18792 CONGRESSIONAL RECORD-HOUSE June 23, 1978 talk to me about this legislation. It is ments and urge him to consider that bassador Extraordinary and Plenipotentiary because of the urgency which he has so perhaps history would be better served of the United States of America to Ethiopia. if we just recessed? William H. Gleysteen, Jr., of Pennsylvania, well expressed that I am going to do a Foreign Service officer of class 1, to be everything I possibly can to see that the Mr. ROBERT C. BYRD. I wish we all Ambassador Extraordinary and Plenipotenti­ Senate considers this measure and dis­ kept in mind at all times in the Senate ary of the United States of America to the poses of it before it goes out for the how history could be best served. Republic of Korea. ho1iday. Morton I. Abramowitz, of Massachusetts, a Mr. MOYNIHAN. I thank the Senator. Foreign Service officer of class 1, to be Am­ RECESS UNTIL 9 A.M., MONDAY, bassador Extraordinary and Plenipotentiary Mr. ROBERT C. BYRD. I thank the JUNE 26, 1978 of the United States of America to Thailand. Senator. Mr. ROBERT C. BYRD. In response OVERSEAS PRIVATE INVESTMENT CORPORATION ORDER THAT NO ROLLCALL VOTES OCCUR PRIOR TO and in acquiescence to the suggestion of The following-named persons to be mem­ 4 P.M. MONDAY, JUNE 26, 1978 the distinguished Senator from Alaska, bers of the Board of Directors of the Overseas After having conferred with the dis­ whose heart is as stout as the Irish oak Private Investment Corporation for terms tinguished acting minority leader, Mr. and as pure as the Lakes of Killarney, I expiring December 17, 1979: President, I ask unanimous consent that move, in accordance with the order pre­ James M. Friendman, of Ohio. Richard R. Swann, of Florida. no rollcall votes occur on Monday prior viously entered, and in accordance with Edward L. Marcus, of Conn~ticut, to be to the hour of 4 o'clock p.m. Senate Resolution 490, as a further mark a member of the Board of Directors of the The PRESIDING OFFICER. Without of respect to the memory of the deceased Overseas Private Investment Corporation for objection, it is so ordered. Honorable Clifford R. Allen, late a Rep­ a term expiring December 17, 1980. Mr. ROBERT C. BYRD. Mr. President, resentative from the State of Tennessee, DEPARTMENT OF JUSTICE I thank the distinguished Presiding Offi­ that the Senate stand in recess until the Philip B. Heymann, of Massachusetts, to cer

HOUSE OF REPRESENTATIVES-Friday, June 23, 1978

The House met at 10 o'clock a.m. Without objection, the Journal stands [Roll No. 487] The Chaplain, Rev. Edward G. Latch, approved. Abdnor Davis Jeffords D.D., offered the following prayer: There was no objection. Addabbo Dellums Jenrette Ambro Dent Jordan Depart from evil and do good; seek Andrews, N.C. Diggs Kasten peace and pursue it.-Psalms 34:14. Archer Dingell Ketchum MESSAGE FROM THE SENATE Armstrong Early Krueger Eternal God, who art the Father of Ashbrook Eckhardt Le Fante us all, come Thou anew into our hearts A message from the Senate, by Mr. Ashley Edwards, Calif. Lent with Thy gentle love and Thy gracious Sparrow, one of its clerks, announced AuCoin Edwards, Okla. Lloyd, Calif. forgiveness and lead us as we seek to that the Senate insists upon its amend­ Bafalis Evans, Golo. Long, La. Baldus Fish Luken work together for the best interests of ments to the bill

Statements or insertions which are not spoken by the Member on the floor will be identified by the use of a "bullet" symbol, i.e., • June 23, 1978 CONGRESSIONAL RECORD-HOUSE 18793 Pepper Sarasin Tucker Union. This is the case of another in­ consideration of the bill H.R. 11493, with Perkins Sawyer tmman · Pickle Scheuer Vander Jagt dividual-not famous-not a writer, nor Mr. GONZALEZ in the chair. Pike Seiberling Walker a scientist known worldwide, but just a The Clerk read the title of the bill. Pressler Shipley Walsh woman, a wife who wants to rejoin her The CHAIRMAN. When the Commit­ Pritchard Simon Weiss husband. Through . the final act signed Quie Skubitz Whalen tee of the Whole rose on Wednesday, Rangel Solarz Whitten at Helsinki we have not only the right June 21, 1978, all time for general debate Reuss Spellman Wiggins but the duty to ask, "Why not?" had expired. The bill had been consid­ Richmond StGermain Wilson, c. H. Rodino Stangeland Wilson, Tex. ered as having been read and open to Rogers Stark Winn amendment at any point, and pending Roncalio Stokes Wolff SECRETARY VANCE GIVES DE FAC­ was an amendment offered by the gentle­ Rostenkowski Symms Wright TO LEGITIMACY TO CUBAN man from Wisconsin SOVIET UNION ice study, and for other purposes. Breaux Dodd Grassley Drinan Gudger Illinois. Mr. Dell urns Moakley Waxman Since neither House of Congress acted, Dent Mottl Weiss the discontinuance procedures went into Chairman, will the gentleman yield for Early Murphy, Til. Whalen effect over 2 years ago. Not one train has 2. question? Eckhardt Murphy, N.Y. Whitten Mr. MADIGAN. I yield to the gentle­ Fithian Nichols Wiggins been discontinued under those proce­ Flowers Nix Wilson, C. H. dures. man from Illinois. Fowler Ottinger Wilson, Tex. The GAO study on Amtrak points out, Mr. ANDERSON of Illinois. Mr. Chair­ Fraser Panetta Winn "The route criteria and procedure.<> have man, I thank the gentleman from Illi­ Frenzel Pepper Wolff nois for yielding. My suggestion is this. Frey Perkins Wright not been effectively implemented because Gammage Pickle Wydler of the time-consuming processes in­ Could the gentleman at this time indi­ Garcia Pike Young, Alaska volved and the political and Public oppo­ cate to us what routes would possibly be Giaimo Pritchard Zeferetti a.ffected if this amendment were Gibbons Quie sition to any hint that a particular route might be discontinued. The ineffective­ adopted? The Clerk announced the following ness of these procedures, combined with Mr. MADIGAN. There are 3 of the 35 pairs: the continued oneration of cert..ain hig-hly routes that would be affected; they rep­ On this vote: unprofitable routes, has contributed to resent about one-third of the operating Mr. Frenzel for, with Mr. Cunningham the mounting concern over Amtrak's loss for all35 trains. against. operating cost." The trains that will be affected are Mr. McClory for, with Mr. Addabbo against. Mr. Chairman, it is impossible for Am­ New York to Florida; and two trains Mr. Walker for, with Mr. Moakley against. trak to behave as a well-run bu<>iness originating in the State of the gentleman Mr. Rousselot for, with Mr. Gammage because, under the present circum­ from Illinois and myself, originating in against. stances. it cannot take a train off for fear Chicago and traveling to Florida and the Mr. Wolff for, with Mr. Marriott against. of the political repercussions such an ac­ other one to California. Mr. LATI'A and Mr. JONES of Ten­ tion might have. We must beg-in to take Mr. ANDERSON of Illinois. Mr. Chair­ nessee changed their vote from "aye" to some of the politics out of Amtrak. man, I thank the gentleman. "no." My amendment is a step in that di­ Mr. YOUNG of Florida. Mr. Chair­ So the amendment was rejected. rection. The amendment provides an ob­ man, will the gentleman yield? The result of the vote was announced jective standard for determining the dis­ Mr. MADIGAN. I yield to the gentle­ as above recorded. continuance of a train. That objective man from Florida. June 23, 1978 CONGRESSIONAL RECORD-HOUSE 18795 Mr. YOUNG of Florida. Mr. Chairman, MADIGAN) has not. actually made there­ back here or cut back there, the political I thank the gentleman for yielding. quest. The Chair was inquiring of the realities of life came to the forefront and Mr. Chairman, I think the gentleman gentleman if he is at this point desirous it does not happen. is on the right approach here; but I hope of making such a unanimous-consent I think it is ridiculous to continue Am­ the gentleman will be receptive to an request. trak in its present posture. My own view amendment to get a message from Con­ Mr. MADIGAN. Mr. Chairman, I think is that the gentleman's amendment does gress to Amtrak that we intend for them that the gentleman from Kansas

from Iowa Germany and Japan. This importa­ of Amtrak. Does that sound like a good tion has a disastrous effect on American bargain to the gentleman? The Clerk read as follows: steel producers. It has been disastrous to Mr. BURKE of Massachusetts. The Amendment offered by Mr. NEAL: Page 26, gentleman has asked a question. I will line 6, after the public interest strike out the Johnstown where 5,500 workers lost their semicolon and insert "as determined by the jobs. It was also disastrous to Youngs­ answer it. Special Trade Representative". town, Ohio. We are trying to correct this Mr. NEAL. I will get back to the gentle­ problem and I urge defeat of this amend­ man in a moment. Mr. NEAL. Mr. Chairman, I think that ment. Here is what happened when we had by refusing to adopt the Steiger amend­ Mr. NEAL. I understand what the gen­ this experience before. For a short time ment, which would have stricken this tleman is trying to correct. What I am we protected a few jobs and a few profits Buy America ·section, we have begun trying to suggest is that his is a very and a little agriculture. But let me re­ traveling down a very dangerous road short-term approach. Let me point out peat, the result was that 3 years after for this country. I would like to point that by 1933 U.S. industrial exports had this act was passed our industrial exports out to the Members that the Buy decreased by 73 percent, and agricul­ decreased by 73 percent and agricultural America section serves a very tiny pur­ tural exports were down by 67 percent. production was down 67 ·percent. Those pose. I have been told that Amtrak only All this wa.s in resportse to this Smoot­ are the long-term consequences of this bought 1.4 percent of its total purchases Hawley Tariff Act, and that is precisely sort of protectionist activity. from abroad last year. I would be happy the kind of thing we have got built into Mr. DOWNEY. Mr. Chairman, will the to have the subcommittee chairman cor­ this bill now. All my amendment does­ gentleman yield? rect me if I am wrong. The point I am and I do not think it is a perfect an­ Mr. NEAL. I yield to the gentleman trying to make is this: At this time our swer-is to say we should bring in our from New York. special trade representative is negotiat­ special trade representative and get his Mr. DOWNEY. Mr. Chairman, first of ing with other countries, urging them approval before we do something that all I commend the gentleman from to end exactly this sort of protectionist I am sure he will tell us would be very North Carolina for his statement and his activity so we can continue on this road damaging to our country. amendment. that we have traveled for some 40 years Mr. BURKE of Massachusetts. Mr. I rise with some hesitancy because I toward freer, more open trade among Chairman, will the gentleman yield? know the Japanese bus lobby is waiting countries; toward less protectionism. Mr. NEAL. I yield to the gentleman for me outside. I think this section in the bill tor­ Mr. NEAL. We will protect the gentle­ pedoes his efforts, and that my modi­ from Massachusetts. Mr. BURKE of Massachusetts. I won­ man. fication to the bill would help a little­ Mr. DOWNEY. The problem is, as I not mt,1ch, but some. der if the gentleman realizes we might face a $45 billion trade deficit this year? heard the gentleman articulate, a long­ Mr. Chairman, during debate on the Mr. NEAL. I am very much aware of term problem. We have a similar prob­ Steiger amendment the other night sev­ that, and the main reason for that is we lem in dealing with the NATO Alliance. eral Members said that the Smoot-Haw­ are importing too much oil and not ex­ We would like to build all the defensive ley Tariff Act had nothing to do with porting enough of other things, and we materiel in this country and provide jobs the Depression, or with prolonging the are not going to reverse that situation here. But the reality is that we have an ~epression. Mr. Chairman, that is simply by instigating these kinds of protection­ alliance and we have trading partners, maccurate. The Smoot-Hawley Tariff ist measures. We will deepen the problem. and unless there is some give and take Act, it is true, was not passed until 1930, on our part we will be in an ever-worsen­ after the stock market crash of 1929 but Mr. BURKE of Massachusetts. We have been listening to these free trade argu­ ing economic situation, and as far as the it was anticipated that it would pa~s at NATO Alliance we will be in even a more that time, and that was one of the major ments for quite a while. I was for free trade in 1962. I used to be for free trade. dangerous situation with respect to the reasons for the stock market crash of NATO Alliance. 1929, and without question the Smoot­ Then I saw 115 shoe factories close in the Northeast section of this country. Mr. NEAL. The gentleman from New Hawley Tariff Act prolonged and deep­ York is absolutely correct. ened the Great Depression. We are Then I saw steelworkers get laid off. Then headed down that road again with this I saw auto workers suffering the same Mr. RISENHOOVER. Mr. Chairman, kind of protectionist language. thing. will the gentleman yield? The CHAIRMAN. The time of the Mr. NEAL. I yield to the gentleman I do not see the gentleman who was from Oklahoma. speaking the other night concerning the gentleman from North Carolina

I urge an overwhelming defeat of this Burton, Phillip Hightower Moss Butler Jordan Rousselot amendment. Carr Hoi tzman Neal Caputo Kasten Rudd Cederberg Hyde Nedzi Cleveland Ketchum Runnels Mr. BURKE of Massachusetts. Mr. Clawson, Del Jacobs O'Brien Cohen Krueger Ruppe Chairman, I move to strike the requisite Cochran Jones, Okla. Obey Conyers Le Fante Ryan number of words. Collins, Tex. Kastenmeier Pattison Corman. Lent Santini Conable Kazen Pettis Cornwell Long, La. Sarasin Mr. Chairman, I rise in opposition to Corcoran Kemp Pursell Cotter Luken Sawyer the amendment offered by the gentle­ Cornell Keys Quayle Crane McClory Shipley man from North Carolina f this section and submit a copy of Mr. Corman with Mr. Stockman. as follows: such recommendations to the Rail Services Mrs. Boggs with Mr. Armstrong. SHORT TITL'l': Planning Office and to both Houses of the Mr.' Luken with Mr. Treen. SECTION 1. This Act may be cited as the Congress. The Secretary shall at that time Mr. Gammage with Mr. Harsha. "Amtrak Improvement Act of 1978". also provide copies of the preliminary recom­ Mr. Rangel with Mr. Whal.en. AUTHORIZATION OF APPROPRIATIONS mendations to the Ct>rporation, the Office of Mr. Richmond with Mr. Frey. Rail Public Counsel, the Interstate Com­ Mr. Cotter with Mr. Bafalis. SEc. 2. (a) Section 601 (a) (1) of the Rail merce Commission, the Secretary of Energy, Mr. D'Amours with Mr. Wydler. Passenger Service Act (45 U.S.C. 601(a) (1)) the Governors, Departments of Transporta­ Mr. Krueger with Mr. Cohen. is amended- tion, and Public Utilities Commissions of Mr. Harrington with Mr. Hammerschmidt. (1) in clause (1) thereof (A) by striking each State in which rail passenger service is Mr. Ireland with Mr. Brown of Ohio. out "except for" and all that follows through propt>sed to be modified, the railroads af­ Mr. Jenrette with Mr. Walsh. "sentence" and inserting in lieu thereof "in­ fected by such recommendations, the labor Mr. Moakley with Mr. Crane. cluding the payment of the additional oper­ organizations authorized under the Railway Mr. Murphy of Tilinois with Mr. Winn. ating expenses of the Corporation which re­ Labor Act to represent railroad employees, · Mr. Shipley with Mr. Sarasin. sult from the operation and maintenance of and the United States Postal Service. In addi­ Mr. Santini with Mr. Ruppe. the Northeast corridor pursuant to title VII tion, copies of the preliminary recommenda- 18804 CONGRESSIONAL RECORD-. HOUSE June 23, 1978 tions shall be made available by the Secre­ tions, the Secretary shall prepare revised HEARINGS ON UNFAIR OR PREDATORY PRACTICES tary to interested persons at a reasonable final recommendations. All such revised final SEc. 7. Notwithstanding the provisions of cost. Such recommendations shall include- recommendations shall be submitted to both section 306 of the Rail Passenger Service ( 1) a recommended route system by end Houses of the Congress and the Committees Act, the Interstate Commerce Commission points and principal intermediate points to referred to in this paragraph for approval in shall have, upon the application of a.ny ag­ be served; accordance with this subsection. grieved motor carrier, jurisdiction under any (2) quality and type of service recom­ (2) Pending approval of the final recom­ applicable provision of part 1 of the Inter­ mended for each route, including frequency, mends. tions developed by the Secretary under state Commerce Act over any rate, fare, speed, and classes of services offered; this section and notwithstanding any other charge, or marketing practice of the Na­ (3) ranges of projected operating expenses, provision of law, the route system of the tional Railroad Passenger Corporation with ridership, and revenues, by route, including a Corporation in effect on January 1, 1978, shall respect to any route or service which measure calculated by loss or profit per pas­ not be modified or restructured prior to Oc­ o;>erates at a loss for the purpose of hearing senger mile and separated for non-State sup­ tober 1, 1979, except with respect to those the complamt over an unfair or predatory ported routes and State supported routes; routes initiated by the Corporation subse­ practice. (4) an estimate of the equipment and quent to January 1, 1978, pursuant to sec­ NORTHEAST CORRIDOR facilities necessary to support the recom­ tion 404 (a) of the Rail Passenger Service SEc. 8. Section 703 of the Railroad Re­ mended system; Act (45 U.S.C. 564(a)). Nothing in this para­ vitalization and Regulatory Reform Act of (5) a recommendation for coordinating graph shall be construed by the Corporation 1976 (45 U.S.C. 853) is amended- passenger rail service at points on the sys­ as precluding the rerouting of existing rail (1) in paragraph (1) (A) (i) thereof, by tem with other modes of transportation serv­ passenger service, or construed as requiring inserting "at most" immediately before "a ing such points; and the Corporation to maintain service provided 3-hour-and-40-minute" and "a 2-hour-and- (6) based uptm the route level projections, under an agreement with a State pursuant 40-minute", respectively; an estimate of operating and capital appro­ to section 403(b) of the Rail Passenger Serv­ (2) in paragraph (1) (B) thereof, by in­ priations required to operate the system for ice Act if such State fails to meet its share serting "or other responsible parties" imme­ fiscal years 1980 through 1984. of the costs of such service or requests dis­ diately after " (or local or regional trans­ (c) During the period beginning May 1, continuance of such service. portation authorities)": and 1978, and ending August 31, 1978, the Rall (3) Immediately upon approval of the (3) by adding at the end thereof the fol­ Services Planning Office shall conduct public final recommendations of the Secretary, the lowing new paragraph: hearings on the preliminary recommenda­ Corporatio.n shall implement the basic route " ( 5) COMPATIBLE EQUIPMENT.-The Secre­ tions developed by the Secretary under this system designated in such recommendations tary shall develop economical and reliable section. Such public hearings shall be held in and shall complete such implementation as rolling stock and related equipment designed such places and at such times as the Office soon thereafter as possible. to be compatible with the track, operating, determines will afford the affected States and (f) The provisions of section 404(c) (1) of and marketing characteristics of the North­ communities the greatest opportunity to par­ the Rail Passenger Service Act (45 U.S.C. east Corridor at and after the completion of ticipate. During such period, in addition to 564(c) (1)), including the criteria and pro­ the Northeast Corridor improvement project, holding public hearings, the Office shall in­ cedures developed under such section, shall including the capability to reliably meet the vite comment on such recommendations not apply to the preliminary or final rec­ trip times set forth in paragraph (1) (E) of from the Corporation, the Inte::state Com­ omme.ndations developed by the Secretary this section in regularly scheduled revenue merce Commission, the Secretary of Energy, under this section. After the effective date service in the Northeast Corridor. The Secre­ the Governors, Departments of Transporta­ of the basic system designated in the final tary shall consult with the Corporation in tion, and Public Utilities of each State in recommendations of the Secretary, any ad­ the development of such equipment. The which rail passenger service is proposed to be ditions, deletions, or modifications in such Corporation shall submit requests for au­ modified, the railroads affected by such rec­ basic system may be made by the Corpora­ thorization of appropriations for the pro­ ommendations, the labor organizations au­ tion in accordance with the criteria and duction of such equipment and shall, to­ thorized under the Railway Labor Act to rep­ procedures developed under such section gether with 'the Secretary, include equip­ resent railroad employees, interested citizens 404(c) (1). The basic system designated in ment planning in the reports required by groups, and the United States Postal Service. the fi.nal recommendations of the Secretary paragraph (1) (E) of this section.". shall supersede any other system or route (d) The Rail Service Planning Office shall, EXPENSES OF ELECTRIFICATION CONVERSION no later than September 30, 1978, submit previously in effect. (g) The ' Rail Services Planning Office SEc. 9. Section 704 (a) ( 1) of the Railroad to the Secretary a summary and analysis of Revitalization and Regulatory Reform Act of the evidence received in the course of its shall, in the course of the hearings con­ ducted under subsection (c) of this section, 1976 (45 u.s.c. 854(a) (1)) is amended by proceedings conducted under subsection (c) inserting immediately before the semicolon of this section, together with its critique conduct an evaluation of alternatives to the existing organizational structure of the Cor­ at the end theerof 'the following: ", of which and evaluation of the preliminary recommen­ not less than $27,000,000 shall be available dations of the Secretary. The Secretary shall poration and of the relationship of the Corporation to the Federal Government, in­ to finance the cost of the equipment modifi­ thoroughly consider the material submitted cation and replacement which States (or by the Office with respect to such recom­ cluding its relationship to the Office of Management and Budget, the Secretary of local or regional transportation authorities) mendations and, based on such consideration will be required to bear as a result of the (and further evaluations of the Secretary), Transportation, and the Congress. RAIL PASSENGER SERVICE REPORT electrification conversion system of the develop final recommendations for a route Northeast Corridor pursuant to this title.' '. structure for the Corporation as he deems Sec. 5. Section 703(2) of the Railroad appropriate. In developing such final recom­ PURCHASES OF DOMESTIC ARTICLES, MATERIALS, Revitalization and Regulatory Reform Act AND SUPPLIES mendations, the Secretary shall also consider of 1978 (45 U.S.C. 853(2)) is amended- the impact of such recommendations upon ( 1) by inserting "(A)" immediately after SEc. 10. Section 305 of the Rail Passenger existing tourism markets and the potential "Transportation.-"; and Service Act (45 U.S.C. 545) is amended by for future tourism in areas to be served by (2) by adding at the end thereof the adding at the end thereof the following new the recommended route system. Such final following new subparagraph: subsection: recommendations shall include a summary " (B) The submission by the Secretary of " ( j) ( 1) Except as provided in paragraph of the significant recommendations received, the Congress of the following report on the (2) or (3) of this subsection, the Corpora­ together with the reasons for adopting or conflict between the needs of commuter rail tion, in carrying out its activities under this not adopting any such recommendation. passenger service in the Northeast Corridor: Act, shall purchase only- (e) (1) The Secretary shall, no later than "(i) Within one year after the date of en­ "(A) unmanufactured articles, materials, December 31. 1978, submit the final recom­ actment of this subparagraph, a report on and supplies which have been mined or pro­ mendations designating the basic route sys­ the allocation of access rights to the key duced in the United States; and tem, together with supporting and explana­ Northeast Corridor terminals, especially "(B) manufactured articles, materials, and tory material, to both Houses of the Congress Pennsylvania Station in New York, New supplies which have been manufactured in and to the Committee on Appropriations and York.". the United States substantially from arti­ the Committee on Interstate and Foreign cles, materials, and supplies mined, produced, Commerce of the House of Representatives STUDY OF RELATIONSHIP OF AMTRAK FARE or manufactured, as the case may be, in the and the Committee on Appropriations and STRUCTURE TO THE INTERCITY BUS INDUSTRY United States. the Committee on Commerce, Science, and SEc. 6. The Comptroller General shall, in "(2) The Secretary may, upon application Transportation of the Senate. The final rec­ consultation with the Secretary of Transpor- of the Corporation, exempt the Corporation ommendations shall be deemed approved and tation and the Interstate Commerce Com­ from the requirements of paragraph (1) of shall take effect only upon the adoption by mission, conduct a study of the economic this subsection with respect to the purchase both the House of Representatives and the relationship of the fare structure of the Na­ of particular articles, materials, or supplies, Senate of a resolution approving such final tional Railroad Passenger Corporation to the if the Secretary determines that- recommendations. If, following submission intercity bus industry. The Comptroller "(A) imposing such requirements with re­ of the final recommendations by the Secre­ General shall, no later than December 31, spect to such articles, materials, or supplies tary, either House of the Congress passes a 1978, submit a report to the Congress set­ is inconsistent with the public interest; resolution disapproving such recommenda- ting forth the results of such study. "(B) the cost of imposing such require- June 23, 1978 CONGRESSIONAL RECORD-HOUSE 18805 ments with respect to such articles, ma­ REIMBURSEMENT FOR STAFF SERVICES AUTHORIZING CLERK TO MAKE terials, or supplies in unreasonable; or SEc. 15. Section 403 (b) ( 1) of the Rail Pas­ "(C) such articles, materials, or supplies CORRECTIONS IN ENGROSSMENT senger Service Act (45 U.S.C. 563(b) (1)) is OF HOUSE AMENDMENT TO S. 3040 or the articles, materials, or supplies from amended by adding at the end thereof the which they are manufactured are not mined, following new sentence: "The State or agency Mr. GORE. Mr. Speaker, I ask unani- produced, or manufactured, as the case may shall be entitled to reimbursement for staff be, in the United States in sufficient and mous consent that the Clerk may be services in an amount equal to 3 per centum authorized to correct section numbers, reasonably available commercial quantities of the Corporation's share of operating losses and of a satisfactory quality. and associated capital costs.". punctuation marks, and cross-references "(3) The provisions of this subsection to reflect the actions of the House in the shall not apply- PETITIONS TO THE INTERSTATE COMMERCE engrossment of the amendment of the " (A) in any case in which the cost of the COMMISSION House to the Senate bill Broomfield Harris Price Dent Metcalfe Tucker without intervening motion except one Brown, Mich. Hefner Pursell Diggs Michel Ullman motion to recommit. Broyhill Heftel Quayle Early Milford Van Deerlin Buchanan Hightower Quillen Eckhardt Miller, Calif. Vander Jagt The SPEAKER pro tempore JIMMY CARTER. tutional proposal stresses susbtantial vance of actual negotiations, which they THE WHITE HOUSE, June 23,1978. self-government for each of the two have called upon Secretary General zones and the concept of equality of rep­ Waldheim to schedule without further resentation for the two communities in GOVERNMENT GUARANTEES delay. EVERYTHING the future central government of Cy­ On May 2 Secretary General Waldheim prus. Yet it is substantially more devel­ issued a statement noting that a signift­ (Mr. COLLINS of Texas asked and was oped and detailed than the brief and can t gap continued to exist between the given permission to address the House sketchy paper tabled by the Turkish two Cypriot parties and announcing his for 1 minute and to revise and extend Cypriot representative at the last round intention to hold further consultations in his remarks and include extraneous of talks in Vienna in April1977. Our un­ order to clarify their positions regarding matter.) derstanding, moreover, is that the Turk­ a resumption of the negotiating process. Mr. COLLINS of Texas. Mr. Speaker, ish Cypriots have in fact prepared an The Secretary General has recently met as I watch Congress every day in action, entire draft constitution for considera­ with President Kyprianou and Turkish 1 wonder when we are going to realize tion once negotiations commence. As far Cypriot leader Denktash, as well as with that we cannot guarantee everything for as the territorial issue is concerned, the Prime Ministers Ecevit and Caramanlis. everybody. Turkish Cypriots have designated six We understand that Special United Na­ In 1976 Congress passed by a vote of general areas in the vicinity of the pres­ tions Representative on Cyprus Galindo 250 to 83 the swine flu legislation. This ent demarcation line whose transfer to Pohl will be undertaking further consul­ provided that swine flu vaccination Greek administration they would be pre­ tations in the area. would be available for everyone. The pared to negotiate, and they have not pharmaceutical houses said there were ruled out discussing other areas that On May 22 Turkish Cypriot leader Denktash issued a statement which clari­ inherent dangers as some people may be the Greek Cypriots may wish to raise. allergic, so the Government guaranteed The Turkish Cypriots refrained from fied and to a certain extent reformulated the Turkish Cypriot position on resump­ everybody against any danger and took specifying the percentage of territory all of the liability. that they would be prepared to transfer tion of the intercommunal talks. This was to the Greek Cypriot side on the grounds in many respects a positive and encour­ As it turns out, the cry was wolf, wolf that this would deprive them of the ne­ aging statement. First, Mr. Denktash re­ as there was no swine flu epidemic. gotiating flexibility they were seeking to affirmed Turkish Cypriot readiness to At that time I said in the Health Com­ preserve. While· this territorial proposal enter into "sustained. intensive good­ mittee that this bill was a preposterous is not as concrete as some would have faith negotiations" with the Greek Cyp­ way to legislate. If people want to take hoped, it does represent an advance in riots, and he noted that he had made a the swine shot they ;hould have the that for the first time the Turkish Cyp­ commitment to Secretary General Wald­ option. But the Government had no riots have clearly agreed to sit at the ta­ heim to enter into these negotiations business insisting on them taking the ble and discuss territorial concessions. "with an open mind and in a spirit of shot and assuming full responsibility. I In a separate proposal on Varosha (New conciliation and flexibility." did not tllke a shot because I saw no Famagusta), the Turkish Cypriots in­ Second, with respect to the territorial signs of an epidemic and do not believe dicated that they would be prepared to issue, Mr. Denktash declared that he in medicine if you do not need it. Now permit Greek Cypriot inhabitants to re­ was prepared to consider "significant from Secretary of HEW Joseph A. Cali­ turn to their homes and properties in geographical readjustments" which fano we hear that HEW has $365 million the city, which is now almost totally un­ would enable "a considerable number in Guillain-Barre disease damage cases inhabited but behind the Turkish line. of Greek Cypriots to resettle." Third, Mr. pending from 439 men, women, and chil­ The Government of Cyprus has justi­ Denktash spoke of important conces­ dren. Furthermore, we hear that there fied its rejection of the Turkish Cypriot sions on Varosha, including the return are $411 million more in claims by 1,044 proposals on the grounds that they pro­ of some 3.5,000 Greek Cypriot inhabit­ people who say they were injured by the vide not for the creation of a federation, ants in the course of negotiations. And flu shots in ways other than Guillain­ as called for in the Makarios-Denktash fourth. Mr. Denktash stated that the Barre disease. understanding of February 1977, but Turkish Cypriots were eager to discuss Vaccine experts tell us the Guillain­ rather for partition of the island into with the Greek Cypriots other steps for Barre disease is a kind of paralysis which two separate states. Clearly there is a healing the wounds of the past, such as many incur during any mass inoculation. broad conceptual gap between the two the reopening of Nicosia airport and Now the Government takes the position CXXIV--1184-Part 14 18818 CONGRESSIONAL RECORD-HOUSE June 23, 1978

that claimants need not prove ~egli­ and others to focus on the issues invo~ved The article follows: gence, which is an admission of gmlt by and the differences between the vanous [!<'rom the Christian Science Monitor, the Government. . bills. May 16, 1978] Congress authorized an expend1tur~ of The first section of the bill I am int~o­ WATCH TOPSY GROW $135 million for available shots for ~~­ ducing provides for the implementatiOn (By John Dillin) terested Americans. As a result, 40 mil­ of the International Sugar Agreement BALTIMORE-Maryland officials are irritated lion people took the swine shot. that does not contain a "cap." wide. Mr. VANIK. Mr. Speaker, today, I The administration bill contains a Louis B. Hays, deputy director of the fed-· have at the request of the administra­ number of labor provisions which seek to eral Office of Child Support, an enforcement tion introduced legislation entitled the protect the rights of those who work in bureau in Washington, disputes the Maryland "Sugar Act of 1978." The introduction the sugarfields. figures. He suggests Maryland's expenses were of this bill will place before the various The members of the subcommittee, higher than reported before federal inter­ committees of the House for purposes myself, and public witnesses will un­ vention, because local governments were of analysis and debate the Government's picking up some expenses that were not in­ doubtedly have numerous questions cluded. proposals for the implementation of the about the administration's proposal and International Sugar Agreement and the "We feel the program in Maryland isn't less the other sugar bills before the House. cost-effective today," he told the Monitor. import adjustments proposed as neces­ The introduction of this legislation will sary for a domestic sugar program. And nationwide, collections are up sharply enable us to debate the provisions of the under the new federal law, he points out. The Trade Subcommittee of the' Com­ proposal on a section-by-section and mittee on Ways and Means has an­ line-by-line basis. This may be true, Maryland officials say, nounced a 1-day public hearing on this but they stress that benefit ratios could be higher and the programs more effective if the legislation and on the various other states were left alone. sugar proposals which have been intro­ WATCH TOPSY GROW Roger P. Winter, assistant secretary for ad­ duced. The hearing is scheduled for The SPEAKER pro tempore. Under a ministration in Maryland's Department of June 28, at 10 a.m. in the main Ways and previous order of the House, the gentle­ Human Resources, puts it this way: Means Committee hearing room. man from Arkansas ital Mr. BALDUS, Mr. VENTO, Mr. FRENZEL, Mr. FREY, Mr. BROWN of Ohio, Mr. Week"; to the Committee on Post Office and Mr. WEISS, and Mr. AMMERMAN) : NIX, Mr. MURTHA, Mr. MINETA, Mr. Civil Service. H.R. 13275. A bill to provide that future CLAY, Mr. EDWARDS Of Oklahoma, By Mr. DODD (for himself, Mr. HoR­ Federal employees will be covered by social Mr. RoNCALIO, Mr. NOLAN, Mr. CoL­ TON, Ms. KEYS, Mr. KREBS, Mr. LA­ security and may elect not to be covered by LINS of Texas, Mr. McFALL, and Mr. FALCE, Mr. LAGOMARSINO, Mr. LED­ ERER, Mrs. LLoYD of Tennessee, Ms. the applicable Federal employees retirement RAILSBACK) : MIKULSKI, Mr. McDADE, Mr. MOAK­ system, that current Federal employees may H.J. Res. 1026. Joint resolution to desig­ LEY, Mr. NICHOLS, Mr. PATTERSON of elect to be covered by social security and if nate Sunday, June 25, 1978, as "National California, Mr. PERKINS, Mr. PRICE, they so elect may elect to discontinue being Brotherhood Day"; to the Committee on Mr. QUIE, Mr. RAHALL, Mr. RANGEL, covered by a retirement system for Federal Post Office and Civil Service. employees and have retirement credits under Mr. RoDINO, Mr. RoE, and Mr. By Mr. CONTE (for himself, Mr. EvANS STANGELAND) :· any such system transferred to social secu­ of Delaware, Mr. DERWINSKI, Mr. H.J. Res. 1033. Joint resolution authoriz­ rity; to the Committee on Ways and Means. DEL CLAWSON, Mr. BUCHANAN, Mr. ing the President to proclaim the third YOUNG of Florida, Mr. BINGHAM, Mr. By Mr. HYDE (for himself and Mr. week in June 1979 as "National Veterans' WALSH, Mr. HAMMERSCHMIDT, Mr. FINDLEY): Hospital Week"; to the Committee on Post H.R. 13276. A b111 to amend title 18, United QUIE, Mr. ASHLEY, Mr. FAUNTROY, Office and Civil Service. States Code, relating to the production of Mr. AuCOIN, Mr. COUGHLIN, Mr. MOTTL, Mr. FASCELL, Mr. MOORHEAD By Mr. DODD (for himself, Mr. SoLARZ, false documents or papers of the United Mr. VAN DEERLIN, Mr. WALKER, Mr. of Pennsylvania, Mr. DENT, Mr. States, and the use of false information WATKINS, Mr. WAXMAN, Mr. WEAVER, in obtaining official documents and paper of ZEFERETTI, Mrs. BURKE of California, Mr. WINN, and Mr. WON PAT) : the United States, involving an element of Mr. STOKES, Mr. CHARLES H. 'WILSON H.J. Res. 1034. Joint resolution authorizing identification; to the Committee on the of California, Mr. CHARLES WILSON the President to proclaim the third week in Judiciary. of Texas, Mr. MARKEY, and Mr. June 1979 as "National Veterans' Hospital By Mr. McCLOSKEY: BROWN of Michigan) : Week"; to the Committee on Post Office and H.J. Res. 1027. Joint resolution to desig­ Civil Service. H.R. 13277. A b111 to provide assistance to nate Sunday, June 25, 1978, as "National States for the preservation of natural game Brotherhood Day"; to the Committee on fish streams; to the Committee on Merchant Post Office and Civil Service. Marine and Fisheries. By Mr. CONTE (for himself, Mr. MEMORIALS By Mr. PATTEN: MATTOX, Mr. SHARP, Mrs. PETTIS, Under clause 4 of rule XXII, memo­ H.R. 13278. A b111 to promote public health Mr. DE LA GARZA, Ms. MIKULSKI, Mr. rials were presented and referrec4 as and welfare by preventing unwanted con­ HILLIS, Mr. ROBINSON, Mr. DoN H. follows: ceptions and reducing the need for abortions CLAUSEN, Mr. MITCHELL Of New among all women, especially teenagers, York, Mr. KASTENMEIER, Mrs. SMITH 441. The SPEAKER presented a memorial through improved and expanded family plan­ of Iowa, Mr. THOMPSON, Mr. JAcoBs, of the Legislature of the State of Louisiana, ning services and population research activi­ Mr. NEDZI, Mr. RUPPE, Mr. MARKS, relative to allowing a Federal income tax de­ ties by the Federal Government, and for Mr. DAN DANIEL, Mr. GAYDOS, and duction for individuals who maintain senior other purposes; to the Committee on Inter­ Mr. ANDERSON of California) : citizens in their homes without remunera­ state and Foreign Commerce. H.J. Res. 1028. Joint resolution to designate tion; to the Committee on Ways and Means. By Mr. PATTEN (for himself and ~Ir. Sunday, June 25, 1978, as "National Brother­ hood Day"; to the Committee on Post Office RoE): . AMENDMENTS H.R. 13279. A b111 to establish in the Smith­ and Civil Service. sonian Institution the Thomas A. Edison By Mr. CONTE (for himself, Mr. Under clause 6 of rule XXlli, pro­ Centennial Commission, to establish a grant MARRIOTT, Mr. CUNNINGHAM, Mr. posed amendments were submitted as program to assist the collecting, compiling, CoNABLE, Mr. McDADE, Mr. McCLORY, follows: editing, and publishing of The Papers of Mr. BEARD of Tennessee, Mr. STEERS, Mr. LoTT, Mr. JEFFORDS, Mr. DicKs, Thomas A. Edison, and for other purposes; H.R. 15 to the Committee on House Administration. Mr. LoNG of Maryland; Mr. Goon­ LING, Mr. CAVANAUGH, Mr. MOFFETT, By Mr. ASHBROOK: By Mr. RUPPE: Mr. PERKINS, Mr. McKINNEY, Mr. -Page 32, strike line 24 through line 3, page H.R. 13280. A bill to amend the Endangered REUSS, Mr. O'BRIEN, Mr. BIAGGI, Mr. 33, and amend to read as follows: Species Act of 1973 to establish an Endan­ DIGGS, Mr. SHUSTER, Mr. FORD of "(B) the number of low income children gered Species Committee to review certain Michigan, Mr. SEIBERLING, and Mr. counted under section 11 (c) in the school actions to determine whether exemptions UDALL): districts of local educational agencies in from certain requirements of that act should H.J. Res. 1029. Joint resolution to designate such county exceeds the percentage which be granted for such actions; to the Commit­ Sunday, June 25, 1978, as "National Brother­ 5,000 low income students is to the total tee on Merchant Marine and Fisheries. hood Day"; to the Committee on Post Office number of students aged five to seventeen in By Mr. VANIK: and Civil Service. the 50 most populous counties in the coun­ H.R. 13281. A bill to carry out the obliga­ By Mr. CONTE (for himself, Mr. try in the previous fiscal year." tions of the United States under the Inter­ BOLAND, Mr. BROYHILL, Mr. STAGGERS, national Sugar Agreement 1977, to protect Mr. GIAIMO, Mr. ROONEY, Mr. HAR­ H.R. 15 the welfare of consumers of sugar and of RINGTON, Mr. STUDDS, Mr. OBEY, By Mr. GLICKMAN: those engaged in the domestic sugar indus­ Mrs. BOGGS, Mr. HYDE, Mr. DAVIS, ~on page 40, section 33(c) is amended by try, and for other purposes; jointly, to the Mr. OTTINGER, and Mr. YATRON): deleting the period after "year" on line 15 Committees on Agriculture and Ways and H.J. Res. 1030. Joint resolution to designate and adding thereafter the following: "or any Means. Sunday, June 25, 1978, as "National Brother­ school year in which that child is considered By Mr. MAHON: hood Day"; to the Committee on Post Office educationally deprived." and Civil Service. H.J. Res. 1024. Joint resolution making ur­ H.R. 11392 gent supplemental appropriations for the By Mr. CONTE (for himself, Mr. By Mr. STAGGERS: Department of Agriculture, Agricultural BRECKINRIDGE, Mr. ROSENTHAL, Mr. TAYLOR, and Mr. TREEN) : -Strike out all after the enacting clause Stabilization and Conservation Service, and H.J. Res. 1031. Joint resolution to designate and insert in lieu thereof the following: for other purposes for the fiscal year ending Sunday, June 25, 1978, as "National Brother­ That this Act may be cited as the "Depart­ September 30, 1978; to the Committee on hood Day"; to the Committee on Post Office ment of Energy Civilian Programs Authori­ Appropriations. and Civil Service. zation Act for Fiscal Year 1979". 18824 CONGRESSIONAL RECORD- HOUSE June 23, 1978 TITLE I-ENERGY USE, APPLICATION, (A) the Strategic Petroleum Reserve Plan LIMITATION ON USE OF FUNDS FOR MIDDLE DIS• CONSERVATION, AND REGULATION functions- TILLATE OR MOTOR GASOLINE MONITORING STATEMENT OF PURPOSE (!) $i,129,280,000 for petroleum acquisi­ SEc. 105. No amount authorized to be ap­ tion and transportation; and propriated pursuant to this Act may be used SEc. 101. (a) The purpose of this title is (11) $115,490,000 for fill and leach opera­ to maintain the middle distillate monitoring to authorize appropriations to the Depart­ tions, standby operational storage, plaD:ning, system at the independent wholesale and re­ ment of Energy and the Federal Energy Reg­ site design, construction, and acquisition; tail levels established in connection with ulatory Commission for fiscal year 1979, pur­ (B) $1,000,000 for alternative fuels demon­ Energy Actions numbered 3 and 4, or any suant to section 660 of the Department of stration program functions; comparable monitoring system which estab­ Energy Organization Act, to carry out func­ (C) $2,119,000 for program analysis func­ lishes, or has the effect of establishing, mar­ tions under- tions; and gin controls or trigger prices at such levels ( 1) the Federal Energy Administration (D) $10,020,000 for policy and management regarding middle distillates or motor gaso­ Act of 1974, the Energy Policy and Conser­ functions; line, except that this section shall no!. De vation Act, the Energy Conservation and Pro­ (6) the Office of Consumer Affairs and construed to preclude the use of funds for duction Act, the Energy Supply and Envi­ Competition, established by title II of this collecting and analyzing information con­ ronmental Coordination Act of 1974, the Fed­ Act, not to exceed- cerning such distillates or motor gasoline eral Power Act, and the Natural Gas Act, and (A) $2,500,000 for consumer affairs and under the Department's data-gathering au­ (2) other laws relating to petroleum and competition functions; and thorities or to preclude the use of fund~ by natural gas, the regulation of interstate (B) $1,400,000 for policy and management the Department in taking any action con­ transmission of power, the regulation of fa­ functions; cerning regulation of such products to the cilities of, and the use and application of, (7) the Office of the Secretary, not to ex­ extent consistent with applicable law. nuclear and nonnuclear energy sources and ceed $1,000,000 for the Task Force on Regula­ LIMITATION ON USE OF FUNDS IN ADMINISTER- resources, including renewable sources of tory Reform, established by the Department ING CERTAIN REGULATIONS energy. of Energy on January 31, 1978; and (b) Nothing in this title shall be con­ (8) the Assistant Secretary for Energy SEc. 106 (a) No funds autlhorized to be strued to authorize the appropriation or use Technology, not to exceed $300,000 for indus­ appropriated pursuant to this Act may be of funds for research and development pur­ trial cogeneration functions. expended to enforce any regulation of the Department of Energy regarding the sup­ poses or for the testing or production of VANPOOL VEHICLE PURCHASE RESTRICTION atomic weapons or any other nuclear weap­ plier-purchaser relationship between crude ons activity. 'JEC. 103. The Secretary may not use any oil producers and purchasers of crude oil ( 10 funds appropriated to the Department of APPROPRIATIONS AUTHORIZATION c.F.R. 211.63) which has not been reviewed Energy for the fiscal year ending September by the Department within 60 days after the SEc. 102. There are authorized to be ap­ 30, 1979, for the purchase (or lease) of ve­ date of the enactment of this Act and modi­ propriated to the Dep·artment of Energy for hicles for use by Federal employees in van­ fied, as the Secretary of Energy determines the fiscal year ending September 30, 1979, to pooling arrangements (as defined in section necessary, by a proposed rule, to remove as­ carry out the functions assigned to-- 381(b) (2) (B) of the Energy Policy and Con­ pects of such regulation which eliminate (1) the Federal Energy Regulatory Com­ servation Act (42 U.S.C. 6361)), unless such competition, unless such aspect of such mission, not to exceed- purchase (or lease) and use is specifically regulation is necessary to protect the supply ( A) $22,065,000 for gas regulation and oil authorized by a statute enacted after the of crude oil to small refiners or is essen­ functions, of which not to exceed $3,790,000, date of the enactment of this Act. tial to implementation of crude oil pricing is to be available for the purpose of improv­ LIMITATION ON REPROGRAMING OF FUNDS regulations, as determined by the Secretary ing administrative procedures and taking SEc. 104. (a) Subject to the limitations of of Energy. other actions to reduce and prevent any sections 101(b) and 103 of this title, no (b) No funds authorized to be appropri­ backlog within the Commission of filings, amount appropriated pursuant to this title ated pursuant to this Act may be expended cae~s. a:nd other matters; may be used for any function in excess of to supply standards for the granting of ad­ (B) $15,406,000 for hydroelectric regula­ the amount expressly authorized to be ap­ justments to prevent hardship, inequity, or tion functions; and propriated for that function by this title, (C) $18,929,000 for electric utility regula­ unfair distribution of burdens, including any nor may the amount available for any func­ exemption or exception from any rule or tion, and compliance, enforcement, and pol­ tion from sums appropriated pursuant to icy and management functions; regulation of the Department of Energy this title be reduced by more than 5 percent which discriminate between- (2) the Economic Regulatory Administra­ of the total of the sums appropriated pur­ tion, not to exceed- (1) the treatment of management or ad­ suant to this title for such functions, un­ ministrative expenses of publicly held cor­ ( A) $3,500,000 for coal and alternate fuels less- utlllzation functions; ( 1) a period of 30 calendar days (not in­ porations, and (B) $8,853,000 for conservation functions; cluding any day in which either House of (2) the treatment of reasonable expenses (C) $7,590,000 for energy emergency pre­ Congress is not in session because of au s.d­ for compensation for personal services actu­ paredness functions; journment of more than 3 calendar days ally performed for management or adminis­ (D) $60,050,000 for oil pricing and alloca­ to a day certain or an adjournment sine die) tration paid by any privately held corpora­ tion, compliance, and administrative pro­ has passed after the receipt by the Commit­ tion unincorporated association, partner­ ceedings and review functions, and policy tee on Interstate and Foreign Commerce of 'ship', or sole proprietorship to any share­ and management functions relating thereto; the House of Representatives and the Com­ holder of such corporation, member of such and mittee on Energy and Natural Resources of association, partner of such partnership, or (E) $8,775,000 for policy and management the Senate of notice given by the Secretary such sole proprietor, respectively, or any functions under subparagraphs (A), (B), or the Federal Energy Regulatory Commis­ family member of any of the foregoing. and (C); sion, as the case may be, containing a full TITLE II-AMENDMENTS TO ENERGY (3) the Energy Information Administra­ and complete statement of the action pro­ CONSERVATION AND PRODUCTION ACT tion, not to exceed $56,436,000; of which not posed to be taken and the facts and circum­ more than $36,000,000 shall be available for AND CERTAIN OTHER ENERGY-RE­ stances relied upon in support of such pro­ LATED ACTS contracts and cooperative agreements; posed action, or (4) the Assistant Secretary for Conserva­ (2) each such committee before the ex­ TRANSFER OF FUNCTIONS RELATING TO COMPE­ tion and Solar Applications, not to exceed­ piration of such period has transmitted to TITION AND CONSUMER AFFAIRS (A) in the case of residential and co~­ the Secretary or the Federal Energy Regula­ SEc. 201. (a). The Energy Conservation and merciaJ. conservation functions- tory Commission, as the case may be, writ­ Production Act (15 U.S.C. 761 , et seq.) is (i) $3,750,000 for mandatory appliance ten notice stating in substance that such amended by adding at the end thereof the conservation; and committee has no objection to the proposed following new title: (11) $500,000 for commercial and small action. "TITLE V-OFFICE OF COMPETITION AND business conservation education; (b) In the case of any office or unit with­ CONSUMER AFFAIRS (B) $300,000 for industrial monitoring and in the Department to which funds are au­ analysis; thorized to be appropriated without refer­ "OFFICE OF COMPETITION AND CONSUMER (C) $1,200,000 for transportat1on conser­ ence to a particular function, subsection (a) AFFAffiS vation functions; of this section shall be applied to such of­ "SEc. 501. (a) There shall be within the (D) $700,000 for Federal conservation fice or unit as if the references in such sub­ Department of Energy an Office of Competi­ functions; section to "function" were to that office or tion and Consumer Affairs (hereinafter in (E) $57,800,000 for State and local con­ unit. this section referred to as the ' Office') to be rervation functions; (c) The Department shall provide, on a headed by a Director, who shall be appointed (F) $480,000 !or market survey and analy­ periodic basis, a report of all reprograming by the President, by and with the advice and sis functions; and of funds appropriated pursuant to this title consent of . the Senate, and who shall be (G) $6,010,000 for policy and management to the Committee on Interstate and Foreign compensated at the rate provided for level functions; Commerce of the House of Representatives IV of the Executive Schedule under section (5) the Assistant Secretary for Resource and the Committee on Energy and Natural 5315 of title 5, United States Code. The Di­ Applications, not to exceed, in the case of- Resources of the Senate. rector shall b~ a person who, by demon- June 23, 1978 CONGRESSIONAL RECORD-HOUSE 18825 strated ability, background, training, or ex­ be essential to the effective participation of issue a remedial order against such person perience, is specially qualified to assess such agency in that proceeding.". for any Violation of any rule or regulation energy policies as they relate to competition (2) Section 205 of such Act (42 U.S.C. if- in the energy industry and the needs and '7135) is amended- .. ( 1) such civil action or order is based concerns of competition and consumers. ( A) in paragraph (1) of subsection (h) upon a retroactive application of such rule "(b) There is hereby transferred to and thereof, by striking out "(A)" and by strik­ or regulation or is based upon a retroactive vested in the Office the functions assigned to ing out subparagraph (B), and interpretation of such rule or regulation; Assistant Secretaries under section 203 (B) by adding at the end of such section and (a) (7) of the Department of Energy Orga­ the following new subsection: "(2) such person relied in good faith upon nization Act (as in effect before the date of " (i ) In acquiring or collecting informa­ rules, regulations, or rulings in effect on the the enactment of this title). Such functions tion under this section, the Administrator date of the violation interpreting such rules include- shall- or regulations." . .. ( 1) advising and making recommenda­ .. ( 1) utilize, to the maximum extent prac­ NOTICE OF RATE FILINGS ticable, consistent with the faithful execu­ tions to the Secretary of Energy relating to SEc. 204. Section 6 of the Interstate Com­ the promotion of competition in the energy tion of his responsibilities under this Act, or under any other law, reliable statistical merce Act (49 U.S.C. 6) is amended in industry and the protection of the consum­ paragraph (3) by inserting after "thirty ing public in the energy policymaking proc­ sampling techniques; and days' notice" the following: "(or in the case ess of the Department of Energy and in the " ( 2) otherwise give priority to the mini­ mization of the reporting of energy infor­ of rates and charges for the transportation formulation and analysis of policies, rules, of oil by pipeline, sixty days' notice)". regulations, procedures, and legislation re­ mation by small business.". lating to, or affecting, competition and con­ (b) (1) Section 402(f) of such Act (42 PROCEDURES FOR FORMS, QUESTIONNAIRES, ETC. sumer affairs, and U.S.C. 7172(f)) is amended by adding at the SEc. 205. (a) The issuance of any new "(2) monitoring the programs and activi­ end thereof the followinJ new sentence: "The form by any officer, employee, or component ties of the Department of Energy in order to preceding sentence does not apply with re­ of the Department of Energy under any advise the Secretary of Energy relating to spect to functions transferred to the Com­ funds appropriated pursuant to this Act the impact of such programs and activities mission under subsection (a) which relate shall be in accordance with the procedures on competition and consumers and making to the rates and charges for the transmis­ under subsection (b) (1) of section 501 of recommendations, consistent with other poli­ sion and sale of electric energy or for the the Department of Energy Organization Act cies of the Department of Energy, for rea­ transportation and sale of natural gas, other applicable to any proposed rule, regulation, sonably avoiding or mitigating any adverse than the function of determining the price or order described in subsection (a) of such effects. at the point of importation or exportation.". sec"tion. On the request of the Federal Energy Regu­ (2) Section 402(a) (1) (C) of such Act is (b) For purposes of this section "new latory Commission, the Director may advise amended by inserting "3," after "1,". form" means any written report form, appli­ the Federal Energy Regulatory Commission (c) Section 401(c) of such Act (42 U.S.C. cation form, schedule, questionnaire, or other on matters relating to, or affecting, compe­ 7171 (c) ) is amended by adding at the end similar method- tition or consumers.". thereof the following new sentence: "The ( I) calling either for answers to identical (b) Section 203 (a) of the Department of Chairman may exercise his appointment au­ questions from ten or more persons other Energy Organization Act (42 U.S.C. 7133(a)) thority under functions described in para­ than agencies, instrumentalities, or em­ is amended by striking out paragraph (7) graph ( 1) of this subsection in the case of ployees of the United States or for answers to and by redesignating paragraphs (8) through not to exceed twenty-five positions of the questions from agencies, instrumentalities, or (11) as paragraphs (7) through (10), re­ positions subject to the statutory numerical employees of the United States which are to spectively. limitation in the provisions referred to in be used for statistical compilations of general (c) The table of contents for the Energy such paragraph". public interest, and Conservation and Production Aot is amended (d) Section 401 of such Act (42 U.S.C. (2) to be adopted or revised during the by adding at the end thereof the following 7171) is amended by inserting at the end fiscal year ending September 30, 1979. thereof the following new subsection: new items: LIMITATION " ( k) The provisions of sections 32 and 33 "TITLE V-OFFICE OF COMPETITION AND of the Federal Energy Administration Act of SEc. 206. Nothing in this title shall be con­ CONSUMER AFFAIRS 1974 shall apply to the Commission. For pur­ strued to authorize the appropriation or use "Sec. 501. Office of Competition and Con­ poses of applying such provisions, references of funds for research and development pur­ sumer Affairs.". therein to 'Administrator' and 'Administra­ poses or for the testing or production of (d) Section 5315 of title 5, United States tion' shall be considered to refer to the atomic weapons or any other nuclear weapons Code, is amended by adding at the end of Commission.". activity. such section the following new paragraph: (e) Section 501 of such Act (42 U.S.C. TITLE III-POWER MARKETING ADMINIS­ "(122) Director, Office of Competition and 7191) is amended by adding at the end there­ TRATIONS; RESOURCES DEVELOPMENT Consumer Affairs, Department of Energy.". of the following new subsection: STATEMENT OF PURPOSE "(h) (1) Not later than 180 days after the (e) The amendments made by this section SEc. 301. (a) The purpose of this title is to shall take effect on October 1, 1978. date of the enactment of this subsection, the Secretary shall, by rule, prescribe procedures authorize appropriations to the Department EXTENSION OF ENERGY SUPPLY AND ENVIRON­ under which any person may obtain, after of Energy for fiscal year 1979 pursuant to sec­ MENTAL COORDINATION ACT OF 1974 an appropriate application (together with all tion 660 of the Department of Energy Orga­ SEc. 202. Section 2(f) (1) of the Energy necessary information, as determined by the nization Act to carry out the functions trans­ Supply and Environmental Coordination Secretary) has been submitted to the Secre­ ferred to the Secretary of Energy pursuant Act of 1974 (15 U.S.C. 792(f) (1)) is amended tary, an advisory opinion as to whether or to sections 302, 303, and 307 of such Act. by striking out "December 31, 1978" and not crude oil to be produced by such per­ (b) Nothing in this title shall be construed inserting in lieu thereof "December 31, 1979". son- to authorize the use of funds for research and development purposes or for the testing or AMENDMENTS TO DEPARTMENT OF ENERGY " (A) is stripper well crude oil for purposes of the Emergency Petroleum Allocation Act production of atomic weapons or other nu­ ORGANIZATION ACT clear weapons activity. SEC. 203. (a) (1) Section 205(g) of the De­ of 1973, or partment of Energy Organization Act ( 42 " (B) is otherwise within a specified clas­ SUBTITLE A-POWER MARKETING U.S.C. 7135(g)) is amended by striking out sification of crude oil established under such ADMINISTRATIONS the period at the end thereof and inserting in Act. SEc. 311. (a) There is hereby authorized to lieu thereof: "; and, notwithstanding any " ( 2) The Secretary shall provide such be appropriated to the Department of Energy other provision of law, the provisions of such opinion as promptly as possible after such for fisoal year 1979 the suzns set forth in this section 11 (d) shall apply with respect to application and all such information have section which may be made available until any information obtained by the Adminis­ been submitted to the Secretary. expended: trator under any provision of law (other "(3) Nothing in this section shall be con­ ( 1) for the Alaska Power Administration, than under such section 17). In applying strued to affect the obligation of sueh per­ including expenses for engineering and eco­ such section 11 (d) for such purposes, if son to comply with the provisions of law nomic investigation to promote the develop­ any information is disclosed to any agency and regulations applicable with respect to ment and utllization of the water, power, and under paragraph (2) of such section 11 (d), such crude oil.". related resources of Al,aska, $2,614,000; then any determination under section 11 (d) (f) Section 503 of such Act (42 U.S.C. (2) for the Western Area Power Adminis­ of confidentiality by the Secretary (as well 7183) is amended by adding at the end tration, $101,252,000 for construction, reha­ as the provisions of sec·tion 1905 of title 18, thereof the following new subsection: bilitation, operation, and maintenance of United States Code) shall apply with respect "(g) With respect to any person whose electric power transmission facil1 ties, and to any subsequent disclosure by such agency, sole petroleum industry operation relates to power marketing activities, of which $90,007,- other than a disclosure of such information the marketing of petroleum products, the 000 shall be derived from the reclamation in connection with a proceeding in which Secretary or his delegate may not exercise fund; such agency is a party and such disclosure is discretion to maintain a civil action (other (3) for the Western Area Power Adminis­ determined by the head of such agency to than an action for injunctive relief) or tration, $200,000 for the Emergency Fund 18826 CONGRESSIONAL RECORD- HOUSE June 23, 1978 established pursuant to section 502 of title (2) each such committee before the ex­ erated on or before that date and for which 43, United States Code, to assure continuous piration of such period has transmitted to away-from-reactor storage is appropriate; operations during unusual or emergency con­ the Secretary, written notice stating in sub­ (B) a determination of whether additional ditions, all of which shall be derived from the stance that such committee has no objection interim spent fuel storage sites may be reclamation fund; to the proposed action. needed by January 1, 1996, to accommodate (4) for the Western Area Power Adminis­ (b) In the case of any office or unit within the temporary storage of any spent fuel gen­ tration for continued work on the trans­ the Department to which funds are author­ eratej between January 1, 1984, and Jan­ mission system of the Upper Colorado River ized to be appropriated without reference uary 1, 1996, and for which away-from­ Storage Project, authorized by section 1(1) to a particular function, subsection (a) of reactor storage is appropriate; and of the Act of April 11, 1956 (Public Law 485 this section shall be applied to such office (C) an evaluation of the time it Will take of the Eighty-fourth Congress; 70 Stat. 105) or unit as if the references in such subsec­ to establish interim spent fuel storage fa­ and legislation supplementary thereto, in­ tions to "function" were to that office or cilities at away-from-reactor sites using cluding the Act of August 10, 1972 (Public unit. available designs and technology, and the es­ Law 93-370), $2,286,000; (c) The Department shall provide, on a timated costs thereof, as compared to the (5) for the Southwestern Power Admin­ periodic basis, a report of all reprograming time and costs associated with expanding istration, $36,009,000; and of funds appropriated pursuant to this title existing storage facilities at reactor sites. (6) for the Southeastern Power Admin­ to the Committee on Interstate and Foreign (2) In conducting such study, the Secre­ istration, $1,212,000. Commerce and the Committee on Interior tary shall take into consideration- (b) (1) No amount appropriated pursuant and Insular Affairs of the House of Repre­ (A) the capability of existing or potential to this subtitle may be used for any program sentatives and the Committee on Energy and reactor storage sites, with or without modifi­ in excess of either (1) 120 per centum of the Natural Resources of the Senate. cation, to store such spent fuel adequately amount authorized for that program by this TITLE IV-URANIUM MANAGEMENT AND during such interim period, Act, or (2) $5,000,000 more than the amount USE OF NUCLEAR ENERGY (B) any available conclusions, findings, and recommendations developed by any De­ authorized for that program by this Act, STATEMENT OF PURPOSE whichever is the lesser, and partment or interagency study of such stor­ SEc. 401. (a) The purpose of this title is age, and (2) no amount appropriated pursuant to to authorize appropriations to the Depart­ this Act may be used for any program which (C) such other factors as he and other ment of Energy pursuant to section 660 of the participants in the study shall identify. has not been presented to, or requested of, Department of Energy Organization Act to the Congress, (3) Within 3 months after the date of the carry out functions under the Atomic En­ enactment of this section, the Secretary unless ( 1) a period of thirty calendar days ergy Act of 1954 relating to the use, trans­ shall- (not including any day in which either House mission in interstate commerce, and regula.­ (A) issue a report of the results of the of Congress is not in se.oratory, ( 1) The term "military application" means for energy research and development and $1,055,000. any activity authorized or permitted by related activities, the sum of the following (D) Nuclear physics, $74,900,000. chapter 9 of the Atomic Energy Act of 1954, amounts: (E> Advanced technology and assessment as amended (Public Law 83-703, as amended; TITLE I-ADVANCED ENERGY TECHNOLO­ projects, $10,500,000. 42 u.s.c. 2121, 2122). GIES AND ENERGY CONSERVATION PLANT AND CAPITAL EQUIPMENT (2) The term "research and development", RESEARCH AND DEVELOPMENT, AND SEc. 102. For "Plant and Capital equip­ as used in this section, as defined by section RELATED ACTIVITIES ment", including construction, acquisition, 11 x. of the Atomic Energy Act of 1954, as OPERATING EXPENSES or modification of facilities, including land amended (Public Law 83-703, as amended; acquisition; and acquisition and fabrication 42 u.s.c. 2014). SEc. 101. For "Operating Expenses", for the following programs, a sum of dollars of capital equipment not related to con­ (3) The term "common defense and secu­ struction, a sum of dollars equal to the total equal to the total of the following amounts: rity'• means the common defense and secu­ of the following amounts: rity of the United States as used in the (A) Energy supply: ( 1) Solar energy, $375,300,000, including (a) FISCAL YEAR 1979 PROJECTS.­ Atomic Energy Act of 1954, as amended (Pub­ (1) Solar: lic Law 83-703, as amended). $23,000,000 for heating and cooling demon­ (A) Project 79-1-m, engineering test fa­ CONTRACT APPROVALS strations, and operating expenses for the cility vessel modifications, $24,200,000. following projects: (B) Project 79-1-n, tropic ocean grazing SEc. 809. (a) Part c of title VI of the De­ (a) 150 kilowatt irrigation system, partment of Energy Organization Act, as pilot plant (A-E only), $10,000,000. amended by this Act, is further amended by Coolidge, Arizona, $500,000; (2) Basic Energy Sciences: (b) Solar thermal electric project, Large (A) Project 79-1-k, intense pulsed neu­ adding after the new section 661 at the end Scale Experiment No. 1, Fort Hood, Killeen, thereof the following new section: tron ·source-!, Argonne National Laboratory, Texas, $3,800,000; "CONTRACT APPROVALS Illinois, $6,400,000. (c) Solar thermal electric project, Large ( 3 > High Energy Physics: "SEc. 662. (a) Any primary contract which Scale Experiment No. 2, Shenandoah, Geor­ (A) Project 79-9-a, Hadron bubble cham­ provides for obligation of Federal funds in gia, $6,230,000; ber facility. Fermilab, Illinois, $2,200,000. excess of $5,000,000 (or any related contracts (d) Small power experimental station (B) Project 79-9-b, energy saver/doubler, which in the aggregate provide for the obli­ No. 1, $5,000,000; gation of Federal funds in excess of $5,000,- (e) Total energy photovol tales con version Fermilab, Illinois, $50,000,000. system, Mississippi Community College, (C) Project 79-9-c, fire protection im­ 000) may not be awarded without the prior provements, Brookhaven National Labora­ approval of an officer of tht Department ap­ $500,000; . (f) MOD 2-megawatt scale wind system, tory, $1,300,000. pointed by the President by and with the (D) Project 79-9-d, accelerator improve­ advice and consent of the Senate. 90 meter diameter, $10,600,000; "(b) Any primary contract involving funds (g) MOD 3-megawatt scale wind system, ments and modifications, various locations, which provides for obligation of Federal design and development, $2,800,000; $4,500,000. (4) Nuclear Physics: funds in excess of $25,000,000 (or any re­ (h) MOD 4-kilowatt s~ale wind system, lated contracts which in the aggregate pro­ design and development, $1,300,000; (A) Project 79-9-e, accelerator improve­ vide for the obligation of Federal funds in (2) Fuels from biomass, $44,300,000, and ments and modifications, various locations, excess of $25,000,000) may not be awarded operating expenses for the following projects: $1,500,000. without the prior approval of the Secretary (a) Biomass utilization system, 50 MW (b) PRIOR YEAR AUTHORIZATIONS.- of Energy or the Deputy or Under Secretary wood-fueled generating plant, Lincoln, (1) There is authorized an additional of Energy. Maine, $5,000,000; sum of $24,250,000 for the ten megawatt cen­ " (c) The preceding provisions of this sec­ (b) Biomass silviculture experiment, tral receiver solar thermal pilot plant, Bar­ tion shall not apply in the case of- $800,000; stow, California (project 76-2-b), authorized "(1) any contract awarded by the Com­ (c) Advanced system experiment for ther­ by section 101(b) (2) of Public Law 94-187 mission or by any officer or employee mochemical gasification of biomass, $2,000,- (for a total project authorization of $71,- thereof, or 000; 500,000>. "(2) any contract for military applica­ (3) Geothermal energy, $119,675,000, and (2) There is authorized an additional tions.". operating expenses for the following projects; sum of $10,600,000 for the program sup­ (b) The table of sections for the Depart­ (a) 40 MW thermal loop/pilot plant, Raft port facility, Argonne National Laboratory ment of Energy Organization Act is amend­ River. Idaho, $2,400,000; (project 78-19-a), authorized by section ed by inserting after the new item relating (b) Geothermal loop experimental facility, 102(a) (12) (C) of Public Law 95-238 (for to section 660 the following new item: Niland, California, $2,000,000; a total project authorization of $15,600,000). (c) Liquid dominated electrical power (3) There is authorized an additional sum "Sec. 662. Contract approvals.". demonstration plant, 50 MWe, design and of $92,000,000 for the proton-proton inter­ SUNSET PROVISION long lead procurement, $7,500,000; secting storage facility, Brookhaven Na· SEc. 810. (a) Title X of the Deoartment (d) Wellhead generator, design fabrication tional Laboratory (project 78-10-b), au­ of Energy Organization Act (42 U.S.C. 7351) and installation, Geothermal Project Devel­ thorized by section 102(a> (8) (B) of Public is amended by redesignating sections 1001 opment Group, Hawa11, $1,300,000; Law 95-238 (for a total project authoriza• a.nd 1002 as sections 1002 and 1003, respec­ (e) Direct application of geothermal heat tion of $102,500,000). tively, and by inserting before section 1002 to industrial processes and space condition­ (c) Capital equipment not related to con· (as redesignated) the following new section: ing, several projects, $9,825,000; struction, $77,800,000. (4) Hydroelectric power, $6,000,000; SEc. 103. (a) The amount authorized for "SUNSET PROVISION (5) Basic energy sciences, $151,200,000. a fuel cell feasibility demonstration for co­ "SEc. 1001. The provisions of this Act (in­ (B) Energy conservation, $382,768,000, in- generation of steam and electric power under cluding the amendments made by this Act) cluding $15,700,000 for industrial cogenera­ section 101(B) (5)- shall cease to have effect after December 31, tion related to new technologies and appli­ ( 1) shall not be available for such dem­ 1982.". ~ations, and operating expenses for the fol­ onstration until, (A) the Secretary of Energy (b) The table of sections for such Act is lowing projects: has delivered to the Committee on Science amended by striking out the items relating ( 1) 4.8 MW fuel cell power plant, design, and Technology of the House of Representa­ to sections 1001 and 1002 a.nd inserting in develop, and fabricate, $5,500,000; tives and the Committee on Energy and Nat­ lieu thereof the following: (2) Fluid bed combustor for urban waste, ural Resources of the Senate, no later than "Sec. 1001. Sunset provision. $300,000; ninety days following the enactment of this "Sec. 1002. Submission of comprehensive re­ (3) Activated carbon sludge digestion pilot Act, a plan for the feasibility demonstration view. plant, $345,000; of fuel cell technology, and (B) each such "Sec. 1003. Contents of review.". ( 4) Waste oil refining facility, Bartlesville, committee has found such plan to be ac­ Oklahoma, $1,200,000; ceptable and in accord with the require­ (5) Fuel cell feasibllity demonstration for ments of subsection (b); and H.R. 12163 electric power generation and cogeneration (2) the authorization of such sums shall By Mr. FUQUA: of usable steam and electric power (subject be terminated, and no further obligation of -strike all after the enacting clause and to section 103), $25,000,000. the funds appropriated pursuant thereto insert in lieu thereof the following: (C) High energy physics, $191,595,000, and shall be entered into (except for necessary That, in accordance with section 261 of the operating expenses for the following termination costs), if twelve months follow­ Atomic Energy Act of 1954 (42 U.S.C. 2017), projects: ing the enactment of this Act, the establish- June 23, 1978 CONGRESSIONAL RECORD-HOUSE 18831 ment of a broad based utility commitment (B) Nuclear Energy Assessment, $6,300,- tion 102(a) (5) (D) of Public Law 95-238, to the feasibility demonstration, such com­ 000. (for a total project authorization of $8,100,- mitment being either by cost sharing or pro­ (C) Other programs, $67,900,000. 000). curing a substantial (for example, 500 mega­ (5) Alternate fuel cycle concepts, $66,- (7) There is authorized an additional sum watts) aggregate megawatts for the dem­ 850,000. of $5,600,000 for the liquid metal engineer­ onstration, has not been legally documented. (6) Magnetic fusion, $240,900,000. ing center facility modifications, Santa. Su­ The Secretary of Energy is responsible for (7) Inertial confinement fusion (civ111an sana., California (project 78-6-e), authorized the certification of this commitment and will applications), $8,800.000. by section 102(a) (5) (E) of Public Law 95- report such certification of the Committee (8) Nuclear science, $28,400,000. 238 (for a total project authorization of on Science and Technology of the House of (9) Space nuclear applications, $39,400,000. $9,600,000). Representatives and the Committee on En­ (10) Advanced technology and assessment (8) There is authorized an additional sum ergy and Natural Resources of the Senate. projects, $10,500,000. of $5,000,000 for the high performance fuel Such committees will have thirty days (not PLANT AND CAPITAL EQUIPMENT laboratory, Richland, Washington (A-E and including any day on which either House of long-lead procurement only) (project 77-4- Congress is not in session because of an ad­ SEc. 202. For "Plant and Capital equip­ c), authorized by Public Law 95-39 (for a. journment of more than three calendar days ment", including construction, acquisition, total project authorization of $11,500,000). to a day certain) to reject this certification; or modification of fac111ties, including land (c) Project 79-6, general plant projects, otherwise it is to be considered accepted. acquisition; and acquisition and fabrication $43,235,000. (b) To be found acceptable under section of capital equipment not related to construc­ (d) Capital equipment not related to con­ (a) the feasibility demonstration plan- tion, a sum of dollars equal to the total of struction, $112,701,000. (1) must contain recognition that cogen­ the following amounts: SEc. 203. Public Law 95-39 is amended eration is a major part of the feasib111ty (a) Fiscal year 1979 projects: by striking out all the authorization for demonstration and preference shall be given (1) COAL.- project 77-1-b (for a high Btu pipeline gas to a company, industry, industrial group, (A) Project 79-1-a, Morgantown Energy demonstration plant, $10,000,000) contained ut111ty, or State willing to demonstrate the Research warehouse building, Morgantown, in section 102(a) (1) (B). cogeneration of electric power and steam West Virginia, $350,000. SEc. 204. (a) In order to redirect and re­ rather than electric power alone; ( 2) BREEDER REACTOR DEVELOPMENT.- orient the Nation's breeder program by eval­ (2) must include demonstration alterna­ (A) Project 79-1-b, modifications to reac­ uating designs for a. larger advanced fission tives representing different levels of Federal tors, $4,000,000. facility through conceptual planning, con­ cost sharing and the establishment of a (B) Project 79-1-c, security improvements, ceptual studies, systems studies, and systems single management authority for the dem­ Richland, Washington, $12,000,000. design, and to give the program the direc­ onstration; (C) Project 79-1-d, second power tie line, tion needed to maintain a strong breeder (3) must provide for, in addition to ma­ Idaho National Engineering Laboratory, $2,- option, the Secretary shall conduct a study jor cost sharing by all parties of interest, an 600,000. examining in detail variants of the uranium/ approach to reducing the Federal share of (D) Project 79-1-e, fire protection im­ plutonium cycle (including the CIVEX proc­ the demonstration cost as utility, industrial, provements, various locations, $3,100,000. ess) and the uranium/thorium cycle, with or State aggregate participation is increased (E) Project 79-1-f, radioactive waste planning for each of these cycles taking into above the 500 megawatt level; treatment facility, Idaho National Engineer­ consideration both the pool and loop de­ (4) must contain a requirement for the ing Laboratory, $2,000,000. signs as well as a system involving aspects establishment of a well documented financial (F) Project 79-1-g, test area north radio­ of both pool and loop design, and with ade­ base line so that an audit basis will be avail­ active storage and transfer system, Idaho quate support facilities permitting the de­ able to indicate past ut111ty, industrial, and National Engineering Laboratory, $1,000,000. velopment and testing of components geared Federal contributions to fuel cell technology (G) Project 79-1-h, maintenance and toward an advanced fission facility: Pro­ development, including current depreciated storage facility, Richland, Washington, $16,- vided, That the Secretary shall furnish to status of fuel cell capital equipment; and 700,000. the House Committee on Science and Tech­ ( 5) must call for a series of studies which (3) PROGRAM MANAGEMENT AND SUPPORT.­ nology and the Senate Committee on Energy examine the following: (A) Project 79-4-b, heating, ventilating and Natural Resources a progress report on (A) the cost and benefit of first genera­ and air-conditioning heat recovery, Richland, this study commencing one year after the tion fuel cells using petroleum fuels against Washington, $4,000,000. date of the enactment of this section and remote generation and power transmission, (b) Prior Year Authorizations: each succeeding six months thereafter, with (B) the market for first and second gen­ (1) There is authorized an additional sum the final report by the Secretary on this eration fuel cells, and of $19,000,000 for the low British thermal study being transmitted to such committees (C) the data needs from the demonstra­ unit fuel gas- small industrial demonstration no later than March 31, 1981. tion for all parties including public infor­ plants, sites undetermined (project 78-2-c), (b) There is hereby authorized to be ap­ mation on the fuel-cell demonstration. authorized by section 102(a) (2) (C) of Pub­ propriated for the fiscal year 1979 the sum (c) The Fuel Cell Feasibility Demonstra­ lic Law 95-238 (for a total project authoriza­ of $35,000,000 to carry out subsection (a). tion Plan for cogeneration of steam and tion of $25,000,000). TITLE III-ENVIRONMENT RESEARCH electric power, which accepted according to (2) There is authorized an additional sum AND DEVELOPMENT, AND RELATED AC­ subsection (a) and (b) , shall be considered of $40,oo0.Joo for the high British thermal TIVITIES as basic guidance for the demonstration unit synthetic pipeline gas demonstration OPERATING EXPENSES contracts when written. plant (project 76-1-b), authoriz~d by section SEc. 301. For "Operating Expenses", for the TITLE II-FOSSIL AND NUCLEAR ENERGY 101 (b) (1) of Public Law 94-187 (for a total following programs, a sum of dollars equal RESEARCH AND DEVELOPMENT, AND project authorization of $95,000,000). to the total of the following amounts: RELATED ACTIVITIES (3) There is authorized an additional sum ( 1) Overview and assessment, $60,000,000, of $12,400,000 for the breeder reactor inte­ OPERATING EXPENSES of which $1,000,000 shall be made available grated prototype equipment test facility, Oak for the Water Resources Council to carry SEc. 201. For "Operating Expenses", for the Ridge National Laboratory, Tennessee (proj­ following programs, a sum of dollars equal out the provisions of section 13 of the Fed­ ect 78-5-b), authorized by section 102 (a) eral Nonnuclear Energy Research and De­ to the total of the following amounts: (4) CB) of Public Law 95-238 (for a total velopment Act of 1974 (42 U.S.C. 5912). (a) Fossil energy: project authorization of $15,400,000). (1) Coal, $543,177,000: Provided, That at (2) Environmental research, $143,498,000. (4) There is authorized an additional sum (3) Life sciences research, $39,700,000. least 5 per centum of the amount appro­ of $45,000,000 for the facilities for the na­ priated for magnetohydrodynamics shall be tional waste terminal storage program, site (4) Decommissioning and decontamina­ expended for closed cycle technology. undetermined (project 78-5-a), authorized tion, research and development, $14,990,000. (2) Oil and gas, $111,450,000. by section 102(a) (4) (A) of Public Law 95- (5) Funds to carry out provisions of sec­ (3) Oil shale, $29,350,000. 238 (for a total project authorization of tion 11 of the Federal Nonnuclear Energy (b) Nuclear energy: $55,000,000). Research and Development Act of 1974 (42 (1) Light water reactors: ( 5) There is authorized an additional sum U.S.C. 5910), in the amount of $500,000 for (A) Light water reactor technology, $23,- of $4,000,000 for the safety research ex­ the Environmental Protection Agency. 900,000 of which $!1,000,000 of the funds ap­ perimental facility, Idaho National Engi­ PLAN1' AND CAPITAL EQUIPMENT propriated under this subparagraph shall be neering Laboratory, Idaho (A-E and long­ SEc. 302. For "Plant and Capital equip­ available for safety enhancement. lead procurement only) (project 78-6-c), au­ ment", including construction, acquisition, (B) Other programs, $50,191,000. thorized by section 102(a) (5) (C) of Public or modification of facilities, including land (2) Civilian waste management and spent Law 95-238 (for a total project authoriza­ acquisition; and acquisition and fabrication fuel disposition, $158,100,000. tion of $24,100,000). of capital equipment not related to construc­ (3) Liquid metal fast breeder reactor, (6) There is authorized an additional sum tion, a sum of dollars equal to the total of $465,301,000. of $5,000,000 for the experimental breeder re­ the following amounts: (4) Other advanced reactor concepts: actor II modification, Idaho Falls, Idaho ( 1) ENVIRONMENTAL RESEARCH AND DEVEL­ (A) Gas cooled the.rmal reactors, $37,000,- (A-E and selected long-lead procurement CPMENT.- 000. only) (project 78-6-d), authorized by sec- (a) Fiscal year 1979 projects: 18832 CONGRESSIONAL RECORD-HOUSE June 23, 1978 (A) Project 79-3-a, modifications and ad­ (2) decontamination and decommission­ ( 3) Section 11 of such Act is further ditions to environmental research fac111ties, ing, $~: 00,000. amended by striking out "Council on Envi­ various locations, $4,000,000. SEc. 403. The Administration is authorized ronmental Quality" each place it appears and (B) Project 79-3-b, modification to pion to start any civilian research and develop­ inserting in lieu thereof "Administrator of biomedical fac111ty of the Clinton P. Ander­ ment project set forth in section 402 (a) only the Environmental Protection Agency", and son Mason Physics Fac111ty, Los Alamos Sci­ if at the time the project is started the then by striking out "the Administrator" in sub­ entific Laboratory, $440,000. currently estimated cost does not exceed by section (d) and inserting in lieu thereof (C) Project 79-3-c, environmental and en­ more than 25 per centum the estimated cost "the Secretary of Energy". ergy technology !acUity, Pacific Northwest set forth for that project; and the total cost (b) The Secretary of Energy shall annually Laboratory, Richland, Washington, $2,000,- of any such project shall not exceed the esti­ review the research activities of the Environ­ 000. mated cost set forth for that project by more mental Protection Agency. Such annual re­ (b) Capital equipment not related to con­ than 25 per centum (if such estimated cost view shall evaluate the adequacy, applica­ struction, $16,450,000. was $5,000,000 or more) unless and until ap· b111ty, and priority of such Environmental TITLE IV-OTHER ENERGY RESEARCH propriations covering such excess are Protection Agency research activities in rela­ AND DEVELOPMENT, AND RELATED AC­ authorized. tion to the environmental control technology TIVITIES TITLE V-GENERAL PROVISIONS research, development, and demonstration OPERATING EXPENSES needs of the Department of Energy, and rec­ SEc. 501. (a) The Administration is au­ ommend improvements in the management SEc. 401. For "Operating Expenses", for the thorized to start any project set forth in and conduct of such activities as they relate following programs, a sum of dollars equal sections 102 (a) , 202 (a), and 302, only if at to the energy research, development, and to the total of the following amounts: the time the project is started the then demonstration responsibilities of the Depart­ (A) ADVANCED ENERGY TECHNOLOGIES AND currently estimated cost does not exceed by ment. Such review shall be consistent with ENERGY CONSERVATION.- more than 25 per centum the estimated cost the goals and principles of the Federal Non­ ( 1) Energy Supply: set forth for that project; and the total cost nuclear Energy Research and Development (a) Solar Energy: of any such project shall not exceed the Act of 1974. Such review shall be transmitted Solar heating initiatives (passive and ac­ estimated cost set forth for that project to the Congress, as part of the annual re­ tive systems), $18,000,000. by more than 25 per centum (if such esti­ port pursuant to section 15 of the Federal (2) Energy Conservation: mated cost was $5,000,000 or more) unless Nonnuclear Energy Research and Develop­ (a) Building systems performance stand­ and until appropriations covering such excess are authorized. ment Act of 1974, and made available to the ards, $10,000,000. Environmental Protection Agency. (b) Community energy utilization imple­ (b) The Administration is authorized to SEc. 504. (a) Section 111 of the Energy mentation, $2,052,000, start any project under section 202 (d) only Reorganization Act of 1974 is amended by (c) Oil heat efficiency improvement (field if the maxim urn currently estimated cost of adding at the end thereof the following new testing and marketing), $2,000,000, such project does not exceed $750,000 and subsection: (d) Technology of insulating materials for the then maximum currently estimated cost "(j) ( 1) Beginning with fiscal year 1980 buildings, $315,000. of any building included in the project does with respect to Department of Energy civil­ (e). Buildings and community systems not exceed $300,000; and the total cost of ian research and development programs, for analysis and technology transfer, $2,800,000. all projects undertaken under such section purposes of the President's annual budget (f) Appropriate technology small grants shall not exceed the estimated cost set forth submission and of related sports submitted program, $10,000,000. in such section by more than 10 per centum. by the Secretary of Energy to the House Com­ (B) FOSSIL AND NUCLEAR ENERGY.­ SEc. 502. Section 6 of the Federal Nonnu­ mittee on Science and Technology and to ( a) Nuclear Energy: clear Energy Research and Development Act the Senate Committee on Energy and Nat­ (1) Light water reactors: of 1974 is amended by adding at the end ural Resources each plant and capital equip­ (i) U-235 process development, $72,300,000, thereof the following new subsection: ment construction project shall be assigned (C) ENVIRONMENT.- "(d) In order to expedite development of ..or reassigned to one of the following cate­ (!) Decommissioning and decontamination the comprehensive plan mandated under sub­ gories: remedial action $8,510,000. section (a), the Assistant Secretary for En­ "(A) Category I: All construction projects (D) ALL OTHER PROGRAMS- vironment shall collect all appropriate in­ having a total estimated cost of $5,000,000 or There is authorized to be appropriated for formation concerning federally sponsored en­ more. Each such project shall be set forth by policy and management functions a sum of ergy-related environmental, health, and safe­ name, location, total estimated cost, and out­ dollars equal to the following amounts: ty research for inclusion in the Inventory lays for pertinent fiscal years. Appropriate ( 1) The Assistant Secretary for Energy of Federal Energy-Related Environment and documentation shall also be provided. Technology, $29,365,000; Safety Research. All Federal agencies shall "(B) Category II: All construction proj­ (2) The Assistant Secretary for Conser­ provide the requested information.". · ects having a total estimated cost between vation and Solar Applications, $6,395,000; SEc. 503. (a) (1) Section 11(a) of the Fed­ $1,000,000 and $5,000,000. These projects may (3) The Assistant Secretary for Environ­ eral Nonnuclear Energy Research and Devel­ be combined into one item. Accompanying ment, $7,560,000; opment Act of 1974 (Public Law 93-577) is documentation shall include the name, loca­ (4) Department of Energy Operations Of­ amended- tion, description, and total estimated cost fices, $42,180,000; ( A) by striking out "and" at the end of of each project. By October 31 of each year, ( 5) Department of Energy Special Project paragraph ( 1) ; the Secretary shall issue a report to the Com­ Offices, $3,108,000; (B) by striking out the period at the end mittee describing all changes in funding ( 6) Office of Energy Research, $3,630,000; of paragraph (2) and inserting in lieu there­ among these projects. (7) Section 91 of the Atomic Energy Com­ of "; and "; and "(C) Category III: All general plant con­ munity Act of 1955 (42 U.S.C. 2391), $9,- (C) by adding at the end thereof the fol­ struction projects having a total estimated 057,500. lowing new paragraph: cost up to $1,000,000. These projects may be (8) Special foreign currency, $2,000,000; "(3) the adequacy, applicability, and ef­ consolidated into one item. (9) Energy Inventions Evaluation, $2,- fectiveness of the environmental control " (D) Category IV: The archi teet and en­ 200,000; technology development and research pro­ gineering phase for construction projects ( 10) Management and Support, Office of grams in meeting environmental standards may be combined into one item. Accompany­ the Comptroller, including $10,000,000 for and regulations administered by the Envi­ ing documentation shall include description Project 79-5, $43,942,000. ronmental Protection Agency.". by subprogram of the effect, purpose, and PLANT AND CAPITAL EQUIPMENT (2) Section 11 of such Act is amended by estimated cost of such planning and design. SEc. 402. For "Plant and Capital equip­ adding at the end thereof the following new " ( 2) The following definitions shall apply ment", including construction, acquisition, subsections: for purposes of this subsection: or modification of facilities, including land "(e) The Administrator of the Environ­ ·~(A) 'Total estimated cost' of a construc­ acquisition; and acquisition and fabrication mental Protection Agency shall prepare and tion project is defined as the most current of capital equipment not related to con­ submit an annual report to the Congress con­ estimate of the cost which will be borne by struction, a sum of dollars equal to the total cerning his findings under subsection (a) (3) the United States Government of all activi­ of the following amounts: along with recommendations for improve­ ties ultimately constituting a part of the (a) FISCAL YEAR 1979 PROJECTS.­ ments in the management and conduct of total construction project. (!) Uranium Enrichment: research, development, and demonstration "(B) 'Construction project' is defined as (A) Project 79-2-d, technology test !acUi­ related thereto, and a priority listing of addi­ the planning, design, construction, or modifi­ ties, various locations (A-E and long-lead tional needed research. cation of Department of Energy civilian re­ procurement), $7,000,000. "(f) For the purpose of implementing this search and demonstration facilities including (2) All Other Programs: section, the Secretary of Energy shall actively buildings, test facilities, pilot and demonstra­ (A) Project 79-4-a, modification for energy make available to the Administrator of the tion plants, wells (other than for test pur­ management. various locations, $25,000,000. Environmental Protection Agency all infor­ poses), processing and reprocessing plants, (b) Capital equipment not related to con- mation on the environmental control tech­ struction: · and pipelines plus related grounds and im­ nology research and development activities provements. Facilities uniquely related to a (1) precess development, $4,700,000. and programs of the Department.". larger construction project may be combined June 23, 1978 EXTENSIONS OF REMARKS 18833 H.R. 12433 with that project. Furthermore, !or catego­ SEc. 506. Nothing in titles I, II, and III of ries II and III, construction projects com­ this Act shall be construed to authorize the By Mr. GRASSLEY: bined into one item must be a complete appropriation or use of funds for any pur­ -Page 9 after line 2 "Insert the following project including all collateral equipment. pose other than energy research and develop­ new subsection at the end of section 103 of "(C) 'Plant and capital equipment' shall ment. the bill: (e) Title I of such Act is amended by include all construction projects: Provided, TITLE VI-AMENDMENTS TO THE SOLAR That those construction projects having a adding the following new section at the end HEATING AND COOLING DEMONSTRA­ thereof: total estimated cost of $500,000 or less may TION ACT OF 1974 be funded from operating expenses. However, FAIR ACCESS FOR SMALLER COMMUNITIES SEc. 601. Section 2(b) of the Solar Heating operating expenses may not be used to sup­ SEc. 120. The Secretary shall ·not establish plement active plant and capital equipment and Cooling Demonstration Act of 1974 is amended by striking out "development and requirements that limit or exclude the access construction projects.". demonstration within a five-year period" and of any community from assistance under this (b) Section 111(d) of such Act is amended title on the basis of the population of such by adding at the end thereof the following inserting in lieu thereof "development and demonstration within an eight-year period". community except as expressly authorized new paragraph: by statute. "(3) As used in this subsection, the term SEc. 602. Section 19(c) of the Solar Heating 'program' includes any of the categories and Cooling Demonstration Act of 1974 is amended by inserting after "aggregate" the H.R. 12433 listed in subsection (j) (1), and any con­ By Mr. GREEN: struction project included in category I as following: "and for the three succeeding fis­ -Page 42, after line 18, insert the following described in subparagraph (A) of such sub­ cal years such sums as may hereafter be au­ thorized in annual authorization Acts,". new section: section: Provided, That if the current total MORTGAGE LIMITS UNDER SECTION 221 (D) (3) estimated cost of any construction project in SEc. 603. The Secretary of Energy and the Secretary of Housing and Urban Develop­ Sec. 324. Section 221(d) (3) (ii) of the Na­ category I exceeds the estimated cost set tional Housing Act is amended- forth in the project by more than 25 per ment shall make such modifications in the comprehensive program plan prepared and ( 1) by striking out "$16,860", "$18,648", centum, such funds may be acquired from "$22,356", "$28,152", and "$31,884" and in­ other category I projects upon written notice transmitted under section 7 of the Solar Heating and Cooling Demonstration Act of serting in lieu thereof "$18,450", "$20,625", to the House Committee on Science and "$24,630", "$29,640", and "$34,846", respec­ Technology and to the senate Energy and 1974 as may be necessary or appropriate to reflect the amendment made by the first sec­ tively; and Natural Resources Committee." (2) by striking out "$19,680", "$22,356", SEc. 505. (a) In carrying out the programs tion of this title, and shall transmit the plan with such modifications to the President and "$26,496", "$33,120", and "$38,400" and in­ !or civilian energy research and development, serting in lieu thereof "$20,962", "$24,030", the Secretary shall provide a realistic and to each House of Congress within one hun­ dred and twenty days after the date of the "$29,220", "$37,800", and "$41,494", respec­ adequate opportunity for small business con­ tively. cerns to participate in such programs to the enactment of this title. optimum extent feasible consistent with the H.R. 12433 size and nature of the project and activities H.R. 12433 By Mr. WATKINS: involved. By Mrs. COLLINS of Illinois: (b) At least once every six months, or upon -Page 9 after line 2 "Insert the following request, the secretary shall submit to the -On page 24, after line 13 insert new para­ new subsection at the end of section 103 of appropriate committees of the House of Rep­ graph: the bill: resentatives and the senate a full report on (f) The Congress instructs the Secretary (e) Title I of such Act is amended by add­ the actions taken in carrying out subsection of the Department of Housing and Urban ing the following new section at the end (a) during the preceding six months, includ­ Development to seek to remove section 8 thereof: ing the extent to which small business con­ new construction authorization for the City FAIR ACCESS FOR SMALLER COMMUNITIES cerns are participating in the programs in­ of Chicago from the placement formula de­ SEc. 120. The Secretary shall not establish volved and in projects and activities of vari­ veloped in the case of Gautreaux vs. Hills, requirements that limit or exclude the access ous types and sizes within each such pro­ either through agreement with other parties of any community from assistance under this gram, and indicating the steps currently before the Federal District Court, or through title on the basis of the population of such being taken to assure such participation in appeal to the Circuit Court of Appeals. Re­ community except as expressly authorized by the future. designate paragraph (f) as paragraph (g). statute.

EXTENSIONS OF REMARKS SOLAR ENERGY chinery, including equipment to dry and development and I am sure my colleagues cure crops and for irrigation. It would respect his opinion as highly as I do. · provide for model solar farms, demon­ The article follows: HON. ED JONES stration projects, information and educa­ GET SOLAR ENERGY OFF THE GROUND OF TENNESSEE tion programs and loans through the (By James M. Jeffords) IN THE HOUSE OF REPRESENTATIVES Farmers Home Administration for solar Judging by the enthusiastic crowds and purposes. At this point, even though we shining statement by public officials which Friday, June 23, 1978 are told the administration has a great marked the recent Sun Day observances, one • Mr. JONES of Tennessee. Mr. deal of interest in energy matters, it has could easily get the impression that America's Speaker, I want to bring to your atten­ not seen fit to implement the agriculture transition to a solar society is well on its tion an article written by our colleague, solar program in any significant way. I way. Indeed, there is a growing body of official JAMES M. JEFFORDS, for the Christian think, without a doubt, solar energy can documentation showing the feasib111ty and Science Monitor, regarding some of the make one of its greatest contributions in clear desirability of such a transition. Within obstacles in the way of the development the area of agricultural production and t:'le past two months reports have been is­ of solar energy. I found the article most processing and that this program should sued by the President's Council on Environ­ perceptive and encourage all my col­ be fully implemented at the earliest pos­ mental Quality, the Department of Energy, leagues to read it. sible date. If bottlenecks have developed and the Office of Technology Assessment A related item I would like to men­ which lead to only one possible conclusion. within the Department of Agriculture, or Failure to make an aU-out national commit­ tion is that included in the Food and at OMB, or with the Department of ment to solar energy would be sheer insanity. Agriculture Act of 1977 was an agricul­ Energy, I would encourage the officials Beyond that, politically, solar energy has tural solar energy and research develop­ involved to take whatever steps are ap­ become one of those issues like civil rights ment program, sponsored by Represent­ propriate including coming back to the or world peace which everybody supports in ative GEORGE BROWN, JR., which was Hill for additional legislation in order their public statements. Any opposition to one of the first pieces of solar legislation to get this program off the ground. any solar initiative is now routinely preceded to pass this Congress. This program by the phrase, "I'm all for solar energy, The following article by Representa­ but... " w~uld. provide for research into the ap­ tive JEFFORDS, cochairman of the En­ So by all appearances, the solar band­ pbcatlOn for solar energy with respect to vironmental Study Conference, is very wagon is rolling along an open highway with farm buildings, farm homes, farm rna- instructive on the problems facing solar little traffic.

Statements or insertions which are not spoken by the Member on the floor will be identified by the use of a "bullet" symbol, i.e., e CXXIV 1185 Part 14