|
|
|
|
SUBSCRIBE The leading Copyright |
< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly
[Congressional Record: December 15, 2000 (House)]
[Page H12442-H12502]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr15de00pt2-83]
CONFERENCE REPORT ON H.R. 4577, DEPARTMENTS OF LABOR, HEALTH AND HUMAN
SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2001
Mr. YOUNG of Florida. Mr. Speaker, pursuant to the previous order of
the House, I call up the conference report on the bill (H.R. 4577)
making appropriations for the Departments of Labor, Health and Human
Services, and Education, and Related Agencies for the fiscal year
ending September 30, 2001, and for other purposes.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to the order of the House of today,
the conference report is considered as having been read.
(For conference report and statement, see prior proceedings of the
House of today.)
The SPEAKER pro tempore. The gentleman from Florida (Mr. Young) and
the gentleman from Wisconsin (Mr. Obey) each will control 45 minutes.
The Chair recognizes the gentleman from Florida (Mr. Young).
Mr. YOUNG of Florida. Mr. Speaker, I yield myself such time as I may
consume.
I would just briefly like to mention the fact that we have produced a
four-page legal-sized document that identifies the highlights of this
bill. This has been available now for more than 2 days for Members to
look at to get a really good understanding of what is in the bill. I
would suggest that anyone who wants to find some reason to oppose this
bill, they can find it. It is a huge bill. It required hours and days
and weeks of negotiation to get us to the point that we are.
Mr. Speaker, this bill should be passed today, and the House should
conclude its business. I am going to ask shortly that the gentleman
from Illinois (Mr. Porter), who is the chairman of the subcommittee,
manage the balance of the debate, inasmuch as he is the chairman of the
Subcommittee on Labor, Health and Human Resources, and Education, and
Related Agencies; but before I do, Mr. Speaker, I want to ask Members
to adopt this legislation and to get quickly to a vote.
I have a brief statement I would like to read before I turn this time
over but before that I want to talk with the gentleman from Wisconsin
(Mr. Obey).
Mr. OBEY. Mr. Speaker, will the gentleman yield?
Mr. YOUNG of Florida. I yield to the gentleman from Wisconsin.
Mr. OBEY. Mr. Speaker, I would like to at this point engage the
chairman of the committee in a colloquy on the Low Income Energy
Assistance Program, which I hope will address the concerns many Members
have regarding the lack of an advanced appropriation for fiscal year
2000 in this bill.
We are all aware of the drastic spike in price fuels that has
occurred in the past year. Home heating fuels have
[[Page H12443]]
doubled in the past year in many regions. In some areas it has
increased fivefold. For many seniors and families who are struggling,
that spike in energy costs have dealt a crushing blow to their family
budgets just to provide the basic essentials of heating their homes.
The LIHEAP program helps over 4 million low-income households by
paying on average about half their home heating bills. But due to a
lack of funds, this program has been serving only about 15 percent of
federally income-eligible households. The recent jump in fuel costs
will mean the relative value of that assistance will be cut in half
this winter.
Earlier this year, Congress provided an extra $600 million in the
LIHEAP emergency fund that was required by the President in the 2000
supplemental appropriation bill. About $450 million of those extra
dollars were released by September for this winter, and I hope that the
administration will release the balance soon.
The conference agreement for fiscal year 2001 contains $1.4 billion
for LIHEAP, an increase of 27 percent, plus an additional $300 million
for the LIHEAP emergency fund. Now, normally this appropriation bill
would also provide an advance appropriation for LIHEAP for the next
fiscal year so that States have time to plan their programs prior to
the time that funds become available. However, as the gentleman knows,
due to a provision in the budget resolution which places a cap on the
total for advance appropriations, we were not able to include LIHEAP
funding for the next fiscal year as an advance appropriation.
{time} 1700
It is my hope and understanding that next year we will finish our
work on the Committee on Appropriations before the fiscal year starts
on October 1. But in the event that we do not, I think we need to
signal our intentions to the States now so that they can be assured
that LIHEAP funds will be there when they need them despite the lack of
an advanced appropriation in this bill.
So I would, therefore, ask the chairman of the committee, is it your
intention that we provide at least the same level of support for LIHEAP
next year as is included in this bill?
Mr. YOUNG of Florida. Mr. Speaker, reclaiming my time, I thank the
gentleman from Wisconsin (Mr. Obey) for raising this issue because it
has been a big concern for many Members on my side of the aisle as
well.
I want to assure Members that LIHEAP is a very high priority for the
Committee on Appropriations and we will do everything we can to
maintain, at a minimum, the current level of support for this program
next year.
Mr. OBEY. Mr. Speaker, I thank the chairman for that response.
Mr. Speaker, if the gentleman will continue to yield, let me ask
further, in the event that we do not complete the Labor-H bill next
year by October 1 and have to pass a continuing resolution after that
date, is it your intention to include adequate funding in the first CR
for LIHEAP so that States can adequately run their systems programs
through the next winter heating season?
If the committee can offer that commitment, I think Members on this
side of the aisle will feel much more comfortable in supporting this
conference agreement knowing that the normal operations of this program
will not be interrupted.
Mr. YOUNG of Florida. Mr. Speaker, let me respond to the gentleman
that while I hope a continuing resolution would not be necessary next
October, I would certainly support including funding for the full
winter heating season in the first CR should we find ourselves in that
position.
Mr. OBEY. Mr. Speaker, I thank the chairman of the committee for his
strong support for the program and for his commitment to ensure that
this lack of an advance appropriation in this bill will not result in
the interruption of this critical assistance.
I also want to take this opportunity to thank him for the patience
that he has shown as we worked our way through some very troubling
difficulties. Thank goodness that they now appear to be behind us, at
least for a month.
Mr. YOUNG of Florida. Mr. Speaker, I thank the gentleman from
Wisconsin (Mr. Obey) for his comments. We have had differences
throughout the appropriations process, but we were able to come
together. This is a good bipartisan bill. The gentleman from Wisconsin
(Mr. Obey) and I spent a lot of time in the wee hours of this morning
trying to bring this bill to the floor today.
Before I turn my time over to the gentleman from Illinois (Mr.
Porter) who is the chairman of the subcommittee, I wanted to say, Mr.
Speaker, that we are at that time of the year when holiday thoughts
enter our mind; and I recall one of my predecessors who one time made a
very, very aggressive wish to the Members for a Merry Christmas after a
rather heated discussion. I also want to leave a message about the
holiday season if the Members would indulge me for about another
minute. It goes like this:
Twas the week before Christmas and all through the House,
appropriators were working but beginning to grouse.
The big day was coming but no end in sight.
If only we had a number, we could finish tonight.
When back from the White House there came such a clatter, I
sprang from my office to see what was the matter.
When what to my pleasant surprise did I see?
Speaker Hastert with a number and a look of sheer glee.
Here is what you told me you needed, he said,
And quickly he turned with a nod of his head:
I think Obey and Clinton and Daschle and Lott
Will all be pleased with the number we got.
As I turned I was amazed at what did transpire,
13 Cardinals all ready to file . . .
Now Packard! Now Porter! Now Hobson and Taylor!
On Lewis! On Rogers! On Jim Walsh and Kolbe!
From H-218 to the Committee on Rules
It is time to wrap up and not a moment too soon . . .
Our job here is done; now let us clear the hall
Let us vote and then dash away, dash away all.
And I wish everyone a very happy, safe holiday season.
Mr. Speaker, I reserve the balance of my time.
Mr. OBEY. Mr. Speaker, will the gentleman yield?
Mr. YOUNG of Florida. I yield to the gentleman from Wisconsin.
Mr. OBEY. Mr. Speaker, I would also like to take this opportunity,
and I know he has to leave to take a plane for a very important event
which his wife has set up involving a number of Florida children, but
in addition to thanking the gentleman for his good cheer and courtesy
throughout a tough year, I also want to take this opportunity to wish
him in advance a happy birthday, which I understand is tomorrow.
Mr. YOUNG of Florida. Mr. Speaker, reclaiming my time, I thank the
gentleman very much.
I recall late one night we were here and the gentleman from Wisconsin
(Mr. Obey) missed his wedding anniversary because of a late night
session. And if we do not soon get out of here tonight, he is going to
miss being awarded a very, very prestigious and impressive honorary
degree at an institution of education that he founded back in
Wisconsin.
So I wish him the best of luck and congratulations.
Mr. Speaker, I reserve the balance of my time.
Mr. OBEY. Mr. Speaker, I yield myself 15 minutes.
Mr. Speaker, before I get into my explanation of this bill, I want to
take a moment to do something I think is very important. This
institution takes a lot of abuse but there are some people in this
institution who do a tremendous job on behalf of the taxpayers and they
deserve, no matter how rushed the Members are, they deserve to be
recognized.
I want to start by thanking the committee staff on our side of the
aisle, Mark Mioduski and Cheryl Smith, who have worked so incredibly
hard all year on the Labor-Health bill. Cheryl not only handles
education programs for the minority, but she does the transportation
bill, as well. And I know that there were occasions when they went 2\1/
2\ days or more without a single hour's sleep in order to serve this
House, this committee, and its members; and I am very grateful.
I want to thank Mark Murray, who does a terrific job handling both
the
[[Page H12444]]
Foreign Operations bill and the Legislative Branch appropriations bill;
Dave Kilian, who has virtually single handedly handled the Defense bill
on our side of the aisle; Tom Forhan, who handles both the Military
Construction bill and the District of Columbia bill; Dave Reich and
Mike Stephens, who worked together on VA-HUD. And, in addition, Dave
handles the Agriculture bill and Mike handles the Interior bill. Sally
Chadbourne and Pat Schlueter worked together on the Commerce-Justice-
State bill. Sally also does the Energy and Water bill, and Pat does the
Treasury-Postal bill.
None of these people would be nearly as effective if it were not for
the tireless efforts of Mr. Bonner, who undoubtedly works as hard as
any human being on Capitol Hill, and Jade Brennan, who was been here
early in the morning until early the next morning day after day and
night after night. And I would also like to thank Kori Bernards, who
has coordinated our communications efforts too and Norris Cochran and
Christina Hamilton, who have helped out in numerous ways.
This small group of people had to deal literally with every funding
issue in every department and agency and program of the entire Federal
Government. They have had to help Members with their particular
problems with government programs and very often have had to deal with
the wrath of authorizing issues that have nothing to do with the
appropriations but nonetheless get dumped into our bills as a means of
clearing them through both Houses. I think that the effort they put
forth on behalf of this institution and particularly Members on my side
of the aisle is remarkable, and I want to thank them from the bottom of
my heart for their long hours, their tremendous knowledge of our
Government and legislative process and the enormous commitment that
they have made to making this Government and this country a better
place.
I also want to pay special thanks to the clerk of the committee, Jim
Dyer. I do not think there is a single person on Capitol Hill who is
more patient, more fair or more pleasant to deal with on a daily basis
in and out. I can say without reservation that, had it not been for his
commitment and personal skill, this agreement and many others would
never have come together.
Also helping the chairman and the entire committee in the front
office are John Mikel, a first rate professional, who for more than a
decade has pulled the committee and the House through the thorny
thickets of process and budget rules. And Chuck Parkinson has helped
schedule our bills and coordinate with the Committee on Rules; and the
leadership minority, Dale Oak, who manage the massive job of tracking
the hundreds of extraneous items that various Members and other
committees attempted to attach to this legislation; and Elizabeth Morra
and John Schofield who have handled press for the majority.
Dianne Kane, Sandy Farrow, Brian Mabry, and Theo Powell really make
the committee work; and they are a big help not only to the majority
but to all of us on the committee. And I want to especially recognize
Tony McCann, the Subcommittee on Labor-Health clerk; Carol Murphy;
Susan Firth; Geoff Kenyon; Francine Mack-Salvador; and Tom Kelly of the
Subcommittee on Labor-HHS staff and all of the associate staff of the
members of the Labor-HHS subcommittee on both sides of the aisle. And I
also thank Steve Cartesi, the majority clerk on the Senate side, and
Jim English on the minority side and all of the other clerks and
ranking members' assistants as well on all of the other subcommittees
who deal so well and with so much dedication.
I know that there are few people in this country who appreciate how
hard all of these people work and how much of a contribution they make
to their country and this institution, but I want to say ``thank you''
to all of them. And I am sure that that feeling is shared on both sides
of the aisle.
Now I would simply like to say this, and I will say one more thing
about one person before I move to substance: The gentleman from
Illinois (Mr. Porter) is leaving this institution after a distinguished
career which would make any American proud; and I have to say that,
whether I have served with him on the Subcommittee on Foreign
Operations or on the Subcommittee on Labor, Health and Education, he
has invariably brought a high degree of thoughtfulness, a high degree
of fairness, uncommon good judgment and good sense, and immense
dedication to the public good.
I can think of no better phrase than to repeat the phrase that we
have heard so often, ``Well done, good and faithful servant.''
John has truly been a credit to this institution, to his party, to
his country and to his district. I want to lead us all in a round of
applause for the wonderful work that he has done while he has been with
us in this institution.
And now, Mr. Speaker, on to the substance.
On Wednesday night, the country heard two very good speeches on
reconciliation from Mr. Gore and Mr. Bush. Both emphasized a need for
bipartisanship.
Unfortunately, we serve in the institution which has suffered the
greatest erosion of bipartisanship in recent years. But this
institution does, in my opinion, have a very good model for
bipartisanship and that is the Committee on Appropriations.
Even during the last 6 years, we have been able to produce a
significant number of bills on a bipartisan basis. In all but one year,
the Labor-HHS Education bill has not been one of those bills. That has
not been the fault of the distinguished gentleman and my good friend
the gentleman from Illinois (Mr. Porter), the subcommittee chairman.
Nor has it been the fault of the gentleman from Florida (Mr. Young) or
his predecessor as full committee chair, Bob Livingston. They have
struggled in the best traditions of this committee to reach across the
aisle and to build the broadest possible consensus for each bill. But
because of the restrictions placed on them by the Committee on the
Budget and their leadership, their efforts have not often succeeded in
my judgment.
This bill has been a poster child on how not to run a legislative
body. And, in fact, in this process, a Member of the majority side of
the aisle earlier correctly noted that there are dozens of items in
this bill that have nothing whatsoever to do with the appropriations
bill.
In fact, there are well over a hundred different authorizations that
are being added to this bill by reference. We did not negotiate those
items. We are not responsible for them. All we can try to do with our
limited staff is to try to make certain that they were not supremely
objectionable to this or that faction in the House. And I have to say
that this is a spectacular example of how not to run a railroad.
This year has been especially frustrating to those of us who would
like to see some of the most critical functions of Government funded on
a bipartisan consensus. And the fact is that for 9 months of this year
the deliberations of this committee were wasted on phoney budget
resolutions that held funding for education, held research, worker
protection and other critical programs in this bill at virtually last
year's funding level with no adjustment for inflation, with no
recognition of the new challenges facing this country and yet the
majority passed the bill.
{time} 1715
The Senate recognized that was an unrealistic package when they
passed a bill somewhat more in line with the Nation's needs. In
October, we reached a bipartisan agreement that in my view met the
needs of a changing and growing country, but then that bill was blocked
from coming to the floor by the majority party leadership. Both parties
then went out and campaigned for the education and the health and
worker protection programs that were in this bill. But after the
election, the majority party leaders then demanded that this bill be
cut by more than $3.7 billion before it could be brought back to the
floor. That is a demand they did not make of the interior bill that was
almost 15 percent above last year, or the transportation bill that was
similarly way above last year, and also a bill such as the energy and
water bill which was substantially above last year.
To get an agreement in the last week, we had to cut $3.7 billion from
the earlier agreement, we had to take $1.4 billion from advance funding
for LIHEAP, we had to take $257 million
[[Page H12445]]
out of handicapped education, $127 million out of efforts to reduce
class size, $180 million out of after-school programs and $200 million
out of biomedical research. I dislike all of those cuts and would point
out that they were unnecessary both in terms of meeting the budget
limits that Congress imposed on itself in October and they were
unnecessary in terms of passing this bill.
But nonetheless, even with these changes, I will support this bill
for two reasons: one, because I have in essence a ministerial duty to
do so. Sooner or later we have to resolve our differences and this is
the day; and, secondly, I think there are other good reasons to vote
for this bill. It now provides funding on a program basis that is
nearly 15 percent higher than last year for critical education and
health programs. Some people are alarmed by that. I am delighted by it.
The overall increase in education in this bill is 18 percent. It is a
major step forward in providing local schools with the kind of
resources that will facilitate the kind of change and improvement in
our schools that the American people are anxious to see.
Class size reduction efforts are increased 25 percent. Teacher
quality efforts are increased 50 percent. School renovation is funded
at a $1.2 billion level. For Pell grants, and I think this is perhaps
the most important issue in the area of higher education in this bill,
we have the biggest increase in 25 years, the Pell grant going from a
maximum grant of $3,300 to $3,750. To the very deep regret of our
friend, the gentleman from Illinois (Mr. Porter), we did not provide
the 15 percent increase for NIH that we had hoped to see. We provided
almost that much, about 14 percent; and I am hopeful we will ultimately
see our efforts against disease doubled within the 5-year time frame
that will end in fiscal 2003.
The most troubling cut in this bill for many Members on this side of
the aisle is the advance funding for the low-income fuel assistance
program which I just mentioned. Members need to recognize, however,
that fuel assistance is funded for the current year not only at the
full level provided last year, not only at the request, but at $300
million above the request. I am convinced that will not be enough,
given current energy price increases and long-term weather forecasts;
but it is 25 percent more than would be available if we had to go to a
continuing resolution. The deletion of that advance funding is
unfortunate. It carries with it certain risks that I am uncomfortable
about. It does not give State and local governments as much assurance
about program levels for next year as would be desirable for planning
purposes. It does not assure that all of the money will be allocated
next fall before cold weather hits. But we have in the statement of the
managers very firm commitments to work to overcome those problems, and
I intend to see that the leadership in Congress and the new President
will keep those commitments.
I would also note that there were over 400 authorizations which one
party or another attempted to add to this bill. We rejected almost 300
of them. And of those that are in the bill, you will have to talk to
the authorizing committees to get a balanced evaluation, because they
largely negotiated them. I have just one additional statement to make.
I love this institution. I respect every Member in it. I love what it
can do when it is at its best in doing things that are needed to help
the people we represent, but I honestly do believe that the way this
bill was produced is a model of how not to proceed in the future. But
in the end finally it has produced an honest product with honest
numbers. I think it makes a significant advance forward in meeting the
needs that it is supposed to meet.
Mr. Speaker, I reserve the balance of my time.
The SPEAKER pro tempore (Mr. Pease). Without objection, the time
allocated to the gentleman from Florida (Mr. Young) will be controlled
by the gentleman from Illinois (Mr. Porter).
There was no objection.
Mr. PORTER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I am sorry that the gentleman from Pennsylvania, who
earlier had reserved the right to object and then criticized the bill,
might have stayed on the floor because I am directing this portion of
my remarks to him. In early 1988, Ronald Reagan came to the floor of
this House to give his State of the Union address and slammed down on
the Clerk's desk a bill that was probably twice the size of the one
that is sitting there right now. It was an omnibus bill that had been
passed about this time of year in 1987. President Reagan said, ``Never
again.'' In his remarks to the Congress at that time, he lifted words
out of a letter that I had written with 147 Members of the House of
Representatives saying that this is not the way we ought to do the
House's business.
Very frankly, the gentleman from Pennsylvania is correct. Omnibus
bills are never a proper way to legislate. But let me say to the
gentleman that the Labor, Health and Human Services and Education
appropriation bill was conferenced. We completed the conference on July
27. Appropriators would have brought that measure to the floor right
away. Yes, it might have been vetoed by the President, it probably
would have been, but we would have started those negotiations with the
White House long ago and would have completed them presumably before
the end of the fiscal year. We do not support delay in the
consideration of this conference report. This is an idea that comes
from outside the appropriations process.
I would say to the gentleman, if he were here, one other thing. It
echoes the words that my colleague from Wisconsin mentioned a moment
ago. We must have, early in the legislative process, a budget
resolution adopted on a bipartisan basis. The White House needs to be
on board. The Republicans in the Congress of both Houses need to be on
board. The Democrats need to be on board, we must have an agreed
number. We need not have all the detail. All we need is two lines: one
that defines total spending for the government and one that defines
total discretionary spending. That is all we need. Appropriators can
then get started.
If you do not have an agreed bipartisan budget resolution early in
the process, you have no fiscal discipline. That is exactly what we had
this year and in several past fiscal years--no fiscal discipline. We
need to get such direction early. We need to get an agreement. We need
to make the allocations between the Senate and the House appropriations
subcommittees early in the process. Once that is accomplished we can
achieve fiscal discipline. You do not end up with these kind of bills
done where, he is right, nobody knows quite everything that is in it.
I would add one other thing. Many things that are in this measure
were well known on July 27. There are some changes in the appropriation
numbers since that time, but they have been available to all Members.
Most of the changes that are in the document sitting on the desk have
occurred because authorizing measures have been added to the bill. Most
of the delay all day yesterday and all day today have come not from
appropriation matters but from authorizing matters that should have
been dealt with long ago.
I would say to the gentleman, he is on the right track. I commend to
him Ronald Reagan's statement. I commend to all Members that statement.
We need to do these things on a bipartisan basis, and let appropriators
get their work done with some fiscal discipline involved.
Mr. Speaker, I reserve the balance of my time.
Mr. OBEY. Mr. Speaker, I yield 1 minute to the gentlewoman from
California (Mrs. Capps).
Mrs. CAPPS. Mr. Speaker, I rise in support of this legislation.
Included in this bill is a waiver of Medicare's 24-month waiting period
for persons disabled by ALS, Lou Gehrig's Disease. This terrible
disease leaves its victims totally unable to care for themselves.
Tragically, their life expectancy is often less than the waiting period
itself. Medicare coverage will ease their suffering and provide support
for their families and friends. This provision comes from a bill
authored by my husband, Walter Capps, which I reintroduced and which
now has 282 House cosponsors. I want to thank these cosponsors.
While recovering from a car accident, Walter received his physical
rehab with a friend suffering from ALS, Tom Rogers. Towards the end of
the rehab, Tom arrived one day with a pair of tennis
[[Page H12446]]
shoes. He gave them to Walter saying he had no further use for them, he
was now confined to a wheelchair. Walter wore these shoes throughout
his campaign for this House. He never forgot the struggle that is Tom's
and thousands of other ALS victims.
This victory today is for ALS patients and their families who built
support for our bill.
Mr. PORTER. Mr. Speaker, I am pleased to yield 1 minute to the
gentleman from Kentucky (Mr. Rogers), the chairman of the Subcommittee
on Commerce, Justice, State and Judiciary.
(Mr. ROGERS asked and was given permission to revise and extend his
remarks, and include extraneous material.)
Mr. ROGERS. Mr. Speaker, I submit the following material that updates
the statement of the managers to accompany the Commerce, Justice, State
Appropriations Act for fiscal year 2001 to reflect changes made by the
pending bill and other minor technical corrections. It has the support
of my good friend, our ranking member, the gentleman from New York (Mr.
Serrano). This matter should be used to determine questions of intent
with respect to our bill.
DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
AGENCIES APPROPRIATIONS
Following is explanatory language on H.R. 5548, as
introduced on October 25, 2000, and subsequent amendments.
The conferees on H.R. 4942 agree with the matter included
in H.R. 5548 and enacted in this conference report by
reference and the following description of it. The bill was
developed through negotiations by subcommittee members of the
Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Subcommittees of the House and Senate on
the differences in the House passed and Senate reported
versions of H.R. 4690. References in the following
description to the ``conference agreement'' mean the matter
included in the introduced bill enacted by this conference
report, and subsequent amendments. References to the House
bill mean the House passed version of H.R. 4690. References
to the Senate reported amendment mean the Senate reported
version of H.R. 4690.
The House passed H.R. 4690 on June 26, 2000. The Senate
reported from Committee a Senate amendment to H.R. 4690 on
July 21, 2000. References in the following statement to
appropriations amounts or other items proposed by the House
bill or the Senate-reported amendment refer only to those
amounts and items recommended in the House-passed and Senate-
reported versions of H.R. 4690. Any reference to
appropriations amounts or other items included in the
conference agreement reflects the final agreement on H.R.
4690. This statement reflects how the funds provided in the
conference agreement are to be spent.
Senate-reported amendment: The Senate Appropriations
Committee considered H.R. 4690 as passed by the House, struck
all after the enacting clause, and inserted the text of the
Senate-reported amendment. The conference agreement includes
a revised bill.
TITLE I--DEPARTMENT OF JUSTICE
General Administration
SALARIES AND EXPENSES
The conference agreement includes $88,713,000 for General
Administration, instead of $83,713,000 as proposed in the
Senate-reported amendment and $84,177,000 as proposed in the
House bill.
The conference agreement adopts by reference the House
report language regarding budget ``shortfalls'' and racial
disparities in Federal capital prosecutions.
The conference agreement includes a $5,000,000 transfer
from the Immigration and Naturalization Service Salaries and
Expenses account to continue the planned integration of the
Immigration and Naturalization Service (INS) IDENT system and
the Federal Bureau of Investigation (FBI) IAFIS system.
The conference agreement includes a $5,000,000 increase for
the Office of Intelligence Policy and Review for Foreign
Intelligence Surveillance Act applications.
The conference agreement includes bill language contained
in the House bill specifying the amount of funding provided
for the Department Leadership Program and the Offices of
Legislative and Public Affairs.
JOINT AUTOMATED BOOKING SYSTEM
The conference agreement includes $15,915,000 for the Joint
Automated Booking System (JABS) program as proposed in the
Senate-reported amendment, instead of $1,800,000 as proposed
in the House bill.
NARROWBAND COMMUNICATIONS
The conference agreement includes $205,000,000 for
narrowband communications conversion activities as proposed
in the Senate-reported amendment, instead of $95,445,000 as
proposed in the House bill. The conference agreement provides
funding necessary to continue implementation of the
Department of Justice Wireless Network (JWN), and for
operations and maintenance of legacy systems. The Wireless
Management Office (WMO) is directed to submit quarterly
status reports on implementation of the JWN, with the first
such report due no later than February 15, 2001.
The conference agreement deletes a citation included in the
House bill but not included in the Senate-reported amendment.
COUNTERTERRORISM FUND
The conference agreement includes $5,000,000 for the
Counterterrorism Fund as proposed in the Senate-reported
amendment, instead of $10,000,000 as proposed in the House
bill. When combined with $32,844,150 in prior year carryover,
a total of $37,844,150 will be available in the Fund in
fiscal year 2001 to cover unanticipated, extraordinary
expenses incurred as a result of a terrorist threat or
incident.
The conference agreement retains language, included in the
House bill and carried in previous Acts, authorizing the
Attorney General to make expenditures from the fund, subject
to section 605 of this Act. The Senate-reported amendment
proposed to give this authority to a new Deputy Attorney
General.
TELECOMMUNICATIONS CARRIER COMPLIANCE FUND
The conference agreement includes $201,420,000 for the
Telecommunications Carrier Compliance program for
implementation of the Communications Assistance for Law
Enforcement Act of 1994 (CALEA), instead of $278,021,000 as
proposed in the House bill. The Senate-reported amendment did
not include funding for this activity. This amount, when
combined with funds previously made available, will provide
the full $500,000,000 authorized and required to implement
CALEA.
The conference agreement concurs with the direction in the
House report that the Department and the Federal Bureau of
Investigation (FBI) are to remain focused on the timely
implementation of CALEA, and have therefore included
$17,300,000 within the FBI Salaries and Expenses account for
CALEA implementation. The Department of Justice is directed
to submit a reorganization proposal no later than November
15, 2000, to ensure coordination of CALEA implementation and
other related electronic surveillance issues.
ADMINISTRATIVE REVIEW AND APPEALS
The conference agreement includes $161,062,000 for
Administrative Review and Appeals, instead of $159,570,000 as
proposed in the House bill and $112,814,000 as proposed in
the Senate-reported amendment. Of the total amount provided,
$159,335,000 is for the Executive Office for Immigration
Review (EOIR) and $1,727,000 is for the Office of the Pardon
Attorney.
The conference agreement includes $9,566,000 for
adjustments to base, and $3,000,000, 37 positions and 19
full-time equivalent workyears (FTE) to address the increased
Immigration Judge and appellate caseload. In addition, EOIR
is directed to provide such sums as necessary for point-to-
point installation of video-conferencing equipment in
accordance with EOIR's plan and the Senate report. The
conference agreement also includes direction under the INS
Examinations Fees account regarding continued support for
contract court interpreter services.
DETENTION TRUSTEE
The conference agreement includes $1,000,000 to establish a
new Federal Detention Trustee within the Department of
Justice as proposed in the House bill. The Senate-reported
amendment did not address this matter. The conference
agreement reflects the concerns expressed in the House report
regarding the planning and management of detention space in
the Department of Justice. Therefore, the direction included
in the House report regarding the authorities and duties of
this new Trustee, and the establishment of regional pilot
projects to test better mechanisms for addressing detention
needs, is adopted by reference. Further, the Department of
Justice is expected to consolidate all detention resources
under the Trustee as part of the fiscal year 2002 budget
submission.
OFFICE OF INSPECTOR GENERAL
The conference agreement includes $41,575,000 for the
Office of Inspector General (OIG) instead of $41,825,000 as
proposed in the House bill and $42,192,000 as proposed in the
Senate-reported amendment. The conference agreement also
assumes that $1,500,000 in INS fees will be available to the
OIG.
The conference agreement directs the Department of Justice
to review its procedures for releasing OIG investigatory
material and findings and inform the Committees on
Appropriations by June 1, 2001, if any procedures should be
modified.
The OIG is directed to submit future budget requests
separating OIG Leadership Offices and OIG Operational
Offices. The OIG Leadership Offices decision unit should
include the following: the Inspector General, the Deputy
Inspector General, the Counselor to the Inspector General,
the Special Counsel, and the Special Investigations and
Review Unit. The Operational Offices decision unit should
include the following offices: the Audit Division, the
Investigations Division, the Inspections Division, and the
Management and Planning Division.
The conference agreement directs that the OIG submit a
detailed financial plan to the Committees on Appropriations
by December 1, 2000.
United States Parole Commission
SALARIES AND EXPENSES
The conference agreement includes $8,855,000 for the U.S.
Parole Commission, as
[[Page H12447]]
proposed in the House bill, instead of the $7,380,000 as
proposed in the Senate-reported amendment. The conference
agreement adopts by reference the recommendation in the
Senate report on detailing attorneys.
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
The conference agreement includes $535,771,000 for General
Legal Activities, instead of $523,228,000 as proposed in the
House bill, and $494,310,000 as proposed in the Senate-
reported amendment.
The recommendation includes base adjustments for all
divisions, but does not include an undefined base
restoration. The distribution of funding provided is as
follows:
Office of the Solicitor General..............................$7,118,000
Tax Division.................................................70,991,000
Criminal Division...........................................110,851,000
Civil Division..............................................154,092,000
Environment and Natural Resources............................68,703,000
Office of Legal Counsel.......................................4,967,000
Civil Rights Division........................................92,166,000
Interpol--USNCB...............................................7,686,000
Legal Activities Office Automation...........................18,877,000
Office of Dispute Resolution....................................320,000
________________
Total...................................................535,771,000
The conference agreement includes a $3,000,000 increase for
the Civil Rights Division, including funding for civil
enforcement for police misconduct, and other highest priority
initiatives.
The conference agreement provides $18,877,000 to remain
available until expended for office automation costs as
proposed in the House bill, instead of $18,571,000 as
proposed in the Senate-reported amendment. The conference
agreement adopts language included in the Senate-reported
amendment which limits the use of these funds to automation
costs and allows such funds to be used for the United States
Trustees Program. The conference agreement adopts by
reference the Senate report language regarding the Office of
Special Investigations, and the House report language
regarding extradition reporting and extradition treaties.
THE NATIONAL CHILDHOOD VACCINE INJURY ACT
The conference agreement includes a reimbursement of
$4,028,000 for fiscal year 2001 from the Vaccine Injury
Compensation Trust Fund to the Department of Justice, as
proposed in the House bill and the Senate-reported amendment.
SALARIES AND EXPENSES, ANTITRUST DIVISION
The conference agreement provides $120,838,000 for the
Antitrust Division as proposed in the Senate-reported
amendment, instead of $113,269,000 as proposed in the House
bill. The conference agreement assumes that of the amount
provided, $95,838,000 will be derived from current year fee
collections and $25,000,000 from estimated unobligated fee
collections available from prior years, resulting in a net
direct appropriation of $0. The use of any remaining
unobligated fees balances from prior years is subject to the
reprogramming requirements outlined in section 605 of this
Act.
Appropriations for both the Division and the Federal Trade
Commission are financed with Hart-Scott-Rodino Act pre-merger
filing fees. Section 630 of this Act modifies the Hart-Scott-
Rodino Act to include a three-tiered fee structure that
increases the filing threshold for a merger transaction from
$15,000,000 to $50,000,000. It is anticipated that the
increase in the filing threshold will reduce the number of
mergers requiring review by approximately 50 percent.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
The conference agreement includes $1,250,382,000 for the
U.S. Attorneys, instead of $1,247,416,000 as proposed in the
House bill, and $1,159,014,000 as proposed in the Senate-
reported amendment. The following narrative reflects how the
funds provided in the conference agreement are to be spent.
The conference agreement provides a net increase of
$59,896,000 for pay and inflationary adjustments to enable
the U.S. Attorneys to maintain the current operating level.
The conference agreement does not include $7,425,000
requested as base adjustments to substitute direct
appropriations for activities previously supported from the
Health Care Fraud and Abuse Control (HCFAC) account. The
Department of Justice is directed to continue to provide
funding for not less than 177 positions and 177 FTE to the
U.S. Attorneys from the HCFAC account to support health care
fraud activities.
The conference agreement also includes the following
program increases:
Firearms Prosecutions.--$15,259,000, 163 positions and 82
FTE, including 113 attorneys, to augment prosecutions under
existing firearms statutes. This amount, when combined with
base resources of $7,125,000, will provide a total of
$22,384,000 for intensive firearms prosecution projects. The
direction included in the House report regarding the criteria
and process for allocation of these funds is adopted by
reference. Further, the Executive Office of U.S. Attorneys is
directed not to set aside any portion of these funds for
headquarters priorities, but rather is to allocate these
funds in accordance with the priorities identified by the
local districts which will result in a direct increase in
prosecutions under existing gun laws. In addition, the
conference agreement adopts the Senate direction requiring
the annualization of funds provided in fiscal year 2000 for
firearms prosecutions, and the reporting requirement
regarding panel attorney costs.
Cyber Crime and Intellectual Property.--$3,974,000, 50
positions and 25 FTE, including 28 attorneys, to augment the
investigation and prosecution of computer and intellectual
property crimes, including crimes identified in the No
Electronic Theft (NET) Act, the National Information
Infrastructure Assurance Act, and the Economic Espionage Act.
The direction included in the Senate report regarding
submission of a report on copyright enforcement is adopted by
reference.
Immigration.--$1,974,000, 24 positions and 12 FTE,
including 13 attorneys, to address the growing criminal
immigration caseload along the Southwest Border, with
particular emphasis to be placed on prosecutions of
individuals involved in alien smuggling, document fraud, and
illegal aliens with multiple deportations. The conference
agreement adopts by reference the direction included in the
House report regarding submission of a spending plan for
these resources.
Indian Country.--$5,000,000, 60 positions and 30 FTE,
including 33 attorneys, to enhance Federal investigation and
prosecution activities in Indian Country to meet Federal
statutory responsibilities related to Indian Country.
Legal Education.--$2,300,000 to continue establishment of a
distance learning facility at the National Advocacy Center
(NAC). This amount, when combined with $15,316,000 in base
resources, provides a total of $17,616,000 under this account
for legal education at the National Advocacy Center (NAC).
These funds are to be spent in accordance with the direction
included in the Senate report.
Within the total amount available to the U.S. Attorneys,
the conference agreement includes $2,612,000 for technology
demonstration projects, and adopts by reference the direction
included in the Senate report regarding distribution of these
resources. In addition, $1,000,000 is included from within
base resources to continue a violent crime task force
demonstration project, as proposed in the Senate-reported
amendment. The conference agreement also adopts by reference
the direction included in the House and Senate reports
regarding the unstaffed offices report, as well as the
direction included in the Senate report regarding an office
in Western Kentucky. In addition, the Senate report language
regarding property flipping, computer network privatization,
and a fiscal year 1995 quarterly reporting requirement are
adopted by reference.
The conference agreement does not adopt the recommendations
included in the Senate report regarding the reallocation of
existing staffing to the Southwest border and within the
Missouri River Valley, spending freezes among object
classifications, elimination of base funds for office
relocations, limitations on expansion of gun prosecution
initiatives, or pre-trial sentencing guidelines.
In addition to identical provisions that were included in
both the House bill and Senate-reported amendment, the
conference agreement includes the following provisions: (1)
providing for 9,439 positions and 9,557 workyears for the
U.S. Attorneys, instead of 9,381 positions and 9,529
workyears as proposed in the House bill, and 9,120 positions
and 9,398 workyears as proposed in the Senate-reported
amendment; (2) allowing not to exceed $2,500,000 for the
National Advocacy Center as proposed in the Senate-reported
amendment; and (3) providing $1,000,000 for violent crime
task forces to remain available until expended as proposed in
the Senate-reported amendment. The conference agreement does
not include language proposed in the Senate bill withholding
50 percent of funds available to U.S. Attorneys until the
Attorney General establishes certain rules and penalties in
accordance with the Senate version of the fiscal year 2000
appropriations bill.
UNITED STATES TRUSTEE SYSTEM FUND
The conference agreement provides $125,997,000 for the U.S.
Trustees for fiscal year 2001, to be entirely funded from
offsetting collections, instead of $126,242,000 proposed in
the House bill and $127,212,000 proposed in the Senate-
reported amendment. The conference agreement does not provide
amounts the budget request assumed would carry forward to
fiscal year 2002. The conference agreement adopts by
reference the Senate report language on the National Advocacy
Center (NAC). The conference agreement also adopts House
report language on the reprogramming of offsetting
collections.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
The conference agreement provides $1,107,000 for the
Foreign Claims Settlement Commission, instead of $1,000,000
as proposed in the House bill and $1,214,000 as proposed in
the Senate-reported amendment.
SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE
The conference agreement includes $572,695,000 for the U.S.
Marshals Service Salaries and Expenses account, instead of
$560,438,000 as proposed in the House bill and $550,472,000
as proposed in the Senate-reported amendment. The following
narrative reflects how the funds provided in the conference
agreement are to be spent.
The amount included in the conference agreement includes a
$4,713,000 net increase in base adjustments, as follows:
$19,774,000 for pay and inflationary increases, offset by
[[Page H12448]]
decreases of $4,852,000 for one-time equipment purchases and
$10,209,000 from the transfer of the Seized Assets Management
Program to the Assets Forfeiture Fund. Within the amount
provided, a total of $1,735,000 is included for the Warrant
Information Network and other networks and on-line services,
and $725,000 is for recurring costs of the Electronic
Surveillance Unit as directed in the Senate report. The
conference agreement does not adopt the recommendation
included in the Senate-reported amendment to transfer funding
from this account for U.S. Marshals Service costs associated
with the Justice Prisoner Alien Transportation System
(JPATS), but instead provides $25,503,000 for U.S. Marshals
Service requirements under this account.
In addition, the conference agreement includes $27,389,000
in program increases for the following:
Courthouse Security Staffing and Equipment.--$21,211,000,
for courthouse security personnel and equipment. Of this
amount, $6,711,000, 89 positions and 45 FTE are provided for
courthouse security personnel at new and expanded courthouses
expected to open in fiscal year 2001. Language included in
the House report regarding the submission of a spending plan
and allocation of resources in excess of requirements is
adopted by reference.
In addition, $14,500,000 is provided for courthouse
security equipment, as follows:
USMS Courthouse Security Equipment
[In thousands of dollars]
New Courthouses.................................................$8,173
Las Vegas, NV.................................................(1,023)
Cleveland, OH.................................................(1,012)
Columbia, SC..................................................(1,122)
Greenville, TN..................................................(353)
Corpus Christi, TX............................................(1,078)
Laredo, TX......................................................(989)
Providence, RI..................................................(920)
Helena, MT......................................................(658)
Wheeling, WV....................................................(245)
Denver, CO......................................................(773)
Other Security Requirements......................................5,684
Nationwide Equipment Maintenance Requirement.......................643
________________
Total, USMS Security Equipment..............................14,500
The Marshals Service is directed to use the $5,684,000
provided for Other Security Requirements to address the
highest priority security equipment needs for existing
courthouses and new courthouses with the greatest
deficiencies, and to submit a spending plan for these funds
no later than December 1, 2000.
Electronic Surveillance Unit.--$3,150,000, and up to 6
positions and 3 FTE, for personnel and equipment for the
Electronic Surveillance Unit.
Special Assignments.--$2,500,000 for security at high
threat and/or high profile trials and for protective details
for judicial personnel involved in these trials, including
the World Trade Center bombing trial. The Marshals Service is
directed to annualize this increase in fiscal year 2002.
Concerns have been expressed regarding the exclusion of the
Marshals Service from the threat assessment and decision-
making process regarding certain special and other protective
assignments. In addition, the level of protection at Federal
facilities by the General Services Administration (GSA) is
inadequate relative to the amount the Marshals Service and
other agencies are charged by GSA for these services. The
Department is directed to report to the Committees on
Appropriations no later than December 15, 2000, on the role
afforded to the Marshals Service in the threat assessment and
decision-making process for special and other protective
assignments, and to provide recommendations to augment the
Marshals Service's role in this activity. Further, the
Department is directed to provide a report on the adequacy of
support provided by GSA for facility protection, relative to
the amount GSA is charging for these services.
Financial Management.--$378,000, 8 positions and 4 FTE to
improve financial management.
Cost Saving Initiatives.--$150,000 for implementation and
support of a variety of cost saving initiatives as directed
in the Senate report. Should additional funds become
available through savings achieved, the Marshals Service may
use those funds for additional staff only in accordance with
Section 605 of this Act.
The conference agreement adopts by reference the concerns
expressed in the Senate report regarding the Special
Operations Group (SOG) and directs the Marshals Service to
provide a report to the Committees on Appropriations no later
than January 15, 2001, on the utilization of the SOG, as well
as the resource requirements necessary to ensure that the SOG
can fulfill its intended mission.
The conference agreement includes language providing not to
exceed 4,034 positions and 3,895 FTE for the Marshals
Service, instead of 4,168 positions and 3,892 FTE as proposed
in the House bill. The Senate-reported amendment did not
include a similar provision. The conference agreement does
not include a provision proposed in the Senate-reported
amendment prohibiting the Marshals Service from providing a
protective vehicle for the Director of the Office of National
Drug Control Policy (ONDCP) unless certain conditions are
met. A similar provision was not included in the House bill.
However, the Marshals Service is directed to provide a report
to the Committees on Appropriations no later than January 15,
2001, on the usage of a protective vehicle by the Director of
ONDCP.
CONSTRUCTION
The conference agreement includes $18,128,000 in direct
appropriations for the U.S. Marshals Service Construction
account, instead of $6,000,000 as proposed in the House bill,
and $25,100,000 as proposed in the Senate-reported amendment.
The conference agreement includes the following distribution
of funds:
USMS Construction
[In thousands of dollars]
Birmingham, AL.....................................................$472
Fort Smith, AR......................................................400
Hartford, CT........................................................200
Wilmington, DE......................................................100
Bowling Green, KY...................................................300
Boston, MA..........................................................650
Ann Arbor, MI.......................................................200
Detroit, MI.........................................................650
Wilmington, NC......................................................775
Buffalo, NY.........................................................150
Tulsa, OK...........................................................300
Philadelphia, PA....................................................400
Hato Rey, PR........................................................793
Spartanburg, SC...................................................1,441
Greenville, MS....................................................1,187
Other Renovation Projects.........................................9,500
Security Specialists/Construction Engineers.........................610
________
Total, Construction..........................................18,128
The Marshals Service is directed to use the $9,500,000
provided for Other Renovation Projects for the highest
priority security construction needs in locations with a
security score of 50 or less, and to submit a spending plan
for these funds no later than December 1, 2000.
JUSTICE PRISONER AND ALIEN TRANSPORTATION SYSTEM FUND
The conference agreement includes language, as proposed in
the House bill, to continue the operations of JPATS on a
revolving fund basis through reimbursements from
participating agencies, instead of through a direct
appropriation under this account as proposed in the Senate-
reported amendment. The conference agreement does include a
direct appropriation of $13,500,000 for a one-time
capitalization of the Fund to procure two Sabreliner-class
aircraft as proposed in the Senate-reported amendment.
FEDERAL PRISONER DETENTION
The conference agreement provides $597,402,000 for Federal
Prisoner Detention as proposed in both the House bill and the
budget request, instead of $539,022,000 as proposed in the
Senate-reported amendment, an increase of $72,402,000 over
the fiscal year 2000 direct appropriation. The increase has
been provided as follows: (1) $63,180,000 is for increased
jail days; (2) $675,000 is for increased medical costs; and
(3) $500,000 is for prisoner medical guard services.
The conference agreement does not include language in this
section proposed in both the House bill and Senate-reported
amendment regarding contracts with private entities for the
confinement of Federal detainees, but instead addresses this
matter as a new general provision under Title I of this Act.
Language is included, as proposed in the House bill,
permanently making available amounts appropriated under this
account to be used to reimburse the Federal Bureau of Prisons
for certain costs associated with providing medical care to
certain pre-trial and pre-sentenced detainees. The Senate-
reported amendment addressed this matter elsewhere under
Title I of this Act.
FEES AND EXPENSES OF WITNESSES
The conference agreement includes $125,573,000 for Fees and
Expenses of Witnesses, instead of $95,000,000 as proposed in
the House bill, and $156,145,000 as proposed in the Senate-
reported amendment.
Language is included allowing not to exceed $5,000,000 to
be made available for secure telecommunications equipment and
networks related to protected witnesses, as proposed in the
House bill. The conference agreement does not include a
provision allowing up to $77,067,000 to be transferred from
this account to the Federal Prisoner Detention account as
proposed in the Senate-reported amendment.
COMMUNITY RELATIONS SERVICE
The conference agreement includes $8,475,000 for the
Community Relations Service as proposed in the Senate-
reported amendment, instead of $7,479,000 as proposed in the
House bill. The conference agreement adopts the funding
increases provided in the Senate report. In addition, the
conference agreement includes a provision allowing the
Attorney General to transfer up to $1,000,000 of funds
available to the Department of Justice to this program, as
proposed in the House bill. The Attorney General is expected
to report to the Committees on Appropriations of the House
and Senate if this transfer authority is exercised. In
addition, a provision is included allowing the Attorney
General to transfer additional resources, subject to
reprogramming procedures, upon a determination that emergent
circumstances warrant additional funding, as proposed in both
the House bill and the Senate-reported amendment.
ASSETS FORFEITURE FUND
The conference agreement provides $23,000,000 for the
Assets Forfeiture Fund as proposed in Senate-reported
amendment, instead of no funding as proposed in the House
bill.
[[Page H12449]]
Radiation Exposure Compensation
ADMINISTRATIVE EXPENSES
The conference agreement includes $2,000,000 for
administrative expenses for fiscal year 2001, the full amount
requested and the same amount proposed in both the House bill
and the Senate-reported amendment. The conference agreement
adopts the bill language in the House bill.
PAYMENT TO RADIATION COMPENSATION EXPOSURE TRUST FUND
The conference agreement provides $10,800,000 for the
compensation trust fund, instead of $3,200,000 provided in
the House bill and $14,400,000 in the Senate-reported
amendment. The conference agreement includes bill language
from the Senate-reported amendment allowing claimants who
qualify under the original statute to be paid and does not
provide funding for the expansion of the program authorized
under Public Law 106-245.
Interagency Law Enforcement
INTERAGENCY CRIME AND DRUG ENFORCEMENT
The conference agreement provides a total of $328,898,000
for Interagency Crime and Drug Enforcement as proposed in the
House bill, of which $325,898,000 is derived from direct
appropriations, and $3,000,000 is from prior year carryover.
The House bill included $328,898,000 in direct
appropriations, while the Senate-reported amendment proposed
$316,792,000. The distribution of the total available funding
is as follows:
Reimbursements by Agency
[In thousands of dollars]
Drug Enforcement Administration................................$108,190
Federal Bureau of Investigation.................................112,468
Immigration and Naturalization Service...........................15,808
Marshals Service..................................................1,984
U.S. Attorneys...................................................86,582
Criminal Division...................................................814
Tax Division......................................................1,380
Administrative Office.............................................1,672
__________
Total.......................................................328,898
The conferees note that the report requested in fiscal year
2000 has not yet been delivered to the Committees on
Appropriations.
Federal Bureau of Investigation
SALARIES AND EXPENSES
The conference agreement includes a total of $3,235,600,000
for the Federal Bureau of Investigation (FBI) Salaries and
Expenses account, instead of $3,229,505,000 as proposed in
the House bill, and $3,077,581,000 as recommended in the
Senate-reported amendment. Of this amount, the conference
agreement provides that not less than $437,650,000 shall be
used for counterterrorism investigations, foreign
counterintelligence, and other activities related to national
security, instead of $400,650,000 as proposed in the Senate-
reported amendment, and $159,223,000 as proposed in the House
bill. The following narrative reflects how the funds provided
in the conference agreement are to be spent.
The conference agreement includes a net increase of
$136,080,000 for adjustments to base as follows: increases
totaling $137,219,000 for pay and inflationary increases,
including $27,711,000 for increased costs associated with the
transfer of Civil Service Retirement System (CSRS) employees
to the Federal Employee Retirement System (FERS), increased
Federal health insurance premium costs, and continued direct
funding for the National Instant Check System; offset by
decreases totaling $1,139,000 for non-recurring equipment
purchases.
The conference agreement adopts the concerns and direction
included in the House report regarding the FBI's inability to
execute its budget within the funding levels provided. The
conference agreement provides the full amount requested for
base adjustments to support the FBI's current staffing and
operating level as reflected in the budget request. The
conference agreement also includes a provision that
identifies the funded position and FTE levels provided in the
bill, which are consistent with the full base funding
requested and program increases provided in the conference
agreement. The FBI is directed to continue to provide
quarterly reports to the Committees on Appropriations which
delineate by direct and reimbursable the funded and actual
agent and non-agent staffing level for each decision unit,
with the first report to be provided no later than January
15, 2001.
The following distribution represents the conference
agreement:
FBI SALARIES AND EXPENSES, FISCAL YEAR 2001
[In thousands of dollars]
------------------------------------------------------------------------
Activity Pos. FTE Amount
------------------------------------------------------------------------
Criminal, Security and Other
Investigations:
Organized Criminal Enterprises........ 3,984 3,993 450,678
White Collar Crime.................... 4,284 4,184 483,273
Other Field Programs.................. 10,551 10,304 1,307,024
-----------------------------
Subtotal............................ 18,819 18,481 2,240,975
=============================
Law Enforcement Support:
Training, Recruitment, and Applicant.. 1,003 984 120,454
Forensic Services..................... 692 680 156,004
Information, Management, Automation & 569 562 166,121
Telecommunications...................
Technical Field Support & Services.... 232 229 141,642
Criminal Justice Services............. 2,171 2,182 216,957
-----------------------------
Subtotal............................ 4,667 4,637 801,178
Program Direction: Management and 2,083 2,024 193,447
Administration...........................
=============================
Total, Direct Appropriations........ 25,569 25,142 3,235,600
------------------------------------------------------------------------
The FBI is reminded that changes in this distribution are
subject to the reprogramming requirements in section 605 of
this Act.
In addition, the conference agreement includes a total of
$59,712,000 in program enhancements for the FBI, of which
$58,348,000 is for initiatives to enhance the FBI's ability
to investigate threats related to domestic terrorism and
cyber crime, as follows:
$25,000,000 is for Digital Storm and digital collection for
foreigh counter-intelligence. The FBI is directed to provide
a spending plan to the Committees on Appropriations, no later
than December 15, 2000, for Digital Storm.
$2,000,000 is for Joint Terrorism Task Forces. The FBI is
directed to provide a report and spending plan to the
Committees on Appropriations, no later than December 15,
2000, on this program.
$10,000,000 is for intelligence gathering and analysis, of
which $1,305,000 (24 positions and 12 FTE) is for FISA
preparation; $5,606,000 is for contract translation services;
and $3,089,000 (55 positions and 28 FTE) is for intelligence
research specialists. The conference agreement does not adopt
the recommendation included in the Senate report to require
the conversion of special agents to 55 intelligence research
specialists. While the conference agreement does provide an
enhancement for this activity, the FBI is directed to use
attrition to convert support positions to intelligence
research specialist positions to meet additional requirements
in this area.
$20,000,000 is for other activities, of which the FBI may
spend up to $1,364,000 for National Integrated Ballistics
Network (NIBIN) Connectivity; $3,700,000 (26 positions and 13
FTE) for a counterintelligence initiative; $3,936,000 for the
Automated Computer Examination System (ACES) and Computer
Analysis and Response Team equipment; $5,500,000 for the
Special Technologies and Applications Unit; and $5,500,000
for Digital Storm. Should the FBI require additional
resources to address personnel requirements, the Committees
would be willing to entertain a reprogramming under Section
605 from funding provided for these enhancements.
$612,000 (8 positions and 4 workyears, including 2 agents)
is for the Intellectual Property Rights Center, as provided
for in the House report, to improve intelligence and analysis
related to intellectual property. The reporting requirement
included in Senate report regarding copyright enforcement is
adopted by reference.
$2,100,000 is for implementation of the Communications
Assistance for Law Enforcement Act (CALEA), for a total of
not less than $17,300,000 within the FBI to be used for this
purpose. The conference agreement adopts the direction in the
House report that the Department and the FBI remain focused
on the timely implementation of CALEA, and therefore the
Department of Justice is directed to submit a reorganization
proposal to address coordination of CALEA implementation and
other related electronic surveillance issues no later than
November 15, 2000. This reorganization is expected to ensure
continued coordination between the Department and the FBI on
all matters involving CALEA implementation, as well as to
ensure prioritization of financial and personnel resources
required for a continued and sustained implementation effort.
National Instant Check System (NICS).--The conference
agreement includes $67,735,000 in direct appropriations to
continue operations of the NICS, as well as to provide system
enhancements, including funds for ``hot'' backup for the
Interstate Identification Index (III) and other system
availability improvements.
The fiscal year 2001 budget request for the FBI included no
direct funding for the NICS, and instead proposed to finance
the costs of this system through a user fee. The conference
agreement includes a provision under Title VI of this Act
which prohibits the FBI from charging a fee for NICS checks,
and instead provides funding to the FBI for its costs to
operate the NICS.
FBI Technology Upgrade Plan.--The conference agreement
includes total funding of $100,700,000, 14 positions and 7
FTE, for this initiative (previously referred to as the
Information Sharing Initiative/e-FBI). This amount is to be
derived from $80,000,000 made available in prior years, and
$20,700,000 in fiscal year 2001 base funding. The House bill
proposed a total of $139,344,000 for this initiative, to be
derived from $80,000,000 in prior year funds, $20,000,000 in
fiscal year 2001 base funds, and $39,344,000 in fiscal year
2001 program increases. The Senate-reported amendment
proposed a total of $40,000,000 for this initiative, to be
derived from prior year funds, and eliminated $20,000,000 in
fiscal year 2001 base funding for this activity. The
conference agreement does not include the rescission of
$40,000,000 in prior year funds for these activities as
proposed under Title VII of the Senate-reported amendment.
The conference agreement approves the plan dated September
2000, entitled ``FBI Technology Upgrade Plan, Reprioritized
Three Year Implementation Plan.'' Therefore, the conference
agreement includes the full amount necessary for year one
costs as identified on page 47 of the September 2000
implementation plan. The FBI is directed to provide quarterly
status reports to the Committees on implementation of this
plan, including funding obligations, with the first such
report due no later than February 15, 2001.
[[Page H12450]]
National Infrastructure Protection/Computer Analysis
Response Teams (CART).--The FBI is directed to convert 14
part-time positions for Computer Analysis Response Teams
(CART) examiners to full-time positions from personnel not
currently assigned to computer intrusion/infrastructure
protection squads, similar to direction included in the
Senate report. The conference agreement also adopts the
direction included in the Senate report regarding training,
promotion and retention of CART members and computer
intrusion/infrastructure protection squads. The Senate
direction regarding development of a cadre of computer
experts from other agencies and the private sector is adopted
by reference.
Victim/Witness Specialists.--The conference agreement
includes a new general provision under Title I of this Act
authorizing funds to be provided to the FBI to improve
services for crime victims from the Crime Victims Fund. These
services are to be limited to victim assistance as described
in the Victims of Crime Act and shall not cover non-victim
witness activities such as witness protection or non-victim
witness management services, paralegal duties or community
outreach. The FBI is further directed to work with the Office
of Victims of Crime (OVC) in developing position
descriptions, grade level and hiring requirements, training
and annual reporting requests for these specialists. The
conference agreement assumes $7,400,000 will be needed to
support 112 victim/witness specialists to be distributed as
directed in the Senate report. The Committees on
Appropriations expect to be notified of the final
distribution of these specialists.
Other.--The Senate report language regarding copyright
enforcement, continued collaboration with the Southwest
Surety Institute, the Northern New Mexico anti-drug
initiative, mitochondrial DNA, crimes against children, and
background checks for school bus drivers is adopted by
reference. The conference agreement also adopts by reference
the House report language regarding the Housing Fraud
Initiative, the Jewelry and Gem program, and submission of a
comprehensive information technology report.
In addition, the FBI is directed to fully reimburse the
private ambulance providers for their costs in support of
Hostage Rescue Team operations in St. Martin Parish,
Louisiana, in December, 1999.
In addition to identical provisions that were included in
both the House bill and the Senate-reported amendment, the
conference agreement includes a provision, modified from
language proposed in the House bill, providing not to exceed
25,569 positions and 25,142 FTE for the FBI from funds
appropriated in this Act. The Senate-reported amendment did
not include a similar provision.
construction
The conference agreement includes $16,687,000 in direct
appropriations for construction for the Federal Bureau of
Investigation (FBI), instead of $1,287,000 as proposed in the
House bill, and $42,687,000 as proposed in the Senate-
reported amendment. The agreement provides an increase of
$15,400,000 over the fiscal year 2000 level for the FBI
Academy firearms range modernization project, as follows:
$1,900,000 for relocation and consolidation of an ammunition
storage facility and for lead abatement at existing outdoor
ranges; and $13,500,000 for completion of Phase I and Phase
II of this project.
Drug Enforcement Administration
salaries and expenses
The conference agreement includes $1,363,309,000 for the
Drug Enforcement Administration (DEA) Salaries and Expenses
account, instead of $1,362,309,000 as proposed in the House
bill, and $1,345,655,000 as proposed in the Senate-reported
amendment. In addition, $83,543,000 is derived from the
Diversion Control Fund for diversion control activities. The
following narrative reflects how the funds provided in the
conference agreement are to be spent.
Budget and Financial Management.--The conference agreement
adopts by reference the concerns and direction included in
both the House and Senate reports regarding budget and
financial management. The conference agreement also includes
a provision that identifies the funded position and FTE
levels provided in the bill, which are consistent with the
full base funding requested and program increases provided in
the conference agreement.
The following table represents funding provided under this
account:
DEA SALARIES AND EXPENSES
[In thousands of dollars]
------------------------------------------------------------------------
Activity Pos. FTE Amount
------------------------------------------------------------------------
Enforcement:
Domestic Enforcement.................... 2,252 2,183 $407,261
Foreign Cooperative Investigation....... 732 699 206,644
Drug and Chemical Diversion............. 142 143 16,156
State and Local Task Forces............. 1,678 1,675 242,257
-----------------------------
Subtotal.............................. 4,804 4,700 872,318
=============================
Investigative Support:
Intelligence............................ 883 900 112,904
Laboratory Services..................... 381 378 44,463
Training................................ 99 98 20,309
RETO.................................... 355 353 85,190
ADP..................................... 133 130 140,479
-----------------------------
Subtotal.............................. 1,851 1,859 403,345
Management and Administration........... 865 853 87,646
=============================
Total, DEA............................ 7,520 7,412 1,363,309
------------------------------------------------------------------------
DEA is reminded that any deviation from the above
distribution is subject to the reprogramming requirements of
section 605 of this Act.
The conference agreement provides a net increase of
$43,616,000 for base adjustments, as follows: increases
totaling $48,293,000 for pay and other inflationary costs to
maintain current operations, offset by decreases totaling
$4,677,000 for costs associated with one-time and non-
recurring equipment purchases, GSA rent decreases, and the
transfer of funding for a demand reduction project to the
Office of Justice Programs.
In addition, the conference agreement includes program
increases totaling $64,200,000, as follows:
Investigative and Intelligence Requirements.--$48,100,000
is provided for the following investigative and intelligence
enhancements:
$3,100,000, 19 positions (11 agents) and 9 FTE within
Domestic Enforcement for the Special Operations Division
(SOD) to expand support for the Southwest Border Initiative
and to address money laundering and financial investigations.
$43,000,000, 2 positions and 1 FTE within Automated Data
Processing to continue deployment of Phase II of FIREBIRD.
When combined with $44,870,000 in existing base resources, a
total of $87,870,000 is available for this program in fiscal
year 2001 to enable FIREBIRD to be fully deployed to all
domestic offices and Western Hemisphere offices. Of this
amount, $28,000,000 is for deployment, $10,477,000 is for
technology renewal, and $49,393,000 is for operations and
maintenance and telecommunications costs. DEA is directed to
continue to provide quarterly FIREBIRD status and obligation
reports to the Committees on Appropriations.
$2,000,000 within Intelligence, of which $1,800,000 is for
enhancements to the El Paso Intelligence Center (EPIC), and
$200,000 is to meet expanded participation in the National
Drug Pointer Index (NDPIX) information system. The House
direction regarding a comprehensive report on participation
and utilization of EPIC is adopted by reference.
Domestic Enhancements.-- $14,600,000 is provided for the
following domestic counter-drug enhancements:
$4,600,000, 25 positions (15 agents) and 13 FTE within
Domestic Enforcement to establish an additional Regional
Enforcement Team (RET). This amount, when combined with
existing base resources, provides a total of $24,195,000 for
RETS in fiscal year 2001.
$1,500,000, 14 positions (9 agents) and 7 FTE within
Domestic Enforcement to enhance heroin enforcement, providing
a total of $30,291,000 in fiscal year 2001 for this effort,
as recommended in the Senate report. The Senate direction
regarding black tar heroin is adopted by reference.
$1,500,000 within Domestic Enforcement to enhance
methamphetamine enforcement, providing a total of $27,459,000
in fiscal year 2001 for this effort, as recommended in the
Senate report.
$1,000,000 within State and Local Task Forces to enhance
State and local methamphetamine training activities, as
recommended in the Senate report.
$6,000,000 within Research, Engineering and Technical
Operations (RETO) to procure three additional single-engine
helicopters for drug enforcement activities along the
Southwest border.
In addition, the conference agreement includes a total of
$20,000,000 under the Community Oriented Policing Services
Methamphetamine/Drug ``Hot Spots'' program to assist State
and local law enforcement agencies with the costs associated
with methamphetamine clean-up.
Budget and Financial Management.--$1,500,000, 8 positions
and 4 FTE within Program Management and Administration to
improve DEA's financial and resource management oversight,
including funds to support DEA's Federal Financial System and
for additional staffing for Finance and Resource Management.
Other.--The conference agreement includes a total of
$20,000,000 for the special investigative unit (SIU) program.
Within the amount available, DEA may establish a joint
Haitian/Dominican Republic SIU on the island of Hispaniola.
DEA is reminded that the Committees on Appropriations are to
be notified in accordance with section 605 of this Act prior
to the expansion of this program to any additional countries.
There are continued concerns about endemic corruption within
the Mexico SIU program which has severely limited its
effectiveness. DEA is directed to report to the Committees on
Appropriations no later than February 1, 2001, on progress
made in resolving these problems and recommendations to make
the Mexico program effective.
The conference agreement adopts by reference the direction
included in the House report regarding continued
participation in the HIDTA program, quarterly reports on
source and transit countries, quarterly reports on
implementation of the Caribbean initiative, and a report on
requirements in the region. The conference agreement does not
include funding under DEA for continuation of the demand
reduction initiative recommended in the House report, but has
instead transferred base funding for this program from DEA
Domestic Enforcement to the Office of Justice Programs. DEA
is also directed to better coordinate its operations with
other Federal agencies, including INS and the FBI, along the
Southwest Border, and to pursue co-location of offices
whenever practical. The direction included in the Senate
report regarding DEA's presence in Chile is adopted by
reference. Within the amounts
[[Page H12451]]
provided under this account, DEA may use up to $500,000 for a
study on methods to eliminate the effectiveness of anhydrous
ammonia in methamphetamine production, as authorized.
Drug Diversion Control Fee Account.--The conference
agreement provides $83,543,000 for DEA's Drug Diversion
Control Program for fiscal year 2001, as provided in the
House bill and the Senate-reported amendment. This amount
includes an increase of $3,213,000 for adjustments to base,
including the annualization of 25 positions provided in
fiscal year 2000 for customer service improvements and drug
data analysis. The conference agreement assumes that the
level of balances in the Fee Account are sufficient to fully
support diversion control programs in fiscal year 2001. As
was the case in fiscal years 1999 and 2000, no funds are
provided in the DEA Salaries and Expenses appropriation for
this account in fiscal year 2001.
The conference agreement includes bill language, modified
from language proposed in the House bill, providing not to
exceed 7,520 positions and 7,412 FTE for DEA from funds
provided in this Act. The Senate-reported amendment did not
include a similar provision.
construction
The conference agreement includes no new funding for this
account as proposed in the Senate-reported amendment, instead
of $5,500,000 as proposed in the House bill. A total of
$19,500,000 in prior year carryover balances is available to
fund planned fiscal year 2001 expenditures.
Immigration and Naturalization Service
salaries and expenses
The conference agreement includes $3,125,876,000 for the
salaries and expenses of the Immigration and Naturalization
Service (INS), instead of $3,121,213,000 as provided in the
House bill, and $2,895,397,000 as provided in the Senate-
reported amendment. In addition to the amounts appropriated,
the conference agreement assumes that $1,549,480,000 will be
available from offsetting fee collections instead of
$1,438,812,000 as proposed by the House and $1,524,771,000 as
proposed by the Senate. Thus, including resources provided
under the Construction account, the conference agreement
provides a total operating level of $4,808,658,000 for INS,
instead of $4,670,689,000 as proposed by the House and
$4,553,470,000 as proposed by the Senate, representing a
$548,242,000 (13%) increase over fiscal year 2000. The
following narrative reflects how funds provided in the
conference agreement are to be spent.
INS Organization and Management.--The conference agreement
incorporates concerns expressed in the House report that a
lack of resources is no longer an acceptable response to
INS's inability to adequately address its mission
responsibilities. The conference agreement includes the
establishment of clearer chains of command--one for
enforcement activities and one for services to non-citizens--
as one step towards making the INS a more efficient,
accountable, and effective agency. Consistent with the
concept of separating immigration enforcement from services,
the conference agreement continues to provide for a
separation of funds, as in the fiscal year 1999 and 2000
Appropriations Acts. The conference agreement separates funds
into two accounts, as requested in the budget and proposed in
the House bill: Enforcement and Border Affairs, and
Citizenship and Benefits, Immigration Support and Program
Direction. INS enforcement funds are provided in the
Enforcement and Border Affairs account. All immigration-
related benefits and naturalization, support and program
resources are provided in the Citizenship and Benefits,
Immigration Support and Program Direction account. Neither
account includes revenues generated in various fee accounts
to fund program activities for both enforcement and services
functions, which are in addition to the appropriated funds
and are discussed below. Funds for INS construction projects
continue to be provided in the INS Construction account.
The conference agreement includes bill language which
provides authority for the Attorney General to transfer funds
from one account to another in order to ensure that funds are
properly aligned. Such transfers may occur notwithstanding
any transfer limitations imposed under this Act but such
transfers are still subject to the reprogramming requirements
under Section 605 of this Act. It is expected that any
request for transfer of funds will remain within the
activities under those headings.
The conference agreement includes $2,547,057,000 for
Enforcement and Border Affairs, and $578,819,000 for
Citizenship and Benefits, Immigration Support and Program
Direction.
Base adjustments.--The conference agreement provides a
total increase of $101,008,000 and 641 FTE for adjustments to
base for INS salaries and expenses, offset by a $89,000,000
and 404 FTE transfer to the INS Exams Fees account for the
naturalization and backlog reduction initiatives, as proposed
in the budget request. The conference agreement does not
include transfers to the Exams Fees account, the Breached/
Bond Detention account, and the Justice Prisoner Alien
Transportation System (JPATS) Fund, as proposed in the
Senate-reported amendment.
For the Enforcement and Border Affairs account, the
conference agreement provides an increase of $86,255,000 and
889 FTE for pay and inflationary adjustments for Border
Patrol, Investigations, Detention and Deportation, and
Intelligence. This represents the full amount requested less
$11,770,000 for the annualization of border patrol agents not
yet hired, and $3,343,000 for the portion of the fiscal year
2000 annualized pay raise which has already been paid in the
current fiscal year. Funds have not been included for the
proposed increase in the journeyman level for border patrol
agents and immigration inspectors.
For the Citizenship and Benefits, Immigration Support and
Program Direction account, the conference agreement includes
an increase of $14,752,000 for pay and inflationary
adjustments for the existing activities of Citizenship and
Benefits, Immigration Support, and Management and
Administration; offset by a transfer of $89,000,000 in
naturalization and backlog reduction activities to the Exams
Fees account, as proposed in the budget. The amount provided
for base adjustments represents the full amount requested
less $690,000 for the portion of the fiscal year 2000
annualized pay raise which has already been paid in the
current fiscal year. In addition, $35,000,000 is continued
within the base to support naturalization and other benefits
processing backlog reduction activities.
None of these amounts include offsetting fees, which are
used to fund both enforcement and services functions.
In addition, program increases totaling $222,768,000 are
provided, as follows:
Border Control and Management.--$100,612,000 is provided
for additional border patrol staffing, technology, land
border inspections, and Joint Terrorism Task Forces, as
follows:
$52,000,000, 430 positions and 215 FTE, are for new border
patrol agents. It is noted that again in fiscal years 1999
and 2000, the INS has failed to hire the 1,000 new border
patrol agents provided in each of those years. Should the INS
be unable to recruit the required agents again in fiscal year
2001, the INS is to submit a reprogramming in accordance with
section 605 of this Act, prior to expenditure of the funds
provided for the hiring of border patrol agents for any other
purpose.
While some level of border control is being witnessed on
parts of the Southwest border, particularly in San Diego, as
a result of increased border patrol agents and technology, in
other areas of the country border control remains a growing
problem, particularly in the Northwest, Southeast, and other
areas of the Southwest border. The House report language
regarding consultation and submission of a deployment plan
for new border patrol agents and direction in the House
report regarding quarterly hiring status reports are adopted
by reference. Senate report language prohibiting the transfer
of any border patrol agents or technology from the Northwest
border to the Southwest border is also adopted by reference.
$33,835,000 is for additional border patrol equipment and
technology, for the following activities:
|
Add to del.icio.us