The Administration strongly opposes passage of H.R. 7617. Throughout the summer of last year, the Administration worked diligently with
H.R. 7617, however, includes a number of provisions that would blatantly violate both the letter and spirit of this agreement. These include provisions that, for example, restrict needed transfer authorities, undermine
If H.R. 7617 were presented to the President in its current form, his advisors would recommend that he veto it.
Transfer Authority. The Administration strongly objects to language in sections 8005 and 9002 of the bill that would significantly decrease
severely constrain its ability to shift funds between accounts to meet unforeseen or emerging military requirements.
Nuclear Modernization. The Administration strongly objects to reductions in the bill for critical nuclear modernization and sustainment programs in all three legs of the nuclear triad, which underwrites our national security and that of our allies. Reductions to the Long Range Stand Off cruise missile, the Ground Based Strategic Deterrent ballistic missiles, the Columbia class ballistic missile submarine, B-52, and the Trident II D5 Life Extension Program ballistic missile modifications would not reflect the urgency of nuclear modernization. Any delay in funding for replacement systems would adversely impact the nuclear triad and the deterrence mission.
Nuclear Weapons Council Coordination. The Administration has concerns regarding section 8138 of the bill, which would completely prohibit
Nuclear Test Readiness. The Administration objects to section 8133 of the bill, which would prohibit
Border Support. The Administration objects to language in section 8136 of the bill that would place limits on the use of Armed Forces serving on active duty in support of civil authorities at the Southern Border. The use of Armed Forces serving on active duty on a non-reimbursable basis is critical to
Funds for Army to Rename Confederate References. The Administration strongly objects to section 8139 of the bill, which would require Army operation and maintenance funding to be used to rename installations, facilities, roads, and streets named after Confederate leaders and officers. Over the years, these locations have taken on significance to the American story and those who have helped write it that far transcends their namesakes. The Administration respects the legacy of the millions of American servicemen and women who have served with honor at these military bases, and who from these locations have fought and died in two World Wars,
those who do not meet an ever-shifting standard of conduct. Beyond section 130, loud voices in America are also demanding the destruction or renaming of monuments and memorials to former Presidents, including the our first President,
Authorization for Use of Military Force (AUMF). The Administration strongly objects to sections 9028 and 9029 of the bill, which would repeal the current AUMFs. The 2001 and 2002 AUMFs grant
Prohibition of Funds for Military Force Related to
Counter-Drug Funding. The Administration objects to the
Rapid Prototyping Program (RPP). The Administration objects to the
Standard Missile (SM) 6. The Administration strongly objects to the reductions of
Next Generation Interceptor (NGI). The Administration strongly objects to the
Aegis Ballistic Missile Defense (
Next Generation Air Dominance (NGAD). The Administration strongly objects to the
Domestic Manufacturing Requirements for Navy Shipbuilding. The Administration strongly objects to the proposed limitations in section 8129 of the bill on the design and development of many future naval ships. While the Administration believes strongly that a healthy and resilient shipbuilding industrial base is essential to national security, this provision would undermine the
restriction could require establishing and qualifying new domestic vendors for various components, which can take several years to complete. Implementing this requirement would result in significant schedule delays and cost increases, delay delivery of critical capabilities to the warfighters, and potentially make some of the covered programs unaffordable.
Littoral Combat Ships (LCS). The Administration strongly objects to section 8130 of the bill, which would prohibit
BMD Terminal Defense Segment. The Administration strongly objects to the combined
Division B-- Commerce, Justice, Science, and Related Agencies Appropriations Act, 2021
Trade Enforcement. The Administration appreciates the Committee's continued support for
DOC Departmental Management. The Administration is concerned that the bill does not adopt the Administration's proposal included in the FY 2021 Budget Request to elevate and expand the
DOC Program Eliminations and Savings. The Administration is disappointed that the bill continues to fund DOC bureaus and programs proposed for elimination in the FY
2021 Budget Request, such as the National Oceanic and
Federal Law Enforcement. The bill provides
First Step Act (FSA) of 2018. The Administration objects to the funding level for FSA implementation, which is
Legal Representation Funding. The Administration strongly opposes the establishment of an Immigration Representation Pilot grant program. Such a program may be inconsistent with the policy directive in section 292 of the Immigration and Nationality Act that aliens in removal hearings are not entitled to government-funded representation.
Federal Prisoner Detention (FPD). The bill provides
State and Local Grants. The bill provides
Police Reform. The bill includes funding and language to impose implementation of
H.R. 7120, the George Floyd Justice in Policing Act of 2020--legislation which the Administration has opposed. These policies would deter good candidates from pursuing careers in law enforcement, weaken the ability of law enforcement agencies to reduce crime and keep America's communities safe, and fail to bring law enforcement and the communities they serve closer together. The Administration favors a targeted approach, including support for mental health services and co-responder programs, which would improve the quality of police services provided to every American community, instead of using an excessive approach such as the one taken by H.R. 7120.
Sanctuary Jurisdictions. The Administration urges
Firearm Protections. The Administration is concerned that the bill excludes certain Second Amendment-related protections that have been included in prior appropriations acts, such as those related to the import and export of certain firearms. The Administration urges
Working Capital Fund and Assets Forfeiture Fund Provisions. The bill retains outmoded and impractical limitations on the use of funds from the
Additional Provisions. The Administration is concerned with restrictions that the bill places on the Attorney General. Section 541 of the bill restricts official travel to a 50mile radius of the
NASA Exploration. The Administration objects to the insufficient level of funding for NASA Exploration, which is
NASA Exploration Technology. The Administration is disappointed that the bill funds Exploration Technology at nearly
NSF Topline. The Administration is concerned that the bill funds NSF at
LSC Topline. The Administration is disappointed that the bill fails to eliminate Federal funding for LSC, which would save the American taxpayer more than
Agency Topline. Title I of the bill provides
Corps "Emergency" Funding. The Administration opposes the inclusion of
The Administration believes funding for water resources investments should be subject to discretionary spending limits.
Inland Navigation. The Administration objects to the requirement in title VI of the bill under the Construction account heading that the Corps allocate no less than
Infrastructure. The Administration is disappointed that the bill fails to fully fund the level requested in the FY 2021 Budget Request for the program created by section 1043 of the Water Resources and Development Act of 2014 (WRDA). Given the bipartisan support for the program and its inclusion in both of the House and Senate WRDA bills, we strongly encourage the Committee to include robust funding for this important program consistent with the President's FY 2021 Budget Request that is a tool for reforming and improving investment in water resources.
Transparency. The Administration is disappointed that the bill fails to revise appropriations language in five accounts as proposed in the FY 2021 Budget Request to enable greater transparency in how funds are spent. Establishing separate appropriations accounts for the navigation trust funds would improve accountability, ensure appropriations are used in a manner consistent with statutory requirements, and increase transparency for the public, including the users that pay fees to finance some of these costs.
or any prior Act, for the Civil Works program, for use on the design or construction of any border security infrastructure along the Southern Border.
Government Reform. The Administration objects to the inclusion of language in section 106 of the bill, which prohibits use of funds provided in the bill or any other acts to reorganize or to transfer Civil Works functions or authority of the Corps or Secretary of the Army to another department or agency. Consolidating and aligning the Corps civil works missions with the
Nuclear Modernization. The Administration strongly objects to the proposed
Nuclear Weapons Council Coordination. The Administration has concerns regarding section 309 of the bill, which would completely prohibit
Notification Prior to
Nuclear Test Readiness. The Administration objects to section 308 of the bill, which would prohibit NNSA from making specific preparations to conduct a nuclear explosive test that produces any yield. NNSA is responsible for maintaining readiness to conduct an underground nuclear test if a technical need arises or if otherwise directed by the President.
jointly determined that
Applied Energy Programs. The Administration believes the bill provides excessive funding for
Loan Programs. The Administration is disappointed that the bill maintains the Title XVII Innovative Technology Loan Guarantee Program, the Advanced Technology Vehicle Manufacturing Loan Program, and the Tribal Energy Loan Guarantee Program. In the FY 2021 Budget Request, the Administration proposed eliminating these programs and funding only the minimum administrative expenses necessary to monitor the existing portfolio. The Administration encourages
Advanced Research Projects Agency-Energy (ARPA-E). The Administration believes that the continued funding of ARPA-E at
Environmental Management. The Administration strongly opposes the
Other Defense Activities. The Administration opposes the
Versatile Test Reactor. The Administration is disappointed that the bill provides only
Uranium Reserve. The Administration is disappointed that the bill provides no funding for the new Uranium Reserve (UR) program, which is
Nuclear Waste Disposal. The Administration appreciates that the bill provides
DOI "Emergency" Funding. The Administration opposes the bill's inclusion of
Shasta Prohibition. The Administration opposes section 209 of the bill and language under the Water and Related Resources heading in title VI of the bill, which prohibit funding for the
project by name would have long-term consequences on the historically bipartisan process for water project construction.
Water Storage Project Constraints. The Administration strongly opposes the provision under the Water and Related Resources heading in title II of the bill that seeks to condition the authority to obligate and spend funds on named water storage projects until the Secretary of the Interior transmits separate recommendations to
Division D--Financial Services and General Government Appropriations Act, 2021
Executive Office of the President
Poverty Measure. The Administration opposes language in section 632 of the bill that would preclude funds from being used to make changes to the Official Poverty Measure. This provision would prevent the
Supervision of the Executive Branch. The Administration is disappointed that the bill includes certain provisions that seek to interfere with the President's supervision of the executive branch, such as one purporting to bar OMB from expending funds to alter the annual work plan of the
Restrictions on Contracting with Certain Private Corporate Entities. The Administration opposes section 634 of the bill which would restrict certain businesses from receiving Federal contracts or grants if the President, the Vice President, or their families have in excess of 20 percent ownership of or control over a covered entity. This provision is unnecessary and would interfere with normal contracting and grant procedures. Those rules award Federal grant and contract dollars based on eligibility, procurement, and financial standards and should not prevent any company from receiving Federal grants or contracts solely based on their ownership.
Payroll Shared Services. The Administration urges
Federal Information Technology (IT) Modernization
Reform Board and approved by OMB in accordance with the Federal Asset Sales and Transfer Act of 2016 (FASTA). The Administration also encourages
Entrepreneurial Development Programs. The Administration is concerned that the bill provides
Business Loan Programs. The Administration is disappointed that the Committee did not adopt the FY 2021 Budget Request to amend the 7(a) loan program fee structure and to offset a portion of the business loan program administrative costs. These proposals would minimize the cost to taxpayers.
Restrictions. The Administration strongly objects to section 802 of the bill which would amend a previously-enacted provision and would allow for Government-funded abortion in D.C. In addition, the bill excludes requested language that would restrict needle exchanges and physician-assisted suicide in D.C. The bill also excludes previously enacted provisions relating to D.C.'s funding, including the explicit appropriation of local funds. Further, section 809 of the bill prohibits Federal use of the
School Improvement. The Administration is disappointed that the bill provides
bill requires private schools participating in the OSP to certify with the
Federal Communications Commission "Emergency" Spending. The Administration opposes the bill's inclusion of
Apportionment Reporting. The Administration strongly objects to section 204 of the bill, which would require OMB to create an automated system and website through which each OMB-approved apportionment would be publicly posted, as well as publish information on delegation of apportionment authority. These reporting requirements are unnecessarily onerous and would require thousands of documents to be posted online each year detailing ongoing real-time executive branch management. In addition, the Administration strongly objects to section 750 of the bill, which would require agencies to report to congressional committees regarding apportionment actions. This provision would impermissibly interfere with the executive branch's ability to execute the laws
efficiently and effectively and reflects an improper intrusion on the appropriate balance of powers between co-equal branches of the Federal Government.
Informational Requests from the Comptroller General. The Administration strongly objects to section 749 of the bill. This section would require the head of an agency to respond to a written request from the Government Accountability Office (GAO) for information regarding a decision or opinion on a budget or appropriations law within 20 days of a request, and empowers the Comptroller General to bring a civil action to require such a response. Section 749 would also require the head of an agency to report any violation of the Antideficiency Act found by the GAO to the President,
Restrictions on Withholding under the Impoundment Control Act of 1974 (ICA). The Administration strongly objects to section 748 of the bill, which would prohibit withholding from obligation any budget authority proposed for rescission or deferral pursuant to the ICA within 90 days of the expiration of that budget authority. In addition, this provision purports to prescribe specific conditions for apportionments of appropriations and requires the head of a Federal agency to provide the Comptroller General access to records or interviews with agency employees within 20 days of a request or by such date as otherwise specified by the Comptroller General. This provision would undermine long-standing budget law and impinge on the President's ability to exercise fiscal management of the executive branch, which include his authority to propose rescissions.
Collective Bargaining Agreements (CBA). The Administration strongly opposes section 751 of the bill, which would prevent agencies from addressing language in their CBAs that violate Government-wide requirements and would limit the authority of the
Division E-- Departments of Labor,
Apprenticeship. The Administration appreciates the Committee's funding for the expansion of apprenticeships, but opposes the restriction of funding to Registered Apprenticeships. This restriction limits DOL's ability to expand access to Industry Recognized Apprenticeship Programs, which engage employers to give more Americans pathways to the middle class through work and learn programs.
Protecting Union Members. The Administration strongly objects to the Committee's underfunding of the
H-1B Training. The Administration opposes the rescission of
Prohibition on Deregulatory Actions. The Administration objects to the provisions in sections 113, 114, and 115 prohibiting DOL from using funds to implement rules critical to providing clarity for businesses on Joint Employment under the Fair Labor Standards Act; providing greater certainty and more appropriate parameters for religious organizations under contract with the Federal Government; and providing staffing flexibility for States in carrying out their employment service programs.
Unaccompanied Alien Children (UAC). The Administration opposes the numerous irresponsible and burdensome provisions that would impede HHS's ability to effectively operate the UAC program and protect the safety of children in its care, including sections 231, 232, and 234. Further, the bill provides insufficient funding to support the program's bed capacity needs and the appropriate level of services for all UAC referred to HHS's care, particularly during times of high levels of migration. The bill also fails to provide any expanded transfer authority for the Secretary of HHS for this account as proposed in the FY 2021 Budget Request, which has in recent years enabled the program to respond to unanticipated and crisis-level migration trends. In order to ensure that HHS would be able to respond to unpredictable UAC trends, particularly over the longer-term, the Administration urges
Title VI "Emergency Funding" for Public Health Infrastructure. The Administration opposes the inclusion of unrequested emergency funding in the bill, and reiterates that
Title X Family Planning. The Administration opposes language under the Health Resources and Services Administration--Family Planning account heading that prevents the implementations and enforcement of new Title X Family Planning rule that took effect on
Teen Pregnancy Prevention (TPP) Program. The Administration opposes the bill's inclusion of
Conscience Rule Implementation Prohibition. The Administration strongly objects to the inclusion of section 244 of the bill, which prohibits the
Section 1557 of the Affordable Care Act (ACA) Rule Implementation Prohibition. The Administration strongly objects to the inclusion of section 245 of the bill, which prohibits the
Religious Freedom and Non-Discrimination in HHS Grants. The Administration strongly opposes section 248. This section would prohibit HHS from providing any funding in the Act to grantees, including foster care grantees under title IV-E of the Social Security Act, who do not abide by HHS's current nondiscrimination rules, which prohibit discrimination on the basis of gender identity and sexual orientation, or treat as valid marriages in accordance with the recent
Reassignment of Medicaid Provider Claims. The Administration strongly objects to the bill's prohibition in section 247 on the use of funds to implement the final rule to Protect Medicaid Provider Payments. This rule ensures that any diversions of Medicaid providers' payments are consistent with statute.
Medicaid Nonemergency Medical Transportation (NEMT). The Administration objects to the bill's prohibition in section 246 on the use of funds to publish a
Indirect Costs. The Administration appreciates the inclusion of language that would permit the
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