Statement of Administration Policy: H.R. 2519 - Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Bill, FY 1994

(Senate Floor)
(Sponsors: Byrd (D), West Virginia; Hollings (D), South Carolina)

This Statement of Administration Policy provides the Administration's views on H.R. 2519, the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Bill, FY 1994, as reported by the Senate Appropriations Committee. The Administration supports Senate passage of H.R. 2519 and will work with Congress to address the concerns described below and in the attachment.

President's Investment Program

The Administration strongly supports the Committee's action that fully funds the investment proposals for the National Institute of Standards and Technology, and the Economic Development Administration. These investments should markedly improve the competitive posture of the United States. The Administration also supports the Committee's action to fund a significant portion of the proposals for the National Oceanic and Atmospheric Administration and the National Telecommunications and Information Administration.

While agreeing with many of the decisions made by the Committee and understanding the difficult choices it faced, the Administration is concerned about the funding provided for the President's law enforcement investment initiatives. For example, the Committee would reduce the funding associated with the President's initiatives to assist localities in hiring additional police officers.

The Administration believes that reductions in requested funding for high-priority law enforcement investment proposals could be restored, in part, through a reallocation of funding included in the bill for lower priority, earmarked, or unrequested programs.

Department of Justice

The Administration commends the Committee for increasing funding levels for the Department of State and the United States Information Agency over those in the House-passed bill. The Administration is particularly pleased that the Committee bill provides adequate funding for the National Endowment for Democracy, broadcasting activities to Cuba, an Asian Democracy Radio service, and United Nations (UN) assessed funding. Committee funding for UN peacekeeping is higher than the House level, although it is still well short of the total assessed requirement.

Legal Services Corporation (LSC)

The Committee has included $349 million for LSC, $83 million below the amended request; and $8 million below the FY 1993 enacted level. The higher funding levels in the request would partially offset reduced funding levels from non-Federal sources, and would enable the Corporation to expand critical legal services to the poor.

The Administration opposes the retention of numerous prohibitions on the use of LSC funds. Prohibitions on funding should be examined by a new Board and dealt with in a reauthorization, not in appropriations language. In addition, Section 607(h) raises serious constitutional problems by restricting the authority of recess appointees to perform functions that could be performed by Senate-confirmed appointees. We are pleased, however, that two provisos restricting the activities of the Board would be removed upon nomination and confirmation of a new Board.

Additional Administration concerns with the Committee bill are contained in the attachment.

Attachment

Attachment
(Senate Floor)

ADDITIONAL CONCERNS

H.R. 2519 — DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS BILL, FY 1994

(AS REPORTED BY THE SENATE APPROPRIATIONS COMMITTEE)

The Administration looks forward to working with the Congress to address the following concerns as the appropriations process progresses.

FUNDING ISSUES

Department of Commerce

Shortfall in Funding For Statistics. The Administration appreciates the substantial increase in funding over the House mark that the Committee has provided for the Census 2000 planning effort. However, the Committee has provided $17 million less than the President's request for Census Salaries and Expenses and Economic and Statistical Analysis. These funds are necessary to support improvements in measures of economic performance that are an essential tool for policy officials interested in monitoring the health of the U.S. economy. It should also be noted that the Census Bureau does not have the authority to conduct a census for Micronesia as requested in Senate report language.

National Oceanic and Atmospheric Administration Weather Service and Research. The Administration commends the Committee for its efforts to improve the standing of important ocean and coastal programs. The Administration believes that certain reductions in weather service modernization staffing, central computer facility upgrades, and climate and global change research could be restored, in part, through a reallocation of funding included in the Committee bill for lower priority, earmarked, or unrequested programs.

Department of Justice

Legal Resources. The Committee has provided $10 million in unrequested funds for the United States Attorneys. The purpose of these funds is to avoid any reduction in staff size and to continue the summer employment program. While these are worthwhile purposes, the need for additional funding is much more urgent in other programs, such as General Legal Activities, which will suffer a large staff reduction.

Support of U.S. Prisoners. The Committee has stated in the bill's report that if alternative sentencing practices were used, significant savings could be achieved in housing Federal prisoners. However, the Administration's request is for housing prisoners prior to sentencing, when alternatives to incarceration may be inadvisable. Partial restoration of the Administration's request is desirable to meet the growing costs of housing detainees prior to sentencing.

General Administration. The funding reduction recommended by the Committee would threaten the activities of the Executive Office of Immigration Review. Without adequate funding, the reduced activity level would result in slower case hearings and deportations, and would lead to higher detention costs for those aliens waiting for hearings.

Immigration and Naturalization Service (INS). The Administration is proposing an immigration reform initiative. This initiative includes an $85 million budget authority component. It is hoped that the Congress will be able to accommodate this change.

Equal Employment Opportunity Commission (EEOC)

The Committee has provided $227.3 million for the EEOC, $7.5 million below the request, but $5.3 million over FY 1993. However, the Committee has earmarked $3.5 million of the increase for payments to the State and local enforcement agencies to help them reduce their case backlog. This would reduce the increase available to fund EEOC staff to $1.8 million, only a one-percent increase over FY 1993. This small increase would force EEOC to reduce staffing just when it needs resources to handle the rapidly growing case backlog caused by the Americans with Disabilities Act and the Civil Rights Act of 1991. The Administration urges the Senate to reconsider the Committee's funding recommendations and to avoid staff reductions in EEOC.

OTHER ISSUES

Small Business Administration (SBA)

The Committee bill would fund the President's request for budget authority sufficient to meet the $67.6 million investment proposal for SBA Sec. 7(a) loan guarantees. However, the Committee has not provided the requested reforms needed to reduce subsidy costs of the program and support a higher loan level.

Absent these reforms, the subsidy level provided would likely result in a nearly $3 billion shortfall in loan guarantee authority, leading to a shutdown of the program for much of FY 1994. Therefore, the Administration believes that it is essential for the Congress to adopt the proposed reforms.

Arms Control and Disarmament Agency

The Administration commends the Committee for providing funding for the U.S. contribution to cover costs of the Preparatory Commission for the Organization on the Prohibition of Chemical Weapons.

Department of Transportation

Maritime Administration. Ready Reserve Force. The Administration supports Senate Committee action providing $300 million for the Ready Reserve Force, as requested. Specifically, the Administration supports the proposed mix of funding for operations and ship acquisition, which is consistent with national defense requirements.