[Congressional Record Volume 146, Number 74 (Wednesday, June 14, 2000)]
[House]
[Pages H4485-H4487]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                               H.R. 4578

                    Offered By: Mr. Hill of Montana

       Amendment No. 51: Page 53, line 4, after the dollar amount 
     insert ``(reduced by $500,000) (increased by $500,000)''.

                               H.R. 4578

                    Offered By: Mr. Hill of Montana

       Amendment No. 52: At the end of the bill, insert after the 
     last section (preceding the short title) the following:

                 TITLE V--ADDITIONAL GENERAL PROVISIONS

       Sec. 501. None of the funds made available in this Act may 
     be used to remove or rescind a designation, in existence as 
     of the date of enactment of this Act, of a route or water 
     surface for use by snowmobiles under section 2.18(c) of title 
     36, Code of Federal Regulations, or any special regulations 
     promulgated thereunder, in Yellowstone National Park, Grand 
     Teton National Park, or the John D. Rockefeller National 
     Memorial Parkway.

                               H.R. 4578

                         Offered By: Ms. Kaptur

       Amendment No. 53: Page 69, Line 10: After ``until 
     expended.'' Add ``Provided, that the Secretary of Energy 
     shall annually acquire and store as part of the Strategic 
     Petroleum Reserve 300,000,000 gallons of ethanol and 
     100,000,000 gallons of biodiesel fuel. Such fuels shall be 
     obtained in exchange for, or purchased with funds realized 
     from the sale of, crude oil from the Strategic Petroleum 
     Reserve.''

                               H.R. 4578

                          Offered By: Mr. Ose

       Amendment No. 54: On page 52, strike lines 12 through 15.

                               H.R. 4578

                         Offered By: Mr. Sununu

       Amendment No. 55: Page 5, line 17, after the first dollar 
     amount insert the following: ``(increased by $10,000,000)''.
       Page 15, line 15, after the first dollar amount insert the 
     following: ``(increased by $10,000,000)''.
       Page 17, line 7, after the dollar amount insert the 
     following: ``(increased by $10,000,000)''.
       Page 17, line 9, after the dollar amount insert the 
     following: ``(increased by $10,000,000)''.
       Page 17, line 13, after the dollar amount insert the 
     following: ``(increased by $10,000,000)''.
       Page 54, line 25, after the dollar amount insert the 
     following: ``(increased by $10,000,000)''.
       Page 67, line 16, after the dollar amount insert the 
     following: ``(reduced by $126,500,000)''.

                               H.R. 4635

                        Offered By: Mr. Andrews

       Amendment No. 11: Page 20, line 13, after the dollar 
     amount, insert the following: ``(reduced by $25,000,000)''.
       Page 20, line 18, after the dollar amount, insert the 
     following: ``(reduced by $25,000,000)''.
       Page 62, line 22, after the dollar amount, insert the 
     following: ``(increased by $25,000,000)''.
       Page 63, line 1, after the dollar amount, insert the 
     following: ``(increased by $25,000,000)''.

                               H.R. 4635

                        Offered By: Mr. Andrews

       Amendment No. 12: Page 20, line 13, after the dollar 
     amount, insert the following: ``(reduced by $60,000,000)''.
       Page 20, line 18, after the dollar amount, insert the 
     following: ``(reduced by $60,000,000)''.
       Page 62, line 22, after the dollar amount, insert the 
     following: ``(increased by $60,000,000)''.
       Page 63, line 1, after the dollar amount, insert the 
     following: ``(increased by $60,000,000)''.

                               H.R. 4635

                       Offered By: Mr. Bilirakis

       At the appropriate place in the bill insert the following:

     SEC. XX. OFFICE OF THE ENVIRONMENTAL PROTECTION AGENCY 
                   NATIONAL HAZARDOUS WASTE AND SUPERFUND 
                   OMBUDSMAN.

       (a) Reauthorization.--
       (1) In general.--Section 2008(d) of the Solid Waste 
     Disposal Act (42 U.S.C. 6917(d)) is

[[Page H4486]]

     amended by striking ``4 years after the date of enactment of 
     the Hazardous and Solid Waste Amendments of 1984'' and 
     inserting ``on the date that is 10 years after the date of 
     enactment of the Act making appropriations for the 
     Departments of Veterans Affairs and Housing and Urban 
     Development, and for sundry independent agencies, boards, 
     commissions, corporations, and offices for the fiscal year 
     ending September 30, 2001, and for other purposes''.
       (2) Functions and power of office.--
       (A) General functions.--In addition to those functions not 
     otherwise inconsistent with Federal law and the solid and 
     hazardous waste laws of the United States, if shall be the 
     function of the Hazardous Waste and Superfund Ombudsman to 
     administer the Office of Environmental Protection Agency 
     National Hazardous Waste and Superfund Ombudsman to:
       (i) assist citizens in resolving problems with the 
     Environmental Protection Agency;
       (ii) identify areas in which citizens have problems in 
     dealing with the Environmental Protection Agency;
       (iii) to the extent possible, propose changes in the 
     administrative practices of the Environmental Protection 
     Agency to mitigate problems identified under clause (ii);
       (iv) identify potential legislative changes that may be 
     appropriate to mitigate such problems; and
       (v) conduct investigations, determine findings of fact, and 
     make non-binding recommendations.
       (B) General powers.--In addition to the powers not 
     otherwise inconsistent with Federal law and the hazardous 
     waste laws to the United States, the Office of Environmental 
     Protection Agency National Hazardous Waste and Superfund 
     Ombudsman shall have the following powers:
       (i) To investigate any act of the Environmental Protection 
     Agency, upon complaint or his own motion, without regard to 
     its finality.
       (ii) To adopt rules necessary for the execution of duties, 
     including procedures for receiving and processing complaints, 
     conducting investigations and reporting findings, not 
     inconsistent with this Act and the consensus standards 
     expressed in the 1969 Resolution of the American Bar 
     Association and the United States Ombudsman Association Model 
     Act for Ombudsman for the establishment of Ombudsman.
       (iii) To examine the records and documents and to enter and 
     inspect without notice the premises of the Environmental 
     Protection Agency together with related authorities of 
     section 104(e) of CERCLA.
       (iv) To subpoena any person to appear, to give sworn 
     testimony or to produce documentary or other evidence 
     determined by the National Hazardous Waste and Superfund 
     Ombudsman to be reasonably material to an Ombudsman 
     investigation.
       (v) To undertake, participate in or cooperate with any 
     persons or agencies in such conferences, inquiries on the 
     record, public hearings on the record, meetings and studies 
     as may be determined by the National Hazardous Waste and 
     Superfund Ombudsman to be reasonably material to an Ombudsman 
     investigation or which may lead to improvements in the 
     functions of the Environmental Protection Agency and 
     cooperating agencies.
       (vi) To maintain as confidential and privileged any and all 
     communications respecting any matter and the identities of 
     any parties or, witnesses coming before the National 
     Hazardous Waste and Superfund Ombudsman.
       (vii) To request independent counsel from the United States 
     House of Representatives, the United States Senate, the 
     appropriate United States Attorney, or, otherwise at the 
     election of the National Hazardous Waste and Superfund 
     Ombudsman, to enforce the provisions of this section.
       (viii) Administer a budget for the Office of Environmental 
     Protection Agency National Hazardous Waste and Superfund 
     Ombudsman.
       (3) Structure, operations and reports.--
       (A) Structure.--The National Hazardous Waste and Superfund 
     Ombudsman of the Environmental Protection Agency Office of 
     the National Hazardous Waste and Superfund Ombudsman shall 
     report to the Administrator of the Environmental Protection 
     Agency and Congress.
       (B) Operation.--The National Hazardous Waste and Superfund 
     Ombudsman of the Environmental Protection Agency Office of 
     Ombudsman shall have the authority and responsibility to, 
     but shall not be required to--
       (i) appoint one Ombudsman for each Region of the United 
     States;
       (ii) evaluate and take personnel actions (including hiring 
     and dismissal) with respect to any employee of the Office of 
     Ombudsman; and
       (iii) conduct and lead investigations, determine findings 
     of fact, and make non-binding recommendations.
       Notwithstanding the placement of the office described in 
     subparagraph (A), the Environmental Protection Agency Office 
     of the National Hazardous Waste and Superfund Ombudsman shall 
     maintain, at each and every location, an office location, a 
     telephone, facsimile and other electronic communication 
     access and a post office address at a location other than any 
     Environmental Protection Agency office.
       (c) Reports.--The Environmental Protection Agency Office of 
     the National Hazardous Waste and Superfund Ombudsman may from 
     time to time and shall annually report on the status of 
     health and environmental concerns addressed by complaints and 
     cases brought to the National Hazardous Waste and Superfund 
     Ombudsman. Such reports shall be submitted to the President, 
     to the Congress through the Commerce Committee of the House 
     of Representatives and the Committee on Environment and 
     Public Works of the Senate; and to the public, to the 
     Environmental Protection Agency, and in his discretion, to 
     other governmental agencies.
       (4) Immunities and obstruction.--
       (A) Immunities.--The National Hazardous Waste and Superfund 
     Ombudsman shall have the same immunities from civil and 
     criminal liabilities as an administrative law judge and shall 
     not be compelled to testify or produce evidence in any 
     judicial or administrative proceeding with respect to any 
     matter involving the exercise of official duties except as 
     may be necessary to enforce this Act or the criminal laws of 
     the United States.
       (B) Obstruction.--Any person who willfully obstructs or 
     hinders the proper and lawful exercise of the National 
     Hazardous Waste and Superfund Ombudsman's powers, or 
     willfully misleads or attempts to mislead the Ombudsman in 
     the course of an investigation shall be subject, at a 
     minimum, to penalties under sections 1001 and 1505 of the 
     United States Code.
       (5) Relation to other laws and cooperation.--
       (A) Relation to other laws.--The provisions of this section 
     do not limit any remedy or right of appeal and may be 
     exercised notwithstanding, any provision of law to the 
     contrary that an agency action is not reviewable, final or 
     not subject to appeal.
       (B) Cooperation.--All Federal agencies shall assist the 
     Environmental Protection Agency Office of the National 
     Hazardous Waste and Superfund Ombudsman in carrying out 
     functions under this Act and shall promptly make available 
     all requested information concerning past or present agency 
     waste management practices and past or present agency owned, 
     leased or operated hazardous waste facilities. This 
     information shall be provided in such format as may be 
     determined by the National Hazardous Waste and Superfund 
     Ombudsman.
       (6) Appropriation.--The sum of $2,000,000 is hereby made 
     available and appropriated within the general funds of the 
     Environmental Protection Agency for fiscal year 2001 for the 
     purposes of carrying out this Act. In future years not less 
     than one one-thousandth of the annual Environmental 
     Protection Agency appropriation shall be made available and 
     appropriated within the general funds of the Environmental 
     Protection Agency for the purposes of carrying out this Act.
       (7) Severability.--If any part of this Act is declared 
     invalid, all other provisions shall remain in full force and 
     effect.

                               H.R. 4635

                       Offered By: Mr. Bilirakis

       Amendment No. 14: Page 62, line 2, under the heading 
     ``Hazardous Substance Superfund'', after ``2002'' insert ``; 
     Provided further, That of amounts appropriated under this 
     heading, $2,000,000 shall be available for purposes of the 
     National Hazardous Waste and Superfund Ombudsman''.

                               H.R. 4635

                        Offered By: Mr. DeFazio

       Amendment No. 15: At the end of the bill, insert after the 
     last section (preceding the short title) the following new 
     section:
       Sec. 426. None of the funds made available in this Act may 
     be used by the Department of Housing and Urban Development to 
     provide any financial assistance for a smoke shop or other 
     tobacco outlet.

                               H.R. 4635

                        Offered By: Mr. DeFazio

       Amendment No. 16: Page 9, line 8, insert after the dollar 
     amount the following: ``(increased by $16,000,000)''.
       Page 79, line 23, insert after the dollar amount the 
     following: ``(reduced by $16,000,000)''.

                               H.R. 4635

                        Offered By: Mr. DeFazio

       Amendment No. 17: Page 79, line 23, insert after the dollar 
     amount the following: ``(reduced by $16,000,000)''.

                               H.R. 4635

                         Offered By: Mr. Filner

       Amendment No. 18: Page 14, after line 13, insert the 
     following:
       In addition, for ``Grants for Construction of State 
     Extended Care Facilities'', $80,000,000: Provided, That the 
     Congress hereby designates the entire such amount as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985: 
     Provided further, That such amount shall be available only to 
     the extent of a specific dollar amount for such purpose that 
     is included in an official budget request transmitted by the 
     President to the Congress and that is designated as an 
     emergency requirement pursuant to such section 251(b)(2)(A).

                               H.R. 4635

                         Offered By: Mr. Filner

       Amendment No. 19: Page 9, after line 8, insert the 
     following:
       In addition, for ``Medical and Prosthetic Research 
     Benefits'', $25,000,000: Provided, That the Congress hereby 
     designates the entire such amount as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the

[[Page H4487]]

     Balanced Budget and Emergency Deficit Control Act of 1985: 
     Provided further, That such amount shall be available only to 
     the extent of a specific dollar amount for such purpose that 
     is included in an official budget request transmitted by the 
     President to the Congress and that is designated as an 
     emergency requirement pursuant to such section 251(b)(2)(A).

                               H.R. 4635

                         Offered By: Mr. Filner

       Amendment No. 20: Page 9, after line 3, insert the 
     following:
       In addition, for ``Medical Care'', $35,200,000 for health 
     care benefits for Filipino World War II veterans who were 
     excluded from benefits by the Rescissions Acts of 1946 and to 
     increase service-connected disability compensation from the 
     peso rate to the full dollar amount for Filipino World War II 
     veterans living in the United States: Provided, That the 
     Congress hereby designates the entire such amount as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985: 
     Provided further, That such amount shall be available only to 
     the extent of a specific dollar amount for such purpose that 
     is included in an official budget request transmitted by the 
     President to the Congress and that is designated as an 
     emergency requirement pursuant to such section 251(b)(2)(A).

                               H.R. 4635

                         Offered By: Mr. Filner

       Amendment No. 21: Page 3, after line 21, insert the 
     following:
       In addition, for ``Readjustment Benefits'', $900,000,000 
     for enhanced educational assistance under chapter 30 of title 
     38, United States Code (the Montgomery GI Bill), in 
     accordance with the provisions of H.R. 4334 of the 106th 
     Congress as introduced on April 13, 2000: Provided, That the 
     Congress hereby designates the entire such amount as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985: 
     Provided further, That such amount shall be available only to 
     the extent of a specific dollar amount for such purpose that 
     is included in an official budget request transmitted by the 
     President to the Congress and that is designated as an 
     emergency requirement pursuant to such section 251(b)(2)(A).

                               H.R. 4635

                        Offered By: Mr. Hinchey

       Amendment No. 22: Page 46, line 21, after the dollar 
     amount, insert the following: ``(increased by $4,770,000)''.

                               H.R. 4635

                        Offered By: Mr. Hinchey

       Amendment No. 23: At the end of the bill, after the last 
     section (before the short title) insert the following new 
     section:
       Sec. __. None of the funds made available in this Act may 
     be used by the Department of Veterans Affairs to implement or 
     administer the Veterans Equitable Resource Allocation system.

                               H.R. 4635

                       Offered By: Mr. Hostettler

       Amendment No. 24: At the end of the bill, insert after the 
     last section (preceding the short title) the following new 
     section:
       Sec. __. None of the funds made available in this Act may 
     be used to administer the Communities for Safer Guns 
     Coalition.

                               H.R. 4635

                       Offered By: Mr. Hostettler

       Amendment No. 25: At the end of the bill, insert after the 
     last section (preceding the short title) the following:
       Sec. __. None of the funds made available in this Act to 
     the Department of Housing and Urban Development may be used 
     to enforce, implement, or administer the provisions of the 
     settlement document dated March 17, 2000, between Smith & 
     Wesson and the Department of Housing and Urban Development 
     (among other parties).

                               H.R. 4635

                        Offered By: Mr. Tancredo

       Amendment No. 26: Page 14, line 13, insert after the dollar 
     amount the following: ``(increased by $30,000,000)''.
       Page 73, line 18, insert after the dollar amount the 
     following: ``(reduced by $30,000,000)''.