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Elementary and Secondary Education for the Disadvantaged (ESED) Block Grant Proposal. The Administration is disappointed that the bill fails to provide funding for the ESED block grant, which would consolidate nearly all currently funded grant programs authorized by the Elementary and Secondary Education Act, empowering State and local education leaders to determine how to use Federal resources most efficiently.
Career and Technical Education. The bill provides
Division F-- Transportation,
DOT Topline Funding. The Administration supports additional investment in transportation infrastructure that is effective and well-targeted. It appreciates the Committee's support for certain requests, such as the
DOT "Emergency" Spending. The Administration opposes the bill's inclusion of
Mask Mandate. The Administration objects to language in the bill that requires passengers and transportation workers to wear masks on commercial airplanes, Amtrak trains, and public transit systems. This requirement is overly restrictive, and such decisions should be left to States, local governments, transportation systems, and public health leaders working together to reduce the public health risk and restore passenger confidence in these transportation systems.
Amtrak. The Administration is disappointed that the bill continues the status quo of providing more than
Essential Air Service (EAS). The Administration is disappointed that the bill did not include the FY 2021 Budget proposals to reform the EAS program at DOT. The Administration has proposed reforms to EAS for several years that build upon existing eligibility requirements and would help control costs while ensuring that truly remote communities receive air service.
Position, Navigation, and Timing (PNT) Back-Up Technologies. The Administration opposes the bill's inclusion of
Cable Security Fleet Program. The Administration opposes the bill's inclusion of
California High Speed Rail. The Administration objects to section 193 of the bill that would prohibit DOT from using funds de-obligated from
Rental Assistance Programs. The Administration is disappointed that the bill provides
Homeless Assistance. The Administration strongly objects to language in title II of the bill, under the heading Homeless Assistance Grants that would continue to limit HUD's ability to modify its
Proposed Grant Eliminations. The Administration opposes funding for the Community Development
HUD "Emergency" Spending. The Administration strongly opposes the
HUD Rulemaking Prohibitions. The Administration strongly objects to section 237 of the bill, which would prevent HUD from proceeding with the proposed rule that prohibits persons other than
HUD CDBG-Disaster Recovery (CDBG-DR). The Administration strongly opposes language in title II of the bill, under the heading of "
would contribute to a weakening of the Stafford Act's prohibition on duplication of benefits.
Several provisions of the bill raise constitutional concerns. The Administration objects to provisions in division A of the bill, such as sections 8067, 8074, 8078, 9012, and 9029, that would limit the President's constitutional authority as Commander in Chief to direct the use of military personnel and materiel. The Administration also objects to provisions that would require advance notice to
The Administration objects to sections 509 and 516 of division B, which would prevent the negotiation of certain terms in international agreements, as well as section 526, which would prevent certain forms of bilateral cooperation between executive branch agencies and
The Administration objects to provisos in division D that would bar the President and OMB from expending funds on supervision of agency activities, including orders, regulations, testimony, work plans, and investigations. These provisions would interfere with the President's supervision of the executive branch, a necessary feature of his constitutional duty to "take Care that the Laws be faithfully executed."
The Administration objects to section 713 of division D, which would allow an employee of the executive branch to disclose information to
The Administration objects to sections 8013 and 8138 of division A and section 309 of division C, which would bar the use of appropriated funds to generate certain legislative recommendations. These provisions would contravene the President's constitutional authority to recommend to
The Administration objects to a number of provisions throughout the bill that would condition the authority of the President to take certain actions, such as obligating or transferring funds, on prior approval of or consultation with committees of
The Administration objects to section 232 of division E, which would authorize members of
For related reasons, the Administration objects to sections 748 and 749 of division D on separation of powers grounds. These provisions would require executive agencies to produce "information, documentation, and views" on demand by the Comptroller General for use in investigations, and would authorize the Comptroller General to sue an official of the executive branch whom he deems not to have complied with such a demand. They would also require an agency to provide a report to the President and
The Administration objects to section 248 of division E, which would disable agencies administering grant programs from making exceptions to non-discrimination rules when required by the First Amendment. The restrictions mandated by this section would violate the First Amendment in certain applications, such as when the grant recipient is a religious organization whose employment decisions are protected by the ministerial exception, or when the funding program is not designed to create a limited public forum for individual expression.
While the Administration understands that the
Restrictions on Border Security and Immigration Enforcement Activities. The Administration strongly opposes language in section 533 that would prohibit the use of Federal funds to execute several of the Administration's immigration and border security priorities. These programs and policies are an integral part of the Administration's efforts to prevent the return of a security and humanitarian crisis on the Southern Border.
Limiting ICE Flexibility. The Administration opposes language in sections 237, 238, and 239 that seeks to limit ICE's flexibility to revise its guidance related to F and M visas, prohibit community outreach programs, and end immigration enforcement action against a class of aliens who otherwise may be amenable to removal.
Immigration Detention Limits. The Administration strongly opposes section 219 of the bill, which would limit immigration detention to 20 days for all aliens unless the Director of ICE concludes that the alien poses a public safety threat or is a flight risk. This provision undermines statutory and mission-critical requirements to detain aliens pending removal, criminal aliens, and those with final deportation orders. This provision seeks to formalize catch-and-release and would result in more criminal aliens and aliens with final orders of removal being released into the interior of the country, which would unnecessarily force ICE to make dangerous at-large apprehensions--putting the safety of citizens, communities, and law enforcement officers at risk. In addition, section 219 would compel the release of illegal aliens into
Immigration Enforcement Limitation. The Administration strongly opposes section 215 of the bill, which would prohibit ICE from taking any enforcement action against
individuals who provide information to the Federal Government or its contractors as part of the unaccompanied alien children sponsorship process. Unlike prior attempts to limit immigration enforcement actions, section 215 fails to provide an exception for individuals with criminal histories, which undermine the imperative to protect the welfare of vulnerable children. It is vital to ensure that people convicted of felony child and sexual abuse or those associated with prostitution are barred from the unaccompanied children sponsorship process and are not provided immunity or shielded from enforcement action. This provision could also be exploited by criminal aliens to remain in
Third Country Asylum. The Administration opposes section 106 of the bill, which would prohibit the use of Federal funds to return aliens to a third country to claim asylum under an Asylum Cooperation Agreement (ACA) until the Secretary of
Law Enforcement Officers. The Administration is concerned that the bill fails to provide the funding needed to hire additional
unauthorized, unnecessary, and duplicative grant program to provide case management services to individuals released from detention--a mission area completely outside of
Transportation Security Administration Funding. The Administration opposes excessive transportation security funding initiatives eliminated in the FY 2021 Budget Request that are either duplicative, not a Federal responsibility, or have not proven to be successful.
Plum Island Closure and Sale. The Administration opposes section 410 of the bill.
The Administration objects to section 532 of the committee reported bill, which would require the submission a legislative recommendation in violation of the Recommendations Clause.
The Administration objects to section 239(a) of the committee reported bill, which would authorize a legislative veto, in violation of INS v. Chadha,
The Administration objects to section 528 of the committee reported bill, which would authorize members of
The Administration looks forward to working with