22 October 1998
Source: http://www.access.gpo.gov/su_docs/aces/aaces002.html

Excerpts on funding for anti-terrorism programs from the House-Senate Conference Report on HR 4328, the Omnibus Consolidated and Emergency Appropriations for Fiscal Year 1999 Act



[Congressional Record: October 19, 1998 (House)]
[Page H11044-H11094]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr19oc98-27]
 


 
    CONFERENCE REPORT ON H.R. 4328, MAKING OMNIBUS CONSOLIDATED AND 
       EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 1999

  Mr. LIVINGSTON submitted the following conference report and 
statement on the bill (H.R. 4328) making omnibus consolidated and 
emergency supplemental appropriations for fiscal year 1999:

                    Conference Report (H. Rept. 825)

----------

                     TITLE I--DEPARTMENT OF JUSTICE

                         counterterrorism fund

       For necessary expenses, as determined by the Attorney 
     General, $10,000,000, to remain available until expended, to 
     reimburse any Department of Justice organization for (1) the 
     costs incurred in reestablishing the operational capability 
     of an office or facility which has been damaged or destroyed 
     as a result of any domestic or international terrorist 
     incident; (2) the costs of providing support to counter, 
     investigate or prosecute domestic or international terrorism, 
     including payment of rewards in connection with these 
     activities; (3) the costs of conducting a terrorism threat 
     assessment of Federal agencies and their facilities; (4) the 
     costs associated with ensuring the continuance of essential 
     Government functions during a time of emergency; and (5) the 
     costs of activities related to the protection of the Nation's 
     critical infrastructure: Provided, That any Federal agency 
     may be reimbursed for the costs of detaining in foreign 
     countries individuals accused of acts of terrorism that 
     violate the laws of the United States: Provided further, That 
     funds provided under this paragraph shall be available only 
     after the Attorney General notifies the Committees on 
     Appropriations of the House of Representatives and the Senate 
     in accordance with section 605 of this Act.
       In addition, for necessary expenses, as determined by the 
     Attorney General, $135,000,000, to remain available until 
     expended, to reimburse or transfer to agencies of the 
     Department of Justice for any costs incurred in connection 
     with: (1) providing bomb training and response capabilities 
     to State and local law enforcement agencies; (2) providing 
     training and related equipment for chemical, biological, 
     nuclear, and cyber attack prevention and response 
     capabilities for States, cities, territories, and local 
     jurisdictions; and (3) providing grants, contracts, 
     cooperative agreements, and other assistance authorized by 
     sections 819, 821, and 822 of the Antiterrorism and Effective 
     Death Penalty Act of 1996: Provided, That such funds 
     transferred to the Office of Justice Programs may include 
     amounts for management and administration, which shall be 
     transferred to and merged with the ``Justice Assistance'' 
     account.

----------

                TITLE II--BILATERAL ECONOMIC ASSISTANCE

                          Department of State

    nonproliferation, anti-terrorism, demining and related programs

       For necessary expenses for nonproliferation, anti-terrorism 
     and related programs and activities, $198,000,000, to carry 
     out the provisions of chapter 8 of part II of the Foreign 
     Assistance Act of 1961 for anti-terrorism assistance, section 
     504 of the FREEDOM Support Act for the Nonproliferation and 
     Disarmament Fund, section 23 of the Arms Export Control Act 
     or the Foreign Assistance Act of 1961 for demining 
     activities, the clearance of unexploded ordnance, and related 
     activities, notwithstanding any other provision of law, 
     including activities implemented through nongovernmental and 
     international organizations, section 301 of the Foreign 
     Assistance Act of 1961 for a voluntary contribution to the 
     International Atomic Energy Agency (IAEA) and a voluntary 
     contribution to the Korean Peninsula Energy Development 
     Organization (KEDO), and for a United States contribution to 
     the Comprehensive Nuclear Test Ban Treaty Preparatory 
     Commission: Provided, That the Secretary of State shall 
     inform the Committees on Appropriations at least twenty days 
     prior to the obligation of funds for the Comprehensive 
     Nuclear Test Ban Treaty Preparatory Commission: Provided 
     further, That of this amount not to exceed $15,000,000, to 
     remain available until expended, may be made available for 
     the Nonproliferation and Disarmament Fund, notwithstanding 
     any other provision of law, to promote bilateral and 
     multilateral activities relating to nonproliferation and 
     disarmament: Provided further, That such funds may also be 
     used for such countries other than the New Independent States 
     of the former Soviet Union and international organizations 
     when it is in the national security interest of the United 
     States to do so: Provided further, That such funds shall be 
     subject to the regular notification procedures of the 
     Committees on Appropriations: Provided further, That of the 
     funds appropriated under this heading not less than 
     $35,000,000 should be made available for demining, clearance 
     of unexploded ordnance, and related activities: Provided 
     further, That of the funds made available for demining and 
     related activities, not to exceed $500,000, in addition to 
     funds otherwise available for such purposes, may be used for 
     expenses related to the operation and management of the 
     demining program: Provided further, That funds appropriated 
     under this heading may be made available for the 
     International Atomic Energy Agency only if the Secretary of 
     State determines (and so reports to the Congress) that Israel 
     is not being denied its right to participate in the 
     activities of that Agency.

----------

               TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE

                 prohibition on financing nuclear goods

       Sec. 506. None of the funds appropriated or made available 
     (other than funds for ``Nonproliferation, Anti-terrorism, 
     Demining and Related Programs'') pursuant to this Act, for 
     carrying out the Foreign Assistance Act of 1961, may be used, 
     except for purposes of nuclear safety, to finance the export 
     of nuclear equipment, fuel, or technology.

----------


       PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES

       Sec. 528. (a) Notwithstanding any other provision of law, 
     funds appropriated for bilateral assistance under any heading 
     of this Act and funds appropriated under any such heading in 
     a provision of law enacted prior to enactment of this Act, 
     shall not be made available to any country which the 
     President determines--
       (1) grants sanctuary from prosecution to any individual or 
     group which has committed an act of international terrorism, 
     or
       (2) otherwise supports international terrorism.
       (b) The President may waive the application of subsection 
     (a) to a country if the President determines that national 
     security or humanitarian reasons justify such waiver. The 
     President shall publish each waiver in the Federal Register 
     and, at least fifteen days before the waiver takes effect, 
     shall notify the Committees on Appropriations of the waiver 
     (including the justification for the waiver) in accordance 
     with the regular notification procedures of the Committees on 
     Appropriations.

----------

  Prohibition on Assistance to Foreign Governments that Export Lethal 
   Military Equipment to Countries Supporting International Terrorism

       Sec. 551. (a) None of the funds appropriated or otherwise 
     made available by this Act may be available to any foreign 
     government which provides lethal military equipment to a 
     country the government of which the Secretary of State has 
     determined is a terrorist government for purposes of section 
     40(d) of the Arms Export Control Act or any other comparable 
     provision of law. The prohibition under this section with 
     respect to a foreign government shall terminate 12 months 
     after that government ceases to provide such military 
     equipment. This section applies with respect to lethal 
     military equipment provided under a contract entered into 
     after October 1, 1997.
       (b) Assistance restricted by subsection (a) or any other 
     similar provision of law, may be furnished if the President 
     determines that furnishing such assistance is important to 
     the national interests of the United States.
       (c) Whenever the waiver of subsection (b) is exercised, the 
     President shall submit to the appropriate congressional 
     committees a report with respect to the furnishing of such 
     assistance. Any such report shall include a detailed 
     explanation of the assistance estimated to be provided, 
     including the estimated dollar amount of such assistance, and 
     an explanation of how the assistance furthers United States 
     national interests.


[Congressional Record: October 19, 1998 (House)] [Page H11095-H11145] From the Congressional Record Online via GPO Access [wais.access.gpo.gov] [DOCID:cr19oc98-28] [[pp. H11095-H11145]] CONFERENCE REPORT ON H.R. 4328, MAKING OMNIBUS CONSOLIDATED AND EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 1999 ---------- national commission on terrorism Sec. 591. (a) Establishment of National Commission on Terrorism.-- (1) Establishment.--There is established a national commission on terrorism to review counter-terrorism policies regarding the prevention and punishment of international acts of terrorism directed at the United States. The commission shall be known as ``The National Commission on Terrorism''. (2) Composition.--The commission shall be composed of 10 members appointed as follows: (A) Three members shall be appointed by the Majority Leader of the Senate. (B) Three members shall be appointed by the Speaker of the House of Representatives. (C) Two members shall be appointed by the Minority Leader of the Senate. (D) Two members shall be appointed by the Minority Leader of the House of Representatives. (E) The appointments of the members of the commission should be made no later than 3 months after the date of the enactment of this Act. (3) Qualifications.--The members should have a knowledge and expertise in matters to be studied by the commission. (4) Chair.--The Speaker of the House of Representatives, after consultation with the majority leader of the Senate and the minority leaders of the House of Representatives and the Senate, shall designate one of the members of the Commission to serve as chair of the Commission. (5) Period of appointment: vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall be filled in the same manner as the original appointment. (6) Security clearances.--All Members of the Commission should hold appropriate security clearances. (b) Duties.-- (1) In general.--The commission shall consider issues relating to international terrorism directed at the United States as follows: (A) Review the laws, regulations, policies, directives, and practices relating to counterterrorism in the prevention and punishment of international terrorism directed towards the United States. (B) Assess the extent to which laws, regulations, policies, directives, and practices relating to counterterrorism have been effective in preventing or punishing international terrorism directed towards the United States. At a minimum, the assessment should include a review of the following: (i) Evidence that terrorist organizations have established an infrastructure in the western hemisphere for the support and conduct of terrorist activities. (ii) Executive branch efforts to coordinate counterterrorism activities among Federal, State, and local agencies and with other nations to determine the effectiveness of such coordination efforts. (iii) Executive branch efforts to prevent the use of nuclear, biological, and chemical weapons by terrorists. (C) Recommend changes to counterterrorism policy in preventing and punishing international terrorism directed toward the United States. (2) Report.--Not later than 6 months after the date on which the Commission first meets, the Commission shall submit to the President and the Congress a final report of the findings and conclusions of the commission, together with any recommendations. (c) Administrative Matters.-- (1) Meetings.-- (A) The commission shall hold its first meeting on a date designated by the Speaker of the House which is not later than 30 days after the date on which all members have been appointed. (B) After the first meeting, the commission shall meet upon the call of the chair. (C) A majority of the members of the commission shall constitute a quorum, but a lesser number may hold meetings. (2) Authority of individuals to act for commission.--Any member or agent of the commission may, if authorized by the commission, take any action which the commission is authorized to take under this section. (3) Powers.-- (A) The commission may hold such hearings, sit and act at such times and places, take such [[Page H11101]] testimony, and receive such evidence as the commission considers advisable to carry out its duties. (B) The commission may secure directly from any agency of the Federal Government such information as the commission considers necessary to carry out its duties. Upon the request of the chair of the commission, the head of a department or agency shall furnish the requested information expeditiously to the commission. (C) The commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (4) Pay and expenses of commission members.-- (A) Subject to appropriations, each member of the commission who is not an employee of the government shall be paid at a rate not to exceed the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in performing the duties of the commission. (B) Members and personnel for the commission may travel on aircraft, vehicles, or other conveyances of the Armed Forces of the United States when travel is necessary in the performance of a duty of the commission except when the cost of commercial transportation is less expensive. (C) The members of the commission may be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the commission. (D)(i) A member of the commission who is an annuitant otherwise covered by section 8344 of 8468 of title 5, United States Code, by reason of membership on the commission shall not be subject to the provisions of such section with respect to membership on the commission. (ii) A member of the commission who is a member or former member of a uniformed service shall not be subject to the provisions of subsections (b) and (c) of section 5532 of such title with respect to membership on the commission. (5) Staff and administrative support.-- (A) The chairman of the commission may, without regard to civil service laws and regulations, appoint and terminate an executive director and up to three additional staff members as necessary to enable the commission to perform its duties. The chairman of the commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51, and subchapter III of chapter 53, of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay may not exceed the maximum rate of pay for GS-15 under the General Schedule. (B) Upon the request of the chairman of the commission, the head of any department or agency of the Federal Government may detail, without reimbursement, any personnel of the department or agency to the commission to assist in carrying out its duties. The detail of an employee shall be without interruption or loss of civil service status or privilege. (d) Termination of Commission.--The commission shall terminate 30 days after the date on which the commission submits a final report. (e) Funding.--There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section.
[Congressional Record: October 19, 1998 (House)] [Page H11197-H11247] From the Congressional Record Online via GPO Access [wais.access.gpo.gov] [DOCID:cr19oc98-30] [[pp. H11197-H11247]] CONFERENCE REPORT ON H.R. 4328, MAKING OMNIBUS CONSOLIDATED AND EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 1999 [[Continued from page H11196]] ---------- TITLE II--ANTITERRORISM CHAPTER 1 DEPARTMENT OF JUSTICE Federal Bureau of Investigation Salaries and Expenses For an additional amount for ``Salaries and Expenses'', $21,680,000, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. DEPARTMENT OF STATE Administration of Foreign Affairs Diplomatic and Consular Programs Notwithstanding section 15 of the State Department Basic Authorities Act of 1956, an additional amount for ``Diplomatic and Consular Programs'', $773,700,000, to remain available until expended, of which $25,700,000 shall be available only to the extent that an official budget request that includes the designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided, That as determined by the Secretary of State, such funds may be used to procure services and equipment overseas necessary to improve worldwide security and reconstitute embassy operations in Kenya and Tanzania on behalf of any other agency: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Salaries and Expenses Notwithstanding section 15 of the State Department Basic Authorities Act of 1956, an additional amount for ``Salaries and Expenses'', $12,000,000, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Office of Inspector General Notwithstanding section 15 of the State Department Basic Authorities Act of 1956, an additional amount for ``Office of Inspector General'', $1,000,000, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Security and Maintenance of United States Missions Notwithstanding section 15 of the State Department Basic Authorities Act of 1956, an additional amount for ``Security and Maintenance of United States Missions'', $627,000,000, to remain available until expended; of which $56,000,000 is for security projects, relocations, and security equipment on behalf of missions of other U.S. Government agencies, which amount may be transferred to any appropriation for this purpose, to be merged with and available for the same time period as the appropriation to which transferred; and of which $185,000,000 is for capital improvements or relocation of office and residential facilities to improve security, which amount shall become available fifteen days after notice thereof has been transmitted to the Appropriations Committees of both Houses of Congress: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Emergencies in the Diplomatic and Consular Service Notwithstanding section 15 of the State Department Basic Authorities Act of 1956, an additional amount for ``Emergencies in the Diplomatic and Consular Service'', $10,000,000, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. CHAPTER 2 DEPARTMENT OF DEFENSE--MILITARY OPERATION AND MAINTENANCE Operation and Maintenance, Defense-Wide (Including Transfer of Funds) For an additional amount for ``Operation and Maintenance, Defense-Wide'', $358,427,000, to remain available for obligation until expended: Provided, That the Secretary of Defense may transfer these funds to fiscal year 1999 appropriations for operation and maintenance; procurement; research, development, test and evaluation; and family housing: Provided further, That the funds transferred shall be merged with and be available for the same purposes and for the same time period as the appropriation to which transferred: Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority available to the Department of Defense: Provided further, That the entire amount made available under this heading is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent that an official budget request for $358,427,000, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. GENERAL PROVISIONS, THIS CHAPTER Sec. 201. Maintenance and Operation of Equipment.--Section 374 of title 10, United States Code, is amended-- (1) in subsection (b)(1)(A), by striking ``or''; (2) in subsection (b)(1)(B), by striking the period at the end, inserting in lieu thereof a semicolon and the following new subparagraphs: ``(C) a foreign or domestic counter-terrorism operation; or ``(D) a rendition of a suspected terrorist from a foreign country to the United States to stand trial.''; (3) in subsection (b)(2)(F)(i)-- (A) by inserting ``along with any other civilian or military personnel who are supporting, or conducting, a joint operation with civilian law enforcement personnel;'' after ``the transportation of civilian law enforcement personnel''; and (B) by striking ``and''; (4) in subsection (b)(2)(F)(ii)-- (A) by inserting ``and supporting'' after ``the operation of a base of operations for civilian law enforcement''; (B) by striking the period at the end and inserting in lieu thereof ``; and''; and (C) by inserting at the end the following new clause: ``(iii) the transportation of suspected terrorists from foreign countries to the United States for trial (so long as the requesting Federal law enforcement agency provides all security for such transportation and maintains custody over the suspect through the duration of the transportation).''; (5) in subsection (b)(4)(A), by striking ``an'' and inserting in lieu thereof ``a Federal''; and (6) in subsection (b)(4)(A), by inserting a new clause ``(v) Any law, foreign or domestic, prohibiting terrorist activities.'' after ``(iv) The [[Page H11198]] Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.).''. (Including Transfer of Funds) Sec. 202. In addition to amounts appropriated or otherwise made available in the Department of Defense Appropriations Act, 1999, $50,000,000 is hereby appropriated, only to initiate and expand activities of the Department of Defense to prevent, prepare for, and respond to a terrorist attack in the United States involving weapons of mass destruction: Provided, That $35,000,000 of the funds made available in this section shall be transferred to the following accounts in the specified amounts: ``National Guard Personnel, Army'', $4,000,000; ``National Guard Personnel, Air Force'', $1,000,000; ``Operation and Maintenance, Army'', $2,000,000; ``Operation and Maintenance, Army National Guard'', $20,000,000; and ``Procurement, Defense-Wide'', $8,000,000: Provided further, That of the funds made available in this section, $15,000,000 shall be transferred to ``Research, Development, Test and Evaluation, Army'', only to develop and support a long term, sustainable Weapons of Mass Destruction emergency preparedness training program: Provided further, That funds transferred pursuant to this section shall be merged with and be available for the same purposes and for the same time period as the appropriation to which transferred: Provided further, That the transfer authority provided in this section is in addition to any other transfer authority available to the Department of Defense: Provided further, That the entire amount provided in this section is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent that an official budget request for $50,000,000, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Sec. 203. In addition to amounts appropriated or otherwise made available in the Department of Defense Appropriations Act, 1999, $120,500,000, to remain available for obligation until expended, is appropriated to the proper accounts within the Department of the Air Force: Provided, That the additional amount shall be made available only for the provision of crisis response aviation support for critical national security, law enforcement and emergency response agencies: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent that an official budget request for $120,500,000, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That the President of the United States shall submit to the Congress by March 15, 1999, an interagency agreement for the utilization of Department of Defense assets to support the crisis response requirements of the Federal Bureau of Investigation and the Federal Emergency Management Agency. CHAPTER 3 FUNDS APPROPRIATED TO THE PRESIDENT International Security Assistance Economic Support Fund (Including transfers of funds) Notwithstanding section 10 of Public Law 91-672, for an additional amount for ``Economic Support Fund'' for assistance for Kenya and Tanzania, $50,000,000, to remain available until September 30, 2000: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That funds appropriated under this paragraph may be made available for administrative costs associated with assistance provided under this paragraph: Provided further, That $2,500,000 shall be transferred to and merged with ``Operating Expenses of the Agency for International Development'' for security and related expenses: Provided further, That $1,269,000 shall be transferred to and merged with ``Peace Corps'' for security and related expenses: Provided further, That the transfers authorized in the preceding provisos shall be in addition to sums otherwise available for such purposes: Provided further, That funds appropriated under this paragraph shall only be available through the regular notification procedures of the Committees on Appropriations. Nonproliferation, Anti-Terrorism, Demining and Related Programs Notwithstanding section 15 of the State Department Basic Authorities Act of 1956 and section 10 of Public Law 91-672, for an additional amount for ``Nonproliferation, Anti- Terrorism, Demining and Related Programs'' for anti-terrorism assistance, $20,000,000, to remain available until September 30, 2000: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. CHAPTER 4 DEPARTMENT OF THE INTERIOR National Park Service Operation of the National Park System For an additional amount for ``Operation of the National Park System'' for emergency security related expenses, $2,320,000, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Construction For an additional amount for ``Construction'' for emergency security related expenses, $3,680,000, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. CHAPTER 5 ARCHITECT OF THE CAPITOL Capitol Visitor Center For necessary expenses for the planning, engineering, design, and construction, as each such milestone is approved by the Committee on Rules and Administration of the Senate, the Committee on House Oversight of the House of Representatives, the Committees on Appropriations of the House of Representatives and of the Senate, and other appropriate committees of the House of Representatives and of the Senate, of a new facility to provide greater security for all persons working in or visiting the United States Capitol and to enhance the educational experience of those who have come to learn about the Capitol building and Congress, $100,000,000, to be supplemented by private funds, which shall remain available until expended: Provided, That Section 3709 of the Revised Statutes of the United States (41 U.S.C. 5) shall not apply to the funds made available under this heading: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. CAPITOL POLICE BOARD Security Enhancements For the Capitol Police Board for security enhancements to the Capitol complex, including the buildings and grounds of the Library of Congress, $106,782,000, to remain available until expended: Provided, That such security enhancements shall be carried out in accordance with a plan or plans approved by the Committee on House Oversight of the House of Representatives, the Committee on Rules and Administration of the Senate, the Committee on Appropriations of the House of Representatives, and the Committee on Appropriations of the Senate: Provided further, That the Capitol Police Board shall transfer to the Architect of the Capitol such portion of the funds made available under this heading as the Architect may require for expenses necessary to provide support for the security enhancements, subject to the approval of the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate: Provided further, That the Capitol Police Board shall transfer to the Librarian of Congress such portion of the funds made available under this heading as the Librarian may require for expenses necessary to provide support for the security enhancements, subject to the approval of the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. GENERAL PROVISION, THIS CHAPTER The responsibility for design, installation, and maintenance of security systems to protect the physical security of the buildings and grounds of the Library of Congress is transferred from the Architect of the Capitol to the Capitol Police Board. Such design, installation, and maintenance shall be carried out under the direction of the Committee on House Oversight of the House of Representatives and the Committee on Rules and Administration of the Senate, and without regard to section 3709 of the Revised Statutes of the United States (41 U.S.C. 5). Any alteration to a structural, mechanical, or architectural feature of the buildings and grounds of the Library of Congress that is required for a security system under the preceding sentence may be carried out only with the approval of the Architect of the Capitol. CHAPTER 6 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Facilities and Equipment (Airport and Airway Trust Fund) For an additional amount for ``Facilities and Equipment'', $100,000,000, for necessary expenses for acquisition, installation and related activities supporting the deployment of bulk and trace explosives detection systems and other advanced security equipment at airports in the United States, to remain available until September 30, 2001: Provided, That the entire amount shall be available only to the extent an official budget request for a specific dollar amount that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That the entire amount is designated as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. CHAPTER 7 DEPARTMENT OF THE TREASURY Federal Law Enforcement Training Center Salaries and Expenses For an additional amount for ``Salaries and Expenses'', $3,548,000, to remain available until [[Page H11199]] expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. United States Secret Service Salaries and Expenses For an additional amount for ``Salaries and Expenses'', $80,808,000, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
[Congressional Record: October 19, 1998 (House)] [Page H11299-H11349] From the Congressional Record Online via GPO Access [wais.access.gpo.gov] [DOCID:cr19oc98-32] [[pp. H11299-H11349]] CONFERENCE REPORT ON H.R. 4328, MAKING OMNIBUS CONSOLIDATED AND EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 1999 [[Continued from page H11298]] ---------- SECTION 101 (b): DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 1999 The conferees on H.R. 4328 agree with the matter inserted in this subsection of this conference agreement and the following description of this matter. This matter was developed through negotiations on the differences in the House and Senate versions of H.R. 4276, the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999, by members of the appropriations subcommittee of both the House and Senate with jurisdiction over H.R. 4276. The legislative intent in the House and Senate versions in H.R. 4276 is set forth in the accompanying House report (H. Rept. 105-636) and the accompanying Senate report (S. Rept. 105-235). TITLE I--DEPARTMENT OF JUSTICE COUNTERTERRORISM FUND The conference agreement includes $145,000,000 in direct appropriations for the Counterterrorism Fund, instead of $89,200,000 as proposed in the House bill and $193,999,000 as proposed in the Senate bill. The conference agreement includes $10,000,000 from the Counterterrorism Fund for the National Critical Infrastructure Protection Center (NIPC), instead of $19,999,000 proposed in the Senate bill. The NIPC was established in fiscal year 1998 as the Computer Intrusion Threat Assessment Center (CITAC). The House bill did not propose funding NIPC from the Fund, but instead provided resources under the Federal Bureau of Investigations (FBI) Salaries and Expenses account. The conference agreement appropriates a total of $43,542,000 for the NIPC, $28,677,000 above the fiscal year 1998 level, of which $10,000,000 is provided in this account and $33,542,000 is provided in the FBI Salaries and Expenses account. Should funds become available in the Department of Justice Working Capital Fund, the Attorney General is encouraged to provide additional support to the NIPC, if warranted. The conference agreement does not include provisions, recommended in the Senate bill, to expand the use of the Fund to reimburse other Federal agencies for their operational costs associated with participation in the NIPC, as such action is inconsistent with the manner in which other interagency activities, such as the FBI's Counterterrorism Center, are currently funded. The Department of Justice and other Federal agencies are expected to cooperate to the fullest extent of their authorities and expertise in the response planning, prevention, detection, deterrence and elimination of vulnerabilities to our Nation's critical infrastructure. These agencies are encouraged to ensure that the resources required to protect these critical infrastructures are given a high priority within each agency's programs and initiatives. In addition, the conference agreement provides $135,000,000 to continue the initiative begun in fiscal year 1998 to assist States and localities in becoming fully prepared to respond to the increasing threat of chemical and biological attacks resulting from incidents of domestic and international terrorism. In many instances, the Nation's front line response capability for a domestic chemical or biological terrorist incident rests with these agencies, including firefighters, emergency services personnel, law enforcement, bomb technicians, and other emergency response personnel. To ensure that these ``first responders'' are equipped and prepared to meet this challenge, the conference agreement includes the following: --First Responders Equipment Acquisition Program.-- $75,500,000 to provide personnel protective gear, and detection, decontamination, and communications equipment to be targeted to the 157 largest cities and localities, as well as the States. Of this amount, $4,000,000 is for equipment for the National Domestic Preparedness Consortium to be distributed as described below under Training; and $2,000,000 is for transfer to the Office of Justice Programs (OJP) for management and administration of this and other related grant and training programs. The Attorney General is encouraged to use OJP for the administration and management of the equipment purchasing and training programs. --Municipal Fire and Emergency Services.--$25,000,000 to expand equipment and training programs targeted specifically to municipal [[Page H11304]] fire and emergency services departments as follows: (1) $16,000,000 for grants of equipment directly to local fire departments, hazardous materials response teams, and emergency medical services agencies; (2) $4,000,000 for interoperable radio equipment for local emergency response agencies; and (3) $5,000,000 for training and assistance to these entities as authorized by section 819 of the Antiterrorism and Effective Death Penalty Act of 1996. This funding is in addition to amounts otherwise available for these agencies under the First Responders Equipment Acquisition program. --State and Local Bomb Technician Equipment.--$25,000,000 is expected to be provided by the Attorney General for this purpose, should funds be available in the Department of Justice Working Capital Fund. --Training.--$18,000,000 to support training activities. Of this amount, $16,000,000 is to support the activities of the National Domestic Preparedness Consortium. The following Consortium members are to receive $2,000,000 each from these training programs: the National Energetic Materials Research and Testing Center, New Mexico Institute of Mining and Technology; the National Center for Bio-Medical Research and Training, Louisiana State University; the National Emergency Response and Rescue Training Center, Texas A&M University; and the National Exercise, Test, and Training Center, Nevada test site. Each of these Consortium members are to receive an additional $1,000,000 from the equipment grant program. Further, the conference agreement includes $8,000,000 for the Center for Domestic Preparedness, Fort McClellan, AL within the training program. Funding is to be provided by OJP directly to each member of the Consortium. OJP is expected to utilize the Consortium members to the fullest extent possible, including the Consortium members' existing facilities, resources and expertise, to support cooperative programs to achieve cost-effective delivery of equipment, technical assistance, training and situational exercises. To maximize training accessibility, multiple facilities and expertise must be utilized, requiring parallel efforts to be coordinated between OJP and Consortium members. In addition, the conference agreement appropriates $2,000,000 from the Fund for State and local law enforcement training activities. Funding for this activity was previously included under the Bureau of Justice Assistance account. The conference agreement does not provide funding in the Fund for State and local bomb technician training, and instead addresses this matter under the FBI Salaries and Expenses account. --Situational Exercises.--$3,500,000 is for situational exercises to ensure that first responders training includes real-life situations. The conference agreement adopts the recommendation and direction included in the Senate report regarding a Topoff exercise. --Technical Assistance/Needs Assessment.--$3,000,000 for technical assistance and a needs assessment, of which $1,000,000 shall be used to conduct a needs assessment in accordance with the direction in the House report. The Attorney General is expected to provide the results of this assessment to the House and Senate Committees on Appropriations no later than March 1, 1999. --Counterterrorism Technologies.--$10,000,000 for the development of technologies to help State and local law enforcement combat terrorism, as authorized by section 821 of the Antiterrorism and Effective Death Penalty Act of 1996. The Attorney General is expected to follow the guidance included in the Senate report regarding simulations of dispersion and deposition of chemical and biological aerosols. In addition to the amounts provided in this bill, unobligated balances of $26,782,915 remain available from previous appropriations for authorized purposes of this Fund. The Attorney General should utilize $1,000,000 from these balances for an alternative crisis management/relocation facility to carry on essential Department functions in the event the Department, or one of its components, is denied access to its facility for various reasons, such as a terrorist act. As directed in the fiscal year 1998 conference report, the Attorney General is expected to submit a comprehensive 5-year interdepartmental counterterrorism and technology crime plan no later than December 31, 1998. This plan will cover a broad range of topics encompassing the Nation's efforts to prevent and deter terrorist attacks, as well as manage a crisis created by a terrorist incident. The Attorney General and other department and agency heads who participated in this comprehensive effort are to be commended for their efforts. This plan will serve as a baseline strategy for coordination of a national policy and operational capabilities to combat all forms of terrorism. The conference agreement includes bill language, modified from both the House and Senate bills, setting forth the purposes for which the Fund can be used, and making funds available for such purposes. In addition, bill language is not included, as recommended in the Senate bill as Senate Section 117 under general provisions within this title, which would have required submission of the specific dollar amounts budgeted for counterterrorism activities Government-wide with the Analytical Perspectives Volume beginning with the fiscal year 2000 budget request. However, the Attorney General is expected to work with the Office of Management and Budget to ensure that such information is included. ---------- TELECOMMUNICATIONS CARRIER COMPLIANCE FUND The conference agreement does not include funding for the Telecommunications Carrier Compliance Fund to reimburse equipment manufacturers and telecommunications carriers and providers of telecommunications support services for implementation of the Communications Assistance for Law Enforcement Act (CALEA). Neither the House nor Senate bills provided new direct appropriations into the fund. Should funding be necessary in fiscal year 1999, the Attorney General is expected to utilize $102,580,270 in unobligated balances currently available in the fund. For the past three years, the Department of Justice and the telecommunications industry have been urged to resolve their differences on the implementation of CALEA. Despite those efforts, CALEA implementation is now almost four years behind schedule because the industry and law enforcement have failed to reach agreement on CALEA technical standards. Since March 1998, the Federal Communications Commission (FCC) has been reviewing those standards as envisioned under CALEA. On September 11, 1998, the FCC issued an order extending the October 25, 1998 statutory compliance date until at least June 30, 2000. The FCC took this action because the final technical standards are still under review. Law enforcement, industry and privacy groups agree that the FCC should define the capability standard for CALEA compliance, as envisioned under CALEA. The FCC is urged to act quickly to resolve this issue. ---------- Federal Bureau of Investigation salaries and expenses The conference agreement includes $2,971,448,000 for the Federal Bureau of Investigation (FBI), instead of $2,977,258,000 as proposed in the House bill and $2,956,461,000 as proposed in the Senate bill, of which $223,356,000 is provided from the Violent Crime Reduction Trust Fund (VCRTF), instead of $215,356,000 as recommended in the House bill, and $433,124,000 as recommended in the Senate bill. In addition, the conference agreement provides that not less than $292,473,000 shall be used for counterterrorism investigations, foreign counterintelligence, and other activities related to national security, instead of $282,473,000 as proposed by the House and $233,473,000 as proposed by the Senate bill. Further, the FBI is directed to transfer $10,000,000 in unobligated user fees for fiscal year 1998 to the Department of Justice Working Capital Fund. This statement of managers reflects the distribution of the funding provided in the conference report. The conference agreement provides $70,104,000 for requested adjustments to base, including the costs to annualize 429 positions provided in fiscal year 1998, offset by $86,783,000 in base reductions for non-recurring costs resulting from reduced requirements necessary to complete the Integrated Automated Fingerprint Identification System (IAFIS) and equipment provided for in fiscal year 1998. Should funds be available in the Working Capital Fund, the Attorney General is expected to provide $6,000,000 for microwave replacement base funding requirements. The conference agreement includes the following program increases: Counterterrorism Initiative.--Again this year, the conferees have included increases for the FBI to address the increasing threat of domestic and international terrorism, including the growing threats of cybercrime and weapons of mass destruction, building upon the $157,743,000 Counterterrorism Initiative provided in fiscal year 1998. The conference agreement provides program increases to enhance the FBI's capability to address terrorism, including: (1) $9,165,000 to support 93 positions (56 agents) and 47 full- time equivalents (FTE), to enable the FBI to establish four additional Computer Intrusion Threat Assessment (CITA) field squads, including $465,000 to equip these new squads; (2) $442,000 to support 9 positions and 4 FTE to provide increased coverage for the Watch and Warning Analysis Unit; (3) $500,000 to support training programs related to computer crime detection; and (4) $670,000 to provide 6 positions (2 agents) and 3 FTE to enhance the staffing of the Hazardous Materials Response Unit. Additional resources are also included in the Counterterrorism Fund to further augment the FBI's National Information Protection Center (NIPC), previously named the Computer Intrusion Threat Assessment Center (CITAC). Further, should funds be available in the Working Capital Fund, the Attorney General should provide funding for the following purposes: $4,250,000 to establish an early warning system in the NIPC; $4,000,000 for chemical and biological detection equipment for FBI bomb technicians and Evidence Response Teams; and $2,900,000 for training at the Hazardous Devices School. Within the resources available, the FBI is expected to provide $2,300,000 for ongoing training activities at the Hazardous Devices School, and $3,200,000 for joint counterterrorism task force operations in fiscal year 1999. In addition, the FBI is expected to comply with the direction included in the Senate report regarding integration of FBI and Drug Enforcement Administration training. Infrastructure Requirements.--The conference agreement provides an increase of $42,050,000 and 20 positions to enable the FBI to improve its information systems by re- engineering its investigative, intelligence, and administrative automated data processing systems. This amount is in addition to $20,000,000 in base funding identified for this requirement, resulting in a total availability of $62,050,000 for this effort in fiscal year 1999. Of this amount, $2,050,000 is provided in direct appropriations to provide for additional staffing requirements to implement this initiative. The Attorney General is expected to provide an additional $40,000,000 from the Working Capital Fund should such funds be available. Further, the Department of Justice and the FBI are directed to follow the direction included in the House report regarding the obligation of funds for this initiative. National Instant Criminal Background Check System.--The conference agreement includes a total of $42,000,000 for operations of the permanent National Instant Criminal Background Check System (NICS). Of this amount, $22,000,000 is new direct appropriations. In addition, the Attorney General is expected to provide an additional $20,000,000 from available balances in the Working Capital Fund to fully fund the costs of the NICS system in fiscal year 1999. The fiscal year 1999 budget request for the FBI included no direct funding for this system, and instead proposed to finance the operation of this system through a user fee. The conference agreement includes a provision under title VI of this Act which prohibits the FBI from charging a fee for NICS checks, and instead provides funding to the FBI for the costs to implement this system. The FBI and the Department of Justice are expected to include funding for the operations of the NICS system in the fiscal year 2000 budget submission. Additionally, the FBI is expected to pursue proposals to increase the number of states serving as points of contact for the NICS system. Criminal justice and other records available for performing background checks at the State level are generally the most complete and readily available records, which would ensure more timely and thorough responses to NICS inquiries. Indian Country Law Enforcement.--The conference agreement includes $4,657,000 to support 50 positions (30 agents) and 25 FTE to implement two new Safe Trails Task Forces and to enhance four current task forces. Within the amounts provided, the FBI is expected to provide investigative equipment and supplies, operational case funds, and forensic services to support these task forces. Housing Fraud Initiative.--The conference agreement provides $1,500,000 and 11 positions to support FBI's participation in the Housing Fraud Initiative being conducted by the Department of Housing and Urban Development Inspector General. Crimes Against Children.--The conference agreement includes $5,204,000 to enhance the FBI's capability to combat child abductions and serial killings. Within this amount, $3,439,000 is for the child abduction and serial killer unit to enhance staffing, establish a police fellows program for training local investigators, and provide training to State and local law enforcement. In addition, $1,765,000 is included to enhance staffing of the Violent Criminal Apprehension Program to provide more timely assistance to State and local law enforcement. Criminal Justice Services.--The conference agreement includes an increase of $8,110,000 for support of Criminal Justice Information Services Division (CJIS) facilities and systems to be allocated in accordance with the direction included in the Senate report. The FBI is expected to allocate sufficient personnel to ensure the timely processing of criminal background checks for school bus drivers and teachers. Bill language is also included, as proposed by the House, designating $1,500,000 for an independent office for automation of fingerprint services. The Senate bill contained similar language. Foreign Counterintelligence Program.--An increase of $2,500,000 is provided for the FBI's National Foreign Counterintelligence Program for a counterintelligence investigation enhancement as recommended in the Senate bill. Within available fiscal year 1999 funding, the FBI may implement the additional authorizations contained in the Intelligence Authorization Act for Fiscal Year 1999. Violent Crime Reduction Program.--The conference agreement includes $223,356,000, derived from the Violent Crime Reduction Trust Fund, for FBI activities authorized by the Violent Crime Control and Law Enforcement Act of 1994, as amended, and the Antiterrorism and Effective Death Penalty Act. From within these funds, the FBI is expected to provide funding in accordance with the direction included in the House report regarding grants for State computerized identification systems and automated fingerprint identification systems, support for [[Page H11307]] FBI's Combined DNA Identification Systems (CODIS), and support for investigative assistance and training. ---------- Immigration and Naturalization Service Interior enforcement.--The conference agreement includes the following increases to enhance INS' ability to deport illegal aliens: 1) $21,800,000 for Quick Response Teams (QRTs) to work directly with State and local law enforcement officers to take into custody and remove illegal aliens, in accordance with the House report, including a report to the Committees on its strategy on their use and deployment plans by December 1, 1999 and quarterly reports on its progress, and improved response rates; 2) $3,112,000 for participation in joint task forces on terrorism, to assist in the identification and apprehension of alien terrorists; 3) $3,000,000 to expand the Law Enforcement Support Center (LESC), as in the Senate report; 4) $9,400,000 for activation of 400 beds at Port Isabel; 5) $1,971,000 for an additional 126 beds for juvenile detention space; and 6) $1,600,000 for four dedicated commuter lanes, as in the Senate report. ---------- JUSTICE ASSISTANCE The conference agreement includes $147,151,000 for Justice Assistance, instead of $195,000,000 as proposed in the House bill and $170,151,000 as proposed in the Senate bill. The conference agreement provides the following: National Institute of Justice...............................$46,148,000 Defense/Law Enforcement Technology Transfer..............(10,277,000) DNA Technology R&D Program....................................(5,000) Bureau of Justice Statistics.................................25,029,000 Missing Children.............................................17,168,000 Regional Information Sharing System......................\1\ 20,000,000 National White Collar Crime Center............................7,350,000 Grants to Firefighters and Emergency Service Personnel..\2\ (5,000,000) State and Local Antiterrorism Training..................\2\ (2,000,000) Counterterrorism Technology............................\2\ (10,000,000) Management and Administration................................31,456,000 ________________ Total...................................................147,151,000 \1\ $5,000,000 included in COPS Technology, for a total of $25,000,000. \2\ Included under the Counterterrorism Fund. ---------- General Provisions--Department of Justice The conference agreement includes the following general provisions for the Department of Justice: Sec. 106.--The conference agreement includes section 106 as proposed by both the House and Senate bills, which allows the Department of Justice to spend up to $10,000,000 for rewards for information regarding acts of terrorism against a United States person or property at levels not to exceed $2,000,000 per reward. Sec. 115.--The conference agreement includes a new provision, modified from the Senate bill, authorizing the Attorney General to waive certain Federal acquisition rules and regulations in certain instances related to counterterrorism, national security, or computer crime investigations and prosecutions. The House bill did not address this matter. ---------- TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES TRADE AND INFRASTRUCTURE DEVELOPMENT RELATED AGENCIES DEPARTMENT OF COMMERCE Export Administration OPERATIONS AND ADMINISTRATION The conference agreement includes $52,331,000 for the Bureau of Export Administration (BXA), instead of $47,777,000 as proposed in the House bill, and $45,496,000 as proposed in the Senate bill. The conference agreement assumes $2,000,000 will be available from prior year carryover, resulting in total availability of $48,331,000. Of this amount, $23,646,000 is for Export Administration; $21,505,000 is for Export Enforcement; and $3,180,000 is for Management and Policy Coordination. The conferees note that over the last two years, BXA has received $1,800,000 in increased funding for additional responsibilities resulting from the transfer of certain export control functions from the Department of State. The conferees understand that the National Defense Authorization Act of 1999 transfers these responsibilities back to the Department of State, thus eliminating these additional duties. Therefore, while the conference agreement does not include $1,729,000 for requested program increases for Export Enforcement, BXA is expected to submit a reprogramming in accordance with section 605 of this Act reallocating resources to the highest priority enforcement activities within BXA. In addition, the conference agreement provides $2,650,000 for Chemical Weapons Convention implementation activities, instead of $3,503,000 as requested, due to continued delays in the enactment of implementation legislation. The conference agreement also includes bill language, as proposed in the House bill, requiring congressional notification prior to the processing of licenses for the export of satellites systems to the People's Republic of China. The conferees expect such notifications to be made jointly with the Department of State. Presidential Decision Directive 63 (PDD-63) recommended that BXA assume responsibility for the Critical Infrastructure Assurance Office (CIAO) in fiscal year 1999. The CIAO provides the policy and coordination support for the President's Critical Infrastructure Protection Initiative. While the budget requested that the CIAO be funded through the Department of Justice Counterterrorism Fund, the conference agreement does not allow for the expansion of this Fund to pay for the operational costs of other Federal agencies participating in this government-wide initiative. Instead, the conference agreement includes $6,000,000 for the CIAO within the Department of Commerce. However, protection of our nation's critical infrastructure should be a priority for all Federal agencies, and as such, should be reflected within each agency's budget. Therefore, while the conference agreement includes additional funds to pay the costs for all agencies' participation in the CIAO, future budget requests shall be consistent with the recommendations of PDD-63 which requires each agency to provide support to the CIAO on a non- reimbursable basis.
[Congressional Record: October 19, 1998 (House)] [Page H11350-H11400] From the Congressional Record Online via GPO Access [wais.access.gpo.gov] [DOCID:cr19oc98-33] [[pp. H11350-H11400]] CONFERENCE REPORT ON H.R. 4328, MAKING OMNIBUS CONSOLIDATED AND EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 1999 [[Continued from page H11349]] ---------- TITLE II--BILATERAL ECONOMIC ASSISTANCE Nonproliferation, Anti-terrorism, Demining and Related Programs The conference agreement appropriates $198,000,000 for ``Nonproliferation, Anti-Terrorism, Demining and Related Programs'' instead of $170,000,000 as proposed by the Senate and $152,000,000 as proposed by the House. ---------- sec. 591. national commission on terrorism The conference agreement includes a provision proposed by the House establishing a 10 member National Commission on Terrorism to review national counterterrorism policies and make recommendations to the Congress and the President on combating international terrorism. The Commission will consist of experts in the field of terrorism and may include members of Congress. Three members will be appointed by the Speaker, three by the Senate Majority Leader, two by the Minority Leader in the House, and two by the Minority Leader in the Senate. The Commission will issue its final report within six months of its initial meeting. Members of this Commission will require appropriate security clearances to carry out the duties of the Commission and the conferees encourage the executive branch to consider Commission requests for security clearances on a priority basis and in a manner fully consistent with all national security requirements. ---------- HEALTH CARE FINANCING ADMINISTRATION Public Health and Social Services Emergency Fund The conference agreement includes an emergency allocation of $216,922,000 within the Public Health and Social Services Emergency Fund, to be made available only to the extent that an official budget request for $216,922,000, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985. The Senate bill identified $300,000,000 for these activities as emergency funding and the House bill identified $51,000,000 in the Centers for Disease Control only for the pharmaceutical stockpile activity. The fund addresses the Administration request for bioterrorism and related activities as well as for bolstering public health infrastructure, conducting studies regarding health and national security, and combating certain infectious diseases. The conference agreement also includes a provision that would require the Department of Health and Human Services to submit, prior to the obligation of funds, an operating plan to the House and Senate Committees on Appropriations. The amount provided includes $154,750,000 for the Centers for Disease Control and Prevention for the following activities: $1,000,000 for the development of an overall preparedness plan; $1,000,000 to enhance technical capabilities to identify certain biological agents; $1,750,000 for conducting independent studies of health and bioterrorism threats specified in the Senate report; $2,000,000 to assist States in developing emergency preparedness and response plans; $2,000,000 to expand the CDC Epidemic Intelligence Service; $2,000,000 for regional laboratories for measuring chemical exposures; $5,000,000 to better identify potential biological and chemical terrorism agents; $5,000,000 to develop new sources and methods for surveillance; $5,000,000 to develop rapid toxic screening; $5,000,000 for the environmental health laboratory; $7,000,000 to strengthen State and local epidemiological and surveillance capacity; $11,000,000 for regional laboratories for detecting and measuring biological and chemical agents; $28,000,000 to establish a national health alert network; $20,000,000 for polio eradication activities; and $8,000,000 for measles eradication activities. The amount also includes bill language designating $51,000,000 to remain available until expended for the CDC to establish a pharmaceutical and vaccine stockpile for civilian populations. The House bill provided for this activity at CDC as non-emergency funding. The Senate bill provided for this activity at the Office of Emergency Preparedness. The amount provided also includes $12,172,000 for the Office of the Secretary for the following activities: $2,500,000 for the Office of Emergency Preparedness for a national disaster medical system; $1,500,000 for developing national response capabilities; $3,000,000 for metropolitan medical response systems; $1,850,000 for a nuclear weapons radiation study described in the Senate report; and $3,000,000 in bill language for the renovation and modernization of Fort McClellan's Noble Army Hospital in Alabama for bioterrorism training activities. The conference agreement also includes $322,000 in bill language to be provided to Calhoun County, Michigan for reimbursement of certain expenses related to food-borne illnesses. The conference agreement assumes that within the overall increase provided for NIH, $10,000,000 will be allocated for vaccine research and development activities in support of the bioterrorism initiative. Public Health data indicates that African Americans and other minorities are disproportionately and more severely impacted by HIV/AIDS and experience significantly higher morbidity and mortality rates than do other populations in the United States. The conference agreement includes an additional $50,000,000 to address the HIV/AIDS crisis facing the African American community and other racial and ethnic minority communities due to the changing demographics of the disease. These funds are to be available to address prevention and treatment needs of minority communities that are heavily impacted by HIV/AIDS, and should compliment existing and previously planned targeted HIV/AIDS minority activities. These funds are available for the Secretary of the Department of Health and Human Services to transfer to other agencies to: expand and improve access to state-of-the- art HIV/AIDS therapies; strengthen and expand targeted HIV/ AIDS effective prevention and intervention activities; support HIV/AIDS substance abuse activities; provide critical technical assistance in high risk communities; and build and sustain HIV/AIDS infrastructure. In allocating these funds, consideration should be given to the territories, such as in the Virgin Islands, where, for example, the HIV/AIDS case rate is more than twice the national case rate of 24.1 per 100,000.
[Congressional Record: October 19, 1998 (House)] [Page H11503-H11545] From the Congressional Record Online via GPO Access [wais.access.gpo.gov] [DOCID:cr19oc98-36] [[pp. H11503-H11545]] CONFERENCE REPORT ON H.R. 4328, MAKING OMNIBUS CONSOLIDATED AND EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 1999 [[Continued from page H11502]] ---------- TITLE II--ANTITERRORISM CHAPTER 1 DEPARTMENT OF JUSTICE Federal Bureau of Investigation SALARIES AND EXPENSES The conference agreement includes $21,680,000, as requested, to remain available until expended as an emergency appropriation to provide additional funds for staff and equipment to increase the capacity and capability of the Federal Bureau of Investigation to respond to acts of terrorism. These funds, when combined with existing resources, will enable the FBI to establish a total of five rapid deployment teams. DEPARTMENT OF STATE Administration of Foreign Affairs DIPLOMATIC AND CONSULAR PROGRAMS The conference agreement includes $773,700,000, to remain available until expended, as an emergency appropriation. Of this amount, $748,000,000 is to provide funds for reconstitution of embassy activities in Nairobi, Kenya and Dar es Salaam, Tanzania, and for security improvements for overseas facilities, as requested. In addition, $25,700,000, which is provided above the request, and release of which is contingent upon a Presidential emergency declaration, is to continue funding for antiterrorism requirements overseas initiated in the fiscal year 1997 Appropriations Act. The provision includes language permitting the Secretary of State to procure services and equipment overseas necessary to improve worldwide security and reconstitute embassy operations in Kenya and Tanzania on behalf of any other agency. The Department is expected to consult with the relevant Committees on plans for expenditure of funds to assure that the Committees are in agreement on all planned uses of these funds. The Department is expected to report annually to the relevant Committees on the expenditure of funds made available in this emergency supplemental, to provide Congress a clear accounting of the progress in implementing this package of enhancements. SALARIES AND EXPENSES The conference agreement includes $12,000,000 in emergency funding, as requested, to remain available until expended, to provide funds for security improvements and for a security review panel. OFFICE OF INSPECTOR GENERAL The conference agreement includes $1,000,000 in emergency funding, as requested, to remain available until expended, to provide funds to enable the Inspector General to carry out additional security oversight and construction inspections at U.S. diplomatic posts abroad. SECURITY AND MAINTENANCE OF UNITED STATES MISSIONS The conference agreement includes $627,000,000 in emergency funding, as requested, to remain available until expended. This is to provide funds for reconstruction of embassy facilities in Nairobi, Kenya and Dar es Salaam, Tanzania, for reconstitution of embassy activities in interim facilities, and for other activities that improve the security of overseas facilities of the State Department and other Federal agencies. Of the $627,000,000, $56,000,000 is for security projects, relocations, and security projects, relocations, and security equipment on behalf of missions of other U.S. Government agencies. In addition, $185,000,000 of this amount is for capital improvements or relocation of office and residential facilities to improve security, which can only be made available 15 days after notice to the Committees on Appropriations. EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE The conference agreement includes $10,000,000 in emergency funding, as requested, to remain available until expended, to provide funds for emergency expenditures resulting from the bombing of embassy facilities in Nairobi, Kenya and Dar es Salaam, Tanzania, including expenses related to evacuations, rewards, and the medical and other needs of employees and their families. CHAPTER 2 DEPARTMENT OF DEFENSE Military operation and maintenance, defense-wide The conference agreement includes $358,427,000 in emergency supplemental appropriations for Operation and Maintenance, Defense-Wide for counter-terrorism programs, security enhancements, and other programs. classified programs Adjustments to classified programs are addressed in a classified annex accompanying this conference agreement. domestic preparedness against weapons of mass destruction The conference agreement includes $50,000,000 in emergency supplemental appropriations to initiate and expand activities of the Department of Defense to prevent, prepare for, and respond to a potential terrorist attack in the United States involving weapons of mass destruction (WMD). The National Guard, with its dual status as both a federal and state force, has great potential to enhance the nationwide WMD response capability. The Department of Defense has invested billions of dollars in WMD detection, warning, protection, and decontamination and possesses much knowledge and technology that can be transferred to civil authorities. The National Guard is the logical entity to act as a conduit between the Department of Defense and state and local civil authorities to avoid duplication of effort, and to explain the needs of civil authorities to Department of Defense planners. The conference agreement provides funds for the following activities: National Guard Personnel, Army: WMD training and support...................................$4,000,000 National Guard Personnel, Air Force: WMD training and support....................................1,000,000 O&M, Army National Guard: Consequence management.....................................20,000,000 O&M, Army: Consequence management......................................2,000,000 Procurement, Defense-Wide: Consequence management......................................8,000,000 RDT&E, Army: Consequence management.....................................15,000,000 The expanded training initiatives developed with research, development, test and evaluation funds are to be fully coordinated and integrated with efforts being planned by other agencies under the new federal framework that has been developed. The Department of Defense training program shall be focused on: (a) transferring military knowledge, expertise, and technology regarding the detection, warning, protection, and decontamination of weapons of mass destruction to appropriate federal, state and local personnel; and (b) promoting the interoperability between designated WMD emergency response units of the National Guard and counterpart federal, state, and local first responder units. Emphasis will be given to developing a comprehensive and sustainable training curriculum to include operational training and refresher courses as well as basic classroom coursework. Implementation of this training program shall use existing infrastructure to the fullest possible extent with emphasis on the use of distributive training technology (e.g., RCAS, Warrior Network, and the collaborative virtual workspace initiative) at National Guard and Reserve Component armories, air bases, schools, and other appropriate facilities. In addition to the activities identified in House Report 105-591, funds are to be used to [[Page H11524]] provide assistance to civil authorities in conducting detailed equipment needs assessments and procuring or loaning basis and essential equipment to those communities; procure equipment for RAID Elements to include mobile analytical laboratory systems, unified communications suites and other essential operational and communications/computer equipment; establish and equip small organizations in each of the 44 states not receiving an initial RAID Element in 1999 to provide limited chemical/biological response capabilities; develop joint doctrine and training plans; and test/evaluate the new system through a comprehensive joint exercise program. General Provisions--This Chapter Division B, Title II of the conference agreement includes section 201, as proposed in the supplemental budget request, which amends Section 374 of title 10, United States Code, in order to foster better coordination between the Department of Defense and other Federal agencies with regard to counter- terrorism activities. The conference agreement includes section 202, which provides $50,000,000 in emergency supplemental appropriations for Domestic Preparedness programs of the Department of Defense against Weapons of Mass Destruction. The conference agreement includes section 203, which provides $120,500,000 in emergency supplemental appropriations for the provision of crisis response aviation support. CHAPTER 3 FUNDS APPROPRIATED TO THE PRESIDENT International Security Assistance economic support fund (including transfers of funds) The conference agreement appropriates $50,000,000 for an additional amount for ``Economic Support Fund'' for assistance for Kenya and Tanzania, to remain available until September 30, 2000. These funds are designated an emergency requirement under the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, pursuant to the President's request. In addition, the conference agreement provides for the transfers of $2,500,000 to ``Operating Expenses of the Agency for International Development'' and $1,269,000 to ``Peace Corps'' for security and related expenses, and funds are authorized to be made available for administrative costs associated with assistance provided under this heading. Funds appropriated under this heading are subject to the regular notification procedures of the Committee on Appropriations. nonproliferation, anti-terrorism, demining and related programs The conference agreement appropriates $20,000,000 for an additional amount for ``Nonproliferation, Anti-Terrorism, Demining and Related Programs'' for anti-terrorism assistance. These funds are designated an emergency requirement under the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, pursuant to the President's request. CHAPTER 4 DEPARTMENT OF THE INTERIOR National Park Service Operation of the National Park system An additional $2,320,000 is provided for operation of the national park system to address emergency, security-related expenses. This amount is designated by the Congress as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Construction An additional $3,680,0000 is provided for construction to address emergency, security-related expenses. This amount is designated by the Congress as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. CHAPTER 5 ARCHITECT OF THE CAPITOL Capitol Visitor Center The conference agreement provides $100,000,000 to the Architect of the Capitol for planning, engineering, design, and construction of a Capitol visitor center, a facility that will provide greater security for all persons working in or visiting the United States Capitol and a more convenient place in which to learn of the work of the Congress. Each of the above-named milestones will require the approval of the appropriate authorizing and appropriations committees as the project progresses. The language of the bill also provides that appropriated funds for this purpose be supplemented by private funds. In this way, all citizens may share in both the services that will be provided by a visitor center as well as an opportunity to help defray the costs of construction. The Architect of the Capitol completed an earlier design of a proposed center in 1995. The planning that supported that design needs a thorough review and a more current endorsement from the committees of jurisdiction. The Capitol Preservation Commission is considering a proposal to have the General Accounting Office undertake an analysis of all ancillary costs and operational impacts of a visitor center. It is appropriate that this study go forward during the planning phase and be incorporated into the analysis that underpins the revised plan. The funding for the visitor center will remain available until expended and the language provides that section 3709 of the revised statutes shall not apply to these expenditures. The latter provision is standard on such projects and allows negotiated bidding as well as a competitive process. The Architect of the Capitol is directed not to expend any funds for this project without an obligation plan approved by the House and Senate Committees on Appropriations which shall specify the purpose and amount of anticipated obligations. The authorizing committees will oversee these activities in the normal manner. JOINT ITEMS CAPITOL POLICE BOARD Security Enhancements The conference agreement provides $106,782,000 to the Capitol Police Board for security enhancements to the United States Capitol complex and the Library of Congress buildings and grounds. These funds will remain available until expended. Language has also been included to allow the transfer of funds to either the Architect of the Capitol or the Library of Congress, based upon plans approved by the Committee on House Oversight of the House of Representatives, the Committee on Rules and Administration of the Senate, and the House and Senate Committees on Appropriations. The Capitol Police Board, Architect of the Capitol, and the Library of Congress are directed not to expend any funds for these security enhancements without an obligation plan approved by the House and Senate Committees on Appropriations which shall specify the purpose and amount of anticipated obligations. The authorizing committees will oversee these activities in the normal manner. The Capitol Police Board is directed to secure approval of any plans necessary to carry out these security enhancements from the above-named committees. In carrying out this task, the police board will be expected to consult with the Architect of the Capitol and the Library of Congress. Those agencies, in turn, are directed to make all such requests through the police board for resource allocations from the funds available. The Committees on Appropriations will not approve obligations or transfers of funds until the authorizing and appropriations committees of the respective body have approved the appropriate plans. Due to the recent tragic shootings at the Capitol, together with other threats identified by Congressional security experts, the Capitol police have undertaken a broad review of the existing security program and needs for improvement or updating. This review, aided by other Federal security agencies and private consultants, has developed a number of proposals. Several hearings and discussions with the leadership and the committees of jurisdiction have resulted in a priority list that are included within this conference agreement. The conference agreement provides funding for the following: Capitol, House and Senate office buildings: 1. Command center equipment................................$2,265,000 2. Intrusion detection systems.............................11,852,000 3. Closed circuit television................................8,656,000 4. Communications...........................................2,789,000 5. Screening equipment.....................................12,458,000 6. Access control...........................................4,456,000 7. Training.................................................1,250,000 8. Officer--issued equipment................................9,778,000 9. Operational capabilities.................................2,640,000 10. Physical upgrades.......................................2,417,000 11. Personnel and overtime increase........................25,260,000 12. Capital improvements....................................3,586,000 ________________ Subtotal, Capitol, House and Senate office buildings.....87,407,000 ================ Library of Congress: 13. Consolidate command centers............................$2,500,000 14. Intrusion detection systems.............................2,500,000 15. Closed circuit television.................................210,000 16. Screening equipment.......................................391,000 17. Access control..........................................4,950,000 18. Training...................................................55,000 19. Officer equipment..........................................63,000 20. Physical upgrades.......................................3,864,000 21. Studies and analyses......................................200,000 22. LC police staffing increase.............................2,242,000 ________________ Subtotal, Library of Congress............................16,975,000 ================ 24. Contingency...........................................$ 2,400,000 Total, Capitol, House and Senate office buildings, and Library of Congress...............................................$106,782,000 For capital improvements, certain funds have been provided for further analysis of the need for training and off-site delivery facilities (including the Library of Congress). As the police master plan funded in the FY1999 Legislative Branch Appropriations Act is being conducted, the police board is directed to review and study alternatives for [[Page H11525]] such facilities. If it is determined that new construction is needed, the police board is instructed to seek authority from the appropriate authorizing committees before making any further funding requests in the appropriations process. The appropriate authorization committees are identified in the House and Senate rules and, if there is any question, the police board should refer to those official authorities. A contingency has been provided for items such as a mobile command center, decontamination trailers, studies, and a strategic plan. All of these are subject to further justification and approval as is the entire funding program. For the Capitol police, funds are provided for additional police staffing sufficient for 260 sworn officers, operational and administrative personnel over a two-year period, assuming a steady recruitment ramp up pattern. This will allow the Capitol police to schedule approximately twice the ordinary number of attendees at the Federal Law Enforcement Training Center. The police board has assured the committees that FLETC is capable of handling this increase. The administrative personnel are provided for the added infrastructure support that will be necessary. In addition to salary funds, $12,000,000 is provided for overtime over the two-year period that will augment the amounts in the base budgets for both years that are customarily provided for overtime. The police are directed to maintain the current high standards for recruitment and deployment of the additional personnel. For the Library of Congress, two-year funding is provided for 46 additional police and 5 support personnel, assuming a steady ramp up pattern. An additional $525,000 is provided for overtime expenses. It should be noted that these are not hard and fast allocations. As estimates become more precise, further analysis may reveal the necessity to adjust these allocations. In particular, the amounts provided for the Library of Congress items may undergo change due to the transfer of design, installation, and maintenance of LOC physical security systems from the Architect of the Capitol to the Capitol Police Board. The police board and the other agencies, therefore, may have to request changes in these amounts as they present the specific plans for subsequent approval as required by the appropriating legislation. The amounts are identified herein because they are based on the amounts presented to the committees in the justifications given by the police board and the other agencies, as adjusted in the priority list. General Provision, This Chapter The conference agreement transfers the responsibility for the design, installation and maintenance of physical security systems for the Library of Congress buildings and grounds from the Architect of the Capitol to the Capitol Police Board. This transfer of responsibility is in keeping with recent efforts to establish a reasoned and uniform approach to security within the Capitol complex. The Capitol Police Board is directed to apply the appropriate standards of security to Library of Congress buildings and grounds. CHAPTER 6 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration facilities and equipment (Airport and Airway Trust fund) The bill includes $100,000,000 for necessary expenses for acquisition, installation, and related activities supporting the deployment of bulk and trace explosive detection systems and other advanced security equipment at U.S. airports. The Senate received correspondence from the Vice President on September 15, 1998 which stated: ``The terrorist attacks against our embassies in Kenya and Tanzania remind us of the global nature of terrorism. . .These events provide strong evidence of the need to recognize aviation security as a national security issue and to provide substantial federal funds for aviation security improvements as a major element of our overall national security counterintelligence policy''. Consistent with this view, the bill includes $100,000,000 for advanced airport security systems. The entire amount is designated as an emergency requirement. The conference agreement distributes funds as follows: Activity Amount Acquisition of additional bulk or trace EDS systems.........$50,000,000 TIP-ready, operator-assist x-ray units.......................24,600,000 Integration costs--EDS systems...............................20,000,000 Trace detection document scanners.............................3,400,000 Trace detection passenger portals............................$2,000,000 Total.....................................................100,000,000 Compared to original budget estimates, this bill provides more funding for system integration costs based on information that lack of such funding has contributed to the delay in commissioning the security equipment which has been procured thus far. The FAA, airlines, and airport officials all acknowledge that integrating these systems into airline and airport operating systems has been a greater than anticipated challenge. Furthermore, since the certification of second generation bulk EDS systems has been delayed, the conference agreement reallocates some funding to other items which will have a stronger impact on security in the near- term. It is hoped that one or more second generation systems will meet the certification standards over the coming year, and that viable competition in this program can be developed. CHAPTER 7 DEPARTMENT OF THE TREASURY Federal Law Enforcement Training Center salaries and expenses The conferees agree to provide $3,548,000, instead of $4,043,000, as requested by the President. This reflects the actual costs of additional instructors at the Center, as well as training, meals, lodging, and related operational costs associated with basic training for Secret Service and State Department students being hired to respond to threats of domestic and foreign terrorism. United States Secret Service salaries and expenses The conferees agree to provide $80,808,000, instead of $86,317,000, as requested by the President. The difference between the requested and funded levels is equal to the amount that the President made available for obligation from the Treasury Counter-Terrorism Fund subsequent to the original request. This funding is to cover costs of additional personnel required to increase the number of protective details for Secret Service protectees, enhanced protective capabilities, and protective operations, equipment and services. The conferees remind the Director of the United States Secret Service that funding for vehicle acquisition will not be available for obligation until the Secretary of the Treasury determines that such acquisitions are consistent with Departmental vehicle management policy. ---------- Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (discretionary budget authority, in billions of dollars) Division A--Omnibus Appropriations: Agriculture........................................................13.7 Agriculture emergency funding...................................5.9 Commerce, Justice, State...........................................33.1 District of Columbia................................................0.5 Foreign Operations \1\.............................................31.2 Interior...........................................................13.9 Labor, HHS, Education..............................................83.2 Transportation.....................................................13.1 Treasury, Postal Service...........................................13.4 Miscellaneous appropriations........................................0.8 Offsets............................................................-2.8 ________________ Subtotal, Division A..........................................206.1 ================ Division B--Emergency Supplemental Appropriations: Military readiness and overseas contingency operations..............6.8 Antiterrorism.......................................................2.4 Year 2000 conversion................................................3.4 Other emergencies...................................................1.5 Counter-drug activities and interdiction............................0.7 ________________ Subtotal, Division B...........................................14.9 ================ Recap: Total, regular appropriations.................................203.0 Total, emergency agriculture and supplemental appropriations...20.8 Total, offsets.................................................-2.8 ________________ Total, funding..............................................221.0 ================ Appropriations subject to allocation \2\..........................219.9 Remaining allocation \3\..........................................220.1 Appropriations vs. allocation......................................-0.2 \1\ Includes $17.9 billion for the International Monetary Fund. \2\ Excludes $1.1 billion in transportation budget authority for transit programs, which is scored as obligation limitations for Congressional Budget Act purposes. \3\ Allocation available after scoring of all other bills. Includes all adjustments to allocations permitted by the Congressional Budget Act. Tom DeLay, Ralph Regula, Harold Rogers, Ron Packard, S. Callahan, Todd Tiahrt, Robert Aderholt, Bob Livingston, Martin Olav Sabo, Esteban E. Torres, John W. Olver, Ed Pastor, Bud Cramer, Dave Obey, Managers on the Part of the House. Richard Shelby, Pete V. Domenici, Robert F. Bennett, Ted Stevens, Frank R. Lautenberg, Robert C. Byrd (with the exception of certain leadership legislative riders), Harry Reid, Patty Murray, Daniel K. Inouye, Managers on the Part of the Senate.