This Statement of Administration policy provides the
Administration's views on the Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Bill, FY 2000, as
approved by the House Committee. Your consideration of the
Administration's views would be appreciated.
The Administration appreciates the Committee's efforts to
accommodate some of the Administration's priorities within its
302(b) allocation. However, the inadequacy of the 302(b) allocation
has forced the Committee to make choices that are simply
unacceptable.
The President's FY 2000 Budget proposes levels of discretionary
spending that meet important national needs while conforming to the
Bipartisan Budget Agreement by making savings proposals in mandatory
and other programs available to help finance vital spending needs.
Congress has approved and the President has signed into law nearly
$29 billion of such offsets in appropriations legislation since
1995. The Administration urges the Congress to consider more of such
proposals as the FY 2000 appropriations process moves forward.
In total, the Committee bill does not include the resources
necessary to support high priority programs at an acceptable level.
The bill would jeopardize critical activities and initiatives in a
number of areas, including:
- 21st Century Policing Initiative/Community Oriented
Policing Services (COPS). The Committee does not fund the
President's 21st Century Policing Initiative, which would enable
local police Departments to hire up to 50,000 additional community
police officers, hire new community prosecutors, and expand
community-based prevention efforts.
- Legal Services Corporation. The Committee funding level
for the Legal Services Corporation is unacceptable and would
severely cripple the program. Such a low funding level would call
into question the Federal Government's commitment to ensuring that
all Americans, regardless of income, have access to the judicial
system.
- Civil Rights Enforcement. Inadequate funding by the
Committee would: undermine the ability of the Equal Employment
Opportunity Commission to reduce the backlog of employment
discrimination complaints and not fund the new Equal Pay
Intiative; reduce the ability of DOJ's Civil Rights Division to
expand investigations and prosecutions of hate crimes, fair
housing, Americans with Disabilities Act and other cases; and,
reduce resources for the U.S. Commission on Civil Rights.
- International Affairs Programs. The Committee
underfunds activities to support the ongoing conduct of effective
diplomacy, and does not fully fund payments to international
organizations necessary to ensure U.S. leadership in international
affairs.
- Anti-Drug Programs. No funding is provided for the Drug
Intervention Program, which would help States and localities
implement tough new systems to drug test, treat, and punish drug
offenders, and funding is reduced from the request for the highly
successful Drug Courts program.
- Terrorism/Cybercrime. Inadequate resources are provided
to protect against chemical and biological weapons and for other
counterterrorism activities.
- Brady Handgun National Instant Check System. The bill
would prohibit the establishment of a fee to fund the Brady
Handgun National Instant Check System (NICS).
- Tobacco Litigation. The Committee has not provided the
direct appropriations requested for tobacco litigation, which the
Department plans to bring to recover money on behalf of the
American people.
- Environmental Initiatives. Inadequate funding is
provided for the President's Lands Legacy initiative, Pacific
coastal salmon recovery efforts, the Pacific Salmon Treaty, and
other programs.
- Advanced Technology and Small Business Programs. The
Advanced Technology Program is terminated. The Small Business
Administration's new markets initiative is not funded and deep
cuts in other programs will undermine SBA's ability to serve small
businesses across the Nation.
In addition, the Committee bill includes a number of
objectionable language provisions. We urge the House to strike these
provisions.
If the bill were presented to the President in its current form,
the President's senior advisers would recommend that he veto the
bill.
Detailed comments on the Committee bill are provided in the
attachment. We look forward to working with the House to address our
mutual concerns.
Attachment
Attachment (House Rules)
DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE
JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS BILL, FY
2000 (AS REPORTED BY THE HOUSE APPROPRIATIONS COMMITTEE)
Legal Services Corporation
- The Committee bill funds the Legal Services Corporation (LSC)
at $141 million, $159 million below the FY 1999 enacted level and
$199 million below the President's request of $340 million. This
funding level is unacceptable and would severely cripple the
program. Such a low funding level would call into question the
Federal Government's commitment to ensuring that all Americans,
regardless of income, have access to the judicial system. The
Administration urges the House to fully fund the President's
request for the LSC.
Department of Justice
- 21st Century Policing Initiative/Community Oriented Policing
Services (COPS)
. The Administration strongly opposes the
Committee's decision not to fund the 21st Century Policing
Initiative and to fund the COPS program at only $268 million. We
urge the House to fully fund the 21st Century Policing Initiative
at the requested level of $1,275 million. This initiative would
enable local police Departments to hire up to 50,000 additional
community police officers, hire new community prosecutors, and
expand community-based prevention efforts.
- Law Enforcement Funding Level. The Administration
appreciates the Committee's support for many of the Justice
Department's law enforcement programs. The Committee's funding
levels are substantially higher than the Senate's levels for these
critical programs. We request that the House redirect funding for
lower priority and unrequested programs to programs of higher
priority, such as the 21st Century Policing Initiative, and are
concerned about Committee's action in the areas discussed below.
- Civil Rights Enforcement. The Administration urges the
House to fully fund the request for the Civil Rights Division. The
President's requested level, $82 million, would enable the
Department to expand significantly its investigations and
prosecutions of criminal civil rights cases (including hate crimes
and police misconduct), fair housing and lending cases, and
violations of the Americans with Disabilities Act.
- Anti-Drug Programs. The Administration opposes the
Committee's decision not to provide $100 million for the Drug
Intervention Program, which would help States and localities
implement tough new systems to drug test, treat, and punish drug
offenders. In addition, the Administration objects to the
Committee's proposed $10 million reduction to the request for the
highly successful Drug Courts program. Taken together, the
Committee's actions would make it difficult to achieve the drug
reduction targets in the annual drug strategy and in the Office of
National Drug Control Policy Reauthorization Act of 1998.
- Protection Against Chemical and Biological Weapons. The
Administration is disappointed with the Committee's decision to
reduce funding for the $174-million effort to provide equipment,
training, and other assistance to State and local first responders
by $100 million. We believe the levels proposed in the President's
budget reflect the appropriate balance among antiterrorism
activities. In particular, we hope that the House will provide the
Administration's request for bomb squad equipment and for research
and development.
- Brady Handgun National Instant Check System. The
Administration is concerned that the Committee bill would prohibit
the establishment of a fee to fund the Brady Handgun National
Instant Check System (NICS). We urge the House to approve the
requested fee.
- Border Technology. The Administration is disappointed with
the Committee's decision not to fund $50 million in
force-multiplying Integrated Surveillance Intelligence System
(ISIS) technology, which allows day and night real time monitoring
of the border. The first phase of ISIS has been deployed in
Arizona, New Mexico, and Texas and the impact on border control
and officer safety is dramatic - agents now respond to actual
incursions knowing in advance what awaits them at the border.
Border Patrol agents and local ranchers have praised ISIS as an
effective means of border management. We hope Congress will
support the accelerated deployment of ISIS in FY 2000.
- Youth Prevention Block Grant. The Administration
appreciates the Committee's support of juvenile prevention
programs. However, in place of the block grant, which could
support a wide range of unfocused activities, the Administration
urges the House to appropriate the funding through the At-Risk
Children's program. This will ensure that continued support is
provided for the Safe Schools/Healthy Students initiative and for
Indian Country.
- Counterterrorism Fund. The Administration urges the House
to fully fund the Administration's $27 million request, which is
needed to ensure sufficient resources to cover unanticipated
expenses in combating terrorism.
- Tobacco Litigation. The Administration is disappointed
that the Committee has not provided the direct appropriations
requested for tobacco litigation, which would force the Department
to use base funds to develop claims to recover money on behalf of
the American people. Given that the States settled their claims
against the tobacco industry for more than $200 billion and that
Federal health care costs substantially exceed those of the
States, the $20 million requested by the Administration is small
compared to the potential recoveries.
- Bureau of Prisons. The Administration urges the House to
strike section 103 of the Committee bill, which would prohibit the
Bureau of Prisons from funding abortions except in cases of rape
or where the life of the mother is endangered. The Department of
Justice believes that there is a great likelihood that this
provision would be held unconstitutional.
- State Criminal Alien Assistance Program. The
Administration appreciates the Committee's funding of the State
Criminal Alien Assistance (SCAAP) program. However, as requested
in a July 19, 1999, budget amendment, we urge the House to
allocate $19.4 million in SCAAP funding to reimburse Guam, the
Commonwealth of the Northern Mariana Islands, and the Department
of Justice for the costs of detaining and repatriating smuggled
aliens. The funding will be used to reimburse these Governments
and the Department of Justice for their FY 1999 and FY 2000
detention housing costs. It is estimated that the use of SCAAP
funds for this purpose will reduce reimbursement by one cent for
every dollar claimed.
- Indian Country Law Enforcement. The Administration is
concerned that the Committee has not provided any funding for the
Indian Country law enforcement initiative. We urge the House to
fully fund the Administration's request of $124 million.
Department of Commerce
- National Oceanic and Atmospheric Administration
. The
Administration is deeply concerned about the Committee's
significant reductions to the request for the National Oceanic and
Atmospheric Administration (NOAA), and urges that full funding be
restored for the agency's critical initiatives. Specifically, the
Administration urges the House to provide an additional $105
million to fully fund the Lands Legacy Initiative, which is
critical to help restore and protect our Nation's oceans and
coastal resources; $52 million for a new state-of-the-art research
vessel to conduct fisheries stock assessments and meet the
increasing demands of the Magnuson-Stevens Act; and, $160 million
to implement the Pacific Coastal Salmon Recovery program, to
include Tribal funding, as requested by the Administration, and
fulfill our commitments under the recently signed Pacific Salmon
Agreement with Canada.
It is crucial that the Endangered Species Act program be funded
at the requested level to support implementation and foster
Federal partnership efforts with the States. The Administration
also urges that funding be restored for the Global Learning and
Observations to Benefit the Environment program and for NOAA's
effort to build capacity at, and promote relationships with,
Historically Black Colleges and Universities. In addition, the
Administration strongly urges the House to restore funding for the
President's Information Technology Initiatives and climate and
global change research.
The Administration opposes the reduction to the National
Polar-orbiting Operational Environmental Satellite System
(NPOESS). This reduction, particularly if combined with a
reduction in the Department of Defense appropriations bill, would
likely significantly delay the program and could result in a gap
in satellite coverage. It is also critical that the House provide
full funding for the National Weather Service's (NWS's) base
activities and radiosonde replacement program. Finally, the
Administration requests that the House fully fund the Advanced
Weather Interactive Processing System (AWIPS) to allow the NWS to
provide AWIPS coverage at all Weather Forecast Offices. Full
funding of the AWIPS will help to continue modernization efforts
to improve support of severe weather warnings and general
forecasts.
- Technology Administration Programs. The Administration
strongly opposes the Committee's elimination of funding for the
Advanced Technology Program (ATP). This program is producing
significant economic benefits by promoting development of
cutting-edge technologies. Independent economic studies forecast
that benefits from just three early ATP projects could exceed the
total program costs to date.
While the Administration is pleased to see that the
Manufacturing Extension Program has been fully funded, we are
concerned with the freeze at the FY 1999 enacted level for
in-house research and construction accounts of the National
Institute of Standards and Technology (NIST). These funding levels
would impede NIST's standards leadership and delay construction of
its Advanced Measurement Laboratory.
The Administration urges the House to provide the $2 million
requested for the National Technical Information Service (NTIS) to
facilitate the long-term resolution of NTIS's financial problems
in FY 2000. We anticipate working closely with the Congress in
resolving these problems.
- Patent and Trademark Office. The House has reduced the
Patent and Trademark Office's (PTO's) new spending authority by
$51 million from the request and by $10 million from current
levels. We urge the House to enable PTO to spend the requested
amount from its earned fees. Excessive constraints on fee-funded
staffing and technology investments when patent and trademark
applications are at record levels would make it difficult for PTO
to process applications in a timely manner. In addition, the
Administration opposes amendments that would delay or terminate
the ongoing procurement of a long-term lease for PTO.
- Critical Infrastructure and other Associated Programs. The
Administration is disappointed that funding for the Critical
Infrastructure Assurance Office (CIAO) has been eliminated and
urges the Committee to restore funding for this essential
activity. The CIAO is crucial to implementing Presidential
Decision Directive 63 and coordinating the Nation's critical
infrastructure program. Likewise, we urge full funding for
critical infrastructure activities in the National
Telecommunications and Information Administration, including lead
agency, Information Sharing and Assessment Center, and research
activities for the telecommunications sector. In addition, the
Administration urges that full funding be provided for Chemical
Weapons Convention, National Defense Authorization Act, and Export
Control Automated Support System redesign activities.
- Decennial Census. The Administration has proposed to fully
fund the Decennial Census within the limitations of the budget
caps and we urge the Committee to work on a funding approach that
is consistent with our proposal. The Administration appreciates
that the Committee has recommended funding all but $15 million of
the request for the decennial census. We are concerned that
funding for decennial census activities is appropriated by
"framework." This would impose unnecessary restrictions on the
Census Bureau's ability to manage the program and respond to a
changing environment.
- Non-decennial Economic and Statistical Analysis. In
addition to concerns about the decennial census, the
Administration urges that full funding be provided for
high-priority initiatives such as the continuous measurement
program. Continuous measurement will provide valuable annual
demographic information and eliminate the need for the "long form"
in the 2010 census. The Administration urges the Committee to
increase Census Bureau and Economics and Statistics
Administration's (ESA's) Salaries and Expenses accounts from a
freeze at the FY 1999 level to the requested level. Funding the
Census Bureau at the FY 1999 level could lead to a
reduction-in-force, thereby impairing the Bureau's ability to
carry out its economic and demographic survey work. The freeze for
ESA combined with funding already enacted pay increases could lead
to a six-percent reduction of its workforce, impairing the ability
of the Bureau of Economic Analysis (BEA) to account properly for
GDP and electronic commerce.
The Administration urges the House to strike language that
would prohibit base funds from being used on Integrated Economic
and Environmental satellite accounts. The National Research
Council's recent analysis of this issue, which was requested by
the Congress, reported favorably on BEA's initial work in this
area.
- National Telecommunications and Information
Administration. The Administration urges the House to provide
full funding for the Public Telecommunications Facilities,
Planning and Construction Program, which would ensure that public
broadcasters are able to meet the Federally-mandated May 2003
deadline for the transition to digital broadcasting. We also
recommend full funding for Information Infrastructure Grants, a
program with a proven track record of extending the reach of
innovative technology to underserved communities.
- Economic Development Administration. The Administration
recommends that the House restore the President's requested
funding level for the Economic Development Administration's
(EDA's) Salaries and Expenses account in order to maintain
appropriate administrative oversight of EDA grant programs.
Small Business Administration
- New Markets
. The Administration is very concerned that the
Committee does not included the requested $85 million in funding
for the Small Business Administration's (SBA's) new markets
initiatives to invest in targeted rural and urban areas. This
funding will allow SBA to expand the availability of equity and
credit in these underserved areas by providing loan subsidies and
technical assistance to New Market Venture Capital companies which
will invest $200 million in new businesses; by creating New Market
Lending Companies, which will provide 7(a) business loans
guarantees to small businesses in these underserved areas; by
providing incentives for existing Small Business Investment
Companies to invest in these targeted areas; and by creating
BusinessLINC, which will link large corporations in mentor/protege
relationships with small businesses in the new market areas.
- Administrative Expenses. In addition, we strongly oppose
the reductions in funding for SBA operations, including the $37
million reduction to the request for the Business Loan Program's
administrative expenses and the elimination of the $45 million
requested for indirect Disaster Loan Program administrative
expenses. These funding levels could require SBA to eliminate up
to 2,400 staff positions, or 75 percent of the agency's current
staff level, undermining SBA's ability to serve small businesses
across the Nation. Finally, the Administration urges the House to
provide funds to support the full $10.5 billion requested for 7(a)
business loan volume.
International Affairs Programs
- Embassy Security
. The Administration appreciates the
Committee's strong support for improved embassy security,
including the funds provided for the ongoing costs of immediate
improvements in the aftermath of the bombings in Nairobi and Dar
es Salaam, as well full funding of the FY 2000 request for an
accelerated construction program of new, secure facilities.
However, the Committee bill does not address the President's
request for advance appropriations necessary to support a
multi-year capital improvement program. This multi-year
construction program to protect all Americans serving abroad is a
top priority of the President and his senior advisers. There is
unanimity among security experts that a robust, multi-year program
is a necessary component of a long-term solution to security
threats.
- Department of State Operating Expenses. The Administration
is very concerned about the Committee's reduction of $101 million
for the Department of State's operating requirements. While
recognizing the Committee's legitimate concerns that streamlining
of ongoing State activities must continue, the reductions proposed
would make it difficult for the Department to maintain operations
needed to advance the Nation's foreign policy agenda, integrate
the U.S. Information Agency and Arms Control and Disarmament
Agency into a reorganized Department of State, and carry out basic
mission activities such as passport and visa services. The funding
level in the Committee bill could require a hiring freeze,
furlough of employees, and potential closure of overseas posts.
- International Organizations. The Administration
appreciates the steps that the Committee has taken to fund the
request for arrearage payments this year. We want to work with the
Congress to ensure that these funds are available in a timely
fashion to retain our influence in these organizations. We
continue to seek full funding at the request level of $446 million
for UN arrears. In addition, we ask that the $107 million UN
credit be available under the same terms and conditions as the
Senate-passed authorization bill.
The Committee significantly underfunds the annual assessed
contributions funded through the Contributions to International
Organizations and Contributions for International Peacekeeping
Activities accounts. The proposed funding levels would increase
arrears and further inhibit chances for the reforms we all are
seeking. The Administration is concerned that such funding levels
would seriously impair the ability of the United States to address
foreign policy interests through the mechanism of U.N.
peacekeeping, especially in light of increasing requirements. The
Committee continues a $100 million withholding for a UN budget cap
certification, which would contribute to the possibility of the
U.S. losing its vote in the UN as of January 1, 2000. We urge that
this withholding be eliminated.
- Earmarking. The Administration is concerned about the
earmarking of funds for public diplomacy and international
information programs. Mandating separate accounting within the
Diplomatic and Consular Programs account for public diplomacy
would be counter-productive to the Department's streamlining
efforts and would impede efforts to integrate this function
effectively. The Administration's plan would fully integrate
public diplomacy across several different bureaus, making such
accounting burdensome. The proposed integration would provide a
better mechanism to identify and act on priority public diplomacy
issues and coordinate Washington resources with the needs of the
field.
- Border Security Program. The Administration is pleased
with the Committee's continued support of fee collections
necessary to execute the President's Border Security Program.
However, limits placed on the amount of fees that can be used in
FY 2000 could slow critically needed border security improvements.
We urge the House to provide this fee authority without an
artificial cap that would restrict FY 2000 resources available for
this important program.
- Educational and Cultural Exchange Programs. The
Administration strongly opposes the Committee's severe reductions
to educational and cultural exchange programs. These reductions
would reverse the Administration and Congress' joint efforts over
the past few years to build the capacity of the Fulbright academic
exchange program, cut the number of future leaders who participate
in the International Visitors Program, and hurt our ability to
engage Americans directly in substantive international activities
with their counterparts abroad.
- International Broadcasting. The Administration is
concerned that the Committee's levels for international
broadcasting operations and capital improvements would make it
difficult to maintain the current levels of non-military
international broadcasting. In addition, we urge the House not to
rescind $14 million for broadcasting operations. The
Administration has submitted a request to reprogram a portion of
these funds to defray the cost of broadcasting to the Kosovo
region and for other high priority needs.
- Other International Accounts. The Administration requests
restoration of the Committee's $7 million reduction to the grant
to the Asia Foundation. In addition, we are concerned about the
reductions below the FY 2000 request for the American Institute in
Taiwan and the International Commissions. Such reductions would
place a disproportionate burden on the operating budgets of these
small agencies. Finally, the Administration opposes the
Committee's decision to eliminate funding for the East-West Center
and North-South Center.
- Presidential Advisory Commission on Holocaust Assets. The
Administration appreciates the inclusion of the $1.162 million
transfer from the Department of State for the Presidential
Advisory Commission on Holocaust Assets in the United States.
However, we are concerned that without adequate funding from the
Department of Justice, the Commission will be unable to fulfill
its important mandate to research and report on the collection and
disposition of Holocaust-era assets in the United States.
- Foreign Policy Issues. A number of provisions regarding
the conduct of foreign affairs raise constitutional concerns.
Section 609 regarding Vietnam would unconstitutionally constrain
the President's authority with respect to the conduct of
diplomacy. In addition, two provisions would unconstitutionally
constrain the President's authority as Commander-in-Chief and
authority with respect to the conduct of diplomacy: section 610,
which relates to command and control of United Nations
peacekeeping efforts; and, language in the Contributions for
International Peacekeeping Activities that would require a report
to Congress prior to voting for a UN Peacekeeping mission.
Kyoto Protocol
- The Committee bill includes a rider prohibiting implementation
of the Kyoto Protocol. The Administration opposes the inclusion of
this unnecessary provision because we do not intend to implement
the Protocol before Senate ratification. Further, applying these
restrictions to international negotiations and activities raises
serious Constitutional concerns.
Securities and Exchange Commission
- The Administration is concerned about the $37 million
reduction from the requested program level for the Securities and
Exchange Commission (SEC). The Committee level would make it
difficult for the agency to fulfill its core mission of protecting
investors and providing oversight of securities markets. Such a
reduction could require the SEC to cut staffing by 300 work-years,
curtail expenditures for technology to fight internet fraud, and
cut back support for litigation efforts. We urge the House to
fully fund the request of $361 million.
Equal Employment Opportunity Commission
- The Administration urges the House to fully fund the request
of $312 million for the Equal Employment Opportunity Commission
(EEOC). The Committee bill would freeze funding for the Commission
at the FY 1999 enacted level of $279 million. Funding EEOC at the
requested level would allow the Commission to significantly reduce
the backlog of employment discrimination complaints and strengthen
the effective use of alternative dispute resolution techniques and
fund the new Equal Pay Initiative to increase compliance with
equal pay laws.
U.S. Commission on Civil Rights
- The Administration urges the House to increase the funding
level for the U.S. Commission on Civil Rights (the Commission)
from the FY 1999 level of $8.9 million. Funding the Commission at
the requested level of $11 million would help ensure an informed
public debate about critical civil rights issues that deserve
national attention.
Federal Communications Commission
- The Administration urges full funding of the requested
increases for the Federal Communications Commission (FCC). The
Committee's funding level could require an agency-wide furlough or
reduction-in-force, impairing the FCC's ability to carry out its
mission. The Administration also strongly urges the House to adopt
the proposal to clarify the relationship of bankruptcy law with
regard to spectrum licenses, which will provide savings and help
ensure the integrity of the spectrum auction process.
Office of the United States Trade Representative
- The Administration urges the House to fully fund the Office of
the United States Trade Representative (USTR). The requested level
will allow USTR to carry out its extensive and expanding
negotiating mandate and will support an expansion of efforts in
key and emerging regional areas, including Japan, China, and
Africa, as well as on agricultural trade.
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