[Congressional Record Volume 142, Number 11 (Friday, January 26, 1996)]
[House]
[Pages H920-H922]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
BALANCED BUDGET DOWNPAYMENT ACT
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Kentucky [Mr. Rogers] is recognized for 5 minutes.
Mr. ROGERS. Mr. Speaker, this Balanced Budget Downpayment Act is an
important step forward. Funding levels will now be based on the
conference report funding levels for the fiscal year 1996 Commerce,
Justice, State, and Judiciary appropriations bill. With a few
exceptions, relating to issues that remain to be negotiated out,
congressional priorities will be reflected from this point forward,
both in terms of programs that merit continued funding and those where
decreases are justified.
For law enforcement programs, small business loans, passports, visas,
diplomatic security, and the Judiciary, full-year funding has already
been provided in the previous two targeted appropriations bills.
In this bill, funding is being provided through March 15 for the
remaining programs under the jurisdiction of the Commerce, Justice,
State, and Judiciary Subcommittee at the fiscal year 1996 conference
report levels, under fiscal year 1995 terms and conditions. This puts
funding for these programs on the path that will lead to substantial
savings--in the Commerce Department, for instance, the conference
report provided levels that are a 16-percent reduction from fiscal year
1995, while providing substantial additional resources for the Nation's
fight against crime.
So this is an important change, from a formula that keeps funding
tied to fiscal year 1995 levels as a minimum, to one that implements
that fiscal year 1996 priorities which have been voted on and passed,
in the case of the Commerce, Justice, State, and Judiciary
appropriations bill, three times in this House.
I support this Balanced Budget Downpayment Act, and urge all Members
to vote for this legislation that will keep the Government fully
functioning through March 15.
I am including a short summary of the provisions in this legislation
as they relate to the Commerce-Justice Subcommittee, and also a
statement clarifying a number of issues.
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Commerce-Justice Subcommittee Provisions in First Balanced Budget
Downpayment Act
Provides FY 1996 conference level under FY 1995 terms and
conditions through March 15, 1996, for all CJSJ accounts with
the following exceptions:
Any programs funded in the previous targeted appropriations
bills.
Advanced Technology Program is funded at 75 percent of FY
1995 level for FY 1995 and prior year continuation grants and
program administration only, for the period covered by the
legislation.
Cops on the Beat program is funded at 75 percent of FY 1995
level, for the period covered by the balanced budget
legislation.
The Ounce of Prevention Council, GLOBE, and Drug Courts are
also funded at 75 percent of the FY 1995 level.
In addition, the following provisions are included:
A provision allowing Departments and agencies expanded
transfer authority to pay downsizing or closeout costs
resulting from the funding levels in this legislation,
subject to standard reprogramming procedures.
A provision allowing funding for Legal Services Corporation
to be obligated only at a rate to cover operations during the
time period of this legislation.
A provision withholding funding for Truth in Sentencing
grant program, except for SCAAP and CAP funds, pending
revision to current Crime Bill program.
A provision allowing the USIA IG to continue receiving
funds.
A provision (section 209) keeping Securities and Exchange
Commission registration fees at rate assumed in FY 1996
conference.
A provision (section 211) applying FY 1996 terms and
conditions to amounts provided in previous targeted
appropriations for Department of Justice programs and
enacting into law the Justice General Provisions in the FY
1996 conference report, except Truth in Sentencing
authorization.
A provision restricting travel expenses for all Cabinet
officers (except State, the UN Ambassador, Defense and CIA)
to 110 percent of the average for FY 1990-FY 1995.
Statement of Hon. Harold Rogers
The section of the Balanced Budget Downpayment Act that
relates to the Commerce, Justice, State and Judiciary
appropriations bill provides generally for funding at the
fiscal year 1996 conference level under fiscal year 1995
terms and conditions, with certain exceptions that are
spelled out in the legislation. All departments and agencies
are expected to use the fiscal year 1996 conference report
and statement of managers and the House and Senate reports
relating to the fiscal year 1996 bill to the maximum extent
in allocating resources under this legislation, because that
guidance will, under all likelihood, become the final
guidance for expenditure of fiscal year 1996 funds, and
departments and agencies will ultimately be expected to have
committed their resources in accord with the fiscal year 1996
guidance that the House and Senate Appropriations
Subcommittees have provided.
department of justice
Office of Justice Programs: Funding is included for
discretionary and formula grants under the Edward Byrne
Memorial State and Local Law Enforcement Program. It is the
Committee's intent that discretionary grants should be made
in accordance with the joint Statement of Managers and that
the Department of Justice should prioritize funding for
requirements of State and local law enforcement related to
the 1996 Olympic Games. Truth-in-Sentencing Grants/SCAAP: A
provision is included that withholds funding for a new Truth-
in-Sentencing Prison Grant program until details on revised
legislation are worked out. However, funding that was
included under this program in the Conference Report for
reimbursement to states for the incarceration of criminal
aliens is provided.
A provision is included that applies terms and conditions
of the 1996 Conference Report and Statement of Managers to
amounts provided in the previous targeted appropriations
legislation for various Department of Justice programs.
Within these terms and conditions the Committee would like to
clarify the following:
Under the Interagency Crime Drug Enforcement Program, it is
the Committee's intent that the Attorney General, in
consultation with the Office of Investigative Agencies
Policies, will allocate resources among agencies
participating in Interagency Crime and Drug Task Forces based
on current task force requirements.
Furthermore, it is the Committee's intent that funding
provided for the Federal Prison System includes the
construction of new prisons under the terms specified in the
Statement of Managers in addition to continued support for
the National Institute of Corrections, both of which are
critical to efforts to incarcerate prisoners.
department of commerce
Advanced Technology Program--The bill includes language
providing funding for the Advanced Technology Program, only
for program administration and continuation grants for ATP
projects originally awarded in fiscal year 1995 or earlier,
at a rate of operations of up to 75 percent of the final
fiscal year 1995 appropriated level. This provision will not
allow any new ATP grant competitions to be held during the
period covered by this Act.
Closing Costs Provisions--The bill includes language
similar to a provision included in the Conference Report on
the FY 1996 Commerce Justice Appropriations Act
requiring that costs associated with personnel actions
resulting from funding reductions included in this
subsection to be absorbed within the total budgetary
resources available to each Department or agency. The
provision would allow each Department or agency to
transfer funds between appropriations accounts as
necessary to cover costs associated with program closeouts
or downsizing of agencies. This transfer authority is
provided in addition to the authorities available under FY
1995 terms and conditions, and is subject to the
Committee's standard reprogramming procedures.
This closing cost provision allows Departments and agencies
the flexibility to fund only the costs associated with
personnel actions resulting from agency or program
termination or shutdowns.
department of state and related agencies
With respect to Title IV of the CJSJ bill, covering the
Department of State, United States Information Agency and
Arms Control and Disarmament Agency, funding at the
conference level generally provides an operating level above
what has been in effect under the previous continuing
resolutions.
For Contributions to International Organizations and
Contributions for International Peacekeeping Activities, the
amount of funds available to be obligated is intended to be
no higher than the proportionate amount of the full year
funding level that corresponds to the number of days covered
by this legislation.
Under the United States Information Agency, continued
funding for the Inspector General has been provided for the
term of this legislation. The funding is to be derived from
the conference level of funding for the State Department's
Inspector General, because that level of funding anticipated
the merger of the USIA IG office into the State IG office.
Both IG offices are to continue to prepare for the merger,
which is fully anticipated to occur during this fiscal year.
With respect to Educational and Cultural Exchange Programs,
the statement of managers language in the conference report
concerning the Tenth Paralympiad should be carried out on an
expedited basis, and sufficient funds should have been
appropriated under previous Continuing Resolutions and this
current legislation to permit this issue to be addressed
during the period in which the current legislation is in
effect.
related agencies
Federal Trade Commission.--The Committee expects that
amounts provided in the bill for both the Federal Trade
Commission and the Justice Department's Antitrust Division
will allow these agencies to function at the full operating
levels assumed in the conference report on H.R. 2076, based
on offsetting collections of $48,262,000 for each agency.
Legal Services Corporation.--The funding included for LSC
is interim funding for basic field programs until a new
competitive grant program is implemented. The Committee
expects LSC to begin a competitive grant program on April 1,
1996 and to be prepared to implement restrictions outlined
in the conference report.
Small Business Administration
Disaster Assistance.--The Committee is aware that funding
levels provided for the SBA Disaster Loan Program subsidies
and administrative expenses may be insufficient to continue
the program for the full fiscal year, particularly
considering the rate of disasters thus far this fiscal year.
The Committee notes that there are two primary reasons for
the shortfall. First, the request for subsidy amounts for the
loan program was based on proposed legislative changes
modifying the interest rate on SBA disaster loans. While the
full request for loan subsidies was appropriated, these
proposed legislative changes were not enacted into law. As a
result, the appropriated subsidy amount of $34.4 million
allows new loan program authority of only $122.5 million
instead of $407 million as proposed. Therefore, the shortfall
is the result of lack of action on proposed legislative
changes, which is not under the jurisdiction of the
Appropriations Committee, and the fact that the
Administration, as a result of no action on the changes, has
not amended its budget request to provide additional
resources or identified the offsets necessary to provide
those resources.
The second reason for the shortfall is the failure of the
Small Business Administration to adequately budget for the
appropriate level of administrative costs for even a
``normal'' disaster year in the appropriate account for this
program. Instead, the SBA requested the funds for the
administrative costs associated with disaster loan making
under a proposed emergency contingency appropriation which
would have been outside the budget caps and cannot be
considered by the Congress under current budget policy. The
Committee expects SBA to reprogram funding to cover the base
requirements for disaster loan making within the funds
provided under this Act. The Committee further expects that
future budget requests for administrative expenses under the
disaster loan program account will fully cover the costs of
providing the services required to manage the loan program
level assumed in the budget request.
The Committee recognizes the severity of disasters such as
the devastating flooding in Pennsylvania and other mid-
Atlantic States
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following recent storms, and is confident that SBA will be able to
respond appropriately and responsibly to these dire
situations within the resources currently available under the
Disaster Loan Program during the period covered by the
Balanced Budget Down Payment Act. The Committee recognizes
that additional funds for the SBA Disaster Loan Program may
be required prior to April, and believes that if additional
resources are needed, they can be provided through the
reprogramming process to assure continuation of the program
through March 15, 1996. The Committee will work with the
Administration to determine the appropriate level of funding
for this program as well as potential sources of funding
offsets.
Small Business Development Centers.--The bill provides
funding for the SBA Small Business Development Center program
at the FY 1996 conference level. This will allow SBA to
continue to make funding commitments with State resource
partners in the SBDC program based on the full conference
amount.
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