October 6, 2000 (Senate)
H.R. 4690 - DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE
JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS BILL, FY
2001 (Sponsors: Stevens (R), Alaska; Gregg (R), New
Hampshire)This Statement of Administration Policy provides
the Administration's views on the Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Bill, FY 2001, as reported
by the Senate Committee. Your consideration of the Administration's views
would be appreciated.
The President's FY 2001 Budget is based on a balanced approach that
maintains fiscal discipline, eliminates the national debt, extends the
solvency of Social Security and Medicare, provides for an appropriately
sized tax cut, establishes a new voluntary Medicare prescription drug
benefit in the context of broader reforms, expands health care coverage to
more families, and funds critical investments for our future. An essential
element of this approach is ensuring adequate funding for discretionary
programs. To this end, the President has proposed discretionary spending
limits at levels that we believe are necessary to serve the American
people.
Unfortunately, the FY 2001 congressional budget resolution provides
inadequate resources for discretionary investments. We need realistic
levels of funding for critical government functions that the American
people expect their government to perform well, including education,
national security (including critical infrastructure protection and
counterterrorism initiatives), law enforcement, environmental protection,
preservation of our global leadership, air safety, food safety, economic
assistance for the less fortunate, research and technology, and the
administration of Social Security and Medicare. Based on the inadequate
budget resolution, this bill fails to address critical needs of the
American people.
The Senate Committee-reported bill severely underfunds critical
programs and includes highly objectionable language provisions. For
example, funding that needs to be restored includes the following: tobacco
litigation support, funding to support the agreement between the President
and the Speaker regarding New Markets/Empowerment Zones and Renewal
Communities, U.S. contributions to international peacekeeping, community
oriented policing services, gun enforcement programs, civil rights and
legal services, counterterrorism and critical infrastructure programs,
construction to provide greater security for U.S. embassies, anti-drug
abuse programs, programs to assist in the reentry of offenders, law
enforcement for Native Americans, programs to close the "digital divide,"
public television's digital transition, environmental programs to enhance
and restore fisheries and coastal areas, improved climate information,
trade compliance and promotion efforts, and economic development funding
for disadvantaged communities. Consequently, the President's senior
advisers would recommend that he veto the bill if it were presented to him
in its current form.
The Administration understands that an amendment will be considered to
provide $22 million to the Department of Justice to support the costs of
ongoing tobacco litigation. We strongly support this funding provision.
The Department of Justice lawsuit alleges that the tobacco companies have
conducted their business for decades in a false and deceptive manner,
without regard to the truth, the law, or the health of the American
public. This matter is now being considered by the courts, which will
determine whether the tobacco companies should bear responsibility for the
staggering costs of treating tobacco-related illnesses. The Administration
urges the Congress not to undermine the judicial process by underfunding
Justice's efforts.
In addition, the Administration also strongly supports efforts by
Members of Congress to address injustices in the immigration system by
changing the registry date and amending the Nicaraguan Adjustment and
Central American Relief Act (NACARA), and reinstating section 245(i). This
amendment would help individuals and their families who have been living
for many years in the United States and have developed strong ties to
their communities by giving them the opportunity they deserve to normalize
their immigration status. We urge the Senate to accept this amendment. The
President will insist that these provisions be included before the bill is
signed into law. While we support the Committee's decision to reinstate
section 245(i), we object to using the revenues for the purposes
recommended by the Committee and urge that the funds be used instead to
reduce the backlog of naturalization applications and to support detention
funding.
The attachment provides a discussion of the Administration's specific
concerns with the Senate Committee bill.
Attachment
Attachment
DEPARTMENTS OF COMMERCE, JUSTICE AND STATE, THE
JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS BILL, FY 2001 (As
Reported by the Senate Committee)
Department of Justice
- Tobacco Litigation Support. The Administration strongly
objects to language in the Committee bill requiring reprogramming
notification for all reimbursements to the Department of Justice's
General Legal Activities accounts. Enactment of this provision could
potentially restrict the Department from utilizing agency reimbursement
to support the cost of pursuing tobacco litigation. In addition, it
would create a tremendous administrative burden by requiring the legal
divisions to submit over 200 reprogrammings associated with
reimbursements annually to the Congress. We strongly urge the Senate not
to adopt this language. The Administration understands that an amendment
to provide $22 million to the Department of Justice to support the costs
of ongoing tobacco litigation may be offered. We strongly support this
funding provision.
- Immigration Provisions. The Administration strongly supports
efforts by Members of Congress to address injustices in the immigration
system by changing the registry date and amending the Nicaraguan
Adjustment and Central American Relief Act. We understand that an
amendment will be considered on these issues. The President will insist
that these provisions be included before the bill is signed into law.
People who have been living for many years in the United States and have
developed strong ties to their communities deserve the opportunity to
normalize their immigration status. While we support the Committee's
decision to reinstate section 245(i), we object to using the revenues
for the purposes recommended by the Committee and urge that the funds be
used instead to reduce the backlog of naturalization applications and to
support detention funding.
- Community Oriented Policing Services. The Administration
appreciates the Senate Committee's decision to fund the Community
Oriented Policing Services (COPS) at a higher level than the House.
Nevertheless, the proposed level of $812 million is still $523 million
below the Administration's request. We are concerned that this funding
level may jeopardize the President's goal of funding up to 50,000
additional community police officers by FY 2005. In addition, the
Administration strongly objects to the bill's failure to provide any
funds for community prosecutors or the Police Integrity Initiative. We
strongly urge the Senate to fully fund the Administration's request for
COPS.
- Amendments to the Ethics in Government Act. The
Administration strongly opposes provisions amending the Ethics in
Government Act, which would exempt judges from the honoraria prohibition
and exclude honoraria from the definition of outside earned income.
While the Administration fully agrees that adequate judicial pay is an
important component of judicial independence, we have serious objections
to augmenting compensation for public officials in this manner.
Moreover, this provision would have significant effects on the ethics
law applicable to all three branches. It is the kind of change in law
that should be made only after an opportunity for thoughtful
deliberation.
The honoraria prohibition of 5 U.S.C. app. ยง 501(b) being amended
by this provision was struck down as unconstitutional in part by the
Supreme Court in 1995 and determined by the Department of Justice to
have no surviving force. To now amend this provision to exclude certain
officers and employees of the judiciary without addressing the intended
application to other officers and employees in all three branches could
create confusion regarding the status of the honoraria prohibition as it
applies to the other branches. In addition, by excluding honoraria from
the definition of outside earned income, the amendment would change the
statute to allow senior employees in all three branches to earn
unlimited honoraria. This represents a change in the ethics law, which
currently imposes a 15-percent limit on outside earned income for such
employees.
- Gun Prosecutors. The Administration strongly opposes the
failure of the Committee bill to fund nearly all of the Justice
Department components of the President's Gun Enforcement Initiative,
including the absence of any funding for Federal and local gun
prosecutors to enhance prosecutions of dangerous gun criminals and
illegal gun traffickers. The bill fails to provide funding for local
anti-gun violence media campaigns to help cities replicate programs like
Richmond's "Project Exile," which sends a message to criminals about
tough penalties for violating gun laws. The bill also fails to provide
the funding increase requested for "smart gun" technology, which can
prevent unauthorized gun use and accidents by limiting the use of a
given gun to its proper owner. The bill provides only $33 million of the
requested $70 million for the National Criminal History Improvement
Program, which would upgrade criminal history records to help make Brady
background checks faster and more effective. We strongly encourage the
Senate to include funding for these important initiatives.
- Law Enforcement and Litigation. The Administration opposes
the funding levels provided for high-priority Federal law enforcement
and litigation programs, including the FBI, the U.S. Attorneys, and the
Department of Justice's legal divisions. The Committee bill provides
$4.7 billion, $419 million below the Administration's request for these
activities. The Committee mark, including the rescission of $40 million
in previously available funds for the FBI's Information Sharing
Initiative (now titled e-FBI) and the elimination of $20 million in base
funding for e-FBI, would threaten the ability of the FBI to maintain its
current level of operations.
The bill provides only $121 million to the Antitrust Division, $13
million below the Administration's request. This level of funding would
inhibit the Division's ability to review the record number of corporate
mergers and to investigate violations of antitrust laws. The Committee
bill provides inadequate resources to represent the interests of the
United States in the Nation's courts, thereby putting the U.S. Treasury
at risk of paying out claims that lack merit and diminishing the
Government's ability to pursue criminal and civil enforcement actions.
Our litigating components, including the U.S. Attorneys, would lose 900
positions, including 400 attorneys. The Administration also objects to
language included in the Committee bill and report that would require
that funding be cut off mid-year for U.S. Attorneys unless the Attorney
General publishes rules related to the conduct of Department employees
and which limit payment of any potential judgments resulting from the
case of Doe v. U.S. to the salaries and expenses of U.S.
Attorneys and general legal divisions.
- Civil Rights Enforcement. The Administration strongly opposes
the bill's funding level for the Civil Rights Division, which is $10
million below the FY 2000 enacted level and $26 million below the
President's request. This level of funding would require the Division to
reduce its staff by 20 percent and calls into question the Nation's
commitment to enforcing civil rights legislation such as the Americans
With Disabilities Act and the Voting Rights Act. The Civil Rights
Division is essential in combating abuses in our institutions for the
mentally ill and nursing homes, and in investigating allegations of
misconduct within police departments where a pattern of widespread abuse
exists. We urge the Senate to fully fund the Administration's request.
- Counterterrorism. We appreciate the Committee providing the
full $31 million requested for Nunn-Lugar-Domenici State and local first
responder training. However, the bill does not fund the Administration's
counterterrorism budget amendment for the Department of Justice. Recent
events have underscored the need for increased government efforts to
combat counterterrorism. The Administration's budget amendment seeks
funding for the FBI, including services to translate electronic
intercepts in a foreign language, equipment to improve the capability to
conduct lawful electronic intercepts, and resources to expand the number
of joint terrorism task forces (JTTF). For the Immigration and
Naturalization Service, no funding has been provided for JTTF staff,
intelligence staff, and border technology needed to strengthen our
defenses on the northern border. We urge the Senate to support these
initiatives fully.
- Cybercrime. The Committee has not adequately addressed
critical resources needed to improve the government's capacity to combat
cybercrime. Recent computer security events have highlighted the need
for additional government efforts. Not only has Congress provided no
enhancements provided to the Criminal Division, but the Division would
also have to reduce its staffing level below its current state to live
within the Senate mark. Without the 97 positions requested for the U.S.
Attorneys, there would be insufficient prosecutorial resources to
address the burgeoning cybercrime caseload. Furthermore, the FBI would
not have sufficient computer forensic examiners to address incoming
cases, let alone reduce the backlog of pending cases. We urge the Senate
to fully fund the Administration's cybercrime initiatives.
- Deputy Attorney General for Combating Domestic Terrorism. The
Committee bill would establish a Deputy Attorney General for Combating
Domestic Terrorism. While the Administration is supportive of efforts to
improve the coordination of terrorism programs, we have serious concerns
about the provision, particularly the assignment of responsibilities
that appear to go beyond the Department's statutory role. In addition,
creation of a second Deputy Attorney General position may not be
structurally appropriate. We stand ready to work with the Committee to
address these concerns.
- Immigration Budget. While the Administration supports the
Committee's decision to reinstate section 245(i) of the Immigration and
Nationality Act, we object to using the revenue generated by this
provision to fund activities currently funded through direct
appropriations. The Administration has recommended that section 245(i)
revenue be used to reduce a backlog in naturalization applications and
to maintain the current level of detention funding. In addition, the
Committee has failed to provide $34 million in appropriations to support
naturalization backlog reduction and also transfers $50 million from the
Exams Fee account to fund previously appropriated adjudication
functions. Combined, these actions would reduce funding available for
citizenship and immigration benefit processing and result in longer wait
times and greater backlogs.
- "Stop Drugs - Stop Crime" and Project Reentry. The Committee
bill provides only $103 million for the "Stop Drugs - Stop Crime"
initiative, $87 million below the Administration's request. The bill
does not fund the Department of Justice's Zero Tolerance and Drug
Intervention Program, which would help States and localities implement
tough new systems to test, treat, and punish drug offenders. The bill
provides $40 million, $10 million below the request, for the highly
successful Drug Courts Program. Taken together, these actions would make
it difficult, if not impossible, to achieve the drug reduction targets
specified in the annual drug strategy and in the Office of National Drug
Control Policy Reauthorization Act of 1998. Further, while the
Administration appreciates the Committee's decision to provide $7
million for the Reentry Program, this funding level still falls
significantly below the Administration's request of $60 million. The
request would provide greater community and law enforcement supervision
of released offenders, and key services such as drug testing and
treatment and job training to help lower recidivism rates and promote
responsible fatherhood among offenders.
- Detention Trustee. The Committee mark does not establish the
Detention Trustee, the first step in achieving the goal of centralized
Federal detention policy, which is supported by the Committee. The
Committee also has not provided the $25 million requested to cover the
Department's costs for the detention, care and removal of illegal
migrants held outside the continental United States. The establishment
of a source of funding for routine illegal migrant detention is a
priority for the Administration.
- State Criminal Alien Assistance Program (SCAAP). The
Administration is disappointed with the Committee's decision to fund
only $50 million of the $600 million request for SCAAP. The Committee's
bill would virtually eliminate reimbursements to States for incarcerated
criminal aliens. The Administration urges the Senate to fully fund this
program.
- Native American Law Enforcement. While the Committee provides
some additional FBI funding, most Justice programs aiding crime
prevention and law enforcement in Native American communities are funded
only at the enacted level. The Administration strongly urges the Senate
to provide the additional tribal resources requested for U.S. Attorneys
and within the Office of Justice Programs. The Administration also urges
the Senate to provide the request for the COPS Tribal Resources Grants
program, the Sexual Assault Nurse Examiner (SANE) Units, the Tribal
Courts Project, the Tribal Youth Program, the Office of Tribal Justice,
and Alcohol and Substance Abuse Testing. While the nationwide violent
crime rate has dropped, homicides and violent crime in Indian Country
are on the rise. These funds are designed to address this problem
through both prevention and enforcement.
- Pardon Attorney. The Administration takes strong exception to
the Committee's action to eliminate funding for the Office of the Pardon
Attorney and to move the Office from the Department of Justice. For over
100 years, the Office of Pardon Attorney has assisted the President in
carrying out this power. The Office consists entirely of career,
nonpartisan, Department of Justice attorneys, who research clemency
petitions and draft the Department's report and recommendation in each
case for the signature of the Deputy Attorney General. The Department
consults with the FBI, U.S. attorneys, and other relevant entities to
provide a thorough analysis of each case and the impact of a clemency
grant on law enforcement. The Office is properly assigned to and funded
through the Department of Justice.
- United States Parole Commission. The Administration opposes
the Committee's efforts to phase out the United States Parole Commission
(USPC). The Committee mark of $7.4 million is $1.8 million, or 20
percent, below the Administration's request. Such a reduced funding
level would seriously impede the USPC's ability to maintain current
operations and render it virtually impossible for the Commission to
assume statutorily mandated responsibilities over D.C. inmates and
parolees.
- Prisoner Transportation. The Administration opposes the
Committee's action to transfer "base" funding for the transportation of
prisoners and aliens from the Immigration and Naturalization Service,
the Bureau of Prisons, and the U.S. Marshall Service to the Justice
Prisoner and Alien Transportation System (JPATS) revolving fund. The
transfer would undermine the concept of JPATS being run as a business
operation and eliminate the ability of participating agencies to make
economic decisions regarding the most cost-effective way to transport
prisoners.
- Telecommunications Carrier Compliance. The Committee bill
does not include funding for the Telecommunications Carrier Compliance
Fund. Additional funding is needed for implementation of the
Communications Assistance to Law Enforcement Act (CALEA). Implementation
of the Act would ensure that law enforcement has the capability to
conduct court-approved electronic surveillance on digital
telecommunications equipment. While the Administration is very
appreciative of the funding provided for CALEA in P.L. 106-246, the FY
2000 Emergency Supplemental Act, only $300 million has been appropriated
to date out of the $500 million authorized by CALEA. A delay in
providing the remaining $200 million would hinder law enforcement,
particularly in its fight against terrorists, drug lords, and organized
crime.
- Fees and Expenses of Witnesses. The Committee mark reduces
funding for expert government witness testimony to $79 million, 17
percent below the FY 2000 enacted level. The Committee's action is being
taken at a time when large cases such as WINSTAR, tobacco and certain
tax and environmental litigation raises the potential liability for the
Federal Government into the billions of dollars. The full $156 million
requested should be provided to ensure the Department will be able to
hire expert witnesses and prepare and present testimony to strengthen
the Government's ability to prevail in court.
Department of Commerce
The Administration appreciates that the Senate Committee-reported bill
is a significant improvement over the House-passed version. Nevertheless,
we believe that certain key Commerce programs are still significantly
underfunded:
- Conservation Funding. The Administration strongly opposes the
Committee's cuts to the President's Lands Legacy Initiative, which is
funded at almost 60 percent below the request. Coastal ecosystem
protection programs such as marine sanctuaries, coral reef restoration,
State coastal zone management grants, and State coastal impact
assistance grants (to assist States that have offshore oil and gas
development) would be cut, along with the Pacific coastal salmon
recovery fund, thereby complicating and delaying State, local, and
Tribal salmon recovery initiatives. The Administration expects the
Committee to honor the appropriations and congressional leadership
agreement that would establish a new "conservation spending"
discretionary budget category in FY2002 continuing through FY2006, and
provide funding for the conservation programs at levels equal to or
greater than proposed in that agreement for FY2001. The Administration
is prepared to work with the Committee to ensure that the high priority
environmental conservation programs under the new category are fully
funded.
- National Oceanic and Atmospheric Administration. The
Administration strongly urges full funding of the Climate Observation
and Services initiative in order to support a transition of research
observing and data systems into operational systems and products.
Likewise, we strongly recommend funding for NOAA's efforts to establish
an integrated inter-agency Global Disaster Information Network to
improve disaster management information, for the Clean Water Action
Plan, and for National Marine Fisheries Service activities to help
recover endangered species. In addition, the Administration urges that
funding be provided to continue the highly successful Global Learning
and Observations to Benefit the Environment (GLOBE) program. We also
recommend increased funding for the PORTS program, to enable NOAA to
institute quality controls for data that assist the maritime industry.
The Administration urges the Senate to provide requested advance
appropriations for construction work at the Suitland Federal Center. The
nearly 60-year-old buildings at the Center are failing, threatening the
health and safety of employees of NOAA and the Census Bureau. The
Administration is also concerned that the Evansville, Indiana, Doppler
weather radar -- which the Modernization Transition Committee recognized
as necessary before the Evansville Weather Service Office can close --
is not funded. The Administration urges that funding be provided to
build capacity at minority serving institutions, both through NOAA and
the National Institute of Standards and Technology, to increase the
number of minorities trained in environmental and physical sciences.
- Digital Divide Initiatives. The Administration urges the
Senate to fully fund the initiatives to help close the Digital Divide
and help communities benefit from the emerging digital economy. During
its six-year history, the Technology Opportunities Program (TOP) of the
National Telecommunications and Information Administration (NTIA) has
helped underserved and low-income communities across the country gain
access to innovative information technology applications. The new
Connecting America's Families (Home Internet Access) program builds on
that success by supporting efforts to help low-income families receive
the benefits of home access to computers and the Internet. The Committee
bill provides no funding for the Connecting America's Families program
and underfunds TOP. The bill also fails to provide funding for the
Economic Development Administration's initiative to promote deployment
of broadband infrastructure in economically-distressed areas.
- Economic Development Administration. The Administration
strongly urges the Senate to fully fund the Economic Development
Administration (EDA). The Committee's mark cuts EDA programs by 40
percent from the 2000 enacted level and 47 percent from the
Administration's request. This reduction would severely impair efforts
to assist economically disadvantaged communities. The bill denies Native
American and Mississippi Delta communities, which are among the Nation's
most distressed areas, some of the critical assistance they need in
order to build stronger local economies and to connect with our overall
prosperity. The Administration urges full funding of $49 million for EDA
to fund infrastructure, planning, and public works projects in Indian
Country. In addition, the bill does not fund assistance to be provided
by EDA's proposed Office of Community Economic Adjustment to communities
injured by economic downturns due to trade-related issues and other
causes.
- Chemical Weapons Convention Compliance. The Administration
strongly urges full funding of the President's request of $8.5 million
for Chemical Weapons Convention inspections at industry facilities.
Without this funding, the Department of Commerce would be unable to
conduct site assistance visits to help U.S. companies prepare for these
international inspections and thereby better protect confidential
business information. The Department of Commerce would also be unable to
host the full complement of industry inspections required under the
Convention. Failure to provide the necessary funds could result in U.S.
noncompliance with its industry inspection obligations under the
Convention.
- Critical Infrastructure Protection. The Administration urges
support for the President's requested funding for the Critical
Infrastructure Assurance Office (CIAO) in the Bureau of Export
Administration and for the Expert Review Team in the National Institute
of Standards and Technology to help Government agencies identify
vulnerabilities and plan secure systems. Likewise, the Administration
strongly urges providing the $50 million requested by the President to
establish the Institute for Information Infrastructure Protection to
address research and development needs related to the protection of the
Nation's critical infrastructures. In addition, the $6.3 million
requested by NTIA will support the National Infrastructure Assurance
Plan for the communications and information sectors, as well as research
to evaluate telecommunication system and network enhancements that
address infrastructure vulnerabilities -- such as design weaknesses and
external threats. These funds will help ensure the security of the
Nation's critical infrastructure now and in the years to come.
- Economic and Statistical Infrastructure. The Administration
appreciates the Senate bill's funding for the decennial census, base
restoration, and e-business initiatives in the Census Bureau, as well as
the funding provided for the Economic and Statistics Administration.
However, we urge the Senate to include full funding for the Census
Bureau's continuous measurement program (which will provide current
information to allocate nearly $200 billion in Federal funds annually),
demographic survey sample redesign (an interagency process that updates
the sample populations of the major national demographic surveys after
the decennial census), and planned improvements in measuring economic
well-being and exports.
- International Trade Administration. The Administration
appreciates the Committee's support for the International Trade
Administration's (ITA's) Trade Compliance initiative. However, in order
to support ITA's trade enforcement capabilities fully and ensure that
U.S. companies and workers receive the full benefits of international
agreements, we urge the Senate to provide an additional $4 million to
fund the full request. The $35 million cut to the President's request
for the U.S. and Foreign Commercial Service could lead to significant
reductions in the Service's export promotion activities.
- Public Television's Digital Transition. The Administration
appreciates the Committee's providing an increase over the House-passed
bill for NTIA's Public Telecommunications Facilities, Planning, and
Construction Program. However, we urge the Senate to fully fund the
program at $110 million in order to help ensure that public broadcasters
can meet the Federally-mandated May 2003 deadline for the transition to
digital broadcasting.
- Technology Administration Programs. While the Administration
appreciates increases for key research and development programs at the
National Institute of Standards and Technology (NIST), we urge the
Senate to fully fund the President's request. The bill provides
insufficient funds for NIST initiatives to promote the development of
new information technologies, nanotechnology, and infrastructure
assurance, as well as to enhance the use of e-commerce services by small
manufacturers.
- Inspector General. The Administration urges the Senate to
review the Committee's proposed funding of the Office of Inspector
General (OIG), which is 16 percent below the request and five percent
below the FY 2000 enacted level. Through audits, inspections, and
investigations, the requested OIG funds support the Department's efforts
to prevent and detect fraud, waste, and abuse.
- Security and Departmental Management. The Administration
commends the Committee for providing full funding for Digital Department
investments and salaries and expenses within Commerce's Departmental
Management. The Administration also acknowledges the Committee's effort
to support Department Security services, but encourages full funding for
this important activity.
- New Markets Initiative. The Senate bill fails to provide the
$58.3 million requested for the New Markets Initiative ($21.7 million
for credit subsidy for New Markets Venture Capital (NMVC), $30 million
for technical assistance to small businesses by NMVC firms, and $6.6
million for BusinessLINC). Without these funds, the Administration and
the Congress would be unable to fund the Hastert-Clinton Agreement on
New Markets/Empowerment Zones and Renewal Communities to bring America's
economic prosperity and growth to those communities (including Indian
reservations) lagging behind the rest of the Nation.
Department of State and the Broadcasting Board of Governors
- Contributions for International Peacekeeping Activities
(CIPA). The Administration strongly opposes the Senate bill's
funding levels for UN peacekeeping. The bill would cut the
Administration's FY 2001 request by one-third, from $739 million to $500
million, and would halve the FY 2000 CIPA allocation by means of a $213
million rescission and another $45 million shift out of FY 2000 CIPA
funds -- money already agreed to and appropriated by the Congress. This
is on top of denying an earlier Administration request for $107 million
in supplemental FY 2000 CIPA funds, which remains as a pending request
to address current funding requirements. If enacted, these funding
levels would be devastating to UN peacekeeping and our efforts to reform
the UN, rationalize peacekeeping and reduce U.S. assessment rates there.
They would prevent us from meeting our treaty obligations and would
undermine important missions in Kosovo, East Timor, Sierra Leone,
Lebanon, Ethiopia-Eritrea, and elsewhere.
- Arrearage Payments. The Committee recommendation includes
$102 million for additional arrearage payments to the United Nations and
other international organizations, but includes a variety of spending
restrictions on the funding. While this amount would belatedly bring the
total appropriated for the payment of arrears to the Administration's
originally requested level of approximately one billion dollars, the
funding comes with too many hindrances to be an asset to our current
reform efforts and creates new certification requirements above and
beyond those in the United Nations Reform Act of 1999. The
Administration notes the irony of seemingly providing additional funding
for payment of arrears while severely underfunding, and even rescinding
existing appropriated funds from CIPA, thus creating new arrears at
least four times as high as those the Committee proposed to pay. If the
Committee is interested in strengthening our hand in negotiating
assessment scale reforms at the United Nations, the Administration
strongly recommends that it provide full funding of current peacekeeping
bills.
- Embassy Security. The Administration strongly opposes the
Committee's decision to cut the President's FY 2001 request for embassy
security in the Diplomatic and Consular Programs (D&CP) and Embassy
Security, Construction, and Maintenance (ESCM) accounts by $420 million,
or 40 percent. This would require steep reductions in requested
worldwide security upgrades and ongoing security enhancement support
within the ESCM and D&CP accounts. Only three of the six new
security construction projects requested in the ESCM account received
funding in the Committee mark, and nothing is provided for buildings to
support USAID activities. In addition, of the embassy security funding
the Committee does provide, $72 million is earmarked for unrequested
projects. Although the Administration appreciates funding for these
unrequested projects located primarily in China, it opposes funding them
at the expense of important security-related facility requirements. The
overall unacceptable level of funding would leave Americans working in
our diplomatic facilities overseas more vulnerable to terrorist attack
and would slash the Administration's effort to support a long-term
replacement program for unsafe facilities.
The Administration is also disappointed that the Committee has not
provided the requested advance appropriations for embassy security
construction to help ensure successful implementation of that long-term
capital investment program. The need to pursue a multi-year program to
improve security and protect all Americans serving abroad was recognized
by the authors of the Crowe report, which was produced in the aftermath
of the embassy bombings in Nairobi and Dar es Salaam. These findings
were reaffirmed in the more recent report of the Overseas Presence
Advisory Panel.
- State Department Operations. The Administration appreciates
the Committee's support for the regular operations of the Department of
State but opposes the multiple earmarks, restrictions including bill
language limiting the detail of employees, and unrequested items that
the Committee has included in its bill and report that seek to
micro-manage the activities of the Department of State and reduce the
Administration's flexibility to address foreign policy needs. Of utmost
concern is the Committee's unacceptable restriction on Machine Readable
Visa fees that support the President's Border Security Program. This
restriction would result in a reduction below current estimates of $101
million in resources available to the program in FY 2001. The
Administration requested permanent, unrestricted extension of this
authority. These funds have become indispensable to American citizens
for timely passport services and the improvement and support of the visa
process including the control mechanisms that prevent travel to the U.S.
of individuals associated with terrorist organizations or others who may
seek to use the process illegally.
In addition, the Administration is disappointed that the Committee
mark does not include $3 million in funds requested for trade
compliance, $1.5 million for labor and environmental standards
coordination, and $1 million in transfer authority to meet potential
needs of the Presidential Advisory Commission on Holocaust Assets.
Finally, the Administration appreciates funding provided to support the
1999 Pacific salmon treaty agreement. The Administration would prefer,
however, this funding be provided in the National Oceanic and
Atmospheric Administration accounts, where the funding was
requested.
- Contributions to International Organizations. While the
Administration does not object to the overall level of funding for this
account, which is $21 million above the Administration's request, we are
concerned with the funding assumptions that undergird the $944 million
provided. The Committee recommendation includes approximately $78
million in unrequested funding, and after factoring in the recent
reprogramming notification would still leave a shortfall in requested
funding for assessments for the United Nations and other international
organizations. To meet this shortfall, the Committee recommends some
untenable measures, including a directive to transfer $25 million
provided for Contributions to International Peacekeeping Activities in
FY 2000, which comes on top of a proposed rescission of $213 million in
FY 2000 Peacekeeping Funds. We urge the Senate to fund this account at a
level sufficient to meet all our assessments to international
organizations.
- Making U.S. Exporters Pay Fees for Munitions Export License
Applications. The Administration opposes section 403, which would
authorize the State Department to collect fees to process export license
applications for munitions, satellites, and related items controlled
under section 38 of the Arms Export Control Act. A number of issues
would need to be seriously considered before the Administration could
consider supporting this proposal, which has not been previously
addressed by Congress in hearings, or in discussions with the
Administration or U.S. industry. Making the State Department's licensing
resources dependent on fees collected could encourage additional
licensing requirements at a time when current Administration policy is
to support mechanisms to streamline the munitions licensing process. We
urge the deletion of this provision.
- Foreign Buildings Operations. While the Administration
appreciates the Committee's support of the Department of State's ongoing
overseas building program, the Administration objects to unrequested
items in the Embassy Security, Construction, and Maintenance mark. For
example, the Committee Report provides an earmark for fresco restoration
in the Palazzo Corpi in Istanbul Turkey. These earmarks would reduce the
amount available to pay leases and other building requirements and
divert funds away from higher-priority security enhancements.
- Diplomatic Telecommunications. The Administration is opposed
to efforts by the Congress to mandate the management, operations, and
security procedures for diplomatic telecommunications. The
Administration is working diligently to resolve any outstanding problems
with diplomatic telecommunications. Provisions such as those proposed
would be counterproductive to this effort. The Administration looks
forward to consulting with the Congress on remaining concerns.
- International Broadcasting Operations. The funding level of
$388 million recommended by the Committee is $17 million below the
President's request of $405 million This $17 million reduction is
directly tied to the proposal to merge the WORLDNET Television and Film
Service into the Voice of America (VOA). By funding only a skeletal
version of the merger, the U.S. Government would not have the ability to
support technically any television broadcasts for the U.S. Broadcasting
Board of Governors or Interactive Dialogues of the Department of
State. The Administration requests that the Senate support the
continuation of television production and delivery through the
consolidation of WORLDNET with the VOA by fully funding the President's
request.
- Educational and Cultural Exchanges. The Administration
appreciates funding for Education and Cultural Exchanges at the
requested level of $225 million, but is disappointed with the funding
level of $118 million for the J. William Fulbright Educational Exchange
Program, and urges the Senate to provide the President's request of $125
million. The Administration opposes earmarking $1,750,000 within this
account for the North/South Center, in lieu of a separate appropriation,
as requested in the budget. The Administration further requests that
funding in this account be made available until expended, as in previous
years.
- Other International Accounts. The Administration appreciates
the overall level of funding for the International Boundary and Water
Commission, the International Joint Commission, the International
Boundary Commission, the Border Environment Cooperation Commission, and
the International Fisheries Commissions. However, the Administration
objects to report language setting forth earmarks and spending
directions with no allowance to deviate without first consulting with
Congress. This restriction would hamper effective program management.
The Administration opposes the Committee's decision to eliminate funding
for the Asia Foundation.
- Foreign Policy Concerns. The Administration strongly opposes
provisions in the Committee bill concerning Jerusalem on constitutional,
foreign policy, and operational grounds. These provisions would intrude
on the President's constitutional authority to conduct foreign affairs
and to determine recognition by directing U.S. policy regarding
Jerusalem as the capital of Israel. At Camp David, the parties agreed to
continue their efforts to conclude an agreement on permanent status
issues as soon as possible and avoid actions that would prejudge the
outcome of these negotiations. The actions called for by these
provisions would prejudge the outcome of these negotiations and thus
would severely undermine U.S. efforts to promote a peaceful resolution
of the Arab-Israeli conflict.
- Trade in Conflict Diamonds. The Administration recognizes
that trade in "conflict diamonds" fuels instability in Africa and,
therefore, launched a State Department Initiative in 1999 aimed at
curbing the illegal diamond trade. We strongly support the intent
conveyed in section 409 of the Committee-passed bill, in particular the
intent to restrict trade in illegal diamonds while recognizing the
certification of origin of rough diamonds by the Governments of Sierra
Leone and Angola. We also support the identification of countries
actively engaged in the illicit diamond trade.
The Administration believes that while we counter illicit trade in
diamonds, legitimate diamond procedures should be protected and
encouraged. Therefore, we cannot support language that would inhibit
trade in legitimate diamonds. We are also concerned that section 409, as
drafted, could provide a disincentive for several African governments to
participate in an internationally-accepted certification regime, as
their diamonds would be excluded from the United States even if they
decided to participate in such a regime. In addition, there are
technical administrative issues which must be addressed in order to make
the bill enforceable. The Administration would be pleased to work with
the Senate to try to develop language that resolves these concerns while
preserving the intent of section 409.
- National Endowment for Democracy. While the Administration
appreciates the Committee's funding recommendation for the National
Endowment for Democracy, it objects to report language earmarking funds
and mandating activities that are inconsistent with the Endowment's
mission of working with the non-governmental sector to promote democracy
at the grassroots level.
- General Provisions. Other provisions in the Committee bill
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, language in the Contributions for International Peacekeeping
Activities appropriation that would require a report to Congress prior
to voting for a U.N. Peacekeeping mission would unconstitutionally
constrain the President's authority with respect to the conduct of
diplomacy as well as his authority as Commander-in-Chief.
Legal Services Corporation
While the Administration appreciates that the Committee has approved
funding at a level above the House, the bill is still $40 million below
the President's request and $4 million below the FY 2000 enacted level.
This level of funding would undermine the commitment of the Federal
Government that all persons have access to the judicial system, regardless
of income. We strongly urge the Senate to fund the LSC at the requested
level to help ensure equal access to the courts for all.
Equal Employment Opportunity Commission
The Senate Committee-reported bill is preferable to the House-passed
level, in that it provides sufficient funds to allow the Equal Employment
Opportunity Commission (EEOC) to maintain current service levels. The
Committee level, however, is still inadequate in that it eliminates over
$29 million in funding needed to ensure fair, efficient, and effective
handling of employment discrimination charges. At this funding level, the
EEOC would be unable to provide certain mediation and prevention
opportunities for employers and employees, make needed information
technology investments, and provide training and outreach as part of the
President's Equal Pay Initiative. The Administration urges the Senate to
support these important activities.
Commission on Civil Rights
The Senate Committee's recommendation to freeze the Commission's
funding at the FY 2000 level of $9 million is $2 million below the
President's request and would impair the Commission's ability to advance
civil rights for all Americans. The Administration urges the Senate to
restore funding to this critical agency.
Small Business Administration
The Administration is deeply concerned that the Senate bill provides
insufficient funding for critical Small Business Administration programs,
especially the following:
- Small Business Loans. The Senate bill underfunds the
Administration's request of $11.5 billion in 7(a) business loan volume,
by providing less than half the amount requested for direct microloans,
and less than twenty-five percent of the requested accompanying
microloan technical assistance. The funding level provided for these
programs would be insufficient to meet demand for small business loans
and would lead to fewer new business start-ups.
- Business Assistance Programs. The Administration appreciates
the $90 million funding level for the Small Business Development Centers
(SBDCs). We ask that the Senate provide the requested earmarks for
Native American SBDCs and for Tribal Business Information Centers,
including the request to waive the necessity for matching funds. In
addition, the Administration is disappointed that the Senate failed to
provide the Administration's request for several other business
assistance programs, including: SBIR Phase III ($15 million) and
Electronic Commerce ($5 million). Further, the Senate has not provided
the requested increases necessary to support other business assistance
programs, including Women's Business Centers, One Stop Capital Shops,
and SCORE.
- Modernizing Program Management. The Senate bill fails to
provide the additional $5 million requested for the Systems
Modernization Initiative to begin work to modernize the disaster loan
system, $7 million for the needed upgrade and maintenance of SBA's IT
systems, $4 million for workforce transformation, and $1.5 million for
the financial program advisor to support SBA's successful loan asset
sales program. These reductions would weaken SBA's loan program
management and result in higher loan program costs. At the same time,
the Administration appreciates the Senate's inclusion of language
permitting up to $3 million in reimbursement to the SBA for qualified
expenses to be derived from increased collections of delinquent debt.
The Administration also appreciates the Senate's support for the
creation of a new account (Non-Credit Business Assistance), which
separates the costs directly attributable to non-credit business
programs from salaries and expenses, thereby increasing the
accountability of both.
Federal Communications Commission
The Administration strongly opposes the Senate provision that would
prevent the FCC from granting or transferring a license or authorization
to any corporation of which more than 25-percent is directly or indirectly
owned by a foreign government or its representatives. The prospect of a
foreign government-owned company investing in a U.S. telecommunications
carrier could raise legitimate concerns. However, existing law already
requires that the FCC, the Executive Branch, and the multi-agency
Committee on Foreign Investment in the United States ensure that the
proposed foreign investment would not harm the public interest, including
competition in our market and national security or law enforcement
capabilities. The United States has benefitted greatly from the widespread
opening of foreign telecom markets in recent years. If the U.S. institutes
this provision, many countries may be tempted to restrict existing
opportunities offered to U.S. carriers and resist any further opening.
This could affect billions of dollars in current U.S. investment abroad,
and even more future investment. The Administration supports the objective
of robust competition for global markets. We believe this can be achieved
within existing legislative, regulatory and international mechanisms,
without risking possible disruption of the international
telecommunications market. The Senate provision is unnecessary and
potentially harmful; it should be dropped.
We understand that amendments may be offered which affect current FCC
authorities. For example, we understand there may be an amendment that
would hinder FCC from approving low power broadcasting by community
groups. We do not believe such amendments should be added to this bill.
Securities and Exchange Commission
We understand that an amendment may be offered that would substantially
reduce the registration and transaction fees collected by the Securities
and Exchange Commission (SEC). The Administration would have deep concerns
about such an amendment. In 1996, Congress and the President collaborated
on legislation -- the National Securities Markets Improvement Act (NSMIA)
-- that established a calendar for reducing SEC fee rates. The
Administration continues to support the declining fee rates agreed to in
the NSMIA legislation. Proposals to reduce these fees further should be
considered only in the context of an overall fiscal policy that balances
the importance of debt reduction and competing priorities such as
strengthening Social Security and Medicare, providing tax relief to
middle-income families, and other critical initiatives called for in the
President's FY 2001 Budget.
In addition, the Administration would strongly oppose any amendment
that would prevent the SEC from moving forward with its proposal relating
to its requirements for auditor independence, which have not been updated
in 18 years. The SEC is currently receiving public comments on the
proposed regulation and has held several public hearings to ensure
concerns of all interested parties are considered. An amendment that
prevents the SEC, a well-respected independent regulatory agency, from
completing its legal regulatory process could undermine its ability to
ensure confidence in our Nation's financial markets.
General Provisions
The Administration is very concerned that Section 626 -- called Amy
Boyer's law -- purports to protect individual privacy by restricting the
public display of Social Security numbers, but fails to do so effectively.
The exceptions in the section narrow its impact substantially. For
example, the prohibition does not apply to information obtained from
public records, which are the source of Social Security numbers for many
information brokers. Businesses could thus comb through public records and
display and sell the information they glean without any restrictions
whatsoever. In addition, Section 626 contains a broad provision preempting
state laws, which could actually result in the American people losing
significant privacy protections.
The Administration has offered an alternative proposal, which has been
introduced by Senator Feinstein as S. 2699, that would prohibit the sale
and purchase of social security numbers. We believe that this proposal
would more effectively preserve legitimate business practices while also
helping to prevent identity theft and the sort of heinous crime of which
Amy Boyer was a victim.
Metropolitan Statistical Areas
The Administration would strongly oppose an amendment that may be
offered that would prohibit implementation of revised standards for
metropolitan statistical areas. The metropolitan area standards provide
nationally consistent definitions for collecting, tabulating, and
publishing Federal statistics for a set of geographic areas. Since 1950,
when the metropolitan areas were first used in census reports, OMB has
reviewed the criteria for designating metropolitan areas and, if
warranted, revised them in the years preceding their application to new
decennial census data. Periodic review is necessary to ensure that the
standards stay abreast of changes in population distribution and activity
patterns. OMB is currently conducting the fifth such review. This has been
a multi-year process during which OMB has actively sought public
involvement through conferences, outreach to interested organizations, and
three Federal Register Notices.
Other Issues
The Administration understands that items contained in Division B of
the FY 2001 Agriculture bill may be considered by the appropriate
Subcommittee of jurisdiction. The Administration has serious concerns
about pending provisions in the bill affecting Commerce and Justice
programs and a pending supplemental request under the Department of State
heading. Therefore, the Administration provides the following views on
those items relevant to this bill:
- Department of Commerce Administrative Funding. The
Administration opposes funding the Commission on Online Child Protection
by reducing funding for the Department of Commerce's General
Administration and Inspector General accounts by $1.5 million. While the
Administration has no objection to providing funding for the Commission,
cutting these already small accounts with less than one month remaining
in the fiscal year would negatively affect the Department's ability to
carry out its management and auditing activities for the remainder of
the fiscal year.
- Law Enforcement. Proposed law enforcement rescissions would
have a detrimental effect. For example, the $15 million rescission to
INS enforcement and service programs would result in cutbacks to current
border enforcement operations -- particularly Operation Safeguard --
along the Rio Grande and adversely affect Border Patrol recruitment
efforts. A reduction in immigration service funding would directly
impact the timely processing of immigration benefits such as
citizenship, adoption, and adjustment of status. The $15 million
rescission to the FBI's Information Sharing Initiative would impede the
FBI's response to criminal incidents, including cases involving national
security. The FY 2000 $2 million rescission for Civil Division would
impede the office's ability to effectively defend the Treasury from
meritless lawsuits. The proposed FY 2000 $1.1 million rescission to the
U.S. Parole Commission would require drastic furloughs or reductions in
staff, as well as disrupt the transition of District of Columbia
parolees into the Federal system as required by law.
- Presidential Advisory Commission on Holocaust Assets in the
United States. The Administration encourages Congress to approve the
FY 2000 supplemental request of $1.4 million for the Presidential
Advisory Commission on Holocaust Assets in the United States. These
funds would support the completion of the Commission's statutorily
mandated comprehensive report on the acquisition and disposition of
Holocaust-era assets in the United States.
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