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LIST OF OBJECTIONABLE PROVISIONS AND PORK IN THE WAR SUPPLEMENTAL APPROPRIATIONS BILL
April 17, 2003
OBJECTIONABLE PROVISIONS IN THE CONFERENCE REPORT FOR THE SUPPLEMENTAL APPROPRIATIONS BILL
Total Number of Earmarks: 51
Total Amount in Unauthorized Funding: $4.6 billion
Number of Policy Changes: 16
Department of Agriculture
$110 million for modernization of the Agricultural Research Service and Animal and Plant Health Inspection Service facilities near Ames, Iowa. The amount is $12 million more than the amount proposed in the Senate.
Explanation: The President did not request funding for this project and objected to the inclusion of such funding as part of this war supplemental bill, stating the non-emergency nature of the project. Why is a war supplemental bill paying for the modernization of an agriculture facility in Iowa?
The conference report allows wild caught seafood to be labeled as "organic food".
Explanation: This provision authorizes the Department of Agriculture to label wild caught seafood as "organic food". Currently, wild caught seafood cannot be labeled as organic because one cannot document what it has eaten. This provision is an unrequested policy change that has not been reviewed by the authorizing committee, and it is certainly not an emergency or wartime need.
$369 million in humanitarian food aid assistance, for emergency and non-emergency food needs in developing countries.
Explanation: The President did not request this funding as part of this war supplemental bill. In FY 2003, $1.2 billion for humanitarian commodity donations was appropriated. Also, $1.185 billion was requested by the Administration in the FY 2004 budget.
The Omnibus appropriations bill prohibited funding to carry out a requirement in the 2002 Farm bill that established a task force to review federal agencies involved with food and agricultural science. The conference report further modifies this provision by only prohibiting the review of the purpose, efficiency, effectiveness of the Agriculture Research Service (USDA).
Explanation: The purpose of this language is clearly not related to the war or homeland security and should not be included. The language also raises policy questions about the exclusion of the Agricultural Research Service from review while other federal agencies involved with food and agricultural science will be evaluated.
The Omnibus appropriations bill included a one-time disaster assistance provision for agricultural producers in New Mexico to recover from losses associated with tebuthiuron application by the federal government. The conference report amends this provision by adding an additional eligibility month for crop loss assistance, and eliminating the calendar year limitation.
Explanation: Amendments to agricultural crop loss assistance provisions should not be included as part of the war supplemental bill. These provisions only address special disaster relief for producers in New Mexico and extend their eligibility without additional justification for why these changes are necessary.
The Omnibus appropriations bill included a provision that made catfish farmers eligible for livestock compensation payments. The conference report modifies this provision by directing that catfish farmers receive an equal amount of assistance as provided to other eligible livestock producers.
Explanation: This provision continues to provide special-interest consideration for domestic catfish farmers by setting up more favorable program conditions, and by ensuring that catfish farmers get an equal share of livestock payments. These modifications are specific only to catfish farmers and were objected to by the Administration.
A provision that amends the Farm bill to require that the Conservation Security Program (CSP) be implemented immediately and that mandatory program funds be used for technical assistance only for the CSP program, and not used for technical assistance for other conservation programs.
Explanation: This change was not requested by the Administration nor is it related to defense or homeland security. The purpose of this language conflicts with the interpretation of the Office of Management and Budget that technical assistance funding be available from discretionary funds.
Department of Interior
The Omnibus appropriations bill included a provision that continues to validate grazing permits on U.S. Forest Service lands even if required environmental analyses are not completed. The conference report removes language that referenced a clause in Public Law 104-19 with respect a 1996 Forest Service schedule to complete environmental analyses of grazing allotments, which raised compliance issues for the Department of Interior.
Explanation: The purpose of this provision is clearly not related to the war or homeland security, and should be addressed as part of the administrative grazing renewal process or legislatively on its merits rather than attached as a rider to a war supplemental bill.
Department of Health and Human Services (HHS)
$51,000 for Heart Beat, Millerstown, PA, for abstinence education and related services.
$136,000 for DIAKON Lutheran Social Ministries, Allentown, PA, for abstinence education and related services in Cumberland and Dauphin counties.
$95,000 for DIAKON Lutheran Social Ministries, Allentown, PA, for abstinence education and related services in Berks county.
Explanation: These projects are not funded by the war supplemental, but from funds that were in the Omnibus appropriations bill. The appropriators claimed that these were "technical corrections" to old earmarks, previously included in the bill language of the Omnibus. These earmarks were unjustified then and now that they have been amended to create new earmarks, codified in law, they are even more unjustified. They are unrelated to the war in Iraq and do not belong in a war appropriations bill.
$225,000 for the Mental Health Association of Tarrant, County, Ft. Worth, Texas.
$200,000 for the AIDS Research Institute at the University of California, San Francisco for Developing Country Medical Program to facilitate clinician exchange between the United States and developing countries.
$1,000,000 for the Geisinger Health System, Harrisburg, PA to establish centers of excellence for the treatment of autism.
Explanation: These projects are not funded by the war supplemental, but from funds that were in the Omnibus appropriations bill. The appropriators claimed that these were "technical corrections" to old earmarks, previously included in the report language of the Omnibus. These earmarks were unjustified then in the report language and now that they will carry the force of law upon enactment of the supplemental appropriations bill, they are even more unjustified.
The conference report included $16,000,000 for Centers for Disease Control and Prevention (CDC) for Severe Acute Respiratory Syndrome (SARS) prevention and control.
Explanation: The President did not request this provision.
Department of Education
$150,000 for Illinois State Board of Education, Springfield, Illinois, for implementation of Fast ForWord reading program.
$2,000,000 for St. Petersburg College, St. Petersburg, Florida, for the Pinellas County, EpiCenter.
$700,000 for the Harford County Board of Education in Aberdeen, MD, for a collaboration between a science and technology high school and the Aberdeen Proving Ground.
$25,000 for Boys and Girls Club, Southeast Unit, El Dorado, Arkansas, for drug prevention and after-school programs.
$400,000 for Milwaukee, WI, for before and after-school programs.
$200,000 for Tensas Reunion, Inc., Newellton, LA, for the TREES Project in Tensas Parish, including activities such as the purchase of computers and educational software, tutoring, and workshops to promote parental involvement.
$250,000 for Community School District 8, Bronx, NY, for after-school programs.
$20,000 for West High School, Bakersfield, California, for equipment.
$1,000,000 for the National Science Center Foundation, Augusta, Georgia, for educational technology and other purposes.
$200,000 for the Golden Gate National Parks Conservancy, San Francisco, CA, for environmental education programs at the Crissy Field Center.
$150,000 for the Beresford Community Education in Beresford, SD, to expand community education programs. This is a totally new earmark. It was not in the Omnibus appropriations bill.
$100,000 for the University of South Florida for the Tampa Bay Consortium for the Development of Educational Leaders.
$25,000 for the Meredith-Dunn Learning Disabilities Center in Louisville, Kentucky for school counseling services.
$40,000 for Father Maloney's Boys Haven in Louisville, Kentucky for an educational program.
$50,000 for Joel II Restoration Outreach, Inc. for education programs.
$1,500,000 for the YMCA of the City of Upland, California, for after-school activities.
$100,000 for the American Academy of Liberal Education, Washington, DC, to develop projects in the study of American democracy and principles at colleges.
$200,000 for the Regional Learning Alliance, Marshall Township in Allegheny County, PA, as part of an initiative to provide life-long educational services to Pittsburghs residents.
$1,000,000 for the University of Southern Maine, School of Applied Science, Engineering & Technology for purchase of equipment and technology.
$250,000 for the National Aviary Conservation Education Technology Integration in Pittsburgh, PA, for the Remote Audio-Visual Engagement Network (RAVEN) project.
Explanation: These projects are not funded by the war supplemental, but from funds that were in the Omnibus appropriations bill. The appropriators claimed that these were "technical corrections" to old earmarks, previously included in the report language of the Omnibus. These earmarks were unjustified then in the report language, and are still unjustified. Report language does not have the force of law but by amending the report language, the appropriators are indicating that they believe such language is binding. In any event, these earmarks are unrelated to the war in Iraq and do not belong in a war appropriations bill.
The conference report raises the maximum age of students for participation in Advanced Placement (AP) programs in schools from 17 to 19 years old.
Explanation: This is authorizing language on an appropriations bill. The Appropriations Committee is not the authorizing committee that has jurisdiction over this issue. This language should instead be included in an education-related bill that has been reported out by the HELP Committee, not in a war supplemental.
The conference report amends the No Child Left Behind Act (P.L. 107-110) to require Alaska native programs use the Cook Inlet Tribal Councils Partners for Success for dropout prevention.
Explanation: This is another example of the appropriators thinking they know better than agencies, state or local governments. This is authorizing language on an appropriations bill. Under No Child Left Behind (NCLB), the Cook Inlet Tribal Council's Partner's for Success program was listed as a suggested option for dropout prevention programs. After the enactment of NCLB, this group was not chosen to qualify as a dropout prevention program. However, Alaska native programs will now be required to use this group.
Department of Housing and Urban Development (HUD)
$200,000 for Light of Life Ministries in Allegheny County, PA, for improvements to a homeless service center.
$324,000 for the state of Idaho for the Lewis and Clark Bicentennial Solid Waste Disposal Program.
$720,000 to the Grant County Library Commission in Grant County, West Virginia.
Explanation: These projects are not funded by the war supplemental, but from funds that were in the Omnibus appropriations bill. The appropriators claimed that these were "technical corrections" to old earmarks, previously included in the report language of the Omnibus. These earmarks were unjustified then in the report language, and are still unjustified. Report language does not have the force of law but by amending the report language, the appropriators are indicating that they believe such language is binding. In any event, these earmarks are unrelated to the war in Iraq and do not belong in a war appropriations bill.
Environmental Protection Agency (EPA)
The conference report modifies previous earmarks under the State and Tribal Assistance Program for the EPA in the last three appropriations bills for fiscal years 2001, 2002 and 2003. The provision amends four earmarks by changing the purpose for which the funding was earmarked:
$437,000 for the Huntington Sanitary Board of Huntington, WV, for the construction of wastewater treatment facilities in the Fourpole Watershed.
(FY 2001)
$513,000 for the Region I Planning and Development Council in Princeton, West Virginia for water improvements. (FY 2001)
$35,000 to the Narrowsburg Water and Sewer District, NY, for water infrastructure improvements. (FY 2002)
$90,000 for the Mojave Desert Arsenic Demonstration Project. (FY 2003)
Explanation: While no additional funding is added as part of these provisions, Congress is intervening and essentially altering the purpose of previously appropriated funds for projects earmarked in report language as far back as three fiscal years. These earmarks were unjustified then in the report language, and are still unjustified. Report language does not have the force of law but by amending the report language, the appropriators are indicating that they believe such language is binding. In any event, these earmarks are unrelated to the war in Iraq and do not belong in a war appropriations bill.
Department of Transportation (DOT)
$25 million for MARADs Title XI Loan Guarantee Program.
Explanation: Provides $25 million in funding to the Maritime Administration's (MARAD) Title XI loan guarantee program for ship builders and shipyards after the Department of Transportation Inspector General (DOT IG) reported on March 31, 2003, the program has lost $490 million since 1998. In the report, the IG called the program poorly managed and wasteful.
This funding is not justified as part of an emergency supplemental to fund the ongoing war. Not only is the program riddled with problems, but the Administration has proposed zero funding for it in both its FY 2004 budget and that for the prior fiscal year. The Title XI program does not serve any defense or homeland security purpose, and it should not receive funding under the guise of a wartime need.
Claims by the proponents of this mismanaged pork barrel program that it serves an essential military purpose are unfounded. According to the Maritime Administration, there are 51 vessels currently being utilized in direct support of Operation Iraqi Freedom, of which only one vessel was constructed with the use of a Title XI loan guarantee. More important, how can this provision be aimed at supporting the current war when vessels take years to be built?
Finally, it has to be noted that the program has been the focal point of intense political pressure in the past that has helped contribute to a number of defaults. For example, American Classic Voyages' Project America, which alone cost the taxpayers $185 million, was the subject of special exemption provisions included, without any authorizing Committee consideration, in the FY 1998 Department of Defense Appropriations bill. Even the Maritime Administrator Captain William Schubert understands the seriousness of these political intrusions. He stated in response to the DOT IGs investigation, "In a number of instances where defaults occurred, it has been due to political pressure brought upon MARAD to overlook underwriting requirements."
The conference report designates the city of Norman, OK, to be part of the Oklahoma City "Urbanized" Area for FY 2003.
Explanation: This provision was not requested by the President, nor does it have anything to do with defense or homeland security. Therefore, it should not be considered under the guise of a wartime need.
The conference report changes the U.S. citizenship ownership requirements for military airlift services and requires the DOT to refer a particular proceeding to an Administrative Law Judge.
Explanation: This provision was not requested by the President. No Committee consideration of the issue was conducted, and both the Department of Defense (DoD) and Department of Transportation (DOT) have expressed concern about the consequences of any changes to existing law without a full exploration of the issue.
Media reports suggest that changes to current law were being sought to end a contract between the DoD and DHL Airways, and DHL Worldwide Express proposed acquisition of the ground operations of Seattle-based Airborne Inc. While it appears that the final language in the conference report would not affect the Airborne transaction, the language attempts to bar DHL Airways from renewing its contract with DoD. It is unclear what other companies or transactions will be affected, and what the impact of this change in law will be on the U.S. military and U.S. taxpayers.
This is no way to legislate. If there are legitimate reasons to change the criteria for determining US-citizen control of air cargo carriers, these considerations should be clearly articulated and debated in the normal legislative process - not inserted into a non-amendable vehicle in the dead of night.
Transportation Security Administration (TSA)
The conference report earmarks $535 million of the $665 million appropriated for the Transportation Security Administration.
Explanation: The bill language earmarks $535 million for TSA as follows: $235 million for modifying commercial service airports to install checked baggage explosive detection systems; $20 million for port security grants; and $280 million for passenger screener hiring, training and related costs. This funding may not be obligated until the President transmits an official budget request for such amount to Congress and until TSA submits a FY 2003 budget plan detailing spending levels. These funds were not requested by the President.
Title IV
Title IV of the conference report suspends passenger security and air carrier security fees from June 1 though September 30, 2003, at a cost of $700 million. It provides $2,395,750,000 for airline grants, of which the first $100 million is to reimburse carriers for cockpit door hardening. The remaining funds are to be distributed based upon the proportional share of security fees remitted by the airlines to the TSA. It extends the War Risk Insurance Program and provides an additional 26 weeks for unemployed airline industry-related workers. It limits compensation for the two highest compensated executives in the corporation to 2002 salary levels as well as excludes awards of stocks and preexisting retirement contracts and exempts airlines that serve solely domestic North American US destination and regional carriers. The total cost of the package is over $3.4 billion.
Explanation: The size of this package grew by more than $1.4 billion between when it was originally proposed in the Senate to when it emerged from the Conference Committee. The original package was tied to reimbursing airlines for security costs and required that the airlines verify such costs before they were reimbursed. The final package contains little in the way of such accountability. It simply requires that the TSA certify that the funds were allocated by airlines for security related expenses or revenue forgone as a result of meeting Federal security mandates. Finally, the final package severely undermined the original Senate provision that capped executive compensation by, for example, excluding non-cash compensation (such as stock or deferred compensation) from any calculation of the cap, thereby creating a huge loophole.
Subcommittee on Transportation, Treasury and General Government, General Provisions
The conference report modifies the Omnibus appropriations bill by providing an additional $30,045,000 for earmarked projects and directs, regardless of any other law, that program project earmarks will receive funding from the program designated and that other earmarks will receive funding upon receipt of an application.
Explanation: The language increases by $30,045,000 funding available for projects earmarked in the Managers' Statement accompanying the Omnibus appropriations bill. The Omnibus bill provided a total of $645,300,000 to the Secretary of Transportation to make grants while the statement of managers earmarked a total of $675,345,000 in transportation projects. This provision corrects that shortfall. The section also clarifies that projects earmarked in the Omnibus bill for various highway and transit programs will receive the earmarked funding regardless of any other law and provides that other earmarked projects will receive grants, regardless of any other laws, when the project sponsor submits an application. This section was not requested by the President, nor does it have anything to do with defense or homeland security. Thus, it should not be considered under the guise of a wartime need.
The conference report clarifies a provision of P.L. 107-232, an Act which provided that for fiscal year 2003, communities newly designated by the 2000 census as urban areas with a population of at least 200,000, may use transit formula grants for operating expenses.
Explanation: Operating expenses are not normally eligible for funding in urban areas. The conference report provides that this funding flexibility is to be available to a portion of an urban area that was not designated as urban before the 2000 census and which received federal transit assistance for non-urban areas. This provision is an unauthorized policy change that did not receive consideration before the authorizing Committee.
The conference report expands an earmark contained in the Omnibus appropriations legislation that allowed amounts previously appropriated for the Port of Anchorage for an intermodal marine facility and access thereto to be transferred to and administered by the Administrator for the Maritime Administration by removing the requirement that the provision apply only to "previously appropriated funds."
Explanation: This provision was not requested by the President, nor does it have anything to do with defense or homeland security. Thus, it should not be considered under the guise of a wartime need.
The conference report includes a Sense of the Senate (SOS) providing that the merger between TWA and American Airlines resulted in a difficult seniority integration between the majority of the employee groups involved. The SOS further states that layoffs from American Airlines should be conducted in a manner that maintains the maximum level of fairness for all parties involved.
Explanation: Although this is only a SOS, it is clearly an attempt to reopen an existing agreement entered into as a part of a merger agreement between TWA and American. This issue was negotiated between the parties and one of the parties, unhappy with the results, now wants to reopen the discussion. Congress has repeatedly rebuffed attempts to interfere in this issue. This is not a matter that rises to the level of Congressional intervention and certainly not one that is relevant to a war appropriations bill as it does not deal with any war related issue.
Department of Commerce
National Oceanic and Atmospheric Administration (NOAA)
Modification of an industry funded vessel buyback loan in the Pacific Northwest.
Explanation: This provision is a technical correction to language in the Omnibus bill that created an industry funded vessel buyback loan. The original language, which was drafted incorrectly, prohibited the West Coast Groundfish industry from implementing the plan. While an industry buyback loan may be good fisheries policy, this is not an emergency and it is not related to the war. This provision also was not requested by the President.
National Science Foundation (NSF)
The conference report includes a provision to amend the Omnibus appropriations legislation for FY 2003 to increase from $320 million to $330 million the limit on the amount that may be spent from the National Science Foundations Research and Related Programs account for Polar research and operations support.
Explanation: While the provision does not appropriate new funding, there is no need to include the provision as part of a war supplemental. The President has not requested this change. Furthermore, there is no existing emergency situation at the South Pole research facility to justify the allowance for future reprogramming within the Polar research and operations account, which would be permitted with the additional $10 million.
Department of Homeland Security
The Managers' Statement of the conference report included a provision directing the Bureau of Customs and Border Protection ("Customs") to pay special attention to all commercial motor vehicles carrying municipal solid waste entering the U.S. across two bridges in Michigan. Customs also will be required to reevaluate whether municipal solid waste should continue to be classified as a "low risk commodity" under the Border Release Advanced Screening and Selectivity System.
Explanation: The President did not request this language, and it is unrelated to wartime needs. This provision is for a location-specific parochial project. Michigan does not want trash from Canada coming into Michigan dump sites. At a time of heightened alert, when Customs officials are already working hard, it is inappropriate for Congress to task them with expending resources on searches they may or may not deem useful. Inspectors must be left to do their job instead of being directed to respond to parochial interests.
Department of Defense (DoD)
Language that would authorize West Point cadets receive flight training during the summer at University of North Dakota under a $2 million program known as "Air Battle Captain."
Explanation: This provision was not requested by the President or the Joint Chiefs on their unfunded requirements list. Last year's Senate DoD appropriations report earmarked $2 million in Army Operation and Maintenance account for the University of North Dakota ROTC program, known as "Air Battle Captain." On this supplemental bill, there is directive language which would authorize - for the first time - a new program to teach flight training to West Point cadets during summer training at the University of North Dakota. This may be a meritorious program, but shouldn't this aviation training program be competitively bid? There should be competition, to determine the most cost-effective means to provide this type of initial pilot training to West Point cadets.
Included in the Senate Appropriations supplemental report language (which was not disavowed by the conference report) is $12 million from Defense-Wide Research, Development, Testing and Evaluation for airfield improvements in Alaska that may be associated with the ground-based mid-course missile defense program.
Explanation: This provision was not requested by the President or the Joint Chiefs on their unfunded requirements list.
$6.8 million from Air Force Operation and Maintenance accounts to build and install fiber optic and power upgrades at the 11th Air Force Range in Elmendorf Air Force Base in Alaska.
Explanation: This provision was not requested by the President or the Joint Chiefs on their unfunded requirements list. This is not a new earmark. It was included in the DoD appropriations report language last year. However, a General Counsel in the Pentagon raised legitimate concern whether the money could be spent the way it was recommended in the report. Report language does not have the force of law. However, the war supplemental bill language does. Inserting this as bill language in the war supplemental bill leaves no doubt in any Pentagon General Counsel's mind.
$3 million earmarked directing the Army to build a rifle range for the South Carolina National Guard.
Explanation: This provision was not requested by the President or the Joint Chiefs on their unfunded requirements list. This is not a new earmark. It was included in the DoD appropriations report language last year. However, a General Counsel in the Pentagon raised legitimate concern whether the money could be spent the way it was recommended in the report. Report language does not have the force of law. However, the war supplemental bill language does. Inserting this as bill language in the war supplemental bill leaves no doubt in any Pentagon General Counsel's mind.
A new legislative provision, not previously in either the House or Senate war supplemental, that was added in the conference report, earmarked $2 million in the Army Operation and Maintenance accounts directing the Army to make range improvements at the Pennsylvania National Guard training range at Fort Indiantown Gap, Pennsylvania.
Explanation: This provision was not requested by the President or the Joint Chiefs on their unfunded requirements list. This is a new earmark. It was not in either the House or Senate supplemental bill. This Pennsylvania National Guard range improvement funding provision was included by the Appropriations conferees in the conference report as a new earmark not previously discussed in either body of Congress or not previously included in either bill.
Equal Employment Opportunity Commission (EEOC)
$15,000,000 for the Equal Employment Opportunity Commission to stabilize its finances and provide for a major restructuring of its organization.
Explanation: The President did not request this provision. The FY 2003 Omnibus appropriations bill already includes $308,822,000 for EEOC salaries and expenses. Does it really need an additional $15 million in funding in a war supplemental bill? When we consider the Commerce/Justice/State appropriations bill for the next fiscal year, we should debate funding for the EEOC at that time.
Legislative Branch
Senate
The Omnibus appropriations bill included a $500,000 pilot program to pay for mailings of Senators' postal patron postcards that provide notice of a town meeting attended by a Senator in a county "with a population of less than 250,000." The conference report eliminates the population requirement and allows the pilot program to pay for notices of town meetings in counties regardless of their population.
Explanation: The President did not request this provision. Without the population limitation, notices of town meetings in counties of any size would now be eligible for funding under this pilot program. This provision has nothing to do with the war in Iraq and should not have been included.
Library of Congress
Provision specifying that of the $11,100,000 transferred in the Omnibus appropriations bill to the educational consortium formed to conduct the "Joining Hands Across America: Local Community Initiative", not more than $500,000 may be used for a math and science education pilot project.
Provision specifying that the $10,000,000 available in the Omnibus appropriations bill for developing a high-speed data transmission between the Library of Congress and educational facilities, libraries, or networks serving Western North Carolina, be also available for a high-capacity computer facility to serve that region.
Explanation: These projects are not funded by the war supplemental, but from funds that were in the Omnibus appropriations bill. The appropriators claimed that these were "technical corrections" to old earmarks, previously included in the bill language of the Omnibus. These earmarks were unjustified then and now that they have been amended to create new earmarks, codified in law, they are even more unjustified. They are unrelated to the war in Iraq and do not belong in a war appropriations bill.
District of Columbia
$100,000 to Friends of Fort Dupont to restore and upgrade unused Fort Dupont baseball fields and to support the Fort Dupont's Kids on Ice program.
Explanation: This project is not funded by the war supplemental, but from funds that were in the Omnibus appropriations bill. The appropriators claimed that this was a "technical correction" to an earmark previously included in the report language of the Omnibus. This earmark was unjustified then in the report language, and it is still unjustified. Report language does not have the force of law but by amending the report language, the appropriators are indicating that they believe such language is binding. In any event, this earmark is unrelated to the war in Iraq and does not belong in a war appropriations bill.
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