[Congressional Record Volume 142, Number 113 (Monday, July 29, 1996)]
[Senate]
[Pages S9075-S9077]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

       THE ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 1997

                                 ______
                                 

                BUMPERS (AND HARKIN) AMENDMENT NO. 5096

  Mr. BUMPERS (for himself, and Mr. Harkin) proposed an amendment to 
the bill (S. 1959) making appropriations for energy and water 
development for the fiscal year ending September 30, 1997, and for 
other purposes; as follows:

       On page 23, line 8, reduce the amount by $268,600,000.
                                 ______
                                 

                      WELLSTONE AMENDMENT NO. 5097

  Mr. JOHNSTON (for Mr. Wellstone) proposed an amendment to the bill, 
S. 1959, supra; as follows:

       On page 19, line 4, strike ``expended.'' and insert in lieu 
     thereof ``expended; Provided, That funds appropriated for 
     energy supply, research and development activities shall be 
     reduced by four-tenths of one percent from each program and 
     that the amount of the reduction shall be available for the 
     biomass power for rural development program.''
                                 ______
                                 

                         KYL AMENDMENT NO. 5098

  Mr. KYL proposed an amendment to the bill, S. 1959, supra; as 
follows:

       On page 14, line 1, strike ``$410,499,000'' and insert 
     ``397,096,700''.
       On page 14, line 5, strike ``$71,728,000'' and insert 
     ``$58,325,700''.
       On page 14, line 14, before the colon insert'': Provided 
     further, the amounts allocated by the Committee on 
     Appropriations of each House in accordance with sections 
     602(a) and 602(b) of the Congressional Budget Act of 1974 and 
     pursuant to the concurrent resolution on the budget for 
     fiscal year 1997 shall be adjusted downward by $13,402,300 
     and the revised levels of budget authority and outlays shall 
     be submitted to each House by the chairman of the Committee 
     on the Budget of that House and shall be printed in the 
     Congressional Record''.
                                 ______
                                 

               DOMENICI (AND JOHNSTON) AMENDMENT NO. 5099

  Mr. DOMENICI (for himself and Mr. Johnston) proposed an amendment to 
amendment No. 5098 proposed by Mr. Kyl to the bill, S. 1959, supra; as 
follows:

       In amendment No. 5098, strike lines 3 through 9 and insert 
     in lieu thereof:
       On page 19, line 3, strike ``2,749,043,000,'' and insert in 
     lieu thereof ``2,764,043,000,'' and on page 20, line 9, 
     strike ``220,200,000'' and insert in lieu thereof 
     ``205,200,000.''
       Insert where appropriate: ``Technology development for the 
     defense environmental restoration and waste management.--
     Within available funds, up to $2,000,000 is provided for 
     demonstration of stir-melter technology developed by the 
     Department and previously intended to be used at the Savannah 
     River Site. In carrying out this demonstration, the 
     Department is directed to seek alternative use of this 
     technology in order to maximize the investment already made 
     in this technology.''
       Insert where appropriate: ``Maintenance of security at 
     gaseous diffusion plants.--Section 161k. of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2201k.) Is amended by striking 
     ``subsection:'' and inserting the following: ``subsection. 
     With respect to the Paducah Gaseous Diffusion Plant, 
     Kentucky, and the Portsmouth Gaseous Diffusion Plant, Ohio, 
     the guidelines shall require, at a minimum, the presence of 
     an adequate number of security guards carrying sidearms at 
     all times to ensure maintenance of security at the gaseous 
     diffusion plants;''.
       Insert where appropriate: ``Technical correction to the 
     USEC privatization act.--Section 3110(b) of the USEC 
     Privatization Act (Public Law 104-134, title III, chapter 1, 
     subchapter A) is amended by striking paragraph (3) and 
     inserting the following:
       ``(3) The Corporation shall pay to the Thrift Savings Fund 
     such employee and agency contributions as are required or 
     authorized by sections 8432 and 8351 of title 5, United 
     States Code, for employees who elect to retain their coverage 
     under CSRS or FERS pursuant to paragraph (1).''
       Insert where appropriate: ``Provided that, funds made 
     available by this Act for Departmental Administration may be 
     used by the Secretary of Energy to offer employees voluntary 
     separation incentives to meet staffing and budgetary 
     reductions and restructuring needs through September 30, 1997 
     consistent with plans approved by the Office of Management 
     and Budget. The amount of each incentive shall be equal to 
     the smaller of the employee's severance pay, or $20,000. 
     Voluntary separation recipients who accept employment with 
     the Federal government, or enter into a personal services 
     contract with the Federal government within five years after 
     separation shall repay the entire amount to the Department of 
     Energy.
       On page 2, between lines 24 and 25, insert the following: 
     ``Tahoe Basin Study, Nevada and California, $200,000; Walker 
     River Basin restoration study, Nevada and California, 
     $300,000;''
       On page 3, line 20, strike: ``construction costs for 
     Montgomery Point Lock and Dam, Arkansas, and''
       On page 13, line 21, after ``expended'' insert ``:Provided 
     further, That within available funds, $150,000 is for 
     completion of the feasibility study of alternatives for 
     meeting the drinking water needs of Cheyenne River Sioux 
     Reservation and surrounding communities''
       On page 7, line 19, add the following before the period: 
     ``:Provided further, That the Secretary of the Army is 
     directed to use $600,000 of funding provided herein to 
     perform maintenance dredging of the Cocheco River navigation 
     project, New Hampshire.''
       On page 5, after line 2, insert the following: ``Mill 
     Creek, Ohio, $500,000;''.
       On page 5, line 8 strike: ``$6,000,000'' and insert in lieu 
     thereof: ``$8,000,000''.
       On page 23, line 22, strike ``$5,615,210,000'' and insert 
     ``$5,605,210,000''; and on page 23, line 8, strike 
     ``$3,978,602,000'' and insert ``$3,988,602,000''.
       On page 14, on line 12, after ``amended'' insert 
     ``$12,500,000 shall be available for the Mid-Dakota Rural 
     Water System''.
       On page 6, line 24, strike ``$1,700,358,000'' and insert: 
     ``$1,688,358,000''.
       On page 3, line 15, strike ``$1,024,195,000'' and insert 
     ``$1,049,306,000''.
       On page 5, line 25, insert the following before the period: 
     ``: Provided further, That the Secretary of the Army, acting 
     through the Chief of Engineers, is authorized and directed to 
     initiate construction on the following projects in the 
     amounts specified:
       ``Lake Harbor, Alaska, 4,000,000;
       ``Helena and Vicinity, Arkansas, $150,000;
       ``San Lorenzo, California, $200,000;
       ``Panama City Beaches, Florida, $400,000;
       ``Chicago Shoreline, Illinois, $1,300,000;

[[Page S9076]]

       ``Pond Creek, Jefferson City, Kentucky, $3,000,000;
       ``Boston Harbor, Massachusetts, $500,000;
       ``Poplar Island, Maryland, $5,000,000;
       ``Natchez Bluff, Mississippi, $5,000,000;
       ``Wood River, Grand Isle, Nebraska, $1,000,000;
       ``Duck Creek, Cincinnati, Ohio, $466,000;
       ``Saw Mill River, Pittsburgh, Pennsylvania, $500,000;
       ``Upper Jordan River, Utah, $1,100,000;
       ``San Juan Harbor, Puerto Rico, $800,000; and
       ``Allendale Dam, Rhode Island, $195,000: Provided further, 
     That no fully allocated funding policy shall apply to 
     construction of the projects listed above, and the Secretary 
     of the Army is directed to undertake these projects using 
     continuing contracts where sufficient funds to complete the 
     projects are not available from funds provided herein or in 
     prior years''.
       On page 14, line 1, strike ``$410,499,000'' and insert: 
     ``$398,596,700''.
       On page 15, line 13, insert the following before the 
     period: ``: Provided further, That $1,500,000 shall be 
     available for construction of McCall Wastewater Treatment, 
     Idaho facility, and $1,000,000 shall be available for the 
     Devils Lake Desalination, North Dakota Project''.
       On page 29, between lines 5 and 6, insert the following:


                        ``salaries and expenses

       ``For expenses necessary to carry out the functions of the 
     United States member of the Delaware River Basin Commission, 
     as authorized by law (75 Stat. 716), $342,000.''
       On page 33, between lines 7 and 8, insert the following:


                        ``salaries and expenses

       ``For expenses necessary to carry out the functions of the 
     United States member of the Susquehana River Basin Commission 
     as authorized by law (84 Stat. 1541), $322,000.''
       On page 17, line 19, strike: ``48,971,000'' and insert 
     ``$48,307,000''.
       On page 7, line 19, insert the following before the period: 
     ``Provided further, That $750,000 is for the Buford-Trenton 
     Irrigation District, Section 33, erosion control project in 
     North Dakota''.
                                 ______
                                 

                 GRAMS (AND McCAIN) AMENDMENT NO. 5100

  Mr. GRAMMS (for himself and Mr. McCain) proposed an amendment to the 
bill S. 1959, supra; as follows:

       On page 28, line 16, strike ``$165,000,000'' and insert 
     ``155,331,000''.
       On page 28, line 17, at the end of the sentence, add the 
     following: ``The Commission shall provide the House and 
     Senate Appropriations Committee a specific plan for 
     downsizing.''
                                 ______
                                 

              ROCKEFELLER (AND OTHERS) AMENDMENT NO. 5101

  Mr. JOHNSTON (for Mr. Rockefeller, for himself, Mr. Craig, Mr. Byrd, 
Mr. Bingaman, Mr. Kempthorne, Mr. Domenici, and Mr. Cohen) proposed an 
amendment to the bill, S. 1959, supra; as follows:

       At the appropriate place, insert:

     SECTION 1. FINDINGS

       The U.S.-Japan Semiconductor Trade Agreement is set to 
     expire on July 31, 1996;
       The Governments of the United States and Japan are 
     currently engaged in negotiations over the terms of a new 
     U.S.-Japan agreement on semiconductors;
       The President of the United States and the Prime Minister 
     of Japan agreed at the G-7 Summit in June that their two 
     governments should conclude a mutually acceptable outcome of 
     the semiconductor dispute by July 31, 1996, and that there 
     should be a continuing role for the two governments in the 
     new agreement;
       The current U.S.-Japan Semiconductor Trade Agreement has 
     put in place both government-to-government and industry-to-
     industry mechanisms which have played a vital role in 
     allowing cooperation to replace conflict in this important 
     high technology sector such as by providing for joint 
     calculation of foreign market share in Japan, deterrence of 
     dumping, and promotion of industrial cooperation in the 
     design-in of foreign semiconductor devices;
       Despite the increased foreign share of the Japanese 
     semiconductor market since 1986, a gap still remains between 
     the share U.S. and other foreign semiconductors makers are 
     able to capture in the world market outside of Japan through 
     their competitiveness and the sales of these suppliers in the 
     Japanese market, and that gap is consistent across the full 
     range of semiconductor products as well as a full range of 
     end-use applications;
       The competitiveness and health of the U.S. semiconductor 
     industry is of critical importance to the United States' 
     overall economic well-being as well as the nation's high 
     technology defense capabilities;
       The economic interests of both the United States and Japan 
     are best served by well-functioning, open markets and 
     deterrence of dumping in all sectors, including 
     semiconductors;
       The Government of Japan continues to oppose an agreement 
     that (1) ensures continued calculation of foreign market 
     share in Japan according to the formula set forth in the 
     current agreement, and (2) provides for continuation of 
     current measures to deter renewed dumping of semiconductors 
     in the United States and in the third country markets; and
       The United States Senate on June 19, 1996, unanimously 
     adopted a sense of the Senate resolution that the President 
     should take all necessary and appropriate actions to ensure 
     the continuation of a government-to-government U.S.-Japan 
     semiconductor trade agreement before the current agreement 
     expires on July 31, 1996:
       Sec. 2. It is the sense of the Senate that if a new U.S.-
     Japan Semiconductor Agreement is not concluded by July 31, 
     1996, that (a) ensures continued calculation of foreign 
     market share in Japan according to the formula set forth in 
     the current agreement, and (b) provides for continuation of 
     current measures to deter renewed dumping of semiconductors 
     in the United States and in third country markets, the 
     President shall--
       (1) Direct the Office of the United States Trade 
     Representatives and the Department of Commerce to establish a 
     system to provide for unilateral U.S. Government calculation 
     and publication of the foreign share of the Japanese 
     semiconductor market, according to the formula set forth in 
     the current agreement;
       (2) Report to the Congress on a quarterly basis regarding 
     the progress, or lack thereof, in increasing foreign market 
     access to the Japanese semiconductor market; and
       (3) Take all necessary and appropriate actions to ensure 
     that all U.S. trade laws with respect to foreign market 
     access and injurious dumping are expeditiously and vigorously 
     enforced with respect to U.S.-Japan semiconductor trade, as 
     appropriate.
                                 ______
                                 

                        SIMON AMENDMENT NO. 5102

  Mr. DOMENICI (for Mr. Simon) proposed an amendment to the bill, S. 
1959, supra; as follows:

       On page 19 line 4 add the following before the period: '': 
     Provided, That $5,000,000 shall be available for research 
     into reducing the costs of converting saline water to fresh 
     water''.
                                 ______
                                 

                KEMPTHORNE AND CRAIG AMENDMENT NO. 5103

  Mr. DOMENICI (for Mr. Kempthorne, for himself, and Mr. Craig) 
proposed an amendment to the bill, S. 1959, supra; as follows:

       At the appropriate place, insert the following: ``Of 
     amounts appropriated for the Defense Environmental 
     Restoration and Waste Management Technology Development 
     Program, $5,000,000 shall be available for the 
     electrometallurgical treatment of spent nuclear fuel at 
     Argonne National Laboratory.''.
                                 ______
                                 

                      HATFIELD AMENDMENT NO. 5104

  Mr. DOMENICI (for Mr. Hatfield) proposed an amendment to the bill, S. 
1959, supra; as follows:

       On page 37 add the following new section:

     SEC.   . OPPORTUNITY FOR REVIEW AND COMMENT BY STATE OF 
                   OREGON ON CERTAIN REMEDIAL ACTIONS AT HANFORD 
                   RESERVATION, WASHINGTON.

       (a) Opportunity.--
       (1) Subject to subsection (b), the Site Manager at the 
     Hanford Reservation, Washington, shall, in consultation with 
     the signatories to the Tri-Party Agreement, provide the State 
     of Oregon an opportunity to review and comment upon any 
     information the Site Manager provides the State of Washington 
     under the Hanford Tri-Party Agreement if the agreement 
     provides for the review and comment upon such information by 
     the State of Washington.
       (2) In order to facilitate the review and comment of the 
     State of Oregon under paragraph (1), the Site Manager shall 
     provide information referred to in that paragraph to the 
     State of Oregon at the same time, or as soon thereafter as is 
     practicable, that the Site Manager provides such information 
     to the State of Washington.
       (b) Construction.--This section may not be construed--
       (1) to require the Site Manager to provide the State of 
     Oregon sensitive information on enforcement under the Tri-
     Party Agreement or information on the negotiation, dispute 
     resolution, or State cost recovery provisions of the 
     agreement;
       (2) to require the Site Manager to provide confidential 
     information on the budget or procurement at Hanford under 
     terms other than those provided in the Tri-Party Agreement 
     for the transmission of such confidential information to the 
     State of Washington;
       (3) to authorize the State of Oregon to participate in 
     enforcement actions, dispute resolution, or negotiation 
     actions, conducted under the provisions of the Tri-Party 
     Agreement;
       (4) to authorize any delay in the implementation of 
     remedial, environmental management, or other programmatic 
     activities at Hanford; or
       (5) to obligate the Department of Energy to provide 
     additional funds to the State of Oregon.

     SEC.   . SENSE OF THE SENATE, HANFORD MEMORANDUM OF 
                   UNDERSTANDING.

       It is the sense of the Senate that--
       (1) the State of Oregon has the authority to enter into a 
     memorandum of understanding with the State of Washington, or 
     a memorandum of understanding with the State of Washington 
     and the Site Manager of the Hanford Reservation, Washington, 
     in

[[Page S9077]]

     order to address issues of mutual concern to such States 
     regarding the Hanford Reservation; and
       (2) such agreements are not expected to create any 
     additional obligation of the Department of Energy to provide 
     funds to the State of Oregon.
                                 ______
                                 

                       McCAIN AMENDMENT NO. 5105

  Mr. DOMENICI (for Mr. McCain) proposed an amendment to the bill, S. 
1959, supra; as follows:

       Strike section 503 of the bill.
                                 ______
                                 

                      FEINGOLD AMENDMENT NO. 5106

  Mr. FEINGOLD proposed an amendment to the bill, S. 1959, supra; as 
follows:

       On page 14, lines 1 through 5, strike ``$410,499,000, to 
     remain available until expended, of which $23,410,000 shall 
     be available for transfer to the Upper Colorado River Basin 
     Fund authorized by section 5 of the Act of April 11, 1956 (43 
     U.S.C. 620d),'' and insert ``$400,999,000, to remain 
     available until expended, for which $13,910,000 shall be 
     available for transfer to the Upper Colorado River Basin Fund 
     authorized by section 5 of the Act of April 11, 1956 (43 
     U.S.C. 620d) (of which no amount may be used for the Animas-
     LaPlata Participating Project),''.
                                 ______
                                 

                      HUTCHISON AMENDMENT NO. 5107

  Mr. DOMENICI (for Mrs. Hutchison) proposed an amendment to the bill, 
S. 1959, supra; as follows:

       On page 37, add the following after line 25:
       Sec.   . Corpus Christi Emergency Drought Relief.--For the 
     purpose of providing emergency drought relief, the Secretary 
     of the Interior shall defer all principal and interest 
     payments without penalty or accrued interest for a period of 
     one year for the city of Corpus Christi, Texas, and the 
     Nueces River Authority under contract No. 6-07-01-X0675 
     involving the Nueces River Reclamation Project, Texas.
       Sec.   . Canadian River Municipal Water Authority Emergency 
     Drought Relief.--The Secretary shall defer all principal and 
     interest payments without penalty or accrued interest for a 
     period of one year for the Canadian River Municipal Water 
     Authority under contract No. 14-06-500-485 as emergency 
     brought relief to enable construction of additional water 
     supply and conveyance facilities.
                                 ______
                                 

                      McCONNELL AMENDMENT NO. 5108

  Mr. DOMENICI (for Mr. McConnell) proposed an amendment to the bill, 
S. 1959, supra; as follows:

       On page 20 after line 2 add the following:
       Section 161k. of the Atomic Energy Act of 1954 (42 U.S.C. 
     2201k) with respect to the Paducah Gaseous Diffusion Plant, 
     Kentucky, and the Portsmouth Gaseous Diffusion Plant, Ohio, 
     the guidelines shall require, at a minimum, the presence of 
     an adequate number of security guards carrying side arms at 
     all times to ensure maintenance of security at the gaseous 
     diffusion plants;''.
       Section 311(b) of the USEC Privatization Act (Public Law 
     104-134, title III, chapter 1, subchapter A) insert the 
     following:
       ``(3) The Corporation shall pay to the Thrift Savings Fund 
     such employee and agency contributions as are required or 
     authorized by sections 8432 and 8351 of title 5, United 
     States Code, for employees who elect to retain their coverage 
     under CSRS or FERS pursuant to paragraph (1).''
                                 ______
                                 

                       CHAFEE AMENDMENT NO. 5109

  Mr. DOMENICI (for Mr. Chafee) proposed an amendment to the bill, S. 
1959, supra; as follows:

       On page 5 add the following between lines 2 and 3: 
     ``Seelconk River, Rhode Island bridge removal, $650,000;''.
                                 ______
                                 

                    BOXER AMENDMENTS NOS. 5110-5111

  Mr. DOMENICI (for Mrs. Boxer) proposed two amendments to the bill, S. 
1959, supra; as follows:

                           Amendment No. 5110

       On page 7, line 6, after ``facilities'', insert the 
     following: ``, and of which $500,000 shall be made available 
     for the maintenance of Compton Creek Channel, Los Angeles 
     County drainage area, California''.
                                                                    ____


                           Amendment No. 5111

       On page 2, between lines 24 and 25, insert the following:
       Bolinas Lagoon restoration study, Marin County, California, 
     $500,000;

                          ____________________