Statement of Administration Policy: H.R. 5021 - Commerce, Justice, State, the Judiciary, and Related Agencies Appropriations Bill, FY 1991

(House Floor)
(Sponsors: Whitten (D), Mississippi; Smith (D) Iowa)

The Administration has a number of concerns with the Commerce, Justice, State, the Judiciary, and Related Agencies Appropriations Bill as reported by the House Appropriations Committee. In particular, the Administration objects to the use of Small Business Administration (SBA) disaster loan funds to pay for current operations. Last October, Congress provided $500 million in disaster loan funds to respond to the earthquake in California. The Committee is now using some of those funds to pay for current SBA operations.

For those Department of Commerce and Department of Justice programs that have not yet been authorized, the Committee has provided a funding "reserve." The Committee totals for these departments, including amounts held in reserve, exceed the President's request by more than $400 million. In some cases, the reserve includes funds for programs that the Administration believes should be terminated or phased down. In one case, the Committee has renewed funding for the Economic Development Administration for regional development, which the Administration believes is better left to the private sector. In another case, the Committee has earmarked funds for a series of National Oceanic and Atmospheric Administration fisheries projects for which the Administration has not requested funds. For the Department of Justice, the Committee has provided unnecessary increases above the Administration's substantial funding request.

Additional concerns are outlined in the attachment.

Attachment

(House Floor)

H.R. 5021, COMMERCE, JUSTICE, STATE, THE JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS BILL, FY 1991

I. CONFORMANCE WITH 302(B) ALLOCATIONS

The House has deferred action on a number of unauthorized international and domestic programs. Until action is completed, a judgment cannot be made as to whether the Commerce, Justice, State, the Judiciary, and Related Agencies Appropriations bill falls within its 302(b) allocation.

II. MAJOR HOUSE PROVISIONS OPPOSED BY THE ADMINISTRATION

A. Funding Levels

The Committee provided $3. 4 billion, and held in reserve $7.8 billion for unauthorized programs, for the Departments of Commerce and Justice. The Committee totals for these departments, including the amounts held in reserve, exceed the President's request by $404 million. Included in the amount are funds for programs proposed by the President for termination — the Economic Development Administration, the National Oceanic and Atmospheric Administration's (NOAA) Undersea Research program, and the Office of Justice Programs (OJP) Mariel Cuban grant program. Also included are funds the President proposed for reduction, such as NOAA's Sea Grant and OJP's Regional Information Sharing Systems and Juvenile Justice programs.

The Committee failed to provide adequate funding for the President's global change initiative, the National Weather Service modernization program, and NOAA's coastal ocean science program.

Department of Commerce:

National Oceanographic and Atmospheric Agency (NOAA):

— Operations, Research, and Facilities. Within the total appropriated by the Committee, $14.5 million is provided for new unrequested program increases, and $114 million reallocated within the President's request for non-essential programs, pass-throughs to states and private organizations, and industry subsidies. For example, $14. 5 million for 17 new Congressional add-ons include such highly specific allocations as $300 thousand for a weather station upgrade on American Samoa and $2.8 million for a fish farm laboratory in Stuttgart, Arkansas.

Forty-five percent of the President's requested increases were not funded, including high-priority programs such as global change, weather service modernization, and coastal ocean science. The Committee's actions would delay the weather service modernization program, force the renegotiation of procurement contracts at a higher cost to the taxpayers, and jeopardize the success and effectiveness of the integrated interagency U. S. Global Change Research program.

Economic Development Administration (EDA):

The Committee provides $27 million for Economic Development Administration Salaries and expenses — $7 million greater than the President's request. The Administration opposes the funding of this account, unless the funds are to be used for closeout costs associated with the termination of EDA.

Public Telecommunications and Information Administration:

— The Committee provides $20.8 million for the Public Telecommunications Facilities Grant Program. The Administration has proposed termination of the program because the program has accomplished its objectives as over 95 percent of the nation now has access to public broadcasting.

Department of Justice (DOJ):

— The Committee provides $77 million in unrequested funding including amounts held in reserve for several accounts within the Office of Justice Programs. An increase of $67. 7 million above the President's request is provided for Juvenile Justice Programs. The President's Budget provided funding for only the most critical juvenile justice program, High Risk Youth. The Budget excluded funding for the remaining programs, because the main goals for those programs have been achieved to the extent practicable with prior year funding. The Committee provides an increase of $4. 3 million above the President's request for Regional Information Sharing Systems, representing a small increase over the FY 1990 level. Since States and localities are the primary beneficiaries of the program, the President reduced Federal funding from the FY 1990 level and proposed a non-Federal match requirement, maintaining the overall program level. Finally, the Committee provided $5 million for the Mariel Cuban Grant Program, a program that is not a Federal responsibility.

Small Business Administration:

—  SBA Disaster Loan Funds. The Administration objects to the use of Small Business Administration (SBA) disaster loan funds to pay for current operations. Last October, Congress provided $500 million in disaster loan funds to respond to the earthquake in California. The Committee is now using some of those funds to pay for current SBA operations.

—  Business Loan Investment Fund. The House provides $71 million in new budget authority for new direct loans — $66 million more than the President's Budget. The Budget proposes to substitute general business guaranteed loans, where appropriate, for most categories of direct loans.

—  Small Business Development Centers. The bill includes $56 million for Small Business Development Centers — $26 million more than requested in the President's Budget. The Budget proposes to phase-down Federal assistance to these centers, which the Administration believes should rely increasingly on non-Federal sources of support.

Department of State:

— International Affairs Programs. The Committee- reported bill provides adequate resources for a number of State Department activities and U.S. Information Agency programs. However, for certain activities the Committee's actions, coupled with the decision to defer funding of some unauthorized items, result in serious underfunding of important foreign affairs requests. The Administration will work with the Congress to resolve these problems during subsequent stages of the appropriations process.

Commission on Civil Rights:

— The House Committee's funding level of $6.1 million is $4. 1 million (41 percent) below the President's request. This reduction would set aside the Administration's initiative to increase the number of regional offices to ten by restoring seven offices that were eliminated in 1987. The reduction would also prevent the Commission from appropriately increasing its monitoring of civil rights activities. The regional offices support the State Advisory Committees that are the "eyes and ears" of the Commission. The Administration urges the House to restore funding to the level requested in the President's Budget.

Equal Employment Opportunity Commission (EEOC):

— The House Committee would fund the EEOC at $194.5 million — $9.6 million less than has been requested by the President. The Administration believes that in order for the EEOC to fulfill its legislated mandate, it should be funded at the level requested in the President's Budget.

B. Language Provisions

Transfer Authority:

— The Committee failed to provide to the President the requested authority to transfer up to two percent of budget authority between appropriations for the Department of Commerce and Department of Justice. This authority is essential to enable these agencies to address unforeseen circumstances while maintaining current programs. This transfer authority would be subject to Congressional reprogramming notification requirements, thereby allowing for Congressional review of proposed transfers.

Department of Commerce:

— International Trade Administration. The Committee transfers responsibility for the New Materials Center from the International Trade Administration to the National Institute of Standards and Technology (NIST). The Administration has proposed termination of this program and is opposed to its transfer to NIST.

Commission on Civil Rights:

— The House Committee continues to earmark funding for the operation of regional offices, civil rights monitoring activities, and the use of consultants. The Administration believes that this earmarking would hamper the Commission's ability to meet its legislative mandate effectively and to operate efficiently.

The attached data tables can be downloaded in PDF format by clicking this link