    [Public Papers of the Presidents of the United States: WILLIAM J. CLINTON (1999, Book II)]
    [October 25, 1999]
    [Pages 1882-1885]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Message to the House of Representatives Returning Without Approval
    Appropriations Legislation for Commerce, Justice, and Foreign Affairs
    October 25, 1999

    To the House of Representatives:
        I am returning herewith without my approval H.R. 2670, the
    ``Departments of Commerce, Justice, and State, the Judiciary, and
    Related Agencies Appropriations Act, 2000.''
        This legislation should embody the continuing commitment of this
    Administration on a broad range of fundamental principles. First and
    foremost amongst these tenets is the notion that the United States of
    America should be the safest country in the world. Our families must
    feel secure in their neighborhoods. Since 1993, the progress realized
    toward that end has been impressive and must not be impeded.
        Moreover, America must continue to lead the community of nations
    toward a safer, more prosperous and democratic world. This guidepost has
    for generations advanced the cause of peace and freedom internationally,
    and an erosion of this policy is untenable and unacceptable at this
    critical moment in history.
        This great Nation serves as example to the world of a just and
    humane society. We must continue to lead by our example and maintain a
    system that vigorously protects and rigorously respects the civil rights
    of individuals, the dignity of every citizen, and the basic justice and
    fairness afforded to every American.
        Unfortunately, this bill fails to uphold these principles.
        Specifically, and most notably, the bill fails to adequately fund
    the proposed 21st Century Policing Initiative, which builds on the
    success of the Community Oriented Policing Services (COPS) program. I
    requested $1.275 billion in new appropriations, and this bill provides
    only $325 million. To date, the COPS program has funded more than
    100,000 additional police officers for our streets. The 21st Century
    Policing initiative would place an additional 30,000 to 50,000 police
    officers on the street over the next 5 years and would expand the
    concept of community policing to include community prosecution, law
    enforcement technology assistance, and crime prevention. Funding the
    COPS program required a bipartisan commitment, and it paid off; recently
    released statistics show that we have the lowest murder rate in 31 years
    and the longest continuous decline in crime on record. I strongly
    believe we must forge a similar commitment to support the COPS program's
    logical successor.

    [[Page 1883]]

        The bill would also threaten America's ability to lead in the world
    by failing to meet our obligation to pay our dues and our debts to the
    United Nations. This is a problem I have been working with the Congress
    to resolve for several years, but this bill fails to provide a solution.
        Though the bill does include adequate funds to support our annual
    contribution to the United Nations regular budget, it conditions the
    funding on separate authorizing legislation, continuing an unacceptable
    linkage to an unrelated issue. For this reason, because of additional
    provisions, and because the bill is inconsistent with provisions agreed
    to by the authorizing committees, the bill would still cause the United
    States to lose its vote in the United Nations. It would undercut efforts
    that matter to America in which the U.N. plays an important role, from
    our fight against terrorism and proliferation, to our efforts to promote
    human rights, the well-being of children, and the health of our
    environment. It would undermine our ability to shape the U.N.'s agenda
    in all these areas and to press for reforms that will make its work more
    effective. All this is unacceptable. Great nations meet their
    responsibilities, and I am determined that we will meet ours.
        In addition, the bill includes only $200 million for International
    Peacekeeping Activities, a reduction of almost 60-percent from my
    request. The requested level of $485 million is necessary to meet
    anticipated peacekeeping requirements in East Timor, Sierra Leone, the
    Democratic Republic of the Congo, Ethiopia, and Eritrea. In each of
    these places, the United States has worked with allies and friends to
    end conflicts that have claimed countless innocent lives and thrown
    whole regions into turmoil. In each case, the U.N. either has been or
    may be asked to help implement fragile peace agreements, by performing
    essential tasks such as separating adversaries, maintaining cease-fires,
    enabling refugees to go home, training police forces, and overseeing
    civilian institutions. In each case, as in all U.N. peacekeeping
    missions, other countries will pay 75 percent of the cost and provide
    virtually all the military personnel.
        It is clearly in America's national interest to support an
    institution through which other countries share the burden of making
    peace. Refusing to do our part would be dangerous and self-defeating. It
    could undermine fragile peace agreements that America helped forge, and
    spark new emergencies to which we could only respond later at far
    greater cost. It would leave America with an unacceptable choice in
    times of conflict and crisis abroad: a choice between acting alone and
    doing nothing.
        The bill includes a number of provisions regarding the conduct of
    foreign affairs that raise serious constitutional concerns. Provisions
    concerning Jerusalem are objectionable on constitutional, foreign
    policy, and operational grounds. The actions called for by these
    provisions would prejudice the outcome of the Israeli-Palestinian
    permanent status negotiations, which have recently begun and which the
    parties are committed to concluding within a year. The bill also
    includes a provision that could be read to prevent the United States
    from engaging in diplomatic efforts regarding the Kyoto protocol.
    Applying restrictions to the President's authority to engage in
    international negotiations and activities raises serious constitutional
    concerns. Other provisions that should be deleted from the bill because
    they would unconstitutionally constrain the President's authority
    include provisions on Haiti, Vietnam, and command and control of United
    Nations Peacekeeping efforts. My Administration's objections to these
    and other language provisions have been made clear in previous
    statements of Administration policy regarding this bill.
        This bill does not contain a needed hate crimes provision that was
    included in the Senate version of the bill. I urge the Congress to pass
    legislation in a timely manner that would strengthen the Federal
    Government's ability to combat hate crimes by relaxing jurisdictional
    obstacles and by giving Federal prosecutors the ability to prosecute
    hate crimes that are based on sexual orientation, gender, or disability,
    along with those based on race, color, religion, and national origin.
        The bill freezes the funding level for the Legal Services
    Corporation. Adequate funding for legal services is essential to
    ensuring that all citizens have access to the Nation's justice system. I
    urge the Congress to fully fund my request, which provides an increase
    of $40 million over the FY 1999 enacted level. Also, funding for the
    Equal Employment Opportunity Commission (EEOC) is frozen at the enacted
    level. This level would undermine EEOC's progress in reducing the
    backlog of employment discrimination cases.

    [[Page 1884]]

        Similarly, inadequate funding is provided for the United States
    Commission on Civil Rights and the Civil Rights Division of the
    Department of Justice. The bill does not fund my requested $13 million
    increase for the Civil Rights Division, including increases for law
    enforcement actions related to hate crimes, the Americans with
    Disabilities Act, and fair housing and lending. I ask the Congress to
    restore requested funds for these law enforcement enhancements.
        The bill contains adequate funding for the decennial census, but I
    oppose language that could inhibit the Census Bureau's ability to
    actually conduct the census. The bill would require the Census Bureau to
    obtain approval from certain committees if it chooses to shift funds
    among eight functions or frameworks. This approval process would impose
    an unnecessary and potentially time-consuming constraint on the
    management of the decennial census. It is imperative that we move
    forward on the census; this legislation could impede it.
        The United States has recently entered into the U.S.-Canada Pacific
    Salmon Agreement. The agreement ends years of contention between the
    U.S. and Canada regarding expired fishing harvest restrictions and
    provides for improved fisheries management. This bill includes
    extraneous legislative riders that would hinder the implementation of
    that important Agreement. These riders would prohibit the application of
    the Endangered Species Act to Alaskan salmon fisheries and would change
    the voting structure of the Pacific Salmon Commission, the decision-
    making body established by the Agreement. In essence, the voting
    structure rider would prevent the Federal Government from negotiating
    agreements that balance the interests of all States. In addition to the
    riders, the bill provides only $10 million of the $60 million requested
    to implement the Salmon Agreement. Similarly, funding for the Salmon
    Recovery Fund falls far short of that needed to work cooperatively with
    the States of Washington, Oregon, California, and Alaska and with Treaty
    Tribes to help them mount effective State-based plans to restore Pacific
    coastal salmon runs. These shortfalls together would severely inhibit
    our ability to recover this important species.
        In addition, the enrolled bill does not provide my request for a
    number of other environmental programs, including my Lands Legacy
    Initiative, Endangered Species Act activities, the Clean Water Action
    Plan, and the Global Learning and Observations to Benefit the
    Environment program. The additional funds required to bring these
    programs to my requested levels are small compared to the benefits they
    provide to our natural resources.
        The bill does not include $100 million in new funding for the Drug
    Intervention Program, which would have provided critical assistance to
    State and local governments developing and implementing comprehensive
    systems for drug testing, drug treatment, and graduated sanctions for
    drug offenders. These resources are critical to reducing drug use in
    America.
        The bill does not provide additional requested funding to the
    Justice Department for tobacco litigation. Smoking-related health
    expenses cost taxpayers billions of dollars each year through Medicare,
    veterans' and military health, and other Federal health programs. The
    Department of Justice needs the $20 million I requested to represent the
    interests of the taxpayers, who should not have to bear the
    responsibility for these staggering costs.
        This bill would also hurt our Nation's small businesses. The level
    provided for the Small Business Administration's (SBA's) operating
    expenses would inhibit my Administration's ability to provide service to
    the Nation's 24 million small businesses. The bill also fails to provide
    sufficient funds for the Disaster Loan program within the SBA. Without
    additional funding, the SBA will not be able to respond adequately to
    the needs arising from Hurricane Floyd and other natural disasters. In
    addition, the bill does not include funds for my New Markets Initiative
    to invest in targeted rural and urban areas.
        The bill fails to include a proposed provision to clarify current
    law and protect taxpayer interests in the telecommunications spectrum
    auction process. Currently, $5.6 billion of bid-for-spectrum is tied up
    in bankruptcy court, with a very real risk that spectrum licensees will
    be able to retain spectrum at a fraction of its real market value. The
    requested provision would maintain the integrity of the Federal
    Communications Commission (FCC) auction process while also ensuring
    speedy deployment of new telecommunications services. The bill would
    also deny funds needed by the FCC for investments in technology to
    better serve the communications industry. Also, the bill does not
    provide sufficient funds for the continued operations of the FCC. The
    Commission requires additional

    [[Page 1885]]

    funds to invest in technology to serve the communications industry more
    effectively.
        In conference action, a rider was added that would amend the
    recently-enacted Treasury and General Government Appropriations Act to
    expand the prohibition of discrimination against individuals who refuse
    to ``prescribe'' contraceptives to individuals who ``otherwise provide
    for'' contraceptives (all nonphysician providers) in the Federal
    Employees Health Benefits Program. As an example, this language could
    allow pharmacists to refuse to dispense contraceptive prescriptions.
    This action violated jurisdictional concerns and is also unacceptable
    policy.
        The bill underfunds a number of high-priority programs within the
    Department of Commerce. My Administration sought an additional $9
    million to help public broadcasters meet the Federal deadline to
    establish digital broadcasting capability by May 1, 2003. The bill would
    provide less than half of last year's funding level for the Critical
    Infrastructure Assurance Office. The bill also fails to fund the
    Department's other programs to protect critical information and
    communications infrastructures. The Congress must restore these funds if
    the Department is to continue performing its important and emerging role
    in coordinating activities that support our economic and national
    security.
        The bill does not include any funds to reimburse Guam and other
    territories for the costs of detaining and repatriating smuggled Chinese
    aliens. These entities deserve our support for assisting in this
    interdiction effort.
        I look forward to working with the Congress to craft an
    appropriations bill that I can support, and to passage of one that will
    facilitate our shared objectives.

                                                          William J. Clinton

    The White House,

    October 25, 1999.

    Note: This message was released by the Office of the Press Secretary on
    October 26.