Statement of Administration Policy: H.R. 1415 - Foreign Relations Authorization Act. Fiscal Years 1992 and 1993

(House)
(Berman (D) California and Snowe (R) Maine)

The Administration supports favorable House action on H.R. 1415 now, but would support final enactment only if a number of objectionable provisions are deleted or modified. Generally, H.R. 1415 provides the necessary authorities and sufficient appropriation authorizations to carry out foreign policy. The Administration particularly supports the authorizations for the "Top Hat" Moscow chancery option and the full payment of arrearages to International Organizations and for Peacekeeping.

Nevertheless, the Administration is concerned about several provisions that need to be modified or deleted during the rest of the legislative process:

— authorizations of appropriations in excess of the President's request, including direct spending increases without offsets (section 116), and all earmarks especially those affecting State Department operations and refugee assistance;

— a number of constitutionally questionable provisions that could infringe upon the President's authority (sections 113, 171(b), 184(b)(2), 185(b), 186(c), and 301);

— section 112, which bars the denial of passports in certain cases, is based on a misunderstanding of current Department of State practice and would serve only to generate confusion and litigation;

— section 113, which requires unclassified reporting of certain activities in the confidential emergency fund of the Department of State. This could undermine the effective conduct of the Nation's foreign affairs;

— section 121, which creates an unnecessary and wasteful new Bureau of South Asian Affairs. Decisions as to departmental organization should be vested in the Secretary of State;

— section 126, which requires the purging of visa files and exclusion of certain information that may be pertinent for other non-visa uses. The Department is already implementing a system to purge relevant names under procedures in the Immigration Act of 1990;

— section 181, which inappropriately and unnecessarily requires any FY 1991 refugee admissions shortfall to be added to the FY 1992 refugee admission levels. The Administration is making every effort to resolve current problems in the Soviet admissions program;

— section 183, which sets forth statutory requirements governing the publication of the Foreign Relations of the United States Historical Series, that are both unnecessary and constitutionally dubious;

— section 188, concerning sensitive diplomatic initiatives, which if reported publicly would be counterproductive; and

— section 301, which sets reporting requirements on PLO activities. These reporting requirements are unnecessary and counterproductive.

In addition, the Administration will seek other substantive amendments to H.R. 1415, including appropriation authorizations for the United States Information Agency and the Board for International Broadcasting for FY 1993. Also in light of the May 31, 1990, agreement signed by the Government of the United States and the Soviet Union to establish reciprocal cultural centers, the Administration will work with Congress to implement this agreement.

SCORING FOR THE PURPOSE OF PAYGO AND DISCRETIONARY CAPS

At least one provision of H.R. 1415 would increase direct spending; therefore, it is subject to the pay-as-you-go requirement of the Omnibus Budget Reconciliation Act (OBRA) of 1990. This provision, section 116, was erroneously included in the Administration's bill. Direct spending decreases in the bill are insufficient to offset the increases from section 116. A budget point of order applies in both the House and Senate against, any bill that is not fully offset under CBO scoring. If, contrary to the Administration's recommendation, the House waives a point of order that applies against H.R. 1415, the effects of enactment of this legislation would be included in a look back pay-as-you-go sequester report at the end of the Congressional session.

OMB's preliminary scoring estimates of this bill are presented in the table below. Final scoring of this legislation may deviate from these estimates. If H.R. 1415 were enacted, final OMB scoring estimates would be published within five days of enactment, as required by OBRA. The cumulative effects of all enacted legislation on direct spending will be issued in monthly reports transmitted to the Congress.

ESTIMATES FOR PAY-AS-YOU-GO
(outlays in millions)

In addition, OMB is reviewing section 181 for possible pay-as-you-go implications.