Legislative Notice #34

July 23, 1997

Calendar No. 111

Reported by the Appropriations Committee July 16, 1997, by a vote of 28 to 0. S. Rept. 105-48.

• S. 1022, as reported by the Committee, provides $31.62 billion in new budget authority. This amount is $1.39 billion more than the FY 1997 appropriated level but $4.02 billion less than the President's request, largely because of the Committee's decision not to approve advanced appropriations.
• The Committee bill provides funding to support --

-- The Department of Justice ($17.28 billion) and its component agencies such as the Federal Bureau of Investigation, the Immigration and Naturalization Service, and the Drug Enforcement Administration;

-- The Department of Commerce and related agencies ($4.23 billion), of which $2.1 billion supports the National Oceanic and Atmospheric Administration;

-- The Federal Judiciary ($3.52 billion), including a reorganization of the Ninth Circuit Court of Appeals and creation of a Twelfth Circuit [see Possible Amendments];

-- The Department of State and related agencies ($5.1 billion), including contributions and arrearages for United Nations organizations and international peacekeeping, plus the U.S. Information Agency and the Arms Control and Disarmament Agency; and

-- Other Agencies ($1.51 billion), including the Securities and Exchange Commission, the Small Business Administration, the Federal Communications Commission, and the Legal Services Corporation.

Government Performance and Results Act

The Government Performance and Results Act is a law passed by Congress in 1993 that radically transforms the ways agencies plan and budget their activities. Under the law, agencies are required to consult with Congress and then submit to Congress, by September 30, agency strategic plans. These strategic plans are intended to reflect a cultural change in how the agencies operate by focusing on results and outcomes rather than the processes or activities of an agency. With regard to this funding bill, the Appropriations Committee reports the following:

"The Committee has received a number of strategic plans from different organizations receiving appropriated funds within the bill. The Committee directs that all associated organizations provide goals and objectives to the Committee no later than September 30, 1997."

Title I -- Department of Justice

The Committee bill includes major increases for law enforcement. The Department of Justice receives an allocation of $17.28 billion, which is $854 million more than FY 1997 funding and $15 million more than the budget estimate. This amount includes appropriations for the following agencies:

• The Federal Bureau of Investigation is appropriated $3.08 billion, an increase of $237.8 million over FY 1997 and $14.3 million under the budget estimate.
• The Drug Enforcement Administration receives an allocation of $1.09 billion, which is $89.7 million more than last year's allocation and $3.3 million more than the President's request.
• The Immigration and Naturalization Service is provided $3.42 billion, an increase of $332.5 million over FY 1997 but $229.9 million less than the estimate.
• The Federal Prison System is allocated $3.2 billion, which is $18.6 million over FY 1997 funding but $36.7 million below the budget estimate.

Other notable features in Title I include:

• Additional funding to address a comprehensive and coordinated response for counterterrorism efforts;
• Additional funding of $10 million for the FBI's efforts to stop child sexual exploitation on the Internet;
• Additional funding to DEA for methamphetamine and heroin investigations;
• Additional funding to FBI and DEA for real property maintenance to prevent further degradation of facilities;
• Additional funding to INS for 1,000 new Border Patrol agents;
• Additional funding of $267.8 million for new and expanded prison facilities;
• Increased funding for the Office of Justice Programs, including $14 million for counterterrorism technologies, $25 million for the National Sexual Offender Registry, a $10.5 million increase for the regional information sharing system; and $380.4 million for juvenile justice programs; and

• Funding of $4.05 billion to support State and local law enforcement, including $1.44 billion for the Community Oriented Policing Services [COPS] Program, an increase to $263.8 million for the Violence Against Women Program, $740.5 million for State prison grants, and $580 million for the Edward Byrne Memorial State and Local Law Enforcement Grant Program.

Title II -- Department of Commerce

The Committee bill provides funding of $4.23 billion, an increase of $368.9 million over FY 1997 funding but $3.53 billion less than the Administration request. The large difference between the Committee's recommendation and the budget estimate is due to the Committee's decision to not provide an advanced appropriation for a $3.49 billion capital assets acquisition for fiscal years 1999 through 2010. The bill allocates funds for Department of Commerce programs and related agencies, as follows:

• The National Oceanic and Atmospheric Administration receives an allocation of $2.1 billion, an increase of $168 million over FY 1997 funding. This appropriation includes $664.7 million for the National Weather Service, an increase of $22.2 million over the budget estimate.
• The National Institutes of Standards and Technology (NIST) receives $603.9 million, an increase of $22.9 million over the FY 1997 appropriation but $88.7 below the President's request. Under NIST's Industrial Technology Services appropriation, the Advanced Technology Program (ATP) receives $200 million and the Manufacturing Extension Partnership (MEP) program receives $111 million.
• The National Telecommunications and Information Administration is funded at $52.6 million. The public broadcasting grant program, for which there was no FY 1998 request, is funded at $25 million. The Information Infrastructure grants are funded at $11 million.
• The Bureau of the Census is given full funding for the decennial census. The same sampling language approved by the Senate during the fiscal year 1997 supplemental bill is addressed in S. 1022.

Additional items of interest include:

• The U.S. Trade Representative is funded at the requested level ($22.1 million) and the International Trade Commission is funded at $41 million;

• The Committee recommends funding the International Trade Administration at $280.7 million. The Bureau of Export Administration is funded at the requested level, $43.1 million; and
• The Minority Business Development Agency is allocated $27.8 million, the requested level.

Title III -- The Judiciary

Title III of S. 1022 provides $3.52 billion for the federal judiciary to maintain current operations, to provide cost-of-living increases for justices and judges, and to address the growing bankruptcy caseload and probation population. This amount is $261.6 million more than the FY 1997 allocation but $115.2 million less than the President's request. This title includes:

• A $6.2 million recommendation for the Supreme Court's building and grounds, a major increase over the budget request to allow a down payment on a renovation of the Supreme Court building.
• A statutory reorganization of the Ninth Circuit Court of Appeals to create a new Twelfth Circuit comprising Alaska, Arizona, Hawaii, Idaho, Montana, Oregon, and Washington. (Remaining in the Ninth Circuit would be California, Guam, Nevada, and Northern Mariana Islands.) [See Section 305 of S. 1022. See also Possible Amendments.]

Title IV -- Department of State and Related Agencies

This title provides funding for the Department of State, the U.S. Information Agency, and the Arms Control and Disarmament Agency (ACDA) in the amount of $5.1 billion, an increase of $29.5 million over FY 1997 but $266.2 million less than the budget estimate. Among the important provisions of this title are the following:

• The State Department's largest account, Administration of Foreign Affairs, receives $2.81 billion, an increase of $128.1 million from last year but $71.8 million less than the President requested. This amount includes $957 million for U.S. contributions to international organizations and conferences (of which $54 million represents payment of arrearages) and $200.3 million for international peacekeeping activities (of which $46 million is for arrearages).

• The related agencies receive a total of $1.09 billion (most of which is for the U.S. Information Agency), a reduction of $10.8 million from FY 1997 and $33.8 million below the President's request. The allocation for the Arms Control and Disarment Agency reflects that agency's expected consolidation into the State Department.
• The Committee did not provide any appropriation for the National Endowment for Democracy (NED), for which the President requested $30 million.

Title V -- Related Agencies

The Committee bill recommends a total of $1.51 billion for related agencies, which is a reduction of $161.3 million from FY 1997 funding levels and $96.3 million less than the budget estimate. Funding under this title represents the full budget request for the Securities and Exchange Commission (including offsets); full funding for the Small Business Administration; and funding for the Equal Employment Opportunity Commission programs, the Federal Communications Commission and the Legal Services Corporation.

Title VI -- General Provisions

Title VI of S. 1022 includes a number of provisions related to reprogrammings, reorganizations, and relocations. As in previous years, the Committee has inserted section 605 under title VI of the general provisions of the bill. This section restates previous law with regard to the reprogramming of funds between programs or activities. For details, see pages 4-5 and 129-130 of the Committee Report.

Title VII -- Rescissions

The Committee bill rescinds $30.3 million from the working capital fund at the Department of Justice. Rescission amounts are based on estimates provided to the Committee on or before July 8, 1997.

CBO estimates that the bill would result in outlays of $21.18 billion in FY 1998, $5.51 billion in FY 1999, $2.74 billion in FY 2000, $1.97 billion in FY 2001, and $86 million in FY 2002 and beyond.

Lugar. Restore funding for the National Endowment for Democracy (NED).

Boxer. Strike provisions reorganizing Ninth Circuit.

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