Statement of Administration Policy: S. 1394 - Foreign Relations Authorization Act Fiscal Year 1988

(Senate)
(Senator Pell (D) Rhode Island)

Although S. 1394 goes far in providing the statutory authority necessary to conduct a successful U.S. foreign policy, the administration finds several provisions objectionable, as set forth below.

The administration would support S. 1394 if it were amended to:

— include appropriation authorizations for two years at the levels requested by the administration;

— remove earmarks which unduly restrict administrative flexibility and handicap timely resource allocations;

— remove or modify provisions that intrude on the conduct of foreign relations, some of which raise constitutional concerns — e.g. sections 109, 111, 121, 134 and 143;

— delete sections 107 and 206, which would prohibit the State Department and the U.S. Information Agency from closing any overseas posts. These provisions infringe on the constitutional duties and responsibilities of the President to appoint consuls as well as ambassadors and other public ministers. In addition, Section 206 imposes an arbitrary and unworkable formula on USIA for determining the number of American employees posted abroad. These sections would drive up costs and are an unjustified intrusion into the Executive branch's managerial responsibility;

— delete section 217, which would establish, in violation of our international obligations, an anti-competitive and protectionist advantage in favor of U.S. companies in the procurement of goods for VOA's modernization program. Many U.S. industries could be hit by retaliation of up to $1.3 billion because of this provision;

— delete Title VI, which among other things, would require a Task Force on Global Climate, which would duplicate existing mechanisms and raise a constitutional Appointments Clause issue; and

— delete section 504, because it would restrict current authority to deny aliens admission to the U.S. in a way that inadequately addresses the legal and policy issues involved and would jeopardize national security interests. An alternative administration proposal is being prepared.