The California Institute for Federal Policy Research

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SPECIAL REPORT:

FY 2001 Appropriations for Commerce-Justice-State

(as included in December 2000 Omnibus Package)

The California Institute presents here an analysis of California details of FY 2001 Appropriations for the Departments of Commerce, Justice and State and Related Agencies as contained in the omnibus spending bill passed on December 15, 2000. A separate report analyzes the omnibus bill’s provisions which deal with appropriations for the Departments of Labor, HHS and Education, and a third report deals with appropriations for other matters.

California Institute appropriations analysis special reports are also available on the Institute’s website. This report is available as http://www.calinst.org/pubs/cjs01f.htm

In October 2000, the House and Senate passed a $37.5 billion conference report for FY 2001 Appropriations for the Departments of Commerce, Justice and State and Related Agencies. The bill was attached to a measure providing funding for the District of Columbia (H.R. 4942). However, under threat of veto, that bill was never presented to the White House.

On December 15, 2000, Congress approved the FY 2001 Appropriations for the Departments of Commerce, State, Justice, and related agencies (CJS), H.R. 4942. The bill was passed by reference as part of the FY01 Labor, Health and Human Services Appropriations bill and incorporated changes agreed to in the negotiations between the Administration and Congress. Discussed below are several provisions affecting the state of California and its interests.

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service (INS)

Immigrant Relief

The conference report allows immigrants who have overstayed their visas, or are in the country illegally for other reasons, to pay a $1,000 fine in order to remain in the country pending their adjustment to permanent residency status, rather than having to return to their native countries, and be ineligible to return to the United States for three to ten years. This relief can only be applied for until April 30, 2001.

Immigrants who have been in the United States since before 1982, and were unable to receive amnesty under the 1986 immigration law, will be allowed administrative relief to help them apply for permanent residency to remain in the United States. It is estimated that this provision may help as many as 400,000 immigrants.

Provisions granting Guatemalans, Salvadorans, Hondurans, and Haitians the same preferential treatment granted earlier to Nicaraguans and Cubans were dropped from the final bill, as were provisions that would have expanded the H-2A agriculture worker program.

SCAAP

The bill includes $565 million in funding for the State Criminal Alien Assistance Program (SCAAP), which partially reimburses the states for the costs of incarcerating illegal criminal immigrants. The House had recommended a funding level of $585 million, the same as that appropriated in both FY99 and FY00; the Senate had recommended a sharp reduction, to $50 million. In FY98-99, California received about $244 million from SCAAP.

Administrative Efficiency

The conference agreement adopts the direction included in the House report regarding monthly reports on the status of processing immigration benefits applications, continuation of the San Jose customer service pilot program, and a report on unreviewed Citizenship USA cases, which is to be submitted no later than November 1, 2000.

Border Control and Management

--$100,612,000 is provided for additional border patrol staffing, technology, land border inspections, and Joint Terrorism Task Forces, including:

--$52,000,000, representing 430 positions and 215 FTE (full time equivalent) for new border patrol agents. The report notes that again in fiscal years 1999 and 2000, the INS has failed to hire the 1,000 new border patrol agents provided in each of those years, and instructs that should the INS be unable to recruit the required agents again in fiscal year 2001, it submit a reprogramming request prior to expenditure of the funds for any other purpose.

--The conference agreement includes a total of $30,737,000 for additional border patrol equipment and technology. Funding provided is to be used for high priority equipment, including fiber optic scopes, hand-held search lights, vehicle infrared cameras, Global Positioning Systems, infrared scopes, night vision goggles, hand-held range-finder night vision binoculars, and pocket scopes.

--$6,277,000, 72 positions and 36 FTE, is provided for additional inspectors at land border Ports of Entry (POE).

--$7,000,000, 58 positions and 29 FTE, is provided for additional investigators and operational costs associated with INS participation in Joint Terrorism Task Forces to address immigration-related issues in terrorism cases.

Interior Enforcement/Removal of Deportable Aliens

--$120,856,000 is provided for interior enforcement, including the tracking, detention, and removal of aliens, including:

--$87,306,000, 120 positions and 60 FTE, for an additional 1,167 detention beds, including 1,000 beds in State and local facilities, and 120 juvenile detention beds, as proposed in the House report, and

--$11,000,000, 100 positions and 50 FTE, for 23 additional Quick Response Teams, as proposed in the House report.

In addition, the conference agreement includes an additional $3,000,000 under the Community Oriented Policing Services program to expand the program to provide video-teleconferencing equipment and technology to allow State and local law enforcement to confirm the status of an alien suspected of criminal activity.

--$3,000,000, 28 positions and 14 FTE, is for expansion of the on-going Criminal Alien Apprehension Program (CAAP).

Services/Benefits

-- INS is directed to conduct a complete review of staffing and resource needs to improve benefits and services in all current INS offices, as well as the need for additional offices, particularly in rural areas. As part of this review, the INS is directed to pay particular attention to several areas, including: San Francisco and Ventura.

--The conference agreement also adopts by reference the direction included in the House report regarding monthly reports on the status of processing immigration benefits applications, continuation of the San Jose customer service pilot, and a report on unreviewed Citizenship USA cases.

-- the conference report prohibits the use of funds to operate the San Clemente and Temecula traffic checkpoints unless certain conditions are met, as proposed in the House bill

Federal Prison System
Building and Facilities

--The conference agreement includes funding to begin and or complete the activation of the following facilities:

Victorville $5,882,000

Atwater $22,316,000

Lompoc expansion $907,000

--The conference agreement includes $835,660,000 for construction, modernization, maintenance and repair of prison and detention facilities housing Federal prisoners, the same level as provided in the House bill, instead of $724,389,000 as provided in the Senate-reported amendment. The conference agreement provides $681,271,000 for construction of new facilities, including:

Facilities with prior funding:

USP Lompoc $118,111,000

FCI Herlong/Sierra $116,861,000

FCI Victorville $16,838,000

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

--The conference agreement includes $2,848,929,000 for State and Local Law Enforcement Assistance, instead of $2,823,950,000 as proposed in the House bill, and $1,475,254,000 as proposed in the Senate-reported amendment.

Local Law Enforcement Block Grants

--This amount includes $523 million for Local Law Enforcement Block Grants, as proposed in the House bill, instead of $400,000,000, as proposed in the Senate-reported amendment. Within the amount provided, the conference agreement includes language providing $60,000,000 to the Boys and Girls Clubs of America.

Edward Byrne Grants To States

--The conference agreement provides $569,050,000 for the Edward Byrne Memorial State and Local Law Enforcement Assistance Program, of which $69,050,000 is for discretionary grants and $500,000,000 is provided for formula grants.

Office of Justice Programs

--$2,000,000 to automate the criminal records management system in San Diego;

--The conferees instruct the Office of Justice to review proposals for discretionary grants:

--$1,000,000 for the Night Light program in San Bernardino to assign probation officers to patrol with law enforcement during peak crime hours;

--$1,000,000 for a community court pilot project in Los Angeles; and

--$3,000,000 for the Regional Mobile Gang Task Force Enforcement Team in Orange County

COMMUNITY ORIENTED POLICING SERVICES

--The conference agreement includes $1,032,325,000 for the Community Oriented Policing Services (COPS) program, instead of $812,025,000 in the Senate-reported amendment and $595,000,000 in the House bill.

--Included in that amount are the following California grants:

--$1,880,000 for a grant to the Pasadena Police Department for equipment;

--$200,000 for a grant to the City of Signal Hill for equipment and technology for an emergency operations center;

COPS Technology Programs

--$1,750,000 for a grant to the California Highway Patrol for a communications system;

--$1,000,000 for a grant to Orange County for a seamless, integrated communications technology system;

--$100,000 for a grant to $1,000,000 for a grant to the Riverside police department for mobile data terminals;

--$2,000,000 for a grant to Ventura County for an integrated justice information system;

--$1,500,000 for a grant for the Citrus Heights police force for computer networking and radios;

--$750,000 for a grant for the cities of Acadia and Sierra Madre to improve crime technology and communications between the cities;

--$600,000 for a grant for a computer-aided dispatch and records management system for the Bells Garden [sic – Bell Gardens] police department;

--$1,500,000 for a grant for a justice tracking information system (GESTES) for San Francisco;

--$1,190,000 for a grant for Pasadena for a computerized geographic information system;

--$230,000 for a grant for Glendale for police training equipment and technologies; and

--$500,000 for a grant for the San Joaquin County sheriff's office for technology enhancements.

COPS Methamphetamine/Drug "Hot Spots" Program

--The conference Agreement provides $48,500,000 for State and local law enforcement programs to combat methamphetamine production, distribution, and use, and to reimburse the Drug Enforcement Administration for assistance to State and local law enforcement for proper removal and disposal of hazardous materials at clandestine methamphetamine labs. The monies may also be used for policing initiatives in "hot spots" of drug market activity. The House bill proposed $45,675,000 and the Senate-reported amendment proposed $41,700,000 for this purpose.

--The conference agreement instructs the COPS office to review requests from the California Bureau of Narcotics Enforcement's Methamphetamine Strategy and Merced County and provide grants, if warranted.

COPS Safe Schools Initiative (SSI)/School Prevention Initiatives

--$350,000 for Berkeley for an intercom and surveillance safety system; and

--$750,000 for Compton for the Youth Center and After School Initiative

JUVENILE JUSTICE AND DELINQUENCY PROGRAMS

--$2,000,000 to continue the L.A.'s Best youth program;

--$500,000 to the Culver City Juvenile Crime Diversion Initiative; and

--$365,000 to Project Bridge to continue to assist at-risk youths in Riverside County

 

DEPARTMENT OF COMMERCE

Economic Development Assistance Programs

--The conference agreement includes $411,879,000 for Economic Development Administration (EDA) grant programs instead of $361,879,000 as proposed in the House bill and $218,000,000 as proposed in the Senate-reported amendment. Of the amounts provided:

--$286,700,000 is for Public Works and Economic Development,

--$49,629,000 is for Economic Adjustment Assistance,

--$31,450,000 is for Defense Conversion,

--$24,000,000 is for Planning,

--$9,100,000 is for Technical Assistance, including University Centers,

--$10,500,000 is for Trade Adjustment Assistance, and

--$500,000 is for Research.

--The conferees expect EDA to provide resources for communities affected by economic downturns due to United States-Canadian trade-related issues, New England fisheries impacted by regulations, and communities impacted by NAFTA, as directed in the Senate report.

Advanced Technology Program

--The conference agreement includes $145,700,000 for the Advanced Technology Program (ATP), instead of $153,600,000 as proposed in the Senate-reported amendment, and no funding as proposed in the House bill. The amount of carryover funding available in fiscal year 2001 is $45,000,000, providing total available funding of $190,700,000 for fiscal year 2001.

National Marine Fisheries Service

-- Within the funds provided for protected species management, $750,000 is for continuation of a study on the impacts of California sea lions and harbor seals on salmonids and the West Coast ecosystem.

NATIONAL OCEAN AND ATMOSPHERIC ADMINISTRATION

Oceanic and Atmospheric Research

Long-Term Climate and Air Quality Research.--The conference agreement provides $33,019,000 for this activity, including $500,000 for the California ozone study;

Coastal and Ocean Activities

--$2,000,000 for land acquisition in southern Orange County for conservation of coastal sage scrub and riparian habitats; and

--$3,000,000 for planning, renovation and construction of facilities for a new national estuarine research reserve in San Francisco.

Pacific Salmon Coastal Recovery

--The conference agreement includes $54,000,000 for salmon habitat restoration, stock enhancement, and research. Of this amount, $18,000,000 is provided to the State of Washington, $10,000,000 is provided to the State of Alaska, $9,000,000 is provided to the State of Oregon, and $9,000,000 is provided to the State of California. None of the $54,000,000 shall be used for the buy back of commercial fishing licenses or vessels.

 

DEPARTMENT OF STATE

International Boundary and Water Commission, U. S. and Mexico

--The conference agreement includes $7,142,000 for Salaries and Expenses of the International Boundary and Water Commission (IBWC) as proposed in the Senate-reported amendment, instead of $19,470,000 as proposed in the House bill. The conference agreement includes, by reference, language in the House report regarding the South Bay International Wastewater Treatment Plant.

--The conference agreement includes $22,950,000 for the Construction account of the IBWC instead of $26,747,000 as proposed in the Senate-reported amendment and $6,415,000 as proposed in the House bill.

--The conference agreement provides funding for the following activities:

--facilities renovation--$425,000;

--heavy equipment replacement--$1,000,000;

--land mobile radio systems replacement--$500,000;

--hydrologic data collection system rehabilitation--$500,000;

--Rio Grande construction--$2,685,000;

--Colorado River construction--$805,000;

--a feasibility study for the construction of a diversionary structure to control sewage flows in the flood control channel of the Tijuana River--$500,000.

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