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Records of the White House Office of Speechwriting (George H. W. Bush Administration)
Tony Snow Subject Files
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Originally Processed With FOIA(s):
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This is not a textual record. This is used as an
administrative marker by the George Bush Presidential
Library Staff.
Record Group/Collection:
George H.W. Bush Presidential Records
Collection/Office of Origin:
Speechwriting, White House Office of
Series:
Snow, Tony, Files
Subseries:
Subject File, 1988-1993
OA/ID Number:
13893
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13893-014
Folder Title:
[Department Agency Reports A-F, 10/91-12/91]
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18
29
2
1
THE WHITE HOUSE
WASHINGTON
September 19, 1991
MEMORANDUM FOR PARTICIPANTS IN THE FALL ISSUES REVIEW
FROM:
EDE HOLIDAHA
SUBJECT:
Fall Issues Review
Attached is a complete set of department and agency reports for
the 1991 Fall Issues Review. Our meetings to discuss these
reports and other issues with department and agency staff begin
on September 24. An updated calendar of meetings can be found at
TAB A, and a list of participants can be found at TAB B. Unless
otherwise noted, all meetings will take place in the Roosevelt
Room.
Once again let me express my gratitude to you for the generous
amounts of time you are willing to devote to these meetings. I
am confident that these meetings will be helpful to the White
House staff and the President's Cabinet, as they have been in the
past.
Attachments
FALL ISSUES REVIEW
OF
PRESIDENT THE OF THE INITED UNITED LLS
4
Department and Agency Reports
for the period
October 1991 - December 1991
The White House
Office of Cabinet Affairs
September 1991
TABLE OF CONTENTS
SCHEDULE OF MEETINGS
TAB A
PARTICIPANTS LIST
TAB B
DEPARTMENT OF AGRICULTURE
TAB C
DEPARTMENT OF COMMERCE
TAB D
DEPARTMENT OF EDUCATION
TAB E
DEPARTMENT OF ENERGY
TAB F
DEPARTMENT OF HEALTH AND
TAB G
HUMAN SERVICES
DEPARTMENT OF HOUSING AND
TAB H
URBAN DEVELOPMENT
DEPARTMENT OF INTERIOR
TAB I
DEPARTMENT OF JUSTICE
TAB J
DEPARTMENT OF LABOR
TAB K
DEPARTMENT OF TRANSPORTATION
TAB L
DEPARTMENT OF TREASURY
TAB M
U. S. TRADE REPRESENTATIVE
TAB N
DEPARTMENT OF VETERANS AFFAIRS
TAB 0
AGENCY FOR INTERNATIONAL
TAB P
DEVELOPMENT
ENVIRONMENTAL PROTECTION AGENCY
TAB Q
FEDERAL EMERGENCY MANAGEMENT AGENCY
TAB R
NATIONAL AERONAUTICS AND SPACE
TAB S
ADMINISTRATION
OFFICE OF NATIONAL DRUG CONTROL
TAB T
POLICY
OFFICE OF PERSONNEL MANAGEMENT
TAB U
PEACE CORPS
TAB V
SMALL BUSINESS ADMINISTRATION
TAB W
U.S. INFORMATION AGENCY
TAB XYZ
September-October 1991
September 23
MONDAY
September 30
10:00am Department of Agriculture
11:00am Department of Energy
September 24
TUESDAY
October 1
10:00am Department of Labor
10:00am Department of Justice
11:00am United State Trade Representative
11:00am Office of National Drug Control Policy
September 25
WEDNESDAY
October 2
4:00pm Department of Interior
10:00am Department of Treasury
5:00pm Department of Health and Human Services
11:00am Department of Veterans Affairs
September 26
THURSDAY
October 3
3:00pm Department of Education
10:00am Department of Housing and Urban
Development
11:00am Environmental Protection Administration
September 27
FRIDAY
October 4
10:00am Department of Commerce
11:00am Department of Transportation
9/17/1991
SCHEDULE OF DEPARTMENTAL MEETINGS
1991 FALL ISSUES REVIEW
Tuesday, September 24
10:00-11:00 a.m.
Labor (Roosevelt Room)
11:00-12:00 p.m.
USTR (Roosevelt Room)
Wednesday, September 25
4:00-5:00 p.m.
Interior (Roosevelt Room)
5:00-6:00 p.m.
Health and Human Services (Roosevelt Room)
Thursday, September 26
3:00-4:00 p.m.
Education (Roosevelt Room)
Monday, September 30
10:00-11:00 a.m.
Agriculture (Roosevelt Room)
11:00-12:00 p.m.
Energy (Roosevelt Room)
Tuesday, October 1
10:00-11:00 a.m.
Justice (Roosevelt Room)
11:00-12:00 p.m.
Office National Drug Control Policy (Roosevelt Room)
Wednesday, October 2
10:00-11:00 a.m.
Treasury (Roosevelt Room)
11:00-12:00 p.m.
Veterans Affairs (Roosevelt Room)
Thursday, October 3
10:00-11:00 a.m.
Housing and Urban Development (Roosevelt Room)
11:00-12:00 p.m.
EPA (Roosevelt Room)
Friday, October 4
10:00-11:00 a.m.
Commerce (Roosevelt Room)
11:00-12:00 p.m.
Transportation (Roosevelt Room)
THE WHITE HOUSE
WASHINGTON
1991 FALL ISSUES REVIEW
WHITE HOUSE PARTICIPANTS:
Ede Holiday, Chair
Andy Card
Phil Brady
Dave Demarest
Dorrance Smith
Gregg Petersmeyer
Roger Porter
Charlie Kolb
Bobbie Kilberg
Jim Pinkerton
Steve Hart
Gary Blumenthal
Ron Kauffman
Deb Amend
Dave Carney
Gary Foster
Judy Smith
Leigh Ann Metzger
Tony Snow (or designated speechwriter)
Barrie Tron
Ken Yale
As appropriate to each department:
Bob Grady, Janet Hale or Tom Scully
As appropriate to each department:
Richard Porter or French Hill
As appropriate to each department:
Daniel Casse, Jim Fitzhenry, Alison Kutchins, Claire
Sechler or Kathy Shanahan
AGRICULTURE
Ann Veneman (Deputy Secretary)
Cameron Bruemmer (Assistant Secretary for Public Affairs)
Bill O'Connor (Executive Assistant to the Secretary)
COMMERCE
Tom Collamore (Chief of Staff and Assistant Secretary)
Marci Robinson (Director of Public Affairs)
Dwight Holloway (Director of Policy)
EDUCATION
David Kearns (Deputy Secretary)
Stephen Danzansky (Chief of Staff)
Leslye Arsht (Director of Communication)
Michael Jackson (Director of America 2000)
ENERGY
Henson Moore (Deputy Secretary)
Polly Gault (Chief of Staff)
M.J. Jameson (Director for Public Affairs)
Linda Stuntz (Deputy Under Secretary for Policy)
HHS
Michael Calhoun (Chief of Staff)
Robin Carle (Executive Secretary)
Alixe Glen (Assistant Secretary for Public Affairs)
HUD
Al Dellibovi (Deputy Secretary)
Scott Reed (Chief of Staff)
Mary Brunette (Assistant Secretary for Public Affairs)
INTERIOR
Tom Weimer (Chief of Staff)
John Schrote (Assistant Secretary for Policy, Management and
Budget)
Steve Goldstein (Director of Public Affairs)
JUSTICE
William Barr (Acting Attorney General)
Tony Schall (Assistant to the Attorney General)
LABOR
John Schall (Chief of Staff)
Steve Hoffman (Assistant Secretary for Public Affairs)
David Fortney (Deputy Solicitor)
TRANSPORTATION
John Gaughan (Chief of Staff)
Jeff Shane (Assistant Secretary for Policy and International
Affairs)
Marion Blakey (Assistant Secretary for Public Affairs)
TREASURY
John Robson (Deputy Secretary)
Hollis McLoughlin (Assistant Secretary for Policy Management)
Blair Downing (Executive Secretariat)
Desiree Tucker-Sorini (Assistant Secretary for Public Affairs)
USTR
Jules Katz (Ambassador)
Gary Edson (Chief of Staff)
David Weiss (Executive Secretariat)
Torie Clark (Assistant U.S. Trade Representative for Public
Affairs and Private Sector Liaison)
VETERAN AFFAIRS
Tony Principi (Deputy Secretary)
Diane Landis (Chief of Staff)
Ed Timperlake (Assistant Secretary for Public Affairs)
EPA
Hank Habicht (Deputy Administrator)
Gordon Binder (Chief of Staff)
ONDCP
John Walters (Chief of Staff)
Bruce Carnes Director of Planning, Budget and Administration)
Bill Smith (Deputy Chief of Staff)
United States
Department of Agriculture
STATES DINITED 1862 DEPARTMENT COMMERCE CE OF
AGRICULTURE
IS
THE
AND
/FOUNDATION OF MANUFACTURE HIII
1991
FALL
ISSUES
September 13, 1991
MEMORANDUM FOR EDE HOLIDAY
ASSISTANT TO THE PRESIDENT
AND SECRETARY OF THE CABINET
FROM:
SECRETARY EDWARD MADIGAN
EM
SUBJECT: 1991 Fall Issues Assessment
The following report summarizes key issues and activities at the Department of
Agriculture for September 15 to December 31, 1991.
I. HIGHEST PRIORITIES -- SUMMARY LISTING
1. Secretarial assessment of the Soviet Union's food needs and food
distribution system. Coordination and implementation of food assistance
policy for the Soviet Union.
2. Successful completion of the Uruguay Round of the GATT including
agricultural trade liberalization.
3. Maintaining the policy framework of the Food, Agriculture,
Conservation, and Trade Act of 1990 as pressure continues from Congress
to address low dairy prices and crop losses due to natural disasters.
4. Continued negotiations leading to a North American Free Trade
Agreement.
5. Continued work towards a balanced solution to the conflict between
protection of endangered species and use of natural resources.
6. Promotion of nutrition education as a part of the President's education
initiative "America 2000".
7. Promotion of biofuels as a part of the President's energy initiative.
8. Continued work to provide a solid regulatory basis for food safety.
9. Promotion of "Easy Access for Farmers" initiative which reduces the
paperwork required of farmers who participate in farm programs.
10. Continued work to develop a responsible budget and to implement
policies to increase the efficiency of the Department.
2
II. SURVEY OF KEY ISSUES
SECRETARIAL ACTIVITIES
September 16. Secretary Madigan will hold a press conference in Washington, D.C. to
announce the pilot program, "Easy Access for Farmers" a Secretarial initiative to reduce
the burden of Government requirements and procedures from farmers participating in
commodity price and income support programs.
September 17. Secretary Madigan will meet with European Community Agriculture
Commissioner Raymond MacSharry in Washington, D.C., to discuss GATT negotiations
and bilateral issues. There may be a series of such meetings through the end of the year
in pursuit of bringing the GATT round to a successful conclusion.
September 24. Deputy Secretary Ann Veneman will represent the United States at
meetings of the Inter-American Ministers of Agriculture (ICMA) and the Inter-American
Board of Agriculture (IABA) in Madrid, Spain. The ICMA is held under the auspices of
the Organization of American States and the IABA is the governing body of the Inter-
American Institute for Cooperation on Agriculture (IICA). Every four or five years, the
ICMA and IABA meet concurrently. The 1991 meeting is being held in Madrid to
commemorate the 500th Anniversary of the Discovery of the New World.
September 27. Secretary Madigan will participate in fund-raising events in Fresno,
Ontario, and Palm Springs, California. The proceeds will be used to assist Republicans
in the California General Assembly.
September 28. Secretary Madigan will participate in events in California coordinated by
the California Republican Party. The details of the events are still being finalized.
September 30 - October 8. (Travel dates still tentative) Secretary Madigan will lead a
public/private mission on behalf of the President to the Soviet Union to assess food
assistance needs and to gather information for the formulation of U.S. food assistance
policy.
October 10. Secretary Madigan will participate in fund-raising activities in New Jersey
for the New Jersey General Assembly and Congressman Jim Saxton.
October 14. Secretary Madigan will participate in fund-raising events for Senator Dan
Coats. Details are still being finalized.
October 16. Secretary Madigan will participate in World Food Day activities and School
Lunch Program activities in Washington, D. C.
October 17. Secretary Madigan will address the Minnesota Agri-growth Council's
3
Annual Meeting in Minneapolis, Minnesota.
October 21. Secretary Madigan will speak to the luncheon meeting of the Georgia
Republican Foundation, in Buckhead, Georgia.
October 26. Secretary Madigan will be in California to participate in fund-raising events
for Senator Seymour.
November 7. Secretary Madigan will meet with Ambassador Richard Moore in Dublin,
Ireland in preparation for meetings with the Irish Minister of Agriculture. Secretary
Madigan meet with Minister Michael O'Kennedy to discuss agricultural issues. Later in
the day, Secretary Madigan will participate in consultations to plan the 1992 program of
activities under the U.S - Ireland Cooperative Science and Agribusiness Program.
November 8-28. Secretary Madigan is expected to head the U.S. Delegation to the Food
and Agriculture Organization (FAO) Conference in Rome, Italy. The Conference is the
FAO governing body. In recent years, more than 100 Ministers of Agriculture have
attended the Conference. Secretary Madigan will also meet with other Ministers of
Agriculture to discuss trade issues.
November 11. Deputy Secretary Veneman will address the National Association of State
Universities and Land Grant Colleges in Washington, D.C.
December 2. Secretary Madigan will present the keynote address to the 49th Annual
Professional Agricultural Workers Conference at Tuskegee University in Alabama.
December 2. Deputy Secretary Veneman will address the Annual Oregon Wheat
Growers Convention in Portland, Oregon.
December 3. Secretary Madigan will present the keynote address to USDA's Annual
Outlook Conference held in Washington, D.C.
INITIATIVES AND POLICIES UNDER DEVELOPMENT
SOVIET UNION
The recent events in the former Soviet Union have created the opportunity to bring
democracy and free markets to 300 million people, but these same events have
exacerbated the collapse of the failing Soviet economy in the short run. The greatest
single threat from the resulting economic chaos is the potential for real hunger during
the upcoming winter. The President, as a continuation of his previous initiative to
provide food distribution technical assistance to the Soviet Union, has designated USDA
as the lead agency to address the immediate problem of short term food assistance.
4
Under Secretary Richard Crowder will return September 17 from his food assessment
mission that will have covered four separate republics, as well as talks with the central
government in Moscow. Information gathered on this mission will lay the foundation for
an October 1st mission led by Secretary Madigan that will take private sector and
government technical experts back to the Soviet Union to advise on immediate
transportation and distribution needs as well as conducting talks aimed at providing food
assistance as requested and necessary.
Food assistance under consideration runs the gamut from additional commercial export
credit guarantees or direct loans to outright grants of consumer ready food in the event
of true famine conditions. Provision of this full range of assistance is possible under
existing statutory authorities, with only minor legislative changes needed to provide
contingency authorities for extreme food assistance needs. To date the United States has
provided $1.9 billion in GSM 102 export credit guarantees to the Soviets, with a further
$200 million scheduled for October 1 and another $400 million for February 1992. Most
recently in the wake of the failed coup attempt in Moscow, the President advanced $315
million in credit guarantees requested by the Soviets. Of that amount $100 million has
been utilized as of this publication.
In addition to determining the amount and type of food assistance needed, policy
decisions on the level of Soviet government (Central or Republic or both) to which
assistance will be extended and methods of coordination of effort with other countries
will be necessary. Also of major importance is the risk of overwhelming the internal
food economy with outside assistance, possibly creating a serious long term erosion of
the Soviet agricultural economy. In this country, Congress is already showing signs of a
legislative stampede to "save the Russians from starvation". Some of the ideas already
mentioned have implications for U.S. defense spending and overall budget ceilings that
are far out of proportion to the problem that now exists. To date Soviet purchases have
focused on sustaining the livestock herds through the winter as the primary problem,
though spot human food shortages due to chaotic distribution systems and potential
Soviet political problems can be expected.
Addressing this volatile and complex food assistance problem will be Secretary
Madigan's top priority in the closing months of this year.
USDA will also be laying the groundwork for additional technical assistance efforts that
will be needed throughout 1992 to modernize the inefficient Soviet food production and
distribution system and to help them organize free markets for their food systems. Also
since the Soviet central and republic governments are expected to continue as sizable
food importers for the foreseeable future, retaining a significant share of that large
agricultural export for U.S. farmers will be a major goal in 1992.
5
GATT
The United States remains committed to fundamental reform of world agricultural trade.
Fundamental reform will only occur if all participants in the negotiations, the European
Community in particular, abide by the commitment made at the London Summit to
negotiate specific, binding commitments in each of the three areas of internal support,
market access, and export subsidies.
The agriculture negotiations continue to progress slowly. Although European
Community (EC) officials constructively engaged in technical discussions in Geneva this
spring, they remained intransigent on several key issues. EC heads of state, at their late-
June Summit meeting, expressed their determination to successfully conclude the
Uruguay Round talks by the end of the year. The United States will try to get the EC to
fulfill that commitment by moving forward at the political and technical levels when the
negotiations resume in September. However, we remain committed to the goal of
fundamentally reforming agricultural trade and the U.S. will not sacrifice a substantial
agreement for the sake of meeting a deadline.
Secretary Madigan will devote a considerable proportion of his personal effort in a
search for a breakthrough in the negotiations at the political level.
NUTRITION EDUCATION
In conjunction with the President's "America 2000" initiative the Secretary of Agriculture
has focused on the need to increase nutrition education. Within the Department several
agencies will continue to coordinate activities to most effectively further nutrition
education. Goals focus on changing or reinforcing healthful eating habits for children and
low income adults, and increasing definitive nutrition information for the general public.
USDA has also been coordinating activities with the Department of Health and Human
Services to assure a consistent message is conveyed to the public.
USDA's proposed 1993 budget submitted to OMB redirects some agency funding to
provide funds for increasing data collection that reflects what Americans eat. This data
is critical for an evaluation of (1) the nutritional needs of high risk categories of people;
(2) food assistance programs; (3) pesticide residue risk assessment; (4) and, the
nutritional content of the average diet.
Significant events that will precipitate both meetings and media interest in the Fall will
be the promotion of National School Lunch Week, October 13-19 including a
Congressional School Lunch. National School Lunch will be celebrated throughout
FNS's Regional Offices with special visits made to schools by the Department's senior
managers. Several Regions will be offering commodity taste testing demonstrations.
The Agency will be issuing special press packages.
In November, Secretary Madigan will head the U.S. delegation to the Food and
Agriculture Organization (FAO) conference in Rome, Italy. FAO was established to
6
raise levels of nutrition and standards of living, to secure improvements in the efficiency
of production and distribution of all food and agricultural products.
BIOFUELS
The passage of the Clean Air Act Amendments of 1990 and the President's National
Energy Strategy proposal have created a new market opportunity for agriculturally
derived fuels such as ethanol. The Department is currently preparing a biofuels initiative
which will involve increased research and development activity, information and
education efforts and economic and environmental analysis.
On October 1st, Assistant Secretary Bruce Gardner will be speaking to a Washington
D.C. conference about ethanol and the Clean Air Act. In late October, the Secretary
may participate in a local event announcing Crown Central Petroleum Corporation's
switch to ethanol blended fuels in all of its East Coast's gasoline stations. Sometime
during the fall the Secretary will publicly announce the Department's biofuels initiative.
"EASY ACCESS FOR FARMERS"
With each passage of regulatory requirements for farms and farm programs comes a new
series of forms and documentation to be completed by program participants. When
Secretary Madigan was appointed, he indicated that one of the objectives of his
administration would be to "let farmers be farmers". Farmers have been burdened with
tedious, frustrating, voluminous amounts of paperwork that takes them from the farming
operation and into federal offices.
Last June a USDA task force met to compile ideas to increase USDA services to
producers and reduce paperwork for producers. On September 16, Secretary Madigan
will hold a press conference in Washington, D.C. to announce eight pilot projects to test
new ideas for paperwork reduction. These projects will be conducted in five areas of the
United States and will seek the advice and input of farmers. This is the first step toward
responding to the needs and concerns of producers to reduce government red tape.
USDA will continue to design, test, and implement new ideas for a more efficient, user
friendly system.
SIGNIFICANT PROBLEM AREAS
ORGANIZATION OF THE DEPARTMENT
There have been several General Accounting Office reports recently published analyzing
the organization and management structure in various agencies throughout the
Department. During the next months these critical reports will be reviewed and
appropriate steps will be taken to improve the efficiency of the Department. The 1993
USDA budget submitted to OMB is the first step toward correcting errors within the
Department. Implementation of the Chief Executive Officer's Act will also improve
detection and correction of errors within the Department.
7
TIMBER SALE SHORTFALLS
The FY 1991 timber sale program to be offered by the Forest Service for competitive
bidding is directed by Congress in the FY 1991 Appropriations Bill at 9.546 Billion
Board Feet (BBF). We expect the total timber offer actually accomplished in FY 1991
will be closer to 6.0 to 6.5 BBF. The shortfall is because the program continues to be
legally and administratively challenged around the country due to controversies
surrounding habitat protection for threatened and endangered species, entries into areas
without roads, and clearcutting. USDA will continue to seek mechanisms that will
resolve the competing demands of the Nation's timber needs and the desire on the part
of some environmentalists to stop logging in the Nation's Forests.
INCREASE IN FOOD STAMP PARTICIPATION
Rise in Food Stamp participation levels and weak state budgets are having a serious
impact on our State Food Stamp agencies. There are currently more than a dozen States
involved in litigation for failure to meet application process standards. Studies
conducted by USDA are not conclusive as to why participation is increasing. Reports
indicate that Food Stamp participation increases may be linked to increase public
awareness of the benefits available. Many persons who were unaware of the program or
eligibility have received information regarding the program and are now participating.
USDA will continue to analyze economic and social data to explain the increases.
LEGISLATIVE ACTIVITIES
EXPORT ENHANCEMENT PROGRAM
Congressman Dan Glickman (D-KS) is expected to introduce the "Food Trade
Modernization Act of 1991". The bill would call for a marketing loan program for
wheat and feed grains, removal of restrictions on the Export Enhancement Program, and
broaden the scope of export financing programs. This would be a liberalization of export
authorities previously tightened in the Food, Agriculture, Conservation, and Trade Act of
1990. Such legislation would have significant implications in the GATT.
Congressman Pat Roberts (R-KS) plans to introduce legislation which would "strengthen
the hand of U.S. negotiators in GATT talks." Current law provides that if there is no
progress on the GATT talks by June 30, 1992, the Secretary of Agriculture must
implement marketing loans for wheat and feed grains and increase export program
funding. Roberts' legislation would move that deadline to the end of this year and would
implement marketing loans at that time. His legislation also would restructure current
export programs to provide for across-the-board subsidized sales.
USDA expects additional legislative vehicles of this nature to be introduced.
TECHNICAL CORRECTIONS TO THE '90 FARM BILL
The House has passed a number of "technical corrections" to the 1990 Farm Bill. Some
of the proposed changes would affect many areas of the farm commodity program titles,
8
including the interchange of corn and grain sorghum bases, the calculation of wheat
deficiency payments, the planting of industrial and other crops on conserving use acre's
under the 0-50/92 programs, and other changes involving minor oilseeds. Similar
legislation is expected from the Senate.
DAIRY
Low milk prices earlier this spring and summer have led to House Agriculture
Committee action that would change the dairy price support structure and impose
mandatory "two-tier" supply control. The Administration has expressed the concern that
increases in milk price support levels would reduce consumption, offer the incentive to
raise production and through the production cycle, would create the need to prevent a
large build-up of dairy product surpluses. These proposals would not only raise retail
milk prices but would also increase the cost of providing food assistance benefits to our
country's most vulnerable citizens. Though it had early broad support, the two-tier plan
appears to be losing steam, due in large part to Administration criticism of the scheme.
It is likely that possible dairy legislation may shift directions in the Fall session.
Continually strengthening milk market prices cast doubt on whether changes in the dairy
statute will occur this Fall. It is clear the Administration's position has improved over
the summer.
DISASTER
The Administration said it would veto disaster legislation (H.R. 2893) which passed in
the House before the summer recess. This legislation would be extremely costly, and
some of the terminology used would greatly expand the universe of potential claims
beyond past disaster legislation. Further, these disaster assistance efforts undermine the
present crop insurance program, which the Congress has directed the Administration to
fix. House Appropriations Committees are also working on disaster assistance
legislation. OMB and USDA are developing an Administration response to disaster
funding requests seeking an acceptable funding level for such legislation.
MOST-FAVORED-NATION (MFN) STATUS FOR CHINA
During the recent market access talks, Chinese officials implied that U.S. failure to
renew MFN status for China could adversely affect our share of the Chinese import
market for wheat, cotton and other agricultural products. Although both Houses of
Congress passed bills attaching conditions to continued MFN before the summer recess,
the vote margin was not large enough to override a Presidential veto of such a bill.
AGRICULTURE APPROPRIATIONS
Fiscal 1992 spending measure (HR 2698) has been passed by both Houses and is
awaiting conference action. There are several items of concern for the Department and
which the Department will seek modification during the Conference.
Export credit guarantee programs. Given the current international situation, including
the GATT negotiations, it is important to preserve our flexibility to adjust export credit
9
guarantee programs to any circumstances. The operating level for credit guarantee
programs is established as a floor in both the Farm Bill and in the Appropriations Bill.
The Administration requested language for "such sums as are necessary". The Senate
accepted the Administration's proposal. The House bill provided a specific amount for
the subsidies connected with this program. This could frustrate the intended flexibility to
adjust the program level for guarantees in response to fast-changing international market
conditions and sales opportunities. The credit guarantee programs are exempt from the
requirement for an appropriation of budget authority under Section 504(c) of the
Federal Credit Reform Act of 1990. USDA will work to maintain flexibility in these
programs.
Food stamp program. Participation in the Food Stamp Program continues at record high
levels. Neither the House nor the Senate bills provides the "such sums as may be
necessary" language requested by the Administration to assure that funding will be
available. The Senate bill does provide a $3 billion contingency fund to be available
upon receipt of an official budget request from the President. The House provided a
contingency fund of $1.5 billion. USDA has asked the Conferees to adopt the Senate
provision at a minimum.
Pesticide data program. The Pesticide Data Program was developed in response to
consumer and producer concerns over pesticide residues in food. The program is a joint
effort involving four USDA agencies and EPA, FDA, and participating states. The
budget proposed to increase USDA funding for this program from $16.5 million in FY
1991 to $32 million in FY 1992 in order to finance the orderly expansion of this
program. The House bill funds this effort at $18.2 million, a level which is sufficient to
protect the progress made in FY 1991 but would not permit further expansion of the
program. The Senate bill provides no funding for the program. The Senate action
would result in discontinuation of program activities, and would eliminate the
development of information which is important to improving EPA's risk assessment
program. USDA is urging the Conferees to provide funding for the program and to
provide funding for the expansion.
Wetlands Reserve program. The President recently announced a comprehensive plan for
improving the protection of the nation's wetlands. The plan includes a commitment to
work with the Congress to fully fund the Wetlands Reserve Program which was
authorized in the 1990 Farm Bill to purchase easements on up to 1 million acres of
wetlands by 1995. The President's budget requested $124.4 million to begin the
implementation of this program in FY 1992. The House bill provides no funding, while
the Senate bill provides $91 million and limits the FY 1992 acreage to no more than
98,000 acres. USDA is asking the Conferees to provide funding at the budget level with
no acreage limit.
Other items. The Senate bill excluded funding for a renewed program of energy
research to develop biofuels from agricultural products. Additional research is need to
10
improve the position of agriculture-based alternative fuels in meeting demand for cleaner
fuels required by the Clean Air Act and the President's National Energy Strategy. The
Senate bill also excluded research funding for food safety, minor use pesticides and
environmental issues. USDA considers these priority items and will continue to
encourage the Conferees to fund appropriate amounts.
INTERIOR APPROPRIATIONS
Final action on the Appropriation Bill for the Interior and Related Agencies is pending
in the Senate. The House approved language would raise grazing fees on Bureau of
Land Management lands. USDA is concerned that the Senate or the Conference may
seek to apply the language to Forest Service lands. Other issues may also be debated
including timber sales, roads budgets, and patenting of mineral lands, and mineral
receipts. USDA will continue to monitor the progress of this legislation.
OLD-GROWTH BILLS
Six bills have been introduced in the House and two in the Senate dealing with
old-growth, spotted owls, and timber harvest levels on National Forest System lands in
the Pacific Northwest. House bills include H.R. 842 (Jontz D-IN), H.R. 1590 (Vento
D-MN), H.R. 1309 (Smith R-OR), H.R. 2463 (Huckaby D-LA), H.R. 3263 (Morrison
R-WA), and H.R. 2807 (AuCoin D-OR). In the Senate S. 1156 (Packwood R-OR)) and
S. 1536 (Adams D-WA) have been introduced. The Administration has testified on the
Jontz, Vento, Smith, and Huckaby bills in the House and the Packwood bill in the
Senate. During the Fall, additional hearings are anticipated and additional bills may also
be introduced.
CLEAN WATER ACT AMENDMENTS
Senators Baucus (D-MT) and Chafee (R-RI) have released a potential reauthorization of
the Clean Water Act (S. 1081). Future revision of the Baucus-Chafee bill is anticipated,
and USDA has prepared comments on the bill. The House has not released any
encompassing version of the Clean Water Act, and discussions with staff indicate that no
release is likely until November, 1991. It is anticipated that serious debate on the
reauthorization of the Clean Water Act will not occur until 1992. Any reauthorization is
anticipated to have an impact on agriculture.
CIRCLE OF POISON
The Senate Agriculture Committee will continue hearings on September 20, and will
focus on the impact on consumers on the safety of exported pesticides. USDA, FDA,
EPA, and eight chemical companies have been invited to testify at this time. Senator
Leahy (D-VT) has introduced S. 898, the Circle of Poison Prevention Act. The
Administration is opposed to S. 898, but has indicated that the issue of exported
pesticides should be addressed in comprehensive pesticide safety legislation.
Congressman Synar (D-OK) has introduced companion legislation in the House, H.R.
2083, and Congressman Rose (D-NC) is expected to introduce legislation in September.
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It is uncertain whether the legislation will be added to comprehensive food safety
legislation or whether it will be considered separately.
PESTICIDE SAFETY
Senate Labor and Human Resources Committee staffers for Senators Kennedy (D-MA)
and Hatch (R-UT) plan to meet to discuss bipartisan legislation which would amend the
Federal Food, Drug, and Cosmetic Act to regulate pesticide chemical residues in food.
Senator Kennedy has introduced S. 1074, the Safety of Pesticides in Food Act, which is
opposed by the Administration.
In the House Energy and Commerce Committee, Congressmen Bruce (D-IL) and Bliley
(R-VA) have introduced H.R. 3216, the Food Quality Protection Act, which would
amend both the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the
Federal Food, Drug, and Cosmetic Act (FFDCA) to provide safety in the use of
pesticides. Congressman Waxman (D-CA) has introduced H.R. 2342 (companion bill to
S. 1074) on which hearings were held this summer. There is a question of whether this
committee will try to develop compromise legislation until a court decision has been
reached on the case against EPA in regard to the Delaney amendment and EPA's
decision to allow trace amounts of four chemicals which may be possible carcinogens in
processed food.
In regard to pesticide safety issue in the House Agriculture Committee, Congressman
Rose (D-NC) is working on draft legislation which would amend both FIFRA and
FFDCA and will be introduced in September. The Bruce-Bliley Bill H.R. 3216 will be
referred to this Committee also, and hearings are expected this fall on amendments to
FIFRA.
The Administration continues to indicate a willingness to work with the Congress to
come up with acceptable legislation which would address the seven food safety initiatives
regarding pesticide chemicals included in the President's Food Safety Plan of 1989.
CREDIT
There is a possibility that Congressman English (D-OK) will hold hearings on the role of
the Farmers Home Administration (FmHA) in providing credit to producers. This would
signal a willingness on the part of the House Ag Committee to analyze methods to target
limited dollars to producers. This would also raise the issue of how long a borrower
should remain in the program before he should graduate into the private lending sector.
PERISHABLE AGRICULTURAL COMMODITIES ACT (PACA)
The House Agriculture Subcommittee on Domestic Marketing, Consumer Relations, and
Nutrition will hold a hearing in late September on the recommendations included in the
report of the PACA Industry Advisory Committee. Some of these recommendations will
likely be controversial. In particular, recommendations to require restaurants,
canner/processors and growers who pack their own product to be licensed and one to
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exempt from licensing those frozen food brokers who only arrange sales without the
authority to negotiate prices or purchase produce.
DOMESTIC FOOD ASSISTANCE PROGRAMS
Mickey Leland Childhood Hunger Relief Act (H.R. 1202). The legislation has been
marked-up and reported by the Subcommittee on Domestic Marketing, Consumer
Relations and Nutrition of the House Committee on Agriculture. The full House
Committee is scheduled to mark-up the bill during the week of September 16, 1991. The
$5.3 billion cost exceeds available funds, and we oppose enactment. A companion bill
has not been introduced in the Senate.
Reauthorization of the Older Americans Act, including the Nutrition Program for the
Elderly (H.R. 2967; S.243). The Senate Committee on Labor and Human Resources and
the House Committee on Education and Labor reported different versions. Floor action
is tentatively scheduled in each respective House the week of September 9, 1991, and a
conference will be required. We oppose the NPE provisions as currently written. H.R.
2967 is especially troublesome because it increases and indexes per meal reimbursement
rates.
WIC Legislation. Several bills are pending in the Congress that would affect the WIC
program. The WIC Infant Feeding Initiative Act, pending in the House Committee on
Education and Labor and the Senate Committee on Agriculture, Nutrition and Forestry
(H.R. 1441, S.657), would revise the infant formula funding procedure. An amendment to
the Child Nutrition Act of 1966, pending in the Senate Committee on Agriculture,
Nutrition, and Forestry (S. 1540), would provide full funding for WIC by FY 1997. The
WIC Protection Act of 1991, pending in the Senate Committee on Agriculture, Nutrition,
and Forestry (S. 1556), addresses WIC vendor issues. USDA objects to all these bills for
cost reasons and objects to the vendor bills and regional rebate proposal because they
are unnecessary.
FOREIGN AID AUTHORIZATION
Both the House and Senate have passed H.R. 2508, the Foreign Aid Authorization Act
which would broaden the application of cargo preference provisions to include any
shipment of U.S. grain purchased with government economic support funds provided by
U.S. AID. The Department is concerned with this expansion of cargo preference
because it could increase transportation costs. The Department will continue to monitor
the authorization as it moves to Conference.
REGULATIONS
MEAT IMPORT LAW
On October 1, USDA is required to announce its final estimate of 1991 meat imports
that fall under the Meat Import Act of 1979. In its announcement for the third quarter
on July 19, USDA estimated that imports should total 1,280 million pounds--about 38.5
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million pounds below the 1991 trigger level of 1,318.5 million pounds. The Act requires
the President to consider restrictions on imports of certain meat items--primarily beef
and veal--if a USDA quarterly estimate of meat imports equals or exceeds the trigger
level which is determined by formula in the act.
Based on current information, it appears that excessive volumes of meat may be entering
the country for the remainder of the year. The anticipated volume requires that action
be taken to limit imports. Imports may be limited through Voluntary Restraint
Agreements (VRA's). If VRA's are not in place by October 1, the law requires the
imposition of a quota limit. The President, under certain conditions and after a 30-day
public comment period, may suspend or modify the quota limit.
Negotiations to implement VRA with Australia and New Zealand, which comprise 90%
of the meat imports into the U.S., are underway to avoid any implementation of
restrictions.
SUGAR MARKETING ALLOTMENTS
ASCS is preparing to implement the new provision in the 1990 Farm Bill which, in
addition to continuing a price support loan program for beet and cane sugar, requires a
domestic marketing allotment program if sugar imports are projected to fall below 1.25
million tons. This will require marketing allotments for sugarcane-producing States,
which then must be divided equitably among processors and producers. Allotments for
beet sugar are allocated only to processors. ASCS expects to publish an interim rule for
reporting requirements in late-September, followed shortly thereafter with a proposed
rule for the marketing allotment program. ASCS is starting to receive fees on sugar
marketed from the 1991-95 crops, as called for in the Omnibus Budget Reconciliation
Act.
BELOW-COST TIMBER SALE POLICY
The final policy on below-cost timber sales, a policy to provide guidelines for costs and
revenues of commercial timber sale programs on individual National Forests, will be
published before January 1992 and implemented during 1992. The public comment
period on an Advance Notice of Proposed Rulemaking ended June 17.
ADMINISTRATIVE APPEAL REGULATION CHANGES
The Forest Service is expected to propose a change to its administrative appeal
regulations. These are the regulations which currently allow any person to challenge the
Agency's resource management decisions. Appeals have been used with great
effectiveness in recent years by environmental groups, and increasingly by timber
industry, to halt or delay Agency decisions. Proposals are being considered which would
reduce the disruptive impacts of appeals while still providing citizen opportunity to
comment on Agency decisions.
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NATIONAL FOREST MANAGEMENT ACT (NFMA) REGULATIONS.
The Forest Service has completed a detailed review of public comment of its Advance
Notice of Proposed Rulemaking. The comment period ended on May 16. A draft rule
to streamline and simplify the regulations is expected to be released for public review
this Fall.
USER FEES REGULATIONS
The 1990 Farm Bill, as amended by the Budget Reconciliation Act, authorizes collection
of user fees for a variety of APHIS services. The final rule on user fees (Part I) for
international airline passengers; commercial vessels, aircraft, and trucks; and loaded
railroad cars was published in the Federal Register on April 12, 1991, and became
effective on May 13, 1991. Given congressional opposition, it is uncertain whether the
user fees for airline passengers traveling from Hawaii, Puerto Rico, and the U.S. Virgin
Islands to other U.S. destinations will be implemented. Currently, users fees (Part II) for
phytosanitary export certifications; international passenger and cargo aircraft and
commercial vessels moving from Hawaii and Puerto Rico to the U.S. mainland; and
veterinary diagnostic services are scheduled to be implemented on December 4, 1991.
Failure to implement user fees will have significant budget impacts.
OFFSETTING TAX REFUNDS TO COLLECT FOOD STAMP CLAIMS
Pursuant to a notice published in the Federal Register on August 20, 1991, the Food and
Nutrition Service (FNS) is implementing a pilot tax refund offset program to collect
delinquent food stamp debts. Under the program, which will initially operate in two
states, the Internal Revenue Service (IRS) will offset tax refunds due to individuals, who
have previously received over-issuances of food stamps and have not repaid them by the
amount of the outstanding obligation. Beginning this fall, FNS and IRS will exchange
the data and information necessary for IRS to conduct the offsets in early 1992.
RULEMAKING ON NUTRITION LABELING FOR MEAT AND POULTRY
PRODUCTS
The Food Safety and Inspection Service (FSIS) is preparing an extensive rulemaking
docket that will propose regulations providing for nutrition labeling for meat and poultry
products under the Federal Meat Inspection Act and the Poultry Products Inspection
Act. FSIS intends to harmonize these regulations, to the extent possible, with the
regulations that the Food and Drug Administration will be proposing under the Nutrition
Labeling and Education Act of 1990. FSIS anticipates publishing its proposal this year.
Some media attention is expected.
PRE-EMPTION OF STATE JURISDICTION OVER ELECTRIC RATES
The Rural Electrification Administration recently published regulations providing that
state jurisdiction to set the rates charged by an REA borrower would be preempted by
REA if (1) a bankruptcy petition is filed by or against the borrower, or (2) the borrower
supplies electricity at wholesale to other borrowers and the Administrator determines
that the rates the state authorizes the borrowers to charge are not adequate to enable it
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to repay its loans from REA. These regulations are being challenged in pending federal
court cases involving three bankrupt borrowers, one providing electric service at retail in
New Hampshire and the other two supplying electricity at wholesale in Indiana and
Colorado.
NORTHERN SPOTTED OWL DRAFT EIS
The draft environmental impact statement issued by the Forest Service is due to be
released to other Federal agencies and the public on September 25. The statement
analyzes alternatives to manage for viable populations of northern spotted owls.
Briefings with the Secretary's Office, Capitol Hill, other agencies, and interest groups will
be held on September 23 and 24. Public hearings are scheduled during October in the
Pacific Northwest. Public comment will be accepted until January 4, 1992. The Secretary
will be responsible for the final decision, which will not be appealable. A final decision
is due to Judge Dwyer's Seattle District Court on March 5, 1992.
WETLAND AND WATER QUALITY PROGRAMS
Two new programs addressing wetland preservation and water quality needs were
authorized in the Food, Agriculture, Conservation, and Trade Act of 1990, but not
funded. These programs require much cooperative interagency effort and are of
particular interest to environmental and wildlife groups, as well as farmers and rural
landowners. USDA anticipates that funding will be provided in the 1992 budget process.
Pending appropriations, ASCS will conduct a sign-up and enroll acreage in the
Agricultural Water Quality Incentive Program. This program provides incentives and
cost-share assistance to carry out on-farm water quality protection practices, aiming to
reduce the release of agricultural pollutants into the environment. The agency intends to
have program contracts signed by November 28, which complies with the requirements
of the 1990 Farm Bill.
Again, pending appropriations, ASCS expects to issue final rules and plan for a sign-up
for the Wetlands Reserve Program, which would restore wetlands through the purchase
of long-term easements.
TOBACCO EXPORT REPORTING
Between now and the end of the calendar year, the Department will issue a "notice of
proposed rule making" or "proposed regulations" for tobacco export reporting as required
by the 1990 Farm Bill. Either is expected to be controversial within the U.S. tobacco
industry.
REPORTS AND STUDIES
CROP INSURANCE
The GAO is expected to release a report at the end of October or by early November on
the history of risk sharing between the Federal Government and the private carriers of
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the Federal Crop Insurance program.
FIFRA STUDY
In June 1991, the Supreme Court ruled in Wisconsin V. Mortier that the 1972 Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) does not preclude cities and towns
from demanding stricter limitations within their boundaries. The decision opens the door
for local communities to limit how and when pesticides may be used. APHIS plans to
analyze the scope and effect of this Supreme Court ruling on APHIS' eradication and
quarantine programs.
WIC STUDY
October 1991 release of Volume 2 of the WIC Study of the effect of Medicaid costs will
show higher cost savings to the Medicaid program when the analysis uses hospital costs
extended to the first 12 months of life. Volume 1 evaluated costs in the first 60 days of
life. This will be very positive news.
FALL CROP REPORTS
The monthly USDA Crop Production and World Agricultural Supply and Demand
Estimates reports will be closely watched during the fall harvest period. Of greatest
concern are implications for disaster assistance, farm income and trade with the Soviet
Union. These reports will be released on September 12, October 10, November 12, and
December 11.
INTERNATIONAL COMPARISONS OF COSTS OF PRODUCTION:
COMPETITIVENESS OF WHEAT PRODUCTION IN THE EC AND UNITED
STATES
Judging from inquiries on this subject, this report is likely to generate interest. The
results are from a joint study by USDA's Economic Research Service and the Institute
National de la Recherche Agronomique (INRA) in France. The study covers the 1984-
86 period. Results indicate that productivity in France, the U.K. and the U.S. are nearly
identical, even though the input mix is very different. Production costs in the U.S. were
found to be much less due to lower prices of land, fertilizer and fuel. The income of
wheat producers in the U.S. and U.K. was higher than in France. The results suggest
production efficiency is much less important than input prices, exchange rates and the
efficiency of the transportation and marketing sectors in determining competitiveness.
A NORTH AMERICAN FREE TRADE AREA FOR AGRICULTURE: THE ROLE
OF CANADA AND THE U.S.-CANADA AGREEMENT
This report examines Canada's current agricultural trade with Mexico and the U.S., the
agricultural provisions of the present U.S.-Canada agreement, and implication of
incorporating the present agreement into a North American free trade agreement.
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MEETINGS OR EVENTS
USDA OUTLOOK CONFERENCE
Secretary Madigan will open "Agriculture Outlook '92," the 68th annual outlook
conference to be held December 3-5. Sessions will be televised nationwide over satellite.
Issues will include the burdens and benefits of clean air and environmental legislation,
the Uruguay Round and North American Free Trade negotiations, events in the Soviet
Union, how the FACT Act is working, food labeling reform, and food assistance
programs.
NEGOTIATIONS
OILSEEDS PANEL IMPLEMENTATION
In 1989, a dispute resolution panel under the auspices of the General Agreement on
Tariffs and Trade (GATT) ruled that the European Community's regime for oilseed
production and processing violated rights accruing to the United States under the GATT.
Specifically, the panel ruled (1) that the EC Common Agricultural Policy (CAP) program
of paying subsidies through oilseeds processors violated the non-discrimination
requirements of Article III, and (2) that the CAP program of oilseed subsidies had
impaired the tariff concession granted to the United States during the Dillon Round
negotiations. The panel recommended that the EC adjust its program to come into
compliance with its GATT obligations.
Current proposals prepared by the EC to reform its CAP program for oilseeds indicate
that proposed EC subsidy programs will continue to impair the subject concessions. The
United States will continue to press for implementation of the panel report in the GATT
Council.
CORN GLUTEN FEED DISPUTE
Corn gluten feed (CGF), a by-product of the corn milling process, has been a highly
successful U.S. export to the European Community over the past thirty years. Annual
exports to the EC are valued at approximately $650 million. The United States benefits
from a zero bound duty granted by the EC as a tariff concession in 1962 as part of the
Dillon Round negotiations of the GATT.
Recently, customs agents in major EC importing countries, the Netherlands and France,
have begun to interfere with shipments claiming that U.S. CGF contains an
impermissible level of corn germ meal, and thus must be classified as a "mixed feed"
subject to a high variable levy. The United States takes the position that the CGF being
exported to the EC is the same product that has been shipped for the past thirty years
and upon which no duty has been levied. The United States contends that the actions of
the EC customs agents violates the EC's obligations under the GATT, and has been in
discussions with the EC on this issue. If an acceptable solution cannot be reached, the
U.S. has reserved its GATT rights on the issue.
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OILSEED CASE
In 1989, a General Agreement on Tariffs and Trade (GATT) Panel found that the
European Community (EC) oilseed subsidies protected EC producers completely from
price movements of imports and thereby impaired the zero-duty tariff bindings for
oilseeds. On July 31, 1991, the EC Commission presented to the EC Council a proposal
on reform of its oilseed regime to comply with the 1989 GATT Panel findings.
However, USDA analysis indicates the proposal is seriously deficient in addressing the
panel findings, especially with regard to nullification and impairment. The EC Council
has until October 31, 1991 to act upon the Commission's proposal. We are informing
the EC that unless the proposal is amended to satisfactorily address the Panel report, the
U.S. will have no recourse but to exercise its GATT rights. These rights include seeking
compensation for U.S. trade losses due to the EC's oilseed regime.
NORTH AMERICAN FREE TRADE AGREEMENT (NAFTA) NEGOTIATIONS
The North American Free Trade Agreement (NAFTA) negotiations between the U.S.,
Canada, and Mexico have been progressing slowly, although no major obstacles have
surfaced. Negotiations in the agriculture sub-group also have been proceeding slowly.
Tariff offers and tariff request lists are to be exchanged on September 17.
U.S.-EC ENLARGEMENT AGREEMENT
The U.S. is seeking a final understanding by September 30, 1991 on trade compensation
due to the accession of Spain and Portugal to the EC. The initial Agreement of January
30, 1987 provided for minimum annual imports of corn and sorghum into Spain through
reduced-levy quotas from 1987 to 1990. After the EC refused to re-negotiate or extend
the current agreement, which was to end December 31, 1990, the U.S. notified the
GATT on November 30, 1990 of its intention to withdraw equivalent tariff bindings as
compensation for U.S. trade losses due to the accession. On December 21, 1990, the EC
agreed to roll over the Enlargement Agreement for one year, extending all provisions
until December 31, 1991.
THE EC THIRD COUNTRY DIRECTIVE
Following EC delistment of all remaining U.S. slaughter plants as eligible to ship meat to
the EC, USTR initiated a Section 301 investigation of the TCD. In May, 1991 the USG
and the EC agreed to an exchange of letters that lays out a two-step process involving re-
inspection and relisting of U.S. plants, and an agreement on a framework for
determining whether U.S. and EC inspection requirements are equivalent. The first step
is expected to be complete in September.
JAPAN-GATT II AGREEMENT
In 1988, the U.S. successfully challenged in the GATT Japan's import quotas on nine of
eleven processed products. The agreement called for expanded import quotas, followed
by elimination in April 1991, for certain dairy products and starch quotas. Despite five
U.S.-Japan meetings on this issue since April, the GOJ refuses to offer a concrete plan
to liberalize these quotas.
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CHINA MARKET ACCESS TALKS
Little, if any, progress was made at the third round of market access talks with China
August 20-23. The U.S. side gave China until September 30 to make significant market
openings, otherwise face the prospect of USG-initiated 301 investigations against China.
If the Chinese aren't prompted by such investigations to begin opening markets but
instead retaliate, U.S. agricultural exports (primarily wheat and cotton) to China could
be adversely affected.
U.S.-CANADA OPEN BORDER PROPOSAL FOR MEAT AND POULTRY
In 1990 the Food Safety and Inspection Service (FSIS) proposed to end reinspection of
Canadian meat and poultry products as they entered the United States. The proposal to
end reinspection was the result of Canadian pressure and implementation of the U.S.-
Canadian Free Trade Agreement. The proposed rule encountered substantial negative
reactions from consumers, the Congress, and the small number of businesses which have
a commercial stake in this activity. This opposition delayed the implementation of the
proposed rule.
The difficulty and delay in implementing the proposed rule were viewed by some
Canadians as a sign of bad faith on the part of the United States. Canadian frustration
with the slow progress in the United States has led Canada to propose institution of its
own border reinspection system for U.S. meat starting sometime during the week of
September 16.
Prime Minister Mulroney has raised this issue in previous discussions with President
Bush. President Bush has indicated that he wants to work with Prime Minister Mulroney
to resolve this issue.
As a result of a recent meeting between Secretary Madigan and Canadian Agricultural
Minister McKnight, the U.S. is beginning to engage in a process to reach a mutually
acceptable solution to this problem. The U.S. is hopeful that the matter will be resolved
sometime this fall.
TRADE ISSUES WITH MEXICO
Mexico has taken steps to upgrade its animal and plant health system, including its
import inspection programs. Mexico has taken these steps to make its animal and plant
health regulations equivalent to the Canadian and United States standards. As a result
of adopting new pest risk analysis procedures, Mexico has implemented new entry
requirements for a number of products. APHIS is actively involved at a technical level
with its Mexican counterparts to assure that only technically and biologically sound entry
requirements are developed by Mexico. APHIS anticipates that, as Mexico upgrades its
sanitary and phytosanitary programs, U.S. commodities exported to Mexico will be
affected.
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COURT DECISIONS/LITIGATION
ENDANGERED AND THREATENED SPECIES
An appeal of the federal district court injunction against the Forest Service prohibiting
timber harvest in spotted owl habit in Oregon, Washington and California is pending in
the Ninth Circuit. Actual and threatened litigation involving statutory protection of
wildlife, i.e. red-cockaded woodpecker, grizzly bear, goshawk and salmon, will have an
impact on numerous agency activities around the country.
DCP FARMS, ET AL V. SECRETARY CLAYTON YEUTTER
This case involves the adoption of a scheme or device by a large Mississippi farming
operation to avoid statutory payment limitation provisions. A United States District
Court in Mississippi has enjoined the Secretary of Agriculture from taking any
administrative actions against the plaintiffs in this litigation, and has reversed a
determination by the Secretary that the plaintiffs are ineligible to receive payments
under the Commodity Credit Corporation price support and production adjustment farm
programs in 1989 and 1990. The issue involved alleged interference by Congress into
administrative actions pending before the Secretary. Plaintiffs have alleged that
Congressman Huckaby directed the Secretary to apply the Department's regulations to
plaintiffs' farm operations to achieve a specific result, thereby improperly influencing the
Secretary's actions. The Court held that Congressman Huckaby's communication with
the Department, and the Department's response, demonstrated that Congress
impermissibly influenced the Secretary's actions. The United States has appealed to the
Fifth Circuit Court of Appeals.
It is likely that this case will be discussed on a fall episode of 60 minutes during a
segment featuring Secretary Madigan.
APHIS USER FEES AND HAWAII LAWSUIT
Hawaii sued the Secretaries of Agriculture and Treasury, the Attorney General and
others over the legality and constitutionality of the Animal and Plant Health Inspection
Service (APHIS) user fees which were scheduled to take effect on August 1, 1991. The
$2 fee would be assessed on airline passengers traveling from Hawaii and Puerto Rico to
the continental United States to cover the cost of APHIS inspections for plant pests and
diseases. APHIS postponed the effective date of the rule until October 1, 1991, to give
Congress time to take legislative action. The FY 1992 House and Senate appropriations
bills contain language prohibiting the use of appropriated funds to develop, establish or
operate any user fee program to prevent the movement of exotic pests and diseases from
Hawaii and Puerto Rico.
BERNARDI V. MADIGAN
This class action case involving under-representation of women in the Forest Service in
California resulted in entry of a consent decree in 1981. In 1988, the court found the
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Secretary not in compliance with the consent decree and extended it for three additional
years, to May 8, 1991. During the extension period, the Forest Service has increased the
percentage of women in its workforce in California to 44%, exceeding the overall 43%
requirement but falling short in several job series and grades in which women are still
under-represented. While the extended consent decree expired on May 8, the court has
ordered that consent decree programs be kept in effect until a hearing scheduled for
December 6. On that date, U.S. District Judge Samuel Conti in San Francisco will
determine whether the Secretary has substantially complied with the decree's
requirements and the case should be dismissed or whether, in the alternative, the decree
should be extended or other relief afforded.
AGENCY NEWS
PERIODIC REVIEWS WITH CENTRAL AND EAST EUROPEAN COUNTRIES
(CEEC'S) In the context of the President's Trade Enhancement Initiative (TEI), USDA
has developed with other agencies a consultative process that permits the U.S. to inform
the CEECs: (1) how our agricultural trade policies affect their interests; (2) of our
efforts to minimize the impact of the Export Enhancement Program on their exports of
agricultural products; and, (3) the assistance USDA can provide to CEEC's under the
TEI.
DEBT REDUCTION UNDER THE ENTERPRISE FOR THE AMERICA'S
INITIATIVE (EAI) AND PUBLIC LAW 480
In fiscal year 1991, P.L. 480 debt was reduced for Chile, Bolivia, and Jamaica.
Uruguay, Columbia, and Costa Rica have been targeted for debt reduction under the
EAI for fiscal 1992.
DEBT FORGIVENESS UNDER PUBLIC LAW 480, SECTION 411
The Administration has reached consensus on, and will announce soon, that the
following nine countries are eligible for Section 411 debt forgiveness: Ghana, Kenya,
Madagascar, Malawi, Mozambique, Tanzania, Uganda, Guyana, and Honduras.
SUGAR TARIFF RATE QUOTA
The global quota level and individual country allocations for sugar imports into the U.S.
under the tariff rate quota in 1991/92 will be announced in mid-September. Imports of
sugar under the tariff rate quota will be lower in 1991/92 than in 1990/91 because
domestic production has recovered from weather related shortfalls. Sugar exporting
countries (e.g. Caribbean and South American countries, the Philippines, and Australia,
among others) are expected to express concern about the lower quota level.
TREE PLANTING AND FOREST STEWARDSHIP
ASCS will be cooperating with the Forest Service in implementing the Stewardship
Incentive Program. This program will be a major part of the President's American the
Beautiful tree planting initiative. ASCS county offices will be a local contact for
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participating landowners and will provide administrative assistance to support the
program.
CONSERVATION RESERVE PROGRAM (CRP)
USDA added 1.12 million acre's to the CRP from bids in the 11th sign-up conducted this
summer. The national total is now 35.6 million acres enrolled. The 11th sign-up
brought increases in acreage providing significant water quality benefits. Over 150,000
acres of land accepted in the sign-up will be retired in conservation priority areas of the
Chesapeake Bay, Long Island Sound and the Great Lakes; and an additional 16,000
acres are in other targeted watersheds.
PRESIDENTS AMERICA THE BEAUTIFUL - RECREATION FEE PROPOSAL
The America the Beautiful (ATB) Passport proposal is being finalized between the
Departments of Agriculture and Interior, and OMB. This proposal would authorize
admission fees at Forest Service and Department of the Interior recreation sites, and
provide for the sale of an annual "America the Beautiful Passport" as a means of paying
recreation fees. The ATB Passport proposal substantially incorporates the
Administration recreation fee proposal and challenge cost-share proposal transmitted to
the Senate and House of Representatives on May 15 and July 1, respectively.
RURAL DEVELOPMENT
The 1990 Farm Bill authorized the creation of a Rural Development Administration
(RDA) which would usurp some of the program jurisdiction now held by the Farmers
Home Administration. The Senate Agriculture appropriations bill contains report
language which prohibits the Secretary from spending any monies on the RDA. Should
this language survive the conference committee then there will be pressure from RDA
supporters in the House for the Secretary to ignore the report language and start the
program.
SIBERIAN LOGS
Recent concerns over endangered species' habitats and the cutting of old growth timber
in the Northwestern United States have led to a shortage of logs and have depressed
conditions for logging interests in that area. Importers in the Pacific Northwest are
engaged in contracting for large-scale shipments of logs from Siberia. There are no
specific regulations governing the entry of such logs. APHIS, the Forest Service, and
State Departments of Agriculture are concerned about the possible pest risk posed by
such shipments. APHIS is working with affected parties to develop a biologically and
economically acceptable resolution to this issue.
PRESIDENT'S INITIATIVE ON RURAL DEVELOPMENT
State Rural Development Councils have been organized and are established in eight
pilot states (Washington, Oregon, South Dakota, Kansas, Mississippi, Texas, South
Carolina, and Maine). Several State Councils will be initiating rural pilot projects within
the coming months. Kansas State Council has initiated a project to standardize loan
23
application forms for individual borrowers which involves the Treasury Department,
Small Business Administration, Farmers Home Administration, Economic Development
Administration, HUD Community Block Grant Administration and several Kansas State
agencies. Plans for expansion into additional states are nearly complete with an
anticipated expansion into 10-15 additional states in January, 1992.
The President's Council on Rural America has established an ambitious hearing schedule
during October and November and is meeting regularly, with the goal of completing
their report to the President by July, 1992.
OTHER
REA ELECTRIC AND TELEPHONE LENDING.
CBS News' "60 Minutes" is tentatively scheduled to air a feature on REA lending
programs, focusing on the Agency's electric and telephone lending to various financially
healthy borrowers.
REA CONFIRMATION HEARING
Should the Senate confirm current Rural Electrification Administrator Gary Byrne to a
post on the Farm Credit Administration then the Administration will nominate a new
REA administrator for the Senate Ag Committee to consider.
NEW ASSISTANT SECRETARY TO BE SELECTED
The Assistant Secretary for Science and Education has submitted his resignation to
President Bush, to be effective September 30. A successor will be selected and the
nomination submitted to the Senate by the President. An acting Assistant Secretary will
implement the duties and responsibilities of the office until a successor is confirmed and
the oath of office taken.
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DEPARTMENT OP COMMERCION
UNITED STATES DEPARTMENT OF COMMERCE
white STATES OF ADMERCA
Office of the Secretary
Washington, D.C. 20230
September 13, 1991
MEMORANDUM FOR HONORABLE EDE HOLIDAY
ASSISTANT TO THE PRESIDENT
AND SECRETARY OF THE CABINET
FROM:
Thomas J. Collamore
Chief of Staff and
Assistant Secretary
Subject:
Fall Assessment 1991
I. HIGHEST PRIORITIES - SUMMARY LISTING
Support the North American Free Trade Agreement negotiations as
chair of the work groups for automotive, insurance, standards and
antidumging/countervailing duty measures.
Continue the national export initiative, under the auspices of
the interagency Trade Promotion Coordinating Committee. Twelve
conferences are planned between September 13 and the end of the
year.
Continue to press Japan for improved market access in the
auto/auto parts sectors through the Market-Oriented Sector-
Selective (MOSS) follow-up talks and through
review/implementation of APAC/Quayle Committee recommendations.
Continue to provide technical assistance for Eastern Europe.
Obtain multilateral consensus on export controls with respect to
nuclear, chemical, biological and missile technology items.
Redirect enforcement efforts to stem the diversion of
proliferation items.
Announce the winners of the 1991 Malcolm Baldrige National
Quality Award. The announcement is to be made by Secretary
Mosbacher in early October, and the awards are to be presented by
President Bush on October 29.
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II. SURVEY OF KEY ISSUES
SECRETARIAL ACTIVITIES
September 16, 1991 - Secretary Mosbacher will attend the Rose
Garden Ceremony with the President for the presentation of the
National Medals of Technology and the National Science Awards.
September 16, 1991 - Secretary Mosbacher is scheduled to meet
with President dos Santos of Angola who is in the United States
to address the United Nations General Assembly. Items for
discussion include the future of commercial relations between
Angola and United States.
September 16 - 17, 1991 - Secretary Mosbacher will host Japanese
MITI Minister Nakao for the MITI-DOC Dialogue. A series of
meeting between policy makers from MITI and DOC designed to
improve US-Japanese trade relations. The Secretary will
participate in the opening and closing plenary session at the
Department of Commerce. He will also host a luncheon for the
Minister and members of his delegation.
September 17, 1991 - William C. Harrop, Ambassador-designate to
Israel, will pay a courtesy call on Secretary Mosbacher.
September 18, 1991 - Secretary Mosbacher will meet with Mr.
Michael Deland, Chairman of the White House Council on
Environmental Quality and Frank Popoff, Chairman, DOW Chemical
Company.
September 19, 1991 - Secretary Mosbacher will meet with Ann
Windham Wallace, Director of the United States Office of Consumer
Affairs, to discuss National Consumers Week.
September 19, 1991 - Secretary Mosbacher will travel to Chicago,
Illinois to participate in the Ribbon Cutting Ceremony for the
Hispanic Chamber of Commerce.
September 20, 1991 - Secretary Mosbacher is scheduled to have
lunch with Ede Holiday.
September 23, 1991 - Secretary Mosbacher will meet with the
United States Ambassador to Greece, Michael Sotirhos, to discuss
a possible fall business development Mission to Greece.
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September 23, 1991 - Secretary Mosbacher is scheduled to meet
with Minister of Commerce Chidambaram of India to discuss India's
economic and trade reform programs.
September 24, 1991 - Secretary Mosbacher will participate in the
full session of the President's Export Council to discuss foreign
market development, U.S. trade competitiveness, export promotion,
export financing and export controls.
September 25, 1991 - Secretary Mosbacher will participate in the
MED Week Rose Garden Ceremony with the President and speak at the
MED Week Kick Off Luncheon.
September 25 - 27, 1991 - Secretary Mosbacher will travel to
Birmingham, Alabama and Miami, Florida to participate in the
National Export Initiative, continuing the theme of "Exports-
Generating Jobs for Americans." On the evening of September
26th, the Secretary will travel to Dallas, Texas to speak at the
Dallas Hispanic Chamber of Commerce Installation Banquet.
September 30, 1991 - Secretary Mosbacher will speak at the
Oceanic and Atmospheric Management Advisory Committee Inaugural
Meeting.
October 2, 1991 - Secretary Mosbacher will travel to Detroit,
Michigan to participate in the National Export Initiative,
continuing the theme of "Exports-Generating Jobs for Americans."
October 4, 1991 - Secretary Mosbacher will attend a luncheon
hosted by German Ambassador Ruhfus honoring Dr. Reisenhuber, the
German Minister for Research and Technology.
October 10-11, 1991 - Secretary Mosbacher will address the
Telecom '91, the quadrennial International Telecommunications
Union exhibition and conference in Geneva.
October 15, 1991 - Secretary Mosbacher will attend the 43rd
Annual Honor Awards Ceremony at the Department of Commerce
Auditorium.
October 16, 1991 - Secretary Mosbacher will host the US&FCS
Advisory Committee Luncheon.
October 17 - 22, 1991 - Secretary Mosbacher will travel to
Houston, Texas and Memphis, Tennessee to participate in the
National Export Initiative, continuing the theme of "Exports-
Generating Jobs for Americans."
October 25, 1991 - Secretary Mosbacher will attend a meeting of
the Pension Benefit Guaranty Corporation Board hosted by
Secretary Martin at the Department of Labor.
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October 28, 1991 - Secretary Mosbacher is scheduled to meet with
Park Tae-Joon, Chairman of Pohang Iron and Steel.
October 29. Secretary Mosbacher will host President Bush in a
Department of Commerce ceremony to present the awards to the
winners of the Malcolm Baldrige National Quality Award.
November 5 - 6, 1991 - Secretary Mosbacher will travel to
Indianapolis, Indiana to participate in the National Export
Initiative, continuing the theme of "Exports-Generating Jobs for
Americans."
November 7, 1991 - Secretary Mosbacher is scheduled to
participate in a meeting of the Industry Policy Advisory
Committee (IPAC).
November 12 - 14, 1991 - Secretary Mosbacher will travel to
Philadelphia, Pennsylvania and Baltimore, Maryland to participate
in the National Export Initiative, continuing the theme of
"Exports-Generating Jobs for Americans."
November 20 - 22, 1991 - Secretary Mosbacher will travel to
Denver, Colorado and Los Angeles, California to participate in
the National Export Initiative, continuing the theme of "Exports-
Generating Jobs for Americans." While in Denver, the Secretary
will participate in a fundraising reception for Colorado
Republicans.
SIGNIFICANT PROBLEM AREAS
NOAA and the Department of Commerce continue to work with NASA
and the Office of Management and Budget on the evaluation of the
options to continue satellite coverage by the series of
Geostationary Operational Environmental Satellites (GOES). The
contractor for the satellite scheduled for launch in October 1992
has experienced significant technical problems and options have
been under intense study. The GOES satellites provide data in
support of the National Weather Service and a variety of other
environmental data collection missions within NOAA. The current
satellite is expected to run out of fuel in early 1993, and the
Department has been evaluating the contingency plan developed by
the National Environmental Satellite Data and Information Service
in the event of a No-GOES situation.
NOAA's Next Generation Weather Radar (NEXRAD) Program, a program
designed to replace obsolete and rapidly deteriorating radar
equipment with modern units, has been plagued with procurement
problems. A major factor in the procurement delay has been
contract problems. Recently, significant progress was made in
addressing this issue. On August 14, 1991, Secretary Mosbacher
authorized a comprehensive settlement of NEXRAD contractual
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issues between Department of Commerce's National Oceanic and
Atmospheric Administration (NOAA) and the Unisys Corporation.
The settlement is in two parts. Technical agreements on changes
to technical requirements, the statement of work, and schedules
were implemented on August 23, 1991, through a bilateral
modification to the contract. This action reestablished the
contract baseline for the NEXRAD program. Contractual
implementation of these agreements is currently being negotiated.
Agreement to changes in contract terms and conditions will be
reached by October 30, 1991, and executed no later than December
31, 1991. These negotiations are on schedule. The comprehensive
settlement includes provisions for design upgrades, technology
infusion, and rescheduling FAA units to Alaska, Hawaii, and the
Caribbean.
Since late fall, 1990, the Bureau of Export Administration has
received Congressional and press inquiries about export licensing
policy toward Iraq, and other countries on proliferation concern.
Recent inquiries have focused on licensing policy toward Iran and
Syria. Inquiries have focused on applications for items with
chemical, biological or potential nuclear uses that were
considered or licensed for shipment to end users of concern. The
Department continues to respond to these inquiries in a manner
fully coordinated with other concerned agencies and the White
House.
The operations of the Office of Antiboycott Compliance (OAC) have
recently been the subject of Congressional and media scrutiny.
There have been hearings on the House side, and we anticipate
similar hearings by the Senate this fall. Secretary Mosbacher
has publicly committed to a number of initiatives to strengthen
the OAC program. BXA will be focusing on implementing these
initiatives and over the next several months.
Sixteen lawsuits have been filed against the Department of
Commerce and the Census Bureau related to the 1990 census (52
were filed related to the 1980 census). Most are related to the
issue of adjustment and the availability of adjusted data. Other
issues include the congressional apportionment formula and census
residence rules. The Census Bureau will be actively working with
the Department of Commerce and the Department of Justice in
responding to the suits.
INITIATIVES AND POLICIES UNDER DEVELOPMENT
Commerce/Labor Cooperation. Commerce is working with the
Department of Labor to devise a joint strategy as part of an
overall effort to help industry accelerate its transition to
advanced production methods.
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strategic Partnerships Initiative. Administration approval and
issuance of the Federal Register Notice/Rule (15 CFR Parts 19,
1160, 1170) of August 20, 1991, initiates a new activity by which
the Technology Administration provides a forum for the private
sector to discuss interests in establishing strategic
partnerships, especially for the development and exploitation of
large scale enabling technologies. This should lead to requests
from the private sector for workshops hosted by Commerce.
Cooperation with the Department of Defense. During the next
quarter, the Office of the Assistant Secretary for Technology
Policy will continue its cooperation with the Department of
Defense in exploring ways in which Flexible Computer-Integrated
Manufacturing (FCIM) can assist in maintaining force readiness
for a national emergency.
Export Controls. Press for multilateral adoption of new U.S.
controls in the nonproliferation export area; continue to press
for complete COCOM harmonization and adoption of the Common
Standard of export licensing and enforcement so that a COCOM
license-free zone can be implemented.
Technical Assistance for Eastern Europe. The International Trade
Administration will select participants in the Consortia of
American Business in Eastern Europe grant program. The grant
program is one of six components of the new American Business and
Private Sector Development Initiative for Eastern Europe and is
designed to assist the U.S. business community increase its
commercial presence in that area.
The International Trade Administration is working with the Agency
for International Development and the OECD to evaluate existing
healthcare needs in Eastern Europe and the Soviet Union, and to
develop a set of proposals for development of an effective
delivery system, financing and insurance.
NTIA continues to work with the Department of State's Office of
Communications and Information Policy to provide spectrum
management seminars in Poland and Bulgaria this fall. We are
also working with the State Department to prepare for an
International Telecommunications Union regional development
conference in Prague this fall.
The USPTO will submit its fiscal year 1993-1997 Long-Range Plan
to the Congress with the President's fiscal year 1993 budget
submission.
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LEGISLATIVE ACTIVITIES
Export Administration Act renewal: Under this act, the
Department exercises jurisdiction over exports from the U.S. of
dual-use goods and technology. Exports of these items are
controlled for national security, foreign policy and short supply
reasons. The Senate has already passed its version of the bill.
The House Foreign Affairs Committee is expected to take action on
their version sometime early this fall.
Export Promotion Reauthorization: The Export Promotion functions
of ITA (US&FCS, TD, IEP,) will need to be reauthorized for FY
1992; however, Export Promotion reauthorization is part of the
EAA.
Lead Exposure Reduction (S. 391/H.R. 2404, 1750, 1066, 1989):
H.R. 1989, the American Technology Preeminence Act of 1991,
contains provisions calling for NIST to develop technical
criteria and standards and a voluntary laboratory accreditation
program to detect lead in paint films, soil and dust. DOC/NIST
is opposed to the inclusion of these provisions in the TA/NIST
authorization bill, and will work to have these provisions
dropped from H.R. 1989 during House-Senate conference.
American Technology Preeminence Act of 1991 (S. 1034/H.R. 1989)
H.R. 1989, passed the House on July 16, 1991 by a recorded vote
of 296-122. The Administration opposed the bill during floor
action strongly objecting to the Technology Commercialization
Loan Program which would authorize NIST to administer a program
of loans to selected businesses in support specific of technology
commercialization projects. Secretary Mosbacher notified House
Science Committee Chairman George Brown (D-CA) of his opposition
to the Loan Program, and stated that he would recommend to the
President that he veto the legislation if the Loan Program
remained in the final version.
NOAA Reauthorization: Legislation is pending in both the House
and the Senate which would authorize appropriations for many of
NOAA's programs. The Department is carefully reviewing portions
of these bills which contain language placing additional
restrictions on the Department's efforts to modernize NWS
operations.
Clean Water Act Reauthorization: The Department is working with
other agencies to develop comprehensive legislation to
reauthorize the Clean Water Act. The Department is particularly
interested in portions to strengthen research and monitoring
activities that are needed to improve water quality.
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USTTA Reauthorization: This would reauthorize USTTA which has
not been authorized since 1981. A bill to reauthorize USTTA has
passed the Senate Commerce Committee.
Economic Development Administration (EDA) Reauthorization:
Additional bills are still expected to be introduced in the House
to reauthorize EDA for Fiscal Years 1992, 1993, and 1994. The
Administration opposes these bills.
U.S. Soviet Trade: Under fast-track rules both the House and the
Senate will vote on a resolution of approval for the Agreement
and a proclamation on MFN.
Steel VRAS: The Steel VRA program expires in March 1992.
Currently, there are efforts underway within the industry and on
the Hill to extend the VRA with legislation beyond the expiration
date.
Defense Production Act: In August 1991, the President signed a
short-term extension of the DPA lasting until September 30, 1991.
The Banking Committee has ordered H.R. 3039 to be reported and
will file a committee report next week. The legislation is
expected to move to the floor in "short order" and to head into
conference with the Senate shortly thereafter.
Spectrum Legislation: The Administration has proposed
legislation that would reallocate 200 mhz of radio spectrum from
Federal Government use to private commercial use and require the
use of competitive bidding procedures for many commercial
spectrum licenses. House and Senate hearings on the issue
expected in late September/early October. We anticipate the
Secretary soon will be invited to testify on Spectrum before the
Telecommunications Subcommittee of the House Energy and Commerce
Committee (Markey).
Modified Final Judgement (MFJ): The Administration supports
legislation allowing the Regional Bell Operating Companies into
manufacturing. The Administration will oppose the Senate-passed
legislation because it includes domestic-content provisions. We
expect the House to hold hearings on various versions of MFJ
legislation in September-October.
Liability Risk Retention Act Amendments: The Secretary
transmitted a proposed bill to the Congress in February that
would provide an alternative insurance mechanism for commercial
liability insurance coverage for businesses unable to find
adequate insurance in the conventional market. The Department
expects bipartisan introduction of this legislation in both the
House and Senate in September.
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USPTO Authorization: This would reauthorize the Patent and
Trademark Office and modify the patent fee schedule. We expect
Senate and House Judiciary Committee mark-ups in September-
October.
Antitrust Relief for Joint Production Ventures: Senate Judiciary
has approved legislation which would waive antitrust provisions
for joint production ventures in order to make U.S. ventures more
competitive. We expect this legislation to come to the Senate
floor in September-October, and the Administration has
transmitted a letter of opposition to the Hill, signed by five
members of the Cabinet, because this legislation includes foreign
participation restrictions.
Malcolm Baldrige National Quality Award Amendment: NIST's
pending reauthorization legislation contains an amendment to the
Malcolm Baldrige National Quality Improvements Act of 1987 (P.L.
100-107) to permit DOC expenditures on award-related activities.
Nominations: We anticipate that positions needing Senate
confirmation during the remainder of the 102nd Congress will
include: Under Secretary for Export Administration (Banking),
Assistant Secretary for Export Enforcement (Banking), and
Assistant Secretary for Import Administration (Finance),
Assistant Secretary for Trade Development (Banking) and Chief
Economist (Commerce). The latter, Chief Economist, will only
require Senate confirmation if Congress passes Administration
sponsored legislation elevating the position to the PAS level.
Product Liability: Commerce will continue to support reform of
product liability insurance regulations, particularly for sector
specific acts such as the General Aviation Accident Liability
Standards Act introduced in the Senate last year.
REPORTS OR STUDIES
Industry Access to Japanese Science and Technology. The
Technology Administration's Japan Technology Program continues
its activities to increase U.S. industry access to Japanese
science and technology. For example, it will release reports on
Japanese developments in construction technology and opto-
computing during the remainder of 1991. The new Directory of
Japanese Technical Resources in the United States is planned for
release at the end of the year.
International Technology Cooperation. The OECD's Technology
Economy Program, a multi disciplinary project designed to develop
an integrated and comprehensive approach to technology issues in
the global economy, came to a successful conclusion with the
adoption of its findings by the June OECD Ministerial meeting.
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Action on these issues will be centered, in part, on the Science
and Technology Policy Committee where TA expects to play a major
role.
EC Communique Study Group. Secretary Mosbacher and EC Vice
President Martin Bangemann have agreed to a series of trade
studies concerning standards, testing, and certification to
strengthen their two-year old ongoing dialogue on these matters.
A U.S. study group will examine, in concert with EC counter-
parts, issues related to international standards and to
dissemination of standards information.
Technology Transfer Report. The Department of Commerce/Office of
the Assistant Secretary for Technology Policy will produce for
the President and Congress a report on Federal agency technology
transfer activities.
Telecommunications Infrastructure Study. DOC/NTIA has completed
a draft report on the state of the domestic telecommunications
infrastructure and forwarded it to OMB for review and interagency
approval. OMB and several outside agencies have responded with
comments and suggested edits on the draft report. NTIA and OMB
are in the process of meeting with the commenting agencies. We
hope to have the report complete in a very few weeks.
Housing Study. By the end of September, we expect to complete
the release of the "Summary Population and Housing
Characteristics" reports on a state-by-state basis. These
reports provide total population and housing unit counts as well
as summary statistics on age, sex, race, Hispanic origin,
household relationship, units in structure, value and rent,
number of rooms, tenure, and vacancy characteristics for local
governments, including American Indian and Alaska Native areas.
Population Study. In October, the Census Bureau will begin
processing the "General Population Characteristics" (1990 CP-1)
series on a state-by-state basis. This report, which provides
detailed statistics on age, sex, race Hispanic origin, marital
status, and household relationship characteristics, will be
presented for states, counties, places of 1,000 or more
inhabitants, minor civil divisions of 1,000 or more inhabitants
in selected states, state parts of American Indian and Alaska
Native areas, and summary geographic areas.
Report on Linkage Between Export and Jobs. By the end of
November, the Economics and Statistics Administration plans to
release an analytical report on U.S. employment attributable to
U.S. merchandise exports. This is the fourth of these occasional
reports published by the Department over the past decade. Key
data from the series have been widely quoted by the
Administration, Congress, the press and other.
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The first annual report of the Secretary of Commerce on Foreign
Direct Investment in the United States (FDIUS), required under
the "Foreign Direct Investment and International Financial Data
Improvements Act of 1990 was prepared by the Economics and
Statistics Administration and will be submitted to the Congress
in September 1991. Preparation for hearings on FDIUS are
expected this Fall, and Secretarial level officials are likely to
be asked to testify before the appropriate committees.
MEETINGS OR EVENTS
September 16. The National Medal of Technology awards will be
presented by the President. The Secretary will assist the
President. This White House ceremony will be followed by a press
reception and luncheon at the Decatur House (1600 H Street).
Other events scheduled include a dinner at the State Department.
On September 24. The President's Export Council will meet to
discuss work plans and issues relating to foreign market
development, competitiveness, export promotion, export financing
and export controls.
From September 24-27, National Minority Enterprise Development
(MED) Week '91 Annual Conference co-sponsored by the Minority
Business Development Agency, U.S. Department of Commerce, and the
U.S. Small Business Administration will take place.
In October, the USPTO will co-host a program for Visiting
Scholars, in association with the World Intellectual Property
Organization. The program is to familiarize representatives from
foreign countries with U.S. intellectual property practices.
On October 2-3, 1991, the Department will host the fourth
annual exhibit on accessible computer technology (ACT IV)
for people with disabilities.
October 8. Dedication of the Washington Forecast Office of the
National Weather Service (with availability of demonstrations
during the testing phase of the NEXRAD installation at that
site), Sterling, Virginia. Mrs. Marilyn Quayle, and Mrs.
Elizabeth Dole, head of the American Red Cross, are being invited
to speak at that event.
October 14-18. Under Secretary of Commerce Dr. John A. Knauss
heads the U. S. delegation to the United Nations Industrial
Development Organization Ministerial Conference on Ecologically
Sustainable Industrial Development, Copenhagen, Denmark.
From October 21-24, representatives from the USPTO will attend
the 9th Annual Trilateral Conference in Tokyo, Japan, to discuss
on-going activities between the European Patent Office, the
Japanese Patent Office and the USPTO.
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October 21. Officials from the United States Travel and Tourism
Administration will attend the 1991 Travel Industry Association
Conference. The outlook for 1992 is presented at this
conference.
November 11-15. International Commission for the Conservation of
Atlantic Tunas (ICCAT), twelth regular meeting, in Madrid, Spain.
The meeting will review the status of stocks of highly migratory
fishes in the Atlantic. Driftnets and certification of bluefin
tuna under CITES are expected to be issues.
December 2-3. OECD Joint Ministerial on Environment and
Development, in Paris. Ministers will consider the integration
of development and environment policies, with special reference
to the June 1992 United Nations Conference on Environment and
Development.
NEGOTIATIONS
North America Free Trade Agreement (NAFTA). The United States,
having already entered into a Free Trade Agreement with Canada,
is now participating in trilateral negotiations with Canada and
Mexico towards establishing a North America Free Trade Agreement.
The U.S. negotiating team is led by the Office of the U.S. Trade
Representative (USTR) However, at the request of USTR, John
Donaldson of NIST's Office of Standards Services has been asked
to lead the team that is exploring standards-related issues.
To date, several meetings of the full negotiating team have been
held. The U.S. standards team is in the process of developing
an issue paper that will be the basis for further negotiations.
Progress reports may be issued from time to time subject to
decisions of the USTR.
Lumber: Canada announced its intent to withdraw from the
Memorandum of Understanding effective October 4. The USG is now
formulating a response to what has become a major source of
bilateral trade friction.
New Information Processing Technologies (NIPT). Japan agreed to
negotiate possible international R&D collaboration in advanced
computing under the auspices of the U.S. -Japan Science and
Technology Agreement. A formal U.S. response is scheduled to be
sent to MITI in October after Technology Administration hosts a
workshop on September 25 with U.S. industry.
Science and Technology Agreements. Following on recent successes
with the PRC, Indonesia, New Zealand, Venezuela, Mongolia and
Czechoslovakia, negotiations are underway with Portugal, Brazil,
Chile, Australia, the Philippines and Uruguay on Umbrella S&T
Agreements. Negotiations will begin shortly with India and
Turkey. Major outstanding issues include obtaining agreement to
ensure proper protection of U.S. intellectual property rights.
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Intelligent Manufacturing Systems (IMS). The Technology
Administration is leading a U.S. effort under the U.S.-Japan S&T
Agreement to negotiate international R&D collaboration in
advanced manufacturing. Terms of Reference to begin a two-year
feasibility study should be agreed to by the six participating
regions by October. We are beginning the review of possible U.S.
private sector delegates to the international Committees that
will administer the feasibility study.
Machine Tool Voluntary Restraint Agreement (VRA) VRAS with
Japan and Taiwan are due to expire on December 31, 1991.
Industry is supporting extension of the VRA; the Administration
has not yet formulated its position.
Airbus: There are two pending GATT actions on EC subsidies to
Airbus: (1) a Subsidies Code Panel on the status of the German
Exchange Rate Scheme (GERS), and (2) a GATT case on the general
issue of government subsidies to Airbus. The Subsidies Code
Panel has issued its preliminary facts report on the GERS and a
final report is anticipated in mid-October. With regard to
general government subsidies, a special meeting of the GATT
Subsidies Code Committee has been scheduled for late September to
discuss the U.S. request for conciliation.
Shipbuilding: Commerce is assisting in the USG's effort to
conclude an agreement to limit subsidies and unfair pricing of
ships before the end of the year. Meetings are scheduled for
September and October 1991. An early and effective agreement
will be necessary to forestall legislation submitted to Congress
seeking unilateral U.S. action.
Multilateral Steel Agreement. The next set of negotiations are
scheduled for September 30. Recently, progress toward an
agreement has slowed due to the overlap of issues in steel and
the Uruguay Round. Any effective agreement must be comprehensive
and fully reflect the President's objectives under the Steel
Liberalization Program.
Driftnet Fishing. On August 13, Secretary Mosbacher certified
Taiwan and Korea under the Pelly Amendment of the Fishermen's
Protective Act for violations of bilateral driftnet agreements.
Within 60 days of certification, the Secretary will provide to
the President a recommendation regarding embargoes on imports of
fish products from Taiwan and Korea.
National Weather Service Modernization and Restructuring.
Legislative interest in office closures remains high and
amendments to the NOAA Authorization Act of 1991 have been
offered that would limit the Secretary's and the Weather
Services' ability to certify that offices can be closed.
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The NOAA Reauthorization Legislation. A Senate bill
(S. 1405) has been reported out of the Commerce Committee. Two
counterpart bills have been introduced, H.R. 2130 in the House
Merchant Marine and Fisheries Committee and H.R. 2011 in the
Science and Technology Committee.
From November 11 to 18, USPTO representatives will participate in
a meeting of the Working Group on the Application of the Madrid
Protocol of 1989 (Fourth Session) in Geneva, Switzerland. The
Protocol is concerned with the international registration of
trademarks and service marks.
1992 World Administrative Radio Conference (WARC 92) . The FCC
and DOC/NTIA are continuing to work to resolve their differences
concerning the spectrum allocation for the satellite sound
broadcasting and the complementary terrestrial service. The
question may ultimately have to be resolved by the White House.
The U.S. proposals for WARC '92 have been forwarded to the
International Telecommunications Union (ITU) minus the DAB issue.
REGULATIONS
This fall, the Department of Commerce intends to revise
regulations governing the take of sea turtles by shrimp trawlers.
The revisions will enhance the conservation of threatened sea
turtles by requiring the use of a Turtle Excluder Device (TED) on
shrimp trawlers at all times and in all places.
By October 4, Commerce will publish final rules constituting a
comprehensive revision of the regulations of the Foreign-Trade
Zones Board. The new regulations will provide definitive
criteria for reviewing proposed zone activity and improved
procedures for decision making. They also include a more
structured monitoring program.
The North Pacific Fishery Management Council (NPFMC) reapproved
the position it had taken in June in allocating groundfish
between onsure and offshore fishermen and will make a final
recommendation for Secretary Mosbacher to review during
September or early October. The Secretary will have 95 days from
the date of submission to approve, amend, or reject the
amendments.
Duty of Disclosure of Prior Art to the USPTO: On August 6, 1991,
the USPTO published a notice of proposed rulemaking to modify the
practice relating to the duty of disclosure. A public hearing
has been set for October 8, 1991.
Publish final regulations implementing the President's Enhanced
Proliferation Control Initiative (November-December).
14
STATEMENT OF EDUCATION
UNITED STATES DEPARTMENT OF EDUCATION
UNITED STATES OF AMERICA
OFFICE OF THE SECRETARY
September 13, 1991
MEMORANDUM FOR EDE HOLIDAY
ASSISTANT TO THE PRESIDENT
AND SECRETARY OF THE CABINET
FROM:
Stephen I. Danzansky
Chief of Staff
SUBJECT:
1991 Fall Issues Assessment
The following report summarizes key issues and activities at the
Department of Education for September 15 to December 31, 1991.
I. HIGHEST PRIORITIES -- SUMMARY LISTING
1.
Activities to implement the President's AMERICA 2000
education strategy and to create and sustain the national
crusade.
2.
House and Senate passage of AMERICA 2000 legislation.
In the Senate, the Administration and the Senate Committee
on Labor and Human Resources are continuing negotiations
over the President's proposal and various counter proposals,
including S.2, offered by the committee's majority
leadership. In the House, the Administration is working
with the Elementary, Secondary & Vocational Subcommittee on
a separate proposal they have developed.
3.
Reauthorization of the Higher Education Act. Both House and
Senate are scheduled to mark-up and pass bills this fall.
4.
Implementation of legislation enacted by Congress last year
to exclude schools with high default rates (over 35%) from
participation in the Guaranteed Student Loan program.
5.
Reauthorization of the Office for Educational Research and
Improvement; the bill is likely to be marked up on the same
schedule as the HEA reauthorization.
400 MARYLAND AVE., S.W. WASHINGTON. D.C. 20202
-2-
II. SURVEY OF KEY ISSUES
SECRETARIAL ACTIVITIES
September 16.
The Secretary will address the Fortune Education Summit in the
morning and attend the Republican National Hispanic Assembly
Luncheon. The Secretary will meet with Colorado Governor Roy
Romer to discuss AMERICA 2000.
The Secretary will announce a $500,000 Department of Education
grant to the National Academy of Sciences; the Academy's National
Research Council will take the lead in developing new standards
and assessments in math and science.
The Deputy Secretary will attend the Fortune Education Summit.
He will also address a meeting of the Reserve City Bankers on
business involvement in AMERICA 2000.
September 17.
The Secretary will meet with House Republican members of
Postsecondary Education Subcommittee to discuss HEA authorization
and subcommittee reauthorization. The Secretary will also attend
a White House briefing for the Republican National Hispanic
Assembly.
The Deputy Secretary will attend a Federal Coordinating Committee
on Science, Education and Technology Breakfast. He will also
appear in the PBS broadcast of the New American Schools
Development Corporation Design Conference; the broadcast is a
live, interactive teleconference to over 30 sites in the nation
and uses parts of the September 13 Los Angeles conference.
September 19.
The Secretary will travel to Wilmington and Dover, Delaware, for
the kickoff of DELAWARE 2000; while in Delaware he will attend a
Delaware GOP fundraising breakfast.
The Deputy Secretary will address members of the SES at the
Department of Labor Academy.
September 20.
The Secretary will travel to Burlington and Hindsburg, Vermont
for the kickoff of VERMONT 2000. While in Vermont, he will
address the Caledonia Republican Dinner in Concord.
-3-
September 21.
The Secretary will travel to Mackinac, Michigan, to address the
Mackinac Republican Leadership Conference.
September 23.
The Secretary will travel to Orlando, Florida to address the
Orlando Chamber of Commerce and attend a meeting of the school
choice group, Floridians for Choice; Jeb Bush will also attend.
The Deputy Secretary will attend a meeting of the National
Council on Education Standards and Testing.
September 24.
The Secretary will attend the Blue Ribbon Schools White House
Ceremony.
The Secretary (T) and the Deputy Secretary will testify at a
Joint Hearing on Science, Mathematics and Engineering Education.
September 25.
The Secretary will attend a Time Editorial Board Luncheon.
September 26.
The Deputy Secretary will address the Sunbelt Caucus on AMERICA
2000.
September 27.
The Secretary will travel to Raleigh, North Carolina for the
NORTH CAROLINA 2000 kickoff; while in Raleigh, he will address
the Governor's Business & Education Luncheon on AMERICA 2000.
The Secretary will address the Concerned Women for America on
AMERICA 2000.
September 30.
Release of the first National Education Goals Panel report card.
The Secretary will attend a meeting of the National Education
Goals Panel. The Deputy Secretary will attend the third New
American Schools Development Corporation Design Conference in
Arlington, Virginia.
October 1.
The Deputy Secretary will speak to the American Business
Conference on AMERICA 2000.
-4-
October 2.
The Secretary will travel to Chicago for the kickoff of CHICAGO
2000 (T).
October 3.
The Secretary will travel to Indianapolis, Indiana for the
kickoff of INDIANA 2000; Mrs. Bush may accompany the Secretary
(T).
The Deputy Secretary will speak to the Business Week CEO
Symposium on AMERICA 2000.
October 4.
The Secretary and the Deputy Secretary will attend a meeting of
the New American Schools Development Corporation at Camp David.
October 6-8.
The Secretary will attend the U.S./Mexico Border Conference in El
Paso and Juarez, Mexico.
October 9.
The Secretary will travel to Vail, Colorado for the 75th
Anniversary of the National Park Service and to Seattle,
Washington for the Partners in Public Education dinner.
October 17.
Interior Secretary Manuel Lujan will travel to Alaska for the
kickoff of ALASKA 2000.
October 18.
The Secretary will travel to Atlanta, Georgia for the kickoff of
GEORGIA 2000; while in Atlanta he will address the Governor's
Education Conference on AMERICA 2000.
The Deputy Secretary will attend a meeting of the White House
Domestic Policy Council.
October 21.
The Secretary will travel to Pennsylvania for an education event
with Dick Thornburgh (T).
October 22.
The Secretary will travel to Richmond, Virginia for the RICHMOND
2000 kickoff.
-5-
October 23.
The Secretary will meet with the Scholastic Editorial Board to
discuss AMERICA 2000.
October 24.
The Secretary will travel to Massachusetts for the kickoff of
MASSACHUSETTS 2000.
October 27.
The Secretary will travel to Des Moines, Iowa for the IOWA 2000
kickoff.
The Secretary will attend the October 27-28 Iowa Conference; the
National Governors Association and Department of Education will
sponsor this meeting that will review progress toward reaching
the National Education Goals (with a special emphasis on AMERICA
2000).
October 28.
The Deputy Secretary will attend a meeting of the National
Council on Education Standards and Testing.
October 30.
The Secretary will travel to San Antonio for the kickoff of SAN
ANTONIO 2000 (T).
October 31.
The Secretary will travel to Alabama for the ALABAMA 2000
kickoff.
November 12.
The Deputy Secretary will speak at Florida A&M on AMERICA 2000.
December 16.
The Deputy Secretary will attend a meeting of the National
Council on Education Standards and Testing.
INITIATIVES AND POLICIES UNDER DEVELOPMENT
Application for Federal Student Aid. The Department's office of
Postsecondary Education is developing a simplified application
for Federal student aid.
-6-
Fund For Innovation Grants. By September 30, the Office of
Educational Research and Improvement, through the Fund for
Innovation in Education, will award approximately $7.5 million to
18 pilot projects to establish and operate Academies for School
Teachers and School Leaders at the elementary and secondary
levels, with emphasis placed on the core subject areas. This is
an AMERICA 2000 initiative.
National Institute for Literacy. The Institute, established by
Section 102 of the National Institute for Literacy Act of 1991
(P.L. 102-73), is authorized to enhance the national effort to
eliminate the problem of illiteracy by the year 2000 by improving
research, development, and information dissemination. The
Department's Office of Educational Research and Improvement will
support the Institute under the terms of an interagency agreement
entered into by the Secretaries of Education, Labor, and Health
and Human Services.
National Education Commission on Time and Learning. This
Commission, established by Section 102 of the Education Council
Act of 1991, will examine the quality and adequacy of the study
and learning time of elementary and secondary students in the
U.S. Issues to be examined include the length of the school day
and year, the extent and role of homework, how time is being used
for academic subjects, year-round professional opportunities for
teachers and the use of school facilities for extended learning
programs.
The U.S./Mexico Border Conference on Education. Hosted by
Secretaries of Education Alexander and Manuel Bartlett, the
meeting is being convened to improve education on both sides of
the border. The conference will focus on teacher exchanges in
the teaching of Spanish and English, teacher training, science
and mathematics education, migrant education, literacy, dropout
prevention, technical education, faculty and student exchange,
continuing education and educational technology. Approximately
300 education officials and corporate representatives will
attend.
Secretaries Alexander and Bartlett will sign an annex to the
U.S/Mexico Memorandum of Understanding on Education. New areas
of cooperation will include certification for students migrating
back and forth across the border, cooperation on the prevention
of dropouts and cooperation in the field of environmental
education.
-7-
SIGNIFICANT PROBLEM AREAS
Single Race and/or Single Sex Schools or Classes. The Office for
Civil Rights has received two letters of complaint on this issue.
In light of the widely publicized recent court decision on the
case of the Detroit School District, and the apparent
proliferation of these schools and classes, there is likely to be
continued public attention to this issue.
Student Financial Aid Programs in Which Race, Color, or National
Origin is a Factor. This issue generated extensive interest from
Congress, media and advocacy groups. We anticipate continued
interest in this issue, especially after the proposed policy
guidelines are released (see Washington Legal Foundation V.
Alexander).
Asian American Reviews and Affirmative Action. Several of the
pending compliance reviews addressing whether Asian Americans are
being discriminated against are implicating affirmative action
programs favoring other minority groups. The Office for Civil
Rights will complete a compliance review of Boalt Hall School of
Law and the School of Optometry of UC Berkeley, as well as
resolving the violation finding in the UCLA Mathematics
Department (graduate program).
Middle States Association Review. Department will determine
whether the Middle States Association should be recognized in
light of its application of self-styled "diversity" standards.
The Advisory Committee will meet in mid to late November.
LEGISLATIVE ACTIVITIES
AMERICA 2000. The President's bill was transmitted to Congress
on April 23, 1991. Thus far, most of the early action on the
Administration's new bill containing AMERICA 2000 proposals has
been in the Senate. There, the bill was introduced by the
bipartisan leadership of the Senate Labor and Human Resources
Committee and was the subject of one hearing, at which the
Secretary testified. The Democrats, led by Chairman Kennedy,
have attempted to combine AMERICA 2000 with S.2, a bill
introduced as an attempt to come up with a Democratic alternative
to the President's proposals, as well as with a number of other
Democratic proposals sponsored by Senators Kennedy and Pell.
Some of the major Democratic proposals added to the bill include:
two additional national goals, a public school choice
demonstration program, the creation of a new education goals
panel, a school restructuring program first put forth by the
Chief State School Officers, a comprehensive services program,
national teacher academies, a new national teacher corps, and
many smaller programs.
-8-
The Department and OMB have participated in a number of
negotiation sessions with key bipartisan Committee staff, and
consensus has been reached on many provisions in the bill.
However, the Administration has informed the Committee that there
are four major provisions remaining in the bill that are
completely unacceptable and would likely result in a veto. They
are: the National Education Goals Panel, the lack of private
school participation in the choice and New American Schools
programs, the failure to provide FY92 funding for the New
American Schools, and the inclusion of a comprehensive services
program that may allow abortion counseling on school premises.
As a result of these disagreements, mark-up of the bill has been
postponed a number of times to allow both sides more time to
negotiate.
In the House, our AMERICA 2000 bill was introduced by House
Republican Leader Bob Michel (R-IL) and House Education and Labor
Committee Ranking Republican Bill Goodling (R-PA), along with a
total of 64 cosponsors, all of whom are Republicans. The House
Elementary, Secondary, and Vocational Education Subcommittee
(Kildee) has held 3 hearings, at one of which the Secretary
testified. On September 12, Congressmen Kildee, Ford, and
Goodling introduced legislation titled "The Better Education for
All Students Act. This legislation has been developed in
response to AMERICA 2000 legislation, and will likely be the
subject of a hearing early next week. The Committee will try to
be on a fast track with this bill, and will attempt to mark it up
within the next 6 weeks or SO. In general, their proposal has
generated some positive interest at the Department, though we
have some serious concerns that must be addressed in order to
obtain Administration support. In summary, both the House and
Senate may pass AMERICA 2000 legislation before Congress adjourns
for the year sometime around Thanksgiving.
Reauthorization of the Higher Education Act. The Administra-
tion's bill was transmitted to the Hill on June 5, 1991. Since
that time, the House Postsecondary Subcommittee has held over 30
hearings, 10 of which had a Department witness testifying. The
Senate held 19 hearings, one of which had a Department witness.
During the August congressional recess, bipartisan Committee
staff in both the House and Senate began to draft legislation
that is scheduled to be considered on the Subcommittee level in
both Houses in late September or early October. Full Committee
action is expected shortly thereafter, with the goals of both
Houses to pass a bill before Congress adjourns for the year.
Conference action is expected in early 1992.
While the expressed goal of the Committee leadership in the House
and Senate is to pass a bill that receives bipartisan support,
there are likely to be some key areas of disagreement between
Congress and the Administration. Some of the most contentious
issues will be: whether or not to have a direct loan program;
expansion of student aid eligibility to middle class students
-9-
versus targeting aid to the lowest income students; whether to
make the Pell grant program an entitlement; increasing grant
awards and, loan borrowing limits; changes to the Department's
accreditation system; and setting minimum academic standards for
federal student aid eligibility.
In addition, in late September or early October, decisions will
likely be made by the Secretary on both the Middle States
Accrediting Agency and Minority Scholarship issues. Depending on
the Secretary's decision, both of these issues could become
problem areas during the reauthorization. Finally, there are a
number of higher education legislative proposals that the
Department is currently discussing with OMB that may impact the
final HEA bill produced by Congress.
Reauthorization of the Rehabilitation Act of 1973. The
Department's proposed draft for reauthorization was forwarded to
OMB for review on August 15.
OERI Reauthorization. The Department's OERI reauthorization was
transmitted to Congress on August 19, 1991. Both the House and
Senate held two hearings each, one each of which featured a
Department witness. The OERI reauthorization is likely to be
marked up on the same schedule as the HEA reauthorization, and
both bills are likely to be combined for floor consideration
before Congress adjourns for the year.
Some of the major issues to be considered include: establishing
research priorities and a long-range research agenda; creation of
an independent board to determine a research agenda; creation of
independent institutes to do research and development activities;
the role and structure of the National Assessment of Educational
Progress (NAEP) ; and improving dissemination of products of
researchers in a usable form to the consumers of the research
including education, parents and students.
REGULATIONS
Family Educational Rights and Privacy Act (FERPA). In August,
the Senate passed H.R. 2312, which contains an amendment to FERPA
to permit campus law enforcement units to publicly release
records that have been created by a law enforcement unit for a
law enforcement purpose. Another version, H.R. 2313, makes
certain technical and conforming amendments to the Follow Through
Act and Head Start Transition Project Act. The House version,
which passed in June, did not contain language amending FERPA and
the Senate has requested a conference to work out the differences
in H.R. 2312. Should an agreement be reached concerning the two
bills, the Family Policy Compliance Staff expects to begin work
this fall on amending the FERPA to reflect the changes made to
FERPA as a result of this legislation.
-10-
REPORTS OR STUDIES
October
AMERICA 2000: Creating New American Schools. The Department is
preparing a directory of research and practice across a wide
range of topics including early childhood education, five core
subject areas, assessment, magnet schools, and dropout
prevention. The purpose of the directory is to provide
information to educators, parents, and community leaders on the
latest thinking in a particular subject, examples of promising
projects that are being tried, and where to go for assistance.
The directory is a starting point for AMERICA 2000 communities
and others interested in improving education to look for new
ideas and find out who is doing what.
Indian Nations At Risk. The report of the Indian Nations at Risk
task force which calls for comprehensive strategies to improve
the education of Native Americans, is now in final draft. In
consultation with the White House and the Secretary of the
Interior, a decision must be made soon about the release of the
report. Former Education Secretary Ted Bell and former Alaska
Commissioner of Education William Demmert are Co-chairs.
Trends in Academic Progress. OERI will release this NAEP report
providing trend data in science (1969-1990), mathematics (1973-
1990), reading (1971-1990), and writing (1984-1990).
December
NAEP. In December 1991, OERI will release 1990 NAEP assessments
in mathematics on the use of calculators and computers in
American classrooms.
MEETINGS or EVENTS
Fall Meeting of the National Advisory Council for Accreditation
and Agency Evaluation in mid to late November.
The President's Board of Advisors for Historically Black Colleges
and Universities will hold its last meeting of 1991 in early
December.
COURT DECISIONS/LITIGATION
Tipton V. Secretary of Education. A Federal District Court
decision allowed students to invoke a West Virginia consumer
protection law as a defense to their Guaranteed Student Loans.
Banks are concerned that this decision will threaten their
-11-
protection under their government guarantees, because of trade
school inadequacies. Resolution of issues raised by this case --
specifically lender liability where there is misconduct by an
educational institution is being handled by the Office of the
General Counsel.
Washington Legal Foundation V. Alexander. The case involves the
issue of the legality of race-specific scholarships and is
presently pending before the U.S. District Court for the District
of Columbia. Oral argument on OCR's motion to dismiss was heard
on August 22, 1991. The Department will continue working on this
case if it is not dismissed.
Garrett V. School District of the City of Detroit. On August 16,
1991 the U.S. District Court for the Eastern District of Michigan
granted a preliminary injunction holding that the exclusion
and/or discouragement of girls from applying and attending the
public school Male Academies (an all male African American
school) violates the Equal Protection Clause of the Fourteenth
Amendment to the U.S. Constitution, Title IX of the Education
Amendments of 1972, the Equal Educational Opportunities Act and
the Michigan state constitution and statutes.
United States V. Mabus. Mississippi's brief in this higher
education desegregation case was due September 6, and the
government's reply brief is due October 7. Oral argument before
the Supreme Court will probably occur in November.
Freeman V. Alexander. The General Counsel's office is awaiting a
decision by the Eleventh Circuit on a challenge by the DeKalb
County, Georgia School District to the Department's termination
of all financial assistance to the district based on its
noncompliance with Section 504 of the Rehabilitation Act. The
Department expects this issue to be decided by the Supreme Court.
Church-State litigation. The General Counsel will be assisting
the Department of Justice in several cases involving the
constitutionality of Chapter 1 and Chapter 2 services to private
school children. The Sixth Circuit is expected to issue a
decision soon in Barnes V. Cavazos (constitutionality of Chapter
1 services to private school children), and the Supreme Court
will be hearing argument next term in Lee V. Weisman
(constitutionality of invocation and benediction given at public
middle school graduation ceremony).
OTHER
See attachment: AMERICA 2000 Field Report.
-12-
CLOSE HOLD
AMERICA 2000 FIELD REPORT
September 12, 1991
I. STATE 2000 KICKOFF COMPLETED
State
Governor
Kickoff Date
COLORADO
Roy Romer (D)
June 17, 1991
WYOMING
Mike Sullivan (D)
June 21, 1991
OREGON
Barbara Roberts (D)
August 22, 1991
AMERICAN SAMOA
Peter Coleman (R)
August 30, 1991
MAINE
John McKernan (R)
September 3, 1991
MARYLAND
William Schaefer (D)
September 5,1991
NEBRASKA
Ben Nelson (D)
September 5, 1991
MINNESOTA
Arne Carlson (R)
September 12, 1991
II. STATE 2000 KICKOFF SCHEDULED
State
Governor
Kickoff Date
DELAWARE
Michael Castle (R)
September 19, 1991
VERMONT
Howard Dean (D)
September 20, 1991
NORTH CAROLINA
James Martin (R)
September 27, 1991
INDIANA
Evan Bayh (D)
October 3, 1991
ALASKA
Walter Hickel (I)
October 17, 1991
GEORGIA
Zell Miller (D)
October 18, 1991
MASSACHUSETTS
William Weld (R)
October 24, 1991
IOWA
Terry Branstad (R)
October 27, 1991
ALABAMA
Guy Hunt (R)
October 31, 1991
In addition to these 17 states or territories, the governors of 27 other states or territories
are at work planning State 2000 efforts. It is expected that many of these may be ready
for a public kickoff during the Fall. Hundreds of AMERICA 2000 Community
organizations are being formed from San Antonio to Cincinnati and from Memphis to
Tucson - - including efforts in virtually every state.
OF ENERGY.
Department of Energy
AMERICA
Washington, DC 20585
STATES
OF
September 18, 1991
MEMORANDUM FOR THE HONORABLE EDE HOLIDAY
ASSISTANT TO THE PRESIDENT
AND SECRETARY TO THE CABINET
FROM:
POLLY L. GAULT
CHIEF OF STAFF
1991 FALL-WINTER ISSUES ASSESSMENT Pollybut
Rb
for
SUBJECT:
The following report summarizes key issues and activities at the Department of Energy
for September to December 31, 1991.
I.
HIGHEST PRIORITIES -- SUMMARY LISTING
Energy
Implementation of the National Energy Strategy, including pursuit of NES
legislation¹. (PE)
Alternative Motor Fuels Act of 1988 implementation, including
implementation of the President's Executive Order to expand Federal
purchases of alternative fuel vehicles, in coordination with the
Interagency Commission on Alternative Motor Fuels and with the support of
the U.S. Alternative Fuels Council. (PE)
Work with the National Petroleum Council (NPC) to complete a long-term
refinery study, with emphasis on issues related to Title II Clean Air Act
Amendments implementation. (PE)
--
Negotiate the energy section of the North American Free Trade Agreement.
(IE)
--
Develop the energy provisions for the European Energy Charter. (IE)
Prepare Asia Pacific Economic Cooperation (APEC) energy issues for November
APEC Ministerial. (IE)
Pursue uranium enrichment restructuring legislation. (NE)
Initiate survey of U.S. industry "lessons learned" from last year's Gulf
Crisis and International Energy Agency issues. (IE)
Implementation of the Clean Air Act Amendments of 1990, especially acid
rain regulations. (PE)
1 The most recent memorandum to Ede Holiday on upcoming scheduled and
proposed NES events, and other NES matters, is attached for reference.
2
Develop an international energy position paper for the U.S. delegation to
the preparatory committee for the UN Commission on Environment and
Development. (IE)
Defense
Savannah River - Restart of K-Reactor. (DP)
Rocky Flats - Resumption of plutonium operations in Building 559. (DP)
Implement the Threshold Test Ban Treaty (TTBT). (DP)
Complete the review of projected inventory levels and uses for excess
highly enriched uranium. (DP)
Prepare the PEIS for Reconfiguration of the weapons complex. (DP)
Establish a schedule for completion of the site-wide EIS for the Rocky
Flats Plant and follow through to completion. (DP)
Issuance of Final Environmental Impact Statement for Siting, Construction,
and Operation of New Production Reactors (NPR) Capacity. (NP)
Issuance of Record of Decision for NPR. The Secretary will choose a
technology (heavy water reactor, light water reactor, or modular high-
temperature gas-cooled reactor) and a site (Hanford, Idaho National
Engineering Laboratory or Savannah River). (NP)
Environment
Commencement of Test Phase with transuranic waste at the Waste Isolation
Pilot Plant (WIPP), located near Carlsbad, New Mexico, preferably aided by
the enactment of legislation which would permanently withdraw the land on
which the facility is located from the public domain. (EM)
Pursue legislation included in the National Energy Strategy (NES) to
conduct unobstructed site characterization of the Yucca Mountain, Nevada,
candidate site for a high-level radioactive waste repository, and to de-
link the schedules for the construction of a Monitored Retrievable Storage
facility and the repository. (RW)
Continue to work with DOE Program and field offices, the EPA and other
regulatory agencies to resolve Federal facilities environmental compliance
issues. (EH)
Reauthorization of the Resource Conservation & Recovery Act (RCRA),
including both federal facilities and general energy industry issues.
Complete the DOE response to the Occupational Safety and Health
Administration Evaluation of the DOE's Occupational Safety and Health
Program (EH) for its Government-Owned Contractor-Operated (GOCO) Facilities.
3
Activities to prepare for the 1992 UN Conference on Environment and
Development (UNCED). (PE)
Evaluation and resolution of safety issues associated with the storage of
high-level radioactive waste (HLW) in underground tanks at Hanford and
other DOE sites. (EM)
Development of a strategy to support a DOE position on the disposal of
hazardous wastes potentially contaminated with radioactive materials at
commercial treatment, storage, and disposal facilities. (EM)
--
Initiate cooperation with the EC and others through the International
Atomic Energy Agency (IAEA) on nuclear safety assistance to Bulgaria. (IE)
Implement program for U.S. participation in international programs to
improve the safety of Soviet-designed VVER 440/230 nuclear reactors. (NE)
Science and Technology
--
Activities associated with the Third and Fourth Negotiation Sessions on
Climate Change Framework Convention. (PE)
--
Implementation of DOE's Enhanced Technology Transfer Program. (PE)
--
Implementation of Secretary of Energy Notice (SEN) 33-91 on the Science and
Technology Advisor's organization and science and technology
responsibilities within DOE. (PE)
--
Continue working with the DOE National Laboratories on Infrastructure
Revitalization. (ER)
--
Continue Superconducting Super Collider (SSC) R&D and construction
activities and, particularly, pursuit of international collaboration for
the SSC. (ER) (IE)
Expand the Human Genome Program and continue to work with the National
Institutes of Health to establish a large public database of human
chromosomes, to exchange information, and to pursue international
collaborations. (ER)
--
Continue emphasis on Math, Science and Engineering Education activities.
(ER)
--
Continue negotiations on the Engineering Design Activities phase of the
International. Thermonuclear Experimental Reactor. (ER)
--
Develop an overall policy and negotiate an agreement with respect to
energy, R&D and trade relations with the U.S.S.R. and its major individual
republics. (IE)
Continue negotiations of a Framework Agreement on Global Climate Change
through International Negotiating Commission. (IE)
4
The EPA will issue regulations implementing the Acid Rain title of the
Clean Air Act Amendments of 1990. FE is working with PE to ensure that
these regulations take into account our concerns. (FE)
II. SURVEY OF KEY ISSUES
A.
SECRETARIAL ACTIVITIES
September The Secretary will announce the appointment of a new BPA Administrator.
(CE)
September
The Deputy Secretary of Energy is planning to lead a delegation to Canada
to begin formal talks with the Government of Canada regarding possible
Canadian participation in the Superconducting Super Collider. (ER)
Sept 16-18 The Secretary will lead the U.S. Delegation to the 35th General Conference
of the International Atomic Energy Agency (IAEA) in Vienna, Austria. (IE)
Sept 30
The Secretary will meet with the Chairman of the French Atomic Energy
Commission, Phillipe Rouvillois, in Washington, D.C. (IE)
Early Oct
The Secretary will meet with German Minister of Research and Technology
Heinz Riesenhuber in Washington, D.C. (IE)
tober
The Secretary may participate in an October joint press conference with the
President of the National Association of Manufacturers (NAM) to announce an
energy efficiency brochure jointly produced by DOE and NAM which will be
sent to CEO's of NAM's 13,000 plus member companies. (CE)
October
The Secretary will announce which sites will be considered for further
evaluation as candidates for the relocation of the functions of the Rocky
Flats Plant. This is part of the Programmatic Environmental Impact
Statement (PEIS) for the Reconfiguration of the Nuclear Weapons Complex.
The candidate sites will also be evaluated for potential consolidation of
nuclear weapons activities currently being conducted at the Oak Ridge Y-12
Plant and the Pantex Plant. (DP)
Oct 25
The Federal Energy Efficiency Awards will be presented by the Secretary to
Federal personnel around the world at a ceremony at the Russell Senate
Office Building in Washington, D.C. (CE)
Oct 27-30 The Secretary may participate in the American Gas Association's annual
meeting to encourage the use of natural gas as an economical,
environmentally sound alternative transportation fuel, and to commend the
AGA's Education 2000 initiative (tentative). (PE)
Oct 30
The Secretary is expected to present the Sadi Carnot and John Ericsson
awards for outstanding contributions in energy efficiency and renewable
energy. Each award consists of a gold medal and check for $10,000. (CE)
5
November/
The Secretary will sign the Agreement for the International Thermonuclear
December
Experimental Reactor engineering design activity (EDA) with senior
officials from the European Communities, Japan and the U.S.S.R. (IE)
Dec 3-5
The Secretary may participate in the NASA 2001 Conference (tentative).
(PE)
Mid-Dec
The Secretary will issue the draft Program Opportunity Notice for Round 5
of the Clean Coal Technology Program. (FE)
B.
INITIATIVES AND POLICIES UNDER DEVELOPMENT
NIPER Recompetition. Efforts to develop the RFP for the NIPER
recompetition are on schedule; solicitation for M&O contract utilizing
NIPER facilities on track for release mid to late Fall 1991. (FE)
Class 2 Oil Reservoir Workshops. Regional workshops on NES-Advanced Oil
Recovery Program Class 2 reservoirs to be held in November and December to
provide information on research, development and demonstration projects
aimed at increasing producibility in shelf carbonate reservoirs, and to
receive public input and comments on the program. (FE)
Clean Coal Technology for Poland. Initiation of the Krakow Clean Coal and
Energy Efficiency Project is planned for September 1991. Pilot-scale tests
in Krakow will follow soon thereafter. (FE)
NPOSR/CUW M&O Contractor Recompetition. Decision was made to recompete the
contract which was scheduled to expire on September 30, 1991, rather than
extend the contract for another 5 years. Because of delays in publishing
the RFP caused by the desire to incorporate the new DOE rulemaking
provisions, the contract is being extended 6 months with the option for
another six month extension. The Source Evaluation Board will review the
proposed RFP in September. It is anticipated that the recompetition
process will be completed in July 1992 with the new contract being
effective October 1, 1992. (FE)
NPOSR Revolving Fund. Responding to guidance from The Secretary to
implement more responsive and business-like management of the Naval
Petroleum and Oil Shale Reserves, program staff will prepare and coordinate
Departmental review of an initiative to expand the use of a revolving fund
mechanism. This would utilize the substantial revenues generated by the
program to fund future operations (similar to a revolving fund currently
being used to fund the Naval Oil Shale Reserves Gas Protection Program) and
would include operations at the Elk Hills and Teapot Dome oil fields. (FE)
Financial and Project Management Improvement Program. The Secretary
established this program to improve the Department's business management
practices through increased DOE involvement in the contract administration
and oversight of our management and operating contractors and to establish
greater fiscal accountability with the Department. A comprehensive plan
6
has been developed to fix the cost control and financial management
problems which have been identified in our major construction programs.
Implementation of these business management initiatives has already begun
and will continue throughout the Fall. (PR)
Revision of DOE Contractor Occupational Health Program Order. Develop
revised order to establish clear, unambiguous, requirements for DOE
contractors that are equivalent to Occupational Safety and Health
Administration (OSHA) regulations. (EH)
New Production Reactor EIS. Issue the NPR EIS in the Fall of 1991 and the
Record of Decision (ROD) in December 1991. (EH)
Improve Energy Efficiency in Public Housing. Under the DOE-HUD Initiative,
begun in 1990 and supported in the NES, we will be selecting pilot projects
to apply DOE's energy-saving technologies to HUD-supported public housing
in Boston, Kansas City, and Spokane. We expect to be able to announce one
or more of these projects during this period. (CE)
DOE CRADA for Ethanol Production. DOE will sign a CRADA with a major oil
company for innovative ethanol production development using technology
developed at SERI. (CE)
EPA Certification for Ethanol Diesel Engine. Detroit Diesel Corporation
(DDC) will receive EPA certification for the first heavy diesel engine
using ethanol as fuel. The technology to develop this engine was funded,
in part, by DOE. DDC recently received EPA certification for its heavy
duty methanol engine at a ceremony involving DOT Secretary Skinner and DOE
Deputy Secretary Moore. (CE)
Limits for below/above regulatory control of DOE radioactive waste.
Development of a strategy to support a DOE position on the disposal of
hazardous wastes potentially contaminated with radioactive materials at
commercial treatment, storage, and disposal facilities. (EM)
Development of "model" compliance and clean-up agreement provisions.
Continue process with the Environmental Protection Agency (EPA) to develop
standardized provisions for inclusion in negotiated cleanup and compliance
agreements to assure consistency/conformity with Administration policies.
(EM)
Implementation of Quality Assurance Program. Development of the Office of
Environmental Restoration and Waste Management Quality Assurance Program
will be completed by December 15, 1991. An effective QA Program, which
complies with applicable regulations and industry standards, is vital to
build public confidence in the DOE's ability to manage environmental
restoration and waste management activities. (EM)
Science and Technology Advisor (STA). This new function for the Director
of Energy Research will provide a high-level focus for the Department's
scientific missions, including the overall vitality of the DOE
laboratories. The STA will provide the Secretary with impartial technical
7
advice on R&D activities and coordinate cross-cutting science and
technology issues, e.g., technology transfer and education. The STA will
develop overall policies and uniform processes for institutional planning
by the laboratories with emphasis on clear mission assignments and the
development of core competencies, work by the laboratories for non-DOE
sponsors, laboratory appraisals and self-assessments, and laboratory
directed R&D. (ER)
Advanced Materials and Processing Initiative. The Federal Coordinating
Council for Science, Engineering and Technology (FCCSET) Committee on
Materials has completed the review of the agency submissions under the
Advanced Materials and Processing Crosscut. DOE has a total of 27 projects
valued at $0.6 billion: 5 from Defense Programs, 3 from Conservation and
Renewable Energy, 1 from Fossil Energy, 2 from Nuclear Energy, 1 from
Environmental Restoration and Waste Management, and 15 from Energy
Research. FCCSET will be briefed on the Advanced Materials and Processing
Crosscut and it will be submitted to the Office of Management and Budget
(OMB) in September. (ER)
Whistleblower Protection. A Notice of Proposed Rulemaking that would
establish a program to provide protection against employment reprisals for
DOE contractor and subcontractor employees who provide information
regarding violations of law or regulation, or evidencing waste, fraud, and
abuse, was published on March 13, 1990. Following a 60-day comment period,
the Department drafted a final rule that considered all comments and
incorporated appropriate changes. A task force was subsequently
established to reevaluate the draft final rule. The Department of Labor
provided comments regarding the proposed whistleblower rule, pursuant to a
request from the Secretary to review the Department's health and safety
activities. A final rule is expected to be issued by December, 1991. (GC)
Personnel Security Assurance Program. The final rule, which includes drug
testing, medical, and security components for certain individuals in
sensitive positions involving access to special nuclear material, was
issued on March 8, 1991. However, the drug testing component could not be
implemented until technical protocols and guidance were also issued. To
that end, on March 8, 1991, a notice of proposed rulemaking to amend the
rule was also published. Four comments to the proposed rule were received
and reviewed, and appropriate revisions made. A draft final rule has been
prepared, and is being reviewed within the Department. A final rule is
expected to be published this fall. (GC)
Personnel Assurance Program. A notice of proposed rulemaking (NOPR) is
being prepared to formalize the Personnel Assurance Program, a long-
standing health and safety program that establishes the requirements and
responsibilities for screening, selecting, and evaluating employees
assigned to nuclear explosive duties. The NOPR includes within its
components drug testing, medical evaluation, and security evaluation. It
is expected that the NOPR will be issued before the end of 1991. (GC)
8
Financial Management Training Program. The first steps have been completed
and a formal steering committee has been established. all Field offices
are being surveyed to obtain information on current training budgets,
training needs not being satisfied, training courses which have proven
beneficial, and other successful developmental activities. In addition,
other agencies and organizations will be surveyed to identify successful
training and developmental programs. (CR)
FERC Mega NOPR. On July 31, 1991, FERC issued a Notice of Proposed
Rulemaking on Pipeline Comparability and Rate Design (the Mega-NOPR).
Comments are due September 30. DOE will likely file comments on general
policy issues raised by the Mega-NOPR and its consistency wit the NES.
(GC)
Energy Assistance to Eastern Europe. The Agency for International
Development (AID) has received Congressional approval to transfer $2.9
million to DOE for FY 1991. Implementation of projects by DOE's Office of
Fossil Energy, Office of Nuclear Energy, and Office of Conservation and
Renewable Resources will be initiated, involving a dozen projects in five
countries. Using the DOE approval strategy for Eastern Europe assistance,
a new group of assistance projects is being prepared for FY 1992 funding.
(IE)
Space Exploration Initiative. Joint DOE, National Aeronautics & Space
Administration (NASA) and Department of Defense planning activities are
underway in nuclear propulsion research and development to support the
President's Space Exploration Initiative. Negotiations are also taking
place among the three agencies on a Memorandum of Understanding for nuclear
propulsion activities. (NE)
DOE Industrial Hygiene Standard for Beryllium. Develop and issue an
Industrial Hygiene Standard for Beryllium to honor the Secretary's public
commitment to control DOE worker's exposure to this toxic substance. (EH)
Environmental Restoration and Waste Management Programmatic Environmental
Impact Statement (EIS). Prepare an Implementation Plan for the
programmatic EIS, based on input received during the public scoping period.
(EH)
Weapons Complex Reconfiguration Programmatic EIS. Prepare an
Implementation Plan for the programmatic EIS, based on input received
during the public scoping period. (EH)
Mexico-U.S. Renewable Energy Cooperation. Under the umbrella of the
Committee on Renewable Energy Commerce and Trade (CORECT), DOE is
initiating this Fall a relationship with other Federal and international
agencies to support the development of a sustainable rural electrification
program incorporating decentralized and grid-connected renewable energy
systems in Mexico. (CE)
9
Western Energy Planning and Management Program. Western Area Power
Administration (Western) has proposed a two-part Energy Planning and
Management Program that more directly ties allocation of hydroelectric
resources to long-term planning and efficient use of electric energy by
customers. More than 2,200 public comments were received on the program.
Implementation is scheduled for 1993. (CE)
Endangered Species Act Activities. The Northwest Power Planning Council
(NWPPC) has initiated a three-phase process to amend its Columbia River
Basin Fish and Wildlife Program. This action came in response to Senator
Hatfield's charge that the Council develop a long-term salmon management
plan that could be used by all relevant parties to develop a comprehensive
long-term strategy addressing the salmon situation. By November, the NWPPC
hopes to achieve consensus on long-term actions to rebuild critical
Northwest stocks. (CE)
Sharing technology. Develop a departmental initiative to share technology
and expertise in environmental remediation and safety matters with East
European and former Soviet States. (DP)
Human Genome Initiative. DOE, together with the National Institutes of
Health (NIH), supports this nation's research and development in the
rapidly growing international effort to analyze the human genome at the
molecular level. The major product of this project will be data describing
the structure of the human chromosome. Vast amounts of such new data
contributed by investigators around the world will be stored in large
public databases for use by the scientific community. To this end, DOE and
NIH have recently committed $5.3 million to the Genome Data Base located at
the Johns Hopkins University. This data base will have access nodes in
Great Britain, Germany, Japan and possibly Sweden. (ER)
Gulf Crisis "Lessons Learned." DOE's Office of Energy Emergencies (OEE) is
initiating a study of industry views on the "lessons learned" arising from
last year's Iraq/Kuwait crisis. Over the next three months, DOE staff will
be visiting a range of oil companies to meet with supply, refining,
transportation and marketing personnel. This study is part of a larger
ongoing DOE effort to review, and where appropriate, improve U.S. and
International Energy Agency emergency mechanisms and procedures. (IE)
Actinide Burning. The Department will initiate a National Academy of
Sciences study of actinide burning in support of the Advanced Liquid Metal
Reactor Program component of the National Energy Strategy. This report
will provide an independent evaluation of the possible contribution of
successful waste separation and transmutation technologies to the long-term
radioactive waste management system. (NE)
Oct 1
Savannah River. The Savannah River Office (SRO) will implement an internal
authorization, responsibility, and accountability system which supports
line responsibility for program accomplishment (defines responsibility for
providing direction to the contractor and for interfacing with
headquarters). (DP)
10
November
Self-Assessment Task Force. Establish a Self-Assessment Task Force to
develop additional guidance for implementing self-assessment programs
within DOE. (EH)
C.
SIGNIFICANT PROBLEM AREAS
Support for the NES. We continue to experience difficulties in getting
other agencies to be sensitive about opportunities to use their activities
to support the NES. High-level attention is required if we are to
coordinate NES events successfully and build a solid record of
accomplishment in implementing the NES. (PE)
Timely implementation of the Enhanced Oil Recovery Program. Successful
implementation of the this important NES program is predicated on
initiating work in a timely fashion to preserve access to, and to allow
continued economic production from, fields that would otherwise be lost.
Resource and staff limitations have put this program behind schedule. (FE)
Negotiation of enforceable compliance and clean-up agreements. The DOE
continues its negotiations with the Environmental Protection Agency (EPA)
and the States to develop achievable timetables and enforceable compliance
agreements for the clean-up of contaminated defense and energy-related
facilities and installations. The DOE anticipates potentially significant
differences with the EPA and States pertaining to funding commitments,
clean-up levels, scheduling of deliverables (e.g., documents required under
present environmental laws), and future land use. (EM)
Budgetary and infrastructure constraints. Budget limitations for fiscal
years 1992 and 1993 are resulting in slower-than-desired rates of progress
in the clean-up of contaminated DOE sites. FY 1993 funding of waste
management operations at DOE facilities fail to ensure compliance with
Executive Order 12088 and regulatory requirements or agreements.
Insufficient funds are available at OMB target level for FY 1993 to comply
with environmental requirements. (EM)
Yucca Mountain. As the State of Nevada has indicated it will continue to
make every effort to thwart DOE and its Congressionally-mandated site
characterization of Yucca Mountain. (RW)
Safeguards and Security Reinspection of Rocky Flats Plant. The Department
will be conducting a reinspection of the Rocky Flats plant during this
timeframe. Considering the posture that the plant was in during the May
1991 inspection, it is anticipated that there will remain significant
safeguards and security issues not resolved prior to plant operation
resumption. (EH)
Safeguards and Security Comprehensive Inspection of Savannah River Plant.
The Department will be conducting a comprehensive safeguards and security
inspection of the Savannah River plant. This will be the first
comprehensive inspection of the Savannah River plant by the Office of
Security Evaluations and there is considerable concern as to the potential
outcome of the inspection. (EH)
11
Foreign manufactured supercomputers at Departmental laboratories. The
Naval Reactors Development Program is in the process of initiating a FY
1992 competitive acquisition for a large scale supercomputing system to be
placed at the Knolls Atomic Power Laboratory in support of programmatic
scientific computing requirements. Indications are that proposals which
include foreign manufactured supercomputers, specifically Japanese, may be
submitted in response to the request for proposals. If a foreign
manufactured system should be selected, it will produce the first
Departmental facility, and quite possibly the first Federal Government
installation, to acquire other than U.S. technology supercomputer. (AD)
Resumption of K-Reactor operations. The scheduled resumption of K-Reactor
operations may be impeded by a legal issue concerning a Consent Order-
between the State of South Carolina and DOE (see court decisions - NRDC V.
Watkins). (DP)
Building 559. Building 559, at the Rocky Flats Plant (RFP), in Colorado,
should be ready to resume plutonium operations this Fall. There will be
considerable opposition to the resumption of plutonium operations from
anti-nuclear groups. There is also a high probability that lawsuits will
be filed to stop the resumption of operations. (DP)
Potential to miss milestone with State regulator. The Rocky Flats Plant in
Colorado will not meet a milestone contained in a 1989
Agreement-in-Principle to clean up five solar evaporation ponds by
October 1991. The five evaporation ponds are contaminated with low-level
radioactive process waste containing nitrates and treated acidic wastes.
The ponds are to be cleaned up by solidifying pond sludge after the ponds
are dewatered. The waste that is generated from this process will be
shipped to the Nevada Test Site for disposal. Completion is constrained by
funding limitations and actions by the State of Nevada to prevent wastes
that are generated outside Nevada from being disposed at the DOE-owned
Nevada Test Site. (EM)
Hanford high-level waste (HLW) tank safety issues. The DOE continues its
efforts to investigate and resolve safety issues affecting the storage of
65 million gallons of liquid HLW in tanks at the Hanford Site. The highest
priority issues are the presence of potentially explosive mixtures of
ferrocyanide and oxidizers in some tanks and the generation and periodic
release of flammable gases in others. Sampling and other studies of the
tanks will continue for the foreseeable future. The DOE anticipates
continued interest from Congress and from the Defense Nuclear Facilities
Safety Board (DNFSB). (EM)
Development of high-level radioactive waste pretreatment strategy. This
DOE effort was initiated as a result of emerging technical uncertainties
regarding use of the 45-year-old B-Plant facility to treat liquid high-
level radioactive wastes. Any revised strategy will likely have political
repercussions due to its expected impact on the Hanford Federal Facility
Agreement and Consent Order (the so-called Hanford Tri-Party Agreement
negotiated with Region 10 of the Environmental Protection Agency and the
Washington Department of Ecology). The strategy will be finalized and
12
presented to the State of Washington in December 1991. The General
Accounting Office (GAO), at the request of Congressman Mike Synar (D-OK,
2nd), who chairs the House Government Operations Subcommittee on
Environment, Energy and Natural Resources, recently issued a report
("NUCLEAR WASTE: Pretreatment Modifications at DOE Hanford's B Plant Should
be Stopped," (GAO/RCED-91-165)) that was critical of DOE plans and cost
controls regarding future use of B Plant. (EM)
Restart of the Hanford Plutonium Finishing Plant (PFP). The PFP, which
extracts plutonium dissolved in chemical solutions, must be restarted to
stabilize scrap materials and residues accumulated from previous plant
operations. Regulatory concerns regarding the acceptability of effluent
discharges have arisen since the PFP last operated in 1987. Resolution is
near on effluent discharges, but any restart decision will have political
and environmental implications in the Pacific Northwest. (EM)
LLNL Unreconciled Documents. The GAO Report, dated February 1991,
identified the significant issue of unreconciled documents at LLNL. Based
on GAO testimony delivered before Congress on July 31, 1991, the GAO may
follow up and visit selected DOE sites that have identified missing
documents. It is expected that GAO will verify all corrective actions
taken to rectify unreconciled documents identified in the 100% inventory
and any subsequent damage assessment. (SAN)
D.
LEGISLATIVE ACTIVITIES
1.
LEGISLATIVE INITIATIVES AND ISSUES OF IMPORTANCE
National Energy Strategy. The National Energy Strategy is the Department's
primary legislative priority for the 102nd Congress. The Senate Energy
Committee has approved comprehensive energy legislation (S. 1220) that
largely reflects the NES. Floor action is expected in late September or
early October. The House Energy and Commerce Committee's Subcommittee on
Energy and Power will continue mark-up of its bill in September. We expect
full Energy and Commerce Committee action in October or November. (PE)
SPR Budget/Fill. Both the Senate and House Appropriations Committees have
passed bills appropriating the FY 1992 budget request of $186 million for
facilities and management. The House and Senate bills provide $276.5
million and $316.5 million respectively for oil acquisition, and both bills
cap outlays from appropriations at $139 million in FY 1992. (FE)
SPR "Lease" Contracts. Public Law 101-512 requires affirmative
Congressional action for any "lease" contract funded with appropriated
money. The provision would unacceptably limit SPR negotiation authority.
The Senate Committee-passed Interior Appropriations bill for FY92 waives
the restriction, the House bill does not. We will support the Senate
provision in Conference. (FE)
NOSR Leasing. There have been bills introduced in the House of
Representatives to lease the natural gas resources at the Naval Oil Shale
Reserves in Colorado for full development. Proposed legislation has been
13
prepared by DOE which would broaden the options for development to assure
that the Government received maximum value. This proposed legislation is
currently under management review. (FE)
Amend the Nuclear Waste Policy Act, as amended. Proposed legislation has
been introduced as part of the NES to allow DOE to conduct site
characterization of Yucca Mountain without State processing of permits,
while providing for DOE adherence to environmental requirements. Proposed
legislation has also been introduced to de-link the Monitored Retrievable
Storage facility construction from the geologic repository construction
schedule. (RW)
Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA). Reauthorization has been postponed until 1994; Superfund will
continue to be funded through existing tax structures. Several amendments
may be added during the 102nd Congress dealing with liability issues for
lenders, Federal entities, and municipalities; and provisions for state
capacity assurance plans. (PE)
Reauthorization of the Resource Conservation and Recovery Act (RCRA).
Congress is laying the groundwork for possible RCRA reauthorization in the
102nd Congress. Key Senate Environment and Public Works Committee members
introduced S. 976. Key House Energy and Commerce Committee members will
introduce a bill this Fall. Elements of most interest to DOE facilities
and the energy industry include: mixed wastes, oil gas wastes, recycling,
waste minimization, pollution prevention, and interstate transport.
Congress is under considerable pressure to designate oil and gas
exploration wastes as hazardous materials in the reauthorization of RCRA.
DOE continues to develop documentation for the position that such wastes
should not be deemed "hazardous" and that if they are, there will be
serious detrimental effect on domestic oil and gas production. (FE) (PE)
Reauthorization of the Clean Water Act. Congressional action on Clean
Water Act reauthorization appears to be proceeding more rapidly than action
on RCRA. Numerous hearings were held throughout the Spring and Summer.
Key Senate Environment and Public Works Committee members introduced S.
1081, which would make many changes but did not cover wetlands. A new
subcommittee print is expected out in October. Key House members are
expected to introduce in the Fall a bill which includes wetlands. HR 2029
covers mainly coastal issues. Several other bills deal specifically with
wetlands. Elements of most interest to DOE include: water quality
standards, pollution prevention, nonpoint source pollution, combined sewer
overflows, wetlands protection, economic incentives and use of market
forces, and coastal pollution. (PE)
Technology Transfer/Laboratory R&D. A number of bills have been introduced
relating to technology transfer and DOE R&D in certain critical
technologies. DOE supports S. 1351 (the "DOE Labs Bill") and prefers this
legislation to other proposals, such as S. 979, because S. 1351, if passed,
this law will mandate the broadening of laboratory missions and would
support a strategic vision for DOE which would highlight the development of
partnerships between DOE Laboratories and educational institutions,
14
industry, and other Federal laboratories in support of critical national
objectives in energy, national security, the environment, and scientific
and technological competitiveness. The other proposals are overly
prescriptive. (PE) (ER)
Defense Authorization Act of 1991. DOE is preparing comments to be used in
the House/Senate conference. Elements of S. 979 relating to critical
technologies and technology transfer, and other bills which DOE opposes,
have been incorporated into the Senate version. If passed, certain
provisions would add administrative burdens and would be potentially in
conflict with existing DOE planning processes. (PE)
Support for the Marshall Islands People. DOE is negotiating a
resettlement/habitability work plan with the Republic of the Marshall
Islands (RMI) and the Rongelap Local Government Council. Both DOE and
Rongelap are establishing expert groups to provide independent oversight of
the resettlement activities. The National Academy of Sciences will provide
oversight of DOE activities. 2686, which the Senate will consider in
September 1991, would provide $2M ex gratia for the relocation and
resettlement of the people of Rongelap on Rongelap Atoll. To assist in
determining the habitability of Rongelap, DOE will conduct a 4 week
radiological sampling mission in November 1991. The mission will be
conducted jointly with RMI Nationwide Radiological Survey representatives.
(EH)
Enforcement of OSHA Standards at DOE Facilities. Congressman Gaydos has
introduced legislation to transfer the responsibility from DOE to the
Department of Labor for promulgating and enforcing occupational health and
safety standards at DOE nuclear facilities. If passed, this legislation
would compromise DOE's current aggressive efforts to implement the worker
protection provisions of the Atomic Energy Act and the Congress' previous
intent to maintain the independence of DOE as expressed in section 4(b) (1)
of the Occupational Safety and Health Act of 1970. (EH)
Indoor Air Quality. Legislation (H.R. 1066 and S. 455) has advanced in the
House and Senate and may be enacted this Fall. The legislation is
unnecessary and undesirable. It contains heavy regulatory and report
requirements in areas where additional research is needed. It would
disrupt existing programs by reassigning responsibilities among the Federal
agencies currently doing indoor air quality work. DOE has consistently
opposed this bill. (CE)
Federal Facility Compliance Act. The Federal Facility Compliance Act of
1991, S. 596, already passed by the House as H.R. 2194, is pending on the
Senate calendar. The DOE continues its efforts to work with the Congress
to assure that any legislation would ensure that sovereign immunity for the
assessment of fines and stipulated penalties under the Resource
Conservation and Recovery Act (RCRA), as amended, is waived only in
instances where DOE compliance with the provisions of RCRA is technically
feasible. (EM) (DP)
15
WIPP. The House Government Operations Subcommittee on Environment, Energy
and Natural Resources (Synar) will conduct hearings on the Waste Isolation
Pilot Plant (WIPP) Project. Senators Domenici/Bingaman may also hold
hearings. No dates have been set. Legislative land withdrawal of WIPP
land in New Mexico is the major issue, as well as DOE's readiness to begin
the Test Phase. (EM)
Uranium Mill Tailings Remediation Act. Legislation is being prepared to
extend the congressional authorization period under the Uranium Mill
Tailings Remediation Act for an additional 4 years (through September 30,
1998). This should permit completion of the project at the anticipated
funding levels. (EM)
Nuclear Licensing Reform Legislation. The major provisions of the
Administration's proposed legislation to reform the process of licensing
nuclear powerplants have been incorporated in the Senate Energy Committee
markup of S. 1220. These provisions will codify provisions of the Nuclear
Regulatory Commission's (NRC) licensing reform rule, address emergency
planning issues before construction, and avoid procedural delays after
completion of construction for safe plants. Floor action on S. 1220 could
occur as early as September. (NE)
Uranium Enrichment Restructuring Legislation. The Department is continuing
efforts to promote legislation to restructure its uranium enrichment
program into a Government-owned corporation, the first step toward
privatization. The Administration bill is currently under OMB review.
(NE)
Alternative Motor Fuels Act of 1988. The Department is supporting
legislation underway to modify the Alternative Motor Fuels Act of 1988.
Changes include the addition of demonstrations of alternative-fuel, medium
duty trucks such as those operated by UPS and Federal Express. (CE)
2.
CONGRESSIONAL HEARINGS AND MARKUPS
Sep 26
The House Committee on Science, Space and Technology, Subcommittee on
Oversight and Investigation, is expected to hold a hearing on its
investigation of the development of the National Energy Strategy. (PE)
Late
The Senate Energy and Natural Resources Committee may hold a hearing on the
September
FERC MEGA-NOPR. Deputy Under Secretary Linda Stuntz is the requested
witness. (PE)
Late Sep/
House Committee on Energy and Commerce, Subcommittee on Oversight and
Early Oct
Investigations plans to hold a hearing on EPA's regulatory efforts under
the Clean Air Act Amendments of 1990, focussing on toxic pollutants and the
June GAO report on this EPA program. Chairman Dingell may ask DOE to
testify. (PE)
October
The House Committee on Energy and Commerce, Subcommittee on Energy and
Power, will continue its mark-up of comprehensive energy legislation. (PE)
16
E.
REGULATIONS
International Natural Gas Trade. A proposed rule will be issued providing
alternative, expedited administrative procedures regarding applications to
import or export natural gas on a short-term basis. The rule will reduce
the regulatory burden on parties wishing to import or export gas on a
short-term basis, thus facilitating the operation of the market. (FE)
International Electricity Trade. Draft regulations will be issued to
assist utilities applying for authorization to transmit electric energy
from the U.S. to foreign countries and for permits to construct the
requisite transmission facilities. Current regulations implementing the
programs are somewhat outdated and lack administrative procedures. (FE)
September
DOE intends to publish its final rule to change the computational basis of
the one mill per kilowatt hour fee that utilities pay into the Nuclear
Waste Fund from "net generation" to "electricity generated and sold" in
accordance with a March 17, 1989, decision by the U.S. Court of Appeals for
the District of Columbia. (RW)
September
The first meeting of a "revamped" EPA Acid Rain Advisory Committee is
anticipated. The Advisory Committee earlier this year provided input to
the development of various proposed regulations, not yet published, for the
acid rain program; these draft proposed regulations will be the focus of
the meeting. The group will now break down into four subcommittees:
allowances and conservation, permitting and monitoring, industrial opt-ins,
and nitrogen oxides. (PE)
Sept 18
The deadline for public comment on EPA's proposed WEPCo rule has been
extended for an additional 30 days (until September 18) at the request of
both environmental groups and the electric utility industry. In addition,
the transcript from a July 22 hearing before Chairman Waxman's Subcommittee
on the proposed WEPCo rule will be placed in the rulemaking docket.
(Deputy Under Secretary Linda Stuntz testified for DOE.) EPA plans to
reopen the comment period again solely for the purpose of receiving
comments on the transcript. This diminishes the chance that EPA will issue
a final WEPCo rule by the end of this year. (PE)
Sept 30
FERC issued on July 31 a notice of proposed rulemaking, the "MEGA NOPR,' on
natural gas regulatory reform issues related to NES recommendations. DOE
will submit comments to FERC on this proposal by September 30. (PE)
Oct 16
Judicial deadline for EPA final rule addressing visibility impairment in
the Grand Canyon National Park; rule will result in additional emissions
controls on the Navajo Generating Station of the Salt River Project. There
appears to be an agreement among the parties to the court action on what
additional controls will be required. DOE's concern is that nothing in
this rule establish a precedent that could be applied to regulate
powerplants elsewhere. DOE has grave reservations about the methodology
utilized in this matter and would object to any broader use of it. (PE)
17
NOV 15
EPA has provided to DOE an initial draft of a proposed rule establishing
air pollution control requirements for OCS sources, as required by the CAAA
of 1990. The proposed rule will be formally issued for comment on November
15. (PE)
TBD
Investment Offset. Based upon guidance resulting from an Executive
Committee meeting, DOE expects to issue a public notice related to proposed
rulemaking to obtain investment offset provisions in future procurements.
This rulemaking is related to the Enhanced Technology Transfer Program and
the National Energy Strategy. (PE)
TBD
Technology Transfer Clause. Based upon direction from the Deputy
Secretary, the Department of Energy Acquisition Regulations will be
modified to add in a standard Technology Transfer clause for use in
Management and Operating Contracts. Variations of this clause have been
used in a number of contract modifications and it is now possible, based
upon experience, to incorporate language into the regulations. (PE)
TBD
Data Rights. The Office of Federal Procurement Policy (OFPP) is scheduled
to issue a revised regulation, before the end of the year, on government
rights in data associated with procurements. DOE has been assisting in the
drafting of the necessary regulatory language and in the analysis of the
issues. The Government's data rights associated with research and
development will be broader than those associated with the acquisition, for
example, of spare parts for military systems. (PE)
Radiological Protection Rulemaking. The Office of Environment, Safety and
Health developed draft Rules 10 CFR 834 and 10 CFR 835 from DOE Orders
5400.5 and 5480.11. The DOE General Counsel and the Office of Management
and Budget are reviewing these draft rules prior to approval by the Under
Secretary for publication in the Federal Register for comment. This
rulemaking effort responds to Amendments and recent interpretations of the
Price-Anderson Act. These regulations would hold DOE contractors liable
for criminal and civil penalties for violations. The Office of Health is
already developing guidance documents to support implementation of the
draft Rule 10 CFR 835. (EH)
National Environmental Policy Act (NEPA). During Fall/Winter of 1991, DOE
expects to complete its internal review of NEPA implementing procedures and
submit them for required CEQ consultation and OMB clearance for publication
as final regulations. The regulations, which were proposed for public
comment on November 2, 1990, implement the Secretary's initiatives to
improve DOE NEPA policies and procedures. They also facilitate public
participation, including that of affected States and Tribes, in DOE's NEPA
compliance activities. (EH)
Residential Building Standards. Proposed Energy Conservation Standards for
New Residential Buildings will be issued this quarter for public comment.
Public Law 94-385, as amended, requires the development and promulgation of
standards for the design of new buildings. They are mandatory for Federal
agencies and voluntary for all others. These standards will act as models
which can be adopted by State and local building codes. (CE)
18
Weatherization Rulemaking. A new Weatherization Assistance Program (WAP)
rule will be issued in November which will establish provisions for an
incentive fund and other opportunities for increasing financial options.
In December, the National Weatherization Assistance Conference will bring
together approximately 400 State and local program managers to discuss the
new rule as well other residential energy efficiency issues. (CE)
State Energy Conservation Program (SECP) Rulemaking. The SECP regulation
which implements P.L. 101-440, will be published in October. Among other
things, it will require State energy emergency planning, and, like P.L.
101-440, it sets a goal of 10% reduction in State energy consumption by
year 2000. (CE)
Nuclear Safety at DOE Facilities. The Department expects to publish 11
proposed rules that will form the basic requirements for assuring nuclear
safety at DOE facilities. These requirements stem from the Department's
ongoing effort to strengthen the protection of health, safety, and the
environment from possible nuclear, radiological and chemical hazards posed
by these facilities. (NE)
F.
REPORTS OR STUDIES
Tiger Team Assessments will begin at:
-
Los Alamos National Laboratory
8/23/91
-
Stanford Linear Accelerator
10/07/91
-
Naval Petroleum Reserves
11/12/91
-
Oak Ridge - K-25
11/12/91
Tiger Team Assessment Draft Reports will be issued for:
-
Pittsburgh Energy Technology Center
10/91
-
Stanford Linear Accelerator Center
11/91
-
Los Alamos National Laboratory
12/91
-
Naval Petroleum Reserves 1 & 2
12/91
Tiger Team Assessment Final Reports will be issued for:
-
Energy Technology Engineering Center
9/91
-
Pittsburgh Energy Technology Center
10/91
-
Los Alamos National Laboratory
12/91
-
Stanford Linear Accelerator Center
12/91
Tiger Team Final Action Plans expected to be to the Secretary on or about:
-
Hanford
9/91
-
Oak Ridge National Laboratory
9/91
-
Lawrence Berkeley Laboratory
9/91
-
Princeton Plasma Physics Laboratory
9/91
-
Sandia Albuquerque
10/91
-
Energy Technology Engineering Center
10/91
19
September
Second-Generation Pressurized Fluidized-Bed Combustion Integrated Testing
Scale-up Considerations and Site Selection. The comprehensive report to
Congress on the Pressurized Fluidized-Bed Combustion Program in response to
Conference Report 101-971 will be submitted. (FE)
Sep/May
Alaska North Slope (ANS) Study (NES Initiative #40). This study was
recently initiated with an organizational meeting and the procurement of
contractor support. The study, which will specifically target five
discovered but undeveloped fields on the ANS, will also include an
assessment of the highest and best use of ANS natural gas. The gas review
will be completed in September 1991. The five-field study will be ready
for review by May 1992. (FE)
Late
DOE is a participating agency in an ad hoc Task Group established under the
September
Federal Coordination Council on Science, Engineering and Technology
(FCCSET) Committee on Earth and Environmental Sciences to develop
recommendations for establishing a Global Change Research Information
Office (GCRIO) mandated by the Global Change Research Act of 1990 (PL. 101-
606). The ad hoc Task Group report, which will include specific
recommendations for a GCRIO, will be finalized by the end of September for
agency approval and submission to the Chairman of FCCSET. (ER)
Late
DOE intends to issued the first annual Acceptance Priority Ranking report
September
as required by the Standard Contract for Disposal of Spent Nuclear Fuel
and/or High-level Radioactive Waste. This report will detail the order in
which the Department will allocate spent fuel acceptance. (RW)
Late
Annual Report to Congress on the U.S. Continental Scientific Drilling
September
Program. Through a collaborative effort among the National Science
Foundation (NSF), the Department of Interior, and the Department of Energy,
an Annual Report on the U.S. Continental Scientific Drilling Program is
expected to be submitted to Congress by the end of September 1991. NSF has
the lead in preparing this year's report. (ER)
Sept 26
Issuance of the NPR Management and Budget Plan to the Senate Armed Services
Committee. (NP)
Sept 30
Second Interim Report of the Interagency Commission on Alternative Motor
Fuels. The report, due to Congress, includes a review of Federal
alternative fuels policies, a status report on the implementation of the
Alternative Motor Fuels Act, an analysis of a possible scenario for the
introduction of alternative fuels, assessments of potential impacts of
alternative fuel use on economic and environmental objectives, and an
identification of research needs. (PE)
Sept 30
The Department expects to issue a report on the cost estimate for remedial
actions and the decontamination and decommissioning of the uranium
enrichment gaseous diffusion plants located near Oak Ridge, Tennessee,
Paducah, Kentucky, and Portsmouth, Ohio. The cost estimate report includes
relative liabilities for cleanup between uranium enrichment and defense
programs. The General Accounting Office (GAO) has been reviewing the
development of the cost estimate and a separate GAO report to Congress is
20
expected. The Chairman of the House Committee on Interior and Insular
Affairs has expressed interest in this report, which will impact
legislation before the Congress to privatize the uranium enrichment
enterprise. (EM)
Sept 30
The Department expects to submit its annual report to Congress on the
progress being made by the States and regional compacts in meeting the
milestones contained in Public Law 99-240, the Low-Level Radioactive Waste
Policy Amendments Act of 1985. (EM)
Sept 30
Public Law 96-294 requires a report, due on September 30, 1990, evaluating
the overall impact made by the Office of Alcohol Fuels and describing the
status of each biomass energy project which received financial assistance
under the Act. The statute further provides that the report shall contain
a plan for termination of the work of the Office of Alcohol Fuels. A
report has been prepared stating that the impact of the Office has been
slight and that its functions will be integrated with those of the Office
of Conservation and Renewable Energy, where R&D is carried out on these
topics. A Secretary of Energy Notice has been prepared terminating the
Office. The report and the notice will be issued following Senate action
on S. 1220. (CE)
Sept/Oct
The Carbon Dioxide Inventory and Policy Options Study (required by 1989
Energy and Water Appropriations bill) will be completed and forwarded to
Congress. (PE)
Oct 1
On September 23, 1991, Administrator Reilly will distribute for approval by
agency heads the 60-day progress report on the environmental effects of the
Gulf conflict requested under Public Law 102-27. EPA's Persian Gulf Task
Force is coordinating the preparation of the report and DOE's Office of
Health and Environmental Research is providing input on its activities and
expenditures. Administrator Reilly will forward the report to the
President on October 1. (ER)
October
Joint Ventures Advisory Board Report. P.L. 101-218 required the
establishment of a Joint Ventures Advisory Board to recommend to the
Secretary and Congress the means to facilitate the adoption of certain
efficiency and renewable energy technologies. (CE)
October
Final report of the National Research Council Committee on the National
Energy Modeling System (pre-publication copy). (PE)
Oct 18
Boron Neutron Capture Therapy. The Senate Appropriations Committee action
on the FY 1992 Energy and Water Appropriations Bill directed the Department
to review the funding requirements to carry out the research program of
Boron Neutron Capture Therapy and its Power Burst Facility reactor
modification for the period fiscal years 1992-1995. The report has been
prepared, reviewed by the Department's Health and Environmental Research
Advisory Committee, and is scheduled to be sent to the Senate by October
18, 1991, after Office of Management and Budget clearance. (ER)
21
Late Oct
Clean Coal Technology Program Comprehensive Report to Congress. Covering
proposals received in response to the Clean Coal Technology IV Program
Opportunity Notice, this report will be sent to Congress and the public.
Clean Coal Technology Program Update 1991. The Clean Coal Technology
Program will publish its annual update on the program's activities and
accomplishments, Program Update 1991, in late February 1992. (FE)
Late
PEIS for Reconfiguration. The Implementation Plan for the Programmatic
October
Environmental Impact Statement for the Reconfiguration of the Nuclear
Weapons Complex will be finalized. Copies will be placed in the 14 public
reading rooms that are associated with the Reconfiguration Program. The
Implementation Plan will be a "living document" and subject to periodic
revisions. (DP)
Fall
The Department is conducting a study of the use of open source
(unclassified) information with the Office of Intelligence and the National
Laboratory Intelligence elements. This study will assess how open source
information is currently being obtained and used, identify open source data
bases required the DOE intelligence elements to perform their missions, and
develop prioritized recommendations for improving open source exploitation
to support the Department's intelligence activities. (IN)
Fall
National Research Council (NRC) to Review the Advanced Extraction and
Process Technology (AEPT) Program. The NRC will review the present
research and the current state-of-the-art in the AEPT program area and
recommend changes required to bring the program into line with current
needs. The last study of the program was performed by the NRC in 1986.
(FE)
Fall
Increase Production and Export of California Heavy Oil (NES Initiative
#37). The Department is conducting analysis to quantify the effect of
additional natural gas pipeline capacity into the state on shut-in heavy
oil production and new EOR projects in California. (FE)
November
Mid-Continent Heavy Oil Assessment. Report and database on Heavy Oil
Assessment of the Mid-Continent to be published. Report and data will
provide valuable information on area heavy oil resources for independent
oil operators. (FE)
November
Report to Congress on Federal Residential Standards Demonstration Project.
Public Law 94-385, as amended, requires promulgation of standards and a
demonstration with report to Congress on Interim Energy Conservation
Standards for New Residential Buildings. DOE issued Interim Standards for
Federal Residential Buildings (predominately military housing) in August
1988 and commenced a demonstration project. A report to Congress is
required within six months after the end of the demonstration. The
demonstration is complete and the report will be submitted to Congress in
November. (CE)
December
Indirect Fired Cycle Report to Congress. A Report to Congress will be
submitted on the feasibility of constructing an integrated test facility
for indirect fired gas turbine cycles. (FE)
22
Mid-Dec
DOE intends to issue the 1991 Annual Capacity Report as required by the
Standard Contract for Disposal of Spent Nuclear Fuel and/or High-level
Radioactive Waste. This report projects, for planning purposes, the
receiving capacity for the acceptance of waste for 10 hears following
projected commencement of facility operations. (RW)
Dec/Jan
Interim Report to DOT by National Academy of Sciences on automobile fuel
economy. (PE)
Ongoing
The Department expects to publish several Technical Annexes documenting the
detailed analysis supporting the National Energy Strategy. (PE)
G.
MEETINGS OR EVENTS
NES Interagency Task Forces. NES Interagency Task Forces will be meeting
to consider implementation of NES initiatives related to: (1) Alaska North
Slope; (2) Energy and Environmental Regulation; (3) Radionuclide
Regulation; (4) Energy Efficient Housing; and (5) Energy Facility Siting.
(PE)
Early
The Strategic Petroleum Reserve achieved 750 million barrels of total
September
storage capacity. (FE)
September
The Strategic Petroleum Reserve will receive bids for its Sulphur Mines
site. Sulphur Mines is scheduled for decommissioning in early 1992;
however, there is Congressional opposition to this. (FE)
September
EPA/DOE/NRC Interagency Programs Meeting. Participate in EPA/DOE/NRC
interagency programs meetings on the development of standards for residual
radioactive material and support development of EPA/DOE MOU on cleanup
standards for radionuclides including plutonium. (EH)
September
Implementation of the Threshold Test Ban Treaty (TTBT). The first nuclear
test to be monitored under the TTBT is due to take place at the Nevada Test
Site (NTS) in September. The Soviets, who were on site in early summer to
monitor preparations, will be present for the test. The Soviets also plan
to monitor a second U.S. test, scheduled for December. The United States
plans to monitor two Soviet tests scheduled to take place at Semipalatinsk
(Kazakhstan) in December. The Bilateral Consultative Commission (BCC),
meeting in Geneva, is currently addressing issues related to implementing
the TTBT, including costs and devices to protect nuclear weapons related
data from inadvertent disclosure. (Recent events in the Soviet Union may
cause these plans to change.) (DP)
September
Public meetings will be held to discuss the Interagency Agreement (IAG)
Action Plan for clean-up of the Idaho National Engineering Laboratory
(INEL). Following conclusion of the public comment period, a final IAG
will be prepared and submitted to Region 10 of the Environmental Protection
Agency and the Idaho Department of Health and Welfare. (The DOE expects to
sign the IAG with EPA and the State by December 9, 1991.) (EM)
23
Mid
The Weapons Complex Reconfiguration Office Briefing. The Weapons Complex
September
Reconfiguration Office will present a briefing at a meeting of the Southern
States Energy Board and the Governors of member states in mid-September in
Lexington, KY. The briefing will provide them with the status of the
Reconfiguration Program. The Weapons Complex Reconfiguration Office will
also provide a briefing to Congress in mid-September. (DP)
Sept 9-20
The Intergovernmental Negotiating Committee for a Global Climate Framework
Convention (INC) Third Negotiation Session will be held in Nairobi. (PE)
Sept 13-24 DOE representatives will visit the Middle East on an export promotion trip
requested by U.S. Ambassadors in the Gulf. This will continue support for
the Kuwait Reconstruction Effort and support NES objectives regarding
security of petroleum supply. (IE)
Sept 15-17 DOE's Office of Energy Emergencies will participate in the 1991 NATO Joint
Operational Staff-West Annual Meeting in the Denver area. DOE attendees
will present several briefings. (IE)
Sept 16
Meeting of the Advisory Board of the Heavy Oil and Tar Sands Information
Center. Discuss its future and whether it is in the best interest of the
United States to continue its participation. The Center is managed by the
United Nations Institute for Training and Research. It was founded in 1980
jointly by the U.S., Canada, and Venezuela. (FE)
19-20 Meeting of the U.S. Alternative Fuels Council in Kansas City, Missouri.
DOE will provide a facilitator to aid in the Council discussions of
alternative fuel policies. The Council has been asked by the Co-chairs
Robert Hahn and Charles Imbrecht to consider the President's proposed
alternative fuel policies and determine whether alternatives or additional
policies should be recommended. (PE)
Sept 24
A presentation of DOE's research and education programs will be made at the
2nd Pan American Congress on Energy for the Americas in San Juan, Puerto
Rico. (ER)
Sept 24-25 EPA Advisory Committee on Underground Injection Control. DOE will
participate in a meeting of EPA's Advisory Committee on Underground
Injection Control for oil and gas wells in Alexandria, VA. The Committee
is debating requirements for well construction and testing and expects to
complete its work by the end of the year. (FE)
Sept 25
Energy and Environmental Research (EER), CCT-III, Media Event. This event
is planned to dedicate the "Gas Reburning-Low NOx Burner: demonstration
project in Denver, CO, at Public Service Company of Colorado's Cherokee
Station, Unit No. 3, a 172 MWe, wall-fired utility boiler. (FE)
Sept 25
Deputy Under Secretary Stuntz will participate as a panelist at The
Emerging National Energy Strategy teleconference sponsored by the Jefferson
Energy Foundation. (PE)
24
Sept 25-26 Office of International Affairs and Energy Emergencies staff will head the
U.S. delegation to the Asia Pacific Economic Cooperation (APEC) Energy
officials meeting to be held in Australia. (IE)
Sept 30
Quarterly meeting with members of the State and Tribal Government Working
Group (STGWG) is scheduled to take place in Denver, Colorado. STGWG
membership comes from 9 States and 3 Tribal Nations to assist the DOE to
develop annual updates to its Environmental Restoration and Waste
Management Five-Year Plan. (EM)
Sept 30
The semi-annual meeting of the Committee On Renewable Energy Commerce and
Trade (CORECT) will be held in Los Angeles. It will be followed October 1-
4 by a technical conference and trade fair for Pacific Rim nations covering
renewable energy technologies. (IE)
Sept .30-
The U.S.-USSR Joint Fusion Power Coordinating Committee plans to hold its
Oct 1
annual meeting in Moscow to review and approve its program of work for
1992. (ER)
Sept 30-
NARUC Conference. DOE will sponsor a NARUC Conference, "Collaborative
Oct 2
Jurisdiction in the Regulation of Electric Utilities," Washington, DC (co-
funded by PE and CE) in support of NES initiatives to expand transmission
access and promote wholesale pricing reform. (PE)
t 30-
PE staff will participate in the National Association of Regulatory Utility
t 2
Commissioners' (NARUC) National Conference on Regionalism in Electric
Utility Regulation in Washington, DC. (PE)
Sept/Dec
Negotiating meetings for the European Energy Charter will be held in
Brussels. (IE)
Sept-Dec
Negotiating meetings will be held on the North American Free Trade
Agreement in Washington, D.C., Mexico, or Ottawa. (IE)
Early
DOE will initiate negotiations with the New York State Energy Research and
October
Development Administration for a contract for the disposal of West Valley
high-level radioactive waste. (RW)
October
A Contractor Business System Review is scheduled for October 1991 at SF and
LLNL. SF/LLNL will perform a self-assessment and corrective action plan.
(SAN)
October
The Director of Energy Research is planning to lead a delegation of Nobel
Laureates to Japan to continue discussions regarding Japan's participation
in the Superconducting Super Collider. (ER)
October
The first meeting of the U.S./Soviet Joint Working Group on the
Superconducting Super Collider (SSC) is scheduled to take place at the SSC
Laboratory to begin discussions regarding Soviet contributions to the SSC.
(ER)
25
october
Science Education Center Dedication. Dedication and opening of Brookhaven
National Laboratory's Science Education Center is tentatively scheduled for
October, 1991. (CHICAGO)
Mid Oct
The President will sign a Cooperative Agreement designating Federal
participation in the United States Advanced Battery Consortium for
development of advanced batteries for electric vehicles. DOE expects to
contribute $27M to this multi-year, 50% cost-shared effort with industry in
FY-92. (CE)
Mid
PNL to hold Workshop on Role of Man-Made Emissions in Visibility
October
Impairment. The Pacific Northwest Laboratories will hold a workshop in
Boulder, CO to review options for assessing the relationship between man-
made emissions of S02, NOx and volatile organic compounds (which are key
energy-related emissions) and visibility impairment. Expert visibility
scientists from Federal, State, academic and private sector programs will
participate. (FE)
Oct 1
Class I Oil Reservoir Program Opportunity Notices. Near- and mid-term
Program Opportunity Notices for NES-Advanced Oil Recovery Program Class 1
Reservoirs will be released on or about October 1, 1991. We seek
technology transfer through research, development and demonstration
projects aimed at increasing producibility in fluvial-dominated deltaic
reservoirs. (FE)
1
PE staff will participate in a meeting of the Coordinating Subcommittee for
Phase II of the NPC refining study. The meeting will be in Philadelphia,
PA. (PE)
Oct 1
PE staff will participate as a national policy panelist in the Oxygenated
Fuels/Reformulated Gasoline Conference in Washington, DC. (PE)
Oct 6-10
1991 International Joint Power Generation Conference & Exposition. This
Conference and Exposition will be held in San Diego, CA. It will include
several Clean Coal Technology sessions. (FE)
Oct 7-8
Quarterly meeting of Board of Trustees of North American Electric
Reliability Council, Houston, TX. Departmental representatives will
attend. (PE)
Oct 9-10
Second Triple E Seminar. A two-day seminar will be held on Energy,
Environment, and Economics, aimed at enriching the curriculums of
kindergarten through sixth-grade teachers by enhancing their understanding
of energy, its relationship to the environment, and its role in attaining
economic growth. Meeting will be held at the U.S. Department of Energy's
Pittsburgh Energy Technology Center. Over 100 teachers are expected to
participate. (FE)
Oct 13-17
A Superconducting Super Collider (SSC) meeting for all potential users of
the SSC will be held in Corpus Christi, Texas. (ER)
26
Oct 14-16 PE staff will participate in joint meetings of the NPC Coordinating
Subcommittee and task groups for the NPC natural gas study in Beaver Creek,
CO. The progress of the task groups will be reviewed and outstanding
issues will be addressed. (PE)
Oct 14-18
Coordinating Committee on Multilateral Export Controls (COCOM). DOE will
participate in the U.S. delegation to a meeting of the COCOM. The purpose
of the meeting is to review and revise the COCOM International Atomic
Energy List in the light of developments in Eastern Europe and the Soviet
Union. (DP)
Oct 15
The 1991 Winter Fuel Seasonal Assessment Conference will be held in New
Orleans. The purpose of this conference is to exchange information with
Federal, State, and industry representatives on the 1991 winter fuel supply
outlook for heating oil, propane, and electricity to promote effective
energy emergency planning and response coordination. (IE)
Oct 14-16
National Petroleum Council (NPC) Natural Gas Study Meeting. A meeting of
all the Task Groups and the Coordinating Subcommittee of the NPC Gas Study
will be held in Beaver Creek, CO. DOE/FE co-chairs the study. The
objective of the meeting is to review progress to date and make plans for
completion of the study. (FE)
Oct 15-18
Symposium on the Transfer & Utilization of Particulate Control Technology.
DOE is participating in the organization of this technical symposium
Williamsburg, VA. This meeting will be hosted by the Electric Power
Research Institute with the Air and Waste Management Association, Edison
Electric Institute, American Society of Mechanical Engineers, EPA and the
International Society for Electrostatic Precipitation are also
participating. (FE)
Oct 21-23 The Human Genome III International Conference on the Human Genome will be
held in San Diego, California. (ER)
Oct 21-24 Eighth AIST-ANRE-NEDO/DOE-PETO Joint Technical Meeting on Coal
Liquefaction. This meeting will be held in Tokyo, Japan. Extensive
exchanges of technical information are held in coal liquefaction technology
such as: recent advances in direct liquefaction, novel liquefaction
techniques, coprocessing, and instruments and components. These meetings
have been the cornerstone for establishing cooperation with Japan in other
coal energy R&D areas, as well as extending cooperation in coal
liquefaction. (FE)
Oct 21-25
International Symposium on Environmentally Sound Energy Technologies and
their Transfer to Developing Countries and European Countries in Transition
will be held in Milan, Italy. (PE)
Oct 22-24 DOE will co-sponsor with DOC, a power generation, transmission, and
distribution seminar and trade mission in Berlin for East German utility
officials to promote U.S. equipment and services. (IE)
27
Oct 24
A meeting of the EPA Clean Air Act Advisory Committee is scheduled,
focusing on transportation and energy impacts under State Implementation
Plans. (PE)
Oct 26
DOE Workshops for 700 teachers on FUTURES (featuring Jaime Escalante) in
Chicago. (SP) (ER)
Oct 27-
A DOE representative will attend the Latin American Energy Organization
Nov 1
(OLADE) Ministerial meeting in Caracas. (IE)
Oct 28
National Energy Strategy Action Plan to Unify Export Assistance Efforts.
The DOE Export Assistance Coordinating Committee will hold its first
meeting. The first project of the Committee will be to implement
recommendations to more effectively support U.S. firms' marketing efforts
in Eastern Europe through coordination and integration of current
resources. Government-wide recommendations on Eastern European export
assistance programs will be made to the interagency Trade Policy
Coordinating Committee (TPCC). (IE)
Oct 28-
As part of the ongoing U.S./Soviet initiative on operational safety,
Nov 1
meetings of the three Expert Working Groups on operating instructions,
training, and management and operational control are scheduled to be held
at three U.S. nuclear powerplant sites. (NE)
28/
Eighth Korea-U.S. Joint Workshop on Coal Utilization Technology. This
DV 1
meeting will be held in Seoul, Korea. Since 1984 the Pittsburgh Energy
Technology Center and the Korea Institute of Energy and Resources have
conducted an annual joint workshop on coal utilization technology. These
annual workshops have consistently provided each country's coal community
with the unique opportunity to better familiarize themselves with each
others coal production, utilization, and research infrastructure. They
have also proven to be important catalysts for possible business
transactions. (FE)
Oct 29-30
DOE will participate in a Federal Readiness Exercise, RESPONSE-91B, which
will concentrate on a major earthquake impacting the Puget Sound area.
(IE)
Oct 29-31
The IPCC Plenary Meeting will be held in Geneva, followed by a meeting of
its Working Group III on November 1-2. (PE) (IE)
Oct 30/
Two meetings are scheduled to receive the public's views and
Nov 2
recommendations regarding the preparation of the Clean Coal Technology
Round 5 Program Opportunity Notice. The meetings will be held on October
30, 1991, in Cheyenne, WY and on November 12, 1991, in Louisville, KY.
(FE)
Late
OCRWM will hold a Mission Plan Amendment Workshop to review comments from
October
participants relating to the Mission Plan Amendment. (RW)
Dec
AMERICA 2000 events, as scheduled by the Secretary of Education. (SP)
28
uct 30-31
A meeting with the Peoples Republic of China (PRC) is planned to review the
program of work under the U.S./PRC High Energy Physics Implementing Accord.
The goal is to add Superconducting Super Collider participation to the
agenda. (ER)
Oct 31-
Princeton Plasma Physics Laboratory (PPPL) 40th Anniversary. A
Nov 11
celebration of PPPL's 40th Anniversary focusing on fusion and plasma
physics--past, present, and future, Lyman Spitzer, first Director and
founder of PPPL, formerly Project Matterhorn will be honored. Noted
Astronomer, Carl Sagan, will be the featured speaker. (CHICAGO)
November
A meeting of the Joint Coordinating Committee of the Peaceful Uses of
Atomic Energy is planned to be held in Leningrad. (ER)
November
A meeting of the U.S./Soviet Joint Working Group is planned to discuss
Soviet development of various components of the Superconducting Super
Collider (SSC) accelerator. The Working Group will develop a Memorandum of
Cooperation to involve Soviet interests in joining the U.S. in an SSC
partnership. (ER)
November
The U.S.-Mexico energy bilaterals are tentatively scheduled for Washington,
D.C. (IE)
November
The U.S.-U.A.E. bilaterals are tentatively scheduled in Washington, D.C.
(IE)
November
An IEA Implementing Agreement dealing with studies of control and possible
use of CO₂ from energy production will be ready for signature. (IE)
November
The fourth and last round of negotiations for the engineering design of the
International Thermonuclear Experimental Reactor (ITER) is scheduled in the
U.S.S.R. (IE)
Nov 4-6
International Conference on Managing Hazardous Air Pollutants: State-of-
the-Art. This meeting will be held in Washington, D.C. to discuss issues
concerning air toxics emissions from electric utility and other combustion
sources. (FE)
Nov 6-8
IEA Conference on Technological Responses to Environmental Issues will be
held in Kyoto, Japan. (PE)
Nov 6-8
A High Level Seminar on Long Term Energy Technology Action Programs for
Global Environmental Challenges under the auspices of the International
Energy Agency, Japan's Ministry of International Trade and Industry (MITI)
and the Research Institute of Innovative Technology for the Earth to be
held in Kyoto, Japan. (IE)
Nov 9-13
Representatives from PE and other DOE offices will attend the annual
meeting of the National Association of Regulatory Utility Commissioners
(NARUC) in San Antonio. (PE)
29
NOV 15-16 Argonne National Laboratory will host workshops for 350 educators and
administrators on "What Works in Education". (SP) (ER)
Nov 19-20
The fourth and last Regional Energy Emergency Preparedness Seminar will be
held in Seattle. The seminar will be conducted by DOE and the Federal
Emergency Management Agency, and hosted by the State of Washington. (IE)
Nov 19-22
Meeting of the Executive Body for the Long Range Transboundary Air
Pollution (LRTAP) Convention and the potential signing of a VOC Protocol.
(PE)
Nov 19-29
The Intergovernmental Panel of Experts on Radioactive Waste Disposal at Sea
and the parties to the London Convention on Ocean Dumping will meet to deal
with issues relating to the disposal of radioactive wastes in the ocean,
and other matters. (IE)
Nov 19-21
EXPO '91. DOE will sponsor a Special Technologies Symposium focusing on
workshops dealing with counter terrorism, counter narcotics, and other
relevant issues germane to the intelligence community. DOE Laboratories
and various Government agencies will participate in dialogue concerning
specific needs and requirements in the research and development field. In
addition, exhibits will be featured during the 3-day conference a Sandia
National Laboratories in Albuquerque, New Mexico. (IN)
19-21
The Department will sponsor its Thirteenth Annual Low-Level Waste
Management Conference in Atlanta, Georgia. The 3-day event will begin with
an opening plenary session featuring a keynote address. Following the
plenary session, three concurrent technical sessions will provide
presentations and dialogue focused on topics and issues of interest to
States and compacts, DOE contractors, and others participating in national
low-level radioactive waste management. (EM)
Nov 21
The EIA will conduct a symposium on short-term energy forecasting in
Alexandria, Virginia. Industry representatives will provide views on the
forecasting process and other issues. (EI)
Nov 21-22
NEPA Conference. The Department will sponsor a department-wide conference
entitled "Fulfilling the Commitment: Implementing the Letter and Spirit of
NEPA." The meeting will be structured around the themes of SEN-15-90,
NATIONAL ENVIRONMENTAL POLICY ACT, of February 5, 1990, and will review the
progress made in implementing its directives. (EH)
Nov-Dec
An agreement between DOE and the French-German-U.K. Liquid Metal Reactor
Consortium will be negotiated. (IE)
December
The Fourth Negotiating Session of the Intergovernmental Negotiating
Committee (INC) for a framework convention on global climate change will be
held in Geneva. (IE)
December
Cross-Well Seismic Forum Fall Meeting. The Cross-Well Seismic Forum, a
National Laboratory/Industry Oil Recovery Technology Partnership project to
develop seismic instruments to map oil reservoir complexities, will hold a
30
meeting of the 26 industrial participants in Dallas, TX, to review progress
during the past year and gather guidance for the program for the remainder
of FY 1992. (FE)
Early
The U.S.-Canada Energy Consultative Mechanism and Gas Bilaterals are
December
tentatively scheduled in Canada. (IE)
Early
The U.S.-Venezuelan energy bilaterals are tentatively scheduled in
December
Washington, D.C. (IE)
Mid Dec
The Secretary of Energy will issue the draft Program Opportunity Notice for
Round 5 of the Clean Coal Technology Program. (FE)
Dec 8-11
Interstate Oil and Gas Compact Commission (IOGCC) Annual Meeting. DOE
Representatives may address the IOGCC Annual Meeting December 8-11, in New
Orleans, LA on progress of the Advanced Oil Recovery Program and other NES
issues. (FE)
Dec 9-11
DOE Education Directors winter meeting in Washington, D.C. (SP) (ER)
Dec 16-17
Ministerial level meeting for the European Energy Charter in the Hague,
Netherlands. (IE)
Dec 24
Chernobyl Conference. A conference entitled, "Towards a Unified Response
to the Chernobyl Accident" is scheduled. Participants include DOE, Nuclear
Regulatory Commission, State Department, Commission of the European
Communities, and the World Health Organization. (EH)
H.
NEGOTIATIONS
Negotiation of CCT-4 Cooperative Agreements. Following the announcement of
selections on September 12, 1991, negotiations will be initiated with the
successful proposers. The Secretary has directed that these negotiations
be completed within 12 months. (FE)
Fall
On May 15, 1991, the Secretary directed the Richland Field Office (RL) to
apply for and comply with Washington State Waste Discharge Permits for
liquid effluents being discharged into a soil column. The Washington State
Waste Discharge Permitting Program is a State-only regulatory requirement.
RL is currently in the process of negotiating a Compliance Agreement with
the Washington Department of Ecology to establish milestone schedules for
the permitting of liquid effluents being disposed of in cribs, ponds,
ditches, and french drains. (EM)
Mid
The DOE is expected to sign the renegotiated Amended Consent Agreement with
September
Region 5 of the Environmental Protection Agency (EPA) for the completion of
the ongoing Remedial Investigation/Feasibility Study (RI/FS) and the clean-
up of the Fernald Environmental Management Project (FEMP) in Ohio. A
Settlement Agreement, signed by DOE and EPA Region V on May 13, 1991,
requires that a renegotiated Consent Agreement be completed by mid-
September. The Amended Agreement, which is being reviewed currently by the
Office of Management and Budget, contains revised work schedules with
31
enforceable milestones, revised language outlining the risk assessment
approach at the FEMP, and includes language from the May 13, 1991,
Settlement Agreement. DOE and EPA Region V have been joined by the Ohio
Environmental Protection Agency (Ohio EPA) in these negotiations.
Following signature of the Amended Consent Agreement by DOE and EPA Region
5, a public meeting will be hosted by EPA to discuss the Agreement,
followed by a 30-day public comment period. Intermittent press coverage of
FEMP clean-up is expected throughout this period. (EM)
Sept 30
Cooperative Agreement. Office of Civilian Radioactive Waste Management is
currently negotiating an agreement with Atomic Energy of Canada, Ltd., for
the conduct of cooperative activities related to the disposal of spent
nuclear fuel and high-level radioactive waste. This cooperative agreement
may be signed by the OCRWM Director prior to September 30, 1991. (RW)
Sept. 30
DOE should complete negotiations on the Federal Facilities Agreement (FFA)
for Control and Abatement of Radon-222 Emissions from the Fernald
Environmental Management Project (FEMP) in Ohio. The FFA successfully
resolves an outstanding issue between the DOE and Region 5 of )the
Environmental Protection Agency (EPA) concerning the demonstration of
compliance with the National Emissions Standards for Hazardous Air
Pollutants and ensures all actions will be consistent with the Amended
Consent Agreement. In addition, the original Finding of Violation issued
in 1989 will be closed with a letter of certification. (EM)
pt-Oct
The Department expects to complete negotiation of a draft Interagency
Agreement with Region 9 of the Environmental Protection Agency, the
California Environmental Protection Agency, and the California Regional
Water Quality Control Board for clean-up at Lawrence Livermore National
Laboratory Site 300. (EM)
Sept-Dec
As a follow-up to the administrative hearing that took place on September 6
before the Nevada State Environmental Commission, negotiations leading to
an acceptable resolution of this issue are expected to take place through
the period. The Nevada Division of Environmental Protection alleges that
the DOE has violated State regulations and has directed the DOE Field
Office, Nevada to remove all transuranic-mixed waste from storage at the
Nevada Test Site to an authorized waste storage facility. The State's
action could unacceptably foreclose currently available storage options for
TRU waste and thereby constrain the Department's strategy for safe TRU
waste storage. (EM)
Oct 7-10
Nuclear Suppliers Group. DOE, along with the Department of State and
technical experts from the national laboratories, will sponsor a meeting of
the Nuclear Suppliers Group to negotiate multilateral nuclear
nonproliferation controls to be placed on commodities and technologies
which have both significant commercial and nuclear weapon applications.
(DP)
Dec 9
The Department expects to complete negotiation of an Interagency Agreement
with Region 10 of the Environmental Protection Agency and the Idaho
Department of Health and Welfare for clean-up of the Idaho National
32
Engineering Laboratory. The Interagency Agreement is expected to be
submitted to DOE Headquarters for review and approval in mid-October and
should be ready for signature of all parties by December 9, 1991. (EM)
Dec 31
KMS Contract Negotiations. A contract to begin close-out of the Inertial
Confinement Fusion program at KMS Fusion is funded through December 31,
1991. SF will negotiate a modification to KMS's contract to establish
estimated costs for final close-out of all activity beyond December 1991.
It is anticipated that KMS will be incurring residual clean-up costs
associated with decontamination and disposal of a tritium facility into
early 1992 and with idle facilities into 1993. (SAN)
Ongoing
The Department will continue negotiations with regional offices of the
Environmental Protection Agency (EPA) and with State environmental
regulators on the clean-up of contaminated facilities and sites. While
some DOE installations have signed agreements with the EPA which establish
schedules for clean-up actions, documentation reviews, and work scopes,
negotiations will continue at other installations and this ongoing dialogue
will receive local media attention. Current negotiations are focusing on
agreements for the Brookhaven National Laboratory in New York, the Oak
Ridge Reservation in Tennessee, Savannah River Site in South Carolina, and
the Weldon Spring Site in Missouri. (EM)
Indalo Project with Spain. Continue the DOE initiative to negotiate with
the Spanish Government a new course of action to define the Department's
role and U.S. Government role concerning continued support for radiological
monitoring as part of the Indalo Project in Palomares, Spain. (EH)
Memorandum of Understanding Between EPA and DOE. Complete MOU between EPA
and DOE for implementation of 40 CFR 61 (radionuclide air emission
standards) at DOE facilities and other related efforts. (EH)
H.
COURT DECISIONS/LITIGATIONS
Fort St. Vrain Litigation. This litigation involves attempts by Idaho
Governor Cecil Andrus and the State of Idaho to block the shipment of spent
nuclear fuel from a decommissioned nuclear reactor in Colorado to the Idaho
National Engineering Laboratory (INEL) in southeastern Idaho. Initially
there were two cases, one filed in United States District Court for the
District of Idaho, and the other in the Ninth Circuit Court of Appeals.
Receipt of the spent nuclear fuel was agreed to in a 1965 contract between
the Atomic Energy Commission and Public Service Company of Colorado. The
District Court case has been resolved by the District Judge granting DOE's
Motion for Summary Judgement; that decision paved the way for the spent
nuclear fuel to be shipped into Idaho. However, the State of Idaho filed
an emergency application for an order from the Ninth Circuit Court staying
the DOE's decision to receive the spent nuclear fuel at the INEL. Idaho
invoked the Ninth Circuit Court's jurisdiction pursuant to the Nuclear
Waste Policy Act and sought the stay order on the basis that unless the DOE
order to receive the fuel is stayed, Idaho and its citizens will suffer
irreparable harm by the shipment of the spent nuclear fuel into Idaho. On
May 14, 1991, the Circuit Court granted Idaho's petition for a stay, and
33
therefore, the shipments are enjoined pending a decision on the merits. A
hearing was held on September 10, 1991. This case is significant because
of the potential liability on the part of DOE for its failure to comply
with the terms of the 1965 contract, and because of the far-reaching
ramifications relating to the ability of a state to successfully block, or
otherwise interfere with, the shipment of nuclear material from one state
to another. (IDAHO)
Water Appropriation Permit. The District Court in Nevada ordered the State
of Nevada to provide a status report on November 20, 1991, on the water
appropriation permit, the third environmental permit required by the
Department to continue site characterization activities at Yucca Mountain,
Nevada. A hearing on this permit application before the State Engineer is
scheduled for September 24, 1991. The air quality permit and the
underground injection control permit have been issued by the State. (RW)
NRDC V. Watkins (D.S.C.). The schedule for K-Reactor calls for operations
to resume in the fourth quarter of 1991. There is a legal issue which may
impede DOE's plans for K-Reactor restart. It concerns the Consent Order
between the State of South Carolina and DOE. This Consent Order allows the
continued discharge of thermal effluents from the K-Reactor until December
31, 1992, when operation of a cooling tower is required. The Natural
Resources Defense Council, Inc., and the Energy Research Foundation filed a
lawsuit challenging the Consent Order. On August 15, 1991, the court ruled
against the plaintiffs, denying their request for a preliminary injunction
to prevent DOE from operating K-Reactor until the cooling tower is
completed. On August 22, 1991, the plaintiffs filed, in the District Court
in Aiken, South Carolina, a notice of appeal to the Fourth Circuit Court in
Richmond, Virginia, and a motion for injunction pending the appeal. If the
appeal is successful, K-Reactor would not begin operation until it is
connected to the cooling tower, which is expected to occur no earlier than
Fall 1992. (DP)
U.S. V. State of New Mexico (D.N.M.), is an action in which DOE is
challenging provisions in a hazardous waste permit for the Los Alamos
National Laboratory that attempts to regulate the radioactive component of
waste burned in an onsite incinerator. DOE has filed a motion for summary
judgment and is waiting for the court to set a date for hearing argument.
It is hoped that a decision will come in the fourth quarter of 1991. (DP)
Colorado V. DOE (D. Colo.), is a case in which the State seeks a court
order requiring DOE to comply with an administrative compliance order
addressing the treatment, storage and disposal of mixed residues at Rocky
Flats. DOE's answer to the State's complaint was filed on August 30, 1991.
DOE is currently negotiating a consent decree to resolve this matter by
mutual agreement, that should be concluded by November 1991. (DP)
Wisconsin Project on Nuclear Arms Control V. U.S. DOE (D.D.C.), is a FOIA
action to compel production of agency records concerning nuclear export
controls. A status conference has been held. A further status conference
is set for October 2, 1991. (DP)
34
Rockwell International Corp. V. U.S. (C1. Ct.), is a case in which Rockwell
seeks increased award fee payments for its work at Rocky Flats. DOE first
challenged the technical adequacy of the certification of the claim.
Rockwell voluntarily dismissed the claim and then corrected the
certification and refiled the complaint. DOE now must respond to the
refiled complaint, after which this case is likely to go into a long period
of discovery. (DP)
Day V. NLO, NLI. A jury trial will begin on September 16, 1991, in U.S.
District Court in Cincinnati, Ohio, in a workers' class action against the
former operators of a recently-closed uranium processing facility located
near Fernald, Ohio. The trial will cover the issue of whether the workers'
claims for alleged injuries due to radiation exposures are barred by a
statute of limitations (i.e., the employees knew of their alleged injuries
but did not file suit before the statute of limitations expired). The
court is expected to hear evidence on allegations that the National Lead
Company of Ohio, the former operator, fraudulently concealed information on
workplace dangers. The Fernald Environmental Management Project (formerly
the Feed Materials Production Center) ceased uranium metals production in
July 1989. The facility mission is now focused entirely on environmental
restoration and remediation activities. DOE is not party to this case, but
is contractually bound to reimburse the contractor for any liability. (EM)
Colorado Public Utilities Commission V. DOE (10th Cir.), a case in which
the district court held that the State of Colorado's statutes and
regulations governing the transportation of radioactive and hazardous
materials can be applied to DOE, oral argument on our appeal is scheduled
for September 19, 1991. (GC)
In Hanford Nuclear Reservation Litigation (E.D. Wash.), consolidated class
action suits against past and present Hanford M&O contractors seeking
damages and medical monitoring for emissions of radioactive and hazardous
materials from the plant, the following schedule has been established by
the court: (1) the defendants' reply in support of their motion to dismiss
is due September 19, 1991; (2) oral argument on the motion to dismiss will
be heard on October 3, 1991; (3) the plaintiffs shall file motions for
class certification by October 15, 1991; and (4) the defendants' response
to the motion for class certification shall be filed by November 15, 1991;
and the plaintiffs reply thereto will be due on December 12, 1991. (GC)
Foundation on Economic Trends V. Watkins (D.D.C.), an action alleging that
the Secretaries of Energy, Agriculture and the Interior have violated NEPA
by failing to consider the impact that a wide range of their respective
activities' programs may have on the "green-house effect," the plaintiffs'
opposition to the government's motion for summary judgment shall be filed
on or before September 16, 1991; our reply shall be filed on or before
October 11, 1991; and further discovery is stayed pending the court's
decision on our motion for summary judgment. (GC)
35
Prescott V. U.S. (9th Cir.), a radiation injury case brought by former NTS
employees, the case is scheduled for oral argument on October 9, 1991,
regarding whether the court should reverse the district court's denial of
our motion for summary judgment. Rocky Flats Model Shop Suit. UC filed a
lawsuit to recover $595,000 that was withheld by DOE from contract
management fees. The money was withheld to reimburse the Government for
the production of unauthorized items at the Rocky Flats Model Shop. We
have filed a motion to dismiss UC's complaint on jurisdictional grounds.
(SAN)
September/
The DOE expects environmental interest group(s) and, perhaps the elected
December
state attorney general to file suit in U.S. District Court to prohibit the
Department from beginning waste shipments to the Waste Isolation Pilot
Plant (WIPP), a research facility located near Carlsbad, New Mexico.
Following shipment, the waste will be emplaced underground as part of DOE's
Test Phase to demonstrate the technical feasibility of disposing
transuranic defense wastes in a stable geologic formation. Congress first
authorized this Project in 1977 and the Federal Government has invested
over $1 billion thus far in preparing the WIPP facility to begin the Test
Phase with waste. This litigation is expected after DOE notifies New
Mexico of its intention to ship waste for the Test Phase. (EM)
September/
The current operating contractor for the Hanford Site and one former
December
operating contractor are defendants in two lawsuits by former workers who
allege harassment and retaliation for identifying potential safety concerns
to supervisors. "Whistleblower" issues will periodically generate
significant congressional, media, and public interest. In parallel with
any court action(s), Senator John Glenn (D-OH), who chairs the Senate
Committee on Governmental Affairs, should be expected to continue his
ongoing assessment of Hanford "whistleblower" claims and their impact of
public health and worker safety. (EM)
On June 28, 1991, the United States Department of Energy, San Francisco
Operations Office (DOE/SAN) filed a Complaint with the California Public
Utilities Commission (CPUC) to prohibit the Pacific Gas and Electric
Company (PG&E) from taking any action that would interfere with the
continuation of electricity service to Lawrence Livermore Laboratory over
PG&E Tesla No. 1 transmission line. PG&E had threatened to disconnect
Tesla No. 1 if DOE/SAN does not agree to certain additional charges.
At the same time, PG&E filed with the CPUC a request to be allowed to
impose a standby charge and special facilities charge on DOE/SAN for use of
the Tesla No. 1 transmission line. The CPUC rejected PG&E's request to
impose these charge and consolidated this matter with DOE/SAN's Complaint.
The CPUC has scheduled a prehearing conference for September 30, 1991 to
address this entire matter. (SAN)
36
I.
OTHER
Late
Flow Dynamics of Artificial Hearts. Another series of tests are planned on
September
the Novacor Left Ventricular Assist Device (LVAD) as part of the
PETC/Presbyterian-University Hospital CRADA. As a result of these tests,
Novacor plans to select a valve design and ask FDA permission to begin
tests in living subjects. (FE)
Combustion 2000 Awards. DOE has initiated Combustion 2000, a new, two-part
program that aims to significantly increase the efficiency and dramatically
improve the environmental performance of future coal-fired power plants.
Awards to industry teams for the development of the High Performance Power
System will be made in October 1991. Selection of firms for the Low
Emission Boiler System is planned for late November 1991. (FE)
Oct 1
The Nuclear Weapons Council is due to provide the Department with
classified criteria for determining the size of the future nuclear weapons
complex. The criteria will be in terms of stockpile size, new weapon
production requirements, modifications to existing weapons, and
requirements to receive and disassemble retiring weapons. (DP)
The EIA is assisting the Environmental Protection Agency (EPA) in the
development of the National Allowance Database (NAD), Version 2.0 and in
calculating the SO₂ emission allowances as called for in the Clean Air Act
Amendments of 1990 (CAA). The EIA is responsible for all operational and
capacity data at the unit level in the NAD and will assist EPA in
responding to questions or comments concerning the NAD. (EI)
DOE's Office of Energy Emergencies (OEE) has developed a plan for tracking
and monitoring potential hurricanes throughout the 1991 hurricane season.
The plan will permit OEE to ascertain the level of damage done to the
energy infrastructure and allow DOE to initiate and coordinate any
appropriate response actions. This plan was used during Hurricane Bob and
has been further tested and approved for use in future hurricanes in the
U.S. (IE)
Kuwait Oil Fires. Pacific Northwest Laboratory's (PNL) Gulfstream research
aircraft and scientists from PNL and Brookhaven National Laboratory
successfully completed 15 flights through the smoke plume in the Gulf
region. The data gathered are now being processed and analyzed. About
three fires per day are being extinguished in Kuwait, and at this rate all
of the remaining 370 fires could be extinguished by early 1992. DOE and
other agency scientists are evaluating the probability of occurrence of
stagnant air conditions and hazardous health effects that can be expected
in Kuwait over the next few months. In addition, the EPA Gulf Task Force
is preparing an analysis of what may be a significant risk of hazardous
health effects in Kuwait over the next few months. DOE provides input to
the assessment of that risk and to the formulation of response strategies
for consideration by the Administration. A meeting of the Interagency
Policy Coordinating Committee will be held in early October to discuss the
risk and to identify appropriate responses by the Administration. (ER)