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House of Representatives
(House of Representatives - August 05, 1999)
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House of Representatives
DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2000
The SPEAKER. Pursuant to House Resolution 273 and rule XVIII, the
Chair declares the House in the Committee of the Whole House on the
State of the Union for the further consideration of the bill, H.R.
2670.
{time} 1350
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the further consideration of
the bill (
H.R. 2670) making appropriations for the Departments of
Commerce, Justice, and State, the Judiciary, and related agencies for
the fiscal year ending September 30, 2000, and for other purposes, with
Mr. Hastings of Washington in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. When the Committee of the Whole House rose on
Wednesday, August 4, 1999, the amendment offered by the gentleman from
Oklahoma (Mr. Coburn) had been disposed of and the bill was open for
amendment from page 47 line 6 through page 48 line 5.
Are there further amendments to this portion of the bill?
If not, the Clerk will read.
The Clerk read as follows:
In addition, for expenses to collect and publish statistics
for other periodic censuses and programs provided for by law,
$142,320,000, to remain available until expended.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the
National Telecommunications and Information Administration
(NTIA), $10,940,000, to remain available until expended:
Provided, That, notwithstanding 31 U.S.C. 1535(d), the
Secretary of Commerce shall charge Federal agencies for costs
incurred in spectrum management, analysis, and operations,
and related services and such fees shall be retained and used
as offsetting collections for costs of such spectrum
services, to remain available until expended: Provided
further, That hereafter, notwithstanding any other provision
of law, NTIA shall not authorize spectrum use or provide any
spectrum functions pursuant to the NTIA Organization Act, 47
U.S.C. 902-903, to any Federal entity without reimbursement
as required by NTIA for such spectrum management costs, and
Federal entities withholding payment of such cost shall not
use spectrum: Provided further, That the Secretary of
Commerce is authorized to retain and use as offsetting
collections all funds transferred, or previously transferred,
from other Government agencies for all costs incurred in
telecommunications research, engineering, and related
activities by the Institute for Telecommunication Sciences of
the NTIA, in furtherance of its assigned functions under this
paragraph, and such funds received from other Government
agencies shall remain available until expended.
public telecommunications facilities, planning and construction
For grants authorized by section 392 of the Communications
Act of 1934, as amended, $18,000,000, to remain available
until expended as authorized by section 391 of the Act, as
amended: Provided, That not to exceed $1,800,000 shall be
available for program administration as authorized by section
391 of the Act: Provided further, That, notwithstanding
section 391 of the Act, prior year unobligated balances may
be made available for grants for projects for which
applications have been submitted and approved during any
fiscal year.
information infrastructure grants
For grants authorized by section 392 of the Communications
Act of 1934, as amended, $13,000,000, to remain available
until expended as authorized by section 391 of the Act, as
amended: Provided, That not to exceed $3,000,000 shall be
available for program administration and other support
activities as authorized by section 391: Provided further,
That, of the funds appropriated herein, not to exceed 5
percent may be available for telecommunications research
activities for projects related directly to the development
of a national information infrastructure: Provided further,
That, notwithstanding the requirements of section 392(a) and
392(c) of the Act, these funds may be used for the planning
and construction of telecommunications networks for the
provision of educational, cultural, health care, public
information, public safety, or other social services:
Provided further, That notwithstanding any other provision of
law, no entity that receives telecommunications services at
preferential rates under section 254(h) of the Act (47 U.S.C.
254(h)) or receives assistance under the regional information
sharing systems grant program of the Department of Justice
under part M of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796h) may use funds under a
grant under this heading to cover any costs of the entity
that would otherwise be covered by such preferential rates or
such assistance, as the case may be.
Patent and Trademark Office
salaries and expenses
For necessary expenses of the Patent and Trademark Office
provided for by law, including defense of suits instituted
against the Commissioner of Patents and Trademarks,
$735,538,000, to remain available until expended: Provided,
That of this amount, $735,538,000 shall be derived from
offsetting collections assessed and collected pursuant to 15
U.S.C. 1113 and 35 U.S.C. 41 and 376, and shall be retained
and used for necessary expenses in this appropriation:
Provided further, That the sum herein appropriated from the
General Fund shall be reduced as such offsetting collections
are received during fiscal year 2000, so as to result in a
final fiscal year 2000 appropriation from the General Fund
estimated at $0: Provided further, That, during fiscal year
2000, should the total amount of offsetting fee collections
be less than $735,538,000, the total amounts available to the
Patent and Trademark Office shall be reduced accordingly:
Provided further, That any amount received in excess of
$735,538,000 in fiscal year 2000 shall remain available until
expended, but shall not be available for obligation until
October 1, 2000: Provided further, That not to exceed
$116,000,000 from fees collected in fiscal year 1999 shall be
made available for obligation in fiscal year 2000.
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Science and Technology
Technology Administration
under secretary for technology/office of technology policy
salaries and expenses
For necessary expenses for the Under Secretary for
Technology/Office of Technology Policy, $7,972,000.
National Institute of Standards and Technology
scientific and technical research and services
For necessary expenses of the National Institute of
Standards and Technology, $280,136,000, to remain available
until expended, of which not to exceed $282,000 may be
transferred to the ``Working Capital Fund''.
industrial technology services
For necessary expenses of the Manufacturing Extension
Partnership of the National Institute of Standards and
Technology, $99,836,000, to remain available until expended:
Provided, That none of the funds provided under this heading
may be provided for Federal financial assistance to a
Regional Center for the Transfer of Manufacturing Technology
(``Center''), beyond six years at a rate in excess of one-
third of the Center's total annual costs or the level of
funding in the sixth year, whichever is less, subject before
any renewal to a positive evaluation of the Center through an
independent review.
construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation of
existing facilities, not otherwise provided for the National
Institute of Standards and Technology, as authorized by 15
U.S.C. 278c-278e, $56,714,000, to remain available until
expended: Provided, That of the amounts provided under this
heading, $44,916,000 shall be available for obligation and
expenditure only after submission of a plan for the
expenditure of these funds, in accordance with section 605 of
this Act.
Mr. ROGERS (during the reading). Mr. Chairman, I ask unanimous
consent that the bill through page 53 line 13 be considered as read,
printed in the Record, and open to amendment at any point.
The CHAIRMAN. Is there objection to the request of the gentleman from
Kentucky?
There was no objection.
The CHAIRMAN. Are there amendments to this portion of the bill?
If not, the Clerk will read.
The Clerk read as follows:
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfers of funds)
For necessary expenses of activities authorized by law for
the National Oceanic and Atmospheric Administration,
including maintenance, operation, and hire of aircraft; not
to exceed 250 commissioned officers on the active list as of
September 30, 2000; grants, contracts, or other payments to
nonprofit organizations for the purposes of conducting
activities pursuant to cooperative agreements; and relocation
of facilities as authorized by 33 U.S.C. 883i;
$1,477,738,000, to remain available until expended: Provided,
That fees and donations received by the National Ocean
Service for the management of the national marine sanctuaries
may be retained and used for the salaries and expenses
associated with those activities, notwithstanding 31 U.S.C.
3302: Provided further, That in addition, $67,226,000 shall
be derived by transfer from the fund entitled ``Promote and
Develop Fishery Products and Research Pertaining to American
Fisheries'': Provided further, That grants to States pursuant
to sections 306 and 306A of the Coastal Zone Management Act
of 1972, as amended, shall not exceed $2,000,000: Provided
further, That, of the $1,621,616,000 provided for in direct
obligations under this heading (of which $1,477,738,000 is
appropriated from the General Fund, $71,226,000 is provided
by transfer, $34,000,000 is derived from fees, if enacted
into law, and $38,652,000 is derived from unobligated
balances and deobligations from prior years), $235,900,000
shall be for the National Ocean Service, $350,545,000 shall
be for the National Marine Fisheries Service, $260,560,000
shall be for Oceanic and Atmospheric Research, $599,196,000
shall be for the National Weather Service, $100,656,000 shall
be for the National Environmental Satellite, Data, and
Information Service, $57,594,000 shall be for Program
Support, $7,000,000 shall be for Fleet Maintenance, and
$10,165,000 shall be for Facilities Maintenance: Provided
further, That not to exceed $31,439,000 shall be expended for
Executive Direction and Administration, which consists of the
Offices of the Under Secretary, the Executive Secretariat,
Policy and Strategic Planning, International Affairs,
Legislative Affairs, Public Affairs, Sustainable Development,
the Chief Scientist, and the General Counsel: Provided
further, That the aforementioned offices, excluding the
Office of the General Counsel, shall not be augmented by
personnel details, temporary transfers of personnel on either
a reimbursable or nonreimbursable basis or any other type of
formal or informal transfer or reimbursement of personnel or
funds on either a temporary or long-term basis above the
level of 33 personnel: Provided further, That no general
administrative charge shall be applied against any assigned
activity included in this Act and, further, that any direct
administrative expenses applied against assigned activities
shall be limited to five percent of the funds provided for
that assigned activity: Provided further, That any use of
deobligated balances of funds provided under this heading in
previous years shall be subject to the procedures set forth
in section 605 of this Act.
In addition, for necessary retired pay expenses under the
Retired Serviceman's Family Protection and Survivor Benefits
Plan, and for payments for medical care of retired personnel
and their dependents under the Dependents Medical Care Act
(10 U.S.C. ch. 55), such sums as may be necessary.
Amendment No. 22 Offered by Mr. Ehlers
Mr. EHLERS. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 22 offered by Mr. Ehlers:
Page 53, line 26, after the dollar amount insert
``(increased by $390,000)''.
Page 54, line 12, after the dollar amount insert
``(increased by $390,000)''.
Page 54, line 13, after the dollar amount insert
``(increased by $390,000)''.
Page 54, line 18, after the dollar amount insert
``(increased by $390,000)''.
Page 56, line 9, after the dollar amount insert ``(reduced
by $390,000)''.
Mr. EHLERS. Mr. Chairman, I offer an amendment dealing with the
problem on the Great Lakes, and I thank the chairman for all he has
done on the Great Lakes in this legislation. Notably, the committee has
funded the Great Lakes Environmental Research Laboratory at last year's
level after the administration cut it in their budget submission, and
we appreciate the chairman's action on that.
In May of this year, NOAA's National Ocean Service proposed the
elimination of 13 of 49 water level gauging stations on the Great
Lakes-St. Lawrence River system. These stations provide valuable water
level data used by several different agencies and institutions to
predict water levels and monitor water flows at specific points in the
lakes.
I am proposing an amendment that would increase NOAA's operation
budget by $390,000 to upgrade these stations and ensure that they will
continue to provide valuable research data.
Due to record-low water levels in the Great Lakes, it is more
important than ever to maintain a monitoring network for research into
the hydrologic cycles in the Great Lakes Basin.
The downsizing was prompted by the need to upgrade and automate these
stations, which NOAA claims could not be accomplished within the
existing operational budget constraints. Several agencies, including
the Army Corps of Engineers, the Environmental Protection Agency, the
Great Lakes Environmental Research Laboratories, and the International
Joint Commission, which is currently conducting a year-long study of
water levels on the Great Lakes, objected to the closure of these
stations.
Several of the affected stations provide key comparisons for the
long-term record of water levels, and many stations located in
connecting channels provide key information on water transfer between
the lakes.
Local communities would be the most severely affected by the loss of
data from stations located at upstream sites. For example, Lake Erie
water levels are most directly affected by the rate of water flow
through the Detroit and St. Clair Rivers.
This is a very important issue in the Great Lakes. I appreciate all
the chairman has done. I understand that he also looks favorably upon
this amendment. I hope that is correct, and, if so, we can bring this
debate to a rapid conclusion.
Mr. ROGERS. Mr. Chairman, I rise in support of the amendment.
Mr. Chairman, the gentleman has brought to the Committee's attention
a very important matter. We have examined the amendment and agree with
the gentleman and thank him for bringing this matter to our attention
and support the amendment.
Mr. QUINN. Mr. Chairman, I rise today in support of Mr. Ehlers'
amendment to increase funding for the National Oceanic and Atmospheric
Administration (NOAA) operations budget by $390,000. It is imperative
that the 13 National Ocean Services (NOS) water level gauging stations
upgrade their computer networks to Y2K compliance.
Sturgeon Point--the gauging station in my district--is essential. It
predicts floods in times
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H7319]]
of high water and aids navigation in times of low water on Lake Erie.
Without Sturgeon Point, and the other 12 stations, much industry and
recreation could be paralyzed in Buffalo and all of the Great Lakes
region.
The $390,000 provided to the National Ocean Service by the amendment
meets the estimated cost of upgrading the additional 13 stations. When
the new technology comes on line, NOAA estimates that operational
expenses should fall to approximately half of the current level. Using
those estimates, the system upgrades should pay for themselves in just
over five years.
Mr. Chairman, if there was ever a summer that we could see the need
for these stations, it is this one. With water levels falling from
drought and the threat of despair we can see that these stations can
aid us in getting through the heat of the summer and thaw of the
spring.
Mr. DINGELL. Mr. Chairman, I rise in strong support of the amendment
offered by my colleague and friend from Grand Rapids.
Earlier this year, the National Ocean Service proposed eliminating 13
of 49 water level gauging stations in the Great Lakes and St. Lawrence
River system due to a budget insufficient to address Y-2-K compliance
problems.
This proposal was advanced without consulting many of the
constituencies who rely on the data of this Water Level Observation
Network, including shoreline residents, local governments, recreational
and commercial fishermen, and shippers of commerce from Great Lakes
ports to points worldwide.
In my own district, two water-gauging stations were proposed for
closing: one on the Detroit River and one in Lake Erie near the City of
Monroe. WIthout these stations, other federal agencies such as the U.S.
Army Corps of Engineers, the EPA, the Fish and Wildlife Service cannot
provide needed services that support recreational uses, commercial
uses, and the ecological integrity of the Great Lakes.
Mr. Chairman, my colleague from Michigan is offering a commonsense
amendment to address a critical need for Great Lakes protections, and I
urge the House to accept it.
The CHAIRMAN. Is there further discussion on the amendment?
If not, the question is on the amendment offered by the gentleman
from Michigan (Mr. Ehlers).
The amendment was agreed to.
The CHAIRMAN. Are there further amendments to this section?
Ms. RIVERS. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I rise today not to speak to what is in the bill but
what is not in the bill. Specifically, the Advanced Technology Program.
This program was created with bipartisan support under the Bush
administration.
The Advanced Technology Program has as its basic mission to benefit
the U.S. economy by cost-sharing research within industry to foster new
and innovative technologies. The ATP invests in risky, challenging
technologies that have the potential for a big payoff for the U.S.
economy.
There have been many arguments made about the ATP over the years, but
most of them have been addressed. Unfortunately, this has not been
included in this year's appropriations, and I think it is to the
detriment of our economy and to our high-tech industries as well.
The ATP is industry driven. Its research priorities are set by
industry, not the government. For-profit companies conceive, propose,
and execute ATP projects and programs based on their understanding of
the marketplace and research opportunities. Far too often this
particular fact has either been misunderstood or misrepresented.
The ATP is not a product development program, as many people have
argued. The ATP does not fund companies to do product development, it
instead funds R to develop high-risk technology to the point where it
is feasible for companies to begin product development, but that they
must do on their own.
ATP also embodies fair competition. They are rigorous, they are fair,
and they are based entirely on technical and business merit. Too often
people argue about this program by saying the government is picking
winners and losers. That is not true. And small companies compete just
as effectively as large companies for ATP grants. Roughly half of the
ATP awards have gone to small companies or joint ventures led by a
small company. ATP is in fact a partnership. It is not a free ride for
winning companies.
Many people have argued that we can sustain this loss of funding
because tax credits can take the place of the ATP. In fact, tax credits
cannot replace ATP. R tax credits are an important policy tool for
encouraging research and innovation by industry, but they are not a
substitute for the Advanced Technology Program.
The Advanced Technology Program has been evaluated and reevaluated.
It has shown that many of the projects that have taken place would not
have been done or would not have been done in the same way or as
quickly without the ATP.
Lastly, two more issues I want to point out is that university
participation in ATP is an important aspect of the program. Out of the
352 projects selected by the ATP since its inception, 189 of the
proposals included plans to involve one or more universities. Lastly,
small businesses also participate greatly in this program.
The ATP works, Mr. Chairman, and it would be a shame for us to lose
it. This body should oppose its elimination.
Amendment Offered by Mr. Terry
Mr. TERRY. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Terry:
Page 53, line 26, after the dollar amount insert ``(reduced
by $3,000,000)''.
Page 54, line 12, after the dollar amount insert ``(reduced
by $3,000,000)''.
Page 54, line 13, after the dollar amount insert ``(reduced
by $3,000,000)''.
Page 54, line 24, after the dollar amount insert ``(reduced
by $3,000,000)''.
Page 88, line 3, after the dollar amount insert
``(increased by $2,000,000)''.
Mr. TERRY (during the reading). Mr. Chairman, I ask unanimous consent
that the amendment be considered as read and printed in the Record.
The CHAIRMAN. Is there objection to the request of the gentleman from
Nebraska?
There was no objection.
{time} 1400
Mr. TERRY. Mr. Chairman, I am pleased that my colleague from New York
(Mr. Ackerman) is a cosponsor of this amendment. We are joined by the
gentleman from North Carolina (Mr. Jones) and the gentleman from
Georgia (Mr. Barr) and others.
Our amendment addresses a situation that was first brought to my
attention by Bruce and Christine Bowen of Omaha, Nebraska. They are
parents of two Merchant Marine Academy midshipmen. As one who believes
strongly that we must do right by those who serve our country, what
they told me and showed me upset me into action. The Terry-Ackerman
amendment will help correct a problem that has been lingering for quite
some time.
The U.S. Merchant Marine Academy, located in Kings Point, New York,
is in desperate need of repair. This 55-year-old academy has been
neglected for far too long. The last 5 years it has been funded at
roughly $31 million annually, which is just enough to operate the
facility without doing any maintenance. Consequently, a backlog of
basic maintenance projects exists, totaling $20 million. This is
unacceptable. Something has to be done.
Let me tell my colleagues how serious the situation is at the
Merchant Marine Academy. The lack of maintenance has caused pipes to
explode in the library, damaging a collection of rare books. Water
pipes are so old that there are signs posted in the building ``Lead in
Drinking Water.'' The heating system is so antiquated that the
temperature in the rooms is regulated by opening all the doors and
windows.
I have some pictures here that illustrate some of what I am saying.
Mr. Chairman, the Merchant Marine Academy has become the lost son. All
of our other military academies have received or will receive
substantial sums of money for new construction or improvements. The
U.S. Military Academy at West Point received $30 million to upgrade its
cadet mess hall and will receive $75 million to build a new gym.
The U.S. Naval Academy will receive $41 million per year for the next
12 years to upgrade all of its midshipmen dorms. The Merchant Marine
Academy is not looking for a new building. It just wants those that it
has repaired.
If we demand a commitment of 10 years from the graduates of the
academy, we should make sure that they have a learning environment
conducive to that commitment.
Mr. Chairman, our amendment will begin the process of returning the
Merchant Marine Academy to the level it deserves. The amendment I am
offering
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H7320]]
now is a modification of the original version. It will provide $2
million for maintenance at the academy, enough to repair some of those
leaky roofs, under the Maritime Administration.
Before concluding, I would like to ask the gentleman from Kentucky
(Chairman Rogers) a question.
It has been the practice of the Maritime Administration to pay for
certain overhead expenses of the entire agency, including the academy.
There have been proposals to require the academy to pay portions of the
overhead costs, which could result in a loss as much as $1.8 million to
the academy.
I understand that the committee intends that all the monies provided
to the academy in fiscal year 2000 are to be used for the same
functions as was the case in fiscal year 1999. In other words, no
additional administrative expenses may be imposed on the academy by the
Department of Transportation or Maritime Administration.
I ask the gentleman, am I correct, Mr. Chairman?
Mr. ROGERS. Mr. Chairman, will the gentleman yield?
Mr. TERRY. I yield to the gentleman from Kentucky.
Mr. ROGERS. Mr. Chairman, the gentleman is correct. It is the intent
of the committee that the Maritime Administration will continue to pay
certain administrative costs related to the academy in the same fashion
as in 1999.
Mr. TERRY. Mr. Chairman, reclaiming my time, I thank the gentleman
for his comments.
Mr. Chairman, in conclusion, I urge support for this amendment.
Mr. ACKERMAN. Mr. Chairman, I rise in support of the amendment.
(Mr. ACKERMAN asked and was given permission to revise and extend his
remarks.)
Mr. ACKERMAN. Mr. Chairman, I thank the gentleman from Nebraska (Mr.
Terry) for his strong initiative.
I rise in support of the Terry-Ackerman amendment, which, as we have
heard, would add $2 million for the critical facility maintenance
program at the U.S. Merchant Marine Academy, which is located in my
district on the north shore of Long Island.
The academy plays a vital role in maintaining the economic and
national security of our country and is one of the five Federal Service
academies. Kings Point's mission is to train young men and women to
serve and to lead in our Merchant Marine, our Armed Forces, and in the
transportation field.
In times of peace, these Merchant Mariners contribute to our
international trading prosperity. In times of war, it is the Merchant
Mariners who enable our country to move troops and materiel anywhere,
anytime.
Despite rising costs over the years, the funding has remained nearly
static for each of the last 5 years. The result of this level of
funding is a real dollar budget cut for Kings Point. The 55-year-old
infrastructure is in need of millions of dollars of capital maintenance
repair projects.
Included in these projects are barracks renovation, Y2K compliance
requirements, maintenance of the 220-foot training vessel, the King's
Pointer, instructional technology and training requirements, and
improvements in waterfront renovation.
Congress has already recognized the need for additional funds for the
Merchant Marine Academy. In their report for the Defense Authorization
Bill for fiscal year 1999, the House Committee on Armed Services said
that they are ``concerned about the deteriorating material condition of
the physical plant of the midshipmen barracks at the Merchant Marine
Academy.''
They go on to say, ``The plant is antiquated and in need of
replacement before it becomes a health and safety concern to the
midshipmen and the staff.''
It is to this facility, Mr. Chairman, that, as Members of Congress,
we nominate some of the finest young men and women so that they might
study and become graduates of the academy. We must work to ensure that
the academy is safe and conducive to this training.
This funding for fiscal year 2000 will help it achieve this goal so
that the U.S. Merchant Marine Academy can achieve their mission of
providing our country with the highest quality Merchant Marine
officers.
I ask all of our colleagues to join with us in supporting this
critical amendment.
Mr. BATEMAN. Mr. Chairman, I move to strike the last word.
Mr. Chairman, as the chairman of the panel that authorizes the
funding for the Maritime Administration and under it the Merchant
Marine Academy, I rise in strong support of the amendment offered by
the gentleman from Nebraska.
The Merchant Marine Academy is one of the most distinguished higher
educational institutions in America. If we rated it in keeping with the
outstanding record of its graduates, it would be in the top 15 colleges
or universities of America. It is truly an outstanding institution.
It also is in outstanding need of long-deferred maintenance that this
amendment, at least, will contribute toward.
My panel authorized a $7-million increase for maintenance at the
Merchant Marine Academy. But I understand that the distinguished
chairman of the subcommittee that handles this in the appropriations
has not had the funding that he could do that.
I appreciate that which I understand he is willing to do to
contribute toward a building on this badly needed maintenance program.
I can only tell my colleague and forewarn him that in the next budget
submission we will see larger sums because this only begins to address
a need that is clearly identifiable and must be addressed. It has been
neglected too long.
Mr. SERRANO. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I rise in strong support of the amendment of the
gentleman. It is true that the Merchant Marine Academy has in so many
ways been totally forgotten, and the description and presentation of
the gentleman shows the problem.
So I just want to, very briefly, be supportive of the amendment but
at the same time remind us that we would accomplish helping the
Merchant Marine Academy by cutting some funds from NOAA. So I would
hope that, in the process that continues here as we go on to
conference, we can find the monies to make up the changes that we have
made. But I rise in strong support of the amendment and hope it can be
approved.
Mr. ROGERS. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I appreciate that the gentleman from Nebraska (Mr.
Terry) has worked with us and the Committee on Resources in proposing
this amendment.
I also continue to hear from alumni and families of current students
at the academy about the dire state of the facilities there. I believe
this amendment will help to address that problem, particularly to
improve the living conditions of the midshipmen.
I have no objection to the amendment and support its adoption and
commend the gentleman for his fine work.
Mr. WU. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I rise today in opposition of the Terry amendment.
While I applaud the gentleman's effort for attempting to increase
funding for the Merchant Marine Academy, the offsets that the gentleman
has proposed will be devastating to an already depleted National Marine
Fishery Service budget and thus devastating to America's rural
fishermen.
Like farmers, fishermen are a cornerstone of our country's cultural
heritage as well as our economy. The U.S. commercial and recreational
fishing industries generate more than $25 billion to our economy and
employ approximately 300,000 men and women per year.
As important as they are to our economy, many fishermen in my
district and in the Northwest are going through difficult times. Stocks
are minimal and harvest is declining. Rural fishermen in my district,
especially in towns like Astoria, Warrenton, Hammond and Clatskanie are
going through a difficult transition period as we work to rebuild
depleted stocks of salmon and steelhead. Their livelihood depends on
what they yield from the rivers and oceans.
As a country, we have recognized that through a variety of different
causes, the fish that these fishermen harvest are threatened to the
point of extinction. We have committed desperately needed resources to
help restore salmon runs and trout populations. By cutting the NMFS
budget further, we are underfunding fishermen in my state and all over
the country.
The National Marine Fishery Service works with state and local
entities to ensure the stability and restoration of our ecosystem. An
additional $14 million cut to the NMFS budget,
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H7321]]
beyond the $27 million already cut in the bill, would significantly
reduce the agency's already compromised ability to fulfill its
congressional mandates to conserve and rebuild our nation's valuable
marine fisheries and marine resources. Not funding NMFS at adequate
levels is equal to an unfunded mandate.
We have heard the rhetoric of this country's commitment to rural
Americans, and yet this is one more attack on rural America. These
rural fishermen depend on the harvest they get from their nets and
depend on NMFS to ensure that there will be a harvest for their
children. The monitoring of fish stocks that NMFS oversees is helpful
in two ways: one, if the stocks are improving, fishermen are made aware
and harvest will increase; two, if the stocks are collapsing, fishermen
are made aware and harvest will decrease, so that the remaining fish
are saved.
The gentleman's amendment strikes at the very heart of NMFS ability
to help endangered and threatened species recover. A 15% cut in
conservation and management programs and a 20% cut in endangered
species recovery programs would gut much needed assistance to rural
farmers.
I urge my colleagues to join with me in voting against the Terry
amendment.
Mr. ROGERS. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Nebraska (Mr. Terry).
The amendment was agreed to.
The CHAIRMAN. The Clerk will read.
The Clerk read, as follows:
procurement, acquisition and construction
(including transfers of funds)
For procurement, acquisition and construction of capital
assets, including alteration and modification costs, of the
National Oceanic and Atmospheric Administration,
$480,720,000, to remain available until expended: Provided,
That unexpended balances of amounts previously made available
in the ``Operations, Research, and Facilities'' account for
activities funded under this heading may be transferred to
and merged with this account, to remain available until
expended for the purposes for which the funds were originally
appropriated.
coastal zone management fund
Of amounts collected pursuant to section 308 of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1456a), not to exceed
$4,000,000, for purposes set forth in sections 308(b)(2)(A),
308(b)(2)(B)(v), and 315(e) of such Act.
promote and develop fishery products and research pertaining to
american fisheries
fisheries promotional fund
(Rescission)
All unobligated balances available in the Fisheries
Promotional Fund are rescinded: Provided, That all obligated
balances are transferred to the ``Operations, Research, and
Facilities'' account.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law
95-372, not to exceed $953,000, to be derived from receipts
collected pursuant to that Act, to remain available until
expended.
foreign fishing observer fund
For expenses necessary to carry out the provisions of the
Atlantic Tunas Convention Act of 1975, as amended (Public Law
96-339), and the Magnuson-Stevens Fishery Conservation and
Management Act of 1976, as amended (Public Law 100-627), and
the American Fisheries Promotion Act (Public Law 96-561), to
be derived from the fees imposed under the foreign fishery
observer program authorized by these Acts, not to exceed
$189,000, to remain available until expended.
fisheries finance program account
For the cost of direct loans, $238,000, as authorized by
the Merchant Marine Act of 1936, as amended: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act
of 1974: Provided further, That none of the funds made
available under this heading may be used for direct loans for
any new fishing vessel that will increase the harvesting
capacity in any United States fishery.
General Administration
salaries and expenses
For expenses necessary for the general administration of
the Department of Commerce provided for by law, including not
to exceed $3,000 for official entertainment, $30,000,000.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended (5 U.S.C. App. 1-11 as amended by Public
Law 100-504), $22,000,000.
General Provisions--Department of Commerce
Sec. 201. During the current fiscal year, applicable
appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to
the extent and in the manner prescribed by the Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advanced
payments not otherwise authorized only upon the certification
of officials designated by the Secretary of Commerce that
such payments are in the public interest.
Sec. 202. During the current fiscal year, appropriations
made available to the Department of Commerce by this Act for
salaries and expenses shall be available for hire of
passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344; services as authorized by 5 U.S.C. 3109; and uniforms
or allowances therefore, as authorized by law (5 U.S.C. 5901-
5902).
Sec. 203. None of the funds made available by this Act may
be used to support the hurricane reconnaissance aircraft and
activities that are under the control of the United States
Air Force or the United States Air Force Reserve.
Sec. 204. None of the funds provided in this or any
previous Act, or hereinafter made available to the Department
of Commerce, shall be available to reimburse the Unemployment
Trust Fund or any other fund or account of the Treasury to
pay for any expenses authorized by section 8501 of title 5,
United States Code, for services performed by individuals
appointed to temporary positions within the Bureau of the
Census for purposes relating to the decennial censuses of
population.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Commerce in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
Sec. 206. (a) Should legislation be enacted to dismantle or
reorganize the Department of Commerce, or any portion
thereof, the Secretary of Commerce, no later than 90 days
thereafter, shall submit to the Committees on Appropriations
of the House of Representatives and the Senate a plan for
transferring funds provided in this Act to the appropriate
successor organizations: Provided, That the plan shall
include a proposal for transferring or rescinding funds
appropriated herein for agencies or programs terminated under
such legislation: Provided further, That such plan shall be
transmitted in accordance with section 605 of this Act.
(b) The Secretary of Commerce or the appropriate head of
any successor organization(s) may use any available funds to
carry out legislation dismantling or reorganizing the
Department of Commerce, or any portion thereof, to cover the
costs of actions relating to the abolishment, reorganization,
or transfer of functions and any related personnel action,
including voluntary separation incentives if authorized by
such legislation: Provided, That the authority to transfer
funds between appropriations accounts that may be necessary
to carry out this section is provided in addition to
authorities included under section 205 of this Act: Provided
further, That use of funds to carry out this section shall be
treated as a reprogramming of funds under section 605 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
Sec. 207. Any costs incurred by a Department or agency
funded under this title resulting from personnel actions
taken in response to funding reductions included in this
title or from actions taken for the care and protection of
loan collateral or grant property shall be absorbed within
the total budgetary resources available to such Department or
agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry
out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use of
funds to carry out this section shall be treated as a
reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
Sec. 208. The Secretary of Commerce may award contracts for
hydrographic, geodetic, and photogrammetric surveying and
mapping services in accordance with title IX of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
541 et seq.).
Sec. 209. The Secretary of Commerce may use the Commerce
franchise fund for expenses and equipment necessary for the
maintenance and operation of such administrative services as
the Secretary determines may be performed more advantageously
as central services, pursuant to section 403 of Public Law
103-356: Provided, That any inventories, equipment, and other
assets pertaining to the services to be provided by such
fund, either on hand or on order, less the related
liabilities or unpaid obligations, and any appropriations
made for the purpose of providing capital shall be used to
capitalize such fund: Provided further, That such fund shall
be paid in advance from funds available to the Department and
other Federal agencies for which such centralized services
are performed, at rates which will return in full all
expenses of operation, including accrued leave, depreciation
of fund plant and equipment, amortization of automated data
processing (ADP) software and systems (either acquired or
donated), and an amount necessary to maintain a reasonable
operating reserve, as determined by the Secretary: Provided
further, That such fund shall provide services on a
competitive basis: Provided further, That an amount not to
exceed
[[Page
H7322]]
4 percent of the total annual income to such fund may be
retained in the fund for fiscal year 2000 and each fiscal
year thereafter, to remain available until expended, to be
used for the acquisition of capital equipment, and for the
improvement and implementation of Department financial
management, ADP, and other support systems: Provided further,
That such amounts retained in the fund for fiscal year 2000
and each fiscal year thereafter shall be available for
obligation and expenditure only in accordance with section
605 of this Act: Provided further, That no later than 30 days
after the end of each fiscal year, amounts in excess of this
reserve limitation shall be deposited as miscellaneous
receipts in the Treasury: Provided further, That such
franchise fund pilot program shall terminate pursuant to
section 403(f) of Public Law 103-356.
This title may be cited as the ``Department of Commerce and
Related Agencies Appropriations Act, 2000''.
Mr. ROGERS (during the reading). Mr. Chairman, I ask unanimous
consent that the remainder of title II be considered as read, printed
in the Record, and open to amendment at any point.
The CHAIRMAN. Is there objection to the request of the gentleman from
Kentucky?
There was no objection.
The CHAIRMAN. Are there amendments to that portion of the bill?
If not, the Clerk will read.
The Clerk read as follows:
TITLE III--THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme
Court, as required by law, excluding care of the building and
grounds, including purchase or hire, driving, maintenance,
and operation of an automobile for the Chief Justice, not to
exceed $10,000 for the purpose of transporting Associate
Justices, and hire of passenger motor vehicles as authorized
by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for
official reception and representation expenses; and for
miscellaneous expenses, to be expended as the Chief Justice
may approve, $35,041,000.
care of the building and grounds
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
the Architect by the Act approved May 7, 1934 (40 U.S.C. 13a-
13b), $6,872,000, of which $3,971,000 shall remain available
until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of the chief judge, judges, and other officers
and employees, and for necessary expenses of the court, as
authorized by law, $16,101,000.
United States Court of International Trade
salaries and expenses
For salaries of the chief judge and 8 judges, salaries of
the officers and employees of the court, services as
authorized by 5 U.S.C. 3109, and necessary expenses of the
court, as authorized by law, $11,804,000.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of circuit and district judges (including
judges of the territorial courts of the United States),
justices and judges retired from office or from regular
active service, judges of the United States Court of Federal
Claims, bankruptcy judges, magistrate judges, and all other
officers and employees of the Federal Judiciary not otherwise
specifically provided for, and necessary expenses of the
courts, as authorized by law, $2,934,138,000 (including the
purchase of firearms and ammunition); of which not to exceed
$13,454,000 shall remain available until expended for space
alteration projects; and of which not to exceed $10,000,000
shall remain available until expended for furniture and
furnishings related to new space alteration and construction
projects.
In addition, for expenses of the United States Court of
Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986, not to exceed
$2,138,000, to be appropriated from the Vaccine Injury
Compensation Trust Fund.
In addition, for activities of the Federal Judiciary as
authorized by law, $156,539,000, to remain available until
expended, which shall be derived from the Violent Crime
Reduction Trust Fund, as authorized by section 190001(a) of
Public Law 103-322, and sections 818 and 823 of Public Law
104-132.
defender services
For the operation of Federal Public Defender and Community
Defender organizations; the compensation and reimbursement of
expenses of attorneys appointed to represent persons under
the Criminal Justice Act of 1964, as amended; the
compensation and reimbursement of expenses of persons
furnishing investigative, expert and other services under the
Criminal Justice Act (18 U.S.C. 3006A(e)); the compensation
(in accordance with Criminal Justice Act maximums) and
reimbursement of expenses of attorneys appointed to assist
the court in criminal cases where the defendant has waived
representation by counsel; the compensation and reimbursement
of travel expenses of guardians ad litem acting on behalf of
financially eligible minor or incompetent offenders in
connection with transfers from the United States to foreign
countries with which the United States has a treaty for the
execution of penal sentences; and the compensation of
attorneys appointed to represent jurors in civil actions for
the protection of their employment, as authorized by 28
U.S.C. 1875(d), $361,548,000, to remain available until
expended as authorized by 18 U.S.C. 3006A(i).
In addition, for activities of the Federal Judiciary as
authorized by law, $26,247,000, to remain available until
expended, which shall be derived from the Violent Crime
Reduction Trust Fund, as authorized by section 19001(a) of
Public Law 103-322, and sections 818 and 823 of Public Law
104-132.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as
authorized by 28 U.S.C. 1863; and compensation of
commissioners appointed in condemnation cases pursuant to
rule 71A(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71A(h)), $63,400,000, to remain
available until expended: Provided, That the compensation of
land commissioners shall not exceed the daily equivalent of
the highest rate payable under section 5332 of title 5,
United States Code.
court security
For necessary expenses, not otherwise provided for,
incident to the procurement, installation, and maintenance of
security equipment and protective services for the United
States Courts in courtrooms and adjacent areas, including
building ingress-egress control, inspection of packages,
directed security patrols, and other similar activities as
authorized by section 1010 of the Judicial Improvement and
Access to Justice Act (Public Law 100-702), $190,029,000, of
which not to exceed $10,000,000 shall remain available until
expended for security systems, to be expended directly or
transferred to the United States Marshals Service, which
shall be responsible for administering elements of the
Judicial Security Program consistent with standards or
guidelines agreed to by the Director of the Administrative
Office of the United States Courts and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel
as authorized by 31 U.S.C. 1345, hire of a passenger motor
vehicle as authorized by 31 U.S.C. 1343(b), advertising and
rent in the District of Columbia and elsewhere, $54,500,000,
of which not to exceed $7,500 is authorized for official
reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $17,716,000; of which
$1,800,000 shall remain available through September 30, 2001,
to provide education and training to Federal court personnel;
and of which not to exceed $1,000 is authorized for official
reception and representation expenses.
Judicial Retirement Funds
payment to judiciary trust funds
For payment to the Judicial Officers' Retirement Fund, as
authorized by 28 U.S.C. 377(o), $29,500,000; to the Judicial
Survivors' Annuities Fund, as authorized by 28 U.S.C. 376(c),
$8,000,000; and to the United States Court of Federal Claims
Judges' Retirement Fund, as authorized by 28 U.S.C. 178(l),
$2,200,000.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, United States Code,
$8,500,000, of which not to exceed $1,000 is authorized for
official reception and representation expenses.
General Provisions--The Judiciary
Sec. 301. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in
this Act may be transferred between such appropriations, but
no such appropriation, except ``Courts of Appeals, District
Courts, and Other Judicial Services, Defender Services'' and
``Courts of Appeals, District Courts, and Other Judicial
Services, Fees of Jurors and Commissioners'', shall be
increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this section shall be
treated as a reprogramming of funds under section 605 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
Sec. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for district courts,
courts of appeals, and other judicial services shall be
available for official reception and representation expenses
of the Judicial Conference of the United States: Provided,
That such available funds shall not exceed $10,000 and shall
be administered by the Director of the Administrative Office
of the United States
[[Page
H7323]]
Courts in the capacity as Secretary of the Judicial
Conference.
This title may be cited as the ``Judiciary Appropriations
Act, 2000''.
Mr. ROGERS (during the reading). Mr. Chairman, I ask unanimous
consent that the remainder of title III be considered as read, printed
in the Record, and open to amendment at any point.
The CHAIRMAN. Is there objection to the request of the gentleman from
Kentucky?
There was no objection.
The CHAIRMAN. Are there any amendments to that portion of the bill?
Mr. ROGERS. Mr. Chairman, I move to strike the last word.
Mr. Chairman, there is an amendment pending to this title in the
bill. The offeror is on his way to the floor as we speak, and I did not
want to let this title pass without the gentleman being able to offer
his amendment.
I am wondering if we can secure unanimous consent that when the
gentleman from Florida (Mr. Stearns) arrives on the floor he would be
able to offer his amendment out of turn.
The CHAIRMAN. Is there objection to the request of the gentleman from
Kentucky?
Mr. SERRANO. Mr. Chairman, reserving the right to object, I am trying
just to find out what the gentleman from Kentucky (Mr. Rogers) is
trying to accomplish.
Mr. ROGERS. Mr. Chairman, will the gentleman yield?
Mr. SERRANO. I yield to the gentleman from Kentucky.
Mr. ROGERS. Mr. Chairman, the gentleman from Florida (Mr. Stearns) is
preparing to offer an amendment to this title. We moved rather swiftly
on the preceding matters, and he is on his way to the floor as we
speak. I am hoping that we could be able to proceed and do his
amendment, even out of turn, when he arrives.
Mr. SERRANO. Mr. Chairman, reclaiming my time, I ask the gentleman,
when do we expect the gentleman to be here?
Mr. ROGERS. Mr. Chairman, if the gentleman will continue to yield, I
am told momentarily.
Mr. SERRANO. Mr. Chairman, I have no objection, and I withdraw my
reservation of objection .
The CHAIRMAN. Is there objecton to the request of the gentleman from
Kentucky?
There was no objection.
The CHAIRMAN. The Clerk will read.
The Clerk read, as follows:
TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, including
expenses authorized by the State Department Basic Authorities
Act of 1956, as amended, the Mutual Educational Exchange Act
of 1961, as amended, and the United States Information and
Educational Exchange Act of 1948, as amended, including
employment, without regard to civil service and
classification laws, of persons on a temporary basis (not to
exceed $700,000 of this appropriation), as authorized by
section 801 of such Act; expenses authorized by section 9 of
the Act of August 31, 1964, as amended; representation to
certain international organizations in which the United
States participates pursuant to treaties, ratified pursuant
to the advice and consent of the Senate, or specific Acts of
Congress; arms control, nonproliferation and disarmanent
activities as authorized by the Arms Control and Disarmament
Act of September 26, 1961, as amended; acquisition by
exchange or purchase of passenger motor vehicles as
authorized by law; and for expenses of general
administration, $2,482,825,000: Provided, That, of the amount
made available under this heading, not to exceed $4,000,000
may be transferred to, and merged with, funds in the
``Emergencies in the Diplomatic and Consular Service''
appropriations account, to be available only for emergency
evacuations and terrorism rewards: Provided further, That of
the amount made available under this heading, $306,057,000
shall be available only for public diplomacy international
information programs: Provided further, That of the amount
made available under this heading, not to exceed $1,162,000
shall be available for transfer to the Presidential Advisory
Commission on Holocaust Assets in the United States: Provided
further, That any amount transferred pursuant to the previous
proviso shall not result in a total amount transferred to the
Commission from all Federal sources that exceeds the
authorized amount: Provided further, That, notwithstanding
any other provision of law, not to exceed $267,000,000 of
offsetting collections derived from fees collected under the
authority of section 140(a)(1) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public law
103-236) during fiscal year 2000 shall be retained and used
for authorized expenses in this appropriation and shall
remain available until expended: Provided further, That any
fees received in excess of $267,000,000 in fiscal year 2000
shall remain available until expended, but shall not be
available for obligation until October 1, 2000.
In addition, not to exceed $1,252,000 shall be derived from
fees collected from other executive agencies for lease or use
of facilities located at the International Center in
accordance with section 4 of the International Center Act
(Public Law 90-553), as amended; in addition, as authorized
by section 5 of such Act, $490,000, to be derived from the
reserve authorized by that section, to be used for the
purposes set out in that section; in addition, as authorized
by section 810 of the United States Information and
Educational Exchange Act, not to exceed $6,000,000, to rema
Major Actions:
All articles in House section
House of Representatives
(House of Representatives - August 05, 1999)
Text of this article available as:
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House of Representatives
DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2000
The SPEAKER. Pursuant to House Resolution 273 and rule XVIII, the
Chair declares the House in the Committee of the Whole House on the
State of the Union for the further consideration of the bill, H.R.
2670.
{time} 1350
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the further consideration of
the bill (
H.R. 2670) making appropriations for the Departments of
Commerce, Justice, and State, the Judiciary, and related agencies for
the fiscal year ending September 30, 2000, and for other purposes, with
Mr. Hastings of Washington in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. When the Committee of the Whole House rose on
Wednesday, August 4, 1999, the amendment offered by the gentleman from
Oklahoma (Mr. Coburn) had been disposed of and the bill was open for
amendment from page 47 line 6 through page 48 line 5.
Are there further amendments to this portion of the bill?
If not, the Clerk will read.
The Clerk read as follows:
In addition, for expenses to collect and publish statistics
for other periodic censuses and programs provided for by law,
$142,320,000, to remain available until expended.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the
National Telecommunications and Information Administration
(NTIA), $10,940,000, to remain available until expended:
Provided, That, notwithstanding 31 U.S.C. 1535(d), the
Secretary of Commerce shall charge Federal agencies for costs
incurred in spectrum management, analysis, and operations,
and related services and such fees shall be retained and used
as offsetting collections for costs of such spectrum
services, to remain available until expended: Provided
further, That hereafter, notwithstanding any other provision
of law, NTIA shall not authorize spectrum use or provide any
spectrum functions pursuant to the NTIA Organization Act, 47
U.S.C. 902-903, to any Federal entity without reimbursement
as required by NTIA for such spectrum management costs, and
Federal entities withholding payment of such cost shall not
use spectrum: Provided further, That the Secretary of
Commerce is authorized to retain and use as offsetting
collections all funds transferred, or previously transferred,
from other Government agencies for all costs incurred in
telecommunications research, engineering, and related
activities by the Institute for Telecommunication Sciences of
the NTIA, in furtherance of its assigned functions under this
paragraph, and such funds received from other Government
agencies shall remain available until expended.
public telecommunications facilities, planning and construction
For grants authorized by section 392 of the Communications
Act of 1934, as amended, $18,000,000, to remain available
until expended as authorized by section 391 of the Act, as
amended: Provided, That not to exceed $1,800,000 shall be
available for program administration as authorized by section
391 of the Act: Provided further, That, notwithstanding
section 391 of the Act, prior year unobligated balances may
be made available for grants for projects for which
applications have been submitted and approved during any
fiscal year.
information infrastructure grants
For grants authorized by section 392 of the Communications
Act of 1934, as amended, $13,000,000, to remain available
until expended as authorized by section 391 of the Act, as
amended: Provided, That not to exceed $3,000,000 shall be
available for program administration and other support
activities as authorized by section 391: Provided further,
That, of the funds appropriated herein, not to exceed 5
percent may be available for telecommunications research
activities for projects related directly to the development
of a national information infrastructure: Provided further,
That, notwithstanding the requirements of section 392(a) and
392(c) of the Act, these funds may be used for the planning
and construction of telecommunications networks for the
provision of educational, cultural, health care, public
information, public safety, or other social services:
Provided further, That notwithstanding any other provision of
law, no entity that receives telecommunications services at
preferential rates under section 254(h) of the Act (47 U.S.C.
254(h)) or receives assistance under the regional information
sharing systems grant program of the Department of Justice
under part M of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796h) may use funds under a
grant under this heading to cover any costs of the entity
that would otherwise be covered by such preferential rates or
such assistance, as the case may be.
Patent and Trademark Office
salaries and expenses
For necessary expenses of the Patent and Trademark Office
provided for by law, including defense of suits instituted
against the Commissioner of Patents and Trademarks,
$735,538,000, to remain available until expended: Provided,
That of this amount, $735,538,000 shall be derived from
offsetting collections assessed and collected pursuant to 15
U.S.C. 1113 and 35 U.S.C. 41 and 376, and shall be retained
and used for necessary expenses in this appropriation:
Provided further, That the sum herein appropriated from the
General Fund shall be reduced as such offsetting collections
are received during fiscal year 2000, so as to result in a
final fiscal year 2000 appropriation from the General Fund
estimated at $0: Provided further, That, during fiscal year
2000, should the total amount of offsetting fee collections
be less than $735,538,000, the total amounts available to the
Patent and Trademark Office shall be reduced accordingly:
Provided further, That any amount received in excess of
$735,538,000 in fiscal year 2000 shall remain available until
expended, but shall not be available for obligation until
October 1, 2000: Provided further, That not to exceed
$116,000,000 from fees collected in fiscal year 1999 shall be
made available for obligation in fiscal year 2000.
[[Page
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Science and Technology
Technology Administration
under secretary for technology/office of technology policy
salaries and expenses
For necessary expenses for the Under Secretary for
Technology/Office of Technology Policy, $7,972,000.
National Institute of Standards and Technology
scientific and technical research and services
For necessary expenses of the National Institute of
Standards and Technology, $280,136,000, to remain available
until expended, of which not to exceed $282,000 may be
transferred to the ``Working Capital Fund''.
industrial technology services
For necessary expenses of the Manufacturing Extension
Partnership of the National Institute of Standards and
Technology, $99,836,000, to remain available until expended:
Provided, That none of the funds provided under this heading
may be provided for Federal financial assistance to a
Regional Center for the Transfer of Manufacturing Technology
(``Center''), beyond six years at a rate in excess of one-
third of the Center's total annual costs or the level of
funding in the sixth year, whichever is less, subject before
any renewal to a positive evaluation of the Center through an
independent review.
construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation of
existing facilities, not otherwise provided for the National
Institute of Standards and Technology, as authorized by 15
U.S.C. 278c-278e, $56,714,000, to remain available until
expended: Provided, That of the amounts provided under this
heading, $44,916,000 shall be available for obligation and
expenditure only after submission of a plan for the
expenditure of these funds, in accordance with section 605 of
this Act.
Mr. ROGERS (during the reading). Mr. Chairman, I ask unanimous
consent that the bill through page 53 line 13 be considered as read,
printed in the Record, and open to amendment at any point.
The CHAIRMAN. Is there objection to the request of the gentleman from
Kentucky?
There was no objection.
The CHAIRMAN. Are there amendments to this portion of the bill?
If not, the Clerk will read.
The Clerk read as follows:
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfers of funds)
For necessary expenses of activities authorized by law for
the National Oceanic and Atmospheric Administration,
including maintenance, operation, and hire of aircraft; not
to exceed 250 commissioned officers on the active list as of
September 30, 2000; grants, contracts, or other payments to
nonprofit organizations for the purposes of conducting
activities pursuant to cooperative agreements; and relocation
of facilities as authorized by 33 U.S.C. 883i;
$1,477,738,000, to remain available until expended: Provided,
That fees and donations received by the National Ocean
Service for the management of the national marine sanctuaries
may be retained and used for the salaries and expenses
associated with those activities, notwithstanding 31 U.S.C.
3302: Provided further, That in addition, $67,226,000 shall
be derived by transfer from the fund entitled ``Promote and
Develop Fishery Products and Research Pertaining to American
Fisheries'': Provided further, That grants to States pursuant
to sections 306 and 306A of the Coastal Zone Management Act
of 1972, as amended, shall not exceed $2,000,000: Provided
further, That, of the $1,621,616,000 provided for in direct
obligations under this heading (of which $1,477,738,000 is
appropriated from the General Fund, $71,226,000 is provided
by transfer, $34,000,000 is derived from fees, if enacted
into law, and $38,652,000 is derived from unobligated
balances and deobligations from prior years), $235,900,000
shall be for the National Ocean Service, $350,545,000 shall
be for the National Marine Fisheries Service, $260,560,000
shall be for Oceanic and Atmospheric Research, $599,196,000
shall be for the National Weather Service, $100,656,000 shall
be for the National Environmental Satellite, Data, and
Information Service, $57,594,000 shall be for Program
Support, $7,000,000 shall be for Fleet Maintenance, and
$10,165,000 shall be for Facilities Maintenance: Provided
further, That not to exceed $31,439,000 shall be expended for
Executive Direction and Administration, which consists of the
Offices of the Under Secretary, the Executive Secretariat,
Policy and Strategic Planning, International Affairs,
Legislative Affairs, Public Affairs, Sustainable Development,
the Chief Scientist, and the General Counsel: Provided
further, That the aforementioned offices, excluding the
Office of the General Counsel, shall not be augmented by
personnel details, temporary transfers of personnel on either
a reimbursable or nonreimbursable basis or any other type of
formal or informal transfer or reimbursement of personnel or
funds on either a temporary or long-term basis above the
level of 33 personnel: Provided further, That no general
administrative charge shall be applied against any assigned
activity included in this Act and, further, that any direct
administrative expenses applied against assigned activities
shall be limited to five percent of the funds provided for
that assigned activity: Provided further, That any use of
deobligated balances of funds provided under this heading in
previous years shall be subject to the procedures set forth
in section 605 of this Act.
In addition, for necessary retired pay expenses under the
Retired Serviceman's Family Protection and Survivor Benefits
Plan, and for payments for medical care of retired personnel
and their dependents under the Dependents Medical Care Act
(10 U.S.C. ch. 55), such sums as may be necessary.
Amendment No. 22 Offered by Mr. Ehlers
Mr. EHLERS. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 22 offered by Mr. Ehlers:
Page 53, line 26, after the dollar amount insert
``(increased by $390,000)''.
Page 54, line 12, after the dollar amount insert
``(increased by $390,000)''.
Page 54, line 13, after the dollar amount insert
``(increased by $390,000)''.
Page 54, line 18, after the dollar amount insert
``(increased by $390,000)''.
Page 56, line 9, after the dollar amount insert ``(reduced
by $390,000)''.
Mr. EHLERS. Mr. Chairman, I offer an amendment dealing with the
problem on the Great Lakes, and I thank the chairman for all he has
done on the Great Lakes in this legislation. Notably, the committee has
funded the Great Lakes Environmental Research Laboratory at last year's
level after the administration cut it in their budget submission, and
we appreciate the chairman's action on that.
In May of this year, NOAA's National Ocean Service proposed the
elimination of 13 of 49 water level gauging stations on the Great
Lakes-St. Lawrence River system. These stations provide valuable water
level data used by several different agencies and institutions to
predict water levels and monitor water flows at specific points in the
lakes.
I am proposing an amendment that would increase NOAA's operation
budget by $390,000 to upgrade these stations and ensure that they will
continue to provide valuable research data.
Due to record-low water levels in the Great Lakes, it is more
important than ever to maintain a monitoring network for research into
the hydrologic cycles in the Great Lakes Basin.
The downsizing was prompted by the need to upgrade and automate these
stations, which NOAA claims could not be accomplished within the
existing operational budget constraints. Several agencies, including
the Army Corps of Engineers, the Environmental Protection Agency, the
Great Lakes Environmental Research Laboratories, and the International
Joint Commission, which is currently conducting a year-long study of
water levels on the Great Lakes, objected to the closure of these
stations.
Several of the affected stations provide key comparisons for the
long-term record of water levels, and many stations located in
connecting channels provide key information on water transfer between
the lakes.
Local communities would be the most severely affected by the loss of
data from stations located at upstream sites. For example, Lake Erie
water levels are most directly affected by the rate of water flow
through the Detroit and St. Clair Rivers.
This is a very important issue in the Great Lakes. I appreciate all
the chairman has done. I understand that he also looks favorably upon
this amendment. I hope that is correct, and, if so, we can bring this
debate to a rapid conclusion.
Mr. ROGERS. Mr. Chairman, I rise in support of the amendment.
Mr. Chairman, the gentleman has brought to the Committee's attention
a very important matter. We have examined the amendment and agree with
the gentleman and thank him for bringing this matter to our attention
and support the amendment.
Mr. QUINN. Mr. Chairman, I rise today in support of Mr. Ehlers'
amendment to increase funding for the National Oceanic and Atmospheric
Administration (NOAA) operations budget by $390,000. It is imperative
that the 13 National Ocean Services (NOS) water level gauging stations
upgrade their computer networks to Y2K compliance.
Sturgeon Point--the gauging station in my district--is essential. It
predicts floods in times
[[Page
H7319]]
of high water and aids navigation in times of low water on Lake Erie.
Without Sturgeon Point, and the other 12 stations, much industry and
recreation could be paralyzed in Buffalo and all of the Great Lakes
region.
The $390,000 provided to the National Ocean Service by the amendment
meets the estimated cost of upgrading the additional 13 stations. When
the new technology comes on line, NOAA estimates that operational
expenses should fall to approximately half of the current level. Using
those estimates, the system upgrades should pay for themselves in just
over five years.
Mr. Chairman, if there was ever a summer that we could see the need
for these stations, it is this one. With water levels falling from
drought and the threat of despair we can see that these stations can
aid us in getting through the heat of the summer and thaw of the
spring.
Mr. DINGELL. Mr. Chairman, I rise in strong support of the amendment
offered by my colleague and friend from Grand Rapids.
Earlier this year, the National Ocean Service proposed eliminating 13
of 49 water level gauging stations in the Great Lakes and St. Lawrence
River system due to a budget insufficient to address Y-2-K compliance
problems.
This proposal was advanced without consulting many of the
constituencies who rely on the data of this Water Level Observation
Network, including shoreline residents, local governments, recreational
and commercial fishermen, and shippers of commerce from Great Lakes
ports to points worldwide.
In my own district, two water-gauging stations were proposed for
closing: one on the Detroit River and one in Lake Erie near the City of
Monroe. WIthout these stations, other federal agencies such as the U.S.
Army Corps of Engineers, the EPA, the Fish and Wildlife Service cannot
provide needed services that support recreational uses, commercial
uses, and the ecological integrity of the Great Lakes.
Mr. Chairman, my colleague from Michigan is offering a commonsense
amendment to address a critical need for Great Lakes protections, and I
urge the House to accept it.
The CHAIRMAN. Is there further discussion on the amendment?
If not, the question is on the amendment offered by the gentleman
from Michigan (Mr. Ehlers).
The amendment was agreed to.
The CHAIRMAN. Are there further amendments to this section?
Ms. RIVERS. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I rise today not to speak to what is in the bill but
what is not in the bill. Specifically, the Advanced Technology Program.
This program was created with bipartisan support under the Bush
administration.
The Advanced Technology Program has as its basic mission to benefit
the U.S. economy by cost-sharing research within industry to foster new
and innovative technologies. The ATP invests in risky, challenging
technologies that have the potential for a big payoff for the U.S.
economy.
There have been many arguments made about the ATP over the years, but
most of them have been addressed. Unfortunately, this has not been
included in this year's appropriations, and I think it is to the
detriment of our economy and to our high-tech industries as well.
The ATP is industry driven. Its research priorities are set by
industry, not the government. For-profit companies conceive, propose,
and execute ATP projects and programs based on their understanding of
the marketplace and research opportunities. Far too often this
particular fact has either been misunderstood or misrepresented.
The ATP is not a product development program, as many people have
argued. The ATP does not fund companies to do product development, it
instead funds R to develop high-risk technology to the point where it
is feasible for companies to begin product development, but that they
must do on their own.
ATP also embodies fair competition. They are rigorous, they are fair,
and they are based entirely on technical and business merit. Too often
people argue about this program by saying the government is picking
winners and losers. That is not true. And small companies compete just
as effectively as large companies for ATP grants. Roughly half of the
ATP awards have gone to small companies or joint ventures led by a
small company. ATP is in fact a partnership. It is not a free ride for
winning companies.
Many people have argued that we can sustain this loss of funding
because tax credits can take the place of the ATP. In fact, tax credits
cannot replace ATP. R tax credits are an important policy tool for
encouraging research and innovation by industry, but they are not a
substitute for the Advanced Technology Program.
The Advanced Technology Program has been evaluated and reevaluated.
It has shown that many of the projects that have taken place would not
have been done or would not have been done in the same way or as
quickly without the ATP.
Lastly, two more issues I want to point out is that university
participation in ATP is an important aspect of the program. Out of the
352 projects selected by the ATP since its inception, 189 of the
proposals included plans to involve one or more universities. Lastly,
small businesses also participate greatly in this program.
The ATP works, Mr. Chairman, and it would be a shame for us to lose
it. This body should oppose its elimination.
Amendment Offered by Mr. Terry
Mr. TERRY. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Terry:
Page 53, line 26, after the dollar amount insert ``(reduced
by $3,000,000)''.
Page 54, line 12, after the dollar amount insert ``(reduced
by $3,000,000)''.
Page 54, line 13, after the dollar amount insert ``(reduced
by $3,000,000)''.
Page 54, line 24, after the dollar amount insert ``(reduced
by $3,000,000)''.
Page 88, line 3, after the dollar amount insert
``(increased by $2,000,000)''.
Mr. TERRY (during the reading). Mr. Chairman, I ask unanimous consent
that the amendment be considered as read and printed in the Record.
The CHAIRMAN. Is there objection to the request of the gentleman from
Nebraska?
There was no objection.
{time} 1400
Mr. TERRY. Mr. Chairman, I am pleased that my colleague from New York
(Mr. Ackerman) is a cosponsor of this amendment. We are joined by the
gentleman from North Carolina (Mr. Jones) and the gentleman from
Georgia (Mr. Barr) and others.
Our amendment addresses a situation that was first brought to my
attention by Bruce and Christine Bowen of Omaha, Nebraska. They are
parents of two Merchant Marine Academy midshipmen. As one who believes
strongly that we must do right by those who serve our country, what
they told me and showed me upset me into action. The Terry-Ackerman
amendment will help correct a problem that has been lingering for quite
some time.
The U.S. Merchant Marine Academy, located in Kings Point, New York,
is in desperate need of repair. This 55-year-old academy has been
neglected for far too long. The last 5 years it has been funded at
roughly $31 million annually, which is just enough to operate the
facility without doing any maintenance. Consequently, a backlog of
basic maintenance projects exists, totaling $20 million. This is
unacceptable. Something has to be done.
Let me tell my colleagues how serious the situation is at the
Merchant Marine Academy. The lack of maintenance has caused pipes to
explode in the library, damaging a collection of rare books. Water
pipes are so old that there are signs posted in the building ``Lead in
Drinking Water.'' The heating system is so antiquated that the
temperature in the rooms is regulated by opening all the doors and
windows.
I have some pictures here that illustrate some of what I am saying.
Mr. Chairman, the Merchant Marine Academy has become the lost son. All
of our other military academies have received or will receive
substantial sums of money for new construction or improvements. The
U.S. Military Academy at West Point received $30 million to upgrade its
cadet mess hall and will receive $75 million to build a new gym.
The U.S. Naval Academy will receive $41 million per year for the next
12 years to upgrade all of its midshipmen dorms. The Merchant Marine
Academy is not looking for a new building. It just wants those that it
has repaired.
If we demand a commitment of 10 years from the graduates of the
academy, we should make sure that they have a learning environment
conducive to that commitment.
Mr. Chairman, our amendment will begin the process of returning the
Merchant Marine Academy to the level it deserves. The amendment I am
offering
[[Page
H7320]]
now is a modification of the original version. It will provide $2
million for maintenance at the academy, enough to repair some of those
leaky roofs, under the Maritime Administration.
Before concluding, I would like to ask the gentleman from Kentucky
(Chairman Rogers) a question.
It has been the practice of the Maritime Administration to pay for
certain overhead expenses of the entire agency, including the academy.
There have been proposals to require the academy to pay portions of the
overhead costs, which could result in a loss as much as $1.8 million to
the academy.
I understand that the committee intends that all the monies provided
to the academy in fiscal year 2000 are to be used for the same
functions as was the case in fiscal year 1999. In other words, no
additional administrative expenses may be imposed on the academy by the
Department of Transportation or Maritime Administration.
I ask the gentleman, am I correct, Mr. Chairman?
Mr. ROGERS. Mr. Chairman, will the gentleman yield?
Mr. TERRY. I yield to the gentleman from Kentucky.
Mr. ROGERS. Mr. Chairman, the gentleman is correct. It is the intent
of the committee that the Maritime Administration will continue to pay
certain administrative costs related to the academy in the same fashion
as in 1999.
Mr. TERRY. Mr. Chairman, reclaiming my time, I thank the gentleman
for his comments.
Mr. Chairman, in conclusion, I urge support for this amendment.
Mr. ACKERMAN. Mr. Chairman, I rise in support of the amendment.
(Mr. ACKERMAN asked and was given permission to revise and extend his
remarks.)
Mr. ACKERMAN. Mr. Chairman, I thank the gentleman from Nebraska (Mr.
Terry) for his strong initiative.
I rise in support of the Terry-Ackerman amendment, which, as we have
heard, would add $2 million for the critical facility maintenance
program at the U.S. Merchant Marine Academy, which is located in my
district on the north shore of Long Island.
The academy plays a vital role in maintaining the economic and
national security of our country and is one of the five Federal Service
academies. Kings Point's mission is to train young men and women to
serve and to lead in our Merchant Marine, our Armed Forces, and in the
transportation field.
In times of peace, these Merchant Mariners contribute to our
international trading prosperity. In times of war, it is the Merchant
Mariners who enable our country to move troops and materiel anywhere,
anytime.
Despite rising costs over the years, the funding has remained nearly
static for each of the last 5 years. The result of this level of
funding is a real dollar budget cut for Kings Point. The 55-year-old
infrastructure is in need of millions of dollars of capital maintenance
repair projects.
Included in these projects are barracks renovation, Y2K compliance
requirements, maintenance of the 220-foot training vessel, the King's
Pointer, instructional technology and training requirements, and
improvements in waterfront renovation.
Congress has already recognized the need for additional funds for the
Merchant Marine Academy. In their report for the Defense Authorization
Bill for fiscal year 1999, the House Committee on Armed Services said
that they are ``concerned about the deteriorating material condition of
the physical plant of the midshipmen barracks at the Merchant Marine
Academy.''
They go on to say, ``The plant is antiquated and in need of
replacement before it becomes a health and safety concern to the
midshipmen and the staff.''
It is to this facility, Mr. Chairman, that, as Members of Congress,
we nominate some of the finest young men and women so that they might
study and become graduates of the academy. We must work to ensure that
the academy is safe and conducive to this training.
This funding for fiscal year 2000 will help it achieve this goal so
that the U.S. Merchant Marine Academy can achieve their mission of
providing our country with the highest quality Merchant Marine
officers.
I ask all of our colleagues to join with us in supporting this
critical amendment.
Mr. BATEMAN. Mr. Chairman, I move to strike the last word.
Mr. Chairman, as the chairman of the panel that authorizes the
funding for the Maritime Administration and under it the Merchant
Marine Academy, I rise in strong support of the amendment offered by
the gentleman from Nebraska.
The Merchant Marine Academy is one of the most distinguished higher
educational institutions in America. If we rated it in keeping with the
outstanding record of its graduates, it would be in the top 15 colleges
or universities of America. It is truly an outstanding institution.
It also is in outstanding need of long-deferred maintenance that this
amendment, at least, will contribute toward.
My panel authorized a $7-million increase for maintenance at the
Merchant Marine Academy. But I understand that the distinguished
chairman of the subcommittee that handles this in the appropriations
has not had the funding that he could do that.
I appreciate that which I understand he is willing to do to
contribute toward a building on this badly needed maintenance program.
I can only tell my colleague and forewarn him that in the next budget
submission we will see larger sums because this only begins to address
a need that is clearly identifiable and must be addressed. It has been
neglected too long.
Mr. SERRANO. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I rise in strong support of the amendment of the
gentleman. It is true that the Merchant Marine Academy has in so many
ways been totally forgotten, and the description and presentation of
the gentleman shows the problem.
So I just want to, very briefly, be supportive of the amendment but
at the same time remind us that we would accomplish helping the
Merchant Marine Academy by cutting some funds from NOAA. So I would
hope that, in the process that continues here as we go on to
conference, we can find the monies to make up the changes that we have
made. But I rise in strong support of the amendment and hope it can be
approved.
Mr. ROGERS. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I appreciate that the gentleman from Nebraska (Mr.
Terry) has worked with us and the Committee on Resources in proposing
this amendment.
I also continue to hear from alumni and families of current students
at the academy about the dire state of the facilities there. I believe
this amendment will help to address that problem, particularly to
improve the living conditions of the midshipmen.
I have no objection to the amendment and support its adoption and
commend the gentleman for his fine work.
Mr. WU. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I rise today in opposition of the Terry amendment.
While I applaud the gentleman's effort for attempting to increase
funding for the Merchant Marine Academy, the offsets that the gentleman
has proposed will be devastating to an already depleted National Marine
Fishery Service budget and thus devastating to America's rural
fishermen.
Like farmers, fishermen are a cornerstone of our country's cultural
heritage as well as our economy. The U.S. commercial and recreational
fishing industries generate more than $25 billion to our economy and
employ approximately 300,000 men and women per year.
As important as they are to our economy, many fishermen in my
district and in the Northwest are going through difficult times. Stocks
are minimal and harvest is declining. Rural fishermen in my district,
especially in towns like Astoria, Warrenton, Hammond and Clatskanie are
going through a difficult transition period as we work to rebuild
depleted stocks of salmon and steelhead. Their livelihood depends on
what they yield from the rivers and oceans.
As a country, we have recognized that through a variety of different
causes, the fish that these fishermen harvest are threatened to the
point of extinction. We have committed desperately needed resources to
help restore salmon runs and trout populations. By cutting the NMFS
budget further, we are underfunding fishermen in my state and all over
the country.
The National Marine Fishery Service works with state and local
entities to ensure the stability and restoration of our ecosystem. An
additional $14 million cut to the NMFS budget,
[[Page
H7321]]
beyond the $27 million already cut in the bill, would significantly
reduce the agency's already compromised ability to fulfill its
congressional mandates to conserve and rebuild our nation's valuable
marine fisheries and marine resources. Not funding NMFS at adequate
levels is equal to an unfunded mandate.
We have heard the rhetoric of this country's commitment to rural
Americans, and yet this is one more attack on rural America. These
rural fishermen depend on the harvest they get from their nets and
depend on NMFS to ensure that there will be a harvest for their
children. The monitoring of fish stocks that NMFS oversees is helpful
in two ways: one, if the stocks are improving, fishermen are made aware
and harvest will increase; two, if the stocks are collapsing, fishermen
are made aware and harvest will decrease, so that the remaining fish
are saved.
The gentleman's amendment strikes at the very heart of NMFS ability
to help endangered and threatened species recover. A 15% cut in
conservation and management programs and a 20% cut in endangered
species recovery programs would gut much needed assistance to rural
farmers.
I urge my colleagues to join with me in voting against the Terry
amendment.
Mr. ROGERS. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Nebraska (Mr. Terry).
The amendment was agreed to.
The CHAIRMAN. The Clerk will read.
The Clerk read, as follows:
procurement, acquisition and construction
(including transfers of funds)
For procurement, acquisition and construction of capital
assets, including alteration and modification costs, of the
National Oceanic and Atmospheric Administration,
$480,720,000, to remain available until expended: Provided,
That unexpended balances of amounts previously made available
in the ``Operations, Research, and Facilities'' account for
activities funded under this heading may be transferred to
and merged with this account, to remain available until
expended for the purposes for which the funds were originally
appropriated.
coastal zone management fund
Of amounts collected pursuant to section 308 of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1456a), not to exceed
$4,000,000, for purposes set forth in sections 308(b)(2)(A),
308(b)(2)(B)(v), and 315(e) of such Act.
promote and develop fishery products and research pertaining to
american fisheries
fisheries promotional fund
(Rescission)
All unobligated balances available in the Fisheries
Promotional Fund are rescinded: Provided, That all obligated
balances are transferred to the ``Operations, Research, and
Facilities'' account.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law
95-372, not to exceed $953,000, to be derived from receipts
collected pursuant to that Act, to remain available until
expended.
foreign fishing observer fund
For expenses necessary to carry out the provisions of the
Atlantic Tunas Convention Act of 1975, as amended (Public Law
96-339), and the Magnuson-Stevens Fishery Conservation and
Management Act of 1976, as amended (Public Law 100-627), and
the American Fisheries Promotion Act (Public Law 96-561), to
be derived from the fees imposed under the foreign fishery
observer program authorized by these Acts, not to exceed
$189,000, to remain available until expended.
fisheries finance program account
For the cost of direct loans, $238,000, as authorized by
the Merchant Marine Act of 1936, as amended: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act
of 1974: Provided further, That none of the funds made
available under this heading may be used for direct loans for
any new fishing vessel that will increase the harvesting
capacity in any United States fishery.
General Administration
salaries and expenses
For expenses necessary for the general administration of
the Department of Commerce provided for by law, including not
to exceed $3,000 for official entertainment, $30,000,000.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended (5 U.S.C. App. 1-11 as amended by Public
Law 100-504), $22,000,000.
General Provisions--Department of Commerce
Sec. 201. During the current fiscal year, applicable
appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to
the extent and in the manner prescribed by the Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advanced
payments not otherwise authorized only upon the certification
of officials designated by the Secretary of Commerce that
such payments are in the public interest.
Sec. 202. During the current fiscal year, appropriations
made available to the Department of Commerce by this Act for
salaries and expenses shall be available for hire of
passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344; services as authorized by 5 U.S.C. 3109; and uniforms
or allowances therefore, as authorized by law (5 U.S.C. 5901-
5902).
Sec. 203. None of the funds made available by this Act may
be used to support the hurricane reconnaissance aircraft and
activities that are under the control of the United States
Air Force or the United States Air Force Reserve.
Sec. 204. None of the funds provided in this or any
previous Act, or hereinafter made available to the Department
of Commerce, shall be available to reimburse the Unemployment
Trust Fund or any other fund or account of the Treasury to
pay for any expenses authorized by section 8501 of title 5,
United States Code, for services performed by individuals
appointed to temporary positions within the Bureau of the
Census for purposes relating to the decennial censuses of
population.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Commerce in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
Sec. 206. (a) Should legislation be enacted to dismantle or
reorganize the Department of Commerce, or any portion
thereof, the Secretary of Commerce, no later than 90 days
thereafter, shall submit to the Committees on Appropriations
of the House of Representatives and the Senate a plan for
transferring funds provided in this Act to the appropriate
successor organizations: Provided, That the plan shall
include a proposal for transferring or rescinding funds
appropriated herein for agencies or programs terminated under
such legislation: Provided further, That such plan shall be
transmitted in accordance with section 605 of this Act.
(b) The Secretary of Commerce or the appropriate head of
any successor organization(s) may use any available funds to
carry out legislation dismantling or reorganizing the
Department of Commerce, or any portion thereof, to cover the
costs of actions relating to the abolishment, reorganization,
or transfer of functions and any related personnel action,
including voluntary separation incentives if authorized by
such legislation: Provided, That the authority to transfer
funds between appropriations accounts that may be necessary
to carry out this section is provided in addition to
authorities included under section 205 of this Act: Provided
further, That use of funds to carry out this section shall be
treated as a reprogramming of funds under section 605 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
Sec. 207. Any costs incurred by a Department or agency
funded under this title resulting from personnel actions
taken in response to funding reductions included in this
title or from actions taken for the care and protection of
loan collateral or grant property shall be absorbed within
the total budgetary resources available to such Department or
agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry
out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use of
funds to carry out this section shall be treated as a
reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
Sec. 208. The Secretary of Commerce may award contracts for
hydrographic, geodetic, and photogrammetric surveying and
mapping services in accordance with title IX of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
541 et seq.).
Sec. 209. The Secretary of Commerce may use the Commerce
franchise fund for expenses and equipment necessary for the
maintenance and operation of such administrative services as
the Secretary determines may be performed more advantageously
as central services, pursuant to section 403 of Public Law
103-356: Provided, That any inventories, equipment, and other
assets pertaining to the services to be provided by such
fund, either on hand or on order, less the related
liabilities or unpaid obligations, and any appropriations
made for the purpose of providing capital shall be used to
capitalize such fund: Provided further, That such fund shall
be paid in advance from funds available to the Department and
other Federal agencies for which such centralized services
are performed, at rates which will return in full all
expenses of operation, including accrued leave, depreciation
of fund plant and equipment, amortization of automated data
processing (ADP) software and systems (either acquired or
donated), and an amount necessary to maintain a reasonable
operating reserve, as determined by the Secretary: Provided
further, That such fund shall provide services on a
competitive basis: Provided further, That an amount not to
exceed
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H7322]]
4 percent of the total annual income to such fund may be
retained in the fund for fiscal year 2000 and each fiscal
year thereafter, to remain available until expended, to be
used for the acquisition of capital equipment, and for the
improvement and implementation of Department financial
management, ADP, and other support systems: Provided further,
That such amounts retained in the fund for fiscal year 2000
and each fiscal year thereafter shall be available for
obligation and expenditure only in accordance with section
605 of this Act: Provided further, That no later than 30 days
after the end of each fiscal year, amounts in excess of this
reserve limitation shall be deposited as miscellaneous
receipts in the Treasury: Provided further, That such
franchise fund pilot program shall terminate pursuant to
section 403(f) of Public Law 103-356.
This title may be cited as the ``Department of Commerce and
Related Agencies Appropriations Act, 2000''.
Mr. ROGERS (during the reading). Mr. Chairman, I ask unanimous
consent that the remainder of title II be considered as read, printed
in the Record, and open to amendment at any point.
The CHAIRMAN. Is there objection to the request of the gentleman from
Kentucky?
There was no objection.
The CHAIRMAN. Are there amendments to that portion of the bill?
If not, the Clerk will read.
The Clerk read as follows:
TITLE III--THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme
Court, as required by law, excluding care of the building and
grounds, including purchase or hire, driving, maintenance,
and operation of an automobile for the Chief Justice, not to
exceed $10,000 for the purpose of transporting Associate
Justices, and hire of passenger motor vehicles as authorized
by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for
official reception and representation expenses; and for
miscellaneous expenses, to be expended as the Chief Justice
may approve, $35,041,000.
care of the building and grounds
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
the Architect by the Act approved May 7, 1934 (40 U.S.C. 13a-
13b), $6,872,000, of which $3,971,000 shall remain available
until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of the chief judge, judges, and other officers
and employees, and for necessary expenses of the court, as
authorized by law, $16,101,000.
United States Court of International Trade
salaries and expenses
For salaries of the chief judge and 8 judges, salaries of
the officers and employees of the court, services as
authorized by 5 U.S.C. 3109, and necessary expenses of the
court, as authorized by law, $11,804,000.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of circuit and district judges (including
judges of the territorial courts of the United States),
justices and judges retired from office or from regular
active service, judges of the United States Court of Federal
Claims, bankruptcy judges, magistrate judges, and all other
officers and employees of the Federal Judiciary not otherwise
specifically provided for, and necessary expenses of the
courts, as authorized by law, $2,934,138,000 (including the
purchase of firearms and ammunition); of which not to exceed
$13,454,000 shall remain available until expended for space
alteration projects; and of which not to exceed $10,000,000
shall remain available until expended for furniture and
furnishings related to new space alteration and construction
projects.
In addition, for expenses of the United States Court of
Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986, not to exceed
$2,138,000, to be appropriated from the Vaccine Injury
Compensation Trust Fund.
In addition, for activities of the Federal Judiciary as
authorized by law, $156,539,000, to remain available until
expended, which shall be derived from the Violent Crime
Reduction Trust Fund, as authorized by section 190001(a) of
Public Law 103-322, and sections 818 and 823 of Public Law
104-132.
defender services
For the operation of Federal Public Defender and Community
Defender organizations; the compensation and reimbursement of
expenses of attorneys appointed to represent persons under
the Criminal Justice Act of 1964, as amended; the
compensation and reimbursement of expenses of persons
furnishing investigative, expert and other services under the
Criminal Justice Act (18 U.S.C. 3006A(e)); the compensation
(in accordance with Criminal Justice Act maximums) and
reimbursement of expenses of attorneys appointed to assist
the court in criminal cases where the defendant has waived
representation by counsel; the compensation and reimbursement
of travel expenses of guardians ad litem acting on behalf of
financially eligible minor or incompetent offenders in
connection with transfers from the United States to foreign
countries with which the United States has a treaty for the
execution of penal sentences; and the compensation of
attorneys appointed to represent jurors in civil actions for
the protection of their employment, as authorized by 28
U.S.C. 1875(d), $361,548,000, to remain available until
expended as authorized by 18 U.S.C. 3006A(i).
In addition, for activities of the Federal Judiciary as
authorized by law, $26,247,000, to remain available until
expended, which shall be derived from the Violent Crime
Reduction Trust Fund, as authorized by section 19001(a) of
Public Law 103-322, and sections 818 and 823 of Public Law
104-132.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as
authorized by 28 U.S.C. 1863; and compensation of
commissioners appointed in condemnation cases pursuant to
rule 71A(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71A(h)), $63,400,000, to remain
available until expended: Provided, That the compensation of
land commissioners shall not exceed the daily equivalent of
the highest rate payable under section 5332 of title 5,
United States Code.
court security
For necessary expenses, not otherwise provided for,
incident to the procurement, installation, and maintenance of
security equipment and protective services for the United
States Courts in courtrooms and adjacent areas, including
building ingress-egress control, inspection of packages,
directed security patrols, and other similar activities as
authorized by section 1010 of the Judicial Improvement and
Access to Justice Act (Public Law 100-702), $190,029,000, of
which not to exceed $10,000,000 shall remain available until
expended for security systems, to be expended directly or
transferred to the United States Marshals Service, which
shall be responsible for administering elements of the
Judicial Security Program consistent with standards or
guidelines agreed to by the Director of the Administrative
Office of the United States Courts and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel
as authorized by 31 U.S.C. 1345, hire of a passenger motor
vehicle as authorized by 31 U.S.C. 1343(b), advertising and
rent in the District of Columbia and elsewhere, $54,500,000,
of which not to exceed $7,500 is authorized for official
reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $17,716,000; of which
$1,800,000 shall remain available through September 30, 2001,
to provide education and training to Federal court personnel;
and of which not to exceed $1,000 is authorized for official
reception and representation expenses.
Judicial Retirement Funds
payment to judiciary trust funds
For payment to the Judicial Officers' Retirement Fund, as
authorized by 28 U.S.C. 377(o), $29,500,000; to the Judicial
Survivors' Annuities Fund, as authorized by 28 U.S.C. 376(c),
$8,000,000; and to the United States Court of Federal Claims
Judges' Retirement Fund, as authorized by 28 U.S.C. 178(l),
$2,200,000.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, United States Code,
$8,500,000, of which not to exceed $1,000 is authorized for
official reception and representation expenses.
General Provisions--The Judiciary
Sec. 301. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in
this Act may be transferred between such appropriations, but
no such appropriation, except ``Courts of Appeals, District
Courts, and Other Judicial Services, Defender Services'' and
``Courts of Appeals, District Courts, and Other Judicial
Services, Fees of Jurors and Commissioners'', shall be
increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this section shall be
treated as a reprogramming of funds under section 605 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
Sec. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for district courts,
courts of appeals, and other judicial services shall be
available for official reception and representation expenses
of the Judicial Conference of the United States: Provided,
That such available funds shall not exceed $10,000 and shall
be administered by the Director of the Administrative Office
of the United States
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Courts in the capacity as Secretary of the Judicial
Conference.
This title may be cited as the ``Judiciary Appropriations
Act, 2000''.
Mr. ROGERS (during the reading). Mr. Chairman, I ask unanimous
consent that the remainder of title III be considered as read, printed
in the Record, and open to amendment at any point.
The CHAIRMAN. Is there objection to the request of the gentleman from
Kentucky?
There was no objection.
The CHAIRMAN. Are there any amendments to that portion of the bill?
Mr. ROGERS. Mr. Chairman, I move to strike the last word.
Mr. Chairman, there is an amendment pending to this title in the
bill. The offeror is on his way to the floor as we speak, and I did not
want to let this title pass without the gentleman being able to offer
his amendment.
I am wondering if we can secure unanimous consent that when the
gentleman from Florida (Mr. Stearns) arrives on the floor he would be
able to offer his amendment out of turn.
The CHAIRMAN. Is there objection to the request of the gentleman from
Kentucky?
Mr. SERRANO. Mr. Chairman, reserving the right to object, I am trying
just to find out what the gentleman from Kentucky (Mr. Rogers) is
trying to accomplish.
Mr. ROGERS. Mr. Chairman, will the gentleman yield?
Mr. SERRANO. I yield to the gentleman from Kentucky.
Mr. ROGERS. Mr. Chairman, the gentleman from Florida (Mr. Stearns) is
preparing to offer an amendment to this title. We moved rather swiftly
on the preceding matters, and he is on his way to the floor as we
speak. I am hoping that we could be able to proceed and do his
amendment, even out of turn, when he arrives.
Mr. SERRANO. Mr. Chairman, reclaiming my time, I ask the gentleman,
when do we expect the gentleman to be here?
Mr. ROGERS. Mr. Chairman, if the gentleman will continue to yield, I
am told momentarily.
Mr. SERRANO. Mr. Chairman, I have no objection, and I withdraw my
reservation of objection .
The CHAIRMAN. Is there objecton to the request of the gentleman from
Kentucky?
There was no objection.
The CHAIRMAN. The Clerk will read.
The Clerk read, as follows:
TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, including
expenses authorized by the State Department Basic Authorities
Act of 1956, as amended, the Mutual Educational Exchange Act
of 1961, as amended, and the United States Information and
Educational Exchange Act of 1948, as amended, including
employment, without regard to civil service and
classification laws, of persons on a temporary basis (not to
exceed $700,000 of this appropriation), as authorized by
section 801 of such Act; expenses authorized by section 9 of
the Act of August 31, 1964, as amended; representation to
certain international organizations in which the United
States participates pursuant to treaties, ratified pursuant
to the advice and consent of the Senate, or specific Acts of
Congress; arms control, nonproliferation and disarmanent
activities as authorized by the Arms Control and Disarmament
Act of September 26, 1961, as amended; acquisition by
exchange or purchase of passenger motor vehicles as
authorized by law; and for expenses of general
administration, $2,482,825,000: Provided, That, of the amount
made available under this heading, not to exceed $4,000,000
may be transferred to, and merged with, funds in the
``Emergencies in the Diplomatic and Consular Service''
appropriations account, to be available only for emergency
evacuations and terrorism rewards: Provided further, That of
the amount made available under this heading, $306,057,000
shall be available only for public diplomacy international
information programs: Provided further, That of the amount
made available under this heading, not to exceed $1,162,000
shall be available for transfer to the Presidential Advisory
Commission on Holocaust Assets in the United States: Provided
further, That any amount transferred pursuant to the previous
proviso shall not result in a total amount transferred to the
Commission from all Federal sources that exceeds the
authorized amount: Provided further, That, notwithstanding
any other provision of law, not to exceed $267,000,000 of
offsetting collections derived from fees collected under the
authority of section 140(a)(1) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public law
103-236) during fiscal year 2000 shall be retained and used
for authorized expenses in this appropriation and shall
remain available until expended: Provided further, That any
fees received in excess of $267,000,000 in fiscal year 2000
shall remain available until expended, but shall not be
available for obligation until October 1, 2000.
In addition, not to exceed $1,252,000 shall be derived from
fees collected from other executive agencies for lease or use
of facilities located at the International Center in
accordance with section 4 of the International Center Act
(Public Law 90-553), as amended; in addition, as authorized
by section 5 of such Act, $490,000, to be derived from the
reserve authorized by that section, to be used for the
purposes set out in that section; in addition, as authorized
by section 810 of the United States Information and
Educational Exchange Act, not to exceed $6,000,00
