ML20155C161
| ML20155C161 | |
| Person / Time | |
|---|---|
| Site: | 05000000 |
| Issue date: | 10/15/1982 |
| From: | Fotias A NRC |
| To: | Cunningham G, Jenny Murray, Parler B NRC |
| Shared Package | |
| ML20150F521 | List:
|
| References | |
| FRN-45FR20491, RULE-PR-2, RULE-PR-50 AA61-2-154, NUDOCS 8604160465 | |
| Download: ML20155C161 (176) | |
Text
,, z l-
..c October 15, 1982 i
MEMORANDUM i
TO:
Guy Cunningham j
Jim Murray Bill Parler l
Joanna Becker 1
'FROM: Anna Fotias, Legislative Specialist
{-
Location: 8717 MNBB j
ext. 2-7910 RE:
STATUS OF APPROPRIATIONS AND AUTHORIZATION LEGISLATION End of the fiscal year legislative activity is outlined below--
l specifically Congressional action on Continuing Appropriations Resolution (H.J.Res. 599) and NRC Authorization legislation (H.R. 2330).
The Legislative Library is completely operational at this time.
I am in the process of compiling LEGISLATIVE HISTORIES on current legislation of interest to NRC.
If you have questions concerning particular legislation or require any legislative research, please
-contact me.
OUTLINE:
CONGRESSIONAL RECORD - CHRONOLOGY - H.J.Res. 599 Continuing Appropriations FY'83 Wed., Sept. 29, 1982-Pt. I Senate debate on H.J. Res. 599 (Senate rejected amend. to terminate funding for CRBR) - pg. S 12447.
See.pg. S 12456-12469 Thurs., Sept. 30, 1982-Pt. I H.J. Res.'599 CONFERENCE REPORT (H. Rept.97-914) filed.
See. pg. H 8245-8254 Fri., October 1, 1982-Pt. II
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House debate on Conf. Rept. on H.J.Res. 599 See. pg. H 8359-8374 l
i pg. H 8374-8392 -Conf. Rept. AGREED TO by House.
Fri., October 1, 1982-Pt. III I'
Senate debate on Conf. Rept. on H.J.Res. 599 See. pg.S 13208-13216-Cong. Rept. AGREED TO by Senate.
OCT. 2, 1982, H.J.RES. 599 approved (signed into law) - P.L.97-276 -
CONTINUES APPROPRIATIONS TO DEC. 17, 1982.
j CONGRESS WILL CONSIDER ENERGY AND WATER DEVELOPHENT APPROPRIATIONS FY 1983 when reconvenes NOVEMBER 29, 1982.
Fri., October 1, 1982-Pt. IV '.
}
Rep. Stark opposes CRBR - FY'83 Energy & Water Dev. Approp.
See. pg. E 4640 l
8604160465 860327 PDR PR 2 45FR20491 PDR
T s
PAGE TWO October 15, 1982 STATUS OF APPROPRIATIONS AND AUTHORIZATION LEGISLATION (CONT.)
l' OUTLINE:
CONGRESSIONAL RECORD - CHRONOLOGY - H.R. 2330 NRC Authorization FY '82-83 I
l Fri., Oct. 1, 1982 - Pt. II Senate ADOPTED Conf. Rept. on H.R. 2330, FY '82-83 NRC Auth.
(Conf. Rept. - H. Rept.97-884)
See. pg. S 13051-13056 Fri., Oct. 1, 1982 - Pt. III Senators Hart and Mitchell--colloquy re. NRC/ EPA regulation of mill tailings and "Sholly" amend. in NRC FY '82-83 Au th.
See. pg. S 13292 Senator Schmitt speaks in favor of import restriction amend. in NRC Auth.
See. pg. S 13292-13293 HOUSE DID NOT CONSIDER Conf. Rept. on H.R. 2330, FY 82-83 NRC Authorization.
Fri., Oct.
1, 1982 - Pt. IV Rep. Kogovsek refers to Conf. action on NRC Auth, bill and Colorado uraaium industry.
See. pg. E 4671-4672
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-CON GRESSION A1; RECORD :.l.;SEN ATE
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of the issue until we get into the bills I thank the Chair, and.I thank the of nucleat technology.'And1ust wha themselves, rather than on' the con-Senator from Wtsconsin for handung is that? Namely, hght water reactors' tinuing resolution.
that matter.
of the kind being used today.
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'I' hat leaves us with about f our com-Even by the Department of Energy's.
g,n g mittee amendments that are still ex-own studies. breeder reactors will be (he (
I shall do everything I can possibly do to help him in getting this issue cepted on the basis of requests from unable to compete economically with ggo ramed at that time that he selects on
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individual Senator.s.
light water reactors for decades to lion i that bill in order for there to be full Mr. President, on behalf of the lead. come. in other words, until well af terra "oloc and open discussion on it. He has that ership ve will set aside the remnining the turn of the century, the ti:ne N g3 eci right and I shan certainly-do every. committee. amendments in order that frame of 2020 to 2030.-'
- - '- ' M set thing I can to help him secure that Senators may offer amendments.
The chief advantage of'tireeder reae.]i,
prer right.
Mr. Pres: dent, at this point, with the tort, of course, is 'that they create Ger:
Mr. PROIMIRE. Mr. President. I e neurrence of the Senators on the their own' fuel But it happens that 9 gran thank the distinguished Senator from h. Senator Hurnm and Senator fuel costs are a very mall part of the M put
~ Oregon.- With thatsassurance. I shall ms. I. ask unnMm us. consent lif etime cost of the nucleartlant. The tI burt
-not press the amendment on the reso 4 hat we have a modified time. agree. egpgt33. costs-of breeder reactors are'3 Prer lution today, butI do intend to offer it' ment on the ch River b very much higher and because urani-bret when we come back in~ December.
, g g
EI4 7erm merC cap oN B:Es-cou.Ak FAY
.gggg gqqgl}y djyjded,.
dant and is forecast.toibe-abundantM Phtl Mr..ABDNOR. I would like to make The PRESIDING OFFICER. With-
-absolutely clear.that the withdrawal out pbjectieru it is so ordered.
more d L
ate re rs, the bu
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j are much more economicalc
-"-M. Ah ' President Do ttflity' in of-the committee's Amendment merely
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rr ucunumer no. me -
.f kind-ci reactors.we'are using today sho 3
oth restores the provision of the House-
/ (Purpose To termtma fundmg of the passed joint resolution applying a 4,
Cunch River breeder reactor proncetl~
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emi percent pay cap to Pederalblue-collar M.r. liUMPHREY. Mr. President..I country b gd - to co e rc h se
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work ers.
send an unprmted amendment to the a
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Mr. HATFIELD. Yes..this action desk and ask for its immediate consid-t ihe PRESIDING OFFICER..The building a demonstration project. -V]
cration.
Rh would res'. ore to the joint resolution a gj Ilistorically, demonstration projects
't provision in the House-passed version.
Th:s language. which has appeared in amendment will be s* ated.
have been built when a technology is to.
a The bill clerk read as follows:..
wihr form in. previous -continuing -
on the threshold of commercialization.-
we N -President's ~ :budgettrould Mimply' Encrnarthfor himse_!!-and41r..Buurras...But-mis oneho O,-
Jesolutions. and ewasiincluded h:the Obe senatorefromEerWW air.
.77 from tzmmerM*ntion and-it 2nakesly
- insure that the budget target of a 4-- " proposes -an unpnnWL amendment. num. no sense 1or us to continue'with this g tl F - 9 fly 0@PeeTSul* 2.broi.-section.5 >ered 1309.= *paroS@2^ce *d93* ' Yon. p b
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to eaui loy in a 'vay have ' acknowledged"this. %
drC night add that. as you-know, this
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. Notwithstanding-anr other pro - OriginaDy.-they-agreed.to~ participate.4 u
share the cost with the taxpay-m' TP-4 b.
T2sion:is*1dentical-to-one which.isdn --vision-of-this joint-resolution. no -funds.and1ers 50-50.They long ag v
-both'the House and' Senate reported made aranable by this sointresoluuan shatl a
be-arallable for the.Cunch.Rner Breeder that agreement Their total <participa.
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. Treasury. Postal TServicet-appropri-4 Pner Prow..-.9.~
.:::x.sm :., ton so f ar hasteen somemnun'2e} ]
m 4-6 ations bills f or fisca17 ear.'1983.' 7
-'Mr. ABDNOR. And3t.is myrtmder!
Mr. HUMPHRET.Wr.-Presidentttn hd ' ' standing that thismrovision for-a*4 the interest 1of time.-and I am awaress e[ Dtend 3 t'
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- s specifies 'that ~Federali As Senator Btratrzas that time is of-the. So they. are notawmtnr to investyg y
-a.-
percent cap essence this morning. I will be'brief in their gnoney. Why should Congress 3@ -
blue collar; employees would.not Te.
invest the moMAdm taxpayers-in,g,..
b reive an amountGdue.to. wage survey.2ny Temarks. I think Senators 4have 7
k Te -adjustments. that-exceeds the overall-heard-the: arguments.before.<but the -this project which innkm 2io economicy D
FM. sverage percentage.of"?the Tederal Jhighpoints beartetteration.. N 2 m sense and which.has suff,er
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-whitecllar Adjustment'for ~ fiscal'yerr -Ptrst of all. this is"not an antinuclear huge cost orerrun?...
a.. c....-
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amendment.-The -Senator from dew
'Mr. President.2 believe at this point g e
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Iggy[. ~ATm ; D. The Senator is ab. Hampshire supports nuclear power. I will yield to ny colleague from Ar-f ;
X M H The issue under disemn and consid. kanm and I may wish to raise a few
!C-solutely correct.~'" & '
eration this morning c the issue of other points af ter he has spoken butif q
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waste. I am not tale r about nuclear he is ready I will yield the floor at this '.
Mr HATFIELD. Mr. President. I ask waste aout vaste of 1
umimous consent.-with the approval money;,I am talking C
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time.
waste of taxpaws men-y.
Mr. BUMPERS. Mr. President..I ask.
j,, of themrinr minority member, that The Clinch River bn+ der ecmon.
E, p.
the distingitished floor Innnarer, are the ronunittee amendment beginntn? stration project is involved in a stu. there any speakers here or coming on on page 13 line 5. through page 14 pendous cost overrun. It was originally
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hne 25 be withdrawn.
estimated to cost $600 million. which the other side of this issue?
Mr.
HATFIMD The majority _
The ~ PRESIDING OFFICER..ls is no r,u11 piece of change in Jtself, Z
there objection? The -Chair hears but today after six reestimates on the leader is on his way to the floor.to a x
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i none. and it is so ordered-part of the Department of Energy and speak -for at least part of 'his~ 15 Inin-a utes.
j.
Mr. HAwI o n..Mr.' President let predecessor agencies, the cost is-esti.
me explain that.
O-P mated to be $3.6 billion, an additional Mr. BUMPERS. Fine.
Mr. President. I have been opposed Q_
. _The' House had.placed in the con.13 bilhon. To tnake matters worse, the to the Clinch River breedertver since 3 M.
-tinuingeesolution a.4-percent cap on General Accounting Office in aveport j y ' certain employees in the Federal Gov-issued just last week indicates that the I have--beenlin congress. I'thint-%
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-ernment. and we had deleted that in true costs.-including interest expense voted for it for the first year I-was..
.. 1 the committee until we could seek and to the taxpayers. Are really much here. But since that time themhole d obtain further.information. That was closer to $9 billion--89 billion for one ides for~the project'has degenerated
'1 a f *9 *
- unbelievably.W
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_only.the res son the committee deleted piant.'
.T w-that provision. We deleted it, and we 1t is bad enough that the program
'First, the CRBR represents sn obso.
have since received additional infor-has suffered such a huge cost overrun, lete technology. The best physicists in
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mation. Therefore, we feel that we can but to make matters worse we do not this country say that-if we go throutb encurxithcthe House and withdraw even need at.-We do not need this dem. with the project the carliest possible thM ' deletion. -thereby restoring. the - onstration ' project for the reason that completion date will be 1990, and by > v '
House language.. "
we have something better in the 'way that time the technology will be 16%
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, SeptembEddSN D NdKESSIDIGCRE'CORDK5 ENATE 5'12457 N
years out of date. Any Senator who 12.200 per megnwatt. and with: virtual. timo-if 'the Senator 1 rom IIdaho is h,
votes for this ought to vote for it in ly no annual operating costs. Just concerned a-
[s T-the certain knowledge that it is not open the floodgates and let the water Mr. McCLURE. I might make an in.
f y
- g to be cc=pleted until 1990, that through. Providmc the facilities to cuiry of the Senator-from Oregon.
PC d the cost almost certainly will be what generate this electricity at a cost of Mr. BAKER. Mr. President, the D
e GAO said last week it will be. 58.8 bil-s2.200 per megawatt, or 1.000 kilo.
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ncn er Incre. and we will have a tech-watts, will cost $20,000 in capital costs. the com=1ttee, and I tMnk that is a manager cf the bill is the chairman of T
noicg'. cal turkey on our hands when it Mr. President, parliamentary in-good way to leave it. I wonder if he is ecmpleted.
quiry.
Will yield me 5 minutes?
Seccnd, a lot is said about the The PFmmING OFFICER. The f.4 French. the Japanese, the English, the Senator will state iL Mr. HATFIELD.I wo'uld be happy P4 Ger=an and the Soviet breeder pro.
Mr. BUMPERS. Te are trying to Mr. BAKER Mr. President. I can '
to yield 5 minutes.
Lt gr m Every one of those nations has f3 put the:r breeder reactors on the back keep this total debate to 30 minutes. rect.ll back m the days of the Joint but there has been no agreement to j
burner. They all have them. The that effect.tas there?
Committee on Atomic Energy when a -
- ]
breeder commercial projects immedi-The PBmmING OFECER. There dec2sion was made to go forward with French were going to develop -h y
ately after they finished the Super has been an agreement to that eIIect the prototype breeder. reactor. ~ and
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Phoenix, and all three of them have Mr. BUMPERS. How much time do there was a great debate at that time on whether it was going to be a ther.
the. proponents of the amendment mal breeder or a fast neu* on breeder' been postponed and put on the back have?
a burner for very good reasons. Why to ten you the truth, my preference at A
should we emulate the worst of what The PRESIDING OFFICER. The that LLne was that it should be a ther.
g other countries do? If we are going to proponents have 15 minutes.
mal breeder. --
Mr. BUMPERS. How much time do One of the reasons for miview was q
emulate something, let us -emulate ething that has been successful.
we have raMnine?
that I. thought a '1hermal. breeder 80.=hird we are starting down the road The. PRNING OFFICER. Six would be in Tennessee and the 1ast 4
7 j
of a plutonium economy. The Clinch tninutes and 15 seconds.
breeder would not. But I was con-River breeder, if completed durmg its Mr. BUMPERS. Mr. President. It is a vinced even then.-as 1.am now, that lifetime, will manufacture enough plu. fine thing to support pork barrel prol-the United States must explore the t
J tonium to make 1 million nuclear ects on occasion. I do not have any ob-avenues for the production of power in jection to politicians around here get-the next century. I believed that ad.
g weapons the size of the ones we ting sometMv for their.home dis-vanced reactors and-breeder reactors ini tricts-withinlimits. 'But.this roes. tar must be demonstrated.as-feasible or F
th. o o the m
5 beyond-the bounds of reason. Jar tially made for the breeder was that -beyond the bounds of anything that tmfeasible, not only in terms of their we were going to need the plu*enium technical experience, but alsoln terms to. fuel our light water reactors..t. hat you can -explain to your constituents of their desirability from the commer-i 1
"COU"**
'# 'he generatorsd' or time that we might need them And I M
uranium was mntnmut _ Nom -
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cial standpoint, well An advance ci the ust fyesterday t riched umnium has<iroppedfrom $40 N
a gram to $17. There is a glut on the this reacwAre tested and. failed. It gave way in that debate and supported market..There have been new. finds 1n is an: outmoded technology. So.1-am the sodium-cooled breeder r....
Australia and big new. finds in f's nada Weading 6 my colleagues @h, N y # nt, M h dent,ds h We.have more than-enough uranium to what the physicists in this country That project was not-conceived.as-a to run us-well past the year.2025, and sayt*.'Do.not build this outmoded tech-Tennecee project.,Indeed at that time yst._this ' reactor tannot :possibly.be M ogy-
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It was.assurned that Abe plant would
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- I am ragreeing with -the National be built some place else, because the commercialized effectively before the. Taxpayers Union-the Beritage Foun-development work had.not ~bee yw 2020 according to every sensible person who has namined it. -
- dation -the -Hoover. Institute. -and in tny State, and it certainly was not a Fifth, the GAO says that the DOE mther groups in -oppunt this boon to the State of Tennessee when has grossly overstated the amount of project. iThe coalition opposing the the decision was made to go forwa-d electriaity thev are-going to sell from CRBR ;is'ene of the most prevasive viti the prototype fast neutron bre ed-Sixth, the across-the-board coalitions I have ever er.
tMs reactor' promise in 1971 from the been associated with. Almost every-Later, Mr. President, after that deci.
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nuclear power industry and the utill, body in America is opposed to this, sion had been made by Congress. a de-(
ties of this country was, "We will put and I hope my colleagues will be, too. cision was tnade on the basis of many up half the money," but the utilities I yield the floor, Mr. President.
other facters. one of which involved t
signed a firm contract that they would Mr. BARTR addressed the Chair, me. The considerations were that a i
not put up more than $257 Inillion.
The _ PRESIDING OFFICER. The demonstration pmject ought to be in a l
That was back when we were expect. Senator fron2 Tennessee.
location not only where it could have e
ing this thing to cost about $500 mij.
Mr. BAE'ER Mr. President. I yield access to the high technology that was i
lion. Now they have put up about $150 myself-I ask the manager to yield me necessary to build the system, but also million. The cost has gone from $500 5 minutes.
where it could demonstrate the eco.
f million to $8.8 billion and the nuclear Mr. -HATFIELD. I would be very nomic feasibility of the plant itself by 3
l power industry and utilities of this happy to yield the Senator 5 minutes. feeding that power into a nearby country say," Count us out; we are not Mr. McCLURE. Mr. President, par. major power grid. The planners also i
putting another dime in it. -
Ilamentary inquiry, wanted to find a way, I believe, to
.And I ask my colleagues. If they do The PRESIDINO OFFICER. The locate the facility-in a manner that not think any more mf the f7 inch Senatorvill state it. ~
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awould-demonstrate theilicenseability River project than that, why should Mr"McCLURE.'Under the unan!. of the facility. - FW we?
mous consent agreement who controls I suspect that other f actors included -
Seven. Other projects are i better -thetime? *
' proximity of the plant to hydroelectric use of money. For example, I have The PRESIDING OFFICER. The power, to steam-generated electricity, been trying to get money to' retrofit proponents of the amendment and the and to nuclear powerfrom convention.
the dams on the Arkanm River. It is manager of the bill.
al reactors. Finally, however, the a travesty that those 17 dams were not
-Mr. McCLURE. In this instance the objec*. was a demonstration of the outfitted with generators when they mnnarer of the bill supports the feasibility of a breeder system.
Dere built.13ut even today you can amendment, does he not?
But I did not make that decision. As outfit every. dam on th'e Arkanm Tr. ~.HATFIELD. Mr. President. I 'I recall. I had nothing to do with River w!th generators at a cost of vill be very happy to yield whatever Innktnr that decision. I was delighted
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~ "CONGRESSIONAI/ RECORD c'SE.NATE ~ ~.
Septe
.Septc g t r technologyj that th uAre we just. going io.apologhe and advanced breeder reac obe ' -preserved.' -but question;
- poIICT L, when the choice was made, and the lo-say we tnade a2nistake, and ue shdhld whether this reactor, the Clinch River '
IEU i" must cation chosan was in Tennessee. But not do that. or are we going to go my point, Mr. President, is it ce.rtainly ahead and finish it? Mr. President. It breeder reactor,is technologically ade 2 Ey was not conceived as a Tennessee proj-will take an expenditure, by the U.S.
cuate. My distinguished colleagues, I thI*' [-yp Government, to Enish the Canch for one am not equipped to make that.'
the y-ect; it is not a Tennessee project. It is a national project of major importance River breeder reactor this first of-a-final judgment. and I suspect that few 7
- [te and, indeed, most of the money that kind. engineering developrnent iactity. of us here today are. I do not bebeve l 'f 1
That investment. by any remotely the GAO even is necessarDr equipped he has been appropriated by Congress eause and spent has been spent outside of normal cos* accounting procedure,viu :30 make that judgment, but they have 3 Cgencies be an additional 3%3 to 22.6 billion, de-asked that question of a good many l h '
and it ir Tennessee in the procurement of This
' equipment and f abrification of the ele-pending on uhether you care -to be.
experts who a.re. And the General Ac' '
ments that will go into construction of liert the latest estunate of the Depart-counting Ofhee wluch has had much I tive wi' this f acil!!y.
inent of Energy. or the estunate of the to say About CRBR. some. good, some 9 '
fired r
_ : So much ior Vork. I~have always General Accounting Office Themost not so good. simply says;.. s.
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otherp beene-M at those who-say that conservative profit and loss assump-
%, n g%m.usde ipe -
This thr4 5 though
,_ this ts-a Tennessee project because tions for1Ln operating electricity-pro-us.unh ar S spe Jacts ed="~
technol vhile-components vill be shipped to:ny State and sssembled there and the -ducing powerplant insure at lea 8 '
that amount viD be recovered byethe. lete..
't increas 38 billion minimum sales of electncity Mr. President, we 15st'5 year' m a deman-constniction of the demonstration cent.*
plant vill occur there the major por-over the project lif etime.
construction and beent.Lc luatus on do not tion of the benefit vill go to iLreas out-But that. Mr. President, is not the this project, a hiatus whc was f many and w.
. f side Tennessee.-Inany-of-them very imal determinant, in 7ny judgment. broken by the f avorable.Augus:. 5 4eci.
distant from Tennessee.
cost c.
- Mr. President, as Fou and my d:stin-The final decision ought to bemade sion by the NRC.We are ready to pro. n' megav on the same basis as the originalh ceed. -and I mould urge my dmin-I pl guished coueagues know. I would have sion Does the United States of Amer * -guished cobeagues to imkh-what we I your r
- greatly preferred that not only this, aca need to demonstrate the feasibih*y have begun. let us not leave the land.
and s but many -other simfbr amentiments
, which our distinguished coueagues by a prototype breeder reactor to te scape strewn with tne relim of-incom, starte-available to this country and to th? plete ideas. Let us have the courage I yit fervently want to offer on this interun world, to the free world, if we need it today to say, once and for all, we wiU MT-f undmg measure, be deferred and han-Wed in'the normal. Tegular appropri -st the turn of the century? That is the put a ceiling on the price of one form the E energy. ec ma e e the 4 3 utest v.
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-ations promss..But thatthas not been -realissue.
- E I*C#'.i possible, and I would say:to my disttn; b.t.Mr. President;1!vevere deciding.at
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guished zoneagues the Senators f rom tils time that we are going to elect.are going to. opt.for a plutonium cy 3,
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Arummt 'Gir. Bmezzshand from 7 -NewIIampshireTMr ?Htrurnarr)Altris power ssstem-Tueled by-a-senes-of N MrJ h
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abreeder reactors around'thexcuntry. inuchtimerrmstmun ;;:;:.'C'#
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M'.no faultof.theirs that thenenateins'.thecttneh River profeet-in the;ncrmal uL notmreiiated-to dealwith-the-issueef clif weweret:anedio make rhnt decision state rb-2ninutesM secondsseu wt 3,33, YC F1.'.<2rder.of an Energy.nnd. Water.Appro-We should not make that decision at NEMPERS.'Pirsk-ofW= ant J
.n tnt-ii fBouse ef-Representatives has still.:to tioing. What we are doing-1s meing ' to say there 111. The plain]; fact-is the ' this time.;But that ismot what-we.are su N'.L pM2tions:t:
for-whom 'I have more" respect-Ahan tual
% ~ this-day.-only givenersifourappropri--one entry in that sweepstake.-Weatre the distinguished majority. leader;2 tor ^
loose k ~ :stions hills of any tindrirbe;1act that. rnsking-one bet on the necessityJor is there-a State:withwhich.I hswe.a tech M
we'are*here.-at this. late,date; now/having this system at:the turn of thew. loser affinity.thanty own State tf
- sim,
- N' ~ hzvmgeto-deal-ettb oneror.another -century;WE a-u-..W.a aM hus%hhiemption.cf Ten-As I " rmeasure-that shnost every-Member of c.'.The *SovietWnion.has three,. the.this-bod Offi sa-QMyu"DE
. men '
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ish are entered;the.Prench have two-.
t this ene.*I havesb--
thei appropnatious.. process-that 'has almost -every hovanced nation.in-the Tennettsee.-excep Mne way or anotbcr is testimony to an solutely no Auarrel vith Tenneswe 198 Ae F
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world has some prototype-entry into being the location for our first Tusion broken down.
I think it Commercial demonstrationb dust
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.So. Mr. President.2ny ples has been.the b*eeder technology.Would De f oolhardy in the eXte!ne. Mr.
a
- uah But I want everybody-to bear in that-thisemenure 1s beuer. dealt with President, for the United. States to inind that we have spent more than $1 Tid'
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not on this interim funding measure. ethdraw from that competition and bilhon rdready, and just last week they f*
but on the regular Energy and Water cancel its hedge against the necessity took a buDdozer d,own there and start.
5O Appropriations biU-which,the d. astm-for this system in the future. - e ed clearing a site.That billion dollars
- ' Jrh s
guished -r.hafrman of the. Appropri-Mr. President. I f or one do not-be. was Inostly for TWD and 'we have I
ations Committee. Mr. H>rrIzu, as-here that any government or say pri. gotten the benefit of that, but most of sures me will be available lot our con-vate entity has ever regretted an in. what-we have gotten are things that M
0"
-suierat4on a httle over 2 months from vestment in long-term, high technol. will not work rather than the things Ri 1
E now..But smce my pleas have thus f ar ogy research and development. There that wiD work.
4 fallen ontieaf. ears, and becauw of the is almost universal agreement in this I want to quote what Edward' Teller
'I urgency which I understand my distin-country that f aDure to keep pace with said. Tie does not happen to beone of
'C u
guished coUeagues who.have offeredthis amendment feel. I am prepared to - technology in basic indust l
d'
<hspose of-this issuec 1. trust-once And. root.of manv of our economic prot,. the project
- inconsistent -with badly th y'
lems today. And yet here weare..onceconsidering the Wisdombof needed econ
$ 1,.
for all atthis time. I would only add m in
~
te d(-
then a few comments, and.I will be-4hrowmg away the sins.e. proven tsch. and " technically obsolescent.**. 7 m. S
.-JwEa-.
David E
-brieL %;-
nology that we know today canput a best fellow in the world fo quote any.
$P Mr. President. I airIcbnvinced1 hat ceiling on the pnce of electncity for. more-when he was in.the Ilouse of
~wemeed to go forward-with.this pro)-ect not only beenme we have persisted -ever at a pr a
r ln the development of:lt.:for such a Ity from oil. No other inexhaustible league" letter that says C1'nch River is long time.and invested a great deal of clase to t N t incompatible" with the free enter.
money..That Js.a. consideration. l, energy systemfis yet prise system.
achievement. - m wonder-wbat we.are. going to do.about Many.of sny -coUcagues therefore Secretary Idwards-test $ led before ~5 the $tbIllion plus%e.have,41 ready s Whose of us who beheve the the Energy Commi.ttee, on which I s!L.
. spent,f W ;, c. Q*12, : s.a.. agree u,_
~..
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- 4 8**D.-
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September fMS82
~ CONGRESSIONAL' RECORD O.
SENATE
-S 32459_
,7 th't this m&inistration's cn trty yn poljey will be cnly to pat Federal dol-phony figures slid'I do"not think they the fr.vorable August 5 decision o g er lars in long term. high-risk technol-know that. I am sorry that they do not s.]
egy. There is nothing high risk about know about it, but they have included Nuclear Regulatory Commi" ion. The 1
.de-h..
this. The French and the British and such matters as includmg the cost of arguments against completing this es-t few l[
the Japanese and the Soviets have plutonium fuel-I wonder if the Sena-sential research and-developnsent fa.
I thea Every one of them have put tor from Arkansas knew that-when. cihty are no more valid today than the:r technology on the back burner as a matter of fact.me already own it. they have been in previous years. The ped,
ave ;3 because of cost overruns and ineffi-We do not have to buy any. We al-American breeder reactor program is eiene es.
ready own it.
today at the point where the sensible They have ignored the fact that next step is the engineering demon-1 IDF W This technology is not long term, Ac- %
ich and it is not reing to ever be competi. there will be $200 billion worth of fuel stration of a first large-scale breeder reac*.or electric powerplant. The tive with light water reactors, coal-produced by this plant during its oper-ation and that is not credited at all. So CRBR is therefore appropriate and me fired reac* rs, hydropower. or any they use a phony fuel cost and ignore prucent in a carefuDy timed, conserva.
4 other power I know any*,hingsbout, This project was started because we a real fuel benefit in the assessment of tively paced engineering. development ade r
{
thought we were going to need the the economic value of the cost of this program.
hat
~- -~
program. -
The Clinch River b'reeder reactor is no-
{
technology to meet a 7. percent annual Mr. President, I do not know exactly not technologicaDy outmoded or in-J increase in energy demand. That demand i. mow between 1 and 2 per-how to competevith the kinds of ac. herently unsafe, as some.have argued.
aa 8
cent, where it has been for 3 years. We cusations that have been made in the Repeated assessments by the General ~
on do not need the Clinch River project, ven limited, time available to us this A EO ny
.7 morning.
th d.
and we certainly do not need it at a A
Before turning to the' substance of f und that among *.a wide range of y
cost of $8 billion and 320 mmion per ro.
the amendment. I want to state at the in.
megawatt.
I plead with my coUcagues to -do outset that I fully respect the good in-we ae
- d. iduals
- ad.
your duty and do the sensible thing tentions of the cosponsors - and -de-we talked with was able to provide as one clared supporters of this amendment. With any specific facts indicating that m.
and stop this. project before it gets 3
started.
The Clinch River project has re-tu I yield the floor-mained a controversial project ever ' components or design features weye ge
.m i
Mr. McCLURE. Mr. President, will since President Carter publicly target.
The con'dnued keen interest of ed it for termmation less than 1 French,
- British, Japanese, and n.
J the Senator frem Oregon yield 5 min-f utes to the Senator from3daho?
month after his inauguration in 1977. German breeder experts in aspects of w -f Mr.HATFIELD.TesJ ~
Despite-the best efforts of the Carter the CRBR design makes clear that the a
g The PRESIDING OFFICER. The su minimtion-and its congressional technology is current, with a number
,, c Senator from Idaho is recognized.
supporters over the succeeding-4 of important design refinements and a E
for yielding this time. I appreciatelheMr. McCLURE. I thank the Senator My;-1 amm that thousand years.De project is proceeding apace 2r ]$
figuration developed'.in sthe-mast 4 statement by my colleague fromTen* Americans.-as well.as this Senator' years. In short, the Clinch River reac.
,11 ';
nessee, because I am afraid the oppo-took great pridein the newspaper pic tor is meant to be.a. technology devel.
nents of the Clinch River breeder hwe.tures in the last few days of anstrue. opment and. demonstration facility -
J.
succeeded in erecting a number of fa - tion work-itnally tmderway at the site and the current < deen achieves-that -
'D tual barrierwand I -use that te m inTennm.Perhaps a few others,'in, objective. ~. --
,m~
r; er loosely-by - talking. about--obsolete cluding the supporters of this amend. ~Those xho attack the _ project. costs a
technology. As a ma der of fact.that is ment, :were saddened by those yie. of ten.do not mention that the final simply not supported by the evidence. tures. In any event 1 want to assure cost estimate for CRBR in.carly 19W.
a As a matter of fact, repeated-assess. my possibly disappointed colleagues as before contracts were let, was $1.7 bil.
3
-m:nts by the -General ;Accounung ve begin this debate, that this Senator lion. Inflation:has doubled au prices n-Office and most recently supported by approaches the debate as a legitimate aince 1974. so it is quite Temarkable k
,g their July ~12 repert-that as July-12, and licalthy exercise of the legislative -that the most Ment-cost estimt.te of 4
198.ha C ound W
.meess in -fashioning our Nation's.33.6 bullon exceeds inflation by only a i
Among a wide range of knowledgeable in.
energy policy and future. Needless to few pe centage points. Terminating j
l dastrn Government, and private indmd-say, I am convinced that our energy the CRBR project today would leave; policy and future will be best served us with nothing to show for a 31.3 bil.
l vt y spec facts tn tL s the components or desan features were obso. and assured by defeat of the amend. lion investment. The completion costs, ment and continuation of the Clinch on the other handcvill be substantial lete.
3 That is from the' OAO and not from River project. let me now turn to the ly recovered, even under the most
)
substance of the amendment.
, conservative profit and. loss 7
h
' Jm McCWaE.
I would suggest, also, that the cost ' Mr. President, this amendment de. Lions, by the $8 billion reVePues from assump.
letes funding for the Clinch River the sale of electricity over the life.cf r
ovctrun questions are greatly inflated.
Again, the opponents of the Clinch breeder reactor project. The liquid i
I' River breeder reactor have come up metal fast breeder reactor represents the project. Meanwhile the only known technology capable of term, the project objectives as a re.
with false and phony and rigged fig. supplying our electrical energy needs search, development, and demonstra.
Cf the matter.is that-if you look at the for the indefinite future at tion activity will be fulfuled.
ures and then repeat them. The fact a cost The recent GAO interim report on design costs of the plant at the time which approaches the current cost of project costs, contrary to impressions electricity generation. We therefore 1
tended to do, and apply the inflationth;y were designed, what they were in. -believe it is essent
~i r s the 33.6-billion factor to it that is inherent in society ments be defeated in order to preserve DOE -cost estimate. Exaggerated the advanced breeder reactor option of project costs exceeding $8 l
gen: rally, the Clinch River breeder for this country.
cla tmt 4
has suffered no more than any other billion can be largely attributed to im.
j and, as a matter of fact, it is lower For 5 years, the Clinch River breed. puted interest on J%ietal -debt, than the inflated costs that are at. er project has been attacked with a va. Iactor which OAO notes is not normal.a riety of arguments for its termination. ly associated with cost estimates for tached to general construction aethi. Each. year, Congress has repulsed ty. So that the cost overrun question simply is not supported by the facts, these arguments, and the plant today this or any other Federal expenditure.
To those who argue that the nuclear y
Those who have talked about an 38 stands with *io percent of components industry should ' fund this project J
completed or on order and onsite con. - beycnd their already substantial co billi;n cost are using inflated and struction finally begun, pursuant to I
tributions, it must be pointed out that
, g..
/
g v
,e a
g@
4e g
- CONGRESSIONAL RECORD--SENATE sSepfember_1U4
,g,g l
s124s0-l CRBR is subject to alicmenr process sources or at least three. times.the. - Fearly $660.mnlion north 4I equip-tmnM
- f.. ' ment is either complete.or on utdet' of 0%
. Chich has nevir been completed f:r a OPEC on reserves..
3:
breed:r reactor, and chich win un-Scientists remen!:e the monumental It isi prudbfl.scaleup of.techn:1-kt'ter l i
I doubtedly be longer than that for con-i=phcations this technclogy has for ogy. At 375 MW(el. PHnch River is 2%
StocM l'
ventional hght-water reacters. With our fuel suprJ and have been working times the sme of the fast flux test f a-h minis *v the confused Federal pohcies pf the on breeders for oser 30 years. In Iac*
cnity EFITA. the current U1 breeder 9 prom l.
last fes years. the evolutionary licens-Amer 2ca's f:rst nuclear-generated elec-test plant, and roughly 2% times
[
p,m l
ing procedure that attaches to this tricity was produced on a breeder reac-cuner than the next genention enern new technology, and the preenmmer-tor, breeder-a logical intermediate step [
The(
stration facility, the private sector zuract size plants.
.j[l be end tomtrd the abnity to build commercial cial scale of this technology demon-arcnonac cuorra amaruts Azquarr mereq J
pos er,
should not be expected _to increase its. Beenine of its mnvenience and ver-wwm arvra tsrzcmeom- -" swrazou _
I L# W contributions to this project. It is m?fhty, our country is relying more. Allegat2ons that1he project is tech-
' clently a proper role for the Fe<1eral and more heanly on electnc:ty to pro-nologicauy obsolete have never been Government to complete the develop-vide its power. As the economy recov-substanha&d in fact. the -Cimch LL Thel ment of such new technologies to lhe ers and grows crer the next JewJears. Rrver design as the most; advanced in dorsM point There a commercialn:ation deci-electric power demnnd will meresseas the world..incornenh f eatu-es and siderm sion can be made by the utilities.
well..
2nnovations no other nation can rint n thor:d
- Tha suggestics that -the United According to the Electric Power Re-including an advnnred core 4esign;and e4 e ahutdown e rms sand IU2' "#
1979 Statestnfght purchnse.Prench breeder search Insutute, a modest annnat
^ -
5 technology does not f recognme - the growth rate of 3 pement will require saf ety f camres. -
IT* 0" probim that would be incurred in 11-the United States to double its entire "nitrteen independent Government L
I"U
~
eems the Prench -breeder. which 1Lt electric power capact:y in.25 yean
-reviews.smee 1975.have confirmed
'this-time would mot sneet Vi stand-that as twice as manv powerplants; this g g w, pgggg.. _.
to vo3g
~
N world-reknowned - acien *I
-artiscIt is cuestionableNhether the does not even take into -eenunt.re-t eventeen 3
Prench would want, to subject their placement power needs for retiring ti s have reaffirmed the plants tech-I"ti#" l
?
7 technology to US.boendnr s*nndards plants or substitutes for ineffacient oli' "'@
@mts -
a&
because of potential upgradmg and fired plants.
The bundant flexibility in theTeac-C' N disruption in their own heemine and An electricity shortfan could be the tor provides the opportunity for U.S.
mns construction schedule that - could limitinc f artnrin the Nation's econom-leadership in demonstrating the prac-Act ofl result from US scrutiny.
ic growth.
l contin The internadonal.
Mty has poatrsTic Con m Caprraf wna SwrLv rHE N N M SEEA:
- EN breede made Its position clear en hreeder re..
. sma or osa r m= m mzns ;.
After 10 years of development,the in act
-actor technnlogy development -*nne in-
'.To break the stranglehold foreign eD ternational-fuel tycle-evaluauon Tro, exporting countnes have a en.Ahe Chnch.Em plant isleady.to M.
energy ground..About W persons in 3 pnatd gram in'1980 strongly supported rapid United 9tntes we wC1 have to step up Srstes and the. District,of Columbia to186l
. development.,of breeder.ctechnology. 1he use of domestic resources to gener.
, etittag-2ower radiation wuwio --hss aleelectricity. Utaities today have two; are -prnrW-emWoyed e N 2-by.Eq
'E'er J2anucsignas nore4aanE.~:
m -to r
~ thermal pollution. andlessvasfe~for^ choices-coal and uranium. Pew-coun-perant ;cnmplete, with.nearly c4660 River
- M-=12'he22dFBR4echnologyras tries,have even ene **nt. energy mininn worth.of-coulpmenLeither to *4 6 -
7 Judged to-be-no tnore. prone-to rrolif..-source within.4beir borders.- We are complete -or.on order. Of the Aotal Bump <
ir eration rist-than other-nuclearvostr. Nmed withawo..However..both have plant oost ed.imate Df.$3.6 hming 11_
gg rearte. technology.The@nited R*W hmteetine"_ 2nd Moth. ware rfinite-
.. has repeatedly Paffr=ad the accewi resources..
bilbr6..hss.already been W In -rf
- ,,c,
7--17:10 maintain the -liquid snetal fast..Whilecoal willinerfrnhlvremntn our August, the NRC crsnted the. project -
In a amined constme ment c b breeder reactoroptiont ch'.=. ' ".. major fuel.for electric power..lhere 'permWon hbegin Ison acuraues. e- ~m
- l ed tha)
W.? In-Tiew of the enmmitment this are both economic and fuel.. supply
-c ntrary to what.many -have-eald breeAe o n el,
- Nation has mMe and willeont2nue.to, dangers in. relying.aolely.on.a rwm*eatn - the ~12dFBR:: program, tt sourm.for an our electricity ne,m in.terminauon of the plantmillnot nec-
~
Mcst mar 217 zavewM canceled.4e 7,pc7;,
nMirion. the environmental effects.cf
-would be sheeriony not to proceed. as burning too much coal could be sesere. - cost to the tarpayers would be $1.4 bil-I countit has een of the taajor adva.need indus-trial natim.with the miabtion of
. Nuclear power is the partner-and -bon-with nothinto ahow 2r Mn.
that tj the dher hand Weuon costs of negg g a technology demonstration facility in the cc:r.petitor-that coal needs. Tru. 12.4 billion-comparable to the bal we er pn concert with our basic lJdFBR pro-dence demands that se use our don 2es-pay for imported oD every few weeb -
rmnrh gram; The reason is plain-both propo-tic uranium resources wtse.ly. The nu-
- tents and opponents agree that breed-clear breeder technology r21 enable us gld ie partially offset by' net Teve- ' -
on tb nue frcm the already contracted -for energy er remetnrs today, without the cost to extend our finite resources from sale of electncity *from.the plant-a erau
- i. bene!2t ignined :by rephennon of. a decades to centt ries.._. _ _ _
net cash flow into the Federal Tres.*
gl
- #2"Annined plant, can generate elec-czaren areza: rm nex r umcAs s rzr tw oca ury. Cancellation of the proyect would also jeopardir.e the possibnity of any ertecf tricity at a cost half the present cost urrown. murmen rmocaus cf cil-generated electracity. No other The Nation is now apprna.chtng mid.
future joint tenture between govern-are. Q i_nev h e endD1e energy nystem comes point in the development of breeder
-close to this achievement.- -
trehnology. "Elundreds of.milhnns of ment sad prtrate industry.
Union Breeder technology is the W'*
j breede;
- 12t me now address nzoreapecifically dollars have been invested in building velopmental energy technology toda7 and a 3 th? issues related to this amendment. a base of technology upon which a that enn be assured to produce large sung;
- s=- anAcreas oss amaoonces se vncrs breeder demonstrataon plant can be amounts of power in the first quarter
- 1 Clinch U
amaz arriamwn.T.
. buut. The Clinch River breeder reac. of the next century. 'Without operat-Japan
~ ~ fethan 1 percent of naturally oc-tor.is the next step which ismeeded to ing'Clinchttverthe ttmu tdusW d breedet
- ". zurring uranium is anz.ahle as fuel in -demonstrate the performance relinhD; ity, environmental acceptahnity and ip wUI not Tist tight capital on n'technol-
.m 198Crs.
today's nuclear powerpinnte However, in breeders, the unusable constituent cenenhuity of such a plantin an artnai ogy that has.not benefited. frons 1 To i pmen handsrep experience. *.
W would ci uranium can be used not only to utuity system.
w.
. generate elec2m ity, but to produce ad-A total of 753 utilltles have pledged cunca arvra saAs aAn svamo smar-wrm y -
uans t q
pursut:
waz awmsvaarrow
. -ditional nuclear fuel which can then $257 m!!11on to the pro)*ct-the lars.
-.J..
be used in other nuclear renetms. The est Government /mdustry/utiitty part, The Reagan adminktration supports ~,
to redt ed $252.5 rniman in the DOE fiscal j Clinch River and accordingly, request-as our.
, energy value of the uranium.already nership in the history of this country.
enee t Inined and <above ground.1s. roughly.. Plant designis2nore than 85 percent. ear 1983 authortration baljor itsynnj would
. azual.to,our total nmmined rani.re. :completr O... -,,;. r,. ;
y
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s
.1 h
[**
o a
h
!h tmuatlin. David h, -" Dzrector leadership r. position.in.the -pebul portmutMtudy thmues
--p.p.ht.
- MSa2461-
{
of OMB. reiterated this support in.o lett:r to DOE Secretary Edwards Mr. useaof nuclearenerry.
look r1 the Iacts as thiy reauy are. mot -
w.n.
- menrmao e m e: -
Stockman left no doubt that the-ad-By buDdmg the Chnch Rtrer breeder to acce % u p M h h h m y
projec" is compa'h with. President reactor and assuring that the breeder thrown out by the opponents when, as ministration stroncty belletes the a matter of fact they.are not-factual will be proven and avrdlable when
{
Reagan,s freec.arket approach to needed, we can hand down to the next at an..They are myths and they are y
energy. He said that.
generation not another energy prob-they are calculated to mislead.
propaganda They-are misleading and b{
The Cimch River Breeder Reactor should lem, but an encity solution-an hir. PROWrRE. Mr. President, wn1 Ne$
I energy source to replace those -our the Senator from.Rew. Hmmmhke -
a cres poser generator-but rasher as the bcxal own generaMon has consumed.
t next sw. u. breeder researen and desch,res of an Americanswho foUow usWise dectsrons 17 Mr. HUMPHREY..I yield 30 acconds r >ent.
It may be. Air. President, that ta of to the Senator irom W-M
.i -
this cebate is irrelevant..that evert-Mr. PROXMIRE.-Mr. President. I The Conm has repeatedly en.
}
dersed the pmject. The House, in con.
has a ready made up their minds i
nse in support of the Humphrey.
3 sidermg its fiscal ye:Ir 19E0 DOE au. and ey are em 0 to wte.however Bumpers amendment.;- --
d thor:=ation bIII GLR.3000yvn Jcly 26 wish to vote and altthe reenrd is. What is wrongxith the Neh T$er -
breeder reactor?:rPractically'every.
7 1979, overwhelmingly Tetected. 237 to fw a histwac nJenncepot:E to thing. It -is technologially obsolete '
j 182, an attempt to kill CRER E-mn e wte that yas atnady taken,t ar.
and economicany illogical. Even worsi d
ly. on September -27.1979tThen the f.**.
R a rea n
]4 M Senate was gmn the oppwsnnity E,.g[e it gTeatly increases the risk of tmclear '-
I e fact of the matter is exactly as p cra w n.
r to vote on a proposal by Senator Da:.r
-f BIx.Pras to delete CRER f*r the.&:tnr -irom.Tennesssee has sug.
And there is nothing about Cunch v
from a en-*"-f nr m.,,mJe mo. gested, and that is if the United States warrantsWnsGe enure Iction GIJ. Res. 404L tt was tabled bF 1s.to develop. te=bno;ogy, -11 we-are encacmr progrm7as designed 5
a s:gnificant 64 to 33 mars 1= liore re. going to be able to canpete at the end to respond to antic: pated shortages of cently both House and Renstr e of this century and the ber*nntnt'of uranim needed 2 hel conven.
tne next century. we must develop tional rluclear reactors.But the short.
7 sions of the Omnthus necerneen that technology now. We cannot watt ages have not occurred and.neither Act of 1981 included auth
-'*He to have the high prices that were sup.
t=til events have outstripped us, have.p sed to make Chnch competitive with continue fu:uding of the r"meS River lef t us beh breeder rnetnr project. Purthermore.
r The French obviously are doing a mnvenenal nuclear power. Instead, f
in action on the fn n1 yent 1982 A
energy.and water &--/-_m = -o.
grea' deal mm than e.are. Then the first time this plantmightbe com.
are those who sayhe need a treeder pc tive is Inthe year.2040, yes 2040.
- I prmtm. bill.the fulillocsecoted %6 acactor.me.can.always buy.coe from espite the faM;that1he. final cos'.
A to 186-armWt an *- = L mailered the French.TeD that to the worterin of C'linch aD1 be close to $10 bullon.
7 by Reprwn*mHve Iewamcz Cocca Youngstown. Ohio, who will be out of and nu me. 5400 mmwWnany ;__,,,
.C ts :to delete Dmodor.2he CHneh ' work because he doesnot havetheep. pro N in h @tz*:c E
Rtrer troMsud the Se=tr votad48. portunity to compete; Tell that'to the remmin : frozen.a 75 mmion' _
2 '-
to 46 in oppnetmn.to a Timmhrey/- s workers across -this.countrx that xill ""* ADO.*.M"A RNM *.D*L D'I ' ~
Bampers mnendment to =+"""""* see -the tech-tology bstaDed 6-thu _sa one,.., # %,
a.
c
?!
fund:: w, gr.ww.cid;mp.:.:~,
-country that.was developed.ininn%cr Esen ~the. Department..oLI:nergy's
?
.. wou=====arre ~ ~m s.
mmtry.beennee we refur.ed to particf. ornadvheruio.not consider.CHneh a -
In -*WmJ virtnany -sil Govern - pate in the deveionment.of.the mes top. priority,.*Ibeir2nergy Emuch
-, i ramt orprivateenbes hareccmetud.. i#eh=1 y :tbat.=will -be 4ppbed..st Mswy Boardlated md_nm me ed that1his2fstam should -r the some tune in the future.%. c.w bM1mn ofitspmjeM Mau breeder -as a vinh3e energy aoption.
..But.
bes2 des - that., Mr. President _
A if thismen.not enough,m)rding Most rerenthr,12 2.rJuly.22 1982 whathappens to our licemtnrzod our to Dr..TedJaylor farmer, Deputy Di.
3 report, the C-
' General,Ac-safety im.buents if we try to tzstall rectw of me Defense.AtoWupport i
counting. Office 'rciteratedJtta bebei something that meas. developed - by Agency. one bomb dmpped 4 an op.
that the Ch trhfRiver Troject. is 1be tensec.ne else under a very.diffmi-aungAreeder reamcona. kase as
.l rie r+. losocalstep in tbe Nataan's breed-regime of t.alcty and enntrol of the much of two of me most da. cemus-j
~
er program. Failure to. coastruct components than.se have in Lhis radio isotopes as.detoWing evt y nu.
Chnch River,it sazd, woc.ld fareclose country? -
e..
dear n: head now existing..
on 'the long-ter2n-f=ture of.a masor Mr. President.1.think it is obraous-And bnede.r reactors increase the energy option. -nuclear findon ** *." - that if we are to stay where we are as risk of nuclear proliferation by in.
emma cocumrs Aazcomumzzaro as a competing industrial nation we must cr e nt the amount of plutonium soun-m -...
be able to. continue to develop the.arallatde for diversion into bombmak.
Other countries are.adoptmg bned. fechnnlogies that w21 be apphed in ing. Is the program worth these risks?
er trehnningy innr-h f a cs=a than we the future. That h why to make any Of come not.
t are. Eng and. Prance, and the Soviet current analvats as the Senator from hir. President, going fornrd with Union have been operzitng prc4ctype Arkansas dad, and say thn costs more mis plant does nM make any unse.
J breeder rencems amce the mid.1960's. for electricity than. some other AB of the Mher countries experimeM.
i and a year ago the Sortets hernn oper. method of producing electricity. Ing with breeders are pulling-back,
atmg a breeder twice as big as the sin: ply ignores the fact that we stre in from the technology..The enormous i
Clinch River-plant. Germany - and a demonstration program. We are not expenw is not wwth me risk.
Japan are n1=nnhw to brme their first in a commercial program. As a matter, A neent vall Stnet Journal editorb i
breeders into operataan.dnrrag the of fact, we are.irying to move,the, al says it best."There;is rio 22eed and 193y3;.. -
I To wa$.y;m.. e.e-y.;*.
- technology. forward ao that we1will no c2me for new enhefdfee for.its de.
sway from (9tneh Rrrer have opuon.to caeretse that al a VelDDm'nt.in.ibe.midst.of a budget
~
could be a clear.sagnal to other:na. future date, an option that we oo ng emergenW & c e a
uons that we.are Isot serhous about at this time have.
- 2 une my dcagms to apport me pursuing Arcreamed energy production 1.ir. President. I thank the Senator Bumpers.Humphrey amendment.-
>d Lo reduce worldwade abortmeen as well for TielrHnr I do not want to take an - I thank my good friend.
as our own perilous and costky depend. of the t.ime that is avsnahle to the op.
Mr. IIUMPHRET. Mr. President, i
ence on foreign energy sources It ponents of the amendmm! I just urge lhe essential point in this debate is i
would also seriously.Jeopardhe.our sny colleagues sbo have had any,cp. Mbne&r Inh EW M M ch e
h
/
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i S*12462 CONGRESSIONAL-RECORD -SENATE.
-OSeptcmberf9,JSBf7M s
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,'mercially, attractive -until well's.fter federal subsidizauon of any energy pro >ect. ~Breederm==s stul.e.re on their -experKZ.
mental stage; and although safetCis -notg{:~r*g tne year 2020. I am usmg the words of even nuclear power. This was; in fact. the the GAO in this instance "well after Reagan men e Jau m's inmal mes on necessartly in cuesuon. abut-down. time a.nd
--.m th-Cmch River untu me he House acqui-hours-on.hne definitely are.
-y 34-the year :020'n"o point at this juncture esced t gam Sen. Baws supprt in the Chnch River ts that when and if it is com. %,,
Ab ut all one can any i r sure about -
t ot So there is budget a.nd tax fights en Capitol Hill last tm in spend:ng all of this money on dem-pleted. it wn! be obsolete. Reactors now "M'3 -
year.
onstrating a breeder reactor. We do Another concern is money Only last week being planned in FTance and Germany are
$e, not need it. That is the essential pomt. the General Accounung Off ace concluded more advanced. The technology behmd the.'5:4 r
And I say to my colleagues that you that the cost of the project could exceed 58 Cmch River reactor is a decade old and get-3
_Mf th<
do not need to take it from me, be. bubon, more than twice the 2.wetra-tmg older. -
~~ 4 '
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cause the Energy Research Advisory 12cn s current estemte The cost. totals of - That brings us to a perfectly reasonable Board, which is appointed by the Sec. the 11 year-Id pr gram have already been suggestion. let-Congress abandon. the w'
rra sx
- s. a nues n w say the Cmeh River embarrassment and save part p to reta.ry cf Energy, had the following to 2a m W mm an 31 On cf its tnmeno us budget i r further re-J co; say r.bo"* the Chnch Rive * *reeder re.
the reactor encounters any construction search in breeder reactors and their lla.
-n lea r
. acton
- delays and suff ers escalation costa -
Then. when we need a truly fuel-eHacaent..~
fi*c The Energy Research Advisory Board be-It's also-beco ing clearer to many-that Tehable.scost4f f ective. nource.of. nuclear. h gt beves that the construction of a breeder re. the only reason the federal government is ao energy.-se might have one-instead of an. I th*-
actor demonstrauon at this L:me is not an enmeshed in the proyect is that breeder other decunal point Ln the nar mnal debt. '
L h NHm
.Mr~' President,.M"T Mi!
urgent Enonty and, thus, under -current technology isn't economical and the pnvate budget constramts. recommends that such a energy sector doess t want to waste its own cos demonstration be delayed untu a future money. At least one study projects that how much time remains?
M act given the avanabnity cf relatively cheap The PRESIDING OFFICER. The
.-3 era I
time.
uranium fuck breeder reactors son t be eco-Senator has 11 seconds ramMnine 'j.- - 9 the
..That is a body of advisers appointed n mica! untu m year 230 or beyond.
by the Secretary cf Energy. So the De-Mr. HART. Will the Senator yields g' Y
Besides Gm mnarns. Wmis also the seconds' ' -
.u--
, - n. 6-
.cri the
-- Dartment of EneTE7 is 3'OinE Egainst its hauntmg worry about nuclear proliferation.
Senator now has no time rmMnMr ;g-- g he Omn h es on advisory board. We do not need Breeder technology provides an easy means
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this demonstration. pro}ect at this of -acquiring weapons grade plutonium.
time.
Amencan support c! such an uneconomic The opponents of the amendment j per; Let me also make it clear that if we nuclear tec.hnology could encourase other have 5 minutes tementnr -
.i wil r.ero out Clinch River that does not muntries to pursue their own breecer pro-Mr. JOHNSTON. WIll the' Senator 2 the zero out our e!! orts in the area of smns with mere than Just electne:ty pro-yield 1 minute?
ect If cuction in m:n1 breeder reactor research. The bulk of Mr. EATFIELD 3 yield.Y e-I
.the program:.goes. forward.In~M buds t ry constraints ab, Mr.-JOIDiSTON..What ris. involved 4 viat year.1983, studer the ' House appropri..tions of federal couars into a nuclear prob here is not phony cost-timsf*Ubut : 3 shc-r to t, ations, at least. Clinch River is 3::M ect that won't be emnomical for at least 50 the question involved here is whether 3 mIIlion. The total Ior breeder reactor.7 ears. The Senate could do us an2 f avor by the United States vants to. lose.Its y
the
.Yresearch is :S$39 million. Even-1f-we fnunt tbenn+ River reactor.:r, 5. -edge technologically -in sone.of cthe 4 120W
-4 emerging fields;The United States has :.%
bree C ~ uero out Clinch River; the:bulbef. tim. > ~.
~.N.,breejer-reactoriresearch Trogram Te-. �.m thQaahmgun nm sepm; been the leader since the early days of Tr priv
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~.vnntm in place. ", i -
17e-
.s ~Pwrontru Poax Bamar.".
atomic energy in the atomic area..We ' '.A tt se na:1-.
N--S;e;M.r. Presidenti l ask nnnnlinous t:of -- Congressional, proponents a of _ nuc[ car nuclearTuel but nucleartomponent
.are the greatest exporter of not only j eral W.
4i ntto have printed in the RECORD 1Ln cost.
'.;-editorial published in the Wall Street power-can vote against the Cunch River -
The question involved here islDowe
-1 mit
+ Journal this pas *. Monday-supporting D*d'Q**[* 'g"be r want to try to keep whatever edge.is ~2 O-
.n,y ro the ear M
L
- vthe potnt of view of the opponents of commitment as some senate leaders imply. lef t of;muelear excellence?.If awe-do, ca Clin
.:the Clinch River breeder reactor and They wiu.be :vottna.asatnst rovernment then we ought to go ahead with a proj-.
ular-
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L'6an ed!torial in the Washtnrton Times. -waste:against what Sen. Gordon Humphrey 'ect'Thich.1s over one-third complete, $jl
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- . %1so published thispast Menday.
4.aptlymiescribes: as a. plutonium _ port -the components 2re over -*iO percent cx)mplete, and the technology /is not - (
Dar:
F 7 -There being no objection. the edito-barrel." -
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m.
r 7-The tasue is not nucle.ar power any7ay. It Rive isn t even breeder reactors. The issue is obsolercent :The technology is -tbr A;f 7. rials weretrderel to be ptinted in the mari
-Recoan, as follows ;
m'-...-
latest in the state of the art..- -
RidIe.
Mr. President. I ihink.It would k>,e 3
Z LProm the Wallstreet Journal. Sept. M.
th b ulon ou o
r=n.
~
D823 can advertise itself as the capital of nucle. silly for this country, over 33 percent
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_f Bu.ac Ct.Inen Rrvra '
ar research and development.~ -
into this project to cease and desist L istruction crews broke tround last Being for nuclear power has never meant and voluntarily lose our excellence, R E8 "-
Wed; scay for the lons-delayed Cunch being ter inefficient nuclear power. Nuclear our edge, in this most important~. tech.
'I'f AD U
. River. reader reactor near Oak Ridge. proponents have never been.no rigid as nology that we have loday.
han Tenn. 1 some +f6 ambers.cf Congress ret those obsessed with wind and solar alterna*
Mr.. HART. Mr. - President. - the j
their was however, that may be as far as tives-beco:
Clinch River breeder reactor has the project Mll ever get.
The idea has been to find the most eco-with
- Sens.
Ot..-con Humphreys and Dale nomical and dependable source of energy. shown a remarkable ability to sustain g
Jumpers plan to introduce an amendme.. aven the most arid proponents favor nucle. itself in the Federal budget. Today,
=
K tomorrow to the contmuint budset resolu. ar power only when it meets that test.They however,.a series of overwhelming i
u tion that would termmate funding for the gladly would switch allerta.nce to wind, solas f orces-astronomical Cost overruns, de- "' j con
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nuclear reactor. Supporters of the amend. or spit power t! anyone could be ahown to be creasing growth in demand for elec.
bree<
ment think they have a good chance at pas-more efficient-tricity, and unf avorable economics-te m aare because the last crucial Senate test of whatever the Cunch River project be-will justify a Senate vote to ettminate 4.he program last year son by only a two-comes, it Mll not become that. The Depart-T vote marrtn aner Majortty leader Howard tnent of Energy s own researth boart! has t.his project once and for all. -
~- -
- nomi Baker. lobbied intensely for this big invest '- remmmended de! erring tunstruction "be.
De MmaW costs br-building.the ment in his home state. Since then, several cause cf Ita low urgency, low coonomle po. Clinch River breeder reactor have sky-
- ce.nti:
g conservauve senators who are normaDy tential and low benefit-test rauo "
-rocketed.'anywhere from fourfold to supporters of nuclear power have apparent.
De House Enerry Subcommittee esti. thirteenfold, depending -on* the esti., j
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- I
-ly turned around on Cunch River. - -
mates the projected start-up cost of $3.8 bil. mates. The cost overruns-on this pro-i
""*] '
T
- One bts reason is acceptance of the simple lion, which already maaes the reactor fune-ject exceed those thr.ttlaque many of s=
view that government should get out of the tionally ridiculous, will be enore like 86.5 bD-our weapons systems. In f act, the Fed.
btnes energy bustness. The sucreas of ot! deregula-tion. Others such as Senator Humphrey be-eral Government has already spent-E taon attests to the fact that market forces lieve it wiu be cloner to $10 bullon once you um b can easur cope with our energy demands add "incidentials" lize interest paymenta.
$1.2 billion on the project, yet not one guj without government intrusion and eo good
-As for dependabulty.-nobody is quiteter.1 piling has been 1 sunk @r-one ounce.cf prb purpose would be served by f urther massive tain-which tens you something right there. Concrete poured.. : r.~. ~ m a
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7 512463 i
The criginal 1971 cost amata for clear power. reactors. Thc GAO esti-1f. as many suggest, breeder reactors _
i the Clinch River breeder reactor was metes the plutonium tuel for the i
$400 million-or $960 mnlion in Clinch River breeder reactor could are the nucler.r equivslent of the_su-i today's dollars. An industry consor-persorue transport and the Concorde i
t;um cf 753 utiht.nes pledged to con-cost from $23 to $200 per gram. Thus, jets. then uranium efficient, advanced 1I to supply Clinch River with the 6.2 j'
tribute 3:57 rr.illion-cr 1600 mS11on in mi" ion grams of plutenium required reactors are the nuclear equivalent of todr.y's dollars. Its share, at that time, to fuel it for 5 years wul cost between the Boeing 757 and 767. If the nNn-represented more than 50 percent of $143 mmion and SL2 bilbon.
1stration truly wanted to help the fail.
Durmg the past 10 yeam. DOE esti-Because breeder reactors can use the ing domestic nuclear inAnttry,it would 3
ine total esMmated cost.
reject the economic chicanery of those 7
mates of the project's cost have nsen plutonium "left over" from conven-r, to $3.6 billion. But the GenerrJ Ac-tional reacter-fuel and produce.-or supportmg the-Clinch River. breeder reactor and insteadTromote uranium-i count =g O!!!ce (GAO). in a report re- " breed"-more fuel than they con-efficient advanced reactors, a product leased last week, disputes the DOE sume, many experts a decade a.go saw that er.n survive in the free-market. -
..g i gure as too low.lt estimates the' cost them as the ideal way to rend our We have~ all heard'the argument 3
at between SS and 310 billicn..ngures supposedly scarce uranium resources. that breeder re=Mnts s:IH increase the g
- t. hat include several enential e'ements But using plutonium in breeder reac-nussmg frem the DOE estimmtm the tors to generate electric 2!y is like feed. risk of nuclear prollieration by leading
-~.
cost of the plutonics fuel for the re-ing cream to a cow to get mnk. Only us into a plutonium emnomy in which tons of weapons-grade material move actor, the imputed interest to the Fed' when the price of cats or hay exceeds in international commerce each year.
the cost of producing cream would 2: This crim prospect alone should chnch
.3 eral Governmerrt for financmg. and the staff time used on the project.
make eennnmic sens, wnMr. only the case nrnimtethe Chnch" River Yet, despite the mass ve tneresses-t2 when the price of urmhim cxceeds the
}
the project's cost, the industry's dollar cost of prodnMnr plutonium would breeder reactor. But if.it does not.' eco.
g centribunon has remamed the same. breeder rennnrs make economic sense. nomics should. In a period of severe budget austerity..decitning growth Jn Consequently, instead cf sharmg 50 Today, the price of uranhrm would electnc2ty demand.and1Lbundant sup-percent of the cost, the industry now have to increase tenfold, from its cur. plies of and decreasing demand for will share less than 20 percent, should rent level of $17 per pound. for breed. uraruum. we should terminate now the the project go forward.
er reactors to become econcmicaHy Chnch River breeder reactor, once and
{
[m justihable. Yet, the proven uranium for an.
. ' '_ m ec the cc e
reserves in-this country have doubled Mr. HOLUNGS! 'Mr. 4 President. I n:
riabmty -of breeder reactor My over the-past IO years. At the.same rise in support.cf the.1Lmendment.cf 3'I should the private sectorTiot tbstinue time, theyro)ected demand for-urani.; the $enntnrs.ctroca.New finmpshire to bear its original 50-percent share of um has tirastically decreased as the and Arkansn.t.-
"I the costs' It should-if ! truly be-growth in demnnri for nuclear power 9
lieves -in tthe eommercial vlahnity-of _has AWEonsequenny_ the ado Mr. President,-I. bate long. been a breeder reactnrs!-But;.apparenDr.--h smestictranium industry has tumbled proponent of the4evelopment of'Tiu.
j clear energy in this countryJHowever, private sectorhas its doubts-Early on. into. a + severe. deprtssion : t bn t hne I-cannot, support..the.-construction.of It secured an agreement that the Fed-thrown out of work virtually halfcof the Chnch* River breeder reertnr.,De-eral Government would pay > for_all the Nation's 22.000 uranium miners-costs exceert nr the originalT.1972-esti-many in my own State +of-Colorado spite the efforts made by.the Depart.
2, mentef: Energy and Westinghouseto c
The domestic uranium industry has mate.
7'-
-U 3.0f ' m M
improve the technology, this project is 1.
Others.also have doubted:whether even tenuaded te Congress. top. not the best buy-fordhemoney..
2 breeder renetnrs,'inigenerald and the strict imports of.less expenstre forelgn Clinch River breeder reactor..in partie- "rnnium as astep toward restoring-its : Mr. President.-In a' day.and age of a
0' ular, could pass; muster tnethe free economic health. Why should we.now faent constraint sben the Members of market Our. current. Budget'.Drrector, spend billionstof dollan to develop-an this body are bears asked.to snake-dif.
David Stockman once riewe-ihed C1meh alternative to uranium' fuel,-when.the facult reductions.insbroadarray-of 2
River as **inec=pMfble with our free-projects and programs. *we =cannot domestic,urari COUADS*U ' '. '2 n industry yerges on r.fford to fund this project.'To do so 1'
market cappron.ch -10 energy ; policy
.~7 l
..The breeder cannot compete If current economics do not, jusufy will take funds away from other much.
~
with exisung nuclear technologies use of the breeder as a uranium in-cretionary spending programs. dlow needed energy projects and other dis.
2 within the timeframe contemplated by surance policy, then adoption of 1L1-can the Memben of this. body. ever h
its advocates without contiming mas-ternative technology to the breeder re-reduce Federal spending and balance sive subsidies.** Stockman ' wrote that actor win make it even mere economi-the budget 11 sacred cows exist? ~
e A
in 1977. And. -as the estimated costs cally unjustM4hle. Thek-fittable tech-Mr. President, as diffleult as this de -
have spiraled. CHnch Rrver has nology. currently under developtnent cision is,'! fcel that Ihe arguments I
become even more "in-s*tible - by the nuclear industry and the DOE c:2th free market principles, could increase by 15 percent the urani-against the construction of this proj.
ect are vahd and that the fundmg for The spiraling costs alone would not e
um efficiency of existing nuclear the Chnch Raver breeder reactor must 2
justify termtet+ne the rimeh River powerpinntt 'This technology could be terminated.*-
breeder reactor if the project reaped save ratepayers 112.7 bilhon through xe
{
countervalling economic benefits. But, the year 2000, accordmc to the GAO.
Mr. President, at this time, I would j
breeder reactars do not make econon2-In addition to 'the uranium savings ask that a list of arguments against ic sense today. And, areordmg to study that would result from back fitting e2-the Citnch Elver breeder reactor be in-cluded in the Rrcoan.-
citer enrir, they will not make eco-1 sting reactors, wetan further reduce j
nomiersenne2nzztil well intor thenext uranium consumption by up to 40rer-, There being ro objectJon. the mate-cent with a new geners. tion of uran 1-rtal was ordered to be printed in the 1
century,if ever.
J The reason is as simple as thelaw of um-efficient, advanced converter reao-REconD, as Iollows -
- 1i l
supply.and demand. Breeder reactors tors. A full-ecale effort to develop heAmmOmmw use p6uton2um-the raw matertal.of these reactors -as an alfMnatAve. to L-
.ruz hn Rrvrx Ben u
y nuclear weapons-to bod water-and breeder reactors would not on)y trg-L produce the atenm that turns the tur-nificantly extend our uranturn re-
- 1. It ts always arrued that France and the E
btnes to generate electJ1 city. Pluton). sources but also give us a htchly com-L"
dQQ um is an extremely expensne reactor petitive, prolfferstion rtsistant tech-f uel. extracted.by a.hichiv techrucal nology'vith zwhich.to capture our na h E u m u.s M be M h h process fram the spent uranMm. fuel former share 4f Ahc internationhl nu. french recenuy rewM thatne e d rods discharged from conventional *.'u-clear market.-
commest.nl sue-uw muc.h.toubed Super
~
electrr.aty from the nearldt first breeder of
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'S 1246'4
" CONGRESSIONAL RECORDrSENATE
_]SepteniBer.T9,7 '
g Phoenix-ts almost twee the cost of-elec. be used in the CRBR. -3 team generators ma.tcrity. including inappropnateness of itsh '
tricity from CCnYt tional reactors.
Ior bquld metal last breeder reactom have design as a developmental !acit!!y. Its incom..
C
- 2. There are funcamental economic ques. had a histo y of senous technical problems. paucility with President Carters anttprou. g tiens cozicerr.ang CRER. 1.ast year, the h.n11 breeder reactors in t!us country and ferauon pohcies, and its pomble contribu2.
E, S-House Science and Technology Co==1ttee. cemonstrauon breeder reactors in foreign cia shon of the LMFBR. A minortty con--tion tow E
pn=n-ily on econom2c grounds. decaded not countnes have expenenced steam generator B
tc 1*.clude the Chnch River breeder reactor Iallurea. Steam generators for the CRBR stoe*ed it necessss.ry, as a technological step 3 s
it. the DOE authertr.ation. I might also ref. have s.lso expenenced a ntunber of problems that is well short of commitment to comQ trence a letter written by David Swkmm dunng their development "
Inerchfion, but necessary if early com- ]
in September'19"7 that stated *carly com. - 2. Numerous arucles have -surfaced the merrinunnon turned out to be desirable.*'- 43 o
mencahzat:en cf the breeder will result in *1echnical" flaws of the CRBR. A Reader's t I would hie to quote ! rom a telegram
la*ge econemic losses to society in addition Digest arucie described CRBR as
- Senator that Dr. Edward TeDer sent to Congress.'.
t to a lengthy hst of non. monetary risas in Baker's " Costly Technoiorical Turker'"; the unman Schneider af ter the successfully de. -
the saf ety, enrtronmental and laternational N.Y. Times refers to the project as a ** costly, icated the authoruation of the CRBR ini relaucus prohferauen areas. Therefore,.no ili<cnceived technological turkey"; and the the-House Science and Tunnnlogy Commit. J further subsidar.ation cf the Clinch River Wa.ll Street' Journal calls it a white-ele. -teelq1981: -
-? !
' pro)ect an integral step in the-early com. phant recognized as uneconomic even by ' *I antinue to urge congressional support.',,
merW =fion program, can be justified."
the nuclear industry.**
and encouragement of the American nucle. 4
- 3. An important element in the decas2on to
- 3. A broad array of Congressional and acl-ar power program, as it matinues its devel. f
' build or not to build CRBR rests on the entific cr: tam arrue that CRBR is rapidly opment into one of the most scre, safe. M demand for elec.ric:ty and the availability becoming technically obsolete. Besides the and economical portnons of e.aonal energy ;
of ursnlum resou.rces. Piie there is cormd. problem w!Lb the steam generators. the use sup;:1y. However. Chnch ".er as techmcahy }
crable debate as to future U.S. electncal of bcuid sodium to cool the Teactor's core obsoiencent..and ita nali scale.and large 4
- d**
there is a surplus of uranium.ln has created widauonal problems bemuse cost make it thoroughly.tnconsastent suh 'J.T additaan if uranium'were to becnme scarce. sodlum burns then it mixes-with air. So-badly needed economy in sovermnent."
.5 i
u*ilities would opt to use reprocessed spent phisticated - techniques are - required. to Mr. President, based on the sigu.
'I fuel before go.ng to the breeder technology remove and replace fuels without openmg because of the more f avorable emnomics of the reactor up.
ments that cIist. I have no choice.bst a the once-through hght water reactor cycle.
C Constueuon cf the CRBR would lock to oppost the construction of this pro-E
- 4. Current DOE data ahow sufhcient nata. the U.S. into the LMFBR before we have ject. Hosever.-I would be remiss H I ral uranium to fue.1 the hght water reactor thoroughly researched other possible breed...dId,not SEF the cost es*dmate for this industry sell past the year 2020 and that er technologies To quote Dr. Schles:nrer, project f.hould also include the cost of the breeder may not be economical until the
- comzneresuon of the LMFBR the Barnwell facility. Since it is clear after the year c25.
should be deferred and the construction of.in my.Inind that the.& ole reason this - ~
. 4. The President's - Report ~ of Federal the.n tneh River-breeder cancelled..The adminktration wants to.
.I:nergy R&D Pnortues issued 2n November Chnch River Breeder Reactor emnnnt be jus-1981 by the Energy Research Advisory tified solely as a R&D pro)ect<To proceed.Barnwell is to provide 2.be fuel for the J
Board concluded that "the construcuon of a now requires being f airly contdent this type Clinch River breeder *
. breederteactor demonstration at this time of breeder is reing to be used as the11 ext m.DCE arvK DsaFE aND tMWIaE nis:not 'an urgent priority and thus, tmder.large source of energy and that*11 w!Il be NMr. MD.n u.TWMr.~Presidentrl - '
p_.
' W.ccrrent tudset 'constrainta 7ecommended.needed in the early 1990's. There sre'now 'Tise to support a long overdue and es-I lhat such a demonstrauon be delayed until escrious doubts that thaa manutols appropr1-f 3. b nfuturet2me* ~ ".--,.... rU ste N
+'. ~ e
~+ c sential Tnessure to eitminate f unds for
]'
. j f.
. - 6; On September *3.1982. the OAO lssued
~5. Crtucs also -arrue that the haste.to -the - Clinch River < breeder reactor Y_-=--ran Anterim report on the total cost esumat..buDd.ibe CRBR.and to quicaly-secure 4 (CRBRW~ ~- "m - ^
-r
~
7 aol the CRBR. The GAO revised the Depart-technology that.may be needed. in -the
,In thellate^1960's' a"nd early 197'0's,.. j
+
i.~
-ment of Energy September 1982,<rtmar, of future is premature and wasteful..It also When plans-for the CRER project e
ii.
c43.6 bEon to 38.8 b!1 hon."The mat, reasons -would divert an,nuon and resources from. were.first conceived, atreeder reactor,,;
p.-
Wr this dramaue tneresse,rere that DOE safer, more emnomical siternauves-other offered a special appealzbecause-it f' 3* No not include the mst of imputed interest.
~
tmdereat-d.the cost of plutonium snd forms of energy or fust better nuclear strat-would have the capacity:to $roduce j
eries. &
.~~ -
-~6.O
' Whereas the latertempnnent#usually is not
- 6. It is often stated in ed:torials in support -fuel while generating-electricity; each 1!
i;..
7 y:C normant associated-with e -mmatm R of the CRBR that the GAO and the Natan-successive breeder would-be able -to 1
' coes renect the true cost of 2.be pro.e. 2n..al Academy of 6etences Support 4he mm
, ggg i
- Z ciudmg the cost of Treasury borrowing.
strueuon of tne Breeder...-and that is
~ ' " " - -
Wi~. River seemed even more sp-
- The report alt.o noted that moditional ex. true. However, to support the breeder is not Clinch g
penses above the 58.8 billion level will be in-to support the CRBR. I.et me quote. there. pealing due to ! cars that the price of i
cured for decommeoning, technical sup-fore, from the GAO and the Nauonal Acad. uranium-the iuel'of nuclear Teac.
. port and testing and construction-mntin. emy of Sciences reports 4.
torTr-would skyrocket in the 1980's; gencies...h
. ~
-w - w:
(OAO Report of Sept.22/19803 that electricity demand would contin-
- 7. Through fiscal year 1981. 31.148 b!Ihon has been expended for the CRBR. The ma-
"If Congress wtsbes to mm.tntain a nuclear ue to grow rapidly'throughThe last f,
opuon or if it wisbes to commit to nuclear quarter-o!~1his century; and.that nu.
nea p
of a p wer as a.. e-term energy a urre. GAO clear power would account for 2nuch of nuclear steam supply system. Only recently recomment s tha.
- tequire DOE to cemon-i that electricity growth'er in 1971 proIn-was a site <.leanns perm!t granted and to strate the riability c. me 1.MTBR technol.
In essence the breed og'y by mda*m the A-*mcuon of a date no mnstrucuon has been commenced-
.If the CRER is not termtnat*d at this point breeder rtactor f acility. However.
motn, ised an inexhaustible source of energy
-you will be-beyond the point of no return' this recommendation. GAO wants to em. as our Nation headed into decades of and will find the same arguments existing pham, that it is not nemmarily advocating electricity growth and energy insecu.
fit the CRBR as the Tennessee Tombigbee the compleuon of the Chnch River project rity.
as the only means of moving the program l
8 19'73 the CRBR was estimated to i rward. IM nly rem ludon -to the im-
. Today,-that promise has faded: the economic assumptions which gave rise cost 84 2 mE!!1on: in 1976. 8699 mEon: in (
to Clinch River in the early 1970's are to end 3 a air 1981,13.3 b2cn. In September of 1982, the y
DOE cost esumate is 53.6 billion and the the Clinch River pro)cet conkay 2 W economic reaWes M GAO cost estimat, is $8.8 bEott However.
Nauonal Academy of Sdences Energy in 1901 the level of utility participation. despite the Transtuon 1985-2000 " Development of the Dectricity demand has not increased
..ever inerenztrur cost of the CRBR remains LMPBR should continue but without-tm. as. projected. The.. annual electric at $237 million-the same level as in 1973! If mediate mmmitment to constren of pro-growth rate of 7 percent between 1960 i
the economics supported the CRBR. so totype reactors. Trie Committee on Nuclear and 1973 has steadily decreased to a tNuld the ut111tles..
and Alternaute Energy Systems was divided current annual rate of 3 percent. "
J on the tasue of whetber to recommend the TIODrIcaL ARCtrMrs mnstruCuon of the Clinch River breeder re-Instead of steadily. rising-in prtce 3
L In May 1982, the GAO assued a report actor as part of this development program. and -becoming more-scarce. uranium that was crtucal of the Department of Ener.... A majority of the committee mnsidered has-decreased.in price and become
-1 gy's failure to mnduct complete and thor. the Citnch River Breeder undesirable ortm- ~more abundant with the discovery of
' ;j ough testa of the steam generator <1esign to neceaanry for reasons that varied within the new ' reserves.in the United States,
~
y23 m.;.a..: :
a l
l w,
A
.?i.
', _. ~ -
3 J
- Sepfeniber SS,1S82
.v - \\
a CONGRESSIONAL RECORD :iSENATE.-
S 12465 -
Candda and Australia.Whil2 uranium
~ technology 3romises to should face up to th*.t fact right now.
Breeder 7
prices hive dropped from tbout 540 to hasten all the concomitant problems and eliminate for good the -flow cf
$20 per pound. numerous studies esti. associated with the development of a funds to this project.
i-1 3
mate that a breeder reactor would not plutonium economy-of large quanti.
l i
be economical until the price of urani. ties of plutonium be'ng transported, Mr. EAGIrrON. Mr. President. I
(
um reaches $165 per pound.
processed, and stored.
rise in supported of the amendment 3
And nuclear power has not contrib.
As The New York Tunes has stated. being offered today by Senator Bme-3 uted to electricity growth as predicted.
No effecuve international contml of sepa. Ens to delete fundmg for the Citneh-
?
The Energy Information Administra. rated plutonium seems pos.sfble. The use of River breeder reactor.
F-tion now predicts that nuclear poser plutontum as reactor fuel would widely dis.
Mr. President, many of those pres.
will contribute 145 to 185 gigawatts of tribute the substance employed as a nuclear ent today supported the Clinch River -,
explosive-and which could be made into project when it was first funded 10 I a fe h urs by mernments or 5
ent of the o 1 J t te risA years ago. Under the circumstances at i
1200 agawatts.
the time, the project made sense. We g
Clearly, these figures indicate that Furthermore, our development of a perceived a need for a nuclear. reactor 4
the economic basis for Clinch River breeder reactor can only, serve to-en. that could make efficient use of urani.
has virtually disappeared.
courage other nations to start their um which we thought would be in own breeder programs Where we While the promise of Clinch River scarce and expensive supply before the might provide adequate safeguards has iaded. its cost has not.
against the abuse of the breeder in turn of the century.'The breeder.reac.
,ln 1971. the Atomic Energy Commh. ttus country, we nught not be able to tor was an attractive answer to that sion and a -consortium of utilities feel-such assurance when other na. need. It was to be completed in 1979 at agreed to become partners in the tions build -their own breeders for a cost of $700 million and would not Clinch River project.~The original esti-their own purposes. -
only use uranium more efficiently, but it would also produce or " breed" more mate for CRBR then was 5400 million.
Far from securing our long term fuelihan it used.
The estimate rose to $700 million ln energy needs and fulfilling the prom.
_c 1972. Deven vears later, the new De-1se of endless energy. Clinch River For Mter or for wmeMe has not partment of Energy estimate for the would promise to have the immediate been good to the project's develop.
project is $3.57 billion. The cost of effect of providmg us with lasting pro. ment or to the premises on which the Clinch River has increased seven-fold. lif eration risks.
project's proposal was based. It has even though ground was just broken As a member of the Senate Subcom. been with growing memy and later
[
r.t the site last-week. -- s
- ~~
mittee on Nuclear Regulation.,I have disgust that Clinch Rivers early sup.
1 One easily wonders'how' rapidly the, been. extremely - concerned and 'in.
porters have watchedthe completion _
T overruns will accrue Elf-construction volved with.jssues of nuclear-safety. date and cost estimate lurch.from one '
begins in earnest. That-Question was"I'he arguments over CRBR have tradi. revision to another...
f tecently answered -by.a General Ac. tionally centered on breeder technol.
.The C1!nch. River facility.is now ca~ -
d' counting Office report which conclud. ogy.' breeder economics. And nuclear pected e.to.being.
- demo =% tin "?
ed that the Clinch River breeder reac. proliferation Tisks.,But there is a sig. breeder technology. in the.early -
j tor could -cost.88.8: billion.wre:than nificant-safety. issue-to Citneh River 199Vs-11 years lac.The. **=
7 twice the current ar*wnutration esti. which also must be included in the ar. completion cost. armrding to the Gen."
.3
' mate.;
-e-e----.=r :.r:.-S _
guments.against the project..hke, for eral. Accounting Office..is estimated 4o
.ll
-The-cost-overruns:also provide-evi. eaample, this assessment from an arti. ~ be.48.8 ;.-b!111on-48.1;. b!Ilion_ -.over
~ '!
dence of why the private sector chose ele in the: summer.1982 Amicus Jour. budget.g, 2
r.
to sharply limit its tontribution to the nal ~ m Ayk :,%.21 A.s_c
- Putting. aside : these glaring -44sti. -
! I CRBR project.-After-eshhhhW :a Thile -t.be present.reneration of nuclear ments to.how any enterprise-ought, partnership with the.AECin.1971, the power planta As. plagued uttb. unresolved not to be Tun. let us analyze.the. initial consoftlum 4f. Utilities harked.down safety problems. breeders are potentiaur grounds for proposing.t.he Concept f a.
from its iull commitment a year later.. more herous. With a usht1r.pacho plu. breeder reactor, m 4.w. ~ - a w. -
In 1971 the Federal Government as- $QE*"d
. As I previously stated.Mr. President
')
,g' su.ned all cost overrunsxith militT r
g contributions frozen st3257 million-acetdent at a treeder reactor aughtvesult in the beauty of the breeder reactor is its an-atomie-explosion. In addjuon. breeders efficient use of uranium and its ability g
To date. the consortium of utilities are cooled not by water tnstead by highly to produce more nuclear fuel.than it G
have committed only about $122 mil. volatile andaum. Recently in France. the E
lion. Of the total DOE cost estimate of Pnenix demonstrauon breeder reactor = consumes. In the early 1970'sc energy M
$3.57 b!Ilion. American taxpayers will fous to shut down due to modium Inkare, gurus predicted a severe abortage.and price escalation of uranium based-on N
bear over PO percent of the cost. The Q ""
"[jb three assumptions: First. The U.S.
3 private sector w(11 pay only 7.2 percent of the projected totalcost. :
ers in 1be 17nited States, the IBR-1 in would experience a 7 percent electrical I
What the private sector has deemed Idaho and Fermi-1 near Detroit expert. demand annual growth rate; Second.
enced partial f uel meltdowns and have since over 1.000 new nuclear plants would 4
too costly, unprofitable, and not been shut down.
kenerate the additional electricity by g
c orthy of further investment. the Finally, Chnch River must be viewed the turn of the century tthereby de.
i Federal Government hastontinued to in -comparison with other competing pleting our uranium -reserves); and P
subsidize. The private sector's actions national priorities. In a time of fiscal Third, reserves of uranium in the U.S.
d in regard to CRBR clearly indicate restraint, pouring money into an un. would total 1.7 million-enough to fuel that Federal support for CRBR' is necessary. unsafe 88.8 billion project 340 reactors. -
i poor public polley; that it runs counter represents a tnisuse of the taxpayers' All three assumptions have turned to the free tnarket; and it makes no economic sense.
~~f g.t;* - ^^
dollars. Our tiecessary national com. out to be false: First;.U.S. electrical mitments are-many; each presses its demand growth has. in fact. slowed to But C11nch River.is not merely an own security, ermronmental. human. 3 percent per year recently and has sc.
economic or energy-issue. The project economic or social needs. But Clinch tually declined 1.9 percent in 1982.
would also seriously increase nuclear River. continues to receive a substan. Projections are for 2 percent annual proliferation risks. Breeder technology t.lal share of Federal. energy funds. growth in the.1uture;'Second, accord.
provides an easy means-of-acouiring Continued Federal support for this ingly. 60 U.S. nuclear plant proposals Dlutonium. the stuff of nuclear bombs. project only prohibits our turning have been cancelled ainee 1975 and i
Only 12 pounds of plutonium are re-more of our attentha and resources POE expects no more than 165 operat-quired to manufacture. an atomic toward more urgent tasks.
icg reactors by the year 2000;*and bomb of the size that destroyed Naga- - Clinch River is far too costly. obso-Third, currently. there is a glut of ura.
aaki.
-. -.' e lete. unnecessary and imate. We njum on the market and estimates of
~
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?-
~
- K.
q
~
.S.12466
-a c -p
-CONGRESSIONA.LRECORD ' SENATE -
- -September f9,719.
q.
uranium reserves h"Ne m;re than dou.
m bled sinc 21974.
I urge my coUeagues to vote for Sen-Thts technology has promise and sN ator EntrrR's amendultnt and agamst should continue our n a o programma,e rc
(
In the early 1970's, we assumed that continued f undmg - for the Chnch future high uranium pnces would River breeder reactor.
Bowever. I bebeve the time has coniet y
er make electncity generated by expen.
Mr. DECONCNI. Mr. President, this Lo simply stop the CRBR project anM h
site breeder reactors more economical is the time to make a tough but reahs-smccrely dernonstrate to the Amencanb' g than elecincity generated by current tic decision regardmg the Clinch River people that se are serious in our ci-tc' light water reactors. This assumption, breeder reactor project in Tennessee.
forts to end the waste of public fundsT v
of course is no longer valid. Uranium I
, Mr. RIEGII. Mr. President.1 xiseE is and win be pientiful and the price of tee origmally supported the commit' in support cf the Bu=pers-Eumphrey r
s fundmg of the Cunch Juver the fuel has dechned 59 percent smee breeder reactor in earlier years. The amendment to ternunate all Federale C
1970 The breeder reactor will not be promise of an electne power plant de. f undmg for the Clinch River breeder 72 r
economical for a long time to come.
s:gned to produce more nuclear -fuel reactor. This multiblilion-douar exA e7
.In the words of Frank: Von H:pptG. than it consumes. In+ng to unitmtted t-dmpam* doUns is one$
C senior research physicist at Princeton f uture energy supplies as a worthy.one. the Nation can 13 afford atthis time;e.:q d.
University and chairman of the Feder. That promise justified in my mind the In the face of staggering budget defi-4 r
a:
ation of Amencan Scientists-
!Dvestment of public moneys for a re, cits when we are told by the ar*mtmy At foreseeable ura.n!um pnees.the breeder search and developmentTroject..
tration that "we Cannot afford food g cannot ecmpete economicant mth ontnary However, we must base our decisions stamps, remedial educauon. aid t power plants.
.it may be a century belore on avanable iniormation and continu. cities, and poruons of the civihan.1 C
the once cf uramum can be expected to s
reach tne level snat would make trrecoer re-ous reassessment.cf the costs. risks. space program, how can we.be saked,.Q t
and potential benefits. With the limit, ~ to spend -from $2.3 to-$7.5 bullon to G f
g
~
actors economai.
ed funds we have to work with, we complete a nuclear facility which will i M.r. von Hippel has joined a growing have to decide what is prsctical.and not be meful for another 30 years?.;
7 body of concerned - scient2sts.-labcr what is not; The basic assumptsons which served to y
tmlons. environmentalists, religious ' I recommended to the committee justify this project in the early seven. }y bodies. business-oriented and consum-last year that it eitmtmte the request, ties are no longer valid. Parst, urantum cr-onented interest. groups that view ed $228 m20n budgeted for the - resources are not.being depleted, in 4
the C2nch River project as a flagrant Clinch River project and designate less fact, uranium is the only energy re-Violation of the trust that tarpayers than half of that sum, approrrmately source which has decreased in.pnce have placed in Government.to spend
$111 m2on to solar and renewable re. Since.the.1975 oil
-tax dollars in a prudent and beneftcial Ja sources programs. Unfortunately that abundant supphes.-Second.-thefuture minner.
...d; ZT
^ ~' ~ ~ did not happen. The transierof Clinch demand for electacity from nuclear
_.. Jt is fronic if not hypocritical that lhe Repubucan ahimt. ion, which River funds to solar programs ts stHLa sourcx:s are currenuy projected to be good idea..and I hope we win consider.Meast.20.11rnes Jess ihan -estimatn g
Cy has-focused mn -term +"*"w or:rrip.. that possibility b our-fiscal 7 ear:3983 used inJusWing theN her fa. q
-! c --pling Governmentprograms'thefper
- bill.
y
-~^'
L Cility, nw.
ceive as wasteful or uselesstnow hhnd-Mr. President. as my colleagues con-A.s a former coueague of mine.from @4 m
..e-e u.c t
-!ly41sregards this 38.8 bH11on travesty sider -the. arguments made. both in Michigan wro'eln 1977: a.._.- ;
2 t'i. -~~.4M.-President lI suggest-that in place *the projectfI would'have them take sbeing forsted d
.j
-V E!'.giving;.in effect; a blank. check to e.
good hard look at the one smgle over. market before its ume. Dunns the 'nert 5
j - J ; uthe breeder reactorin Tennessee. the riding dactor.that :has whanred;-my 3enstmst alternauve Jor se three11ecades abe'breederwill oot belhe d
' ~,.Eenate consider reW"ne past fund-
_1
-ingJevels for the many fine programs mind-cost. Last year the project costs ttr. yet -u, sin be the.one steen the over-4 were estimated at more than43.2 bII.
- hd*1"' 4xxnpetiuve.aava ntane by-virtue 1%:-. - ~-lhe: rtministration.has cut. We-could -Son-a 450 percent. increase'from th g
--start'.by -ehm*="ng the: mAministra-ongtnal 8669 million. This Tearwe
'ht on b CL s a
tion's 1982 cuts of -11.Si-binion -for f do7tanr hear $5.3 billion, and the ground has.trretrievable kss ta toemrsy.' -
a-
- medicare.12 niMin, an Govern ner.t stna not been broken. -
unemployment programs /8600 million The quesuon is not on the breeder. Now OMB. Dlrector.Sto"ckman -
in student, aid. 31.1 billion - in low technology but on the economics and speaking for the, m>+minirtratMn,
. income energy ***e. 41.6 bhon pinnntnr of.this parucular. project. 8 2185
. in the food stamp program, and $256 The issue is.not only 3180 milbon last
..;_.- c.
w e
_:The Cunch Tuver Dreeder Reactorsbould mnlion.in weathert::ation t. funds. We year, but $237 million in 1983. Ilun. be anstructed and eperated-pot as a corn-could do all of this and sull not come dreds of millions-of dollars in 1984 mermnnu close to'the $9 bElion.that will be hundreds of millions of dollars in 1985 p wer sencrator-but rather.aa the logical s acunty or as an emnomical spent on the Clinch River.10117 hundreds of mHUons of dollars in ID86 "*" **"M" D"d" "***'CD ""d d'* "
Pmally, Mr. President. I would like to potnt out that this debate is not a and so on. and so forth. We all know "
debate about the nuclear industry, per further increases in these estimates Very little has changed in the facih.
-se. nor will the vote be a referendum are inevitable. Next year it wn! be 39 ty's design durmg the 5 years between bilhon. Also, even if this 375 megawatt these statements except that the price on the merits of nuclear power. Indi-project is completed by 1990 (again, of the'faclhty has risen and the price viduals from both sides of the nuclear f
Issue have joined forces to put an end construction has not yet started) there of uranium has dropped. The mAmints.
to what has been a very expensive in-wul still be a demand for a.1.000 tration further states that the Gov-s megawatt demonstrat.lon plant. as the ernment should provide this. vital re-sfm>ve of pcrt barrel pohtacs...
?.It.isllme to drop this " technological..next stage of.oevelopment.This.=DI. search and development to the capital.
]
take another decade, and artatniv bij. poor utllity industry.~2 strongly urge
'- ' turkey" and get on the serious busi-lions more with no guarantee of pri. Senators to exercise fiscal respons!buj.
Dess of strengthening the U.S. energy rate sector support.
ty on the Cunch. Elver project and base through the promotion of alter.
Mr. President. Ior a sman fracuan of delete Jt from the Federal budget
' native energy systems, energy conser-this cost sad with.much greater pri-
. _. :vation and by ahoring.up our current rate investment sie can 11rmly eMab-e Mr. DODD.Jdr. President '.2t is rare coal and nuclear industries.~.
that I have the chance to quote from a We have already wasted $1.2 bluion 11sh a solar and renewable energy in-Ileritage Foundauon report in support on.rmnch River;.3 see,no reason to dustry in this country. We can attain. of my posiuon.13ut on the issue of the squander another.-37.8 hillinn. The with a fracuan of these costs, renew-Chnch IUverbreeder remetnr..the IIeri-1
. project-will only.become.more waste-able resources sufficient to meet the 1 tage 1%nnrintinnjs right **The Chnch 1
to 3 percent growth in electrietty
- f ul and obsolete.,,Q.
demand through the 1980's and 1990's. River breeder reactor may be the SST of the.1980's?'g w. A
--,..;. - x.i..;.
- r.. :
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ScpfenberES,JSSy -
" CON 6RiSSIO' fl.MEC6RI@'SENXTE _.
W N467 Congress at least had the sense cre not littly to be deployed in et least a.iected benefits clahned by propontnts.
CSM never to get involved withfundmc the half century. Why. t. hem the sense of urgen-Imtially conceived as a $400 milhon M 3 SST Unfertunately. smee the 1970's ey to provide teocral money to subudue a N
ue have continued to meddlewith the plant that sh uld be paid for by prnaw in-project with pnvate-sector cost shar.
.nd ing, the cost has risen to an astound.
k'LD M f ate of the Clinch River breeder reac. Yt3%"[try. the ar'mmktration fmally ing $8.8 bilbon. accordmg to the latest 3
dy tor-and have continued this project's b
I-t Inelihood long af ter it should have got the Nuclear Regulatory Commission to GAO report. Even this does not in.
agree to permit a speedup of construction clude the cost for facihtles that will be tse Q ground to a halt.
f or the plant The NRC has said the Energy nee ded for reprocessing wastes and "y
1, The Clmch River breeder reactor Depa-tment could bypass normal heensms does not anticipate future delays and b
f.;
was authorired in 1970 in the hopes of recmrements and berm uuual construeuon cost producing an inexhaustible nuclear at Oak Ridge almost t= mediate!L overruns. Meanwhile, industry's -
G energy source. Unlike conventional nu.
Co commit nent to share the costs has whc; been irozen at 1:57 milbon. This
.ts d
clear reactors, breeder reactors pro-h.e mt duce Iuel while generatmg electicity !cr the project in fisca: 1983. should not be makes it very clear that the private g
- g...q so hasty to suppo-t the breeder.
sector sees little value in the project.
.w and were bebered to be this country's
,11 it were bunt, the plant would open up a While this ari Mnit*.rstion is leaving so
- 3. $
best hope for producmg economical.
3, hole newrange of problems that President many other technologies. like solar.
g d clean energy.
T Carter tned to forestal: with his opposition-yE But more thaa a decade.later. -the Among them are the increamed threat of ter. conservation. and fossil fuels to the b-E Citnch River breeder reactor has yet rensm a.nd the possible teersion of the pnvate sector. It is inconsistent to con-
'd -
4 to produce anything but mounting plant s radaoacttre plutonium product to re. tinue enormous Tederal support fo*
Clinch River 6
'A cost overruns. Congress has already I'$
p}Euc ear su y
,j poured close to $1.2 bilhon into the
,, e oppo ty to nip Chnch River raises other conce:ns y
,4 project-yet Clinch Jtivers. ground-potential nuclearnroblems in the bud.-whDe more senous Thnn merely the cost'to sn:ppmg some tensNeuous fatfrom the fed-the Federal Government. Clinch River b :l breaking occurred only last week.
eral budret. It should vote no on fundmg a
Meanwhile. costs for the reactor have for C1mch River.e will generate large amounts of plutoni.
4 3
soared from the originally estimated um which can be used in nuclear weap.
g j
$699 million to $3.57 billion. The Gov-Mr. SPECTER. Mr. President, af ter ons. The commitment to a pultonium it ernment's share of the liability has in-studying this matter at length, it is my economy represented by Clinch River creased to 53.3 billion.-eight times the judgment that the Chnch River breed. would lead us to a global situation j
ongmal estimate. Wont of all. in 1975 er project should not be halted after There it will be near..r impossible to 3
the U.S. Government agreed to pick the Federal Government has already slow the proliferation of nuclear weap-up all cost overruns.for the project-invested 31.3 bullon. At this juncture.
ons. -
While limiting utilities *.contributionL ~ 70 percent of the components are com.
In addition, th
- f As costs for the Cunch River breeder-pleted 'or are on order. It we were to uM"Mnr a
- loop,e Clinch River design type of reactor vesal J
reactor have escalated arguments for start anew, my conclusion might well 0'l ci da% heign experience, I3
- l Its.usefulness. have NM*cd.JThe be different-..
~,
. often held _up !by proponents.as a originally predicted shortage.of21ucle
. As Lsee.it, there is nodoubt about reason for us to push ahead if.we want J
3) ar iuel has never materiahzed. In fact. the absolute necessity -towievelop k be compeme._han experienced,_
,j no new reactors,have beenverdered < energy. resources in as many-diverse huge cost ove rtms, extensive. delays. -
q since,1978-and contracts'for othen and technical dEculties lhe dast ways.as practicable. We have already
.M havesbeen 41eferred or cut.The-coun -learned.a. bitter Jesson on7ehance en - I#'
- breeder would, appear _ the SS
'y try'sielecticitymse appears 20 mow be - OPEC cil. While I recognize'the
'1'
- ~-^-r T.
P on the downswing. The Department of weight of the arguments on thecother. Even many of those who are enthu.
7e Energy's own research board last year side. I.am persuaded that this project siastle about nuclear power and-breed.
i recommended deferring construction c;
of Chneh Juver. because of lack -of represents the state-of.the. art on an ers have withdrawn their support of,
important energy. alternative. so.that Clinch River. They see safety.and rell-
~;
demand-for the project; the Congres-our subs *antial investment should not abuity ~ improvements.to the-light sional. Budget-Office concluded that now be abandoned.
water reactor-and-continued research the future need for breeder reacton af appear at tut to be unclear.
~'
Mr. TSONGAS. Mr. President, the on alternate breeder cycles to be-far
.M Mr. President. I would urge my col. Senate once again imds itself censider, more advantageous...*~
,7 leagues to vote no against continued ing the Cunch River breeder reactor To sumartre. the - case against J
fundmg for the Clinch River breeder project. Unlike many other projects. Chnch River, we do not need it, it is the case against the CRBR gets not economical.-we cannot afford it.
O, reactor. I would also like to submit ior stronger with time. Each time.the and it presents serious prohferation reproduction in the Rrconn the iollow-Congress debates this matter each risks. I believe that Chnch ' River will ing editortal irom Connecticut's Hart-d.n ford Courant. I beheve thisseditonal time the media goes over the f acts. the never be completed. Eventually, the political support for this project weak. President and Congress vill recognize q
cogently outlines arguments against. ens.The iacts are simple; 2
continuing funding for the Clinch it as a technological turkey. The ques.
The rationale for Chnch River has tion before us today is whether we 4
River breeder reactor.
J The article fouows:
completely vanished. The annual waste any more money on it before we growth in demand for electricity has can it quits on a $8.8 bullon boondog.
9rr (Prom the Hartiord. (Conn.) Courant. Aus.
dropped from 7 to 1 percent per year, gle.
M 18.19821 New orden for nuclear reactors have Mr. IIUMPHREY. Mr. President, I '
y No Nern rom Taz Baznta" ceased and many reactors under con. ask ior the yeas and nays. -
0 No target for federal budret cuttins could struction have been canceled.~
The PRESIDING OFFICERJ Is
[
be more obvious than the Chnch itiver The supply of uranium.has in-there a sufficient second? -
b er.
tAie aboutk3.2 creased and the price of. uranium-has
.The 7eas and nEyswere UrdeEd' *
~~
l tilbon to bund. As already mnsiderd a white dropped. There,is also increasing evi-nephant by some nuclear experta. It would dence that light water reactors can be Mr. MGM hw me N~m l
create a slew of new satetr prob 6 ems. and no made more efficient in their use of gg' g y"g*g*'4 mains?
' ~-'
compe111 s came has been made that its a uranium. stretching uranium re-necessity.
sources even'further. Because of these minutes twenty acconds.. 7 In fact. the General Accountinz Offnee developments, the breeder will not be Mr. McCLURE. I yield to the Sena.
Last month issued a report that sajo the pri.
Enty given the project by the e needed for 40 to 50 years, and prob-tor from Tennessee..
uon " might be maplamd, especaally at a time ably will not be economical even Mr. SASSER. I thank the Senator
. lonIer 1.han that-for yielding. -
Js--W.
of extreme fiscaJ constraint.
Cnmmercial breeders, which would pro-
- .The costs of CRER have risen nut.
Mr. McCLURE.cWill'.1he JSenator (uce more nucJear fuel than they consume of. sight and are way beyond any pro. f rom Oregon iteld tJme? -
-'lk-D g
6
,4 e
w 2: -
~
S 1246S
-CONGRESSIONAL RECORD-SENATE _.
Septem1crfB,195d_g Sy J '*
ntr. HATFIELD.'I yie.1d'1 ninute to tors as impute [!' interest. offsets, con.
The PRESIDING OFFICER. tun thiSerttor.
tingencies, and plutonium costs. These Mr. SA W~R. Mr. President. I rise in factors represent cost estimates not 3,e mutes, etcht seconds.
opposition to the Bumpers-Humphrey normally included in Federal projects.
Mr. HATPIELD. I am happy to yield 1 amendment to the-continuing appro-The inclusion of the inputed interest I mmute to the Senator from Idaho. ? ^*^
Mr. McCLURE. I thank the Senator 7. $e.
pr:ations resolution. ILR. 599.
estimate alone attributes an excess of 13 bilhon being added to the total cost for yield:ng. I just want to underscore i This amendment would eliminate we fund =g for a demonstration project of the Chnch River project.
one thing that people ought to keep in 3 ce mind. That is the benefit of the Clinch Q h that is already one-third of the way But the $$ bilhon cost overrun cited River breeder as measured today M r>>M completed. This amendment would, in in the G AO report is wholly taconsist, ought to be in terms of the differen essence, waste the nearly $1.3 billion W
already invested in the Clinch River ent with us statement which "found between the completed cost and thei cost to cancel. There are components. t. $
breeder reactor project. The Clinch no reason to questien the acct. racy of many of the costs included in the on order, not -just the money which "
w River breeder reactor is a necessary Clmch River breeder reactor project's has already been spent, mot just the m
and vital trst step in insurmg our Na- -total cost estimate." The effect of the.moneyshich would be tion's future energy independence. I. addition of these other extraneous f ac.
spect to all of the reactor vessels, all am opposed to this amendment to the continuing resolution. And I strongly tors in the GAO report grossly distorts the components, the sodium pumps. ";
m<
the more accurate cost estimate of and all the rest that are.already on ~ 9-urge my colleagues to join me and con- $3.2 billion for completion of the. hand. But what would it cost us to' f
tmue fundmg for this utal energy Chnch River breeder reactor project.
cancel the program by canceling the y 4) project.
Mr. President, the Clinch River contracts that are alreadyln being and -
. 31r. President, this amendment has breeder reactor project is not a com. pay off the contractors that already to j
.no place in our present consideration t am mercial project. It is a demonstration have contractu.al obligations with the j q
nof the continuing resolution. The research and development project. United States Yor -the furnishing of -
mn
~ Clinch River breeder reactor project is Given the opportunity, the completJon equipment, supplies, and i *;'
an important national energy project. of the Clinch River breeder reactor Compare that cost 1o the value of but o:.ly one of manv projectslnclud-ed in the continuing resolut. ion. To could demonstrate for once and for an completing it. That cost gap is very.
' ag:
the technical performance. reahabl. Very mmn11 b
debate the continued funding of the lity. 'and economic feasibility of a 11 people will focus on that -for a Ch Chnch River project within the con-i 1
liquid metal fast breeder reactor for Reahy, there would be no argu moment there would be no debate.
text of this continuing resolution is an qui 4
meeting iuture - energy demand. ' It GP nate current investment.in the Citnt himfnir atte=pt to single out and elimi-vould also help confirm the value of e
Basically, what _the Senator from - %j tbI
' Y'l ; 7tiver breeder reactor project - ~ ~ ~
conserving -our Amportant renewable Lomttann has said is ewtly correettIt ' i
)
~ 'The estimated costs of completing natural reserves of coal and uranium.
is a question of whether or not the We must not now abandon -our Unhed States wants to main with gj I d/ ~ --ect-is-$3.2 tillion.'Nearly-$1'3 billionthe C11nch River breeder reactor proj. decade-long effort to gain --energ I
ad independence. Unless we take' positive chas.r TJ m N#abv
.y y
' MN Jhas already been investedW this proj-steps now to assure our ' Nation's Mr. IIATFIELD. lir.: President, d - q, y
5.-! Lect. Abandoning our efforts on-the energy future. foreign oil and ever-de Tield back the remainderof mytime. -
--Clinch River Troject mow would, in pleting naturh1 resources wfD - cast.a
.P G O N ER J q
i ? i..
W.d - cffect. waste the tremendous amount longandEloomyshadow over ourEa ym as beedeldedMh ques;
~*TJ have been invested in the vroject. -. 'Chnmnit resources.and-funds that tion's future energy policies ~ ~
n is onwing hh_mnendment,
p r
To abandon the Clinch River breed 4 the hter hEew Hampshire.
M ~-
1%[.0W'Mr." President. I-urge 2ny colleagues dot to turn their backs on the Clinch er reactor project now would be crip-The yeas and nays have been ordered. -
g, River project. To accept this amend-pling blow -to the U.S. breeder Tro *"
a gram.-It would destroy the value.of esisla ve le ca d
I g lynent to elfmMate' funding would put our present technological investment. _the roll + --
~A.: Man end to the tfforts of more than 1t.would demoralize and reduce the. Mr -CRANSTON;5,$nrion~ lice.that--
O
--Av l ^
3.200 people over a 30-State region and the Senator from : Montana - (Mr
- the Distnet -of wlun.bka who ha5e technical manpower teams presently pursuing breeder - development. "It BAucus). the Senator from Mamchu-I
- g vorked long and hard on the design. would signal to the world that the setts (Mr. Krper), and the Senator i
fabncation, and testmg of the Clinch United States no longer is committed from Hawaii (Mr. MATsUN AGA) are nec..
h River creeder reactor project.
.This amendmentwould write off the to maintaining its role as a serious g. absent. + C -e.'
a-
- -8135.1 taillion that has already been contr)butor'to. technical advancement I further announce-thataif present i
in the nuclear field.
and' voting, the Senator.from Montana t
contributed by the pnvate utilities in-dustry to - develop and support the Mr. President, we do not have the (Mr. BAucts), and.the Senator from t
e L
Clinch R1ver breeder reactor; 753 pri-energy resources by which.we -can M*=ehusetts.O.it.4RIMDY) would
~
d vate utilities have pledged a total of remmin infinitely independent. ~ -
each vote " yen **w v 1
The PRESIDING OFFICER (Mr.
$N7 million to date to support this de-We do have the technology by which s
Ananon). Are there any other Senators we can now move toward energ7 monstration project in the hopes that independence.
in the Chamber wishing to vote?
they will eventually be able to assume It has been the sense of the lastses-The result was-announced-yeas 48*
complete control for the development eral Congresses to support the contin' nays 49. as followsW n l
of this technology.
ued funding of.the Clinch River breed -
Inoucau Voie No.3851ssJ Mr. President. opponents of the Clinch River breeder reactor unfairly er reactor project. We should not turn '
.*. N a 7
cite bloated and deceptive. cost esti-off funds on this project at this point. g, 7, E b.. M.a"a',"*"
' 4
^
I am opposed to this smendment*to -wwm
.1 instes in seeking to *1tmMate its con-the continuing
- resolution.. and ~I wewua..woienn e r.:w-Nuna "tinued funding.
. Roomamm avu
~ ~
stronglyttge my colleagues to join me n
se
. patneld Mr. President. many of the criti-and continue funding for this vital y.y.
- znar, cisms and misperceptions surrounding technology.
c.
sc '4 na un."Y. Prrw
'*f
-E the continued funding of the Clinch
- nany P.Jr/
- Holunas
" Quark
-Mr. HATFIELD. Mr. President. 'If - N **"'S C speat against the amendment I am %", IT;H"'"Sh"F" - ~ h*ada
- - {ji River breeder reactor can be attribut-there is no one 'else who wishes to S,7 D ed to findings and estimates which cere recently published in the Gener-wilhng to yield back the rem =inder of-cr= =a can
_ a tmans.
Ruaman nl Accounting Office report on the my time.
MC""""l Wa. T. u 74r 27d' '8 Earbar=
Clinch River project.The OAO report
.Mr. McCLURE.M.' President..how N
included an analysis of such cost fac-tnuch tame remains' X punnhn, W -u m u m o66 wet
~
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~
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O fBE jf Sepicmber fS,1988 ','.
CONGRESSIONAURECORD2 ENATE -
.T 12469-.
5 TWo NAYS-49 spect to which 1.h2 determmatirn of an *"on" amendment and ask iorits immediat.
s o, w,,
or ofr inccator is being made-consideration.
riIld j An n er 5ecta 3
c O
The PRESIDING OFFICER. The t
o r
P-3mn sen:=
scru=nt ed by strinns out
- September 25.198r" and amendment is not in order. It doesmot stor
.2 p.,ev muu suno.oc inserttas in ueu thereof -the nauonal sea. take priority over the second-degree Nre -i Bu-o.cA Beans Specser cm 8'e m '
sonaDr adujusted' total rate of unemploy. PerfecttDC amendment.
p in {.
Q -^-
ment is less than s.7 percent for at least one
.e nch.
3,3,t, 3, cam,
- sman, month wunns af ter sepumber 19a:~.
Mr. MEIZENBAUM.1 am sorry?
'ay pewrm Jomsman rhone (d) hr purposes of cetermintnr whether The PRESIDING OFFICER. This d
!nce.i centon K===
Tt=,
there are state *on" or cff" inme=mrs for amendment is not in order. It does not khe i Da,
, tuan waaop teeks besmnmr.on or after June 1.1sa:. take priority wer the second-degree Domenes t.cnr Ks.mer a.nd before the month fonoMng the Zust perfecting amendment.
- nts I
Eas:
Mutuas wcwser month thereafter for which the natJonal
{ch ynn7 < wnm
. se.3.mally adjnsted total rate of sme=picF-Mr. MEISENBAUM.'Mr. President.
t are 3,-
0=m ment ts less than s.1 percent. paragrsph (1) I suggestthe abse.nce of a quormn.-
're 2 0*""
-***"'*! ' T.
an '
of secuon;203(d> et the Pederalstate Ex.
The PRESIDING OFFICER.UIhe' -
ps, ~.'
~
NOT VOUNG-3 tenced Vnemployment Compem= Mon Act of clerk will all the roll.
H s.m.,
Emmatt'
.u nanna,, -
1970 than be appbed as 11 sueb paragraph ' The. legislative clerk proceeded ~.to n
did not contain subpangraph tA) thereot.
Call the roII.
So the n-endment (UP _ No. m o)
Ne> In the case of any Sute with respa-t was refecteL to which the socretary of Labor has deter.
. ML hm*BAUM. Mr. 'Prehk M
Mr. BAKER.'Mr. President. I snove mined that state 1ertalataan as required in I ad Lnan a consent That.the nd,
to reconsider the-vote by which -8.he order. to amend its state unemployment order for the quorum call be rewind-,
tiy 1 amendment was rejected.
comp,nurlon law so as to include any r,.
ed..
@f Mr. HATFIELD. I move to lay that quirements imposed by 22s secuon with w The PRESIDING OFFICER. Witb-p
?
motion on the table.
spect to -extended - -=-
n.
such-out objection,it is so ordered. -.
i 8
The motion to lay on the table was. shan bt e rm t
u Mr. hn.LNBAUM. Mr. President, agreed to-s Mr. MLTZENHAUM addressed the anee under section 330cc) of the. Internal the SenaWmm Ohio addressed hhn-L "
Chair.
Revenue Code by reason of a fanure to con. self to this issue at.an earlier point tam any such requirement for say perted - today. We have been awaiting a T -'
The PPNING OFFICER. The prior to the end-of the first sesnon of the member of the majority, the chahun
'M cuestion occurs on the amendment of State leculature which bestns af ter the date of the Pmmnee Committee, who wants
--d the Senator.from Ohio. ct.c
- f th' 'nanment. ef -ms.Act. er xnkh t1 T-to speak on the amandment, and some i ' S*
w m uzwT m su' ~
. began pnor to thedate of the-enanment of Members c:Lthis side of the aisle vant t
-C th2s Act and remained in aessson 1oc at least Mr. Imu.NBAUM. Mr. Prmident. 'tsenty.nve calannar days a.rter auch date of.to speak on the amendment..*Dte Sen-g 2
I send an amendmA to the Aedt and enanment For-purposes of t.he prec ar, ator from Ohio is prepared to so to a.
, M ask f or its immahte ronsideratJoncit = sentence.the term
- session
- means tzegulaz. mte when everybody.srho svishes to 2
As an amendment'to tny ameemenm - special, budget. or other session 'ef s state speak have concluded theirTemarks~,
~y The PRESIDING OFFUTR.-The lerw anwe.
+ ^ - - - - -
..I yield to-the Senator from E=n===
Senate win be in orden Estated. %*fM 8 g,$
Mr.1) OLE. I am fust rti A*ndere.
M
-(.f> N tutna -containal -to -the preording if he seeks remsnition.-.. _ ~.
- - - - * ~ - -
gy The amendment willi
-y The legislative clerk read as foN g
The Senator from onto (Mr. u-ms) strued to aut.horne-or-require payment of Mr.MEIZENBAUM. I yield to the
,mm raorment compensanon to anr individ-Senator 1 rom Michigan.
a proposes an -unprtnted.amenene -mum-ual Jor any.weet prior to the Inst weet The Panmr1ING OFFIrTR IIhe'
. m.. s -
g bered 1310. -
which begms after the date this section be-Senate will be in order. Senntnrs who Mr. MEIZENBAUM. ML President, comes Inw. if such mmpetuation wouldmot
- s.
,j I ask nnnnimous consent 4 hat reading have been payabic to such smudual wtth-are mnversing wul please retire to the cloakroom. The Senate wul,be can of the amendmant be dispensed with. - '"* 8*'d
.h The PF NING OFFICER. Witb ~ LI"* ""*^".26 th' P*""M*^"* *f order, or wevill not cont.inue. - '
~ ^ -
~""
Mr RIEOLF. Mr* President.IY
.Q out objection,E h co ordered.--
Mr. IZEIZENBAUM. Lir. President, p
The amendment is as fonors:
my perfecting smendment is cospon-og g,,gg suppm t of me amen I M Strie an after the word 'Notetthstand, sored by Senator RoccxT C. BTRp*
d;}
mg, and. insert in Leu.thereof the fono.. Senator EAcLETow, Senator - PRTon, make a iew brief comments about n so ing:
Senator Is.Azrr, Senator Pond, Senator that we m WW h bh d any other providon of law. the vmrtstons 9"
"k t
of subtttle A of title VI of the Tax Dmnr IwotrTr.. Senator ; TSoNGAS,^ 6enator
- d* * *r'd b7 *
- 8","' " 2m m and Pucal Responsibility Act of 1982, estab. SAsSZR. Senator nrroN, Senator Hiro.
d Ohio and other cosponsors deals with d
- nt a Federal supplemental benefita p*
DI.r'3 ton, Senator JoHNsToN, Senator Hot.t.tpos, Senator B. bat 7CUs.
to the unemployment compensation tTRDICK, " Senator q
gram of unemMnyment - 7 + n bene.
BRADLET, SeMtor Senator f!ts shan remam in e.tfect, and an todmd j
uals penod of eligibihty shall contmue. LrvIN, Senator RANDotFH. Sentor DE-program. The amendment deals with 4
utbout regard to any provision in such Act CONCIrrt, Senator MATSITNAcA, Senator three serious problems.
2 retartnr to termtnattan of such Federal sup. EzNwznT, -Senator Btnerzas. Senator The first one, and perhaps the most obnental benent program, or to the end of SAnsAnzs.' Senator CANWoN, Senator I
t *
' tIiEIII EIDb h U*
whereby, u'nder existing law,29 Stata sueb period of e!! ibthty, untD the nationa) HZrt.IN. Senator Paons Er, Senator seasonally Wusted total nie of urmp*
ment is less than or equal to 6/f percent.
Exon, Senator HART, Senator JACKSON, WlLb hlgh tmemPloIment NIUhl'E3
- (bx1) NotwtN=W the provmons of Senator PzLt., and Senator Rrzctr.
have triggered off or are due to trigger sectJon 2402(b) of the Omnibus Budret Ra, Mr. President,I ask for the yens and, off the currentl3 weeks.cf extended anem % Act.of 1981 the amen <*mma_ nays on the amendmentc ~~
,,, a
~' *-
~v---
made by subsection (a) of section 2402 of The PRESIDING OFFICER. Is N ' D
- h W M getm ag
- such Act shall not be effeetfve for determtn there a stifficient secoDd? There is 3 replacement act of Federal supplemen.
I ing whether there are state on" or off-sufficient sewnd tal benefits of either 6,8. or 10 weeks indscators for weeks berinninr on or after The yens and nays were ordered.
they will lose the important 33 weeks June 1.1982. and before the toonth foDo*
anz the fast month thereafta for which the Mr. DOLE. Mr. President, may we of extended benefits.. s.
have order?.
nauonal =,===2a117 adjusted total nie of I do not think this is what Congress The PRESIDINO OFFICEIL The intends. I know in the State of Micht-NoYp#
SfN rEetermi-Senate will be in order. Those Mem-gan, where we now have over 700.000 nations demeribed in paragraph (ll. the rate bers WW 2 everse, w!D please people out of work and where we have of insured unemployement for. an weeks.retirs tothe cloakrootn.
had unemployment.above.10 percent shall be calculsted in the same manner as it Mr. MEIZEND AUM. Mr. Prealdent, Ior 32 consecutJve months, we face the b calculated for the paruc*r weet with re. 1 send.to the desk a substitute to the prospect in October of the extended 13
.n
+
/
f f;. -'.
, 37__;
fT M
^'
.:5-a~*
Septernber 30;1932-.. -l CONGRESSiONA1:: RECORD 3: HOUSE.
. & 824$'.=,
9, kind 'of financial protectiotiis that ior "Mr.'Speaief,'each t'ime morehcuta A?rnf oMi ' BcII.tisoN.'--CtatrDz'PErri ~
c
- r. senior who is struggung to make it are made in socialspendmg. I hearthe Jonx CoNTERs, RIC on a fixed income?
Y%rs ago Congress made a commit-same refrain,"We must au tighten our EDWARD MAREIY. HAno:o Wmtrwo-
~
belts in order to strengthen our weak- ' To w. TrD Wrrss. PAnaEN_
C.
1 ment to provide adequate health care 4
for our Nr.t2on's senior. citizens. We ened economy." There is no.cuestion BEREIIY BEDC.I STEWARY MCEINNrY; 7,
must take steps to insure.that we do that we need to control Government JERRY HUCKABY. TOM HAREM;-HZNRY, spendmg and balance our budget. WAxuah. Nmr LowRY, and.JoMATRAN not neglect th:s responsibihty. It is-im-v However, I cenot watch our Nation's B acaAM.
~"M perative that we take immediate
^
action to EUeviate the cost shifting to seniors be continually targeted for the I thank these
- Members for 'their'
~
brunt of these cutbarks It.is time we support and urge my rem =Mim. col-beneficiaries caused by physicians' re. Iulfilled our
- commit. ment,rto oldert leagues to join us in our fusal to accept medicareAm"nc assign-Americans.*by t*nr the measures.to.
..p 2nents. The expected cap on the physi-prevent the shifting of.moreim=Me!
.y,;j M.
-m cians fee index used for_ updating re-
.)
1mbursement rates wiH-force patients burdens onto -their shoulders. I offer - The SPEETR pro tempore.~Dnder'-
E treated on. a nons.xsignment. basis to.that obhgation.othis biH as one < step towards meeting rder of 11 Ho the p;y An incrensmr amount, as:the gap
-'~
medicare reasonable fees widens. Con.
- ' ' "7 DIa)is recorn64io@ninutes a.n.
between physician-charges.and the. THE REINSTATEMENT OF THE 5" - PIMr. /sT TT ANDER 4 address
,l
~'
sequently, the cost of pnvate supple.
MILE-PER HOUR AUTOMOBILE House.-His remarks win appear hereaf..
ter in the.Ertensions of Remnrts] "' ~
mental insurance win be dnven up.as BUMPER STANDARD
..,Q
' _p.q.
l will.
. 7 f._
_ The SPT AR'T*R pro tempore. Tinder.
7
~ ~ - -
~
'The lerisinHon ~I-am. introducing aprevious order of the Bouse,the gen-CONFERENCE' REPORT ON ;;;
today. seeks to restructure physician tieman from New York (Mr.~SenUxra) [ HOUSE JOIh'T RESOLUTION.599,
l-reimbursement under.part B of medi-is recognized 1or 5 minutes. - ~
Mr.' win urn ' submitted the' fol;
' care. It is a simple measure, aimed at e Mr. SCHUMER. Mr. Speaker. I am lowing conference report and st. ate 1 achiermg the goal of insuring benefici-pleased to sties'. access to care, without increas cosponsors. reintroduce today, with 15 ment on the joint resolution (ILJ. Res.
ELR. 6552, legislation to 599) martns continuingappropriations ing their out-of-pocket expenses or sig-reinstate the 5-mile-per hour auto.. for the 21 scal year ending September-(h nifim ntir strumtnr the medicare mobile bumper standard. I would also 30,1983, and f or other purposes. _
budret. I propose doing this.by sett.!ng like to share with my coueagues an ar-g A,i up a voluntary system of cooperating title published by the. Bureau'of.Na-a heh'h ob ""~~
! I O
physicians, sindlar to'the_ Blue Shield.tional Affairs. -
~~" ~ D " ** *#I ""I" "C* '"*D' # '
)
system. of participating % physicians, On May 27,1982, when the" National amenNu f
]$$tN--
~
into agreements-with.the Secretary.to; tion. lowered the automobile. bumper e
[
>l d
accept assignment ior a3 medicare.pa ; safety standard from 5 to 2.5 miles per tients they treat. The names of these tember 30.- 1983..and for other. purposes.
^
cooperating physicians will-be pub-hour, I urged my coUeagues to join me.. harms met. after full and tree conference, o *[
f Ol lished in local dinries..which will in opposing the. move..I based my op. hm agreedwremmmend and do remm-position to his move on the contention -mend to their respecove Houses as.fouowsn -
If Ni be made.available -to smedicare that it w1U not benefit consumers, but mjnumte e.$.
~
N D
[
' beneficiaries. Armed, with this infor-wiu. actually ; cost consumers.in in ' 31. 34. e5, 36.~J8. 39,41,42A4.45,47,48.-49h i
1.
3, gi
. nation, seniors can choose their physe creased insurance rates and in replace- -
manx.on the b sis.of their:own finan-ment parts....
That the. House recede from tu duarree '
d '.
i chl considerations, as well.as their s2. ss. co. vo. 77 sv. and es. -
.w -
Regardless-of these increased msts,. ment to the amendmenu of the senatet H) personal preferences.' Those individ-
'Jals who wish -to rnaintain relation-n consumer would save 828 as a result of 29. and 32 and acree the same.1. 2. 3,4. 579,19,;o 21,22. 23;25 4:f the NHTSA argues that thesaverage numbered e.
Ll m um -
p chips with nowooperatingThysiciant the new standartt I believe this co.2.
Amedment numWd p u-maf y
mr7 elect to do 33 onmhatever terms tention to be mshful thinHnr. The re.
a ;
P they agree upon. Those individuals sults of recent tests performed by the m
to be dm of n
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wanting assurance that their outof-Jord Motor Co. do not support second-bered 10. and arree to the same with an L
pocket expenses Mll not. exceed thst ary weight savings estimates which M
amencment, as tonows:
i.
t 20 percent coinsurance.can;. select a figured prominently in the -NHTSA by said amendment tnsert the foDowins- -'
% 3 In bru of the matter stricsen and inserted-L physician from the directory. Doctors cost benefit analysis. " v
[
I volunteering to -become cooperating The NHTSA asserts that for every ment of Dc/ cme Appmpnatwn Act /or Ascal
- c) Prnding poucoe of the veruzartepart.
L hl physicians will benefit from a simpil-pound of weight removed from an year *1s#3 sucA amounts as may be neem
- .y k
fled claims process aimed at reducing autornobDe bumper,1 gallon of gaso- *y C]"["Q
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,q their ni+me.:strative and billing costs.
line is saved over Ibe life of that ur.
j L
This program of incentives can be pmeisson was made in fAc Department af Ford. however, found that for every pefense Appmpnatwn Act. 2s#2. but sucA j
further strengthened.by applying the pound of weight removed, a more real-
. I expected physician fee index cap only ' istic estimate of the savings is between acrimtses shan befundat at not to crecent an J
L annual taic for new e6hpanonal autAonty be r4 to non-cooperating physiciantIn fact. 0.49 and 0.79 gaUons of gasoline over of s223.700.000.000.. whscA ts an ctnereasel 4
F Itve written to Chairman DDeczi.1. of the life of the car. Furthermore, both obec ' tac everrnt Acce4 cad fAtsancrease.
}
I.
the Committee on Energy.and.Com - Ford and* General Motors admit-that shan be distributat on c pro rate bests tog h
merce supporting-the proposal to pro-vide an exemption to the cap for phy ' even these modest savings would not,,**,,*^ der n shan 3
o cse c : C.. y P W ';.sicians who %ccept assignment in all.actualaterms, these, saving jg,,=,,i and i
F g3,, ppg,,,u,,,,,,,,,,,,jeg,jo, t
Z (Ae fiseclycar 1982 Pmndat.-nat no,ap -- --
mmall= G.crJ N > %
in response.to economic conditions.
Theserriewefindings ; reaffirm ~<myU C ~ *". pmpnation er fund made coauaNe er ow'".
- Aartty granted rurruant to (Ats paruaraph
- ( j T,
and increased competition.among the belief-that the savings in gasoline"will shan-be used to snitiate orresume nny-pece -
0 0,
swening fann of doctors, tthe malgn < not offset. in any substantial-way, the' ect.-or act* rift for Stich appmpriations. --
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ment Tate took a r, light. upturn last increased ' insurance and repair, costs /""d8 **
- f^'" 8"fA*"'? ""' "Of *"""
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y' y' Ear. We have the opportunity-to ac-occasioned by the. reduced safety ]d"L'Aj' 8,#[8^*8$"'*[
F celtrate this trend.and. prevent. fur-standard. I therefore call on you.to g
t!
thtr cost shifting to medicare benefici-support the reinstatement -of.the _5-twns o,qundina a vadaMle snettai p,w' E
Jl arug,- wahout strnificantly. increasing mile per-hour aafetystandard. u :. 'l duction af tac N-Y intemmtinentaJ bauss?
h Worratr payout ' 6y enacting.a pro ' :.The' foDowing 15 Members Join 4ne tic missue and for long leed or snitial pm-
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gram such as I am proposing today.x ^ in the sponsortng of this legislation: duction of a second nucicar-powered ner.~.,
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cruft carrier mattJ madntaht Decembe* *17.*
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CONGRESSIONAL RECORD-HOUSE
. September 30,.19825 s
198L and in addstson. thu.Itattatnon shcI! be.usedfor the payment ctf c pnce 8tfferen.
.In beu of the matter proposed by said2
- includ.e the lower cppmpnchon or fundtng taal on contruct.s herecJter madeJos the pur.
mmendment 1: sert
- T;,;-
ceutngs for spect*nc.pmyects and cctivttnes pose of rettevnng economnc dulocatwns for Such amounts as may be necessary for' set forun in the Department of Defense An-other than cecatn,contructs not snvoltnne pmpnatton Act.1982. ca seported to me fuel made on a test basu by the. Defense L& contsnutng actttntnes whnch were conductat':~
Senate on September 23.198L or as subst-gutscs Agency unth a cumulattve tatur not sn fucc2 year 198L for adtsch pmrtston was D quently reported to the House c!Representa-to exceed.2LG00,000.000, cs may be dete*-
made tn the Energy and Wcler DetelopmentR;---
tttes?.Pmtnded furthe'. 7 hat no cypmprt-mtned by the Secretary of DeJerse pursuant Act.1982. at the c1trrent rcts of opemtwnr.- -
ctwn or fund mcde evacable or at thonty to cruttnp icws and regulatwns as not to be Pmetded, Thc! no cppropnatnom fund er: [
grcntea pursuant to thu paragraph sha:: be snapprognate the'tfor by recsouf nettonc! cuthonty made avatiabit by thu fotnt reson used to antttste mm:ttyearprocurements uts-henn: cavance procurement fundsnc for eco-secunty cons 1dentnons:^That the Secretary lutwn or any other Act mcy be used dtrectly.
spect nca:ly detremsnes thct there 12 c rea-or sndtrectly to stentfscar.Uy citer, modL,W.7 f
nomtc e~c:r cucrittty vmcurement unless sonable e:pectatson that affers scCi be ob-dtsmant:c, or other1ctse change the nomct, spect*nca::y approprwid hirr c cept for the tatned from a ss,,%ctent number.cf eltetMe operctwn cnd mctntenance recutred ford fs;;otetr.c progmms and cmounts; AN/ALQ-concerns ao that awartis of such contractb cny cttn works proyect under Depcrtment of G 136 Radar Jammtng the purchase cf C-2 ctv- -scCL be nade et a reasonabse pnce and act Defense-Cnra, Department of the Army,2 "
crc *t under' c multtyear contrCet, no crard shall be madefor suCA contructs if Corps cf Engtneen.Ctre, Overstwn and -
J267.800.000: Provided further, 77Act none of the pnce differenttal e=cceds 3 per.centumi ygggggggnce, Gencyg2,. and the -operCitonI Y.
the funds cypmpncted or made ateuchle None of the funds appropnated or made and matntenance cettvitnes funded in T2 cod-pursuant to thu paragraph for the pay of attilable pursuant to 'thts parucruph sha:: Controi..Nusus1 ppt Rtt,er and Trtbutanet '
menbers cf the untformed se'vsces sha:: be be saed c: cept that. so far os practtcable, c:: Provsded further, nat no cppmpnctson or coccab;e to pay any member of the 1 nt-contracts shall be asocrded on a forma:Ly ad-fund made avatiab;e or authonty grunted formed servtces c vcrtable houstng C:iow-vertued competttttt bsd bcsu to thelowest pursuarit to thu paragraph shall be used to crt~e pursuant to-sectwn 403tcll:) of tttse tnttnate or resume cny prtnect or actttstyfor.
J7, Untled States Code, an en amount tAat u responstbse bndde'. gree to the sazne._
ygch gypmpr.natwra, funds. or other au; *
%nd the Senate s greater than the amount nohsch scould have. Amendment numbered 1C -
yece 198;netthout pnor approval of the lAonty toere not at462abst dunne the ftseci been payabic to such membe-if the ecles of That the House recede from tts disagree-bcste c:lowcnccJor quergers for members W ment to the ame.ndment of the Senate num-Committees on Appmpnations Provsded (Ae untformed serrsces in effect on Septem-bered 14. and agree to the amme uitb.an furmer, That no appmpnattos fund or au.
ber30,198 had been sncreased by 8 pe' nmendment ss toDost monty made avenlable to the Department of centum on Octobev l.1982: Provsded furthe,
Nottetthstandsste sectwn 102 of thu jotnt E
% Mu wt rmwn or any M That pendnng passage of the regular Depart-resolutwn, such amounts as mcy be neces-A ct. sha:t be used for any actson schsch men. of Defense Appmpnatsons Act for sary for contsnutng proyects and activshes o 14 res it sn a sngnMnt reductwn d fn. scal vecr 1983, none of the funds appwpn-under ci: the condstwru and to the extent the employment letels Joe any program or ated or made avcs.able pursuant to thu and sn the mannev as provsded sn S. 2939,,,,g gq 5,,g,,y mgg. m,gg g,gmgy g,
,,,;,y g,,,,3, pcrugraph sha:2 be avassabic for the addt-enttiled the Legnialtve Branch Appwptt tnonal converswn of artyfull-ttme personnel stnen Act.1s83, as reported September L And Lbe Sennte sem to the same,
u, c
sn support of the Army beserve, Ase FO'ce 1982, and the pmrtssons of S. 2939.shall be Amendment numbered 18:.
s Aeserve. Army Nctwnal Guant and Air ha-71ective as tf enceled snto 2cte: c:rept tAat
' ^:
That the llouse recede from its dasngree-:
twnci Guard, Imm ms2 tic y techntesan to IAc pmotssons of sectson 306f al,1b>, and id1 Active Guard / Reserve staLJ Provsded fur-of S. 2939 shcil cyply to any approvnalso% ment to the amendment of the Senate num, ?
~
.ther, 7 hat swne of thefunds approprsated or fund,-or authonty made available for the amendment, a.: toUows
" ~ '
N bered 18. sud 'stree to 1.be samenrttb sr. 3 made atentabic pursuant to thu paragraph, penod October.2,3982, through Denmber in lieu of theinatter strteken and inserted' -
except for small purchasu in amounts not. 17,1542, by thu or any otAcr Act.
by saJd amendment insert:. December.J T,. *
~
czceedsng 210,000, shall be available for the Jo* purposes of thu subsechon. S. 2539, as procuremer,t of any artuCe affood, clothsng. reported September 22,198L shasi be treated 198?, nnd tbt Sennte scree to t.be sa.me. ~ *. -,*
-cotton, too=xn silk ;or woven si k blends. as appmpnatsng the fo?lotesno amounts:
y,,gggggg oggy,7,g gg7-
, cy M
spun silk yarn for cartrstne cloth, synthetse linder the headsngs "fOlNT TTEMS",
Thnt the Mouse recr<1e from its rHenaree%
fabnc or coated synthetsc fabnc, or wool " CONTINGENT-EXPENSES - OF THE D'DL ID Lh* **'"d**DL *I Sh' b'**\\* DU*'=
' tscheuser sn the form offiber or yarn or con-SENA TE", "Josnt Economsc C6mmittre", bered 26. and ngree to Lbe snme wttb an. -;
tatned tn fabncs, matenals, or mansJac. 22,327,000, and ~ CONTINGENT EX- *** 'DL ** I*U* **' -
~
tured artneles), or specsalty metals nncludsnC PENSES OF THE HOUSE", "Josn2 Commit. - Bestore Lhe A nntter strteten by snid statniess steel f.atsoare, nar omsem reproc*.. tee on Ta.zatwn" $3.233.000;.-snder war. amendment, amended to read sa foDows:,;s y 2
essed, reused, or -pramr' nn the Unsted 1
headsngs ~ CONGRESSIONAL -BUDGET-States or its possesswns,.e1 cept to the extent
.Ssc 11tt No part of any appmpnatwn- %
that the Secretary of the Department con-OryICE", ns r 2 PIES AND EXPENSES", contanned sr t~r lunds.made available by, '
$14 825,000: vnder the headsngs
- ARCH 1-thu or any stic.Act, shall be availsbie for cerned sha:t detes~ntne.that satstfactorW TECT OF THE CAP!TOL",
-~S s to nes ", any agency to pas to the Admanutmtor cJ quahty and su!!scunt quantsty of any artt-
$4.301,000: under the headsnes " COPY-the General Sernces A dms nsstrutwn a cies of food or clothsng or any form of RIGHT ROYALTY TRIB UNAL", *SA1A-hscher ruir per aguare foot for rental of cottov., woven silk and woven stik blends, ELES AND EXPENSES", 2606 000, c: sobsch space and se-rsces testabluhrd pursuant to spun silk yarn fortartndpe cloth, synthelse fab *sc or coated synthetsc fabrsc,1000!, of- $157,000 shall be dertved fmm the appropn sectwn 210()) of the Federal Property and alwn " Payments to Copynght.Ownres" for A dmsnutrutsve Serrtcer Act of ~1949. as specsalty metsis tr,cLudsng slasniess steel falware, groscr., reprocessed, reused. or pro" the reasonaba costs sncurred sn proceedsans amended) than the rule per square foot e2~
~
cuced sn the United States orits pussesusons snvoirsng dutnbutson of royalty fees as pro-tsbhshed for the space and servstes by the: :
cannot be procured as and sohen reeded at ssded ky 17 U.S.C. 807; under the headsnes General Serrsces Admsnutratson forlhe cur.
" GENERAL A CCOUNTING OFFICE", rent fucal year and for whsch appropr1-United St.ates market pnces and except pro-SALARJES T
AND EXPENSES", alwns scere granted: Provsded, That no part curements out.ssde the Unsted Statra en sup-3244,900.000 -
port cf combat ope stsons, procurements bb of any coproprsatwn contasned sn. orfunda for-purposes of this subsecison, S :2939 made available by this or any other Act.'
L sessels sn fortsgn waters, and emergenck shall be apptsed as follows -
'procurements or procurements of Peruhabit shall be at<tlabir for any agency to pay to '
foods by establuhments located outssde the The Ismstatwn on the number of stdf em-- the Admsnuttator of the General Serrstes'
Unsted States for the personnel attached ployees o!1hn Congresssonal Budget Offsce Admanutratson a hschersule persquarefoot %,
certatned in S. 2939 shall be opphed by sub-J for rental space and servsces destabisshed -~O theretc: Nothtng in thu provssson shall pre-ststuttng *22) stc!f employees ~for**226 st40 pursuant to sectson 210(2) af the Federal 23 clude the procurement of fortson pmduced employees %
Property and Adntnutrattve Servscra Act of ?
specsalty metals assed in the prMwtsms or
, j94p, as amended) than the rate per squart
- The fourth pmrtso ~under (he headsnos
- GOVERNMENT PRINT!NG. OFFICE BE. foot estabisshedforthe spa manufacture of. socapons.ar sotapons.sys-
"GO VERNMENT PRINTING OFFICE" '
tems made outssde the United States czcept W
the Generul Serrsces Adminutration for the 'f those tvecsalty metals sohtch contain nsckel VOLVING FUND", -selatsno.to '.truvel~ez-fsscal year 1982: Pmtsded further;~That thr'h./
fmm Cuba, or the pmcurement of chemscal aC penses of adossory.counctis to -the Pubhc soarfart protectsve clothtng produced out-Pnnter, contained in 5.1939 shallbe Affec-hmtlatsons of this sectwa shall terminate (Q on perember 27,.2 pgg, stdc the United States, (/ such procurement, ttee only forfiscal year 1983. l - -
/.
And the 6 enate agree to the samef ?
""' 7 vg,m sts necessary to comply totth agreements setth And the Senate agree to the same.,
foresin governments: Nothsne hertsn shat!
Amendment numbered 17.
Amendment numbered 7t-Y preclude the procurrment of foods manufac-That the flouse recede from its thaarree-That the liotae rewde from its disagree-tired or processed in the United States or tts ment to the amendment of the benste num-ment to the amendment of the Senate num-. o possesswns No funds appropriated or made bered 17, and -stree to the same irtth.an bered 27, and agree to the same irith an:.%
cvailable pursuant to this paragraph shall amendment. as 10U04 4
ammdmenL as toum.,
yg
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September 30, JSSE C6NGRE3S10N_AL_-RECOR. D. HOUSF E.
In beu sf.sectlin number 110 named ir iss0, because afpersceuten o*:/ccr of perse-And the Senate acee to the samt. '
M>
said am;ndmint insert 111; and th) Sena.te cution on account of rcee, relsptor of pohh-Amendment numbered 58 agree to the same.
cc! opinton or becatue of betnp uprooted by That the liouse recede from its casagree h
Am:ndment numbered 37:.
._ catastrophte tscturcl eclamtfy shc;! be ment to the amendment of the Senate num-TMt the House recede from its damagree-deemed, for purposes cf section 2007tb>(111 bered SE and agree to the same with an.
m;nt to the amendment of the Senate num-of the Legal Se' rices Corporction Act, to be amendment, as foDouT i
be'ed 37. and agree to the same Mth an en c2 ten desenbed in subparccmph (C1 cf in beu cf scetion number 126 named in w.
amendment, as foDows' cuch section Prortdedfurther, D.cl none Cf s&Jd amendment insert: 1JP.,and the Senate 1,
in beu of the matter stricken and inserted the funds provsded by thu Jotnt rrJolt.twn agree to the same.
[y by said amendment insert: 101ta)(J/; and th? Senate agree to the same.
for the Lepc2 Se rtcea Comoretton shcIl be Amendment numbered 61:
U Amendment numbered 40 -
tued by the Corporciton en mcktna prentJ.
That the House recede from Jts disagree-i of entennp snto contrue!.s for lepc! csrut-ment to the amendment of the Senate num-2'.
Tn*.t the.Heuse recede from its disasTee-ence unless the Corporction insureJ tact the bered (1, and agree to the same s tb an V '.
ment to the amendment of the Senate num-rectatent ts etther (c/ c prtrcle citorney or amendment, as iOUows' Wy bered 40. and agTee to the see with an cliorneys (for the sole purpose of furntshing in beu of section number 129 named in j((
amindment, as fouos s' leac2 casutance to c2tatNe rhentJJ or (b/ a said amendment insert.137, and the Senate 3 :l In beu of-the matter proposed by said guclthed nonproft! orpentzction chcrtered agree to the same, amendment insert r Prortded, 7 hat creept under the Inws cf one of (Ac StateJ for the Amendment numbered 62:
'g a
for funds obitocted or expended for ' plan-pnmary purpose c'furnuhtnp lepc: assut.
That the Bouse recede from its d1sagree.
tttsp. adminsstretton, and taancoement 42-ance to cIsptNe.chents. the mcJonty of the ment to the amendment cf the Senate num-iY; penses, and crchstecturcl or other toncult-board of directors or other poverntr.g body bered 62. and agree to Lhe same ninth an
?'
sig serraces, no funds h.*renn oppmpncted of whtch orpcntzaten ts comprued cf Cttor-amendment. as ioUows.
A shcIl be opctich;c for o&pciton or crpends-ncys scho are comst.ted to practice tn one Cf in beu of the matter proposed by said llI b
\\
tzre tstil cuch time '.as --the W "^r.
tAe States Cr.d who Are appotnied to tenna amendment tnsert-settsp on behc1f of the Bocrd of, Repents of. ofsfhce onsuch board or body by the cot" Stc JJ3. (cl.in accortlance attth sectnon
'W the Smtthsontar. Institution..eertt$es Lact erntng bodses ofState, county. e r munsetpal 101(b) of IAu yotnt resolutton, actsetttes
&b c recutred tr.ctching' funds are actucIly on b2r cWmns the membership cf which under ttfle Xt* of the Public Nealth Serrter hand or cecilcNe Jhrough lepaup bandana
,gp,esents a maforsty of the altameys pme-Act shan be conttaued of a rcle to taatstaan Ih pledges and the Senate agree to 1.he same, tactr.c law in Jhe locchty in tahich the orpo-current opercitna letela -
' *i Amendment numbered 43; - :.
C '. 'l '
nizcten is to peride legal cssutance: Pro-(b) Notutflutandtnp any other propteton That the House recede from its tbsagree-ended further. That rione of 2Ac funds appro-af tate no funds carrepracted by thts fotnt ment to the amendment of the Senate num-pruled under thu potr.2 resolsatton for LAe resolutwn o* any otAcr Act for ftseci year bered 43 and scree to tbe name with an Legal Services Corporstwn shc: be used to 1983 for any c20tment. crent, loan,-cr loan W~
amendraent. as f ouows; bnna a class actton tutt cactnst the federal cucrantre under the Pubite #ccIlh Tertsee N'
in b;u of the matter stricten and inserted Goternment or cny State or locci potern-Ae! of the Comprehenstee Alcohol Abuse and by said amendment tnsert; 101tc)(Jr and snent czcept an accordance tetth poltetes or Alcoholtrn Pretentton, Treatment, and Re-k'O th1 Senate agree to the ssme.r.~.;v~ --
Amendment numbered 46. _-.c 7,gyzagw,u CdoDiot bythe boCrd of Diret' habilttatto Act of 1970 shah be cubect to That the House re&de from-tta daagree-torsof the Lepc2 Services Corporciton.
reduction unde
- scetton 1521td>(2) cf CAe Q*I 4T Amendment numbered 50; ment to the amendment of the Senate mum-Pi.blic Nea:C Serrtee Act dunna the pertod h
That the House recede ! rom its disacee-beatnnsna on OctoberJ.1832, and endina on bered -46. and agree to the same with an amend-nent, as f ouows; -.. * -- -
the date epactfied in classe (c/ Af sectton b
ment to the amendment of the Senata num-O 'l bered 60, and agree -2 the same s'!th # 102' Ln beu of the matter stricken and tnserted amendment, as follows; -
by said amendment, insert;,
~1 in beu of the matter stricken and tnserted
- '* *?
n-p ;"
-2 NitettAstanding section 10f ta>(J1 of this And the Senate agree to the same
~
soint resolutwn, none of the funds promded AmenCMent Numbered 63-H by said amendment insert; $77,042,00V.4nd i *'
by this point resolutson fo, the haal Seve-QS - -
That the House recede from its duatree-
[-
- g, w
me e
umbe sees Corporation.shc be expended for4ny That the House recede Nom its disagree- " " * " ' """0""I *I b"#8""'
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i purpose pmhibsted or itmited by or contrary ment to the amendment of the Senate num-
- '"0"*'**^'*#^
f to Sec. Dal. Ibi, and tct:See $; and Sec. il bered St. and. agree to Lbe same with an 1.n beu of sectJon number 131 named in w
cf H.R. Jd80, as passed the House of Repre* amendment, as fouowr
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- sentatives on June 12, 1581; Pmetded fur-In beu of the sum proposed by said ther, 27 tat none of the funds approprxated amendment tnsert 367.301,00V,.and the
- " '* # "" Amendment num' bered 64. -
l,
~
tader thts fotst resolutton for the hpal Senate agree to the same.
Serrtees Corpostwn shcH be expended to Amendment numbered 53:
That the House recede from its diss. gree-
{
pernde ItacJ assutance for or on behcif c/. That the House reade from its damnee-mm* W LN amendmet 1,f tla he nm g
g-cry alien unless the c2 ten as a restdent of the ment to the amendment of the Senate num, bered 64. and agite to the same with an g
United States and ts--
bered f,3, and agree to me same eth -an ammemet. as ! uowr (1/ En citen Actt/s,12y cdmitted for pervr.a-amendment, as fouows.
In Deu of the matter proposed by ssJd g,i s
ncnt ressdence cs en tmmtgrant es defined 1n beu of the sum proposed by said ammdment insert:
I ky sections 201tCJf15) and 101(all20) of the amendment Snacrt 2 7,121,00V. and the Stc 115. Notwsthstandsno any other pro.
- 1 Immtgrctton and Nationaltty Act it U.S.C Senate agree to the same.
vtston of this fotnt nsolutton, such amounts 11011tif13). f!01):
Amendment numbered 64:
as may be necessary Shau be transferred h.
l (21 cn cJten who is either marrted to a That the House recede from its ditagre,. from the federal Hosptta!1nstrunce and the 1a fintled States estuen or is a parent or an ment to Lbe amendment of the Senate num-Fedem! Suppirmentary bredical insurance Q (
unmarned chlid under the age of tacenty-one bered 64, and agree to the same w1th an Trust Funds to support an annual operating T f years of such a etttien and who has flied an amendment, a.s toUows:
Level for biedtcarr clatry processtng actsve-
,'T typitectton for adjustment of status to per.
In beu of the matter stricken and inserted tres of 2800,000,000, udsng $45.000,000 manent resutent under the Immigration and by majd amen.iment. tnsert the proposed for this purpose ehtch curmnfly available N lsonality Act, and such appitcation has Senate language amended to change sectJon undre section 118 of Pubhc leie 97-248.
3 not been refected; number 1:2. as foDows. J26; and the Senate And the Senate agree to the same.
t (1/ cn alten teho ts lancfuZly present in the agree to the same.
Amendment numbered 65:.
United States purruant to art admtsston. Amendmentnumbered 66:
' That the House recede from its disagree-tnder scetton 207 of the ' Immigration and That the House recede from its disagree ment to the amendment of the senate num-ih N;ttonalsty Act (# U.S.C 1157, relattng to Enent to the amendment of the Senate num. bered 65, and agree to the some,with,an
, refupee admtssions/ or who has been granted bered 66, and agree to the same Mtb an amendment, as fouows _
q a.syllm by the Attnency Generc1 under auch arnendment, as fonows:
In Deu of the matter proposed by said Ac!; or.
j 3
r In beu of the enarter proposed by said amendment innert:.
. United Stw."2s cesult of the Attorstry 141 csn alt ~
o is inscfuny present tn the amendment insert-
~
Stc 116 Notactthstandtag the dectston of f
Sec 128. Notwithstanding any other pro, the fJntled Stairs Court of Appeats for the Gentrul's shth,iolding of <tepartation pueru. Teston of this sotnf resolutton ezeept section ~Dastrtet of Columbte C4rruttin.conneettcut y
cit to sec: ton 24Jihl of lhe Immigrutton 102, funds shan be availabic for the special
- s. Schwetker (No. 21-2000, Jndy 27,1982),
,1 cnfMttionalt!y Act It U.S.C !!$1th)).
supplementalfood program as authorsted by sectwn 106 of Pubite Late 96-?72, or section i
An alten who is latefu ly present in the sectton 17 of the Chtid Nutrittou Act of1966 1112 of the Soctal Securtly Act, no payment
,l s
Unnled States as a result of breng grunted 442 U.S C f f861. at the rate and under the shall be vnade. in or artth respect to any Io condttnanal entry pursuant to section terms and condtttons provided for in 11Ur ftscal year prtor to ftscal year 1964. under 201tn)til of the Immigratton and Mattonal. !!! of Jf.lL 7072 as pa.ssed the Senate on Sep. this or any other.Act and no court ahaD fly Act to U.S.C 1151hil7)) before April 1, tember 28,1982-aavard or enforce any psyment taohether or I
l J
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/
5
- _s_-______-_
- me; '
Mr S
H S248 CONGRESSIONAL. RECORD.- HOUSE September 30,1982W e
. /mm In Ueu tf'sectLon number 147 named in Amendm:st numbered 96: 'f"'2 %e not pursuant to such dectston/
~
p ment to the amendment of the Sena.1* nu That the House recede-from its disagree
- amountJ sppmpfta!ed by tats cr any cther said amendment insert Jit; and the Sen*,te Ac!. to reimburse State or.loed crpendttures agree to the same..
made prior to October 1. JP72. under itUs 1.
Amendment numbered 80-bered 96. and agree to the same with an Jr. X. XIV, XP!, XII or XX of the Social That the House recede from its disagree-amendment. as foUows:
A Secu-sty Act, unless c recuest for resmburse-ment to the amendment of the Senate num-In beu of the matter proposed by mald;F
.W"3 ment had been effetc22y transmitted to the bered 80 and agree to the same mth an amendment tnsert-amendment, as foDost Sgc 163. None of Jhe,runds promded in'.$
Federal Gotenment by the State testAtn one-pect r.fter the fiscal peer in watch the cr-In beu of the matter proposed by said this fotnt resolutton>sha1Z be used to.tmple-M pendtture occurred. After 1% scal vecr 198J, amendment tusert ment an cpporhonment and staf)sna plan JoW spect tcc:Js phase dosen the.Pubite Hecith'$
any payment made to retmburse sucA Stat:
Szc 149. Of the amounts cypropriated to f
~
u#
or loca: erpendttures requtred to be setm the Department of State for the purposes of _ Service Commissioned Corps "W
bt.rsed by c court deetston tn cny case-fUed "Contrtbutsc'ns forinternational Peccekeep*
And the Senate agree to the same.
- C prtor to September JC, JS3J shcli be made in ing Acitt'sttes" not enore than 350,000,000 Amendment numbered 97-1 cecordance testa c schedule, to be estab-shdl be cont 2cb;c for czpenses necessaryfor
.That the House recede fromits itshed under the Socsci Securtty Act oter contributtons to a Untled Nations "!Tunst-ment to the amendment of the Senate num. O fascc1 years 1964 tArough 1986.
. tton Asststance Gmup, notwitAstandsna see-bered 97, and agree to the anme wtth an$
And the Senate agree to the same.
tuon 15tal of the State Department Easte Au-amendment, as fonows:
N Amendment numbered 66:
thortttes Act of 1956 or any other pmt tston in beu of the mauer pmposed by said$
-7 That the House recede from its d.sarm-of late Prot tded. That stone of these fur.ds
~
-O-mest to the amendment of the Senate num-sha!! be obitpated or crpended for contrsbu-6 h
bered 66, and agree to the same with an tions to the Untted hattons Itunsttson As-g3,
g j
in b o umber 134 named in [t J#" # # P'*#'##* ""' *#'#" # # h# -
c the an snternationany acceptable acreement has
'g#
- '#*"g# "
'u I
said amendment. insert 137, and the Senate 3
SCM LD Lhe 5A3t-been achieved among the parties to the Na,,3 Urgent Supplementcl. Approprsatsons Acte &.5 Amendment num mtbtn dtspute conerrntna tmplementation J (Pub'#
ah.au """** ' I J
That the Hou.se recede from 1:a disagree-of Untted hattons Secursty Council Resolu-
- 4 *.
I ment to the ammdment of the Senate num-tson 435 for the tndependence of Namtbac.
Senate arm % th"'e same'.
bered 67, and agree to the same with an And the Senate agree to the same.
Amedment numW R amendment, as f oDows-Amendment numbered 81:
That be House ncede imm its hamme-in beu of the matter proposed.by said That the House recede from its disagree-ment to the amudment of the Senate num-amendmet insem ment to the amendment of the Senate num--
98, and agrn to W aame M2 an Szc JJJ. Notwsthstandsna any other p*
bered 81, and scree to the same 1sith an amedment, as foDows-i vaston oflate, of the funds appmpriated for amendment, as f oDowr in beu of section number J67 named in heal year JS8J to enm out the @mmunuy In beu of sectJon number 149 named in Se races. Block Grant Act of 19ff, not mon said amendment insert Js5;snd the Seaats ;,y
-than J0 per centum of the funds al lotted to,saJd amendment insert J5P, and the Senate
,g7,, g, gy,,,,,_
agm to me same.
~~
r.
q' _
\\
Amedmmt numbmd R each State.under section 674 of such Act Amendment numbered 82:
shaZZ be used for purposes other than to That the House recede from its disagree.
That tbe House recede from 'lta disagree..
- ment to the amendment of the Smat* num 1 *-
.vnaAe granta to eltatbse entsttes as doftned in met to the amement of the Senate num.
. section 67JtJ/.cf such Act or to orpentra bered 82, and agree to the same with. an bered 99, and agree to the same =1theana,--.#
tions sermna seasonal and mirennt farm-amendment, as foDows -
.. amendment, as foDows:
wkers e to dessanated hmund purpose In heu-of secuon number Ib0' named in in beu of sectJon number 168 named inP 3 caeneses which meet the neutrements c/ see-sa.id a.mendment insert: 252ptnu the Senat, said amendment insert: ~Jte, and the Senate f And the Senate agree to tue same.
hntde go agree to the same.
, ison $7J(11 of such Act agree to the same ' *
~-
.The temmittee of conference" report in' ^
Amendment numbered 68.
That.the House recede from tta disagree. disagreement amendments numbered 15,30 That the House remde from its disarree-ment to the amendment of the Senate num. ' 33,57,57,69,73,75,76,78,83,85,86,88,89, ment to the amendment of the Senate num-be red 84, and agree to the same with an 90,93, and 100. -
~*
bered 68, and agree to the same with an In b u o n umber 136 named in in beu of the sum rammed in said amend, JAMrE L WETrim, amendment, as foDows-EDWARD P. BotAnn,'
f; ' +
i
-ment insert #290,00P, and the Senate agree Wn.2 TABS II.HarCXIa, said smendment insert: JJF, and the Smas, NsAt-SMrTE, M
,4-
=
- ~ * -
$,NhN'nbe&d 71 to the same.
Amendment numtered 91:
Jostra P. ADDAaso,
~ * 'l ]
' ' * ~
7nst the House necede from its cisuree-Ct.Amrnc-D. loNo.,
That the House re&de from its dnagre,.
ment to the amendment of the Senate num.
Bowrr R.TArtsc-mint to the amendment of the Senate num.
bered 91, and agne to the same with an EpwAaD R. RotaAL,
-bered 71, and agree to the same Mth an ammdment, as fouows:
-Tots M m amendment, as foDors:
Jn beu of section number 160 named in Bo Otww.
in beu of section tiumber 139 named in sajd amendment insert 15F, and the Senate Wru TAM I2WWW, said1tmendment insert Jd2; and the Senat, agree to the same.
Jm. TAM C. DIZop, %
agree to the same.
Amendment numbered 90 Vic FArro, Amendment numbered it That the House recede from ita' disagree-Srtero O. CowTr,..
c That the House recede trom its disassee.
ment to the amendment of the Senate num-Jostra M. IdcDAts, ment to the amendment of the Senate num, bered 72, and agree to the same with an bered 92, and agree to 'the same with an JAca Epwaans, amendment, as foUows:
Joup T, MTras amendment as Ionows:
in beu of secuon number 140 named in in beu of the matter proposed by said gene,pg yo, gg},
. saJd amendment insert Jdt, and the Senate amendment insert J, KrnwrTu Rosruson, e
- W Sec.160..AZZ obitections inevend in an.
CtAntncs E Muirn E
agree to the same...
tactpatton of the appropetations and author-(except Nos. 29 and L
Amendment numbered 74:
That the Ilouse rece* from its disagree (ty provided in this fotst nsolutton for the 30),
i"T.]>E.,
ment to the ammdment of the Senate num-purposes Qf maintatningthe mentmum !ccel lawarnca Coocuum, bered 74. And agree to the same w1th an of essenttal activstnes necessary to protect itfe and property and bringtna about orderty Managers on the hrt of the Rou(* R.--.
~
amendment, as !OU:ws:
In beu of the marfar proposed by said termanciton of other functions are hereby IMAmm O. HAfrrzz.n,
,.* a,g
( $%ex,
-4 TD BTzvsms.
L amendment insert rattried sad conhrmed if othertetse in at.
Sec 144. Notactthstandtng any other prc ~ cordance utth' the -provtstons of this fotnt
, Lowtu.P, Wascxza,Jr., : s s.tston of this fotrit resoluttoru except section resoluttorL -.
JAuns A. McCtvas.
-** Q Gra--
102, funds shall be apatlable for J.he Z/ntted And the Senate agree to the same.
- PAm 1A1AI.T.
States 7Yatsel and Tourtsm Admtntstraison Amendment numbered 94:
' J Arm O Aaw.
M d?
That the House recede from its disagret.
HAan! son ScRWTTT,
'*D
,t\\
est an annual rate of 37.600.000.,
m * 'o the amendment of the Senate num.
TRAD CoCXaAR,
- h*
And the Senate agree to the same.
94, and agree to the sarne with an MAaK ANttEWs, Amendment numbered 79:
e That the House recede from tta disagree ame drnent, as fouors:
JAurs Aannon,
.~
ment to the amendment of the Senate num-In 'eu of section number 163 named in RostnT W. KARTEN, I C ** h*'
bered 79, and agree to the same with an aald a 'sendment insert 182; and the Senate Atrows: M. D'AMATo, MO
' ~ " =
agree to the sarne-
- MACE MATTIMcLT, amendment, as fonows-
./'
?;;..
y r :
g
f,, r G
Septemher 30,198f CONGRESSIONil RECORD - HOUSE H 8249 b.
' s WARREN RCDMAN, the Carner for which IQng lead production fiscal-ye&.? 1983 spending atiocauon for de:
, u ARLEN SP was Droftded in hscal year 1982. By includ-fense.
(** -
l WI:.:. taw Pmorvrmr.
tng these specific prot 11bluons. the manas-In hscal year 1982. congressional report 4
Jons C. STEMwis.
ers intended only to defer these and other language directed the Department of De-M DANtEL K. IMOUTE.
funding tnluatives until the Congress has fense to let each reserve component be free l '
D wts! F. Hot.t.tzcs.
had an opportunity to act on the ! mal fund-to determine the appropnate mix of full Tom EactrToN.
Ing decisions. The programs spec:fics.uy in-time mibtary and military te++w It M' tom CIII Es c}uded tn the fundmg prohlbltion are only has come to the managers'.attenuon that J. Btwnz r Joaxsion.
some major examples of fundmg issues that this language has been tnterpret?d to mean e :* -
WALTra D. HennLesTon are still to be decided by Congress. The that cost should not be a principal f actor in F3 texcept amendment managers sere of the opinion that a more the determinauon of the appropnate mix.
f* '
No. 95).
compiete program hst of funding prohibi-The managers suh to reaffirm that cost is Q tmn BramicE uons should not be included, therefore al-clearly intended to remam a principal factor
' E~ -
PATRIca J. IJAarT.
losing needed flealbility for both the Con-in Uus determinauon as set forth in Pubbe JIM Sassta.
gress and the becutive Branch. However, law $3 365 (DOD Apprcpriauon Authoriza.
DEms DECoNCINI*
the managers direct the Department of De-
- r.$
D&LE Beurras-
!ense to_ consult with I.he Appropnauons. ucn Act of 1975). which directed DOD to m m w g- % g mpu y -
,4 ucupen en the rcrt of the seufe.
Committees of Congress on any fundmg de-is consistent with mintary Tecuirements and 9
JotMT r.Jtri an AronT STATEMENT or THE clisons where there is a quesuon as to the other needs of the Department of Defense",
I CogurTrtz or CoNrtuner prepnety of proceedmg 37th such fundmg This is particularly the ca.se smce (1) the The "m9mrers on the part of the House curtng the operauen of this contmums res-cuality of cost compansons previously pre-and the Senate at the conference on the dis. oluuon. The managers also direct the De-sented to the Congress has been called into f [:
agreems votes of the two Houses on the part. ment to adhere to the lower of the ap-cuesuon by the General Acsounting Office, N
amendments of the Senate to the joint reso. propnauon and funding ceilings for pro)- and (D Congress has approved significant M
luuon (HJ. Res. S99). maktnr contmuing ects subprojecta and activtues set forth tn alpropnauons for the fiscal year 1983 and the. Department of Defense Appropriations pay increases for the mihtary smce the last M
comprehensive comparauve cost amessment M
for other purposes, submit the foDowing Act 19E3. as reported to the House of Rep-of converarons. Furthermore, t.he managers fotnt statement to the House -and the resentauves or the Senate, in no instance conversions planned for fiscal year 1983 are b
imderstand tNat a significant poruon of the Senate in explanation of the effect of the should these ceilings be breached, and by il acuan agreed upon by the managers and the same toten. thne fundmg cemngs pnnetpally respons!ve to the requirement to 11 5
mte r b; reduce the number of civihan personnel to
[.[
recommended in the naompanying confer-ence report.
achieve personnel celhng objectiven, rather Amendment No.1: Deletes the House pro-ing resoluuon is to proceed with the govern-vision for the Energy and Water Develop-ment s busmess at the lowest lesel possible, than considerations cf relat've cost and rela.
MI for iund[ tite effect on readmess. Finally the manag W
Con ona f exibWt ment Appropnation Act,1983 in Sec.101.
a[r ers unoerstand that in some ecmponents
,g
^
endment No. 2: Deletes language pro-Congress should not be put in a position of ed posed by the House and stricken by the beingJorced to fund programs on which it Senate wruch provides for projects and ac-has not yet had an cpportunity to exprm ble assets, which is also in contradicuon to-M congree.sacnal report directsves X.
Agencaes till at the House or Senate level,.y tivtues - funded -in the. HUD-Independent sue ac w
z n
The language in the Jomt teoluuan is in-j h g
d.
whichever is loser.
ing decisions..
~
tended to put a stop to tonversion of mid-p p Amendment Nos. 3,4.~and 5: Provide t. hat The meen agreed furt M tht m tary techn2cians. by whatever 'means that lh{
a when an Act hsted in subsection 101(a) has order to avoid mstly interrupuons in the in-may be accomphshed meminatratively. It, g
been reported to the House or the Senate dustnal base authorned and appropnated therefore. is intended specificany to cover
' L*
g but not passed by that Bouse by October 1, fiscal year 1982 funds, including long-lead the 43 military technician Senior Sta!! Ad.
[:_
1982, it shall be considered as having been funds for defense programs, should contin-mistrauve Assistant postuons in the Army l
pa.ned by that House.
ue to be spent unless specifically prohibited Reserve now scheduled to be enminated on g
by the authoruing and appropnation com. October 1,1982. -
.g g
Amend.:nent Nos. 6,.,. and 8: Technical mittees of Congress The managers wish to mike it clear to the I h =.
"w tmendments that delete proposed Senate The managers included a prortsion hmit, Department of Defense that it should struc-I ecnf orming language.
ing vs.nable housing allowance payments. ture its itscal year 1983 milttary and ctrihan JE Amendment No. 9. Specifies that off-budget appropnations for the purchase and Regular mintary compensation consista of pay allocauons-not program fundma-to l{
baste pay, basic aDowance -for subs stence, provide for at least a 25 percent absorpuon u
transportation of petroleum for the Strap and basic allowance for quarters. Each of rate for the pay raine to beene effectin on' t-sic Pe.ro'.eum Reserve ce contmued at tx 7
facal year 1982 rate of opertuons, the same the components of reiujar mibtAry compen. October 1,1982. Manage.nent uad a6h11s.
u other activtt es covered in the Interter sauon is affected by cost-of lwing pay rabe trative practices and pobetes should be im-
, I r
and Related Agencies Appropnation, as pro- @tmm hrduly, this year the de-piemented from the beginning of the itscrJ
'ry
%((
g posd by W Snate.
terminauon to umit the pay raae to bemme year to ensure achievement of absorption effective October 1,1982, to four percent levels of at least 25 percent.
r RAfg oF QPE3.AT1 oms Pop DEPa.RTMINr or means that each of the components would The managers have agreed to accept a DEFEMSE be reduced by four percent from the budget, provision included in the Senate reported f
Amendment No. 10: Includes lanruare ed eteht percent pay ratae. For those service Deferme Appropnations B!11,1983 (S 2951),
dt thach provides for continuing the activtt es members recetving basic allown.nce for quar. requiring procurement of American-built
('g cf the Department of Deferne st not to ters, however, the variable housing aDow. commodities and matena.la.
[,g esceed an annual rate for nes obbgational ance entitlement program automaticany Amendment No.11: Provides funding for l'
authortty of $228.700.000.000, and includes makes up that four percent reduction for foretrn a.ssistance at the level contained in j ;7 certun prohibitions on the use of the funds the basic abowance for quarters mmponent Public law 97-121 (the 1982 Foreign Assist-
- gi y
5 made availableJThe House Language would of regular military cx>mpensation. The ance Appropriaucus BilD or the 1983 re-
]* f have provided for a rate of operations not in effret of this situation is to unfairly spread quest level, whichever is lower, as provided M
excess of the current rate until the Defense the burden of the pay cap polley since only by the House instead of the current level of h
Apprepnauons Act,1983, was reported in about one-third of the military populktion operauens as provided by the Senate.
the House whereupon that rate would pre-now receives variable housing allowance Amendment 12: Restores the House lan-u
[
tau. The Senate language would have pro-payments. Further, the variable houstna al. guage ". or any other provision of law".
p l I-tided for a rate of operations set forth in lowance offsetting partnents would amount Amendment 13: Restores the House lan-a,:
1 the Defense Appropriations Act,1983, a re-to about 8137 milDon and would therefore guage which provides for aid to lsrael at the O
ported to the Senate on September:3,1982. reduce anticipated savings from the pay cap level provided in Pubbe law 97-113 tthe F
The managers have included a prortsson pobey by that amount.
1982 authoruauon'btll).
.T -
1 that prohibits the Department of. Defense The hmitation in this joint resolution ns.
. Amendment No.14: Provides funding for.
g from intttating or resuming any pro)cet er sures that those vanable housing allowance the operauons of the 1sstalattve Branch as m
acttrity for which appropnauons or funds payments that would otherwise offset the provsded in, and under the terms and condi-L were not avanable in flacal year 1982. The basic allowance for quarters reduction due Mons t)f, S. 2939, the 1sgtalauve Branch Ap-tnafasers have also specifically included to the pay cap are not made. Without this propriation Act for 1983. reported on Sep.
~*
prohlbluons of funding for inattal produc. provision. the Congress would face the re-tember 22,1982. with certain excepuons, for EY uon of the M X missue and for long lead or quirement to fund 8137 mnbon in a supple. the fiscal yen.r 1983, and extends the senior
- i inlual production of a second : nuclear-mental bill for these D. /ments. and then level salary freeze untu Decernber 17,1982.
~
powered aircraf t carrier. There is no prohl-make addluonal reductions of 8137 million The House bill had proposed funding as pro-1 I
bition on continuing long lead producuon of in other def ense programs to stay within its vided in ILR. 7073 for the 11 scal year 1983; z
o...
1 4.
s s
o1 E-x o
r llC l
T
%RY, H 8250 CONGRESShh RECORD - HOUSE September J0,1
~
-the Senat* bDl proposed funding as pro. -the committee.C/mference as fded in IAc concur in the amendment Cf -th).Sena@*
Scy 4*
4 Age gSM gfg Mded in S. 2939, subject to th7 terminau:n Man.se of Arpresentatttaes on Septembre J C, c1th an amendment astltst
--?
Oct date of the conunumr resolution.
late.
.J by said amendment, insert the foDowtuc sitt 2S22, as if sucA Act had.been enacted into in lieu of the matter stnchen and inserted hc5 The confe ees have agreed on the foDow ing exceptions from S 2939:
The managers.on.the part of the Senate moneys depostled into #Ac hcitonal De/ case' stat.
will move to mncur.inthe amendment of Stockptic Transaciton Iund under section
(!
the House to the amendment of the Senate.
9tb> of Ute Stretc9tc and Crttscal Atalenals yotc Jtint Economic Commit-Amendment N.16: Deletes languase pro-Stock Piling Act (50 U.S.C 58htbl/ 1tre put
. tee 32,327.000 p sed by the-Senate which provides for Acreby mcdc cocdab!c. subsect to such lavat.
h Mt Comm1ttet on Tax.
pro' efts and acttv1ues-funded in Lbt BCD-tattons as mcy be prouded in approprie gre 1Doependent Agencies bit at levels and atton Acts and in section Sta>t1/ of such Act, tat aum 3,233M0
. Congressiona.1 Budget tmder W oondluons of he Senate reported untd crpenced for the aceutstiton of straten n
M pte end entical matenc2s under section gre Offtee 14.825.000 Office of the Architect.
Amendment NoJ 17: Inserta language pro-6tc/rJ/ of sueA Act fend for transportation.
cm Salane 4.301.000 posed by the Senate :for fundmg of pro-and -ctAct inctdental crpenses related - to-Du grams :in: Energy and Water Development -such cccutstiton1.. Dais paragrcph cpphe 19:
Appropnauons at t,he current rate of oper-esthout ftsec1 year limitation to Moneys de-l cm Copyright Royalty Tribu-,
nal-12mitsuon G06.000 attons, modified to recuire pnor Approval cf postled into tat fund before, on - or cftcT Oe.
t.
Authortty *to spend te.
the Committees on Appropnatacns for the tober 1. 1982:- Pronded, ' 7Aat durnne -lhe :
"pc ce: pts t157.000) initiation or Tesumpuon of any project or ftseal year ending on September J0, JstJ, gag activtty for w!uch appropnations, funds or not more.tAcn s120.000,000 sn addttson to go
- Net direct appropri.
other authortty were not avanable to itscal amounts prertously cypropnated, of achicA ph, atson
-449.000 year 1981 not to c:cced 385.000.000.shc!1 be auct2aNs -
t.
-- General Accounting Office
-244,900.000 Amendment No.18: Provndes.for a termi ordy untd the termination of 2Ats point resoff ap:
.In addUon, the corderees agree.that th'e natton date for 12us resoluuon -of Pnday, lutaan for IAs purchase of.domestte copper-tar December 17, 1982, rather than December mined and smelted in J1e Untled States -
c number of sts.!! at the -Congressional 15.1932 as prodded f or by the House or De-cfter Sept.cmber J0.1982, may be obl: Pated '
ap.
Budget Office shall be hmited to :::, and cember 22, 1982 as prouded for by the from amounts an fAe hartoncJ. Lc/ case sat that the Pubuc Printer, dunns fiscsJ year Senate.
Stockpile Transaction Iund for the aceutst.
sc 1983, may pay the travel expenses of admo-Amendments No.19 and 20: Techmcal ston of straterte and criticc2 matenals en ry councus to the Pubbe Printer out of amendments correctmg two section number under section 6tc/tJi of the Straterte and -
is funds.avanable in the Government Prtnung references to the United States Code.
Crttteal Afstenals Stock Pdana Act ISO -
soi OWee moh-ing fund.
. Amendment No. 21: Deletes House lan.
U.S.C 58eranJ11 and for transportation and Due to the lack of sufficient time on the pr guage in Section 107 providing for fundmg otAct snetdental cepenses related to such ac-EA.
-legulauwe calendar, and because the Com of Department of Energy Nauonal Security cutsstion
.~
ac mittees on Appropnauons in the House and Programs, Bonnevnle Power Administrabon The managers on the part of the Senate -
Senate each reportedlegislative Branch sp-Fund fBorrowing Authority) and Corps of win move to concur in the amendment of 1 pr propnaton buls that are very close,in tbe:r Engineers Operattor.and Ma.intenance pro-the House to the aroendment of the Senate. _
"/
recommendauons, the conf erees have decid red, af ter_reachtnr agreement on the differ. grams at the Icvels specified for these activt. - This amendment m ates -avaDablel Ues in the Energy and Water Development $120.000.000 for the purchase of materialsa of ences between the two bHis, to fund the Leg-Appropratuon Bd! as reported to the House for the Nauonal Defense Strategic Stock. 4
- 1983. It is the intendon of the conferees. (H.R. 'J145).
pDe. of which 585.000.000 shall.be available ~
Di islauwe Branch for the entire fiscal year at Amendment No. J2: Cha.nges section.only untu the termination of this jotnt reso -
C that fiscal year 1984 14g1slauve. Branch number.
lution for the. purchase of copper mined and p.
fundmg wiu be acted upon in regular order Amendment No. ;23I Changes a-etion smelted in the United States after Septem O fr by both Houses-number.
ber 30 '1982. The conferees are agreed that '
11 The conferees agree that no additional Deletes language pro-this amendment does not manuate the pur.
p' fundmg will be provided for energy conser
.p. Amendment No. 24:
osed by the Senate relating to Water Re-chase of copper and that all the funds made A te vauon in the Capital complex until a com-sources Council.
available by this amendment msy be used -
p' prehensive trialysis of the accrued and esti.
Amendment No. 25: Changes secuon for the purchase of any strategic or ertucal it
~ mated costs and benefits of the program has number.
materials authorued by the Act.
been developed, together with a statement Amendment. No. 26:. Restores language Amendment N o.
31: Changes section 1-m if apprognate goalt Also. Ln providmg ums.al authorttt fo: '.he ln'ormatton indus troposed by the House amended to provide number.
" +
tr that the restric61on on GSA rental rates Amendment No 12: 1nserta language pr$
try Council, tr. advt; cry bo.ly to the Pubbe provided in this Joint resolution shad expire posed by the Senate which makes fundt in '
December 17,1982..
the GSA Federal Bundmgs Pund available t!
cu h be tau Amendment No. 27; inserts languate prcr for projects in the Senate reported Treas-ments of the prmting and pubbshing indus-posed by the Senate which prohibits the dis-ury, Postal Service and General Govern.
f-try, includmg its commumcations. typeset-posal of any federal land tracts or lands ment Appropriauons bul.
ti ting, distribution and labor components. Ap-with national environmental or economic The effect of this amendment would be '
C pointees to the Council shall be chosen for value untU certain conditions are Enet. The that GSA projects hsted by tine 4 tem in "W ame a
- CeD A
cen How reported or Senate reported s
th in e C un s k
D la and e ept in the CM of land eX-
'ITeasury, Postal Service and General Gov;
(
thafl be to advise and recommCnd Enethods changes, certain requirements must be met ernment bul for fiscal year 1983 would be and procedures to the Pubbe Prtater for by the proper umtntatrauve agencies funded' 0
furthering the stated aims of Congress in before federal land tracts or lands with na-th2 field of pubbe printing and distrit,ution.
DisTa2c7 or Cognats
{
uonal environmental or economic value can p
All meetings of the Councu shall be open to be disposed of. As it is not the managers-Amendment No. 33: Reported in technical -
t the pubbc. --
intent to circumvent current law with re. disagreement. The managerr on the part of C s
Rats or OrER.AT1 oms rom MILITART gpect to land disposals, the managers agree the House stil offer a mouonto recede and.
ConstmocTton -,
-that state in-heu selecuons. Alaskan Nauve concur in the amendment of the Senate S t
-Amendment No.15: Reported in technical Land selections. Desert Land Entry-selee.
. ith an amendment as iollows:
eQ w
t disagreement. The managers on the part of uons, Carey Act land selecuens, Indian Al-Restore the matter stricken by said r -
1 the House will offer a mouon to recede and lotments, patents under the 1872 Mining ' amendment amended to read as foDows: -J g i
a concur 'in the amendment of.the benate Act, and other s1mtlar land tonveyances are, Zsc 214. fal(1) Funds prouded by -tats 15 with an amendment as foUows / ~ -
acuvtues "provided by law" and, therefore, jotnt resolutton for costs to conttnue the in-ff*
In lieu of the snatter inserted by said not subject to the specific. requirements pro.,picmentation of pronssons contained in thew amendment, insert the fouowing. Promded, vided by this section..
Dtstnet of Columbte Statehood Conststal 5"'
I that nottettAsiandtng CAe foreposag provt.
Amendment 'No. 28: Changes secuon %tsonal Contaentste inttnattre (D.C Laso 34 Q eton of lass paragraph and notat4thstandsng number.
1721 shall be a' sed fnrst totoard ensuring.;
aTip otAcr prootston of tats fotnt resolutson, Amendment No. 29: Inserts language prt>
ooter educatst 2n IAc proposed constitu-Y such amounts as may be neussary for prop posed by the Senate which subjects this twnky(Aly
. sng, by the Statehood Com-ects or actiettses promded for en (Ac Mth-provision to secuon 102 of this joint resolu-mtssion, of reposed constitution lopeth-tary Constructaan Act.1982 IH.2L 6968), at a thon.
er 'otth !
,oe statements both for and.'
rate for operations and to (Ac cztent and in Amendment No. 30: Reported in technical apat ast cetstons as crpressed try the.1 (At manner prended for in !At con /crrnee disagreement. The managers on the part n! Con ten a elegatcJ taktna such portisons,' ",
report and fotat crplanatory statement of the House will offer a mouon to recede and IB/ me 4g of IAts trtformation to the reptsj,
,y
/.
.w
(
M d
,m u p[.j p-7 September 30,198f CONGRESSIONAL RECORD -- HOUSE H 8251 I$
'E # gered role s of the Dutnet of Columbsc by munity Workers Program, and Eay imple-refundtng. The confere'es are also screed october 22,1982, and f C/ prepanna for pub-ment the hearing commanoner program. " that prior to the dental-ci any appbcauon
$ g hectron cs a pd.;lic document : comprrAen-Tne Volunteer Atto ney Program and the for refunding. the Co po ation shall insure
- p. 7 y g
stav lertstatite Auton of the pmposed con. Community Worsers Program have been that, the appbcant has been gnen reason-
- p -
m funded by Federal grant funds that ut! no able nouce and an oppo*tunity for a timely
.WC
(;> Fone of the funds p orided by (Ats longer be availab)e af ter September 30.
and fatt heanng pursuant to regulauons
.M.Y T E-
" i ststuttor, (Pf 5
,otst resoluton mcy be used to pay for fAc 1982. Henceforth, they rin be funded frorn promulgated by the Corporauer.
E
'pubisection cf cny trJormciton or mcLenc s lomily generated funds. Each of these pro-Amendment No
- 47. Restores section
'y{
s et the Stctchood Commus.on 30hich fc0 to grams is prended f or in both the House and number proposed by the Houses
- d**fg Senate versions of the fiscal yes* 1983 ap-Amendment No. 48 Restores la.nguage f
present obxettte crpuments for cnd cactnst prepnations bills for the Distnet cf Co!.im-proposed by the. House which permits the j -] 't =
vte petsstons c/ the proposed constituttor, G
=
E r
(b/ Actietthstcr.dtr.; sectton 102. the pcec. bta, shich are pendmg fmal acuon by the f ece-al government to deduct reasonable
- 35 'l p-cph under fAe hecatng "wrTrJtr m Congress.
amounts from government e=ployees*
FmallL the conferees have inserted lan-rages to sattsfy indebtedness to the govern-
@ jf.
f cuxfrsm.t osurs z.vmtestist erc" in (At guage which aDors the Washmgton Con-ment, when such indebtedness has been de-4 M) --
-7 l
ptstnet of Columbsc Appmprtction Act, I--
Ist (Ps. bite Lcir $7-SJ; SS Stct JJ75/ u vention Center to proceed towards its ached-termined by a United States Court.
lL
=
uled openmg late in calenda' year 1981 at Amendment No.
49-Resteres secuon
- 4,,N-cmended-an annual rate of expenditure of 55."25.000.
number proposed by the House.
t 4
(1/ tn tAe second prortso, by strthtnc 03.1 df -
" payments of pmes" and inserttnc tn Itcu sary staff and make the recutred final prep-total of $77.U2.000 available at an annual a :d This rid allow the Center to htte the neces-Amendment No. 50. Makes reference to a C.J-g-r (Acrcf *pennent of fees to tscket coents, fees arauon.s pnor to the first event in January. rate f or exchange programs of the United
- j f T 1983. Ttus amount does not allow for the States Infonnation Agency as provided by h'd to contrcctors suppInng gambling perc.
1 pe scJtc or se-rtees. cnd ymes"-
purchase of theatre-style seats as proposed the conference agreements in amendments
- 2. Z -
y,I (2/ sn.the third prortsc by striktnc od in the budget. That item stl be resolved numbers 51 through 53 mstead of a to:.al of
- } "*
"petsnent.: of pmes" and inserting in lieu dunns maaideration of the regular fiscal 370.122.000 as proposed by the House and a,)
)
fAereo'
- payment of tuch fees cad pmcJ";
year 1983 appropnations bill for the D:stnet unspecifned amounts as proposed by the M
-L L
(J/ sn (Ac fourth pmttso, by striktng og i
"prues and cdmanutra.tton of the bocrd Amendments No. 34, 35 and 36: Res'. ore Amendment No. 51: Provides a.n annual
- i' of Columbna-Senate.
h' t
I ~,
shc!! not c cced tesources ateW to tA, secuon numbers proposed by the House-rate of $67.301,000 f or the Pulunght and In-f Bocrd fmm cppmprteted cuthartty or ret, Amendment No. 37: Changes the section ternational Visitor Progn.ms instead of T
enues" and tnse-ttnp in heu thereof **cdmin.
ref erence to 101(ax3).
860.415.000 as proposed by the House and utrction of tat Bocrti shcIl not c:ceed re.
Amendment No. 38. Restores House lan-Ss0.886.000 as proposed by the Senate.
I[ t
- tI;h*3 sourecs cocucb;c to the Board fmm cppm-page utending an Agency for Inte nauem Amendment No +51 Provides an annual 5
pncted cutho' sty-Pmt tded furtAt. Thct 2
al Development health profeet in Afnca for rate cf $1620.000 for the Humphrey FeDow-I.f7 4 fAe annucl c penses for fees cnd pmes shall lo i OM F'EN sh:p Program as proposed by the House in-
[IN i
not erceed recenues *; cnd Amendment No. 30 Restores secuon stead of $3.147.000 as proposed by the IO tn the fVT.h pmtsso. by striktnp out *for n
r pmposed by W House.
Senate.
,;:h 5
pme money" cnd inserttna in taru (Acreof r
n en
.4 des Amendment No. 53: Provides an annual
}
"fo* fees end pme money".
rate of 87,121.000 for the Pnvate Sector h
^
p (c/ Noticsthatcrd! ng any otAe-prottston gWs S
soman insmuh een Programs instead of 87.087.000 as proposed
~
of thu resoluttor the Supertor Court of the by the House and 48.630.000 4.s proposed by pnau" f
Distrtet of Columbsc may continue totpe -
a u c!
the Senate.
cte the Volunteer Adorney Program cnd fAc m n by W ChanceUor as proposed by W Amendment No. 54. Reta ns Senate lan-Community Workces Program, and may im-j plement the hecnna comntssstoner propvem.
ndm o 41 and 42: Restore sec-
"ue*s#' Erelated to leasing in wilderness sad wil-t fmm c tsting resources cnd posttson cut' tor-try. Upott pcssace of the ftses2 year 1983 cp-Den est o es th accuon pagein e m n-h pmpnction Act, fu!1 yect pmrrem fundtnc reference to 101(ax3)h Appropriates funds AmendmW h & Rese see m n totIl be coeucble to pay, retrocettoely, for Amendment No. 4 numbn pm W W House.
4 pmgram semsces perfonted on or c/te* Oe-for Small Business Development Centers at AmendmeM M R Mdu mat the I5 -
880'f I 18I2-an sImual rste of $14.000.000 as proposed by en. Wanu and N nn Pm m j
(d) The Washtneton Concentton Center the House instead of $11.000,00o as pro-a carned oM as pmM in c
may proceed ct en ennuc1 rute of operetton posed by the Senate' 45-of m2 as passed W Senate.
k sohtch does not creced 25.2y5,000.
Amendment No. -
Restores secuan e cinenM a m en amends W The managers on the part of the Senate number proposed by the House Sanate language to specify as pmvided "in wCI move to concur in the amendment of Amendsnent No. 46: Retains language.
OI the House to the amendment of the Senate. proposed by the House, which prov1oes re-Amendment No'. M Reponed m technics 1 The conierees are agreed that first call on stnctions on the activttles of the Legal Serv-disagreement. The managers on the part of funds avausble to the Statehood Consutu-nees Corporsuon as contained in ILR. 3480 the House will m te to recede and concur in Donal Convenden shall be for (1) voter edu-as passed the House cf Representauves on the Senate amendment amended to read as cauon matenalt to be mailed to registered June 18.1981 as foDows.
IOUO" I
i voters of the Distnet by October 22. 1982.
(allimitauons on the presumptive nght to In beu of the section number 125 named 1
and (2) preparauon cf a legislattve history! ref unding (Sec. 4(a). (b) and (cy.
in said amendment,inse-t 129 E
of the proposed constituuon.The conferees (b) prohibiuons on lobbying (Sec. 5 ).
TM managm on W part of the Senate are further ag'eed that funds may not be (c) allocauon of fundmg (mtntmum 3C move to concur in the amendment of used by the Statehood Commincion to pay access)(Sec. Ilt and the House to the amendment of the Senate for the preparation or puhucauon of any in.
(d) restncuons on use of funds for abens Crm Armonst'Trcs BGaaD fortsstion or matenals which !tU to present (Sec.14( a x 6) and (b)).
objective arguments for and against the pro-In addluon the conierenu agreement pro-rsTurNTs To tra cntras vistons of the proposed constituuon.
vides for the restrictions on cualtftcauons of Amendment No 58: RSAins language pro-h The conierees have also agreed to certain recipients as contained in Sec. 3 of ILR. posed by the Senate which terminates the
[
=
technical changes to the perrnanent legtala-3480, as proposed by the House, except, a.s e n W au carnn edy pmrram W L
tion enacted in Pubbelaw 97-91, approved provided by the Senate, that the Corport.
"""D"'
E"I"
' O O'#U"'
December 4. If 81, estabushing the lottery uon can male gTants and contracts to qualb
~
w and Charitable Games Enterpnse Pund. fled nonprofit organhuons chartered "I"
?
'Diese changes were requested by the Di>
under State laws for the primary. tnstead of n.tTaa7 sxxvicz sontrata trict government so that revenues generated the sole, purpose of furnishing legal assist, L
from lottery and charttable games activtues ance to eugtble calents. ' Die conference Amendment No. 59: Reported in technica!
9 may be used to (1) permit the payment of agreement also provides for the restricuons disagreeJenent. The managers on the part of
[
e fees to Uctet agents and mntractors supply-on intunuon of class action suits as pro-the House will offer a mouon to recede and I
ing gambling paraphernaJia or services, and posed by the Senate instead of the class mneur in the a:aendment <! the Senate (2Ollow for the payment of prtres from rev-medon provision contalped in Sec. 6 of 11.R.
with an amendment as fonows:
enues generated by these acurttles.
3480, as proponed by the House, in beu of the matter inserted by said The conference agreement further pro.
The mnferees are agreed that none of the amendment, insert the foDowing-L vides that the Superior Court of the District funds available under this jotnt resolution sac JJJ. Sections Jostp/ and Josate/ of
- j i
of Columbia may continue, within the re. for tM legal Services Corporauon shall be ttile 37, unued States Code, are amended by (t
i-eources allowed under this resoluuon. the available f or a f ull adversarial hearing in ad-strtkina out " September 30,1982" and in-e."
Volunteer Attorney Program and the Com-vance of the denial of any applicauon for sertina in itew (Aereof " December 17,1922".
]
I t
w :
E w
w
.am. n ng hl8252 wgr.
CONGRESSIONAL RECORD - HOUSE September 30. JSB
~
S@
Thi managers on the part of the Senate trtet of Columbic C Tutt in Connectnest r.
The Senste amendment modifts the "
120 d utl] mese to concur in the amentnint cf Schiorsker IAc. 41-20SC. Jhly 27. JS82/ see-utory requirement for making prehminneys the House to the amendment cf the Senate. (ton 306 of Pubite Law 14-272. or scelton impact a2d paymentJ from funds a f0" 8
Amendment No. 60: Deletes nem secucn 1132 cf the Soetcl Securtly Act. no payment under the contmums resolution.
M proposed b) the Senate t hich sould have shcil be mede, in or esth terpret to any Amen nent No. *l0: Deletes language.p'rf7-I#
.w
.pprepnated 8296.500.000 for cominunity fucc1 yrce prior to fucc1 year 1 sad, under sernee employment for older Amencans thu or cnv otAct Act and no court shcI: posed t'y the Senate which would have ad
%^E proprtaud duc' under title V cf the Older Americans Act.
ceced or enforce ont pcyment twhetAcr or an additional.150.000.000.every*
The conferees hate deferred action 37th-not-purst cnt to asch dectston/ from the amount othemise made availsble.Jor3, 1983 try the contmuing resoluuon for vocac ID' Cut prejudjee. While the conferees support cmount.s approprto'ed by tau or any othe? uonal education basic State granta.
wN IUN inertased appregnauens f or this prograin. Act to retmburse 5tcte or local crpendttures thyre is stm use to consider this inatter in made prior to Gctober J. 2S?&. under 1stle A it ts the intent of the conferees that M, C"#
the regular fiscal 1983 Labor Health and IV. X. XIV. XVI. XIX, or XX of the Soctcl creases in fundmg for vocational educauont' Human Sernees and Education bnL smce it Securtty Act, ur.Iess a recues! for retmburse. a.tmed at Job training and other employmenth
. preparation for d2spla&d. unemployedh -
is forward-funded. The conferees intend to mc7f ACd been ol# etcilt trentmitted to the t
press for action on a regular 1 abor HHS federcl Gotenment by the State setthtn one workers Till be Considered as Dart of 1bef'*
bill. prendmg fully adequate fundms for pect c/arr the ftsect year in tohtch the cz-fism) 1983 fundmg bill for the DepartmentF--
Ib of Educaum -
For<
this program.
penditure occurred. After fucc1 year JSAJ-w Amendment No. T1: Changes se d I Amencment No. 61: Changes the section cnv payment mcde to reimburse ssch Stat' number and appropnates 89.000.000 tsoE EW number and apprepnates $39.000.000 for or locc; c:pendstures required to be retm.
the chDdnood im.tnunuation prograzn ad.
bursed by a court dectston in any ccsc /kied rem avdable for obhgauon untD h i U *'
tember 30. 1988. as proposed by the Senate menered by the Centers for Disease Con. prior to September J0. JSE shc21 be made in trot as proposed by the Senate. The House accerccnce ettA c schedule. to be estch to carry out part H, subpart 2 of "nue XHi -
resoluuon contained no special pronsion for Zuhed under IAc SoctcJ Security Act, mr of the Education Amendments of 1980 relat.2 this program, ftsec2 yects 1944 through JS86.
ing to the estabhshment -af the General cf A
Amendment No. 62 Changes t.tw section No sunilar provision was included in the Dazuel James Memorial Health EducauonJL dis 4 number and provides for continutuon of ac. House bilt Center.a.at the Tuaketee Insutute in Ala.
the unbes under title XV of the Pubbc Health On July 27.1982.
bama.. m was no funding for tMs pur< a,,
con of Appeals for the Distnet of Columbaa Ctr.the United States Court. pose in me House resoluuon.
Sern.t Act at the rate authonzed by section wt.
101(b) of H.J Res. 599 The Senate bin ap.
cult reversed a lower court dec:sion which Amendment No. 72: Changes the secuon.
11 propriated Ed4.432.000'for these actintaes. had found approximately S382 milbon in number and appropnates 85.000.000 for snj The House bill conta.tned no similar pron. clam by the States to have been untimely nutsmg researth, as propoacd by the a
filed under appbcable appropnations re-Senate. The Muse b1D contained no enar sis.-
bo inserts language proposed by W
the stnctions (Connecucut v. Schweiter. No. 81-UTUVL5103' Senate prondmg that !unds appropnated 2090). For the most part, these claim = aronc
'UNTTED Starts Coast Ocaan M
Exa2.Ta c.aar mzsrwsisu. mis 8]
fir 1983 ahan t ot be subject to reduction.under the AFDC. Medicaid and true XX
,. t under secuan 15:l(dX:) of the Pubhc programs. Some of them related to expends-Health Service Act for the durmuon of the tures under those programs occurnns Amendment No. 73: Reponed in technical c r<
Contmuing Resoluuon. The House bill con-aL*nost thirty years ago. As of the date of Amemen*w The magm on the wt M M
tained no wnnar pronsion.
this conference, the appeal nghts of the the House will o!!er a mouon to recede and - 0 cp Tht conferees have included bOIlanguage government in the case have not yet ex-concur in t.be amendment of the Senate %
po to continue the bes}th pln9Nnr program at Dired, and there remaint the possibn!ty of with an amendment as fobows' I
frt th2 current operating level The conierees Supreme Court review or other court action In heu of the section number 141 named
'4 Hum =n Sernees to make cer.ain in hne ernment of these sums. The language-The t unarers on the part of the Senate-M c: rect the Department of Health and affecting the eventual payment by the gov' in said amendment. insert JdJ.
t!)
mth the authority in secuon 101(b) of this agreed to is not Intended to prejudice the win move to concur in the amendment of /7 Resolution, that funds flos without inter-outcome of this court case either on behalf the House to the amendment of the Senats I' pc ruption to health planntnr agencies so that of the government or for the States. The ent No. R 1mu kngw w.
O they may continue to carry out thetr mis-pos! tion of the Congress on this issue has al-powd by W hw h em W d
sion wbDe the appropnate House and ready been a= ply expressed through its fundmg level at an annual rate of 57.600.000 ' -
31 Senate commJttees continue their efforts to acuon on the flacal year 1980.1981 and 1982
[m reauthortze the health pla nntnr program.
appropnauons bins and related continuing e
en f L
Amendment No. 63: Changes the secuon resolutions. The amendment is, however. tn" Commerce, but deletes the knate prortsion ' '7 ncmber and appropriates $34.000.000 for tended to prohibit payment of any of these concerning the numbers of offices and em-4 P
famDy medicine residencies as proposed tw clatmt during fisca] year 1983. If the courts g g3 gg 7,
p the Senate. The House bill contains no szmi. determine that payments must be made, the E " " I8 # d'd ID D lar pronsion.
language s. greed to provides a procedure for Appropnzuons M for W Den g;
Am:ndment No. 64: Changes the sedion or-jerly payment of claims over a 3 year pent of Commeret. Justice, and State, the number and modifies la.nguage proposed by penod begsnntnr in fiscal year 1984.
.udactary and Related Agencies (S. 2956) as i
th? Senate to read as foDows:
Amendment No.
66:
Appropriates rep to tM Senate.
Notet1Astending any otAct prort.rton of $ 18.000.000 for fiscal year 1983 to carry out Amendment No.15: Reported in technical C
fats fotnt resolutton, such cmounts cs mcy the Runaway and Homeless Youth Act. as disasnement h manmMrs on W part of 3
be necessary shnu be tran.tferred from the proposed by the Senate, and chances the the House will move to recede and concur in -
C Federcl Hospttcl in.rurance end the Federal secuon number.
the Sennte amerdment w1th an amendment, j
Supplementcry Nedtect Insurance Trust Amendment No. 67: Chanres the section "8 IOD0" Funds wsupport en ennuc1 opercting level number a.nd modifies language proposed by In heu d W secuan nmnber namd in for Redtecre clatms proecssing ccitettles of the Senate relating to the Community Sert-said amendment. insert 145.
j 3800.000,000 includsna #d5,000,000 for thts ices Block Grant. The conferen agreement The manarers on me part of W Senar, purpose ehtch sa currently cecilchle under malntains the current requirement thag G mon to concur in the amendment of sectton 218 of Pubhc Letc 97-248.
States " pass through" at least 90% of funds de House to W amedment of W Senate.
d No etmilar provision was included in the mLotted to them to local comznunity sctaon N amendment of the Senate requires,
House b11L -
asencaes and groups serving migrant and that government agencies make losa com-M Th2 conferees have agreed to an interim seasonal f armworkers.
raltments in the fuD smount provided by y*
fundmg level of $800.000.000 for medicare Amendment No. 68: Innerts new section as law sub)ect only to the availability of quall-
~?
contractors. Tlus includes such amounts as proposed by the Senateertending the ava;3 fled appbcants and the atm!tations con. #
may be nemtary, over and above the $45 ability of funds appropriated in 1982 for tained in appropriation Acta.
.M million already made ava.11able by P.1. 97-closecut activiues of the former Communi-Amendment No. 76: Reported in technical -S 248 fir this purpose, to achieve this operat-ty Services A+ntnivtrauon.
disagnemmL The menarers on the part of
.7 ing level The 1982 funding level for this Amendment NoJ69: Reported in technical the House will offer a motion to recede and - %
program was $711 milhon.
disagreement. The manarers on the part of concur in the amendment of the Senate
- P Amendment No. 65: Changes the section the House will offer a motion to recede and with an amendment as followc nunfber and modifie; language prr'cosed by concur in the amendment of the Senate
-In beu af t.he secuon number 144 named -
th2 Senate related to certam clain4s submit-with an amendment as foDows:
in sajd amendment. insert Jd6.
ted by the States under va. nous public as-In beu of secuon number 137 named in - The Managers on the part of the Senate szstance entitlements. The revised language said amenttment. insert J40.
wil] move to concur in the amendment of reads as follows-The managers on the part of the Senate the House to the kmendment of the Senate.
FottettAstendsnp fAe decttson of the will move to concur in the amendment of
'Ihe confenes have agreed to language Untled States Court of Appeals for zu Das. the House to the amendment of the Senate. Proposed by the Senat.e which extends for 3
.T 5
=n.
- SepcmberJO, JSBf CONGRESSIONAL RECORD-HOUSE H 8253 i
.M.. g
~
If.
' 370 days the,6 month tnoratorium on the lo ing grants", to be used for chab'e'lige grants tion deadhne for !Lnancial adjustment sugnee of new nursing home regulations u proposed by the Senate, amended to factor (PAP) ehsible housing sd11ts frorr.Oc-i M* '
,c.,:a ned in Pubbe law 97-248.
change secuon number.
tober 1. 1982, to January
- 1. 1983 and
- f:h.
w A:nendment No. 77: Deletes language pro.
Amendment No. 83. Reported in disagree changes sceuon number.
!' EI Amendment No. 92: Provides vahdatins pued by the Senate to preside the Secre-ment language 6denucal to language included last Ib[:i gg-y cf Agriculture rtth authority to con-Amendment No. St: Appropriates $190.000 I
dg: boundary surveys of Nations] Ports to carry out secuon 301 of the Native Ha-year in beu of language proposed by the gestem landa. The Managen an arm e that rthm Study Comelon Act to remain 6,ent,,
{' d g the Bureau of 14.nd Management has not avanable untu expended instead of $200.000 Amendment No. 03: Reported in teemm1
- b. i spe: aseguately Porest Service land hne lo. as proposed by the Senate-d2sagreement'. The managers on the part of
'k"
(' M. ! '
Amendment No. 85: Reported in technical the House r13 offer a mouon to recede and m
gguen needs. The two agencaes are directed disagreement. The manarers on the part of concur in the amendment of the Senate to ec= ply with the exisung Memorandum the House C move to recede and concur in
,;.2 an amendment as fouors-
^ - of raderstandlnc. The yanarers also urge the amendment of the Senate. Tnis amend
- In beu c! the matter inserted by sa.!d kP the AutheM:: g Co==1ttees to address the I!t. U ment authorned the AN=trauon to reg' amendment. insert the foDoring:
preposals to g1re the Forest Service authort.
1 ulate the entry cf steel products into this Src 161. Sectwn e me Inmtend 3
'4' ty to conduct boundary surveys of National country.
Coffee Aprzement Act of 1880 f19 U.S.C.
Forest System lands. In the event the above Amendment No. SE: Reported in technimi JJ56k1 ts amended by strthsna out " October M I3 neuons do not aDeviate the Forest Serrtee disagreement The manarers on the part of 7 yggy cM heu mew *'h
- 2 problem, the Cc=mittee will address an ade-the House till offer a modon to recede and cember 17.1982" Custe remedy in iLscal year 1983.
The menarers on the part of the Senate t
U""*" M*"8
- "T""
amen en pro es t impo rul mon to concur in the amendment of G
ApuzwIsraarrow of steam rGI be duty free.
the House to the amendment of the Senate.
,'f, Poaur: A CRANT APPoET!oNMINTs Amendment No. 27: Deletes language pro.
This amendment extends the expzrauon 8 v.' p Amendment No. 78: Reported in technical posed by the Senate.
disar-cement. The manarers on the part of Amendment No. E8: Reported in technica3 date of the Intermuonal Coffee Agreement
, p't; the House rul offer a motion to recede and disagreement. The vaar'arers on the pa.rt of Act from October 1.1982 to the date of the concur in the amendment of the R.ennt, the House rid offer a motion to recede and expiration of this joint resolution, f,
,,j Amendment No. 64: Inserts new ocction as t ;,
with an amendment as foDors-concur in the Senate amendment with an In beu cf the matter inserted by said amendment. a.s foDors-proposed by the Senate spectfying that L *r, in Deu of accuen number 156 named in amounts made ava.nable by secuan 101 for
!N3 i
smendment insert the fonowing-s'.
Src Jt7. Actsathstandsna any otAcr pro-amid amendment. insert 155.
continuing act!T ues conducted in 1982
((u.7. ;.
The managers on the part of the Senate under the Cc=prehensive Employment and euen of mu potM resoNtton or any otAc.
TCl move to concur in the amendment of Training Act of 1973 are also ava.ilable to,
,s proruson of leg. cppropnctwns for urban the House to the amendment of the Senate. matinue those acurtues under the provi-IL.
end nonurban formh2c Frents cufAorued ty
![g '
F The Senate amendment adds a new sec. slons of S. 2036 as reported by the Commit-the Urbcn Afass Trcnsportatwa Aef of Jp64 tion to the joint resolution providmg for ad-tee cf Conference. S. 2036 is the new em-f() U.S.C 1601 et seg.1 sAcJ: be apportwned m!:tante of Tessie and Enrique Marf ort intc. ployment training authorttauon bul; the 1 4C end n??wW using date from lAt 1970 de-
=
the United States for permanent rtsadence. conferen& report was filed,on September Wt cennicI census for wrtn of me sums a
p The conf etees are agreed that very unusu-28.
gpp,opncud end fAc remctnder sAci: be cp a cirm*'*- trist in this case and that Amendment No. 05: Deletes language pro-q 4
portwned and cIlocated on fAc basu c/dclc 1
pom the 1980 hntd ccuum J the action of the conferees is not to be con-posed by the Senate postponing the e!Jec-3 sidered as a pre & dent for future considera-tive date of tenant rent contributions regu-g
'The managers on the part of the Senat, l
tion of prtrate immirrauon bula.
lauons.
win move to concur in the-amendment of the House to the amendment of the s.ennt, DrramTurnt or TaaMsPORTATton Amendment No. 96: Changes the section l
number and modifies language proposed by Amendment No. 72: Inserts language pro-DerEaSTATE TaAMarn Ca. ANTS f
the Senate to read as foUm hone of Me g
posed bythe Senate that adds $13.555.000 to Amend nent No. 89: Reported in techntent funds prot ded in fAss fotn! resolutwn shc22
}
the annual rate provided by Secuoa 101(a) disagreement. The manarers on the part of be used to mplement en apportwnment and cf the resolution for the I ANDSAT pro-the House sin offer a mouon to recede and
- D"# ###"m## #O Ph'## ##8" O'.
- I gram. **N* red by the Nauonal Oceanic concur in the amendment of the Senate Public Weci Snesce Commtsswned Corps and Atmospherte Adminirtration within the with an amendment as foDows.
No simnar provtsion was included in the l [
Department of Commerce.
In beu of the matter innerted 'by said House bul.
Amendment No. 80: Inserts language pro-amendment insert the fonowtng.
The confenes have agned to a limitauon posed by the Senate amended to read as fol-Src 156. Nottettastanding any other pro.
on the use of funds provided by this ton-lows-essen of gats potst resolutwn, there is ap-tinuing resolution which prohibits the ex-Sac Jef. Of ne emot nts ep>ropracted to pmp tcJed 3518,000.coJ, to remctn cocUcble ecutsve b-anch from 'attnr any act.nons the Depcrtment of State for IAe putycoses e/ un!U erpended. for Depettment of JYcnspo,.
which art specifacnDy designed to reduce "Cbntribu!wns for intematwnct Peccekeep t.ctton interstate Trentfer grants-Htph-the stze of the Comminioned Corps of the ing Actitttes" not more (Acn 450,000.000 tocys, cad 3J65,000,000, to remctn cocUab2, Pubbe Health Serrtee. The con!erees are
- 1 shcI2 be cticticble for e penses necessary for untU erpended, for Department of Trcupor.
streed that this 1:mitation does not restrict
,l.{,
- contrtbutww to c Untted Netton 7Ycust-laten /nterstate Trentfer Frants-Trcud.
1 the authority of the Secretary-of the De-tson Group, nott:stAstanding section 15tc/ Provided. That c22ocations of #Aese fund, of FAe State Depcrtment Beste Authorttaes shcf2 be dutnbuted in accordence esth partment of Health and Human Services to i
make reductions in the stze of the Corps e p Act of 1956 or cny other provtston of Lct= House Report 97-78J or Senate Report 97-which he vetermines to be in the best inter.
Procufed. Thc! none of these funds shc11 be 567, whichcoer ts highee. -
est of the Pubfle Health Service.
obltacted or expended for contributtons to The mm.narers on the part of the Senate Amendment No. 97: Extends svntinhflity r-the Untled Ncitons Trcustiton Aaststence riu move to concur in the amendment of Omup unless (Ac President dete-mines and the House to the amendment of the. Senate. of funds provided for the President's Com-
[T t?
reports to the Congress fact en internctwn-Amendment No. 90: R* ported in technt.1 mission for the Study of Ethaca] ProLlems p$lgl clZy cecepicb!c screement Aes been achtened damagreement. The managers on the part og in Medicine and Bnomedical and Behavioral cmong the perttes to fAe Nemtbsc dtspute the House wtu offer a mouon to recede and ' Research in the Urgent Supplemental Ap-concemana implementetwn of the United concur in the amendment of the Senate propriations Act untU Detember 31, 1982,
[
Netwns Securtty CouncC Resolutwn 4J5 for with an amendment as foDows-instead of March 31. 1983, as proposw3 by FAc independence of Namtbsc.
In beu of the secuan number 158 named the Senate, and changes the section l
The conference agreement recutres in said amendment, insert 15y and in beu of number. The House blu contains no similar f
f'y achievement of *an internationally accept-the secuon number 159 in sa.1d amendment, provision.
Amendment No. 98: Inserts Senate bonsa '
l 1; able" agreement among the parties to the insert J58.
Nam!bla dispute instead of an ** adequate" The manarers on the part of the Senate keeping stem language regarding certain
] (
agreement as proposed by the Senate.
wiu move to concur in the amendment of telephone mueate charges-y Amendment No. 81: Appropriates $365.000 the House to the amendment of the Senate.
Amendment No. 99: Inserts, language pro.
LT
.for salanes and expenses of the National Se-The conierees have agreed to language ex. posed by the Senate to prohibit studies of l4 curity Council as proposed by the Senate pressmg the sense of the Senate that (1) " mark et rate" pricing of hydroelectric
}
for the President's Pereign 1steuigence Ad-Congress should. reject any proposal to power by the six Pederal pubbe power au-
[
a(. j visory Board and the President's Inte111-impose a means test on the Medjcare pro-thorttles or other agencies or authorities of gence Oversight Board.
gram. and (2) that October 10,1982 be des-the' Pederal government. The language is in L
8 Amendment No. 82: Transfers 85.200.000 ignated National Peace Day.
no way intended to affect specifle case-by-
$ 1*
from salaries and expenses of the National Amendment No. 91: Inserts language pro. case rate reviews that are required to be Endowment for the Humantues to "matrb-posed by the Senate extending the construc-conducted by the Federal Energy Regula g
~
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/
ha
. sun.
M.k...
w H S254 CONGRESSIONAL RECORD-HOUSE September 30, i[8D 6
tory Commktun undet Existing t;tatutes "IJ/ For the purposes c/ carrysng'ont this n --
and changes sectEn number.
st,bscetwn-J. E. Roarnson,
- m 12"y FtntnAL Av1Arron ADurntrrRAT2on
- (Al None of 1*Le funds pmplded en the CL:* act E. MIu Em I'4Z wxcept amendments "D*
A2RrQRT CRANTs E nt te luft Tsdt F cc ttnutno ap-Nos. 29 a.nd 30),
Amendment No 100. Reported in technb pmprtations for the fiscal year 198J shai: be cs2 d:.sagreement. The mana.gers on the part arctic.bic for the picnntna or ezeestion of 1.nwnznct Coocn: t
~ " "
ouscd"*'L.
cf the Houw rLU offer a motion to recede programs the commitments for tohtch are in Managers on the Part of me cee.u of 32,050,000.000 for the two fuccJ Manx OTHATrttLn.
s.nd concur in the amendment of the Senate r:th an amendment as fouors-peers ending prwr to October J.1933, for Trr, STrvuns.
~ G.i,-
in beu of the matter tnsert d by sajd crents in-ctd for ctrport planntnc noue lowtLL P. Ws2cxza. Jr.,Ua 5%
e amend. ment, insert the foDor:ng-compcttbaltty p;cnntna and programs, and Jaur.s A. McCLtraz, Szc. lit. Seciton 508 of the Atrport and development and pat L hm d
Atnce) Improvement Act of f s#2 ts amended
~gg,3,,g,,, 39ggy,gg, cf ggg,,gg,ggy,,g 3 A,, O La,
_W.
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kV cddtnC ct the end thereof the fo:Otenne in any menner schatsoeter impatr the limi.
W~
netc subsectiore tatton estabitshed by thu parognxph."
HASE son ScKKTTT*
- 5.'-
"e t / Ust or CznTAix Arronnonza Ern11s The mmgers on the part of the Senate quxy coggnx,*
- M.
ron DiscAtTronan y Punrosc.L-111 Subsect to win move to concur in the amendment of m
W '~
percc-cphs (2) cnd (J), tf the SecretGry de-the Mouse to the amendment of the M J '"" A#** ***
'i te-mines. bcsed upon nottee provided under The conferees f.1reCL that any carryover
- ?
section 509(el, or othenesse thc! cny cf the ihcal year 1982 contrset authortty be obb.
A#0""3 U h TO-h
+ -.
E gated dunna October,1982.
MACE MATTIncLT.
amou r.t.
cpporttoned knder section 507ta/
tet22 not be obltpcted during c fucc1 year, J AuIt 1. WHIT'rrn.
WAmarn B. Rtrourn.
g tac Secrescry may obltacte dartna such Ermigo p, pagagg, wn 2 n= E E ATv wrn "
AxLzn Srze;ga, Ns4L Sumt
~ W n21 m Paor utar._
i fucc! pecr en cmaunt equal Jo.such J P Annkmao.
Joxn C.STrnw2s,
. Emounts et hu dueretton for cny of the par-under section 505.
r3 aeracr D.imac, DAwzzt E.1morTz,
** [
poses for achtch funds are made cocilab;e "I21 The Secretary may make obltacitons SInnrY R.Tarzs.
ImptsT T. Hon.zacs, J.
Tou T.Act
~
EpwAnn R. RoTmAL, y, Q.rTom 7
tu cecordence testh parcarnph (11 only tf the Tom Brvtu, Secretary aetermtnes that the total of obitoa-Bo Gtsn.
tions for such ftscci pectfor purposes of see-Wtt t ' n u 1.Enukn.
W"L* D* O '***^'*EN "
1 tion 505 teid not c ceed the amount cathor-JeuAn C.Drzon, t except amendment 1
azed for such f:.sec; year under section 505tc)
Vic FArto.
No. 95).
i and if the Secretary determines that ax'fi-SILvo O. conte.
QrzwtTn Btranicx.
etent cmounts cre authonsed under section
. Jostra M. McDAnz, PATRJCx J. LaANT.
505 tc/ for Icterfucal yea rs for oblepatton for JAct Epw..m Jiu Satsra, I
such asportioned amounts tohtch toere not Jonn T. MTzns DEswts DEConcxn1, ob!tpated durtna such fiscc! pect and tohtch
- i (except amendment DALE BUurtas, remasn at>atlable undersectson 508tal..
. No. 88J..
Mar.coers on the Part of the Senc&
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Pv October 1,2SS:L _
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-CONGBI'MIONAI.3ECORD HOUSE:~94 v m.:
'I'he - EPEAKTTL. pro 2 tempore. 'Is
~
TH-8359. - --
-A yield myself such time as 3emay>re-- Mr. w m m.N.- M mAmm there objecuon to the. request of the j 2 genuemnn from Califorma?.
. As I stated, this.rtsolutionJs com.
P.
quire.
-- *'~
There was no objecdon.,
. 3 A motion to reconsider was laid on
~
May I say to.my coDesgues that I fortable with the budget resoludon,It" ':E.
.i the table.
hope we win avoid this type of pro-generally follows-the format of. prior..
~.4 ceeding in the coming year. As Mem-years.. It erptres.Lecember.I'! :
- - 3 bers win recall, this is the second con-Instead of Decemberl5 as propo -1982.%.
sed by -
~-
-:a GENERAL * 'LEATE --
secutive year that the Congress has the. House and l>ecemberJ.2 as pro.1
.9 been faced w!Lb the necessity to have posed by the Senate.The pronsionsef.c. r 9:f Mr. PR"?.rP BURTON. manm the cent'e a continuing resolution providing-for Speaker, I ask tnr nimous consent that r resolution automadcal.
the entire Government. -We ly disengage when regular annn21 ap.
nearly I may be permitted to revtse and have had problems at times because propnzuons bms areenarted..
.. j, d
Members may.have 5 legislative daysextend my own remarks..and that an our-friends on the other sid i
~'
am m mwa,,,,m q,
..3 Capitol were not able to get to consid- "Me 10Rafof the7esolution pro.
'l
- - -J within which to revise-and -extend cration of appropnations bills. Then. vides. for 5 b1Hs T.t-the rate o
~-]
their remarks on-the leg: station Just we have had other problems such.as House-bm or the Benatr h
- j
~ ?
considered.
delay in.a.dopung a budet resoluuon gy,7 g,,7
~
2 3
The SPEAEIR pro tempore..ls for one reason or another
-The-five bill's underdhis'adction are:'i
- E
,a
-. 7 there objecuon to the request-of the en o b Inos of eAp g
g
-;.I genueman imm Cahfomia?. ;-
g There was no objection. - -
ings in May and June of t2us year-it pcrtation and reinted. agencies;. and /-h D h d @
- h. e j-X'.
p;
/ propnations bms before the body untu smemment. Treasury Postal-Service,and g 4-CONFERENCE REPORT ON
! HOUSEJOINT RESOI,UTION 599 af ter p*"are of the budget raclution.
M on~ % @ ~' p..
.,.. t des,..,- Tw te.
4 1
CONTINUING
..APPROPRI4 tee has done a good job within the lim.
Despite that 1actJI t.hink the mmmit,. IAbor.HHS-Education and. related ATIONS.1983 - -- - -
1 ited time that we have.. o '
agencies.and. Interior. and.crelated Er T
' M r.
. --g 7-wm A u N. uaaam Speaker I can the Members' attention againm J.aten Mes.,7
_. C. 7 t
Sectinn.101(c) provides ior defense at an annual rate of operations not to x 4{
pursuant to the order of the. House of' to the fact.that a continuing resolu.
a exceed smumion, and contains sev4
.t pozt n.
e oint lu n Resc599) maktnIco""'"- ##""rireaseif we had not. handled it:ss we, defenseactivitiesJ. and an a
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_have;we vould have had Tnant prob.
Y.
d 30
,n....._.,....
Section.101(c) prorldes for. foreign ~ -
g 9
an r ther pur lems en our side and we would have-m*~a at the.raten!lastyear's hmi
'd 9'
poses,.and';I nd im=Hmous. consent had problems on the other sided the ' 0F*the F
P -i that-the enfrmentof the manarers readin lieu n! the conference repor.*.be-CapW'J~*MC. 2.7....,
lower.,, budget,'r*',m='*,whichew VP.%.
~
.May I say thatvhense 2 net'in con ' The '1egislative" branch 41s provideder-Wn
,,_,_..y g a
- rhe Clerh read the *%f.the g--ierence the Senate had adopted a total ~for in section 101(e) as in~
^
n resolution.. m of 300'. amendments D -me BuE repeted mm,Bom andasdn%
ouseVf" st
~
ne a
'pm passed hul. AD 23 subenmm'ttaes were the menntegreported.bm for-Senate empme s
- hkW{ ' involved. -1"hirty-one~ of.theiSenate 5
5
[
amendments changed' dollar' figures.16.' tended.through3theatermin
- .l.
g 1h here wasno4Mecuon q -n::.. taling.amet'. Increase over the. House;auf the resolution Otherliem y
. The Clert7ead the.statemen :.gy-which was some.S33.2 bmion..ItftyJ g
0"or,'conierence report.;and.' state.. four of the Senate amendments _weref. vided for tbefullfiscal7 ear.u-e-*er-_,
. ' ~ ~
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9 ThurseayrSeptember20:29s:o. _,-- Sennte.am
- Section' '"101tD l.umideshm ment.2ee.pW'"Nef the Hm,se4f. language Aehanres and.'15aof22he amountsas 2nay-be men Mr. wmAmv.tdurtr,::.he rem 1.no.',,I dos;. e.ndments were t#ehnw in,. 7.ects.or_ activities:pro
. w'~
tr umtary construcuan:Act 1983m.a t ito sd Edie' ec'er'd that' 6968),-at.a ratedor.operataant and to i-' ~
sent.to dispense with further re=Mfneu.m he.her,J.ast imantmous con. g.1M h ram,NJ
. - man.cf the committee on the. Senate the extent and inthe msnner provi6ed GM cf the statemen.
for in the conferencereport and joint"-;
.A 1
.The..SPEAKI'R. pro " tempore;.~Is. side, and.his.m"a-Mae aere most coi eTni*"=tarv-state there.objecuon'to the request,.cf "the' had I think we ha operative in !be conference:that we tee of conference as-filed.In.the HousCc
'*c is
{
gentle =an'from a'1**rp!?
ve learned some-Z what from experience, because. it.as of Representatives on Septe:r'ber. 30f,T' -. Al There was no objection..,
+,.
.. about the_second straight year se. intolaw. c.m,c? n r.1982 ne.EIWN. pro tempee;'The o-y gentleman Jfrom ha:ppIT 04r. have been faced with this. This year,.Section.101(g) provides -for the
-....4 the senior members of the House com.
c_
k' Warr:zn) wm be recorn!7ed.for 20 minutes, and the gentleman f omMas-mittee met in advance and agreed we energy and water development-appro-2 sachusetts Odr. Com).wm,,be,.recog. would try to hold theline hernme we priation bill at the current rate of op * ~
x nized fw 30 minutes.
reahre not only that there is a need to crations. -f.
' - cP' Agencies apt
'The'HUD-Indeihndent
-"v,'.
T' p
The' Chair recognizes the gentlema" hold the line, but we also had a need Y
g Imm m"Mrpi(Mr.W CMRAL LFME,.,y,h. In our. conference yesterday, each sub.to stay w thm the b Oh Th :
,and - -
[' k -
cy committee deenr with the gubjeggg in,,1103,i cf.,33.@.Mr,..mthus is not provid T Mr. wmus ri.. Madam Speaker l which it waa dnterested and had juris'.cThe' resolution'ertends the 1982Tr# m 4 i ask imantmous consent that all Mem-e i L.r.y L.J l l diction met separately, whDe we went ters 2nay ahave.5. legislature days visions and limitations on abortion and R* f' ahead with those that were ready..I. schoo - within which to rense :and-extend ~' %T y thtnr.we finished in about 4 hours repor1.on. House Joint Re=^*an.559 e conditions tha.texisteditheir irema.rks, on g .9 sb 9;. 2 ~ 4 . ~J;' '.. i .I and ament *menta in Airn %2nt..and. ~ ~ ' ~ I want to say that the hm... e Let me say again, in case some of t@he : M !h thatl may. include citraneous tabular to you-while we emnnot touch for th ' liwe bring-Members do not M m a tterJ...l., The 4'PEAKER ~ pro,.
- ,.
- ..g. ' outlays entirely b ne of the end of this unttnuing reso..
d e ecause the rate of y there.4btec+tnn.to.the request-of the~ the executive. branch-is -well withitemnore. ils -outla lution is DecemberTI.1982. I person.*t."o genueman fromw"Wpi?.y";-~~L s the committee's, sect on-202 allocationn. Iabeene cr'when*1t 2nay udjourn;,. -. ,. ~. - .h g;r.. under the budgetresoludon. c. ;2.f. sencral:imprension.is,that we. ""4 ? . There was nombjecdon.,;rf. .c. s -g tx jy e n S .,s ,_lh-.'s---1-- a -u
..-q,~ -"w g,
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H 8360 - CONGRESSIONAL' RECORD 3 HOUSE October 1,2BB back here, soon after Thanksgiving, construed to he pe*manent. 'legtlauon ' Personally.~ I am not at all'coniorta.. " ^ and u e wul continue undrr this resolu. unless the language used therein er. the ble ceahng with issues such as steelh7 tion t'o operate tmtil December 17 nature of the provmon renders it clear tnat import hcenses, and the International'IS. unless of course a bill comes out from g7,*,) th7t Coffee Agreement. The members of :'? ea e secu 40 h ~ under it by being enacted into law. ectstrued together with the nature cf the the Committee of J.trisdiction are the 9 So I say again that we feel we have prortsion results tn a clear shortas of a con. experts on such questions. $D -done a good Job and have had a hard gressional intent to enact permanent lecula. But the f acts of life are that wheng test. I also repeat that it was made tion. the leculattre ccmmittees are not., 5 necessary to meet so:ne dent"ines in a standing alone, the languare of secuen able, for whatever reason, to resolve b timely way, which enabled us to brmg 140 by any other act * *
- af,ter tbe cate of rs"[ Mly Mroversial issu% CumE 'I
'y ].1uuon the conference report to -the House ' o will find some other way, which'isusuM ad today. So I just say to the Members that we nonal phree except a.s may be specincany ally appropriation bills. w.- authorned by Act of Congress bereaf ter en. We are not shopping for problems 2 arz under the budget. We hase a reso. actee does lead us in that dueeuox Atore-but we cannot avoid them once.the tt '~ lution which we hooe the ""Mra-over.to ner section 14o as not bdng perma. House or the-Senate amends one-ofW tion Mll find axeptable. It was a good nent legislation would smo the-section of our bills. The termination date'c! th resolution is December li* which was[e ~ ~ - conference. We have. I twk only one any legal effect. Secuon 140 was included i matter that is in true disagreement, a conunuing resoluuon which was enacted w 'That concerns the FAA air traffic con..en meember IL lost. and which erptred on We promisec h m speciam. September 30. 1982. The cer*. asphcable algnificance. between the House date - trone s.We were Able to reach agree-emf.11nns pay increase under exuuns of December 15; and the Senate date i - ment en the other 99 amendments. . law f or Judges would be effecure October 1. cf December 22.. - 3 i. - So I hope that we can brmg this tc 1982 er the expiration of the connnuing The rasslor~1ndividualtills are sisIS^ an end speedily.'Let us provide for the resoluuon. nus, if section-140 were not follows: Five bills are covered.under J.~ orderly continuation of the Govern. held to be permanent legmanan..the sec. ment for a temporary period. I am tion will have had no legal cifect smce it secuon 101(at Agriculture
- Commerce.',
hopeful that when we return in No. would have been enacted to prevent in. Justice State 4udiciary. D.C Trans.y._. vember the Congress will be able to creases during a penod shen no tncreases ponadon. and heasury send manv of the regular annual ap sere authorned to be made. - The rate for project and activities:.-- Amore.ngly. we conclude that section 140 which veuld be-funded in those appro # propriations bills to the President so is permanent legislation and precludes the priation acts for 1983, and which were" -' they will eme*-e from this resolu-use of appropnated funds to par-cost-of. s 7 m bung. pay inc eases to Federal judges and conducted in fiscal 1982* is the House. -E . ~Jtim. ~ MaAmm Speaker; at this foint'in the Jusuces of the supreme Court unless such or the Senate rate, whichever islower..L .Rzcoan I will insert a letter which I re. increases sre specirn117 =nommedtythe and under 2more restricure author %, ity. A bill which has been reported tog-ceived today from the Comptroller Congresa General which addresses - an - action.. < Rmmely youra.- - the House or the Senate is considered - 3 -. r Cmm f Bowsuza. 1 to have been passed by that House.%% 4-; then by the Appropriations _Comm!th ; ComptroIer Generaloflhe United Etctea. '. yo me P , y (teein Public Law 97-9.. ; Idr.:BOIAND. Mr. Speaker; I am effect un!ess.. included rin. identical ,--W.. rn. ;.-, Conorsonza Gznzan c happy: to report that"last night the . __ or rux Uwrrzn sn-r^. iorm in the House and Senate'b111s.%'W u -WesMnaton, D.c octoberJ.1931, President signed H.R."6956.~the 1983 Where a. em is ded X o _-- : n, _ y. non.JancIxL Warrrzw.-- ~ --@ HUD-Independent Agencies;Appropri. the House or;the Senate billithe memnan. Commtuccen Apprepnctions. ~:.adon Act.That act is thehwO-is the rate provided by the one' House. 7 .w-~r:r .L. ; appropriations bill ' signed.-into. law 27~.Rouac ofRepresentatmea.bhletter addresses - before the start of the-fiscs17earin 3 under the 1982 terms and conditionsMY -J ha Ma. ru m. g The leghlative branch is continuedT the issue of whether section 140. Pub. I. 97 years-since the 1st session of the 96th tiinder sectionJ01(e) ior.the full yearkY ' . -St. which places a restnction on pay in. Congress. - ~ at the rate provided.in the Senate.te1s-N-3t creases to FederalJudges and Justices of the a "I'he 1983 HUD.Indeper. dent-Aire'n'- a ~
- c. - Supreme Court,is permanent Iesislauan. 3.cies Appropriation Act wastlcaredior ported,MH.phyeyaypecmyc gg
-r.._ "..section 140 provider- :. --a v. the White House on September 29.-Be - sions% N ___y _y7., _::-Ecc. 340. Notwimehany other pro.. cause Senator Garb and Ihad been in. -:The conieren" acreement'includesh f. ployees' includmg Members of Con,33, ! -msson of lawer of this jomt reolution.none a pay cap on upper level Neral mp-CLthe funds appropriated by thh jotut reso-formed that the President would sign luuon or by any other Act shall be obbrated the bill as soon as he received it. re!er- ,e w -er czpended to increase. after the date of ence to theJUD. Independent Agen. gress.. .._.. enactment -of this joint resoluuon. any. cies Act was dropped from this con- - Two bills. Iebor.HHS and Interior,m,v. =- salary of a=y Pederal judge or Jusuce of the tinuing resolution. - - - are continued. under. section:201(b)l**-se,' Supreme Court, except as may be specifical-Mr. CONTE. MmM Speaker. 2 yield which covers activities provided-for in' _1y authorued by Act of Congress hereafter myself such time as I tnay require. - - the 1982 bill..under the 1982 condi.gy .s e=M Pmwfat.mt nothms in this lip '(Mr. CONTE asked and was riven. tions, at a rate to maintm'n current op-W sitauon shall-be-construed to reduce any salary stuch may be in effect at the time of perminion to rettse and extend his re. erating levels. Section 101(b) also con M tains language specifically including enactment of this joint resolution nor shall margg,) the off. budget acth1tles of the strate _,- _ l this hcutauon be mnstrued in any runner Mr. CONTE. Mahm Speaker. I sup. gic petroleum reserve.. to reduce the~ salary of any Federa! Judge er port the-conference report on-House g The Department of Defense is covg of any Justlee of the Stpreme Court."- Joint Resolution 599, which continues m That provision was introduced for the appropriations for the 1983 fiscal year. ered under section 101(c), at a rate of . stated purpose of precluding the an=ua! Your -conferees tilsposed - of 100 $228.7 billion for projects and methinC mst.cf-uving increase which a Federal judge ties mnducted in 1982, and provided N l-orJusute of t.he Supreme Court would oth._, Senate amendments. The conference } ' E,* M 7urtne u-agreement mvers 12'of the.13 appro ~for in the -1982 Defense Appropri.N. t priation b!Ils for fiscal'1983, as -well as ations Act. O~- - - .- Mg made to the treneral Schedule under 5 several submantive issues which we all We include-several limitatioits. " ~.. UAC. 5305. Concamssonn Raman. Senate recognize should be handled 'in sub - cluding no new starts, no initial p$- y ro.g .813:33. November 13.198t. Absent secuon stantive legislation, but were given to duction of the MX. no long lead pro-ft r.1 l-140 the adjustment for Pederal judges and. us because the basic-legislation.has. curement or initial production of theC Juhs of the Supreme Court is mandstad.not been enacted. > Y /;~ second nuclear-carrier. and thebuyelMf by law. Sec. for example.28 UAC. 5. id. 461 - Sotne of these issues are within the America" prorision for the DefensedE ' l as to increases for Jusuces of t.be Supreme jurisdiction of the Committee on Ways Department which covers specialtf D " and Means. I hope my-colleagues on metals, food, and textiles. . gy$ U.S.C. 235 1 461 for t u w.* hudru. ^ " ' -.that committee vill remgnize that we Toreign Assistance activities are cov 'ef - '{ in en annual appropnauon act anay not be They were thrust upon us."-.- h ered under section 101(d). which cont-p ! wa have held that a provision contained did not initiate.or seek these-issues. tinues aethities funded in'the 1982- "- ,r. i p . - n.
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s-- 1 1 .h / .I I .S.* L.ikrC,. ?.
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October 1/.7Bd CONGRsSSI NAI.RECORDCNdUSE-IH83Gr. ' M# Foreign Assistanc'e Act at the rate pro-Th'e con!;rees.cgreed to earmark cf which is forgiven.*The amount-for di e vided in that act. cr the budget esti-small business development centers at econorme support funds is the same as b, mate. whichever is lower, and under $14 minion. as provided by the House. the President's request for fiscal year. M the ciore restrictive authority. The Senate had reduced this earmark 1983, although the President would G9 Aid to Israel is at the 1982 level. to $11 minion. provide two-thirds of the money.as a b h; Aetmties funded in the Energy and Compromise amounts were reached grant and one-third as a loan.The re-P1 Water Develop:nent Act for 1982 for certain progn.ms of the U.S. Infor-quest for foreign Inihtary sales credita b which were conducted in 1982, are mation Agency, including $67.3 minion for fel year 1983 is41.7 binion.1300 . h.y funded at the current rate.New starts for the Fulbright.and international mution higher than.the. amount pro-f are prohibited unless approved by the visitors program.42.6 Inilbon for Hum-nded in the. continuing Tesolution. .h Com:nittee on Appropnations. and phrey fellowship, and $7.1 minion for with 1500 mmion forgiven.150 minion DOE e=ployment levels are not to be pnvate sector programs less than the amount forgiven in.the 4 ..e "significctly" reduced below the The ecnfenes provioed the full continuing resolution.. .c . ; !? levels in effect on September 30 1982. Senate amount of 37.6 million for the Mihtary Construction activities are U.S. Travel and Tourism Ahma UNICIT receives 126 minion under P 2 manner provided in the conference IEm ior this agency. lion below the Senate -amount and [I.3 the contmumg resolution. -315.5. mil-continued at the rate and -in the tion. The House bul -included'45.033 report as filed in the House. - House conierees also agreed to the below the fiscal year 1982.appropri " Although I cannot cover all of the Senate addition of $13.5 billion for ation. The United Nations Develop-' N".C f Senate amendments. I win try to high. landsat, which win aHow this impor-ment P ognm receives $106.8 muhon. P9 light some of the most t=portant spe-tant resource to cetinue operaties in $21.4 mMhon below the Senate amount 3d !I ci,3,,ics. _... nscal year 2983.nue to a delay.in eer. and the amount provided in fint n1 year M We accept the Senate amendments tain authwi ing legislatim.te Na- ..~ ~ g
- 1382, renrding steel import licenses and im-tional O< emic and Atmosphene Ad*
. Eignificant reductions.below. fienl Q ported steam. and extending the Inter. ministraum faced the pmspect of as-year 1983 budget requests and needs g.% t are made in such accounts as the eco-iMI-national Coffee Agreement.. 1. of dsat tho the r m can schools Ue provide that 75 percent of mm "D*' sary funds to do so' agreed to Senate '.:N tnnsit funds shall be apportioned The conference
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using 1980 cen:us data, and 25 percent will be based on 1970 census data. The language author:=ng the use of 450 tivities in the Suud. the Export.1mport Senate amendment wuld rhave re-milhon from existing funds.from U.N. ank and 2eDernational n=nW udons. No funding alan is.pm _ - j peacekeeping activities for a new quired that an funds be. apportioned' United Nations Transition. Assistance' Mded for the International: Fund:for ; NL- ;[ usmg the 1980 figures. Group (UNTAG) in Namibia, subject Agriculture Development.- which -is.a ji Senate language which provides for-to Presidential determination that.an mistake. It is obvious that these thort, agreement has been. achieved;amnm. JaHs win have a be addressed & Con. J[ j payments to. air:1raffic cxmtrcHers is reported. in Nrnement.*bWl sup -the parties to the dispute in that'coun-gress during the postelecdon session,--- p r 4 port the Senate language.=mmi 4in try. The-authority. for this 2noneydn.. The conierees, accepted language in secept the Semtehnsuage:---n. _ _w an case there Js2 resolution of the;ne-support a motion to be o , j, ] the Muse bm.enending. aagional , y j IIThuonferees: agreed.to 585 mf1tinn _j y,q ' to be avaHable, but not required to be gotwinns during the election recesst-Central Mca forbears,at.an.estj.. The~1otal. U.S. contribution nto. this mated cost om mHUon per year.M jft y Q,[. .; g spent.'for the purchase of, copper for non.U;S.1erce is estimated at $135 mil highly-successful..pmject.'h th2nationalstockpHe. w...m ~ Tha conferees agreed to nstrictions~ lion, including 310 mfitinn for refugee..under ATn contract by Boston Univer, N i -1 sity..had been threatened with termi- .on -the.Irgal Services -Corporation The conference agreemeAt provides'. nation, and this,languagetwiu, avoid, _I,; y i,, which -vould limit ~ the presumptive an annua 1 Tale of $241 million for the mat prospect.c g.,S gqjm, g <g right-to refunding.m1w certain re-Ynn1 Services Corporation.alongvith. - misLAnys men - ,4, c'~ - 4 -s.tric;.lons-on-lobbying. retain-House restrictive language 2egarding. alien. The conferees agreed-to include for ! 6.y language on tne allocanon of fundmg.- lobbying. presumptive right to refund. the-entire fiscal year a compromise lh i and restrict the use of funds for aliens. s ing, m+nimum access. qualifications of version of the legislative branch ap-j t N] j! Thz conference agreement also re-recipients and class action suits. propriations for fiscal 1983. AHJIouse stricts the initiation -of class. action- - yoggio, opgganoy,,: suits, and requires certain-qmdifick items and all Senate dtems ; reported '
- h te-conferees agreed in most in, previously in H.R. 7073 and S. 2939 are ti2ns of recipients. -.
ym Mr. Speaker,. these are.the high* stances to theJIouse funding levels for included in the conference agreement. .h f lightsof the conference agreement. foreign assistance, providing a total of. and dollar differences in several joint - ly I did not agree with all of the con-19.8 bHllon. This is $1.3 blulon below items were split. .ur n the Senate amount. $1.8 billion below The pay cap for Federal executive. f;rence agreements. But we are oper-ating on borrowed time. The new fiscal fiscal year 1982 appropriations, and judicial and legislative officials, which $1.7 bmion below the President's fiscal was included in both the IIouse and year has started. The executive branch is cooperating by keeping the year 1983 request. The internationa3 Senate bills. is retained by the confer-Gov;rnment r,mnine so that we can financial tistitutions are funded at ence for the duration of the continu-
- 4 act today.
Senate levels because of a separate ing molution. reim- ..t t Let us pass this conference report provision adopted by the conference. A House provision. limiting JN; The Export Import Bank is limited bursements for Senators
- Lravel within.
I d and C3 home.. e e._.. . to $3.83 b1Hion in direct lending and 38 1 heir home States was <iropped by the, M m ' billion in guarantees, compared to $4.4 'conierence...m.. f: .comuzacz.:remcz surs ano suntetuY gj ,,,,,_c
- ,f ha conferees agreed to' fund the binion and 39.22 billion, respectivelyf
- - namu programs of the Departments of Com-in the Senate bill and fiscal year 1982. We defense sectionTrovides arate j $qd merce. Justice and State, the Judiciary The amounts in the continuing resolu-of $228.7 binion dollars. but with some N and related agencies r.t thelower.cf tion are the aame as the President's re-specific restrictions /None of thefunds House or Senate ' reported ' bills for quest for fiscal year 1983. Israel would may be used to initiate or resume pro}- ']h a fiscal year 1983..The House. bad tied receive the.same amounts in the con-ects or activities for which funds or N; f the rates to the House reported bH1 or tinuing resolution, and under the same authority were not available in fiscal 1 G the fm al year 1982 levels, whichever conditions. as in fiscal year 1982; that ~1982. There is a specific prohibition } f-j.C are lower.The Senate bH1was report-is. 4785 millinn in economic support against starting production of the MX j $ ed subsequent to IIouse action xm 1he f unds as a grant and $1.4 biHion in for-mtufle and the second - muclear- - . y4 mnmutnr resolution. : " m m. ;;~ eignwilttey sales credits.1550 million powered aircrafL carrier.Jong lead Mi' G L y..;. ~ M n; " /, ['( g e. ~..
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~ ~ )' _3 1 p "H S362 - CONGRESSIONAL RICORD-. HOOSE
- October 1.1SBS, f
only can continue, as was approved $100 million. The two largest of these the lower of the ~ House-passed.or'..., last year, ior one carner. Defense is di-increases. 550 million ior vocational Senate reported bill. For items.that'Th rected to consult with the Appropri-education and 819 milhon for older are contained in one bill not in'they ations Co*ttees of the House and Americans title V sere not appropri-other, funding win be provided at the.'f - Sent.te in every instance where there ate for consideration in this short-lower of the lesel provided in that bing, is any question on proceedmg. and I term. conttnumg resolution, because or the fiscal year 19821evel. .-l d; ~ can assure you we mean exactly that. they estabhshing fundmg levels for One exception is the provision fordi. - We fully expect to have a defense forward. funded progmms that would the Department of Transportation's M bill before ihe House shortly after we not be othgated until next July. The interstate transfer grants, for whichV return from the election recess, and conference report strikes these two the continuing resolution drovides% we can resolve these issues at that amendments. ~ without prejudice to 1518 milhon for highways and 1365 t3 i time. But fcr the continuing resolu.. their consideration in the regular 1983 m!! hon ior transit projects. . r. v tion. there are no new 1 starts, no ML labor.HTMeducation bill. The allocation of these fundsisideEb and no carner production. with !un Another four money-amendments in accordance with the higher of.the N consultation with the committee on provided relatively &n11 amounts to a House or Senate report en the fiscalf - any questionable item. I am comfort, number of important programs, and in year 1983 transportation appropri.3 C; able with the defense section. the interest of reaching an agreement attons bill, which will pedt the fund *
- with the Senate and keeping the Gov-ing of the many important and much'.. ~
mv m wara ernment from shutting dout, the needed projects listed in the House _5 The continang resolution provides that the rate of operations for energy House receded to the Senate..These in nport. and r. ater programs will generally be y"[7 Por urban and nonurban -JormulkG._. grants the Senate had proposed to ap. : - at the current rate, modified to re-childhood Mmization. $4.4 milho". porti a and allocate these iunds.using. 7 quire pnor approval of the Committee nursing research. $1.6 million. 1980 census data. Under the confer 'M' cn Appropriations for the initiation,or The last funding amendment pro-. ence agree:nent. 75 percent of these.. - resumption of any project or activity vides 49 milhon to endow a center at funds would be apportioned using 1980 -- for which appropriations. funds, or Tuskegee University -in honor of the data, while 25 percent of the funds ~'"- othtr authortty were not available in Nation's first and only black four-star would continue to be apportioned on Itscal year 1982. general in the U.S. Air Force. This was the basis of the 1970 census.. .1 Thr. House receded to a Senate requested by the m* ministration and is . use of funds for the purpose of con. contained.in the regular 1983 Ecuse..Mr. Speaker, the controversial <:ues-g.- amendment that would prohibit the w tion of the pay increase for air. traffic.-4 '1 g-ducting studies relating 9 ehnnMn5 .The Senate added a number of lan, controllers was reported back in-true] disagreement. The Senate amendment ;e, .from the currently required *st-cost'- _. -J ; to n"2narket rate" method for pricing. guage a**'sents as well a:.Probably:the amendmentuthat has1 provided dor.an average -6.6 - ( hydroelectric power by Pederal pubbe caused the most interest concerns the pay-hcrease for working / air-tmIficC# q'c : matter of prior year State social secu. controllers-an-increase -that:ls welle c.] powersuthorities' wv < ' - '. . Iity rintmt.This :13 ea : complicated _ deserved andlong-overdue.tr-.* M n '" - wo orormrocwv aczwczzseu-
- The conference agreement removes wtterrith aiong. history..but.Ivant 'The;Housa passed this. measure-dng G
- 7. ' frmrtidr for-the programs of the De r to-make it clear 1 hat 2.his amendment last November's continuing resolution.gg' epartment-of Housing and Urban 'De-Acepsethe door open;for.the States-only to see lt dievith the President's ; m velopment and Independent" Agencies', that have obtained a court decisiondu TE!DJ F' 14-J
~. :~- ? L- ' 'N$$1 g' - from under the continuing resolution theirf avor. -- -.- ' " 1 ^- ~ tat the ~. appropriate time, there v1HaF . - since both the House and Senate have .No snoney would. be provided -ln be a motion made-to s recede and 'eh already adopted the conference report'. fiscal year 1983 ThDe the battle-con mncur.in -the Senate-amendment' Tdf5j tinues in the courts; but provided they - will:have further remarks on thissub@in to ERc 6956. martnr-fiscal year 1983 obtain" a s favorable
- judgment. the ject -at.2 hat time, but at this point appropriations Sr HUD/ Independent
, Agencies.- C State would be eligible for payments would urge my coUeagues to agree to : S1' The conference agreement does in-over a 3-year period starting in 1984. that motion and defeat an amendment'-Y clude langur.ge offered by the Senate The conference' report contains a that would mandate the rehiring of - - to extend the construction start dead-number of other language pronsions fired striking controllers. as wen, including extending the mors-- The continuing Resolution provides torium on nursing -home regulations that programs and activities of theDe>Jk] line for financial adjustment factor .1 (PAF) eligible housing projects from .. October 1.1982. to January 1.1983. by 120 days; adopting the sense-of-the-partment of Interior snd 'Related d lC The conierence agreement.does not in-Senate resolution in opposition to a Agencies shall be continued at a rate.M i - clude language proposed - by the medimre means test; continuing the to mntntain current operating levelsc #' L _ l Senate to postpone the effective date allocation of community service block Six amendments in disagreement cf trnant rent contributions regula-grant money under current terms and were considered by the conferees relat-I i l tions. conditions permitting the funding for ing to the programs and activities of jobs trnintnr to be obligated under the the Department of Interior and Relat-l ta.non uns-roucArrow. Labor, terms of the transition provision con-ed Agencies. The mannrers on the'-2 i For the Departments of ~ Health and Hmnan Services. Educa-tained in the conference report of the part of the House have agreed to the.i'. i ~ tiin and Related Agencies, the conf er-jobs tratninr bill. - Senate provision providing the budget 9 Once report establishes funding levels AH in all the provision relating to request for the strategic petroleum re% 'under the continuing resolution at the Departments of Labor. Health and serve sn that there will be no disrup-.?',, operating -levels and under ' Human Services, and Education keep tion in our efforts to f1D the reserve current current terms and conditions. This is the continuing resolution close to the The House also agreed to Senate.lan-l - i* the same provision as was passed by original concept. of continuing the pro-guage further. conforming to thek :". l th2 House when it considered House grams as they are operating currently. House-passed Wilderness Protection O Aint Resolution 599 for the first-time, which gives.the opportunity and the Act provtsions contained in the House 'Ec. Current operating levelis meant to in. incentive to consider funding these passed continuing resolution to proA@ l ' clu2 all supplemental appropriations programs as part of the regular labor-hibit the use of funds for activities re- <:i and is meant to continue all current m-Education bill during the lame lating to leasin;; in wilderness and wil ' C. programs through the period of the duct aession. .ma. derness stucy areas. The conference,b i agreement sL% provides $36.5 2nillion G- -n-~ u s... nANsPoETATToM ~ m- '.I - continuing resolution.; - I ~ The Senate added 19 amendments 'The continuing resolution presides.~for the contt uction of.the south"'E i.' en its side. 7 of them incremenr fund-that the rste of operations for trans-quadrangle project by the Smithsoni '.4N arL The f unds are made avaunhle sub->;A ing for particular programs by.about portation programs will generally:be. w.w 'D j 4- -1 dj.
j October 1, jSB2 ~ ~ " e CONGRESSIONM. RECORD-HOOSE ~ .i [ ject to ceh.ificathn by th2 ChanceHor ~H 8363' on behalf cf the Board of Regents of from.th Department of Interior to %i the Smithsonian that the required pri-the Department of Agriculture.. lution references the levels set in CQ S. 2939, the itscal year 1983 legislathe 'f d vate matching f unds are available, Mr. km u.A. Madam Speaker, I branch appropriation reported to the yield such time as he may require to The conferees also agreed to provide b d !!90.000 for the expenses of the Senate on Septe:nber 22,1982, togetti-the gentim et from California (Mr. er with certain exceptions. This con- %g Native Hawaiians Study Cor% ion, FAno) a member of the committee. ference aereement. W=m Speaker. ap;, roved the transfer of 35.2 million (Mr. FAZIO asked and was given ts a b co e in salaries and expense money to the per-iuion to rense and extend h:s re-n gR 3 t h; f. marks. and, o include Branch Appropriation Act reported to t matching gran s program within the matter.) extraneous the House on September 9.1982, and National Fndosonent for the Human-p._, g, ;g39, W. ities, and deleted Senate language Mr. FAZIO. Madam Speaker, I rise which would have transferred all re-in support of the conference report. At this point in the Rrcono under W Pnem Speaker, the conference permission which I have already ob-W' sources involving cadastral ,f'te work in the national forest systemsurvey report includes fund:ng for the oper-tained,I will insert a tabulation detail. i ations of the leg:slative branch for the ing the conference agreement on legis-1983 fiscal year. The continuing reso-lative branch items in comparat2ve 1orm% . - ~. COW AIYt $IAII.27Dr Ew BMT (CSUMi10W)IUTHOCTY--lbSW4 U.- L I~w.i~;.. ) . _;. -m pe-m . 8az ma fean ver 7:r.16 b& amu OPERAtl0N5 ~ 7 198i entw - Ita3 meer 3,,, -,m-~ WWj hC sui tausume me.mee a se M.Mann se a. r n se a nesna sneen av asser musucas W se vu hesunt m maart me mum W ou same ce=s = ~ c-metap a se so hemes oc $sw C i seemt naurov se musty haws og meersy oc suurve ama 6cm acaut u::m -
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3-(seen emisste a te vu busen, husas ye. R oot - ro a 6L~~, Masur se mappe a se w=. =
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. te n - icw 3em MT M amerv 1:M im assrv,e eau s De Smau lokt' ~ 1CM - D' ~~I og W te h itm - acJxt "M IC 00C Icn awest ont s se w IcAcc 3000C - Itm laam Qg 1sut esser - - = 2AC tSt-h *w 1.$dC ' 23s 2#. 210 2M 2.30C laa. Wer hemma at 5ssaurs' ~ 43 0u0 43 out o 42000 410uc ~ $**'y* y * ****__.3H. ="* *. G'*:. O -__~m._._.__=._ - U'7AC.- - J01A00 =-- -19h.000 1e d
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m a u - M ^ H S364 ~ c CONGRESSIONAI RECORD: HOUSE .l Octob'cc.1,'198Q. " o ~ cmw. rmem e enn (osucamman--ucsw. em c:mos rmun. rc:n musu m FM5WmW N .. -'~ 5ma na E na g,,, 3,,,, g,,,,,,,--*. i 19t; eeu' 1512 sene: ~ mo a su Prw=wNr-a?!DT 4f15% 89'.fl0C
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m b0 October'1, JSSE y.. 7 7> COVPARATNE STATEMENT Of NCf BUDGET ( ~ K BM CDW4 EISOLUTDt. FCAL YEA II8365 .-toenue' A.ur., e see sma-hxs nr raw wr ISLL manc <umaexaw I m.noinc w Carr. c*a sue aae aumin __ -tw ooc - -uoe n .tu or '. manecernos - 11L174 DDc I?ttDJot 12cJc3coc 2?.J::1m tr.J::ig .t3cca < Careft Oka. naina anc emens~ E*7 * -5M m tiESE 15i'7 oct ts s7000 15inonc us in tv ene sac imce ~ snne ac.m __ - kooca --im ooc sERDo 1Lil5mc M 477 R Gmem av emeda 5 k;rn sswes essas spars apuns ayur) _ name as at x - nJa not nJun uJm S ooca hee:: a
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- -b' ter 1137J00 u?lmo 1.1?1. coo. UriAs
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33f.ir2.m - 4(1.514n00 -4Res1d 6 There is one point I want to clarify, t41u6 cmc LAumaAs3 m "'R3u3us15 D Mu'mn Speaker. In feel that this is the best compromise 305 of S. 2939 a chafve thich willchange to title 44 contained in section enacting the that can be reached. The legislativebeen more than a rimnr partner in_ U branch budget is $29,574.770 below the 5' the effort to bring fiscal policy in line probably save,the international ex. i ~ amount enacted for fiscal year 1982 with the need for prudent public ex. change program from closing down. 1 p and it is $75,062,337 under the amount. penditures. ' .the new language in section 1719 ofrequested for fiscal year 1983. In other L-g- t!Ue 44 specifies those documents that words, we have produced a legislative D '1630 - h. p cf 23ational security, limited public in.are exempt from the program because than the 1982 level, whDe the entirebranch budget th 4 terest or ed o Mr. KDere:ss).ood friend. the gentleman fro h;! Federal budget is projected to increase 4 ed reasons.ucational value, and relat-by almost With respect to these period of time. Once again, the legisla.6 percent for the same air - KINDNESS jk f;r itself, and there is no additionalexempt publications,-the law speaks 9 asked.and his remarksJEN*D P'#*I83ID" 10. r these times thattive.. branch is showing the way in I was accompanying House and Senate re-discretion implied in the law or in the stra y}4 require fiscal re. W. MDNESS 1, rise, ernment.on the part of au levels of Gov. ports that outline the new legislation. Speaker, to Madam g 3 about the conference report which Iv MnAmm pr Spenkn, ~ Senator MTJ this Congress can be proud of thisEvery hiember of this M Torcz.Y, my counterpart chairman in ence support be. h i the other body, and'.I.and the other budget, colleagues, members of the Ap k(' islative brMadam ~ Speaker. The leg. . members of the conference committee Congress, anch budget shows that the ations Commf ttee, that it incorporates in Jts own operations, has an unconstitutional del E egation of au. Q r& 1 gy 4d ,g, W
.w H 8366 CONGRESSIONAL. RECORD...a. H...OUSE October 1,J.SB*pi.9 .e ..mu would like to congratulate the gentle.[C Mr. YATES. MnAn Speaker, first I thonti to the Appropriathns Comn:dt-reported *. transportation.appropri. tee. c.tions bHls, whichever is lo rer. I ast week when the House first con. The one t=ajor exception to this re-man from Florida (Mr. Lupom) on be ^ m sidered House Joint Resolution 599 quirement is amendment No. E9 which coming the new chairman of the Ap.._ the gentleman from New Tork (Mr. appropriates $518.000.000 for Inter. propriations Subcomm! tee for the De-ff ORIEN) and th* Fentleman from Okla. state transfer grants--highways, and partment of Transportation. He has. r homa (Mr. EDWARDS) both brought to $365.000.000 for Interstate transfer done a superb job as a member of that.r~ the attention of the House a provision grants-transit. The amendment also committee for a number of years and F which is as outrageous as it is Illegal specified how these funds are to be al. his excellent handling of this bm-d t.nd inegitimate. located. That distribution is as foUows: bodes wen for his tenure as chairman %- That prevision is the one which Intmtale trans/cr4phways of that subcommittee as well. ..S deems those general appropriation Permrtrania s3t.800.000 Madam Speaker. I rise in support of._ measures which have simply been re-washingtoc. D.C 30.000.000 House Joint Resolution 599... ported from the Appmpdations Com-Hartford-New Brua.tn 40.000.000 I would like to engage the thstin.': /- mittee to be considered as passed by Oregon 60.000.000 guished chntrman of the TrPasporta-J..'. the Iull House. 7" M M0 tion Appropriations - Subcommittee'."' Northeast Ettacts t50.000.000 (gy,9.wu0 in a brief colloquy..s r I share their view that that is an im MYort stau - Am I correct in understanding.see i _ per=1ssible delegation of authority. 000 One of the results of this provision. Mmneapohs - 2.500.000 tien 101(aX3) of this joint resolution _. however, is.nore troublesome. It Twm Clun 11.000.000 to wan that, where an amount is ap-40.000.000 propnated in the bH1 of only:one i would appear to effectuate a legisla-New Jersey - ~.5.000.000 Bouse. the applicable' rate of expendl. E tive rider contained in the appropri. Cleveland ~ r.tlons biU on Treasury, Postal Service O~*h= 12.000.000 ture for that item shall be the rate - and Related Agencies. H.R. 7158, Me=phis 18 M N permitted by the acdon of the one Duhepmor 13mm House, or the current rate, whichever which was reported on September 22 1982. That rider purports to restrict @*,Q
- 000 is lower?
gon And. thereiore, the $15,000.000 ap _ interference by OMB in the regulatory lows 4,000.000 "ptcpriated in the Transportation ap ' activities of the regulatory agencies. 618.000.000- propriations bH1 for Chicago commut-I do not tW it means anything and . Total -it h=? no legislative cifect. But some of ~ _ - Intmtate trentfer-trunstt - er rail needs which is contained in the slos'000.000 House bH1 under the landine "Com rcthese conditionsthat am put in appror Boston muter Rail Service,";but is-not con - S ' Driation measu'es and are given false der Jersey 20 000.000 tained in the Senate bill. should be E life by the continuing resolution need -W=Mnrton.D.C 45.000.000 to be ewned by this House, by this Oreson $e,000.000 made available upon enactment of this ' body, before they4re.given some sort -heramento 18.400.000 bill since $15.000.000 is.less than theJ - l- .cf a semilegal statuscxn -~ = Northeast mtnnts 56.000.000 $20,000.000 provided ior this purposeMm 37mm in fiscal 7earI982? " ~ -.1 . In the absence of any ftuther legis Balumore Mr.IIHMAN The gentlenh 'is cN'orUi .lative language toidefine what -isy e m Brum. -- gg'ono,ong. rect. - - -.; - - - -- - m 4.t E
- 2neant by " interference" it is worth re-
,,.#,,e .There should be absolutely no prob : J. >f 7 c2nembering that the-courts presume '~. .~'. lem in interpreting the intett of.see C
- -.that agencies are properly. conducting Total 361.000.000 J _ - lheiractivities. _ A P -
- i. Other major transportation related tion.101(aX3) as it applies to,the a6d ' <
~ M . -The report language accompanying Trrisions in the House JointResolu. propriations we anade dor commuter==I '
- b. ~
amples of what is meant by "interfer.'s requirement' to apportion and allo. Inent of Transpo e~ this provision does not specify any ex- -tion' 599 conference agreement include rail' service. 'We expect the Depart. - ~ f for commuter transl@% ; enm" and thus at most this provision cate one quarter.4f all man transit able 160.000.000 in the. Northeast and M t= poses no further restricuans upon iormula grants on-the basis of the tion needs tue sctivities of the Office of Munre-1970 census, and a provision allowing 115.000,000 dor rommuter rtdl subsi-t 2nent and Budget than otherwise exist-the Secretary to spend fiscal year 1982 dies for the ChicagoRTA. Further we? expect the Lepa.mt to allomte the ~- ed. carryover airport development con. Then thett ability to carry out their tract authority. This will permit the M0.00L000 for transluon accordmg to 1 statutory duties under the Paperwork Secretary; to make discredonary the distributions specified on page.61.p ; Reduction Act,of 1980 and under Ex-grants.ecual to the amounts of appor. of House Report No. 97-783. mu%w l ecutive Order 12291 having to do with Moned anthnrity which were not obli-Mr. M*WA. Adam, Speaker.Till P 4 regulatory oversight continue in effect gated during fiscal year 1982 but were the gentleman yield? and are not touched by this. carried forward to future yearsTThe Mr. T.T TTM AN.7 yield to my'Iriend.."m ; "If there is any different interpreta-conferees intend that discretionary the gentleman from California tion that thould be placed upon that I grants equal to apportioned authority Mr. MIhWA. I would like to com-i would invite anyone to do that in not used during fiscal year 1982 be mend the House conferees for the ex-crder for the Rzcoan to be made clear. made in October 1082. These and cellent job they have done. Mr. wriu u N. Nadam Speaker, I other grants in fiscal years 1982 and But I do have a question on amend 2 - yield 4 minutes to the gentleman from 1983 will be subject to an obligation ment No.100, on which the House will' offer a mouon to recede and concur.. Florida (Mr. T nm ue). ceiling o! $1.05 billion. (Mr. inthiAN asked and was given We also have brought back in die with the Sennt, amendment with an y permission to revise. and extend his re-agreement the Senate's amendment to amendment. g ;,g,' l ^ marks.) give air traffic controllers a psy.in-Under t. hat provision fia:al yeara Mr. TDThiAN. Madam Speaker. I crease. More will be said on this issue 1982 airport grant funds which might?. l rise in support of the House Joint Res-later. otherwise be lost, could be obhgated in C - clution 599 conference agreement. I I urge adoption of the conference the coming weeks. That is somethinge. - would lixe to highlight several of the agreement, that I fully support. But can the gen-1 major items in this bill as they pertain Mr. TATES. Madam Speaker, w!!! 13eman tell me. did the conferees.$ the gentleman yield? agree, or would this House agree bya, to transportation. - i First and foremost. the conference Mr. T.T TTMAN. I yield to the gentle-adopting this provision. that all or?' l agreement stipulates that the rate of man from Illinnis. _. part of these funds abould be enri e l' spending for most transportation (Mr. YATES asked and was given marked for any particular Ine*h nr.T*.". items be limited to the rates specified permhenn to revise and extend his re-are they to be distributed pursuant.taQ.'. the objective criteria in the.authorQ An either the House-passed or Benrae. m aru. )_,,_ ..,,,,,,h f a .,,y p.-. a....,;. m _..w-w - -.. 1.. -.- .s NJ s.:-~ %4
( T OctoberJ,'1S39 TCONGRESSIONAIRECORDr: BOUSE - fH 3367 4 N tting statute adopted tyahis Congress ~ Therether-bodh.of-course. placed passinost of our legislabon in. just 1 month agD? - - i. s.. 3 Mr. LEHMAN. We have agreed to no -this into the bul and t.tus rmme up tn week. What passes is done hasdly carmarking of any of these funds. and.ed it unnntmou&ly. conference and the conierence adopt-without regard to prop )'!. '1 they should be d:stributed pursuant to 4 existmg statue. The purpose. of course. as the gen-of safegur.rd and scrutiny. The result r ] Mr. CONTE. Madam Speaker. I yield tlema: inows for example. the TVA is bad procedure and had law. AlmostU myself 1 mmute. has in the law that it is required that nobody knows what is being-passed. 5 1 Mr. ROUSSELOT. Fahn Speaker. they charge enough to cover all costs and nobody at au can assess the nskofi .2 what is being passed. and this is-an investigation to look 2- ? win the gentleman yield? Mr. CONTE. I yield to my friend into.the possibnities of raisms those In the name of ' expediency,we have rates. roned an of our approprtations into a , rem California. e single foul-smelhng Right now there ls not much sympa. amendments; we limit discussion: thenlump. 1 Mr. ROUN.OT. I appreciate my thy for that position and it as some we tell people we had to do-1t or the b)' ' coueague yielding. . thing, though. that.if it looks like it Was there not some defense spend-h has some merit in it when we come Government would close down. We do not C there was. The back or whenSe set into the next ten them that we could have I year. When we have regular. hearings. ouslypassed -the appropriations blus previ. S Se a gure. O f2g* r is U ks Eke t justifies a hearing we U if t I lion plus and the Senate figure vas [. d a hearing on R and Worse when our odious 1 ump pas'aes 2 to the other body.'it falls into a worse .F 2 3:33 bilbon plus. go into 1 lion below the Senate figure.-So the IIouse figure is about 5 bil. ~ hort notice in the conference commit W tees and individuals there 2nerrny .N 1 s Mr. ROUSSELOT. $5 biUion? T** RDd 85 I 88Y. th' Oth'T b dY I*It sttach uongermane nonsensim1.-non. i' useful. nonstudied. . nondebated L Mr. CONTE. 35 binion. very simngly they had-to loot into it. amendments as a matter of courtesy Mr. ROUSSELOT. That is a real We had not. But the members felt mach to the other. It is of cours say.ings. unanimously that this should be pro-F- -l Mr. CONTE. Yes. We did a good job vided and it should be looked into-taxpayers' money to pander to s 3 here. more thoroughly before.any such e I do not knowif1.he gentlemanwas action is taker ~ ' ~ greeds, most of which have no-broad ' d! in the Chamber when I mentioned 2. MAR. I thank the gentleman public purpose. and mnnt of which are - M. that the young;alasher _has notified for.his epinnation.3 find it difficult counterproductive to videly amepted' ~ that he expects-the President is going to understand '.:why we ewould snot social goals. 2 - .r.::. e., to sign this hill and he is going to rec. permit the Energy Department 1o do s :I do not propose 163eform tlie ottier ommend that.the President sign this study-on-the market rate pricing for Ibody. Far abler people than I-have .hiU.>. , w
- -e.2,.-:, O - m- :,
hydroelectric power.:and make;Jegitl. broken their; picks on ahatM*I do Mr ROUMMOT That is@ mate changes that need-to be made-in.however. accuse this body andits leadI f 1 O good news.Joumeanthe Government : reforming the pricing policies: wheth-ership of enmuragmg trresponsible de- *
- p
-can go on? :.- - v.. s- . % -2 portment tu the other body by ac JMr. CONTE. The Government.can ty.-erit.isthe-TVA orsny other.authort _1ng the frrvolous. unnecessary, cept- --m. fun-e -.go on and all.of fou folks can go back -"'I find that'that language-in amend..h the o&Wdy - - .known. -nongermanes-amenhts - -l home and campaign.~ ment-99 is' inappropriate for.this an,-,y.We hhentM'hdM -- ' m.. d I .Mr. ~ROUMMOT.& intend that.. ... ~. .w-..~_ r.;.to-do -tinuing resolution. xs . I understand the gentleman's yrob. 7N e m mu. They.become. law,. ladies. and gentle- ~ Mr. CONTE..And Lbope.to.aee-you -lem bemmettwas a Senate sideprovi men. se laws generate c@enses yp 1 all back here after_ November.29. '.. Wem _Spede<1 reserve lhe bal andtake.CC.;.sion and:there.has.to.be:a.little give-and deDeus and reF*n.and create .. - beeds.for_more',pureaucrah in-cur h. c -.. t. ance of my ttme"~;~. %... 3...'^ A U"'**'W ' ' M " ' - ~~ r ~ 2- ::.: ^2:d # : -n. m x. Let us get to the-case in poin't..I'n i $ ~- ' - -L' '. 2.!.r. w2m.u d. M2Anm Speaker, J . m-A - ~. ~- yield 3 26aes to *.ne gentleman from -I would have preferred this continu. this resolution. I am told, there are 50 a Taylvania (Mr.IDGAR). ing resolution not have this language &nste amendments of various kinds t 2 (Mr. EDGAR asked and was given and allow the energy agencies to pro, and descriptions that are beyond my 1l{- permission to revise-and extend 11s re. -ceed with.its approach.in.looking.at ability to describe..;.,.m. marks.) '1 1.','f*..* ~ f s 1 market rate pricing.v.. ~. t 'Mr. EDGAR:"I-thank the chairman When we put our resolution togeth. for yielding and want to cc:rmmd the. nation 1n clarifying this. u.-I thank the gentleman fortis expla..er for some reason we y@i pass appropriations bills we rolled an co==1ttee on their conference Tepc:t. Mr._BEVILL 11 the gentleman win the spending plans up into one. We ibq t particularly in deleting the language yield further, as the gentleman no. gathered together an of our wildest f possessed by the Senate relating to tices. At does not in any way in'.erfere current spendmg dreams into another [f the Water Resources Council, with the Federal Energy Regulatory malodorous lump. Parentheticany. H, I would, however, like to request of Cammwa' which. looks into these while we are still waiting for the real the chairman of the Subm*Mee on - matters, bins, we probably ought to slow spend-Wa.*r and Power if he might answer a Mr. CONTE. Mr. Speaker. I yield 5 ing down-to 85 percent to give us an 'M (:v questiot. elating to amendment 99 in minutes to the gentleman from Minne. incentive to pass our real appropri:-- the bg], ~ ations. Instead,we mannred to arv=eley. q'j sota (Mr. PaENZZZ.). - I am concerned' about why - the h House has accepted the language of;. (Mr. FRENZEL asked and was given. ate the spendmg in thisresolution.- ,o permiuton to revise and extend his re-r Then the other body did its usual T. fered by Senator SAssER to prohibit.2narksJ s number. During its mmmittees'.show. funding of studies and pricing policies Mr. FRENZEL Mr. Speaker. 2 regret :and-tell session. -it added '100 amend. y for hydroelectric power. Can the gen. behind the acceptance of the languagetieman indicate to us the ressoning. body's-attention to what onl ,d thatit is again necessary to invite the 'M described as a totallack of controlIn *capted about half of them. Which. O contained in amendment No. 997 Mr. TEVILivMadam Speaker. wtIl.this body.our rules. procedures, and discipline in half. I do not know. I do not want to M take a cuiz on the contents of this res. ]'il! the gentleman yield? '. .The end of any legislative session 16 -olution, and I doubt 2f manv.cf the dA Mr. EDGAR.3 am happy.to yieldto :never any event:to. inspire confidenw =conierees wouldliketo either.. the gentleman'from Faha r Mr. BEVIIL I-am-glad.to answer.in the hearts-of:the. moverned..Due ?The chairman of'the other body's T['.l 1he gentleman'squestirm : ~ s c solelyuto -our own 'unwmtniness to. Appropriations Committee was truoted '. d N .rnanare our =ffatrs gnpaney,,we in this morning's papenas foUows- **I r-X q / 3 L-.
m.' \\ - m. a W UE836S ' - "" 7 ICONGRESSIONAI7 RECORD;-TOUSE. f Octob,cil.1SMK.. - admit.we probably added nlot of gar.. amendment modified Senate language was included in 'theI 1980.198L. ande:C bare in it." ~-. - - related to State claim for Federalre-1982 appropnations bills. As you know-t-~ Now, most of us would agree with tmbursement for payment.s made the vahity of these appropnation ~ that statement, but everyone ' Tho under AFDC, medicaid. title TI social hmitations as at the heart of the case C 4 votes -f or this resolution today accepts services, and other Social Security Act currently before the courts. This lan. - ' d that garbage as his or her peJsonal re-programs. guage does not prejudice the outcome 5. sponsibility, because you are ratifying Because of a large backlog of old of this case nor does it affect payment 3. .i those actions, outstaning State rinimt in 1980 Con-of any claims for State expenditures' ' i I want to just note a couple of the.gress enacted section 306 of the Adop-after fiscal year 1978. It merely pro. l Mdes that if a final judgment is ren ~9 . !tems which. contrary to our-rules, tion Assistance and Child Welfare Act J-invade the jurisdictions of other co:n. of 1980 (Public Law 96-070). This sec. dered against the Government thatl mittees in this body. I again have not tion es*4bhshed procedures for the dw payment of the judgment will be l had a chance to andrze this resolu. position of State rint-m for AFDC, spaced out over a 3-year period of time '.
- tion. and will not have an opportimity ' medicaid, and title II socal senice beginning in fiscal year 1981.
- ; ~7 - - for the next touple of -days. -but I payments made before October 1979. Mr. Speaker, I vould-say to the '.; - imagine that most of the committees. Also. in order to prevent a efin' chairman of the ' Ways and -hicans~ ~~' in this body have had their junsdic. backlog from developing in the future. Committee that he is correct. tions invaded. States were required to submit future . Mr. ROSTENKOWSKI. I thank the ' --We are gomg to spend $85 mHlion to elatm under these Federal / State gentlem s.n. . buy copper from a stockpile which ev-matching fund programs within.:. J -" -erybody knows we do not need. which : years followmg the State expenditure. 'O 1650 - ~ 4 hey cannot give away. And yet we are .lt is my understanding that the De-
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- - -gomg to saddle. the taxpayers -with partment of Health and Human Serv-Mr.mm-M. Mr. Speder,I yield .iees, on the basis of languages con
- 2 minutes tc the gentleman from' Flor ! ' <
- : -4 hat.-. ida (Mr. GusowsL Je are going to tegin a system of tained in subsequent appropriations .1mport licensing of steel. which,has.. bins. has impmed a 1 year time limit Owir. GIBBONS aske'd and was given ~ - never had a hearing. which will add.on the flhng of both past and current permRtion to revise and extend his re-g3 4 enough regulation in - at least two clatms The retroactive != position of a
- g. -GIBBONS. Mr. Speaker, :.1 ~ - l
- _.... major departments,to delight -the 1 year fntne period requirement made. intend to vote against this conference prmters of the Federal Register.for.it tnpossible for States to obtain reim-generations to come-and require regu--bursement'for millions of dollars-of -report. and this provision /the provi..
sion.we.have been ^*n" _hereC- .lar - supplemental-appropriations.,for..Talid einimt for payments made in pm dealint with amenrtment.No.55 ' pre h'- more bureaucrats. ~vious yearscHowever.,in July of -this . Eow..just a few minutes ago we de-year,- a U.S. court of appeals said the sented: by Senator.Erntz ' of :the O' ' Sennu because it was sneaked - ,-,.; bated the h21anced budget. amend.1-year futnr penod restriction'was not -throug'h. It never had Any proper cond- .tnent Our orators blasted away on au valid with regard to clatmt forexpend zideration. The Wnwr cylinders for fiscal disciplinecAnd that itures made prior to October 1978 and ,is wonderful.12m for1 JBut I wonder -directed the Department to pay all le-ed in snenvinrit t.hrough. Itis going ..how manv of our colleagues-whostood gitimate pre-1978 State cintmt.._. o k very mst.h sets a.dangemus yc - m --'. fso tallJor discipline on M-d budg-Amendment Ro. 65.-contained in the j -eta-are going to cave-into the lack of -conference agreement - beiore -the a in s. highg{,. E s th M n- - d2scipline,'the undisciplined anarchy House today, does restrict the spay. est wages in the world; the. highest.;gy 77- ) of this bul.Iwill notNr." Speaker.' ment of pre-1978 during finen11983.It I cannot tell my constitutents that I.provides that all.such.rInimo-deter-that o g ed W. :,.., _g"T._ ~ -seek order and discipline in budgeting mined to be valid by the courts would unWare n en q 7, l-
- -unless I seek it in the appropriations have to be paid -during fiscal. years It, in effect says that[becruse;yo;ugp
'A " process and in the general procedures. ' 1984 through 1986 accordmg.to a pro are in the steel industry 1ou can*gety ; - 'I shall not Tote ior this continuing res-extraordmary. protection Jfrom thisy cedure to be. established under the #'overnment.-vithoutTmving infuryJg
- clution or anythinglike it--
Social Security Act.w . - f-c-'The-bill is a substitute for' honest It is my understanding.that this ht h a &nmus Meeden L g4 wo*k. It is a convenience over disci-amendment is not intended to preju. something.11 it had ever received.any 'l ' -- e pline. Regrettably -it will probably d2ce in any way any court case pertain-consideration in the other body. I am - Q ' pass, butI will not be responsible. ing to these rintma. -. - sure it would not have been passed.h.-s.: 1 Fina!!v. I know this is a difficult. im- "With regard to State rintms.for ex. -.The debate over.there.does.notae-Fra
- perfect. fragile - system,. requiring penditures made since fiscal year 1981,.flect' that it was ever 'accurgtely de-v"rz 1 i
--- -comity.. sensitivity and -tompromise. it is my underh"n? that.there is scribed by Senator EzDcJ the Senate.p 1 A.- There is-mor.e -so naire, not-even.I. nothing in c.this amendment -that if there had been anyone on the floor,% 3 'thnt he does not expect a little give allows WR to go beyond or be more and I do not know if.there.was more y-' y and take. But you. Mr. Speaker, have restrictive than the requirements and than two or three present.. i not given us give and take. You have pro dures contained in section 306 of It is a very poor precedent. I regret t - given us acpi us. - Public Law 96-272. e thatour. House conference.saw J11.to.jr. I - My negative vote will be cast both in Does the distinguished c.hatrman of adopt it.._ oO&t g t anger and sorrow. I am enraged at our the Committee on Appropriations I hope it w!11 not be too expensive I. r -acceptance cf the total breakdown of agree with my underendme lof the for the United States. It is going, tow-b a.. orderly procedure and-angered at the -intent and implications of this amend., cost a lot of money.to.mitminister this:J*; 7 t; . shame, that is: consequently reflected ment?
- .... program, and.it.ls going Mr. wmuzA. Mr. Speaker
- may.I Trice increases..n'dw;to be mstly.inW n
l-in this institution..m f % :L r.a ,,. sig ?. w M- . Air. wmurN. Mr. Speaker..I yield turn to my colleague;the chairman of Mr. Speaker,I oppose the motion to, .i-u 3 minutes to the gentleman from Illi-thesubcommittee which deals directly. recede and mnene,in.the.Senale;2 . c: 'nois (Mr. Rostrngowszt), the chair-with.this matter. the gentleman from
- k.. _.cman of the Ways.and Means Commit. Kentucky (Mr. Narmn).
u..would authorize theEecretary.of _the$.- tr amendment. The Eenate amendment rn B lu tee.-
- r" c-v-R L
-Mr. NATCTT7R Mr. Speaker,-the Treasury to regulate imports cf steeM;D - at Air. ROSTENKOWSKI. Mr. Speak. language agreed to in amendment No. rmill products in order to monitor and'rch -tr .- wr, I would like to address the distin-65 affects only those State expendl. enforce foreign export restraints.cn*n tr guished chairman of the enmmittee tures which occurred prior to October. acted pursuant.to-an agreement.be " O ~ b( - son Appropriations-for the purpose.cf I.1978, and which were not suhmitted tween the Un'ted States and.a-fo ! clarifying the intent of.nmendment.by the States within 1 year..Ianguage 1rovernment. The purpose of.thiss) ' 'm -No. 65 in the conference report.jI'his prohibiting; payment of -these einimm.-vision is to give.the Nn*ation m lm m. gW . ; _. ;c ,a 7 .f- ~ l I ^- \\ a / -6 e. f,,
' OctoberT M CONGRESSIO AI.-RECORD-'-POU5E ~ H 8369 ~ ? thority to enforce s cartel-type re- ' (Mr. EORTON asked snd was given Prmdential oversight -of the-regulaury } l straint arrangement. The-ah"tistra-permission to reme and extend his re, pmeca mm >> dupbcanon.a.no conthet j tion is cu rendy negotiating such an marks 3 s of reniaum and insure weD-reasoned reg. agreement with the European Eco Mr. HORTON. Mr. Sxak. legisla- .N Pa E-QOQ a xe -3 preanme; nomic Community-in order to settle tion that.affects the enttre Govern-3 j pening unfair trade practice cases. ment frequently has undesirable side ork Reducuon Act is designed ry Let me explain my reasons for oppos-effects t.nd this conference report is g m., the Nero mmork burdm.
- I
('i ing this amendment. ~ no exception: I want to erpress Iny for indmduals. s:nal) businesses. State and i local governments, and other personr. to lA M First. the effect of pWnr this meas. concern about one cf those conse-Wm the cost to the Federal Govern- 'f b ure TUI almost certainly be to au* hor, quences" the potential impact of this snent of cobeeting. Instntauung. using. and 1:e immedate curtailment of steel im. measure on the Office of Unwe=ent d:ne=inatmc tn!cmuen. u4 UAC. 35 ports. This wul have an impact on cus. and Budget. .j _J tc=s revenues of potentially signifi. H.R. 7158. the Treasury, Postal Serv-And acco=phth other purposes. S cant proportions. The' Congressional ice, and General Government Appro-These laws require all Federal agen-h5 Budget Office today advised the Ways pnatons Act for fiscal year 1983, in' cies to fulfill cer:Ain duties. And OMB fi d and Means Committee in writing that cludes funding for the Office of Lian-to exercise central runngement au-Y if the Secretary exercises his authori agement and Budget. As reported bT thcrtty to insure that those functions O ty as contemplated by the amendment the Appropriations Committee. the are performedin a consistent manner. h it would have an impact on tariff rev. bel contains this restriction on OMB's Both of thalaws are clearly rea-i enues in fiscal year 1983. It is clear, actions during fiscal year 1983: sonable exerciscs of authority under i d therefore, that this constitutes reve- .Pmesded. That none of the funds znade the Consitution's directive thAt.Jhe President *take Ca elhat the Laws be [iI L 3 nue legislation which should not be sva:lable by this Act may be med by the laithfuMy executed....** (Artilcell. Gt considered in the context of an appro-o emmt and B get to g[jQ( n priations measure. --^ secuan 3). Tnis mandstr -was given ){ A Second, and more important, this regulamry agency. fuller nnhnnHon -by the Supreme prortsion wouldestablish a-dangerous The companion Senate bn!. S. 2916 Court in the case of Myers against
- g precedent, because it-would allow the as reported by committee, contains no Unimah y-a
~4 President to conclude restrictive bi-comparable restncum. .The ordmary duties of ofneers prescribed - '1 hteral restraint agreements without Although neither of these bms has by statute come under the general amw aS any of the safeguards and procedural. passed h Huse, and neher is even tratne control of the President byvtrtue of n requirements contemplated - by -exist. expected to be considered before.the me seneral trantto him of the mcuttu p ing law. Section 201 of theTrade Act. October. recess, the continuing:resolu. powercand be may pmperly supernsew +r g cf 1974 currently permits the Presi-tianihas elevated them ior the period guide their-construcuoniof -the' statutes M j underwhich they act in order to secure that p; dent to negotiate and carry out a bl-from October 1 to mid-December lo umtary and umform execution-c! the taws - ! 3 y lateral restraint agreement with a for-. the. status nf hHis which have passed which m H ei m@nsutuuon endent-j i g-clgn government,butnotuntilthereis their respecuveHouses/ - - ~ - ~ D~ " * '
- 8'"d " " "
d W .a Dnding by the InternaumalMe The resolution further provides ihat
- k' D f"*"I""' N M N I I 3
-Commktion that ' imports '1tre a sub-when, as jn this case, the bills have in ' - N -"t-y stantial cause-of serious injury. The cHect passed thelwo Housesh-diner-.Jor1nore than 40 years. Presiden' ts. c. f - Congress has.traditionallv-been un- funded by the.le@h shall be con--ent forms, an activity.which would be have ch ti _ { wHlmg to delegate broad' Presidential secure unitary and uniform execution ^ - - C thority,Because theRouse's authoritytinued under.ibe_more restrictive.a .k authority to-testrict i= ports without m cttar+ 9nr very clear conditions such-as those laid down in the Trade Act.The for-OMB is more Jestnedve,Jt wm ecess r with the authonty to coord!- .y e-Senate amendment-would therefore becomelaw-once_the continuing 7eso-nate the-activides d.elecutiveagem p represent a-fundamental chance in lution is enacted. .cies. FranWn Roosevelt -fw mmnle,.-. p U.S. trade policy which wH1 establish a Whatis the interference with rule-transferred that Ofhee ifrom the J precedent for,ther industries seeking mmMnr autMrity*' that OMB wm bg TreasuryDepartment to the Execuure n 7 such treatment. By pnung such au-precluded.frorn doing. and what is a Office of the Presidert to insure that 3 y thority exclusively for1he steel indus-.. regulatory agency"? The second part the Government as a whole could per-u, t.- try, we are tening cther industries of the quesuon is simpler;it seems rea, iorm "promptly, effecuvely, without s that we adept special. rules for those sonable to conclude thata " regulatory waste or lost moMn"- M-Cmars- }r' with politter.1 muscle, but others must agency *' ls any agency whichhes sloxAI. Rrcx>an 4741-(1939D.-Richard - 4 t simply live w!!b the law the way it is. regulations. The first has been the Nixon gave the Office additional man. 'j ;' r Third, and most troubhng of all to,, Meet, d more discussion. ~ T have agerial duties, saying that-- y m3, this measure was never considered heard some speculation that this pro-The President inust J.~..have a substan. - a by the r,ppropriate committee, either Tiso is intended to prevent OMB from natly mhn-d insutudonal staff capabmtr k[ in the House or m the Senate-where carrying out its responsibilities under 6 (mom areas of executtre manntement-Executtve Order 12291'the. Paperwork l P*"m**I# I"a*m*a**s. h m"I"*"u"m**d ** it began as a last minute floor amend-encued " Fed-eral Regulation." and o r< m;nt. The addn%Luon has not d taken a unified position on this major Reduction Act of 1980. Both these actions were taken in re - ' t 3 revision in our trade policy. No hear-As the ranking minority member of orgn"mtion plans to which the CoS C > C. ings have been held to examine how the NmMttee on Government Oper. gress assented. - " g, g ~ ? this would affect the-domestic econo-ations, which has both legislative.and . Executive Order No.12.291-and the K mr. It could be that such hearings investigative jurisdiction over OMB, I Paperwork Reduction Act are merely e [ would reveal a need to smend our have devotedmonsiderable attenuon to -two recent expressions of'this histori ".. -- a H unfair trade law to provide some kind n,wning the work of that agency. J cal development.'Ibe Executive order - 1 F ? can assure the' House that the restrie-is carefully crafted -to protect each Cf general settlement authority. I i thtnr we should examine that issue. tion contained in H.R. 7158 does not agency's ability to issue-its own Tules But we should not hastily and covertly affect OMB's legitimate exercise of au. under the Mminktrative. Procedure 4 authorize a special <ical for one indus-thority bec=e th.e agency.does.not Act and other' statutes. subject only to - 2l-,q/ try and in doing so change established interfere with rulemmunr n2tthority additional adminktrative reQuirInents v ': 9 trade policies. I, therefore, urge Mem-undereitherof theselaws. and consideration of advice from the I bers to reject the conference report. Freenuve Order No.12.291 is intend -Presidential Task Force on Regulatory ed-M~N.be" burdens ef nfef, b.. Relief 1Lnd the Director of OMB The - Mr. CONTE Mr. Speaker,Tyleid 1 s
- 7. "r
~ ~* ' Paperwork ' Reduction Act m!y re-minute to -the gentleman'from New abWty 1or regulatory neuon&, prodde ior states, in clearer and :more detaDed
- 6. N future +esulauons, increase maency namunt-Tork Udr. BOrrON). L D!
teTms, a Tunction which since 1942 bas f g] ~,, ._ j q,
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M".J f- .s%r CONGRESSIONAL-RECORD)=-HOUSE defober71/JSB!N < H &370 m . been considered a normal part-of the tee because they figured ' hat they had th'e gentleman should not hive beif t procedure for issuing forms. At most. a situation In which they could take imposed on like that. Mr. COh IT Wait a minute, no'Q.e,.- the prohibition on interference is adiantage of the iact that the Govern. w - simply a caution that OMB not go ment would have to close down. And There is 10 percent unemployrc.enL.. beyond its legittmate authority in car-there was no conside atan. of this steel mills closing all oser therountry. - i rymg out the two laws. matter.. This is not a protecticmst measure. s Mr. BROOKS. Mr. Speaker. I rise in And I reali7e the gentleman is a very This is an t.ntidumping measure. With7 support of the conference report and conscienuous man, and.he doe snot people out there on the.unemployb commend Chairm Wmm and like to obfuscate. and he is not obfus-ment 1mes and the soup lines..we f members of the Appropnations Com. cating. But there was plenty of it on should start f Mnr care of our Ameri.T mittee for the diligent and careful the other side of the Capitol. can workers. '*~ though that went into this measure. Mr. COh"IT. Well. I appreciate the Mr. GIBBONS. I agree with that. However. It is my understanding that explanauon of the genueman from but we must look af ter the welfare.of H.R. 7158. the Treasury. Postal Serv. Florida. They are not the only ones all Americans--not just a few at thed fee and General Government Appro. that use the Appropriations Commit' expense of all other Americans. n.i.." priations Act for fi. cal year 1983. con. tee. This House has used us time and Mr. MYERS. Mr. Speaker. win the. - tains a provision which prohibits OMB time again because they cannot get a gentle -un yield? C from expending any funds *to inter. certain bin out of legislative commit" Mr. CONTE. I yield to the gentle 5 fere with the rulemaking authority of tee and then comes the Appropri-any regulatory agency." I also under. ations Co==ittee on the floor of the man h ih% he hs a h bit about steet stand that this provision may be taken House after months of hard work and ~ Mr. MYERS. I tMnk the gentlemnn - by some as a prohibition against OMB out comes an amendment saying no in carrying out its responsibilines funds shan be spent for this or no forytelding -- tmder the Paperwork Reduction Act of funds shall be spent for that.. - IL is too bad we had to do it this way.. _ 1980 (Public Law 96-511). I do not be. Mr. GIBBONS. If the gentleman I am not sure who is right in this. - - lieve that is the effect the Appropri. will yield further. I want to make it issue. But to. attack.this committee, ations Committee intended this provi. perfecuy clear.~the Ways and Means when we went over with the Senate. sion te have. Under Public law 96-511 Co*ttee was in no way derelict on with over 100 amendments.-and you OMB is ' responsible for insuring thaf this. We have never received a request should have seen this bilt If Members ' - - s be o eci It k~,y It 2nott by emb r o be o me ods co lect.-use and dissemmate.needed in-There.has been'no-bH1 presented -in a conference.Me had to; concede.in formation. Clearly, the provisions con-the House on this subject This one someissues~ g ~ .,m _ _ g.g was p1ninir and ? clearly sneaked - What the gen,tlem,an from Mmm.- -c tained in E.R.5158 does not chenye or in any way modify OMB's authorities through theSenate by the u *
- a.
chusetta says as, absolutely., right', c. Maybe this is not the bill that shouldjg -a under the Paperwork Act&urthereno tion sad by the Senators who couuded - reference was make to the Paperwork -indt. - - 7 have-been amended. Butiwould.the - ' Act in the hHl. Since Public Law 96 by the Secretary of Commerce to Sen.Mr/ CONTE.Thave11etter written Members Antree-about w 511-does not authorize OMB40 inter-- trying to do for: Amencan., labor. toi'.E'- fere with the rulemnHnr.autbority-of atorllEnc on September 29,in regard protect-and keep them.on the job]M Tegulatory. agencies. a -Srohiottion ; to the steel amendmcnt.~Be said;-. " Maybe :this-is.not the. Tight-vehicle.:'d ' mrnintt-such activities wculd-have no Tais amm*mmt would tacunat#the but it is.the only one available_ righty -implementauon and-enfo.h me-h in wmr-it. Maybe-we should.haveAc rcement -cf-the.now.&iaybe the other body-was wrongai.'c - -effect on the paperwork legi<lnMnn.e - %,3,,wg. Mr.: CONTE. Mr. ~peaker. I yield t.of-.the current 2nAde a greater fight. But'it was a con. ; myself such time as Imay consume.. Community In- ="th anudumpingand counter-venmg debt cases. ?-Mr; Speaker. -it ts easy 40.take the The proposed-prtmston, narrow.as At As femnce,and yWhaQ Weand take7,g - well and-lamb.sst the Committee -on in product coverage, curauon and pre-in a conference. The genueman.fromw Appropriations. But these lamend-retr.usites dor -appheation. mm.it : con. hda has been in manv confereneh ments were not instigated or begun by sistert wnh the actmstrauon poney sad .Mr. GmBONS. Mr. Speaker, will theg the Committee on Appropriations on appmsch to our enorts to resolve the steel gentleman yield? .~..t mde tsme Mr. CONTE. I yield briefly to the the House side. Neither were they in-sugated or adopted hereln-the House I might go back-to the first para. genueman from Florida. m-g. graph, and in the last line ~ of-that... c. -of Representattves. paragraph. -he.says/ "I support this -.g.1700 " * ~ Eh II'his argument-should be over in the ~;-n.- y E-other side. It was the other side that amendment." Mr. GIBBONS. I agree with the gen ~r;p So, that is what we have belore us.- tiemnn I xant to make Jt,perfecuyFfr put these amendments in. - ~. . Mr. GIBBONS. Mr. Speaker. will the -Mr. GIBBONS.r lf -the gentleman clear. I am-not attackinr any.Membegrt gentleman yield? will yield further. I will try to be brief. of the House. and that, of course, in-Mr. CONTE. I yield to my good That letter was never sent to any cludes this Appropriations Committee i -friend from Florida. House Member. There are plenty of and this conference committee. _..L ~ . Mr. GIBBONS. I thank the gentle. bills in the ' Senate that this amend-Mr. GIBBONS. But I want.to7s.I %yf,G Mr. CONTE. I apprwin re that. l E i man for yieldmg. ment could have been attached to. and a .I realtu amendments were not put we could have had a discussion of it. again, there are manv-bills overJn Abe-d L In over here. I cast no reflections upon Some of qur bills have been lyingt Senate that they could have easily.at N any3nember of the House conference. the Senate.-noncontroversial billstfor tached this to. We have been havingDd I.am reflecting severelympon the pre. a year and a half-for a year and a. conferences with the Senare all weet E senter of. the amendment,Jn s.the half-And.'for some reason, the Senate on a number of bills. No one evermen-h-' Senate..He did not accurately describe has never been able to even move tioned this, but that is the truth. Thath2 it. And I do not know who.else was on them over there. They are noncontro-is all that happened. They took advan-J.. J., 3 the floor. There has been no request versial bills bills that affect ninny tage of the lateness of the.bour-andE26 2 Members - of this House, bills -that, theurgency of the appropriation from the artminktation to ever take up "1 passed here by nnantmous consent, ess -to the operation.of.our Oove - anythint like this. They deliberately that they could have connected them bypassed the House. ment. -.... i There are plenty of vehicles over in to, but they just chose this vehicle. Mr. CONTE. Mr. Speaker. I yield to W the Senate for dealing with. subject They took advantage of the gentle-my good friend, the.genueman-fromi ~ matter like this that they could have man I am sorrythey did, because the Ohio (Mr. RzcmM. :- e attached this amendment to. They gentleman is an honorable man, And .Mr. REGUIA. Mr. S'peaker.3 ME just used the Appropriations-Commit - m n Q.,,,. 3,,, - _..... g - the gentleman Ior,yieldmsc; 4 y q 2 !g h ~tn -- - :.. r. ~'~
~~ m, .,r-- ie i - g M ~ M October 1,1989 ~ CONGRESSIONAL RECORD-HOUSE H33h- . N I think'it ought to be clear, as to -In this connection; Mr. Speaker. I Mr. MAZZOLI. Mr. Speaker. I thank %e what this does. The Commerce De. wtsh to pay special tribute to all the the chairman for yielding. d pr.rtrnent has brought actions on staff of the committee. The prepara-I would direct rny inquiry to the gen. b dumping. It is negotiating a settlement taon of the report required a great deal tieman from lowa the distinguished h ,.a of these cases vath the other countries of cornpetence. This resolution includ. chairman of the subcommittee.. i.i on a country-to-country basis. In order ed financmg for all the Government, it Amendment No. E8 in the conference $b to keep accurate control of what is involved all subcommittees, and there-happenmg. this provision was request. report deals with the addition of what d!!. ed. ~-' fore all the staff shared responsibility. amounts to a pnvate immigration bill It was possible tnrough a deter-to this continuing resolution for-ap-yll It is not a protectionist issue. It is a mined effort by the staff to fue this propriations. M matter cf administertng the existing report by midnight last night so that I ccmmend, first the chairman for dump:ng laws. The aWistration it would be available for censideration t-needs the ability to request export li-by the House today so that essenttal harmg added the statement that it does not constitute a precedent and - b' censes from the count y of origin so it functions of Government might con. can have a control to implement the tinue. that it is a highly unusual proce' dure, agreement that is not being worked Mr. Speaker -espectally since I have I wonder if the gentlemari might 'b' out to stcp the dumping of foreign been chairman - of the committee. I help me. though, by perhaps adding to AN steelinto the Amencan markets. have been impressed by the dedication the legislative record on'that. 9-Of course, we have on the' books of our staff. They take pride in their he gemueman from. Eentucky is c many statutes to ' prohibit dumping. work and I must say I have never seen chairman of the subcommittee. and tr' but to adequately implement them another group which constantly dem-deals with these pnvate bills and, of g this is needed. onstrates --such smooth -teamwork. conne, wonders about the procedure I understand the gentlemn's con. They always try to do their best for where they come back attached to an cern about the procedure on this lan. the committee on both sides, and for appropriation bill. %gg Mr. SMITH of Iowa. Mr. Speaker,- y guage, but I think it is a very impor. the House. _. - i tant issue because Commerce is in the Last year 1 think' we worked W will the gentlenan yield? process right now of negotiating these hours. two tights we stayed up trying Mr. MAZZOLI. I certainly will. .g casesind the mMnktration needs the to get through the myrtad amend. Mr. SMITH of Iowa. To start with. I L ability to request an export license for ments. Last year we did a good job, take a very. dim view of these kinds of y steel coming into the United States. . and again this year we have done-a bills. .y y i Mr. CONIT Mr. Speaker. I want to good job. I understand this conference. First, we determined.that a bill.had %j thank'the gentleman from Ohio for agreementvill be signed. - . -- been approved by the Judiciac Com-: ' ['h t his explanation. had a very. tight bill moneywise and 7tmr tommittee on the House side mittee. Had that not been the case;we-G Mr. wm nLNr Mr. Speaker. I yield would not even have consideredit. c U - 1 myself.3 n imnaJ. 1 "s' tops here. it most-of-thoserthtnrt that tmder -theotherwise..and"wertiid-refrain.from. .ef ' Next we were told that.1.be 2wolndi-- J
- i May1 say, the problem ridualscthe bill.was fors motherand ~~
1 iYJ rests at the steps 1f-your Appropri-: rules of the other body arepermissible her soneand doesnotinvolve a general TL P ations.Commithe.11t.does.not start-on aTesolution of this kind." *r immirration bill.xould -have todeave' E ' ji here.*When~this-Congress provided ."So I1ust want to sayve did our best; the -country _by October _.10.i.In.:addi-' 5 $ h thatwe could not move appropriation - but.the point-is-thatNe tre.bere be tion. I understand.that.the woman's - ~ r bills:after May 15; but rather until we cause io!-that" requirement -that we husband had cancer. and-had-come to-3 7 finnllv agreed upon a' budget repinr. could.not movetm vith our bills.untII. this. country, accompanied-@y.his'~ that;is.whatyut.us into this situation' other actionsvere taken.~ - -- 11mtiv. for treatment and had recently. 9 I: here., - : Mr. Speaker /I yield 2 minutes to the died. So there were some very unusual; 4 : I-spent about aNour' Efore-th'ee gentleman fromTexas (Mr. HANCEL ~ Cire"m
- w_ We made it very. Clear -
.i RulesiCommittee 1Irging that what. 'Mr. IIANCE Mr. Speaker.- I.have' a that although in_ this enelnstance we t ' y ever they did about the Iludget JLet. Question to be directed to the chair. were including a private. bill in a con-citner make the-budget-resolution man or one of the subcommittee chair. Linuing resolution l'. is to be consid, i.(. conform to the deadlines of the act or men. ered an exception and not a precedent. .i at least let us, the Appropriations According to the Washington Post and we only did it after we found out D{ d i Cnmmittee, go ahead.with our work and.also the report from the other that the Judiciary Committee had ap., and brmg bills to this floor in a timely body, there.was a -fund of some. proved the hill. Qj m, rnanner so se can avoid the need for. 1500.000 to berrovided in 1983, to pro-Air. MAZZOIlc I. understand. I leq l continuing resolutions.such as this vide housing for a chimpanzee coloce. thank the chairman for that extilana- . ;-[ one., _; It reportedly would house 60 ane tion. It helps me, because, of course. My testimony wentinto detail, and I. I think that kind of monkey business the subcommittee takes pride An the
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felt the need for it. As all of my col. will offend a lot of people. The cost is deliberations that it conducts on all
- 5 leagues know. I was cochntrman of the over $8,000 per monkey. I just would the hundreds of pnvate bills intro-1' study committee that recommended like to know what happened to it in duced by Members and it of course.
- r the creation of the Budget Act and I mnference-wants to proceed on the basis of an or.
support it; but this matter that the Mr. NATCHER. -Mr. Speaker, will derly legislative process. tb Congress - cannot move. until they the - gentleman yield to me at this I thank the chairman,for hisexpla- - reach -a fins! -conclusion ' months time */.. - ^, r : c~ nation. - -C e: 4 - Mip beyond tha deadline just ties-us in Mr. HANCE. I am very glad to yield. - -MrTDAUB. Mr. Speaker.1t is again -tA knota. matter that the gentleman from Texas sibility..to compensate those local Ni Mr. NATCHER..Mr. Speaker. the time to emphasize the Federal respon-- M .Mr. Speaker, the Senate did not pass this resolution until late Wednesday discusses was not germane insofar as school districts which are-heavily im-fd night. We were not able to go to con. the conference is concerned and it was pacted with families who live and/or - i ference on the 100 amendments of the not dAscussed. ^. work on military bases. These inmthes ,,V Senate until midafternoon yesterday. Mr.IIANCE. I appreciate the gentle-are exempt from paying local property W We were under heavy pressure and the man's answer and I am glad the mn - taxes-those taxes which principally ~$! situation was most critical. The House ferees pointed out that it was not ger-fund the operating budgets of local Y members of the conference did an ex. mane and it was not included in the public - schools. Military <iependents 3 cellent job and we appreciate the coop-conference report.-- were the original justincatlons forthe -0I crat. ion of Chairman HATMII.D of the Mr. Wm A A tri. Mr. Speaker.~I Tield Senate. Appropriations Committee -in I minute to.the gentleman from Ken." Pederal impact. ald reimbursement.' MY and T10 thing has changed to make Lh finding solutions in a timely manner. tucky (Mr. M mm fl. them any less deserving.. pp . -a.a - .s.y g .? ; . N! c / 'h _~- l ~
. f. ic H S372 <d CONGRESSIONAIl RECORD.r. HOUSE Octobbr 1, 7982.F.; ~ It is unjustifiable thatthose school I take this time to cuggest n means Texas worked hard to restore the usem districts which are impacted with mili. of deahng with these two provisions. of the latest available census figures i+ tary children should undergo imancial Section 5 of H.R. 4613 should be used A compromise was struck in the cond .ditfaculties as a result of Congress in. as the primary debt collection mecha-ference which requires only :5 percent'.M i ability to approprtate funds in a nism. It is better from the point of of the urban mass transit grants to ben timely manner. view of the Government because it allocated'on the basis on 1970 census 1."- The continuing resolution passed by spares the Government of the huge figures and 75 percent apportioned on.C+ the House provided funding of the cost of seeking a court order in every the basis of 1980 figures. Althoughc,-I impact aid program at current fiscal case. It is better from the point of view this compromise will translate into an-i-c year 1982 levels. My rupport of this of the employee since the employee additional 4750,000 for the city of. resolution reflected my desire that the wiU have an independent cfficial in Houston in badly needed transit' current level of $437 million for fiscal front of whom the employee can argue moneys. I nonetheless femain con-year 1982 be sustained for fkeni year about the existence and amount of the cerned about the equity of this entireg 1083. However. the continuing resolu. debt as well as the repayment of situation. - ~ ~ - tion presented tn the Senate would schedule. Further, it limits the maxi-Mr. Speaker. the leg 9tmnte needs od .have allowed only those school dis. mum offset amount to a reasonable growth areas in' the. South and West.u tricts %t showed " undue. hardship" level. I cannot imagine where the use can no longer be. ignored or over-E t receive pre W "y payments. of Section 124.cf House Joint Resolu-looked. We..in Congress must meet '- These praN lary payments are nec. tion 599 would be the preferred these'needs just as we.mtt the needs ewy because school districts need course. of those areas in our country which these funds ior cash flow purposes. One other point. If an. agency pur-are dechningin population.Mr. Speak--~ -A _An ama %ent was offered to allo' w sues the m*m+***ative route from er you can be sure that I will continue schools where at least 20 percent of ' H.R. 4613 and is not satisfied with the to work in this Congress and in future ' the students parents either work or results. I think it is obvious that a Congresses to assure that the growth live on Federal property to receive pre. Federal-court should and would give areas in our country.are. fairly repre..c - Itminn y payments of 75 percent of stare decisis effect to the nM metra-sented. their 1982 funding level. -All other tive proceed.ng, just as.a Federal. Mr. Speaker, I would like to submit ~ school dis +.ricts would receive 50 per-agency could not reconsider a negative.for the RECORD & copy of 2ny letter to nt of their 1922 funds in preliminary decision reached by a Federal court. In the chntrman of the, Appropriations. payments. The distribution of addj. other-words, the Government should Committee _.exprewnr. my --strongn 11nna tr. pact aid funding would be de. be limited to the pursuit.cf one and. desire that the conferees adopta mau eg;. cided'-upou in the regularappropri-only one of the two mahim l. transit. formula which uses only the_ -r ations bill for education programs. would think -that the H.R. 4613 route latest avanable censns figures.,_ ~ upon by. House and, Senate 5:onfertes. po.Mr.pe the uly me Meu This amendment has-been. agreed would Thank ys Mr. Speaker.4 STARK. Mr.. Speaker _I.supr,. Concarss or raz Urrrzo Suns. 9 _.c .M ' L e . J..c This amendment provides rr accept-rted hitial mm d th etinm . Boesz or Rzmszwurrtu. AT2[ ableTteans to insure:that: cash flow. ing. resolution.J3ut lhe bH1 which.has. Hon.JAMIEL%'ErrrEN,We2hwton, D.C september ts.1ss2.v g g g g,
- 2 Gr*-,IF c-probums for impacted school dtstricts resemblance to.Ibe bH1 -we passed A rare,*tm+=d, if not Wm**M At
~ matrman. Opamtuce on Jppmprmwat2_: n.. thramme time, total funds:for41=en1
- I)r. Jekyll has become.altr. Hyde. ~~ ' #".'C_u --' #'""***" # "'AN' N-E.
- e yearJ983 are rnmAe by the appropri-
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^ ~~ - -O Mrs.-SCHROEDER.' Mr. Epeaker, spending at a level of about $205 bD-Committee and as a member of the nouse-U.'. -f. ^* lion. The Senate passed bDI would Senate Conference Commi: tee onthe Con 2--' enartment of this conference report WUl-result 4n' Congress pwdnr ' two "have provided 't233.4 bHlion.i The tnuing Resolution for fiscal year 1983. wel (i ..-h E rather different approaches to dealtng compromise" settles at $228.7 b!Ilion. m writing to call muuenuon to a provi.;.Y ' To pa:sphrase-the words of a cur. si n in ws legislauan which is ef enticaM .J with the same problem..both.on the rent, popular country western 3nne, 1*D f**'** ** "' ' ' ' ' ' 7 -N' same day /Sedon 134 of House Joint "the Pentagon got 'the golhe and """# ""d" 'D' Resolution 599 authorizes Govern- "'*"1"' w[t the shaf t.** mint agencies to offset the salaries of Speaker, 1028.7 billion in & Government employees-where there budget which cuts-Inafor social pro-~ th r to p pnated n the basu h, - populauen. as dete mined by the latest t . -y, has been a court dectsion holding that grams is simply tootnuch. C-the eloyee is indebted to the Gov. I vote no.o W available census figures.This formula would 24. be continued in 11.R. e211.~the Surf ace' I ernment. Section 5 of H.R. 4613, the e Mr. FIELDS. Mr. " Speaker. as we Transportauon Act of 1982, a bill reauthor. Debt-CoHection Act.-provides for an stand here today toconsider this iinal inns the maior highway and transit pro r._ offset followmg an agency determina-piece-of legislation before adjourning trams for nacal mr N. 1 tion ofindebtedness, but provides for a ior the elections, I f I compeued to Unf rtunately. H.R. W. tM Wansporta-Y y'ou due process ar' nintstrative heanng in bring to the attent n of my col-a us .a e o . Iront of an independent official before leagues a provtsion in the continuing P.I 9b102. the transportauon approprt. '
- the offset can take place. House Joint resolution which is of great concern to suons for FY 1982 directed the use of 1970 -
Resolution 599 says up to 25 percent m e. census figures during the first six months of cf gross pay can be withheld 4o raftsfv In the House-passed version of the the year _for these programs pendmg the: J ' the debt. H.R. 4613 only permits the continuing resolution, the urban rnam ampletion of the Asso census, this waad withholding-of 15 percent of dispos-transit formula grants were to be ap. clearly understood to be a temporary mean-vL 5.. able pay. e..._ c.w - _ portioned on.the basis of half 1970- --kD ^^d are now arm nh e. ~ The provisions of these two bills are census figures and none-half 1980- ~ not exactly contradictory, but they do - census figures. The Senate on the As representatives from a rtate which has'. 7 experienced tremendous growth in the past i J go af ter the same problem in differing other hand, in their version of the occade, we are extremely cxmeerned that C C ways. The language In the continuing continuine resolution Inandated the the continued use of 1970 census 11 cures as.h resolut]on is.really a remnant from use of the latest available census fig..provided for in H.R. 7019 as passed by the@ earlier in the process which should ures as required by the underlyint. Hase. mE cost our State of Texas almost-7 have been discarded in conference. authortzing legislation. The use of out-m mmam next year. Manv other southern Somehow, the word of final action on dated census figures represents a po- $ d [ Q ' y g**
- P P
g ed f M H.R. 4512.did not get through to the I tential loss of $1.5 mtilinn to my own ' funds. Attached is a bst of some of theE. conferees..The final tiays of any sese city of Houston. z- - - states and ettaes which will be unduly penal ah, sion. bring anamolles of this sort. In During conference,l along vith sev. Azed throust the use of these outdated-S the. lameduck session..we cshould eral of my fellow. colleagues from eensus figures. repeal section 124 of the continuing- @Q resolution. -3 j ,o-3.d% is
e tober.1,1982 a CONGRESSIONAL. RECORD'. HOUSE ' Dunng "the House Senate Coni;rence Committee to th7 Continuing Resolutnn. Tusee H 8373 te urge your considitation tf sectiin 147 of Tennessee-469.000 Bouand HJ. Ras. 599 as passed ty the Senate. In Jacason e 138.000 Bon 6chnende mneta ' scheuer 767.000 sounbum KnorWJ moah short, this secuon sould restore legislathe (culty by requirms the use of 1980 c n Jchnson City-144.000 E es etenente hchusan meneu e f.r.:res for the entire fisca3 year as prenous-New Mexico-- 2 1.000 sewrune _, e sus = Hoye E 15 anc presently mandated by the Congress. 1As Cruces - . 668.000 Buctady We hope you Mll gne th:s assue careful and Albuquerque 174.000 Eutto Monnait - shas + your deliberauons. n dunng the course of Santa Fe-- 337.000 treund Mouchan 6erious cormdertuo Eunon New Hampshire - I 154.000 J'**D' Montsomny sneen Thank you 1or your attenu. Nashua-292.000 NN N"" 6'"4" @ on-
- Smeerely, Ports:nouth-Dover.
47.000 Jone (NC) JAce F:ILos. Rochester _-- Jones (TN) M?ers bannr - Enuth (ND Tou lomua. Manchester - 231.000 Kazen h cher snuth (pal Ez:rT H;uset. Alaba.ma - 8.000 Eemp snone 4 Neuman I RaLra M. HAl.L. ~ MobDe ~ ~~ 246.000 E *"'UI solar g h. 6"'"*' Bn.:.PATMAN 39 000 %.ru"ner Bn.L Aacuza. .N . Nothk - ' # 8*"'""A" CHARLIE Wn ON* e Ohen -Stangeland A ce Somaratta Obey Stanton CaAa!.ZE STENBoLM Note-nruin based Im-fundms le*els re=a-nA. j"" Stoaa 4 ed in EA 7019. Zucal year 19a3 JAcx Erc m wra.. M4xrIN LEATE. . aua e as paaed by the ao" DOT appropri.
- leath
_ d6 "'"" g Sam,BJEA:.t. Ja. - Mr. wunnB. Mr. Speaker, I yield.1mhman Pams Brnar Cities UrJetriy back the balancs Of my time. Izemples of States and 1,nt PasLaran .Taunn I
- 1senas Paumon Taraor Trecied In use of Js70 Cer. sus Desa for
.The SPEA.E'ER pro tempore. WILb 2 rinamon 4 Trme 0 Pe=e Mcss Trcartt Amounts Lost formula Grunta: _ Set out objection, the predous question is . repen - f p Oregon ordered on the con.ference report. pg ton, w p,,,e, Portand -- sS31.000 There vas no objection.. . lone (MD) w i,,,n a Prwe ~ w gr Ion The SPEAKT'R pro tempore n amoner gen o 580.000 E question is on the conference rep. The U" ' u""mn"'*",g $M" ","On),. 'N warum - g North Dakota-- SM The question was taken and the ort. Immen o, Bismarcs-Maudan-354.000 Ransel Speaker pro tempore annou;nced that hnc.ne wiute Flynda-202.000 the ayes appeared to have it. u,,,,,n rugwa - htehurst d Mac.ga Rauford - 9.458.000 M.lami-wha 4 .g tager Tampa- . 1.930.000 Orlando- -Mr. FRENZEL:Mr. Speaker,I object i Maras amaloo g 705.000 to -the wote *cn the ground that *aJanau _ - Emer wuuams mn ,.y - h epee la a 313.000 Esenta e.;.wumonwahams(on). So. quorum is mot present and make t'.ne N$ **EP 7'8" 7 'A.xas - , 306 000 Borre Oty--. r point of order that a quorum is not 112.000 g. present. ~ ~' Danas :- < 4.761.000 Manas ,irt3 il Fena Houston- _ J.... 2.150.000 h. wolf PA A. pro _i * ' m ~ - c Ma'mwestempore.E.a u-n
- ^ ~woruer.
noe - e _- ~~ ~ ~ J'489.000* dently a quorum is not present. -b woor . p,-a-r%r-9wrisht 's;n - - - ' J' i ; .- um.r - ..norers ne erw ue m m HawaD ^ --310.000 - absent Members-.The Sergeant;at-Arms-vill motify-McEm - r . ;'. now Honolulul .1.134.000 - aas., af T nomentba).
- 'O Yatmn ' ' ,,...
-k,' South caw = . w.724.000 - The Tote'was taken by - - % :mesurn nomenkassas,7 ung (Ax) n N=hia -- -t92hM 4 dedce, and there were.--yeas. electronic -u"N ,NMI N *une Io) '141000 U3, notToting 19, as follows:-290, nays-Machel S 151.000 Charleston-Florcoce: o ' * *nw . Rorbal. .- r sha
- Ttah -
-' -: -E "165.000. .. M NO 388].? NE' S : s h ad Saltlake Oty - '*l43.000' .c - MIuer (OH) ~. 22eretti, p Munt - < - - p ~~ u e46.000 TEAS-290 - Vermont'~ r s ~. Addabbo h u w.n. ' 231000 *
- t=. " *mante. - A nedler ^-~; > Archer -
.. Goodung c y. - f : - Cseman Perraro w..
- Anderuco, MS423 luthngton
.~ 226.000 amara 3 Panetta p comaran Oramm, Pa.: man Baton Rouge-596.000- Aleaewser Coushun , Pands - -.Aabarcot nodny - cray + ~,s', Paul. ) '- Hom = - ~ 152.000 _Andrews.j New Orleans - ~ Cmw Co, ne, J ame, n.ab .. Aucoin o . --~ - has. Pnn n ban 6 349.000 o .han Beoan
- O *
- c Eckh -
ij Californis _ 186.000 Anthony corn ,m,e Wuham Puppo Bennett ton go,m g,r'1 los Angeles 11.373.000 ap,3eg,5, c Bance i Asom pio,.,, Bereuter Prnchard
- I@-
San Diego-4.642,000 crocact Haram --, AtMnaan heueus Bomor Raac San Jose ~- 1.529.000 Rdaw Daniel. R. w. Pokey . BrucenDead - Euer - nertel ~ neuss Daschle Colorado ~ ~ ' 926.000 BaDey 0"A) - Dam . Pord(TN) ' hyh1D Eumn..u Rowat - %,g Ford (MD h en(CO) J Denver- 'I.640.000 Barnard Hubbard Rmo,, Barn de h Cana Pomam Mn. hhn Eusben M,y N;rth Carnitn= .1.273.000 753.000 3,a, es 3,y,,,d Dectar Embo r a ,,. Pown Burton, PaulJD Hunter - Sanse
- rap 4h Derrica ~
..pm,er. - Ban n.Bawyer _ Virrtnw 239.000 Benedict N:rit11-661.000 bertU Derrtnats Osrcia Cssney schulae (q arde Bethune ' Puum e
- carman scameoer
,g.: Jettries p? Dans Johnston South Dakota-225.000 B.nart Gardos Cappse Dinreu SensenDrtnner Rapid City ^ 137,000 Bingnam Dtaon oeidenaan C'y Jones tOK) Sharp 7' - ouman coats Eastenmeier Saaur City- ~ 366.000 Buay n ece Ebeley p D aneur Gansnch ' ND C . snumway p,l Weppi-2.000 Borss Boarid Dougherty Otnn CoLma (TX) 2.atta E8"dD"8 Sh885W a Eattleaburg- $25.000. Boums - Dowdy oonr.alez . Consta hehnn - 261.000 Downey c ore ompers w-M. En2ander -.p Boner - stelson -
- tj
. 3)nar== awaroula Moss Point._ 50.000. Bonner .Dunn.. - Oradamon J :., once.Damel_ Lee M 1,uad " '. ' smith (OR) i [ Q .. -- snyder ^ '. ' #.t;. Anka- - 183.000 Boucuard Dwyer Oreen - - 4;. crane. Paulo lawu -~ Anenorase-81400 Bo*'en i~.Dymany ounocrson '.. Dannemeyer u Saka= ion - zowry (wA) Georwi* n.wo Br,ea,u,x - '.- Dyman .Banedorn. g.Daut (F unavn +. catart ~;. -g., Atlanta-904.000,,,,, Bau40H) - DeUums staton 3,3,3e,, Doman Martin OIC) */ Stenhol
- y-Augusta-606.000 Brodhead Broots Edwards TAD Han.Bam
' Dnwr umme so m. m -- r ep Athens - 187.000 Bmwn (CM Edwares (CA) n=mmersenmndt s Man McCoDm.. _ stump Nevas 188.000 Brown tOH) Erdahl Ha nn.n dD)
- Edsar McCurcy Emery 3-
'Tante - 1,. las Vegasm a63.000 Barrene - Hartnett Emerwm
- Vento lk{,f
- '.{
MCDonaJd Enennorn n m,,, Edene. MeOrain ~ a Thorn a Arkan== ** 688.000 BFron Evans (DE) Hawatna. Evans (GA). Mmer ecA) .Tommer [* 41 IJttu Rock - ~ 363.000 campden Evans nAs Becuer Prensel Frana. Moorhead , waher m-Pareucytne springdate. _ _ 100.000 Chappeu ' Evans (Dil BetDer* Chen Mott! .2e7.000 cao,ey ,Paiy Bette Oepnaret Murphy - M aanmrton [ Artre - weaver .g, l Pbnen'* . 2.748.000. 41:nrerp #mmo ,c. ,n NeaJ u.-~. r -- e o'**ans - - w ber my> -
- h. nM e
.1,791.000, rwa. Hagatower.a ' 'G w==a, _ Obersaar ostar-. -n-..~ w ine a -~ c,.Panws&,,, r .um ga, awyden Jk3 unus p;q y ,; _.c g,, a j.,4 -- - _7, ,.+7 W L ,~} ,n ~~ L~ p / h A ^ m* 4 \\
~.c.p.;{ e c'MF- \\ N R S374 ~ CONGRESSIONAL RECORD ~.-. HOUSE Ocfober..L -1Bh.g.- NOT VOTING-19 The SPEAKER pro tempo e. Is mth an amendment, m fouoss: In Inu of a amortam Dorrsa Marunet there objection to the request of the the matter stncien and inserted by maid:R Bnieraan Ecsams (OD ' McCloues gentle =a 1 f rom Mississippi? amendmd twr*. W hw %onersJ,, s:ancnara Enei tramer There was no objection, d"#***
- *"" *
- M Cnano:m Pomshe Wem' D AmoJrs Golcm ater Wruuey.
The SPEAEER pro tempore. 'The plie Transacuon Pund under secuon &(b) of ;.- Dans.1,an cens Clerk wiH designate the hrst amend-the straiene and Crtucal Materials stoet I Patng Act (50 US.C. 98htb)) are hereby
- D.cr.uuan HanaeWT3 -
ment in disagreement. n.ade avanable sub3cet to such to o srin,s' . gh3 The rmencment resds as fonows; as may be pronced in approprtauon Acts:;.-. Senate amendment No..LS: Page 7. hne 25 and in sect on 5(AK1) of such Act. until e.x. _- Messrs. CONYERS. WOLPE. af ter Act" Insert: *: P ct.ded. That when. pended for the acquisition of strategic andM CARMAN. HUNTER. GRAY. WASH-ever the amount which would be made critical materials under section 4(aM1) cf L l IN OTON. PORTER. WYDEN. avanable er the authonty which would be such Act (and for transportauon and other. VOLK24ER, and EMERSON. Mrs. gra.nted tn this subsecuen is daterent from incicer.tal expe:ues related to such accu st t2ont This pararraph appbes without fiscal (g.. COlllNS of Ininois. Mr. TITAND. that which would be area 51e or granted and Mr. OBER under such Act ior each pertinent project er year um tation to moneys depossted into theg _ Votes frotn yea.. STAR changed their to nay, actrrity, as reported to the Senate on Sep. fund before, on.4r after October 1.198:v tember 22.1983, the pertment project or ae. Pronded. That during the fiscal year end:ng T Messrs. FINDLEY. VOLEMER, and unty than be conunued under the lesser on September 30. 1983 not more than _ ERDAHL changed their votes from Amount or the more restnettre authonty.. s1:0.000.000 in addiuon to smounts preT." "nay" to " yea " worrow oFrIaZD BT Ma. WHrrrIN ously appropriated. of which not to exceed Mr. VOLEMER thanged his vote s85.000.000 shall be available only untti the Mr. wm M. ML Spede-J offer from " yea" to "nay ** _ g tert:nns.tlon cf this jointTesolution for the. So the confercDee report Tas agreed The erkTead as olloTSL - in S-af Se - Mr. Warrrrg movesthat the House rende ber 30. 1982. Inay be obligated ' from The tc.dt of the Tote was an-from its d.sacreement to the amendment of amounts in the Nauonal Defense StockpDe.. '.' nottnced as above recorded. the Senate numbered 15 and mne therezn Trammetton Pund for the acquisition of - - A motion to reconsider was laid on with an amane ent. As fonows: In heu of strategic and critical matenals under secuon the table.- the r,anar insened by said amendment 6(ax1) of the Strstegic and Crtucal Maren insert the folloung- " Prended. "ntat not~.als Stock Putng Act 450 U.S.C. 98e(aX1D withe *mr the foregoing provision of this and for tran.mortauon and other incidental fun 1211ll E9 SAGE FROM TE parmaraph and notwithtrandmg any other czpanseg related to such acquisluon.*. - c. SENATE,.. pronsson of this soint resolutaen. such .Mr. w21 rAzd tduring the remr%d. = .J c a.- p..: A further tnessageTrom the Renate ammmts as znar be me ry.formrofecta er 2dr. Speaker. I ask ymn n'm ous ecnsent g";.:. / mues pmsed for m.the um con. by Mr. Sparrow, one of-its clerks. an-strueuon Act.1983 at R 6968).at a rate for that the motion be. considered as read - nounced that the Senate agrees to the ope:auons and to the extent.and in the and printed in the REcoan., .c 'u
- report of the committee n! confarava. manner provided for in the conference. The. SPEART*R -pro h. Tis.';r
- . ~
3,3 '*--4HJ.the.htarTecing;$0tassQf-the.two-report.and joint CIpianatnrv statement.cf N there-objection to the-request-ef theM-iL Touses en~the amenrtments of-the' the com=fttee of co. fem ss filed in the ~ ? z --- House tothe bH1 (ScS30 ent10ed An House of Representaures on September 30. genueman fromMisst::sippi? act to-encourage exports.by faStst-1982, There was no objection-. -:,* /-- ing the s. formation. and ioperation.mf ; 3,, as !!such Act 2 tad been en= red into .f_ ~ 3 - 7~~ ~ ~ '- Themotion wasigreed20.'~ G,m ' ~ T"s % port ' trading companies;.. export : IMr. wnA A arm (duringthe renritnt). tA motion to reconsider-sas] laid-ony ' "Mj-- I.- trade a ' mons, and the expansinn Mr. Epeaker. I ask tman9 nous consent: the table. i Mf exporttradeservi generany."... that the motion be<cnaidered as read 'The SPEAKER pro tempore.7The Clerk will designate the next amend-Q-J. ~ I- - The message also announced that and printed in the Fwmn. 1. the Senate had passed with an amend. The SPEAKER.pm tempore. Is mentin disagreement . 7:y; S2.; tnent in which the concurrence of the there.objec:fon to the request of the Theamendmentreadtas fonous. J.'-A.; M -" -House is requested, a bH1of the' House genueman fmzn whppD sensta amendment NoP33: Page14. suife'N i There was no objection. - 2 of the fonowing title: The motier uas acreed to. .-. outirnes sa to 20 inclusive - - -.6 tty Exche nre Act. and ior other purposes A motion to reenndder-vas laid on . amnon omxza sun. um- - - ~ - - - - _C s .c. ILR. 54472 act to extend the Commod r 3 h Mk Mr. w n11 A 24. Mr. Speaker. I cff er f 2-The SPEAEER pro tempore. The a motion. n-f.U - _ REMOVAL OF RAME OF A, Clerk wiH dedrnste the next amend-The Clerk read as follows; N-Q -. COSPONSOR OF HRJ 6467 - mentin ditarreement.- Mr. varrra moves-that House recedeI ~-' i- .Mr. IANTOS. Mr. Speaker. I ask The amendmmt reads as fonou from it csagnement to me a wnsment of ' } - ~ ~--. unanimous consent that my name be. Senate amm ment %o. 30; Page 13.11ne 7 the Senata numbered 33 and mnm therem g a }. -- . removed as 1 cosponsor of the bH1' strike out all after *resoluuon. down.to with an ameMment, as fonow Restore the - H.R. 6467. - and including *acquistuon" in line 25 and ma"ar striken by said ameMment, amend.. 3 insert *f or acquis:uon of straterie and crtu. ed to read as Iollows: The SPEART R pro tempore (Mr. cal matenals and for transportation and src.114. (ax1) Punds provided by this Matrra). Is there objection to the re-other ine*ntal expenses related to such ac-joint resoluuon for costa to continue the tm. quest of the gentleman.from Califor-cuistuens. 5320.000.000, which shall be tie-picmentauon of provisions contained in the - nia? 5 s rived from 2noneys recetred in the National District of Columbia Statehood Constitu-
- h. e,.
-' There was no objection.- - - } Defense stockpile Tranmarnan Pund estab-Donal Convenuon Infunuve (D.C. Imw -3,,.. 11shed by accuon 9 of the Strategic.and 171) shm11 be apGed first4eward ensuring ? 7; Oh} U.S.C. S8ht. as amended by Pubhc law 97-Critical unt,rtals Stock Piling Act Go voter educadon on the-proposed ennstito, -"I CONFERENCE REPORT tion by (A) pnnting, by the Statehood Com-r 35 (95 Stat.481). and shall' remain available -minen, of the proposed co tstitution-to-i,K HOUSE JOINT RESOLUTION 599 rether with objecuve statements both for..;7 / CONTINUING ' APPROPRI-until expened: Pronded. That' of this ATIONS,1983 amount s200.000.000 shan be oburated for an acainst tta pronssons as expressed by the the purchase of domesuc copper mtned and Convention delerates taklar such positions..' v' --.a=rs In nr----r ~==*na in the Umted Stmes af ter Septem - (B) mathnr of this informat4on to the retts- ~* 'J The SPEAKER pro tempore. The. ber 30.1982.".. n ~ tered voters of the Distnet of Cblumbia by.+, Clerk will report the first amendment monos orrrazn zr um. wmtrzw'. [a fu$ NpMI-I D in dkarreemenL Mr. wuA A Ar.4. Mr. Speaker. I offer .3,e lertslauve lustory of the proposed con...I 9 Mr. wuAr.AzS. Mr. Speaker. I ask amotion. ' sutuuon. nnanimous consent that the Clerk des-- The Clerk read as ! chows. - ' ; t2) None of the funds provided by this i P. ignate Senate arnendments reported in Mr. Warrrzw moves that theRouserecede feint resoluuon may be used to pay for the 1***
- r*Ma rTecment in lieu dof reporting 1ruch ' from its <11sacreement to the amendmentef s pubbeauon of any information or1nateria.ls @.
amendments.. me senate number so and concur merei= - brtbe Siatehood Comm on whtch-rati to :-c . ". :r ; .> 4 z.... ?7 Q-s.E. '} ,3-J 5% f
y , e p L.- October 1,1982 CONGRESSIONNURECORD ' HOUSE-H S375 i. present abjective arguments for and assinst r the p'Wistons cf the proposed constituttorL ~D'1730 ' by 1stelr regulition. tocluding care in pri-tb) Notwithstandmg section 100, the pars-TM @DM pro MM. The
- '# I'#'h' ~'
-]- graph under the headmg "LcTTrst m Cerk wiu designate the next amend-mon errrra sv wa. wxrTTrp cuarnz v cucrs errrxrazse rtn" in tne ment in d:sagreement. Mr. wmm.N. Mr. Spee.1 cffer 1 Distn:t L. Co umbia Appropriation Act. The amendment reads as foDows-a motion. 193 (Pubbe w 97-9L: 95 Stat.1175) is s l ~ anaenced-Senate amendment No. 59: Page 19. Efter The Cerk read as foDors-line 2. insert: q r (1) m the secont wrortso. by striting out Stc.1:7. Sections 308ts) and 30 Sate) cf Mr. Warrrrn moves th&L the House recede " payments of prizes und inserting in beu therecf
- par: Dent cf h *s to ticket agents, title 3;. United States Code are amended by from as casagreement to the amendment of2 the Senate numbered 73 and concur therem 4
striking out " September 30,1980" and in-tees to contracters suppt at gnmbling para-phe-naha o* se-rices. and cr! ce serting in Ucu therof "Aiarch 31.1983". with an amendment, as fobows:la beu cf I the section number 141 named in said f norton orrEnza sY ML Wit;;;IN amennment. msert "143". ..pa n of n be Mr. w m A2d. Mr. Speaker, I offer The motion was agreed to. .J.j therect ** payment of such Dees and prizes": a modon. A motion to recondPP W&g,[gdd OD 4 (3) in the fourth previso by strtting out The Cerktead as foDors- { the table. " prizes and m2*mtni<tration of the Board Mr. WErTrrn inoves that the House recede shan not exceed resources available to the from its d.sacecment to the amendment cf The SPEAKER pro tempore. The Board from appropriated authonty or rev-cnues" and inserting in beu thereci *me'm*- the Senate numbered 59 and cone::r therein Cerk WiB designate the next amend. b. tstration of the Board shall not eseeed re-eth an amend =ent, as followr In beu cf ment in d.sagreemen the matter inse*ted by said amendment. The amendment reads as foDors sources available to the Board from appro-insert the fobowing-pnated authonty: Provided. further, That Senate ame adment No. 75: Page 19. after the annual expenses for ices and pnzes Szc.131. Secuons 308(g) and 308 ate) of line 2. insert-shan not exceed revenues": and title 35. United States Code, are amended by Szc.143. No'wt r* I (4) in the fifth prortso, by stnzmg out strtting out -September 30.198:" and in-any other pro. 'f vision of this Joht resolution. the head of sertmg in heu thereof " December 11.1982". any department or agency cf the Federal ]. "for pnze Inoney" and inserting m Leu ...~ thereof "Ior f ees and prize money". "The motion was agreed to. Gwemment in carrying out any loan guar. 7 ~ te) Notwit he *- any other p-oviszon A motion to reconsider was laid on antee or insurance program shad enter into
- ~
1 D: strict of Columbts may continue to oper. The SPEAKER pro tempore. The" pursuant to such program to the full ?) cf this resolution. the Superior Court of the the table. commitments to guarantee or insure loans j 3 ste the Volunteer. Attorney Program and Cerk WiB dreimte the DeIt Smend-amount pn>nded by law subket only to (1) i d! the Communrty Worters Program. and may anent in disagreement. the aranabihty of cualified applicants for !=plement the beanng comeaner 12ro-gra=. from ex2 sung Tesoums and een The amenciment yeads as ioUoicW such gualsntee or insuranu, and C) hmita-tions contained in appropnanon ects.- -g T.uthority. Upon 12assage 1of the itscal N. line 2. insert: -Benate amendment No. 09: Page 19. after Q
- c. moTzos arrzazn av nca. wnzrzzz II.
fedmg MD be availabae to pay.retroacuve-1983 appropnation Act, fun 7 ear program ~ Ssc.137. Notrtthstanding section 5(bx2 of the Act of September 30.1950 (Pubhc a modon. m er,7 der _ M] wm __~ ly. for program servaces pe:fonned en Jar.,3,,,. 8%, Sist Congressf mot later than-The Cerk read as foHolcs:f,;,o C g atter Octoberl.1982.0 *.' m:t.s. 2x. _ - e g (d) *Ibe WmWnrton-Convention Center 3.m days sfterthe begmning of the fiscal Mr. Warrrrn znoves that the House.ecede' d t y es thehr of MMon M p, may proceed atan annual rate of operatian on h ita het to hw eto! Ik .__3 which coes not exceed $5.275.000. ; ' the basis of any appucation for1rr
- -"tn'*y the snar, numbered 75 and ennmr L arcin N
v D Mr. w m A2ui (durmg the rettng).. payment from any loest educational agency Mth.sn.am*Mm-Was 1ollows In. lies of f! h ~ - Mr, Speaker,7 ask stnm ous consent which was tugtble for e payment 4aring the therms"n.propas*by an3d;=mmtme 1 M precading fiscaltear on-the basis of entice-that the motion be. considered as2ead ments estabhahed under accuan 2 or 3 of insertthe1ollowing - y bc1 C -Sze.145. Notwithe*ne sny otherTro. and printedIn@eRECOaD._ ., such Act.tnake to such agency aVaymentof- 'rision of this Dtnt Tesolution;3.he, bend of p The N pro tempore. Is not less than- ~ ~ ~ 1 c ,here objection to the requcSt d the m in the case -of
- I cal +du au nal any department or agency.of the Federal r-4 p
gentleman from Mhei=*Tpi? ' ar=:ncy described 'tn-section "3(dM1MA) of Government an carrytng out anyloan guar-1 r.4 There wasno objecuon.ca -- ^ such Act.'T5 per centum of the amount that antee or insuranm program abaD, enter into i_ The motion was s. greed toJ -" such agency recetved during such preced:ng commitments to guarantee cr,insu*e loans ; A itseal year; and ~ - p'ursuant to such program An the. fun F
- motion to reconsPler was laid Cn (2) in the caac cf any other localciucs- =mmmt provided by law subject only tr :1' f
} the table. tional agener. 50 er centum of the amount the tranab:nty of cumufled apphean.s for The SPEAKER pro tempore. The that such agency i reerved dunng such pre-such astramee or insurance. and (2) limita. j. ) Cerk will dettemnte the.nert Amend. ad2ng fmcal year. ,7 uons contained in approp*tauon Acta. - t[; G mentin disagreement. morzoz o azni n a.wn=rrn Mr. wm A2ai (during therentN). A*I ! h The amendmentreads as foHows: .Mr. wAaA2ui.2dr. Speaker I offer Mr. Speaker. Insk unanimous enntent C Senate amannment No.57: Page D. after a motion. that the mot.on be considered as read [ Stc.125. Notwit*=*mr any oth<t pro-- The Cert read asIonows:_..' and printed in the_P ermn a une 2. insert - The SPEAKER mo te npore. & Mr. "WErr*ts moves that.the House y vision of law or this joint resolution, scept r' secuen 10::. an amount for those it.terna-recede from its disagreement to the arnend-there objection to the request of the I -) ti:nal Pinancial Institutions referred to in ment of the Senate numbered M and concur gentleman from 2'tetitt@pi' utje 1 of Pubbe Iaw 97-121., the Foreten As-therein with an amendment, as foDows-In There was no objection. * .i.I N: sinwe -and Related Program Approprl-Deu of section number 237 named in said The motion was agreed to. auons Act,1982. as is equal to the total for A motion to reconsider was laid on - 'M; amendment. insert **140".
- u that be
.The motion was agreed to, the table. 7< ( su A motion to reconsider was !ald-on The SPEAKT'R Tro tempore. The Clerk [TH1 dedrn3te the next amen 8 tions in a manner which does not ermed the the table. 5-Um2ts estabhshed in enthnrtzing leentatlan. The SN ' pro ternpore. The Inent in Mment., Q mon errsaso rv wa. warmx - Cerk vill dedrnate the next amenA. The amendment reads as foHows: ?y ,1 Mr. wm A Ar N. Mr. Speaker. I offer ment in hawment-J k a motion. The cert read as follows. The amendnem reads as fonoa* Senate amendment No. *18-Page 19. After 1 gii b um 2. tnaert: ,j Mr.WsITrra moves that the House recede Senate amendment No. 73. Page 19. after e4 from JLs diaarreement to the amendment of une 2,inserc Suc.144. Notwtthstanding any other pro. p. " 3; vision of law or this jotnt resolution no ] the Senar* numbered 37 and concur therein 141. Sacuon 93-of title 14. United change in the regulations sub)ect to the h2 1 y with an amendmert. As follows: In lieu of States Code, is amended by (1) strLting out moratorium recidred by section 135 of I y the section number 125 named in said
- and" at the end of sutmection (p); c) strik-Public law 91-245 shall be promulgated tz b.P d
} amendment. insert M. ing out the period at the end of sutmeetjon final form until one hundred and twent* k[i Y The motion was agreed to. (c) and inscrung in lieu thereof "; and"; and days after the erptration of the morator.- H A motion to reconsider was laid-on (3) adding at the end thereof the foDowing um.during which period the Department of J P b u the table. new subsecuan: "tr) provide -tnedical and Health and Emnan # 8ervlees = hat 1 reek [m:, I dentat care !or personnel enutled thereto punue review and comment on any suel. pro. m ~ I f / n - - - - - - - ML
~ a ~ 4 ~ H 8376 CONGRESSIONAL RECORD-HOUSE October 1,.1383_g posed reguhtsons and consult with the ap. formIr member of a uhifonned service thall rate of 1.E per centum of the appbcable rate ;.b_ propnate Committee of Congress. not be rrduced whDe such former member is of basic pay for so long as such employeeM K. ' Monon orrrre er um, wn:Trrn temporartiy employed. dunns the period de-so certified. ..N Mr. wm n us. Mr. Spea.ker. I cifer scribed in paragraph (:) or any portion tdx1) The Admtnictrator may pay premi-Kc a motion. The Cerk read as follows. themf. unde the =Mnoncaun authonty um pay to any air traffic conmun of the G. of the Ar*mmittrator. Federal Avisuon Ad-Feoeral Anadon Admtmetration who is.as" - Mr. WF"rDt move $ that the House recede ministrabon to perform duues in the oper-signed by the Ar'n",ictrator to provide orN from its dJsagreement to the amendment of i atton of the air traffic control system or to the-job training to another air traffic con. ~ i the Senate numbered 76 and con;ur theretn train others to perform such duues. troDer while such other
- air traffic controuer J
with an amendment, as foDows: In beu of "( ) The prortsions of paragraph (1) of is d:recuy involved in the separation andN the section number 144 named in said this subsection shall be in e!!ect for any control of Die sir trame.
- M amendment, insert "146.
period endmg not later than December 31. "(2) Premium pay paid under paragrapl1C ~' The motion Was Egreed to. 1984, durmg which the A& metrator. Fed- (1) cf this subsection shau be pajd at the - A motion to reconsider was laid on eral Anauen Ad=:nistrauen. determines rate of 10 per centum of the apphcablei.. the table. that there is an unusual shortage of air traf. hourly rate of basue pay tunes the number y1- - The SPEAR"7M pro tempore. The fie contreuers performing duties under the of hours and poruon of an hour during.-E ment in disagreemen,the next4 mend-tral r.' trauve authority of such Admtn* which the air traffaccontrouer of the Fed
- *' e Cert will designate al Anation Ar*mtmetration provides on-the.~
tcX1) Chapter 55 of t10e 5. United States job tru tnin r The amend.: Dent reads as foUoTS* Code is amended by inserting af ter secuan
- 4eX1) The Adminictrator mayday premb' ~' ~
Senate amencment No. 78: Page 19. af ter 5546 the 1onowmg new secuo: hnt L tm um pay to any air tra!Iac controDer or fught. ~_ "I 5546a. Differenual pay for certain em-sernce stAtton speclahst of the Federal Avl. Sr 146. Notwithstandmg any other pro-ployees of the Federal Anauon Astnw auon Ar*minictrauon who, while work. tug.a - nsion of this Joint resolutaon or any other trauon. regularly scheduled -eight hour pened.cf' -' ~ ' pronsion of law, appropnauons for urban and nonurban for=ula grants authonzed by g g ggm,ntetrator of the Federal service is required by his super"1sor to work 9 i i the Urban Mass Transportation Act of 1964 Antuon Ar%+"ittrsion (hereafter in this durtna the fourth through 413th hour of.. ~.- (49 MC.1601 et seq.) shall be apportioneci section referred to as the *Ar'mtmetrator*) such penod without a break o! thirty min '- C ' and ocated using data from the 1980 de-may pay premium pay at the rate of 5 per utes for a meal. - .N "
- C8 "'-
centum of the apnbr ahle rate of basic pay "(2) Premium pay paid under paragrapi - 1 to (1) cf this subsecuen shan be paid at the erte errzm n Ms. urrrs "(1) any employee of the Federal Artation rate of 50 per c stum of one half of the ap.. Mr. w 2111 u ri. Mr. Speaker. I offer Ad intetrauon who is - pbcable houriy rate of basic pay. a motion. . "(A) occupying a posttion in the air traffic "(fXI) The Ir mtaictrator shall prescribe.. a The Clerk read as fonows-controner senes dan" sed no lower; than standards for determintnr.which air trame - O Mr.vurrra movesthat the House recede GS-9 and located in an air traff2c-control coritreuers and other employees of the Ped-? -Q from its d.sagreement to the amendment of center er terminal er in a fhsht service sta-em Anation Ar*mwetration art to be paid F ' th2 Senate numbered 78 and concur therein tion: premium pay under this secuon. W assigned to a pos1Mn Ma@ed not
- 72) he MmWmtor w preocube 3 4 with an amendment as foDows In lieu of. Jower than GS-09 or WG-10 l_ocated in.an such rules as he determines are necessary t
the -r-a ttre inserted by said.. -airway des ur -. Jnsert the foDowing " ~~ --..smendm.ent. -f carry out me prwisions of this secuan ".~ M' c- .Szc. 347. Notutthstanding.any other pro.
- (C) assigned to a N inspecuon crews (e) Section 5547 of 110e 5. United States. L,
~ vision of this joint resolution cr.any other member. position clammtfied mot lower than. Code *1s amended -by" adding-at the -end g-H GS-11 lested in a flight inspection 11 eld } pronsion of law, approprianons for urban thereof the fouowing-"The ftrst sentence ofJ -. C w this secuon ahn11 not apply to any ernployee,,%. and nonurban formula grants authorized by.. office;.. 'f. the Urban Mass Transportation Act of 1964 theiduties of whose position are determined of the Pederal Anation Administrauonsho.F.--J.
- i (49 U.S.C.1601 et seq.) shad be apportioned by the Artministrator to be directlyinvolved is paid premium pay.under section 5546a of I
.and aHocated using data from the 1970 de. in or-Jesponsible for -the operation and' this t1ue".., ~ ~ 5.YF-cennial eensus for oned2uarter of the sums maintrnance - of, the.atr traff2c -control (f) Section 8339(e) of t20e 5.Tnited Statesd? I appropnated and the r==tnder shan be ap-system; and Code. is amended by inserting before theiC1 pordoned and aBocated on the basis of data ""(2) any employee of the Federal Aviation _ period "unless such employee has recetted,-@ - ******auon who is assigned to a flight pursuant to section 8342 of this t10e.' Day.W.f.g < from the 1980 derwnntshwnana .3 test pilot position clammified not lower t.han thent of the lump sum creditattributable to %W Mr. wm m d (during the reading). GS-12.Ine= tad in a region or center, the deducuans under section 8334(a)-of this:N' 1; Mr. Speaker. I ash smnMmous consen.; euues cf whose pos' tion ara determined by uue during any ornod of employment as ann-f that the motion be considered as read the Aemimetrator to be unusuaDy taxing, air traffic controuer and suc.b employee has 6 and printed in the Rzcor.c.. phyucany or mentany, and to be critical to not deposited in the Fund the amount re-, - !J. The SPEFT'R pro tempore. Is the advancement of ansuon saf ety. cetved. with interest, pursuant to secuan
- k.
there objection to the request of the "(b) The premium pay payable underany 8334(d) of this title". '. ._. y gent]eman from Mieeiettnpi? - subsecuon of this secuon is in addition to -(g) Section 8344 of. title 5. United States i 9-3 There ras no objection.. <. basic pay and-u premium pay payable Code, is amended by adding at the end 'J* The motion was agreed to*_ un er any omer suMe d tMs secuon thereof 2e fohring ww suMon-and any other pronsion of Ithis -sub- '"thX1) Subject to paragraph (2) of this c..- A motion to reconsider was laid on g th3 table. chapter.". 1-subsecuen, subsections (a). sb). (c), and (d>' E (2)The =nalvsis of chapter 45 of such tiue of this secuon shan not apply to any annu-The SPEAKER pro, tempore. The is amended by inserting af ter the item relat-stant receiving an annutty from the Fund Clerk will designate the next amend-ing to section 5546 the fouowtng new item-while such annuttant is employed. during m!nt in disagreement. "5546a. Differential pay for certain employ. any penod desenbed in secuon 5532(f X2)cf The amendment reads as follows: ces of the Pederal Anation Ad. this t!ue or any poruon thereof. under the-Senate amendment No. 83: Page 19. after ministration.". =Mmetrative authority of the Artministra - (d) Secuon 5546a of tiue 5. United States tor. Federal Aviauon Artminntration, to pern line 2. !nsert: . Sec.151. (a) Section 4109 of t10e 5. United Code (as added.by secuon 152(c) of this fann dudes in the operaen of the air trafd.- Ctates Code is amended by adding at the joint resolution). is amended by adding at fac control system or to train other individ-k -cod thereof the following new subsecuon: the end thereof.the foHowing new subsec. uals to perform such duties. P M' "(c) Notwithstanding subsection tam 1) of uons.
- (2) Paragraph (1) of this subsecuan shaDM.
+ this section, the Ar%tni<trator. Federal Avi- "(cXI) The Artmtnistrator may pay premi. apply only in the case of any annuitantTe-E-suon Admint<tration, may pay an individual um pay to any employee of the Pederal Avi-cetving an annuity from the Fund who. ~ J + tysmtnr to be an air traffic controDer of atson Administration who - before August 3,1981. appised for retireF such Artmirtistration. during the period of "(A) is an air traffic cx)ntroller located in ment or separated from the sernce whDe I ^ being entlued to an annuity under thisW. { such tra.tning, at the applicable rate of basic an air traffic control center or termtnar _ + chapter.". ~ pay for the hours of tr=tninr officially cr. "(B)is not required as a condition of em. dered or approved in excess of forty hours ployment to be certified by the Artministra. (hXI) The amendments made by subsee7'V 1 in an admintatrative werkweet.". tor as proficient and medicany qualtfled to tions 152(b). (c). (e). and (g) of this joint resC" (b) Secuon 5532 of tiue 5. United States perform duties including the separauon and olution shall take effect at 5 o' clock ante -- meridian eastern dayhght time. August 2y*Q ) Code..As amended by
- Mint.at the end controlef air traffict and. -
- a. ;
thereof the foDoring newsubsecuan: "(C) is so cert 1Ded. 1981- .C;.7 (2) The amendments made by the "(fMI) Notwiths+=nrent any other provi-
- (2) Premiuza pay paid under paragraph WE alon of law. the reured or ref atner pay of a (1Lef this suhsprHnn shad be paid.at, the lion 152(a) and subsecuan 152(d) of thin
.g la ' ~ ..e - .G3 f:! ~. < g_ R-6.k 4
1 l_ 2; October 1,7SBS i,y CONGRESSIONAiRECO'RD-110USE ' 5837T O M - -.A joint resolution shaU take effect on the first day of the fint appbcable pay penod begin. (iiD is in a IUght inspection field office I ning af ter the date of the enactment of this and is a ihsht inspect.on crewmember post-a.nd duty assigntoents comparable to those~j* { joint resoluuon. taon that u classihed at a GS-11 lesel or in effect d'.mng that penod. higber; (dK1) Title 5 United States Code. is (3) The amendment made by subsection (B) the ind:rtdual occupies s. Ihsht test amended by inserting a.!ter accuon 3385 the ? .j 15Mf) of thu joint resolution shall take pilot pos: tion-f olios *tng new secuon: ] c!!ect on the date of the enanment of thu 2 Joint resoluuon. (1) the duties of which are determined by *l3386. Personnel vnnnarement tmp*ove-1 the Ad=Imstrator to be unusuaHy taring ment in the Federal Annuon AhtMetra. N -2 worrow orrzt.tn sr us. wzrrrzx and cr10 cal to the advancement of avist4on un3 3 Mr. wm ar N. Mr. Speaker. I offer malety and n ,,(a) For the purpose of this section-r, a modo.1 m u 6 a e a e W is
- ( D 'A d-'.'hua' m**m h FedeM t.a The Clerk read as foUon classified as a GS-12 level er h2ther, or Anation Ae~trauen; M.r. WarrTrx moves that the House insist (c) the tad 2ndual occupies a pos:uon at
"(:) *A*,tetrator' means the ANnk, on ha disagreernent to the amendment of the Federal Anauon A*mmirauen Acade-trator of the Federal Aviation JMmtmetra. s j_ the Senate numbered 83. my. Oklahoma City. Oklahoma. the duties .1. uon: and [' tarrtazJenal, woT1oM orrEaED sf &ct. of which are determined by the Ai*mimttra 11~ tor to require the indindual to be actively
- (3)
- employee
- means any employee of j
coccu:.Dr. engaged in or responsible for training em-the Federal Aviation A* ministration. e q Mr. COUGHLIN.' Mr. Speaker. I ployees to be air trafnc controuera. and the "(b) As soon as practicable 3fter the date 'y offer a preferential motion. pos: tion is Ma*W.at a GS-13 level or of the enactment of this secuon. the Admin-The Clerk read as Iollows.
- higher, istator sh&3 dnelop and thenafter implo j
h Cooce moves cat the Eouse (3) Premium pay under this. subsection inent program within the M* t tment a persamt ma recede frem its disagreement to the amend-ahan be-n e radon. z ent of the Senate numbered 83 and concur (A) at 5 perant of the applicable rate of The program shall include the fouowing ele-1 ll basi pay. for periods after August 2.1981. menta 4cr elements which would provide. 1'}i W rein-and bef ore October l.1983: and. r*mtin' resulta); -r-e Mr. FORD of Mich.igan.Mr Spenker, j (B) at 3 penent of the appucable rate of -(1) Improvement of t:omm'mia= Mon in y Idemand a division of the question, basic pay. for periods after September 30 the Mmtmttration between employees and The EPEFT*R pro tempore. The 1983, and before October 1,1984. y , menarement and among vanous levels-of. I } question will be divided. In add:uon to any other premium pay to. to improve such commimiem -] ^4 The Chair wiu state that the gentle. on -and (B) man from Mississipp! (Mr. Wurtrz:0 'h3Ch
- I"d'"d"*I 1"' I"d ""# I's enu. through the use of management h15 the time. Does the gentleman wish '
employee Z te se histime for debate now? ny edgible 'e=ployee Ebo, before.the l ning fo[ ~ajor ~ Qal i-Mr. wriu u.4. Mr. Speaker I yield. date of the enactment of_this section, sepa.: m to the gentleman from Pennsylvania rated, or otherwue, cessed to be an ehstble changes which (A) permita and encourages 1 7 employee due to a disability than not be employee parecipauon and (B) takes into ~ (Mr. Cot 7CIn.ne). discual1Ded from receinns premium. pay amosms the major personnel heten e - .t -The SPEAWTR prolemport."If the underthis suha*rHon forsuch acrnce. r *.. as retrainW. re ated with implementing suchchanees.Such" - f ~ gentlemandrom-Mississippt-does bot (bx1) he.s. -United States code.-is seek to control debate time;2.he Chair amended by inserting after secuan 5546 the restrucunmg. -- - - x.A - r ^ M vn1 put the question on racedfw.. ~ IDD0""8 D '"'""' - m- .*(3)" Use of part. time-employee's.l [ The.auestion 1s. wiu 7the.-House ~Asa. Air tratne antronem pnmium time.<!uty **nmats, temponry mamannal .4-over-i Ter'ede J.from ilts Mitsagreement.go payfor proMng smining. transfers, or other comparable means to tw - Senate amendment No. 837 :-..
- (a) the Mmintetrator of the Federal An-manner wb* :h is cost.cfficent.C : '... spond to varbu
,, f The House receded fromftsha tree. adon WW%n may pay pnmium pay. 2nent to Se' late ament
- ment No. 83."
to any air trafnc controner of the Federal N Penodic employee meys to deter-, y pro tempore. For Anacon Ae~W<trauon assigned to provide mine employee atutudes ara opinions with The a l What purpose -does the tentlema" on-the-Job training to another contreuer of respect to (A) the. conditions within the or-Il from Miahienn (Mr. FotD) seek recog-' the.MmWetracon thDe such other mn-- formance including crgun*=Mana3 mmmu-g=ntv troner is actively engaged in the separauon nltion? r%. ?- nie=*trm coordin =
- inn. and 4 uty assign.
- gA,
. and control of air tra:Uc. ~ m~',; raz menus.wrros orrzarn stwa. rou or "(b) Premium par under this secuon for ment methods (B) the guaUty of superfl. _ ['I jI) saemoa ~- any controner omviding on-the-job training sory leadership. (C) the qua'!ty ef. inters.o. Mr. FORD of Michigan Mr.' Speak, shan be paid at the rate of 10 percent of W. uen among employees, and (D) the degree 1 The Clerk read as follows:- th..e controller provided such training-and ' 6 er* I cffer a preferential tnotion. base pay payable I r the pen ds e ume. Inotsymumof e uployee teamwort. Job==Maninn Senate-amendment numbered 83 with anMr. Fonn moves that the House moeur An : eddition to any other premium p
- (5) Mod 1Destion of criteria used for relec<
A tion of supervisors to assure that selecuon NJ ament"nant as foDows:In lieu of the mat the individual involved may be ent!ued.".' occura not merely on the basis of technicali [- amendment. insert the foDowing" proposed to be inserted by the Senate _ Vnited States Code. is amended byinserting knowlehand pronciency.but also on the hk basis of the rc:pect acmrded the Andkviduais by other-employees and the individuals Sze.. (aX1) The Artminietrator of the af ter the item relating to secuon 5546: "5546a. Air traffic controDers; premtum pay 'ual. demonstrated management skH1s or poten.' '!i* r secuo a e I r providing trutninr ", trJrustrator") may pay premium pay to any (cXI) The Secretary of Transportation "(6)" Modification of criterta used for per- ] thsible employee of the Federal Aviauon shah take aU pracucable steps to assure that formance apprzAsals of supervisors and man-Ahh.rauon for service as such "an em-the Federal air traffic control system is at agers toinclude (A) the extent to whleh em-playee between August 3.1981. and October full capacity not later than Apr0 30,1983, ployees have been kept informed of matters ,,. Q the appbcable rate determined under para, The Secntary shall promptly certify % the affecung employees. CB) the (y 1.1984. Any suph premium pay shall be at ucspauon by employees in sppropriate M u-Com=2ttee on Post O!Dee and Ctvil Service sions. (C) demonstrated employee team. y, - grsch (3)' urpcses of this subsecuon an em. (2) Por p of the House of Representatives and the mort. (D) employee morale.and job atu. . ;g3, Committee on Governmental Affairs of the - tudes, and (E) the general quality-of the - ployee is an eligible employee if-Senate whenever- , work environment. M LA) the individual occupies a position the (A) the air traffic anocation system of the duties of which are determined by the Ad-Federal Avtauon AdmWutrauon ceases to "(c)" The Admintetrator shall annually F ministrator to require the indirtdual to be be m effect. and report to the Congress, the Secretary of [L directly involved in or responsible for the (B) the Federal Aviation AMmWatratAon Transprotauon. and the Nauonal Transpor- ,, j control system, and the position-has employed adequate ciruian personnel to tation Safety Board on the implernentation operauon or m=M'*a=~a of the 31ftra!!1c n of such program. Such report shall include f., operate, on a continuing basis, the Federal for the annual penod covered W such (ff C (1) is in an air tralue control center or ter.. air traffic control system at iull capadty minal or in a flight service stauon. and is report-(2) For purposes of this subsection, the eintdfied at a GS-9 level or higher in the air term full emadty" meana the capacity to ployee surveys conduc -hh I !
- (1) a summary of the results of the em-p th trafhe control spectahst series, -
(11) is in an* airway facility sector and is safety-handle, on.a daily basas and on a - (bN4)of this sectfort and -* iO pest hour basts.< air trathe levels egaal to etancWed at a GS-9 or WG.10 level or those which existed during the 12-month
- (2) relevant personnel ^ staustics *1ndica.
rP higher. or - _ penod endmg July 31.1981. with worgweeks tive of the suocess of the personnelmanare. [d (j. 2 ment program estabushed under sube=cuon '( t,,- p __ f w
h ~ H S378~ CONGRESSIONAL RECORD-hO'USE October 1,3383.%~ 79$ (b) of this stetion. includmg number of em-win eventually achieve the goal of a' (b) Specific factors. Among the reasons O whien may be used in rnak.:rg a determina.. lE p;oyee grievances ided. extent of sick Icase rentahzed system. tion under pars. graph tal of this secuon. any % usace. and ntt=ber of resignations and My colleagues know that I think the ! me fouoring reasons may be constoned % > other separations?. fired controllers should be rehired. In
- D'** # # #** #
- N
(:) sectien 3364 of utle 5. United States my view. the real problem is an intran. (1) Delmauency or misconduct in pnor Cooe. u amended by inserung precedmg sigent administration which refuses to emplerment; .T before "previszens of thu subchapter". recede fro:n a hastily arrived at and c) Cn=tnaL dishonest, infamous or noto.O.~ C *The analysa for chapter 33 of t:tle 5. d ID-conceived decision to ftre over noasty disgrace!ul conduct; Un:ted States Code. is amended by inscrung -i af ter the ste= relating to secuen 3385 the 11.000 employees. That decision, and 2 fouer.ng new item-the administration's refusal to change (c) Ad tional considerations. In m=HnrE
- ~3366. Pe sonr41 management improve. it,is fcretng the Government to spend its dete=matien under paragraph ta) of ment tn the Federal Anatica A*k-over $1 billion to train new controllers this secticn. OPM sha.u consioer the ic.uow.
trauon.". with the result that we will have a ing adinonal factors to the extent.that.. te) Dun =g the period best=ning on the raw. inerperienced work force for these facte are deemed pertinent to the m individual caser "m date of the enactment of this section and years to come. (1) The kind of position for whleh the.D 6mdmg 180 days af ter the date of certifica-If I could pass a bill to accomplish tion under subsection (cX1) cf 1.his accuon. Tehinng I Would. But the votes are not person is applitng or in wbjch the person is employed.1ncludmg it.s sensittr2ty;. no amployee of the Federal Anauon Ad=m-here. That is a political f act, and I rec- '23 The nature and senouses of the com istrauen who is s.n eligible e=ployee (as de-ognir.e it. The amendment I have of-imed m subsection (aX2)) thall be subject-f ered wog not requ2e tgt anyone. duct (3) The ciret.mstances surrounding the (1) to furlough tmder subchapter II.cf be rehired; nor would it entitle any conduct; chapter 75 of utle 5. United States Code. or Iked ControUtr to a job. Those are the (4) The reaney of the conduct; (2) to any reduction-in %ce action under facts. The amendment si= ply'would acu:n 3502 cf title 5. Unf tes Mates Code. .(f) Air traffic controllers. ose employ. permit the ndmi"ittration to rehire Now much more discretion does5he. ment was terminated on account of.the former -controllers -in the future, sinae cf air traffic controuers which began-should it decide it wishes to do so. .... mAministration believe it needs? What en or about August 3.1981, shall not, as a Unfortunately, the ahinetton is are they afraid of? - class, be considered unsultable for remstate-1=isleading rnany Members of this-,1 think we EU know that these unT ment or appointment to any position in the House concerning my proposal. It supported rintmt of the =d*iestion. rini t my proposal would prevent are just a smokescreen thrown up to-fired controHers from being disquau obscure its real problem. The realbb jl FedIral Amuon ANtrauon. Determi-naurns of suitabihty for reinstatement or fied.for employment on suitability problem -is that this ar**eation,5;i. No$a by basis by t5 of Personnel Vwarement in accordance grounds; it claims it would be forced to like all other administrations before it,t f ' cth ps.rt 731 cf uue 5 of Lbe Code of Feder. rehire-all the fired employees; it.does no; want the Congress to correct ' ---a! Regmantma (as in-affect on, January L rinims courts would overturn its ded. Its errors. It does not want-the Con : s - s . sions not to rehire particular control _gress to reverse.the President's suit-jyh i .3 982).. '1 4. ~- ~... .(sx1) Escept as provided in paragraph (2), lers. All of these eintmt are unfound. ability bar. I think we abould heedtheM < - t2ns secuon shall taae effect.on the date of ed unsupported. anduntrue.~ ~ l words of _the distinguished /:ninorityi:d : < the enmetment of this secuw e For months I have been pressing the leader -erplatn'ne his break with thew ~ [ Secretary and his General Counsel for ar* ministration over the Soviet pipe.Q_ any legal authority to support these line sanctions.. As theminority leader @' u pay) a e 2 3g32, ein'm t On August 26 I wrote the Sec-wrote, sometimes you have to provide <B) Subsection (b) tr^tt" to on-tLedob traming premium pay > aball take effect on Tetary asking for.any legal opinion or. a way out for the. President.from aN; the first appliemhie pay period which begins memorandum supporting these einims policy which is counterproductive *- T. ~ ~ -after_tbe cate of the aarment of this sec-I have receircd nothing. Not a zingle liy amendment contains other pro-y,e f._.1 _tr.~T - sheet of paper has been provided. Not *Tisions to promote speedy recovery of".? 1 Acon _. Mri CONTE (during-the Tent' int). a single case or statute dted. -r.. i a the air traffic system. Specifically,1t: '-f f Mr. Speaker. I sat urmtmous consant I have authority to support my post-Ftrst; provides a 5-percent pay -difF ~ that the preferential motion be consid. tion that my amendment gives the ad " ferential (retroactive' to August 37."' cred as read and prmted in the mMtration all the discretion-1t could 1981) to be phased out by fiscal year
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possibly want, should it decide to 1985. ~ ~ The SPEAKER pro tempore. Is begin retiring. My authority is the Second, provides a 10-percent OJT... - there objection to the request of the law, title 5 of the Code of Federal Reg-differential. ulations. My amendment overrules the Third, ' directs the ' Secretary N of m -d - ^ ~ gentleman from Mattnehusetts? President's suitability bar against con-Transportation to take all practicable 1 There was no objection. troDers as a class and requires case-by-steps to return the system to. full ca. The SPEAEF"R pro tempore;'Since case suitability <!eterminations. -And pacity by April 30.1983. ~~ thz house has recededcthe gentleman here is what the Code says about thest Fourth, insures implementation of a from Mississipp!'s ortsmal motion has determinations: the personnel management recommen-I been preempted and he did not seek to control time therefore the gentleman I 731.201 Authortty. dations of the Jones' task iorce. from Michigan (Mr. FotD) will be ree-subject to subpart C of this bart OPM Fifth, prohibits RIP's or furloughs ognized for 30 minutes, and the gentle. may deny an appheant n=tnation, deny of essential employees during the re-man from Pennsylvania (Mr. Conch. En thgible appomtment, and instruct At* building period. S asency to_ remove an appointee when OPM - The n8mintetration's proposal does@ I.ns)Till be recorntred for 30 minutes, De Chair recorn17ee the gentleman { D d M*"*
- O ' nothing to speed recovery. And it pre-y. [
frotnMichigan (Mr. Fonsk I 73t.202 OPM deter *H= - o $ s..Jsents the foHow1ng signWcant prob g Five-percent permanent pay differ T ' Mr. FORD of Michigan. Mr. Speak-(a) General. In determintng whether its cr the amendment I have offered acuan wm promote the effmency of the ential (retroactive to August 3,1981). g1ves Members a choice between two servlee. OPM ahall make its determtnerion for over 25.000 FAA employees-less - different roads which are both marked on the basis of: " road to a revitalired air ' traffic (1) Whether the mnduct of the tod!vidua} { than 10.000 are working controllers. '7 j sysM Unfortunately, one of these may reasonably be erpected to interfere This is a bad precedent which distorts P with or prevent effecuve performance in the pay and classification system. and 2-roadscthe one proposed by the admin. istration is a dead end. The other, the hurts morale of other Federal employ > ?- te u a o emp e, ces who are capped at 4 percent). i . one proposed by my amendment, may may vessonably be expected Jo interfere r have some potholes due to.a hard witn or prevent effectrve perfermance try. Civilian and military retirees.cm-g.. I winter, but ahould t.be Secretary of the employing agency of Ata duum and ve.. ployed by PAA can receive both ~ full M f Transportation proceed carefully, he ~mei hi t' ties.. pay and full pensions (double dipping). 'T. 1-) i 4 - q e gI_
M WA a Ociqber1/1983 CONGRESSIONAL MCORIb HOdSE 3 No provision insuring implementa-H 83% tion of the Jones' report or to improve ministration not just air traffic con-trollers. out of the mHlions of Federal employ-1 morale. .j No provision to expedite rebuDdmg A year ago when this same proposal ees. cf the system. was considered people were misled on By contrast, the other day we had a
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I ask unammous consent to insert in this floor in*o bebeving that an it did consider.ble amount of discussion on J the RrcoaD at.this point a fun expla-was pay some overtime to the 17yal the Door over the military pay in. nation of my amendment. workers who stayed on the job. But we crease. I am going along reluctantly 9 3 I should address one other argument were paying the overtime tnyhow be-with the nemmhtradon to give AU of { cause Federal e=ployees are covered the employees of the FAA this year a ] the a"-utration is m a kmg-that the House hrs once before passed its by the Fair Labor Standards Act and 9-percent increase whDe we give the y se are ret;uired to pay, by law, over. mihary and czvinan employees of } preposal. It is true that the House, by tune to people who work overtime just every other agency of Government a 'l t a 30-vote margtn. passed the ar*~ fnN ) tradon proposal last November. But a as trivate corporations are. 4-percent increase. i lot of things have changed since then. That confusion certainly should not That is indeed generous. But tmfor. exist in aclybody's mind at this point-tunately it is not going to buy us any-The training academy's rient per. 3 What this proposal purports to do is thing. ~ formance has continued for almost a. revitahze the entire air trame control My substitute provides that the bar 1 year. and a Federal grand jury is inves-tigating grade-fixing charges at the system by garmg z.H of the employees against hiring former controUers who a of the FAA a different GS pay sched-struck will be removed. In short, any 7 acace=y. Morale has deteriorated. ule than an other Federal employees. fired controller could now co:ne in and ] The -National Transportation Safety Both Senator -Srevrss on the other Board supported my committee's find. apply for em ings that the m* mink ration's rebund. side and I have been concerned about they now can.ployment wit incidantally, with every t ing schedule was unrealistic. A spec:al the precedent of having a separate par other agency of the Government. system. We are no longer peWw task force appointed by the Secretary Every argument that has been made strikers. We are punishing the 5meri-the g" of Transportad:m delivered a scatNng for a better pay schedule from the top can taxpayers and we ar attack on FAA maanrement findmg to the bottom of the FAA can certain --.the employees on the job. We stIU that poor personnel management was ly be made for the Department of Jus-.have people working 48 hour weeks. 'a major factor leaMmr to the strike. tice. No one would argue that the FAA We have people on meraments away has mon professional people.em-from their homes. We have retirees /_ D 1740. ~ '.My amendment addresses these mat-ployed that they are trying to retain who have been called backc - b ters which have arisen over the last than the Department of Justice, the Them is nowng in my.ahe.de year. The IRS, or NASA., that mandates the hiring of a single proposal..is. unchanged and.ignoresnMminktration's.. original. -Our committee rep' orted a bHL as an alternative to the*mhation bin. Indeed, it spells out specificaHy thatperson qp these important developmentC - ' that wouldhave given allaf the em- .2 have seen ? Dear Coneague". letters ployees who-stayed on' the job a 10- they can refuse on a case-by-case basis 'j andI have seen handouts here that truly astound me because there would percent bonus calculated on their total (* sui P e ho is foun6 be g g e- ~- pay from August 3..I98I;to January 3 .MDI M M M - - - - .h' be,indeed,no compromise before usif "I983 er, win the gen'tleman yield? gpeab~ .they were truthful.and -they.in fact ~ - ~, ~ represented shat isin2ny ament"nent. come fron1 That-was the+date that-Where did,the Jama*y 198 Mr. MD of. Michigan' I yield to. I see the genueman from' Illinois was promiscuously te genueman imm Canfornia.. IMr. DrawnszD andl took up with being thrown Mr. JOHN 1.. BURTON..I. rise in him a few moments ago a " Dear Col. around the country by which the air stmv mpport of the. gentleman's league" that he sent to the Members full operation and everything wouldtraffic control system would be b modon. which states. among other tHnn that by hunky dory, end if we were paying cme".t pracuce u a , [; I think by fonowing through on the .i my amen'dmen'.huld deny the people who stayed un the job during the these people for the extra work that ishing the Amedcan taxpayer and c strike thed pay increase. they are now faced with because we those workers who have cone out oa I would like to ask the gentleman if are short of air traffic contrr"~ e.nd strike but I think we are also punish-woefuuy short, then it was my fechng he would clarify the statement in his' that that pay ought to be more gener Nation.ing the air traffic safety system o " Dear Colleague" letter at this point. 1i Mr. DGWINSEI. Mr. Speaker, will ous than 5 percent. But it ought to be I do not belleve that air traffic con- ,)] related to the people who were on the trol has come to.to the saiety stand. , d' :{ the gentleman yield? .lir. FORD of Afjchigan. I yield.to Job on August 3 andnot au future em; ards that existed prior to the firing of ployees of the FAA. c Mr. DmWINSKI. A clarification is We gave up on that. Now we have all of the air traffic contreuers. dl the gentleman from Illinois. It takes years of training, education. come around to one nAmt*tration's in order. and work experience to have a safe politely I use the word -compromise;' The gentleman's, at this time and everybody in the FAA a 1J 1 rience on our subcommittee that is would provide the same retroactive increase instead of a 10-percent bonus, sadly lamnr at this time pay and then the pay for fiscal year proposal.and the m>'mm% tion's isHowever, the difference betwee s , q;', ' s ys 1983 Troposed by the mAm'nirtration. 'M 1984 and 1985, where the pay differen-It-is from that point on, fiscal year permane this: m apply and aDowing a determinnflon to f{i. be different than the pay structure oftime the pay structurein th tial becomes an tasue.. M Mr. FORD of Michigan. I thank the gent'eman for that clanfication.. all of the rest of the civil service. toward getting our system where it i Ti was prior to that.. (p that the subsutute that I am offeringIt is important that you understand -and every penny to.
- a e is virtuaUy everything that the ar* min. that the FAA wants covered, but to about a wholesale type of amnesty, as some of us would have preferred, fh istration has asked for. The difference sunset it by fiscal year 1985 on the should find at least this approach as a theory that surely,if they were going C
is that the nAminfetration bill.at-tached to this continuing resolution to have the system up by January of good compromise and I commend the [ makes a permanent chanre in law 1983, they win have the system back gentleman for that. - j with respect to the pay of 25.000 em-to normal in 1985, and there is no fur. Mr. FORD of Jdichigan. I thank the extraordtnnry hl}g g . gentleman ii ployees of the Federal Aviadon.Ad-ther reason.for this 7 treatment of these 25.000 employees Of course I would like to pass a-bul I to accomplish the rehiring of all of the
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) ..z m 1 M5 E 8380 CONGRESSIONAL RECORD' ~ HOUSE Octobkr-1f1SigW
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employees who lost thtir jobs. But I solely responsible for guiding out ployed and receive both pensi:n:a'ndi. think I know the temper of the Con-heavy air traffic. The economy has pay. " Now. I cannot go Ior that, andI$ 1 gress wen enough to know that that suffered because of the limitations im. do not believe that Senator STsyng f. would be ! utile and I have made no at-posed upon the strained and over. and his-people on the other sidevant/. 4 tempt to do that although my actiens worked system. Because of the differ. it. We should not put the stamp of.ap. - have been characterized in that fash. ence in the type of work, and due to preval. I bebeve. on the idea of 2-new. i ion by people, for whatever purposes. the heavy demand placed upon tbm form of double-dipping.~ s:a 1 1 gg by dual duty, the miUtary controner ,I assigned to help guide cWdian trathe Those are the basic differences td.? I tween the biUs. -a Mr. a :rORLS. Mr. Speaker, wiU have not been as great an asset as was v. hoped. I agree that the air traffic con-In closin;. I urge the MEmb'rsN~ 7 I the gentleman yield? e Mr. FORD of Michigan. I yield to trol systen. is " safe," but the system is put aside the misleading statements cf the gentleman from t ermont. far from hea' thy. the ae%: ration and do what;13 Mr. JEFFORDS. As I understand 'I supported the President's action in or reWng the ak tramccons, the gentleman's amendne;.t. then. ending the FATCO strike, and I would sys No nw.rauon Iikes.to - this is no threat to anyone who now support it again today. But I do not have Congress correct its ways.'.but. holds a job in the FAA but merely believe--.and I am certain neither do somehs Ge Congress must to y anows those people who were, in a my coUeagues here on the floor-that ':narse faithfully its responsibuities. - sense, let go or fired because they be- *hese highly trained. capable. and M is such a case. I urge you to sup. ; longed to unions. to come in and dedicated workers should be punkhed port my amendnent apply, as anyone off the street. and any longer. What the Professional Air Mr. MMS. Mr. Speaker wilLthe - then to fend fcr the jobs, as they may Traffic Controllers Organi=.tlon t.id gentleman yield? ., s g.g ? I be able to. using whatever expertise was wrong. The courts of the United 'Mr. FORD cf Michigan. I: yield.to they might have:is that correct? States agreed it was wrong. I.say, it the gentleman from Georgia.- Mr. FORD cf Michigan. Tha'.is TUI be wrong to not aDow mose mem. Mr. LEVITAS. I. t hank the - gentle- .. c. correct. bers of that decertified union, who re-man f or yielding.. RI. JI FFORDS.11 it would appear quest and who qualify. to be reinstat-Mr. Speaker. I have discussed this - that the hiring of an ind:vidual would i ed. The amendment before us does not..whole problem of the air traffic con - cause disruption. It would 22ot be.re-force the Government to take back quired to hire thatIndividual is that fired controUers. AU 1 sta'es is that a troUer situation with the gentleman 1 , correct? case-by-case r+ view of controUers wish-on a number of occasions, in my capac. ' 3 Mr. FORD of Michigan.2s a matter 1:7 as chairman of the Inves*dgations :" of fact, the regulations with respect to ing to return ;o work is in-order..The and;Orersight Subcommittee of the Ford amendment anows those control. Committee on PubUc Works 'nd" suitabinty specificany authertze the ~1ers now working. to receive a 5-per-a Transportation, and I know the gen. OPM to take into account any infor-cent pay differential above and beyond tleman's genuine concern 'about theM .. disruptive action by that person apply-- out by Tisal year 1985. " Workers whomation about disr ing for work in previous Government about how I think it ought to be ap. g L employment.. 1 ~ serve their Nation as < selflessly -as preached, differtnt from those of the? k those-controUers who stayed on the Mr. JEFFORDS. I commend the. job have, during less than desirable.on where we need to end up.-gentleman. bu iQ, gentleman forhis amendment.2 th+nk - conditions. -should Lbe -rewarded-for m J it is a very reasonable answer to a very their efforts. I support a pay increase The provision in the ge51eds .4 difficult problem and, in my Inind, for these people. ee -% -- him about;however, relates to the sig#' amendment that I'would like to' ast = 'j cures what is counterproductive over. LAs I have said, the timehas come to r. kul. restore the normal system of control. nificante of directing the Secretary.c '.C 2Mr.,' FORD - of y' e+tmn I-thank Ung our air traffic. Air traffic control-Transportation to take au prarttenhle
- the gentleman. --,
1ers whoralked off the job over 1 year steps to return the system to fun cat-I.- Mr. JEFFORDS. Mr. Speaker.'on ago deserve the right to ask for their pacity by AprD30,1983' -- December C.1981.2 introduced IIouse jobs back.They have paid enough. In hearings which we had, in which w, Resolution 309. which asked'for the Thank you. ' AMneter Helms testified. it as my I relaxing of lim 1*ations placed upon the Mr. FORD "of Michigan. Mr. Speak-recouection that it was going to be 3 r hirmg of fired air traffice controUers. er. I just want to point out one other 1984 before the system would be back- .i Obviously, I applaud Mr. Foun's hard - difference between theirapproach and in fun capacity, using their phased-m _ { - work on this amendment. I feel -as ours. You remember the horrendous program. ,, ?f v_- } strongly now that the controllers have fight that we went through here this Now. if this language 1s adopted.- j j r.right to apply for-not receive-their year on what we were going'to:do would it nct necessarily require.the,_ 1 jobs back, as I did this past December. about Federal pensions. - And there A'*minietrator.to rehire controllers t I feel as strongly today as I did in De-seems to be abroad in the land the who went out on strike in order to f 1 cember that those controUers who idea that we have to get ahold of make that target date realistic? worked au these months under ad-runaway Federal pensions. Mr. FORD of Michigan. Weu. I verse conditions deserve a pay increase Now, one of the thinn that probably would Just reply to the gentleman that i f-and differential beyond-that of the irritates people when they hear about there is nothing mandatory in that I cther controllers.
- 11. more than anything else, is the idea provision. It just said "Get moving."e : 7
.Mr. Foun's amendment.it.a simple that you tan get-a Federal pension He appointed the Jones Task Force %J- ' and congenial way to honorably re-and a Federal paycheck -at the same which I am sure the gentleman is'f@ ' solve the air traffic controller problem time. a practice called double-dipping. mfitar, w!Lh. And, incidentally,. that we now face 1The sir traffic control The
- Nation proposes in their task force remmmended against-sny* ?
system of this country has not re-version of this biU to allow retired con. pay increase for the employees, saying turned to normal la over a year's time. troDers to come back to work for the it was a vain and useless act. It would " The people presently mntrolling the Government and receive their full not produce any benefits. ~What -is. planes are overworked. Years will pass pensions plus their fuU pay. And we wrong in FAA is that it is notoriously - before the newly trained Teplacements would now, after.the blood that-vas poorin its management practices. ThisN ' f will be qualified to guide aircraft shed here over 4 percent adjustments is not something invented by this See: 3 alone. Fay increases promised to men this year be going back and saying, retary, it has been a problem for years. ~ ~ ! and women who kept our airianes "Except for one particular class of em-We have reports and reports and re-open af ter the strike have not been ployees, any employee who rwas for. ports selecting out the 'FAA -as s'7.' J f:7thcoming. These same workers. merly an employee of the FAAc who is most of them supervisors. are.stiu now retired, can mme back..be em-poorly managed agency from a perWE ' sonnel point of view. ~ 3 + s l d-
i ~ October 1, JS89-CONGRFSS10NADRECORD; HOU$E
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[ ~ The J:nor Task Force recommended steps to return the system to fun ca. Mamachusetta has adready started l that the only thing that could be done pacity by April 30. laughing. You have got to be pulung I is improve the quality of mnnngernent. Mr. FORD by Michigan. Tes. But my leg. I did not come here last term. { We are ascing them to do that. There what practical steps he takes is entire-Are you talking about bringmg out a J 15 no mandate in the April 30. 1983 ly his decis!cn. All pract2 cal steps..ls blu centnNne only the prodston the pronston. But I can assure the gentle-that an unreasonable recuest? &*"tration opposes. I did not ikll man that at least by that date next Mr. GINGRICE. Let me pose this off the tree yesterday. Mr. Gmcaren. year I will have the Secretary and the question. then Should the Secretary That is almost insulting to suggest Mmintctrator of the FAA in to ask of Transportation decide that the that to me, i them what they are doing. I will want most practical step. given personnel Mr. GINGRICH. No one has accused i to know, after they get this pay raise, considerations inside the rystem you of thrt. Mr. For.r. 4 "What are you domg to make things among currently operating air traffic 8 j different than they were before?" . controDers,is to keep in force the cur-Mr. FORD of Michigan. Mr. Speak. ,4 The Jones Task Force teus us that rent ban. would you not then file suit? er* I reserve the balance of my time-i with or Mthout a pay raise, unless Mr. FORD of Michigan. He does not .O 1800 "~ th:re are serious changes made in the have to keep in force the current ban. s FAA. other workers are going to walk.. He can just not rehire any of them. He The SPEAEIR pro tempore. The -i The conditions that were intolerable.does not have to rehire anyone. gentleman from Michigan (Mr. FORD) i in the past ree And they a e not You see. I have been the insulation has consumed ::3 minutes. being i= proved. The FAA has not kept for the Secretary for almost a year. Mr. COUGHLIN..Mr. Speaker. I _i pace wtth its ambitious. plans.for up. Once we pass elther my amendment or yield 5 minutes to the gentleman from j t&date equipment. and so on, and the the ar*mintetration proposal, he loses M n"m ehusetts (Mr. Com). i gripes are st!U there, me as protection, because right now he (Mr. COhTE asked and was given, Mr. GINGRICH. Mr. Speaker, will teus the airlines that the reason that permission to revise and extend his re-l' H th? gentleman yield? the thing ls not working wen is be-marks.) l-1 Mr. FORD of Michigan. I yield to cause Congrmman Foal. Chairman Mr. GINGRICH. I thnni-the gentle-. Fons. is holding up his legislation. Mr. COhIT Mr. Speaker, on No-the gentleman from Georgia. rember 2 1981 the Secretary of Now. I do not know what he is goinE man for yielding. to ten them by. summer. And maybe Transportation forwarded to the Con-Mr. Speaker. I just want to make by summer he is going to have to look cress legisl. tion which would provide A two points One, is that in the earlier around for other excuses. I want to an average 6.6 percent pay. increase-to N working controllers. ~ ~ h ccuocuy with the genueman from give him an of the flexibility in the-This same legislation which wDI '~ Virmont. I was concerned lest some-world. I do not want the Secretary to
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cne misunderstand the situation. I be-have to make a deUberate decision prodde necessary tools to the FAA to h ~ lieve -the gentleman from ' Vermont that Ae.is. Jorgiving somebody for rebund the air traffic system.and suggested that there.were people who striking or:that he is hiring strikers. fa r y compensate controDersJM the, !q F happened to be fired for belonging to' We are protecting him against that by. outstanding work they do.. passed the .a labor. union. The reality is. -you could n simply-saying that there is no ban use last e y 2 v te of E easily belong to a labor union and be against these people as a ebu g 2mo W pan of House Joint Resolu-b y b employed. In fact, a number of profes- .Mr. OINGRICH..If the genuemnn-m. nunate4.,hwerer we si:nal traffic controuers staye'l on'the vill yield one last time. I agree with have not yet been able to enact this y g F ] Job and are still working. The people the gendeman on;his diagnosis about
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1** IO **' # "I * "" I who were fired were specificany Tired the concern about management-and a conhuers m recognhed fu I, ? f3 BlegnUy bremirinr the law and en-morale problems. I do think there win their exceptional performance, L. dangering the system. I think it is im-be morale problems after they receive hament of thislegislation is criti-g h portant1ust to make that point clear. the pay raise. I do not think that is a cany needed. We asked h conWHers d; 5 Second. I would ask the gentlemar I solution.'But let me just suggest that who henored their oaths of office to A happen to arree with almost-every-in fact if you are serious about the help keep our air traffic system going y M-thing the gentlemr.n just said about Secretary's legal power to continue not only immediately fonowing the air k the need of the FAA to clean up its the ban, you already bare a Secretary traffic control strike but while it was ig i. house in midmanagment, the fact that who is telling you that he wiU contin. being rebuilt to former capacity levels. H the Jones report is not being heeded. ue the ban, then surely in your pos!. They have done just that..In. fact. L adecuately. the fact that we have po- _i tion as chairman today's system is operadng atsbout M i tential future problems. But most of. Mr. FORD of Michigan. I have a percent of the nationwide-prestrike _ the controllers I talked to-in fact. vir-Secretary who tells me in direct. con-commercial traffic levels. These.dedi-g j tually without exception-who are cur-versation that the ban is not of.his cated employees have worked tireless-cI rently working and who stayed on the choosing. ly to keep our air traffic system oper. ,j 7 job for the last year had indicated Mr. GINGRICH. It seems likely that sting safely and efficienur mnnv have I-th-t while they would be viDing to. his Fresident win continue the ban. made personal sacrifices to accept re-L have very, very carefuny selected re-Let me phrase lt-that way. locations to facilities-where -greater ,d hiring of a very few, there is virtually Mr. FORD of Michigan. That1s ex. staffing was necessary. In shortm they-ej no support mder any circumstance for actly right. let there be no question have done everything we could possi-: 1 tln scale oi rebiring that the genue. about that st all.Jt is the. White bly have. eked of them.-Sorfar.the j O man's amenc went would 411 rect, s2 House'that-is tening the Secretary not Congress. recognition-of-these emp - _.g j; would simply ask this question.--- to hire these people back. And it may tional-efforts has musisted of rhetoric ,n 1 Mr. FORD of Michigan. Wr.it..a t d minute. Where in my amendment? I continue to do.that. And if this Secre.- rather than money. It is important ro. g];j tary'wantslo make that more impor. remember that adoption of this pack. l-just got through exphinint it. Now. do tant than getting the system back up. age wiu not increase Federal expendi.,y t ,i hl not try to mischaracterize this thing that is his cholee. tures. The cost will be absorbed by the M c further. There is no mandate or direc-Mr. GINORICH. II next summer FAA's fiscal year 1983 budget. :r_. :... .d p g tion to hire anyone. Not one. Now.-let that Secretary decides that you are - I ask my colleagues today to support' J us keep the record straight as long as correct, then as chairman of that com-the enactment of the Senate control. q%p 1 we can. All I do is let them apply for mittee. you could surely report out an ler and select personnel benefit pay -h p' ? employment. It does not direct the re. appropriate vehicle within a matter of packare which recognim although 0 a l employment of anybody-
- 1 24 hours, so there is no need at this long overdue, the ouwwww services-1~
standing that it directs the Secretary Mr. FORD of Michigan. I must re. ployees have performed on behalf of p f' Mr. GINGRICH. It is our under - moment to110 thatt. . -, c.~ that FAA.controUers and related em-cf Transportadon to take all practical l claim Iny. time..The genueman from. the - American traveling public and -
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'H S382 - CONGRESSIONALTECORDIHOUSE T. October.1/JSR,i.H ~ oppose the amendment gf7h3 Etnt]e. is ling ontdue. W3 are gra.teful !If th2 pro- 'rary pay increases.- th.n phase them.;. man from Michigan...: - f ession a.t k and dedicauon -demonstrated down. The loyal men and wornen wh2 L ' by the w rting cxantrolle s and the other air serranza ti.198t. remained on the job deserve to receive Bub >cet: Pay legmauon, for Air Trafne Con. kuo '2 b . ' the pay packare which was promised:. ! M ers. uon. The prc= Bed benefus are wen de. them despite the in. advised strike. u... 1 Hom or RmasmAMs. ;- served and abould be prompuy approved. Actually I apologize to the House for - 1 P tmnic The undersigned Signed by the Aerospace Industries ' eng any time, because after the elo.. l orgnemons representmg au segments cf Association. Signed by the Air Trans. Quent words of the gentleman from
- the avtauen ec=munity--airlmes. general port Associaticr Signed by the Air. Man-husetts, which probably wn] go crisuon. airports, pilots-strongly urre your craft Owners and Pilots Association. down as one of the more immortal j
support for long.oelayed compensauon leg. Signed by the Airline Pilots Associ. House debates, nothing else reauy 1 tuauon !cr worung ur tra:De contro11em ation International. Signed by the Air. should have to be said. rfofm d$y [ .' port Operators Council International. But just in case he did not make his ' jo er ed traffic centrol person.nel and T'.11 insure S gned by the General Anation Manu. point ec=pletely, I would like to run. ] that these men and wernen are fairly com. facturers, the Helicopter Association, through some items, and in the procJ - pensated Jer the work they do. Por more the National Aeronautics Association, ess remind the Members of some of - thr.n a year. these FAA e=ployees have the National Air Transport Associ. the points made earlier by my good been prom 15ed the increased beDefits Con. gtion, ~ friend f rom Michigan (Mr. FORD). tained in the preposed pay pe re. - Mr. COUGRT?N. 'Mr. Speaker. I P.rst, let me explain that there is ilo to$t yield 8 minutes to the gentlem m from real reason why we should have a h as the cand Senue last year and approved by the. Illinois (Mr. DawmsKt). problem in this continumg resolution. - - Senne 16 sam durms 198t. We hope you will (Mr. DGWINSE'I asked-and was We passed a bill ottt of committee in foin effe-ts to haSe the matter b*ougnt up given per-tmion to revise and extend May, a biU unrmeptable to the ahntn. r and favorably voted on pnor to adjourn. his remarks.) istration; basicaHy the same bul that ment in October. Mr. DGWINSET. Mr.' Speaker, this.my good.freind, the gentleman Trom The par paetage approved by the House amendment is described as a compro-Michigan (Mr. Fonn) proposes now as and Sema last year is fa:.r. ecultable and mue, but it is basically a rewording of a sc-called rubstitute I proposals the Federal Aviation Admin ~ The Senate passed their version on I essi ad eda de ons*. by worting contreue-s and othe air traffic istration could not live with. The the ?"Ith of May and incorporated that control 'personneJ who are sening ~ the anlendment takes the same old posi-basic language into the continuing res. h nacon ett loyalty and env* ton. ibe tion to ignore public opinion-and 1 olution... 'why welre in the legisC 3 1 promised benefita aresvell. deserved -and rehire the strikers who have inflicted ~ So that is abould be promply approved. d=~nre on themselves and the Nation tive situation that we are.. '~ The you for your en dderauon and ~We have here the same old position to. Now, basically what we are trying 15~ -8uppo p.- ~, .n.7-deny loyal-air traffic controllers the do is live up to thd commitment made.A, W. ~. "r_S.L-wrtsht AcramaeaIndustries h permanent raise negotiated by PATCO at-the time of the negouations prior.toA' to Thich the -nNnietration rematne mne Pant R. Trm*+ua. A.ir. Trans.
- d. This-Tepeats Jthe <same th'e strike..When the.adminirtrationd- -
h-q.. port _A-SaWohn L: Baker.. Air. p;.oposed a pay phre to PA*TCON'2 ; craie owners and mt AssocasuonM. same old confusion of getting back to 3, _ c.J. O'DonneB. Air.line mta. A und._ which was accepted in negotiations by M prestrike capacity by a date deliberate-I . ation.intemauonat Dnm1M Wme, ly set to force rehiring of atleast some ~ their leaders, and then rejected by the --
- M-Airpo't Operators Counc3 Intema-strikers; and athe false implication. -
cab is; wily we ha" veto go.a". rank and fil**
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I.....- nonat Edsard R*.-n. Ocneral Avi. without real-evidence. thWthe FAA1s; back-to August 3.,1981..the.. purpose -qi anon' Manufacturers -nanmuon; T'*^1 k J'D'*C JI *""D'*F h nott*tnr"all practicable steps" to re: being to then provide to those individ. r _ 44. c2 anon Interna 11onat-Ciften.P.-von store full capacity without co. mpromis-- uals who remained on the-job,who did&.; i ~ 2 - -.rr$ [ dmEd hsstAtu.. not enrnte in.an illegal strike,-to'pr --?' Buria g t m
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ansportation'
- e "an; John-torily reverse the President s dec1 Mon vide t.bem with the pay package t.hn.t, E
-wtnart. Naunnas Bus: ness Airerin A that striking controuers are vnsw teble at that time was avanable to thema.nd ~ sociation: Duane Ehulabe. Reconal for reemployment by the Federal Avi. to their rnisdirected .v. e 3 Airhnes Associauon. ation Ar* ministration. I.cyal air traffic Mr. FORD of Michigan. Mr. Speak. Mr. FORD of Michigan. Mr. Speak. controllers have made it clear that er, wal the gentleman yield on that er;will theventleman yield? thry do not want the strikers returned point? - .c.. ,. nw { Mr. CONTE. I-yield to the sentle.- to their jobs. To permit such a situs. ~Mr. DERWINSKI. I ' nld to the gen.' C j man from Michigan..- tion could create umintetrative chaos. Lleman from Michich -- e v* - j -Mr. FORD of MichigarL Mr. Speak. Furthermore, the selective case-by. Mr. FORD of MlWnn. Mr. Speak... T er. I just have -to -defend the people case rehiring which the amenrtment er. I just want to cemet that Thatis@ l :. who stayed on the job. The gentleman permits is impractical. Different stand. one of the -Inost con mon miemncep. Is suggesting they stayed on t.he job in ards applied m different regions would tions that floats around this place. We expectauon of being paid for it. They lead to substantial legal chaDenges by heard it so ma.nv times. -and heard. stayed on the job bemuse they were former controllers who.do not get re. people deny it thadwe now have an-good Americans and refused to break hired.. m re - analysis. .~r o-- - e the law. We were here a Par ago, and Most public officials at every Jevel-. For example, that. pay pa*nre that - that was the reason. Nov the gentle. State, county.- township Jand city-ap;. was. agreed to by the representativesb.c l man is telling me they only stayed on plauded. the. President's -decisionrin : of the union and..tbe -Secretary.butC. % the job because they were waiting for deahnr with the afr traffic mntroHers then turned down by theaminn mem.7 3 this pay raise. That-is a terrible-insult who went.out on.an filegalstrikeson ben.. agreed.to payecontrollen timeM.'r and a -half after.JS. hours during.at to the working controllers. August 3. I981. The fact that -they normal 40-hour. week. -It tagreed to$y ' Mr. CONTE. No; they stayed on the were misled by their union leaders job because they were obeying the law, does not '"mw* the fact that they chnnre - r s . ; em -J W..i j But at the same time you are not violated their no-strike oath. Wetave Air. DERWINSKI..Just a minuteXh going to deny them pay because they - to keep faith with the public whichiq x.. IEt me reclaim my cbeyed the law. You are going to take pects its public servants to.cbeyrthe. ing of two differentpoints here. ;, W. it away from them because-they are law. Mr. FORD of Michigan:The point is' = .s law. abiding cithrne That is wrong. .The so-called compromise proposal. there are three major.1hinrt that PAA8 $y;; Let me read from a letter. ; ;. c., would d ny the umWetnttiontpay; gave -to the employees tin-the agreed @T commitment to _ loyal air traff]c xnn-ment turned down htat are not nowin 'The par package approved br r.he Bouse and sen-inst year a sair. tr a equa.ablecat troner3.by providing.for only:temno.. the u-We~ anon.bm. now,does the@ ~ - 8.; w h$ d.y.:. 4
October 1,1983 CONGRESSIONAL RECORD-HOUSE H 8383 y: gentleman risim that this is just what they premised them belore? One of the points that the soglied that the economic giroblems and chaos g.. Mr. DERWINSE'I. One of the points substitute or compromise addresses is ,[ I was about to get to was the fact that it sets an arbitrary date, the end that would result would soon bring theit of April 19E3. for co=pliance. I do not Government to its very knees. That 3( ' a budge ry problem because there think we should do anything like that, did not occur. Steps sere taken. Con. there was an imphcauon thrt this was 1 do not know when the exact compli-troDers stayed on the job. muitary a + were not the same degree of increases ance will occur, whether it will be controDers were brought in, and a tre. } i, llI for the military. This item has been May, June, or July. The gentleman mendous eilort was made by everyone properly budgeted. This was the from Michigan is right. There has connectu! with the air control system 4 intenu When I speak of the pay package, I been a pubhc relations factor in some and it has functioned and it has been I' r.m f* fag about the costs, the fman-of the statements, but the facts are rebuildmg right along.
- I cial costs.
that very methodicany, very carefuny, [ cc ts b h In the last 13 months you have had Very properly, we are approaching 100 fewer people -Mg the airianes and percent functioning of the system. and there are certun ieamres, by the evidently doing so in a safe fashion. I But what is the real issue? The real way, of his proposal that.have merit. .p hate to be personal, but I noticed our issue is ths,t. on April 3.- 1981. there but essenuaDy the gentleman is cor-Q dear friend from California Gir. JOHN wss an Diegal strike. The goal was to rect. There are problems in the air .q 8 Q> p I. Brvros) providec a valuable enm-bnng the Nation's airunes system to control system. There are problems ment early in the debate. I had not no-its knees. 'Ihe President p operly re. mat are g ing to increase and many of 4 - ticed the gentlemen a"cund for a few spended by keepmg the airhnes flying. them are related to the morale of days. It is obvious he had to fly back When he did so, he had overwhelming mose controDers who have been der 11 p 3 from somewhere. So he was in the safe pubhc support. He also I might add, cated and s:.ayed on the Job. have y. hands of the present pe:sonnel of the had the support of State, local and worked extra bours, have made that !j township 6vv - ent otherals, who extra effort and feel that they have cir traffic system. - Mr. JOHN L BURTON. Mr. Speak-recognhed that this was a challenge to been double-crossed by their Govern-j er. will the gentleman yield? the very legabty and authonty of the ment, who made certain commitments ti Mr. DGENSE L I yield to the gen-goverr ent, when there was a no. to thezn. Those problems of morale. '4; tieman from California. strike provision that that law be ma?n. not ell of which are going to be ad. M' t tamed. dressed through keeping that commit.. Mr. JOHN I. BURTON. Mr. Speak. cr. my plane was delayed an hour and pow,.the concern over the people ment to them, but so:nc of them win .J a half because of a slow down because who struck, may be justified. I think be, that problem of morale is going to M : .they do not have enough competent they were badly misled by their lead-Fet worse and, indeed it conki get enntro3ers runntry the air traffac con-ers. The pomt -is that they violated worse to the point were the safety.of /@;. trol system. And every Member of the their_. cath.and they conducted an 11 the a.ir control system. which is now I I Congress who has had a flight, every legal strike. The courts have so ruled thtnk in good condition, could rapidly d" '. flight they have taken go on time like and we are at the point today. and this and dangerously deteriorate. - Q l Wey aised to before the strikedhould, whatis going to be the kerrote. and this is I am not speaking hypothettem. g k.' "i = 'd ? you are.votmg on. You are have had countless conversationsvith - l vote with the gentlemen frnm mnM" dela voting to provide proper compensation worting controllers. Our committee h as pr mised to those men and women staff has gone an over the country r.nd -- g3-t ~ who continued to.legaDy meet their spoken with those people. They are - - 7.:~ ;mD 1810' - Jr i . +._ obligation as Pederal Government em-i: 2E_DERWINSEI. I fee 2 'my point pl yees.Thatis really the issue. - ded.cated, but th'y feel like someone + hascbeen wen made, because first of Do you want to reward the people has welched on their agreemen? and l F that mmenne is Uncle Sam. aII. those of you who have any who served legany or do you want to memory of the years'you.have been have your vote interpreted as associat" .I t.hink it is our respnntihility.today .H = to recttf v that. '[d flying that you have had fewer delays ed with those megal strikers who per. in thelast-13 months than you had formed a += vice.mt just to them- .I would like to say one other thing 8 prierto that if you have a delay at the selves.~ hat to the Nation.fIhat is the There are other chanres that have to d.: present time. it is fcr your safety. mal issa befon us. N real 1: sue is be twie and I have discussed with Again I say. I am so pleased that my shah we now once and for all rectify, Secretary Lewis and Arim+nistrator I dear inend. the gentleman from Cali, clarify, properly I.2eet the responsibili. Helms some management chnnres fornia, is back with us to give me the ty to the loyal Amencans who served that have to be brought in or eise you support that be perhaps does not reaj. the public -who met their oath cf g g p. [, = ize he is, but down deep in his hea-t othee, who in a responsible fashion hke MW Wm hp Lem l he knows I am right. kept the airhnea movmg when they there was bad morale and poor com. Mr HYDE. Mr. Speaker, w!H the were faced with a deliberate, illegal municatJon between manaren2ent and
- M 5-gentban yield? :
? strike.That is the issue before us. 2e employees. Some of mat is begm-Mr. DERWINSEI.Tes, Mr. COUGHLIN. Mr. Speaker. I ning to be manifested again and the p,j f - r Mr. HYDE. Mr. Speaker. I e mnot yield 4 minutes to the gentleman from Jones np rt. to which the gentleman help but think for our dear inend Georgia (Mr. LrvrIas). from Michigan referred, has demon. from CalifornA that hour and a half (Mr. IIVITAS asked and was given strate <* that; but the first step is for delay may have taken them thatlong permimon to revise and extend his re. the Government to keep its commit-to strap him in the seat. markr ) rnent to those people who stayed on g .Mr..DERWINMT I just hope that. Mr. LEVITAS. Mr. Spenn. I rise to the job, who have put out that-extra Q,,. U2 keep referring to our dear friend oppose the proposal of the gentleman effort. Many of them 'have told me y g' from Califnznia. We remember that he from W@n and support the pro. that on-August 3 1981. --when the, yd j,1j. comes from12orthern Caufornia. He is posal that has been added by the strike beran, the troublewalked out of not a Hollywood celebrity, so his ego is other body to the appropnations bin. the control room. The troubles that 1p q not yet out of control. My intcrest in this matter is totany wem plaguing the air control system 414-But I would like to point out, and and essentiany direetwi to the safety were many of the dissatisfied and the 4i at
- t this is something that is inherent in of the air enntrol system, the safety of riismffected members of PATCO. They
' i f1 this entire debate that present data the airways. When the. air controUers, left. ~ shows that the air traffic system is the PATCO orrnntration, went on an The system is running wen now and. J,, i 7i N 2 now operating at SD percent of the fliernt strike in August of last year, it it would be a rfinneter to create a s!tua. l ' L prestrike level. was believed that the system could not tion where manv of those problems t' & = .I reemph nm. the safety. factors are be main +=inad with the remainw con-were brought back into the control i < Q_ being carefully m='n***d.. troDers who stayed.cn th.e job.and $.9 room. g e
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- YW \\ Odoberd,qMM h; H 8384 CONGRESSIONAL RECORD-HOUSE Adoption of the nAminicatiod : y Let us be frank cbout it, and the Mr. SNYDIR. Mr. Speaker, I rise in gentleman from Michigan has made opposition to the motion of the gentle-plan would be better policy. It givegy. ~ thei no bones about it. man from Michigan and support of those controllers who stayed on the - 1
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The SPEAIER pro tempore. The the administration's proposal to in-job what was promised to them before. ] d time of the gentleman from Georgia crease the pay of those air traffic con-the strike and does not reward those ~ whf 1 (Mr. Lrvms) has exptred. trollers who did not. like so many of who deserted the air trafic system *nd ' 1 00 Mr. COUGHLIN. Mr. Speaker, I their coueagues, go on strike last violated their oaths. Moreover, it con-M ; 1 yield 'I additional minute to the gen-August. I believe the time has imaHy tinues to let FAA decide whenzther i er, tieman come for us in the Congress to recog-system is ready to return to fun espaM,, ~ jog # Mr. IIVITAS. I thank the gentle-nize the outstanding contnbutions ity-without creating any incentivestip tral cu man. made by those controllers and to com-do this before the additional traffic. Tne heart and soul of the gentle-pensate them for their faithful and cr.n be safely acco=modated.- o;r man's amendment are the pronsions dedicated service rendered durmg a Let me add this-I have personal pld that first would permit the stnking most difficult period. friends who, within days of the strike..- t controllers to be rehired. which stand-As the rnnkinr minority member of realized the error of their ways andb - m ing alone may not be such a bad idea the Aviation Subcom=ittee. I am very sought to repent.I reaHy wouldlike tol ~ fo on a case-by-case basis, but taken in well aware of the problems that have see them rehired for personal reasons'. conjunction with the. Apru 30, 1983 resulted from the controllers strike. I hope the FAA can find a way to<1ob W date to get the system back to fun ca. Countless flights had to be canceled that. However,I sincerely believe that ' ard pacity. it is simply saying that there and airlines and general aviation auke for Congress to'suggest this, as.the pey would have to be a mass rehiring of have iound access into our major cities gentleman from Michigan would do,is~ f Th wd the striktnr controllen who violated extremely difficult..However, I would to invite other Federal employees.to, a the law, many of whom were the prob-like to remind my colleagues that if it iollow the PATCO course, relying czi{ j led le=s that created the difficulties that were not for the exemplary service this action today as the precedent that tai i bid led to that situation on August 3,198L rendered by those supervisors and Congress will give their tacit approval 7-We cannot permit that to' happen, journeyman controHers who did not to striHnr against-our Government.4 l-hs but we should keep Uncle Sam's com-strike, the disruptions would have This we must not do. .= jol mitment to those controuers who have been far more severe and widespread.,. Mr. FORD of Michigan. Mr. Speaki'. ] worked and I think many of the prob-I wiH not repeat all of the provisions. er, win the gentleman yield? P* lems that we are now berinninr to see of the nMministration's proposal. Suf-Mr. SNTDDL I yield to the gentle. ~ 5 nh will be elWinnted and then we can get -fice it to say that the major element man from Michigan. w: .cn with the rest of it and return the involves a 5-percent pay increase for Str. FORD of Michigan. Mr/ Speak.O - er 1 11 system to full capacity with improved an working controHers, as --ven as er,'I am compelled to respond to the1' Y morale on the part of the controllers. flight service station specialitts, and gentimnn from Kentucky. He is obvi-' I ttrge support of the Senate,provi-the payment of various premiums for ously not current with the situationi H St 1 LI siin.. controHers who.take on additional re-and I am certain'he did not mean*y% ~ lir. FORD of Richigan. Mr. Speak-sponsibiHues. .- in'pucadon. to -be -repudiatingatheq5 ta ~ ]t cz,I yield 5 minutes to'the gentlman The *Mication plan is essential-P:.esident's action.L C - ' . - eC from Florida (Mr.Tnmm). ly the same one which was adopted The President has announced to thDi (Mr. TNT AN asked and was given back in No5 ember by this House by a American public that there is nothing7 9 _ permission to revise and extend his & vote of 213 -to 183. Most of you sup-inherently wrong with these people 7 marksJ ported it then and almost a year later who went on stnke; that.they indeed-- Ci I submit to you that the reasons.for -can be employed by any agency of.the@E ~Mr. T NT AN. Mr; Speaker, I rise in P suport -of the motion offered by my your support are-even more compel-Federal Government, as long as they E coHeague from Michigan-(Mr. Foan), Ung todaye 9 do not go back to work for the agency ;. b the chairman of the Committee -on As Tou are aware, the gentlman for which they were. trained to work.g Post Office and CivD Service. - . from Michigan.-the chairman of the We ~ have over.1200,000 Ja_ tratntnr*i-d t I agree that our. air traffic control-Post Office and Civil Service Commit-costs invested in each one of these$ ' 8 d lers 1Lre dedi%ted, hard-working em-tee, has opM the d-Mnication's people. The Post Office is hiring th*=il ?i - ployees. They have put forth an ex-plan and has atte=pted to encoarage The Defense Department was the first' I traordinnry effort during the past 14 the ad:r.inistration to return the strik-Federal agency that started hiring the 'f months as - our air traffic control ing contr0Hers to their jobs. former strikers. The Department 'of WhDe I would like nothing more Defense was the first.to start puttingj. e pay raise orts. than to see the system at fun capacity them in jobs where they could nse.. Under the compromise motion of-tomorrow, I also realize that if we their controller's traminr .a fered by Mr. Fonn, they would receive were to rehire the controllers that did Other agencies of the Government;, n pay increase and this increase would strike, we would only increase the ten-have been hiring these people -since cover the time period during which sions at ATC facinties throughout the last sitener when the Fresident cr- ) the system is being rebuHt. It would country. Moreover, the Ford proposal dered that. So please do not repudiate provides for a smauer pay increase that action by him. The Fresident a te y-1 - p oy than does the administration's propos-does not say they should not work for, al and could require the FAA to rehire the Government; he says they should Those of you who.are interested in striking controDers if this were neces-not work for the FAA. y ~ bla nt in g the budget.in fiscal year 1984 and beyond abould support the' sary to: return the system to full ca-AH we are saying is that as a class ; ;. Ford compromise. It is clearly a less pacity by April of 1983. they should not be barred, and the.R The FAA wtH achieve this fuD capac-FAA ought to be able to pick the goode I costly alternative and it is better legis-ity but it may take somewhat longer ones that they would-like to have-l ladon.- Mr. Speaker.'I urge the House to before it believes the system can back. .q - absorb the additional traffic. I,. for Mr. SNYDER. Mr. Speaker, "I just.. support the Ford compromise motion. one, would not want to create any in-want to say that the gentleman ought ( - centive for the administration to rush to appreciate the goodness of the C < O 1820-. Mr. COUGHLIN. ' Mr. Speaker. I the system back to full capacity.
- heart of the Fresident of the United 9<
yield 4 minutes to the gentleman from When the FAA believes this can be States. because under the law that." Kentucky (Mr. SNTDER). accomplished, it win be done and, untD they violated, they could wen all be 1 a Odr. SNTDER asked and was given then, capacity win be increased on an behind bars, which they are not. He o. ] permittion to revise and extend his re-incremental basis as the new control-has been most gracious, and-to nowQ ; - znarks.) 1ers are brought on line. say that you now vant to give them 2-,; e - - s y. 'd, / .Ad g -
j t = n y odoacrJ, m? ' CONGRESSIONAL ~ REC.ORD HOUSN [
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) ~_ encouragement to hire them b:ck to ess of designing new hardware. new committee, he can bring forward a bul their old jobs is to encourage every software for this system. Never before.. at the appropriate time. He has many other Federal employee in this Gov. in a non. defense.related function, has sorts of redress in the legislative proc. ern: cent to take the same scuon our Government bought and ennared ess, but for tonight on this b!H. the 3 which would shut down the whole a computer system of the s:ze and correct vote. I behere, is to vote no on .1: Government, not just the airhnes. scope we are now proceedmg on. the amendment of the gentleman y Mr. FORD of Michigan. Mr. Speak-It looks to me as if we need a cadre, from Michigan. er. if the gentleman can explain the a group of air traffic controllers. who Mr. COUGHLIN. Mr. Speaker, I ~, y logic of takinr people and spending a are happy in their jobs and desirous of yield one-half minute to the genue-13 quarter of a milUon donars apiece to cooperating in the mnngmg and put-man from IHmois (Mr. Dzzwass). train. and then employing the= in ting on line c! thr.t new system which (Mr. DERWINSK1 asked and was 4 other Federal agencies but not em-will revolutioni:,e the American air given perrdssion to revise and extend ploying them for the job for which traffic system.. his remarks.) - 1 they were trained because they com. So. therefore. while I am not totART M mitted an 1Degal act,I would like to satisfied, and I have miaed feelings Mr. DERWINSEI. Mr. Speaker. as a I' about opposing the proposal ci my young man I ar* fred Al Smith. He c foDow that, And ten me who is being punished.
- friend from Michigan. I think that the used to say. *1et's look at the record **
_1 We are tan tnr about SL4 binion. We happiness, the morale, and the system The record should show that the De. are all panng that to replace these of moving people in rdrplanes in Amer. fense Department does not have anv people. We are not pn*hMr a union. ica.is better served by the proposal problem with air safety, despite an'y 4 The union has Gone out of existence. suggested by the Secretary of Trans" impbcation. But, here is the real point
- . j We are no be.r pn*h*r control-portation..lf the Ford motion prevails of the record: Mr. Jones. whose report lers; we are pu5ths the American there wn! be a po',ential for imhnppi. was referred to by my good friend. Mr -
I g tarpayers. We are going to spend SL4.Dess among existing air traffic control Foc. testified before our committee e-bHlion to train people.for whom we personnel and, that could lead to difft. on March 21. He was asked about his opinion of bringing back the striking have a surplus of the same people, the culues in properly integrating this controllers. He said "This would be jobs. new, multihinion-dollar equipment E othe o ea ra m' control I re ind the gentleman that at the into the system. The taxpayers would President's press conference the other not be wen served by such a problem. #[ y,3 ' "# # N O. night, when he sought to clear up e what he thought was a tnienrtssion .fM , r') M So. I ree.nMN a no vote nWng s created last year when he talked about 'So, Iwould urge a "no" vote on the the pending motion isin order.1 g,, e 57 the 54 pages of want ads in the New motion of the gentleman from Michi. Mr. FORD of hUchigan. M.r. Speak.- Q ,, n York Timcs, he said-be was misunder. gan (Mr. Foto). er I yield myself such time as I may.- g;' i-stoodlast year because people thought Mr. COUGHLIN. --Mr. -Speaker,'I - consume. g that he was denigrating the !=por. ; yield 2 minutes to the gentleman from - MrJpeaker. I believe that there is 9 tance of une=plpyment. He said. Georgia (Mr. G nomt.ren). 'no pmfhle way to belechinttnr some. + 6 b "What I reaHy wanted to point out is - Mr. GINGRICH. Mr. Speaker, I -thing as complex as this. The genue.2 6 that we have to find a w1y to train think that the gentleman from Rantae man from Georgia just said, but he did '2 people for the -jobs that -art -cut has. begun rto. carry us toward the not,I mnt menn to say what be said. there bottom line-on this issue. Rather than we should not be here on a mnHnn*r 2 Now here is theteverse side of the -get involved in an extremely-compli. -Tesolution on the last-day of a meetinn. - ' i coln' We had spent money to train cated situation that has aD-sorts of '"""Mr 'somethtnr that is'Irought people to do these jott, and we are labor.mana rement overtones, legal with ss many implicadons with re._ ( going to prove what-to whom by not overtones, cLrries us back to the com. spect to the poucy of the personnel of ?- hiring them back? Whom arewe prov. plexity both of the air traffic system the Federal Government as this hatis g g ing anything to? What are we doing to we are trying to bund, and also the That is what is wrong with le@"ne;,. f L-
- C savt t.upayers' money? What are we complexity of relationships: it goes on an appropriations bHL That is why C[ q, L
doing to make the system safer? back to-the 111egal strike of last year-we try not to do it this way. ~~ I do not know reaHy what the point we have a chance by rejecting the When a coWttee has di!!iculty ~.j of aH this is. The gentleman frc= a:nendment of the gentleman from coming to agreement with an agency-Kentucky just said that his personal Michigan to have a clean, simple, and I have been negoMattnr with the - 9 desire would be for the Secretary to be straightforward process. Secretary of Transportation for' i l able 11 he wanted to, to hire some of Those men and wo:nen who obeyed months, with an open offer-to-take m them back. I am trylag to make it pos. the law, who served their country, who any kind of suggestion he has that
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sible for the Secreury, if he wants to held -together the air traffic system, would. lead us toward a solution and b"" 1. de that, to do so, and I suggest the who did the job, who put up with 6 legislate in the regular way, and then - l gentleman, therefore, should vote for day weeks and a lot of overtime, being we would have the members of my ~ my substitute. away from their families. those people committee, some of whom have spent I Mr. COUGHLIN. Mr. Speaker. I win get a little, rmn11 tiny, 11tue years on this: I would like to suggest h 1 yield 2 minutes to the gentleman from reward for all that long effort, and the that I am sure no-one over there d Kanut (Mr. GI.tCKMMf). simple way to get that done inntrht is thinks the Post Office and Civil Serv-1- +- (Mr. GLICEMJL4 asked and was to vote to on the proposal of the gen. -ice Committee is bereft of people who P given permission to-revise and extend deman from Michigans -... are concerned for the-welfare 1of the p% his remarks.) By voting no on the proposal of the Federal employees. I think that it, is. i c Mr. GLINM AE Mr. Speaker, this gentleman from Michigan, we assure the greatestconection of protectors of :
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r, _ ^ is a very compucated issue. There may no complexity with the Senate, no the rights of Federal employees to be not be much logic in either position, complexity with the President. It is a found in the House, on.both sides of - W but on balance I thhik I am going to simple, straightforward yes. It is the aisle, including the gentleman 3 . support the position of the gentleman saying that we are grateful to the men from Illinois who just spoke, who is, d[ t-from Pennsylvama (Mr. ~ Coccm.nt) and women who stayed up long hours, " notorious" for his support of Pederal i i" and oppose the motion by the gentle-stayed on their jobs, who obeyed the employees and their organizations. man from Michigan (M', Foani. law, who did what they were supposed and they find him attractive as a il l Mr. Speaker, we are completely re-to do. result thereof. j]i bu!] ding the air traffic mntrol system Now, everything the gentleman from So, what we are doing here is pass-:- in America. My submmmf"*e on the MIch%n has said may nor may.not be ing a major piece of legislatJon. We are r Science Committee has been responsi-mermrate. We can take that up in the authonsing about $10 million in the j e ble for the enormously compiez proo. special session.. As chairman +of the coming fitM1 year programs, retrono. - d. s 1 m h / up y au
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_ OctoberJ,198W.S O H S386 CONGRESSIONAL. RECORD -HOUSE a,: - t!ve pty -to August 1.* 1981. so we Ir.ve My coueagues, vote no en the' Ford less than what they were tiftredh - c' got two fiscal years tnvolved, about $60 amendment. Vote n'o. let us fmish up before the strike. ~. r.,C 1r million and $70 million. this contmuing resolution r.nd let us I would remind my distinguished col.:c.. 3 E It is no rmnH piete of change, this go home. leagues of the importance to the econ-r !f . little amendment that was just tacked Mr. MONTGOMTRY. Mr. Speaker, omy and to the Nation of the aviation ' 1 Gk on by the Senate. If Members want to will the gentleman yield? indusvy. er teach the Senate that it is all right to Mr. COUGHT.TW. I yield. I would also remind my colleagues - i r. run t.round the legislatior never cc:n. Mr. MONTGOMERY. Mr. Speaker, that au segments of the aviation in-- 1 o' promise with the House, but just stick I have been totally confused on this dustry-f rom the airline pilots to the.. U it on in the last dute like this, this today. What do the air traffic control-weekend pilot and 11 aviation organ!- H is the way to do it. I guarantee the 1ers want, the ones that stayed on the zations-are supporting the seink. 8 Me=bers that when the next Congress job? Do they want Mr. FORD's resolu-tration's psy package for the control-M is adjourning we will have five major tion or do they want the proposal that lers. s: pieces of legislation on.a' continuing the gentleman is making? All of us. I am sure, regret the action ' L; resolution instead of one so if for no Mr. COUGHLIN.They do not want of PATCO. But all of us. I am equally - 12 cther reason we ought to send it back. pro tempore. All.g7, pog3.s resolution. We want a no sure, applaud the men and women ' The SPTSmR vote on that resolution and a yes vote who stayed in the control towers and C time of the gentimm from Michigan on concurring with the Senate amend-centers to keep this vital transporta. B' 'Mr. FORD) has expired. ment. - tion Imk iunctioning. p The gentle =an.from Pennsylvania Mr. MONTGOMERY. I thank the The system now is ahnost at pre-3 (Mr. Corcm.IN) has 3% minutes re. gentleman. strike levels. and before many months, It is just and right-that we support (- . COUGHIEN. Mr. Speaker, I o Mr. GOLDWATER. Mr. Speaker, I will be at prestrike capacity. yield myself the balance of my time. nse in mpport of the controUer pay y Mr. Speaker, the motion of the gen-package and urge my coUeagues to this 6.6-percent pay increase. "I do so-g tieman from Michigan is being bined j in me in seeing that key FAA safety without hesitation, and hope my " as a compromise motion. It is hardly a employees receive the overdue pay fellow Members will also support this - y co= promise-it is hardly.a compro-benefits they so richly deserve. measure.e. [; mise. According to its own sponsor, the. Much of my life has been spent in o'Mr. FRENZEI. Mr. Speaker, last aviationyong with many of my cole night, the conference committee decid., leagues on both sides -of the aisle, I.ed to throw out the air traffic control-7 ). g} President's bar on rehir'ng controDers g -- who violated the no' strike' provisions ci the law would be lifted.That is no have had many, occasions to use the Iers pay and benefit package from thei..: g compromise. That lifts the President's air traffic -and.cther safety services contmuing ~ resolutionc.and force thea-- han on rehiring those who violated the provided by FAA employees. I have issue to first be voted on individuaHyT, 7 no strike provisions. also spent nnnv. hours visiting FAA as an item of dispute.By Temoving thef : p
- It says here that-this does not re-towers an,d centers. You annot help. pay package from the continuing reso.n i y
2 quir'e any rehiring of air tiffic con-but be impressed by the enormous re -lution we have potentially *hht*C E ^'N g troUers; does not require it.-It directs.sponsibilities placed on controDers and: one of_the really meritorious.compoQ.r cz g thrSecretary--directs the Secretary by the tiedication with whjch they nents in an-otherwise disorderly piece.T~-- g ~,f,%7 ! to take all practicable steps-to Teturn. assume those responsbilities. There is of. legislation. f.'.'C g rth2 system to fun staffing by April 2, no question _in my 2nind that the pay - Actually, this -item should -never.5:.; raise called for by this legislation is have been part of the. continuing res L-well deserved, particularly.in light of -lution. It should have been voted o{zi '1983 What is that requiring but the e, Secretary to rehire these people? Who "the tremendous efforts we have seen': and passed long before.today:Instead'4;t, y would he rehire? There would be Inw-suits as to which one might be rehired put forth by our-Nation's controllers the House, specifically the leadership 3 < 10 -. ~ and which not rehired. following the strike of August 1981. - .of the Post Office.and. Civil. Service.e2 -The jobs are no longer there.Rehir.' The 6.6-percent pay raise provided : Committee, has r.hosen to..poUtiWg-qt - ing would mean two people on the job. by this legislation is no more-than.what should be a nonpoliticalissue,~fn & W2 are almost back to full stMfmg what was promised t.be controllers * :ctder to satisfy the desires of certain'h-now.- union before the strike, and is no less individual MesDers who apparentlQL l1 What kind of pay increase would the thRn what the loyal Controllers who think the strike was a good idea. ' ; - q1 gentleman from Michigan provide? It honored their oaths of office should I agree that the issue of the fired.'-. of g; -controUers is a problem t. hat should be. __. is called a disappeartng pay increase. expect. Have the Members ever heard of a dis-Although long overdue, it is not too dealt with by the m*mMktration..W. s. appearing pay increase? It would be 5 late for the Congress to send a positive Those who lost their jobs-have been;'- 11 percent, then going down to nothing signal, in the form of this legulation :away for weU over a year now, andg. by fiscal year 1985; not the 6.6-pay in-to controuers and related FAA -em-there may be some cases in which rem e; crease that was agreed to be given to ployees that we recognize the superb hiring is a good ideacBowever, rehir - - ty the controllers. efforts they have made on behalf-of ing the fired controDers is not the - m Let me reiterate once more to my the American traveling public.e issue at hand. If the Ford motion is c is coDeagues, this is the same pay pack-e Mr. WOLF. Mr. Speaker, I rise in passed it w1H serve.only to further;..~ age which passed the House last year support of the continuing appropri. delay what has already been post ; __ - de by a vote of 213 to 183. The implemen-ations conference report and the poned for f ar too long. u tation of this proposal fulfins the Gov-Senate amendment providing a pay All of us have been dependent enh at ernment's -commitment to the non. raise for air traffic control personnel..; the U.S. air system at some time in thef striking air traffic controUers who I would urge my distinguished col. last year. We are au-jndebted.to the.f' ' d. have kept the system operating safely-' leagues to vote yes on this-measure 4controDers who have maintained theQ m since August 1981. The 6.6-percent im-which includes a pay package for the airways in an efficient, and more im-i, vc provement equals the tentative con-Nation's air traffic controDera. I am portantly, safe, manner. These men #3 tract which was agreed to in the origi-especially concerned about this meas-and womesa have served their country.T ;~- nal negotiation with the controllers in ure due to the.large numbers of con. in an exemplary fashion during a timel'I trollers in the 10th Congressional Dis-ecf -difficult chnHenge.-We owe -these'.,D June 1981. The package wDl not in-crease Federal expenditures. The cost trict. This is the same pay parkere individuals our respect.and adm. ira 8-m will be absorbed by the FAA's operat-which the namtnktration offered last tion, but more importantly,1 we owe.' A: ing budget. The nonstdktnr air traffic year before the FATCO strike. The them fust, promised compensation for$ - ^' controllers deserve the benefits of this men and women who did not violate ~ their extraorrtinary efforts.. c 1.f:1 I package for their loyalty and-dedica-their oaths and walk off in sn 111egal r The benefits package should mot be%M-h- tion of keeping the airways safe. strike called by-PATCO deserve no considered a bonus, rewarding thoseid.' B' u b>- ~ ,.'[ 1{ '~ ~ -J e M
a y-3- ti ,1 October 1,1981 CONGRESSIONAL RECORD-HOUSE li838r J, p F controller's who remained en the job. Dicks Ruchford Pwuns snananati .T w in M[ EDdw t-Dmren Koeovna Reuas Petri snas T onor r-Instead, what ce are considering Duon La.Paaoe a maano Porter !h; merely provides the working centrol. sneitrr.ar 'rwoma oonneur 1.anu. homo Prnchard a lers r.nd associated personnel with the Doner unman no entnal Puruu snuater vanoer Jagt q snum Trtbie d D' l'i'ad
- Ybal bene!!:s they were offered by the Gov. Dv F'r 0"ca' tut 12 8 E U*a**r V'18""
Ih on tone (uni sano 1 ernment in the summer of 1981. Last na sanon walaer r' h I: su==er they deserved it. Now, after' EcLart tuten scheuer Rhooen saenon - watuns Early terry (w A) battre R@ steen wampnu W 9[p [ over n year of 6-day weeks, canceled MwaredCA) tandme Scnnesoer Raser setn < AtJ weber NN) d ~ vacations and added shifts, they de-Emis s> umran senamu Roen,a tts> smnn <m - wenoni serve it even more.e Pary matsm seideruns hoer u (sD) s m NJ) - he d i ra,ceu unwroules ssannan hotroon smancon> vetenurst ,, ? O hir. MINETA. Mr. Speaker, there ritnaan ucaurn snur h mer s rata (PA> vnntarer are few ssues that have been as du1-No ulaulaaj sman @ Rotm snoue ManMoH) !t s!Ve S.s the issues flowing ITom the ill* Pord on) u1 Der <CA) sotare hae snyder wuson Prank Macneu Mm Start hstenkomul Edomon -wmn l. advised strike on August 3,1981, by air Prost Moauer - - stoses hth spen = - wou. k'b'1 L traffic controllers. oarcia - Murpur . stvoas Routena st oermun woruer I The Chairman of the Post Office onvdas Munna Sutt hummelot stanguand wnsht i ce>oemon Nowa. oepnardt - oaar . srnar-had stanton. and Civil Serv' ice Co*ttee has done w he r a cean Ru o staton astron p an cutstandmg job in advocating his ouman ooerstar vento - sanuns stenboun - Y ouns t Axi -1 position and I commend him for the oonzales Ocer wurunrton Sawre strauen Young @ job he ha.s doDe. Barecoro On.nrer wpman Schulze stump ,2atacct! Becuer ~Paneua .)U w atu sensenbrenner Tauar - 2dered But whatever the issues of the aerial Paaerson e .i [ strikt, whatever sympathy or oppost. Hers=1 Pme-watuen winiams N T) M N N h1 { ', ]- tlin each of us may feel toward those Bj,*,*b*'* Q,r (tn.h senroeder who struck, we now have an obligation Jamt. tp, _ Picue : w oen r [ to look at the men and women who Jenords ~Pnm 'Yates NOT VOTING--36 C i! )3 ; u nm Pa.co ^ u n te,m have made such extraorrHwy efforts W 'w ' f' manau Youns m o) ov;J the past.14 months to keep the 3,, seuenson Ferrare Mccioner Binnenard Ford (TN) - McEwen system operating. No matter what our NAYS-267 fyg. gthe ( p*}. g; r. fe*. lings on these other issues, we owe g, Alexander Duncan Jennes Cbanoun orar Nachols Ii -l these men and women some extra rec. Anaerson Dunn Jenuns D Amours cuannt Paanayan i.j.i ' ognitlIn for the Sacrifices they_have ^=~-= or=a2ii John =to= o n><i. o a nan <oa. no. ,'... -Edgar . Jones (NC) D6maman H a nna (UT) ' *"rrmaler 0- - [t made faraboVe the Call of duty, - Anthony .Artber '- Edwards (AtJ - Jones <O0 Dowdy Hughes --. walgren - II As 1:ng as we continue theziebate, as Aanbroot Emerson Jones (TN) zowares toK> uarts weiss 1 ee have over the past year, these on- ^8ptn 6"ah F rn r mp Dtel Marunes - wnu.ier the-job controllers are not getting the a mn an ~, _..,, 'g gggsh e ym. -. h' 3,gu, _,_ g,o,g _ .a,,,,,,,,,r**, s compensation ther-deserve.:.I.think Bancy(Mon nnenborn - Kramer 6-g t th) time has come to recognize that 'Barnard l T ' hans (DD 4.Q 'gg. _, Wromarsino -- _ pairs: .f -- E ..The Clerk announced the:following. this d: bate can be ended in only one 8"'d 0 g, way, and that it is by concurring.in senneu .JPeown - w tn - th3 Senate smendment. - - ;..,. Bereuter ' 9 mecer ' - ' useumuer -~ -:On this vote:._ e ;. .e b ur. Guar.nl for mth's. nmeharn I wD1 thereiore oppose the motion to B*thune' P18'd* M ar w - - 7 r/.DV
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concur with an amendment and sup " nine7. w.fr.ippo ;. *,. uwis. -aramst. socs - f .: l -Mr. Notfett for, Etth M port the motion to concur.o M A.~ '- ,- y _.2-. Th2' SPEAEER pro tempore. All Boland Piorio - 1.svineston tim? has expired.... sowen. Fountam unn am r., .O 1850. T - T'.' - Boucuan P gueum wmer i Wlthout objection. the previous s Bremits .Powser. un
- - - Messrs. ZEFERETn, ' EOLLAM),' '
-,tf n g question is ordered.. Bnnuer; Prennel i _uwerr <cAs ' p There was no objection., Bgg-74 . l'uan LONG of Maryland.: and PEREINS aromon> omerich u aran
- nay." '
{'J ]- ,,:hanted their votes from "yca"-20. Th2 UFF.AKER. pro tempore. The g question is on the preferential motion Bror*.nz otan Marience i Messrs. WIRTH Smm MNO id offered by the gentleman from Michl. gner og g. land. and BONKER changed d.l 0 - uam tt gan & Foam. , Th 2 question was taken; and the Bron oore unrun(Ne> their votes from "nay" to " yea." w campeen -oradison warun orri
- peaker pro tempore announced that carman oramm u - au So the preferential motion was re-5 4 th2 noes appeared to have it.
carner orno ucciory jected. U Mr. FORD of Michigan. Mr. Speak-cham - oma - u m um 22e resun of te vote was an-
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. orianam wecurds 'Dounced as above recorded. 7I er, I object to the vote-on the ground clau en ounoernon ucDan. that n quorum is not present and canner naa Raion ucDonald The SPEAKER pro tempore.' The g' ; make the point of order that a quorum naisam ucoratn. Question is. Will the House concur in is not present. coetne n.mn" Mica coneman nammer chmW wicnel - Senate amendment No. 83? Tha SPEAKER. pro tempore. Eri. coluns (Tx> nann utaer cos) The House concurred in Senate dently n quorum is not present. conann. n=n-n uD) utneta amendment No. 83. "; :o Tha Sergcant at Arms will notify. c a nh. Fut50"ALEIMA"'2207 4" absent Members.e. cournan n = %er. .uounart Mr. IIAGEDORN.'Mr. Speaker, this y}N Th2 vote was taken by electronic courter naetans uouonan evening on roll call 389, I am recorded I' 4 device, and there were--yeas 128, says. C*F",* J'8"*
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- u. Nem err as voting " yea." In fact Mr. Speaker, I,
R c,, new 267, answered present" 1. and not crane-ommei nientown woornend voted "nay." Jm(, V: ting 36, as iollows: crane. Pnsup nuer norriman CRot! No. 389]- Daniel. R W. * ' nuus koul CM .M-Dannemeyer nou nd wiers YEAS-128 Daub natt M^=hm Bancri Burton.Phnup \\ D*'18 Hood"8. Napwr (By "nanimous consent.Mr.LrvtTas . was allowed to proceed for I rninute Q, N***b'r ? Akaaa Bmanam Clar W 1a Garza Torton NaaJ out of order.)
- b Albosta nnm n, Coluns (nJ Dettard noward Neluran Annunno sonsor cony,,,
Derrica nuneard Nenaan n.a. se s. asem.arouv emocznanz acr or i e s: o, a., Appnezue noraer corne, wm==, "Derwinaaj nora mar o anen Mr. I.EVITAS. Mr. Speaker. I asked [q;; ^"O9, py Bj -Q [ N-Parr[s -- for this time in order to engage in a 3,3, Dornan f narnes Brown (CA > Deuums Dougherty - Hyde v Paunan colloquy with the distinguished major. aseen surum.Jonn DeNar@s Dmer 3rdaad Paul jgy }ggggy, W $1
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l H 8388 CONGRESSIONAL RECORD,-- HOUSE . October.1,.JSS.y - 4 A number of Members have spoken Tnz WmTu Hotet. Mr. WALKFR. Mr. Speak:7.Ifhank: to me during tne af ternoon n.nd eve. wa.shington. October J. JS!J-the gentleman, and I cIthdraw my red Hon. Ihmow Rm. ervation of objection. ..[. ning of yesterday and today with re. spect to H.R. 746 the regulation (j'm*h 8[***" The SPEAKTR pro tempore. 'Is - refor= bill which has a great deal of pg, mg 3 appreciate your mvit:.uon there objection to the request of theg support, and which was in the midst cf to jom uth your coueagues in recognmns gentleman from Maryland? hearmgs before the Rules Committee the numerous courtbuuons and accom. There was no objecuan. yesterday at the time the balanced phshments of John J. Rhodes dunns his TJ-budget issue came up, and as a result thirty years of semee to the residents of Ar-of that and that alone I am told fur. izona's 1sf D:stnet, which he so ably repte. wmIDRAWAL OF NAME OP ther proceedings were suspended on sented. and the people of the United States. MEMBER AS COSPONSOR OPf As the f:rst Repubuain eser to be elected H.R. 5133 e.
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.he reEtih$ishe[chai man of the $ hE[*ft7eN*a'n'd 1$8 Mr. WINN. Mr. Spe,aker. I ask una.n!- The e Rules Com=uttee, the gentleman from pubbcan Nauonal Convenuons, and as the mous consent to Mthdraw my namcas, Missouri Mr. Bot.t.tsc), this af ternoon House Repubbcan tender irom 1974 to 1981. E cosponsor of the bm H R. 5133. 2., informed me that it was his intention Johnauts won the respect and ad=iration of The SPEAFFR pro. tempore.7Is to resume the hearings on the regula. pnvate c:tizens and pubbe efficials. there objection to the request of the' tion reform bill durmg the lameduck ms thirty years of expenence cannot be gentleman from Kamt? session in a timely manner so that easily replaced. We Repubbeans are losms There was no objection. ~ j there would be adequate time to con-O[.,H Amourm In m:sAct mrMT g sider such a rule. cmzens of the 1st District are losing a dedj. The SPEAKER pro tempore..The i And my question to the f.istin-cated Representauve. Clerk will designate the next amend-guished majority leader is what would we all owe a great debt of gratitude to ment in rhtstreement. i the intentions be of the leadership John for his loyal and unselfish service to The amendment reads as follows: - 1 with respect to consideration of that our nauon. ms semce is a badse of honor Senate amendment No EM rste 19. after i bm. that shines with integrity and esteem. 1 had msat-Mr. WRIGHT. Mr. Speaker. will the Nancy and I crtend to Betty and John our Szc. It3. Ttue IV of the Tariff Act of 1930 1 very best wishes for the future. (16 U.S.C. 3401 et sec.) is amended by gg,,,-n yield? 8 *#*I#' addag after secuon C me foh.ng mw Mr. LEVITAS. I yield lo'the gentle-Ron A.tm RaAcAm. IGHT Mr. Speaker. I would TNzer Parsarxt. ((*] 'I b like to point out that the bm to which, _ Wa shmMora. October J. Jss',, govemment or customs union, pursuant to - ~ the gentleman refers was scheduled by Congrm-Emon Rm" : an tnternauonal arrangement with Ahei 3 the leadership for consideration in the 0"8' QM'P'**#*A"#*"*8' UrJted Stata. the Secretary of the Treas." Nmd"' M House this week subject to the grant. ury may, upon receipt of a request by 4.be ing of a rule. I know of no Member in toDentze " *** I ** U# 8*** ""d D I*'b oh h 6 us s e gn mem r mm union, rguirt the Housewho has been more diligent ice to the Repubhcan Party and to our D ..than the gentleman from Georgia in -oountry. John has served with the highest o cign g vC er n y pursuit of that bill, and in the promo-disuncuan and utmost dedication in t.be er= ment or customs union as a cond:uon for ' Mon of that legislation...,- House smce _1952. Es exemplary record is entry into the United States of steel mD1 - It is my understanding that doe.in one which serious lerwarars will both study products specified to the request.ne secre.- - 8
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tary may provide by regulation for:the ~ large part.to the diligence of the gen-C John served as minority ' leader in - the terms and conctuons under which such tnert Ueman from Georgia manv oi the' mis-understandings and concerns that ear- ]d chandine attempted to be tntered without-1 ( e au vh e rt la or - t l her existed now have been resolved. both sides of the aisle. Today, the Repubb-er m m . It stH1 is the purpose sof 1he leader.. can Party is strong and effecure because of mehted Sm ship to' schedule.that b!D Upon the the decency and integrity of men like John Nb)'IMs secuan appbes O to%ests' I . granting of a rule.If the understand. Rhodes. Wh!)e John's wmm and erpenence received by the Secretary of the Treasury E .ing of the gentleman from Georgia is w<11 be missed as the muse. I mil always prior to Januar'/1.1983. and for the durF is in an f correct. ass mtnr the granting of a cyh uen of the arrangements?'. < w - v -S 3 rule, af ter this Congress returns in "N" 0"RD " "R *mTE" ~ ~ beyond his puhue semce. R t 1 ate November, it had been and will be sincerely. Mr. m11AA 4. Mr. Speaker. I offer t the purpose of.the leadership.to Oroact Bossi a motion. - c schedule it for consideration in the remuission rom ceuxnnz on' sMAU. Ecs2 The Clerk ' read as follows*- % O' House. - wess to narr t,rra. uoxnAr. norrusta s. Idr. Wac :rn moves that the Hosue recede ~ E Mr. LET.TTAS..I thnnk the majority s ess.To r1Lr tWYrsTIGATrvr mZroRTs frUm its Chsagreement to the amendment of 1 leader for that information. Mr. MITCHT*!L of Maryland. Mr. the Senate numbered 85. and concur there-remrissren to rRDrT acMARZs or rResIntNT Speaker. I ask unanimous consent that in. F C awn vier razsment monommc rnr sonon-the Committee on Small Business Mr. CONTE. Mr. Speaker. I seek ree-f Aa3 JOHN J. aRones hgye unt1} Koyember 1,1982, to file ognitjon, Mr. RUDD. Mr. Speaker. on Septem-two investigative reports with the The SPEAEER ' pro tempore. The f' ber 28. unoer a previous order of the Clerk of the House notwithstanding Chair recognizes the gentleman from l IIouse. it was 'tny great pleasure to the adjournment daterf the House. M m"nehusetts. . speak on the great accomplishments The SPEAEER pro tempore. Is Mr. CONTE. Mr. Speaker. I yield 5 of my colleague. Jorrn Raones, who is' there objection to the request of the minutes to the gentleman from Mtnne L retiring upon the completion of this gentleman from Maryland? sota (Mr. PRENZE.3. ' ~ '~ Congress. / Mr. WAUTR. Mr. Speaker. reserv-(Mr. FRENZELssked and was given - C I have now received the comments of ing the right to object. I do so only to perminion to revise and extend his re ' t the President and the Vice President inquire of the genuemarl whether or marks.) t of the United States and I ask unant. not this has been cleared with the mi-Mr. FRENZEL. Mr. Speaker, I thank j [ . mous consent that these remarks be.nority.- the distinguished ranking minorityi j included in my special order of Sep. Mr. Mfica tr L' of Maryland Mr. Member -from Massachusetts for the 9 tember 28 in the permanent RECORD. Speaker, will the genueman yield? recognition. 'T I ~ The SPEAKER pro tempore. Is Mr. WALEER. I yield to the gentle-Mr. Speaker. I take this time to dis < g there objection to the request of the man from Maryland. cuss briefly amendment No. 85. which i y gendeman from Artzona? Mr. MircH LIL of Maryland. Tes, was the nongermane Senate amend-i l 7 There was no objection. this has.. ment c!!ered in the other body by'Lhe'_ { r ~ .e 1 z 7" .I W-M m____-
v-OctScr 7,'198* : - en) CONGRESSIONdf RECdRDi ' HOUSE.. a T 8389 h 'senitt Senator from' Pennsylvania re-this provisien is gothg to' pass, and I lating to a whole new system of s'ael great pains to take hearbes, to pass n [, { import beensing. Of course, there have am not going to ask for a Vote on it, bills that make sorne sense, that have the eyes of the world are going to be some economic justice to them and do f 6 y been no hearings and I think most on our steel industry to see how it co-not hu-t our economy. -T Members of this body and probably of operates in those negotiations.11 it The Senate, however, of those 59 "L
- F the other have no idea what it is all does not do better, there is not going bCs. has returned only one. That Nh l
about. to be any agreement and it is not means that there are hundreds of 'O The amendment was offered in the going to ceserve an agreement. other body by its sponsor as a techni-Since we are determined to embank House Members who have a much IF b cal amendment. And it was mumbled on this unwise policy. I hope that submitted this bm. at least in the V better case than the Member who has M
- I through that body without what I there W.ll be an agreement, t.nd that
); would consider to be any kind ci sig. our steel industry will begm to work sense of a more timely filing. But they ie y nificant descripdon. r.re not going to get their bills. Their M. 'i lt 'Th2 authority addresses:the ability itself out of its problem. I am disap-constituents needs are not' going to be J. pointed that we will adopt this bad p of the President under our antidump-polley, but we will make the best cf it. met despite valld bases although the.. M q ing and counterrrdling duty law to I a= far more nthamed of the proce-Senate would take only one of our 59 l come to an agreement Mth a foreign dure that produced it. bms, our intrepid defenders on the Ap-government to e!iminate the injurious .I want to assure this body that I propriations Committee have saluted p effects of dumped or subsided prod-shat monitor the progress. or lack that Senate behavior by accepting the Commerce Department. - thereof, in these matters, and keep all one bill that the Senate wants. ucts subject to aninvestigation by the ' h'; parties advised. So I just want every 2nember in here Th> problem is the Senate amend-The SPEAKPR. pro tempore. The rho has got a duty. suspension bill, f ment does not 11=!t the author!!y to question is on the motion offered by who is not going to get it, to know why h' l those products subject to a CVD or the gentleman from Mississippi (Mr. you are not going to get 11 It is wholly Ybi dumping investigaMon where a pre-Warr:rx). because our Appropriations Commit- . i liminn'y determindon of injury has The motion was agreed to. tee gives the Senate its bms and ap-1 ~ been made by the ITC. Therefore..a A motion to reconsider was laid on parently does not care what happens 4 }j voluntary restraint agreement could the table. to House Members' bills. h. p be accepted on products not covered The SPEAEIR pro tempore. The Mr. Speaker, I yield to the distin[ hl by a case and where no injury determi-Clerk will desi mate the next amend-guished gentleman from Florida (Mr'
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li nati n has been made. T. - . ment in disagreement. GasoNs) k Th? President.has.no authority.to The amenetment reads as follows: Mr. GIBBONS.,Mr.'Speiker, first. I E 1 negotiate restraints in order to eitmh se=ste amanoment No. 88: Page 19. after want to commend the gentleman from f k nate the injurious effects ci dumping line 2. insert.. Minnesota for telling it lite it is and and subsidies not covered by. cases, yet .Brc.154. (a) Bubpart J of part I of sched. teningit ten effecuvelylike1Lis... g. 1 li the4uthorityD implement-Testraint, TJe S of the Tart!f Schedules of the United -What the Senate has:done to the .. I. agreements contained.in the ~ Senate
- States (19 U.S.C.12ot)is amended by insert. House is atrocious. The Senate.has 7
amendment is so broad that the Cus ' Y ~1C$"E "** pt.51 the. funowing new had House bills over there for.a year " }: toms Service would be able to monitor and a half, relauvelponcontmenial, _-l. straints on products mot subject to ~N. 3 --.. MOD-and thereby implement voluntary.re-8** but certsinly important pieces of legis - g q j ~ cases, or having proved injury.L., (bFt'be amanMent made by this section 11any Members of this body on both - N' lf. implementing authority under our ahan apply with respect to arueles entered, I j.! CVD and dumping lars is inadequate or *1thdN5t fr m 'areb use f T c nmnD-sides of the aisle and theindustries in these laws should be changed on s$ ca their districts.are vitally affected by . C att r o en of his legislation and the Eenate has sat [g - overall basis-not on an ad hoc, case-joint resoluuon. ----- like a bunc -of prima donnt.s over by. case or product-by-product basis. ~ .g - Every other sectc-in *he United - . nnow orrras[sr un. wernx there and not even considered the g .. _ d States that has any kind ofra griev-d Mr. Speaker, I cffer bills, despite the fact that we liave Mr. N -- asaed them to consider them, written ance can seek r"-** treatment after The Clerk reed as follows-this cutrageous example. Those sec. tors thould be able to expect volun-arm ames that the He recede the 20 years that I have been in Con-tary ^ restraints to be easily imposed from its hrreement to the amendment of gress they have pr.ssed all these bills. trhtther they have filed a case or the Senate numbered 86, and concur there. Th'I add "U"'t hi" ""d th'I tak* 1:n something away and we have worked proven injury at all. Mr. CONTE. Mr. Speaker, I seek ree. them out, but not this Senate. They d MrJSpeaker, the cost of implement-ognition. have done nothing. They have' hurt ing and monitoring the voluntary re. The SPEAKER pro tempore. The American industn. They have hurt !q, straints under this Senate amendment Chair recognizes t.be gentleman from America's competitive position and ed could be outrageously high. Nobody Wehusetts. they have nof done anything, but in can estimate how manv new customs L agents we will have to put to work'to - -D 1910 the middle of the night, without any y i discussion, at the urging of the Secre. p cramine the shipments coming into Mr.-CONTE. Mr. Speaker, I yield 5 tary of Commerce, they have sneaked 4 3 t this country, The worst of it, of course,is that we minutes to the sentleman from Minne. the steel cartel authorization through. sota (Mr.Tarxzt:.)... - Now. there are lots of-bills over in-. ] q p are *rhr out a special industry (Mr. FRENZEL asked and was given the Senate that they could have'added br which is in a difficult situation but has perminton to revise and extend his re. It to, but they did not do tt.'They took r don 2 very little to improve its own lot marks.) d.. advantage of the Senate by mot fully [ cther than ask for protection. As a Mr. FRENZEL. Mr. Speak'er, we expwnr the position. They took.ad. matter of fact. Its negotiating posture have another incursion on committee vantage of the deartitnes that this through the past year with the EEC funsdiction here for a duty free impor. Congress faces and the closing down of d5 and with Commerce Department has tation of steam from the Senate. the Government. been described by some observers as It is ! air to note that the Senate has Our conference, our House Members ' uncooperative. Lid To make this complicated system go received from the House of Repre. and our appropriation members sent. T into force and effect, an Agreement sentatives 59 of these duty suspension to the Senate a bill that did not have ,hO bills in which -we try to suspend or anything other than appropriallon ' will have to be negotiated between the eitminatethe tariff to take cart of spe. matters on it and in the middle of the $h, United States and the European Com. cial distress conditions in the IJnited night some hundred amendments were munity before January 1. I think if States for zur ' Members. We go to added. I do not know whether every 1 q g ! l ;i / ] e
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-CONGRESSIONAI. RECORD-- HOUSE . -Octo&r 1,.13/fM.., 9 d..r-yi sq . Senator got cae or some-get:two cr --Mrs. SNOWE. Mr. Speaker, I.thank s orron orrrm a tv um. w arrrum three or something, but thly-added a the genueman for yielding. - Mr. win A Aad.Mr. Speakir, I cifer
- h hundred of them toil.. -
Mr. Speaker. I.am pleased to rise.a motion. - 3 y, Now, our conferees did the best they today in support of the mo*Jon to The Clerkread as follows: --/ - Mr. Warzrra mom that the nouse rd ] a could. They did not want to close recede and concur and agree with the down the Government. They did not Senate action on this important from its casacreement to the amendment er i re have time to consider these amend. amendment. This amendment v,ould .ments. amend tari!!, schedules to. allow duty-with an amencment, as Moss in Leu of b' the senate riumbered as and concur therean I te The Ways and Means Committee at free importation ci steam energy to a t.be secuan nu= der 156 na:ned in said te the same tune was engaged in two con. WAnwaska wood pulp plant. amend:nent. in. sert 155. Ird Ierences vdth the Senate Fmance Fraser Paper Co. expects to com-The motion was agreed to. ? 1 Co*ttee, but nobody even said boo plete a unique project this fall in A motion to reconsider was laid c5 .Q about these things to us. which steam created during the pulp-the table, Now, that is the way theIIouse has ing process in Fraser's Edmundstem The SPEAKrR pro. tempore. *I'he ca: pr .been trs= pled on. New Brunswick, plant would be piped Clert will designate the next amend." ~ The gentleman fromTtnnesota is across the border and used to power ment in charreement. not going to ask for a tote. I am not the paper drying process at the com-The amendment read as follows- ' "T going to ask for a vote and I do not. pany's Madawaska plant. The U.S. vant to delay the proceeding any fur. Custc=s Service has notified the com. g,,,,, amendment No. 22 Page 19. after N une E msem c s] ther, but somewhere along the line, pany that an i= port tax of as much as sr=. 157. There is appropnated in l 'you know. enough is enough. El million per yCar Could be leiled Ln 1518.000.000, to rwen annaMe unt3 ex. w' Mr. FPINZEL Mr. Speaker,I thank the steam. pended. for Department of Transponauon' d If this amendment were not to pass Interstate Transfer grants Highwars, and -the gentleman then the Federal Government would 8365.000.000, to ren aranadie unta ex. tg Mr. wiu A Ar N. Mr. Speaker, will sq ^Mr ~ be peia W nt Praser Paper Co. for pended. for Department cf Transportation -- the gentleman yield' as: guisbFRENZEL'I yield to th'e distin.having planned an inventive Inethod Inte m ate Transfer rgranta-Trsnstn h d chair..an.. of conserving energy through this esded.That au cau ns f mee funds ahan - Iq Mr. wini Aa.rt Mr. Speaker. I just project, and. in fact. the project.could be d2stributed in amordance with Ilouse of Report 97-783 or senate Report 97-5c7* o would like to agree with my colleagues save as much as 400,000 barrels of oil.Thichever is higher. car brre. annually. Furthermore, Pra.ser's plans !l on o n ua. 3 m rrn and I would like to explain the situation would raise the company s thermal 4 !t '[.w2 are in, because we need to prevent self-sufficiency in the Madawaska.Ed. a mo[n..MiM. Mr. Speaker, I of to j Mf ' -this from happening again.c mundston complex to 80 percent,"up pe, Testerday our friends-on the other from% percent.-The steam alsowould me Cert read as foh --" < & anj side had 100 amendments offered, on 'be used to heat the Madawaska plant. Mr. Warrren moves that the House recede 1he Senate flocr they-ftnxily.just took The efforts.that Fraser has.made to fan tta t m dhem all so we could:try-to.go to con. reduce.its, dependence -on petroleum, . ', -- -ference and get this through by mid. products.and to, employ new energy- ,.g, 33,, 3 %g . g3 . -~
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saving techniques are commendable.- N matur bserted by.said. =~M~a'. - 7 des: brert tM fonowing-c s -< tha .- So we have tried to do the best we The-bill which I introduced is em-Szc.156. Notw1**mW any otherdri> thI ~ '. can.We did fix tt where we could have. bodied in this amendment, and not vision of this joint resolution there is 40 Fed . ~ passed it by midnight last night. only can solve Trasers mmblem, but proprinted 151a.000.000, to remain av.ne cws ~ -:So I just agree with the.sentleman also encarages other companiesao unta expeded. for mpanmut of Trrw peo ~ -and hope we can do a betterjob in the explore'. simuar technology for ~ con. portauon Interstate "nansfer granta -Higby,, da{ The re, FS-0 N -future, but I hope above all we do not y yene - ]t3
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2.- . -get putinto this fix again. ~ portanon Interstate Transfer grants--Tran.r.. 1 ziW-1.Mr. CONTE. Mr.: Speaker,I: yield:I p="are of Ws amendment.~..... pW tempore."ne,stt:,,,Prortded. T, hat anocauons-of <tbenef. .d 7!.' additional.r-innte to the genGeman De A ,.,3,13 3,. 1,t,13o,,o I, _,,,c, ~ .from Minnesota (Mr. FazxzzL).. cends on 2e mouon, offered bF tith House Report 97-783 or RenatsReport[, . Mr. FRENI.EL Mr. Speaker.1 t ha ru the genuensr front manpi wr. 97-567, whichever as higher. l,. Z _. U'N) - ~ ~ ' the distinguished.<-hntrman for his The modon was agreed to." Mr. w11A A A r.A (during the renAtnn. C[ g$h contribuuon. I do not cxpect perfection from this OD to reconsider was laid on Mr. Speaker. I ask unnntmous consent t House, and I know we have. difficulty that the motion,be considered as read. rik and printed in the Rzconn. -.~.. - th7 dealing with the other body.- y The SPEAKFR pro. tempore.' Is am( g w e e I ulll say, however, that next year there objection to the request of-the sep when we have our 80 duty-suspension "$,in ID" am ment as Mg genueman from Mi"iutppi?n. 2.-c ~ bills that the Members need. Shall we S a ame*ent No. 88 Page 19, Mter There wasno objection..w. ~ ~.-. send them to the Appropriations Com-une L bsert. The motion was agreed to. mittee? Do you want to do the hear-I src.156. Por the purposes of the Im=urra. A motion to reco 1 sider was laid on. ings on them and take care of them? tion s.nd Nauonality Act. Tessie and Imrt-the table. .a -. = Ch, Well, I hope that in the future you que Marfort ahan be held and ermidered to The SPEAKER pro tempore. The Md will.think about that a little bit when have been lawfuny adm!tted to the United Clerk will designate the next amend-t you are working with the Senate. States for permanent residence as of the thel ment in disasreement. - ? Er. Speaker. I do not. intend to re-I th'
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'Dtggjt,yg m mute Uhjs ; g quest a vote. The gentlewoman from to such abens as provided for in this joint hne2.tomert-t:~.r. O - AJ.7 m.(N er, l Upon the granting of perenenent residence Senau amendment No. 90: Page 19,' atte Maine, who is going to b6 affected by i this, has eVCry reason to have her bill resolution the Secretary cf State shad in. - 8xc.158. Bin the United States Conrrtus mg e passed, but so do all the other Mem-struct the proper officer to reduer by the re. es M 1hbed the Social Security system to *- M bers of the House who are going to be autred number, during the current fiscal estabit<htne.a. system of Federalpid. a 1935 to provkie for the generaJ welfare by - thol denied their relief. total number of emtrrant visas and condi. benettts: and anw year or the fiscal year next fouoring. the mo Mr. CONTE. Mr. Speaker, I yield such time as she may consume to the tional entnes wweb an masse avanaw to 8tnce matean was made part M % ind gentlewoman from Maine h nauves of the enuntry of the allen's birth Social Security system by Act of Congressin g-he g i Snowz). under sectinn Jo3(al of the linmirracon and 1965 to provide for the reneral welfare J.i erW Nauonauty Act or, if appucable, finm the through a systern of health benents for the ;, (Mrs. SNOWE asked and was given total number -of such -visas and entna aged: and s,. m.ce -.~ n:W-l 10 $ permission to revise and extend her re -which -are made -avaEable to-such natives s Smee Medicare 1s an insurance program 2n'f'i ' N tnarks.') f tmder ser4 tan 202(e) of erh Art. ' - ' ' ~ which Working Amencans motributed &Q$ j IUTI .S 8 .M i m I 'N .l L e
j !l r October J,i1332 . CONGRESSIONA31 RECORD-.UOUSE-i Social-Sectety carro!! taxes :and h rwhich IPS391 [y ' th Slerly and rMshled p'#.y b;alth insstr-Mr.~ w mt Arri. Mr. Spesker.Uil.3 is Mr. Speaker. I snove the previous .L anee precuuan an ord t to rearve health a matter biohm@c h*4 It is W @ Mon u Wmum {Q bentfits promised unoer this e ~~ plan; a regular ap;'ucn--M r.atter under The pevious question was ordered. our F r*H n-- M -- 1 g u & > '*- e - d Smce proposals to h=jt cligibibty for the rm
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UM i { Medicare bealth bene!!ts to lower 4ncome moucn. l persons would prefoundly alter the charac. 21r. Speaker..L2nove the. previous The SPEAEER pro tempore. The { ter of heald insurance Ior the aged a.nd tim. Cuestion on the2:0 den. queston is on 1he motion offered by i & Lied by remormg the insurance prmetple the genueman from.rlh-mis Odr.
- I from the Medacare program.
The SPF AK5'R pro tempore. With-It asthe Seu cf the Senate that the Con-out objecticn.-the prevmns <luestion is Pnn.IP M. Crm). ordered. The motion was agreed to. gress abould reject any proposalloimpose a k means test" en enr.cGny for the Med: care There was no objection. A monen to ree~nride' vas hid on p*ornm er benents provided t:y tne Mede Tm SPEM~rP. pro te_ pore. *he the le' I! 4 g.ran Quesuon 1s-on the motion offered by The SPEAETR pro tempore. The ! ' s-l h Szcm9."Ibe Senate-tmdsman. - - the.gentleTnnn from Me*e?pi (Mr. Gerk will designate the next. amend-a-wars are ragmg tn severalparts of Abe yur:Trm. ~ f tmld infbeung incalculable loss of human The snotion wasrejected. ~ ment in r% reement. Lves and prcperty.mth unbearable human Tne a:r ndment reads as follows: fl. monom errzazn sT xa. run.tr m. cmArrt Senate 'Amendmen M e D. after i 1 Th pr e o huge nucles[arsendt in theverld present an everpresent threat U* on c Sc f the Intemonal to tht survival cf ma *1ad;a.nd.J TDe Gerk read as' follows. CcMu Agnement Act cf 1980 (19 U.S.C. 's t.Though war 2navery troubledand zirn. -h NEM. CaANI.2nmes that De 13560 is amended by strDdng cut October L M Ed inserung in IM23 thereof *Octo. l swe world ss an ever present t=ihmty and huse mee bom its.dasagnement to the -4 ber W9835 threat. the United States has been.at peace amendment c! 4.he4enst*mumbered GO and ? smce the end cf Vietmm con.Ibet: and concur ments wth an amencment as Jol. wor 20N or7zarn av um wurrrzw date benefns of peace andthe rabe o; lows: lo heu c! tbesatterproposed byzald Mr. wmriui. MrJpeakerJ Difer 3, ' ^ hie thould be ever present in'the to.:st:ts amand:2 ant.m the followins. &M n. of s11 people:snd Stet IN Since 2e UnM S*.azes De Cerk read as foDows-g
- t. A dayshould be set a. side for the Amert. Congress estabhshed the socia] secunty can people to reflec on ibe values of meace syste:nJa lm to Dmmie Jar Ahe sencral Mr; Wm-rr.n moves that the House recede
.Q% and the horrors of van and schare by est2hmt a sysicm cf Federal from Jts ou Freement to the amendment of
- f. The President abouJd prndatmiday of cld-aye benefats; And -
the Senate numbered S3 and ccncur therem 1 i peace.and en9 imibe people cf me a)untry hee.medican vas1nade van of the with an 4:nendment._as follomT 1n1cu cf social secu: tty system 3:7 Act cf Congress 2n insen the ! Cowing-the tnatter. inserted ~by s f'! to.cmemora.te Jt vttb -such 4eremonies i and 'act!v1 ties ss are uppTpriate and -tn M to7Moe M w genera) wcMam I-keepmg with as czpression of grstitude for D
- 8D
- TE"1EL Sec*lon ll of the 1 ternaf'aons3 Dvmrtn a great. frw Nation at pesoc...
aged; &nd.Mem c{ peahh benenu M 2e Coffee Agreement.Act of.1980 (19 U.S.C. - Indew of these fmr'mrt it 33 2.be sense sd .tbe hrrat-that October.10.2982.should te" **-Qncemed2careisMnsuranM programg3,1537" and inn.erting inlieu tbe l!.. L"* O N e. soetal secur Ly payroll taxes znd in which m*% cilhis Jointresnhttlan"..".t gh s 4 the eldetty 2nd thsabled pay health t=sur. Mr. NCD N M*F2.he readingL . g g a should Issue a prnelam*lon ranr Lipon ance premimus-in ortier to 2ecse health Mr. Speaker. I ask unnnimous<:enseDt '{ ygderal.T. ate, and 30ml government agen; m s promised under this insurance plan; t a t peopi nf 4he United States. to ebserve that that-the Enotion'be tensidered as-rtad {j.;-j %. menst.,mm orym,.,,no,,.,nd w - and - -,- - - anerristedin thenicoRn. 7. -q. J'The -SPEAICR pro. tempore.~1s l and pmgrams,2ency showing meir com-day.:by -r'ng anappropriate.m, persons wou,ld profoundly 1
- j
,3 t rj Kentim2n from WMppA?.g ;,;.y - [h " 'n a tso peace. ter of heaJth insurance for 4he aged and da.. .._ _. :. i shied Ay. removing..he.in- 'prmesple...There 4vas.noobjection.t.:m ;.W_ t l.j a ] ..c aso: row wrzarn ar ua. wsz:rzs. Y from bemec:carerrognm- - 'ni JMr.-w m asN. M*.SpeakerJI cffer It is the sense of the Senate that the Con- .'nte motion vasragreed to.: e.a n n motion ~. 2. . r 7 r.c - gress abould niectsnyproposal to impcse a theTable.- A Inotion to reconsider was iald-on The Cerk. read as:tollor s:. _ ~ r. means test" on dgtstr for tLe medicare - - ~ ' -#~ - 2C. Wit::rrrs moves that the Rouse recede program or benefits.provided by the Medi..,Ihe EFEARTM pro tcmpore ~.'Ihl l-E ~ I from tu disagreement to the amendmentti care omgram. Clerk wC) designate the last Emend-the s+nC+ numtered W and coneur therem Mr. PMTP M. CRANE: (during -the ment in dweement, vu.h an-amendment..as follous-In laeu of - rm&W. Mr. Speaker, I.ask unani-h add- - 4 L the sectics number 158 named in-said Inot:s consent ihai the 2 notion be CCn. Senatt amendment No 100 ~Page 39,Qter amendment. insert **15'"" and in lieu cf the sidered as. read and. printed.in _ the Ime. insert: sxtion 1: umber 159 in said amendme=t. RECORD ~ ~ ^ insert *158". - - - ~. The SPEAIER '.'Ib ' tempore. ".ls Ii ognition. tbere objection to the request of the [tb ,'O Mr.' CONTE..Mr. Speaker. Iseek ree. a gentic~nn from Illinois? ang w subsection- 'I : The SPEAKER tro tempore. The There was no objection. Ne) Usr or CrRmw ArrowTrowrD ~Powos Chair recog=22es-the gentleman from Massachusetts. The SPEAKER Tro tempore. "The rom DmexrTroMART PowrostsMD Eubject gentleman from Ilunois (Mr.Prm.Ir to caragraphs (2) and 43), if the Secretary r i Mr. CONTE. Mr.' Speaker. I Tield to M. CRArrE) is TeCognized for 30 Inin. under s-etson 60me) or othe determmes. based upon notlee provided th? " gentleman "from -Illinots ~(Mri utes. of h amoutsta a um,=,rwise. that any P2m2P M. CRAM:). g e de M on "~ Mr.'PRTT.rP M. CRANE. Mr. Speaki -Mr. PEMM. CRANE. Mr. Epeag sma) wm not w engated eing,a ha) l cr, I-thank the distinguished gentle. er,"I will not take inore than 60 sec. man for7telding.' onds of the busy time of the House. ~ mom A ~ - k @' Mr. Speeker. it is etmply a-desire 'to am=nu at hs macreuon ur annt me our. M Mr. Epeaker, I rise in opposition to expedite the busmess this evening. I poses for which funds are==A..avanable i th2 motion. It is my intent if the think this is' 1t noncentroversia!
- (2) *fhe secretary may tnare eligstions tmder section so5.
j motion is defeated, to introduce an amendment *that I have proposed.-It in accordance sith paragraph <tlonly tf the amendment that preserves the ertst, deals with strikin,. %2ense ef the seentary daermtma est ne 4cca) of ebil. g y a I ing section 158. which would. ISather, Senate resolution.'which I think is ex-gata ns f r such fiscal year hwrposes of. y be redesignated as 157 and would oth. traneous and does not <!eal with the .,"d I ( r erwise strike the section 159 vhich is sense of the Congress. Since there i e 5 i to be redesignated 15B. seems to be no great controversy in-soka) and if the secretary determ"= ~ Mr. COh"I'E. MrMpeaker.'I have no volved, 'I will trot-occupy itny Iurther amounts are authortsed under E suincient rurther reaue.tner time. ume. u.. u-section 50Ma) ior later n=r=1 yean for dbu. ~ d gat >= w,uen apporuomo ammmis=mch g) O / i.I J M l ~ 3
d! ~ . October 1/156-* i H S392 CONGRESS.IONAL RECORD-GOUSE 4 ~ 1 + vnte not obligated {uring such fiscal year (.nce" report and the reveral-motions Recm.A) Will De recogn1 Zed-fir 30 mW 3 f.nd tehich remam.crallab17 under secutn was laid on the table. Utes. ? 1 The Chair now recognizes the gen-- 3 For purposes of amounts apportioned tieman from Georgia Odr. Orm. !or nscal re,.: 1982. the Secretary mar mae AUTHORI ING' THE M.UID?O OF Idr. GINN. 2dr. Speaker. I yield j the determmatons uncer paragraphs (1) and A CERTisIN CORRECTION IN myself such time as I may consume-' - (2) on or before Octoacr 30,1982. Por pur. ENROIl. MENT OF HOUSE poses of any n=1tauss on obucauons im-We t.re presenting today the confer-posed by har. amoun'.s obhgated in accord- .J.OINT RESOLLTION 599 CON, anee sith this subsecuon on or before Octo-gINU NO PPROPdTIONS ence report on H.R.-6968 providmg for mihtary construction for the fiscal ber 30.1982. shan be deemed to have been FOR. FISCAL YEAR 1983 year 1983. The confere.2ce agreement" obhgated during fiscal year 1982 to the Mr. Wini A t.N. Mr. Speaker. I of fer provides $7.043 billion, which is $1'169 o iia ed afIer a concurrent resolution (H. Con. Res. t.llien below the President's request. a : be. 420) authortning that a certain correc- $56.668 million below the Senate rec. 1981. a.nd before Oc ober 1.1982. for pur-poses of section 505, do not exceed tion be made in the enrollment of ommendation, and $(2.791 million House Joint Resolution 599. rmMnr above the amount recommended.by uso.000.000.". .u. continuing appropnations for the the House. Additionally, the agree-wonon orrraza ni nca.mrex fiscal year 1983, and ask tmanimous ment is approximately $427 million Mr. WHITTEN. Mr. Speaker. I offer consent for its immediate considera-below the fiscal year 1983 section 302 a motion. -- tion.. -- budget allocation.. ~The Clerk read as follows. The Clerk read the title of the con-Although I have just noted various Li. Wn= Tex moves that the House recede current resoluuon. fro:. Its d:sagreement to the amend:nent cf reductions, the military construction The SPEAKER pro. tempore.. Is conference agreement provides for one th> Senate numbered 100 and concur there-h. .th an amendmer t. as toDour in beu of there objection to the request of the of the largest expenditures for defense the matter inserted by said amenr%ent, gentleman from Missi::sippl? construction ever recommended by ' inse:t the fonowmc ~ There was no objection-Congress. The wide range of mhy Scc.167. Secuon 508 of the Airport and The Clerk read the concurrent reso-construction projects funded.tn this Attray Improvement Act of IJ82 is amend-lution, as follows: agreement represents a confirmatior dmg e end thereof the follow- _ of our commitment to provide the nec2 j i H. Cow. Rts. 420 Nel Usr or CERTADe ArroRT2oNED Ptyns Resoft'ed by lAt House cf Represent 4tmes essar} resources for the men and T L rom DiscArnosamY Ptarosts.-(1) Subject (the Sencte concurrsng). That the Clert of women in our military and for the i to paragraphs (2) and (3). if the Secretary.he House of Representaures is hereby.au-overall defense of the country. ($. -._ determines, based upon J2otice provided thorned and directed. in the enronment of The conference agree' ment reflects a f under section 50ike). or otherwise that any the joint resolution (ILT. Res. 599), maktnr series of changes to the House bill.' buti of the amounts apportioned under section continuing appropriations for the fie=1 year 6 @W hM ~ s 50ha) wiu not be obhasted durmg a flemi 1983. to make the icDorms correction: In yeat..the Seeetary may obligate dunng section 301(c) o!1he joint resoluuon. in the back to the House below the Presi. such-fisca17 ear an-amount, equal to such *seaand pruriso After the word "J=minr -dent,s budget request and still.keepp_ - 5-Vh-amounts at his discredon for any of the par. insert " Systems.. 114.500.000: NATO Sea-intau the"Inajority ofJthe initiativesv poses for wh!ch-funds are made ava.ilable [4pa/ror Ordalt Kita.433.000.000; continue". and concerns of the House. I will high-1 The concurrent. resolution.' was light sot:ie of the tnajor proposals in-1 i under section 505... c. :.. _m. ."(2) The Secretary may make obligauons' agreca w. cludedinT.he conference agreement: 7-5 ~ in accordance with paragra.ph (1) onlylf the JCin~oII - .. Quality of lifeTin the military. Th'eY ~ ~ Secretary cetermt= that the total of obu g g;on. to'. reconsider was laid on conferees agreed to-fund almost $100Y gauons for such fiscal year tor purposes of c-J.sw. - ns millionin qualityrollife projectshatiq" section 505 win mot exceed the amount au- :- --. s - thortzed for such-fisaltea* undersection ~ had been deleted :by the Senate.e We5 sosa) and if the secretary ceterminestnat. CONFERENCE REPORT ON 'H.R. felt that these projects were an essent ' S~ h :- sufficient amounts.aressuthorized under 6968 MILITARY CONSTRUC-tial portion of. our -emphasis ~to im-Z - secuan 505(a) forlater fiscal years for obu- -TION APPROPRIATIONS.1983 - prove the working and.living <condlY ' f gation for such apportioned amounts which MriOINN. Mr. Speaker,I call up the tions for people in the militaryc MC: reere not obugs.ed during such fini rear conierence report on the t!'l (ILR. Rt.s Banas, Erypt. Af ter debating fr.r 4;. N'Por the purposes of carrying out this hich remain armnable under secuan 6968) maHng appropriations for mill-the past year the issue of-whether to ' s tary construction for the Department proceed with a rapid deployment base ; j "(3) eubsecuen-- of Defense for the itscal year ending,in Egypt, the conferees agreed to a i "(A) None of the funds provided in the September 30,1983, and ior other pur-compromise position.The Department 1 1 loint resolution providing conunuing appro-poses, and ask tmanimous consent that will have ninfinhle $91 InIllion of the+1 pnations for the fiscal year 1983 shall b* the statement of the mannters be read $178 million requested'in-ftscal yeaf ' i crallable.for the p1=,ntnr or execuuon of in lieu of the report. 1983 to proceed with a true bare base,. programs the commitments for which are in The Clerk read the title of the bill. at this location. However, the Depart-@ - eNend pn'o t'o O:t be 1. 983. r The SPEAE'ER pro tempore. Is ment is to provide further assurances i grants-in-aid for airport planr'ns, noise there objection to the request of the on the use of the base, enter into ne
- compatibinty pinnnmr and programs, and gentleman from Gecrgia?
gotiations with our NATO allies and e (evelopmenn and There was no objection. Japan for direct or indirect offset-- "(B> section 506(ex4' of this Act shau not ' The Clerk read the statement. funding and reduce the scope of an'~ ' r in any manner whatsover impair the limita-(For conference report and state. struction to a total of $350 million M, taon estatushed by this paragraph." " ment,see proelings of the House of' Europec The conierees agreed.toliM store almost 4100 million in projectEf ', Mr. wiu m.d (during the reading). Thursday, September 30,1982, at page strongly on this side that it was im'poM; cut by the Senate in Europe. Wedelt Mr. Speaker, I ksk imantmous consent H8122.).. 1 that'the1 notion be considered as read Mr; GINN (during the reading)..Mr. and printed in the Rzcoan. Speaker,I ask unnntmous consent that tant to ~take care of ^ long Tiegle-ted 7 The SPEAE:ER ' pro tempore. Is the statement be considered as read, facilities that are for our own people v. there objection to the request of the The SPEARTR pro tempore..Is overseas. . Ji a . MX minne program..The confer 35 have not funded any construction fo% gentleman from Miuiceippl? m there objection to the request.of the There was no objection. - - gentleman from Georgia. r-The motion was agreed to. There was no objection... the basing of the MX miun. Also,.we - e The motion to reconsider was laid on The SPEAFTR pro tempore. The have agreed to retain the provision in L gentleman from Georgia (Mr. GDrN) ' the House bili that prohibits any site.-- J the tabic. will.be recognized for 30 ininotes.and specific design foran MX baning mode YM A rnotion to reconsider the votes by d which action was taken on the conicr-the gentleman from Ohio (Mr. to proceed prior to inifnung the-re ?" ~x; g -4h .- lM< i - 1
,n 7g [ Octobdr~1,'1983 - Cg5R1!$SIONA6RMORD2E 5NATE' - ~ . S 13051[. 4 4 S 4 people c.nd others' without inuch Te-w v( sources. -- ~ NUCLEAR i REGULATORY- ' COM- - MISSION following the'Three ' Mile It occuned to me th;t one-way to re-tj. solve that is to suggest if, in fact.-ve' JONFERENCE REPORTAr' rmnggy_. accident. Thts - backlog has been Island had harassment by the creditors of Mr. BAK.ER. Mr. PresidentM2nj. ~ cressed, to a significant. degree. by ad-- ministrative-actions-taken by the g anv cebtor who had taken bankruptcy, nority has cleared thismatter. NRC, and I~am -gratified that thesi would haeauthority to' the co:n:nittee of conference cn H R-g;, pre 3jdent.1 submit a report.o; p g then you assess - attorneys' fees against the 3 fashion. Nevertheless. -we are Tsot out creditor. To me. that would preclude n'. eration. LEO and ask for its immediate consid. of the woods on this'issr md the su-l 7 lot of arbitrary and capricious efforts The PRFT1ING OFTICER. 'The... _ thonty conferred upn the - NRC i.; to try to tie up some future income of i some poor debtor who was trying to report win be stated. tmder sectwn 11-will iisure that such' .E-l get responsible relief in bankruptcy. The asststant legislative clert read delays wiU_not be an impe 8 ment to j as follows: the issuance of-a licen'se for a reactor But if that is a possibility.'we.are: facedvith the October 4 dan?!me.' - The rnmmure of cor.ference on the Asa. that recened alLof the ott er necesi. 'I am' Dot certain whether or not a greems votes.c! the two Houses en.the sary approvals. G, 5 , - ~ n=>enenent of the senate to the t:tu utR.
- The second inajor ~pr'crisit 1. thatU statement could be obrmhd tolide us. L'330s to authonze approvnauons to the Nu' would nke teo dung to the Sena* s at.'
over until after the election.... w ! i encar-watery Conassaon in aanrdance tention, Mr. President, is the so-called. - Mr. JCIZENBAUMc Cc.n.the Sena- "'"h *em n mf the Amenergy m g
- g C g GOD-M Ole tor from Eansas consider ehmmntmg of M. as annenced. and secuan m of the19M.-as-rec {e eme co er this particular-section frotn the bill? ~ amenoed and for o'her p Energy Reorgan.zauon Act cf agreement-reverses a mistrict of. columbia Court of The crit.tcal issue-we base before us. met. amr. fun.Ard free conferencem.hanns. Appeals decision requirtng the l
has to ao with the vacancies as of Oc agreed to recommend and do reco=unend to..have - hold heanngs.upon r l y . tober 4. As far-as that issue -is con-l their respect 2re Houses this report.. signed itissued a herw =mendment.segard7 _7 j eerned, and I cannot-speak ior-the-by sll of, the conierees. less.of therafety sirnificance of such ranking 2nember of our commutee but ,3 floor,if we can ehmmte thatene sec - tothe consideration of the conferencec it u hm W W l4 e pM-tion and then continue in the next sec. report. sions addreninr.this.lssue and the n tion to attempt to deal with that. I; _ t..... breadth of support.for4he Sholly' pro-^ jq - af ternoon. asmmint that-we had some n Rrcomthink se could move.this m& Iter.this: ed in t j.-j . cent. thatia requirement-to.holdi '9 ! f} . hearmg Mese typefN %b .t:nderstanding 12 hat- 'itysould-nog
- Mr. SIMPSON. Mi/ President'-Itam. thd la
-cicourse... nference comm!ttee.;' pleased to present for the tonsidera-y mak* 8e fe appear 4n 4.he-co 't g,, T 6 J1.a;.m.perfectlyTwilhng~to-tfy.to help? report on -the- -Nuclear 4 Reg l t.-- %.. :. -. tion of the Senate -the-C dhd.aneMr.irom hnut in-crery way : Commmion -author 2zation--bHlefor,.thonty.to issuefn k"- pedhia.in.anEtemptio2nove a; bank.i Itscal years 1982.and 1983.'H.R;2330..consideMon,. : ammdments 5 Thich k before us asof October L..-
- hard ~to resolve the'-Many; difficult 1ruptcy hHl.10.tneet with f.his problem. The-confere E
,inSad, k: Rr.DOIE2 unWMthat 11.;in; issues contained in'the House-bHEand D*"d'"CN *-. request _.for4uch a, ' fact, that were removed-and I am not'.'.thV' Senate smendment 'and-I am:tse-e.e.ee.-e.c=-wr _ -- e it'.should _ be-then. gratified to report that-an assuestom- .The third-p ovision-thst-l want:to-ruggesting ~_1 hat N there would be sn objection:to en fnr." mitted to the-conferees-for considera- 'oint out. Rra_Presidantas section;23 - } it.up because.itwould'have.been in s;; tion have been resol ' -saniing*urannnn. supply. 'This was' ved. -Aa,m . I.ae.last pronsaan upon which the con g 10QtC ~~5: " 7 ***~ now urge my coHeagusta adoptrthe; erees reachth-mt. ML Tresi : O ~t~ there-- was'. anybody-'who-~;fel:W'-a fore the Senate-actually' j l ' strong!ytbat it-had:10 be in.Maybe-the question en agreeingle the confer.m an of the mnferees that we mm y ' what we oughttotry to do is to bPre a J ! 2t clean bH1 just dealing with the article ence report. Mr. President. I-haek. to itsclie:thirdifacultissue. The enm. red few bnef comments that I would like 3 fudres.'T would be very happy to to make about this bHl. This bill con. promise that ~ue-12 ave.sgreed. upon 9 work with thesenator from Rem'tn. tams a number-of prortsions-of-s2F of 4ecorWm _a nnmher of importdo that respect only and not try (sodiear nificance that?in my judgmentfewiljt interests,assocaatedawith th i f ant: with thesubstantive bankruptcy" law. r enhanceI 2s Aissuea the ability of-theSueleap Without belaborms.this-issue 'let.rne
- Mr7 DOLT.J. As the Senator knowr,;
Regulatory Commission to carry.out. say that this provision is intended by therecare.come -wbo -think-that the e its f undamental-statutory mission-pro.. the conferees 40 snsure that th2s corn.: r fudges oughtetrbe; article.39udges. - tection of the public health andsafety. tWs essentialvsecurttr. ~ That.does-not bother me:but'lt both. and the environment. In additioncthis judges..I hear. It is all a znatterbothen, the chief bH1 represents the first major piece of fully protected andgas a ers.some.- and it I the conferees..this provtsion accom-compromise.- m r me.m...- of legislat.on to come out of this Con, phshts taatimportant objective.. , gress regarding the regulation of the ' together a par +*oe-where-everybody;1What we are trying to <101s to put. domestic nuclear power indu - to say a few words about sectiFinally. Mr; Presid gavea little and contributed a little in brsef:rnornent to mention a-couple of ment dentinr with ur*M ons 18 g~ anfeifort.tcJesolve Aratberedelicate the Inore important-provisions of thls' ings regulation.!.~ us *C. c Jg anium:mDI.-tad-. 'mattn .,f g.;.- w..J.,.s.. .a i bHl a Section-11 -of -W2could. sunset certain providnnn..;We are Mi~.a very' tight' nmeframe.1 report confers tipon'th J J thonty.20 assue temporary operatmg e ' Urani- - the remainder of the afternoon.1 am, those -cases where construction of-2:.Maybe.it certainly wiHing to discuss JL with the ed pnor to completion-of a requirednuclear power reactor wiU beto Senator:' -- * ~v+r"- 'Mr. MrrZEN'BAUMJ'I +1D 1utvise public-hearing: propose and-fina12ze inactive and After inuch t'iscussion: active-uranium processing site stand-the Senator 1 rom Kansasit will not te by the confere. difficult to find where 3viD be durmg what I thmk is an equitabie and much givhave * "tved -at; ards. U;tder the-1978 a .theafternoon.J Wllbeherer-V -," Tieeded solution-to the heensing-back ; E.1980 respectively;toen u q.; m t r -W. f. O c.-H96 --- log that developed at the NRCshortly acttre and active-stte standards EPA promulgate in-s ..d... -. ;- !~
- ?. ;- '
t
, S 33052 CONGRESSIONAI;. RECORD.- -SENATE. OctoberJ,'1982 - h;ving failed to meet these-deadlines..agreemtnt that.nd:cuately.addr sses agreement States. are.cutMrized to %~. 9.,, the Senate bH1 Extenfed th? d.adlines the concerns in the Senate bul. The acopt altern.tivebin'cludingisite-spe. - h ; to April 1.1982. for final inactive conference agreement includes four es-cific alternatives-to the Commission s -@ standards and* to AprH 1,1983 for sential ele:nents. regulations. These. alternative State... - imal active, standards. Second. NRC First, new deadhnes are established requirements, which may take into ac. ~ 7 . uramum m1H licensing requirements..for EPA standards under.section 275 count local or regional-cond:tions. M which u ere issued in advance of EPA s of the Atomic Energy Act, as amend. must be submitted to the Commission W standards on October 3.1980, were ed. Pmal inactive site standards should for approval. II. after notice and op W.$ suspended pending promulgation of be promulgated by October 1.1982; portunity for. a public heanns, the.'W4 EPA active site standards and NRC proposed active site stanr Ards should Comwlon determines that the State 4 confermance with those standards. To be issued by October ~ si 1982, and alternatives will achieve a level of sta-- $ assure prompt action by NRC a time-final active-site standards should be in biH:ation and containment of the sitedd tab!e fer such conformance was estab-place by October 1.1983. If EPA f ails lished. Third, the Senate provision to timely issue inactive site standards,. alth d . b' clarifiec that NRC has author 2ty to the Department of Energy may pro-consider all relevant factors in issuing ceed with its remedial action program. ment..which is eg'utvalent to* to theiFM regulations. including effects on public as provided.in title I of the Mill tai 1; -extent practicable, or more stringentC - than 2 the health and safety and the environ. ings Act based on EPA's proposed . level -which t would.be g '.- achieved by the IPA and NRC standa ment. as well as economic costs of its standards. This thange in existing law ards and requirements;.the State is to '..g; requ:rements. Fourth. the authority of was made because the conferees be. agreement States that elect to regu- 'lieve that this program should not be be allowed to implementsuch alterna-g hte uranium mid tanings was clarified further delayed by EPA inaction. tives. The bill also corrects a-deficien-to conft m that such States could When final inactive standards are. cy in existing law which-wouhl allow.,4 . adept alternative requirements where issued by EPA they will become the h'RC t# terminate a-State's authorityg C Those of h*RC were determined by a operative standards to be followed by over mill tailings without.due process. f-M -. State to be impracticable under local-DOE in all subsequent remediaj In no other case does NRC-have such 2 conditions. Fifth.-the Senate b1H limit setion. If IPA.Iails to timely. issue authority over an agreement State. -3 (d NRC's ability-to impose sdditional ~ final active standards, its authority to The conferees agreed that'it.should ,a requirements in agreement States do so is terminated. Vpon EPA's faij. not have such authority with respect 7 ure. N' C would assume EPA's autt or. to mill tailings. Under the conference - where such States had regulatory pro-R grams governing mill tailings that ade-ity to determine appropriate standards. bill. a S, tate regulatory program could, ' quately protect public health and for active uranium processing sites. be ternunated only af ter application of-i safety. "^ " W ~-- .Second. - the conference agreement the procedures provided in section~274 - e These provisions %erersdopted? fold provides.for-a s3uspension of NRC's of the Atomic Inergy Act'Section-20 c lowmg a hearing-before -the Senate ' uranium. mill licensing -requirements. of the conference: agreement-confers C] Invironment and Public-Works Comi ~A fuH prohibition on enforcement-or upon individual licensees a related but mittee on June ~16.1981. At that hear-implementation. of these Iregulations less independent ability'to-proposeal-,.] ving;.snd a-subsequent-hearing before-will-runsonly.until January;,1.1983.: ternatives.~Vnder this-section.;individ _.. ;.. ---thetBouse Armed Services Committee. After.that date, h*RC maylmplement: ual NRC licensees are authorized *to'- 1 the~ Congress-was made-aware of-cer-and ehforce-an of its October 3 urani. propose alternatives to specific Codil ' / ta.in problems thrt had arisen.in imJ um milllicensing requirements except: mission requirements.The;Commi." ,I '..plementationof the 1978 actJNo* those.that the Commiulon determines sion may. treat such alternatives as sat... ~~ ? standing the clear mandate of' would require.a major action or com.31sfying' Cow % ion requirements'ifit. . IPA had failed to comply Mt mitment by licensees which would be determines that such alternatives vin ~ q_ lines forinactiveand active. site nnecessary if ' one. -the. active.+ site achieve a level of protection of public. ards..NRC had 7roceeded".to ise ;tandards proposed by-EPA are'prol health and safety, and11he' environ. c.stringentstandards.and requiremem _mulgated in final form without.modifi-; ment, which is equivalent.to;.to :the y ^ ~ in: advance-of:EPL NRC had-also:as- -cation.-and two..the Commi" ion'sye. -extent ' practicable /,or;more.' stringent.:. c. _ l,serted thatJLgreement: States.were-re. Guirements are modified to., conform.to -than -theClevel rwhich'%ould _.be ' -.y quired to adopt:lts. uranium. mill 11-- such standards..- y v ~. M.. achieved by theIPAstandardsand re- -censing require nents without consid. The third major element of thenn-quirements.1 * . :.' r.~.. ~ eration of the-local practicability of ference agreement pertains-to the.re-As I stated before ' t' e ' conference h such regulations. Substantial ques. sponsibilities of EPA and NRC to pro-agree:nent adequately. addresses the tions were also raised.as to.the need mulgate, respectively, general environ-concerns expressed in the. Senate bill-for NRC's stringentiand costly regula-mental standards and uranium. mill 11~.vith implementation of the. Mill Tall- . tions; partiet arly.NRC's. radon eman. censing regulations. In each. instance.' ings Act. For this reason.Irecommend
- -f nation and m 11. tailings cover require-the conferees have agreed to. include the Senate's favorable.-consideration
, mints. Were.beseastandards, which specific references in-the appropriate of the conference. agreement.m. cffectively Tecuced>rasks associated sections of the Atomic Energy Act di-vith mill tauings near zero, necessary, redng EPA and NRC. in promulgat- .g 3.TAFFORD. hir.*' President, 2 or were lesser requirements adequate ing such standards and regulations, to am delighted that the conferees have to protect public. health and safety consider the risk to public health and reached agreement on a Nuclear Regu-and the environment in view.cf the safety, and the erwironment, the eco-latory Commmion authorization b111.3 1 isolated location-of.most,~if not all, nomic costs of such standards or regu-commend the conferees for their hard work and diligence in: producing 1this . active uranium processing sites? Final-lations. and such other f actors as EPA. report. - **.. g _ g,c w, q ly. Question were raised.as to whether--or NRC, respectively.. determine,to be M bill is a major pieceW 6sisla. EPA.in the proposed inactive - site appropriate. Essentially; we intend by', Mon which w1U suWa**Wmprove It;ndards and NRC in. mill. licensing this requirement.that these. agencies. the Commiulon*s.abilityWpursue its requirem ents ~had _ adequately 7consid. must balance the costs of compliance (red the er vironmental and-economic against the projected benefits.to most.important TesponsIbility regard. a costs of their actions. assure that there is a reasonable rela, ing regulation of the health and safety j The Ifouse. bill contained no provi-tionship between the two. aspects of nuclear. facilities. y sion amending the Uranium Mill Tall. The fourth major element.of.the This till.is.also important to those Ings Radiation Control. Act or other.. conference agreement involves'imple-involved er.affected by:the nuclear in. b ~. wise addressed the -concerns of the mentation of the Federal standards dustruncluding lhose interested in senate bill with respect to milliallings. and regulations of EPA and NRC..at rimprovinrthe-environment, and in im. I -- The bill, as reported by the confer. the State level. Under section.194f.u. proving this country s nonprolifera. 3 f e ence committee, represents a reasoned the conference. agreement..individualJtionprpsr,am,, ~ i *g.'@r*M.yg~'*1.y, ~d ~ .1. -(!y,.. Ab. - .~ a 1 :., - 5l.3y,Jcd'Nf.@5.7b - j ... v.. '.g--,- .l i
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j October 1,'758f ~ CONGRESSIONAL RECORD iSENATE i S 13053 I th;refore. -4trongly ~ urge Tny col 'maintenanc2 t!Yviabl2 domestic ura Idomestic uranium industrhThis con.' ~ tg a leagues to morov2 this report. nium industry. The provision before cern that foreign producers are rush-4 Mr. DOMENICI. hir. President. on us 1s not the first time the Congress ing to capture our domestic market is { March 30 of this year the Senate has spoken on the subject. In 1964 the not hypothetical. In the itrst 6 months passed the Nuclear Regulatory Com-President of the United States signed of this year, well over 50 percent of 4 mission author 1:ation bill. In passmg into law the Pnvate Ownersnip of the long-term contracts awarded for } that bill the Senate approved an Special Nuclear Matenals Act. That uranium were to Canad:an producers { amendment offered by me relating to act s. mended the Atomic Energy Act so alone. A recent update of the Depart-tne use of imported uranium in dornes-as to provide for the pnvate ownership ment of Energy's " Uranium Marketing } tic nuclear powerplants. As passed by of special nuclear matenals withm the Survey" indicates that this trend O the Senate, the amendment provided United States and to change the strue. toward increasmg imports may be d that the Nuclear Regulatory Commis-ture of the Atomic Energy Act in a more real.than the Department of slon oevelop critena for the issus.nce 'way which would permit a civilian nu-Energy is wilhng to admit. As of Janu-cf uranium import licenses that would clear power prograrr As a pa-t of that ary 1.19E2. the Departtnent reported provide for. the-maintenance - of a act a provision to the Atomic Energy that approximately 24.800 short tons viable domestic uranium industry. One Act was added which provided that of uranium would be imported to this of these critena'would have been a re-the Secretary of Energy offer uranium country over the next decade. The striction on the use of foreign urantum enrichment services in a manner that July 1.1982 update of that survey in-In domestic nuclear reactors. More would protect the viability of the co-dicates that that figure has grown t.o specifically, foreign uran.um used in mestic uranium industry. As a conse-38.700 short tons. Similarly, for the domestic nuclear reactors 'would.have cuence of that legislation, the Atomic decade of the nineties, the previous q been limited to 20 percentof the total Energy Commission placed a total pro- -figure had been 9.300 short tons. As of 2; need for un.nium-for a given reac_ tor hibitaon on the enrichment of foreign July 1.1982, that figure had grown to in the cours+ ofrits operation. Ahe uranium which was intended to be 18.000 short tons. The Energy Infor-amendment provided further that the used in domest:c nuclear powerplants. mation Administration has projected NRC sould report annually en the The Joint.. Atomic Energy Committee that such aggressive marketing cculd -3, amourit of foreign uranium used and said in passing this legislation, that lead to foreign producers holding 80 projected to be used in domestic reat-this measure was'"in the national in-percent of the domestic market by the i tors. terest s'nce the industry is closely re-late eighues~ ~ Mr. President, during the course of lated to our vital defense and secuntv. Bei re I explain the import prova-this long conference the uranium interests." In 1974 the Atonue Energ'y sion of this authorization bill, let me ? import restriction language I have fust Commission decided to begm a phase-report ginning in 19,nnchment restnction be- (o*88[to ] 7 explained was the focus of a great. deal out of-this e l of debate. - The ' con!erence e d e s. As of this year..the re-before the Senate today contains actriction stands at 60 percent and is for our domestic nuclear power indus-/ provision which is very different f. rom scheduled to nse to 80 percent in 1983. try. I need not remind my colleagues that which passed the' Senate and 1 vith no.Testnction on the enrichment of the soanng price of ele.tricity re-s n oll im pen n J would like to take this opportunityto. of-foreign uranium for domestic use } txplain the provision-totny colleagues. 2f ter 1984aLet me stress -for my ml- ~the imposition of import restrictions. I this moment..an import restriction. It Nation dec20e sometime in the future, - j g g g Tor those wbohre concerned about -leagues thatve.1 rave in place today;at y believe-that thetprovision I am about stands-at 60 percent of our domestic Jafter a. domestic production. capacity q -to describevill pmve to be an accept-use.'I'he provision that is before us in has disappeared that we <1o.need to y V able combination of the use of existing the Nuclear Regulatory Comminion ,' 5 to 0y. b g a 1 ne suf law <and prortsions'Thich recognize authonzation is not, for thosewho, ficaent production capacity.... the unique national security imphea-take. offense at such restnctions.- as . Jd.r. President, the Conference Com. tions of uranium production and use. drastic as thate ~ - L -- r-. Generally speaking.-the Conference Some of my colleagues might-ques. Jnittee compromise provides that the 4 ' Committee compromise provides 'that tien xhy we need to address the issue President report -to the Congress-on the International Trade -Commission of imports:when the Atonue Energy the status of the dornestic uranium j study the economic consequences of Commission detennined in 1973 that nQung and muhng industry..This a imports as provided for in section 201 imports were no longer a threat to a report would be done within 12 of the Trade Act of 1974, at such time viable domestic industry. One reason months of enactment of this provtsion. as the Secretary of Energy believes the afindmg -of the Atomic Energy The report would include a number of g that the importsinay be a substantial Commmion.can be called into ques-factors to be considered in Jeviewing cause of serbs injury to the domestic tion is that the projected demand cal. the industry. _ c Q-t industry. The ce cromise also pro-culated by the Commission turned out First, the President would report on vides that when impod reach a level to be for. the year 1980.~ three ~ times the projections of uranium require-. H of 37.5 percent of the dome # nuclear too high. As a consequence, demand ments and inventories of the<1omestic power demand for uranium t tat the has not grown a.s rapidly as projected utihty industry for the future. To be Secretary of Energy request t le De. and the domestic uranium industry is meaningful, these projections would -d partment of Commerce to inve :tigate -experiencing extreme economic hard. need to be done over at least a 10-year } the national security implicatLns of ship.7n the past 2 years-over half of f uture penod. j 3-imports as provided for by section 232 the. domestic miners have been laid Second, the President would report of the Trade Expansion Act of 1962. In off. exploration has dropped by 66 per. on the present and future projected y addition. ' the Secretary -of Energy cent.4nd'the number of -operating ~ 12ranium production 'by'the -domestic i I would be required toencourage the in; mines in this country has dropped by rnining and milling industry and again. H E i - creased -use -of Womestic ' uranium over43 percent /I do not stand here this projection should be over at least ' j thr'ough the modification of the oper. today.argu3ig that these measures of a 10-year priod. In the past. the De:- J l ' ational policies employed in the Feder-the health of-the domestic industry partment of Energy has done reviews q cl uranium enrichment plants. In are being affected by uranium im. on the projected domestic production g doing this the Secretary would not be ports. What I would suggest to my col. in thev document entJtled " Statistical I permitted to decrease the use of for. leagues isthat..in the absence of some. Data of the Uranium Industry.'"What } cign uranium. signal to the foreign producers of ura. has been lacking in that report is a 3 Before explaining the amendment in niura that we in the United States will projection of future production. a detail. I would like to resiew for my maintain a viable industry, those pro-Third, the President would report on L' colltagues the legislative history of ducers will tapture our markets -and the present and future probable pene-the issue of imported uranium and the discourage future development'of the tration of the domesticTnarket-by for. 9 _e ~ i 4 4
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..E. : ^ : CONGRESSIONAL: RECORD--SENATE eign Amports. Cuch ta'lculation-Enald.preted as thr uranium nevmary to )
- 51). Under thm Trade Actfif the '.)
.be based en contracts executed, and I fuel all eperaung <iomestle nuclear Commission imdA that statufbry crite-4 mean by that that they are aagned, or powtrplant.s as bcensed under acct ons na are satisfied. It submits a report to - executed options. - 103 and 104b of the Atomac Energy the President with a recommendation Fourth, the President would report - Act. In projecting future amports the for import rebtf. The Co::unission can -En the size of domestic and-foreign m " Secretary should also include project-recommend an mcrease in duty, the-se.rves, as they have been reported An ed future nuclear _powerplant oper-impositzon of an import restriction, or the ast by. the Department.11.ations and the-demand for. uranium certain other remedies. The President ~ Energy,.using.a. number of-different which would result.- has discretion as to whether to impose. forward cost ~ categories. Second. the ente'ia would include relief' or to impose no relief at all.The.- Fif th. the Presloent would report on project 2ons of uranium require.ments conferees d.id not intend to affect,In. - present and projected urnninm explor-.and inventories for domestac utilities -sny way the manner in which such ation expend 2tures and plans. In the for a 10-year period forward from the sanctions would be applie'd to future pasi those plans have been reported yea.r in which the r.nnual report was for only J year in the future. This bemg. prepared. Again, uranium re. contracts or-to existing contracts. In other sords, the conferees expect 1 hat report would need at least a 5-year for-quirements reiers to the-amount of the. Commission and the President ward projection. . uranium necessary to fuel domestac vould treat-existing and future con E Sixth. the report would include pres-nuclear powerplants beensed under ent.and projected employtoent and sect 2ons 303 and.104b of the Atonne tracts for uranium procurement just capital investment in the uranium Energy Act. as they would treat any contracts for imports, either existing or - future wni w and mming industry. Third, the Secretary would review y.hich might be investigated under the Seventh. the report would have an the present and probalne future use International Trade Co~ eion's su-estimate of the level of domestic ura-.by the domestic 2narket of. foreign im" thonty ~' nium production neee-y to lasure ports..again with a projected f uture of. e Conferere Comm! nee comp & the viemty of the domestic uranium 10 years to be exammed from the date . industry. .'S in which the annual assessment'was mise further provides that Tpon a Dghth, the President should trans-being perfonned.~. .inding that executed imports or ex-late the information on the level of Fourth, the Secretary would deter-ecuted options for source material or production necessary to maintain a mme whether domestic econornic re-specla] nuclear matedal of foreign viable domestic industry into that per-serves can supply all future needs for mngm have reached a level of 37.5 per-cent of the marketneeded to maintain a future 10-year period from the date cent of actual or projected domest.tc --this level of production which belongs of the assessment. Economic reserves uranium requirements..the Secretary tothe domestic industry.' ~~ ~ have beensneasured in the past byde-of Energy.shaIl revise criteria.for the -Ninth, the President"should report terMning thoseTeserves that would be operation oflhe uranium enrichment 3 on the price effects that-import re-meconomic to be usedat-the time of the plants so as to encourage De use.of strictions might have over what might projecteddemand.. domestic origin uranium in. domestic ~ le pred:cted to be-thet.trrent pnee Afth..the Secretary would review nuclear powerplants..The.Conferenm_ .._. propus" - " ~ # #' " "--~ ~ presentind: projected domestic mant. CmmMee Satement tof haaers, ( Tenth, the President-sfrould exam-41m exploration -expenditures.:and provideslhree eramples of the kind nf ine the-effect-that spent fuel-repro-plans, again usmg projectrons emilar modificaltons envisioned hy.the. con-y cessing 1 night have-on the domestic to those made.by the Department in ferees. To.lbe. extent.1 hat.x:riteria 9 uranium industry as Teprocessing is the past but projected f urther into the modifications result.in the greater use 'likely to take place over-the next 10 future than the Department's past es-of uranium, it is. intended that 4. hat, timates. - ..~ uranium be o!4arnestic oririn So..for ~ years.. N The Conference Committee also pro-Sixth, the Secretarj would= res example, if.the Secretary of. Energy Tides that the ^ Secretary-ofdEnergy present and -projected employment.were to modify the tails assay for the Tnonitor and report on the viability-of and capitalinvestment in themranium operation.cf the enrichment, plants in. -De domestic uranium industry on an industry.--.- -N such.a way as.Lo. increase the use of ~. t annual? basis trom now until 1992"In. Seventh, the$ecretary would review uranhun.the. increased.uraniumire - trr& tag. that ~ report ? the -Secretary the level of domestic uranium produc-cuired.would _be of domestic origin. - wot.ld be require 1to submita determi-tion capacity auffacient to meet all The conferees d'd not.!nter.d that the nation as to whether or not the do-projected domestic nuclear power modifications undertaken by the Gec-mestic uranium industry is. viable. In needs for a 30 year forward period. retary in any affect cxisting contracts the-event that the Secretary'were to Again, that c.lO-year ~ forward period for the use, possession, or enrichment find cthat-the dornestic industry. was should be from-thettate of theannual of foreign source material.ortforeign F-Int viable existing provisions in the report special nuclear.tnaterial in. utilization Atomic Energy Act would provide 2e Eighth. the criteria should include a f acilities licensed, or required to be li-Secretary-with he authorrty to lielp 'projecuon -of -the domestic uranium censed under section 403 4r.'104b of matntain the viability of the industry. production ~and price levels which the Atomic Energy Act-~.,2 -. " In order to make this dete. ninntjon of would result under di!ferent levels of Once the Secretary of. Energy has viabitty the Secretary is required to imports. The Secretary would also made the determination that,present promulgate criteria for such a fmdmg. have the authonty to provide such or future use-of Joreign airanium sor Those criteria would be promulgated other criteria as -deemed appropnate foreign source material or special fau-within 9 months of enactment of this and also the authority to gather such clear matenal accounted for 37.5 per-provision and a number of 4 hose crite-information as is necessary to carry cent of domestic demand in.any2 cxin-i Tia.are Eptcified in -the<cmpromise out the monitoring and reporting re-secutive-year penod,' the-secretary J provision. - quirements required by the provision.- would be required to request.the'Sec- ,Pitst.the. Secretary would-be..re- . As restatement cf existingJaw.the-retary-of Commerce 4a Aniuste.an in-r ~' 1guired +to assess whether.or s20t-ex. Conierence. Committee icompromise vestigat.lon under sechoot332-of the
- l ecuted contracts or options for tource provides that the Secretary of Energy Trade Expansion Act.cf;1962 (19 rnar, rial or special nuclear material may determine at any time, that im-U.S.C.1862). The conferees. intended will result in 37.5 percent of the actual ports are a threat or substantial cause that the Secretary make this determi.
cr projected dornestic. uranium re-of serious injury to 1.he domestic An-nat. ion based on the snel assessment .d quirements for any 2 consentive-year dustry. In that event the U.S. Trade of present or future'use of uranium 7 period being supplied by - foreign Representative would request the U.S. from f oreign sources. Under the Trade source matenal or foreign special nu. International Trade Commsssion to Expansion Act.lf the' Secretary con-clear material. The term domestic ura-iniuate an invesugation under secuort elude that4mports. threaten,the na. J11um. requirements should be. inter-201 of the Trade Actof 3974419 U.S.C. - Alonal.epcurMwsthea. Pres & dent ' can - +4 ..rf3 : - 1 , jJ,,.- k -fg.Q h &- ) sy v E l 4 3m ^ ,l
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October 1,1SS2 CONGRESSIONAL RECORD.-SENATE ~ S 13055 i j' cdjust imports to r"; move the threat. efforts. Among many cther. essential agreed to by the confIrence, the basis However, if the -Secretary concludes issues addressed in this bul. two issues 'for consideration of costs by EPA.in thr.t no threat to national security are of particular concern to me: The promulgr. ting general standards and exms, the President has no power ura:uum import issue and the uranium by NRC in issuing site specific regula-under the Trade Expansion Act to mill taihngs issue. I have follov ed lions is now expressly ertabhshed. grant import relief. The Conference these prob: ems closely because of the Both of these agencies must establish Committee compromise provides that large impact on my State and because that cost of compliance bears a reason-dunng the course of this study, or.2 of my background as a geologist. As able relationsh:p to expected benefits. years, whichever is shorter, it would you will recan,last year's NRC appro-Mr. SCEMI*IT. I thank the Senator be unlawful to contract for imported priation bH1 contained my amendment for his clarification. On-this issue. I uranium. I stress that this moratonum prohibiting the NRC from implement-have but one further question.Should on contracting extends to new con-ing the uranium mH1 tailings regula. TPA f ail to timely issue its fmal acth e tracts only. Any foreign source materi-tions. Fmany, today before the Senate standards. could NRC implement its al cr special nuclear material previous-we have a perm.nent reform that I existing mill licensing requirements? - ly contracted for would not be affect-hope will solve the serious problem of. Mr. SIMPSON. Only if the NRC de. ed. The intent behind this provision is inconsistent, expensive, and flawed that. durmg the course of the investi-uranium mIU tanings regulations. The termined af ter appropriate opportuni-gation into whether or not imports tre import restriction is also a vltal con-ty for comment and a pubhc heanng a threat to national security.-it would cern to those of us familiar with U.S. that those regulations.are reasonably not be appropriate to be contractmg strategic mineral require:nents. Our related to the costs of implementation. for more foreign uranium which might domestic uranium industry is in a enti-In order to prevent such a potential further threaten the national secunty. cal position..lf we do not act now to result, the conference agreement re-The conferees did not intend to sfiect-preserve.our domestic production ca-Quires bothIPA and NRC.to consider j in any way. the manner in which such pability, we will. simply not have that costs r.nd be certain that they were a study might affect future or existing capability without-a 5-10 year lead-reasonably.related to expected bene. f lj contracts. In other words, the confer-time warnmg. We need a viable domes-ees expect that the recommendation tic uranium industry.. g cf the Secretary of Commerce and the We. all support the principle that ments are reassuring. In view of those 3 actions of the President would treat public health and safety must be pro-assurances. I am pleased.to support Q existing or future contracts for urani-tected from potential hasards of urani-the coninence agreement. h um procurement just as -they might.um mill ' M'ws. The conference Mr. WA1.1,OP. Mr. T> resident. I, too, g for any other commodity being im-agreement seems to promote this goal, compliment the conferees.. A great A ported to the United States which the while also assuring.a reasonable regu. deal of effort was expended on resolu-Secretary found to be a threat to the -latory program for. uranium mal tad. tion-of the-differences between the I . national security. There would be no'ings. Nonetheless.1 believe some clari. Senate and House ~ bills. The result ap-p grandfMhering of.existmg contracts fication is in order on certain aspects. pears worthy of the effort. I too how-j from sanctions unless the Secretary of of the agreement By. requiring a con-ever, have a question on one aspect of 7 Commerce so. recommended and the sideration' of emironmental and eco. the bill I feel the provision that sus-1 President instituted:- - -..e - n'omic costs.-is my understanding cor. pends NRC's regulations seems'some. In conductinge ethe investigation rect that the Senator wants the regu. what complex. Could the requirements 4' under section 232 of the Trade'Expan latory agencieslo consider.more than of that provision.cbe cmore " simply )I lD - sion Act, the conferees intended that-just the feasibility.cf their standards ~8tated? A e i M15 the Secrettry of-Commerce take into and regulations?. 7.. ._ answer that question.-As-the Senator. Mr. DOMENICI; 'I -believe 'I can account 4he information provided-by MrTSIMPSON.The Senator's under. the Secretary of Energy.In.particular, standing is correct. 'The direction to will recall, the Senate bill suspended the Secretary of MCommerce. should consider costs requires more th.Ln a NRC regulations in full until that take into. account.Information regardi perfunctory determination of vhether. agency conformed to im41-EPA stand. ing projected 4r executed contracts or a given cost can be borne by the uranj.' ards. The intent of the Senatesusxn-J executed options for foreign source um industry or a particular ~1icensee. sion was to restore.the.orderrestab-i material or special nuclear matenal: As indicated in the statement of_r.an. lished in the 1978 act which called for This prospective examination of the agers, standards and requirements EPA general standards followed by potentral threat to our national secu. must bear a reasonable relationship to NRC site specific regulations. Some { rity is necessary prmeipally because of.the expected benef2ts; that is, the Members of the House felt that the l the long lead tune involved in starting costs to comply. should be comm.nsu. Senate _ suspension was broader than uranium tnining and ' milling - oper-.' rate with the nsks. This is not to say was needed teachieve the purpose. On. s Etions. that an itemized cost. bene!!t or.tinuz. reflection. I had to agree 71th the d The provisions provides that the.ation approach is required. In balanc. House Members. Only those require. Secretary of Commerce could notiniti-ing costs and risks to assure a reason. ments which are dependent on EPNs f r.te another investigation sooner than.able relationship between *.he two, standards should be suspended, and i 3 years following the completion of judgment must be exercise.1 by the then only when reason exists to estab-I any investigation by the Secretary of agencies. different than 'EPNs final sanciards Itsh that NRC's requirements will be ? Commerce under the provision..if;no ~Mr. <Sr m?TTI. In the sta.tement of a recommendation had been made pur-managers. I read the follot ing **The and where licensees are; required to suant to such study for. trade adjust. conferees note that this !alpunge re. take some rignificant action. As arreed j ments to assist orprotect,the domestic :flects accurately the current regula.10 bythe conference.a fullsuspension a uranium industry.-lf the_ Secretary of tory approach of theagenices.
- Do:I will be effective until January '1,1983.
Commerce were.to undertake another. correctly understand this language.to.Af ter1 hat date, the Commission must i . investigation as triggered by the-37.5.. affirm as being sufficient to the. prior determine.if a suspension As,appropri.. lj' percent level of imports. restrictions. -agency consideration of costs of mill ate considering-the factors I have just on contracting under the provision tailings stabilcation and reclamation?. stated. Could not take effect unless the Secre. Mr. SIMPSON. The statement the Mr. WAILOP. I.thank the Senator. j tary of Energy had determmed that Senator referred to must be taken in for his explanation. It is my under-i new information. relating: to the na. context of the preceding statement. standing that. EPA and NRC have ' t tional security. required that contract-Whether or not costs were sufficiently stated that they felt compelled by the ink be suspended.. considered by NRC was disputed in Mill Tallings Act to impose stringent f Mr.. SCHMI'IT. Mr... President. I litigation. We have expressly.taken a requirements. such as.a.2 picocune compitoent my colleagues who served. neutral position on.the issuesraised in radon emanation standard. trrespec. on the conference committee on their the litigation. Ily the amendments tive of costs..because.of language in .m. 9 / o
j l3056 C'ONGNESSkUN1155CURDi MNATE dobefN19M the prcamble to the 1978 Mill Talling go beyond and ther'efore tot'11d be re. The confemce Teportiasigreed-10. M ~ Act. Prom my recdmg of the TpplieS-1;rred to as independent of desigh :for Mr. BA'KER M7. Presid:nt'l move - Q. ble p*0vuton, the 1578 act dirreted the example. some kind of accident that to reconsider the vote -by which the .U'O agencies to take "every reasonable no one tnight eve
- uticipate and conf erence report was agreed to?
.Y. e f f ort" necessary to protect public therefore engineer safeguar:is against. Mr. STAFFORD. I move to lay that a '* - health. Implicit in that language is a The NRC might also want to consider motion on thelable.- T5 direction to exercise reasonable discre-what. if sny. demographte c:rcum-The motion to 2ay on the table was T' tion. Have the amendment dispelled stances 11vould be worthwhile to take agreed to. ~ .2 the misapprehension of the agencies into account in relation to capab!hties ' ~ j cn this point' such as warning, evacuation. or shel-JJ Mr. SlMPSON.1 say to my fine Wy-terms in order to enhance public OMNIBUS VIC IIMS PROTECTION cming colleague that in. my best esti-health and safety vis a vts such un. . ACT OF 1982 mate, they have. The statement of knoc: contingency. However it is ex-Mr. BAKER. Mr. President. a mes-1 mankgers clearly states that at is the pected that the Commission vill im-sage f rom the House onS. 2C0 is here agreement of the conferees that EPA plement its safety Toals to achieve and available for action. May I inquire. and NRC, in promulgating standards overall health ud safety.primarily by if the minority. leader As prepared to D 7 and regulations should exercise their, a combination of design. siting, and consider that ite n?" ^ 1. - best independent technical Judgments. planning considered tocether. Mr. ROBERT C.TTRD.fMr. Presi. ? The agencies should. determine the dent. this side is ready to proceed. 'i risks associated willinill tailings and Mr. BAKEP 24r.. President. J.ask the significance 'of those risks. They that the Chair lav before the Senate a should also eaamme rarious :regula-rnemre from the House.of Repre-Zory approaches.to deal-with signifi-sentatives on S. t.20.- ~ ~ f~ j ct.nt risks that are identified. Of The PRESI* JING -OFFICER. laid ~. course, we expect the approach ulti-before the St.nate the folloWLng 2nes-mately adopted to be reasonably relat-sage ! rom the. Bouse -of Representa-ed to the nsks in terms of. costs. In 4.ives; short. Congress has mot chrected any ae,oited. That the bill from the senate, rpecific regulatory program. On tech-ts 2420). enuued "An Act to protect netims nical issues relating to the regulation .cf crimes.".do pass oth ahe. folios.ns cf mill talhngs. EPA and NRC should amendmenta: both esercise reasonable judgment on ttrike out all aner the ewitne ^= ~ y[ 4, j the appropriate course to. accomplish g the basic purpose of -tne :act.-which is ~ prehensive % cum and Witness "Protecuon to protect the publte healt.h-andsafety. ard Aanstance Mcf 19e2*. -, ~ from unreasonable risks.- m... -- e u mm mm * '. * -- - hr.Mre-WAL14P. 2.thankJhe Senator tre.1.Parstraph <2Nrf rule 32(epot the r his clarification.1. too, am: pleased Federal Rules - of Criminal Prwedure -is i to support the conierence. agreement. - amended to read as !oDowe W - .~Mr. DOMENICI.The last-paragraph i .-( 2 ) _RrroaWe presentence creport ._:j of section 6 of the conference Teport shah mtam - C-e L. - J re.fers to the 1980 NRC Authonzation
- (A) any pnor <rtminal secord of ahe-de- -
Art is it,the. Senator's unde: standing tendant - that the act.- Public. Law S6-295, has % a statement of.the cruam-of , upired9 the commission of the'effense and carcum .Mr. SIMPSON. *Tha t Js rarrect. alnCe stances affecung thHefcadants Manon, I -- .? -l'tsauthorized. fund.s have~been a.ppro. % in! mau n unreminr anr + ann. done to cr ions suf fered bytny victim ot the prutni and spent.. effense: ande ' e' L~ . Air..DOMENICL ~The same para. gm,.nr other mformauon that may.aad gra pb expresses t he conietees'.surmort the cer.rt an sentencarc.". of a continued effort by theJNRC to nm.,c.no,, on.,c.rrus arm -..- now promigate demographic requirements ramenanon - for.r.iting. Whatls the intent of this? Sec. 3. ra) Chapter ~l3 ef utie 18 ef the Air..SIMPSON. The ~ Nuclear'Regula-United states code as amenoed by adorna st tory. Commission intends.to..promul-the end the iollos tng nes: sectionc ~- gate a nuclear safety goal in the near at 1512. Tampennt with a untness or an in. future. It s'so w1Il be refining and up. . dormant . - ~ ,.c dating radioactivity source terms relat-i 3.Whoever 4.nos-insly 'unes physx:a1 ing to nuclear power reactors. Settling - force or threateais another person, or at, these matters wfIl enable the Commis- - tur.pu to do so.. or ensases in mwendme sion to Jevise its existing regulations at is my further understanding conduct tow ards another persor. matn and issue new regulations for the that the provtsion in question ~1s en-Intent to-. better protection of the public health tended to reverse the holding of the -m Innueneeth'e testtmony of ant person .and..m.fety. Demographic. consider-Court. of Appeals for the District of I", Q* NN h en to-atinnt.are.Jogica'l.and necessars con-Columbia;in the case of ShollyJa. gainst ,c A) muithnesd.ansttmony..er.arithhold a alderations to take into accountJn this NRC. Thus. under this provision.Ibe record coeument.4ar. ether enJect.1 rom an .J., ... NRC vould.belperInitted to. issue E21, of ficia).proceedms:2.: rw 4 < process.. ~ . Mr/DOMENICLThe paragraph also cense, amendment 3riorJtoE.public. au, alter.4cationemulate.er conceal an ' makes reference to demographic re-hearing forthe type of activityxhich oblect uth intenuo Ampair the objects in. J quirements for Siting ihit.are inde. was the subject of that proceeding. As. te r anNW asse in an o!!icta] , [ 4 teemi p pendent of facihty design. What is suming the Commission Iltst, deter. P summ meaning of the reportln this respect?, mines that no significant. hazard,1s in-- per=on so appear 88 m *nness, or to kmN ' 'Mr. SIMPSON, It is expected -that. volved. Is that correct?...,. +. *T a enerd.,onaament. or other obWt. In an in order to achlete an acceptable jevel. Mr."SIMPSON:.Tes. that 4 cM. ofnesal proceeduw.or ~m bmoer. octan or prnent the communi. of health and safety, siting, design and correct.' m planning-features all will
- Ihe 'PRmIDING 07TICER._"The cat.on. to a tan enforcement of fner or sudge n
-addition.'-t.bere could -be! question-ts en agrectng to1.he cxinferq, af njted of informataon m. e .be . ~. ~ -health 1Lnd safety-cc nsiderations that ence reporg"* n or possible commis. s 9., i m.w .i.- sp".~ .,.[.i ' g . : m. x a n s.w =.- e g 0 ,t. y. :_ ..,. s... ; - j u. ~.--
.S 13292 CONGRESSIONA1. RECORD;-SENATE October.1,71331 " g th.t if he courts can be drprived cf safrty implicatirns^of an amendmrnt junsiction over thtt questi:n. they having irreversible consequInces, to ITRC regulations. In fact. It noted th t, can be deprived of jurisdiction over insure that only those amendments the NRC had already musidered costs -t-any question-freedom of worship, that clearly raise no significant haz-when it proposed its uranium mill tail. w ing regulations and found them ecoU civil rights, crim!ml law, anything. ards issues will take effect prior to a nomically feasible. -Q And in the long run that process can public hearing. cnly mean dert,uction -of our basic Mr. MITC m L I thank the Sena-The Statement of Managers also ts* nghts and our Federal system of gov. tor. I also understand the amendments clear that although the Federal agen.I to the Uranium Mill Tailings Radi-cies involved should continue to con'W ernment. The courts exist to apply the accu. ation Control Act, included in.the sider these costs, they need not carryM 1 mdated wisdom of 205 years-em. NRC authorization bill conference out a cost-benefit analysis nor shouldM bodied in our system of laws-to the report, differ significantly from those such considerations * "
- divert EPAF poht. cal judgments of the day, as adopted by the Senate.
or NRC frcm their principal focus of 2 l made by the elected Representatives Mr. HART. The Senator is correct. 32;egy,.ing _ d protect the public health and-E cf the people,.That blending cf long. The House. passed version of the NRC term judgments and short-term de. authorization bill for-ftscal years 1982 1 also - note that none -of these A-sires has been a key to the effective and 1983 did not contain any amend-amendments affects the Findings and i functioning of our system cf repre..ments to the Uranium Mill Tallings Purposes section of the Uranium Mill c sentative democracy. Although there Act. The provision in the conference Tafitnrs Act. - M are times when I am extremely frus. report differs from the Senate provi. Mr. MITCm1 I thank the Sena.' 2 trated ty Federal cou-t decisions. I am rien in an important respect.The tw-s:mply against r 1 king such a basic, Senate provision suspended the.NRC's 4 f undamental change in our system. final regulations for uraniumrJ11 tail. yrTL TAILING 1EGISIATION .I am certainly prepared to work with ings. promulgated October.3, 1980. Senator Pr*m and others in pushing until EPA issued its final standards for Mr. SCHMITT. Mr. President, our -< .for a constituticnal amendment to re-active uranium millsites under section. domestic uranium industry-is on-the conference report suspends these final. Mexico, is the Nation,M .s stcre prayer in the schools, as Presi.175 of the Atomic Energy Act. The verge of to al couapse. dent Reagan has proposed. What I will s most i=por not do is support a statu*w that seeks NRC regulations until January 1, tant uranium producer but it now has - ~. 'to restore school prayer by dismem. 1983. On that date, they become im. fewer operating uranium mfHe than oermg the court system. That is a bad mediately effective except for any two decades ago.. Thousands of miners, s means to a. good end..and J simply m -could not supportit. NRC regulation that first, is inconsist. cyed. New esloration has y ent with the. EPA standards, required _ e to be proposed October 3,1982, and. Thye are map-causes for this 6 0 ~ - ' ~ ' ' [. ' NRC AUTHORIZATION BIIr second, would also require a signifi. aster includmg the absence.cf a na. ~ -, Jdr. Iwm1 -Mr.-President, will cant commitment cr. action by the li tion's commitment to energy security.*"g the distinguished - rar* intr ;minonty censee. Although such a commitment One of the additional is the rapidly tn:Pr-2nember of the Subcommittee on Nu-or action could include financial obli. :crencine tide of low cost foreign urani -, - clear Regulation engage in a colloquy gations or expenditures, the conferees um. Indeed, almostellnew contractual W .. with me on theNRC authorization bill - vestiment".vould trigger the suspen... foreign 4upphers .'" 2 conference report? ^._# y -+ Mr. HART. I would be delighted-to sion of a particular NRC regulaticn.. -uranium companies aretven abutti g 4 Mr..MITCWTL 1s my unde 4 stand...down their operations in order-to.pur-M Sengage in-a. colloquy with-2ny good - ing correct, then, that this suspension.. chase low cost ~ foreign - ..% - friend from Mafne. - of the NRC regulations until January. meet their. contractual obligations.y in Mr. MHwaL-The portion of the-1,1983,-1s only for the purpose of sort-These developments pose a scrious and O ,2,5 statement of mannters die"W sec-ing cuttotential conflicts between the immediate threat -to-the continued %g 'f-tion-12 of<the report, the so-called NRC regulations and the EPA stand-surviv-J of our domestic. uranium.in.. ' + 7 nShally trovision,-rtresses that, in de-ards? dustry. Once mines and mllls are shut. ~1 ter-ining whether a p*opesed amend ~ Mr. HART. This Senator is absolute. down, it is unclear whether-they can ~ 1_ ~ m:.nt to a. facility operating license in-ly correct. ever be reopened. It will take as many-1 r -volves no significant hazards consider-Mr. MITCFt1 Is it also correct. as 10 years to bring new facilities on .ation. the Commtalon "should be es-then, that these amendments do not line. a' 1 pecially sensitive'* * . to. license samendments -that.have trreversible ness of the NRC's final regulations, prejudge the validity. or appropriate. is essential to our national security - -consequences.".Is my understandmg promulgated October 3.1980? and to our polley of energy independ ~ _ _ -- correct.that the statement means-the Mr. HART. That is correct The ence to assure the maintenance of a ~ 4< 1.,Commiexion'should take special care statement of innnagers underscored viable domestic uranium ~1ndustry/ in tvaluating, for possible hazardous the point that where legidative lan. Indeed, in 1964 Congress adopted leg. consioerations. amendments that in-guage directed the NRC and the EPA islation. codified in section 161(v) of - -- volve irreversible consequences? - to consider the risk to public health, the Atomic. Energy Act,specifically for 4 Mr. HART..The Senator's amder-safety, and the environment, the envi-this purpose. r, - T,- - vtanding is correct. As you know, this ronmental and economic costs of such , _ provision seeks to overrule theholding 1 standards or regulations, and such -2nake the Nation's domestic uran 2.voi thr U.S. Court of. Appeals.for.the~other factors as EPA or NRC, respec-Industry any less essential to our secu IDistrict of Columbia in Shelly against 'D Juclear Regulatory Comm f= ton. That tively, determine to be appropriate,".rity interests. To the contrary, we now '/% case. involved the venting of -radioso.Cthe surrent regulatory approach of -electrical energy
- '..tive krypton gas from the damaged the agencies."
2nost unwise to place ourselves at theI Three Mile Island Unit.2 reactor-an - The statement of manneers clearly -mercy of a handful of uranium export. M ,.3 -trrev;rsible action.. recognized that the NRC and EPA are - ing countries by undue dependence on M*i .;;....Asin this case, once the Commtwion already considering these factors in. foreign supplies. -This is particularly71iF; + has approved a.11 cense amendment, their regulatory procedures. I might the case since these countries pursueU and it has gone into effect It could also point out that the 10th Circuit documented policles to support their N.1 ," prove impossible to correct any over - Court of Appeals, in its decision in L own uranium industries and to assure F =. nsights of fact or. errors of Judgment. Kerr McGee Nuclear. Corp. against Ltheir own uranium supplies. ~ 7, Sherefore, the Comminion has an ob. - Nuclear Regulatory Comminion.C Recognizing the urgency of.this' situ'.. { - T. ligation, when -ee the health or upheld the legality and validity of the -ation, I cosponsored an amendment to * .w j' -
- s. '*'. '
Q ;'.~ ~ y ' ~
- _.d
_g ..Qt a:.$ g e. ', s ~-
p!' 4y Odober 1, JSr CONGRESSIONAL RECORD-SENATE S 13293 the NRC Reauthirination Act to gram pro &ed, they have revised the DEFERRAL OF CERTAIM BL*DGET g;t$i ) j ' adjust futttre imports of uranium to a hw to permit c:rtain-NRC and DOE AUTHORm -MESSAGE FROM I prel compatible with preservation of n actions in advance of final EPA stand-THE PRESIDENT-FM-184 - .q viable domesue industry and our vital ards. However, the language of the bill ll The PRESIDDIG OFPICER laid b r.ational security interesta. The con-and the statement of manasers makes before the Senate-the followmg mes-d9 ferees have modified the Senate pro-clear that the agencies are to coords-sage frem the President of the United N* posal in many particulars. However. nate their actions to minh back. kA States, together with accompanytng I they have incorporated requirements tr s me and churnmg For example, 3d.ll that DOE promulgate enteria to de-DOE should avoid remedial actions p,pe73. which, pursuant to the order WM f of January 30 19~5. was referred termine the industry's viability and predicated on those aspects of EPA in-jointly to the Committer on the that DOE make an annua' determina-active site standards which must be Budget, the Committee on Apprcpri-8 tion of viabihty. This will serve the im-changed in light of the ar%fnxtrative ations, the Committee on Pere:gn Re-W( } p:rtant f unction of prompt'cg !=ple-record and the Mill Taihngs Act as lations, the Co::.mittee on Agriculture. Ot \\ centation of section ICl(v). clarified by this legislation. - Nutntion, and Forestry, the Co=mit- ~ f# i The conietees also have adopted lan-Another fcature of the mill n"inr I tee on Commerce Science and Trans-guage providg for a moratanum on legislation reported by the conferees portation. the CEmmittee -on Armed ne7 contracts of up to I years if for-bears special mention. Although re-M i cign contractual commi.ments reach quiring NRC and EPA to weigh costs. $u Reso the C mm 37 % percent in any consecutive the conferees have deleted the provi-tee on Labor and Human Pesom ett e years. This moratorium, although sion in the Senate amendment rmthnr l Un e temport.ry, should provide the Depart-on NRC and EPA to consider all rele- . a,n j g ment of Com:nerce and the President vant factors. I understand that the y j w the time necessary to take appropriate conferees were conwrned that that To the Congress of the United Sfder i E F retion to protect the national security language might lead to unwarranted in accordance with the Impound-bef:.re it is too late-litigauon and unintended results. For ment Control Act of 1974. I herewith 81 p Mr. Presadent. I understand that example, that language might be in-report twenty deferrals of fiscal year there have been objecuons to this pro-terpreted to require or to permit the 1983 funds total.ng 1548,780.000. The QW nsion on grounds of free trade. I agencies to weigh not only actual haa. deferrah are prunarily routine in T heartily endorse the princ2ple of free ards but also psychological fac'ars as nature and do not, in most cases. I trade. However, we must recognse suggested in the recent Pane decision, affect program levels. l "- 3 l, that free trade is not an end unto The agencaes should develop res uire-The'def errals are for programs in in-itself but an interest which must be ments whose burdens are reasot ably ternational Development W =nca related to actual risks. and not to : tere.1he Departments of Agriculture..Com- }i hainneed against other important.in-s terests. Uranium is a unique resource fearoor concerns. mcme. Defense. Energy. Health and 'q A' H 'thich is parucularly important for na-Finam.- the legislation reaff rms Human Sernees. Interior.. State, o tional see nty - reasons. _The United that - agreement States inay-diverge Transportation. Treasury the District h States must take appropriateacuon to from impracticable Federal require of Columbia. the Pennsytrania Avenue ![ protect its vital interests in this ares. ments, and clarifies that no agreement-Development Corporation and the / I Some have also aMmoed this legisla-State program is automatically termi-Ranroad RetirementBoard. k ll ti*n on grounds of impact on consum-nated and that NRC may reassert ree-The details of each deferral are con- .k e o . s ers. I believe that the impact on ron-ulatory jurisdicuan -only atter notice tained in the attached reports. t sumers will be lavorable parucularly and a hearing before the five commh-RONALn REAcaM. -. I in the long-term, because the provision sioners as provided in subsection 274(j) Tnz Warrrr Houst. OctoberJ,1982. . of a stable long term supply of uran!
- of the Atomic Energy Act.
t j in question will assure the avnflahuity ~ The language adopted by the confer. q# 'j um and win mein the domesuc in ecs makes clear that there is no< dual MMAGES FROM THE EOUSE dustry.as a viable compeutor.mptnet f; reign suppliers. This is partacularly ' jurisdicuon under the Mill'Tatitnts Act. Mn1 tatitnn are regulated by a Iff Re N H d v
- =portant in view of policies pursued State as provided in section 274 or by
'i Mr' Gre-ory, one of its renrung clerks by f reign govert.ments to which. the Commmion, but not by multiple I h have already alluded, to support to authoriues. Moreover$at utle I sites the conferees l their own domesue uranium indus-have acknowledged t tnes-ence o he ee g o i th d are not regulated under Liue II and il Mr. President. I am also pleased to that NRC and agree:nent States may hn e-ame b 'N' t, e n( .R. 930) note that the conferees have adopted exempt sand backfuhng from land M language amending the MH1 Tamnn for 5 years.""* ""#' N** l $' ownership reguirements. Act to require NRC and EPA to weigh p 4 y the Wnificance of the risk.-arg 5 The message also announced that m with mul tauings and to develop regu. MESSAGES FROM THE the House agrees to the report of the I r latory requirements whose burdens PRESIDENT committee of conference on the disa-r I are reasonable related to the expected Messages from the President of the greetng votes of the two Houses on the L/ g benefits. As tne statement of mansf'- United States were communicated to amendment of the Senate to the bul (jL, ers indicates. this does not mean that the Senate by Mr.Saunders, one of his (H.R. 6976) to amend utie 28. United r cost. benefit analysis / optimization is secretartes. States Code. to require the Attorner Q 'q I; mandatory. However. it does.mean General to acx;uire and exchange in. s that agency 7tquirements must be rea. formation to assist Pederal. State, and n-EXECMT hmAGES local officials in the identification of ( f sonably-tailored.to 2neet Jdentiftshle hnzards and that if the ~hn.zanis are 7tEFERRED certain deceased individuals and in the u -*'.' f shcht. the burdens imposed by the As in executive session the ACTING locauon of missing persons (including p l regulations must be small as wen. This ParnmENT pro tempore laid before unemancipated persons). y4< should also lay to rest the position by the Senate menares from the Presi- -The message further annotmeed - C som2 agency officials that they are re-dent of the United States submitting that the House agrees to the amend. Il quired. under the preamble to the MH1 sundry nominations which were re-ments of the Senate to the bill (ILR. Tanings Act. to impose certain kinds ferred to the appropriate committees. 2035) to authortze certain employees ,t of controls on mnl tanings regardless (The nominations received today are of the U.S. Department of Agriculture J". of risk and regardless of cost. ~ printed at the end of the Senate pro-charged with the enforcement of
- q i
Because the conferees were anxious ceedmas.) animni Qua.rantine laws to carry fire- ,. arms forself protection. h' h that the DOE remedial. action pro-V >' i su i I ('S / N'l L o
J li. th j October 1,198f CONGRESSIONAL RECORD - Extendom (Remar6 . E 4Gn tii
- J L'
Th2 Dl:ndIr ieBowships provide the that are seldom found in the grneral NRC AUTHORIZATION BILL b basis for the pa-ticipation of teachIrs population. Moreover, asbestos has g and low to middle-mcome students in been linked with gastrointestmal, oro HON. RAY K0GOVSEK ~ the close-up prog am as well as provid. r l? ing the incentive for corporate gifts to pharyngesl and taryngeal cancer. q the close-up program. This latter pro-hir. Speaker, some of the statistics gram is an outstaning program in representmg the effects of asbestos e are discouraging. Since the beginning Eriday, OctoberLf 982 P; sc[ of World War IL over 27 mminn work-s n p p 7 o hir. KOGOVSEE. hir. Speaker, my I ler.?"r.g about the operation of the ers have been exposed to asbestos, and district encor: passes most of the ura. eral Governmen,* it is estimated that 50 percent of rd! nium resource r eas in Colorado. Un. rabestos -insulation workers die of fortunately, the uranium industry in iI to i s ade e*- on cancer. In addition, it has been con. my State. Uke that in other States, has high school students. Starting with cluded that asbestos workers who 'oeen caught in a devastating squeeze. t000 students in 19"3, almost 14.000 smoke have.an incidence of lung In partiet lar, it is faced with a flood of I students participated in the 1981-82 cancer 90 times greater than workers imported uranium offered at prices f ar i school year. Some 306 schools in 6 who smol e but are not exposed to as. below what it costs to produce urani. i, ' j areas of the country originally partici-bestos. um from dornestic resources. As a [; pSted whereas toda" *:,150 schools are Beyond the debilitating effects of as. result, domestic uranium prices have h act1\\ely engaged in the program from bestos related diseases, these victims pbim meted and now. stand at only 43 areas of the country. The adition. have been met with great difficulty in about 117 per pound. In the meantime, _ ji appropriate compensation. -costslo produce uranium domestically q( al authorination of $500,000 per year seeking 'the Federal Govunment nor viu permit the program to erpand to Neither the rem *v States so I urge my col-State governments provin: adequate m re m re nt Gore ent . leagues to vote for this Ir.ast beneficial ? legislation.e compensation for death or disabn!ty to" [ur asbestos victims. These persons are omesde ing rid ed forced to seek appropriate recourse with mine and mill closings. Thou. ASBESTOS TICTIMS OF AMPTIICA through legal remedies. However, this sands are unemployed. There is little DAY long and ardous process, many times. or no new exploration. This situation is simply intolerable places additional stress on the asbestos It is vital to-cur Nation's security and HON. LEON E..PANEITA :.. - vicum. with ut any measeable pro om.,,;. - ductive result in the end, our overall energy program town. ~. ' - - -, ATrvES Santa CruZ, Calif. will be celebrating tain and to assure a +11ble ' domestic - 'm mis notisz or rzPW I ... Isidcy, October.fi.!S82 Asbestos Victims of Amenca Day on uranium ineustry. I am there! ore ex. tremely pleased to see thatthe confer-- - -b; p "g. ie Mr. PANE'ITA. Mr. Speaker [, today,._ October 9,1982. This.is the -second ees have adopted language to enco O M year of this celebration. Appropriate age DOE and the President to take ap-O t-Iamfntroducings resolution to desig.- resolutions commemorat.ng this day propriate action to adjust enrichment
- I T
" nate October 9,1982, " Asbestos Vic. have been adopted at the local level. -y
- tims cf America Day *. This resolution Simnar. actions at the State level are and importation-of-foreign -uranium' d
, 5 seeks to provide Federal recognition to - being considered. Clearly, Federal rec. and to enhnnce the demandfor domes. ' J'- . th? mil!1ons of victims suffering from iognition.o! this day, and remgnHnr -the import provision lodged by.the ad. p( tic uranium. The principal objection to y asbestos rein ted diseases.7 h.----.- d n q.have become all toodammar_. priate and deserving. I urge the sup-inconsistent with free trade pohcie ,.e J '- with the harmful and terminni effects ' port of my colleagues for this resolu. cWnWbelieve-that-free: trade is n' - N' 'of asbestos related diseases.. Day after tion.Followingis the textof this reso
- good thing..Ilowever. trade fn energy - -*i.j
( iay, we read of more workers who are - 7 g .;f und to have been exposed to asbes. -.lution:" ~ resources, and in uranium in particf6 1 ."tos in their workplace, and how.this Mb lar, is anything but free. Tnder the t circumstances, the Nation must taxe exposure has disrupted their normal To desisnate October 9,1982, as "Asbestca g 1 appropnate steps to assure that it can and daily lives. Many productive and Vicums of Amenca Das. take care of its needs and protect its k' hard-working citizens have been Whereas, over M mtuson Americans work. national security interesta in this vital 1 - forced to seek early retirement -be - ins in industries since World War II have -energy resource. My chief encern is &cause the affliction of asbestos-related been exposed to asbestos; - - -that the provision does. not"go-dar ailments. Whereas 45 percent of all those hearny enough. I understand that DOE even -g Tha fact is that the recognition of exposed to asbestos may have sabestos relst. now has a drafL report indicating that l!P the harartis of asbestos to the human ed 111aesses; tnmediate action is required in order 1 ' health is not a recent phenomenon. In Whereas. So percent of sil asbestos vacums to preserve dornestic uranium produc. -J the first century, there were writings wiu die of cancer; tion capacity. I urge DOE and the ad. of a sickness of the lungs in workers Whereas. few states provide adequate minktration to take appropriate steps - whose occupation was the wearing of benefits for the death or cambuity due to in response to this legislation to assure [t asbestos into cloth..However, the asso-sabeswrelated disesmes the viability of our doemstic uranium ciation of asbestos with chronic respl. Whereas, asbestos victims have been industry. - -.W 4- '.I ratory tusease.had to.be rediscovered forced to meet.lesal remedies to aaruire J fn the modern era. A1 series of case re-. compa'aw and. .I am pleased that the'~ conferees 'have - l I reported language clarifying that EPA /i ports was followed by an epidemiologic whereasJanta crm. Caitfornia wul.offb..and NRC neither can impose arbicrary w 'V i study published in I.ondon in 1930, clany m=W the plisbt of the-munn ' requirements upon our domestic in. and the cancer producing potential of asbestos vsmmr ww, therefore, be it dustry nor can ahy away from careful asbestos was established in 1949 when h0* D
- 3'"81# **f * *" # analysis of the nature of the harmrd 3 report-was published describing an
- g'8 involved and the appropriate form of j
Cxcess of cancer -of the lung and pleurs among individuals dying fron) der 9. 382 heren demW ** Asbestos ' remedial action required. I am trou. asbestosis. It has been proven that Victims of America Day", a.nd the President bled by testimony-by. Dumerous ex. of the t) nit:d states is authortred and re-perts. including members of the among asbestos workers, there is, in addition to the risk of asbestosis, a cuired to tasue a prwimmation canins upon NCRP, criticizing basic assumptions f the people of the United States to observe. and approaches to mill taf Hnr1 identi. greatJy increased risk ?of 41eath from 1 auch day atta appropriate ceremanwa and lung eenmr and from pleural and pers. activities.e fled with NRC and EPA. I applaud the + fact that the conferees have affirmed toneal mesothelloma,..mm H-Mes ..~ ~.. _that although cost.benefi.t -optimiz. .. - z __ a
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am.= OctobhShb's-g, ~ E'46d CONGRESSIONAL RECORD - Exsmian cf Remarh hS a ttion/ analysis 13 not mandatory, the Lesher was repeatedly asked whether JPFNNSYLVANIA STATE SPORIs!?.* EPA rund NRC must assure that the or not irrmers are better off now than HALL OP FAME ^-sC - burdens imposed by their requtre. they were under the previous ni' mink. dWLC i mtat.s are commensurate with the :tration--one of President Reagan's fa-HON. GUS YATRON: d?.9T risks averted. This obviously means vorite campaign questions-he. could o,,,, _.f that insubstantial. hazards need not be not offer a positive response. ~ - u nIE norst or$EZTrJ:stmdrs addressed. I believe tha e clarifi-In a Jetter I recently -sent to some Fridcy, Octoberl. 2982..A.~s.a s cations shoujd assure the agencies farmers in my distnct, I said that ,g that they -have the nece"2*v flexibD-f armers are hurtmg. This week I got a e Mr. YATRON. Mr. Speaker EOh['2 ity to develop reasonable ap' responsi-letter back frcm one cf them, disagree-tober 30. five individuals from2h - ble regulations. We rdl recognize that ing with me. He said ** Farmer aren't Sixth Congressional District of PennF the primary duty of EPA and NRC is. hurting-they're broke.' Tbe Presi-sylva.rua will be inducted into the '- to protect the public hea.lth and the dent s promises of support for the Pennsyhania State Sports.Eaus envircnment. and we all certainly preservation of f amily fa- _s are going Fame. The ceremonies will take pG,ci - want that duty to be discharged in the to ring hollow this winter as famny in Ha:Jeton. Pa .- c J'Z' case of min tanings. Howeve*, this -is af ter f amuy wul face foreclosure. From Schuylkill County, Joe Bals:.{" i not, and cannot be, a blank check to We have given the President the eco-Jack Dolbin. BiHy Rogers, and.Thur --- tmpose unwarranted regulatory tequire-no=le package he asked for, but the man ** Tubby" Auen will -enter the.- ~ ments or excuse the agencies from econc=y continues to stagnate and ranks of the outstanding rdhletes.cf ' their duty to exercise their best tech-unemployment continues to rise. We the Cc=monwealth of Pennsylvania. t nicial judgment based upon a sound gave the. President his farm b1H. and From Berks County Ron E.nck.,an i . tactual record in evaluatmg the nsks have. lower prices and lower net all-State basketball star who led West;: 2 and in devising cost-effective and justi-income in return. We heard promises Readmg.High. School to three State ~ k fiable remedial actions-to aggressively expand agricultural ex-titles and then played at oneinnm s [i I also note that t.be conferees have ports. then saw a push insicad for only Un!versity will be inducted.m ~Dg + afhrmed that NRC is not empowered a short-term agreement with the William G. BIHy" Rogers is a"le I to dictate terms to States which regu-Soviet Union-1 ate their own mill mH9rs on pain of endary athlete in Schuylkill County. - ~ Farmers nM more than our words He is universany acchimed as one of' loss of their regulatory authority. The and our prom.ses. Farm groups across our foremost football players and T. am ndment clartiles that, agreement the country are orgnnt 'nr and uniting boxers. Mr. Rogers was a def ensive of-f. 7 " States may diverge from requirements to press Upor..us their-concerns and fensive.end with the 1932-36.StateT - which the States lind 1mpracticable plans for change. We need'to work champion Shenandoah Presidents.* hee with them in our distnets and work to-holds many. pass cateMnr records and ~ 1. and the statutory and report language .rdffrmx that no. dual regulatory ju-Fether here to turn the farm economy ~ also gained considerable recognitionaan i risdiction is intended.:-..-.. ~ - " and our countryaround.o - -u an - accomplished heavyweight-prize - G ' mI wish to expreakmy. appreciation to a fighter andelater esian-outstanding $1 4 ..W:- n i the rhnfrman of.the-conference com,g.w m,_ fights referee -and < judge.--His-mosti.r .c g,;. 2 a . mittee. Mr.UnA:.t., for.his good work in A TRIBUTE TO CPL. DAVID LEE memorable fight was with-then'AAU h I reporting these yltalmprovisions and 2 .-.. REAG AN,.USMC Heavyweight --Champion, '-Al 'SwDp,5 i- ,m, encourage allmy mileagues to support s -;... -._.~..: 'whom Bal defeated. An extreinely'ver--i t' th*:" ~ ~ - HON. G. WIulAM WHITEHURST - satue athlete Mr. Rogers also played 7 f ~ =~ i ~r.- - r.._. zu L= hasebau with the Mahnnoy.- Planer. ; ._c
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TARMERS ARE-NOT HURTINGa.: - flub. Enly Rogers 1s a.close personal!Q m m bouse or aErRm'mMES - friend and I believe he is most deserv-W - THEY ARE BROKE _ s g '1--:v.s i a. -. - ; 4. y. - ___ Friday, Ocf.ober.1 SE2 J ' ing of this prestigious awarda 7. h9% : -a F %. 4M.: lion
- PAUL 3IMON"-
e Mr.' winu.uunSr. 'Mr. SMker,' are also outstanding representativestf7he other athletes to t = ~ __f., CP D1D*3 all of us are saddened by the news of their sports. Joe Balsis is a world J-- L . In m aorst or arrn nrmTrvEs the deaLb of-Cpl. David I4.e.Regan champion bilhard player.-he-has won i 1 Friday, 0ctoberl.1982 and the injury of three other martnes many major tournaments Lnd is con-: h '-O Mr. SIMON. Mr. Sxaker, 2 years in Beirut yesterday. e sidered one of the g eatest of all times. ago,whDe campaigninginIowa for the I'It. is always tragie-when a young Jack Dolbin was one of the best-footi-~ . (ince he now holds. President Reagan man is struck down so early in. life. ball players ever to comeout of ~Potts-j delivered a speech scoring the agricul-and-yet we are incired by Corproal ville Illgh School. He went'on to star- ~ -tural programs of the Carter mMmink-Reagan's devotion to duty. He standa dom in college and the National Foot, tration and ' outlintng what ' his -own in line with thousands of marines who ball League as a player for.the' Denver goals would be. paid the supreme sacrifice for their Broncos. The late Tubby Allen was a i At the conclusion of that speech, he country. On a distant shore, among renowned high school football and made two promises. He promised that people who have known untold hot
- basketball coach, as well as an impor-the entire thrust of the 1981 farm bill Fors of death and destruction, Corpor-tant prof essional football coach.
would be to make farming profitable 1C Reagan came in the cause of peace. I know that my colleagues villiotn ~ aga!n and he promised that profit His death is a cruel twist of fate, for me in paying tribute to these fine athi.* - he fired no shot in anger, confronted letes on "the tmportant occasion oft r ~ ; -would be the keyword in his goal for-no Joe on the battlefield, yet his sacrl-their induction into the Pennsylvantf8
- Amedcan acMeulture.m, a
~ the measure of-theeprofit+the Pres!.' can -take-pride that they have tnen. State Sports CIvo years later. Y)et farm income. - fice is no less meantnrful -Amedcans "^ 4 # e,'C " =-.-- J dent promised-has dropped to its who. under any cimi-ances. are - * ='..
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lowest levels since the Depression. And willing to step forth in the name of . IMMIGRATION r?.WRGENCY_. ; f, + at 0 ver; instructive hearing on the peace, as.well as in conflict with our ACT. H.R. 3234. - i e state of the farm economy held by the enemies. -HON. BILL,McCOLLUM e %*. T J House Committee on Agriculturecarli. I take this occasjon.also to extend er this week, the entire panel of wit, my condolences to his family on their or hoam N ' YEY nesses, from independent economists grievous loss. This body can only share m Tur Housz or arrnnr rTArrvts-N 2 and analysts to Dr. Lesher rpenHng on their grief, while acknowledetng its rS ..Enday. 0ctober.1;1982 yQ., behalf of USDA. could noL-offer any gratttude for Corporn) Reagan's saen. G' .hopelthat the -f arm-situation ' looked fice.e. -- - '^ e Mr. McCOLLUM. lir. Speaker, the;p g. Any.better for next year. When Dr. : memory'of the Mariel boathit in theN., g- . - m.'_ig,;,:,.. a,. -.c Sh
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~ Octoberld.W,n. g.y] S 13208 CONGRESSIONALRECORDOaSENATE = :t.u -s --Mr.'. MARNER, :2 understand 9.*I -afrzid that-1f we<!o. net moverbeforehance.-the conferees. agreed tos apQ. o 4 - ' thank the Senator. - M m ~~~ we -finish -the continuing resolution.. ing trate st.the ent rate'ernug. our Mr..BARTR. : Mr..-Prestdent,- ~I..th;r2 -vel.be no-possibility.that the ' budget - request.. whichever.is. ao.eg. offict - - wonder.lf -the.rinority-leader would. House will not -act -on some-of.these which was the position cf the House,_ pore advise me as to whether.me m.ight measu.. es. So I hope he will not object This.will reduce 1oreign *+-4 f.tr. 7 delay a few minutes to seelf some of if at some point. I ask unannnous. con fundmg. below the level the-Senate _ Ser these items are. cleared or if -that sent for-a"brief time to-cicar.eertain woulo prefer, but only for 'the ttura..' Chd would seem not. worth the' investment iteens. - - tion of the resolution.. r-* 24r .of tune. ~ /Mr. ROBERT C. BYRD. All nght. " Por muitary conrtruction. the.od have ferees agreed to set the spending rat [ T .Mr. ROBERT C. BYRD. hertainly wan* to cooperate xith the ma.iority CONTINUING APPROPRIrl' IONS.' at the level provided in the conference? Sena agreement on that bal, filed yesterdaf I4? leader in every way.I can be~me he 1983-CONFERENCE REPORT. - in the House. instead of the " lower e! cod has been mon cooperative with the A m.5It forma MghaDy proposed by -the so9 a m r R. Mr. Press-minenty *Aroughout the year. a Teport of the committee of conier-Senate. Since the HUD-Independent *- [9d .Ihope.however, that we could get to .the continuing resomtint,21~, f. _ _ ence on. House Joint Resolution. 599 agencies bill was signed into law yes'F has I kn be shares that. hope-as soon and ask.for-its immediate considera. terday. It was dropped out of the Conk imp car.ssioNAL ItECoRD f entirely. 'Poh was 2 r. BA ~ es.M.Nesident. M -- The PRESIDING OFFICER. The report will-bestated. energy and water appropriations."they en 'Mr. ROBERT CJ BYRD. Because a The assistant leMstive clerk read conferees aceed to the Senate.Dosig-tin good many ~ Senators are waiting tion of current rate, and the legislative. sen aroun'hrF'R. Mr. Pr'es!' dent 'I sm as follows: Ince c'f conierence an the g bill, with Senate items included, wasa ~- -- -- -- - ~ . Mr. ~ -The e -m made eHecuvedor the fun year-.. y n told that a House message-on H.R. "zreeing votes-cf tbe two Eouses-en4be 3 ~ 3787 is here and approved for-action amendmenta of the Senate joint resolucon - These vere the principal results of,: ite cn both sides. Could Iinquire of-the GLJ. Res. 599) making contmuing appropd. the conference relative to speneingg t sh for the M1 year 1983. a.nd forstber rates. Rather Thnn attempt to' relate. a r . minority leader if he is prepared:10 purp ses, having met, after full and tree the conferees' action on each of thej; ~ proceed to that item at this. time? - CCderence. ht" acW to h"d 83d 100 amendments. I win. wait and re.' be _spond to Senah sucmc cum. ions [ M Mr ROBERT Cc BYRD. Till the " SenEtnr withhold for just a moment?. this port. ed b m y of e Mr. BAM'R. Yes. --- - ' - ierees.. .A as they arise.... it e confenes Am.ed the] 1 n ~ 'Dr. The PRESIDING OFFICER. Witb-- t. -ORDER OF BUSINESS u out objection, the Senate will proceed $ [ [ p*, $ f #
- U*Q Mr. BARER. Mr. President.-there isuto the consideration of the co,nferenee,. Senate _to. December'I7. ishich.la r.t the dest a conference. report.from report;.-- -.
FridayJI hope this willanow us sufHi? '( the House en the continuing resolu. (The conference report is printed in cient time to move regular hl eab 114 .Q.J.; tion,enr -appropriati ,,for the. the Ecuse proceedmgs of the Rscoan.- of aday. October 1.1982.F.<+m"' ygg3 g yg,,, g*Q -.". fiscal year 1933,is there not? = ' J Post. election' session.'-~ ~-- -" ~-Me. g e-1 .Mr. STENNIS.-Mr; Presidentc may - J4r. bm24S.1.fr. President,,may lir. Pr=M the military construe 3--' i.'we have order?w.m m r :. r .- we have order? - 1.~
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~% .-The PRESIDINGTOFFICER. The. 'The.PPminING OFFICER. The tion measure has already been passed.g 9 Senate vnl be in orderN "" Senatevill be in. order.1 C.%nr y so we have only 11 of the.13. bills to dog Mr. HATFIELD.34r. President.-the-during the lameduck session.m y a Mr..B AU9. Mr. President. I abould committee'of ? conference met ' yester.. J yield to my Aetinruished ranking;-; .d9 -- like-to rnake a statement be. fore I ask day on Ecuse Joint R~%ni5P9.? minority member,who has been astal-;[ ~- 5 -the Chnfr to lay-that.anessage before the continuing resolution for 11 scar wart in these rather -tedious days ind M the Senate.- 9 .. mt, c .s. t getting. this conference report -com d MdO M There are a number of.other Atems year 1983.!Even though' the tSenate ~ . leted.,lappreciate very nwh hisM ". CD-'that-are 'of urgent tnportance.and brought to the conferencel00 ame.;.. eweiose to elear. ments to.the mouse passed m.:ssurew rte : N b - w-*Nr su ac which2re. tan anee on both sides of-the aisle. I am. we were Able to complete our wortinF14r.PROZh! IRE. Mr.PresidentatheJ4 -- 1 l going to ask the Chatr in a 2noment to relatively short order.and reach an,ao..aonference: report we hw:-before 1zs h ceptable agreement. All 28 Senate con. today is a very compierpiece of legis.-q( lay before the Senate the conference ferees signed the conference report. lation, and the chairman of ourf ppro.- report on the continuing resolution. did not. That near.imanimous support. guished. Senator ;from Oregon tM and only 1 of the 21 House conferees priations Committee. the.' distin-L. butI hope the minority leader-will ac. commodate me.as.we proceed. and if HATTIm.D)-deserves !a. great Mical -Off',? w2 find that some of these itemt have is a demonstration 'that we havers been cleared on.both sides.,1 hope we sound product. We should deal with 1t credit.for handitne.50 or 60' amend-2 2 can lay aside the continuing resolution expeditiously-and send it enN the Inents on the Senate. floor and in con-.r] d; bate for a few moments to take care President to be signed into law.There ference over 22. hours. We would.havem of those items. ~ is no doubt in my mind that the Presi. been here into next wee.kg in my 7udg- ? Mr. ROBERT C. ETED; Mr. Presi. dent will do so. We have an official ment. If it were not for his expeditious. e ) l . <ient, would the majority leader in. statement of =AmNehation poucy in And fair h*"Mtn? of.all these amend-i: - dulge me to make 'a countersugges-djcating there is no objection to this : ments. e
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d.g -.. Lion? joint resolutinn as an interim spentitnr 1 recognize 'the" fact that'the coF en
- .. -. : *.=:-.-tinuing resolution does' not meet; an Gj T.*Y.
lMr. BAFT'TL Tesh "? " % ' ' measure.W.. - w., F-Y 'Mr. ROBERT C. 'BYRD. ~I' hat' 'we .So that we can inove.along quickly the problems that'have been created 12 proceed with the condmenr resolu. on this continuing resolution;I will-be by our inabirty to pass 1983 appropri M{ (. . tion..because several-Senators-have, brief *in summarizing :the.tna)orsac>. ations'bnis. This would have been tm P been waiting. and they are wondering t.lons of theconference. Onthe matter: possible/But I do'believe thaten ba# whether or not there wDI be a rollcall of defense spending. the conference. ance the conferees and the resolution' D vote. I suggest that we dispose of the agreed to alevel of 1228.7 billion.in ob-did about as good a job as they could $ ~ continuing resolution so that they can - ligational. authority, conskierably be expected to do -and hope we win 1 leave and not be kept asmmd.I will be more than the current level proponed move to pass the resolution quicklyso .) ~ as accommodating as I can bevith re. by the Bouse and only a few billion - that the normal operstions of the Ped-. 2 spect to the unanimouv. consent re.' dollars below the amount recornmend. eral Government can resume as soon' Y
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..~ % ed by the-committee in its reported as possible. W & e a?, - L. Mr. BAFTR. Mr. President. I under-version of the fiscal year 1983 defense We should recognize that it has beer 6 A stand the minority leaders v6ew. I.am appropriations btD.'On. foreign assist-almost/24 hours that the-seenetes<or' G y 7 ..n 7 3t "N t; g -s. } i ) i s Sw
~ s,. - 1 N G.... ,g TetobeW1SSS ' MCONGRESSIONAL'RECORDmSENATE. u - - 4 TJ209.
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i 9h -our Government have beerPritli'out" "The busineas of negotiating a strate. ~ Mr. STL" VINS: idr[Pr6sidebt.*1t is s" - ph j. 3 official funding. So we must move and gic -arms reduction treaty with the my opinion that the defense section of move f ast. Soviet Union is most serious. A review this continuing - resolution. provides M *- '.E;1' _ Mr. President. I yield tbe floor. " of our previous negotiations with the what I consider to be a workable Several Senators addressed The ~ Soviet Union indicates that the only agreement on 1983 fundmg rates. It is (!ji ( Chair. way to assure a successful conclusion f ar better than the severely restrained t C. _ Mr. STENNIS. Mr. President, may1 -is through a postu. e of strength and - rate originally proposed by the House h1 C have 2 minutes?. determination. In my opinion, the con-of Representatives, and it provides - HI y-The PRESIDING OFFICER. The.tinued delay in producing these mis-ample spending authority for the pro-f.! a Senator f rom Mississippi is recognized. siles can only be viewed from a per-gram expansion proposed by the Presi-g ]j _ j Mr. STINNIS. Mr. President, the spective of wea.kness and uncertainty dent. It is certainly not as good as en. conferees on House Joint Resolution and will seriously under= hie the acting a regult.r appropr'ation bill, but
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599, continuing appropriations for President's efforts to secure a mean-we have a commitment from the 4, '_ 1983, met 7esterday and agreement. ingful arms reduction. House of Representatives that they j $p-has been reached. There we e many ~ Some have argued that the delay of will return a week before Congress re-e important issues to be resolved, and it approximately 70 days in initiating honvenes and mark up the regular ap. A J f. cas essential to conclude the tonfer. production of the nussiles will not en- -propriation bill, and we are hopeful 31 3h; ence in a tunely' manner to insureton. danger the introduction to operational that we will be considering the full. bill .l 1 tmuation of funding -for ongoing es. capability GOC) date of.1986. Similar.for 1983-fiscal year by the-first week sential Gover= ment operations. ly, others have argued that it is im of December. j 3-1 pt-As in any conference committee,it is proper to initiate product'en of the I am confident that-this continuing necessary to agree with a number 1of missiles when a basing, mode has not resolution will. support effective pro-qA E-_ Tt-items during the negotiation process been selected. gram ' levels for the. Defense Depart-Ji that many members do not necessarily - L submit that a* potential delay in ment and. avoid most of the costly. ~- agne with. achieving the IOC date is very real. m m.w csruptions.smul-we can [ N item pardenlarly is worthy of and there is little logic to the latter ar-take up the regular. bill next Decem-nt being mentioned. The conference gument as we have to start the missile ber..
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[q repcrt speciucally prohibits availabH-production now to insure this avail. - We did find it necessary to accom-r 5-ity of funding for initial production of ability in 1986. The real impact is the modate the concerns of the conferees m -the MX intermntinental ballistic mis-weakening of the President's positiot' on the item just mentioned by the LU r p E s'le unul December 17,1982., _ when the START negotiations resume Senator frozn Mississippi, the MX mis-
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Members will recall that a-similar on October 6,1982.. - sile procuretnent, and one cf the two k-r.mendment.was tabled during Senate - N *u" may, Mr. Pmident, I believe nuclear. powered aircraft carriers. h.l 5 consideration-of the continuing resolu-the action of the conference comit-However, the funding limitation is ti g 8 S
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8P tion by a vote of 50 to46.w..S a only on new procurement of:the MX D-K I addressed the seriottsness.Inf *theU f c mpr mise must recommend issue at thattime,-and I believe it nec-[ that the cuierence report be adopted.ar.d on theseco 1 ber 17 without any Iurther condition. I essary to menuon once more-the po. o( wish to point that out M.:.m.n g e are ed 7 tentid. serious : consequences-of.the ' until-the annual appropriation"bEls '. c mmenth W - yy txmference provision relative to ciclay-ing the production of the NX micdle. are enacted. I sincerely hope that the Senator-from-Missimippicthat the I f -Senate.did vote-against-a toncept of ~ S. 2951, the ' Department of Defense - 1. t* starting the.amWhat we.have ' [ b - continuing resolution and a emf 1mr re-' Q be e p o to th end of appropriations bill,1983, includes- $g30 - ' m!111on to procure the initzal five MX strictive provision relative to the M. X the option of 'the JIouse of rRepre-y',h. f missues..In addition. 3158 million was R a us a and m e - j :l infune will not be required. g ' int.luded for. basing and support equip-a e n e e e not E p ment. These-funds tn support of:the "Mr' President lI yield the DoorMr President,' after a good diebsfe fenced the MX. We have mot ,s n a basing mode were Troperty ?? fenced" the MI.,'We have not taken action night -before -lastT* we voted by s by language in the Department of.De-margin of four votesTiot to put restric-cetrary to what h Senate did../ - ~ p fense Authorization Act, 1983, to insure that the funds were not com-tions on the amount of money that we We were f aced with the position d had in the bul for production of the from the Appropriations Committee in u mitted or obligated prior to a decision the other body thatthey had not had MX missile itself. 5 dar that it was a chance.to-review the.MX. procure-5 = -on long-term basing of the mittne by - The mntn reaso the President on Decernber 1,1982. right on the eve of resumption of the ment in the House of Representatives This country.has been working on negotiations that the President of the and that they wanted an opportunity the MX miune since 1974--a period of United States and his appointees:are to review it before they-agreed to our 8 years. It is a most important element c carrying on with reference to the pos-decision to fund it as is reported to the { of the Triad with the manned strate-sib!hty of achieving a meaningful arms Senate in our appropriation bill.- A st bomber and the submarine-limitation agreement. Now I am told that the Air Force W launched missue. There is little doubt I regret that we were unable to sus. has indicated this will not create any [ i concerning the capability of this mis-tain the Senate position fully in the-program slowdown on the MX. j tile or the improvement to our land-conference, but there are certain prob. The agreement on the carrier I i based ICBM force in terms of surviva-lems that the House conferees were think keeps " alive. the *two. carrier. l b bility and accuracy;The only question confronted with. This bill is for ap. ' option that will save Tnore-than-8750' _, it has baen the proper basing mode, and proximately a Wiay period only. So I m!Ilion in construction cost by assur- - this matter has been taken care of by yield in the interest of the problem of ing the continued long-lead time pro ' the authorization act-continuing the operations of the Gov. curement and initial production for I submit the action of the confer-ernment. I hope it can be resolved the first carrier. ~. M ~ ente committee could send an unfortu-within the 70 days. I regret that we Mr. President, there are some ques- ~ b nate signal to the Soviet Union at the ' have this cuestion mark attached to tions about wide-bodied transport pro-K terst possible time. The President is this highly important item at this curement, and I wish to acttle that. I 9. embarking on most important negotla-time. ~~ ' think the Senator from Georgia here b tions with the Soviet Union relative to Mr. President,I yleld the floor. .has asked me the Question, What is the need to constrain further increases Several Senators addressed the the situation on the C-SB and the B-1 "i y in nuclear arms. Strategic arms con-Chair. - - ~ ~ - which were suggested to be the !tems trcl is probably the rnost critical na-The PRESIDING - OFFICPR. The that were specifically.' stated ;1o'be tional security challenge today.- Senator frotn Alaska is recognized. - solved and not be subject to any go-1 -t / G
2; IS 13210 -CONGRMIONAL RECORD--SENATE OctoberL2A$ Octo c7 ~ ,ahIad on procure:nent.unt.D the end of _,I.strongly urge tha rupport.of this i v. this continuing resoladon or un*!I the condnumg resolution although.l have would, in fact be in crder_ong-upSI the smwrr rnte which.are broughti mom cdate that the new 1983 fiscal appropri-rather severe feehngs about any delay back in dtsagreement. I am not so sum ~ Thi . ation bill is enacted into IAW. in theEI, even a delay until Decem I am going to do that, andIsimpiy-caIt ' battli We rejected any stop on the C-5B.ber 1.7. this to the attention of the Senafnre the I and the.B-1 and the House of Repre-Several Senators addressed the from the 15 States involved and to asJti cpini sentatives has agreed with us that the Chair. .what they would like todo about thist prom only spedfic delay is on the cne. a:21 The a m. i!NG Ut11CER ~The er and on the MI procurement. Senator from Colorado is recognized. For my part. I have determined thati C'T* I call the attentics cf the Members Mr. ARMSTRONG. Mr. President. I Colorado will be able to receive thei Seni who wish to look at the rnanarers' note with dismay that the committee money notwithstandmg the action?cfC 5' a* report to the state:nent that is con-on conference was not able to sustain the conicrence committee. But legal' to tr tained en page 13 which reads as fol. a Senate amendment which I offered counsel advises that is not true for.all FT" _ lor ' 7 7 ; _.T. related to the community services of the States involved. At least one~ 50d 7he -rers were of the opinion that a. block grant program, and I fear that State has come.to _ my attentionM TO " more cc:::plete program hst of f=ndtng pro. the action of the conferees did not wm tM Su hM'Je h ace-EPEl himtions should not be incitrded, therefore.funy:take into account the. conse. I C# #
- D" cour
.anowms needed flexibmt, for both the T 1 Congress and the Execunte Brsnch. Howev* cuences for some 14 States that wfD. If 1981 reconcihation and has done so ln - er. the r-eneers d; rect the Depart:nent cf theTonference action is. sustained, be a way w n me, opinion of counsel Defense to consu:t with the-#proonsuon preempted. The States involved, and I willmake it impossible for them to re. rw ees of Congress on-any Smer oe-innte the attention of the Senators cerve money under eithersystem..That :
- *d.
cisons where there is a cuestion as to the from these" States because.1 expect is 1.he system outlined in the 1981 Reo.M th' ' prepnery of mm:=r, tith such funding therwill be hearing rather.promptly oncalation Act or.thesystem now con d 10 (unng the operauon of this continuing res-about it..are Arizona. Ohio. Georgia. tained in section 135 of1he.hal. lary ~- ohition. - ~_ ' Texas. Illinois West VirginiaJittnu. I seriouslyT oubt if it was the'inte6,- cam d "Mr. President.'it was' specifically T1. Wisconsin. Alabama. Pennsylvania. tion of the conferees to create.this i end geg agreed Mth regard to the C-5B and North catch 2': situauon. but for that m"'* Carolina. Washincton Ttah. l.cannot. understand-why-the-confee-e.- Q - those items that were funded in the Montana and of course Colorado. 1983 bH1 and whether-these new The background of it-is this"The ces would e desire to preempt.. thW Hei higher levels would be aDowed to-con. 1981
- Reconciliation Act instructed the States, overrule the action tf. thear ed t
-tinue."The C-5B would be permitted. States to. pass thronth t nmmunity Senate, which was not-controv* alm n give -in tmydudgment. snd-any other -ftem. services-bloc.i. W moneys;for-fieal the first place: _ g -. gn.m tz b,. yeg '-that was funded in 1982 would be able Jear.1983 to local pol:tical'3ubdivi. -So..Mr. President.let1nedust; stat ~ to continue at the newlevehubject to sions; that is, to counties and States. my own posidon. and then I leave.it to _-- mai the ~
- the reduction that.is prescribed,inthe Fifteen States which Ihave Just men.1he -decision.of other. Senators.aa.to3
- 4 enate-reported Defense b[ll.4 C rect -tioned haveInoved to comply with the what they would 11ka-to do.- 4M mW tam -t'There are many1tems;that.are cov-currentInw by submitting.Dlans to the Just,I think the Senate was rightln.3 thi4 ~ ' tred by thst. 'We-did not have a comi department which involves passing the the amendment we adopted. Sectmd T: . Oj p);telist of prohibitions.It is'my opin-money through to the political subdi-at some point in 11me..eithar tenightY Stal f-don that the wide body procurement of visions:Most of the pla"nM h been orthe next timewe havez continnhr.f ). the 747's ustnrmoneys-that were au-thel devoted 1o ' developing :these y1ans. resolution before us. I tntrnr1 to again
- law
. thm4mi mM appropriated in 1982 can Some--States passed, laws _ to provide introduce an. appropriate.nmem+ ment./4 me n SE ccntinue.and t hat-t ha only-thtnre tzn-various forzns of anahMnr.legislauon ' fortunately that did not come through pursuant to the ReconcDiation Act. Thirti.'.I have determined that my own #. cou State, whue it will be inconvenienced.h;; vidt
- ---was the decirirm of 2he Appropriations. ldr.-President, with that in mind; I win not lose any: money as a tesult;of '.i hi Committee cto accelerate.t. funding.of vas surprised when I1 earned that the - the acdon-of thexonferees.Tourth/l 2 thd
-the.R&IFon the C-17/That.issnew Appropriations Committee had report-am advised.by legal counsetthat other - } N m' ~ Meckir n_anc'.T. fortunately.-but-there ed in the continuing resolutjon section States are.not. soJorummie:rn+.C - yiel eis prior money-for the C I7 untH.we 135 of the continuing resolution which f act, win lose thenhh we - a N g;t the regular appropriations bills. reversed the decision of the RecoucHi-by the action ci the conferees. - woi I am hopeful that it will be the deci-ation Act and in dcing so brought to citn of Congress that the C-17 will be the floor a provision which clearly was If anybody wants to know:whethen.
- D Junded..But I wish the record to be. legislation on an appropriations obH1 or not his-State.is one of thoseawhich, -s E
~ /- cl;ar.thar whDe there is Tiothine in which was contrary to the authoriz.a-may.be in such rsitu.-NwFr wimm 8'l this bin that was stated specifically in tion statute which was opposed by the happy to consult with idm umstelyr A --- tha tonference report for the C-17, a+! ittration, was opposed by the Mr. SCHMI'IT addrmed the Chair"# 3 W MSIDINO1FFI thq .th;re-is the stated flexibliity I men-chairman of the authori-ing enmmft. Senator from New Mexico.,CER.1The ' '. tj:ned earlier. cer tee and was opposed by the rhhn Iinvite other members of the Appro-of the subcommittee. Mr. SCHMI'IT. It is my disappoint-cia me priations Committee to confirm it, and Therefore, I offered an amendment ment that the Senator's mm*Mment 3 E.11 .I r; mind the Sen.te that I opposed C-which said simply this, that this. pre. could not be sustained.by.1he Senate A grd .5B productien, but I wish to make sure emption contained in section I35 conferees. The House was absolutely th: in.the interest of fairness that every-would not be effective with respect io insistent that we recede.on that point i d one understands that. there is no re-those ' States which. had ' submitted and, as the Senator'knows,in any con'-?'*Q pa. spi s- - striction on the fimrbnr of the C-5B plans to the department. prior to the tinuing resolution if one body wants to '*T fut under this continuing resolution. Nor start of theIlsca! year in other~words..be absolutely in**mt. munf1r Jt: gets *.xn taf is there any restriction on spending rather ~than having the money pass its way.MQ 'i'yh,,%7Q 1 th? existing money for wide-bodied through as section 135 suggested for Now,1 would say though in response ' ' laj aircraf t procurement. Tha*.is not com-an States that at least those 'tfaret to the Senator's suggestion that there Fe pletely approved yet for the fun pur-which had complied with the. law may be some States that would not re. J ?' 00 chase of the wide bodied..Ilut I do would be permitted to go forward. '. ceive their iunds sa a result of existing. g di1 h!pe that that et s f rment in ' the ' For reasons wh!'h are almply, not c State law,it is my under*Mfna that Q ce RECORD wHI satisfy my good friend clear to me nt all the conference com_ other counsel believe lhat the. money Y l frcm Georgia and that there w!11 be no mittee did 120t go along with.the can in fact be passed to the Governor. th question as to the C-5B... _ Senate. amendment. My initial.dispost. so longas it passed through directly to.'M I say to the chairman if there are tion was to offer an amendment to the the. individual -community actjons n* d( any questions concerning our section'I conference report, and it is my under-agencies.and the Governor can adhere @ a2 sh*;H be happy to answer them.... standing that such.an. nmaMmet to whatever..requirementa:he crfahe ;7 E a er $. \\ ~ .....e
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= O-tober 1, JS82 CONGRESSIONAL RECORD- ;SENATrn WTyTP . g jegisl'.ture may set. M long as the establishbd o new system for:di:tcibut-bemg-done ar t amberbSt M rat m. 'l[ nonry is passed through. ing these block grants. A number of national Airport. q..- This is conceivably going to be a States.15 of them, went 1Llong with l wonder if the knunr-from-North. E 1; battle of lawyers on this tssue, b.:t it is that and moved to comply with the Dakota could crplain.to:the Semta ?h the subcommittee's, at lust, present law, and then at the lith hour and the intent of the confereer-tu includ-5 opnion that no State need run into a 59th trinute we turned around and ing this provision.in_ thee conference . :f problem so far as the funds are con. have preempted it. *> for pobey rea-report. j ji i cernid. One State, and I believe the sons at the right moment I am going Mr. ANDREWS. Mr. President. if M h-Senator has that in mind. does have a to offer an amendment. In the mean. the Senator vould yield, let me point ! b i' ~ g:stute that requires the money to go time. It would be ny hope that no out that, obviously, this provision was N E-to the counties. This statute would State is seriously in ocv-nienced or introduced as an tmend'nent by the h-preempt that. The Governor sull has its f unds cut oi!. aac the Senator's Senator from Missouri (Mr. Do- .T U ' could get the money. It
- culd have to assurance proved to be r. ell founded.
rom), with the intent that it vould C i go to the agencies, although he could Mr. SCEMUT. I appreciate the Sen. h W provide the Department of.Transpor-a; ply the same resir cuens as.the ator s comments. Yes; he is torrect tation with sufficient discretionary ! i counti.s might apply. that legal counsel are bound to argue funds to make an SIB mIIlion grant to N 4 : I would also remind the Senator with each other apparently, but the Lambert-SL Louis International-Air-L.. di N from Colorado that we wm revisit this. legislative counsel of the Senate feels assue on the regular bill, where I have very strongly that the language in this ~ The committee accepted the amend. k@dit port for modernization and expansion. made a comnutment.to my chairman, bill does preempt State law and that ment and in fact. It was the Senator f 4 [ the House, and everyone, we are going the money would flow to the Governor from Missouri who offered it-.We rect l to do something about.having.a regu.. and then to the individual comn-imtty ognized the importance.ofithe Lam-O]3h '_ lar bm cn the floor.cf the Senate. I action agencies.- bert project to our national air trans. ItE I cannot make a' commitment when the U that proves not to be thetase, and hd 'h I ~ senate works.its will.and the confer-even if it does, we will be lookmg.ar Wren sym.The minor " modifications 7n*to Ib E l ence then works its win t. hat the Presi..tlus very.hard in the result.r hill. The j eent win sign the bIII for Labor. Senator has brought it to our atten-Senator DaroRTn's or:gmallanguage i E M during the House-Senate ~ conference E E3 Health and Human Services and relat. tion, and we apprec2 ate that very c:r this bm in no way reflect any
- I-I ed agencies, but we are sure going to much, and we will resolve it one way change in the btent M pp di
- N h g:ve it a try.' or the other.. - - - Senator Darorm's prown mg ' ; 5 We can. If it' turns out in the inter. I would.also say -that. the Senator - bj tening time that the finaljudgment of. from New Mexico as the chairman of_.they are pe.rfect ng' amendments made' N' ' i = d the appropriate counsel, whoever they the subcommittee is equally concerned - ]pb [soakd$ I[hd may bc. is that certain States cannot about the pobey imphcations and the from Missouri. '3. .. receive this money we will certainly. pnmary reason we even address this The upgrading of T.nmNertidnSe[ - l . 1. ale that.into. account and do some.issucrith the 90-percent passthrough". l thing aboutTJ -?f1. ' - ' provisions in the Senate bill and then a ' national priority..It 1s fair 10 zay l .. Our current information is that no
- a. mended by the Senator from Colora-that the conferees recornbrd the_spe-I
-l cial circumstances ~ surronnt' ins'. the -~. State nced be. deprived of the money. ;do was because the States..for the dN Lambert expantinn and agreedithnt N there may be a' problem under State most part, had.not. been able to tse the.aranability of these new:discre-FI law cr because sf.the. preemption of"the fini year 1982 as the. transition - State law of going 'directly to the -period for which it was intended. and.Monar@ds win give. DOT th dm/ l EI co:mtie: ras the State lawinight. pro _ ' we felt that one 2nore year.cf-transi-ty to provide mnntnrful hela k . The PETRTnDqc. OFFICER'.502r-p ~ = vide. " -tion-and-it -turns out.in:this case.a Mr. AIhVSTRONG. Mr: President.-if couple. months more of transition-I* **#7
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- L O' P Jand we:memmothat this may be ron- *hso M we m4M WDo __,77# the Senator willTield to me-- .c ji Mr SCHMITT.*I wouldte happy to tinued in:1berregular. bill to include l yield -MNW 5 - - one more year of Transition-is impor w** ** A##Ptexchangedb h m m e. j [ ~ Mr."APMSTRONG--Iborder if he tant to-mn sure.the. States are funy ~ e DO*"' *"^ ^-- ** could tell'us who-the legal counsel is prepared to. assume the respons!bihty
- y lp g'
- ho has given this assurance?
previously exercised.by the Federal f 6. E Mr. SCHMITT. The legislattve coun-Government- ' Mr. ANDREWS. I thanktheChair.., ,,e e Mr..ARMSTRONG..Mr. President..I IL.is fair to say. Mr. President that : 4
- sel, s..e + ' e e. _. -
Mr. ARMSTRONG:'Mr~ President. I thank the Senato and I appreciate his.the.conierees recognized the -special am reassured to know that and. for interest in the problem and I trust we circumstances surrounding the ' Lam- - z - the record, let me just state the -con-can work it.nur at.an appropriate bert expansion and agreed that the L_ p cern trhich I have expressed cornes to -moment u..-n. 2 . availability of these Tiew discret.ionary. Jl 2 - me from Don Heirch. who is the asso-Mr. SCHMITT. I have all the confi. funds put in by Senator DawroRTn's M(.} cr.te general counsel for legislation in dence in the world we can' work it out. amendment will give DOT the ability EHS. Lawyers make a living t:y disa. Mr. DANFORTH. Mr. President. I to provide mea.ningful help to Lambert ,r.p that one or more States. I know of one distinguished Senator from North largest airport improvement project in - h greeing, but it-is my understanding - would like to address an inquiry to the officials in finishing this project-the t Dassed a statute-sartng that these ' man of the Transportation.Subcom. -ble. g% y] 8Pecifically-and maybe -others, have Dakota (Mr. Annarws) who is. chair-the Nation--as expedJtiously as possi- ,q funcs have 4o be distributed in a cer. - mittee of the Appropriations Crrnmit.. Mr. DANFORTIL Tthantihe Sena - Q tain Cay. s w - - ~ - tee...... m ..; - r -tor from. North Dakota for his expla - 3N' I do not se'eNmyself ;I ar6 not' a-As the Senator knows.-we included-naten..
- * %.e -
+ ~ lawyer, but I do not see myself-how h in the bill here in the Senate a provi. Mr. MATHIAS addressed the Chair. - T1 ' hderal statute 'can preempt that sion relating to ADAP. and the thrust The PRESIDING OFFICER. The l oth r than to simply establish the con. of.the provision was to make things Senator from Maryland. ni > dations under wiuch a grant may be re. that were unused or specific purposes Mr. MATHIAS. Mr; PrMM f arn Ceiv:d. under the ADAPTrogram available to wondering if the manaaeryof ttereso-. a-So it does appear to me that at least the Secretary of transportation for his lution would yield for a cuestion. - ' thrre is a potential catch 22... discretinary iund. It was the purpose Mr. HATFrf'T.n. Mr. President;I am i My initial interest.in this, however,. of the Senator from Mtmuri in offer. happy to respond. - a ' ) does not arise from the legal considera.ing-this amendment to make arnfishic ' Mr. MAIM Mrf FME. I I I P ations but irom a poucy issue. We some-further discretionary funds for havenotcwen a copy of-tix M_ i. P Wely in the 1981 Recond11ation.Act use in -the construction work now repcrt. I am sdvir.ed they uremot avail- , r. - 7@, t. ,rt v ]
S 13212 CONGRESSIONAL RECORD eSENATE . Octo5d l, # c.ble. But I am told that the conferees judgment unless there is some proce. bill we could take up in the lameduc receaed to the amendment of the Sen. dure for execution.
- session.
M r.:or from Alaska (Mr. Sirvos). which The PRESIDING OFFICFR. Could Mr. STn' ENS. May we have order?Y deleted the garnishment provision for we please have Quiet in the Chamber? Federal employees' pay. I am wonder. There are innumerable conversations The PRESIDING OFFICER. ' TIM ing if the managers could advise the taking place. Will those conversations Senator s point is well taken. lt is veryj. i Senator whether or not that is accu. please take place in the cloakroom? It difficult for those participating and. l rate. . is very difficult to hear the colloquy. others in the Chamber to hear. W111% Mr. HATFM. That is correct. I - Would those Senators who are con-the sta!! in the back of the room andY i woula say to the Senator from Mary, versing please move to the cloakroom? others desist in the talking and repairE { 1anc. This is an impor ant colloquy in which to the clottroom if they wish to cont verse? Mr. MATHIAS. U hderal pay can both Senatcrs and others are interest- ]' be garnished, can the managers tell us ed. u. 2 The Senator from Alaska. 'E Mr. STEVENS. Mr. President. I have% unoer what conditions they could be - Mr. HATFIELD. Let me say to the -been directed. because of the initialE garnished? Senator, we are on a continuing reso-Mr. HATFIELD.- Mr.- President.-let dution that has a life expectancy -of language of this amendment that saysy me refer to page 24 of the bill,line 21. - December 17. The regular TreasurF notwithstanding any other pronsion h as determined by a court of the United appropriation bill will give us an op-of the joint resolution, which would ? States in an action or su:t brought against portunity at that point to drllne'that include the. provision that sets the I ruch employee by the United States, the, more clearly without any question re-date. to say that this language could.M amount of the indebtedness may be coDeck rm er But I do believe thatwecan then. extend beyond December 15.and % ed in monthly installments, or at officia21T say at this point that the number of it anakes it' imperative that we either-2 judgments that might be rendered in correct in the regular appropriations 4 deo in e am unts fro t bill or indhe next contihine resolu.,5{ current pay account of the individual. The this period-of Ume between now and tion. occucuans mar be made.only from basic December 15 or 17 would be probably 7 pay, spectal pay. incenuve pay..or in the very impmbable or very few. But let I will stati to my friend from Mary M land that, as chairman of the Subcom O m.se of an tsdatdual not enuued to baste -me indicate that what'we want to..mittee on Civ pay. other authorized pay. Couection shall make clear is that this would have to be made over a penod not greater than the - - anticcated penod of e=ployment. : be rendered by an action af ter a hear-Services. I will ask my staff to prepare - ing by amurt of law and thereby set an amendment to restore the same ".. Mr. MATHIAS.;Mr.. President. I am.that court 1nto a inediating or-a judg-protections for Government employ - wondering if the managers can tell us. - mentrole rather than this being deter-ees that exist throughout the econo S can a Federal worker's pay be garnish -~ mined purely by the -employing - au-my with Tegard to' debts owed to em8'5 ,.eed if a judgment is rendered against. g....htm in some lower court.Jr. does.it,fhority.% 4 ;
- 4. >.
-h.j - -' ployees in general. g Mr..MATHIAS.:My, concern.here is : As.I. understand it the House.has$ l .have to be carried through to appeal..that.there is no brovision for anytind acted on it and the item has been re-U e,s..and. final judgment ty the ultimately of.a. garnishing proceeding.or-execut stored with the original' House amend!" court of appeals. ultimatley by the Su. ing on the judgmentin which the em : ment. It is not in disagreement withW .preme Court? v.,..n. " _.. ployeevould even havenotice that his the.Hotise.*but they.have refused toD l c- .. From that the T>enator has read. I accept the amendment of the Senate!."W paywas about to be dockedT ?.c*'-" 4 ' Is mat correct? "-Q- "would assume that the'. minute a judg-Mr. ErmTNS: W11] the. Senator -~ ... Y.9 6 gy, ggg A cob ment vas obtained.-someone ~ in the.yleld? G. ?. / ~ ; W" M - '. j in i+_ j-' Government.-it is not quite clear who,~ i Mr.'MATHIAS. Surely.-c irc." Ei W SenawImm AWq -but someone f muld simply sendi an. ' Mr.-STEVENS. Mr. President.jt was and W SenaW imm %1and P
- C rder down-to the paymaster of that 'my-rAmendment that - deleted -the. sah MM maueM k ur@A, _;
o H 7
- particular employee's. shop and say,9 House provision that origtnn% started priority in our committee session..
.m
- U A.$.r,. -. Cut off his water." U
- -* "Mrl HAT 1*1F'1n. I think the Senitor IIouse-would suede to -that-retviest. As a me I this : concept. -And we had hoped.the Mr. MATHIAS. I ihank the Senator. -..E is probably torrect.-If there is a judg. that we approach this in a different committee..I will keep in mind his en --T ment rendered, until that judgment is manner, because it appears to place on thusias*Je support. As this resolution - either appealed or not appealed it Government employees. because of stands, there is a denial of due process -. u.-.c h.# would be very difficult to make a blan-their employer. the Pederal Govern-to a substantial number of American s,. ket prediction oi:what vould happen. ' ment, a different relationship -than citizens. I think that is a situ -c + - Mr.- MATHIAS. Suppose it was-on employers in the private sector or non-needs to be rectified.. 9-s. appea!? e * " - Government. sector would-have s on Mr. HATFTMn May we say.that. 9 Mr. HATFTFin. But once a jude ' theiremployers. And it gives the Fed..for-at least whatever role legislativem ment was rtr.dered by a court. I would eral Government, as an employer, an history might play, we want to make ~ imagine that the employing authority, extra advantage, you might say, over certain that it is not the intent of the - if that judgment by that lower court is any debt that is owed by the employee committee or the conference to do on appeal, would withhold any action to withhold from wages. _.- -- that which the Senator has raised. I until that appeal is' settled. I-think it It has to be under a decision of the think with appropriate language it can I. would be a matter of just the reasen-district court but it does seem that be taken care of anti nailed down. ...able men doctrine applying there. ought to come about as a result of an Mr..A1ATHIAS. IL.zhould be nailed.;4 f' . Mr. MATHIAS. I think the Senator overall statute dealingvith debt owed - down. There is no reason why honest - G from Oregon is a* reasonable man. I to the Federal Government and not mistakes &hould not be corrected but it ?,} .'r'- think it is..important he say that in just in ^ the particular case cf debt should be done in accordance with.thed X "" this proceeding because that is not - owed to the Federal Government by established procedures of law,
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what the resolution :.ays. The resolu-crnployees. The PRESIDING OFFICER. The.! V tion says if.a court renders a judg. But the House refused to accede. I Senator fmm New Af exico. - -7 ment. f do agree with the chairman. Again. I manzerson or tur rramant amman; W Mr. HATCH. I think the background see nothing in this that makes it per, ascamorwo Amanurnt a so a.J cf this is we wanted it to be an action manent law. It is governed by the con. Mr. SCHMITT. Mr. President.
- a i e by the court, af ter : sn. appropriate.tinuing resolution date, is-it not? Is. statement by the distinguished Sena-hearing ratherdhansby en arbitrary this mntinuinglaw?.
1 tor from Kansas. Mr. DotI. was inad.- ;. .. action by. say. an agencydirector. - . Mr. -MATHIAS.y As /the"Eenator. would say to the Senator-from Alaska.Mr. JIATFrnn. No, it.is not, I: vertently.o ~, Wednesday.. September 29,1982. .- lj knowa. you do not normally execute We do have the opportunity to super.. The statement.4which is being sub en a judgment or attempt to. levy on a sedeithis action by.the. m-e of a.mitted again today for printing in the - eM ~ -i
1 October 1,7SSf. ' CONGRESSIONAL RECORD-SENATE. i 33 3213 precap. d;als with ami.ndment =7
- g0. related to a provisiin in the con-NoJ transportation of
- coal 2nd for other thPUnited' States with a cohtrent cnd fe;
- .cng resclution. The.. amendment commerce. Construction en the Weir. adequate foreign a.ssistance policy.
ton.SteubenviUe and East Huntington Let me detail a few of the results of ~ renectned the payment cf prior years Bridges as well as flood contrcl proJ-the House ins:stence o c;s:ms under the Social Security Act ects on the Tug Fork will continue t g programs. under this resolution. The Elkins Funds fer UNICIF-programs help-pr-I ask tnetmous consent that the ing women a.nd children-Will be cut g 3:stement of the Senator from Kansas weather station and the Cardmal pas-by 37 percent. .g oe prmted in full, and made a part of senger train are among other items which are supported. The resolution The United Nations Development he-the permanent RECORD of Wednesday, also insures that operations in the Progmn-probably the prima.ry (p september 29.1982. Monongahela National Forest,and Unjted Nations program of interest to g7 hc PRESIDING OFFICER. With-Harpers Ferry National Histor cr.1 the United States-wnl be cut by 17 g. cu: cbjection, it is so ordered. percent. The correct statement follows: Part. includmg the pohee force, w!D 4 Mr. DOLE. Mr. President, the Sena-be maintained at current levels-American schools nd hospitals - p~. ter frorn Kmtas wishes to express his
- I am pleased to note inat this resolu-abroad program-of interest to many' sugport for the con: promise worked tion also contains language requirmg Members-Mll be cut by 63 percent.
foreign steel imported.tnto the Umted The $50 million that would have out with respect to payment of prior
- States to have an export license or been made available for Lebanon re-
~ y year claims under the Social Secudty stmHat documentation from the pro-construction and rehab111.ation is out Act programs. .~ duemg nation. This provision will compjegg)y'e Corps, which for 20 y
- pr The agreement [which prohibits pay-The Peac ments for these claims durmg fiscal permit closer monitorms and enforce-M-
year 1983, does not in any way at-ment of trade agreements by the U.S. has received bipa.Mitan conservative Government. - and liberal support, will be cut by 7 $Y tempt to prejudice the pending court' This joint resolution, which the Con-E'
- [e cases, nor does it attempt to change gress as sending sto the President tem an Foundah'a the policy set by the Senate Pmance M
Committee, and the Senate in 1979. today, will continue all of theseimpor-um Couressd pdaW the d Nor does it question the validity of the tant matters until December 17,1982. s de & vel AmeM as ance C claims. While recocni-tng the concern The Congress will return in November pr gram we fund, wil! be cut by 12 7 of the Department of. Health and to resume work on the ra** ap-E"C'U*' M dl Euman Services and the concern of propriation measures.~ N mary assistance pmgrams, Mr. KASTEN.Mr. President, the go ng to such countries as Greece Por-the Appropriations. Committee regard-conference agreement as it affects for. Wal, Spain, Mey,Judan. Yemen. 'E5 ing the expenditure of funds this Sen-- eign assistince can only be described hb lstael. Norocco Puhn, D. k'm ator does not wish to prohibit the an an irresponsible action necessitat-beta. Send me SMan Zatre, the m States from reaWy the12ayments in ed by the intranstgence of the other Phihppines-will be cut by Fr-the future for les2m='~=+ "t if the boer,'and the pressures of time with k courts so find.7m 5 ~ ;* -rW -
- And the '"" ^82in *ndtem
$nu This compromiseleaves thetiecision. the beg'nnty of the new meni year. - vith wide biparttun and philosophical sq The _ Senate conierees, whDe we 2e-suppet, will be cut by 13 percent. with respect to scheduling.cf outyear ceded to the House position on foreign mmrrr suces mm cmr. m payments, if they are to be mnAe,4o. e+==. did so only because we were Mr. DENTON. :Mr. President, as the Senate Fms w Commf *W. This is runnine up.against the denmine, and chairman of the Aging.-Pamilytand reasonable gir_a c.zr responsibihty for because we were dealing with a situa. tionamong the. House conferees where Human Services Subcommittee, which these progri ns c ~ -. c m- :- dent, once again we are faced with theMr. ROBERT-C.'BYRD.'Mr. Presi.there was no inclinntion j The overall eHect of this action is that Colorado in expresdng siimmy at the necessity of passing a joint resolution to continue the operation.of the Fed-ing resolution is $2.2 h!Ilion below 1heforeign assistance under eral Government. Only one appropri-
- r. tion bill, the HUD-independent agen-current. level._The Senate conferees continuing resolution,'which States about the-disbursement; of
!Fy cies for fiscal year 1983,-vtich -in-werefaced with arguments the equiva. CSBG money, a: lent cf which are 2+2=5, and night js My colleagues may recall-that the rd cludes funding for veterans programs, day, Somehow the House saw the Senate Appropriatio if has been sent to the President rc this y, time. Without this cont +nn+nt resolu-Senate position, which totaled $11.152 added language to the cristnal House hHlion as an increase in foreign aid, resolution mandating that States pass
- y tion, the functions of.all those agen-despite the fact that the current level 90 percent of their CSBG allotment to
,Tv cles not funded in the HUD bill would is St2 bElian. terminate on September 30,1982. We We were also faced with arguments agencies for fiscal year 1983. This is already existing Community-Action c witnessed the disruption that such a against the Senate position on the absolutely contrary to 3 ter:rdnation can cause last November basis of legislation currently before language for the C.9G -N' Then the President vetoed the con-the Senate Pmance Committee and in the Budget heconcu tinuing resciution and temporarily the House Ways and Means Commit. passed last' year, whic closed Government oUices. That dis-tee, completely irrelevant to either the ru; tion in sernce to-the American House or the Senate continuing reso-Smtes to pass money don 2 to political people was neither efficient nor practi. lutions. Unfortunately, we have faced 9 visions (counties and cities) in it cal I sincerely hope that such a situa-similar situations in the past, althoughof legislating on an appropriations 1 year 1983. I object to this prac-tien will not be repeated this year.. &k Passage of this continuing resolution this time seemed tor be worse, and it becat se it usurps' the responsibDJ. k wtU permit the ongoing operations of does not bode well for the future of ty of the authorizing committee and k many programs which are important U.S.-foreign policy, especially as it is ' undermines the intent of' block grant-reflected in the very important foreign legislation.- P' .~ y to the people of West Virginia. This -S ,ne p resolution provides continued funding assistance and related programs ap. As Senator ARMSTRoNo points out, Ier rural housing loans, social security propriations b!11. m several States, including Colorado, Myments, black lung benefits, and as-UntB rational and reasonable forces drafted plans that conform to the rec. take control on.this issue b the onciliation statute. Some States eve t-Ettnce to unemployed workers as House. I am afraid we will be in for passed laws that gov SeU as jobs for older Americans. The further editions of what happened resclution also continues operations of rnent of the blocl. grant funds. Many the locks and dams on the Mononga-yesterday. My very distinguished rank-hela. Ohio, and Kanawha Rivers, a ing member, the senior Senator from of thew plans and laws would be F Intem of waterways essential to the Hawall, and 'I will continue in a bi-turned by this 11th hour change, and - F all the money spent for the months of partisan manner to try and provide planning completely wasted. - 1e ~ c !1 / e e
g S 13214-CONGR5SSIONAL RECORD :-SENATE f 0deber 1,1pfA ~ ? 4 Senator Aausnonc and I proposed last y:ar's totals but are non ..GORTON. Mr. PresidentW ! 3 subject Mr. cn Wednesday what wr bebeved. and to a pennanent appropriation. we apparently the entire Senate believed, would still be '$75 million under the would like to make special note of itt" j ed more. tune to States that are not President's request. And costs of the amendment to the continuing reso was an equitable compromise. It grant. tion which was offered by my distiip legulative branch would nse only $6 guished colleagJe from Idaho. Senator" cuite ready to assume control of the milhon from last itscal year to this-McC:fRI on behalf of himself. Sena2 ' block grant, while at the same time. al-less than one one-hundredth of 1 per. tor IInru.o. Senator Sassa. Sent i lowing those States that have drafted cent. - plans to proceed with implementation Acasos, and myself, and which was; w:thout delay. The amendment passed Mr. Speaker, the Senate has borne retained in the conference report tot by m'mous consent, and Senator its share of the effort to hold down the continuing resolution. This". Scm, chairman of the WS Appro-Federal spendmg. Of the 17 accounts amendment prohibits the funding of-
- rict
- ens Cc+ttee stated his sup-which fund the salaries of Senate ern. an administration study of the hydro.U L
port for it. No Sena*.or objected to the plo> ees. It were held to the 1952 lesel, electne power pricing pohcies of the amendment..and.for good reas:m. It inch ding supplementals. I want to ex. Federal power marketing ra'%E.i i addresses the concerns of States that press my appreciauon to these othecs tions. W have not had expenencewith a%in for thetr eooperation.. " ~,I was stunned to learn of this studd ter=g the block grant, and it does not While I-am pleased uith the spend. through the press. The proposal beingE renaltze those States.like Colorado ing totals of the legislative branch for studied would alter the congressional.'[ and Utah that labored long and hard fiscal year 1983. I am unhappy with ly mandated policy of marketing Fed. OMnform 2 Feh law, the funding mechanism. For this con. eral hydroelectne power e.t cost..It . President, it appears that the & tinuing resolution f unds the legislative would shift this pobey to a market : instatement of the restrictive language branch for the entire fiscal year. As a price method of pncing..The.long es.4 result, for the fourth year in a row! cost has been reaffirmed several will preclude at least one State. Mon-there will not be a regular appropri 2m. from receiving CSBG funds be. W ation bill enacted for the legislative by Congress. and it has never be on of ney to unties. The branch. - During that' hiatus, every intention of Congress to change this State will not receive any money tmtil other one of the 13 regular appropri. PC Cy. the State legislature enacts conform. stion bills has been enacted _at least The idea of raising revenues for the [,f,a d me poveny com. once, most of them every year.'In the - Federal Government by transforming " 4 years since we have had a regular Federal power marketing administra. 3 Mr. President, thlis is an example of bill for the legislative branch, twice it. Uons into profitmdfnr organhtions; what happens when the' Congress has not been brought to the House. is foohsh and completely contrary to - abruptly changes -course-at-the-last hw, once R passd me huse M was & mh@ Wh 4 = Onmss& ~ moment possible. This provision hasA reported by me Senate Commy W h emW swutmy pdeing & . not had the benefit of close scrutiny tee, and once the bill was actually de. rectives. Such a shif t in pricing meth., c ' I' Y. '. with the result that many States havy. Ieated on theRouse floor.,. od wouldhe a N. mph ch inJ been pennif ad for-their;bardawork ' Clearly,TMr." President 'thereis a, the _ Northwest. Mr. State'.is suffering feeling that we are better off not fore-. from unemployment rates.as high as$ ~
- and at least one-State.has been shut i-. out completely byxirtue.of complying ing Members to vote on their own ap. 30. percent in some places, and has al. q with the authorization statute.;; -1 ~ propriations. But.I feel we cheat the ready been subject to recent large rate : 9 e s-r T-1
.I emphasize again-that -the Arm. Amencan. people when we take'theI.from an enactment of the propo . strong amendment, which mirnificant-easy way out, and do not face up ly ahered the -onginal..Senateelan., squarely to 'this g issue. Whiler.the under study would belntolerable m: / guage. passed-by unanimous consent; Senate receded to the House in allow. .I.am.overwh*1mf nViv epleased thatg ~' To drop this amendment in conference ing full year fund!ng on this resolu..the amendment -offered by my 4:01.3 .N' 1. binds the Senate to-the very language Lion. I would like to call to the atten,. league and friend from Idaho.has re43 that was.rer.udiated sby. this body en Uon of.this Chamber the language mained in 2e conference report to the: Wednesday.: This makes :no sense used in the conierence report son' mntinuing resolution and I.wouldlike. q _2 wh n.tRaewr. m. House Joint' Resolution 599. Regard, to extend my. deepest thanh to Stna.% .r. c, .By dropplag-Llie -amendment, we ing the relevant amendment,"No.14, tor-McCLttnz and -to all those who $ have br.aded the States a serious set. the conference report states "It is the were instrumental in the acceptance bacs and retarded unnen-wily the intention of the conferees that fiscal of this legislation. - implementation of the community year 1984 legislative branch fundmg. Mr. HATFrm. Mr. President, if no - ). services block grant. Will be acted upon in regular order by other Senator wishes to debate. I urge ~$ Mr. MATTINOLY. Mr. Pfesident,'as both Houses." Mr. President. this lan. the Senate to adopt the-conference chairman of the Appropriations Sub-.. guage clearly. envisages..that we:will report.- -+ 4 4 . committee on the Legislative' Branch, have consideration of the ' fiscal year' The ' PRESIDING ' ' OFFICER.WIf".$
- s
~ I want to be sure zny colleagues know 1984 legislative branch bill on the there is no -further debate, the ques - n what this continuing resolution means floor of both Houses. It is my inten. Lion is on agreeing.to the conference for the legislatise branch. Lion to press for this, even if it means report. 3 4 The message is a mixed one. On the bringing a Senate. initiated b!!Ito this The conference repoit was agreed to. r; positive side, I am very proud of the Chamber. and paufnr it. ~ 7 Mr. 'HATFIELD Mr. ' President;'T'"-* fundmg record of the subcommittee. Finn 11r. Mr. President, the legisla. move to reconsider the vote by which i The conferees have agreed to a fund. tive branch appropriation b'.ll has the mnierence report was agreed t "A ing level for the legislative branch, in. become the annual vehicle for the Mr. PROmritE. Mr. ' President,3 cluding independent agencies such as Federal pay cap. While the balance of t move to lay that motion on the table d o. I the Library of Congress. the Govern. the legislative branch bill extends for The motion to lay 1on the table was rnent Printing Office, and the General the entire fiscal year, the pay cap pro. agreed to. T Accounting Office, of apprortmn.tely visions extend only for the duration of Mr. HATFTM. Mr. President, may. 4 %.336 b!111on. Compare this to the the continuing resolution-December we have order? .e President's budget request of 11.410 17, 1982. Because the cap covers all The PIminING' OFFICER. The.J billion and the fiscal year.1982 total Federal employees. not just those of Senator's point is well taken. It is ex-of SL365 billion. We are $75 mfillon the legislative branch I believe this is tremely difficult to hear.. tmder the President's request, and $30 appropriate. But I want to be sure The Senator from Oregon.~ million under the fiscal year 1982 that my mileagues know that this is .Mr. HATFim. Mr. President. I ask' levet Even II mmpensation, accounts an issue which will have to tm. dealt unn.nimnus consent-and this has been are included which were contained in ' with againlater this year., 7,, .I cleared on both sides of the aisle. -that' "" 4 h-b -n. e .i t L }y_. -. _ Q
r-l ~~ k, Octoberl,1889 -CONGRESSIONAL RECORD'--; SENATE %[ f 'S 13215 yIj the tenendments reported in ci;sagree. plementation of provisicr:2 conta!ied in the ' Senate nd=bered'73 to'the cfor'esaid resolu-~ 9N = kq Y ~ ment be considered en bloc. Distri:t cf Columb;a Statehood Consutu. tior and concur therem with an ameno. 'e f The PRESIDING OFTICER. Is tiona! Convenuon Init!auve <D C. Lao ment as ionows. In beu ci the section C' there objection? Withot:t objection, it 171) shall be apphed first toward ensunns number "141" named in-said smendment, .O e e .1 n on the proposed consutu-insert. "143" jL 4 $o CTdeTed HATFTT"D. P-Preside" wC1 4 W prmting. by the Statch od com-Aesolted. That the House receoe from its jI et r-on, of the proposed constitution to-disarreement tr the amendment of the "F e the clerk report the amendments in gether unth objecuve statements both for sence numbered 75 to the.a. foresaid resolu-ff. d:sagreement. and against its pronsions a.s expressed by non. and concur theretn sith an amend-e-. The PRESIDING OFFICER. The the Conventlon delagates inmg such posi-ment as ionows: In beu of the matter insert. J a c:erk will state the n=endments in ciis. uons. (B) man =g of ttus informaucn to the ed by said amendment, insert h./ greg ment, registered voters of the D;stnet of Columbia Sr.c.145. Notwithstand.ng any other pro. E The les'tslEthe tierk Tcad g.S f0!}OWS: ty October :: 1982. and (C) prepring br os.or, c: tus )ctnt resolmcr the hea.d of e t P ' '" Incited. 7nat the House agree to the pubcanon as a pu::bc do ument a compre-any cep1M. ment or agency ci the l eoers.1 i I -i repen ci the co=*rdttee of conference og hensive leg 1.lause history cf the proposed Gosernment in carrymg out any lean guar. h the d:sagreem. votes cf the two Houses cn constituton. $7 the amendments of the Senate to the reso. (2) None of the funds provided by this Antee or insurance program ahaU enter ento h L'- lution (H.J. Res. 599) entitled " Joint resolu, joint resolution may be used to pay for the commitments to guarantee or insure Joans C* pursuant to such progra..-) in the !un M' M-uon making continuing appropnauons for pubbcation of any infortnauon or materials t;:e fiscal year 1983, and for -other pur. by the Statehood Commwon shich fail to amount prended by law sub)ect only 1.0 (1) Ui lhe atahab;11ty cf quahfied applicants for
- G poses."
present obyective arguments for s.nd against '? hesolved. That the House recede from its the pronsions of the proposed ccastitution. such guarantee or fnsurance, and (2) hmata. hM 6sagreement to 1.he amendments of the (b) Notwithstand.:ng section 100, the park. ucns contained in appropnauon Acts. Leso bed. That the liouse recede from its 1'5 L.--- Senate numbered 43. 85. and 86 to the tfore. graph under t.he bead:ng *wtfrERY aC disagTeement to the amendment of.the Oi: M said resoluuon. and concur therem.. CRaR.! tab &E caMEs"ZRMrRist FDeD"-in the Senate numbered 76 to the afortsajd fesolu. Aesof twf. That the House recede'from,its Distnet of Columbia Appropriation Act, -w-disagreement to the s.mendment of-the 1982 (Pubhc Law S7-91; 95-Stat 1175) ts tion, and concur therein rlth an amend-D ment as foUurs:.In.beu 4f the secuan N -5.- Senate numbered 15 to the aforesaid resolu. amended-number 144 named du.saJd amendment. E g'% tien. and concur therem uith an amend. (1) in the second pronso, by stnking out 4 insert "146". 8 ment as IcDors:In beu of Lbe matter ins rt.
- payments of prizes" and inserttng iL hau Aesolved That the House rebie from its s'
j ed by said amendment, insert Prortdc4 thereof ** payment cf fees to ucket agents. j That notr1thstandmg the foregoing provi. fees to contractors supplying gambung park' Ji.s gree =ent to the amendment of the
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.9, sien cf this paragraph and notulthstanding phernalia cr services and prues"; Senate numbered 78 tothe aforesaid resolu. iA 3 any other provuton of this joint resolution. (2) in the third proviso. -by'strur.mg out tion, and concur therein t-;th an amend- 'S @p such amounts ta may be riemu-y !cr proj.,paymen's of prues" and-inserting in beu ment as foucus In hepi W mam hm =" ects or actinues provided for in the Military thereof Ppayment of such fees and prtres"; ed by sald amendment.. insert; i T; Construcuon Actc1983 m.R. 6968).st arate (3) in the fourth proviso, by striking out SEC.147 Nots 1%W uy omer pro-h,3 rul n of ths joint ruoluuon or any other N for cperations and to the extent and in the " prizes and ametrauon of the Board I r n*mer provided for in the ecnference shall not exceed resources ass.ilable to the promon of law, appropnauons for urban g.! a n as formula grants authorized by eq) P.~ repcrt and joint explanatory statement-of Board from appropriated authority or rev. ij House of Representattves on September 30, 1stration cf the Board shan not exceed re. (49 USC.1601 et sec.) staU be apportioned k, W Man Mass Transponaum Act of J964 the committee of conference as fued in the enues" and insert:ng in beu 8.bereof an w n. and aDoca'ed using data front the 1970 de-T 1982, as if such Act had been enacted into sources aranable to the Board from appro-M, lar". pnated authority
- Prortded fittfher. That cenmal emus for eMuarter of the sums W
Resolved That the Bouse recedeJrom its the annual expenses for fees and.prtzes "DDI P"*l'd **d ID' **I"'ter nh all be gp. -4 d.sagreement to the endment of the thn!1 not exwed revenues"; and 2 - p 1 ned and aHocated on W basis of data T ' Senate numbered 30 to the aforesaid resolu. (4) in the fifth proviso, by striking out fr m the 1980 decennial census. g tion, and concur therem with:an amend. '"for pnze : money"c and inserting in "11eu Resolved. That the Boune recede fremits I y ment as foHouTIn beu of the matter insert-thereof "for ices and prize money'J. - - - Aurreement. to the amendment af the {' w ed by said amendment. tnsert ** moneys de-(c) Notu1thstanding any other provision Senate numbered 88 to the aforesaid resolu- ,,j Y pos:ted into the Na:Jonal Defense Stockpue of this resciution theSuperior Court of the. taan, and concur therein uith-an amend-p Trsnumon Ptmd tmder section $(b7 of th Dist"ict of Columbia may antinue to oper. ment as fouost in Um-of th.aecum 4 k strategic and Critical Materials Stock Piling ste the To!cnteer Attorney Program and -number 15,6 named in aaid camendment, g Act (50 USC_98h.(bH.are hereby maria the Community Worters Pregram and may I^5*",155. - 4, m'b Lvailable.subMt to st.ch hmatations as may imt lement the h wrms author".ty.Upou pa> MWord That h House Mcede,,W ds g i"-" be provided in appropriauon. Acts.and in sage of the fisml year 1983 appropriauon duamment to W amendment of the T secuen 5(a)(1) of such Ac* until expended Act, full year program fundmg TC) be ava3, Senate numbered 89 to the aforesaid resolu-r b-f er the acCuisiuon of strateg1c and cr:tical able to pay retroacutely, for program serv. tion. and concur therein tith an amend-f,. Fi materials under secuon 6taK1) of such Act ices performed on er after October.1.1932. mem as fouost in beu of W matter insert-Q (and for transportauon and other inesdental <d) The Waeterton Convenuon Center ed by said amendment, insert. err'enses related to such acquisition). This may proceed at an annual rate of operauon Src.156. Notrtthstanding any other pro-0. Faragraph apphes sithout iLsca) year hmita. which does not exceed 35.275.000. vision of tbs joint resoluuon. there is ap-mr Ch tion to moneys depos:ted into the fund Resolve 4 That the House recede from its propnated $518.000.000, to remain available q g5 before on. or a.fter October 1.1982 Pro-disagreetnent - to the amendment of the until expended. for Department of Trans. Y e7 Vided. That dunng the ILscal year ending on Senate numbered 57 tc the aforesaid resolu, portauen Interstate Transfer granta-lligh. 4 3 September 30. 1963. not more than uon. and concur therein with an amend, s ays, and $365.000.000, to remain avaflable / C 5120.000.000 in addjuon to amounts preru rnent as follour. In lieu of the section untu expended. for Departrnent of Trans. ously apropnated. of Etuch not to exceed number 125 named in said amendment. portauon interstate Transfer gTanta-Tran. 585.000.000 ahall be available only until the insert "129". alt: Prorsded. That allocations of these y ternunauon of tbs joint resoluuon for the Resolved. That the House recede from its fut.ds shall be distributed in accordance g parthase of domestic copper mined and disagreement to the amendment of the with House Report 97-783 or Senate Report- 'T smelted in the UnJted States af ter Septem. Senate numbered 59 to the aforesaid resolu. 97-567. whichever is higher. ber 30, 1g82, may be obhgated from tion, and concur therein with 1m amend. Aesolve4 That the House recede irom its f amounts in the Nauona3 Defense Stockpue ment as foDors: In lieu of the matter insert, disagreement to the amendment of the t. Transaction Fund for the acquistuon of ed by said amendment. insert- - Senate numbered 90 to the aforesatd resolu-f {. strateg1c and critica1 materials under section Sec.131. Secuons 308ds) and 308a(c) of uon. and concur therein rath an amend. q 61ax1) of the Strategic and Crtucal Maters. title 35. United States Code, are amended by ment as foueur In lieu of the matter insert. E p als Stock Piling Act (50 U.S.C. 9&ctaK11) striking out September 30.1982" and in. ed by said amendment insert;. 4 7 and for transportauon and other incidental setting in lieu thereof " December 17,1982". Szc.157-158. Since the United States Con. 9 e espenses related to such acquisition /'.. Resolved That the House recede.from its gress estabushed the Social Security system L (, Aesolved. That the House recede from its disarreement to the amendment of the in 1935 to prottde for the general self are by O 7 daagreement to the ' amendment of the Senate numbered 69 to the af oresajd resolu. estabushing a system of Federal old age F 6 enate numbered 33 to the aforesaid resolu. uon. and concur therem sith an amend. benefits; and k -~ bor, and concur theretn alth-an. amend. ment as foDows-In lieu of the section Since Medusre. ras made part of the iJ h, ment as foDost ,..c number ""137" naraed in saad _ amendment. Socaal Securtty system by Actof Conirrens in . Str1Ae out the matter stricken. and insert
- Insert "140" 1965 to provide.for-the general welfare t.
l l- [ l Ssc. Il4.(aM1) Funds provided by this Resolved. That the House recede from sts through a system of health benefits for the i! Jolet resoluuon for costs to continue the im. disagreement to the amendment of the aged,and Ig s h. r s .P [
je's S 13216 CONGRESSIONAL RECORDl-SENATE ~ ' October 1,Wsk, 08 ..a since Medreare u an bsursnee p orram in M. HATPrT*n 'Mr. President. I order of the President pro tempore $ is) wh th werking Amerreans centribute their more to reconsider the vote by which the Senate, signed by me on OctoberIg rs" Soe:a! Seennty payroll taxes and tn which the amendmer'ts in dsagreement were 1982, effecting the -authority dor
- P#
the elderly and d:sabled pay health insur.
- a. greed to.
annual rates of compensation of esff, 1M NntEprocusefu Mr. BAKER. Mr. President. I move ployees of the Senate. h d'. '[j er this ins to lay that motion on the table. The order follows: . y ', g r. go smn p oposals to Umit eliribntry for The mot 2on to lay on the table was H Memeare health benefits to lower.tncome agreed to. canta: US Sts Art. orrzer or tur 37 Parsamr Pao Tocrons 4, so persens would profoundly alter the charac-By urtue ci the autbonty tested in mahP 5d/ AUTHORIZING CORRECTION IN sects n 4 of the Federal Pay Comparahn:ty) ter of health Insu-ance ior the aged and dis-NeIe THE ENROLIAiENT OF HOUSE ^Cyj " D"'* 'k s r t pr It ts the Sense of the Senate that the Con. JOINT RESOLUTION 599 c-< -_ 7 gress shoujd reyeet any preposal to impose a Mr. HAan1D Mr. President. I 'C e e ed by e ed2 ~ b the ad p no House n .Ihat the House reecoe from its rent ResoWow & inswM 2e (2) ~ annual rate of ~~-W d a. fc-g ,g d: sag eement to the amendment of the House enmlling clerk to make tecimi-not include longersty compenution author 'r gr. Senate numbered 93 to the aforesaid resolu. cal co!Teetions in House Joint Resolu. ized by acetion 106 of the 1ertslative Branch 2 rt-con. and eennrr therem wrth an amend-tion 599. Appropnzuon Act.19c3. as amended or any. a[ ment as foDost in beu of the matter tnsert-The PRESIDING OFTICER Odr. other amonal ep-rm that maya,, L ed by said amendment, insert-CnArErJlaid before the knnte IIouse bereafta be anbanzed Wu. g 9" sn.161. Section 2 ef the International Concurrent Resolution CO, Anthor. mart uremsts ron sm te roses s Coffee Arreement Act of 1980 (19 UAC. 1::ing that a certa.tn correction be made ' SEc. 2. (a) The annual rates of eayG.' 1356k) is amended by strtting out
- October in the enrollment of House Joint Res. Lion of the Secretary of the Rennt, the SerG
- 1. IPc2 and inserttng in beu thereof the clution 599. making continu2ng appro-geant at Arms and Doorkeeper. and tbe lee.. --
expirauon of ttus jomt resoluuen - tsla.uve Connul (as auch rates were in, c,. Resolved. 'ntat the House recede from its priations for the fiscal year 1983. creaud by pnor orders of the President pro 4 ' r-dmarreement to the amendment of the The PRESIDING OFFICER. The tenare) are further increu A by 4.0 per.. r' Senate numbered loo to the aforesaid reso. question is on agreeing to the concur-cent sM. a no increawd me tmt-J to the. - t totion and cxmeur therein,rtth an amend-rent resolution GI. Con.Res. Col. nen hgber mulupw of slao. Notwithc9-- trent as foDowc in benof t.be matter insert-The concurrent resolution GI. Con. =rane.nr the provisions of this suasecuanT E ed by said amendment, tnnert " - ResA.20) was agreed ta. an indindual occupying 4 -feinn the 3: s .EEc.167. Secuen 508 of the Airport and _Mr. HATFmr.n Mr. ' President. I annual rate of enmn-na= tion for stach-is S Attway improvement Act of 1982 ts amend-move to reconsder the vote-by which detumneA under this sth am not ; I ed by add.ng at the end thereof the fobow-mulgannn of tius Order. alan anrmal rate *f* be paad at any uzne, by r-nn of me pro.. o-the concurftnt resolution was agreed ing new subsecuon". Ne) Ust-ce'Czrrarn Arroc.Trorren Pt'wes to. . In encess n! elther of the following;(1) the M een Dracurrronary Powosts.--4D Subject Mr. MOMRE. Mr.JPresident, I .n, mal rate in effect for pnattime in level N to paragraphs (2) and (3). if the secretary 2nove to lay that motion on the table. III of the Exemure Schedule under section d determmes. based -trpon notice provided .The 2Dolion lo lay on the.lable was 5314 of Utle 5. United States Code, or (2) an M-( ~ ' 1mder sectJon So5Ne).erotherwtsethat any.agreedlo... a nnnal rate of e=&"e which ts SLD00.A er the amounts a u under retion The PPP9 MING OFFICER. The less than the annnal rate af compan== rim W - sowa) rul not be oburated durmr a nscal majority leader is recognized. of A"* a .. w n.. r;.: t -~ - " year.- the -secretary may.obusate ourtng Mr; MArrR. Mr. President. may we (b) The annual mes of -ni-anon of m ' meh h year an ammt mual to such 'h.av.he PRPRTDING OPPICER e order for a brief moment? the Secntary for the s3muty and the Seo.-4 smounts at his castretaoo for any of the pur-7 . May ntary for the wnnetas saen men um J ... poser for stich funds are made seanable - ord h W N m W M I""*"*d D7 "'I # *'d'** '*'*h* President..Q 1mdersection 303 - pro temport) are further 1ncreannd by 4.D. r /721'2he Secretary snay tnake obhrations ON4 ""NW'* ConV**"H". Dlease percent and. as so inernwd. adjusted to the I.
- in steerdance with paragraph (Donly 4 the retire.to theAn*ooms?
Dext hacher multtple of.31tc. Notbwlth 1 Leeretary deteradnee that %e total of obu-stantimr the pmrsatonsaf this subsection. N ..n gations for suen fiscal year for purpones of '".d*8"*3 annua 1 rate of compensataan "for atich is
- ""#T"8
"'8" " th' seccon 505 sEl not exceed tha amount au-P ON OF APPRECIA'I' ION thortsed for such fiscal year ander secuan Mr. M AVTn_ Mr. pygsident. I am dete' mined unoer this sotmecuan ahan not, sosal and if the Seartary determinen that sure Iznust speak for every Member of be paad at any time, by Tesam of the pro. sufnetent amounts an aarthorted smoer the Senate on both sides of the aisle mulraum of this Order. at an annual rate " section 505(a) for later fiscal years for obb. When I express my profound apprecia, of &mpensauon in creess of1500 less than gatsun for such ammvim) amounts wtuch
- . were not obhrated during such nseal year 1.10n to the distinguished %
" cy the annual rate of compensauon wtlich is pow or may hereafter be in effect for those ^'.-' and whsch r-min avanable under secuon the Appropriations Cnmmf ure - and patuons ref trred to in autmecuen (a) of this ? 608(a). the distinguished ranking tninority secuon. -(3) Por the purposes of carrytne out this member of that committee for the (c) The annual rates of cnmpensation of subnectico-2DOSt eIpedIllous manner in which the five Semor Counsels in the Offlee of the
- 'LA) None of the funds provided in the they handled this piece of legisladon. 1ertslative Counsel and the tnaxbnum W nsoluuon provkhnt contmuing appro-It was done in a responsible Way. It wual rates of compmsauon of the Anst.vt.
I prtataons for *be ft=al year 1983 sbau be WES done in a thorough Way. It Was ant Seentary of the Serrate, the Partiarr. # s. avaDable for :.be pianrdng or executaan of tartan. the Financial Clert, the Asststant 4 c! programs the commitments for which are in done M m 2. ^ .czoess of st.c50.soo.ooo for the two fincaj Mr. President, there d be no more the Majority trader _fo* Floor Operations. ~ d; and the Amststant to the utnority Isader g-- years endme prar to October 1.1ssa, for votes innlyh t. - for F)nor Operathons (as such rates were in. j granta tn. eld for airport - ptanntna, noine Now, Mr. Presidert, there are a creased try prior orders of the President pro -$ compatibiltty p&anning and programs, and number of routine Instter91. hat may tempore) are further increased by 4.0 per. A devriopment; and be dealt With, cent and, as so inercased, adjusted to the
- (B) Secuon 506 ten 4) of this Act shad not pert hither multiple of.st.oo. Notulth.
in any manner whatenever impa.tr the hmi-standing the provimons of this stabsecuen. an indntdual occupytnr a posttten the i. - tauon estabhahed by this paragraph.- AUTHORITY POR ANNUAL ~ Mr. HATPIELD. Mr. President, I RATES OF COMPENSATION OP annual rate of compennauon for which ts 3 m;te that the Senate concur in the EMPLOYEES OF THE SENATE determined under this subnection shall not t amenetments of the House. to the UNDER AUTIIORITY OP THE ba paid at any time. by reason of the pr% i '_... mmenitmerasof tbc Arnafr- -ITY ACT OF M PEDERAL PAY COMPARABII, mulrau this e The PRrsmING OPPICER. The than the -annual rate of compensauon + cuestion is on agreeing to the motion. Mr. THURMOND. Mr. President. whleb is now or may hereafter be in e!!ect 4 The motion Was agreed to. for the Terord. I am submitting the for thone postuons referred to in subsection 4
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(
., y,' 3 x \\ ' 0. .a ^ .r-W ~ E 46.50 CONGRESSIONA1. RECORD-Extmnons ofRemark OctobQ29 Octl t RulemmGing Processes. Acx:. 'No. 119:11. 'cluding tax ' reaks.' to businesseIs and b be able to build the econon[gf own country and to reduce the.h[ea.- isad IIRD-82-85. August li. industries Mlhng to locate W1'.hin the tones or cIpand existmg operations in burden of ry.2ments. And_.remem Weaknesses in Procurement Pracuees to Am Obtain Outside Profess 2onal Talent Serv-3 cut the areas, ber-this was in the context of 411scu3f m el a y rso el hiac.arement Au-Enterprise tones were first proposed sions dth representatives:.of;.23 - are. United States, then assisting th's:.an,.. g thonues-Better Monitonne and Overucht for distressed inner cities. f.iy bill was 00% Neeoed. Acc. No. 11910:. FPCD-SO-43 the.first to extend the concept to eco-cient enemyand when, within ther,7; ~y August 2, nomically distressed -and underdevel-of Cairo, there were captured 'Ameri. Award and Ad=mistrauen cf Centracts oped rural areas and the first to Larget can innkt on display. -g.c J fer Job Corps Centers. F1.RD-80-107, its incentive provisions to s: malt busi-His loss was a personal one tok d August 10. 8 nesses and industries wiumg to locate His death *minished us all. He% C gyN$,d f s cnues. Acc. No.11S138. OGD-E2-68. August-ethin or expand existing operations bc in these areas. We also were instru-truly a man of peace and good win.ee., p re 6lspecid IRS h=CS. . mental in persuading President ,-.,-f a, 4 Procedures are Reagan to make rural areas eligible ' BOONDOGGLE *o = -=p1R p Neeced for certa:n Returns Contatning in, for enterprise zone designation in the
- - c-T te auenal Tax 1ssues. ocu2m. August +%trauen's, tin. Unfortu=ately. HON. FORTNEY H. (PETE) STAP&t
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? f ~- the administration bH1 would require ,,,,,,0 0,, o,,,,,,,,,,,,g"y -~' I or cat.trouxis ~ shid lener fepc'ts rural areas to co=pete with big cities 3,3 Part-time employment in the Federal for designation. As I have said many Gov;rnment. Acc. No. 119159. FPCD-E:-54 a. Julr 12-times-and experience has borne tne Ertdcy. Ocfober,2..!SE2 e- : % ] out.--Tural America cannot compete on _. ~ g'g,*fg[*glogjg] an equal basis with urban America for e Mr. STARE'. MrcSpeaker, when'the I re% mr.nts andagencies. Acc.No.1191~1.FPCD-the anocation of resources in Pederal Congress reconvenes in Nove=berivek. pr@ will be considering the Inergy.and -- wad s2-32. July 14. programs.. Water J' Development Approp+%=..-. sow ADeeed abuses in the T.E. Savings Bond Mr. Speaker, interest in enterprise Dirtsson of tbe Department of tbe Treasury zone legislation has been picking up hill of fiscal year 1983. This bDI. con. d AFMIh82-io. July 26.. considershirin recent weeks. as is re-tains r-anv good.1. sound. Annovative ' wi) th projects. However.- it also contains' s Consclidation of OSA's <iepot function flected in the Senate committee's on many of the worst kinds of projects. ~ ab gt Acc..No. action this week. Hopefully, the .3, rddet's afuentnM dae 1 gjam nas been bmken in getting fa-those deemed by all objectivet observ.-5 off P .,.I ers as porkha rel." Two enr nless- - ' T.for.nscal year 1982 proposius two rescas Nah nEnsshal sedon on-enter what may beas many.aslive orsixe!,h sions cf budget authority totalling 363.6 mD. prise zone leg 2rdation. Even if this leg-Te hon and a rensrom to one deferra.1 previous. islation is not finally approved by the these projects in the bin, are the Ten.. " VI, nessee-Tombigbee Waterway and.the%- ly reported. 00c-80-20. Augustas., close<f this session, favorable action tio( ritneh Riverbreeder reactor.+=mdn fa d -w -=A " : - ' t p now by both the Senatenand '. House ~ -cmm ees e uld herald Mck adon The. Tennessee'TombigbeekWaterC it $ ~'=' - -c - RURAL ENTEIIPR'ISESZOd AND way has:already had $1.m.billione
- - IEVELOPM'T' ACI' '
.
- in.the next session. I urgelhe appro, committed to it.The energy and water ^1 W
priate enmmiehes to move toward this L c ~ r; - appropriations bill adds another.3146 S 1l
- t p p.
- -. HON. WES WA. T._ KINS:=; :." '*' ***'*~" " M : *"
""",a" scheduled 2o mst ever.32tagm men or omBon,,,,,... lion some. studies put the total mstof...' -M..,;nt 2nz norst or arrazSENTaTrVES A.-d -..ANWAR SADA*I' ~ ' * ~ the waterway at closer-to $3 or.84 tU-Wc on1 -m.. , g$ ' r * -.Fradctt,-Ocfober ftISB2" ' 1 -. HON. JACK BRINKLEY .'T an effort to turn the utepptalverg 7 Q j. ~ lion. 'I'ennfTom-hasibeen described as O : 5.1 c Q.- + e~Mr "WATE' INS'.:Mrl EpenYer the '..W.-":-.;- e, cuomcza 2nto a doubleJanehighway..All1t does;*' dM e. P.D. concept-of rural enterprise-mnei an' Y2nz norsz or-M system-of rivers 4 few bundred mDes; - %c is pr vide barge transportation en a- [$ idea first advanced in sny Rura1 Enter. - " c pr'se. Zone and '. Development Act. Mday, Mber U9d _' r to the tast of the Miukmppi.-.Never.'.y f ~C which l introduced on~ September :3, o Mr.JERD3' LIT. ~Mr. Speak er. have so few shippers beensaved so few 7 du ens -? 1981, took a major step forward Tues-President Anwar Sadat was a man who miles at the expense of so manv. day night when the Senate Finance could cope with adverscral visitors In these times when we are enrntnut, g S -1 Co*ttee approved & bul.providing and emerge with added respect -be-ing student loans..veternns benefits, ~ m 'for:the es*abushment of=5 enterprise cause he Iwsed a real insightlato.and a host-of.other programs,-to con 7
- '{
N zones each year and requiring that 8 the' com. mon interests he held with tinue to dump hundreds of r-HHons of-de 2F of tht:5 be reserved forturalareas. - them on a 110-1 basis. He built upon dollars into a waterway that is unnec - ? -- - - I commend the Senate committee's that common ground, and the ties of emry not caly 1 recognition tnat rural areas have dis. confidence and friendship would natu. nitely callous. seems foolish, but infi ? . te% J g tinctive problems and needs, thus re-rally follow. From that point, the rela. And then there is the project that F quirieg special treatment in any enter-tionship beca.me one ci steadfast loyal. has come to symbolize wasteful spend-t prise zone Jesulation ultimately en-t y. ing, the Clinch River breeder reactor.= t co; acted. I have long mntntained that Perhaps it was psychological, but The cost of the breeder has gone from _ rural areas cannot compete headon one fel: that Sadat had faith in,his an original estimatcoi 8400 mHHon,tn._ 4 94 q e with urban areas.and interests in Ped. fellow. man, even those who wer? ad. 1972, to -53.57, billion in 1982.- SomeM,7 '.3 4.ral -programs.. Pa11ure.-to : recognize versarial - and an almost chudlike predict the finni cost.could go as highL-C " c this fact results in an amfnir and in-trust. It would be difficult to disap. as 56 or $8 billion. g ..--,: g N ~ f equitablesllocation of.available Peder-point.him--in -terms of objectivity, 'Six billion donars for a-demonstrad~5 7 al resources to help meet local needs,' fairness, and understanding. - tion reactor that even proponents say,@,' 'eHminate local problems, and provide Prom the perspective of 1973 and is not commercially viable, and ad.i c jobs for the people of rural America. the evidence which has come into design that becomes tnere obsoleteM_ 7 w As you know, Mr. Speaker, several being since that time, the works of with each passing <1aytI c nnnot just3-g t ; ~.. bills have been introduced to establish President Sadat are prophetic. In 1973 fy spending that kinri of money to test e f enterprise zones in economien11y dis. he told us he was prepared to accept a reactor design that will never be[.F D 15 O M tressed areas as a means of stimulating the W= and survival of Israe'i. He used again.-and will be of unknown ~7 ' p., the dIvelop:nent of additional. private reminded us that the had been the value in f uture breeder technology.. ' W'* - [} p#b+. sector jobs in these areas. This wculd firsttead of an. Arab State to declare. On these times of severe budget cutswa b be-dine by offering various linds of his WUbntness to Inake peace with 7 -econ mic and financial incentives.'in-Israel.IIe said his only desire was to in other areas. Lo support these excesfW d sive projecta is unjustifiable. To do so,$ --T 5 ' ~Q& ?. u. r_ m }.i. y
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1 s tober 1,'1989 CONGRESSIONAL RECORD--Extemiom ofRemarh E 4641 %' di is an hypocrisy. We must prove to the cluded min formerly classified as MINend Ir Two thirds of the men kialrd in Vict. I j .tnerican pacple that we are willms to Mmguez ensualues). viounded: 303.704 - nam sere :1 years old or younger when
- r; 5
Cut Epending where the savings will 153.329 hospitahzed + 150.375 irJured, re-they died. S T make a difference. Let's prove that we quired no hospital care.
- c. Vietnam was a very individual war-en-g are serious about eli.snating wasteful J. Severely disabled. 75.00M;14100 per. trance into the mihtary rotation to and
~ f' =e i cent disabled; 3383 lost hmbs; 1.081 sus-from Vietnam and discharge back into soci. y Government.e tained multiple amputations. ety were au sol:tary expenences. be cohe. k Missbg in Action: O!.5:8 men not ac-site uruts of WWII trained, fought and re- , '. [i
- gg.gg g g g.g counted fer at the end cf the war, the re-turned home together were largely absent l
mains f only 80 have been returned by dunns Vietnm Rapid return to society did IIADEFem PROGRAM Vletnam. not aUow for **decompre&sion" tiIne==-a
- 2. Metion Draf tees f ar outnumbered en-period in which indmdual expenences could
!i HON. JOHN P. HLNRSCHMIDT listees in vietnam be shared and vabdated. cr aamsas Fa0*.1. While dn! tees did form a d;spro-d. Permanently d;sabung rounds were ? IN TIII HCOSE or FirR.ts!'NTATIVEs peruCnate snare cf the U.S. Army's combat sustained at a f ar greater rate in Vietnam. _- b' ar s enhsted personnel. only 25 percent The percentage of Viemam G1s who suf. ? Triday, Oefober1.1982 (648.500) cf total iorces in cou=try vere fered amputaton or cripphng rounds to the o M.r. H.AMRSGMIDT. Mr. draftees.- lower extremiues was 300 percent higher "1 Speaker. Lhe Vietnam veterans leader,
- b. As a companson 66 percent of our than in WWII and 70 percent hisber than ship program within the ACTION and fes were draf ted dunns N in Korea. Muluple a=putauons occurnd at
- c. Draftees accounted for 2"
percent the rate of 18.4 percent compared to 5.7 per-Agency is making considerable prog- (15.404) cf combat deaths in Vietnam cent in WWII. 4: r ress in tapping the enormous re-
- 3. Metion; Blacks fought and daed in ex-
- 8. Mction: ** Bad Paper" (less-than honor-sources of able and successful Vietnam traordinarny high proporuons relauve to able tw.arges) 1s widespread among Viet-1 i-vtterans who stand ready. With the the rest of the pcpulation.
nam-cra veta much of it as a result of pohu-1 proper encouragement. to come 107 Fact: a 0.7 percent of Vietnam-cra (1965-cal acts of opposidon to the ra.r._ j 1. g ! ' ward to help their fellow veterans 1972) forces were black. Fact s 97 percent of viems.m-cra veter. solve lingering problems associated
- b. 88.4 percent of the men who actuaDy ans are bonorably hha rged.
rl '.1 with their In111tary service. Among served in Vietnam were csur*< mn 10.6 per-
- b. Of the tiny minority who received -bad cent (275.000) were blact 1 percent be-paper" for desertion, only 5 percent were at.
9 'l those problems is the very perplexing longed to other races. tached to umu in Vlem One of separating fact from fiction
- c. 86.3 percent of the men who daed in c Dunns the entire Vietnain ers. 'only 24
.I about themselves in terms of. some Vietnam were caur= =:nn 12.5 percent (7.241) men were convicted in a court-martial of de. l - often repeatea publie pronouncement. were bisce 1.2 percent belonged to o ber sertion to avoid h.,2 dous euty. The leadership program in Bouston, races.
- d. Only 10 percent of Awols (Absent Tex has prepare.d a fact sheet about
- d. 85.8 percent of the men who were k.nled. With Out leave) were related to opposition M.
Vietnam veterans. It contains informa. as a result of hostDe action were cauracian-,to tha var. ---.a r. !il: ^ tionThich I believe our colleagues WH1 III percent (5.711) were blact 1.1 percent ~' .rEE Waa's NTE l belonged to other races. .lind useful and I am pleased to insert . e. 14.6. percent (1.530) of. non-combat
- 9. Metion: Veterans of-the vietnam-War a
I .,.it.in the CoMcarssloMal.RECX)aD.7, - deat he were among black.L. feel Wy Were Mrded & SamCrtspect S ,M ~ ' CVzrrnaw Vrrra aw FACTsHErr" ' ' Ef. A fuH third (34 pertent) of blacks Tho and recogniuon as veterans of'World War enhsted volunteered ior the combat arms. II-q :*r TrxE sus . - ~l8 percent of Tietnam-era vets - i a. I d f; .e T Metiom 'Over 9'mHilon A[nerkans. g. Overall. blacks suffered 12.5 percent of ' Pact: -served in Vietnam.- the deaths in Vietnam at a lime when the feel the recepuon they received sas worse, j, ,.,j
- , Facu. S.087.000 mHitary persor'nel served percentage of h1anra of miutary age was13.5 than thatreceived by vets of earlier wars.
- on active cuty during the Vaetnam-cra (Aug. percent of the total population.
- b. less than half of Vietnam-era vets feel 5.-1964-May 7.1975). This figure. includes -
- 4. Pictiom America sent mostly its poor to they received a very fnendly reception.
,l
- c. Almost one-fourth ieel even 4 heir own serviamen who were stationedinthe U.S.. fight in Viemam -.
family and close friends did.not provide a } lc
- b. 8.744.000 personnel were on active duty J Fact: a. 76 percent of the men sent to dming direct UA. involvement.1n ibe war Vietnam vere from lower middle / working very inendly reception.
, 3:
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.~(Aug. 5.1964-Jan.27.1973). ~ class backgrounds., _.
- d. 63 percent of the general publicagrees y
e . c. 3.403.100 personnelserved in the South- .b. Three-fourths had. f.amf1v incomes that the treatment of Viemam veterans has j' . cast Asia Theater (Vietnam. Laos. Cambo. above the poverty level; 50 percent of these not improved over the last decade. t y dir. 'fh2ht crews basor ir. Thailand, and nen were trom middle.ncome anckgrounds.
- 10. Mction: The lwer proporuon of Viet.
.3 aaDor in adjacent South China Sea waters).
- c. On the other hand, only 23 percent og vets have dropped out of society and drift l
This ngure includes 514.300 o" shore naval Vietnam vets had fathers w2th professional, aimlessly, unable to radjust to a normal L' l personnel. manarenal or technical occupations. TEF Of 11!8-i!
- d. 2.594.000 p-rsonnel served utthin the
- 5. Mction: High school dropouts formed Fact: a. Over 80 percent of Vietvets have p, }2 j
borders of South Vietnam (Jan.1.1965-Marth 28.1973L - ~ the largest proportion of UA forces sn Viet, made a surreuful transition to civilian soci-
- ff nam.
ety where diey are len %r perf ectly normal -
- e. Another 50.000 men served between Fact: a. 79 percent of the men who served and productive bees.
.-4 1960 and 1964. dunns which time 246 serv-in Vsetnam had a high school education or
- 11. Piction: A large percentage of Vietvets tl
.Seemen were kiDed as a result-of hostile better when theytntered the albtary serv. have rejected partiousm. ~ p, 'acuen.. ice . Fact: a. 91 percent of actual Vietnam War
- f. Of the 2.6 mHuon between 1 and 1.6
- b. This was the best educated army Amer. veterans and 90 percent of those who saw EnHbon (40-60 percent) either fought in Aca has ever fielded. For companson. 63 per. beavy combat are proud to have served t'
combat, provided close combat support or c nt cf Korean War vets a.nd only 45 per. their country, were at least fairly Tegularly expo 6ed to cent of WWII vets had completed high
- b. 66 percent cf Vietvets say that 'they
' h.s enemy attack. school upon separation from the muitary. would serve again if called upon. l . g. Only about 20 percent of those men sta.
- 6. Mction: Vietvets themselves, as well as
- 12. Metion: Gupt overwhelms most Viet-i[,,
tioned in Viemam actusHy served in the the general publje. bebeve that the combat nam veterans. s r L first echelon combat arms (infantry.. armor. performance of individual GIs determined Fact: a. 66 percent of Vietvets reject the {k artillery, etc.) where they regularly pursued and was responsible for the outcome of the notion of guDt totany. - ~ i 'tF and engaged the~ enemy"on the ground war. -4). Only 14 percent of Tidvets feel un-I @? (March 8,1965-August 11/1972L TheTatio Pact: a. 82 percent of veterans who saw equivoaany that "it is shamefully that my h J J was generally five suppcrt troops to every hegry combat strongly bebeve the war was Country did to the Viemamese people." one combat soldier. lost because the nation's pc'1tical leadership
- 13. Pietion Poutical radenWm is more
'p
- h. 7.484 women (6.250 or 83.5 percent were would not permit our troops to wtn a tradi-the rule than the exception among Vietnam
@ i nurses) served in Vietnam. Ptcht women tional miljtary victory. veterans. 'Q died in Vietnam-aD were nurses. -Women
- b. Nearly 75 percent of the general public Pact: a. Only 15 percent of Vietrets identi-h3 compnse 2.1 percent (197.513) of Vietnam-agrees that it was a failure of political win, fied themselves as radicals in 1973. a time
,(ig. i era veterans, not of arms. When the socalled veterans antj. war move. Fail l' Casus!ttes Bostue deaths-47.258; Non-
- 7. Pictiom The Vietnam War was in no ment was at its zenith.
.C bostile deaths-10.446; Total = 57.704 - (an-way different from previous U.S. wars.
- b. Membership.in the Vietnam Veterans Qh
~ ~< Fact: a. The average age of the Viemam Against the War (VVAW admitted everyone o"
- Tmme of informauon an appmded.
War GI was 19 compared to 26 for WWII. from college students to profeswrs) prob.
- f'
~ m-e o 1 ~ ~
S 13292 "CO. sTE %(ktober 1,13 ~. that if th2 courts can be deprived of NRC regulations. In fact, it noted tr jurisdiction over that question, they the NRC had already considered co: can be deprived of jurisdiction over when it proposed its uranium mill tr any question-freedom of worship, ing regulations and found them et civil rights, criminal law, anything. no*nically feasible. And in the long run that process can The Statement of Managers also only mean destruction of our basic Mr. MITCHELL. I thank the Sena. char that although the Federal agt rights and our Federal system of gov. tor. I also understand the amendments ties involnd should continue to ec crnment. to the Uranium Mill Tallings Radi-sider tl ese costs. they need not car The courts exist to apply the accu. ation Control Act. included in the out a cot benefit analysis nor shot mulated wisdom of 205 years-em. NRC authorization bill conference such cons..!;.ations "* *
- divert El bodied in our system of laws-to the report, differ significantly from those or NRC from their principal focus political judgments of the day, as adopted by the Senate.
protecting the public health a made by the elected Representr.tives Mr. HART. The Senator is correct. safety." of the people. That blending of long. The House-passed version of the NRC I also noto that none of the term judgments and short term de. r.uthorization bill for fiscal years 1982 amendments affects the Findings a stres has been a key to the effective and 1983 did not contain any amend. Purposes section of the Uranium M functioning of our system of repre. ments to the Uranium Mill Tallings Tallings Act, sentative demccracy. Although there Act. The provision in the conference Mr. MITCHELL. I thank the Ser are, thnes when I am extremely frus. report differs from the Senate provi. ~ tor. trated by Federal court decisions. I am sion in an important respect: The simply against making such a basic. Senate provision suspended the NRC's fundamental change in our system. final regulations for umnium mill tall. MILL TAILING LEGISLATION I am certainly prepared to work with ings. promulgated October 3 1980 Mr. SCHMI'IT. Mr. President, o Senator Hrr.us and others in pushing until EPA issued its final standards for for a constitutional amendment to re. active uranium mill sites under section domestic uranium industry is on i store prayer in the schools, as Presi. 275 of the Atomic Energy Act. The y,# ",(s h C most dent Reagan has proposed. What I will conference report suspends these final tant uranium producer, but it now b not do is suppod a statute that seeks NRC regulations until January 1 to restore school prayer by dismem. 1983. On that date, they become im. fewer operating uranium mills th bering the court system. That is a bad mediately effective except for any two decades ago. Thousands of min < means to a good end and I simply NRC regulation that first, is inconsist. are unemployed. New exploration 1 could not support it. ent with the EPA standards, required plummeted. to be proposed October 3.1982, and There are many causes for this d second, would also require a signift. aster including the absence of a r NRC AUTHORIZATION BILL cant commitment or action by the 11 tion's commitment to energy securit Mr. MITCFFTL Mr. President, will censee. Although such a commitment One of the additionalis the rapidly 1 the distinguished ranking minority or action could include financial obli, creasing tide of low cost foreign ural member of the Subcommittee on Nu. gations or expenditures, the conferees um. Indeed, almost all new contractt clear Regulation engage in a colloquy agreed not to state that a " major in-commitments by our utilities are wi with me on the NRC authorization bill vestiment" would trigger the suspen. foreign suppliers end some domes' conference report? sfon of a particular NRC regulation. uranium companies are even shutti Mr. HART. I would be delighted to Mr. MITCHETA Is my understand. down their operations in order to pt engage in a colloquy with my good ing correct, then, that this suspension chase low cost foreign uranium Niend from Maine. of the NRC regulations until January meet their contractual obligatioi 1.1983, is only for the purpose of sort. These developments pose a serious a] ing out potential conflicts between the immediate threat to the continu NRC regulations and the EPA riand. survival of our domestic. uranium I ards? dustry. Once mines and mills are shi Mr. HART. This Senator is absolute. dowa, it is unclear whether they c: ly correct. ever be reopened. It will take as mal Mr. MITCHELL. Is it also correct, as 10. c.ars to bring new facilities < then, that these amendments do nog line. prejudge the validity or appropriate. Congress has long recognized that ness of the NRC's final regulations, is essential to our national securi promulgated October 3.19807 and to our policy of energy indeper1 Mr. HART. That is correct. The ence to assure the maintenance of statement of managers underscored viable domestic uranium industi the point that where legislative lan. Indeed. In 1964 Congress adopted le guage directed the NRC and the EPA islation codified in section 161(v) to " consider the risk to public health, the Atomic Energy Act.specifically f safety and the environment, the env1 this purpose. ronmental and economic costs of such Nothing has occurred since 1964 standards or regulations, and 'such make the Nation's domestic uranto other factors as EPA or NRC. respec. Industry any less essential to our ser tively, determine to be appropriate," rity interests. To the contrary. we m this language "* *
- reflects accurately rely on nuclear power heavals for o the current regulatory approach of electrical energy needs. It would the agencies."
most unwise to place ourselves at t' Ttte statement of managers clearly mercy of a handful of uranium expo' recognized that the NRC and EPA are ing countries by undue dependence i i already considering these factors in foreign supplies. This is particulai i j their regulatory procedures. I might the case since these countries pur p.'- also point out that the 10th Chcult documented policies to support thi Court of Appeals, in its decision in own uranium industries and to assu at Kerr-McGee Nuclear Corp. against their own uranium supplies. 4 ) Nuclear Regulatory Commission, Recognizing the urgency of this s!I f h' upheld the legality and validity of the ation. I cosponsored an amendment 4 [ w s .nyg
y Af - D H 7670 CONGRESSIONAL RECORD - HOUSE September 28,198f Third, a fund for drug law enforce-prortstons of section 2sf of the Atomse ta such paragraph, may be reanocated by ment consisting of the proceeds renl. Encryy Act of1s54142 ti.S.C. 20171 and sec-the commission for use in a program offsce ized by the Government from forfeit-tion J05 of the Energy Reorganuatkn Act of referred to in any other paragraph of such 1s74 942 EJ.S.C. $s759, for, the fiscal years subsection. or for use in any other actirtty "I'** 1ss2 and 19ss to remain available untst ex-actthin a program office, except that the Fourth, a large increase in the fines pended. sess,200.000forftseat year 1982 and amount avattable from appropriations for for drug trafficking. Current fines are 3513.200.000 for fiscal year 198J to be a11o. such fucal year for use in any program totally unrealistic. cated os fonors-office or spectried actirtty may not. as a Fifth, protections for innocent third tis Not more than s80.700,000 for fiscal result of reanocations made under this sub. parties who may have an interest in year 1982 and #77,000.000 for fiscal year section, be increased or reduced by more property subject to forfeiture. Obvi-1ssJ may be used for " Nuclear Reactor Reg. than $500.000 unless-ously, the penalties imposed should ulation", of which an amount not to exceed (11 a pertod of 30 calendar days tercludina not be at the expense of persons who $1,000,000 is authorued each such fiscal any das in which either nouse of Congress year to be used to accelerate the effort in is not in session because of an adjournment were not involved in, or aware of,11-pas-cooled thermal reactor preapplication of more than J calendar days to a day cer. legal activity. rettew, and an amount not to exceed tain or an adjournment sine dies passes Mr. Speaker, I bellere that H.R. 7140 #8,000.000 u authorned each such fiscal after the receipt, by the Committee on is a commendable first step by this year to be used for Itcenstna review work for Encryy and commerce and the committee Congress toward providing a substan-a fast breeder reactor plant protect In the on Intertor and insular Affuirs of the nouse tial disincentive to drug.related activi-event of a termination of such breeder reac-of Representatsres and the Committee on ty, I am hopeful that this body will for prWeet. any unuse' amount appropri-Environment and Public Works of the nlso pass other important crime meas-ated pursuant to this paragraph for licens. Senate, of notice submitted by the Commis-ures which will have an ad e 8"' review se rk / r such profeet may be sus conmining a fun and complete state. impa t on drug trafficking, such a's'"re' used onlyfor safety technology activities. ment of the reauocation pmposed to be 121 Not more than s62.s00.000 for fiscal made and the facts and circumstances relied fonns of our ball procedures. I hope year 1982 and s69,s50.000 for fuca! vear upon in support of such proposed realloca. my colleagues will joing the gentleman JssJ may be used for " Inspection and En-tion;or from New Jersey and myself in votihg forcement". (2> cach such committee, before the expire. to suspend the rules and pass H.R. (J) Not more than s42.000,000 for A cal tion of such period. transmits to the com. 7140.e year isst and $47,0$s,600 for fiscal year mission a acrttlen nottrication that such The SPEAKER pro tempore. The 1983 may be used for
- Nuclear bratenal committee does not object to such proposed question is on the motion offered by safety and sa/cguards".
reanocation. the gentleman from New Jersey (Mr.,[o,y,, ,$,g#,#f,$#,#j# ### # $g ",,#d l erwoarry ro arrun ciarunamounn 3 o, fae HUcurs) that the House suspend the sssJ may be used for *Nuctear Regulatory rules and pass the bill, H.R. 7140. Research", of which-E wners reccioed by the Nuclear The question was taken: nnd (two-tAs an amount not to exceed sJ.500,000for Regulatory commission for the cooperattre thirds having voted in favor thereof) fuca! year 1ss2 and s4.500,000 for fiscas nuclear research program and the metertal the rules were suspended and the bill year 1983 is authorued to be used to acceler. access authortzation program may be re-was passed ate the effort in gas-cooled thermal reactor toined and used for salaries and expenses A motion to reconsider was laid on safety research; assoetated with such programs, notwith. the table. (B) an amount not to exceed sis,000,000 is standing the prortstons of section J617 of authorized each such Ascal year to be used the Revised statutes 131 tJ.S.C. 4:41, and for fast breeder reactor ssfety research; and shan remain available untti expended. CONFERENCE REPORT ON H.R. (C) an amount not to exceed 357,000,000 is avrwoarry to rnansrsa czarun suouwrs to 2330, AUTHORIZING APPROPRI-authatzed for such two fiscal year period to orurn aozncras ATIONS TO NUCLEAR REOULA-be used fu the Lass-ofDuid Test Tacuny w Src. J. From amounts appropriated to the surch pmamm. TORY COMMISSION, FISCAL Nuclear Regulatory commission pursuant YEARS 1982 AND 1983 In the event of a termination of the fast to section fral, the Co nmission may trans-breeder reactor plant project, any unused fer to other agencies of the Federal Govern. Mr. UDALL submitted the following amount approprtated pursuant to chts para-me :t sums for salaries and expenses for the conference report and statement on graph forfast breeder reactor safety research performance by such agencies of actirtties the bill (H.R. 2330) to authorize ap. may be used generany for " Nuclear Regula-for which such appropriations of the Con > propriation to the Nuclear Regulatory twy Research". misston are made. Any sums so trans/crred Commission in accordance with sec-f5) Not un Wan 321,900.000 fu fiscal my be wrged with the appropriation of am n#2 and #20,87.800 /w Ased year me agency to which such sums we imas-tion 261 of the Atomic Energy Act of
- # ".# D' "### #" ~
l'"#- 1954, as amended, and section 305 of 9 po the Energy Reorganization Act of 16/ Not more than 337,400.000 for fucal ' " ^## 1974, as amended, and for other pur-year 1982 and #41,797,300 for Ascal year Src. 4. Notwithstanding any other prord-poses: 1983 may be used for " Program Direction sion of this Act. no authority to make pay-ConrrnEnct Rrronr (H. Rrrr. No. 97-884) and Administration". menis under this Act shall be effective czcept (b) 1he Nuclear Regulatory Commission to such extent or in such amounts as are The committee of conference on the disa-may use not more than 2 percent of the vmeided in advance in appropridion Acts. Gmunts au wised to be appropriated A mon 17Y vo issumsss m anSENG or n i he S nn e th bi HR under subsection talt4) to ezercise its au-ExtnozNCY PREPAREDNESS PLANS 2330) to nuthorize nppropriation to the Nu. cient Reguhtory Commission in accordance thority under section JJ a. of the Atomic Src. 5. Of the amounts authorized to be I "*'OY ACE Of E300 '0E II C E05EIGII $0 with section 261 of the Atomic Energy Act appropriated under section 1, the Nuclear of 1954, as amended, nnd section 305 of the enter into amnts and coopemHve age Regulatory Commission may use such sums wnts wim universities pursuant to such Energy Recrgnnfzation Act of 1974, as as may be necessary. in the absence of a nmended, nnd for other purposes, having sechon. Gmnts mde by Me Commission State or local emergency preparedness plan shan be made in accordance wUh the Feder-met, niter full nnd free conference, have which has been approved by the Federal ngreed to recommend nnd do recommend to al Grant and Cooperutive Agreement Act of Emergency hianagement Agency, to tssue on their respective Houses as follows-1977141 U.S.C. 501 et segi and other appli' operating license (includtng a temporary Thnt the House recede from its disagree-cable tw. In making such gmnts and ente
- operating license under section 192 of the ment to the nmendment of the Sennte nnd ing into such cooperative agreements, the Atomic Energy Act of 1954, as amended by agree to the same with nn amendment as Commission shall endeavor to provide op. section is of this Act) for a nuclear power follows:
propriate opportunities for universities in reactor, tf it determines that there exists a in lieu of the matter proposed to be tn. whtch the student body has historicaUy been State, local, or utility plan which provides serted by the Senate amendment insert the predominately comprised of minority reasonable assurance that pubite health and e,", g," c) Any amount appropriated for a fisct'l ggy gn7 yectr to the Nuclear Regulatory Commission avrnonizAnoM or ArraornJAnoNs pursuant to any pGregraph of substClion tal NvCLEAR sArM oOAU StenoM 1. fa) There are hereby authorized for purposes of the program office referred to Szc 6. Funds authorized to be appropri-to be appropriated to the Nuclear Regula-in such paragraph, or any actirity that is ated under this Act shall be used by the Nu-tory Commission in accordance with the within such program office and is spectfied clear Regulatory Commission to expedite
4 y + i( SeptemberSS,1981 CONGRESSIONAL RECORD-HOUSE H 7671 w. L'te establishment of safety goals for nuckar cf Nuclear Regulatory Commission head-mission staff'sprst supplement to the report n"setor regulation. De development of such quarters stdf offices. Prepared in response to the report of the Ad-( sdrty goals, and any acco,npanying meth-tb) No amount authartted to be appropri-tisory Committee on Reactor Safeguards for
- \\
odologtes for the application of such safety ated under this Act may be used. in connec-thefacutty: f3) the Nuclear Regulatory Com-goals should be expedited to the maximum tion with the inter 1m consoltdation ol Nu-mission stoff's Anal detaikd statement on tztent practicable to permit establishment clear Regulatory Commission olhees. to re-the environmentalimpact of thefactitty pre-of a safety goal by the Commtssion not later locate the offices of members of the Commis-pared pursuant to section 20!!2)tC) of the than December 31,1982. ston outside the Dtstrtet of Columbia. National Enttronmental Policy Act of 1969 Loss-or-nwD NST NCMTY THREE srEE MMD (42 U.S.C 4332tt)tC)); and (4) a State toca!. Src 1. Of the amounts authorized to be Stc 10. tal No part of the funds author. or utUity emergercy preparedness plan for used for the Loss-of Fluid Test Factitty in ized to be approprtated under this Act may the facusty. Petitions for the issuance of a sccordance with section Italid) for fiscag be used to provide assistance to the General temporary operating license, or for an years 1982 and 1983, the Commission shan PubHe UttHties Corporation for purposes of amendment to such a license anoscing over-t provide funding through contract seith the the decontamination, cleanup, repatr, or re. atton at a spec @c poseer knel greater than organization responsible for the Loss-of. habtittation of Jacthttes at Three Mile that authortred in the intitel temporary op. Island Unit 2. eroting utense, shall be accompanied by an I l :riuid Test operations for a detailed technt. Ib) ne prohibition contained in subsec. affidavit or affidarus setting forth the spe-at veriese and analysts of research results Y l obtained from the Lospof T!uid Test Tacui tion tal shan not relate to the responstbu. c@c facts upon schtch the petiltoner relses o ly research program. De contract shaU pro. ines of Me Nuclear Regulawn Commission to fusM issuann of Me lemmm omb o k, tidefundingfor not more than t1centy man. for monitortng or inspection of the decon. ing license or the amendment thereta ne 1 {1 years in each offiscal year 1982 and 1982 to tamination, cleanup, repair, or rehabutta. Commission shan pubHsh nonce of each ~ tonduct the technical reviene and analysts. Hon activities at nree Mile Island and such such petition in the Federal Regtster and in prohibitton shan not apply to the use of such trade or nes:s publications as the Com-(^ . xvCl.Esn DsTs Un funds by the Nuclear Regulatory Commis-mission deems approprtate to gitt reason
- Y Stc. 8. tal Of the amounts authorized to be sion to carry out regulatoryfunctions of the able notice to persons scho might hatt a po.
9 O {' sppropriated under this Act for the fiscal Commission under the Atomic Energy Act of tential interest in the grar.t of such tempo. },.. bears 1982 and 1983, not more than 8200.000 195I with respect to the facuttnes at nree rary operating license or amendment there-u authorized to be used by the Nuclear Reg-Mile Isla nd-ta Any person may pie afftdavits or state. l statory Commission for-ic) The Nuclear Regulatory Commission ments in support of, or in opposthon to, the G
- 18) the acquistiton (by purchase, lease, or shaU include in its annual report to the petition setthin thirty days eBer the pubhca.
D othertetse) and instauction of equipment to Congress under section 307tc) of the Energy tion of such notice in the Federal Register. 0 tw used for the "sman test prototype nuclear Reorganization Act of 1974 142 U.S. C. "k With respect to any petttion filed pur-data link" program or for any other pro- $877tc)) as a separate chapter a description cuant to subsection a. of this sectio % the ram for the collection and transmission to of the coRaboratttt efforts undertaker or Commission may issue a temporary cperat. C the Commission of data from licensed nucle-proposed to be undertaken, by the Commis* ing license, or amend the ucense to author
- g
- , sr reactors during abnormal conditions at sfon and the Department of Energy with re-tse temporary operation at each spec @c 7 i suh reactors;and spect to the decontamination, cleanup, poter level greater than that authortaed in g
9 p its the conduct of a fun and complete repair, or rehabudation of facuittes at J.s initial temporam operating heense, as study and analysis of-Dree MUe Island Unit 2. determined by the Commisstors, upon And. 0 e opp e e ido No funds aumortzed M be appmp+ ing me f ,(q'Gon during abnormal conditions at a nucle-ated under this Act may be used by the Com. '#"*W"*'"********#" IB1 the information which should be crau.
- accident-generated water", as deftned bymtssion to approve any actliful release of
- 'W'*"'AU** *5 ***"'.#
sr reactor licensed by the Commission; P' #^* ? sble to the Commission to enable the Com-the Commission in NUREG-0683 I" Final " ' ' ' " " ' " ' " k1 raission to fuUlu such role and to carry out Programmatic Environtr.enta! Impact State. "12) in accordance with such require-other relatedfunctions; ment"p. 2 23),from nree Mile Island Unit ments, there is reasonable assurance that IC) tartous alternattre means of assurin0 2 into the Susquehanna River or its scater. operation of thefactitty during the period of g h that such information is aratlable to the shed, the temporary operahng hcense in accord-0 % Commission in a timely manner; and ance with its terms and conditions win pro-ID) any changes in ez1 sting Commission vide adequate proketion to the pubhc 1 authortty necessary to enhance the Commis. Stc. !!. Section 192 of the Atomic EnergV heanh and safety and the ent-ironment o Q non response to abnormal conditions at a Act of 1954 (42 U.S.C. 2242) is amended to during the pertod of temporary operation,' O ~ nuclear reactor hcensed by the Commission, read as fonotts' and A }j? Re smaU test prototype "f*r"4 in in n. "t3) dental of such temporary operating H. graph t!) may be used by the Commissi5n in %j O any proceeding upon arn opphea-cense actU result in delay between the date 0 p tarrysng out the study and analysts under tion for an operating hcense for a ututza. On which constmchon d the facudy is sd paragraph (2). Such analysis shaR include a c> lion facutty required to be licensed under ficienup completed, in me judgment of the tost-benefit analysis of each alternative ez' section 103 or 104 tu of this Act, in which a D ""'**'***## N"U'******I O** 3. smined under subparagraph IC). r%Il Upon completton of the study and heartng is other1ctse required pursuant to **'*4 *P'*U** U***'w**$'^' ##
- ^
sni;,Vsts required under subsection falf2), section 189 a., the applicant may petition such facuuy would other he ncette a final a t*se Commission shall submit to C6ngress a the Commission for a temporary operating *P'"U *
- U'#' P * '* * * * ' '* * '* A
l. dettiled report setting forth the results of license for such facuity authortstng fuel The temporary operating Ucense shaR f such study and analystc. loading, testing. and operation at a specute become effective upon issuance and shan s t!) The Commission may not take any potter level to be determir.ed by the Commis-contain such terms and conduions as the sction with respect to any alternative de-ston, pending final action by the Commis. Commission may deem necessary, including Q} sion on the apphcation. The initial petition the duration of the hcense and any provi-senbed in subsection tabt!)tC), unless a 9 Dertod of 60 calendar days tentuding any for a temporary operating license for each ston for the extension thereof. Any fnnal Le dat in 1thich either House of Congress is not such facuity, and any temporary operating order authorizing the Usuance or amend. g t3 session because of an adjournment of license issued for such facility based upon mer.t of any temporary operating license 4 more than 3 calendar days to a day certain the initial petition, shau be nmiled to power pursuant to this section shaR recite with s Cr en adjournment sirie dne) passes after the levels not to exceed 5 percent of rated fun specificity the facts and reasons justifying recetpt, by the Committee on Energy and thermal power. Following Usuance by the thefindings under this subsection, and shau l Comm*rce and the Committee on interior [g Commission of the temporary operating h-be transmitted upon such ksuance to the Q End insulcz Affairs of the House of Repre* censefor each such facthly, the licensee may Committees on interior and insular Affairs g g erntatires and the Committee on Environ
- fue petitions scith the Commission to amend and Energy and Commerce of the House of y
y ment and Pubhc Works of the Senate, of the license to aRow facuity operation in Representalitws and the Committee on En- ,r notnce submitted by the Commisrton con' staged increases at spectfic power levels, to vironment and Pubhc Works of the Senate. lsining a full and complete statement of the be determined %y the Commission, exceeding Theitnat order of the Commission seith re-a 4 sctton proposed to be taken and the facts 5 percent of rated full thermal power. The spect to the issuance or amendment of a y p g
- t%d circumstances rehed upon in support of intital petition for a temporary operating li-temporary operating license shaU be subject se such proposed action, cense for each such facihty may be filed at tofudicial reviene pursuant to chapter 158 of any time after the filinor of'(1) the report of title 28, United States Code. The require-INTER 129 cDNsoUDATioM of orricES the Advisory Committee on Reactor Safe-ments of section 189 a. of this Act seith re-Sw. 9. Of the amounts authorized to be guards required by section 182 b.; !!) the spect to the issuance or amendment of fa.
4^ e tDpropriated pursuant to paragraph 6 of JUtng of the initial Safety Evaluation ctitty Heenses shan not apply to the issuance
- arction !!al, such sums as may be necessary Report by the Nuclear Regulatory Commis-or amendment of a temporary operahng ti.
S%ll be arauable for interim consohdation sion staff and the Nuclear Regulatory Com-cense under this section. g,
H 7672 CONGRESSIONAL RECORD-- HOUSE September 28, ISS! "c. Any hearing on the applica; ton for the with prior notice and reasonable opportuni-Ic) for purposes of-ft nal operating license for a facHity required ty for public comment on eny such determi-112 determining the best means of assuring pu rsuant to section !89 a. shan be concluded nation, schich criteria shall take into ac-that commercial nuclear powerplants are as promptly as practicable. The C6mmisston count the externey of the need for the constructed in accordance with the applica-shall suspend the temporary operating it-amendment involved; and titio procedures ble safety requirements in effect pursuant to cense tf it finds that the applicant is not for consultation on any such determination the Atomic Energy Act ofl954;and prosecuting th nppiteatton for the final op-with ne State in which the facility invotred (2) assessing the feasibt!Up and beneftts of erating license tetth due diligence. Issuance is located.". the tartous means listed in subsection Ib); of a temporary operating license under sub. (b) ne authority of the Nuclear Regula' the Commission shaR undertake a pilot pro-section b. of this section shaR be without tory Commission, under the provisions of y,,,go 7,,g,,,,,g,paggag,y,og,,,,gg,g prejudice to the *ight of any party to raise the amendment made by subsection tal, to gngggg, g,,og mor,ny gg,agg,,,,ggy,,,,, any issue in a h>aring required pursuant to issue and to make immediately effective any ,,pg, gg,,ggyg,g g,,,y,,,ggo, gyg ja, gg,,,,, section 189 a.: and failure to assert any amendment to an operating license shall po,,, ny,,,,,,g,y gg, y,,;gsggggy,,g g,,,, ground for dental or limitation of a tempo. take effect upon the promulgation by the fits of their implementaticn. De DUot pro-vary operating license shall not bar the as. Commissin 4f the ugulations required in gram shan include programs that use inde-sertton of such ground in connection tetth such pmrisions. pendent inspectors for auditing quality as. the issuance of a subsequent final operating QUALrrY assvnancs surance responsibilUies of the licensee for license. Any party to a hearing required pur-Sec. 23. ta) ne Nuclear Regulatory Cbm-the construction of commercial nucIrar suant to section 189 c. on the final operat-mission is authorfted cr>t dincted to imple-powerplants, as described in paragraph 459 ing license for a facility for schich a tempo-ment and accelesale the resident inspector of subsection (bL ne pilot program shaU in. rary operating license has been issued under program so as to assure the assignment of at ciude at least three sites at uhich commes subsection b. and any member of the Atomic least one resident inspector by the end of ctal nuclear powerplants are under con-Safety and Licensing Board conducting fiscal year 1982 at each site at which a com-struction. l'e Commission shall select at such hearing. shan prompuy nottfy the Com-mercial nuclear powerplant is under con. Derst one st% at schich quality assurance mission of any information indicating that struction and construction is more than !$ and qua!Uy control programs have operated the terms and conditions of the temporary percent complete. At each such site at schich satisfactoruy, and at least two a tes atith re-operating license are not being met, or that construction is not more than 15 percent medial programs under1 cay at achich major such terms and conditions are not stsfficient complete, the Commiston shan prortde that construction, quality assurance, or qualtty to comply scith the provisions of paragraph such inspection personnet as the Commis-control deficiencies for any combination (2) of subsection b, sions deems appropriate shall be physicaRF thereof) have been identWed in the paJL The "d. The Commission is authorized and di-present at the si:e at such timesfonowing is* Cbmmission may require any char.ges in es. rected to adopt such administrative reme-suance of the construction permit as may be isting quality assurance and quality control dies as the Commission deems appropriate necessary in the judgment of the Cbmmis-organizations and relationships that may be to minimize the need for issuance of tempo-ston. ncessary at the selected sites to implement rary operating licenses pursuant to this sec. Ik) ne Commission shaR conduct a study gy pyogp mg,g,r tion. of existing and alternative programs for in-Idi Not later than Jtfteen months after the "e. De authortly to issue neto temporary procing quahty assurance and quality con. date of the enactment of this Act, the Curn-operating licenses under this section shall trol in the construction of commercial nu. mg,,gog, gay compiggy ggy agugy ggq,g,gg ezptre on December 31,1983.". clear powerplants. In conducting the study, under subsection (b) and submit to the the Commission shaR obtain the comments onnnxo ucsssE AMENDMENTHEARINGS yngggg gggggy gggggg ggg yoggg ny ggy,g, Of O' P' UC* U'"*"* CI * *'I'" P0* Szc.12. fa) Section 189 a. of the Atomic sentatives a report setting forth the results
- A#
"" *^* I"'I"##
- Energy Act of 1954 (12 U.S.C. 2239fa)) is of *umm*a*ry of the information received from rds, and orga t
c p amended-s it) by inserting "t13" after the subsection P',* ,gfg",0 ,,PP, the public and fmm other persons referred to g ggg g, ny ggg yngagggy. in subsection (b) and a statement of the designatiom and %mmissin's mnnse to the signWeent it) by adding at the end thereof the100010-t!) providing a basis Jbr quality assurance coments received De wrt shaR also set IN0 "'* M *0'* W and quality control, inspection, and enforce- "t2)fAJ De Commission may issue and ment actions through the adoption cf an ap-forth an analyns of the mults of the puot make immediately effective any amendment proach schich is more prescripttre Lhan that pmgnm nquired unfu subsecun ick N to an operating license, upon a determina* currently in practice for dclining principal wt shan be oceannied by Me neon-tion by the Commisston that such amend-architectural and engineering criterta for mendaHons of the Commission, including ment involves no signWeant hazards con' the construction of commercial nuclear any legislauve neommendaHons, and a de-siferation, nottttthstanding the pendency powggpgggg,. scription of any administrative actions that before the Commission of a request for a (2) conditioning the issuance of construc-the Commission has undertaken or intends hearing from any person. Such amendment tion permits for commercial nuclear poseer-to undertake, for improving quality assur may be issued and made immediately (fec-plants on a demonstration by the licensee ance and quality control programs that are tire in advance of the holding and comple-that the licensee is capable of independently applicable during the construction of nucle-tion of any required hearing. In determining managing the effective performance of aR 0! POUWGRIL under this sectton schether such amendment quality assurance and quahty control re. Uumnox on vst or sncul MvcLEAR inroires no signWeant hazards considera-sponsibilities for the 90acerplant; stArERML tion, the Commission shan consult scith the (3) evcluations, inspections, or audits of Szc 14. Section 57 of the Atomic Energy State in which the facuity invoittd is locat. commerctal nuclear poteerplant construe' Act of 1954 442 U.S.C. 2077) is amended by ed. In all other respects such amendment tion by organizations comprised of profes' adding at the end thereof thefollotting neto shall meet the requirements of this Act stonals having expertise in appropriate,ugsgeggog "tB) The Cbmmission shaR periodically fnelds which evaluations, inspections, or "e. Special nuclear material, as defined in (but not less frequently than once every audits are more effective than those under section !!, produced in facuttles licensed thirty daysi publish notice of any amend-current practice; under section 103 or 104 may not be trans-ments issued, or proposed to be issued, as (4) improvement of the Commission's or* fured, reprocessed, used, or otherwhe made provided in subparagraph (A). Each such ganization, methods, and progra ms for qual-available by any instrumentality of the notice shall include aR amendments issued, ity cssurance development, rettew, and in. United States or any o or propcsed to be issued, since the date of spectiomand a7 apio,y py7pa,gg.ther persun for nucle-publication of the last such periodic notice. I5I conditioning the issuance of construc-Such notice shan, scith respect to each tior. pennits for commercial nuclear potea-assmzxnxsnmns amemiment or proposed amendment til plants on the permittee entering into con. Stc. 25. Of the amounts authorized to be identify the facihty involmt; and tii) pro-tracts or other arrangements seith an inde-appropriated under section 1 the Nuclear vide a brief description of such amendment pendent inspector to audit the quality assurs Regulatory Commission shan use such sums Nothing in this subsection shall be con-ance program to verb quality assurance as may be necessary to conduct a study of strued to delay the effective date of any performance. the financial hardshtps incurred by resident amendment. For purpons of paragraph 15), the term "in. inspectors as a result of til regulations of "tC) The Commission shan, during the depender.t inspector" means a person or the Commission requiring resident inspec-ninetystay period fotioscing the effective other entity having no responsibutty for the tors to relocate pertodically from one duty date of this paragraph, promulgate requia-design or construction of the plant involved. station to another; and (2) the requirements tions establishing til standards for deter-The study shaR also include en analysis of of the Commission respecting the domittle j mining schether any amendment to an oper. Juality assurance and quality control pro-of resident trupectors and respecthg travel j ating license involves no signWeant haz. grams at representattre sites at achich euch betteren their domicue and duty station in ards consideration; tit) criteria for provid. programs are operating satisfactortly amt such manne" as to avoid the appearance of ing or, in emergency situations, dispensing an assessment of the reasons therefor. a conflict of interesL Not later than U days r i
r k O September 28,1982 CONGRESSIONAL RECORD - HOUSE H 7673 after the date of the enactment of this Act, and substituting " October 1,1982" and by IB) the Commission's requirements are > plica.'ur$in i' the Commission shaU submit to the C6n. adding the following at the end thert@ modtfied to conform to such standards. gress a report setting forth the findings of "After October 1,1982, if the Administrator Such suspension shalt terminate on the ear-g;^g go the Commission as a result of such study, to-has not promulgated standards in Anal tier of AprU 1,1984 or the date on which the gether with a legtslattre proposal tincluding form under this subsectnon, any action of Commission amends the October 3 regula. 1g, ay any supporting data or information) relat. the Secretary of Energy under title I of the tions to conform to Anal standards promul-b); ing to any assistance for resident inspectors Uranium Min TaUtngs Radiation Control gated by the Administrator under subsection g P'O' determined by the Commission to be appro. Act of 1978 which is required to comply
- b. During the pertod of such suspension, the pria te, with, or be takenin acconiance with, stand.
Commisston shaU continue to regulate by sAsoTAoK of NLTLEAR FAc1LETTES OR TLTL 0 0 bbM$" product matertal las defined in section !! e. rpuN SEC 16. Siction 236 of the Atomic Energy - [74, p the $ 121) under this Act on a licensee-by-licensee be Act of 1954142 U.S.C. 2284) is amended to gyg, sus,Qion until such time as the Ad-basis as N Mmtsswn Was ucem b ra . bene. b ' pro-read as follotts: pm pu& MA s% M N enth ministrator promulgates such standards in inde-
- SEc 236. SasonoE or NtrLEAR FACILrr!ES F0 m 8 Analfo y as-on FUEL.-
"t3) No't later than 6 months after the date (2) by rtking in subsection b. !!) "eteht. q for "a. A ny person scho intentionaUp and tet!!* een months after the enactment of this sec-on achtch Me Administmtor vmmulgdes clear fully destroys or causes physical damage to, tton. the Administrator shau, by rule, pro-Anal standards pursuant to subsection b. of h t$) or scho intentionaUp and wt4fs,Up attempts mulgate" and inserting in lieu thereof the this secuon, the Commuston shan, quer if in. to destroy or cause physical damage to-follou'ing: " October 31, 1982, the Admints. notice and opportunityfor pubite comment, nmer. "t!) any production factitty or uttitaation trator shall, by rule, propose, and within 11 amend the Octcber 3 regu!Mions. and adopt icon. factittylteensed under this Act: months thereafter promulgate in final such modtftcations, as the Commission et al "t2) any nuclear acaste storage factitty U-form,"; deems necessary to conform to such fsnal cnce censed under this Act; or
- 13) by adding the foUowing at the end of standards of the Administrator.
rated "t3) any nuclearfuelfor such a utilization subsection tL 11): *If the Administratorfalls "f 4) Nothing in this subsections may be D re. factitty, or any spent nuclearfuelfrom such to promulgate standards in finalform under construed as affecting the author 1ty or re-sa}or a facility; th s subsecVon by October 1,1983. the au. sponstbiltty of the Commission under sec-ality shan be fined not more than 310,000 or im-thortty of the Administrator to promulgate tion 84 to promulgate regulations to protect stion prtsoned for not more than ten years, or such standards shan terminate, and the the public Matth and safety and Use enri- .The both. Commission may take actions under this ron men t. ". { "b. Any person scho intentionauy and wiU-Act scithout regard to any provision of this (bili) Section 108ta) of the Uranium Mill O eb
- 1rol fully causes or attempts to cause an inter-Act requiring such actions to comply acith, Tatlings Radiation Control Act of 1978 is f.
ruption of normal operation of any such fa-or be taken in accordance scith, standards amended by adding the fouoncing new para-sy be ment k cility through Me unauthorized use of or promulgated by the Administrator. In any graph at the end thereof
- I tampering seith the machinery. components, such case the Commission shan promulgate, "t3) Notacithstanding paragraphs (1) and r the f'
or controls of any such facuity. shall be and from time to time revise, any such (2) of this subsection, qfter October 31,1982, "om-li fined not more than 310,000 or imprisoned standards of general application which the tf the Administrator has not promtagated stred l for not more than ten years, or both,", commission deems necessary to carry out standards under section 27S c. of the Atomsc the b< DEnntattNr or ExEnorINronmrroM its responsibilities in the conduct of its it. Energy Act of 1954 in final form by such [? Sze 17. fa) Section 148 a, (1) of the Atomic censing activities under this Act. Require-
- date, remedial action taken by the Secretary epre.
,,gg, ments established by the Commission under under this title shall comply teith the stand-my f Energy Act of 1954142 U.S.C._2168tal!11) is, this Act actth respect to byproduct material ards proposed by the Administrator under . g,,, amended by inserting after Secretary *) as defined in section 11 e. (2) shan conform such section 275 a. until such time os the i the foRoxetng:, acith, respect to atomic to such standards. Any requirements adopt. Administrator promulgates the standards in 3 ',,the
- VV #'I'"## P*****'tomic Energy Act of ed by the Commission resycting such by-A nalform.".
,g i< ib) Section 148 of the A product material before promulgation by the (2) The second sentence of section o set 1954142 U.S.C 2168) is amended by adding Commission of such standards shan be pilot Il M the end Meno! the fouotetng new subsec. 108 tait 2) of the Uranium Min Tatlings Ra-amended as the Commission deems neces* The tions: diction Control Act of1978 is repealed, sary to conform to such standards in the }l "d, Any determination by the Secretary same manner as provided in subsection f.
- "'*"M
,b + conceming the applicabuity of this section ding (3). Nothing in this subsection shau be con. Stc 19. (a) Section 274 ou of the Atomic f shau be subject to judicial rettew pursuant g, strued to prohibit or suspend the implemen. Energy Act of1954 is amended by adding the g,g y: to section 552talt4 bib) of title 5, United tation or enforcement by the Commission of fonosetng at the end therrot *In adopttng States Code, { s: any requirement of the Commission respect. requirements pursuant t. paragraph !!) of ends "e, The Secretary shan prepare on a quar' ing byproduct material as depned in section this subsection acith respect to sites at schich ,i terin basis a report to be made available o 11 e. (2) pending promulgation by the Com-ores are processed primartly for their source y upon the request of any interested person mission of any such startdard of general ap. material content or which are used for the detailing the Secretary's application during plication. "- dtsposal of byproduct material as defined in
- d that period of each regulation or order pre-til by adding t]tefollotcing new subsection section il e. (2), the State may adopt alter-scribed or issued under this section, in par-at the end thereat natives (including, where appropriate, site-
}* licular, such report shau- "f. ft) Prior to January 1,1983, the Com-spectfic alternatives) to the twquirements "til identtfy any information protected mission shall not implement or enforce the adopted a nd enforced by the Commission for ergy + i by j' from disclosure pursuant to such regulation provisions of the Uranium Mill Licensin; the same purpose ti, after notice and oppor-new or ortter; Requirements published as pnel rules at 45 tunity for public hecring, the Commission 'i2) specifically state the Secretary's fusti-Federal Register 65521 to 65558 on October determines that such alternatives viu d in fication for determining that unauthorized 3,1980 thereinafter in this subsection re* achkre a level of stabilization and contain-ssed dissemination of the information protected ferred to as the
- October 3 regulations'). ment of the sites concerned, and a level of C ns.
from disclosure under such regulation or After December 31,1982, the Commission is protection for public health, safety, and the isade order could reasonaNy be expected to have a author 12ed to implement arnd enforce the environment from radiological and nonra. the significant adterse effect on the health and prothions of such October 3 regulations diological hazards associated with such scle. safety of the public or the common defense fand any subsequent modifications or addi-sites, schich is equivalent tos to the extent and security by significantly increasing the tions to such regulations which may be prvticable, or more stringent than the level liklihood of iUcgal production of nuclear adopted by the Commission), except as oth-schch scould be achtered by standards and scrapons, or theft, diversion, or sabotage of y ersetse provided in paragraphs (2) and it) of requirements adopted and enforced by the nuclear materials, equipment, or facilits,en, this subsection. as specified ursder subsection a.: and "f2) Folloncing the proposal by the Admin-Commission for the same purpose and any "t3) provide justification that the Secre-tstrator of standards under subsection b, final standards promulgated by the Admin- , M# " y istrator of the Environmental Protection tary has appikd such regulation or order so the Commission shan revietc the October 3 nt Agency in accordance seith section 275. Such as to protect from disclosure only the mini-regulations, and, not later than 90 days mum amount of information necessary to after the date af such proposal, suspend in-alternative State requirements may take f'AY protect the health and safety of the public or C' into account local or regional conditions, plementation and enforcement of any provi'. sion of such regulations schich the Commis including geology, topography, hydrology the common defense and security.", ,,g g,ggo7ngnyy n o dete ine notice an ppo i. snNDARns AND REQVntEMENTE LMDER stCT1oM (b) Section 204thif3) of the IJranium Mill svel h g ia & Szc 18. fa) Section 275 of the Atomic action or major commitment by licensees kuings RadiaHon ConM Act of 1978 is achich acould be unnecessary tf-amended by inserting the follotting before e of 5 Energy Act of1954 is amended-(A) the standards proposed by the Admin-the pertod at the end thereof *: Provided, y ys C !!) by striking in subsection a. *one year f after the date of enactment of this section, out modtlication, and hoteever,11 tat, in the case of a State achich istrator are promulgated in f1nalform with-has exercised any authority under State lato p I H
H 7674 CONGRESSIONAL RECORD-HOUSE September 28,1981 pursuant to en agreement entered into costs and such otherfactors as the Commis-criteria which shall be assessed in the under section 274 of the Atomic Energy Act ston determines to be appropriate,". annual reports on the dcmestic umnium in-of 1954, the State authortty over such by-Ib)Section 275 of the Atomic Energy Act of dustry's dability. The Secretary of Energy is product material may be terminated, and 1954 is amended-authorised to issue regulations providtag the Commission authority ostr such materi. !!) in subsection a., by inserting after the for the couection of such information as the al may be exercised, only ofter compliance second sentence thereof the follotting neto Secretary of Energy deems necessary to by the Cdmmission with the same proce-sentence: "In establishing such standards, carry out the monitoring and reporting re. dures as are applicable in the case of termi-the Administrator shi.li consider the risk to quirements of this section, nation of agreements under section 274f of the public health, safety, and the environ. % Upon a satitfactory shoscing to the the Atomic Energy Act of1954 " ment, the endronmental and economic S>cretary of Energy by any person that any Costs of applyiRg suCh standards, and suCh i% formation, or pnrtion thertof obtained DisNDstsNT 10 sECTroM sg other factors as the Administrator deter' under this section, would, tf made public, dt. Szc. 20. Section 84 of the Atomic EnergV mines to be appropriate.*? and t~ulge proprietary information of such Act of1954 is amended by adding thefollow-121 by adding at the end of subsection tL person, the Secretary shall not disclose such ing at the end thereof til thefoUowing new sentence: *In establish-tzformation and ettsclosure thereof shan be 'c. In the case of sites at which ores are ing such standards, the Administrator shan punishable under section 1905 of title 18, processed primartly for their source matert' consider the risk to the public health, sofety, United States Code. al content or which are used for the disposal and the environment, the entfonmental "c. The criteria referred to in subsection n of byproduct matertal as defined in section and economic costs of applying such stand-shan also include, but not be limited to- !! e. (2), a licensee may propose alternatitts ards, and such otherfactors as the Admints-to specific requirements adopted and en' trator determines to be appropriate;"* forced by the Commission under this Act contracts or options for source material or VnsNWst3 M LT special nuclear matertal wtU result in great-Such alternatire proposals may take into account local or regional conditions, includ. Szc. 23. (alt!) Not later than it months er than thirty-setwn and one half percent of ing geology, topography, hydrology estd me-after the date of enactwnt of this section, actual or projected domeJtic uranium re-teorology. The Commission may treat such the President shau prenre and submu to quinments for any two conscculitt year alternatitts as satisfying Commission re. the Congress a comprehensttt s zdew of the period being suppited by source material or quirements (f the Commission determines status of the domestic uranium mining and special nuclear material from foreign that such alternatires wiU achiett a letwl of mining industry. This review shan be made sources; statilization and containment of the sites available to the appropriate committees of "t!) prdections of uranium requirements concerned, and a letti of protection for the United States Senate and the House of and intwntories of domestic utilitses for a 10 public health, safety, and the entironment E!pT's!AtatiVfs-year per1od; from radiological erLd nonradiological hat.
- 42) The comprehensitt review preparedfor "t3) present and probable future use of the ards associated scith s1,ch sites, which is submission under paragraph it) shan in-domestic market by foreign imports; equitalent ta to the extent practicable, or clude-
"til schether domestic economic resertes more stringent than the letti tohich 1could IA) projections of uranium requirements can supply au future needs for a future ten be achtettd by standards and requirements and intentorses of domestic utilities; year persog; adopted and enforced by the Commission for (B) present and future projected uranium ,.(51 present and profected domestic urent-the same purpose and any final standards production by the domestic mining and um ezploration expenditures and pla=ss; promulgated by the Administrator of the En. miUtng industry; "t6) present and projected empl:vment vironmental Protection corncy in accord-(C) the present and future probable pene-and capital inttstment in the uranium in-ance 1cith section 275 ". tration of the domestic market by foreign gy,g,y; imports; ID) the sist of domestic andforeign ore re- "(7) the letti of domesuc umnium pmduc- ""Y tion Capacity s1LffiCient to Mett projected SEC. 21. SectiLS 102ft) of the Uranium serves; Min Tatungs Radiation Control Act of1978 IE) present and projected domestic urani-
- '* **'I PO" " "d*$*'
- l'**V'C' penod; and is amended by adding the folioscing at the um exploration expenditures and plans; end therett (F) present and projected employment and "f8) a projection of domestic uranium pro-
"t3) The Secretary shaR designate as a capital investment in the uranium industry; duction and uranium price levels schich wiu processing site scithin the meaning of sec.
- 10) an estimate of the level of domestic be in effect under terious assumptions seith tion 10!!6) any reat property, or knprove-uranium production necessary to ensure the Nspect to imports.
ments thereon, in Edgemont, South Dakota viable cristence of a domestic uranium in- "d. M Seentary of Energy, at any time, that~ dustry and protection of national security may determine on the basis of the monitor. "fAJ is in the ticinity of the Tennessee interests; ing and annual reports required under this VaUey Authority uranium mill site at Edge. (H) an estimate of the percentage of do. section that source material or special nu-mont (but not including such site), and mestic uranium demand achich must be met clear matertalfrom foreign sources is being "fB) is determined by the Secretary to be by domestic uranium production through imported in such increased quantities as to contaminated scith residual radioactste ma-the year 2000 in order to ensure the level of be a substantial cause of serious infury, or terials. domestic production estimated to be neces. threat thereof, to the United States uranium in making the designation under this para. sary under subparagraph (G); mining and milling industry. Based on that graph, the Secretary shaR consult scith the !!) a projection of domestic uranium pro. determination, the United States Trade Rep-Administrator, the Commission and the duction and uranium price letels which still resentative shan request that the United State of South Dakota. The provisions of be in effect both under current policy and in States international Trade Commission ini-this title shall apply to the site so designated the ettnt that foreign import restrictions tiate an inttstigation under section 201 of in the same manner and to the same extent were enacted by Ccngress in order to guar. the Trade Act of1974 (19 U.S.C. 2251). as to the sites designated under subsection antee domestic production at the letti esti. "e. (1) During the period 1982 to 1992, (f fal except that, in applying such provtstons mated to be necessary under subparagraph the Secretary of Energy determines that e2 to such site, any reference in this title to the (G); ecuted contracts or options for source mate-date of the enactment of this Act shall be (J) the anticipated effect of spent nuclear rial or special nuclea r materialfrom foreign treated as a reference to the date of the en-fuel reprocessing on the demand for urant. sources for use in utiltzation facilities actment of this parcgraph and in determin-
- MER*d
'cithin or under the furtsdiction of the ing the State share under section 107 of the IK) other information relevant to the con. United States represent greater than thirty-costs of remedial action, there shaR be cred-sideration of restrictions on the importation setin a'nd one. half percent of actual or pro-tied to the State, expenditures made by the of source material and special nuclear mate. fected domestic uranium requirements for Sitte. prior to the date of the enactment of rialfromforeign sources. any taco consecuttre year period, then the this paragraph schich the Secretary deter. (b)(11 Chapter 14 0f the Atomic Energy Act Secretary shall immediately revise criteria mines scould have been made by the State or of 1954 is amended by adding the foUowing for services offered nnder paragraph (Al of the United States in carrying out the re-netc section at the end thereof: section 161 v. to enhance the use of source quirements of this tiUe ". "Szc 170B. UMNrtme SUPPs.T. Material of domestic origin for use in utili- "a. The Secretary of Energy shaR monitor sation factittles licensed. or required to be ADDMoML AMEMMENTS M sECrioNs sd AND and for ghg yggry je33 to 1992 report annu-licensed, under section 103 07 ]Q4b. of thts auy to the Congrer and to the President a Act seithin or under the furisdiction of the Szc 22. fa) Section 84 a. ft) of the Atomic determination ofl' e viabilsty e the domes-United Staies. r Energy Act of1954 is amendet by inserting tic uranium mins.Lg arid milling industry ~t2) In retising criteria pursuant to para-before the comma at the end thereof the fol-and shaR establish by rule, after public graph (1), the Secretary shall not affect in loncing: ", taking into account the risk to the notice and in accordance with the require. any acay the right to deliver, use, or enrich public halth, safety, and the environment, ments of section 181 of this Act, scithin 9 foreign source material or foreign special with dut sonsideration of the economic months of enactment of this section, specific nuclear material, including any such right )
4 V F_ September 28,1982 CONGRESSIONAL RECORD -HOUSE H 7675 p. cristng under cristing contracts or option Cantos J. MoorHEAD, amendment also designa:ed up to $6.500.003 .e.. contracts. Managers on the Part of the House. In each fiscal year for licensing review work i} for a fast breeder reactor project. )
- f 31 Subsequent to the determination AL SIMPsoM.
De confrience agreement recomnaends (; under paragraph (1), or if (Ac Secretary of Perz V. DouEMICt. t Encrgy determi tes the let'ei of contracts or BTryx 8vuus, en authorization for Nuclear Reactor Regu-options inrotring source matertal and spe-RosEaT T. starroan. lation which in each fiscal year falls be-ctal nuelcar material from foreign sources OAa7 II ART. tween the amounts recommended by the -F threatm to trapair the national accursf6. Otomar J. MITen3E House and Senate in their respective bills. the Secretary of Energy shall request the Sec-JENNINos RANDOMM. The compromise authorizes $80.700.000 retary of Commerce to inittate under sectton Afanagers on the Part of the Senate. during fiscal year 1982, and $77,000.000 during fiscal year 1983. 132 of (Ac Trade Espansion Aef of JS6J fl9 JotNT ExrtAN AToni STATEsiENT or THE The conference agreement retains the U.S.C 1862/ an intvstigation to determine OouvrTTEE or CONrrarNCE specification of $1.000.000 to be available in the effects on the national securtty of tru. The managers on the part of the House each fiscal year for tas-cooled reactors. ports of source material and special nuclear and Senate at the conference on the di,. These funds have been earmarked because material The Secretary of Energw shau co-agreeing votes of the two Houses en the the conferees believe that, in comparison operate fully neith the Secretary of Com-amendment of the Senate to the bill til'he sith light water reactors, ras cooled reac-R merce in carrytag out such an intestigalson 2330). Lo authorize appropriations to t tors are potentially advantageous sith re-cad shall make atatlable to the Secretary of Nuclear Regulatory Commission in accord-spect to safety, uranium requirements, and Commerce (Ac fandtags that lead to this re-anee with section 261 of the Atomic Energy quest, the basis for them and such otArr in-Act of 1954, as amended, and section 305 of cooling u ater requirements. formation that teill assist the Secretary of the Energy Reorganization Act of 1974. as Based upon a review of the NRC's current t Commerce in the conduct of the inrestipa-amended, and for other purposes submit the regulatory needs for the fast breeder reac-r i (ton. follosing joint statement to the House and tor program, the agreement reduces from f ij (U The Secretary of Commerce shall, in the Senate in explanation of the effect of $ 6.500.000 to $6.000.000 the maximum g the conduct of any int'estigation requested the actlen agreed upon by the snanagers and amount arallable for lkense review work re-by the Secretary of Encray pursuant to this recommended in the accompanying confer. lated to the fast breeder reactor (i.e Clinch r River) project. Also, the compromise re-r
- 3) scetion, take into accotant any trtformation enu repwt; quires that in the event of a termination of made arcilable by the Secretary of Energy.
?j including an assessment of whether project. Total FRC aUTHoatzattoN g [] cd or czecuted contracts or options for Section 1 of the conference agreement au-nated for this purpose are to be und only ei source material or special nkelear material thorizes the appropriation of funds for the for NRR safety technology activities. NRR's p [] from foreign sources tArcaten to impair the salaries and expenses of the Nuclear Regu-safety technology activities include sork in national security or schether domestic pro-latory Commission (NRC) during thcal the following areas; unresolved generic g, p1 duction capacity ts st4ffteient to supply pro-years 1982 and 1983. safety issues; generic issues; risk assessment; Subsection 1(a) of the agreement author-research and standards coordination; oper- [j jected national security or defense require. izes a total of $485.200.000 for fiscal year I* "t51 No sooner then 3 years follou-ing com-1982. and $513.100.000 for fiscal year 1983,
- [' ]
,h[ " [, -- men ts. q For each fiscal year, the tao houses recom-f j plction of any intestigation by the Secretary nance
- I-cf Commerce under paraproph (Jf, tf no ree. mended differing total funding levels for The table below summarizes various au-b ommendation has been snade pursuant to the NRC. The conference agreement incor-thorization levels recommended for the sch studyfor trade adjustments to assist or porates the lesser of the tuo total authori-Office of Nuclear Reactor Regulation.
zatJon acvels for each of the fascal years; the ( f' protect domestic urunium production, the b Secretary of Energy may initiate a request effeet is to use the Senate-approved authort-l for another such investigation by the Secre-s.ation for FY 1982. and the House approved tary of Commerce, creept that restrtettons total for FY 1983. For FY 1982, the authort. d or contracting under subsection f. shall not tation total is in excess of the amount ap-Its2 13u D{I J Ir take effcet by reason of such additional in. pro 7riated for NRC under Pub!1c Law 97-88. restigation unless the Secretary of Energy For fiscal year 1983, the amount authorized W ames serv re inn 1991_ 5r5 u0 000 s'e m e h 'I a 2-93 M "N"MD [d M f[$ NN SM Ql determines that netc information related to for the agency is in excess of the amount re-Il A national security requires that contracttng quested in January 1982 by the Administra-u be suspended pursuant to subsection f. tion for the NRC. towru weeren se,1m n occ x0 The table below summarizes the various b 7 in order to protect essential security in. 4 f. Ic'ests of the United States spon the initi. total authorization levels recommended for is 4; affon of an investigation under subscetton NRC. InsrtcTroM AND tarometurMT r-
- e. to determine the effcets on the national se-Paragraph 2 of subsection Ita) of the con-u-
p 19 curtty of imports of source material or spc-ference agreement authorizes funds for the W Pa-Office of InspectJon and Enforcement tI&E) to 7 cial nuclear material pursuant to section during fiscal years 1982 and 1983. )r k 232 of the Trade Expansion Act of 1962, it pa2 nu n shall be unfateful to crecute a contract or The Itouse bill authorized 861.513,400 for I option contract resulting in the import of g,,,e i,ta-om 19u __,_ sawso tucacc300 I&E during FY 1982, and $62.564.600 for the it i cdditional source materic2 or special nucle-E eew sm wwy 1952 _. -- US MJo program in FY 1983. The Senate amend-p- P w ment recommended an authorization for 'd ( r material from foreign sources, tahich ts tygsa f a ,[g yQ M,g,p cm ~ihf3Geo the Office of Inspection and Enforcement t'ttended to be used in domestte utiltratton i-aq s &J c m e, $ m tu sc. of $62.000.000 in FY 1982 and $70.270.000 of
- j facilitics licensed, or required to be licensed, tt under dction 103 or 104 b of this Act This nsn _ _
satno sx ste a durin8 FY 1983 N8" WM MM (f tj prohtbittore stall remain in effect for a The conference agreement authorizes r. f period of inco years or until the President $62.900,000 for 1&E during fiscal year 1982. 'e-has taken action to adjust the importation MUcLEAR REAcTom protttation This amount is equal to that approved in the Senate amen iment and is the higher of m } of source material and spectal aucicas mate ^ Paragraph 1 of subsection Ita) of the con. rial so that such imports act21 not threaten to ference agreement authorizes funds for the the differing amounts approsed by the two es houses in their respective versions of the g impatr lhe national securtty, tahichcocrfarst NRC's Office of Nuclear Reactor Regula. sie authorizing legislation. The conferees be-occura. I j# (21 The table of contents for such chapter tion tNRR)'e bill authorized $74. 097.800 for lieve the higher authotization lesel in this F' The Hous o-14 is amended by adding thefollotcing at the NRR in fiscal year 1982, and $76,714,400 in case sill help to expand the resl< tent inspec- .r g ^#"O fiscal year 1983. The 1touse also specified tor program. upgrade quality assurance and la
- Sec.170B. Uranium supply.".
that up tn $1.000.000 in each fiscal year was quality control functions, and establish an 0/ And the Senate agTee to the same. available to accelerate the effort in gas, investigathe office responsible for rigorous ~ l ? Mo UpatL cooled thermal reactor preapplication investigations of failures and alleged break. s downs of the NRC inspection and enforce-II~ I' JoN ATH AN R. ErwCHAM.
- review, be Jonw F.Strarmtzno.
The Senate amendment authorized ment program. e d8 EDwann J. M ARKEY. $85.100.000 for NRR during fiscal year 1982, The conference agreement authorizes he JOHN D. DINorLL, and $78.280.000 during fiscal year 1983. The $69.850.000 for I&E during FY 1983. This g' Rienamn OTTtusta. Senate amendment, like the llouse bill. amount falls bet Acen the recommendations U Tost MorrrTT. specified that an amount not to exceed of the I!ouse and Setate for FY 1983. In C MANt'EL LcJan. Jr-, $1,000.000 in each fiscal year be available to The availability and use of funds for a nu. DAN MAamtoTT. accelerate the effort in gas-cooled thermal clear data link system is not addressed in (] ch Jawts T. BaoTHILL. reactor preapplication review. The Senate paragraph 2 of subsection 1(a). This matter Q t.' 4 i 6 1, n
t 7 H 7676 CONGRESSIONAL RECORD - HOUSE September 28,1S&t is treated separately in section 8 of the con-Senate amendment specifies that up to raoomAM TsCHNicAL sUrroRT ference agreement. $3.500.000 in FY 1982 and 84.500.000 in FY Paragraph 5 of subsection 1(a) of the con. The table below summarizes the authort-1963 of the amounts authorized are asalla-ference agreement authorses appropri. zation of funds for the Office of Inspection ble to accelerate the effort in gas-cooled attons for the agency's Program Techmcal and Enforcement. thermal reactor safety research. Further, Support (MS) function. the Senate amendment designated an The House bill authorized appropriations amount not to exceed $20.000.000 in each for FI'S in the amounts of $18.757.200 for M *- fiscal year to be used for fast breeder reac-fiscal year 1982. and $20.197.800 for fiscal 1932 1983 tot safety research-year 1983. The Senate amendment author. The conference agreement authorizes ized $21.900.000 for PTS in FY 1982 and not west namid awv itsI _ sltsauoc 5?Ove m $240.300.000 for fiscal year 1982 and $ 20.610.000 for that budget function in FY N $wsus f ~ttet 6156aag $8g $257,195.000 for fiscal year 1983 which may 1983-517;7uneobnomeun 30.19:22 62 em 70 ve 300 be used for Nuclear Regulatory Research. The conference agreement authorizes an Cuacm arma 62 moot 6995c ooo In each fiscal year the total amounts au. amount equal to that approved by the thorized for Nuclear Regulatory Research Senate. 821.900.000, for FY 1982; and, an amount equal to that approved by the subsumes fu ds authorizgd for Standards Development. The conference agreement House for FY 1983.420.197.800. NUCLaAR REATERI AL sarTrY aND sAFEGUnkDs Paragraph 3 of subsection 1(a) of the con-adopts the authorization level for FY 1982 A summary of the authorization for Pro-ference agreement authorizes appropri-that was originally approved by the Senate. gram Technical Support is presented in the ations for NRC's Office of Nuclear Material The authorization level for fiscal year 1983 table below! Safety and Safeguards (NMSS) for FY 1982 falls between the differing amounts ap-p W the House and SenaW - ,, m, he lo bill authorized $45.766.000 The conference agreement allocates up to during FY 1982, and 847.059.600 for FY 1983 to be appropriated for NMSS. The Senate 83.500.000 in FY 1982, and up to $4.500.000 19s2 1983 amendment authorized 838.500.000 for in FY 1983 for the purpose of accelerating NMSS in FY 1982, and 848.020.000 e nr.s the effort in gas-cooled reactor safety re. nac nonst Manse hwv 19:1_ 51914c 000 s.'e sio xo $ Q',',"gNe,%,, 9sbw NN FY 1983. search. This designation of funds to be s ma The conference agreement for FY 19 : is available for gas-cooled reactors is identical 51297 mesmo n m um Rtwa_ 219x m amos $42.000.000 for NMSS; an amount that a 1:> to the provisions that appeared in H.R. 2330 cance armem fim 000 20W 64 proximately midway between the authorua. and S.1207. tion levels approved by the respective Based upon a review of the NRC's current mRAnt mazenon aND amntsinArnoN houses. The conference agreement also su-regulatory research budget na* 3s for the thorizes $47.059.600 for NMSS during FY fast breeder reactor program Wredominant. Paragraph 6 of subsection 1(a) of the con-1983. an amount equal to that authorized by ly for the Clinch River project), the confer, ference agreement authorizes fupds during the House bill. The authorization recom-ence agreement reduces the amount set fiscal years 1982 and 1983 for the Commis-aside with'n the RES line item for fast alon's Program Direction and Administra. mendations for NRC's Office of Nuclear i Material Safety and Safeguards are summa-breeder reactor regulatory research from tion (PDA) budget function. The House bill autt'orized $40.846.400 for rized in the table below. 820.000.000 per year to 818.000.000 per year. The conferees intend that the funds ear-PDA during fiscal gear 1982, and $41.797.000 marked for breeder reactor regulatory re-for fiscal year 1983. The Senate amendment authorized $37.000.000 for PDA in FY 1982. FE8 p-search will help prepare the NRC for re-1982 1983 viewing and acting on applications for 11-and $42.650.000 during fiscal year 1983. The conference agreement authorizes censes to construct and operate a breeder 8 88 nec geest memesa mw,191_ _ sasJoc. coo sas c2cm reactor. as well as subsequent regulation of D ht 37 mooo the facility. The conferees expect the Com-nec mwst merw se janur,19st _ 47 o$s500
- 841.797.000 for fiscal year 1983. The confer-45 7m wa mo casw one en i 1981).
$$ $$ mission to use the funds designated for this ("[n I) asw" *ent purpose to establish the necessvy regula-ca d ife g d a le ela a h tory program and requie ats in order tzed by the House bill and Senate amend-that any required heasmg determinations - NUCLEAR REGUI.ATORT REsEARcH can be made in a manner which provides adop ed ea o tio vel en Paragraph 4 of subsection 1(a) of the con-adequate protection of public health and ed by the House in ll.R 2330 ference agreement authorizes funds to be safety and the erwironment. The table below summarizes the Program used by the NRC's Office of Nuclear Regu-The conference agreement further pm-Direction and Administration authorization. latory Research tRES) during fiscal year vides that if the fast breeder reactor project 1982 and 1983. Under the conference rgree-is terminated (i.e., if the Clinch Rh er ment the authorization of funds for Stand-Breeder Reactor construction permit appt!- Faut sm-ards Development has been included in the cation is withdrawn or indefinitely deferred) 1982 1983 RES line-item, thereby reflecting an inter-funds set aside for the breeder reactor nal reorganization at the NRC that was con-safety research program shall be used gen-sumated following consideration by the erally for Nuclear Regulatory Research. "'C """' **"d'd 8" WI INN I'MN House authorizing committees of the Com-Paragraph 4 of subsection 1(al of the con-N 5psues bsN me i 19st L 4c sas sac mission budget request submitted in Janu-ference agreement is silent on the availabil-s 1207 uma n a um R 1984 37 m m 4M N 3## ary of 1981.The Commission budget request ity and use of funds for the loss-of-Fluid-had maintained the separation of the Test facility and program. This matter is ad-da " bu t et t R f on g p, dressed separately in section 7 of the confer-REsEARCH CRANTs AND cOorERATIVE ence agreemmt. AGREEntEwis wirH univEasri Es prior to the reorganization. The House bill authorized $227.301.200 for A summary of requests and recommenda-Subsection 1(b) of the conference agree-RES and $17.594.000 for Standards Develop-tions for the authorization of appropri-ment authorizes the Commission to use up ment during FY 1982 The House also au. ations for Nuclear Regulatory Research to one percent of the amounts authorized during fiscal years 1982 and 1983 is present-for the Offlee of Nuclear Regulatory Re-thorized $247.136.400 for regulatory re. search and $17.630.200 for Standards Devel. ed in the table below, search (paragraph 4 of subsection 1(a)) for opment in FY 1983. The House bill specified the purpose of making research grants and that of the funds authorized for each of the other research arrangements with universi-fiscal years, amounts not to exceed Faut ver-ties. Both houses had approved a similar $3.500.000 in FY 1982 and $4.500.000 in FY iter iggj provision in their respective bills. 1983 are available to accelerate the effort in The conference agmment aim incorpo-rates language from H.R. 2330 m hlch in-gas-cooled thermal reactor safety research. E wo,mt wreed Januny 1981 t ers erweres st? 9sc 000 $17 9m structs the Commission to endeasor to pro-The Senate amendment, like the confer-ence agreement, authorizes funds for RES 8'rev er**- . _.. 23L640m n21smo vide appropriate opportunities for universt-and Standards Development as a single line- *l77 M ['"'_lf @ ties in which the student body is predomi-risyn g item identified as " Nuclear Regulatory Re-Nt mo leause n was nn i19st nantly comprised of minority groups. search.** The Senate amendment (S.1207) 5*cre decess 17 591 000 17 63c 200 The conference agreement responds to a g mitg%ygg QQ Q*, situation brought to the attention of the [ Congress by the Nuclear Engineering De-authorized $240.300,000 during FY 1982 and 8270.170.000 in FY 1983 for this function. Camem ae ana 240.Jocm 2p l9sm Similar to the House bill (H.R. 2330), the partment IIeads Organization. This group is
1 i
- L1
- ;1 September JS,1SSJ CONGRESSIONAL RECORD - HOUSE 11 7677 concerned that the NRC is exercising its ex-sscriou a-CoorIRATIVE mEssAAcH aND opment of a safety goal and accompany:ng i
tstmg authority under section Jia of the MATEalAL ACx1ss AUTHOR 12ATIoM FUNDING methodologies so as to perrnit establishment i Atomic Energy Act of 1954 t42 U.S. 2051(aD Both the House bill and the Senate of a safety goal no later than December 31, to make research grants to unhersities in a amendment authorized the Commassion to 1942. In (wht of inforunation presented to c. any that unnecessarily impedes and frus-use funds received for the cooperattwe nu. the conferres indicating that the Commis-i trates the abihty of those institutions to clear pengram for salaries and expenses as-sion is alreacty conducting public hearings [ perform research for the agency. sociated sith that program. The Senate pro-on the detelopment of a safety goal. Ihe The conferees beheve that the MRC's uni-usion also authortred use of funds received compromise provision deletes that portion ' I versity grants program provides an impor-for the matertal access authortmtlan pro-of the Afo.se protision related to public i tant Yneans of obtaining high quality re-gram for salaries and expenses associated hearings. The conferees intend that the search of direct value to the agency and its whh that program. The ex nferees incorpo. Consmimon continue to solicit pubhc com-j regulatory mission. The conferees believe rated this Eenate provision in the confer-ment, and the conferees encourage the Commission to maure arnpl opportunity the NRC should continue the grants pro-ence agreement. for pubhc participation in the deselopme nt gram through an annual request for propos-srcitow s-TaAnstrRs or rpNDs of the safc(F goal. al (RFP) solicitation in the Federal Regis-The conferees adopted the Senate prott-The conference agieernent deletes from ten sion. shich differs only in certain minor the Senate amendment the references to de-While the funds authorized by the confer-technical respects from the House provision. ence agreement for university research ferral of promulgation of certain new regu-arcrton eaLIMrYArzom on sezwDING lations until after the establishment of a grants are a small part of the overall NRC AUTHORITY budget (approximately $2.5 million in each safety goal. While the conferees hate derid-r: fiscal year), the conferees believe these The conference agreement contains this ed to delete this language from the compro-funds represent a very valuable resource for provision which is identical to that in both mise, the conferees nevertheless wish to em- ) graduate student training and university H.R. 2330 and 8.1207. Dhasize the importance of early desetop-participatio'n in reactor safety technology srciton e-EMERCENCY PtAnM4Mo ment and promulgation of a safety goal. It and nuclear regulation. Both the House bill and the Senate is the vies of the conferees, therefore, that i REPRoCM AMMING AUTHORITY amendment contained pmVisions reaffirm-unless the Corr. mission determines other-l Both the House bill and the Senate ing the authority granted to the Commis-wise, establishment of the safety goal q amendment authorized the Commission to sion under section 109 of the NRC Authort-should precede development of certain new 3 zation Act for fiscal year 1980 (Pubite Law regulations referred to in the Senate jt reallocate authorized funds among pro- ) (f grams provided certain specified conditions 96-295). This authority allows the Commis-amentiment, thereby providing a threshhold fI were fuWilled. Both houses required the sion,in the absence of an approsed State or standard upon which the development of local emergency preparedness plan, to issue these other requirements could be premised. 1 i Commission to notify the authorizing com. i mittees of any intended action to reprogram an operating beense for a nuclear power The conferees intend that the definition of I more than $500.000. Both provisions spect. plant only if it determines that there exists safety goals and the regulations to achieve 3 [2 fled that the a'.:thorizing committees would a State, local, or. utility emergency prepar-them proceed in reasoned sequence to the hate thirty legislative days to review the edness plan which provides reasonable as-end that those regulations necessary to pro-Commission's proposed action. Finally, surance that the public health and safety is tect public health and safety effectively in-( under both provisions, the proposed reallo. not endangered by operation of the plant. corporate the safety goal. In addition to reiterating the intent of The conferees also reiterate their full sup-g cation of $500.000 could go forward before t Congress in enacting section 109 of PA 96-port of the objectives and policies of section f4 the expiration of the 30-day period (follow. O 295. both houses explicitly stated that, in 108 of the fiRC Authorization Act for fiscal S 6* ing submission to the authorizing commJt. the absence of an approved State or local year 1980 (Public 1Aw 96-295) related to j tees of the Commission's
- full and comple..
O . 'f statement" of the proposed action to be emergency preparedness plan, the Commis-remote siting of itilization facilities. Spe-sion must make a similar determination cifically. t ht confe*ees intend that the Com-taken)If each authorizing committee trans- } mits to the Commission a written notifica. prior to the issuance of a temporary operat-mission wrdinue to promulgate in a timely D I tion that the committee does not object to ing license. The relevent legislative lan-fashion demographic requirements for the 0 h;e guage is found in section 8 of II.R. 2330 and siting of utihzation f acilities which are inde- .the zroposed action. e.. Subsection 1(c) of H R. 2330 authorized sectten 302 of S.1207. pendent of facility design. While technical differences exist between [ f? the Commission to reallocate funds in section 8 of the Ifouse bfl1 and section 302 of 4 ' excess of $500,000 follosing the expiration the Senate amendment, the intent of both The flouse bill and the Senate amend-0 of the 30-day period only if none of the houses was the same. The conferees adopted ment each contained provisions pertair.ing + authorizing committees had oblected in the House provision which is included as to the funding of the less-of-/luid-Test fa-t i writing to such proposed action. House ap. section 5 of the conference agreement. cility (LOFT). 0 lj prosal of this requirement was linked to the Finally, the conferees reiterate and em-Section 6 of ILR. 2330 imposed restric-new 2 year authorfzation period and was phasize the congressional intent expressed tions on the arnounts and use of funds au-based on the expectation that the Commis, s l4 upon enactment of section 109 of P.I. 96-thorized to be appropriated for LOFT. The sion sould have cause to use the reprogram, 295 that ultimately every nuclear power House provision specified that not more gd ming authority more frequently than was y plant will have applicable to it a state emer-than $30 million during fiscal year 1982 [] the case when a new authcrization bill was 6 t enacted each year. The House provision Fancy response plan that provides reason-could be used to continue tests at the LOFT able hisurance that the public health and facility. The House bill saa silent on the both provided the Commission with flexibil-(I safety will not be endangered in the event question of LOFT funding for fiscal lear ity to reallocate funds, and provided the of an emergency at such plant requiring 1983. The restrictions on LOFT imposed by $f authorizing committees with a mechanism the liouse were in large part a response to for ensuring that tr.' Commission use au-protective action criticism of that prograrn by the Adsisory [' thorized funds in a manner consistent with SECTIoM S-NUCLEAR SArETY COAL Committec on Reactor Safeguards. congressional intent. Bot h the House bill and the Senate r The Senate amendrnent authorized up to Under the Senate provision, subsection 1 amendment contained provisions respecting tc) of S.1207, there was no authority vested the Commission's efforts to establish a $45 million in each fiscal year for the IDFT I? in the authorizmg committees to disapprove safety goal for nuclear reactor regulation. program. In addition, of this amount, the p such reallocations by objecting in s riting. Section 9 of H.R. 2330 timited the authort. Senate provision directed the NRC to fund i In hght of concerns raised by tte Depart-ty of the Commission to promulgate or pub-by contract alth the operator of LOFT for d ment of Justice regarding the constitution-hsh a safety goal for nuclear power reactors twenty staf f years in each fiscal year for the =- er ality of a legislative veto of the type con-prior to the completion of public hearings purpose of analyzing research results and d
- j tained in the House bill, the conferees and directed the Commission to expedite, to recommending to the Commission appropri-l-
t' adopted the Senate provision, with one the extent practicab!c. the development of ate revisions in its regulations. sr modification. The modification agreed to by the safety goal so as to allow for its estab-Section 7 of the conference agreement au-t the conferees is intended to clartly that the li.shment no later than December 31.1981. thorizes the NRC to spend up to $57 million j ). Commission is authonzed to reprogram Section 106 of S.1207 directed NRC to ex-during the period of fiscal years 1982-1983 l p f unds not only between program offices, but pedite estabhshment of a safety goal for nu-for the 14FT program. The conferees l o-i aho between specific activities sithin a clear reactor regulation.The Senate further intend that these funds be used by the Com-l 1-
- 1 smgle program of fice.
directed that, unless the Commission decid-mission to complete those tests identified by I .i. The conferees also expect that the Com-ed othersise, the safety goal sas to be the LOFT Special Review Group in its ( mission sill gi e substantial seight to writ-issued prior to issuance of regulations af-report to the Commission of February 1981. I ten comments forsarded to it by any of the fecting engineered safety features, siting re-Accordmg to information presented to the o j authorizing committees concerning any quirements, and emergency planning. conferees by the Comrnission, these tests le I-NRC pruposed action to reallocate amounts Section 6 of the conference agreement di-can be completed in facal years 1982 and p-n excess of $500.000. rects the CommiWon tu expedae the desel-1983 for $57.000.000. In aridation, the confer-is t( 9-I b t
= y H 7678 CONGRESSIONAL RECORD-HOUSE Septem er 28,1S33 5 ence agreement authorizes the Commission and data that should be available to the such funds would otherwise be subject to 1 to provide funding for up to 20 person. years Commission so that it might fulfill its emer. any applicable reprogramming require. each fiscal year for the purpose of conduct. gency role; alternative means for assuring menta. ing technical review and analysts of re. that such information and data is available 3 ascTIoM o-INTERH4 CoNsoLIDATIoM or NaC t search results obtained from the LOFT test to the Commission; and, recommended program. The conferees intend this technt. changes in the Commission's existing su-HEADQUARTENs sThrF cal review and analysis. together with ap. thority so that the appropriate Commission Section 1 of the House bill specified that propriate test results frona other test facili. role during a nuclest plant accident can be of the amount authorized for, Program Di-ties. to be used in assessing the adequacy of fulfilled. Section 5 of the House bill also re. rection and Administration" (under section the Commission's regulations (for example, quired a cost-benefit analysis of the alterna. 1(aM7) of H.R. 2330) such sums as may be Appendix K to Part 50 of the Commission's tive means for making such information necessary were available for the interim available to the Commission. Under the consolidation of the NRC headquarters regulations)$e conferees are of the view that Finally, tl House bill this study and analysis must have staff offices in the District of Columbia and. a continuation of the IX)FT program under been completed prior to any NRC request to the extent necessary, in Bethesda, Mary. the management of the Department of for NDL budget authority above the land. Energy, sponsored both financially and $200.000 ceiling. The House pmvision also Inade clear, how. m technically by an international consortium. The Senate amendment earmarked the ever, that no amount was authorized to be q may be of some future benefit. It is the con. availability of $1.000.000 to establish a pro. appropriated under H.R. 2330 for the pur. ( ferees* understanding that United States totype nuclear data link system. The pose of relocating the officers of the Com. 2 participation in such a program might in. Senate, in approving Section 101(aM2) of 8. mission outside of Washington, D.C. clude financial contributions from NRC of 1207; contemplated that the prototype The Senate amendment contained no pro. -j approximately $5 million to $10 million per would be used in developing answers to the vision similar to section 7 of the House bill.
== year for a three year program beginning following ques' ions: the specific role or roles The conferees are very concerned by the I after FY 1983. While the conferees do not of NRC Operations Center personnel in re. serious problem confronting the NRC as a authorize funding for this program in this sponding to a nuclear plant accident; the in-result of the agency's being housed in ten legislation. they are of the view that oper-formation needs of such personnel; and, a different buildings in five different loca. ation of the IDFT facility by an interna-cost-benefit analysis of alternative systems tions in Washington D.C. and suburban r tional. consortium is an option that should for satisfying such information needs. The Maryland. The conferees acee sith the [ g i be explored, answers to these questions were to have Commission's own unanimous conclusian i w been incorporated into a report to the Con. that the scattered physical location of the sEcTIoN a -NUCLsAa DATA LINE gress which included the recommendations NRC staff has a significant adverse effect Both houses placed restrictions on the of NRC on a specific system. After the on the agency's operations. The conferees amount and use of authorized funds availa-report was submitted. under 8. 1207, are aware that problems associated with b m ble during fiscal year 1982 and fiscal year $5.013.000 in fiscal year 1982, and $6.300.000 NRC's current building situation have been 1983 for the Nuclear Data Link (NDL) pro-in fiscal year 1983, was authorized for acqui-documented by both the President's Com. gram. sition and installation of a fuD nuclear data mission on the Accident at Three Mile m s C-Section 5 of H.R. 2330 specified that not link system'. Island (the Kemeny Commission) and the more than $200.000 was available under that Section 8 of the conference agreement is a NRC's Special Inquiry Group, and that the = w blu for the acquisition and installation of compromise provision which specifies that reports of both groups have called for e equipment to be used for the "small test during the period of fiscal years 1982-1983, urgent action to consolidate the agency. In w prototype nuclear data link" program pro-not more than $200.000 is authorized to be addition. the Nuclear Safety Oversight posed by the Commission. This restriction used for certain specified activities includ-Committee. in its September 26,1980 letter on the availability of authorized funds also ing, but not limited to, the acquisition and to President Carter, stressed the importance appbed to any other program for the collec-installation of equipment to be used for a of quickly achieving NRC consondation. e tion and transmission to the Commission of "small test prototype nuclear data link" The conferees note that the Congress h. '= data from licensed nuclear reactors during program. The agreement also allows the use authorized construction of a building for r abnormal conditions at such reactors. of some or all of said $200.000 for any other the permanent consolidation of the agency. [ Subsection (b) of the House provision pro-program (i.e., other than an electronic data While the conferees look forward to the day vided a procedure for the Commission and linlJ for the collection and transmission to when the Commission and its entire head- = the Congress that could have led to the lift-the Commission of data from licensed nucle-quarters staff can be moved into a single g ing of the restrictions imposed by subsec-ar reactors during abnormal conditions at building, it is the conferees' understanding = tion (a). Under this procedure the Commis-those facilities. that such a move will not be possible for at 2 y sion was required to submit a proposal to The conference agreement requires the least several years. Because the General the Congress whereupon either House of conduct of a full and complete study and Services Administration currently has no 2 Congress could have rejected the proposal analysis of several fundamental questions plans for the commencement of construe-during a 60-day period following such sub-which the conferees believe are material to i tion of an NRC headquarters building 2 mission. If neither House rejected the Com-any future Commission decision to proceed before 1984. the conferees strongly support Er mi.ssion proposal then upon conclusion of with the development of a nuc! car data link an interim consohdation of the Nuclear the 60 day period the Commission was em-program beyond a "small test prototype nu* Regulatory Commission headquarters staff powered to initiate its proposed action. The clear data link." These specific questions are 1 E Commission also was authorized to initiate set forth in subsection 8(aM2) of the confer- '? offices. Section 9 of the conference agreement au- [ lta proposed action before the expiration of ence agreement. [ said 60-day period, only if both Houses ex. Subsection 8(b) of the conference agree-thorizes the use of such sums as may be nec-essary during fiscal years 1982 and 1983 for pheitly approved such proposed action. ment requires the Commission to submit to such an interim consolidation The confer-Under section 5 of the House bill. para-Congress a " detailed report" on the resulta F graph (2) of subsection (b) specified actions of the study and analysis required under ence agreement also prohlbits the use of any authorized funds to relocate the offices p the Commission must take prior to submit-subsection (aM2). In addition, subsection 8 of the Commissioners outside the District of ting a proposal to the Congress. Under this (bx2) prohibits the Commission from taking L paragraph the Commission was required to action pursuant to such report until the Columbia. The conference agreement ap-plies only to interim consolidation of the conduct a full and complete study and anal-authorizing committees have had a period ysis of the issues involved, and prepare a de-of sixty calendar days to review the Com-NRC, and does not foreclose from further talled report of the results of such study mission's proposed action. While the confer-consideration any proposal for the long-and analysis. The paragraph also required ecs do not intend to establish a mechanism term solution to the agency's buRing situs-that any Commission proposal submitted to by which further action by the Commission tion. the Congress under this section was to be may be vetoed by individual committees. the arcrrow somarz mu ts!.AND accompanied by such report. and a " concise conferees expect the Commission will give The House bill included three separate -a statement"(based upon such report) setting substantial weight to any comments pro-provisions related to the NRC's activities forth the reasons and justifications for the vided by those committees on any such pertaining to the Three Mile Island (TMD ~. = proposal. ' action proposed by the NRC. With this in nuclear power station in Pennsylvania. H.R. 2330 also specified minimum require-mind. and in response to concerns raised by First, section 10 of H.R. 2330 explicitly ments for the issues that were to be ad-the Department of Justice. the conferees prohibited the use of any funds authorized dressed in carrying out the study and analy-agreed to omit from the conference agree-by that bill for the purpose of decontamina-sis referred to in paragraph (2) of subsec-ment the legislative veto that the liouse tion. cleanup. repair. or rehabilitation of the tion (b). The House required that the Com-had included in section 5 of H.R. 2330. Three Mile Island Unit 2 (TMI-2) reactor mission " study and analysis" of the NDL in. Tne conference agreement does not restrict which was severely damaged in an accident clude, at a minimum: an examination of the the use of fiscal year 1981 carryover funds on March 28. 1979. The liouse bill further -s appropriate role of the Commissioners for activities under section 8 of the confer-provided that this prohibition does not r during a nuclear plant accident;information enee agreement. except insofar as the use of extend to expenses incurred by the NRC in - } ---n
g U 7 September 28,1982 CONGRESSIONAL RECORD-HOUSE H 7679 { carrying out its responsibilities to protect Section 12 of H.R. 2330 gave the Commis-sion of any information indicating that the public health and safety. The Senate slon authority to issue temporary operating licensee was not complying with the terms amendment did not contain a similar provi-licenses (TOIA) for nuclear generating sta-of the interim operating license. Similarly, I' sion. The conferees adopted this House pro. tions in advance of the ccnduct and comple-the Commission was required to be an-7 vision and incorporated it in section 10 Cf tion of hearings required under section 189 formed if the terms of the interim license and 192 of the Atomic Energy Act of 1954. were not adequate. The House bill had no P-the conference agreement, P" Second. subsection 10(c) of the House bill as amended (42 U.S C. 2242L The House similar requirement, l directed the NRC to enter into a memoran-provision invoked the existing authority and The Senate amendment directed NRC to it dum of understanding with the Department procedural requirements of section 192 of adopt administrative changes that would of Energy specifying agency procedures for the Atomic Energy Act, and thus did not di* minimize the need for issuance of interim i f' the disposal of radioactive materials result. rectly amend existing law. operating licenses. H.R. 2330 had no such di-Section 201 of S.1207 amended section rective. k. ing from the clean-up of TMI-2. The origi. 192 of the Atomic Energy Act of 1954. and Both the House and Senate intended that C P nal Senate legislation, as reported by the ( Senate Environment and Public Works explicity amended existing procedures the Commission s authority to issue tempo-i f Committee, contained a similar provision, under section 192 for the issuance of a tem-rary operating licenses should expire at a but this provision was deleted during consid-porary operating license
- time certain. The Commission's authority i
The House bill required that a TOL first under the House bill ended on September o
- 1 erstion of S.1207 by the full Senate. The be limited to no more than five percent of a 30,1983. The expiration date under S.1207 a
conferees have been advised that the NRC power reactor's rated full thermal power. was December 31.1983. f, and DOE. on March 15.1982 entered into a The Hopse provision allowed. subsequent to Section 11 of the conference agreement memorandum of understanding which sets the issuance of a 5% TOL, and contingent amends section 192 of the Atomic Energy r forth the respective responsibilities of the upon licensee application and Commission Act of 1954 (42 U.S.C. 2242) and grants the 5 two agencies for removal and disposition of approval, the plant to operate at levels up Commission authority to tasue a temporary g' the solid nuclear wastes from the cleanup of to and including full power. The Senate operating license for a utilization facility re-g TMI-2. Accordingly, the conferees have amendment incorporated a similar step-by. quired to be licensed under section 103 or h. agreed to omit the House provision. At the step TOL (with an initial upper limit of five 104 b. of the Act. The agreement specifies = same time, however. the conferees intend percent power operations) permitting the that an applicant may petition the Commis-g{ that the Congress be kept fully apprised by possibility of scendency to full power prior sion for a TOL suthorizing fuel loading, re-yj the NRC of all acthitles undertaken by the M actor testing, and operations at a specific )d, NRC and DOE of a collaborative nature unde sect on 8 of t e At Ene y p wer level to be determined by the Com-with respect to the cleanup of TMI-2. The Senate amendment required filing of mission. The conferees intend that the ap-3g Therefore, in lieu of the requirement con-a State. local, or utility emergency prepar, plicant cannot undertake any such activities tainea in subsection 10(c) of H.R. 2330. the edness plan prior to petition by an applicant until final favorable action by the Commis-g conferees have included in section 10 of the for an interim operating license ~ Section 12 sfon on the TOL application. The confer. {4 conference agreement a provision directing of the House bill contained no similar re. ence agreement also specifies that the ini-t .j the NRC in its annual report to the Con-quirement. The House did provide in section tial petition for a TOI. and any temporary 6 T6 gress, to include a separate chapter discuss-8 of H.R. 2330. however. that the Commis. license iss by Commiss n u ant sion was to determine prior to issuing a TOL i the bill included a provision t at emer cy pre ess p an ,b (section 14) barring the NRC from any will-D rated full th'rmal pow'F-t- ful release of radioactive waste water from that public health and safety would not be n r e conf rence agr men c II' TMI-2 into the Susquehanna River. The endangered by pl operating under a E/ Senate amendment did not contain a similar Senate amendment, the conferees intend E c provision. The conference agreement in-S.1207 required NRC to publish notice of the any TOL, a hether for initial operation a petition for an interim operating license. at 5% of full power or for operation at a of th o lon. nd o 4 Under the Senate amendment any party H R. 2330. NRC was prohibited from using was allowed to file supporting or opposing higher power level. would be issued or amended only upon a vote of the Commis-affidavits within 30 days of such notice. By sion Itaelf. The conferees intend that the les e of radio e wa er ul gi reference to the existing section 192 of the ^ d the accident at TM1-2. The conference Atomic Energy Act the House provided authority to issue or amend such licensea. or to make findings required by subsection b. _E 7 agreement modifies this language for the that any party co"'t.i file supporting or op. may not be delegated to the NRC staff. e h posing affidavita within 14 days of the filing The conferees believe that the circum-lo oes n t e d o ut e g of the petition. The House provision also stances which gave rise to the need for sec. k1 of radioactive water from the Three Mile empowered the NRC to extend this time by tion 11 of the conference agreement. (in-7i Island Unit 1"ees intend the prohibition in 10 days. The confer JLR. 2330 required the Commission to cluding primarily the temporary reassign-ment of NRC staff from lleensing review subsection 10(d) of the compromise agree-hold a hearing on the issue of whether or work to post Three Mile Island safety M ment to be narrowly limited to " accident-not to grant a temporary operating license. generated water." The conference agree, Under the House bill, such hearing, which reevaluations) were unique and will not ment references the definition of this e uld be held after the issuance of the TOL, recur in the foreseeable future. As the Com-mission itself noted in its March 18. 1981 phrase contained in the Commission's Final could be consolidated with the final operat. letter submitting proposed legislation to su-Programmatic Environmental Statement ing license hearing held by NRC pursuant (NUREG-0683, page 1-23). The conferees do to section 189 of the Atomic Energy Act. S. thorize the issuance of temporary low-power j not intend this provision to apply in any 1207 did not require a hearing on the issu. operating licenses, such legislation repre-senta an " extraordinary.and tamporary cure fashion, to discharges of radioactive waste ance of an interim operating license. i water which do not fall within this defini-The House provision required NRC to for an extraordinary and temporary situa-ind, prior to lasuance of a TOL that the 11 tion. In addition, the conferees expect the t at e ad pti n of is o ist n in y censee would not retire or dismantle any of Commission to use this period to continue 'I 4 way implies that routine discharges f' rom its existing generating capacity because of to review its operating license and case man. other commercial nuclear po'*r reactors the new capacity provided by the facility to agement procedures. and to make such i I which meet all applicable standards or re-be granted the temporary license. The changes as may be needed to increase their quirements pose an unacceptable risk to the h to section 192 of the overall efficiency without restricting the g Senate ameW'Act did not contain this re-rights of the public to raise and have re-Atomic Euergy al y the"c nfer'e a reco n ta RC solved the legitimate safety and environ-strictJon. staff studies and analyses will continue to The Senate amendment did require the mental issues which accompany the con-i evaluate alternative means for the dispost-Commission to make a finding, prior to issu-struction and licensing of nuclear power-l' tion of the water as a necessary step in the ance of an interim operating license, that planta, cleanup. Those studies are, in the view of dental of such license would result in delay The conferees caution that in no way the conferees, potentially useful to the in the initial operation of the facility (due should the conference agreement be inter-J il Commission as it endeavors to fulfill NRC's t c mpletion of the plant's construction preted as a determination by Congress that responsibility to protect the public health prior to the completion of the section 189 Any particular facility is presumptively and safety' public hearings required under the Atomic ready to operate, or has a valid legal claim o sEcTIoM 11-TEMPORARY OPERATING a! CENSES Energy Act). The House bill contained no to begin operations once construction is Both the House bill and the Senate similar requirement. completed. Under the agreement, a TOL kgy amendment granted the Commission new 8.1207 included a provision directing any cannot be issued before a!! significant safety limited authority to issue temporary f or "in-party to the final operating license proceed-Lssues soccific to the facility in question terim") operating licenses for nuclear power ing, as well as any member of the Comn.is-hree been resolved to the Commission's sat-j p ', reactors if certain conditions were fulfilled. ston's licensing board, to notify the Commis-isfaction. Paragraphs (1) and (2) of subsec-g- L al i mn
11 7680 CONGRESSIONAL RECORD-HOUSE Septcmber 28,1982 tion b of the conference agreement are in-amendment explicitly preconditioned the he House did not include any similar tended to assure that, based upon all the in-Commission's authority to issue and make immediately effecthe license amendments formation available to the Commission. the intohing io significant hazards considera. he conferees rejected the Senate provi-Commission is able to find that the facility a amending the Atomic Energy Act, and tion on promulgation by NRC of standards sould meet all requirements of law (other than the conduct or completion of any re-for making the no significant hazards" de. eed instead to authorise such sums as r be necessary for the Commtazion to termination. quired hearing) necessary for the issuance The conferees adopted a compromise pro duct a study of the financial hardships of the final operating license. Vision (section 12 of the conferen:e agree arred by resident inspectors as a result Subsection 11(d) of the conference agree. (1) certain Commission regulations ment directs the Commision to adopt such ment) shich amends section 189a. of the Energy Act of 1954 (42 U.S.C. ch require resident inspectors to relocate Atomic administrative reniedies as it deems appro. 2239tal). Under the conference agreement, lodically from one duty station to an-priate to minimize the need for issuance of er and. (2) Commission requirements in-the NRC may issue and make immediately temporary operating licenses. This subsec. effective 4 no significant hazards considern. ded to assure that a confhet of interest l-tion reflects the conferees' expectation that tion ammdment to a facility operating 11. appearance of such a confllet of inter-a TOL should be a last resort remedy, to be cense before holding a hearing upon request e does not develop as a result of a resi-employed only shen no other alternathe is of an interested party. The Commission.t inspector either living near licensee available. This subsection envisions that the may take such action only after (in all but aloyees, or commuting to and from worlL NRC sill adopt such remedies pursuant to (1) consulting sith s licensee employees. Section 15 of the-i emergency situations). lts current statutory authority, and is not the State in ahich the facility is located, ference agreement directs the Commis-intended to confer any additional authority and (2) providing the public with notice of a to report to Congress on the resulta of upon the NRC beyond that it now possesses. the proposed action and a reasonable oppor.. study. l In addition. the conferees expect that any administrative remedies adopted to mini, tunity for comment. he conference agreement is responsive to 13(b). In uncertating the puos prv tweerns raised in a May 6,1982 letter to mize the need for issuance of TOL's shall n the Commission must include the use the conferees from the Administrator of the l not themselves infringe upon the right of ' independent inspectors" as described General Services Administration (GSA). l any party to a full and fair hearing under er paragraph (5) of subsection (b). BY The Administrator expressed the view that the Atomic Energy Act. The conferees osing the requirement that the pilot relocation problems are government wide. intend that the Commission shall notify the Kram shall include programs that use an and not unique to NRC resident inspectors, Cc,ngressional committees listed in subsec lependent inspector." the conferees do Also. it is OSA s opinion that government tion ll(b) of the conference sgreement of mean that the Commission,in undertak-cars should not be used to compensate Fed-all administrative remedies that it proposes the pilot program. should place lesser eral employees for unusual expenses of to adopt in accordance sith subsection phasis on the review and evaluation of their jobs. The conferees expect the Com-11(d). g ms incorporating the concepts in para" mission to address the OSA concerns LD the sECTIon 32--orERATING LICENSE AMENDMENT phs (1) through (4) of subsection 13(b). study and report to Congress required by HEARINCs iTHE "sHoL1Y'* rRoVisloNI he conference agreement stipulates that section 15 of the conference agreement. The House and Senate each granted the pilot program shall include at least one The conferees also call the C(mmission's Commission new authority to approve and. at whleh quality assurance and qualitF attention to page 9 of the " Follow-up Audit I make immediately effective certain amend itrol programs have operated satisfactort-og otA s December 1979 Report Entitled ments to licenses for nuclear power reactors. and shall include at least two sites "at " Review of Continuing implementation of upon a determination by the Commission ich major construction, quality assurance NRC's Resident inspection Program', July that the amendment invohed no significant I quality control deficiencies... have 1982" which was forwarded to the confer-n identified in the past." The conferees enee committee by the Commission on July t n o e ouse established this new Commission authority'in a provision t es latter t o si es fe f r gu ce en a on of C' ff of t e I that did not amend existing law.The Senate the testimony of the NRC Executive Di-spector and Auditor was that the Commis-amendment granted the Commission perma-tor for Operations before the House sion should "etther develop a legislative pro-nn aut orit by amending the Atomic nmittee on Interior and Insular Affairs posal.... or (find) alternattric methods" to November 19.1981. reimburse resident inspectors relocation Under H.R. 2335 the Commission's new bsection 13(d) requires that the Com-costs (emphasis added). The conferees l ~ authority was limited to amendments to nu-i rep rt to Congress (within fifteen expect the study and the report to Congress clear power reactor licenses. The authority thz of enactment of this Act) on the re-authorized by section 15 of the conference under S.1207 was broader and extended to ts f the pilot program. agreement to give full consideration to such amendments to licenses for all facilities 11- " alternative methods" of compensation. sect 2oN 14-LIMITATIoM oN THE UsE or censed under the Atomic Energy Act. The House specified that NRC could ap-srECIAL NUCLEAR MATERIAL, The Conferees believe the NRC's resident' prove and snake immediately effective a 11. ection 207 of 8. 1207 amended the inspector program significantly enhances the agency's ability to monitor licensee's cense amendment only after notification of )mic Energy Act to prohibit the use of cornpliance with the Commission's regula-the State in which the facility was located. cial nuclear material (or, spent fuel) tions on a day-to-day basis. For this reason. Also. the House required the Commission mlicensed nuclear power reactors for the the total funding requested by NRC for ( "s hen practicable" to consult with the duction of nuclear explosive devices, fiscal years 1982 and 1983 to be used for per-State before issuance of an amendment. L 2330 had no equivalent section. sonnel experu,es due to expansion of the The Senate requ' red the Commission to 'he conferees agreed to include the resident inspector program. consult with the 8'. ate in which the facility late provision in the conference agree. mas located when determining whether or nt. SECT 1oN is-SABOTAGE or NUCLEAR rAcILITIEs CE NEL not an amendmeit involved a significant sECrioN 1s-RESIDrNT INarECroRs at the request of the Commission, the The Senate amendment contained a provi-aate amended the Atomic Energy Act to sion amending section 236 of the Atomic ed NRC p m Iga thi da criteria for providing prior notice and public hgy M M W. W Mng a m Msee-comment on such determinations and proce morize N to reimbse EU or part of tion b. that subjecta to criminal penalties i- ? expenses of resident inspectors incurred 'i dures for consultation with the affected relocating between two NRC duty sta. any person who intentionally and willfully State ns. In addition section 205 of S.1207 spec-causes or attempts to cause an interruption Section 11 of the House bill directed NRCed that the Federal Government would of the normal operation of any facility spec-e I to publish periodically (at least every 30 y expenses related to travel ud t* anspor. itied in subsection 236b., through the unau-days) notice of amendments issued or pro tion t and from work. thorized use of, or tampering with, the ma-posed to be issued using the immediate ci Spec 1hcally, section 205 of the Senate chinery, componenta, or controls of such fa-fectiveness authority; the nuclear power re-would have amended the cility, actor concerned; and, a brief description of;sendmentomic Energy Act to allow NRC to reim. H.R. 2330 contained no similar provision. the amendment. The Senate, in its reporttrae resident inspectors for: (1) points or The conferees agreed to include the accompanying S.1207, directed the NRC toortgage loan origination fees; (2) interest Senate provision in the conference agree-submit a monthly report to Congress on the ment. The conferees intend the phra.se "un-exercise of its authority under this provi.1
- bridge" or " swing" loans; and. (3) title surance. In addition. S.1207 sould have authorized use" to mean use without per-mission of the licensee; the word " tamper-sion.
The House bil' directed the NRC to pro. tabled resident inspectors to use govern-E ing" to mean altering for improper purposes mulgate standards (within 9n days of enact ent cars for daDy commuting to and from I ork.The Senate authorized appropriations or in an improper way; and the phrase "in-ment) for determining whether or not an $1.162.000 in fiscal year 1982, and terruption of normal operation" to mean a amendment to a license involved no signift. E hazarda consideration. The Senate,129.000 in fiscal year 1983, for these pur-cessation of actual production, utilization. t l8 cant or storage operations which. If accom- )ses-
mr H 7682 CONGRESSION CORD - HOUSE September 28,1M.*, plished, will result in substantial economic le cost of'apo .andards In addi-asessing and controtting the risks posed by harm or cost to the licensee. The conferees tion, the Sensk
- n pw ded EPA uranimum mill tallings and developing gen.
do not intend, hosever, for this provision to with flexibility ur Fe ~aste Dis-eist environmental standards only if a avgw apply to demonstrating, picketing, or other posal Act to consi e
- rnstances latory program including EPA can be imp 4 concerted labor union acthities that may associated with uras.
-utings. mented with certainty and in a 1.imely have the effect of exerting economic pres. Second. the Senat ' suspended manner. To date. EPA haa failed to meet sure upon the licensee. NRC's regulations, s h. ..e tasued in ad-this Congressional mandate as it was first Vance of EPA's standarus, until EPA pro-spelled out in UMTRCA. sEcrioM IT-DEPARTMENT or gNERbT mulgates its standards. Within 90 days of Accordingly, the conference agreement em rwroRurT1on promulgation by EPA of final standards, the tablishes new deadlines for the promulga-The Senate amendment included a provi-Senate provision directed NRC to initAate a tion by EPA of general environmental sion amending the existing section 148 of rulemaking proceeding to conform its res-standards. Specifically. EPA is directed to the Atomic Energy Act. That section cur-ulations to those standards. Pending pro-promulgate the following standards by the rently authorizes the Department of Energy mulgation by the NRC of its regulations, dates identified: to prohibit unauthorized dissemination of the NRC was barred from implementing or Final Inactive Site-8tandards-October 1. certain unclassified information. The House enfotving any of its current regulations but 1982: considered no comparkbic provision. was aHowed to regulate uranium min actie Proposed Active Site Standards-Octnber The Senate amendment made three ties on a case-by case bams as necessary to 31,1982: and changes in the existmg section 148. First, b the Senate provision amended subsection P} d. e Sen p s n larified that 148a.(1) to make it clear that the authority NRC has the authority to consider all rele-It is the intent of the conferees that EPA of t?te Secretary of Energy to aithhcid in-V make esery effort to allocate those re-formation under this subsection is hmited to h alth a d sai an the e tro en sourtes necessary to ensure that the forego. certain narrowly-defined categories of infor-
- m. ell as economic cost in developing its ing deadlines are met. In this regard, the mation related to atomic energy defense standards. For entsting uranium mills, the conferees note the assurances of the Admin-programs. The specific categories of infor-Senate provision authorized the NRC to 1strator of EPA contained in a letter to the mation are set forth in subsection po conferees of April 28,1982, that these dead-cons ce 148a31M ANC). By inserting the. phrase y
i on el d the lines are, in fact, achievable. vwith respect to atomic energy defense pro-authority of Agreement States that elect to Should EPA fall to meet the deadlines set grams, the Senate intended to ensure that regulate uranium milling actJvities to adopt forth for the promulgation of final general the authority conferred upon the Depart-alternatives to Federal requirements if the environmental standards, the conference ment of Energy under section 148 author-States find tbst the Federal requirements agreement includes specific directions on tred only the withholding of information are not practicable under local cond! Lions. the actions that are to follow. Section that (1) falls within one of the three catego-The provision specified that NRC rnay not IPf ax1) prosides that, if EPA falls. to pro-ries specified in subsection 148aT1xANC). reject any such State findings that are sup. mulgate final inactive site standards by Oc-amf (2) is related to the Department a ported by substantial evidence in the record, tober 1,1982, all action required of the Sec-atomic energy defense prograrns. unless the NRC finds that the State alter, retary of Energy under title 1 of UMTRAC Second, the Senate amendment added a native fails to provide adequate protection shall be taken in accordance with EPA's new subsection "e" to section 148, requiring to the public health, safety, and the enti, proposed inactive site general environmen-the Secretary to prepare a quarterly report ronment. Such NRC action may only be tal standards (published at 46 Federal Reg-detailing the secretary a application of Sec-taken in accordance with the notice and ister 2556 on January 9,1981), until such tion 148 during that period. The informa-hearing provisions of the Atomic Energy time as EPA promulgates final inactive site tion to be contained in this report, which is Act. Upon promulgation by NRC of its regu. standards. EPA should continue in its ef-to be made available upon request of any in-latory requirements, Agreement States sere forts to promulgate final inactive standards terested program, was set forth by the given six months. under the Senate provt. as soon as possible and, upon promulgation. Senate in subsetion 148a. (D-(3),
- sion, to issue such amended State require, the conferees intend that the Secretary of ments as may be necessary, NRC may termi. Energy's actions, as required under titJe L Senate provision in the conference agree-nate a State's authority after this period be taken in compliance with such final ment, subject to one clarification. Namely, only by following the notice and hearing re. standards. To the extent practicable. DOE the conferees do not intend that DOE,in quirements of the Atomic Energy Act, should make every reasonable effort, in preparing the report required under subsec-Fifth, the Senate provision clarified that complying nith EPNs proposed standards, tjon 148e., identify the actual information NRC retains authority in Agreement States to take those actions required under tJtle I to be sithheld under this provision. These to evaluate compliance with Agreement which will, upon promulgation of EPNs reports shou!d i1) identify the type of Lnfor-State requirements, but n3t to impow addi. final standarda, be least likely to be disrupt-mation withheld, (2) provide a statement tional requirements ed. In addition the conferees note that, for justifying the tithholding of the inforIna-Fmally, the Senate provision authortrxd tion, and (3) provide assurance that only the NRC to exempt land in which tallings have purposes of the ~7-year clock" for the com-minimum amount of informatfort is being been employed as backfill in underground pletion of cleanup, DOE's time begins to
- withheld, mines from the ownership transfer provi. run October 1.1982, If EPA falls to promulgate final active site sWrloMs 1s, 3 9, 30, aND s1-CaA91U481sII.L sions of the Act.
standards by October 1.1983, section (aM3) mmca The House bill did not contain any prov1 The Senate amendment contained a sions related to uranium rr.ill tailings. of the conference agmement provides that number of proviMons relating to implemen-The conferees have agreed to a compro-the authority of EPA to promulgste such tation of the Uranium Mill Tallings Radi-mise that includes four essential elements. active site standards terminates, in such ation Control Act of 1978 (UMTRCA). The First, the conference agreement establishes event, the NRC is authorized to determine, prosisions adopted by the Senate, shich are new deadlines for the promulgation by EPA in its discretion. whether the prornulgation included in section 200 of S. 2207, were of general err ironmental standards re-of such general environmental standards is based upon certain problems identified in quired under section 275 of the Atomic necessary in order for NRC to carry out its hearings held before the Senate Environ-Energy Act. The original deadlines estab-reponsibilities under tJtle 11 and, if so. to ment and Public Works Committee on June lished when the Uranium Mill Tailings Rs-promulgate any such standards deemed nee-diation Control Act (UMTRCA) was passed essary, Upon promulgation of any such 16.1981. Ptrst, the Senate provision established in 1978 called upon EPA to promulgate fm d standarda, the NRC shall take such action new deadlines for the prom,utgation by the general environmental standards fo.nac-as it deems necessary to conform its regula-Environmental Protection Agency (EPA) of tive and active uranium processi% sites by tiorts to such standards. It is the conferers' inactive and active site reneral ernironmet-November 8,1979 and May 8. Lit 80, respec-intent, however, that during the period in nal standards, in light of the fact that EPA tively. Those deadlines have long since shich the NRC promulgates these active missed the existing Statutory deadlines of passed and EPA has yet to issue either its site standards and subsequently conforms Nosember 8,1979 and May 8,1980 for issu-final active or inactive standards. The con. Its regulations to such standards, nothing in ing inactive and active site standards, re-ferees wish to emphasize their concern and the conference agreement shall be con-specti ely. The Senate prov'sion provided express their displeasure over EPA a past strued as requiring the NRC to prohibit or that EPA shall have until April 1,1982 to failures to promulgate these general envi-suspend the impler"entation or enforcement issue final inacthe site standards and until ronmental standards in a timely fashion. of its regulations. In light of this, it would October 1,1982 to issue proposed active site When UMTRCA was pa< sed in 1978. Con-be the conferees' expectation that, in pro-standards, sith final active site standards to gress assigned to EPA a significant role in mulgating any general environmental stand-follow six months thereafter. The Senate the program for regulation of uranimum ards deemed necessary, the Commivion provision clarified EPA's authority to con. mill tailings activities. An EPA regulatory would provide notice and opportunity for sider impacts on public health and safety role in this area should, in the view of the public comment similar to that available and the environment, as well as the econom-conferers, be brought to txar on the task of had EPA been promulgating such standards.
Il s, [I September 28,1882 CONGRESSIONAL RECORD-HOUSE H 7683 I The second major element of the confer-During the period of suspension of NRC's Commission for approval. If, after notice i ente agreement relates to the regulations uranium Mill IJeensing Requirements im-and epportunity for a public hearing, the ~ f required to be promulgated by NRC under s posed under the conference agreement, the Commission determines that the State al. UMTRCA and the Atomic Energy Act. On NRC is authorized to take such action as it ternatives mill achieve a level of stabihza-October 3.1980, the Commission promulgat-may deem necessary, on a licensee by-licens-tion sad containment of the site and a level ed its final Uranium Mill Tallings Require-ee basis, to protect public health, safety, of protection for public health, safety, and ments (45 Federal Register 65521 to 65538). and the environment. the environment, shich ta equivalent to, to Under the conference agreement, the Com. Subsection (fx4) clarifles that nothing in the extent practicable, or more stringent 4 mission is prohibited from implementing or this section is intended to affect the author-than the level shich would be achieved by enforcing those regulations until January 1, ity or responsibility of the Cornmlulon to the EPA and NRC standards and require-1983. Due to the confusion which has arisen promulgate regulations to protect the public ments, the State is to be allowed to imple-riith EPA s failure to promulgate final regu. health and safety and the environment The ment such alternatives. lat, ions in advance of the NRC, accordmg to conferees specifically rejected the notion [ the timetable established in the UMTRCA, that the NRC in any way acted improperly, Section 20 of the conference agreement the conferees belleted the simplest and in promulgating its regulations in advance confers upon individual licensees a related most efficient manner in which to restore of action by the Environmental Protection but less independent abihty to propose al-l crder to the regulatory scheme, sas tempo. Agency. This subsection is not intended to ternatives. Under this section, individual 11-rarily to suspend implementation and en. affect the temporary suspension imposed censees are authorized to propose alterna-l forcement of the NRC's mill tailings regula. under IS(aM4) of the implementation and tives to specific Commission requirements. I tions until January 1,1983. The conferees enforcement of certain of NRC's uranium The Commission :nay treat such alterna-tives as satisf ying Commission requirements j have limited the suspension to the mini-M c mum time required to stra!ghten-out poten-th maj r emen of the confer-if it determines that such alternatives will tially conflicting regulatory requirements. ence agreement pertains to the responsibil-achieve a lesel of protection for public health, safety, and the environment, shich i The conferees take this action only t l assure a smooth regulatory system shile tivel gen onmental dard.; is equivalent to. to the extent practicable. or transitions are occurrmg. On that date, the and uranium mill licensing regulations In m re stringent than the level which would Commission is authorized to implement and each instance, the conferees have agreed to be schieved by the EPA and NRC standards enforce all of Ita October 3rd Uranium Mill include specific references in the approprl-and eqdrements. Licensmg Requirements cicept those that ate sections of the Atomic Energy Act di-States and licensees are intended to be the Commission determines would require a recting EPA and NRC, in promulgating provided an opportunity to propose ap-major action or commitment by licensees such standards or regulations, to consider proaches to mHI tailings containment and s g which sould be unnecessary if (1) the active the risk to the public health, safety, and the stabilization suited to regional or site-specif-site standards proposed by EPA are promul-environment, the environmental and eco-le conditions shich may vary from engineer-gated in final form without modification
- nomic costa of such standards or, regula-ing or technical specifications recommerided
- l and (2) the Commission s requirements are tions, and such other factors as EPA or by the Commission. The Comzrtssion is ex-modified to conform to such standards. The NRC, respectively, determine to be appro-pected to assure that alternativ approaches
? i conferees note that, in this context, the priate' conferees do not intend and specift. meet the operational criteria a.ad objectives The i i term " commitment" may include financial set by the NRC regulations and the general obligations or expenditures that might be cally oppose by this language affecting any environmental standards set by EPA. The Il' t-required. This determination referred to in pending litigation or appeal of judicial dect-conferees note that the right of Agreement sions based on the fundamental missions or State regulatory authorities to adopt regu.
- section 18(a)(4) of the conference agree-k,4 ment is to be made by the Commission fol* responsibilities of the agencies. The confer. lations shich meet the NRC/ EPA standard ees note that this language reflecta accu. is being clarified, but that a distinction I
h, j lowing a review and analysis of the Commis* rately the current regulatory approach of exista betueen this right and the opportuni-g ston's regulations and EPA s proposed active the agencies. The language agreed to by the ty being affirmed for licensees to propose to fj( site standards as soon as the latter are pro-conferees should not result in any delays in NRC alternative approaches to compliance t mulgated Section 18(a)(4) specifically pro-vides that, follosing proposal by EPA of its establishment of remedial action standards. with Commission regulations. tctive site standards, the Commission is to EPA, for example, has already a&ised the Finally, section 19e b) of the conference conferees that it is considering cost.s in for-agreement provides that there is to be no undertake a review of its regulations in 7t order to make the determination referred to mulating ita inactive site requirements. In termination of the regulatory program of addit 16n. the NRC has testified before Con-any Agreement State that is acting to exer-gy above. The conference agreement provides rq the NRC 90 days in which to make this de-gress that it, too, took costa into account in cise authority over mill tailings unless NRC b* termination. This period of time in the view promulgating its Uranium Mill 1.Jcensing complies s1th the procedures specified in g of the conferees, should prostoe sufficient Requirements. Moreover, in adopting the autmeetion 274<j) of the Atomic Energy Act. language, the conferees intend neither to 8 1207, as passed by the Senate, included g, opportunity for the Commission to provide notice and opportunity for public comment disert EPA and NRC from their prindpal several provisions not included in the con- ,4 prior to reaching its uetermination. fccus on protecting the public heajth and ference agreement. In some instances, the p, safety nor to require that the agencies conferees were of the view that the authori-(l Those requirements that the Commission engage in cost-benefit analysis or optimi-ty conferred pursuant to these specific pro-1 determines sould require a major action or zation. visions in 8.1207 already existed under cur-i commitment by licensees which would be The conferees are of the view that the rent law or that the Commission was inter-unnecessary if (1) the standards proposed economic and environmental costa associat-preting its authority in a fashion consistent i by the Administrator are promulgated in ed with standards and requirements estab-sith the conferees
- understanding of that hj final form without modification, and (2) the 11shed by the agencies should bear a reason-current law provides, and that no further lI 1
Commission's requirementa are modified to able relationship to the benefita expected to statutory guidance was required. According-conform to such standards, shall continue be derived This recognition is consistent ly, the conferees a. reed to delete those pro-h* to the suspended (both implementation and with the accepted approach to estabhshing visions Specifically, those provisions of 8. yj enforcement) until the earlier of April 1 radiation pro'ection standards, and reflecta 1207 wnich were so deleted are as follows- .-l 1984, or the date on shich the Commission the view of the conferees that, in promul-Sections 20641), (J), and (k). amends its regulations to conform to EPA's gating such general environmental stand-1' final acthe site standard (to be promulgat-ards and regulations, EPA and NRC should snoMsim mon ed by October I,1983). Upon promulgation exercise their best independent technical The Senate amendment included a prow i by EPA of its final active site standards, the judgment in making such a determination. sion directing the Conmission. in consulta-Commission shall have until April 1,1984 to At all times, the conferees fully intend that tion with the State of South Dakota and a conform its regulations to EPA s standards. EPA and NRC recognize as their paramount number of other federal departments to es-If NRC completes this task prior to April 1, responsibility protection of the public tab!!sh a monitoring, engineering assess-1984. the suspension of such regulations health and safety and the environment. ment, and remedial action program for the l shall terminate upon this earber date. If The fourth major element of the confer-purpose of cleaning up offsite locations in EPA does not promulgate final standards by ence agreement involves implementation of the vicinity of Edgemont, South Dakota [ October 1.1983, the agency's regulatory au-the federal standards and regulations of that have been contaminated by residual ra-thority terminates and NRC's regulations EPA and NRC at the State level. Under sec-dioactivity from the Tennessee Valley Au-L go into effect on that date as initially pro-tion 19 of the conference agreement, indi-thority (TVA) uranium mill site. Although posed or as modified by rule by NRC. Once vidual Agreement States are authorized to the Edgemont site is an tractive uramum again, the conferees fully expect that this adopt alternatives (including site-specifle al-mill site, it was not included in the remedial six month period of time is of sufficient ternatives) to the Commission's regulations. action program established by the Uranium length to enable the Commiwion to provide These alternative State requirements. Mill Tailings Radiation Control Act of 1978 notice and opportunity for pubhc comment s hich may take into account local or region-because TVA held a ctarrent license from f prior to reaching its determination. al conditions, must be submitted to the the NRC for the mill. TVA is obligated and wb f'(u t I l d; i
i v H 7684 w CONGRESSIONAL RECORD-HOUSE September 28,1983 has agreed to cler.n up th7 mill tr111ngs en dertLken in tha vicinity Cf the Edgemont t e Edgemont tite. No legal responsibility site, but that in calculating this ten percent contractural cbligations is limited to years' duration. In the event that a te i [e i* 'b ne au f n e e s o 1978 Act had they ation of the Commerce Secretary's investi. for chanup of the offsite locations by incor-bec t n shall not be affected by such prohibi. porating into the remedial action program this A ecor to o at o ppli t the e nferees, the State has already The Secretary of Energy may at any time ngs locatio. ad tio he na e spent approximately 8150.000 on *he Edge-trigger a study under the Trade Act by the sion was intended to confirm the monitoring and engineering assessment program now hentif rt. M this amount the conferees United States International Trade Commis. e tain expenses for which the alon by making a determination that urani-underway by the NRC that would precede State sh n un sec 1 n um imports threaten to injure the domestic the cleanup itself at these offsite locations The House bill did not contain a similar
- 7. These expenses include the following-uranium industry. The study sould also pravision.
e ntractual costs for radiological monitoring result in consideration of trade restrictions The conferees agreed to a comprombe assessments, costs for time of state person-to protect the domestic uranium industry. A e nducting actual Inonitoring, costs for temporary trade restriction would not, how. provision that is intended to address those travel t and from Edgemont, costs for radi-concerns raised by the Senate. The provi-slon agreed upon by the conferees amends I gical monitoring equipment, per diem ever, be in effect during the study. The Secretary of Energy's determinations section 102(e) of the Uranium Mill Tailings c sts for personnel at off-site locations, and regarding the viability of the uranium Radiation Control Act of 1978 by adding a f pusonnel analyzing the mining industry mill be made pursuant to new subsection (3). This new subsection di-test results and notifying owners of poten-criteria he is required to develop by rule rects the Secretary of Energy to designate tially dangerous propertr. Beyond these ex-within 9 months of enactment of this Act. for remedial action any property within the penditures it is the intent of the conferees Tht Secretary is required to assess in the vicinity of the TVA site in Edgemont South that the Secretary identify those additional Dakota that the Secretary determines to be State expenses for which South Dakota study whether contracting for foreign im-ports resulting in greater than 37.5 percent contaminated with residual radioactive ma-State.d be given credit in determining the of domestic uranium requirements, and terials from the TVA site. The Secretary, in a ten percent share under section 107. other factors, affect the viabi!!ty of the do. making this designation is to consult sith samoM ss-VaANIUM sUrrLY mestic uranium irdustry. The Secretary's the Environmental Protection Agency, the The Senate amendment included provi. determination of final criteria for assessing NRC. and the State of South Dakota. sions creating a new Commission responal, the viability of the domestic uranium indus. The conferees intend that the Secretary bility for the regulation of uranium imports try 5111 be used as the basis for carrying-out place a high priority on the methities re-into the United States. No more than 20 his responsibilities to monitor the domestic quired of DOE under subsection (3) and in percent of uranium consumed in the United industry under this Act and under the sec. particular, that the Secretary move expedi. States would have been permitted to be of tion 1617. of the Atomic Energy Act. tiously to designate those properties requir. foreign origtn. To assist the Congress in maintaining a ing cleanup, based upon the NRC assess. The conferees agreed to a strict review clear understanding of the status of the do. ments completed or close to completion, and and monitoring program to guard against mestic mining and millir.g industry, the con-begin the necessary remedial action as soon damage to the domestic uranium industry ference agreement provides that, within a as possible. It this regard, the conferees resulting from foreign uranium imports. year after the date of enactment, the Presi. note that the NRC has been directly in. The program utilizes existing trade authort. dent is to prepare and submit to the Con-volved in the Edgemont offsite remedial ties and the existing authority of the Secre. gress a comprehensive resiew of the current action program for some time and has com. tary of Energy under the Atomic Energy status of the industry. Among the issues to pleted or is close to completing the work Act to protect the domestic uranium indus. be addressed in the comprehensive review upon which DOE's remedial action program try through regulation of feedstock into are: projections of uranium requirements should be based. NRC's involvement to date U.S. uranium enrichment facilities. and inventories; uranium production levels; has extended to the performance of radio. If during a ten-year period following en. penetration of domestic markets by foreign logical surveys of residences and vacant lots. actment of this Act uranium imports reach imports; levels of production necessary to radiological engineering assessments, and a level of 37.5 percent, the Secretary of ensure a viable domestic uranium industry; the completion of detailed cleanup plans. Energy is required to resise enrichment cri. a projection of production and price levels Accordmg to information supplied to the teria to increase the use of domestle urani. currently in effect and which would be in conferees, the NRC has completed nearly 95 um in U.S. enrichment facilities and to initi. effect if import restrictions were enacted by percent of the radiological surveys of the af. ste an investigation and consideration of Congress; and the anticipated effect of fected properties in the vicinity of Edge-import restrictions by the Secretary of Com. spent nuclear fuel reprocessing on the mont. Approximately 225 properties were merce under the Trade Expansion Act to de. demand for raw uranium. A national policy identified by the NRC as requiring a full ra-termine whether imports threaten national relating to the domestic uranium industry diological engineering assessment, and the security and whether therefore trade re. based on the most complete information conferees are advised that the NRC has strictions should be enacted. The conferees and full consideration of alternatives is in-completed 159 of these assessments. As a believe that imports at the 37.5 percent tended to be developed as a result of this result of the assessments to be completed to Ievel could affect national security. For ns. study. date 80 properties have been identified that tional security reasons therefore, contract. The Conferees also agreed that when the will require cleanup. In all, the NRC pro. ing for new imports must be restricted while Secretary determines that executed con-jects that nearly 130 properties will require the Secretary of Commerce's study is being tracts or options for foreign uranium varying amounts of cleanup action and esti. conducted to determine whether a national reached a level of 37.5% of the total domes-mates that the contractor costs for the security threat does in fact materialize at tie reactor demand for uranium in any two actual cleanup activities should be approx!. that import level. The conferees do not consecutive years. the Secretary shall mately $300.000. The conferees intend that intend that any restrictions ba imposed modify the criteria setting forth terms and the results of the foregoing work serve as until such time as the Secretary of Energy conditions under which services are pro-the basis for the DOE remedial action pro-finds that import levels are. In fact, at the vided in contracts executed subsequent to gram, and that all cleanup plans prepared 37.5 percent level, and the Secretary of that determination. These modifications by the NRC be transferred to DOE for im. Commerce initiates an investigation to de-should provide for th; greater use of urant-plementation. termine the effects of such imports on na. Um in the enrichment process and the in-The compromise agreed to by the confer-tional security. The contracting restriction creased increment of uranium should be re-ces also provides that the Secretary, in de-is limited to a maximum duration of two stricted to uranium of domestic origin. termining the State's share under section years. An example of such a policy change would 107 of the costs of of remedial action, shall The conference agreement contains no re-be a modification in the enrichment plant credit the State of South Dakota for ex. strictions with respect to contractural agree-tails assay. A modification of the tails assay penditures made by the State which. had ments in existence at the date of enactment. from.20% to.25% when imports consisted the offsite properties in the vicinity of Ed. It may apply to future contracts for pur-of 37.5% of the domestle market a ould, gemont been listed under section 102(aX1) chase of foreign uranium and is to be limit-during the period uhen these enrichment of the Mill Tallings Act when it was passed ed to contracts executed subsequent to criteria and the requirements of this section in 1978. would have been paid by the State notice in the Federal Register by the Secre-were applicable, result in an increase in the or by the federal government. Thus, it is the tary of Commerce of the initiation of an in-use of domestle uranium of approximately intent of the corJerees that the State of vestigation under Section 232 of the Trade 14% over what it would have been if the South Dakota be required to pay ten per-Expansion Act. The authority of the Secre-tails assay has remained at.20% and the re-cent of the total cost of remedisl action un. tary of Energy to limit new foreign source quirements of this section (i.e. those re-
i T k September 2S,1981 CONGRESSIONAL RECORD-liOUSE H 7685 j } quirements that increased use of uranium Affairs Committee, the Commission de-and productive credit and self help resulting from modifications in enrichment scribed the following internal budget proe-community development programs. [ criteria should be uranium of domestic ess that the agency went through in devel-The Clerk read as follows: origin) did not apply. oping its authorizatJon requat for fiscal H.R.'il43 + Another example of an enrichment policy year 1983: p' change to fulfill the requirements of this This process included detailed office sub-Be if enacted by (Ac Senate and House of section would be elimination of the current missions for both fiscal years (i.e. fiscal year Representaffres of (Ac United States of j selloff of tte separative work stockpile. The 1982 and fiscal year 1983) based on the guid-Amenm in Congress assembled. That sec-conferees do,not intend that the Secretary ance provided in the PPPO. All of the office tion 222A(h) of the Foreign Assistance Act affect in any way, rights to enrichment of submissions were subjected to successive re-of 1961 is amended by striking out
- Septem-l foreign uranium shich exist under con-views by the Office of the Controller, the ber 30.1982" and inserting in lieu thereof
{ tracts executed prior to the determination Budget Review Group headed by the " September 30.1983". of the Secretary. Deputy Director for Operations, the EDO The SPEAKER pro tempore. Pursu-The conferees expect that the Secretary, and the Commission prior to submission to ant to the rule. a second is not re-in mocifying the enrichment criteria, will the Office of Management and Budget. At Quired on this motion. take account of both the need to utilize en-each review step, the office directors sere The gentleman from Wisconsin (Mr. richment facilities in an efficient manner encouraged to diseun their requirements and maintain the competitive position of and to advise the reviewers of any impacts ZABI.OcKr) till be recognized for 20 urmium enrichment services on the world that proposed changes on their fiscal year minutes, and the gentleman from Illi-market. In addition, the conferees expect 1982 budget request might have on fiscal nois (Mr. FINDt.EY) Will be recognized that the Secretary, in informing the Con-year 1983. Through the EDO level, equal at. for 20 minutes
- gress of proposed changes in the enrich' tention uns ghen to both budget year and The Chair recognizes the gentleman ment criteria pursuant to the requiremeats outyear estimates.
from Wisconsin (Mr. ZABLOCKI). i of section 161tv). will include a statement as Co mission hav* ' h Mr. ZABLOCKL Mr. Speaker. I to the effect of the changes upon produc. ande{e g s 2 ye, pa 11It budget request. Indicated their support of a yield myself such time as I may con-e s el tr sume. i r chmen 2-year authorization cycle. j pouer for enrichment purposes, the cost of Tne conferees recommend a 2 year au-(Mr. ZABLOCKI asked and was a I: electric power purchased for enrichment thorization for the NRC mith full under-given permission to revise and extend L4 purposes, competitive position of uranium standing that there will always be greater his remarks.) t' enrichment services on the world market, uncertainty with regard to the funding re-Mr. ZABLOCKI. Mr. Speaker, the L and the cost to electric utilities of uranium quirements of the second year of the 2-year bill before the Ilouse is technical in
- and enrichment services.
cycle vis a-vis the first year of the cycle. nature. Last year when the Congress As used in this provision, the conferees With this in mind.s reprogramming proce. Intend that " contracts" mean contracts and dure is provided in subsection 1(c) of the enacted a 2-year foreign assistance au-I options included in those contracts and op. conference agreement that will enable the thorization bill. the extension of a tions contracts or contracts for options. NRC and the Congress to work together to small guaranty program was inadvert-
- I couxurs on a TEMPORARY ADVISORY PANEL reallocate authorized funds in the event cir-ently left out. This bill would provide 1j ro sitDy Tus wecLzAR PoWERPLANT LICENs-umstances change during W authoriza-for the extension through September ING PROCESS tion period. In addition. the option is always 30*1983*
Secticn 13 of H.R. 2330 directed NRC to open to the Commission to request a supple-The program in question is the agri-j r establish a temporary advisory panel to mental authorizing of appropriations; and cultural and productive credit and self-g evaluate the efficiency and effectiveness of the Congress can amend the authorizing help community development pro-p3 the nuclear powerplant licensing process. legislation. pa The panel was to complete its evaluation The conferees expect the Commission in gram. Section 222A of the Foreign As-f within six months after anactment and then early 1983 to submit to Congress proposed sistance Act authorizes up to $20 mil-submit a repcrt to the Commission and to legislation authorizing appropriations for lion in guarantees to estah11sh pilot g th ag c s salan s and ex or th programs in up to six Latin American If Comrniss' ion to p ide Co t gg dg countries to encourage private finan- [ ;j ommendations en the need for legislative views on the panel's report as well as its ree-year 1985. The conferees further instruct cial institutions to make loans to orga-the Commission to submit such proposed nizatioas and individual.i who are nor. f ; and administrative changes to improve the legislation in a line-Item format with specif. heensing process. ic amounts requested for each of NRC's pro-mally unable tJ obtain commercial L+ grammatic functions for each fiscal year. credit. The loans are for small produc-I S nate C m n t on E 1ronment Mo UDALI, tive enterprises and Community proh I II Public Works, and then subsequently de-JoMANAN NN. ects. I'i leted from S.1207 on the Senate floor. JOHN F. SEIBERLING' I Would urge the Members to vote in I The conferees agreed to delete the IIouse EDwD J. MANY-favor of the bill so that AID can con- }' provision from the conference agreement. John D. mncEI.I tinue to test the program to determine The conferees' rationale for 1ropping this RIGA OTTacEa. whether it should be expanded to a + j provision is that a requirement for such a oar orrETT, roader basis-temporary advisory panel is not needed at MAMUn IM. Jr this time because similar initiatives are al. Mr. FINDLEY. Mr. Speaker. I yield DAN MARRIoTr. l1 ready underway at the Nuclear Regulatory JaxEs T. BRoYHIi.1, mySeif such time as I may consume. Commission, the Department of Energy. CARLos J. MooRHEAD. (Mr. FINDLEY asked and was given t and outside the Federal GGernment. permission to revise and extend his re-IA# / A# [ comuENTs on rue s-YEAR AUTHoRIZATIoM AL SIMPsoN. marks.) 6 cTcLg PrTE V. DowEMIcr. Mr. FINDLEY. Mr. Speaker this bill J For the first time, the conference agree. ETEVE OYM"S* is necessary to correct an oversight ment embodies a tso year authorization RonERT T. 5TArroRD. i (fiscal years 1982 and 1933) for the Nuclear II^ ently neglected to extend the authori-Regulatory Commis ion. The conferees be- ,y
- cnut, ty of teClion 222A of the Foreign As-lieve that inherent n this 2 year authoriza-JENNIncs RANDoLFH
,j sistance Act of 1961, as amended. This Afanagers on the Part q/ the senate. o$ n the ongr io al I a e o section of the act is a vnall loan guar-load without impairing the ability of Con. anty authority for plLt programs to r gress to exercise effectively tts Jurisdiction FOREIGN ASSISTANCE ACT encourage private banks, credit insti-I< over the FRC and the regulation of the AMENDMENTS TO EXTEND AG-tutions, cooperatives, and similar pri. l commerical nuclear industr/. Also, the con. RICULTURAL AND COMMUNITY vate groups in less developed Latin ferees beliese the 2-year cycle will promote more coherent budgetary planning and pro-DEVELOPMENT PROGRAMS American countries to make loans at p: 8f.g.* *f,d Mr. ZABLOCKL Mr. Speaker. I reasonable rates to individuals and move to suspend the rules and pass groups in their communities for agri-n ce li ve that the R au-thorization lesels for fiscal year 1983 con, the bill (H.R. 7143) to amend the For-cultural credit and self-help communi-tained in the conference agreement are based upon reasonable projections. In testi. eign Assistance Act of 1961 to extend ty development projects for which mony before the Itouse Interior and Insular for an additional year the agricultural they would otherwise be unable to E' f' L
(( ~ 97Tu CoscREss ' ilOUSE OF REPRESENTATIVES REPORT 3d Session No. 97-884 AUTHORIZING APPROPRIATIONS FOR THE NUCLEAR r D REGULATORY COMMISSION i - y SEPTEMBER 28, ID82.-Ordered to be printed 4 Mr. UDALL, from the committee of Conference, submitted the following [ CONFERENCE REPORT [To accompany li.R. 2:kO] 5 The committee of conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 2330) to authorize appropriation to the Nuclear Regulatory Commission in g accordance with section 261 of the Atomic Energy Act of 1954, as amended, and section 305 of the Energy Reorganization Act of 1974, as amended, and for other purposes, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows: That the House recede from its disagreement to the amendment l_ of the Senate and agree to the same with an amendment as foi-lows: In lieu of the matter proposed to be inserted by the Senate amendment insert the followiny. AUTilORIZATION OF APPROPRIATIONS SscTiOx 1. (a) Them are hereby authorized to be appropriated to the Nuclear Regulatory Commission in accordance teith the provi-sions of section 261 of the Atomic Energy Act of 1954 (42 U.S.C. 2017) and section 305 of the Energy Reorganization Act of 1974 (42 U.S.C. 5875), for the fiscal years 1982 and 1983 to remain available until expended, $485,200,000 for fiscal year 1982 and $51J,100,000 for fiscal year 1983 to be allocated as follows: (1) Not more than $80,700,000 for fiscal year 1982 and $77,000,000 for fiscal year 1983 may be used for " Nuclear Reac-tor Regulation', of which an amount not to exceed $1,000,000 is authorized each such fiscal year to be used to accelerate the 99-142 O u z l
.) effort in gas-cooled thermal reactor preapplication revietc, and an amount not to exceed $6000,000 is authorized each such fiscal year to be used for licensing revuu'scork for a fast breed-er reactor plant project. In the event of a termination of such breeder reactor pmject, any unused amount appropriated pursu-ant to this paragmph for licensing revietc teork for such project may be used only for safety technology activities. (2) Not more than $62,900,000 for fiscal year 1982 and $69,850,000 for fiscal year 1983 may be used for " Inspection and G Enforcement (3) Not more than $42,000.000 for fiscal year 1982 and $47,059,600 for fiscal year 1983 may be used for " Nuclear Mate-rial Safety and Safeguards". = \\ (4) Not more than $240,J00,000 for fiscal year 1982 and $257,195.600 for fiscal year 19SJ may be used for " Nuclear Reg-ulatory Researth ", ofichich-(A) an amount not to exceed $3,500,000 for fiscal year V 1982 and $4,500,000 for fiscal year 1983 is authorized to be used to accelerate the effort in gas-cooled thermal reactor safety researth; (B) an amount not to exceed $18,000,000 is authorized i each such fiscal year to be used for fast breeder reactor safety research; and {' (C) an amount not to exceed $57.000,000 is authorized for such tico fiscal year period to be used for the Loss-of-Fluid Test Facility research program. In the event of a termination of the fast breeder reactor plant project, any unused amount appropriated pursuant to this para-graph for fast breeder reactor safety research may be used gener-p; ally for " Nuclear Regulatory Research " (5) Not more than $21,900,000 for fiscal year 1982 and =4 320,197,800 for fiscal year 1933 may be used for " Program Tech-nicalSupport ' (6) Not more than $37,400,000 for fiscal year 1982 and $41,797,000 for fiscal year 1983 may be used for "Pmgram Di-rection and Administration". (b) The Nuclear Regulatory Commission may use not more than 1 p percent of the amounts authorized to be appropriated under subsec-tion (aN4) to exercise its authority under section 31 a. of the Atomic ?* Energy Act of1954 (42 U.S.C. 2051(a)) to enter into grants and coop-erative agreements icith universities pursuant to such section. b' Grants made by the Commission shall be made in accordance icith the Federal Grant and Cooperative Agreement Act of1977(41 U.S.C. q?_ 501 et seq.) and other applicable late. In making such grants and entering into such cooperative agreements, the Commission shall en-deavor to provide appropriate opportunities for universities in tchich the student body has historically been predominately comprised of minority groups. (c) Any amount appropriated for a fiscal year to the Nuclear Reg-ulatory Commission pursuant to any paragraph of subsection (a)for purposes of the program office referred to in such paragraph, or any activity that is icithin such program office and is specified in such w paragraph, may be reallocated by the Commission for use in a pro-gram office referred to in any otherparagraph ofsuch subsection, or L A
3 for use in any other activity icithin a pmgmm office, except that the amount available fmm appropriations for such fiscal year for use in any progmm office or specified activity may not, as a result of real-locations made ander this subsection, be increased or reduced by more than $500,000 unless-(1) a period of 30 calendar days (excluding any day in tchich t either House of Congress is not in session because of an ad-journment of more than 3 calendar days to a day certain or an adjournment sine die) passes after the receipt, by the Committee on Energy and Commerte and the Committee on Interior and Insular Affairs of the House of Representatives and the Com-mittee on Environment and Public Works of the Senate, of notice submitted by the Commission containing a full and com-plete statement of the reallocation proposed to be made and the facts and circumstances relied upon in support of such proposed \\ reallocation; or (2) each such committee, before the expimtion of such period, tmnsmits to the Commission a teritten notification that such committee does not object to such proposed reallocation. AUTnORITY w RETAIN CERTAIN AMOUNTS RECE!VED SEC. 2. Moneys received by the Nuclear Regulatory Commission for the cooperative nuclear research pmgram and the material access authorization program may be retained and used for salaries { and expenses associated teith such programs, noticithstanding the provisions of section 3617 of the Revised Statutes (31 U.S.C 484), and shall remain available until exper.ded. AUTilORITY TO TRANSFER CERTAIN AMOUNTS TO OTilER AGENCIES l SEC. 3. From amounts appropriated to the Nuclear Regulatory Commission pursuant to section lla), the Commission may transfer to other agencies of the Federal Government sums for salaries and expenses for the performance by such agencies of activities for ichich such appropriations of the Commission are made. Any sums so transferred may be merged teith the appropriation of the agency to ichich such sums are transferred. LIMITATION ON SPENDING AUTilORITY SEC. 4. Noticithstanding any other provision of this Act, no au- \\ thority to make payments under this Act shall be effective except to such extent or in such amounts as are pmvided in advance in op-propriation Acts. AUTif0RITY w ISSUE LICENSES IN ABSENCE OF EMERGENCY PREPAREDNESS PLANS SEC. 5. Of the amounts authorized to be appropriated under sec-tion 1, the Nuclear Regulatory Commission may use such sums as may be necessary, in the absence of a State or local emergency pre-paredness plan ichich has been approved by ti.e Federal Emergency Management Agency, to issue an operating license (includi <g a tem-porary operating license under section 192 of the Atomic Energy Act of 1954, as amended by section 11 of this Act) for a nuclear potter
4 reactor, if it determines that there exists a State, local, or utility plan schich pmvides reasonable assurance that public health and safety is not endangered by opemtion of the facility concerned. n NUCLEAR SAFETY GOALS Sec. 6. Funds authorized to be appropriated under this Act shall be used by the Nuclear Regulatory Commission to expedite the es-p tablish tent of safety goals for nuclear tractor rrgulation. The de-velopment of such safety goals, and any accompanying methodolo-gies for the application of such safety goals, should be expedited to the maximum extent practicable to permit establishment of a safety goal by the Commission not later than December 31,1982. toss-OF-FLUID TEST FACILITY Sec. 7. Of the amounts authorized to be used for the Loss-of-Fluid Test Facility in acconlance icith section 1(ak4) for fiscal years 1982 and 1933, the Commission shall provide funding through contmet icith the organization responsible for the Loss-of-Fluid Test oper-ations for a detailed technical reviele and analysis of researth re-suits obtained fmm the Loss-of-Fluid Test Facility researth pro-gram. The contract shallprovide funding for not more than tirenty man-years in each of fiscal year 1982 and 1933 to conduct the tech-u nical reviete and analysis. i 3 NUCLEAR DATA LINK l Sec. 8. (a) Of the amounts authorized to be appropriated under b this Act for the fiscal years 1932 and 1983, not more than $200,000 is authorized to be used by the Nuclear Regulatory Commission for-(1) the acquisition (by purchase, lease, or othericise) and in-stallation of equipment to be used for the "small test pmtotype nuclear data link" program or for any other program for the Q collection and transmission to the Commission of data (mm li-A censed nuclear reactors during abnormal conditions at such re-actors; and (2) the conduct of a full and complete study and analysis of-(A) the appropriate role of the Commission during abnor-mal conditions at a nuclear reactor licensed by the Com-l mission; e (B) the information ichich should be available to the Commission to enable the Commission to fulfill such role 5 and to carry out other related functions; } (C) various alternative means of assuring that such infor-motion is available to the Commission in a timely manner; and (D) any changes in existing Commission authority neces-sary to enhance the Commission response to abnormal con- = ditions at a nuclear reactor licensed by the Commission. The small test prototype referred to in paragraph (1) may be used by the Commission in carrying out the study and analysis under para-smnh (2). Such analysis shall include a cost-benefit analysis of each alternative examined under subparagraph (C). ba E 5 2
5 (bM1) Upon completion of the study and anlaysis required ender subsection tak2), the Commission shall submit to Congress a de tailed report setting forth the results of such study and analysis. (2) The Commission may not take any action :cith respect to any alternative deseibed in subsection tak2kC), unless a period of 60 calendar days (excluding any day in ichich either IIouse of Congress is not in session because of an adjournment of more than J calendar days to a day certain or an adjournment sine die) passes after the receipt, by the Committee on Energy and Commerce and the Com- = mittee on Interior and Insular Affairs of the IIouse of Representa-tives and the Committee on Environment and Public Works of the Senate, of notice submitted by the Commission containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of such proposed action. INTERISI CONSOLIDATION OF OFFICES SEc. 9. Of the amounts authorized to be oppmpriated pursuant to paragraph 6 of section lla), such sums as may be necessarv shall be ~ available for interim consolidation of Nuclear Regulaton Commis-sion headquarters staff offices. tb) No amount authorized to be appropriated under this Act may L be used, in connection icith the interim consolidation of Nuclear Regulatory Commission offices, to relocate the offices of members of the Commission outside the District of Columbia. "~ TilREE SilLE ISLAND SEc.10. tal No part of the funds authorized to be appropriated under this Act may be used to provide assistance to tne General i Public Utilities Corporation for purposes of the decontamination. L*; cleanup, irpnir, or rehabilitation of facilities at Three Stile Island Unit 2. (b) The prohibition contained in subsection tal shall not relate to the responsibilities of the Nuclear Regulatory Commission for moni-toring or inspection of the decontamination, cleanup, repair, or re-habilitation activities at Three Afile Island and such prohibition shall not apply to the use of funds by the Nuclear Regulatory Com-mission to carry out regulatory functions of the Commission under = the Atomic Energy Act of1954 tvith respect to the facilities at Three Stile Island. (c) The Nuclear Regulatory Commission shall include in its ~ [ annual report to the Congress under sectic>n JO7tc) of the Energy Re-ort,anization Act of 1974 (42 U.S.C. 5877(c)) as a separate chapter a = description of the collaborative efforts undertaken, or proposed to be undertaken, by the Commission and ti.e Department of Energy icith w respect to the decontamination, cleanup, repair, or rehabilitation of facilities at Three 3 file Island Unit 2. (d) No funds authorized to be appropriated under this Act may be used by the Commission to approve any icillful release of " accident-generated trater", as defined by the Commission in NUREG-06S.] (" Final Programmatic Environmental Impact Statement" p.1-23), from Three Stile Island Unit 2 into the Susquehanna River or its icatershed.
6 ) TE3fPORARY OPERATING LICENSES SEC.11. Section 192 of the Atomic Energy Act of 1954 (42 U.S.C 2242)is amended to read as follotes: "SEc.192. TEarPoRARY OPERATING I.icENsE.- "a. In any proceeding upon an application for an opemting license for a utilization facility required to be licensed under section 103 or 104 b. of this Act, in schich a hearing is othericise required pursu-ant to section 189 a., the applicant may petition the Commission for \\ a temporary operating license for such facility authorizing fuel loading, testing, and operation at a specific potter level to be deter-mined by the Commission, pending final action by the Commission on the application. The initialpetition for a temporary operating li-cense for each such facility, and any temporary operating license issued for such facility based upon the initial petition, shall be.' m-ited to poicer levels not to exceed 5 percent of rated full thermal poteer. Folloteing issuance by the Commission of the tempornry oper-ating license for each such facility, the licensee may file petitions icith the Commission to amend the license to allow facility oper. ation in staged increases at specific potter levels, to be determined by the Commission, exceeding 5 percent of rated full thermal potter. The initial petition for a temporary opemting license for each such facility may be filed at any time after the filing of: (1) the report of the Advisory Committee on Reactor Safeguards required by section 182 b.; (2) the filing of the initial Safety Evaluation Report by the Nuclear Regulatory Commission staff and the Nuclear Regulatory Commission staff's first supplement to the report prepared in re-sponse to the report of the Advisory Committee on Beactor Safe-guards for the facility; (3) the Nuclear Regulatory Commission staff's final detailed statement on the environmental impact of the facility prepared pursuant to sectio.2102(2NC) of the National Envi-ronmental Policy Act of 1969 (42 U.S.C 4JJ2(2kC)); and (4) a State, local, or utility emergency preparedness plan for the facility. Peti-tions for the issuance of a tempomry operating license, or for an amendment to such a license allotting operation at a specific potter levelgreater than that authorized in the initial temporary operating license, shall be accompanied by an affidavit or affidavits setting forth the specific facts upon schich the petitioner relies to justify is-suance of the temporary operating license or the amendment thereto. The Commission shall publish notice of each such petition in the Federal Register and in such trade or neles publications as the Com-mission deems appropriate to gice reasonable notice to persons teho might have a potential interest un the grant of such temporary oper-ating license or amendment thereto. Any person may file affidavits or statements in support of or in opposition to, the petition teithin thirty days after the publication of such notice in the Federal Regis-ter."b. With respect to any petition filed pursuant to subsewon a. of this section, the Commission may issue a temporary operating li-cente, or amend the license to authorize temporary operation at each specific power level greater than that authorized in the initial tem-porary operating license, as determined by the Commission, upon finding that-
7 "(1) in all respects other than the conduct or completion of any required hearing, the requirements oflate are met; "(2)in accordance teith such requirements, there is reasonable assumnce that operation of the facility during the period of the temporary operating license in accordance tvith its terms and conditions teill provide adequate protection to the public health and safety and the environment during the period of tempomry opemtion; and "(J) denial of such temporary opemting license icill result in delay bettveen the date on schich construction of the facility is sufficiently completed, in the judgment of the Commission, to permit issuance of the temporary opemting license, and the date tchen such facility uvuld otherteise receive a final opemting li-cense pursuant to this Act. The tempomry operating license shall become effective upon issu-ance and shall contain such terms and conditions as the Commis-sion may deem necessary, including the duration of the license and any provision for the extension thereof Any final order authorizing the issuance or amendment of any temporary operating license pur-suant to this section shall recite icith specifitity the facts and rea-sons justifying the findings under this subsection, and shall be transmitted upon such issuance to the Committees on Interior and Insular Affairs and Energy and Commerce of the House of Repre-sentatives and the Committee on Environment and Public Works of the Senate. The final order of the Commission trith respect to the issuance or amendment of a temporary operating license shall be subject tojudicial reviete pursuant to chapter 15S of title 23 United States Code. The requirements of section 189 a. of this Att icith re-spect to the issuance or amendment of facility licenses shall not apply to the issuance or amendment of a temporary operating li-cense under this section. "c. Any hearing on the application for the final operating license for a facility required pursuant to section 189 a. shall be concluded as promptly as practicable. The Commission shall suspend the tem-porary operating license if it finds that the applicant is not pros-ecuting the application for the final operating license icith due dili-gence. Issuance of a temporary operating license under subsection b. of this section shall be tvilhout prejudice to the right of any party to mise any issue in a hearing required pursuant to sectior.189 a.; and failure to assert any ground for denial or limitation of a temporary operating license shall not bar the nssertion of such ground in con-nection teith the issuance of a subsequent final operating license. Any party to a hearing required pursuant to section 189 a. on the final operating license for a facility for ichich a temporary operat-ing license has been issued under subsection b., and any member of the Atomic Safety and Licensing Board conducting such hearing, shallpromptly notify the Commission of any information indicating that the terms and conditions of the temporary operating license are not being met, or that such terms and conditions are not sufficient to comply teith the provisions ofparagraph (2) of subsection b. "d. The Commission is authorized and directed to adopt such ad-ministrative remedies as the Commission deems appmpriate to mini-
l 8 mize the need for issuance of temporary opemting licenses pursuant to this section. "e. The authority to issue new temporary operating licenses under this section shall expire on December J1,1983.". OPERATING LICENSE A31END31ENT llEARINGS SEc.12. (a) Section 189 a. of the Atomic Energy Act of 1934 (42 U.S.C. 22J9(a)) is amended-(1) by irserting "(1)" after the subsection designation; and (2) by adding at the end thereof the follotving neic paragraph: "(2NA) The Commission may issue and make immediately effec-tive any amendment to an operating license, upon a determination by the Commission that such amendment involves no significant hazards consideration, noticithstanding the pendency before the Commission of a request for c hearing from any person. Such amendment may be issued and made immediately effective in ad-vance of the holding and completion of any required hearing. In de-L termining under this section schether such amendment involves no significant hazards consideration, the Commissicn shall consult teith the State in ichich the facility involved is located. In all other respects such amendment shall meet the requirements of this Act. -L; "(B) The Commission shall periodically (but not less frequently than once every thirty days) publish notice of any amendments issued, or proposed to be issued, as provided in subpamgraph (A). Each such notice shall i:xclude all amendments issued, or proposed to be issued, since the date of publication of the last such periodic notice. Such notice shall, tvith respect to each amendment or pm-posed amendment (i) identify the facility involved; and (ii) provide a brief description of such amendment. Nothing in this subsection shall be construed to delay the effective date of any amendment. "(C) The Commission shall, during the ninety-day period follote-ing the effective date of this paragmph, promulgate regulations es-tablishing (i) standards for determining ichether any amendment to an operating license involves no significans hazards consideration; (ii) criteria for providing or, in emergency situations, dispensing leith prior notice and reasonable opportunity for public comment on any such determination, schich criteria shall take into account the exigency of the need for the amendment involved; and (iii) proce-dures for consultation on any such determination teith the State in tchich the facility involved is located. ". i (b) The authority of the Nuclear Regulatory Commission, under the provisions of the amendment made by subsection (a), to issue and to make immediately effective any amendment to an operating license shall take effect upon the promulgation by the Commission of the regulations required in such provisions. QUALITY ASSURANCE SEc.13. (a) The Nuclear Regulatory Commission is authorized L - and directed to impsement and accelerate the ruident inspector pro- _.a gram so as to assure the assignment of at least one resident inspec tor by the end offiscalyear 1982 at each site at tchich a commercial nutlear potterplant is under construction an i construction is more than 13 percent complete. At eo h such site at ichich construction is g .. = a
a y. ,b b .T
- v..:.:.
..n ff 'f 9' not more than is percent complete, the l'ommissum shall prm ule ,. ~., + that such inspection personnel as the i ammission deems appropri-2 Y ': ate shall be physically present at the site at such times fhllou ing h issuance of the construction permit as may be necessurr in the judg '; " ~ ?.. ment of the Commission. ll The commission shall conduct a studr of existing and alterna-f:i % ~ s.y tive programs fhr improving quality assurant e ami quality control f, ^. y in the constructwn of commercial nuclear pou erplants In omduct- , ya:_ ". f; ing the study. the Commission shall obtain the comments of the ",e [. public. licensees of nuclear pou erplants. the Advisorr l'ommittee on i .[, Reactor Safeguards. and organi:atums comprised of prr@ssionals having expertise in appropriate fields. The study shall include an 2. analysis of the jhllaicing: y.% ? ili providing a basis fb quality assurance and quality con. f L; ' i trol. inspection, and enthrcement actions through the adoption W :- of a n approach a hich is more prescriptit e than that < urrently ?(9 '- a in practice thr defining principal architectural and engineering l criteria for the construction of commercial nuclear pmccrplun ts: .?; < P conditioning the issuance of construction permits fhr vom. -l mercial nuclear ;>ou erplan ts on a demonstration by the licensee "W.N that the hcensee is capable of independently managing the ef. QT fcctive performance of'all quahty assurance and quality control ?lY..%. responsibihties thr the pmcer; dant: lf3 ' h evaluatwns. inspectwns. or audits of n>mmercial nuclear i,... porcerplant construction by organi:atwns comprised of profes Ra9 a swnals hm ing expertise in approprwtv fields u hich evalua m~' tions. inspa twns. or audits are more etjective than those under f Q.' f. M cu rren t practice. f G i improt ement of the ('ommission 's organizatwn. methods a ff') and programs for quahtr assw ance dri elopmen t. rer ivir. and J~. Inspec tion; and ~ - - conditioning the issuance of construction permits [hr com-Q ? ?; i:31 mercial nuclear pou erplan ts on the permitter en tering into con ' $,_ ~ l tracts or other arrangements irith an independent inspector to GQ f :f' '6? audit the quahty assurance program to verifs quahtr assurance perthrma n ce.
- l' l'. -
F >r purpose., of paragraph &. the term ' ndependen t u, spec tor '
- J.f i
_ '7 design or construction of the plant ini ob ed. The studr shall alw g ". T t means a person or other entity having no res;>onsi bi h ty thr the .,.?x., 24 include an analysis of quahty assurance and unahty control pro-y' grams at representative sites at u hich such programs are operating satisfactorily and on assessment of the reasons therefor l y au. <ci For pu rposes of- .s. 9 < !' determining the best means of assurine that commer< tal nuclear pou t rplants arc c onstructed in a cordaru c n ith the a n [y s-x plica ble mfety req u i reme n ts in ellcct pursuan t to the Atonnc ? '.' : Energy Act of 1.Q and v L: L U & assessing the feasibihtr and benefits of the varwus mea ns Wj ' . A hsted in subsection.b c ag' b. g the Commisswn shall undertake a pilot pr >gra m to retunc and b = evaluate programs that include une or more of the alternatne con $'-( cepts identified in subsectwn < bi the the pu rpo+ of ossessiva the ' ?, [. ~ feasibihts and benefits of their implementatwn Th e p da t pr.,a ra m f.,. g,,,_ c .Y., -p _ c-p p'$ % o.o +e IP .T r + S
1 ? 1. 10 ^ shall include pmgrams that use independent inspectors for auditing quality assurance responsibilities of the licensee for the construction of commercial nuclear potterplants, as described in paragraph (5) of c subsection (b). The pilot program shall include at least three sites at ichich commewial nuclear poicerplants are under construction. The Commission shall select at least one site at tchich quality assurance and quality control programs have operated satssfactorily, and at iL least tico sites leith remedial programs undericay at ichich major g construction, quality assurance, or quality control deficiencies (or any combination thereof) have been identified in the past. The Com-mission may require any changes in existing quality assurance and quality control organizations and relationships that may be neces- '\\ =L sary at the selected sites to implement the pilot program. (d) Not later than fifteen months after the date of the enactment c ) of this Act, the Commission shall complete the study required under ) subsection (b) and submit to the United States Senate and House of Representatives a report setting forth the results of the study. The ' ~ report shall include a brief summary of the information received e-(mm the public and from other persons referred to in subsection (b) and a statement of the Commission's response to the significant
- e comments received. The report shall also set forth an analysis of the y
r results of the pilot program required under subsection (c). The report shall be accompanied by the recommendations of the Commission. including any legislative recommendations, and a description of any administrative actions that the Commission has undertaken or in-tends to undertake, for improving quality assurance and quality control programs that are applicable during the construction of nu-clear poicerplants. LIS!!TATION ON USE OF SPECIAL ACCLEAR SIATERIAL SEC.14. Section 57 of the Atomic Energy Act of 1954 (42 U.S.C. 2077) is amended by adding at the end thewof the follotting netc L subsection: 1 "e. Special nuclear material, as defined in section 11, produced in facilities licensed under section 103 or 104 may not be transferred. reprocessed, used, or othericise made available by any instrumentali-ty of the,, United States or arv other person for nuclear explosive purposes. RESIDENT INSPECTORS SEC.15. Of the amounts authorized to be appmpriated under sec-tion 1, the Nuclear Regulatory Commission shall use such sums as may be necessary to conduct a study of the financial hardships in-curred by resident inspectors as a result of (1) regulations of the Commission requiring resident inspectors to relocate periodically from one daty station to another; and (2) the requirements of the Commission respecting the domicile of resident inspectors and re-specting travel beticeen their domicile and duty station in such manner as to avoid the appearance of a conflict of interest. Not later than 90 days after the date of the enactment of this Act, the Commission shall submit to the Congress a report setting forth the findings of the Commission as a result of such study, together seith a legislative proposal (including any supporting data or informa-1
11 deternuned by twn! relating to any assistance thr resident inspectors the Commission to Iw appielpriate. SAHoTAGE OF Ni1 I KAR E to illnF s < >R FI El IIS (' Energs A< t of I!G4 is JJti of the Atomu Sxc Iti Sec twn 2Js4i is amended to read as fidion s.AR F scn n its OR Fril. "Str JJti SanorAar or Nrcu: u Any person u ho intentwnally and icdlfully <!vstroys or causes t to or u ho intentwnally and u illfullr atte mp s physical damage to. destroy or cause physical damage to -- u tili:a t wn factlity licensed 'i I o a ny product wn fac di t, or th is under this Act. unste storanc thcilin lu ensed under "ili uny n uclea r u tdi:ation lacdit s. or any Act; or "idi any nuclear fuel for such a spent nuclear fuel from such a f acilit\\. imprisoned fhr not more than $ll).(H}il or shall be fined not nwre r attempts than ten rears. or both"b Any person u ho intentwnalls and a difully causes to cause an interruptwn of normal operation <>l an \\ l h the mai anen, through the unauthorized use of or ti.nywrtng n itshall be fined not more such lbcItt t\\. x or both componen ts, or controls of an \\than $llUHH) or imprisoned for not m DEPAR T3f ENT OF F A ERG Y INFOR AIA TinN iii of the A tomic Enern, Act of I!M4152 'Sec reta n b ' t h e Stc. ]: ta i Sectwn is 8 inserting after a n!n is a m ended by !!S C Jitikuicith respect to atomu energy defense programs,f I!G i i ) J l ~ S l' litis ' fidiou u ng.ibi Section ID of the Atomic Energy Act od thereof the fidbarma neu su bset is amended by adding at the en Secrctan concerning the applicabd tions: 'd. Any determinatwn by the uan t to sec. ity of this sectwn shall be subjet t to judicial ret <ca purs twn.35Jiad elb of title & linited States Code The Secretan shall prepare on a quarterly basis a repor "e. f each regulatwn or made acadable upon the reques the Secretan 's applicatwn during that permd o In pa rt o u la r. such th ?s sect wn order prescrdwd or issued under pu rs u s'it rma twn protected f rom disclo.,o o "eport shall-h % 11 iden tD an r a n t to such regulat wn or order.the Secretan s justification for deter. of the inthrm a twn J specifically stateu n a u th ori:ed dissenu nu t wnder could that protected from disclosure under such renulation or orhave a significant a nuning reasonably be expec ted to or the common defense and the health an ' sufi ts of the pubhc k h hood of' illegal pro-security by sigraficantly increasing the h eductwn of nu n uclear materials. equ ipmen t. or f acih ties, as subse< twn as and that the Sc< retan has upphed such ~L the " di provide justifico twn protect f rom disclosu re onir i amount of information n ecessa n to prote< t the w as to regulatwn or order nunimum
12 health and safety of the public or the common defense and secu rity. " STANDARDS AND REQUIREMENTS UNDER SEUTION 275 SEc 18. (a) Section 275 of the Atomic Energy Act of 1954 is amended-(1) by striking in subsection a. "one year after the date o actment of this section "and substituting " October 1,19S2'f en-by adding the following at the end thereof "After October 1 and 1982, if the Administmtor has not promulgated standards in final form under this subsection, any action of the Secretary Energy under title I of the Uranium Mill Tailings Radiation taken in acconlance with, standards of the Ad comply with, or be taken in accordance with, the standards pro-posed by the Administmtor under this subsection until such time as the Administratorpmmulgates such standants in final form. "; (2) by striking in subsection b. (1) " eighteen months after th mulgate" and inserting in lieu thereof the followienac e 31, 1982, il months thereafterpromulgate in finalform ";the Adm and within the Administmtor fails to promulgate standard under this subsection by October 1,1983, the authority of the Administrator to promulgate such standards shall terininate and the Commission muy take actions under this Act without .~cgard to any provision of this Act requiring such actions to b comply with, or be taken in accordance with, standards promul-gated by the Administrator. In any such case, the Commission ards ofgenemi application which the Commis sary to carry out its responsibilities in the conduct ofits licens-ing activities under this Act. Requirements established by the Commission under this Act with rispect to byproduct material as defined in sxtion 11 e. (2) shall conform to such sta Any requirements adopted by the Commission iespecting such. byproduct material before promulgation by the Commo such standards shall be amended as the Commission dee % essary to conform to such standard' in the same manner...s nec-vided in subsection f (31. Nothing in this subsection shall be as pro-ment by the Commission of any requirement of t pendingpromulgation by the Commission of any ofgeneral application. "; (4) by adding the following new subsection at the end th "f (1) Prior to January 1,198J, the Commission shall not iro e~^ ment or enforce the procisions of the Uranium Mill Licensing quirements published as final rules at 45 Federal Register 65521 to 65538 on October J,1980 (hereinafter in this subsection referred to as the ' October J regulations'). After December 31, 1982 the Com-
= 13 mission is authorized to implement and enfbne the provisions of such October J regulations (and any subsequent modifications or ad-ditions to such regulations tchich may be adopted by the Commis-sion). except as otherteise provided in paragraphs (2) and (J) of this subsection. "(2) Follotting the proposal by the Administrator of standards g under subsection b. the Commission shall revicte the October J regu-lations, and, not later than 90 days after the date of such proposal, suspend implementation and enforcement of any pmeision of such regulations schich the Commission determines after notice and o[- portunity for public comment to reeptire a major action or major ~ commitment by licensees tchich tcould be unnecessary if-E (A) the 'standanis proposed by the Administrator are promul-gated in final form teithout nunlification, and I (B) the Commission 's requirements are mmlified to conform to { such standards. Such suspension shall terminate on the earlier of April 1,1984 or w [ the date on tchich the Commission amends the Ot tober J regula-p tions to conform to Snal standards promulgated by the Administra-for under subsection b. During the period of such suspension, the a ? Commission shall continue to regulate by pnxluet material (as de-p fined in section 11 c. (2)) under this Act on a licensee-by-licensee e basis as the Commission deems necessary to protect public health, b safety, and the environment. "IJJ Not later than li months after the date on tchich the Admin-p istrator promulgates final standards pursuant to subsection b. cf y this section, the Commission shall, after notice and opportunity for public comment, amend the G.tober J regulations, and adopt such u V modifications, as the Commission deems necessary to conform to [' such final standards of the Administrator. L "(4) Nothing in this subsection may be construed as affecting the V authority or responsibility of the Commission under section 84 to Q pmmulgate reguhitions to pmtect the public health and safety and G the environment.. { tbk!) Section 10Sta) of the Uranium Mill Tailings Radiation Con- [ trol Act of 1978 is amended by adding the follotcing nete paragraph if-at the end thereof: b "(J) Notuithstanding paragraphe (1) and (2) of this subsection, l h after October dl,1982, if the Administrator has not promulgated [ standards under section lib a. of the Atomic Energy Act of1954 in final form by such date, amedial action taken by the Secretary under this title shall comply teith the standards proposed by the Administrator under such section 275 a. until such time as the Ad-i ministrator promulgates the stordards in final form. ". (2) The second sentence of section 108(ak2) a the Uranium Mill Tailings Radiation C<mtrol Act of1978 is repea[ed. AGREEMENT STA TES + Ssc.19. (a) Section 274 o. of the Atomic Energy Act of 1954 is L amended by adding the follotting at the end thereof "In adopting p requiremente pursuant to paragraph (2) of this subsection with re-W spect to sites at ichich ores are processed primarily for their source material content or ichich are used for the aisposal of bypnxluct r MF k W E
14 L matcrial as defined in section 11 e. (2), the State may adopt alterna-tives (including, schere appropriate, site-specific alternatives) to the requirements adopted and enforced by the Commission for the same purpose if, after notice and opportunity for public hearing, the Com-mission determines that such alternatives teill achieve a level of sta-bilization and containment of the sites concerned, and a level of pmtection for public health, safety, and the environment fmm radi-ological and nonradiological hazards associated with such sites, schich is equivalent to, to the extent practicable, or more stringent than the level ichich icould be achieved by standards and require-ments adopted and enforted by the Commission for the sa ne pur-pose and any final standants promulgated by the Administrator of r the Envimnmental Pmtection Agency in accordance tvith section 275. Such alternative State requirements may take into account local or regional conditions, including geology, topography, hydml-ogy and meteorology. ". (b)Section 204(hM,2) of the Umnium Mill Tailings Radiation Con-trol Act of 1978 is amended by inserting the folloleing before the ~ period at the end thereof ": Provided, hottever, That, in the case of a State ichich has exercised any authoritv under State late pursuant 7 to an agreement entered into under section 274 of the Atomic Energy Act of 1954, the State authority over such bypmduct material may e y be terminated, and the Commission authority over cuch material may be exercised, only after compliance by the Commission teith the 5 same procedures as are a plicable in the case of termination of g agreements under section 74 j. of the Atomic Energy Act of 1954.' e AMENDMENT TO SECTION 84 5 SEc. 20. Section 84 of the Atomic Energy Act of 1954 is amended by adding the follotting at the end thereof- "c. In the case of sites at ichich ores are processed primarily for their source material content or tchich are used for the disposal of = y byproduct material as defined in section 11 e. (2), a licensee may F prop 0se alternatives to specific requirements adopted and enforced by the Commission under this Act. Such alternative proposals may take into account local or regional conditions, including geology, to-pography, hydrology and meteorology. The Commission may treat such alternatives as satisfring Commission requirements if the Com- ~ "v.1 mission determines that sitch alternatives trill achieve a level of sta- ?*& C bilization and containment of the sites concerned, and a level of W, Q{r ?,f a profetibn for public health, safety, and the environment from radi-
- ylQ.
I ological and nonradiological hazards associated trith such sites, schich is equivalent to, to the extent practicable, or more stringent N than the level ichich icould be achieved by standanis and require- , /3 ; >V ments adopted a id enforted by the Commission for the same pur-a p<s: and any final s andards promulgated by the Administrator of kW W the Envimnmental Protection agency in accordance teith section 2 75. " EDGEMONT E Stc. 21. Section 102te) of :he Uranium Mill Tailings Radiation l Control Act of1978 is amended by adding the follotting at the end thereof: E. 1 5 3 - ~ ~
..~ ,. v u n.s.. 1: +.. W A.. yp.bh-l., q g *:*i, i. idi The Secretan shall designate as a pmcessing site u ithin the
- V.
meaning of sectwn ll) ldh any rea.' property. or improt ements there- ~ ".:y on. in Edgemont. South Ikikota that-Y.. ~ L "t A t is in the vicinity of the Tennessee Valley Authority ura ..?.. *.. % 'I~ resulual radwactive materials l? % j. nium mill site at Edgemont ibut not including such site). a rul "ilD is detemined by the Secretary to be contaminated u tih ([, -l In making the designatwn u nd:r this paragraph. the Secreta n i ?.. shall consult icith the Admuustrator. the Comnusswn and the State V.::" of %uth thikota. The proviswns of this title shall apply to the site j'l .Q, so designated in the same manner and to the same extent as to the L' sites designated under subsectwn ta i except that. in applying such g prot iswns to such site. any reference in this title to the date of the > < f '< C-enactment of this Act shall be treated as a reference to the date of ,). the enactment of this paragraph and in deternuning the State share .,. A' b L '.8., under sectwn ItC af the costs of remedial action. there shall be cred ML. Q ited to the State. expendituros made by the State prwr to the date of L. l ". g) the enactment of this paraaraph a hich the Secretan deternu n es - Y u ould hat e been made br the State or the United States in varning '~9..' c out the requiremon ts of this title. f;.;
- p. -
y .s - ' '. ~. .Y .tDDITiuNAE A \\f ENDMENTN TO SFi'Th >Ns 3 ;.t A D
- Vi.
- y SEr. JJ. t a ' Sectu on % a i l i of th e A tom u Eneray Act of l%) is
.s'Qs D amended b;, inserting before the comma at the end thereof th - (bl ~ .'6-v Q louang: taking into account the risk to the pubin health. safety. hli Q and the en ironment. u ith due considerutwn of the econonur < osts ^ 3' and such other fin tors as the Comnusswn deternunes to be appropri- ~ ' ll^- a te. 7,.' ibi Sectwn JM of the A tom u Energy Act of 19.M is amended-i.%.4.; ili in subsci twn u.. by inserting after the second sen tem e ' ? 'O thereof the tidiou tng neu sentence: 'In estabhshina sw h stand L HQ Q, ards. the Adunnistrator shall consuler the risk to the publu .y ?t.i health. safets. and the environment. the eniironmental and eco '~:- nonnc costs of applying such standards. and such other f actors I. :%; e s ? as the Administrator deternunes to be appropriate.and C iJ> by adding at the end of subsectwn b. iI! the follou ing neu N-?-N ?,h-sen tence: 'In estabhshing such standards. the A dnu n is t ra tor , %W ~
- Qj shall c onsuler the risk to the pubin health. safety and the en.
. l. i t ronmen t, tho en t ironmental and econom u costs of applying ,;; }. l$ such standards. and such other factars as the Admunstrator de fib ~ ternunes to be appropriate .T]- Q ' l, T'g? ?& I RA nil ~ u si l'I'l_ > }%' ' s v: ? a iQ SFr J.i. ta n j i Not later than }} months ulter the date of ema t-K.2 % j.)f ment of this sectwn. the Presulent shall prepare and subnnt to the ~# Congress a comprehensu e recien of the status of the domesto ^ u rwn um mining and nul!ing industry. l'h is ret teu sh dl he made acuda N ]l ._ s ble to the appropriate comnuttees of the l' ruled States Senate a nd &Q y, <. the house of Represen tatn vs. W ', T, iJ' The comprehensive reciva prepared for subunsswn u nder para ' l.., Q. ^^ graph li shall include- %..'- l * .;j i i A i projectwns of u ra niu m r eipu rc m en ts and un enturies of W '.;:. ( ff. domestic 'itilities lG L. y- ~,%:f ?.* '(s., y-W QM" .!: 1 . [_ f ~, . y., - f e-e .V +'4 .t. b a J, ( 1 . 4 er ,I-f
F 16 (B) pmsent and future projected uranium prodt ction by the domestic mining and milling industry; (C) the present and future probable penetration of the domes-tic market by foreign imports; (D) the size of domestic and foreign ore userves; (El present and pmjected domestic uranium exploration ex-penditures and plans; (F)present and projected employment and capital investment in the uranium industry; (G) an estimate of the level of domestic uranium production necessary to ensure the viable existence of a domestic uranium industry and pmtection of national security interests; (H) an estimate of the perrentage of domestic uranium demand achich must be met by domestic uranium production through the year 2000 in order to ensure the level of domestic production estimated to be neceuary under subparagraph (G1; (D a pmjection of domestic uranium production and uranium price levels tchich teill be in effect both under current policy h and in the event that foreign import restrictions ivere enacted by Congress in order to guarantee domestic production at the y& level estimated to be necessary under subparagraph (G); $M (J) the anticipated effect of spent nuclear fuel reprocessing on the demand for uranium; and = 3 (K) other information relevant to the consideration of restric-l i tions on the importation of source material and t>pecial nuclear h l material fmm foreign sources. h; tbti) Chapter 14 of the Atomic Energy Act of 1954 is amended by adding the follotting neic section at the end thereof- "Sec.170B. UaAxivu Surrty.- "a. The Secretary of Energy shall monitor and for the years 198J to 1992 repcrt annually to the Congress and to the President a deter-mination of the viability of the domestic uranium mining and mill-ing industry and shall establish by rule, after public notice and in accordance tvith the requirements of section 181 of this Act, teithin w lf 9 months of enactment of this section, specific criteria ichich shall be assessed in the annual reports on the domestic uranium indus-try's viability. The Secretary of Energy is authorized to issue regula-tions providing for the collection of such information as the Secre-tary of Energy deems necessary to carry out the monitoring and re-porting requircments of this section. "b. Upon a satisfactory shoicing to the Secretary of Energy by any L person that any information, or portion thereof obtained under this section, trould, if made public, divulge proprietary information of such person, the Secretary shall not disclose such information and disclosure thereof shall be punishable under section 1905 of title 18, United States Code. "c. The criteria referred to in subsection a. shall also include, but not be limited to-
I T 17 "(1) an assessment of tchether executed contmets or options for source material or special nuclear material tvill result in greater than thirty-seven and one-half pertent of actual or pro-jected domestic uranium requirements for any tiro consecutive year period being supplied by source material or special nuclear material from fortign sourtes; "ill projections of uranium requirements and inventories of domestic utilities for a 10 year period; "(J) present and probable future use of the domestic market by foreign imports; "(4) tchether domestic economic reserves can supply all future needs for a future ten year period; "(5) present and projected domestic uranium exploration ex-penditures and plans; "(6)present and projected employment and capital investment = in the uranium industry; "(I) the level of domestic uranium production capacity suffi-cient to meet projected domestic nuclear power needs for a ten- = year p)eriod; and = "(b a projection of domestic uranium prwiuction and urani-um price levels chich teill be in effect under various assump-tions with respect to imports. "d. The Secretary of r:nergy, at any time, may determine on the basis of.he monitoring and annual reports required under this sec-tion that source material or special nuclear material from foreign sources is being imported in such increased quantities as to be a y substantial cause of serious injury, or threat thereof, to the United States uranium mining and milling industry. Based on that deter- = mination, the United States Tmde Representative shall request that the United States International Trade Commission initiate an in- ~ vestigation under section 201 of the Trade Act of 1974 (19 U.S.C. 2251). "e. (1) During the period 1932 to 1992, if the Secretary of Energy = g determines that executed contracts or options for source material or special nuclear material from foreign sources for use in utilization facilities teithin or under thejurisdiction of the United States repre-sent greater than thirty-seven and one-halfperrent of actual or pro- = jected domestic urnnium requirements for any two consecutive year period, then the Secretary shall immediately revise criteria for serv-ices offered under paragraph (A) of section 161 v. to enhance the use of sourte material of domestic origin for use in utilization facilities licensed, or required to be licensed, under section 10J or 104 b. of this Act within or under thejurisdiction of the United States. "(2) In revising criteria pursuant to paragraph (1), the Secretary 2 shall not affect in any way the right to deliver, use, or enrich for-eign source material or foreign spetlal nuclear material, including y any such right arising under existing contracts or option contracts. _= M 99-142 0 3 5
i 18 "(J) Subsequent to the determination under paragraph (1), or if the Secretary of Energy determines the level of contracts or options involving source material and special nuclear material fmm forripr> sourtes threatens to impair the national security, the Secretary of ) Energy shall request the Secittary of Commerce to initiate under section 2J2 of the Trude Expansion Act of 1962 (19 U.S.C.1862) an investigation to determine the effects on the national security ofim-ports of source material and special nuclear material. The Secretary of Energy shall cooperate fully teith the Secretary of Commerce in carrying out such an investigation and shall make available to the Secretary of Commerce the findings that lead to this request, the basis for them and such other information that still assist the Sec-retary of Commerte in the conduct of the investigation. "(4) The Secretary of Commerce shall, in the conduct of any inves-ligation requested by the Secretary of Energy pursuant to this sec-tion, take into account any information made available by the Sec-retary of Energy, including an assessment of schether projected or ) executed contracts or options for source m.terial or special nuclear material from foreign sources threaten to smpair the national secu. rity or schether domestic production capacity is sufficient to supply projected national security or defense requirements. \\ "(5) No sooner than J years folloteing completion of any investiga-i tion by the Secretary of Commerce under pararraph (J), if nc recom-mendation has been made pursuant to such study for trads adjust-ments to assist or protect domestic uranium production, the Secrc-tary of Energy may initie.e a request for another such investigation by the Secretary of Commerce, except that restrictions on contracting under subsection f shall not take effect by avason ofsuch additional investigation unless the Secretary of Energy determines that nete in-formation related to national security requires that contracting be suspendedpursuant to subsection f "f in orifer to protect essential security interests of the United States, upon the initiation of an investigation under subsection e. to determine the effects on the national security of imports of sourte material or special nuclear materi.,1 pursuant to section 2J2 of the Trade Expansion Act of 1962, it shall be unlaicful to execute a con-tract or option contract resulting in the import of additional sourte raaterial or special nuclear material from foreign sourtes, schich is intended to be used in domestic utilization facilities licensed, or re-quired to be licensed, under section 10J or 104 b. of this Act. This prohibition shall remain in effect for a period of tteo years or until the President has taken action to adjust the importation of sourte material and special nuclear material so that such imports trill not threaten to impair the national security, tchichever first occurs." 1
_Z 19 W The table of contents for such chapter 14 is amended by adding the following at the end thereof "Sec. I 0R lirunium supply." And the Senate agree to the same. MO UDALL, y JONATilAN B. BINGilAM, JOllN F. SEIBERLING, EDWARD J. MARKEY, JOllN D. DINGELL, RICilARD Ol~ RINGER, TOBy MOrrErr, MANUEL LUJAN, Jr., DAN MARRIOTr, JAMES T. BROrmLL, CARWS J. MOORilEAD, Afanagers on the Part of the House. AL SIMPSON, PETE V. DOMENICI, STEVE SvMMs, ROBERT T. STAF>oRD, GARY HART. GEORGE J. MITCllELL, JENNINGS RANDOLPil, Afanagers on the Part of the Senate. v.-l 4,,, GM
\\ JOINT EXPLANATORY STATEMENT OF TIIE COMMI'ITEE OF CONFERENCE The managers on the part of the llouse and the Senate at the conference on the disagreeing votes of the two llouses on the amendment of the Senate to the bill (ll.R. 2330), to authorize ap-propriations to the Nuclear Regulatory Commission in accordance with section 261 of the Atomic Energy Act of 1954, as amended, and section 305 of the Energy Reorganization Act of 1974, as amended, and for other purposes submit the following joint state-ment to the House and the Senate in explanation of the effect of the action agreed upon by the managers and recommended in the accompanying conference report: TOTAL NRC AUTHORIZATION Section 1 of the conference agreement authorizes the appropri-ation of funds for the salaries and expenses of the Nuclear Regula-tory C< mmission (NRC) during fiscal years 1982 and 1983. Subswtion 1(a) of the agreement authorizes a total of $485,201,000 for fiscal year 1982, and $513,100,000 for fiscal year 1983. For each fiscal year, the two houses recommended differing total funiing levels for the NRC. The conference agreement incor-porates the lesser of the two total authorization levels for each of the fiscal years; the effect is to use the Senate-approved authoriza-tion for FY 1982, and the House-approved total for FY 1983. For FY 1982, the authorization total is in excess of the amount appro-priated for NRC under Public Law 97-88. For fiscal year 1983, the amount authorized for the agency is in excess of the amount re-quested in January 1982 by the Administration for the NRC. The table below summarizes the various total authorization levels recommended for NRC. FsJi per-1982 1981 q 4RC request submeed January 198L _ _ 1500.700.000 1530.000.000 g hRC request submitted January 1982_. _... _.. -... _. _.... _... _.......... 4653 00.000. Putec Law 97-88. Ene gy amt Water Appropnaten Act (passed Dec 4.1981). _ 479.500.000 i N R 2330 (passed tv House hov 5.1981. - 11707 (passed ey Senate (War 30. 1982).._ 485 873.000 513.100.000 485.200.000 530.000.000 Conference agreement _... _.. _ _.. _ _ - - 485 200F 513.100.000 NUCLEAR REACTOR REGULATION Paragraph 1 of subsection 1(a) of the conference agreement au-thorizes funds for the NRC's Office of Nuclear Reactor Regulation (NRR). c.s l l I D.
y ur..- ..x ~..~... .. _g'. - :. v. 4'_
- i.~
Ik v ,"ve~~~ 4 ol -.gA g.: - r The Hou e bill authorized $74.097.WO for NRR in fiscal year . l'. ". : ' ) 1982 and $76.714.400 in tiscal year 1931 The House also speified "j'f*- .ia e that up to $1.000JHH) m each tiscal vear was available to accelerate J the effort in gas-cooled thermal reactor preapplication review I '. cf 1 ~ The Senate amendment aut horized $37>.100.000 for NRR durmg e.4 - 3 fiscal year 1982. and $7s.2xo.000 during fiscal year 19s:i The %....~.,$i 1 Senate amendment. like the House hill. specified that an amount J 2; t' L g not to exceed $1JNo.oun in each fiscal year be available to acceler-N ;9 n. ate the ef fort in gas. cooled thermal reactor preapphcation review .v.D j s [,, f., The Senate amendment also designated up to $O00.000 m each .,'c (.",..~~ .E fiscai year for licensmg review work for a fast breeder reactor pro- ,5 E 9 N F ject th ' ' t O The confer ence agreement recommends an authori/at ion for Nu- > l k '.; M 1 clear Reactor Regulation which in each fiscal year talls between -.4 - - 2 m the amounts recommended by the House and 5 enate m their re-n 7 x.J./ 2 I spective bills The compronuse authori/es $ 30.700.000 durmg fisal l ^ > .1"."4 m -vear 1932. and $77.000.000 durine fiscal vear 19s:s ?'.o 0 - 2 a The conf,erence agreement retains the specification of.41.oon.or .Q l.-? :.. _ < to he available in each fiscal year for gas-cooled reactors The-i fu nds have been earmarked because the conf erees beheve t hat. m T,' l 8 !.I.. I comparison with light water reactors, ga3-cooh d reactors are poten-U~ k tially advantaceous with re pett to safety. uranium requirements. ,,M:f,., ~ T [ and cooling water requirements
- g"
.' ? Based upon a review of the NR(5 current regulatory needs for l '! ' <?. i - the f ast breeder reactor p rog ra m. the agreement red uces t rom ,.m ?., # C - i f ' $O00.000 t o $6.000.000 the maximum amount available for license W.N'..:~N. .~ if review work related to the f ast breeder reactor + and mam-tenance . w ', #f' 7 The table below summarizes various authorvation les el. recom-M.7;.4iFe y,.. 7 ?. - ~ mended for the Office of Nuclear Reactor Regulation a..: g-*.p:._ f,.r E,L.i
- K.." '
- ..i.,,',_
2 1 6- -. q - }gI .k.* '. p-.* g ss s. 4 q v... 3 ww 4
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g.; =. wm-n e x, ,4 _ u.,,.. f" - h,n.vc 4., - ; ;,...., p -, e.- .,.;. ( - [ F g,. ,9, -:-.. y. n INseWTloN e n EN FoR W EN1 h h ~ g, k/,1 ;.' "r; I Paragraph 2 of subsection 'at of t he con f e rence ag ree me n t au-thorves f unds f or the Of fice of Inspection and Enf or ement 'l&Ei &,7 I '. U. }. 4p f durmg tiscal years 19s2 and 193:1 4 4,. . y,. A....1=: uw ...,n .s** >. f,. .y"' ~ l t;i.(.., , .,. +. v, %. ;., - n..: f,. N' ,i p l'[ ".,s A.'.,h [ C f 7 '.*. " -]if,, k s.,, -[. S. .l { '.,y e f '.' ,..,',l. mrL x p z.
22 The House bill authorized $61,513,400 for I&E during FY 1982, and $62,564,600 for the program in FY 1983. The Senate amend-ment recommended an authorization for the Office of Inspection and Enforcement of $62,900,000 in FY 1982 and $70,' 0,000 during FY 1983. The conference agreement authorizes $62,900,000 for I&E during fiscal year 1982. This amount is equal to that approved in the Senate amendment and is the higher of the differing amounts ap-proved by the two houses in their respective versions of the author-izing legislation. The conferees believe the higher authorization level in this case will help to expand the resident inspector pro-gram, upgrade quality assurance and quality control functions, and establish an investigative office responsible for rigorous investiga-tions of failures and alleged breakdowns of the NRC inspection and enforcement program. The conference agreement authorizes $69,80,000 for I&E during FY 1983. This amount falls between the recommendations of the House and Senate for FY 1983. The availability and use of funds for a nuclear data link system is not addressed in paragraph 2 of subsection 1(a). This matter is treated separately in section 8 of the conference agreement. The table below summarizes the authorization of funds for the Office ofInspection and Enforcement. foc2 pa-1982 1983 NRC request sutmttet Janay 1981 $61.680.000 $70.210.000 NRC reque:t submitted January 1982.. _.. _ 69.850.000 H R 2330 (passed by House Ncv 5,1981. 61.513.400 62.564.600 $ 1201 (passed by Senate War 30. 1982 - 62.900,000 10.210.000 DWerence areement.. 62.900.000 69.850.000 NUCLEAR MATERIAL SAFETY AND SAFEGUARDS Paragraph 3 of subsection 1(a) of the conference agreement au-thorizes appropriations for NRC's Office of Nuclear Material Safety and Safeguards (NMSS) for FY 1982 and FY 1983. The House bill authorized $45,766,000 during FY 1982, and $47,059,600 for FY 1983 to be appropriated for NMSS. The Senate amendment authorized,*38,500,000 for NMSS in FY 1982, and $48,020,000 during FY 1983. The conference agreement for FY 1982 is $42,000,000 for NMSS; an amount that is approximately mid.vay between the authoriza-tion levels approved by the respective houses. The conference agreement also authorizes $47,059,600 for NMSS during FY 1983, an amount equal to that authorized by the House bill. The authori-zation recommendations for NRC's Office of Nuclear Material Safety and Safeguards are summarized in the table below.
23 l na sen 3 82 1983 WC request %tmded Janut y 1981 $45 700.000 $48 020.000 MC request si.bmmed laxary 1962.. 37.385 003 H.R 2330 (Dassed ty Hcase % 5. E") 45.756.000 47.059.600 51207 (passed ty Serse War 31 1982) 38.500.000 47.C59 600 Conference agreement.. 42,000 0M 4T059 600 NUCLEAR REGULATORY RESEARCil I Paragraph 4 of subsection 1(a) of the conference agreement au-thorizes funds to be used by the NRC's Office of Nuclear Regula-tory Research (RES) during fiscal years,1982 and 1983. Under the conference agreement the authorization of funds for Standards De-i velopment has been included in the RES line-item, thereby renect-ing an internal reorganization at the NRC that was consummated following consideration by the flouse authorizing committees of the Commission budget request submitted in January of 1981. The Commission budget request had maintained the separation of the Standards Development budget function from the RES function which prevailed prior to the reorganization. The IIouse bill authorized $227,301,200 for HES and $17,594,000 for Standards Development during FY 1982. The llouse also au-thorized $247,136,400 for regulatory research and $17,630,200 for Standards Development in FY 1983. The IIouse bill specified that i of the funds authorized for each of the fiscal years, amounts not to exceed $3,500,000 in FY 1982 and $4,500,000 in FY 1983 are availa-ble to accelerate the effort in gas-cooled thermal reactor safety re-search. The Senate amendment, like the conference agreement, author-izes funds for RES and Standards Development as a single line-item identified as " Nuclear Regulatory Research." The Senate amendment (S.1207) authorized $240,300,000 during FY 1982 and $270,170,000 in FY 1983 for this function. Similar to the IIouse bill (II.R. 2330), the Senate amendment specifies that up to $3,500,000 in FY 1982 and $4,500,000 in FY 1983 of the amounts authorized are available to accelerate the effort in gas-cooled thermal reactor safety research. Further, the Senate amendment designated an amount not to exceed $20,000,000 in each fiscal year to be used for fast breeder reactor safety research. The conference agreement authorizes $240,300,000 for fiscal year 1982 and $257,195,000 for fiscal year 1983 which may be used for i Nuclear Regulatory Research. In each fiscal year the total amounts authorized for Nuclear Regulatory Research subsumes funds au-thorized for Standards Development. The conference agreement adopts the authorization level for FY 1982 that was originally ap-proved by the Senate. The authorization level for fiscal year 1983 falls between the differing amounts approved by the IIouse and Senate. The conference agreement allocates up to $3,500,000 in FY 1982, and up to $4,500,000 in FY 1983 for the purpose of accelerating the effort in gas-cooled reactor safety research. This designation of i
24 funds to be available for gas-cooled reactors is identical to the pro-visions that appeared in ll.R. 2330 and S.1207. Based upon a review of the NRC's current regulatory research budget needs for the fast breeder reactor program (predominantly t for the Clinch River project), the conference agreement reduces the amount set aside within the RES line item for fast breeder reactor regulatory research from $20,000,000 per year to $18,000,000 per year. The conferees intend that the funds earmarked for breeder 5 reactor regulatory research will help prepare the NRC for review-ing and acting on applications for licenses to construct and operate a breeder reactor, as well as subsequent regulation of the facility. The conferees expect the Commission to use the funds designated t for this purpose to establish the necessary regulatory program and requirements in order that any required licensing determinations can be made in a manner which provides adequate protection of i public health and safety and the environment. The conference agreement further provides that if the fast breed-er reactor project is terminated (i.e., if the Clinch River Breeder Reactor construction permit application is withdrawn or indefinite-ly deferred) funds set aside for the breeder reactor safety research program shall be used genera!!y for Nuclear Regulatory Research. Paragraph 4 of subsection ita) of the conference agreement is silent on the availability and use of funds for the Loss-of-Fluid-Test facility and program. This matter is addressed separately in section 7 of the conference agreement. A summary of requests and recommendations for the authoriza-tion of appropriations for Nuclear Regulatory Research during fiscal years 1982 and 1983 is presented in the able below. Ic YT. MC rewest setted Januaq 1981 Stanca'ds development.. 111350 000 111.990 000 r. RegWatory research............... 231,940 000 252 180 000 s MC request sutfM'ed Januaq 1982 (50 and R[S comtmed). 219 125 000 t H R 2330 (passed ty House %v 5.1981) Sundards dewopment.. 11.591 000 17 630.200 Regfabry research.. _........ - 221 301 200 241.136.400 S 1201 mazed by Sena'e Mar 30. 1982) 241300 000 270.110 000 T Confe'exe areeaut.. 241 300.000 251.195 600 I k PROGRAM TECl!NICAL SUPPORT Paragraph 5 of subsection 1(a) of the conference agreement au-thorizes appropriations for the agency's Program Technical Sup-port tPTS) function. L The lloure bill authorized appropriations for PTS in the amounts of $18,757,200 for fiscal year 1982, and $20,197,800 for fiscal year 1983. The Senate amendment authorized $21,900,000 for PTS in FY 1982 and $20,610,000 for that budget function in FY 1983. The conference agreement authorizes an amount equal to that approved by the Senate, $21,900,000, for FY 1982; and, an amount equal to that approved by the llouse for FY 1983, $20,197,800. r E-L_ =
25 A summary of the authorization for Program Technical Support is presented in the table below. IsJ pa-1982 1983 hRC request sutetted January 1981... $19.140.000 $20.610.000 NRC request submit *ed January 1982....-. 23.400.000 H R 2330 (passed tv House Nov 5.1981).. 18,757.200 20.197f90 S.1207 (passed ty Senate Mar 30. 1982)._ 21.900.000 20.610.000 CWerente ag'eement 21.900 100 20.197.800 PROGRAM DIF.ECrlON AND ADMINISTRATION J Paragraph 6 of subsection 1(a) of the conference agreement au-thorizes funds during fiscal years 1982 and 1983 for the Commis-sion's Program Direction and Administration (PDA) 1udget func-tion. The llouse bill authorized $40,846,400 for PDA during fiscal year 1982, and $41,797,000 for fiscal year 1983. The Senate amendment authorized $37,000,000 for PDA in FY 1982, and $42,650,000 during fiscal year 1983. The conference agreement authorizes $37,400,000 in fiscal year 1982 for Program Direction and Administration, and $41,797,000 for fiscal year 1983. The conference agreement for fiscal year 1982 falls between the ditfering funding levels authorized by the IIouse bill and Senate amendment. For fiscal year 1983, the conferees adopted the authorization level recommended by the House in II.R. 2330. The table below summarizes the Program Direction and Admin-c istration authorization. FsJi em-1982 1983 kRC request silm&d JaNa71981 $41.680.000 $42.650.000 NRC request submit'ed January 1982.... 36.020.000 H R. 2330 (Gassed ty House hov 5.1981) _. 40.846 400 41.197.000 S.1207 (passed ty Senate War 30. 1982).. _.. _ 37.000.000 42.650.000 Conference agreement. 37.400.000 41.797.000 RESEARCll GRANTS AND COOPERATIVE AGREEMENTS WITII UNIVERSITIES Subsection 1(b) of the conference agreement authorizes the Com-mission to use up to one percent of the amounts authorized for the Office of Nuclear Regulatory Research (paragraph 4 of subsection 1(a)) for the purpose of making research grants and other research arrangements with universities. Both houses had approved a simi-lar provision in their respective bills. The conference agreement also incorporates language from II.R. 2330 which instructs the Commission to endeavor to provide appro-
26 priate opportunities for universities in which the student body is predominantly comprised of minority groups. The conference agreement responds to a situation brought to the attention of the Congress by the Nuclear Engineering Department Ileads Organization. This group is concerned that the NRC is exer-cising its existing authority under section 31a. of the Atomic Energy Act of 1954 (42 U.S. 2051(a)) to make research grants to universities in a way that unnecessarily impedes and frustrates the ability of those institutions to perform research for the agency. The conferees believe that the MRC's university grants program provides an important means of obtaining high quality research of direct value to the agency and its regulatory mission. The confer-ees believe the NRC should continue the grants program through an annual request for proposal (RFP) solicitation in the Federal Register. While the funds authorized by the conference agreement for uni-versity research grants are a small part of the overall NRC budget (approximately $2.5 million in each fiscal year), the conferees be-lieve these funds represent a very valuable resource for graduate student training and university participation in reactor safety tech-nology and nuclear regulation. REPROGRAMMING AUTIIORITY Both the IIouse bill and the Senate amendment authorized the Commission to reallocate authorized funds among programs pro-vided certain specified conditions were fulfilled. Both houses re-quired the Commission to notify the authorizing committees of any intended action to reprogram more than $500,000. Both provisions specified that the authorizing committees would have thirty legisla-tive days to review the Commission's proposed action. Finally, under both provisions, the proposed reallocation of $500,000 could go forward before the expiration of the 30-day period (following submission to the authorizing committees of the Commission's " full and complete statement" of the proposed action to be taken) if each authorizing committee transmits to the Commission a written noti-fication that the committee does not object to the proposed action. Subsection 1(c) of II.R. 2330 authorized the Commission to reallo-cate funds in excess of $500,000 following the expiration of the 30-day period only if none of the authorizing committees had objected in writing to such proposed action. Ilouse approvai of this require-ment was linked to the new 2-year authorization period and was based on the expectation that the Commission would have cause to use the reprogramming authority more frequently than was the cace when a new authorization oill was enacted each year. The Ilouse provision both provided the Commission with flexibility to reallocate funds, and provided the authorizing committees with a mechanism for ensuring that the Commission use authorized runds in a manner consistent with congressional intent. Under the Senate provision, subsection 1(c) of S.1207, there was no authority vested in the authorizing committees to disapprove such reallocations by objecting in writing. In light of concerns raised by the Department of Justice regard-ing the constitutionality of a legislative veto of the type contained
27 i in the llouse bill, the conferees adopted the Senate provision, with one modification. The modification agreed to by the conferees is in-tended to clarify that the Commission is authorized to reprogram funds not only between program offices, but also between specific activities within a single program ottice. The conferees also expect that the Commission will give substan-tial weight to written coriments forwarded to it by any of the authorizing committees concerning any NRC proposed action to reallocate amounts in excess of $500,000. SECTION 2-COOPERATIVE RESEARel' AND MATERIAL ACC15S AUTHORIZATION FUNDING Both the IIouse bill and the Senate amendment authorized the l Cornmission to use funds received for the cooperative nuclear pro-gram for salaries and expenses associated with that program. The Senate provision also authorized use of funds received for the mate-rial access authorization program for salaries and expenses associ-ated with that program. The conferees incorporated this Senate provision in the conference agreement. SECTION 3-TRANSFERS OF FUNDS The conferees adopted the Senate provision, which differs only in certain minor technical respects from the Ilouse provision. SECrlON 4-LIMITATION ON SPENDING AUTilORITY The conference agreement contains this provision which is iden-tical to that in both II.R. 2330 and S.1207. SECTioN 5-EMERGENCY PLANNING Both the llouse bill and the Senate amendment contained provi-sions reaffirming the authority granted to the Commission under section 109 of the NRC Authorization Act for fiscal year 1980 (Public Law 96-295). This authority allows the Commission, in the absence of an approved State or local emergency preparedness plan, to issue an operating license for a nuclear power plant only if it determines that there exists a State, local, or utility emergency preparedness plan which provides reasonable assurance that the public health and safety is not endangered by operation of the plant. In addition to reiterating the intent of Congress in enacting sec-tion 109 of P.L. 96-295, both houses explicitly stated that, in the absence of an approved State or local emergency preparedness plan, the Commissien must make a similar determination prior to the issuance of a temporary operating license. The relevent legisla-t tive language ir. found in sectica 8 of II.R. 2330 and section 302 of S.1207. While technical differences exist between section 8 of the Ilouse N bill and section 302 of the Senate amendment, the intent of both houses was the same. The conferees adopted the Ilouse provision which is included as section 5 of the conference agreement. Finally, the conferees reiterate and emphasize the congressional intent expressed upon enactment of secticn 109 of P.L. 96-295 that l k
1 7 i- [ 28 r ultimately every nuclear power plant will have applicable to it a state emergency response plan that provider, reasonable assurance L t that the public health and safety will not be endangered in the ? event of an emergency at such plant requiring protective action. + .f SECTIoN 6-NUCLEAR SAFPrY GOAL 5 Both the House bill and the Senate amendment contained provi-I sions respecting the Commission's efforts to establish a safety goal T for nuclear reactor regulation. i. Section 9 of H.R. 2330 limited the authority of the Commission to 1 promulgate or publish a safety goal for nuclear power reactors [ prior to the completion of public hearings and directed the Com-mission to expedite, to the extent practicable, the development of ak the safety goal w as to allow for its establishment no later than December 31,1981. Section 10G of S.1207 directed NRC to expedite establishment of a safety goal for nuclear reactor regulation. The Senate further di-rected that, unk'ss the Commission decided otherwise, the safety goal was to be issued prior to issuance of regulations affecting engi-neered safety features, siting requirements, and emergency plan-n m g. Section 6 of the conference agreement directs the Commission to expedite the development of a safety goal and accompanying rwth-odologies so as to permit establishment of a safety goal .o later than December 31, 1982. In light of information presented to the conferees indicating that the Commission is already conducting public hearings on the development of a safety goal, the compro-mise provision deletes that portion of the House provision related to public hearings. The conferees intend that the Commission con-tinue to solicit public comment, and the conferees encourage the Commission to ensure amply opportunity for public participation in J the development of the safety goal. The conference agreement deletes from the Senate amendment the references to deferral of promulgation ;f certain new regula-tions until after the establishment of a safety goal. While the con-ferees have decided to delete this language from the compromise, the conferees nevertheless wish to emphasize the importance of early development and promulgation of a safety goal. It is the view of the conferees, therefore, that unless the Commission determmes otherwise, establishment of the safety goal should precede develop-ment of certain new regulations referred to in the Senate amend-ment, thereby providing a threshhold standard upon which the de-velopment of these other requirements could be premised. The con-ferees intend that the definition of safety goals and the regulations to achieve them proceed in reasoned sequence to the end that those regulations necessary to protect public health and safety effectively incorporate the safety goa: The conferees also reiterate their full support of the objectives and policiu of section 108 of the NRC Authorization Act for fiscal year 1980 tPublic Law 96-2:5) related to remote siting of utilization facilities. Specifically, the' conferees intend that the Commission continue to promulgate in a timely fashion demographic require-m.
29 ments for the siting of utilization facilities which are independent of facility design. SECTION 7-LOSS-OF-FLUID-TEST PROGRAM The Ilouse bill and the Senate amendment each contaired provi-sions pertaining to the funding of the Loss-of-Fluid-Test facility (LOFT). Section 6 of II.R. 2330 imposed restrictions on the ariounts and use of funds authorized to be appropriated for LOFT. The Ilouse provision specified that not more than $30 million during fiscal year 1982 could be used to continue tests at the LOFT facility. The IIouse bill was silent on the question of LOFT fundiig for fiscal year 1983. The restrictions on LOFT imposed by the IIiuse were in } large part a response to criticism of that program by the Advisory Committee on Reactor Safeguards. ) The Senate amendment authorized up to $45 million in each fiscal year for the LOFT program. In addition, of this amount, the Senate provision directed the NRC to fund by contract with the op-erator of LOFT for twenty staff-years in each fiscal year for the purpose of analyzing research results and recommending to the l Commission appropriate revisions in its regulations. Section 7 of the conference agreement authorizes the NRC to spend up to $57 million during the period of fiscal years 1982-1983 for the LOFT program. The conferees intend that these funds be used by the Commission to complete those tests identified by the LOFT Special Review Group in its report to the Commission of ~ February 1981. According to inforrnation presented to the conferees by the Commission, these tests can be completed in fiscal years 1982 and 1983 for $57,000,000. In addition, the conference agree-ment authorizes the Commission to provide funding for up to 20 person-years each fiscal year for the purpose of conducting techni-cal review and analysis of research results obtained from the LOFT test program. The cwferees intend this technical review and analy-sis, together with appropriate test results from other test facilities, to be used in assessing the adequacy of the Commission's regula-tions (for example, Appendix K to Part 50 of the Commission's reg-ulations). Finally, the conferees are of the view that a continuation of the LOFT progran. under the management of the Department of Energy, sponsored both financially and technically by an interna-I tional consortium, may be of some future benefit. It is the confer-j ees' understanding that United States participation in such a pro-gram might include financial contributions from NRC of approxi-mately $5 million to $10 nillion per year for a three year program i beginning after FY 1983. While the conferees do not authorize I funding for this program in this legislation, they are of the view that operation of the LOFT facility by an international consortium is an option that should be explored. g f SECTION 8-NUCLEAR DATA LINK Both houses placed restrictions on the amount and use of author-ized funds available during fiscal year 1982 cnd fiscal year 1983 for the Nuclear Data Link (NDL) program. I
30 Section 5 of 11.11. 2330 specified that not more than $200,000 was available under that bill for the acquisition and installation of equipment to be used for the "small test prototype nuclear data link program proposed by the Commission. This restriction on the availability of authorized funds also applied to any other program for the collection and transmission to the Commission of data from licensed nuclear reactors during abnormal conditions at such reac-tors. Subsection (b) cf the Ilouse provision provided a procedure for the Commission and the Congress that could have led to the lifting of the restrictions imposed by subsection (a). Under this procedure the Commission was required to submit a proposal to the Congress, whereupon either llouse of Congress could have rejected the pro-posal during a 60-day period following such submission. If neither llouse rejected the Comraission proposal then upon conclusion of the 60-day period, tF: Commission was empowered to initiate its propd action. The Commission also was authorized to initiate its proposed action before the expiration of said 60-day period, only if both flouses explicitly approved such proposed action. Under section 5 of the IIouse bill, paragraph (2) of subsection (b) specified actions the Commission must take prior to submitting a proposal to the Congress. Under this paragraph the Commission was required to conduct a full and complete study and analysis of the issues involved, and prepare a detailed report of the results of such study and analysis. The paragraph also required that any Commission proposal submitted to the Congress under this section was to be accompanied by such report, and a " concise statement" (based upon such report) setting forth the reasons and justifications for the proposal. 11.11. 2330 also specified minimum requirements for the issues that were to be addressed in carrying out the study and analysis referred to in paragraph (2) of subsection (b). The Ilo ise required that the Commission " study and analysis" of the NDL.nclude, at a minimum: an examination of the appropriate role of the Commis-sioners during a nuclear p. ant accident; information and data that should be available to the Commission so that it might fulfill its emergency role; alternative means for assuring that such informa-tion and data is available to the Commission; and, recommended changes in the Commission's existing authority so that the appro-priate Commission role during a nuclear plant accident can be ful-filled. Section 5 of the flouse bill also required a cost-benefit analy-sis of the alternative means for making such information available to the Commission. Under the Ilouse bill this study and analysis must have been completed prior to any NIlC request for hDL budget authority above the $200,000 ceiling. The Senate amendment earmarked the availability of $1,000,000 to establish a prototype nuclear data link system. The Senate, in approving Section 101(ah2) of S.1207, contemplated that the proto-type would be used in d(veloping answers to the following ques-tions: the specific role or roles of NilC Operations Center personnel in responding to a nuclear plant accident; the information needs of such personnel; and, a cost-benefit analysis of alternative systems for satisfying such information needs. 'The answers to these ques-tions were to have been incorporated into a report to the Congress i .a /
31 which included the recommendations of NRC on a specific system. After the report was submitted, under S. 1207, $5,013,000 in fiscal year 1982, and $6,300,000 in fiscal year 1983, was authorized for ac-quisition and installation of a full nuclear data link system. Section 8 ef the conference agreement is a compromise provision which specifies that during the period of fiscal years 1982-1983, not more than $200,000 is authorized to be used for certain specified ac-tivities including, but not limited to, the acquisition and installa-tion of equipment to be used for a "small test prototype nuclear data link" program. The agreement also allows the use of some or all of said $200,000 for any other program (i.e., other than an elec-tronic data link) for the collection and transmission to the Commis- ]' sion of data from licensed nuclear reactors during abnormal condi-tions at those facilities. The conference agreement requires the conduct of a full and com-plete study and analysis of several fundamental questions which the conferees believe are material to any future Commission deci-sion to proceed with the development of a nuclear data link pro-gram beyond a "small test prototype nuclear data link." These spe-cific questions are set forth in subsection 8(ax2) of the conference agreement. Subsection 8(b) of the conference agreement requires the Commis-sion to submit to Congress a " detailed report" on the results of the study and analysis required under subsection (aW2). In addition, ,i subsection 84bX2) prohibits the Commission from taking action pur-suant to such report until the authorizing committees have had a period of sixty calendar days to review the Commission's proposed action. While the conferees do not intend to establish a mechanism by which further action by the Commission may be vetoed by indi-vidual committees, the conferees expect the Commission will give substantial weight to any comments provided by those committees on any such action proposed by the NRC. With this in mind, and in response to concerns raised by the Department of Justice, the con-ferees agreed to omit from the conference agreement the legislative veto that the IIouse had included in section 5 of II.R. 2330. The conference agreement does not restrict the use of fiscal year 1981 carryover funds for activities under section 8 of the confer-ence agreement, except insofar as the use of such funn would oth-erwise be subject to any applicable reprogramming requirements. SECTION 9-INTERIM CONSOLIDATION OF NRC IIEADQUARTERS STAFF Section 7 of the Ilouse bill specified that of the amount author-ized for " Program Direction and Administration" (under section 1(ax7) of II.R. 2330) such sums as may be necessary were available for the interim consolidation of the NRC headquarters staff offices in the District of Columbia and, to the extent necessary, in Bethes-da, Maryland. The IIouse provision also made clear, however, that no amount was authorized to be appropriated under II.R. 2330 for the purpose of relocating the officers of the Commission outside of Washington, D.C. The Senate amendment contained no provision similar to section 7 of the Ilouse bill.
3* The conferees are very concerned by the serious problem con-fronting the NRC as a result of the agency's being housed in ten different buildings in five different locations in Washington, D.C. } and suburban Maryland. The conferees agree with the Commis- ) sion's own unanimous conclusion that the scattered physical loca-tion of the NRC staff has a significant adverse effect on the agen-cy's operations. The conferees are aware that prcolems associated with NRC's current building situation have been documented by both the President's Commission on the Accident at Three Mile Island (the Kemeny Commission) and the NRC's Special Inquiry Group, and that the reports of both groups have cahed for urgent action to consolidate the agency. In addition, the Nuclear Safety Oversight Committee, in its September 26,1980 letter to President Carter, stressed the importance of quickly achieving NRC consoli-dation. The conferees note that the Congress has authorized construction of a building for the permanent consolidation of the agency. While the conferees look forward to the day when the Commission and its entire headquarters staff can be moved into a single building, it is the conferees' understanding that such a move will not be possible for at least several years. Because the General Services Adminis-tration currently has no plans for the commencement of construc-tion of an NRC headquarters building before 1984, the conferees strongly support an interim consolidation of the Nuclear Regula-tory Commission headquarters staff offices. Section 9 of the conference agreement authorizes the use of such sums as may be necessary during fiscal years 1982 and 19S3 for such an interim consolidation. The conference agreement also pro-hibits the use of any authorized funds to relocate the offices of the Commissioners outside the District of Columbia. The conference agreement applies only to interim consolidation of the NRC, and does not foreclose from further consideration any proposal for the long-term solution to the agency's building situation. sECTIoN 10-TilREE MILE ISLAND The IIouse bill included three separate provisions related to the NRC's activities pertaining to the Three Mile Island (TMD nuclear power station in Pennsylvania. First, section 10 o II.R. 2330 explicitly prohibited the use of any r funds authorized by that bill for the purpose of decontamination, cleanup, repair, or rehabilitation of the Three Mile Island Unit 2 (TMI-2) reactor which was severely damaged in an accident on March 28,1979. The flouse bill fucther provided that this prohibi-tion does not extend to expenses incurred by the,.NRC in carrying out its responsibilities to protect public health and safety. The Senate amendment did not contain a similar revi-ion. The confer-ees adoptml this llouse provision and incorporated ~ it in section 10 of the conference agreement. Second, subsection 10(c) of the llouse bill directed the NRC to enter into a memorandum of understanding with the Department of Energy specifying agency procedures for the disposal of radioac-tive materials resuking from the clean up of TMI-2. The original Senate legislation, as reported by the Senate Envi-onment and t
33 2 Public Works Committee, contained a similar provision, but this provision was deleted during consideration of S.1207 by the full ) ~ Senate. The conferees have been advised that the NRC and DOE, L on March 15, 1982, entered into a memorandum of understanding g which sets forth the respective responsibilities of the two agencies for removal and disposition of the solid nuclear wastes from the cleanup of TMI-2. Accordingly, the conferees have agreed to omit = the House provision. At the same time, however, the conferees intend that the Congress be kept fully apprised by the NRC of all activities undertaken by the NRC and DOE of a collaborative
== nature with respect to t'he cleanup of TMI-2. Therefore, in lieu of = the requirement contained in subsection 10ic) of II.R. 2330, the con-E ferees have included in section 10 of the conference agreement a provision directing the NRC, in its annual report to the Congress. a to include a separat( chapter discussing such activities. Third, the House bill included a provision (section 14) barring the NRC from any willful release of radioactive waste water from i TMI-2 into the Susquehanna River. The Senate amendment did not contain a similar provision. The conference agreement includes in subsection 10(d) a modified version of the House provision. Under section 14 of H.R. 2330, NRC was prohibited from using any authorized funds to approve any willful release of " radioactive water resulting from the accident at TMI-2. The conference agree-ment modifies this language for the purpose of making it clear that the prohibition does not extend to routine discharges of radioactive water from the Three Mile Island Unit 1. The conferees intend the prohibition in subsection 10(d) of the compromise agreement to be narrowly limited to " accident-generat-ed water." The conference agreement references the definition of this phrase contained in the Commission's Final Programmatic En-vironmental Statement (NUREG-0683, page 1-23). The conferees do not intend this provision to apply, in any fashion, to discharges of radioactive waste water which do not fall within this definition. Moreover, the conferees do not intend that the adoption of this pro-vision in any way implies that routine discharges from other com-mercial nuclear power reactors which meet all applicable stand-ards or requirements pose an unacceptable risk to the public health, safety, or the environment. Finally, the conferees recognize that NRC staff studies and anal-yses will continue to evaluate alternative means for the disposition of the water as a necessary step in the cleanup. Those studies are, in the view of the conferees, potentially useful to the Commission as it endeavors to fulfill NRC s respcasibility to protect the public health and safety. SECTIoN 11-TEMPORARY GPERATING IJCENSES Both the House bill and the Senate amendment granted the Commission new limited authority to issue temporary (or " inter-im") operating licenses for nuclear power reactors if certain condi-tions were fulfilled. Section 12 of H.R. 2330 gave the Commission authority to issue temporary operating licenses (TOLs) for nuclear generating sta-tions in advance of the conduct and completion of hearings re-
34 f quired under section 189 and 192 of the Atomic Energy Act of 19T>1, as amended (42 U.S.C. 2242). The Ilouse provision invoked the ex-isting authority and procedural requirements of section 192 of the Atomic Energy Act, and thus did not directly amend existing law. Section 201 of S.1207 amended section 192 of the Atomic Energy Act of 19734, and explicity amended existing procedures under sec-tion 192 for the issuance of a temporary operating license. The llouse bill required that a TOL lirst be limited to no more than five percent of a power reactor's rated full thermal power. The flouse provision allowed, subsequent to the issuance of a 5% TOL, and contingent upon licensee application and Commission ap-proval, the plant to operate at levels up to and including full power. The Senate amendment incorporated a similar step-by-step TOL (with an initial upper limit of five percent power operations) permitting the possibility of acendency to full power prior to the completion of hearings required under section 189 of the Atomic Energy Act. The Senate amendment required filing of a State, local, or utility emergency preparedness plan nrior to petition by an applicant for an interim operating license. Section 12 of the Ilouse bill contained no similar requirement. The Mouse did provide in section 8 of II.R. 2330, however, that the Commission was to determine prior to issu-ing a TOL that an emergency preparedness plan existed which pro-vided reasonable assurance that public health and safety would not be endangered by a plant operating under a temporary operating license. S.1207 required NRC to publish notice of a petition for an inter-im operating license. Under the Senate amendment, any party was allowed to file supporting or opposing affidavits within 30 days of such notice. By reference to the existing section 192 of the Atomic Energy Act, the flouse provided that any party could file support-ing or opposing affidavits within 14 days of the filing of the peti-tion. The llouse provision also empowered the NRC to extend this time by 10 days. II.R. 2330 required the Commission to hold a hearirg on the issue of whether or not to grant a temporary operating license. Under the llouse bill, such hearing, which could be held after the issuance of the TOL, could be consolidated with the final operating license hearing held by NRC pursuant to section 189 of the Atomic hergy Act. S.1207 did not r~1uire a hearing on the issuance of an interim operating license. The flouse provision res ireu NRC to find, prior to issuance of a TOL, that the licensee would not retire or dismantle any of its ex-istmg generating capacity because of the new capacity provided by the facility to be granted the temporary license. The Senate amendment to section 192 of the Atomic Energy Act did not con-tuin this restriction. The Senate amendment did require the Commission to make a finding, prior to issuance of an interim operMing license, that denial of such license would result in delay i. the initial operation of the facility (due to completion of the plar.t's construction prior to the completion of the section 189 public hearings required under the Atomic Energy Act). The Ilouse bill contained no similar re-quirement. L
35 S.1207 included a provision directing any party to the final oper-ating license proceeding, as well as any member of the Coma is-sion's licensing board, to notify the Commission of any information indicating that the licensee was not complying with the terms of the interim operating license. Similarly, the Commission was r> quired to be informed if the terms of the interim license were not adequate. The House bill had no similar requirement. The Senate amendment directed NRC to adopt administrative changes that would minimize the need for issuance of interim oper-ating licenses. H.R. 2330 had no such directive. Both the House and Senate intended that the Commission's au-thority to issue temporary operating licenses should expire at a time certain. The Commission's authority under the House bill ended on September 30, 1983. The expiration date under S.1207 was December 31,1983. Section 11 of the conference agreement amends section 192 of the Atomic Eriergy Act of 1954 (42 U.S.C. 2242) and grants the Commis-sion authority to issue a temporary operating license for a utiliza-tion faciluy required to be licensed under section 103 or 104 b. of the Act. The agreement specifies that an applicant may petition the Commission foi a TOL authorizing fuel loading, reactor testing, and operations at a specific power level to be determined by the Commission. The conferees intend that the applicant cannot under-take any such activities until final favorable action by the Commis-sion on the TOL application. The conference agreement also speci-fies that the initial petition for a TOL, and any temporary license issued by the Commission pursuant to the initial petition, must be limited to power levels not to exceed 5 percent of rated full ther-A mal power. Under the conference agreement, shich is substantially siminr to section 201 of the Senate ameinent, the conferees intend that any TOL, whether for initial operation at 5 percent of full power or for operation at a higher power level, would be issued or amended only upon a vote of the Commission itself. The conferees intend that the authority to issue or amend such licenses, or to make find-ings required by subsection b, may not be delegated to the NRC staff. The conferees believe that the circumstances which gave rise to the need for section 11 of the conference agreement,(including pri-marily the temporary reassignment of NRC staff from licensing review work to post-Three Mile Island safety reevaluations) were unique and will not recur in the foreseeable future. As the Com-mission itself noted in its March 18, 1981 letter submitting pro-posed legislation to authorize the issuance of temporary low-power operating licenses, such legislation represents an " extraordinary and temporary cure for an extraordinary and temporary situa-tion." In addition, the conferees expect the Commission to use this period to continue to review its operating license and case manage-ment procedures, and to make such changes as may be needed to increase their overall efficiency without restricting the rights of the public to raise and have resolved the legitimate safety and en-vironmental issues which accompany the construction and licens-ing of nuclear powerplants.
36 The conferees caution that in no way should the conference agreement be interpreted as a determination by Congress that any particular facility is presumptively ready to operate, or has a valid legal claim to begin operations once construction is completed. Under the agreement, a TOL cannot be issued before all significant safety issues specific to the facility in question have been resolved to the Commission's satisfaction. Paragraphs (1) and (2) of subsec-tion b of the conference agreement are intended to assure that, based upon all the information available to the Commission, the Commission is able to find that the facility would meet all require-ments of law (other than the conduct or completion of any required hearing) necessary for the issuance of the final operating license. Subsection 11(d) of the conterence agreement directs the Commis-ion to adopt such administrative remedies as it deems appropriate This subsection reflects the conferees' porary operating licenses. to minimize the need for issuance of tem expectation that a TOL should be a last resort remedy, to be employed only when no other alternative is available. This subsection anvisions that the NRC will adopt such remedies pursuant to its current statutory authori-ty, and is not intended to confer any additional authority upon the NHC beyond that it now possesses. In addition, the conferees expect that any administrative remedies adopted to minimize the need for issuance of TOL's shall not themselves infringe upon the right of any party to a full and fair hearing under the Atomic Energy Act. The conferees intend that the Commission shall notify the Congres-sional committees listed in subsection 11(b) of the conference agree-ment of all administrative remedies that it proposes to adopt in ac-cordance with subsection 11(d). SEC"rION 12-OPERATING LICENSE AMENDMENT IIEARINGs (Tile "SitoLLY" PROVISION > The IIouse and Senate each granted the Commission new author-ity to approve and make immediately effective certain amendments to licenses for nuclear power reactors, upon a determination by the Commission that the amendment involved no significant hazards consideration. Section 11 of the llouse established this new Commission author-ity in a provision that did not amend existing law. The Senate amendn.ent granted the Commission permanent authority by amending the Atomic Energy Act of 19M. Under II.R. 2330, the Commission's new authority was limited to amendments to nuclear power reactor licenses. The authority under S.1207 was broader, and extended to amendments to h-censes for all facilities licensed under the Atomic Energy Act. The IIouse specified that NRC could approve and make immedi-ately effective a license amendment only after notification of the State in which the facility was located. Also, the flouse required the Commission "when practicable" to consult with the State before issuance of an amendment. The Senate required the Com-mission to consult with the State in which the facility was located when determining whether or not an amendment involved a sig-nificant hazards consideration. The Senate also directed NRC to promulgate within 90 days criteria for providing prior notice and C
37 public comment on such determinations and procedures for consul-tation with the affected State. Section 11 of the House bill directed NRC to publish periodically (at least every 30 days) notice of amendments issued or propom! to be issued using the immediate effectiveness authority; the nuclear power reactor concerned; and, a brief description of the amend-ment. The Senate, in its report accompanying S.1207, directed the NRC to submit a monthly report to Congress on the exercise of its ( authority under this provision. The House bill directed the NRC to promulgate standards (within 90 days of enactment) for determining whether or not an amendment to a license involved no significant hazards considera-tion. The Senate amendment explicitly preconditioned the Commis-sion's authority to issue and make Immediately effective license amendments irivolving no significant hazards codsideration on pro-mulgation by NRC of standards for making the "no significant haz-ards determination. The conferees adopted a compromise provision (section 12 of the conference agreement) which amends section 189a. of the Atomic Energy Act of 1954 (42 U.S.C. 2239 tan. Under the conference agree-ment, the NRC may issue and make immediatelv effective a no sig-nificant hazards co'nsideration amendment to a facility operating li-cense before holding a hearing upon request of an interested party. The Commission may take such action only after (in all but emer-gency situations),(1) consulting with the State in which the facility is located, and (2) providing the public with notice of the proposed action and a reasonable opportunity for comment. The conference agreement maintains the requirement of the cur-rent section 189a. of the Atomic Energy Act that a hearing on the I license amendment be held upon the request of any person whose l interest may be affected. The agreement simply authorizes the Commission, in those cases where the amendment involved poses no significant hazards consideration, to issue the license amend-ment and allow it to take effect before this hearing is held or com-pleted. The conferees intend that the Commission will use this au-thority carefully, applying it only to those license amendments which pose no significant hazards consideration. The conferees also expect the Commission, in p)romulgating the i regulations required by th subsection (2hCxi of section 189a. i of the Atomic Energy Act, blish standards that to the extent practicable draw a clear istinction between license. amendments that involve a significarit hazards considir~ation~ahd those amend- ~ l ments that involve no such. consideration. Thesistandsds~ shbilld not require the NRC' staff t6Trejudgithe merits of the issues raised by a pro license amendment. Rather, they should only require ~ the sta to identify those issues and determine whether they involve significant health, safew or environmental consider-ations. These standards should be ce,;able of being applied with ease and certainly, and should ensure that the NRC staff does not resolve doubtful or borderline cases with a finding of no significant hazards consideratioi(I [ The conferees intend that in determining whether a proposed li-cense amendment involves no significant hazards consideration, the Commission should be especially sensitive to the issue pmed by i
\\ ( 38 license amendments that__have irreysmbleaonsequences tsuch as t those permitting an increase in the amount ofiffluents or radi-ation emitted from a facility or allowing a facility to operate for a > period of time without full safety protections). In those cases, issu-,I ing the order in advance of a hearing would, as a practical matter, foreclose the public's right to have its views considered. In addi-tion, the licensing board would often be unable to order any sub-stantial relief as a result of an after-the-fact hearing. Accordingly, the conferees intend the Commission be sensitive to those license amendments which involve such irreversible consequences. The conferees note that the purpose of requiring prior notice and an opportunity for public comment before a license amendment v may take effect, as provided in subsection GCxiil for all but emer-gency situations, is to allow at least a minimum level of citizen input into the threshold question of whether the proposed license amendment involves significant health or safety issues. While this j subsection of the conference agreement preserves for the Commis-sion substantial flexibility to tailor the notice and comment proce-dures to the exigency of the need for the license amendment, the conferees expect the content, placement and timing of the notice to be reasonably calculated to allow residents of the area surrounding the facility an adequate opportunity to formulate and submit rea-soned comments. The requirement in subsection Sekii) that the Commission pro-mulgate criteria for providing or dispensing with prior notice and public comment on a proposed determination that a license amend-ment involves no significant hazards consideration reflects the con-ferees' intens that, wherever practicable, the Commission should publish prior r & of, and provide for prior public comment on, ( such a propmal determination. In the context of subsection (2nCWii), the conferees understand; the term " emergency situations" to encompass only those rare cases in which immediate action is necessary to prevent the shut-down or derating of an operating commercial reactor. (The Com-mission already has the authority to respond to emergencies in-volving imminent threats to the public health or safety by issuing immediately effective orders pursuant to the Atomic Energy Act or the Administrative Procedure Act. And the licensee itself has au-thority to take whatever action is necessary to respond to emergen-cies involving imminent threat to the public health and safety.) The Commission's regulations should insure that the " Emergency situations" exception under section 12 of the conference agreement will not apply if the licensee has failed to apply for the license amendment in a timely fashion. In other words, the licensee should not be able to take advantage of the emergency provision by creat-ing the emergency itself. To prevent abuses of this provision, the conferees expect the Commission to independently assess the li-censee's reasons for failure to file an application sufficiently in ad-vance of the threatened closure or derating of the facility. Subsection 3Cxiii) of the conference agreement requires the Commission to promulgate procedures for consulting with a State in which the relevant facility is located on a determination that an amendment to the facility license involves no significant hazards
h 39 consideration. The conferees expect that the procedures for State consultation will include the following elements: (1) The State would be notified of a licensee's request for an amendment; (2) The State would be advised of the NRC's evaluation of the amendment request; (3) The NRC's proposed determination on whether the li-cense amendment involves no significant hazards consideration would be discussed with the State and the NRC's reasons for making that determination would be explained to the State; (4) The NRC would listen to and consider any comments pro-vided by the State official designated to consult with the NRC; and (5) The NRC would make a good faith attempt to consult I with the State prior to issuing the license amendment. At the same time, however, the procedures for State consultation would not: (1) Give the State a right to veto the proposed NRC determi-nation; (2) Give the State a right to a hearing on the NRC determi-I nation before the amendment became effective; I (3) Give the State the right to insist upon a postponement of the NRC determination or issuance of the amendment; or, (4) Alter present provisions of law that reserve to the NRC exclusive responsibility for setting and enforcing radiological health and safety requirements for nuclear power plants. In requiring the NRC to exercise good faith in consulting with a state in determining whether a license amendment involves no sig-nificant hazards consideration, the conferees recognize that a very limited number of truly exceptional cases may arise when the NEC, despite its good f'aith efforts, cannot contact a responsible l State official for purposes of prior consultation. Inability to consult I with a responsible state official following good faith attempts should not prevent the NRC from making effective a license amendment mvolving no significant hazards consideration, if the NRC deems it necessary to avoid the shut-down or derating of a power plant. srrrION 13-QUA1.rTY ASSURANCE Section 304 of the Senate amenoment required NRC to accelerate its resident inspector program so that by the end of fiscal year 1982 at least one resident inspector would be at each power reactor site where construction is more than fifteen percent (Ifs) complete. The Senate also directed NRC to study options for improving qual-ity assurance at reactors under construction, and to undertake a pilot program at a minimum of three sites to evaluate alternative approaches to quality assurance. Finally, S.1207 directed NRC to report to Congress on the results of this program with 18 months. The House bill contained no similar provision. The conferees adopted a provision similar to section 304 of the + Senate amendment. Subsection 304(a) of S.1207 required that by the end of 1982 an NRC resident inspector would be assigned to each site where a
r b f_ 40 = r commercial nuclear powerplant is under construction, and con-k- struction is at least 15cc complete. The conference agreement in-structs the Commission, where it deems appropriate, to provide NRC " inspection personnel" at any such site following issuance of r a construction permit for the facility in question. The conferees do L not intend that such " inspection personnel" must be a resident in-spector, although the Commission has di cretion to assign a resi-dent inspector to a site where construction is less then 159 com-plete. Like the Senate amendment, the conference agreement re-quires that once construction of a given nuclear powerplant reaches the 15cc completion threshold, a resident inspector must be g assigned to the project. The conferees do not intend to imply the ? NRC's responsibility to regulate nuclear powerplant construction is ) any less during the early stages of reactor construction (i.e., when construction is less than 15cc completel, than it is once a project is j 15cc complete. Subsection 134b) of the conference agreement, like sut*ection 304(b) of the Senate amendment, directs the Commission to conduct a study of existing and alternative programs for improving quality assurance and quality control in the construction of commercial i-nuclear powerplants. In fulfilling this requirement, the Commis-t sion is instructed by the conference agreement to obtain comments from the public, licensees, the Advisory Committee on Reactor f Safeguards. and " organizations comprised of professionals having j expertise in appropriate fieldsJ The conferees intend that these E-latter " organizations" include, but not be limited to, the following: the Naticaal Board of Iloiler and Pressure Vessel Inspectors, the E American Society on Mechanical Engineers, the American Welding Society, t he Institute for Nuclear Power Operations, and private nuclear msmance pools. 3 Subsection 1:hb) of the conference agreement sets forth specific l proposals for improving quality assurance and quality control in the construction of nuclear powerplants, and requires the Commis-sion to conduct a study and detailed analysis of those proimsals. Subsection 1:hd> of the agreement directs the Commission to report to Cong 2ss on the results of the study conducted pursuant to suts section 6 e E-Subwe on 1:hc) of the conference agreement requires the Com-mission to undertake a pilot program to " review and evaluate" pro- = grams that include one or more of the alternative proposals identi-i fled iri subsection tbt The purpose of the pilot program is twofold: (1) +c jetcrmine the best means of assuring that commercial nucle-ar 3,werplants are constructed in accordance with all applicable safety requirements; and G to assess the feasibility, advantages, and disadvantages of the prorx>sals listed in subsection 1:kb). In un-dertaking the pilot program, the Commission must include the use g E of " independent inspectors" as described under paragraph (5) of subsection abt By imposing the requirement that the pi' 2t program = g shall include programs that use an " independent inspm tor," the conferees do not mean that the Commission, in undertaking the pilot program, should place lesser emphasis on the review and eval-uation of progams incorporating the concepts in paragraphs (1) through (4) of subsection 1:hbt L V E 1EE h -= = n.__
41 The conference agreement stipulates that the pilot program shan include at least one site at which quality assurance and quality control programs have operated satisfactorily, and shall include at least two sites "at which major construction, quality assurance and quality control deficiencies.. have been identified in the past." The conferees recommend that the Commission, in selecting these latter two sites, refer for guidance to the testimony of the NRC Ex-ecutive Director for Operations before the llouse Comn.ittee on In-x terior and Insular AfTairs on November 19,1981. Subsection 13(d) requires that the Commission report to Congress (within fifteen months of enactment of this Act) on the results of I the pilot program. SECTION 14-LIMITATION ON THE USE OF SPECIAL NUCt. EAR MATERIA 1. Section 207 of S.1207 amended the Atomic Energy Act to prohib-it the use of special nuclear material (or, spent fuel) from licensed nuclear power reactors for the production of nuclear explosive de-vices. II.R. 2330 had no equivalent section. s The conferees agreed to include the Senate provision in the con-ference agreement. 1 SECTION 15-RESIDENT INSPECTORS At the request of the Commission, the Senate amended the Atomic Energy Act to authorize NRC to reimburse all or part of the expenses of resident inspectors incurred in relocating between two NRC duty stations. In addition section 205 of S.1207 specified that the Federal Government would pay expenses related to travel and transportation to and from work. I Specifically, section 205 of the Senate amendment would have amended the Atomic Energy Act to allow NRC to reimburse resi- ] dent inspectors for- (1) points or mortgage loan origination fees; (2) interest on " bridge" or " swing" loans; and, (3) title insurance. In addition, S.1207 would have enabled resident inspectors to use gov-ernment cars for dany commuting to and from work. The Senate authorized appropriati,ns of $1,162,000 in fiscal year 1982, and $1,129,000 in fiscal year 1953, for these purposes. The House did not include any similar provision in II.R. 2330. The conferees rejected the Senate provision amending the Atomic Energy Act, and agreed instead to authorize such sums as may be necessary for the Commission to conduct a study of the fi-nancial hardships incurred by resident inspectors as a result of: (1) certain Commission regulations which require resident inspectors to relocate periodically from one duty station to another, and, (2) Commission requirements intended to assure that a conflict of in-terest (or appearance of such a conflict of in*erest) does not develop as a result of a resident inspector either living near licensee em- .~ ployees, or commuting to and from work with licensee employees. b'ection 15 of the conference agreement directs the Commission to report to Congress on the results of this study. '[ The c. nference agreement is responsive to concerns ra. sed in a May 6,19E2 letter to the conferees from the Administrator of the General Services Administration (GSA). The Administrator ex-pressed the view that relocation problems are government. wide, i i f l I b E = J"
S.. 42 ~: I and not unique to NRC resident inspectors. Also, it is GSNs opin- ? ... f ion that government cars should not be used to compensate Feden il . V. ' = 1i employees for unusual expenses of their jobs. The conferees expe t 3 -l; the Commission to address the GSA concerns in the study ar. i ?< -M report to Congress required by section 15 of the conference iigree - N. F(%:, Jr ment. 'N M The conferees also call the Commission's attention to page 9 of - p the " Follow up Audit of OINs Deu ' h"r 1979 Report Entitled g.E. r ' Review of Continuing Implementation NRC's Resident Inspec-g. s J... tien Program', Julv 1982" which was forwarded to the conference 4 F' --Q committee by the Commission on July 25,1982. That report states =3 the original recommendation of NRC's Office of the Inspector and ~ <7 Auditor was that the Commission should "either deselop a legisla-N O tive proposal. or (findi alternatire methmis" to reimburw resi-Q dent inspectors rekication costs temphasis added t The conferees .v. expect the study and the report to Congress authorimd by section g;* T 15 of the conference agreement to give full consideration to such , 1.n
- M~
" alternative methods" of compensation. + The conferees believe the NRC's resident inspector program sig-b- P. nificantly enhances the agency's ability to monitor licensee's com- 'o -. T pliance with the Commission's regulations on a day-to-day basis. 4'.' .. p.* For this reason, the conference agreement authorius the appropri-g. 9 -5 ation of the total funding requested by NRC for fiscal years 1932 N and 1983 to be used for personnel expense < due to expansion of the i ;# " 4@/ resident inspector program. M.', ', ,y y ._J.4 SEcrinN lti-SABOTAGE or NUellAR FAcII.!TIFS oR Flf El. S The Senate amendment contained a provision amending section %V W 236 of the Atomic Energy Act of 1951, by adding a new subwetion i '.'% ' h,1-
- b. that subjects to criminal penalties any pess<m who intentionally
- 7..
W.* and willfully causes or attempts to cauw an interruption of the .? Si normal operation of any facility specified in subwetion 236 b., ,M i;; through the unauthoriwd use of, or tampering with, the machin-i~ 4@:g ..i-erv, components, or controls of such facility.
- 1. i
.? 11 }LR. 2330 contained no similar provision'
- T.'-
The conferees agreed to include the Senate provision in the con-Q ference agreement. The conferees intend the phraw "unauthoriwd
- ?
U use" to mean use without permission of the licensee; the word ,- / " tampering" to mean alt ering for improper purpows or in an im-7 proper way; and the phrase " interruption of normal operation" to mean a cessation of actual production, utilization, or storage oper-f.4 ations which, if accomplished, will result in substantial economic 9:: harm or cost to the licensee. The conferees do not intend, however, 1. for this provision to apply to demonstrating, picketing, or other C,a
- k concerted hibor union activities that may have the effect of exert-
.Q px ang economic pressure upon the beenwe. yx g, yn 3 SECT!oN 17-DEPARTMENT OF ENERGY INFORM ATioN
- W'
' F,e 5 '. The Senate amendment included a provision amending the exist-4 ? "' ing section 14M of the Atomic Energy Act. That section currently 44 - .i authorizes the Department of Energy to prohibit unauthorimd dis-Q ': .4 semination of certain unclassified information. The llouse consid-y# ered no comparable provision. .k.. V 9 g. b,. -a
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1:4 The Senate amendment made three changes in t he cust ing see tion I b First. the Senate pros ision amended subsvtion 1 b a to make it clear that the aut horit s of t he Secretars of Eneies to withhold mtor mation under this s u bsect io n is hnuted to cert.un narrowly detined catecories ot' inf ormation related to atonut energy defense program 3 The 3 pecific ca t eg o ries of in f o r m a t ion .u c set f orth in -ub-ection i b a im Al' 113 m3er t ing i he p h ra se w it h resptTt to aton11C energ) deten5e proCTam3.' t he N itate intended tii hat the aut horit s co n t e r red upon the 1)e pa r t m e n t of ensure Enemy under sect ton : b aut horimi only t he w it hholdine of mtor mation that 1 t'al!> w it h m one of t he t hree catecor ies s pea t'ied m subsection I D a 1 h.\\ l' o rn! 2 1-related to the 1)epart ment s atomic enere) def ense progi am3 Second, the Senate aniendment added a new s i h-ec t n n e ti, ect ion i b. req uiring t he iv reta rs to prepare a quarteris r e p< i r t detaihng the Secretars - a pp! tcat ion of sect io n : b durmg that period The mtormation to tw contained m t his repor t. w hich n to be made as allable upon request o! any mtere-ted procram w a, set f ort h by t he Senate m subsect 'on i b a The conteree3 agreed to include t he Senate pr n snin in t he c.>n t'erence agreement. subject n one i la riticat u m Nameiy the imter ees do not miend t hat I)Ol' m pr eparme t he repor t r equired under s u b-ect io n i be ide n t it s the act uai mtormat u m to be w it h held under t he-pros ision These re p. rt s shouid iden t 1*y t he t s pe 4,t intorrnat ton w ithheld..' prin nie a -t a t e me n t m-it s inc t he w it h holdme o! th inf ormation. and pre n ide assu ra ns e t hat.m!s the e minim um amount < >f :nt< >rmat o m n heing w it hheld - Et T I > N s l' ' i lt i A N !) Ji ( R A Nii M Mil 1 I A l t I N ',- The Senate amendment contamed a n u m tw r of po n ro n.- r elat mg t.> tmplementation.it t he l'ranium N1d: Taihnes ILidiatn>n (i n trol Act ist '. C - lf MTHl':\\ - The p r.n ho m-ad >pt ed hs the vnate w nich are m e l u d ed m sec t io n > o f S. jot w er e based u po n ce r tain problems ident itled in hea rin e-heid het, >re the Se n a t e En < ronment and Publh W o r k - l 'o m n u t t ee on.hme ih i" First. t he Senate pro an.n estahl shed new dead t me-tor t he pn mulvation bs the I n s t r< >n nienta; l'riit n t o m z\\cern s I'l' A < it i n a. tive and act n e ste genera! ens.ron menta! -t a nda r ds m he b .it the fact t hat EP A no-sed t he ex rt mc stat ut,a s dead h n.~. t N., s e m be r ' l'.C9 and \\las l-o f o r h-m ni mat t n e and at tne ute i sta n da rd-rm ee4 tnek The Se n a t e prosimon p r n o ted t h a t El' A -hai! hase unto Apri 9_to ~ue tma: nmtne ute -tandard-a n d u n t u ( )ctobe r ; l.' 'i m-ue pr<> posed act n e ute st a nda r d-wit n fina. act a e u t e -ta nda r d-t.
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Se n a t e pr< n i-o m t !a rif ied El' \\ - a u t he n it s t, , m -nie r irri;m f 3 iat pubhc healt h and saf et y a nd t ne en s : rin. men t r w. as the nomic cost of a ppi s me ' h" - a ndard-In add;ti m t he N nate pn s - sua pros ided EP A w it h ne u hm*, u nie r the M d W a-te l h pos.d Ac' t o con mder -oes ia i < a, u n n t.u n.~ as-m a t ed w it h a r a r o u n i n o l i taihng-N rond t he Senate p re n s a. -u-per nied N IO - rec u i.irnar w hi h w ere.wued m ad s a n< e of E P. s - s' ndard- .uit il E P \\ pr on n dcat.~ its -t a n d a rd-Wit h u das-of pron M ea'io. H EP \\ < it final 1
E 44 [ standards, the Senate provision directed NRC to initiate a ruh' making proceeding to conform its regulations to those standards. Pending promulgation by the NRC of its regulations, the NRC was barred from implementing or enforcing any of its current regula-tions, but was allowed to regulate uranium mill activities on a case-by case basis as necessary to protect public health and safety. M Third, the Senate provision clarified that NRC has the authority k to consider all relevant factors, including impact on public health and safety and the environment, as well as economic cost in devel-oping its standards. For existing uranium mills, the Senate provi-sion authorized the NRC to consider certain site-specific conditions. Fourth, the Senate provision clarified the authority of Agree- = ment States that elect to regulate uranium milling activities to adopt alternatives to Federal requirements if the States find that the Federal requirements are not practicable under local condi-tions. The provision specified that NRC may not reject any such State findings that are supported by substantial evidence in the record, unless the NRC finds that the State alternative fmts to pro-vide adequate protection to the public health, safety, and the enu. renment. Such NRC action may only be taken in accordance with 5 the notice and hearing provisioins of the Atomic Energy Act Upon ~ promulgation by NRC of it.s regulatory requirements, Agreemer
- 5tates were given six months, under the Senate provision, to issa l
such amended State requirements as may be necessarv. NRC may f terminate a Statei authority after this period only by following the notice and hearing requirements of the Atomic Energy Act. Fifth, the Senate provision clarified that NRC retains authority in Agreement States to evaluate co.apliance with Agreement State requirements, but not to impose additional requirements. r ? Finally, the Senate provision authorized NRC to exempt land in which tailings have been employed as backfill in underground r mines from the ownership transfer provisions of the Act. L The House bill did not contain any provisions related to uranium mill tailings. ~ The conferees have agreed to a compromi-e that includes four es-is sential elements. First, the conference agreement e tablishes new P deadlines for the promulgation by EPA of general environmental standards required under section 275 of the Atomic Energy Act. The original deadlines e-tablished when the Uranium Still Tailings Radiation Control Act (U51TRCA) was passed in 1973 called upon EPA to promulgate final general environmental standards for inac-tive and active uranium procewing sites by November 8,1979 and Slav 8,1980, respectively. Those deadlines have long since passed and EPA has vet to issue either its final active or inactive stand-P ards. The conferees wish to emphasite their concern and expre-s their displeasure over EPA % past failures to promulgate the-e gen-eral environmental standards in a timely fashion. When U51TRCA was passed in 197s, Congress assigned to EPA a E significant role in the program for regulation of uranimum mill tailings activities. An EPA regulatory role in this area should, in y the view of the conferees, b" brought to bear on the task of assess-ing and controlling the risks posed by uranimum null tailings and E= developing general environmental standards only if a regulatory program including EPA can be implemented with certainty and in = M
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( 46 UAITRCA and the Atomic Energy Act. On October 3,1980, the Commission promulgated its final Uranium 31ill Tailings Require-ments (45 Federal Register 65521 to 65538). Under the conference agreement, the Commission is prohibited from implementing or en-forcing those regulations until January 1,1983. Due to the confu-sion which has arisen with EPA s failure to promulgate fmal regu. lations in advance of the NRC, according to the timetable estab-lished in the UAITRCA, the conferees believed the simplest and most efficient manner in which to restore order to the regulatory scheme, was temporarily to suspend implementation and enforce-ment of the NRC s mill tailings regulations until January 1,1983. The conferees have limited the suspension to the minimum time required to straighten.out potentially conflicting regulatory re-quirements. The conferees take this action only to assure a smooth regulatory system while transitions are occurring. On that date, the Commission is authorized to implement and enforce all of its October 3rd Uranium Afill Licensing Requirements except those that the Commission determines would require a major action or commitment by licensees which would be unnecesary if (1) the active site standards proposed by EPA are promulgated in final form without modification, and d) the Commission's requirements are modified to conform to such standards. The conferees note that, in this context, the term " commitment" may include fmancial obli-gations or expenditures that might be required. This determination referred to in section ISait4) of the conference agreement is to be made by the Commission following a review and analysis of the Commission's regulations and EPA s proposed active site standards as soon as the latter are promulgated. Section IWatti specifically provides that, following proposal by EPA of its active site stand-ards, the Commission is to undertake a review of its regulations in order to make the determination referred to above. The conference agreement provides the NRC 90 days in which to make thin deter-mination. This period of time, in the view of the conferees, should provide sufficient opportunity for the Commission to provide notice and opportunity for public comment prior to reaching its determi-nation. Those requirements that the Commission determines would re-quire a major action or commitment by licensees which would be 3 unnecessary if(1) the stamdards proposed by the Administrator are promulgated in final form without modification, and (2) the Com-mission s requirements are modified to conform to such standards, shall continue to be suspended tboth implementation and enforce-l ment) until the earlier of April 1,1984, or the date on which the Commission amends its regulations to conform to EPA's final active site standards (to be promulgated by Octob. r 1,1983). Upon promulgation by EPA of its final active site standards, the Commis-sion shall have until April 1,1984 to conform its regulations to EPA's standards. If NRL completes this task prior to April 1,1981, the suspension of such regulations shall terminate upon this earli-er date. If EPA does not promulgate final standards by October 1, 1983, the agency's regulatory authority terminates and NRC's regu-lations go into effect on that date at initially proposed or as mali-fled by rule by NRC. Once again, the conferees fully expect that this six month period of time is of sufficient length to enable the
\\ Commission to provide not h e.n.d oppor t un i s to' puhlu com m e n t prior to r eachms its deternunat ion !)uring t he ;sertini 14t s tis t it t i s i1 > ri < >t N iu ' - l ' i.irii ti rii M ii ! !,, ri-IPQ I$t*tj u l re filt' n t % I m pt b%eti o lld t'r ht' ciulli'rt n,e ag t t'c Ilit f i t f fit-- N W ' i3.iut horietsi ti> ta kt-s tic h.u t ii s n.i-i' rnas det tii rus essir s [i.Ini ) ent\\f t1 saf e t s trui an a llCen %4'e-hs { h e nset-h. i31, tip [tra it e % ' s the ens tron ment Sulw ect u m ti l < la rit'ies t hat not h mc ! t i o - ses t in :- m t. niini to ath et the a ut hor t's ar respon-ibii:t 3 .it 'he (.notieno. ', p', mulgate regulit ton 3 t o pr ot ect t he pobla h. dih. uni -atets a n.1 ' t,. en s iron men t The t on t e rre- -pecifica l k r an t oi the in 't n in t h.n t he })r i d1 t ti!c,tt '!' 4 l ! - t t
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19 SE('rlON 21-EDGEMoNT The Senate amendment included a provision directing the Com-mission, in consultation with the State of South Dakota and a number of other federal departments to establish a monitoring, en-gineering assessment, and remedial action program for the purpose of cleaning up offsite locations in the vicinity of Edgemont, South Dakota that have been contaminated by residual radioactivity from the Tennessee Valley Authority (TVA) uranium mill site. Although the Edgemont site is an inactive uranium mill site, it was not in. cluded in the remedial action program established by the Uranium Still Tailings Radiation Control Act of 1978 because TVA held a current license from the NRC for the mill. TVA is obligated and has agreed te clean up the mill tailings on the Edgemont site. No t legal responsibility has been established, however, for cleanup of the tailings at the offsite locations. The Senate amendment was intended to address the concerns that have arisen over who has the jurisdiction and responsibility for cleanup of the offsite locations by incorporating into the reme-dial action program of the mill tailings act thew offsite mill tail-ings locations. In addition, the Senate provision was intended to confirm the monitoring and engineering asmssment program now underway by the NRC that would precede the cleanup itself at these offsite locations. The llouse bill did not contain a similar provision. The conferees agreed to a compromise provision that is intended to address those cencerns raised by the Senate. The provision agreed upon by the conferees amends section 103e) of the Uranium Mill Tailings Radiation Control Act of 1978 by adding a new sulv section @. This new subsection directs the Secretary of Energy to designate for remalial action any property within the vicinity of the TVA site in Edgemont, South Dakota that the Swretary deter-mines to be contaminated with residual radioactive materials from the TVA site. The Secretary, in making this designation, is to con-sult with the Environmental Protection Agency, the NHC. and the State of South Dakota. The conferees intend that the Secretary place a high priority on the activities required of IX)E ut. der subwetion @ nad, in particu-lar, that the Secretary move expeditiously to designate those prop. erties requiring cleanup, based upon the NRC assessments complet-ed or close to completion, and begin the necessary remedial action as soon as possible. In this regard, the conferees note that the NRC has been directly insolved in the Edgemont offsite remedial action program for some time and has comp'eted or is close to completing the work upon which DOE's remed - action program should le based. NRC s involvement to date has extended to the performance of radiological surveys of residences and vacant lots, radiological engineering essessments, and the completion of detailed cleanup plans. According to information supplied to the conferees, the NRC has completed nearly 95 percent of the radiological surveys of the affected properties in the vicinity of Edgemont Approximately 225 ~ properties were identified by the NRC as requiring a full radiologi. cal engineering assessment, and the conferees are advised that the NRC has completed 159 of these assessments. As a result of the as-
50 sessments to be completed to date,80 properties have been identi-fied that will require cleanup. In all, the NRC projects that nearly 130 properties will require varying amounts of cleanup action and estimates that the contractor costs for the actual cleanup activities should be approximately $300,000. The conferees intend that the results of t' foregoing work serve as the basis for the IX)E reme-dial action program, and that all cleanup plans prepared by the NRC be transferred to IX)E for implementation. The compromise agreed to by the conferees also provides that the Secretary, in determining the State's share under section 107 of the costs of remedial action, shall credit the State of South Dakota for expenditures made by the State which, had the offsite properties in the vicinity of Edgemont been listed under sectmn 102ia41) of the 1 Mill Tailings Act when it was passed in 1978, would have been paid by the State or by the federal government. Thus, it is the intent of the conferees that the State of South Dakota be required to pay ten percent of the total cost of remedial action undertaken in the vicin-ity of the Edgemont site, but that, in calculating this ten percent share, the State be credited for expenditures made prior to the date of enactment of this bill associated with the remedial action which would have been credited pursuant to title I of the 1978 Act had they been made after the date of enactment of this Act. According to information supplied to the conferees, the State has already spent approximately $150,000 on the Edgemont effort. Of this amount, the conferees identified certain expenses for which the State should be given credit under section Ini. These expenses in-clude the following: contractual costs for radiological monitoring assessments, costs for time of state personnel conducting actual monitoring, costs for travel to and from Edgemont, costs for radio-logical monitoring equipment, per dicm co3ts for personnel at off- [; site locations, and costs for time of personnel analyzing the test re-sults and notifying owners of potentially dangerous propert y. Beyond these expenditures, it is the intent of the conferees that the T Secretary identify those additional State expenses for which South Dakota should be given credit in determining the State's ten ivr-cent share under section 107. SEeT10N 21-t'HANtt'M stTPI.Y The Senate arnendment included provisions creating a new Com-mission responsibility for the regulation of uranium imports mto the United States No more than 20 percent of uranium consumed in,the United Statts would have been permitted to be ef foreign orlRin. The conferees agreed to a strict review and monitoring program to guard against damage to the domestic uranium industry result-T- ing from foreign uranium imports. The program utilizes existing trade authorities and the existing authority of the Secretary of f_ F Energy under the Atomic Energy Act to protect the domestic ura- ? nium industry through regulation of feedstock into U S uranium = enrichment facilities. If during a ten-year period following enactment of this Act urani-um imports reach a level of 37.5 percent, the Secretary of Energy is required to revise enrichment criteria to increve the use of domes- .A
5l tic urantum in U S enrichment f acilities arut to initiate an irn est i gatton and consider atton d import restiictlons bs t he Sec r et ar s of Commerce undet the Trade Extninuun Act to determine whether im;mrt 3 t hreaten national securit y and w hether t her eh>re t rade re st rictions shoulc he enacttsl The omf erees behes e t hat i m po r t - a t the r.> percent lenel could atleet nat ional secu rit s F oi nat iona: securits reason. theref ore. cont ract mg f or new i m po r t s n m-t be re st ricted w hile t he Ses' ret : irs of l'om merce - st ud s i-being caind ui t ed to deternune w het her a national secur it y t h re.it ducs m ta< t ma di ni,t mtend t hat ans The ci nterec3 terialtze at that import lesel i i t3 t he Ns retar s at Energs rest rictions be 'mpostsl until sucI. tirne finds that i m port 1.wel, a re. m t'act at the G pe r ce n t les ci. and the Secretars of Commerce uut tates a n m s e-t iga,t ion t i deter nanc <c t he eff.ects of such imports im nat umal set u rit s 1 he cont ras t ing re -t rict ton is limitext to a mao mur a du r.it i,m of t w o s earw The confere ice agreement con t a m, no r e-t r ict : m3 w it h respect to cont ract ural agreements m existen< c at the date of enact men' It may appls t i > t'u t u re contrat ts ti r por t ha-c. it !< ' elen ur anium i and is to be limitesi tai ci m t ract s e x ec u t eti u b-et i u r n t ti s it u e lit i r the Fexferal llegister bs t h. Sis retiirs < > ( iiri; rt'. r i iit t he-t r ' t i it iiir, e of an ins estigat ion u nder Sect ion R of t he Fr;nte W pan o on tt The aut horit s of the Sn retars of Ener gs ti inmt new t o rien i sou rce cor t ract u r al obbga' o m-is h u n t.si totwo s e.o - durat n a lo m ple m e m ed ihe <.nter the esent that a tempor ar y rest rict ion n 2 eni e agreement pros oles t hat all o mt r acts m( ludmg ( < intr.nt3 ti a opt h>n-bir suppls it titreign u r ahlu m r \\ ec u t rii [ir p o ti he in at mn of t he Conunerce Secret.u s i u a est igat ion shall not he a t t ei t ed bs -uch prishibit um- _ad The Secretary i t Encres may a' ain t ime tr.gger -tuds under i the Trade Act bs the l ' r u t ed S t a t e-I n t er nat ion al Irade (brnno- -lon bs making a detern.:nat um t i.it u r. i n i u n i, n. pi s t - t h r e a t e r. f. > i nj u re t he domest a u ranium mdo-t rs l' h e -tuds w< a id a i sii r e% a lg 4 0' m considerat o ' i>t trade rest r a t o m-ti p r..t ei t t hi d.at a st n urani um iridustrs A tern pid ars t r ide r est r at t o ni w iiu hl ra hiiw es e r lw' 4-. In ettect during t he t uds g> 4.- .The S. c reta r s o! Enc r e s - det e rii,, nat u m, r es.i r d i ng t h. atolit s s < >t t he ur.inium mining indust r y w i t+ riade pt;- -ii.i r i t ti , i i wnn'*mmlh- ,t er a ' n e r;t J _ [ . *y uired ti' des clop h5 r uie r 6 he is . i -,cw 1'. t lie -tiets a her tie r t his Act The N i retar s is rei 4 u i r ei f 'i o mt ract ing ti>r b 'r eig n i m p u t.- r es u t t i v ri ve"ater t h it: per 4 a cent < > t dmest D ' ur t!1iu n: r et 4 < j i r e t t ie 'i t - .ind it la' r t.t tiir- .i t ! ci i ' { the i de! m of the don u ~t i ainnan aulu-tn I h. s.rea.o s - di e e ter nunat u m +)? tinal x r:teria h >r is. ewing the si.iii'+ts a the di, g i mest u uran:um ndo-trs w ill be used e ihe ba r ti o ar sinc i' i his re+ >n% bli n ies tii miinit or t he d' ance o irutustrs urnier 'h- \\t and u nder t he -.s t ion 16 ofthe \\h rnn Encres \\ct + 1-To aei-t the t 'o n g r e-m m.u n t.o n nie a < lea r o utei.'a nd m a 1 s the stitus of t ne dome-t n m u n ni arni nullmt d +1rs the oH er ence agreement pria nic-that within a scar after ihe da'e ,! e r : 7 ';- - the (. m g r es-.i act men t. t he l'r.+ ide n t n ti, prepare a nd -uhri ' s omprehensn e re iew o' t h. orrent -t at u-of t he 'idusfrs \\mong t h e t o u rs t i > be addres-es it t he < m q r ehen-n e r e s 'c w .o'
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53 COhthtENTS ON A TEAtPORARY ADVISORY PANEL TO STt'DY Tile NL' CLEAR POWERPLANT LICENSING PROCESS Section 13 of II.R. 2330 directed NRC to establish a temporary advisory panel to evaluate the efficiency and effectiveness of the nuclear powerplant licensing process. The panel was to camplete its evaluation within six months after enactment and then submit a report to the Commission and to the Congress. The llouse further directed the Commission to provide Congress its views on the panel's report as well as its recommendations on the need for legis-lative and administrative changes to improve the licensing process. ? A similar provision was approved by the Senate Committee on Environment and Public Works, and then subsequently deleted from S.1207 on the Senate floor. The conferees agreed to delete the IIouse provision from the con-ference agreement. The conferees' rationale for cropping this provi-sion is that a requirement for such a temporary advisory panel is not needed at this time because similar initiatives are already un-derway at the Nuclear Regulatory Commission, the Departme'nt of Er.ergy, and outside the Federal Government. COhthtENTS ON TIIE 2 YEAR Al'TilORIZATION CYCLE For the first time, the conference agreement embodies a 2 year authorization (fiscal years 1982 and 1983) for the Nuclear Regula-tory Commission. The conferees believe that inherent in this 2 year authorization is the potential for significant reduction in the con-gressional legislative workload without ir.4 pairing the ability of Congress to exercise effectively its jurisdiction over the NRC and the regulation of the commerical nuclear industry. Also, the confer-
- i ces believe the 2-year cycle will promote more coherent budgetary planning and program and policy continuity at the NRC.
The conferees believe that the NRC authorization levels for fiscal year 1983 contained in the conference agreement are based up(m reasonable projections. In testimony before the llouse Interior and )' Insular Affairs Ccmmittee, the Commission described the following 1 internal budget process that the agency went through in develop-j ing its authorization request for fiscal year 1933: This process included detailed office submissions for both fixal years (i.e. fiscal year 1982 and fiscal year 19*3) based on the guidance provided in the PPPG. All of the office submissions were subjected to successive reviews by the Office of the Controller, the Budget Review Group headed by the Deputy Director for Operations, the EDO and the Conimission prior to submission to the Office of Management and Budget. At each review step, the office directors were encouraged to discuss their requirements and to advise the reviewers of any impacts that proposed changes on their fiscal year 1982 budget request might - l have on fiscal year 1953. Through the EIX) level, equal at-tention was given to both budget year and outyear esti-J mates. t
54 The Commission, having gone through the process of developing and reviewing a 2-year budget request, indicated their support of a 2-year authorization cycle. The conferees recommend a 2-year authorization for the NitC with full understanding that there will always be greater uncer-tainty with regard to the funding requirements of the second year of the 2-year cycle vis-a-vis the first year of the cycle. With this in mind, a reprogramming procedure is provided in subsection 1(c) of the conference agreement that will enable the NRC and the Con-gress to work together to reallocate authorized funds in the event circumstances change during the authorization period. In addition, the option is always open to the Commission to request a supple-mental authorizing of appropriations; and the Congress can amend the authorizing legislation. The conferees expect the Commission in early 1983 to submit to Congress proposed legislation authorizing appropriations for the agency's salaries and expenses for the 2-year period of fiscal year 1984 and fiscal year 1955. The conferees further instruct the Com-missicn to submit such proposed legislation in a lineitem format witt.. specific amounts requested for each of NRC's programmatic functions for each fiscal year. 510 UDAL.t, JoN ATilAN R. IlINGilAM. JOHN f. SEIRF.RLING, EDWARD J. SI ARREY, JOHN D. DINGELL, RICH ARD OrTINGER, TOBy SIOFFETT, 31 ANUEL LUJ AN. Jr., DAN SIARRIOTT, JAMFs T. IIROvHILt, CARu>s J. SiOORHEAD, 3fanagers on the Ihrt of the flouse. AL StMrsON, PETE V. DOMENICI. STEVE SvMMs. RonERT T. STArroRD, GARY IIART, Gr.ORGE J. 51tTCHEL1, JENNINGS RANDOI.rli, 3fanagers on the [tri of the Senate. 1 O
( '] ' O f f G r' )'[74 ,4 o /-d-PDZ o ~ M>C %3 977u Coscar.ss IIOUSE OF REPRESENTATIVES Rtront 2d Session ym. ' No. 97-ES4 4;*..>.y.,; ; ,4-
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m. G H... AUTHORIZING APPROPRIATIONS FOR TIIE NUCLEAR _c g REGULA'IDRY COMMISSION I N N s Sterrusem 25.13F2.-Or& red to te printed N\\ Mr. UDAM., from the Committee of conference, k. submitted the following 4 CONFERENdE REPORT L [To secompany II R. 2330] The committee of conference on the disagreeing votes of the two j Houses on the amendment of the Senate to the bill (11 R. 2330) to authorize appropriation to the Nuclear Regulatory Commission in s accordance with section 261 of the Atomic Energy Act of 1951, as amended, and section 305 of the Eqer Reorganization Act of i 1974, as amended, and for other purpose, havint met, after full and free confererice, hue agreed to recommend and do recommend I to their respective llouses as fo lows: a / e That the Ilouse recede from its disagreement to the amendment of the..$enat and ngree to tp"e;same with cr. amendment as fol-lows: -
- t In lieu pf the matter proposed to be inserted by the Senetc amendment insert the followin; e.,
A vino'mz.s rio.y or Arrr;ormA rtoss y Srcito.v 1. (a) There are hereby authorized to be aj iated to 4 , the Nucicar Regulatory Commission in accordance ubN $Ne provi-TC'."': : sions of section 261 of the Atomic Energy Act of 1934 (42 U.SC >~~.FY...- 2017) and section JOS of the Energy RNrganization Act of 1974 (42 u r.~ 3. L. U.SC 5875), for the tscal scars 1982 and 1983 to remain available y lm;. ;. until expended, $48 200,060 for co! year 1982 and $513,100,000 m. . ~. b. for fiscalyear 1983 to be allocate as follows: .: : -u
- a.
(1) Not more than $50,700,000 for fiscal year 19S2 and !.;m O.. $77,000.000 for scal tor Regulation' of ub' ear 1933 may be u<cd for " Nuclear Reac. ich an amount not to excced $1,000.000 is authorized each such fiscal car to be used to accelerate the S 99 142 0
8 9 mi:e the need for issuance of temporary operating licenses pursuant not more than 15 percent complete, the Commission nhall provIst to thss secton. that such inspection personnel us the Commission derms appropri "e. The authority to issue new tempomry o mting licenses under are shall be$e construction permit as may be necess hysically present at the site at such times follosuun thns section shall expire on December 21,193p.. issuance of t rnent.o the Commissica. ortas tisa ucesse a ssexostrxr irra nixcs f (by e Commission shall conduct a study of exists.ng and alterms Src.12. tal Section 1S9 a. of the Atomic Energy Act of 1954 (42 ogmms for improvsng quality assurance and quality contn> US C 2239ta))is amended-in the construction of commercial nuclear poscerplants. In conduci 411 by inserting **(1)"after the subsection designation; and ing the study, the Commission shall obtain the comments of th (2) by adding at the end thereof the following new pamgraph:
- public, licensees of nuclearposeerplants, the Advisory Committee o "t2tAl The Commission may issue and make smmeds_ately effec' Reactor Safeguards, and organizations comprised of professional tzve any amendment to an operating license, upon a determination 1
~ having expertise in appropriate fields. The study shall include at by the Commsssion that such amendment unvolves no ssgns(scant analysis of the following-ha: ants considemtion, notscsthstanding the pendency before the (1) providing a basis for quality assurance and quality con t ammsssson of a request for a hearsng from any person. Such trol, inspection, and enforcement actions through the adoption amendment mav be issued and raade smmediately effectwe s_n ad. of an approach schuch is more prescriptive than that currenti nmce of the holding and completson of any requured he sring. In de. \\ in practice for defining principal architectural and engineerin, termansng under thss section schether such amendment snsvitrs no ~' criteria for the construction of commercial nuclear pourrplant.8 sicuficant ha:ards considemtion, the Commission shall corisult (2) conditioning the issuance of construction permsts for com ~ u sth the State un schich the facslits involved as located. In all other mercial. nuclear P*see'P ants on.a demonstration by the license l l rc~;ects such amendment shall m'eet the requirements of this Act. n that the h.censee us capable of sndependently managing the et sBI The Commission shall periodically tbut not less frcquently I f'i'W'f*'**" "I " U 4"* I' '1 * " * "" " '"I 9 ""U'? ""*' t than once ever, thirty dasel pubissh notice of any amendments l bilities for the pou erplant; issued, or prop 5 sed to be issued, as provided in sub' paragraph IA1 (JL* duatwns, snspectsons, or audits of commercial nuclea, Each such notice shall include all amendments issued, or f>roposed l .Pncer lant constructson by organizatsons comprued of profes t to Iv sssued. since the date of pubhcation of the last such periodic natsce. Such notice shall, scuth respect to each amendment or pro. '?ona s havsngj expertsse in appropriate fields s hsch esclua l 1 .tsons, snspectsons, or audits are more effectwe than those undet pned amendment tilidentify the facihtv involved; and tiilprovide a brief desenprion of such amendment.~Nothing in this subsection current practsce; shall be construed to delay the effective date of any amendment _ (4) improvement of the Commission's organization, methods and progrums for quality assumnce desrlopmen:, reviene, aru, 3CI The Commissiors shall, dunng the ninety. day penod follow. l ing the effective date of this paragraph, p omulgate regulations es. inspection; and tab!sshing til standards for de!crmanmg schether any amendment to (51 conditioning the issuance of construction permits for com mercial nuclear posterplants on the permittee entering into con a_n opemting license intelsvs no signslscant ha:anls considemison; l tssI cnteria for providsng or, tracts or other arrangements seith an independent inspector Ic nrnth prior notice and reasonable op;mrtunsty forpublic eomment onin emergency situatsons, dispensing audit the quality assurance program to venfv quality assurance s any such determination, schich enteria shall take into account the Fa. performance. exsgenc,v of the need for the amendment involted; and (iisi proce. r purposes of paragraph (5), the term " independent inspector
- dures for consultation on a sy such determination seith the State in mixins a person or other entsty havsng no responsibility for the schich the facility inschrd is located. ".
design or construction of the plant int >olved. The study shall also tbl The authority of the Nuclear Regulatory Commission, under include an. analysis of quality assurance and quality 'corstral pro-the provisions of the amendment made by subsectiors !al, to issue \\ grams at representative sites at schich such programs'are opemtsng and to make immediately effectue any amendment to an operating satisfactorily and an isssessment of the reasons therefor. !scense shall take effect upon the promulgation by the Commsssion (c) For purposes of-ol the regulations required in such procissons. (1) determining the best means of assuring that commerrial nuclear posterplants are constructed in accordance scith the ap. qu'Aury AsstaAscs l .phcable safety requirements in effect pursuant to the Atomic l Energy Act of1954;and Sec. JJ. tar The Nuclear Regulatory Commission is authori:ed I (2) ssessing the feassbility and benefits of the various means and directed to smplement and accelemte the resident in<pector pro. listed sn subsection tbt gram so as to assure the assignment of at least one resia'ent inspec.for by the end offiscalpar 1332 at each s the Commission shall undertake a pilot program to review and nuclear pourrplant is under construction and construction is more etuluate programs that include one or more of the alternative can. than 15 percent complete. At each such site at schich constructson ss cepts identified in subsection (b) for the purposes of assessing the feasibility and benefits of their implementatson. The pilot progmm i
10 11 shr!! include programs that use independent inspectors for auditing quality assurance responsibilities of the licensee for the construction tion) relating to any assistance for resident inspectors determined by of commercial nuclear powerplants, as described in pamgruph (5) of the Commisswn to be approprsate. subsection tbt Thepslot program shall snclude at least three sstes at sanorsce or uccLEAn FACILtrtES OR FUEL schich commercial nuclear powerplants are under cons:ruction. The Commission shall select at least one site at which quality assurunce Sec.16. Section 23G of the Atomic Energy ArQof1954 (42 U.S.C and quality control programs have operated satisfacto:ily, and at 22S4)is amended to read as follows: Icast tuo sites with remedial pmgrams underway at which major "Sec 23G. SAnorsas or hecteAn FAciursts on Furt - construction, quality asss.rance, or quality control deficiencies (or "a. Any person who intentionally and willfsdly destroys or causes any combination thereof) have been identified in the past. The Com-physical damage to, or who intentionally and wdifully attempts to mission may require any changes in existing quality assurance and -destroy or cause physical damage to-quality control organi:ations and relationships that may be neces- "(1) any production facslity or utilizalson (cuslity (scensed sary at the selected sites to imp lement the pilot program. under this Act; id) Not later than fifteen months after the date of the enactment 'Y2) any nuclear waste storage facslity licensed under thu. s of this Act. the Commission shall complete the study tvquirnt under Act; or subsection Ib1 and submit to the United States Senate and flouse of "(3) any nuclear fuel for such a utilization factlity, or any Representatives a vnport setting forth the results of the_ study. The spent nuclearfuelfrom such a facility; ~ report shall snclude a brsef summary of the snformatson recesved from the public and from other persons referred to sn subsection (b) shall be fined not more than $10.000 or imprisoned for not more a and a statement of the Commisswn s response to the significant - tha..b. Any person who intentionally and willfully n ten yean. or both. comments received. The report shall also set forth an analysis of the -to cause an interruption of normal operation of any such facilsty results of the pilot program requsred under subsection (ci The report 1 through the: unauthorized use of or tampering svith the machsnery. shall be accompansed by the recommendations of the Commssswn, componenti."or contrvis of any such facility, shall le fina d not more sncluding any legislatste recommendations. and a descriptwn of any e than $10,000 or imprisoned for not more than ten years, or both.". administmtive actions that the Commissson has undertakeasr-tends t or in. undertake, for improving quality assurance and quality DersarstENT OF ENERG Y INFonS!A rlON clear poutrplants. control pagrams that are applicable during the construction of nu. \\ . Sed 17:(a) Sectiod 148 a. (1) of the Atoma.c Energy Act of1954 (kr ~ ~ ^ U.SC :ll68(atill is amended by snserting atter " 'Secretar the ~ wirrArrox ox est or srrerst scctran startaist. following: ", with respect to atomic energy defense programs. g') i Src 14. Section 57 of the Atomic Energy Act of 1954 (th Uic tb1Section 144 of the Atomic Energy Act of1954 t42 U.SC 2168) 5# "*'" 0' "A # .'O il is amended by adding at the end thereof the folloscing new "# " ~ "" al nuclear material, as defined in section 11, produced in
- "j Any determination by the Secretary concerning the Iha# *
"g ;jf f-}"n ?iYa N b'$1 facsistses hcensed under section 10J or 104 may not be transferred. y3 o reprxessed. used. or otherwise made atmlable by any snstrumentats-the,,Unsted States or any other person for nuclear explossve "e. The Secretary shallprepare on a quarterly basis a report to be yo made.at<tilable upon the re$uring that period of the $ecretary's application eua on or ntstorxt tssrtcrons order prescribed or sssued under thss section. In particular, such report shall-Src.15. Of the amounts authori:cd to be appropriated under sec- 'Y1) identify any information protected from disclosure pursu-twn 1. the Nuclear Regulatory Co.nmission shall use such sums as ant to such regulation or order; may be necessary to conduct a study of the financial hardships in- "(2) specifically state the Secretary's justification for deter-curred by resident inspectors as a result of (1) regulations of the mining that unauthorized dissemination of the information Lommisswn requsrsng resident from one duty station to another; and (2) the requirements of theinspectors to relocate periodically protected from disclosure under such regulatwn or order could reasonably be expected to have a signs (scant adverse effect on Ccmmission respecting the domicile of resident snspectors and re-the health and safety of the public or the common Jefense and specting tratet between their domstile and duty station in such security by significantly increasing the likelihood of silegal pro-manner as to atvid the appearance of a conflict of interest. Not duction of nuclear uvapons, or theft, divenion, or sabotage of later tnan 30 davs after the date of the enactment of this Act, the nuclear materials, equupment, or facilities, as specified under findings of the Com nission as a result ofsuch study, together withCommisswn shall submit to th subsection a.; and "(2) provide justification that the Secretary has applied such a legislative proposal (sncluds_ng any supporting data o informa-regulation or order so as to protect from disclosure only the msnimum amount of information necessary to protect the l
e 38 39 licen e omendments that have irreversible consequences (such as consideration. The conferees expect that the procedures for.Stdte those permitting an increase in the amount of efnuents or radi-consultation will include the follow n e em nt ation emitted from a facility or allowing a facility to operate for a (1) The State would be not period of time without full safety protections). In those cases, issu-amendment; ing the order in advance of a hearing would, as a practical matter, (2) The State would be advised of the NRC's evaluation el foreclose the public's right to hase its views considered. In addi-the amendment request; tion, the licensing board would often be unable to order and sub-(3) The NRC's proposed determination on w egser g 3;. stantial relief as a result of an after-the-fact hearing. Accor ingly, cense amendment involves no significant hazar s consi er the conferees intend the Commission be sensitive to thos would be discussed with the State and the NRC's re amendments which involve such irreversib;c consequences.e license making that determination would be explamed to the gsons ta t t,, The conferees note that the purpoae of requiring prior notice and (4) The NRC would listen to and consider any comments r un opportunity for public comment before a license amendment vided by the State ofGcial designated to consalt with the may take effect, as provided in subsection (2xChii) for all but emer-and gency situations, is to allow at least a minimum level of citizen (5) The NRC would make a good faith attempt to consul + mput into the threshold question of whether the proposed license with the State prior to issuing the beense amendment. amendment involves significant health or safety issues. While this At the same time, however, tha rrocedures for State consultatto sub,ection of the conference agreement preserves for the Commis-would not: sion substantial Cexibility to tailor the notice and comment proce-nation; dures to the exigency of the need for the license amendment, the (1) Give the State a right to veto the proposed NRC determ. conferees expect the content, placement and timing of the notice to (2) Give the State a right to a hearing on the NttC determo the facility an adequate opportunity to formulate and submit rebe reasonably calculated to allo nation bpfore the amendment becam,e effective; (3) Give the State the right to msist upon a postponement of noned comments. a-mulgate criteria for providing or dispens;ng with prior r.otice an 1The requirement in subse the NRC determination or issuance of the amendment; or, (4) Alter present provisions of law that reserve to the NRL, pubhc comment on a proposed determination that a license amend-exclusive responsibility for setting and enforcing radiological health and safety requirements for nuclear power plants., ment involves no sigmficant hazards consideration reDec+s the con-Ifi. requiring the f RC to. exercise good faith in consulting with, ferees intent that, wherever practicable, the Commission should 'statiin-determining 'whether a license amendment mvolves no sig-pubiish prior notice of, and provide for prior public comment on niGeant hazards consideration, the conferees recognize that a very such a proposed determination. limited number of truly exceptional cases may arise when,the the term " emergency situations" to encompass only thosIn the context of subsection (2K NRC, despite its good faith efforts, cannot contact a responsible State official for purposes of prior consultation. Inability to consult dawn or derating of an operating commercial reactor (The Comcases in which immediate with a responaible state official following good faith attempts e rare should not prevent the NRC from making effectise.a license minion already hazi yolvmg immment threats to the public health or safety by issuingthe authority to respond to em amendment mvolving no significant hazards consideration, if the NRC deems it necessary to avoid the shut-down or derating of E immediately effective orders pursuant to the Atomic Enerdy Act or power plant. the Admmistrative Procedure Act. And the licensee its lf h thority to take whatever action is necessary to respond to e as au,
- y smnon tHaim ASSWANG volving irrminent threat to the public health and safety)
Section 304 orthe Senate amendment required NRC to accelerate emergen- , mmission s regulations should insure that the " Emergency sit at:ons exception under section 12 of the conference agreement ts resident inspector program so that by the end c,f iiscal year 1982 wi ment m a timely fashion. In other words, the licensee should. at least one resident inspector would be at each power reactor site not apply if the licensee has failed to apply for the license ame where construction is more than Gfteen percent (15*.D complete. net able to take advantage of the emergency provision by creat-The Senate also directed NRC to study options for improving qual-mg the emergency itself. To prevent abuses of this provision ty assurance at reactors under construction, and to undertake a conferees expect the Commission to independently assess the li-approaches to quality assurance. Finally, S.1207 directed NRC to ,the pilot program at a minimum of three sites to evaluate alternative ceasee s reasons for failure to fi!e an application sufficiently in ad va c: of the threatened closure or derating of the facility refhe liouse bill contained no similar provisionrt to Con ubsection aCun) Commission to promulgate procedures for consulting with a Stateof the conference agreement requi The conferees adopted a provision similar to section 301 of the m which the relevant facility is located on a determination that an Senate amendment. amendment to the facility license involves no significant hazards Subsection 304(a) of S.1207 required that by the end of 1982 an NRC resident inspector would be assigned to each site where a
~.... 40 41 o commercial nuclear powerplant is under constructim, cnd con. The con. ference agreement sti ulates that the pilot progra'rr.shall struction is at least 15co complete. The conference agreement in. at wkich quality assurance and structs the Commission, where it deems appropriate, to provide include at least one si NIIC " inspection personnel" at any such site following issuance of control programs h pe ted satisfactorily, and shall include at a construction permit for the facility in question. The conferees do least two sites at maJ'or construction, quality aasurunce and not intend that such " inspection personnel" must be a resident in. quality control deficienci s ~ llave been identined in the past." spector, although the Commission has discretion to assign a resi. The < onferees recom tSt the Commission, in selecting these dent inspector to a site where construction is less then 15co com. latter two, si ,(rf guidance to the testimony of the NitC E% plete. Like the Senate amen,dment, the conference agreement re. ecutive ir c for Operations before the IIouse Committee on In-quires that once construction of a given nuclear powerplant ter or ,,, 39 3g33, reaches the 15co completion threshold, a resident inspector must be tson 13(d) requires that the Commission report to Congress u assigned to the project. The conferees do not intend to imply the (with,n Gfteen montiis of enactment of this Act) on the results 01 i NRC's responsibility to regulate nuclear powerplant construction is
- the pilot program.
any less during the early stages of reactor constructior. (i.e., when construction is less than 15co complete), than it is once a project is sEcTioN ii-uMrrATioN ON Tite USE OF SPECIAt. NUCI. EAR MATERIAS 15'~o complete. Section 207 of S.1207 amended the Atomic E,nergy Act to prohib Subsection 13 b) of the conference agreement, like subsection it the use of special nuclear material (or, spent fueD from heen 30ebt of the Senate amendment, directs the Commission to conduct nuclear power reactors for the production of nuclear explosive e a study of existing and alternative programs for improving quality e ices. II.II. 2330 had no equivalent section. assurance and quality control in the construction of commercial The conferees agreed to include the Senate provision in the con v nuclear, powerplants. In fulfilling this requirement, the Commis-sion is instructed by the conference agreement to obtain comments ference agreement. ~ from the public, licensees, the Advisory Committee on Reactor sECr10N,1f -RESIDENT INSPECTORS Safeguards, and " organizations, comprised of p ofessionals having .~ ' At thW request of tiie Commission, the Senate amended th< expertise m appropriate Gelds. The conferees intend that. these latter organizations include, but not be hmited to, the following-Atomic Energy Act to authorize NRC to reimburse all or part q the National Board of Boiler and Pressure Vessel Inspectors, the the expenses of resident inspectors incurred in relocatmg betweeq American Society on Mechamcal Engineers, the American Welding tw NBC duty stadions. In addition section 205 of S.1207 speciGei Society, the Institute for Nuclear Power Operations, and private that the Federal Government would pay expenses related to travo nuclear insurance pools. and transportation to and from work. Subsection Imb) of the conference agreement sets forth2 S ed the? section 205 of the Senate amendment incally specific propmils for, improving quality assurance and quality control in Atomic Energy Act to a!!ow NRC to reimburde resi ame the construction of nuclear powerplants, and raquires the Commis-dent inspectors for 0) points or mortgage loan origination fees; CJ sian to conduct a study and detailed analysis of those proposals. nterest on " bridge" or " swing" loans; and, (3) title insurance. Il Subsection I&d) of the agreement directs the Commission to report addition, S.1207 would have enabled resident inspectors to use goi to Longress on the results of the study conducted pursuant to sub-ernment cars for daily commuting to and from work. The Senat wetion (b t authorized apfseal year 1983, for these purposes. ropriations of $1,162,000 in fiscal 3 ear 1982, an< Subsection 13(c) of the $1129'000 in f mission to undertake a pd, conference agreement requires the Com-Yhe llouse did not include any similar provision in II.R. 2330. ot program to " review and evaluate" pro-grams that mclude one or n ore of the alternative proposals identi-The conferges rejected the Senate provision amending th Ged m subsection (bt The purpose of the pilot progrme is twofold: Atomic' Energy Act, and agreed instead to authorize such sums a
- 0) to determme the best means of assuring that commercial nucle-may be necessary for the Commission to conduct a study of the fl ar powerplants are constructed in accordance with all applicable nancial hardships incurred by resident inspectors m. a result of: G safety requirements; and (2) to assess the feasibility, advantages, certain Commission regulations which require resident m3pector and disadvantages of the proposals listed in subsection 13<b). In un-to relocate periodically from one duty station to another; and, p dertaking the pilot program, the Commission must include the use Commission requirements intended to assure that a conth,et of iri of independent inspectors" as described under paragraph (5) of terest (or appearance of such a conflict of interest) does not develo' subsection (bL By imposmg the requirement that the pilot pro as a result of a resident inspector either living near heensee en1 shall melude programs that use an " independent inspectar,' gram ploye*s, or commuting to and from work,with licensee employee, the conferees do not mean that the Commission, in undertaking the Section 15 of the conference agreement directs the Commission t' pilot program, slguld place lesser emphasis on the review and eval-report to Congress on the results of this, study.
uation of progams incorporating the concepts in paragraphs (1) The conference agreement is responsive to concerns ra, sed in a i May 6,1982 letter to the conferees from the Admini,strator of th< through (4) of subsection 13(b). General Services Administration (GSA). The Admimstrator eq pressed the view that relocation problems are government. wide ]
1 Union Calendar No. 517 97Tu CONGRP.88 J' u SESSION e e s iReport No. 97-8341 Lking continuing appropriations for the fiscal year Its:1, an,! for other purpo e-IN TIIE IIOUSE OF ltEI'llESENTATIVES SEeTEstnER 16, !!N2 Alr. WutTTEs, from the Committee on Appropriations, reporteil the following joint re<olution; which was committed to the ('onunitter of the Whole IIouse on the State of the l'nion and orderril to be printril JOINT RESOLUTION Making continuing appropriatitms for the fiscal year !!!H3, arul for other purposes. 1 licsolced by the Senate and flouse of flepresentatices 2 of the United States of.lmerica in l'ongress assembled, 3 That the following suins are hereby appropriated, ont of any 4 rnoney in the Treasury not otherwise appropriated, and out of 5 applicable corporate or other revenues, receipts, arni funds, 6 for the several departinents, agencies, corin> rations, and other 7 organizational units of the Government for the fiscal year 8 l!)H3, nrul for othe purposes, namely:
[ L 1 SEC.101. (a)(1) Such amounts as may be necessary for 2 continuing projects or activities (not otherwise specifically K 3 provided for in this joint resolution) which were conducted in i 4 the fiscal year 1982 and for which appropriations, funds, or 5 other authority would be available in the following appropri-6 ations Acts: 7 Agriculture, Itural Development, and llelated 8 Agencies Appropriation Act,1983; 9 Departments of Commerce,.Iustice, and State, f 10 the ludiciary, and llelated Agencies Appropriation i 11 Act,1983; 12 District of Cohnnhia Appropriation Act,1983; l 4 13 Energy and Water Development Appropriation f; h 14 Act,1983; 15 Department of Ilousing and lirhan Develop-E IG ment-Independent Agencies Appropriation Act,1983; k ~ it 17 Department of Transportation and itelated Agen-4 l 18 cies Appropriation Act,1983: aiul r 2 19 Treasury, l'ostal Service and (leneral (invern-m W 20 ment Appropriation Act,1983. f h 21 (2) Appropriations made by this subsection sludl be { 22 available to the extent and in the manner which would be 16 23 provided by the pertinent appropriation Act. It F 24 (3) Wlienever tlie annourit which woiild be made avuila-W 25 ble or the authority which would be granted under an Act r E Sr v
3 1 listed in this subsection as passed the llouse as of October 1, 2 1982, is different from that which would be available or 3 granted under such Act as passed by the Senate as of Octo-4 ber 1,1982, the pertinent project or activity shall be contin-5 ned under the lesser arnotint or the more restrictive authori-G ty: Procided That where an item is included in only one 7 version of an Act as passed by both limises as of October 1, 8 1982, the pertinent project or activity shall be continued 0 under the appropriation, fund, or authority granted by the 10 one llouse, but at a rate for operations of the ciirrent rate or 11 the rate permitted by the action of the one llouse, whichever 12 is lower, and under the authority and conditions provided in 13 applicable appropriation Acts for the fiscal year 1982: Pn>- 14 eided further, That for the purposes of this joint resolution, 15 when an Act listed in this subsection has been reported to the 16 llouse but not passed by the llouse as of October 1,1982, it 17 shall be deemed as having been passed by the llouse. 18 (4) Whenever an Act listed in this subscetion has been 19 passed by only the llouse as of October 1,1982, the perti-20 nent project or activity shall be continued under the appropri-21 ation, fund, or authority granted by the llouse, but at a rate 22 for operations of the current rate or the rate permitted by the 23 action of the llouse, whichever is lower, and under the au-24 thority and conditions provided in applicable appropriation 25 Acts for the fi< cal year 1982. ns.m nun
4 1 (5) No provision which is included in an appropriation 2 Act enumerated in this subsection but which was not includ-3 ed in the applicable appropriation Act of 1982, and which by 4 its terms is applicable to more than one appropriation, fund, 5 or authority shall be applicable to any appropriation, fund, or 6 authority provided in the joint resolution unless such provi-7 sion shall have been included in identical form in such bill es 8 enacted by both the llouse and the Senate. 9 (b) Such amounts as may be necessary for continuing 10 the following activities, not otherwise provided for, which 11 were conducted in the fiscal year 1982, under the current 12 terms and conditions and at a rate to inaintain current oper-13 ating levels: 14 activitics under the purview of the Departments 15 of Labor, IIcalth and Iluman Services, and Education, 16 and Related Agencies Appropriation Act,1982, as pro-17 vided for in l'ublic Law 07-02; and 18 activities for which provision was nuvic in the De-10 partment of the Interior and Related Agencies Appro-20 priation Act, 1982: I'mrided, That no programs or 21 facilities funded therein may be terminated unless such 22 termination is specifically approved in the appropri-23 ations process, including reprograming. 24 (c) Such amounts as may be necessary for continuing 25 activities which were conducted in the fiscal year 1982, for lu $99 Hil
5 1-which provision was made in the Department of Defense Ap. 2 propriation Act,1982, under the current terms and condi-3 tions and at a rate for operations not in excess of the current 4 rate until such time that the Department of Defense Appro-5 priation Act,1983, is reported in or subseipiently passed by 6 the llouse of llepresentatives, whereupon such amounts as 7 may be necessary shall become available at a rate for oper-8 ations for activities and under the terms and conditions as 9 provided for in such appropriation Act for the fiscal year 10 1983, as reported in or passed by the llouse of Itepresenta-11 tives: Procided, That no appropriation or fund made available 12 or authority granted pursuant to this paragraph shall be used 13 to initiate or resume any project or activity for which appro-14 priations, funds, or other authority were not available during 15 the fiscal year 1982 until such time that tue Department of I 16 Defense Appropriation Act,1983, is reported in or subse-17 quently passed by the llouse of Ilepresentatives: Pmeided 18 further, That no appropriation or fund made available or au-19 thority granted pursuant to this paragraph shall be used to 20 initiate multiyear procurements utilizing advance procure-21 ment funding for economic order quantity procurement unless 22 specifically appropriated later except for the following pro-23 grams and amounts: AN/ALQ-130 1(adar.iamming Sys-24 tems, $14,500,000; NATO Seasparrow Ordait
- Kits, 25 $33,000,000: Procided further, That none of the funds ap-IfJ $99 Hil
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l }r a li v fli klf'r.k i't. \\ t it i\\ t fi-i ifitfili[ :ll!\\ d p! fle ' ltrati l-li i t j i s '. l!- 22 j(iirit reuillitio!! tiir pa r the ni t < > l 'a i ru 'ut \\ini lh I;in trair: u !!e 2:i of.\\da m lie hjanun J u n u ir. ':d e l'e pr e -e'!!:d n e f ron, the a 0 4 g E = 5 n.1 Ym Rn _^
{ lf bilCfl IllllinlllIS aIC a \\ II I I I' I 2 project or artis ities provided fol ni 11 Il 'i!"I' the Mihtars
- ('on<truction Appropriation' Act. 19'">. a' pa"ed t he H ou c 1 on Augu t 19. 1982. it a rate tor operation and to the 3 extellt alid ill llte untillier priis hled I'tr ut 'llrh T H.
SEc pi2. Appropriation < and tund-nunie as ailable and 7 a ut horit s eranted pur nant to du J'ont re-olution -hall he a s ailable froni (>ctober 1. 19 s2. and -hali rencun a s ailabl' a ppro pria t ion for ans D until ia) e na rt rue nt uito hiu ot an Di proiert or artis it s pros ulce f or in thi.toint re-ohnion, or t h) 11 enart ule n t of the a pidi' ahle a plu o prla t ion Art W hoth m. 12 Ilou-c, without ans pros ruin tor -urh proiret or activit s. or 1 :' (c) l'ehruarY 2' 19* $. Y hlChC\\ PI Iif't orrur- }} % E(' lt i !. A p}}ril}irl lt k(Hl' lluidt' alh allI N'III EIMI 13 pur-Mant tai t h!- ini!It re-idulloll ' hall cs er all inhlicat ion' T lit e x pelblit u re-it: bTPd Ir a!!V p f' 'j C CI I 2"1 IV U period for which lutul-or allt hiirity f or -urh priiject iir artis i-17 1-t s are availahh utuler thi-joint re-olution. lit SEf' lil t. l,xpef ullt ilre-Iluule pur-1Ut fit it' t hl' j'Unl IP' ointion -hall he chareril to the a pplirahh' appi"PfutIi'n. tund. 21) 21 or mtth irization whenn er a hill in u hu h -urh applirahk ap-propriation, tund. or aut horvation i-cont ainell i-cuarted into 22 2:4 hi u. 31 Su l i t.,. A n' appropriation hir t he h-ra! scar 19"M ~ 23 retplire i t o he a pp'irtinU'I PUF'Halli I'"' " ' " ' ' ' ' ' ' ' " " HJ W+ Hil
'4 '} g = ~.,. ,r. c . (, p
- q..
- ,
l, f.; ' 9 l~ ~ - .:g I l_inted State < (' ode m:n he apporooned on a ha>b indicating l j.f.
- i...
g the need (to the extent ant euch increase cainnit he als<>rhed o s t,. ^ g .i y
- s withni avaihible appropriationa for a supplemi atai or defi
%21 -j - k..:.. /,( c: ?: [ f. 4 eiency estimate 01 appropriation to the extent necessarv to .G.,[ '.,.,/ 7 ',.e p .3 permit payment of such par iiirreases niar he eranted pur-1,7-f 'w:UL. as b. suant to law to civilian <iffi( cr' and emphivre' and to arti\\ e xi.% *L:4 E, _.. +. ;.... jj jf'.. " \\ "'[. ( (;C
- b and retired unlit trv persiinnel. l,arh such appraipriation shal]
- g7 ~?.
. la" 4 $l{.. , ot herwise he subject to the reipiirement - of scetion 6;G.i of y <, ;^g g., i.7
- q.
.-f-p; 3,: e ;,, 0, .': l.l Y.',.' i. g.; 1 9 title :ll. I'nited State- (' ode ^ .. y: : - ~ ~ '^- c o ,q .i Y[c.g :-. li) SEr ll Hi. In accordance with l'uhlir I,au 9 7 -- 2.iT of .:.C. ',, d y.;. .e ,s.- 4 I1 September li'. 19'2. not to exceed an annual rate of ~." - J.7 " .f ' .,5 ~ I,. .l l ~.. 'I J.( 12 $ 1:i..if H U H H) from the tee collected and credited to the ' Sal-II T: '.c s y .h ,<. ;... <: : ?.; / 1 :1 arie-and Expen-e< appropriation of the Federal ilurvan of h[, !..[ f' , a .-q, o 14 Inve-tication to prore fingerprint identitiration record. for F., ? \\.!.. m . ~- m 4: }. 1.1 noncriminal emplovne nt and licemine sers ices. 3 hall be C0 /. r, ?.. y 16 available for salaries md other expen e incurred m provid-T,. ! ~ t. 17 ine such service. 5 .' ~ .i : q:.'. q.- (. l' SEF l(>7. Not withstanding any o'her provision of t his s. t X 7 .. i.['. s.... 19 jomt re-olution except <ertion 1(12. tundine for I)epartment i 9 '. $ ' - i s ~ .t. c,.,,,.,.n . =. e
- - v.
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t... o.. l 'Y v 1 (, ode. or :ui emplovee covered hv section.i:ils of t hat tit e .'4 ~ .. ). ?. %'. Q... 3 %._.. ',- '.) in all :ullotnit whirli exceedo 7.s. t. z-a e s s_ a (1) for the period from ()ctober 1.1982. until the P-J ~ < > - u , 7_ ;;,- ; ;.. - .sf 4 IleXt apldicalde wage sllrver adjtistniellt llectunes eller-h!c J L h.? } A '.. : 4 .i tive the rate w hich was pavalde for the a p;dic:ible
- 7 6
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- 7rade and step to such em}dovee utider the applicable h,t t{
( -t y s q. :. ycM_ n % r'..
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a wage <rhedule that was in ef fect alid pavahle on Sep-j ;, b,, > f [6.7. " " , p r.. -. v ( b tenther $() e . 19*2; and T "I: n.f t , - - 9 h .y. a., --. - ,:A. y ? 9
- 12) for the period consisting of t he renlainder of
.[ " ' 5.5 ~.. " c4 '. f:. , 'l l, ; \\ [s N. lt) the fiscal vear ending September :it ). 198:i. a rate ' '..,-7.,v._. _n. y [ [# h .) 11 which exceeds as a result ist a w age sur\\ev "} k /- f (( g. adjust-
- i.
a. [L 12 ment. the rate paralde under paragraph ill of this suh- ~ '...[
- r,c. % y. :. --..
4 m .y[ section hv more than the overall a\\ crate percentage of .f i:'fe? a.. g%-: 13 v -; y.' ^ 14 the a dju <t me nt in the (ieneral Schedule d u rinL-the ..,.,,~:.-..
- 1. -
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. i-sc4 a. p ',J._.[.3..-T 17 9 fiscal vear ending Septenther :D). 19N:1. 1 ',. 7, 7;;,2.'. ' t , ?.., n a. y > in ),.m-!?,' ( l '.e. - r..',. .w.....% 3 p) gH.g of wlt p1st alugIng i le pros sions of <ertion !Hh) of ,-y - s,.. .h_- l% Ty. _. I_4 l'ilhh,e baW 92-192 or ection ihj(h) o[ the ('jyjj pppgjeg [ 'j #_,1 [,J,, # 1: ?. <s, *.. r .1, IN I$efornl det of l!)7'*, the p r()vi s lo]} s g,[ 3gh< ppt hm (a) g,[ t h y, [,' p. -. q -r ' i.,. ' '. *.- + - ( - ..,,.m,.-*-
- t IN 5eUIioll <hall app l,v (in <uch ina}}ner a < t}]p ( )l[jpp i,l j'p rq qigg,l
{,] _' e l4 ' g, .[, _ ';., L(.;. ? 7 [ 2().Managemellt < hall pre crihel to pres aihnt rate eniplovees to p. - i K. .. = = ' . [ [%. - }5 h,.2,,.' 5 ' {; 21 whoni such section !Hh) applies. except that the provision of .;[.<,.. ' ?' % [ 'e m ( f,3 b< 22 Sub<eetion (a) inav flot app lv try aglyinerense hga ung,.sched. b. j .,g, ') j. +
- 1. ei'. +-
s. 23 ule or rate which is rerpiired hv the terrn of a cont ract en. J. M"". ~ e-4 ,..#.. s '; s. -,. . +.. - yy.MG(.'4 k.., l a u 'fl heh.ere t}le dats vit ellaCIlltent fif t his.\\ rt. { .!4 + !: *. - 3*.f ". i ; - g .sT j..* .
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e + .e... .,g i2 5,- (.j %.j! 7vg. ,.y. c v. 1 (c) For the pu iose-et <ubscetion (a) of this <ection. the
- 1. s.. n.-
v ~.9 yi.. ?. ? ,[ hY I IIS 5 ( T I H 'll s..". O rate pavak)}c Io anv t'lllp (Iree wb') l' C(IVere ...s -2 3 and who i< paid froin a schedule w hich was not in exi<tence " " Qf }> ~.. O c.,.. . r ..J ; * ". 4 on September 30 1982. < hall be deterinined under regula-3.: ;;. 4_
- .. L 3 tions prescribed hv the l' resident.
.M .c. ; x ,-..,;e .w.. ti (d) The provisions of this section shall applv oniv with '3 / i 2 ' -s.." y l 7 resp-et to pa.v for <crvices pertormed hv alterted emplovees .E '- *
- .....W. M
- ..y
. y .,.,.y g-. K after the date of eintetment of th.is Act. '.= v:.. -t.. 9 tei For the purpose of administerine anv prmision of .....,. _...y
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?.7 m law. rule or reculation which provide < premium pav. retire-s. '.4 .t
- -..,. :~.;.
of her emplovce benefit, which ( e [ -.p. ',.. ]. X i 11 ment, life insurance, or ant ...s .v m : ,[; d 12 requires any deduction or contribution, or w hich imposes , ;. 3. any a. ..;.,...(.Q n. ; s,
- v. l
... ~.. 3" 13 requirement or limitation, on the basis 01 a rate of salarv or 4 ;.... , 3
- y. _
Af 14 oasic par, the rate of salarv or basic par pa.vable af ter the vt Q ".,if?C .g ~ .'.7
- ' - C '. ( ; - -
.i 15 application of this section < hall be treated as the rate of n ^ 4. eg 7 s. 6,e 1(i < ilarv or basic pav. ',..J ".t. < x g .?, .: - y w
- i 17 SEr 111. No part ot anv appropriation contained in, or
.. ~. .4.]^- ~.
- . y..
-.t.a d.i 18 funds nuide available hv this or any other Act. shall he avail-3 '. C, '
- t f.%.. '
..g. '.: w r 43 f,.T y ; J.[. Ki$_1.k.7 7.s: 19 able for any agenev o par to the Administrator of the (iener-s +. -. = s t. '!,. 2(i al Services Adminb' ration a higher rate per square foot for 4.m .c.: y w:.... c' l '.9 S. L. ',. ',- ,,.y ... q %,..
- 4. s t.+.,. l set. -
- ;.) 21 rental ot < pace and services te<tabb. hed pursuant to section 1y 4 s j'f y _.- 3.. n fE> ,.' g. >lo(j) of the Federal l'ropertv and Administrati\\ c Services 2 -. i t. J. A. ~ -
- t '.
+> .s. . ; ~.-., .,3 -? c., ' n.y. : c.. ' p C?; 23 Act of 19a. a< amended > than the rate per square toot estah-g
- u. '.
};y... = 1_- 24 lksbed f()r ille <paM' and servk(1 kl\\ I!M' Iit'IH'ra! ber\\ (T*
- I..,. - ',,
.L.gr . ;i,.. y,.'v;, ' it '1 , - gf. Adm,m,stration for the current fiscal year and for u h. h ap- .i ^ * - ; -3..*' -A ': 25 7 i le
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- 1 any other \\et. shall he as aihdih tor aus acenes t., pa s t o t h,-
4.\\drH! Ills
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dirtu a' Sa'rshe's \\ill!ii:1:stratuin a .i higher rate per square toor !or ri uta! sp ire a nd sers o r-ir-6 tahjished pursua!'t tii ret h n; 2 ii n ;! i>! th, F d.rai l':ii;, ri s
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- i and i'ritical Materials Stock l'ihng.\\rt G) l'.Sl' %claHlh 4 and tor transportation : uni other inenlental expenses related
$ til sne h :letflll'lt iilll. .Sint u il fi'!;llitlk!!c tllV I'lln'r llfin l'hlli (8! I!ll' (i NE(' ! 1.' I I joillt residnt hlII, tillhls a \\ :lil:thle it' the I ederal I5hildille I nInl E. willlil! t ht' (it'nt'ral Ner\\ lre s.\\ t Illllll'I r:l t ilill 111:1\\ he ll'cIl I8l a i nn st rih't illil. lHiIt I!a'e :lil V ll H ' Ibidll. alh fi' !I illiti:lt e llt'M i [' li' pairs and alteration hne-itrin project-w hwh are n w hnled in 11 the Trea s u rV. l'ost al Scr\\ we :nni t iencra! (iin ernnmnt.\\ p-5 i-- ? 1 {lrf )lil' 'lI illl.\\ i'I, .' I ' rl'J H lr I'l l'I $ II' 'Ill'I N e 1:; SE(' lli fund-prin uled h\\ t h!- joint resolution !<ir S 13 in t he l hst rict of l 'ohnnhia 5t aichood l 'on-ht hfinnal ( 'on\\ en-16i tion Ininatis e (l U ' I,a u J 1716 shall he app!ied first tow ard = bE 17 ell-nrille \\ 8 iter rillical u n t inithe }}ri ya hed i'illi-t it u t u iti hs I:t ) = l* lbrk!ltillg klV t fif' b t :i t t'fli H it! I illlllllll!i ilI I d' llfi'J H li t 'i ll i - ! k IO k II k' IO ' \\ k I O e E r\\ pre--ed hv t he (.iin s ellt ulli dde 2t> agaill' it - proilsiolls a-
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22 the regi-t ered i nt ers ofthe l)i-trict o! ('ohnnhia h\\ ( )c t ohe r i b 2$$ }., l.i* 2, :llld li'! lPrf'jhl r fl[ Illr }H! I lf' lI lill! ll ' :1 lH1 I It' ( I H 'll - V "I nmnt a coinprehe n-o r keidat n e hi-ton otihr propo-ed <on-f r 4 20 -tit hi vin F ll I W4 R14 7 7
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- $ g:t!}erV ttir E.lstern :tri tilgt'I!!t'r U lIkl ' I II I C I I I I ' ' II Il'I!id i educatiolutl.trii\\ illes ilt 1 }te a rea ssultll til t ht' iiritilntl billlill-siunan Inst' Int hin Huihlille. inchninic nt to "\\t t Pd $ l'" U " d '
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There b 5 t' renuun avai!ah!, until c\\ pen <hui. lor liepart:nent ut Enerc'. 11) ' S t r:i t e g n l'etro!rian heser\\r to ca rr\\ out the pro \\ blon s of 11 Sectiolb 1.il through l'hl of t he Enric\\ I d !' \\ 'Unl I "n " f }2 vali()fl.\\('t I)I l!!I. I !'ll 'lki' k,a h !' I 45I I 1 :i S E( 121. N a it wli h st a tuling sert ' in lillia H 18 of thb n 1l piint resolution. of t he tiuuls pro'. nicil tor t he S a bi rie s
- oul 1.7 Expen-e3 appropriation of the SniaII hn'ine" \\ thn un'I f a h'n 1 +1 under t his punt re-olut nin. a n annua! rate of $ 1 1.i H " U " " '
'7 shall he a s aihible onk tor gra nt - tor Nnall Hu-nir ss lle\\ ch ip - aut horized h\\ section 2inai of the Srnal! 1-rnent (' enters 4-a r ne t ui. 9i. 111 Bir nes-.\\ rt. as 24, 1"" N ot u it h-t:n alint sortion l'il'ahl' thb 21 piillt resolu t ion noneii!the huni-proinhui hi 'hr joint re -i. 22 li; tion f or i hr I ega! Ser' ua - ( larpiirat u rn s hall f n' r\\[n niled 2 :>, f or an\\ purpo-e prohihite W .,.y
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,1),{ 17 ized pay. Collection shall be made over a period not greater [ Y.:. [n 18 than the anticipated period of emplovment. The amount de-f s f. ~ n . n. c .e.4 -r c. v . s 19 ducted for any period may not exceed one-fourth of the pay ~: W,8.! p;.[.t .>j..- w jj. ;,g 20 from which the deduction is made, unless the deduction of a .Y ,u m 2 ' M.5 21 greater amount is necessary to make the collection within the ~/M~ .,is t, g 3.cy;; 22 period of anticipated employment. If the individual retires or M% .$ L:.; Q M *; ~.C,$ 23 resigns, or if his employment otherwise ends, before collee-f :.. vs
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18 1 tion shall be made from later payments of any nature due to 2 the individual from the United States Treasury. 3 SEC.125. Of the $70,122,000 available at an annual 4 rate under this joint resolution for the exchange programs of 5 the United States Information Agency, $60,415,000 shall be G available for the Fulbright and International Visitor Pro-7 grams, $2,020,000 shall b( available for the llumphrey Fel-8 lowship Program and $7,087,000 shall be available for the 9 Private Sector Programs. 10 SEC.126. None of the funds provided in thiF,loint Res-11 olution shall be obligated for any aspect of the processing or 12 issuance of permits or leases pertaining to exploration for or 13 development of coal, oil, gas, or geothermal resources on 14 Federal lands within any component of the National Wilder-15 ness Preservation System or within any Forest Service 16 RARE II areas recommended for wilderness designation or 17 llocated to further planning in Executive Communication 18 1504, Ninety-Sixth Congress (llouse Document numbered 19 !)6-119); or within any lands designated by Congress as wil-20 derness study areas. 21 SEC.127. No reduction in the amount payable to any 22 State under title IV of the Social Security Act with respect to any of the fiscal years 11)77 through 1982 shall be made 23 IU 599 Ril
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