[House Report 113-172]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 113-172
======================================================================
FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS BILL, 2014
_______
July 23, 2013.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Crenshaw, from the Committee on Appropriations,
submitted the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 2786]
The Committee on Appropriations submits the following
report in explanation of the accompanying bill making
appropriations for financial services and general government
for the fiscal year ending September 30, 2014.
INDEX TO BILL AND REPORT
Page number
Bill Report
Title I--Department of the Treasury........................ 2
7
Title II--Executive Office of the President and Funds
Appropriated to the President.......................... 24
23
Title III--The Judiciary................................... 38
33
Title IV--District of Columbia............................. 47
39
Title V--Independent Agencies.............................. 57
44
Bureau of Consumer Financial Protection.................... 57
44
Consumer Product Safety Commission......................... 59
45
Election Assistance Commission.............................
46
Federal Communications Commission.......................... 60
47
Federal Deposit Insurance Corporation...................... 61
50
Federal Election Commission................................ 61
50
Federal Labor Relations Authority.......................... 61
50
Federal Trade Commission................................... 62
51
General Services Administration............................ 64
51
Merit Systems Protection Board............................. 80
63
National Archives and Records Administration............... 81
63
National Credit Union Administration....................... 82
65
Office of Government Ethics................................ 82
65
Office of Personnel Management............................. 83
66
Office of Special Counsel.................................. 85
67
Postal Regulatory Commission............................... 86
68
Privacy and Civil Liberties Oversight Board................ 86
68
Recovery Accountability and Transparency Board............. 87
69
Securities and Exchange Commission......................... 87
69
Selective Service System................................... 89
72
Small Business Administration.............................. 90
73
United States Postal Service............................... 94
77
United States Tax Court.................................... 95
78
Title VI--General Provisions--This Act..................... 95
78
Title VII--General Provisions--Government-wide:
Departments, Agencies, and Corporations................ 112
82
Title VIII--General Provisions--District of Columbia....... 135
84
Title IX--Additional General Provisions--Spending Reduction
Account................................................ 142
86
House of Representatives Reporting Requirements............
86
Dissenting Views...........................................
146
Highlights of the Bill
The Financial Services and General Government Subcommittee
has jurisdiction over a diverse group of agencies responsible
for regulating the financial and telecommunications industries;
collecting taxes and providing taxpayer assistance; supporting
the operations of the White House, the Federal Judiciary, and
the District of Columbia; managing Federal buildings; and
overseeing the Federal workforce. The activities of these
agencies impact nearly every American and are integral to the
operations of our government.
However, with the Federal debt approaching $17 trillion,
the Subcommittee is committed to reducing the cost and size of
government. The bill provides a total of $16,966,000,000 in
discretionary budget authority for fiscal year 2014 which is
$4,282,000,000 or 20 percent below the fiscal year 2013 level
(defined as the amount provided within Public Law 113-6 and
excluding emergency funding, disaster relief adjustments, the
251A sequester, and any other adjustments imposed by the Office
of Management and Budget pursuant to section 3004 of Public Law
113-6). The bill is $7,045,380,000 or 29 percent below the
Administration's request.
TOTAL BUDGET AUTHORITY
------------------------------------------------------------------------
FY 2013 FY 2014 FY 2014
($ in millions) Enacted Request Recommendation
------------------------------------------------------------------------
Discretionary................. 21,248 24,011 16,966
Mandatory..................... 21,251 21,229 21,229
------------------------------------------------------------------------
Small Business and Job Creation Activities
The bill makes programs that support small businesses and
assist in private sector job creation a priority. The bill
provides $263,160,000 for SBA's business loan program to
provide $17,500,000,000 in 7(a) lending and $7,500,000,000 in
504 lending. The bill also provides $112,500,000 for Small
Business Development Centers and $221,000,000 for Treasury's
Community Development Financial Institutions Fund program. In
addition, the bill requires certain regulatory agencies to
report to the Committee on their efforts to eliminate
duplicative, outdated and burdensome regulations.
Law Enforcement and Intelligence Activities
The bill provides $6,542,832,000 in discretionary funds for
the operations of the Federal Judiciary to fulfill their
statutory requirements to process criminal, civil, bankruptcy
and appellate cases; to supervise defendants and offenders
living in our communities; and provide defendant representation
to those that cannot afford it.
The bill continues to make combating illegal drugs a
priority by providing $238,522,000 for High Intensity Drug
Trafficking Areas and $88,000,000 for the Drug-Free Communities
program.
For the District of Columbia, the bill provides sufficient
funds for operations of the District of Columbia Courts and
supervision of offenders and defendants. These amounts are
offset by reductions in other Federal payments to the District
of Columbia.
For Treasury's financial intelligence activities, the bill
provides $105,000,000 for the Office of Terrorism and Financial
Intelligence to enhance their capabilities to combat drug
lords, terrorists, weapons of mass destruction proliferators,
rogue nations and other threats. In addition, the bill provides
$110,788,000 for the Financial Crimes Enforcement Network to
support the financial intelligence requirements of law
enforcement and intelligence agencies.
Program Reductions and Terminations
In order to pay for the priorities described above while
reducing overall spending, the Committee has reduced the
operating expenses for many agencies below the fiscal year 2013
level (defined as the amount provided within Public Law 113-6
and excluding emergency funding, disaster relief adjustments,
the 251A sequester, and any other adjustments imposed by the
Office of Management and Budget pursuant to section 3004 of
Public Law 113-6) including: Department of Treasury--
Departmental Offices, the Alcohol and Tobacco Tax and Trade
Bureau, the Bureau of the Fiscal Service, the Internal Revenue
Service, the Administrative Office of the United States Courts,
the Federal Judicial Center, the United States Sentencing
Commission, the Consumer Product Safety Commission, the Federal
Communications Commission, the Federal Labor Relations
Authority, the Federal Trade Commission, the General Services
Administration, the Merit Systems Protection Board, the
National Archives and Records Administration, the Postal
Regulatory Commission, the Selective Service System, and all of
the salaries and expenses accounts within the Executive Office
of the President.
In addition, the bill eliminates funding for several
programs including: Unanticipated Needs-Executive Office of the
President, a Federal payment for the District of Columbia Water
and Sewer Authority, the Administrative Conference of the
United States, the Christopher Columbus Fellowship Foundation,
the Election Assistance Commission, Allowances for Former
Presidents, the Harry S Truman Scholarship Foundation, the
Morris K. Udall and Stewart L. Udall Foundation, and the Public
Company and Accounting Oversight Board's scholarship program.
An indecent amount of spending on training, travel, and
employee awards occurred during fiscal year 2010 when agencies
such as the Internal Revenue Service (IRS) and the General
Services Administration (GSA) received a record high of
appropriated funds following on the heels of the American
Recovery and Reinvestment Act. Similar to the curse of winning
the lottery, agency staff celebrated their good fortune with
ceremonies, food, travel, and presidential suites instead of
extending better service to American taxpayers, who were
struggling with elevated unemployment levels. Both IRS and GSA
say they have changed their ways and point to numerous reforms
that they have implemented. It is no coincidence, however, that
these reforms coincide with the discretionary spending
reductions enacted over the previous three fiscal years. The
bill reduces overall agency funding, specifically limits the
use of IRS funds for conferences until the TIGTA's conference
recommendations are implemented, and requires all IGs funded in
the bill to do a review of agency conference spending.
Internal Revenue Service
The Committee is disquieted by IRS' wasteful spending in
fiscal year 2010 and inappropriate singling out of certain tax-
exempt groups based on their political beliefs. The IRS'
troubles are neither superficial nor simple. The Committee has
taken steps to begin reforming the agency by reducing the IRS'
appropriation by 24 percent compared to the fiscal year 2013
continuing resolution level, which is $3.9 billion, or 30
percent, below the budget request. In addition, the bill
includes the following terms and conditions:
Withholds 10 percent of the IRS' already reduced
enforcement appropriation until all of the recommendations
contained the Treasury Inspector General for Tax
Administration's (TIGTA) report on inappropriate criteria being
used to identify tax-exempt applications for review are fully
implemented.
Prohibits funds for conferences until all of
TIGTA's recommendations regarding conferences are implemented.
Prohibits funds for employee bonuses and awards
until the IRS, with the assistance of the Office of Personnel
Management, have determined the IRS' employee recognition
programs actually improve employee performance and
productivity.
Requires extensive reporting on IRS spending.
Prohibits funds for the production of videos that
have not been reviewed for cost, topic, tone, and purpose and
certified to be appropriate.
Provides TIGTA with $5,462,000 above the budget
request to enhance its audit and investigative oversight of the
IRS.
The Committee continues to be concerned with the IRS' role
in implementation of the Affordable Care Act and the individual
mandate in particular. At a time when the IRS has demonstrated
little ability to self-police or self-correct, the IRS is on
the precipice having even more authority over policing
Americans' health coverage. The Committee finds this expansion
of IRS authority to be unacceptable and, therefore, prohibits
funding to implement the individual mandate and prohibits
transfers from the Department of Health and Human Services to
fund the IRS' implementation of the Affordable Care Act.
General Services Administration
In order to prevent the appalling activities that
culminated in the General Services Administration's (GSA)
Public Buildings Service 2010 Western Regions Conference and
promote improved management in the GSA's facilities portfolio,
the bill:
Prohibits GSA from spending $2.4 billion of funds
estimated to be collected in the Federal Buildings Fund.
Restructures GSA appropriation accounts to
separate the cost of administrative expenses from program
activities.
Reduces obligations in the Federal Buildings Fund
for administrative expenses by 15 percent compared to the
request.
Requires GSA to provide quarterly reports on its
property portfolio and space utilitization.
Provides funding to consolidate underutilized
Federal facilities when the project will reduce future costs to
tenant agencies.
Prohibits funds for awards and bonuses until a
comprehensive review of GSA's employee recognition programs is
complemented.
Requires reporting on employee training
activities.
Requires reporting on the use of the Working
Capital Fund and limits spending from the Fund.
Increases funding for the GSA Inspector General by
$5,092,000 above the request.
Additional Transparency and Accountability Measures
Makes the Office of Financial Research (OFR) and
the Consumer Financial Protection Bureau (CFPB) subject to the
appropriations process next year.
Requires additional reporting on mandatory
expenses from OFR, CFPB, the Office of Financial Stability and
the Judgment Fund.
Includes a bill-wide prohibition on travel,
conferences and employee awards that are not in compliance with
laws and regulations.
Requires agency Inspectors General to report
whether agencies funded in the bill have appropriate procedures
in place to ensure compliance with laws and regulations on
travel, conferences, and awards.
Increases funds above the request by $7,500,000
for the Recovery and Accountability Oversight Board to continue
oversight of stimulus and Hurricane Sandy spending, and develop
tools that can be used government-wide to detect and prevent
waste and fraud.
Fully funds the request for the Privacy and Civil
Liberties Oversight Board.
Operating Plan and Reprogramming Procedures
The Committee will continue to evaluate reprogrammings
proposed by agencies. Although reprogrammings may not change
either the total amount available in an account or the purposes
for which the appropriation is legally available, they
represent a significant departure from budget plans presented
to the Committee in an agency's budget justification and
supporting documents, which are the basis of this
appropriations Act. The Committee expects agencies'
reprogramming requests to explain thoroughly the reasons for
the reprogramming and to include an assessment of whether the
reprogramming will affect budget requirements for the
subsequent fiscal year.
Section 608 of this Act requires agencies or entities
funded by the Act to notify the Committee and obtain prior
approval from the Committee for any reprogramming of funds
that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds or personnel for any
program, project, or activity for which funds have been denied
or restricted by the Congress; (4) proposes to use funds
directed for a specific activity by either the House or Senate
Committees on Appropriations for a different purpose; (5)
augments existing programs, projects, or activities in excess
of $5,000,000 or 10 percent, whichever is less; (6) reduces
existing programs, projects, or activities by $5,000,000 or 10
percent, whichever is less; or (7) creates or reorganizes
offices, programs, or activities.
Additionally, the Committee expects to be promptly notified
of all reprogramming actions which involve less than the above-
mentioned amounts if such actions would have the effect of
significantly changing an agency's funding requirements in
future years, or if programs or projects specifically cited in
the Committee's reports are affected by the reprogramming.
Reprogrammings meeting these criteria must be approved by the
Committee regardless of the amount proposed to be reallocated.
Section 608 also requires agencies to consult with the
Committees on Appropriations prior to any significant
reorganization or restructuring of offices, programs, or
activities. This provision applies regardless of whether the
reorganization or restructuring involves a reprogramming of
funds. Agencies are encouraged to consult with the Committees
early in the process so that any questions or concerns the
Committees may have can be addressed in a timely manner.
Agencies are directed under section 608 to submit operating
plans for the Committee's review within 60 days of the bill's
enactment. Each operating plan should include: (1) a table for
each appropriation with a separate column to display the
President's budget request, adjustments made by Congress,
adjustments due to enacted rescissions, if appropriate, and the
fiscal year enacted level; (2) a delineation in the table for
each appropriation both by object class and program, project,
and activity as detailed in the budget appendix for the
respective appropriation; and (3) an identification of items of
special congressional interest.
TITLE I--DEPARTMENT OF THE TREASURY
Departmental Offices
SALARIES AND EXPENSES
Appropriation, fiscal year 2013*..................... $308,388,000
Budget request, fiscal year 2014..................... 311,775,000
Recommended in the bill.............................. 182,000,000
Bill compared with:
Appropriation, fiscal year 2013.................. -126,388,000
Budget request, fiscal year 2014................. -129,775,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The Departmental Offices' function in the Treasury
Department is to support the Secretary of the Treasury in his
capacity as the chief operating executive of the Department and
in his role in determining the tax, economic, and financial
management policies of the Federal government. The Secretary's
responsibilities funded by the Salaries and Expenses
appropriation include: recommending and implementing domestic
and international economic and tax policy; providing
recommendations regarding fiscal policy; governing the fiscal
operations of the government; managing the public debt;
managing development of financial policy; representing the U.S.
on international monetary, trade and investment issues;
overseeing Treasury Department overseas operations; directing
the administrative operations of the Treasury Department; and
providing executive oversight of the bureaus within the
Treasury Department.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $182,000,000
for Departmental Offices, Salaries and Expenses, which is
$129,775,000 less than the request. The recommendation fully
funds the administrative expenses of implementing the Resources
and Ecosystems Sustainability, Tourism Opportunities, and
Revived Economy of the Gulf Coast Act (RESTORE Act).
Beginning fiscal year 2014, the Committee provides the
Office of Terrorism and Financial Intelligence (TFI) with an
appropriation separate from the ``Departmental Offices,
Salaries and Expenses'' account. The scope and intensity of
TFI's work has grown recently through the enactment of
legislation and the adoption of executive orders, especially
with regards to Iran, and merits its own appropriations to
ensure the relentless and aggressive enforcement of sanctions
against not only Iran, but also Hizballah, drug cartels, Syria,
Al-Qa'ida, North Korea, and other threats to national security.
Operating Plan.--The Committee requires an operating plan
for the fiscal year 2014 resources provided to the Department,
including all offices and bureaus, no later than 30 days after
enactment of this Act. The plan must include information on
program changes and major procurements at the Department.
Economic Warfare and Financial Terrorism.--The Committee is
disappointed by the Department's failure to provide a report on
economic warfare and financial terrorism to Congress as
required by the 2012 conference report. Treating Congressional
requests with indifference and disregard is contrary to the
cooperation and partnership that the Administration is seeking
with Congress. The Committee again directs the Secretary to
submit this report to the Committees on Appropriations of the
House and Senate, the House Committee on Financial Services,
and the Senate Committee on Banking, Housing, and Urban
Affairs, not more than 90 days after enactment of this Act. The
Secretary shall consider what vulnerabilities currently exist
and potentially may arise in the future. In preparing the
report, the Secretary shall consult with appropriate agencies,
departments, bureaus and commissions that have expertise in
terrorism and complex financial instruments. The report may be
submitted in classified and unclassified forms.
Automated Clearing House Fraud and Theft.--The Committee
encourages Treasury to work with bank regulators to examine
instances of electronic fraud and theft from hacking into the
online banking accounts of commercial account holders in order
to develop a set of best practices for regulated entities to
notify commercial customers when their accounts have been
compromised.
Committee on Foreign Investment in the United States.--The
Committee is concerned about the ramifications of the Shuanghui
International Holdings Ltd. potential acquisition of Smithfield
Foods. The Committee believes that technology transfer, food
safety, and food security issues are concerns that should be
considered in any Committee on Foreign Investment in the United
States (CFIUS) review of the acquisition. The Committee expects
the Secretary of the Treasury, in conjunction with other
relevant Federal agency heads, to consider the impact the
acquisition will have on the short- and long-term ability of
the United States to protect intellectual property rights, as
well as the safety and security of the U.S. food supply system
during the CFIUS review of the Shuanghui International Holdings
Ltd. proposed acquisition of Smithfield Foods and to provide a
detailed briefing to Congress about its findings.
Improper Payments.--The Committee is dismayed that over the
past decade the IRS has made more $100 billion in Earned Income
Tax Credit (EITC) improper payments, which is over 20 percent
of the program, or approximately $10 billion in payments,
annually. EITC is an important program that helps many working
families. However, taxpayers should not have to tolerate more
than one-fifth of the payments being made in error. The
Committee is disappointed that current and former
Administrations have not done more to address the unacceptable
improper payment rate for this program. The Committee
understands that the Treasury Inspector General for Tax
Administration found that the IRS does not even have improper
payment targets as required by the Improper Payments
Elimination and Recovery Act of 2010. The Committee directs the
Department, including the Office of Tax Policy and the Bureau
of the Fiscal Service, to work with IRS to develop improper
payment elimination targets and improve the execution of the
program. The Committee directs the Department to submit
quarterly reports to the Committees on Appropriations of the
House and Senate that set EITC improper payment targets and
describe the Administration's efforts to reduce these improper
payments and achieve savings.
Detailees.--The Committee has observed the Department's use
of both reimbursable and non-reimbursable detailees. A detail
is a temporary assignment of an employee to another position,
within or outside the Department, for a specified time period.
At the end of the assignment, the employee is expected to
return to his or her official position. During the detail, the
employee's salary and benefits are paid by either their
official employer (non-reimbursable) or by their temporary
employer (reimbursable).
The Committee reminds the Department that agencies may not
use non-reimbursable detailees to augment its appropriations
and that appropriated funds may only be used for the purpose
for which they were appropriated. The Committee further reminds
the Department that it is inappropriate to use reimbursable
detailees to avoid Congressional controls and limitations, such
as section 608, especially with regards to creating,
reorganizing, or moving offices or programs.
OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2013*...................... - - -
Budget request, fiscal year 2014...................... - - -
Recommended in the bill............................... $105,000,000
Bill compared with:
Appropriation, fiscal year 2013................... +105,000,000
Budget request, fiscal year 2014.................. +105,000,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Economic and trade sanctions issued and enforced by the
Office of Terrorism and Financial Intelligence's (TFI) Office
of Foreign Assets Control protect the financial system from
being polluted with criminal and illicit activities and
counteract national security threats from drug lords,
terrorists, weapons of mass destruction proliferators, and
rogue nations, among others. In addition to the enforcement of
sanctions, TFI also produces vital analysis with regards to
foreign intelligence and counterintelligence across all
elements of the national security community.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $105,000,000
to carry out TFI's role in detecting and defeating security
threats and separates its appropriation from the ``Departmental
Offices'' account, where it was previously funded. The
recommended level is $7,262,000 above the amount provided for
these activities within ``Departmental Offices, Salaries and
Expenses'' in the fiscal year 2014 request.
Iran Sanctions Act.--The Committee directs the Department
of the Treasury to post online and disseminate publicly those
companies that are not compliant with the Iran Sanctions Act as
well as any foreign entities doing business with the Iran
Revolutionary Guard Corps. No issue is of greater concern or
urgency than preventing Iran from obtaining a nuclear weapon.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
Appropriation, fiscal year 2013*...................... $29,641,000
Budget request, fiscal year 2014...................... 31,351,000
Recommended in the bill............................... 31,351,000
Bill compared with:
Appropriation, fiscal year 2013................... +1,710,000
Budget request, fiscal year 2014.................. - - -
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The Office of Inspector General (OIG) provides agency-wide
audit and investigative functions to identify and correct
operational and administrative deficiencies that create
conditions for fraud, waste, and mismanagement. The audit
function provides contract, program, and financial statement
audit services. Contract audits provide professional advice to
agency contracting officials on accounting and financial
matters relative to negotiation, award, administration,
repricing, and settlement of contracts. Program audits review
and evaluate all facets of agency operations. Financial
statement audits assess whether financial statements fairly
present the agency's financial condition and results of
operations, the adequacy of accounting controls, and compliance
with laws and regulations. The investigative function provides
for the detection and investigation of improper and illegal
activities involving programs, personnel, and operations.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $31,351,000
for the OIG, which is the same as the request. The
recommendation fully funds the cost of overseeing the
Department's Resources and Ecosystems Sustainability, Tourism
Opportunities, and Revived Economy of the Gulf Coast Act
(RESTORE Act) activities.
Separation of Funds and Activities.--The Committee directs
the OIG to report not later than 90 days after enactment of
this Act on the separation of funds and activities between
mandatory-funded offices, such as the Office of Financial
Research and the Office of Financial Stability, and
discretionary-funded offices that carry out related or
overlapping work, such as the Office of Domestic Finance or
Office of Economic Policy.
TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION
SALARIES AND EXPENSES
Appropriation, fiscal year 2013*...................... $151,696,000
Budget request, fiscal year 2014...................... 149,538,000
Recommended in the bill............................... 155,000,000
Bill compared with:
Appropriation, fiscal year 2013................... +3,304,000
Budget request, fiscal year 2014.................. +5,462,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The Office of Treasury Inspector General for Tax
Administration (TIGTA) conducts audits, investigations, and
evaluations to assess the operations and programs of the IRS
and its related entities, the IRS Oversight Board, and the
Office of Chief Counsel. The purpose of those audits and
investigations is as follows: (1) to promote the economic,
efficient, and effective administration of the Nation's tax
laws and to detect and deter fraud and abuse in IRS programs
and operations; and (2) to recommend actions to resolve fraud
and other serious problems, abuses, and deficiencies in these
programs and operations.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $155,000,000
for TIGTA, which is $5,462,000 more than the request. The
Committee appreciates the many issues that TIGTA has brought to
its attention and provides funding above the request to enhance
TIGTA's oversight of IRS activities and use of appropriated
funds.
Identity Theft.--The Committee supports TIGTA's on-going
work related to identity theft and commitment to monitor the
issue until IRS significantly reduces the incidence of tax
fraud through identity theft and significantly improves the
quality of assistance it provides to victims of identity theft.
Return-On-Investment.--The Committee directs TIGTA to
report not later than 90 days after enactment of this Act on
the extent to which revenue estimated to be collected from
enforcement initiatives is actually collected. Every year the
IRS proposes enforcement initiatives and estimates the revenue
to be collected from those specific initiatives. IRS divides
the total estimated revenue by the total cost of initiatives to
calculate a ratio, or return-on-investment (ROI), to justify
the cost of the initiatives. The IRS has a mature methodology
for estimating the revenue, but what is less well understood is
whether the specific initiatives proposed in a specific budget
perform as estimated.
Threats.--TIGTA is responsible for, among other things, not
only investigating IRS employee misconduct, but also protecting
IRS employees against threats. However impatient or exasperated
taxpayers become with the IRS, threatening IRS employees with
violence is both uncalled for and illegal. The Committee
supports TIGTA's investigation into threats and, if warranted,
criminal prosecution of the perpetrators.
SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF PROGRAM
SALARIES AND EXPENSES
Appropriation, fiscal year 2013*...................... $41,800,000
Budget request, fiscal year 2014...................... 34,923,000
Recommended in the bill............................... 34,923,000
Bill compared with:
Appropriation, fiscal year 2013................... -6,877,000
Budget request, fiscal year 2014.................. - - -
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The Office of the Special Inspector General for the
Troubled Asset Relief Program (SIGTARP) was established in the
Emergency Economic Stabilization Act of 2008 (Public Law 110-
343). Its mission is to conduct, supervise, and coordinate
audits and investigations of the purchase, management, and sale
of assets by the Secretary of the Treasury under programs
established pursuant to the Troubled Asset Relief Program
(TARP).
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $34,923,000
for operating expenses of the SIGTARP, which is $6,877,000 less
than fiscal year 2013 and the same as the request.
SIGTARP's operating expenses were initially funded with
mandatory appropriations in the TARP. These funds, however,
were provided in a limited amount. As such, every year the
amount of remaining mandatory funds has been decreasing over
time. In order to continue vigorous oversight of the
outstanding TARP amounts, additional discretionary
appropriations are provided. As TARP winds down, the Committee
expects the request for discretionary appropriations in this
account to also wind down in future years.
Home Affordable Modification Program (HAMP).--The Committee
is greatly concerned with SIGTARP's recent report regarding the
redefault rates within Treasury's HAMP program, specifically,
that homeowners participating in HAMP are more likely to
redefault the longer they are in the program. This is an
abysmal statistic for a program that was created to help
struggling homeowners. The Committee appreciates the oversight
SIGTARP has provided on this issue and strongly encourages
SIGTARP to continue to aggressively monitor this program.
Small Business Lending Fund (SBLF).--The Committee was
displeased to learn from a recent SIGTARP report that many
banks who received TARP loans and participated in the SBLF have
not effectively increased small-business lending and instead
used SBLF funds as a vehicle to exit the TARP program with
little benefit for small businesses. In addition, many former
TARP banks participating in SBLF provided dividends to
shareholders while failing to increase their small business
lending. The Committee encourages SIGTARP to continue its
vigorous oversight of this program and urges Treasury to adopt
SIGTARP's recommendations.
Financial Crimes Enforcement Network
SALARIES AND EXPENSES
Appropriation, fiscal year 2013*...................... $110,788,000
Budget request, fiscal year 2014...................... 103,909,000
Recommended in the bill............................... 110,788,000
Bill compared with:
Appropriation, fiscal year 2013................... - - -
Budget request, fiscal year 2014.................. +6,879,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The Financial Crimes Enforcement Network (FinCEN) is
responsible for implementing Treasury's anti-money laundering
regulations through administration of the Bank Secrecy Act
(BSA). It also collects and analyzes information to assist in
the investigation of money laundering and other financial
crimes. FinCEN supports law enforcement investigative efforts
by Federal, State, local and international agencies, and
fosters interagency and global cooperation against domestic and
international financial crimes.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $110,788,000
for the FinCEN, which is $6,879,000 more than the request. The
recommended amount is intended to capitalize on FinCEN's multi-
year effort to modernize its information technology systems, to
ensure FinCEN's information is accessible to the law
enforcement and intelligence communities, and to ensure FinCEN
can respond to increased requests for assistance from law
enforcement now that BSA Modernization is operational. The data
compiled and analyzed by FinCEN is a critical tool for
investigating, among other crimes, money laundering, mortgage
fraud, drug cartels, and terrorist financing.
Human Trafficking.--The Committee appreciates FinCEN's
history of supporting law enforcement cases that combat human
trafficking, and emphasizes the importance of continuing this
effort as part of the bureau's broader mission to detect and
disrupt all forms of financial crime. Wherever possible, FinCEN
shall marshal its unique expertise in analyzing financial flows
for this important effort in the course of ongoing strategic
operations, such as the Southwest Border Initiative.
Reorganization.--Within 45 days of enactment of this Act,
the Committee directs FinCEN to submit a progress report on the
status of its reorganization as of the end of fiscal year 2013,
a description of the remaining milestones for fiscal year 2014,
and an assessment of how well the reorganization is addressing
the weaknesses identified in the previous organization.
Treasury Forfeiture Fund
(RESCISSION)
Appropriation, fiscal year 2013*...................... -$950,000,000
Budget request, fiscal year 2014...................... -950,000,000
Recommended in the bill............................... -1,219,000,000
Bill compared with:
Appropriation, fiscal year 2013................... -269,000,000
Budget request, fiscal year 2014.................. -269,000,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
COMMITTEE RECOMMENDATION
The Committee recommends a rescission of $1,219,000,000 of
unobligated balances in the Treasury Forfeiture Fund, which is
$269,000,000 less than the request. The funds collected,
disbursed and rescinded out of the Treasury Forfeiture Fund
(the Fund) are incidental to law enforcement activities and
priorities that led to the seizures and forfeitures. Disrupting
and dismantling criminal organizations that pose the greatest
threat to public safety and security is the highest priority of
any law enforcement agency. The Fund can ensure resources are
managed efficiently to cover the costs of an effective asset
seizure and forfeiture program, including the costs of seizing,
evaluating, inventorying, maintaining, protecting, advertising,
forfeiting and disposing of property, but it must not be used
to augment agency funding or to circumvent the appropriations
process. Reliance on the Fund to offset the day-to-day
operations, or to pay for new activities, creates an incentive
to pursue cases suspected of high valued forfeitures rather
than to target individuals or organizations that perpetrate the
worst crimes against society.
The Committee directs the Department to submit a detailed
table every month reporting the interest earned, forfeiture
revenue collected, unobligated balances, recoveries, expenses
to date, and expenses estimated for the remainder of the fiscal
year.
Bureau of the Fiscal Service
SALARIES AND EXPENSES
Appropriation, fiscal year 2013*...................... $383,440,000
Budget request, fiscal year 2014...................... 360,165,000
Recommended in the bill............................... 359,465,000
Bill compared with:
Appropriation, fiscal year 2013................... -23,975,000
Budget request, fiscal year 2014.................. -700,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB. FY13 Enacted level represents a combined appropriation level for
the Financial Management Service and the Bureau of the Public Debt.
The mission of the Bureau of the Fiscal Service is to
promote the financial integrity and operational efficiency of
the U.S. Government through accounting, borrowing, collections,
payments, and shared services. The Fiscal Service is the
Federal government's central financial agent. The Fiscal
Service also develops and implements reliable and efficient
financial methods and systems to operate the government's cash
management, credit management, and debt collection programs in
order to maintain government accounts and report on the status
of the government's finances. In addition, the Fiscal Service
is the primary agency for collecting Federal non-tax debt owed
to the government, and is responsible for the conduct of all
public debt operations and the promotion of the sale of U.S.
securities.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $359,465,000
for the Fiscal Service, which is $23,975,000 less than fiscal
year 2013 and $700,000 below the request. Of the funds
provided, $4,210,000 is available until September 30, 2016, for
information systems modernization.
The Committee appreciates the savings which the Fiscal
Service has already achieved through the sharing of certain
services between the Financial Management Service (FMS) and the
Bureau of the Public Debt (BPD). For fiscal year 2014, the
budget request proposes to consolidate the FMS and BPD into one
appropriation called the Bureau of the Fiscal Service. The
Committee approves this consolidation with the merger of the
FMS and BPD appropriations. The Committee appreciates the
future savings projected to be achieved through this
consolidation, and will continue to monitor consolidation
activities. Within this appropriation, funding is included for
USAspending.gov. The Committee expects the Fiscal Service to
meet its transparency goals within USAspending.gov and will
monitor progress in achieving government spending transparency.
Judgment Fund.--The Committee appreciates Treasury's
release of the fiscal year 2011 annual report regarding
payments made under 31 U.S.C. 1304 as required by the statement
of managers accompanying P.L. 112-74. The Committee directs the
Department to issue two additional reports covering payments
made during fiscal year 2012 and 2013 and directs that the
reports include all judgment fund payments since 2008, unless
the disclosure of such information is otherwise prohibited by
law or court order. The report shall consist of: (1) the name
of the plaintiff or claimant, (2) the name of the counsel for
the plaintiff or claimant; (3) the name of the agency that
submitted the claim; (4) a brief description of the facts that
gave rise to the claim; and (5) the amount paid representing
principal, attorney fees, and interest, if applicable. The
report regarding all judgment fund payments since 2008 is due
within 60 days of enactment of this Act.
Do Not Pay Business Center.--The Committee supports the Do
Not Pay Business Center and its goal of preventing ineligible
recipients from receiving payments or awards from the Federal
Government. This program supports the implementation of the
Improper Payments Elimination and Recovery Improvement Act of
2012 (P.L. 112-248) which requires executive agencies to review
all payments and awards before issuance. The Do Not Pay
Business Center is fully funded within the Fiscal Service
appropriation for fiscal year 2014.
Alcohol Tax and Trade Bureau
SALARIES AND EXPENSES
Appropriation, fiscal year 2013*...................... $99,878,000
Budget request, fiscal year 2014...................... 96,211,000
Recommended in the bill............................... 95,704,000
Bill compared with:
Appropriation, fiscal year 2013................... -4,174,000
Budget request, fiscal year 2014.................. -507,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The Alcohol and Tobacco Tax and Trade Bureau (TTB) is
responsible for the enforcement of laws designed to eliminate
certain illicit activities and to regulate lawful activities
relating to distilled spirits, beer, wine and nonbeverage
alcohol products, and tobacco. TTB focuses on collecting
revenue; reducing taxpayer burden and improving service while
preventing diversion; and protecting the public and preventing
consumer deception in certain regulated commodities.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $95,704,000
for TTB, which is $4,174,000 less than fiscal year 2013 and
$507,000 less than the request.
United States Mint
UNITED STATES MINT PUBLIC ENTERPRISE FUND
The United States Mint manufactures coins, receives
deposits of gold and silver bullion, and safeguards the Federal
Government's holdings of monetary metals. In 1997, Congress
established the United States Mint Public Enterprise Fund
(Public Law 104-52), which authorized the Mint to use proceeds
from the sale of coins to finance the costs of its operations
and consolidated all existing Mint accounts into a single fund.
Public Law 104-52 also provided that, in certain situations,
the levels of capital investments for circulating coins and
protective services shall factor into the decisions of the
Congress.
COMMITTEE RECOMMENDATION
The Committee recommends a spending level for capital
investments by the Mint for circulating coinage and protective
services of $19,000,000, which is $1,000,000 less than fiscal
year 2013 and the same as the request.
Community Development Financial Institutions Fund
PROGRAM ACCOUNT
Appropriation, fiscal year 2013*...................... $221,000,000
Budget request, fiscal year 2014...................... 224,936,000
Recommended in the bill............................... 221,000,000
Bill compared with:
Appropriation, fiscal year 2013................... - - -
Budget request, fiscal year 2014.................. -3,936,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The Community Development Financial Institutions (CDFI)
Fund provides grants, loans, equity investments, and technical
assistance, on a competitive basis, to new and existing CDFIs
such as community development banks, community development
credit unions, and housing and microenterprise loan funds.
Recipients use the funds to support mortgages, small business
and economic development lending in underserved and distressed
neighborhoods and to support the availability of financial
services in these neighborhoods. The CDFI Fund is also
responsible for implementation of the New Markets Tax Credits.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $221,000,000
for the CDFI Fund program, which is $3,936,000 less than the
request. Of the amounts provided, $189,000,000 is for financial
and technical assistance grants, $12,000,000 is for Native
Initiatives, and $20,000,000 is for the administrative expenses
for all programs.
Territories and Rural Communities.--The Committee notes the
lack of CDFIs serving the territories and rural communities.
The goals of the CDFI programs apply equally to distressed
communities located both near and far from financial centers.
The CDFI Fund, however, establishes goals based on the
composition of financial institutions that apply for grants and
loans in a given year, rather than the needs of the communities
in distress. Consequently, some communities in distress are not
supported by the CDFI Fund because no certified financial
institution serves that community. The Committee expects the
Department to extend the reach of CDFI programs to distressed
communities.
New Market Tax Credits.--The Committee supports qualified
minority participation in the New Market Tax Credit program to
increase entrepreneurship.
Internal Revenue Service
Selecting groups for additional review because of their
political beliefs and delaying action of their tax-exempt
application goes far beyond poor customer service. It crosses
into harassment and intimidation. Instead of using its powers
to uphold the law, the Internal Revenue Service (IRS)
repeatedly betrayed the trust of the American public: when it
used inappropriate criteria to select tax-exempt applications
for additional review; when it failed to correct testimony and
correspondence to Congress on this topic as soon as it became
evident that the record was incorrect; and when it squandered
the very tax dollars that it collects from taxpayers on videos,
event planners, and speakers.
The Committee rejects the supposition that the IRS reverted
to using shortcuts to deal with a growing workload of tax-
exempt applications and a shrinking budget. To the contrary,
these shortcuts began around March 2010 when then the number of
tax-exempt applications was falling. The number of 501(c)(3),
(4), (5), and (6) applications dropped from a record-high of
85,339 in 2008 to 63,148 in 2010, which is a decrease of 22,191
or 26 percent. Applications grew by less than 100 in the year
after the shortcuts were initiated and then increased by over
10,000 in the year the shortcuts were stopped. The IRS' fiscal
year 2010 appropriation was a record-high at $12,146,123,000
and the second consecutive year that the IRS' appropriation
exceeded its request. And with this record-high amount of
funding, the IRS indulged in a $4 million conference in
California, complete with Star Trek and dance videos,
presidential suites, and a cocktail reception, instead of
providing faster and more accurate customer service.
To ensure that the IRS changes its ways, the Committee
reduces the IRS' appropriation by 24 percent compared to the
fiscal year 2013 continuing resolution level, which is $3.9
billion, or 30 percent, below the budget request. In addition,
the bill includes the following terms and conditions:
Withholds $386,000,000 of the IRS' already reduced
enforcement appropriation until all of the recommendations
contained in the Treasury Inspector General for Tax
Administration's (TIGTA) report on inappropriate criteria being
used to identify tax-exempt applications for review are fully
implemented.
Prohibits funds for conferences until all of
TIGTA's recommendations regarding conferences are implemented.
Prohibits funds for employee bonuses and awards
until the IRS, with the assistance of the Office of Personnel
Management, has determined the IRS' employee recognition
programs actually improve employee performance and
productivity.
Requires extensive reporting on IRS spending.
Prohibits funds for the production of videos that
have not been reviewed for cost, topic, tone, and purpose and
certified to be appropriate.
Provides TIGTA with $5,462,000 above the budget
request to enhance its audit and investigative oversight of the
IRS.
The Committee is disappointed and frustrated that
information provided by the IRS is not always accurate and
reliable. The Committee believes that the legislative process
and the American public is best served by open and honest
communications between agencies and the Committee. When new
information on topics of interest to the Committee becomes
available or materially changes what the IRS has already
reported to the Committee, the IRS has a duty to take the
initiative and provide the Committee with the most current
information. The Committee believes the IRS Office of
Legislative Affairs has a responsibility to improve the
timeliness and accuracy of the information provided.
TAXPAYER SERVICES
Appropriation, fiscal year 2013*...................... $2,239,703,000
Budget request, fiscal year 2014...................... 2,412,576,000
Recommended in the bill............................... 1,900,000,000
Bill compared with:
Appropriation, fiscal year 2013................... -339,703,000
Budget request, fiscal year 2014.................. -512,576,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The Taxpayer Services appropriation provides for taxpayer
services, including forms and publications; processing tax
returns and related documents; filing and account services;
taxpayer advocacy services; and assisting taxpayers to
understand their tax obligations, correctly file their returns,
and pay taxes due in a timely manner.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $1,900,000,000
for Taxpayer Services, which is $512,576,000 less than the
request. Within the amount provided, the Committee expects the
IRS to fund sufficiently the Taxpayer Advocate Service.
Identity Theft.--Identity theft remains a persistent
obstacle to accurate, fair, and efficient tax collection.
Innocent taxpayers, who otherwise comply with their tax
obligations, have their refunds delayed and are drawn
unwittingly into the IRS examination process because their
identity was stolen and misused. This problem is especially
pernicious in the U.S. territories and possessions, where
organized schemes fraudulently use the taxpayer identification
numbers of territorial residents to obtain credits or refunds
on tax returns filed with the United States, costing American
taxpayers millions of dollars.
The Committee directs the IRS to submit a report, reviewed
by the National Taxpayer Advocate and the Federal Trade
Commission, by January 31, 2014, that covers the 2009-2013
period on the number of taxpayers who have had their tax return
rejected because their Social Security or taxpayer
identification number was improperly used by another individual
to commit tax fraud; the average time to resolve the situation
and provide innocent taxpayers with their refund, when a refund
is due; and the number of cases involving taxpayer
identification numbers of residents of the territories. The
report shall also include a discussion on the effectiveness of
IRS actions taken or plans to take to expedite resolution for
these taxpayers, to prevent non-victims from becoming victims,
to educate the public on the threat of identity theft, and to
detect and prevent identity based tax fraud and actions.
Pre-Filled or ``Simple'' Tax Returns.--The Committee
believes that converting a voluntary compliance system to a
bill presentment model would represent a significant change in
the relationship between taxpayers and their government. The
simple return model would also strain IRS resources and the
data retrieval systems required would create new burdens on
employers, particularly small businesses. In addition, a
fundamental conflict of interest seems to be inherent in the
nation's tax collector and compliance enforcer taking on the
simultaneous role of tax preparer and financial advisor. The
Committee expects that the IRS will not begin work on a simple
tax return pilot program or associated systems without first
seeking specific authorization and appropriations from
Congress, and should instead focus on helping Congress and the
Administration achieve real tax simplification and reform.
ENFORCEMENT
Appropriation, fiscal year 2013*...................... $5,299,367,000
Budget request, fiscal year 2014...................... 5,666,787,000
Recommended in the bill............................... 3,865,990,000
Bill compared with:
Appropriation, fiscal year 2013................... -1,433,377,000
Budget request, fiscal year 2014.................. -1,800,797,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The Enforcement appropriation provides for the examination
of tax returns, both domestic and international; the
administrative and judicial settlement of taxpayer appeals of
examination findings; technical rulings; monitoring employee
pension plans; determining qualifications of organizations
seeking tax-exempt status; examining tax returns of exempt
organizations; enforcing statutes relating to detection and
investigation of criminal violations of the internal revenue
laws; identifying underreporting of tax obligations; securing
unfiled tax returns; and collecting unpaid accounts.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $3,865,990,000
for Enforcement, which is $1,800,797,000 less than the request.
Of the funds provided, the Committee recommends not less than
$60,257,000 to support IRS activities under the Interagency
Crime and Drug Enforcement program. None of the funds requested
for implementation of the Patient Protection and Affordable
Care Act are provided.
Tax Enforcement Blueprint.--The Committee appreciates that
IRS has committed to conduct an agency-wide review of its
compliance processes and selection criteria across of all
business units. The Committee believes that in order to win
back the trust of the American people the IRS make the results
of this review and future reviews available to the American
public. While the IRS must not make any personal taxpayer
information or sensitive investigative techniques public, the
IRS must vividly and repeatedly demonstrate to the public that
it has safeguards in place to prevent inappropriate IRS conduct
and protect taxpayers. To that end, the IRS is directed to
submit within 180 days of enactment of this Act a Tax
Enforcement Blueprint similar to the Taxpayer Assistance
Blueprint. The Tax Enforcement Blueprint shall outline, in a
manner that is appropriate to make available publically, the
processes and procedures for all IRS enforcement activities to
ensure that safeguards are in place to prevent IRS employees in
Washington and in the field from taking inappropriate
enforcement actions. This Blueprint shall describe how field
staff conduct their work, and how field supervisors and IRS
headquarters oversee them. The IRS shall include comments from
the Taxpayer Advocate and the IRS Oversight Board without
change. The report shall be submitted to the Committee and made
available on the IRS' public website.
Healthcare.--Since 2010, the Department of Health and Human
Services has transferred nearly $500,000,000 to the IRS for
implementation of Affordable Care Act provisions. The Committee
prohibits further such transfers during fiscal year 2014 in
section 106 of this Act.
Reporting Interest Paid to Nonresident Aliens.--The
Committee strongly believes that further action and
clarification are needed regarding the Reporting Interest Paid
to Nonresident Aliens (NRA) regulations that apply to payments
of interest made after December 31, 2012. The final regulations
included a list of countries with which the U.S. has a tax
treaty or information exchange agreement. All countries on this
list qualify for automatic information reports unless the U.S.
determines that a country should not receive the information
due to concerns regarding misuse of the information or the
existence of other factors that would make it inappropriate.
While confidentiality and safeguard requirements provide a
measure of comfort, the Committee is concerned that some
countries on the list have a well-known history of human rights
violations. However unlikely the U.S. is to automatically
exchange information with these countries, U.S. financial
institutions are still required to file information returns for
NRA customers that are residents of such a country.
The Committee believes that the IRS should consider
publishing on its public website a list of countries with which
it is actively and automatically exchanging information about
interest paid to NRAs. In addition, the Committee believes that
the IRS should consider limiting the reporting requirement to
only countries it is actively and automatically exchanging
information about interest paid to NRAs. Finally, the Committee
thinks that the IRS should consider establishing a program for
monitoring the countries that it is actively and automatically
exchanging information about interest paid to NRAs for
compliance with confidentiality and safeguard requirements.
OPERATIONS SUPPORT
Appropriation, fiscal year 2013*...................... $3,947,416,000
Budget request, fiscal year 2014...................... 4,480,843,000
Recommended in the bill............................... 2,900,000,000
Bill compared with:
Appropriation, fiscal year 2013................... -1,047,416,000
Budget request, fiscal year 2014.................. -1,580,843,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The Operations Support appropriation provides for overall
planning and direction of the IRS, including shared service
support related to facilities services, rent payments,
printing, postage, and security. Specific activities include
headquarters management activities such as strategic planning,
communications and liaison, finance, human resources, Equal
Employment Opportunity and diversity, research, information
technology, and telecommunications.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $2,900,000,000
for Operations Support, which is $1,580,843,000 less than the
request. None of the funds requested for implementation of the
Patient Protection and Affordable Care Act are provided.
The Committee has made significant investments over many
years in updating the information systems at the IRS. In light
of this, the Committee is interested in actions the IRS has
taken to modernize its collection system with respect to
Schedule D filings.
BUSINESS SYSTEMS MODERNIZATION
Appropriation, fiscal year 2013*...................... $330,210,000
Budget request, fiscal year 2014...................... 300,827,000
Recommended in the bill............................... 300,000,000
Bill compared with:
Appropriation, fiscal year 2013................... -30,210,000
Budget request, fiscal year 2014.................. -827,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The Business Systems Modernization (BSM) appropriation
provides funding to modernize key business systems of the
Internal Revenue Service.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $300,000,000
for BSM, which is $827,000 less than the request.
The funds provided under this heading for both 2012 and
2013 were watershed amounts. In previous years, funding for BSM
was closer to $250 million. While the Committee understands
that IRS is building capabilities into CADE2 such as linking
historical returns with current returns and building a single
interest and penalty calculator, the major costs of development
and implementation are completed. The Committee expects funding
requests to begin to decline as the IRS realizes savings from
retiring legacy systems.
Administrative Provisions--Internal Revenue Service
(INCLUDING TRANSFER OF FUNDS)
Section 101. The Committee continues a provision that
allows for the transfer of five percent (three percent in the
case of Enforcement) of any appropriation made available to the
IRS to any other IRS appropriation, upon the advance approval
of the Committees on Appropriations.
Section 102. The Committee continues a provision that
requires the IRS to maintain a training program to include
taxpayer rights, dealing courteously with taxpayers, cross-
cultural relations, and the impartial application of tax law.
The Committee includes a new reporting requirement about IRS
training in fiscal years 2013 and 2014.
Section 103. The Committee continues a provision that
requires the IRS to institute and enforce policies and
procedures that will safeguard the confidentiality of taxpayer
information and protect taxpayers against identity theft.
Section 104. The Committee continues a provision that makes
funds available for improved facilities and increased staffing
to provide efficient and effective 1-800 number help line
service for taxpayers.
Section 105. The Committee includes a new provision that
moves the IRS's authority to hire experts and consultants into
a single IRS-wide provision.
Section 106. The Committee includes a new provision that
prohibit funds made available in the healthcare reform act from
being transferred to the IRS for implementing the healthcare
reform act.
Section 107. The Committee includes a new provision that
prohibits funds from being used to implement the individual
mandate of the Affordable Care Act.
Section 108. The Committee includes a new provision
requiring videos produced by the IRS to be approved in advance
by the Service-Wide Video Editorial Board.
Section 109. The Committee includes a new provision that
prohibits funding for employee bonus and award programs until
IRS submits a report on employee salaries and awards and an
evaluation of its employee awards program.
Section 110. The Committee includes a new provision that
prohibits funding for conferences until IRS implements
recommendations from a Treasury Inspector General for Tax
Administration audit.
Section 111. The Committee includes a new provision
requiring IRS to submit an organization, mission, and functions
manual with its budget request.
Section 112. The Committee includes a new provision
requiring IRS spending reports.
Administrative Provisions--Department of the Treasury
(INCLUDING TRANSFERS OF FUNDS)
Section 113. The Committee continues a provision that
authorizes the Department to purchase uniforms, insurance for
motor vehicles that are overseas, and motor vehicles that are
overseas without regard to the general purchase price
limitations; to enter into contracts with the State Department
for health and medical services for Treasury employees that are
overseas; and to hire experts or consultants.
Section 114. The Committee continues a provision that
authorizes transfers, up to two percent, between ``Departmental
Offices--Salaries and Expenses'', ``Office of Inspector
General'', ``Special Inspector General for the Troubled Asset
Relief Program'', ``Financial Crimes Enforcement Network'',
``Bureau of the Fiscal Service'', ``Alcohol and Tobacco Tax and
Trade Bureau'', and ``Community Development Financial
Institutions Fund'' appropriations under certain circumstances.
Section 115. The Committee continues a provision that
authorizes transfers, up to two percent, between the Internal
Revenue Service and the Treasury Inspector General for Tax
Administration under certain circumstances.
Section 116. The Committee continues a provision that
prohibits the Department of the Treasury from undertaking a
redesign of the one dollar Federal Reserve note.
Section 117. The Committee includes a provision that
provides for transfers from the Bureau of the Fiscal Service to
the Debt Collection Fund as necessary for the purposes of debt
collection.
Section 118. The Committee continues a provision that
requires congressional approval for the construction and
operation of a museum by the United States Mint.
Section 119. The Committee continues a provision
prohibiting funds in this or any other Act from being used to
merge the Mint and the Bureau of Engraving and Printing without
the approval of the House and Senate Committees of
jurisdiction.
Section 120. The Committee continues a provision deeming
that funds for the Department of the Treasury's intelligence-
related activities are specifically authorized in fiscal year
2014 until enactment of the Intelligence Authorization Act for
fiscal year 2014.
Section 121. The Committee continues a provision permitting
the Bureau of Engraving and Printing to use $5,000 from the
Industrial Revolving Fund for reception and representation
expenses.
Section 122. The Committee continues a provision that
requires the Department to submit a capital investment plan.
Section 123. The administrative expenses of the Office of
Financial Research (OFR) and Office of Financial Stability
Oversight (OFS) are funded through mandatory sources that are
outside of the appropriation process. As a counterweight
against unlimited spending, the Committee includes a new
provision that requires a quarterly report from both the OFR
and OFS.
Section 124. The Committee includes a new provision with
respect to the so-called people-to-people category of travel.
As set forth in title 31, section 515.565(b)(2) of the Code of
Federal Regulations, this category of travel contravenes the
explicit prohibition against tourist activities as provided in
section 910(b) of the Trade Sanctions Reform and Export
Enhancement Act of 2000 (TSRA). Furthermore, the stated purpose
of people-to-people travel, which is to promote the Cuban
people's independence from Cuban authorities, cannot be
accomplished through itineraries that mainly feature
interactions with representatives of a dictatorship that
actively oppresses the Cuban people, nor can it be accomplished
through itineraries that do not require meetings with pro-
democracy activists or independent members of Cuban civil
society.
Section 125. The Committee includes a new provision that
requires a report on a certain category of travel to Cuba.
Section 126. The Committee includes a new provision that
limits the fees available for obligation by the Office of
Financial Research (OFR) to the amount provided in
appropriations acts beginning in fiscal year 2015. The
Committee believes that the activities of OFR should be subject
to the annual review of Congress.
Section 127. The Committee includes a new provision that
requires a report about the Working Capital Fund.
Section 128. The Committee includes a new provision that
limits the obligations of the Working Capital Fund to
$180,000,000.
TITLE II--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO
THE PRESIDENT
Funds appropriated in this title provide for the staff and
operations of the White House, along with other organizations
within the Executive Office of the President (EOP) which
formulate and coordinate policy on behalf of the President,
such as the National Security Council and the Office of
Management and Budget. The title also includes funding for the
Office of National Drug Control Policy and certain expenses of
the Vice President.
The Committee is disappointed that the Administration's
request did not propose additional reductions for the EOP
Salaries and Expenses accounts. The Committee believes that the
chief executive of any organization experiencing a fiscal
crisis should share in the funding sacrifice along with the
rest of the organization. Therefore, the Committee has reduced
the following appropriations under this heading to equal a 15
percent reduction compared to the fiscal year 2010 level--The
White House, The Executive Residence at the White House,
Council of Economic Advisors, National Security and Homeland
Security Councils, Office of Administration, Office of
Management and Budget, Special Assistant to the President and
Official Residence of the Vice President. The Committee notes
that House Member office authorizations have been reduced by a
total of 20 percent since fiscal year 2010.
The White House
SALARIES AND EXPENSES
Appropriation, fiscal year 2013*...................... $56,974,000
Budget request, fiscal year 2014...................... 55,110,000
Recommended in the bill............................... 50,272,000
Bill compared with:
Appropriation, fiscal year 2013................... -6,702,000
Budget request, fiscal year 2014.................. -4,838,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The White House Salaries and Expenses account supports
staff and administrative services necessary for the direct
support of the President.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $50,272,000
for the White House, which is $4,838,000 less than the request.
The recommendation includes sufficient funds to support the
Office of National AIDS Policy.
Executive Residence at the White House
OPERATING EXPENSES
Appropriation, fiscal year 2013*...................... $13,425,000
Budget request, fiscal year 2014...................... 12,768,000
Recommended in the bill............................... 11,762,000
Bill compared with:
Appropriation, fiscal year 2013................... -1,663,000
Budget request, fiscal year 2014.................. -1,006,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
These funds provide for the care, maintenance, staffing and
operations of the Executive Residence, including official and
ceremonial functions of the President.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $11,762,000
for the Operating Expenses of the Executive Residence, which is
$1,006,000 less than the request. The bill continues the same
restrictions on reimbursable expenses for use of the Executive
Residence as were included in past years.
White House Repair and Restoration
Appropriation, fiscal year 2013*...................... $750,000
Budget request, fiscal year 2014...................... 750,000
Recommended in the bill............................... 750,000
Bill compared with:
Appropriation, fiscal year 2013................... - - -
Budget request, fiscal year 2014.................. - - -
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Funding in this account provides for the repair,
alteration, and improvement of the Executive Residence at the
White House.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $750,000 for
White House Repair and Restoration, which is equal to the
request.
Council of Economic Advisers
SALARIES AND EXPENSES
Appropriation, fiscal year 2013*...................... $4,192,000
Budget request, fiscal year 2014...................... 4,192,000
Recommended in the bill............................... 3,570,000
Bill compared with:
Appropriation, fiscal year 2013................... -622,000
Budget request, fiscal year 2014.................. -622,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The Council of Economic Advisers analyzes the national
economy and its various segments, advises the President on
economic developments, recommends policies for economic growth
and stability, appraises economic programs and policies of the
Federal Government, and assists in preparation of the annual
Economic Report of the President.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $3,570,000 for
the Council of Economic Advisers, which is $622,000 less than
the request.
National Security Council and Homeland Security Council
SALARIES AND EXPENSES
Appropriation, fiscal year 2013*...................... $13,048,000
Budget request, fiscal year 2014...................... 12,621,000
Recommended in the bill............................... 10,396,000
Bill compared with:
Appropriation, fiscal year 2013................... -2,652,000
Budget request, fiscal year 2014.................. -2,225,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The National Security Council and the Homeland Security
Council have been combined to form the National Security Staff
which advises and assists the President in the integration of
domestic, foreign, military, intelligence, and economic aspects
of national security policy, and serves as the principal means
of coordinating executive departments and agencies in the
development and implementation of national security and
homeland security policies.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $10,396,000
for the National Security Council and Homeland Security
Council, which is $2,225,000 less than the request.
Office of Administration
SALARIES AND EXPENSES
Appropriation, fiscal year 2013*...................... $112,952,000
Budget request, fiscal year 2014...................... 113,135,000
Recommended in the bill............................... 97,988,000
Bill compared with:
Appropriation, fiscal year 2013................... -14,964,000
Budget request, fiscal year 2014.................. -15,147,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The Office of Administration is responsible for providing
administrative services to the Executive Office of the
President. These services include financial, personnel,
procurement, information technology, records management, and
general office services.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $97,988,000
for the Office of Administration, which is $15,147,000 less
than the request. Of the recommended amount, not to exceed
$12,006,000 is available until expended for modernization of
the information technology infrastructure within the Executive
Office of the President.
The Office of Administration is directed to provide an
annual report to the Committee, at the same time the
President's budget is submitted to Congress, detailing its
progress on information technology modernization, including the
amounts obligated and expended, and for what purposes, specific
milestones achieved, and requirements and specific plans for
further investment.
Office of Management and Budget
SALARIES AND EXPENSES
Appropriation, fiscal year 2013*...................... $89,456,000
Budget request, fiscal year 2014...................... 93,397,000
Recommended in the bill............................... 78,934,000
Bill compared with:
Appropriation, fiscal year 2013................... -10,522,000
Budget request, fiscal year 2014.................. -14,463,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The Office of Management and Budget (OMB) assists the
President in the discharge of budgetary, economic, management,
and other executive responsibilities.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $78,934,000
for OMB, which is $14,463,000 less than the request. The
recommendation also continues several long-standing provisos,
not requested by the President, limiting certain OMB
activities.
The recommendation provides sufficient funds for OMB to
consult with and provide Congressional Committees with an
appropriate number of printed and electronic copies of the
President's fiscal year 2015 budget request, including
documents such as the Appendix, Historical Tables and
Analytical Perspectives. The Committee believes that if the
Administration wants the Congress to consider its proposed
budget that it should provide the Congress with copies of the
budget request.
The Committee includes language limiting the level of
funding available to OMB until the budget request is submitted.
While OMB has many responsibilities, the Committee believes
their most important one is preparing and submitting the budget
request. The Committee was extremely disappointed that the
Administration chose to submit the fiscal year 2014 budget
request months after the statutory deadline. The Committee
believes in non-transition years, the Administration should be
held to the statutory deadline for submission of the budget
request.
The Committee directs OMB to provide the Appropriations
Committees with quarterly reports on obligations by object
class and full-time equivalents (FTE) by office. The reports
shall display actual obligations and FTE to date, and estimated
obligations and FTE for the remainder of the fiscal year. In
addition, the quarterly reports shall contain obligation
information regarding the operations of the Federal
Government's core budgeting system. The Committee believes that
OMB should work toward presenting its budget request and
financial plans in a manner that allocates all OMB obligations
by office or activity.
Within the level of funds provided, the Committee continues
to support the Office of the Intellectual Property Enforcement
Coordinator (IPEC) and its important mission. The Committee
remains concerned that the lack of permanent staffing for the
Office of the IPEC will make the office less effective in
fulfilling its important statutory mission. From within the
funds provided, the Committee expects OMB to ensure the long
term effectiveness of the Office of the IPEC through hiring of
permanent senior staff. OMB is directed to report to the
Committee within 120 days of enactment of this Act on the
current budget for the Office of the IPEC, including the number
of permanent full-time equivalents.
The Committee is concerned that Federal agencies purchasing
online advertisements may unwittingly have advertisements
appear on websites operated by those engaged in criminal
activity, including sites proliferating malware, or engaged in
identity theft, theft of intellectual property or
counterfeiting. The Committee believes the OMB should review
this issue and provide guidance to Executive Branch agencies if
necessary. OMB is directed to report to the Committee, within
180 days of enactment of this Act, on its progress in
addressing this issue.
On May 11, 2012, OMB issued Memorandum M 12 12 that called
for agencies to reduce travel expenses by 30 percent compared
to the fiscal year 2010 level and limit conference spending.
The Committee directs OMB to report no later than 120 days
after enactment of this Act on whether agencies have complied
with this memorandum. The report shall identify the savings
achieved by each agency, whether the 30 percent savings goal
was achieved, and how or if the changes in travel and
conference policies have impacted agencies' ability to perform
mission critical activities. The report shall also include
recommendations to improve upon OMB's travel policies.
The Committee believes that in some instances using
transaction-based or no-cost contracting models for delivering
or procuring information technology goods and services can save
resources and increase efficiencies. The Committee believes
that OMB should provide guidance to agencies on transaction-
based and no-cost funding models, including when it is
appropriate to consider using these contract tools, how to
calculate potential savings from their use, and standards and
best practices for conducting their procurement. The Committee
directs OMB to report within 90 days after enactment of this
Act on the use of transaction-based or no-cost funding models
for procuring information technology goods and services. The
report shall include information on (a) transaction-based or
no-cost funding model use by agencies; (b) quantifiable costs
savings and cost avoidance through their use; (c) plans to
continue or expand their future use; and (d) the status of the
issuance of guidance to agencies regarding their use.
The Committee believes it is essential for Federal
departments and agencies to find and implement efficiencies in
their operations in order to be successful in setting and
meeting performance goals and reducing wasteful spending. The
Committee believes that use of successful business management
techniques including but not limited to continuous process
improvement methods can improve the utilization of resources.
The Committee encourages OMB and Federal agencies to use them.
Office of National Drug Control Policy
SALARIES AND EXPENSES
Appropriation, fiscal year 2013*...................... $24,500,000
Budget request, fiscal year 2014...................... 22,647,000
Recommended in the bill............................... 22,500,000
Bill compared with:
Appropriation, fiscal year 2013................... -2,000,000
Budget request, fiscal year 2014.................. -147,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The Office of National Drug Control Policy (ONDCP) was
established by the Anti-Drug Abuse Act of 1988 and most
recently reauthorized in 2006. The Office is the President's
primary source of support for counter-drug policy development
and program oversight. Its responsibilities include developing
and updating a National Drug Control Strategy, developing a
National Drug Control Budget, and coordinating and evaluating
the implementation of Federal drug control activities.
In addition, ONDCP manages several counter-drug programs
which are discussed under the ``Federal Drug Control Programs''
heading below. These include the High Intensity Drug
Trafficking Areas (HIDTA) program and Drug-Free Communities
grants.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $22,500,000
for ONDCP Salaries and Expenses, $147,000 less than the
request. The Committee expects ONDCP to focus resources on the
counter-drug policy development, coordination and evaluation
functions which are the primary mission of the Office and the
original reason for its existence.
The National Drug Control Strategy (Strategy) serves as a
comprehensive plan to reduce illicit drug use and its
consequences in the United States and the territories. The
Committee notes that the Strategy does not adequately address
the problem of drug trafficking and associated violence in the
territories. The Committee expects ONDCP to give appropriate
consideration to the territories in preparing future reports.
The Committee directs the Office of National Drug Control
Policy to develop a biennial Caribbean Border Counternarcotics
Strategy, on terms equivalent to the existing Southwest Border
Counternarcotics Strategy and the Northern Border
Counternarcotics Strategy. This strategy shall be publicly
available within 90 days of the date of enactment of this Act.
The Committee continues to be concerned with
methamphetamine production, trafficking and its widespread
abuse. The Committee directs ONDCP to continue to work with
various agencies, such as the Departments of Justice, State,
Homeland Security, and Health and Human Services, along with
State and local governments, to develop and implement
strategies to reduce the demand for and supply of
methamphetamine in the U.S.
A primary function of ONDCP is to facilitate effective and
efficient coordination among the Federal Government's drug
control programs. Coordination is critical to our nation's
efforts to combat illicit drug use, drug trafficking, and
terrorism. The most recent Government Accountability Office
(GAO) report on duplicative programs found a lack of
coordination between ONDCP, and the Departments of Justice and
Homeland Security. According to the report, poor coordination
has resulted in fragmentation in information-sharing,
inefficiencies and overlap. The Committee directs ONDCP to
adopt GAO's recommendations to develop a mechanism to monitor
and evaluate coordination among its field-based information-
sharing entities and identify areas where coordination can be
enhanced and overlap reduced. The Committee directs ONDCP to
report to the Committee within 60 days of enactment of this Act
on its efforts to implement GAO's recommendations and provide a
plan for enhancing coordination among ONDCP's field-based
information sharing entities going forward.
The Committee is concerned about the spread of illegal
marijuana growth in the United States and recognizes the
difficulty that small and rural law enforcement agencies face
with regards to marijuana eradication activities. The Committee
directs the Office of National Drug Control Policy to
coordinate with small and rural law enforcement agencies and
develop strategies to improve the effectiveness of marijuana
eradication efforts through shared intelligence, technology,
and manpower despite limited resources.
Starting in fiscal year 2015, the Committee directs ONDCP
to display its Salaries and Expenses appropriation to reflect
its varying activities including the amount of funds and FTE
for drug policy work and for administering ONDCP programs.
Federal Drug Control Programs
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2013*...................... $238,522,000
Budget request, fiscal year 2014...................... 193,400,000
Recommended in the bill............................... 238,522,000
Bill compared with:
Appropriation, fiscal year 2013................... - - -
Budget request, fiscal year 2014.................. +45,122,000
*Enacted level does not include the 251A sequester or Sec. 3004 OMB ATB.
The High Intensity Drug Trafficking Areas (HIDTA) Program
provides resources to Federal and State, local, and tribal
agencies in designated HIDTAs to combat the production,
transportation and distribution of illegal drugs; to seize
assets derived from drug trafficking; to address violence in
drug-plagued communities; and to disrupt the drug marketplace.
Currently, 28 HIDTAs operate in 45 States plus the District
of Columbia, Puerto Rico, and the Virgin Islands. Each HIDTA is
managed by an Executive Board comprised of equal numbers of
Federal, State, local or tribal officials. Each HIDTA Executive
Board is responsible for designing and implementing initiatives
for the specific drug trafficking threats in its region.
Intelligence and information sharing are key elements of all
HIDTA programs.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $238,522,000
for the HIDTA Program, $45,122,000 more than the request. The
Committee believes that the HIDTA program has demonstrated its
effectiveness and can serve as an important tool in combating
problems of drug trafficking and drug-related violence.
The Committee includes language requiring that existing
HIDTAs receive funding at least equal to the fiscal year 2013
base allocation level unless the Director submits a
justification for doing otherwise to the Committees on
Appropriations, based on clearly articulated priorities and
published performance measures.
The recommendation includes language directing ONDCP to
notify the Committees on Appropriations of the initial
allocation of HIDTA funds no later than 45 days after
enactment, and to notify the Committees of the proposed use of
discretionary funds no later than 90 days after enactment. The
language directs the ONDCP Director to work in consultation
with the HIDTA Directors in determining the uses of that
discretionary funding.
Finally, the Committee recommendation specifies that up to
$2,700,000 may be used for auditing services and related
activities.
OTHER FEDERAL DRUG CONTROL PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2013*...................... $105,550,000
Budget request, fiscal year 2014...................... 95,376,000
Recommended in the bill............................... 100,520,000
Bill compared with:
Appropriation, fiscal year 2013................... -5,030,000
Budget request, fiscal year 2014.................. +5,144,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
This account supports a variety of other drug control
activities managed or undertaken by ONDCP.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $100,520,000
for Other Federal Drug Control Programs, $5,144,000 more than
the request. The recommended level for fiscal year 2014 is
distributed among specific programs and activities as follows:
Drug-Free Communities................................. $88,000,000
Anti-Doping activities................................ 8,500,000
World Anti-Doping Agency dues......................... 1,900,000
Discretionary grants.................................. 2,120,000
Within the total for the account, the Committee recommends
$88,000,000 for the Drug-Free Communities program. This program
makes grants of up to $125,000 per year to support local
coalitions to develop and implement community-based plans to
reduce drug abuse among youth. These coalitions are required to
include participants from a wide range of interests, including
local government agencies, schools, the media, service
organizations, law enforcement, parents, youth, and the
business community. Local matching contributions are required.
Grants are awarded on a competitive basis, and may be renewed
for up to five years, after which time the coalition must
compete again for any further funding.
Within this account, the Committee recommends $8,500,000
for anti-doping activities. Anti-doping activities support
athlete drug testing programs, research initiatives,
educational programs, enforce compliance with the World Anti-
Doping Code. In addition, the Committee recommends $1,900,000
for the United States membership dues to the World Anti-Doping
Agency (WADA). WADA is the international agency created to
promote, coordinate, and monitor efforts against doping and
illicit drug use in sport on a global basis.
Additionally, the Committee includes $1,120,000 for drug
court training and technical assistance and $1,000,000 for
assistance to States in implementing effective drug laws. All
funds under this heading are to be awarded under a competitive
process.
Information Technology Oversight and Reform
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2013*...................... $5,000,000
Budget request, fiscal year 2014**.................... 14,000,000
Recommended in the bill............................... 5,000,000
Bill compared with:
Appropriation, fiscal year 2013................... - - -
Budget request, fiscal year 2014.................. -9,000,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
**The budget request changes the heading of this account to Data Driven
Innovation.
These funds support efforts to make the Federal
Government's investments in information technology (IT) more
efficient, secure and effective.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $5,000,000.
The Administration proposed $14,000,000 for similar activities
under the heading Data Driven Innovation. The Committee
appreciates the Administration's efforts to improve program and
contract management of information technology (IT) investments
as well as the Administration's efforts to utilize cloud
computing and consolidate data centers. However, much more
needs to be done to improve the management of the Federal
Government's annual investment in IT which exceeds
$80,000,000,000. In order to better understand the results of
the Administration's IT reform efforts and the savings
generated, bill language is continued requiring the submission
of quarterly reports on savings identified by fiscal year,
agency and appropriation. This information will not only inform
the Committee on the results of OMB's IT reforms but will also
inform the Committee's decisions on funding IT projects within
agencies across the Federal government.
Special Assistance to the President
SALARIES AND EXPENSES
Appropriation, fiscal year 2013*...................... $4,328,000
Budget request, fiscal year 2014...................... 4,328,000
Recommended in the bill............................... 3,913,000
Bill compared with:
Appropriation, fiscal year 2013................... -415,000
Budget request, fiscal year 2014.................. -415,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
These funds support the executive functions of the Office
of the Vice President.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $3,913,000 for
the Office of the Vice President, which is $415,000 less than
the request.
Official Residence of the Vice President
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2013*...................... $307,000
Budget request, fiscal year 2014...................... 307,000
Recommended in the bill............................... 281,000
Bill compared with:
Appropriation, fiscal year 2013................... -26,000
Budget request, fiscal year 2014.................. -26,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
These funds support the care and operation of the Vice
President's residence and specifically support equipment,
furnishings, dining facilities, and services required to
perform and discharge the Vice President's official duties,
functions and obligations.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $281,000 for
the Operating Expenses of the Vice President's residence, which
is $26,000 less than the request.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(INCLUDING TRANSFER OF FUNDS)
Section 201. The Committee includes language permitting the
transfer of not to exceed ten percent of funds between various
accounts within the Executive Office of the President, with
advance approval of the Committees on Appropriations. The
amount of an appropriation shall not be increased by more than
50 percent.
Section 202. The Committee continues language requiring the
Director of the Office of Management and Budget to report on
the costs of implementing the Dodd-Frank Wall Street Reform and
Consumer Protection Act (Public Law 111-203).
Section 203. The Committee includes language prohibiting
funds to prepare, sign or approve statements abrogating
legislation passed by the House of Representatives and the
Senate and signed by the President.
Section 204. The Committee includes language prohibiting
funding to prepare or implement Executive Orders in
contravention of existing law.
TITLE III--THE JUDICIARY
The funds recommended by the Committee in title III of the
accompanying bill are for the operation and maintenance of
United States Courts and include the salaries of judges,
probation and pretrial services officers, public defenders,
court clerks, law clerks, and other supporting personnel, as
well as security costs, information technology, and other
expenses of the Federal Judiciary. The Committee recommends a
total of $6,542,832,000 in discretionary funding for the
Judiciary in fiscal year 2014, which is $192,410,000 less than
the request. The Committee recognizes that the number of cases
filed and the number of persons under supervision is not under
the control of the Judiciary. However, the Committee believes
the Judiciary needs to continue its cost containment efforts
and identify ways to reduce staffing, travel, conferences,
space and other financial requirements through the use of
technology and best practices.
In addition to direct appropriations, the Judiciary
collects various fees and has certain multiyear funding
authorities. The Judiciary uses these non-appropriated funds to
offset its direct appropriation requirements. Consistent with
prior year practices and section 608 of this Act, the Committee
expects the Judiciary to submit a financial plan, within 60
days of enactment of this Act, allocating all sources of
available funds including appropriations, fee collections, and
carryover balances. This financial plan will be the baseline
for purposes of reprogramming notification.
The Committee is concerned with the cost and amount of
space occupied by the Judiciary. In spite of staffing
reductions in recent years, during fiscal year 2014 the Court
of Appeals, District Courts and Other Judicial Services,
Salaries and Expenses account is estimated to occupy an
additional 78,000 square feet. The Committee recognizes that
changes to the Judiciary's space footprint cannot be changed
overnight. However, the Committee expects the Judiciary to do
more to manage its space rental costs and has included an
administrative provision requiring the Judicial Conference of
the United States to develop a plan in fiscal year 2014 to
reduce Judiciary space by fiscal year 2016.
In addition, the Committee directs the United States Court
of Appeals for the Federal Circuit and the United States Court
of International Trade to report to the Committee within 180
days of enactment of this Act on their efforts to reduce their
facilities costs. The Committee expects these Courts to consult
with the Judicial Conference of the United States and the
General Services Administration on this effort.
Supreme Court of the United States
SALARIES AND EXPENSES
Appropriation, fiscal year 2013*...................... $74,819,000
Budget request, fiscal year 2014...................... 74,838,000
Recommended in the bill............................... 74,195,000
Bill compared with:
Appropriation, fiscal year 2013................... -624,000
Budget request, fiscal year 2014.................. -643,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $74,195,000
for fiscal year 2014 for the salaries and expenses of personnel
and the cost of operating the Supreme Court, excluding the care
of the building and grounds. The recommendation is $643,000
less than the request. The Committee includes bill language
making $1,500,000 available until expended for the purpose of
making information technology investments. The Committee
requests that the Court include an annual report with its
budget justification materials, showing information technology
carryover balances and describing expenditures made in the
previous fiscal year and planned expenditures in the budget
year.
CARE OF THE BUILDING AND GROUNDS
Appropriation, fiscal year 2013*...................... $8,159,000
Budget request, fiscal year 2014...................... 11,635,000
Recommended in the bill............................... 11,557,000
Bill compared with:
Appropriation, fiscal year 2013..................... +3,398,000
Budget request, fiscal year 2014.................... -78,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $11,557,000
for fiscal year 2014, to remain available until expended, for
personnel and other services relating to the structural and
mechanical care of the Supreme Court building and grounds. The
Architect of the Capitol has responsibility for these functions
and supervises the use of this appropriation. The
recommendation is $78,000 less than the request. Funding above
the fiscal year 2013 amount will be used to perform maintenance
and preservation of the exterior facades of the Supreme Court
Building. A significant amount of stone cracking and
deterioration of the building's facade presents a life safety
hazard to building occupants and the public.
United States Court of Appeals for the Federal Circuit
SALARIES AND EXPENSES
Appropriation, fiscal year 2013*...................... $32,511,000
Budget request, fiscal year 2014...................... 33,355,000
Recommended in the bill............................... 30,885,000
Bill compared with:
Appropriation, fiscal year 2013................... -1,626,000
Budget request, fiscal year 2014.................. -2,470,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
COMMITTEE RECOMMENDATION
The Court of Appeals for the Federal Circuit has exclusive
national jurisdiction over a large number of diverse subject
areas, including government contracts, patents, trademarks,
Federal personnel, and veterans' benefits. The Committee
recommends an appropriation of $30,885,000 for fiscal year
2014, which is $2,470,000 less than the request.
United States Court of International Trade
SALARIES AND EXPENSES
Appropriation, fiscal year 2013*...................... $21,447,000
Budget request, fiscal year 2014...................... 21,973,000
Recommended in the bill............................... 20,375,000
Bill compared with:
Appropriation, fiscal year 2013................... -1,072,000
Budget request, fiscal year 2014.................. -1,598,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
COMMITTEE RECOMMENDATION
The Court of International Trade has exclusive nationwide
jurisdiction of civil actions against the United States and
certain civil actions brought by the United States, arising out
of import transactions and administration and enforcement of
the Federal customs and international trade laws. The Committee
recommends an appropriation of $20,375,000 for fiscal year
2014, which is $1,598,000 less than the request.
Courts of Appeals, District Courts, and Other Judicial Services
SALARIES AND EXPENSES
Appropriation, fiscal year 2013*...................... $5,015,000,000
Budget request, fiscal year 2014...................... 5,170,239,000
Recommended in the bill............................... 4,999,197,000
Bill compared with:
Appropriation, fiscal year 2013................... -15,803,000
Budget request, fiscal year 2014.................. -171,042,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $4,999,197,000
for the operations of the regional courts of appeals, district
courts, bankruptcy courts, the Court of Federal Claims, and
probation and pretrial services offices. The recommendation is
$171,042,000 less than the request.
The Committee provides not to exceed $50,000,000 for cost
containment initiatives and includes language prohibiting the
obligation of funds until the Director of the Administrative
Office of the United States Courts has submitted an analysis to
the Committee outlining how the future year savings estimated
to occur as a result of each initiative will exceed the up-
front costs. The funds are provided to pay up-front costs
associated with information technology and facilities projects
that, when implemented, will reduce costs and result in lower
future funding requests. For information technology projects,
the Committee expects the analysis to include potential costs
and savings in areas such as staffing, facilities, energy,
operations and maintenance, contracting and equipment. For
facilities initiatives, the Committee expects the analysis to
outline how the project will increase space utilization rates
(the number of staff per square foot) and decrease rental
payments. The Committee expects the costs of these initiatives
to be recaptured in less than five years.
VACCINE INJURY COMPENSATION TRUST FUND
Appropriation, fiscal year 2013*...................... $5,000,000
Budget request, fiscal year 2014...................... 5,327,000
Recommended in the bill............................... 5,200,000
Bill compared with:
Appropriation, fiscal year 2013................... +200,000
Budget request, fiscal year 2014.................. -127,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
COMMITTEE RECOMMENDATION
The Committee recommends a reimbursement of $5,200,000 for
fiscal year 2014 from the Vaccine Injury Compensation Trust
Fund to cover expenses of the United States Court of Federal
Claims associated with processing cases under the National
Childhood Vaccine Injury Act of 1986. The recommendation is
$127,000 less than the request.
DEFENDER SERVICES
Appropriation, fiscal year 2013*...................... $1,040,000,000
Budget request, fiscal year 2014...................... 1,068,623,000
Recommended in the bill............................... 1,065,000,000
Bill compared with:
Appropriation, fiscal year 2013................... +25,000,000
Budget request, fiscal year 2014.................. -3,623,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
COMMITTEE RECOMMENDATION
This account provides funding for the operation of the
Federal Public Defender and Community Defender organizations
and for compensation and reimbursement of expenses of panel
attorneys appointed pursuant to the Criminal Justice Act for
representation in criminal cases. The Committee recommends an
appropriation of $1,065,000,000 for fiscal year 2014 which is
$3,623,000 less than the request. The recommendation does not
provide an increase in the hourly panel attorney pay rate.
FEES OF JURORS AND COMMISSIONERS
Appropriation, fiscal year 2013*...................... $51,908,000
Budget request, fiscal year 2014...................... 54,414,000
Recommended in the bill............................... 54,414,000
Bill compared with:
Appropriation, fiscal year 2013................... +2,506,000
Budget request, fiscal year 2014.................. - - -
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $54,414,000
for payments to jurors, which is equal to the request.
COURT SECURITY
(INCLUDING TRANSFERS OF FUNDS)
Appropriation, fiscal year 2013*...................... $500,000,000
Budget request, fiscal year 2014...................... 524,338,000
Recommended in the bill............................... 520,000,000
Bill compared with:
Appropriation, fiscal year 2013................... +20,000,000
Budget request, fiscal year 2014.................. -4,338,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $520,000,000
for Court Security in fiscal year 2014 to provide for necessary
expenses of security and protective services in courtrooms and
adjacent areas. This is $4,338,000 less than the request. The
recommendation will provide for the highest priority security
needs identified by the courts and the U.S. Marshals Service.
ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS
SALARIES AND EXPENSES
Appropriation, fiscal year 2013*...................... $82,909,000
Budget request, fiscal year 2014...................... 85,354,000
Recommended in the bill............................... 80,000,000
Bill compared with:
Appropriation, fiscal year 2013................... -2,909,000
Budget request, fiscal year 2014.................. -5,354,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
COMMITTEE RECOMMENDATION
The Administrative Office of the United States Courts (AO)
provides administrative and management support to the United
States Courts, including the probation and bankruptcy systems.
It also supports the Judicial Conference of the United States
in determining Federal Judiciary policies, in developing
methods to assist the courts to conduct business efficiently
and economically, and in enhancing the use of information
technology in the courts. The Committee recommends an
appropriation of $80,000,000 for the AO, which is $5,354,000
less than the request.
Federal Judicial Center
SALARIES AND EXPENSES
Appropriation, fiscal year 2013)*..................... $27,000,000
Budget request, fiscal year 2014...................... 27,664,000
Recommended in the bill............................... 25,785,000
Bill compared with:
Appropriation, fiscal year 2013................... -1,215,000
Budget request, fiscal year 2014.................. -1,879,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
COMMITTEE RECOMMENDATION
The Federal Judicial Center (FJC) improves the management
of Federal Judicial dockets and court administration through
education for judges and staff, and research, evaluation, and
planning assistance for the courts and the Judicial Conference.
The Committee recommends an appropriation of $25,785,000 for
the FJC for fiscal year 2014, which is $1,879,000 less than the
request.
United States Sentencing Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2013*...................... $16,500,000
Budget request, fiscal year 2014...................... 17,016,000
Recommended in the bill............................... 15,758,000
Bill compared with:
Appropriation, fiscal year 2013................... -742,000
Budget request, fiscal year 2014.................. -1,258,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
COMMITTEE RECOMMENDATION
The purpose of the Commission is to establish, review, and
revise sentencing guidelines, policies, and practices for the
Federal criminal justice system. The Commission is also
required to monitor the operation of the guidelines and to
identify and report necessary changes to the Congress. The
Committee recommends $15,758,000 for the Commission for fiscal
year 2014, which is $1,258,000 less than the request.
Administrative Provisions--The Judiciary
(INCLUDING TRANSFER OF FUNDS)
Section 301. The Committee continues language to permit
funds for salaries and expenses to be available for employment
of experts and consultant services as authorized by 5 U.S.C.
3109.
Section 302. The Committee continues language that permits
up to five percent of any appropriation made available for
fiscal year 2014 to be transferred between Judiciary
appropriations provided that no appropriation shall be
decreased by more than five percent or increased by more than
ten percent by any such transfer except in certain
circumstances. In addition, the language provides that any such
transfer shall be treated as a reprogramming of funds under
sections 604 and 608 of the accompanying bill and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in those sections.
Section 303. The Committee continues language authorizing
not to exceed $11,000 to be used for official reception and
representation expenses incurred by the Judicial Conference of
the United States.
Section 304. The Committee continues language to authorize
a court security pilot program.
Section 305. The Committee includes language requested by
the Judicial Conference of the United States to extend
temporary judgeships in the eastern district of Missouri,
Kansas, Arizona, the northern district of Alabama, the central
district of California, the southern district of Florida, New
Mexico and the eastern district of Texas.
Section 306. The Committee includes new language requiring
the Judicial Conference of the United States to develop a space
management plan to reduce the number of square feet funded by
the Courts of Appeals, District Courts, and Other Judicial
Services, Salaries and Expenses appropriation by fiscal year
2016.
TITLE IV--DISTRICT OF COLUMBIA
Federal Funds
The Appropriations Committees have a special relationship
with the District of Columbia that is unlike any other city in
the country. For example, the Appropriations Committees are
authorized by law to fund the court operations of the District
of Columbia. Title IV of this Act provides a Federal payment
totaling $546,731,000 for the cost of judges, court personnel,
offender and defendant supervision, and defendant
representation. Title IV also provides Federal Payments to
District of Columbia programs in areas such as education and
security. In addition, the United States Department of Justice
provides hundreds of United States Attorneys and Deputy United
States Marshals to prosecute local crimes and provide security
at the D.C. Superior Court. The Federal Bureau of Prisons
houses thousands of District of Columbia prisoners. Federal
taxpayers do not fund similar activities in any other city.
The citizens of the District of Columbia have approved a
referendum providing local funds budget autonomy beginning in
fiscal year 2015. The Committee considers the recent referendum
in the District as an expression of the opinion of the
residents, only, and without any authority to change or alter
the existing relationship between Federal appropriations and
the District.
FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT
Appropriation, fiscal year 2013*...................... $30,000,000
Budget request, fiscal year 2014...................... 35,000,000
Recommended in the bill............................... 15,000,000
Bill compared with:
Appropriation, fiscal year 2013................... -15,000,000
Budget request, fiscal year 2014.................. -20,000,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The Resident Tuition Support program provides up to $10,000
annually for undergraduate District students to attend eligible
four-year public universities and colleges nationwide at in-
state tuition rates. Grants up to $2,500 per year are available
for students to attend private institutions in the D.C.
metropolitan area, private historically black colleges and
universities nationwide, and public two-year community colleges
nationwide.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $15,000,000
for the resident tuition support program, which is $20,000,000
less than the request. The Administration proposed authorizing
language reducing the annual household income threshold for
program eligibility to $450,000. The Committee does not include
this language but notes that District of Columbia is already
authorized to prioritize applications based on income. In
addition, the District of Columbia can contribute local funds
to this program if there is demand for the program beyond the
available level of Federal funds.
FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS IN THE
DISTRICT OF COLUMBIA
Appropriation, fiscal year 2013*...................... $24,700,000
Budget request, fiscal year 2014...................... 14,900,000
Recommended in the bill............................... 14,900,000
Bill compared with:
Appropriation, fiscal year 2013................... -9,800,000
Budget request, fiscal year 2014.................. - - -
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
As the seat of the national government, the District of
Columbia has a unique and significant responsibility for
protecting the property and personnel of the Federal
government. The Federal Payment for Emergency Planning and
Security Costs is provided to help address the impact of the
Federal presence on public safety in the District of Columbia.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $14,900,000
for emergency planning and security costs, which is the same as
the request. The Committee continues to require that a detailed
justification be submitted with the budget request each year,
as well as a report detailing any deviation from the plan
outlined in the justification no later than 60 days after the
end of the fiscal year.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS
Appropriation, fiscal year 2013*...................... $232,841,000
Budget request, fiscal year 2014...................... 222,667,316
Recommended in the bill............................... 232,841,000
Bill compared with:
Appropriation, fiscal year 2013................... - - -
Budget request, fiscal year 2014.................. +10,173,684
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The Committee recommends a Federal payment of $232,841,000
for operation of the District of Columbia Courts, which is
$10,173,684 more than the request. This amount includes
$13,033,000 for the Court of Appeals; $113,806,000 for the
Superior Court; $69,096,000 for the Court System; and
$36,906,000 for capital improvements to courthouse facilities.
The Committee directs the District of Columbia Courts to
provide quarterly expenditures, unobligated balances and
staffing reports to the Committee for all programs, to be
submitted within 30 days after the end of each quarter.
FEDERAL PAYMENT FOR DEFENDER SERVICES IN THE DISTRICT OF COLUMBIA
COURTS
Appropriation, fiscal year 2013*...................... $55,000,000
Budget request, fiscal year 2014...................... 49,890,000
Recommended in the bill............................... 49,890,000
Bill compared with:
Appropriation, fiscal year 2013................... -5,110,000
Budget request, fiscal year 2014.................. - - -
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The Committee recommends $49,890,000 for Defender Services
in the District of Columbia Courts, which is the same as the
request. The Committee directs the District of Columbia Courts
to provide quarterly expenditure and unobligated balance
reports to the Committee, within 30 days after the end of each
quarter.
FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER SUPERVISION AGENCY
FOR THE DISTRICT OF COLUMBIA
Appropriation, fiscal year 2013*...................... $212,983,000
Budget request, fiscal year 2014...................... 227,968,000
Recommended in the bill............................... 225,000,000
Bill compared with:
Appropriation, fiscal year 2013................... +12,017,000
Budget request, fiscal year 2014.................. -2,968,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The Committee recommends a Federal payment of $225,000,000
for the Court Services and Offender Supervision Agency (CSOSA),
which is $2,968,000 less than the request. Of the amounts
provided, $166,089,000 is for Community Supervision and Sex
Offender Registration and $58,911,000 is for the Pretrial
Services Agency (PSA). The recommendation includes an increase
above the fiscal year 2013 level for costs associated with the
upcoming expiration of facility leases. The Committee includes
requested language expanding CSOSA's gratuity and gift
authority.
The Committee directs CSOSA to provide a quarterly report
on its expenditures, unobligated balances and staffing to the
Committee, to be submitted within 30 days after the end of each
quarter.
FEDERAL PAYMENT TO THE PUBLIC DEFENDER SERVICE FOR THE DISTRICT OF
COLUMBIA
Appropriation, fiscal year 2013*...................... $37,241,000
Budget request, fiscal year 2014...................... 40,607,000
Recommended in the bill............................... 39,000,000
Bill compared with:
Appropriation, fiscal year 2013................... +1,759,000
Budget request, fiscal year 2014.................. -1,607,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The Committee recommends a Federal payment of $39,000,000
for the Public Defender Service for the District of Columbia,
which is $1,607,000 less than the request. The recommended
increase above the fiscal year 2013 level is for costs
associated with the upcoming expiration of a facility lease.
The Committee includes requested language expanding the
agency's gift authority.
FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING COUNCIL
Appropriation, fiscal year 2013*...................... $1,800,000
Budget request, fiscal year 2014...................... 1,800,000
Recommended in the bill............................... 1,800,000
Bill compared with:
Appropriation, fiscal year 2013................... - - -
Budget request, fiscal year 2014.................. - - -
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The Criminal Justice Coordinating Council (CJCC) provides a
forum for District of Columbia and Federal law enforcement to
identify criminal justice issues and solutions, and improve the
coordination of their efforts. In addition, the CJCC developed
and maintains the Justice Integrated Information System which
provides for the seamless sharing of information with Federal
and local law enforcement.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $1,800,000 to
the CJCC, which is the same as the request.
FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS
Appropriation, fiscal year 2013*...................... $500,000
Budget request, fiscal year 2014...................... 500,000
Recommended in the bill............................... 500,000
Bill compared with:
Appropriation, fiscal year 2013................... - - -
Budget request, fiscal year 2014.................. - - -
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
This appropriation provides funding for the two judicial
commissions. The first is the Judicial Nomination Commission
(JNC), which recommends a panel of three candidates to the
President for each judicial vacancy in the District of Columbia
Court of Appeals and Superior Court. From the panel selected by
the JNC, the President nominates a person for each vacancy and
submits his or her name for confirmation to the Senate. The
second commission is the Commission on Judicial Disabilities
and Tenure (CJDT), which has jurisdiction over all judges of
the Court of Appeals and Superior Court to determine whether a
judge's conduct warrants disciplinary action and whether
involuntary retirement of a judge for health reasons is
warranted. In addition, the CJDT conducts evaluations of judges
seeking reappointment and judges who retire and wish to
continue service as a senior judge.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $295,000 for
the Commission on Judicial Disabilities and Tenure, and
$205,000 for the Judicial Nomination Commission. This is the
same as the request.
FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT
Appropriation, fiscal year 2013*...................... $60,000,000
Budget request, fiscal year 2014...................... 52,200,000
Recommended in the bill............................... 54,000,000
Bill compared with:
Appropriation, fiscal year 2013................... -6,000,000
Budget request, fiscal year 2014.................. +1,800,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The Scholarships for Opportunity and Results Act (SOAR)
authorizes funds to be evenly divided between District of
Columbia Public Schools, Public Charter Schools and Opportunity
Scholarships.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $54,000,000,
for school improvement. Based on the statutory funding formula,
this will provide $18,000,000 for District of Columbia Public
Schools, $18,000,000 for Public Charter Schools and $18,000,000
for Opportunity Scholarships. The Secretary of Education shall
award additional scholarships to eligible children with funds
available for the Opportunity Scholarship Program from this and
prior years.
FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA NATIONAL GUARD
Appropriation, fiscal year 2013*...................... $375,000
Budget request, fiscal year 2014...................... 500,000
Recommended in the bill............................... 375,000
Bill compared with:
Appropriation, fiscal year 2013................... - - -
Budget request, fiscal year 2014.................. -125,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $375,000,
which is $125,000 less than the request. The Committee
acknowledges the unique role of the D.C. National Guard in
addressing emergencies that may occur as a result of the
presence of the Federal Government. The Committee's
recommendation provides $375,000 for the Major General David F.
Wherley, Jr. District of Columbia National Guard Retention and
College Access Program to pay the costs of a tuition assistance
program for guard members.
FEDERAL PAYMENT FOR TESTING AND TREATMENT OF HIV/AIDS
Appropriation, fiscal year 2013*...................... $5,000,000
Budget request, fiscal year 2014...................... 5,000,000
Recommended in the bill............................... 2,500,000
Bill compared with:
Appropriation, fiscal year 2013................... -2,500,000
Budget request, fiscal year 2014.................. -2,500,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Currently, 2.7 percent of the population of the District of
Columbia has been diagnosed with HIV. The World Health
Organization defines an HIV epidemic as ``severe'' when the
percent of infection among residents exceeds one percent.
COMMITTEE RECOMMENDATION
The Committee recommendation includes $2,500,000 for a
Federal payment for testing and treatment of HIV/AIDS, which is
$2,500,000 below the request.
District of Columbia Funds
This bill provides local funds for the operation of the
District of Columbia as approved by the District of Columbia
Council and the Mayor. The local budget proposed by the Mayor
provides an appropriation of $12,074,436,000 for operations of
the District of Columbia. This amount includes estimated
funding of $6,841,664,000 of local funds, $1,920,235,000 in
Medicaid payments, and the remainder from other Federal and
local funds.
TITLE V--INDEPENDENT AGENCIES
Bureau of Consumer Financial Protection
ADMINISTRATIVE PROVISIONS
The Committee is flummoxed that after operating for three
years the Consumer Financial Protection Bureau's (CFPB) 2014
Strategic Plan, Budget, and Performance Plan and Report
provides no measurable improvement in the level of detail about
the CFPB's funding, staffing, or outcomes. This lack of
documentation makes it difficult to understand how the CFPB
spends over $2 million per workday, whether these funds are
spent economically and, ultimately, what value the CFPB
provides to American consumers.
The CFPB has oversight over a wide range of consumer
financial products. As such, the Bureau's activities have the
potential to significantly affect access to credit and the
operations of banks and non-banks. The Committees believes the
Dodd-Frank Wall Street Reform and Consumer Protection Act
provides inadequate checks on the CFPB's powers. The
Committee's experience with the Federal Trade Commission, the
Securities and Exchange Commission, the Federal Communications
Commission, the Consumer Product Safety Commission, and other
Federal agencies with powers to protect consumers or investors
leads it to conclude that a five-member commission is more
suitable for guiding the CFPB than a single director. A
commission ensures that multiple disciplines, experiences, and
perspectives are brought to bear on CFPB rules, policies, and
enforcement actions. The appointment and removal process, and
staggered terms of commissioners can provide both a check and
balance, and a measure of continuity that a director cannot.
The Committee has serious concerns about recent reports
that the Consumer Financial Protection Bureau (CFPB) is
building large databases to hold personal financial
information, including individual credit card, mortgage, car
and other payments histories, and that such information is
being stored by private contractors. The Committee notes that
the law that established the CFPB, Public Law 111-203,
expressly prohibits the gathering of ``personally
identifiable'' financial information for market monitoring
purposes.
The Committee believes that the scope of this data
gathering is growing, and that necessary congressional
oversight is warranted. Accordingly, the Committee directs the
Government Accountability Office to investigate the CFPB
personal financial information gathering initiative to
ascertain its purpose, scope and use, the legal authority (both
statutory and regulatory) under which such information is being
collected and the safeguards against disclosure and other uses
that are in-place. The Committee expects the GAO to provide its
findings to the House and Senate Committees on Appropriations,
and report back those findings within 180 days from the date of
enactment of this Act, or applicable funding legislation for
Fiscal Year 2014.
The Committee includes the following provisions in the
bill:
Section 501. The Committee repeals the prohibition against
the Committees on Appropriations reviewing transfers from the
Federal Reserve System to the CFPB. Congress has a duty to
examine and critique the activities of the CFPB, especially
since its expenditures, like any other Federal agency,
contribute to the Federal debt.
Section 502. The Committee changes the CFPB's source of
funding from transfers from the Federal Reserve System to
annual appropriations beginning in fiscal year 2015. Under the
Dodd-Frank Wall Street Reform and Consumer Protection Act, the
CFPB can spend more than half a billion dollars without an
annual review by Congress. The Committee believes the CFPB
needs oversight as much as banks and nonbanks do and further
reminds the CFPB to remain steadfast to its mission to promote
fairness and transparency for mortgages, credit cards, and
other consumer financial products and services and not to stray
into consumer advocacy.
Section 503. The Committee appreciates the CFPB's practice
of making its transfer requests to the Federal Reserve System
and the response from Federal Reserve System available on the
Bureau's public website. The Committee codifies this practice
and further requires the CFPB to notify Congress of when it
makes such a request and to describe in detail how requested
funds compare to the CFPB's budget justification.
Section 504. The Committee directs the CFPB to submit
quarterly reports on its activities and to testify on its
activities when requested. The report shall include, among
other things, how the CFPB allocates its funds and staff.
Consumer Product Safety Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2013*...................... $114,500,000
Budget request, fiscal year 2014...................... 117,000,000
Recommended in the bill............................... 114,000,000
Bill compared with:
Appropriation, fiscal year 2013................... -500,000
Budget request, fiscal year 2014.................. -3,000,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The Consumer Product Safety Act established the Consumer
Product Safety Commission (CPSC), an independent Federal
regulatory agency, to reduce the risk of injury associated with
consumer products.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $114,000,000
for the CPSC, which is $3,000,000 less than the request.
As the agency with jurisdiction over tens of thousands of
consumer products, the CPSC has the opportunity to leverage its
resources and contacts within the manufacturing industry to
help drive education campaigns related to proper use of
consumer products. Through working with industry, voluntary
recalls have been largely successful. This cooperative
relationship with industry can help save lives and CPSC
resources, which can then be devoted to product recalls and
promulgating risk-based rules.
Import Safety.--The Committee remains supportive of the
Import Safety initiative which places CPSC investigators at key
ports of entry in order to stop defective products from
entering the United States. The CPSC's coordination with U.S.
Customs and Border Patrol (CBP) is a cost effective and
efficient use of CPSC resources and enforcement capabilities.
The Committee believes resources in this area are being spent
in a targeted and effective way and expects the CPSC to
continue to devote resources to this program.
GAO Study.--The Committee has included Section 628
requiring GAO to conduct a quantitative and qualitative cost
benefit analysis of the Consumer Product Safety Improvement Act
of 2008 (CPSIA). The Committee believes the CPSIA reform bill
passed in the 112th Congress (P.L. 112-28) addressed some of
the concerns related to lead limits and onerous third-party
testing requirements, but the Committee believes the reforms
did not go far enough and that an analysis of the impact of the
CPSIA is necessary.
Pool and Spa Safety.--The Committee commends the CPSC for
continuing to provide resources for the national and grassroots
``Pool Safely'' campaign, a safety information and education
program designed to reduce child drownings and neardrowning
injuries and maintain a zero fatality rate for drain
entrapments. This multifaceted initiative includes consumer and
industry education efforts, press events, partnerships,
outreach, and advertising. The Committee provides $500,000 to
be available until expended, for the pool and spa safety grants
program established by the Virginia Graeme Baker Pool and Spa
Safety Act. The Committee encourages the CPSC to continue its
pool and spa safety education campaign.
Window Coverings.--The Committee supports the cooperative
efforts of the CPSC and window coverings industry to educate
consumers on window covering safety. The Committee encourages
CPSC to continue to partner with the Window Covering Safety
Council (WCSC) or industry in the national consumer education
safety campaign.
Election Assistance Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2013*...................... $11,500,000
Budget request, fiscal year 2014...................... 11,060,000
Recommended in the bill............................... - - -
Bill compared with:
Appropriation, fiscal year 2013................... -11,500,000
Budget request, fiscal year 2014.................. -11,063,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The Election Assistance Commission (EAC) was established by
the Help America Vote Act of 2002 (HAVA) and is charged with
implementing provisions of that Act relating to the reform of
Federal election administration.
COMMITTEE RECOMMENDATION
The Committee strongly supports the successful
administration of Federal elections and Help America Vote Act
(HAVA) of 2002. However, the Committee believes the EAC is no
longer effectively carrying out its mandate and should be
eliminated. At present, all statutorily mandated positions are
vacant and the agency has been operating without legislative
authorization since 2005. The EAC has been unable to finalize
rules approving new standards that were due at the end of 2010,
and it has been unable to hold hearings or rule on appeals. All
of the funds appropriated for HAVA grants have been distributed
to the States, and for three years the Administration has not
requested additional grant funding. Without HAVA grants to
distribute, the work of the EAC consists of auditing HAVA grant
money previously distributed, a task carried out by the EAC
Inspector General, and examining new voting technologies, a
task largely performed by the National Institute of Standards
and Technology.
In February 2013, rather than turn to the EAC, the
President chose to form a new ad hoc commission to review and
propose best practices related to concerns from the 2012
election regarding polling place wait times, and military and
oversees voting. This decision highlights the lack of
confidence the Administration has in this agency.
This Committee is not advocating doing away with the
changes made to voting law in HAVA. Rather, the Committee
believes these laws should be carried out by another agency
better equipped to carry out these functions: the Federal
Election Commission (FEC). The Committee supports legislation
that has been introduced in the 113th Congress, and passed in
the previous Congress, to terminate the EAC and transfer its
authority and functions to the FEC. The EAC has been unable to
attend to its congressionally mandated duties for over a year
and no longer has a purpose. Especially during a time of fiscal
constraint, this Committee can see no way to justify spending
any additional taxpayer money on a non-functioning agency.
Federal Communications Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2013*...................... $339,844,000
Budget request, fiscal year 2014...................... 359,299,000
Recommended in the bill............................... 320,000,000
Bill compared with:
Appropriation, fiscal year 2013................... -19,844,000
Budget request, fiscal year 2014.................. -39,299,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The mission of the Federal Communications Commission (FCC)
is to implement the Communications Act of 1934 and assure the
availability of high quality communications services for all
Americans.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $320,000,000
for the Salaries and Expenses of the FCC for fiscal year 2014,
all of which is to be derived from offsetting collections. This
is $39,299,000 less than the request.
The Committee recommendation includes bill language,
similar to language included in previous Appropriations Acts,
which allows: (1) up to $4,000 for official reception and
representation expenses; (2) purchase and hire of motor
vehicles; (3) special counsel fees; (4) collection of
$320,000,000 in section 9 fees; (5) a prohibition on amounts
collected in excess of $320,000,000 from being available for
obligation; (6) a prohibition on remaining offsetting
collections from prior years from being available for
obligation; and (7) a cap of $89,400,000 for the administration
and implementation of incentive auctions, as required by P.L.
112-96, and (8) provides not less than $11,090,000 for the
Office of the Inspector General.
Organizational Structure.--The Committee believes the
current organizational and management structure of the
Commission does not reflect the technological development that
has resulted in the convergence of today's telecommunications
market. The increase in market-based competition should result
in a smaller Commission with fewer staff. While the Commission
is to be commended for its decision to establish a Technology
Transition Task Force, its formation and membership affirms the
Committee's view that the agency must organize itself to better
reflect today's competitive environment. In order to address
these issues, the Committee directs the Commission to submit a
review of the current FCC organizational structure as well as a
proposal for improvement that reflects today's technology
landscape and competitive marketplace. This review should be
submitted to the House and Senate Committees on Appropriations
within 180 days of enactment of this Act.
Improved Economic Analysis and Staffing.--The Committee is
concerned that the Commission has too many administrative staff
and believes the FCC should improve efficiency by focusing
their hiring on essential staff. In a time of budget
constraints, the Commission should be prioritizing mission-
critical staffing positions within, for instance, the Office of
Engineering and Technology, not within the General Counsel's
office, the Office of the Managing Director, or administrative
staff across the agency. In addition, the Committee believes
the Commission should take seriously the use of its economists.
More cost-benefit analysis of Commission rules can help ensure
the Commission is promoting, not stifling, innovation and
investment in the sectors over which it regulates.
Auction Administration.--The Committee has been supportive
of the FCC's administration of incentive auctions, as required
by P.L. 112-96, and recognizes the substantial work associated
with the implementation of these auctions. The Committee
appreciates the Commission including a separate budget page
related to auction administration in their Congressional Budget
Justification for fiscal year 2014; however, the Committee
believes greater budget transparency is needed in order to
better understand how the use of these revenues fits into the
Commission's overall budget request. The Committee directs the
Commission to provide within 30 days of enactment to the
Committees on Appropriations in the House and Senate, and
thereafter annually in its annual budget submission, a detailed
justification as to how the Commission intends to spend these
funds, including FTE levels and programmatic initiatives. In
addition, the Committee directs the Commission to make its
related annual detailed report on its use of auction funds
publically available on its website.
Rulemaking.--The Committee is concerned that the
Commission's rulemaking process is unnecessarily opaque and
lacks participation by outside stakeholders and the public. The
agency's methodology has been questioned regarding the
Commission's determination of the costs and benefits of
proposed rules. The Committee strongly encourages the
Commission improve and make more transparent its use of cost-
benefit analysis and to continue to review provisions within
their jurisdiction to identify and remove outdated and onerous
regulations.
Regulatory Fees.--The offsetting collections are provided
to the FCC to recover the costs of its regulatory activities
including enforcement activities, policy and rulemaking
activities, user information services, and international
activities as provided for in Section 9 of the Communications
Act. The Committee understands that despite the dramatic
changes that have occurred in the communications marketplace,
the methodology the FCC currently uses to derive its regulatory
fees is essentially the same as the one developed in 1994. The
Committee notes that there is longstanding broad and bipartisan
support among Commissioners to update this methodology and is
pleased the FCC recently issued a Notice of Proposed Rulemaking
to address this issue. The Committee encourages the Commission
to issue a Final Rule in time for next year's payments by
regulated entities.
Call Completion.--Voice calls in rural areas not completing
poses a public safety risk and negatively affects rural
businesses and consumers. The Committee recommends that the
FCC, upon receiving public comments on its Notice of Proposed
Rulemaking in WC Docket No. 13-39, expeditiously issue a Final
Rule addressing the problems regarding rural call completion.
Broadband Access.--The Committee is concerned about the
disparity in access to broadband between the territories and
the 50 states. The Committee encourages the Commission to
implement policies that increase broadband accessibility and
adoption in the territories.
U.S. Satellite Interests.--The Committee is concerned about
the satellite coordination dispute between the U.S. and Russia
regarding areas serving critical regions of North and South
America, Europe, the Middle East, and Africa. Because of the
unique circumstances of this dispute, the Committee believes
the Commission should lay out the specific steps it is taking
to resolve this matter in a manner which protects U.S. rights
and interests. The Committee will continue to actively monitor
this issue and expects the Commission to update the Committees
on Appropriations of the House and Senate, the House Committee
on Energy and Commerce, and the Senate Committee on Commerce,
Science, and Transportation on any developments related to this
issue.
Federal Deposit Insurance Corporation
OFFICE OF THE INSPECTOR GENERAL
Appropriation, fiscal year 2013*...................... $34,568,000
Budget request, fiscal year 2014...................... 34,568,000
Recommended in the bill............................... 34,568,000
Bill compared with:
Appropriation, fiscal year 2013................... - - -
Budget request, fiscal year 2014.................. - - -
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Funding for the Office of the Inspector General (OIG) at
the Federal Deposit Insurance Corporation (FDIC) is provided
pursuant to 31 U.S.C. 1105(a)(25), which requires a separate
appropriation account for appropriations for each Office of
Inspector General established under section 11(2) of the
Inspector General Act of 1978.
COMMITTEE RECOMMENDATION
The Committee recommends $34,568,000 from the Deposit
Insurance Fund and the Federal Savings and Loan Insurance
Corporation (FSLIC) Resolution Fund to finance the OIG for
fiscal year 2014, which is the same as fiscal year 2013 and the
request.
Federal Election Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2013*...................... $66,367,000
Budget request, fiscal year 2014...................... 65,791,000
Recommended in the bill............................... 65,791,000
Bill compared with:
Appropriation, fiscal year 2013................... -576,000
Budget request, fiscal year 2014.................. - - -
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The Federal Election Commission (FEC) administers the
disclosure of campaign finance information, enforces
limitations on contributions and expenditures, and performs
other tasks related to Federal elections.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $65,791,000
for the Salaries and Expenses of the FEC for fiscal year 2014,
which is $576,000 less than fiscal year 2013 and the same as
the request.
Federal Labor Relations Authority
SALARIES AND EXPENSES
Appropriation, fiscal year 2013*...................... $24,723,000
Budget request, fiscal year 2014...................... 25,490,000
Recommended in the bill............................... 24,000,000
Bill compared with:
Appropriation, fiscal year 2013................... -723,000
Budget request, fiscal year 2014.................. -1,490,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Established by title VII of the Civil Service Reform Act of
1978, the Federal Labor Relations Authority (FLRA) serves as a
neutral arbiter in the labor activities of non-postal Federal
employees, Departments and agencies, and Federal unions on
matters outlined in the Act, including collective bargaining
and the settlement of disputes. Establishment of the FLRA gives
full recognition to the role of the Federal Government as an
employer. Under the Foreign Service Act of 1980, the FLRA also
addresses similar issues affecting Foreign Service personnel by
providing full staff support for the Foreign Service Impasse
Disputes Panel and the Foreign Service Labor Relations Board.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $24,000,000
for the FLRA, which is $1,490,000 less than the request.
Federal Trade Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2013*...................... $311,563,000
Budget request, fiscal year 2014...................... 301,000,000
Recommended in the bill............................... 295,000,000
Bill compared with:
Appropriation, fiscal year 2013................... -16,563,000
Budget request, fiscal year 2014.................. -6,000,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The mission of the Federal Trade Commission (FTC) is to
enforce a variety of Federal antitrust and consumer protection
laws. Appropriations for both the Antitrust Division of the
Department of Justice and the Commission are partially financed
by Hart-Scott-Rodino Act pre-merger filing fees. The
Commission's appropriation is also partially offset by Do-Not-
Call registry fees.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $295,000,000
for the Salaries and Expenses of the FTC for fiscal year 2014,
which is $16,563,000 less than fiscal year 2013 and $6,000,000
less than the request. The Congressional Budget Office
estimates $103,300,000 of collections from Hart-Scott-Rodino
premerger filing fees and $15,000,000 of collections from Do-
Not-Call list fees will partially offset the appropriation
requirement for this account.
Agency Overlap.--The creation of the Bureau of Consumer
Financial Protection (CFPB) transferred some areas of consumer
protection jurisdiction that were once the sole purview of the
FTC to the CFPB. The Committee is aware of the Memorandum of
Understanding signed by both the CFPB and the FTC and
understands that the agencies consult on areas of common
jurisdiction, such as debt collection. The Committee intends to
continue to monitor this issue as duplicative efforts in
regulatory rulemaking are unhelpful to agency budgets and could
place unnecessary burdens on businesses, the economy, and the
American taxpayer. The Committee expects the FTC to continue to
ensure duplicative efforts on rulemakings are avoided before
agency resources are wasted.
General Services Administration
The Committee appreciates the General Services
Administration's (GSA) renewed commitment to economy and
ethics, subsequent to the Inspector General's (IG) management
deficiency report (April 2, 2012) on the wasteful spending and
outrageous behavior at the 2010 Western Regions Conference. GSA
has since installed new leadership, whose goal is to rebuild a
more humble and successful agency. However, the Committee
believes that GSA will benefit from continued Congressional
oversight to ensure the changes being put in place today are
both effective and long-lasting. To that end, the Committee has
restructured several of GSA's appropriations accounts to
separate administrative funds from program funds. The mind
reader, bicycles, and commemorative tokens at 2010 Western
Regions Conference were financed out of the same appropriation
made available to repair roofs and windows, to provide heating
and air conditioning, and to provide building security. The
Committee also divides the Operating Expenses appropriation
into the three separate appropriations--Real and Personal
Property Management Disposal, the Office of the Administrator,
and the Civilian Board of Contract Appeals--because of the
separate and unrelated nature of these activities.
GSA, like many agencies, has a Working Capital Fund (WCF)
to purchase and provide administrative services for its various
offices. The Committee believes that when governed in a open
and transparent manner to the benefit of its clients, a WCF
reduces costs by using economies of scale. Over time, however,
GSA's WCF has grown from providing bland commodities, such as
printing, that are easy to measure on a per unit basis to
include offices that provide program direction and policy
coordination that are inherently difficult to measure. The
amount of staff and dollars that roll in and out of the WCF has
grown commensurate with these changes. Since these funds are
outside of the Congressional review process, the Committee
introduces language limiting the amount of funds that GSA can
obligate from the WCF and asks for additional reports.
The Committee also includes language requiring GSA to
report to the Congress when it uses its taking and exchange
authorities. The Committee appreciates that GSA is taking
advantage its authorities to dispose of properties that no
longer meet the needs of Federal agencies in exchange for
assets of like value. The Committee believes that exchanges can
be used to reduce the cost to taxpayers. However, the most
valuable exchanges will inevitably involve very complex, multi-
year, multi-party, multi-billion dollar contracts with
covenants and contingencies--the only thing harder than
negotiating an exchange is enforcing an exchange contract. The
Committee's desire to be watchful and informed of these
activities has resulted in the inclusion of language requiring
GSA to regularly and routinely inform the Congress about its
plans to exercise this authority.
The Committee also wants to better understand both GSA's
and the Federal government's inventory of properties.
Therefore, the Committee requires GSA to provide additional
data on its leased and owned portfolios and the costs
associated with maintaining this portfolio and to release long
overdue Federal Real Property Profile summaries to the public.
Last year, the GSA IG found abuse in a GSA Hats Off awards
program. This year, GSA IG issued a report (GSA Practices for
Executive Performance Recognition and Awards, JEF12-017-000)
that identified ``a willingness by GSA to violate legal
requirements that resulted in an opaque evaluation and awards
system, with a manufactured process that failed to protect the
rights of [Senior Executive Service] members, made review of
the validity of individual awards impossible, and impeded
review of the overall program'' for the 2009-2011 period. The
Committee is concerned that questionable bonuses and awards
were not limited to a specific bureau in a specific region, but
seem susceptible to abuse up and down the chain of command
across the agency. To that end, the Committee includes language
prohibiting funds for additional bonuses and awards until a
comprehensive review of the employee award system is completed.
While the Committee appreciates that the process for
reviewing and organizing conferences has changed, the Committee
wants to better understand the overlap between conferences and
training, but more importantly, the substance and effectiveness
of GSA's employee training program. The Committee includes a
provision requiring additional information on GSA's training
activities.
The Committee appreciates GSA's efforts to correct its
failures and be of use, rather an embarrassment, to other
Federal agencies. The Committee includes the language described
above to help GSA prove to the Congress and American people
that truly has reformed and to steer GSA towards becoming a
model Federal agency.
REAL PROPERTY ACTIVITIES
FEDERAL BUILDINGS FUND
LIMITATIONS ON AVAILABILITY OF REVENUE
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2013...... $8,017,967,000
Limitation on availability, budget estimate, 9,950,560,000
fiscal year 2014.....................................
Recommended in the bill........................... 7,541,470,000
Bill compared with:
Availability limitation, fiscal year 2013......... -476,497,000
Availability limitation, fiscal year 2014 request. -2,409,090,000
The Federal Buildings Fund (FBF) finances the activities of
the Public Buildings Service (PBS), which provides space and
services for Federal agencies in a relationship similar to that
of landlord and tenant. The FBF, established in 1975, replaces
direct appropriations by using income derived from rent
assessments, which approximate commercial rates for comparable
space and services. The Committee makes funds available through
a process of placing limitations on obligations from the FBF as
a way of allocating funds for various FBF activities.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation on the availability
of funds of $7,541,470,000 for the FBF, which is $2,409,090,000
less than the request.
To carry out the purposes of the FBF, the revenues and
collections deposited into the FBF shall be available for
necessary expenses in the aggregate amount of $7,541,470,000 of
which: $635,000,000 is for capital projects, $106,470,000 is
for installment acquisition payments (including payments on
purchase contracts), $4,700,000,000 is for rental of space,
$1,100,000,000 is for building operations and maintenance, and
$1,000,000,000 is for Public Buildings Service, Salaries and
Expenses.
Historically prior to obligating funding for prospectus
level construction, alterations or leases, the Administration
has waited for the project to be authorized through a
resolution approved by the Committee on Transportation and
Infrastructure in the House and the Committee on Environment
and Public Works in the Senate as required by title 40 of the
United States Code and in accordance with the proviso included
in the Federal Buildings Fund appropriations limiting the
obligation of funds to prospectus-level projects approved by
the authorizing committees. The Committee supports this process
and believes that prospectus level projects warrant a thorough
review from both the Appropriations Committee and the
authorizing committee. The Committee expects the Administration
to continue to follow this process.
CAPITAL PROJECTS
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2013* **.. $330,000,000
Limitation on availability, budget estimate, 2,118,549,000
fiscal year 2014**...................................
Recommended in the bill........................... 635,000,000
Bill compared with:
Availability limitation, fiscal year 2013......... +305,000,000
Availability limitation, fiscal year 2014 request. -1,483,549,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
**Funding for this some of this activity was previously provided and
funded under the ``Construction and Acquisition'' and ``Repairs and
Alterations'' headings, which the recommendation proposes to
eliminate.
Capital projects are the project cost of design,
construction, and management and inspection costs of new
Federal facilities; the repair, alteration, and modernization
of existing real estate assets; and the acquisition of land and
buildings that exceed the prospectus threshold.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $635,000,000 for
capital projects, which is $1,483,549,000 less than the
request. Funding for projects that exceed the prospectus
threshold were previously provided under the headings
``Construction and Acquisition'' and ``Repairs and
Alterations''. For 2014, the Committee recommends eliminating
these headings and instead provides funding for both of these
types of projects in amounts specific to the priorities of the
Judiciary, Federal Bureau of Investigation, and the Public
Buildings Service. With limited available funding, agencies are
expected to prioritize their capital needs between construction
of new facilities and major repair and alterations of existing
facilities. Therefore, the Committee has combined funds for new
construction and major repairs and alterations into one account
that is available for the agencies' highest priority capital
needs. The number of projects proposed in the budget request
for the Federal Judiciary and the Federal Bureau of
Investigation exceed that of other agencies. Therefore, the
Committee has designated funds to meet the highest priorities
needs of these agencies.
Judiciary.--The Committee recommends $100,000,000 for the
construction, acquisition, repair, alteration, and security
projects for the Judiciary as prioritized by the Judicial
Conference of the United States. The Administration requested
$285,600,000 for 14 alternations and acquisition projects. The
Judicial Conference requested $306,400,000 for four
construction projects. The funds provided are less 20 percent
of the identified capital need. The Judicial Conference of the
United States shall prioritize these funds to address the
highest capital needs.
Federal Bureau of Investigation.--The Committee recommends
$125,000,000 for the projects included in the budget request
for the construction, acquisition, repair, and alteration
projects for the Federal Bureau of Investigation (FBI) as
prioritized by the Director. The Administration requested
$260,657,000 for five alterations and construction projects.
The FBI shall fund its highest identified capital needs from
these funds.
Public Buildings Service.--The Committee recommends
$50,000,000 for the projects included in the budget request for
the construction, acquisition, repair, and alteration projects
as prioritized by the Public Buildings Service Commissioner,
which is $1,520,014,000 less than the request of $1,570,014,000
for 36 such projects, including those for the Judiciary and
FBI.
Consolidation Activities.--The Committee recommends
$100,000,000 for the cost of consolidating space, which is
equal to the request. Given the reduction in the Federal
workforce and Federal agency budgets, the Committee believes
that it is prudent to reduce the GSA building inventory,
particularly with regard to the thousands of surplus and
underutilized buildings. The Committee appreciates the
Administration's commitment to ``freeze the footprint'' of the
Federal government (OMB management procedures memorandum 2013-
02) by prohibiting increases in the total square footage of
domestic offices and warehouses.
The Committee gives preference to projects that achieve an
``all-in'' utilization rate of 170 usable square feet or less
per person. The ``all-in'' utilization rate is determined by
dividing the total usable square footage by the number of
personnel in a building.
Basic Repairs and Alternations.--The Committee recommends
$260,000,000 for basic repairs and alterations, which is
$118,535,000 less than the request. Basic repairs and
alterations are non-recurring repairs and alterations projects
between $10,000 and the current prospectus threshold of
$2,850,000.
Ports of Entry.--With the proper safeguards, a partnership
among the General Services Administration, the Department of
Homeland Security, local governments, and the private sector
could enhance infrastructure around critical land ports,
seaports, and airports. Conceptually, these partnerships could
help facilitate trade and travel while making ports both secure
and efficient. The Committee supports exploring this concept to
work in the best interest of the American taxpayer.
INSTALLMENT ACQUISITION PAYMENTS
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2013*..... $126,801,000
Limitation on availability, budget estimate, 113,470,000
fiscal year 2014.....................................
Recommended in the bill........................... 106,470,000
Bill compared with:
Availability limitation, fiscal year 2013......... -20,331,000
Availability limitation, fiscal year 2014 request. -7,000,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The installment acquisition payments are interest payments
to the Federal Financing Bank for facilities constructed under
the Public Building Amendment of 1972 and lease-purchase
agreements since 1987, consisting of a total of 80 projects.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $106,470,000 for
installation acquisition payments, which is $7,000,000 less
than the request. The Full-Year Continuing Appropriations Act
of 2013 (P.L. 113-6) provided $7,043,870 more than required in
fiscal year 2013 for this activity. The Committee assumes these
unobligated funds are available for this activity in fiscal
year 2014. No personnel are funded in this account.
RENTAL OF SPACE
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2013*..... $5,210,198,000
Limitation on availability, budget estimate, 5,387,109,000
fiscal year 2014.....................................
Recommended in the bill........................... 4,700,000,000
Bill compared with:
Availability limitation, fiscal year 2013......... -510,198,000
Availability limitation, fiscal year 2014 request. -687,109,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The rental of space program funds lease payments made to
privately-owned buildings, temporary space for Federal
employees during major repair and alteration projects, and
relocations from Federal buildings due to forced moves and
relocations as a result of health and safety conditions.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $4,700,000,000 for
rental of space, which is $687,109,000 less the request. No
personnel are funded in this account.
BUILDING OPERATIONS AND MAINTENANCE
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2013* **.. - - -
Limitation on availability, budget estimate, $1,158,869,000
fiscal year 2014**...................................
Recommended in the bill........................... 1,100,000,000
Bill compared with:
Availability limitation, fiscal year 2013......... +1,158,869,000
Availability limitation, fiscal year 2014 request. -58,869,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
**Funding for this activity was previously provided and requested under
the ``Building Operations'' heading, which the recommendation proposes
to eliminate.
The building operations and maintenance program funds
services that Federal agencies in GSA-owned buildings and
occasionally in GSA-leased buildings, when not provided by the
lessor, directly benefit from such as building security,
cleaning, utilities, window washing, snow removal, pest
control, and maintenance of heating, air conditioning,
ventilating, plumbing, sewage, electrical, elevator, escalator,
and fire protection systems.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $1,100,000,000 for
Building Operations and Maintenance, which is $58,869,000 less
than the request. No personnel are funded in this account.
PUBLIC BUILDINGS SERVICE
SALARIES AND EXPENSES
Limitation on availability, fiscal year 2013* **...... - - -
Limitation on availability, budget estimate, fiscal $1,172,563,000
year 2014**..........................................
Recommended in the bill............................... 1,000,000,000
Bill compared with:
Availability limitation, fiscal year 2013......... +1,172,563,000
Availability limitation, fiscal year 2014 request. -172,563,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
**Funding for this activity was previously provided and requested under
the ``Building Operations'' heading, which the recommendation proposes
to eliminate.
The Public Buildings Service (PBS) Salaries and Expenses
account funds all the personnel and administrative expenses for
carrying out construction and acquisition, repair and
alteration, and leasing activities. The project or program
costs of these activities are funded separately.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $1,000,000,000 for
Public Buildings Service (PBS) Salaries and Expenses, which is
$172,563,000 less than the request.
GENERAL ACTIVITIES
GOVERNMENT-WIDE POLICY
Appropriation, fiscal year 2013*...................... $61,115,000
Budget request, fiscal year 2014...................... 62,548,000
Recommended in the bill............................... 53,000,000
Bill compared with:
Appropriation, fiscal year 2013................... -8,115,000
Budget request, fiscal year 2014.................. -9,548,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The Office of Government-Wide Policy provides Federal
agencies with guidelines, best practices, and performance
measures for complying with all the laws, regulations, and
executive orders related to: acquisition and procurement,
personal and real property management, travel and
transportation management, electronic customer service
delivery, and use of Federal advisory committees.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $53,000,000,
which is $9,548,000 less than the request. None of the funds
for the Office are available for acquisition-related systems
that collect information about campaign contributions. In
combination with section 516, the Committee requires the public
release of the Federal Real Property Reports for 2011-2013.
Green Buildings.--The Committee shares the GSA's goal of
reducing building expenses through the efficient use of energy
and water. The Committee is concerned, however, that GSA's
current green building policies and practices are tailored to
reflect the standards of a specific third-party certification
system rather than the public interest in greater energy and
water efficiency. All agencies should be wary of becoming
captured; no third-party certification program has a monopoly
on how to attain efficiency, much less sustainability. For
example, efficiency and sustainability can be achieved not just
through the design of buildings or major renovations and the
selection of materials, but also through proper building
maintenance and usage, building codes, energy codes, energy
efficiency rating systems, or a combination thereof. The
Committee encourages GSA to take a comprehensive and science-
based approach to the certification of green buildings,
recognizing there are the multiple means to the same end.
Greening projects for Federal buildings should not be
undertaken unless GSA can clearly justify that the additional
expenses will be more than offset by a reduction in subsequent
operating expenses as a result of the project. The Committee
directs GSA to report by March 14, 2014, on how it measures and
monitors building operations costs; how it divides these costs
among tenant agencies; and how it can give tenant agencies a
greater ability to affect their consumption, and therefore,
their cost of building services.
Under the Federal Buildings Fund, language is included to
prohibit funds to implement or use green building standards
that are not voluntary consensus standards as defined by Office
of Management and Budget Circular A-119.
GSA contracting issues.--The Committee appreciates the
Federal Acquisition Regulations (FAR) Council publication of a
list of untimely contractors pursuant to section 1334 of the
Small Business Jobs Act of 2010. While this publication is a
step in the right direction, the Committee remains concerned
about untimely payments between prime contractors and
subcontractors. Small businesses are often subcontractors and
late payments from prime contractors create serious cash flow
management problems for these small businesses. The Committee
expects contracting officers for members of the FAR Council, to
consider the unjustified failure by a prime contractor to make
a full or timely payment to a subcontractor in evaluating the
performance of the prime contractor. Additionally, the
Committee strongly encourages GSA to make publically available
the list of untimely contractors through the Federal Awardee
Performance and Integrity Information System as specified in
section 1334 of the Small Business Jobs Act of 2010.
REAL AND PERSONAL PROPERTY MANAGEMENT DISPOSAL
Appropriation, fiscal year 2013* **................... $30,024,000
Budget request, fiscal year 2014**.................... 28,030,000
Recommended in the bill............................... 28,000,000
Bill compared with:
Appropriation, fiscal year 2013................... -2,024,000
Budget request, fiscal year 2014.................. -30,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
**Funding for this activity was previously provided and requested under
the ``Operating Expenses'' heading, which the recommendation proposes
to eliminate.
The account funds the Personal Property Utilization and
Donation program, which transfers personal property no longer
needed by a Federal agency to other Federal agencies, State and
local governments, and nonprofit organizations. The account
also funds the Office of Real Property Utilization and
Disposal, which transfers or sells unneeded property assets to
benefit the Federal government and surrounding communities.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $28,000,000
for Real and Personal Property Management Disposal, which is
$30,000 less than the request. Funding for these activities was
previously provided and requested within the Operating Expenses
heading, which the recommendation proposes to eliminate in
order to separate administrative from program expenses.
Property Disposal.--Within 60 days of enactment of this
Act, the Commissioner of the Public Buildings Service shall
submit a report to the Committee on Appropriations of the House
of Representatives and Senate on disposal of real property
activities, including exchanges, for fiscal year 2013. In a
searchable, electronic format, the report shall identify by
address the property by date on which it entered the excess,
transfer, surplus, conveyance, negotiated sale, public sale,
and sold stage of the disposal process, including the size,
annual cost of operating and maintaining the property while it
is in the disposal process, and sale proceeds. If the property
is sold for services instead of cash, the report will include a
description of service, period of time for which the service is
provided, and the agreed upon value of the service. In fiscal
year 2014, every 30 days after the end of a quarter, the
Commissioner will provide an update of this same activity.
OFFICE OF THE ADMINISTRATOR
Appropriation, fiscal year 2013* **................... $29,955,000
Budget request, fiscal year 2014**.................... 27,378,000
Recommended in the bill............................... 26,500,000
Bill compared with:
Appropriation, fiscal year 2013................... -3,455,000
Budget request, fiscal year 2014.................. -878,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
**Funding for this activity was previously provided and requested under
the ``Operating Expenses'' heading, which the recommendation proposes
to eliminate.
The Office of the Administrator account funds GSA's
executive leadership offices: the Administrator; the Regional
Administrators; the Office of Congressional and
Intergovernmental Affairs; the Office of Emergency Response and
Recovery; and the Office of Communications and Marketing.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $26,500,000 to
the Office of the Administrator, which is $878,000 less than
the request. Funding for these activities was previously
provided and requested within the Operating Expenses heading,
which the recommendation proposes to eliminate in order to
separate administrative from program expenses.
Congressional Affairs.--The Committee is frustrated by the
non-responses or delayed responses to its requests for
information, briefings, and site visits. The Committee has a
duty to perform oversight and to ask hard questions in order to
report an informed bill to the House of Representatives. The
Committee believes GSA Office of Congressional Affairs needs to
work on facilitating timely and complete responses.
CIVILIAN BOARD OF CONTRACT APPEALS
Appropriation, fiscal year 2013* **................... 9,521,000
Budget request, fiscal year 2014**.................... 9,045,000
Recommended in the bill............................... 8,966,000
Bill compared with:
Appropriation, fiscal year 2013................... -555,000
Budget request, fiscal year 2014.................. -79,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
**Funding for this activity was previously provided and requested under
the ``Operating Expenses'' heading, which the recommendation proposes
to eliminate.
The Civilian Board of Contract Appeals was established in
2006 to hear and decide contract disputes between contractors
and agencies. The Board's authority extends to all agencies
except for the Department of Defense, the National Aeronautics
and Space Administration, the United States Postal Service, the
Postal Regulatory Commission, and the Tennessee Valley
Authority.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $8,966,000 for
the Civilian Board of Contract Appeals, which is $79,000 less
than request. Funding for this activity was previously provided
and requested within the Operating Expenses heading, which the
recommendation proposes to eliminate in order to separate
administrative from program expenses.
OFFICE OF THE INSPECTOR GENERAL
Appropriation, fiscal year 2013*...................... $58,000,000
Budget request, fiscal year 2014...................... 62,908,000
Recommended in the bill............................... 68,000,000
Bill compared with:
Appropriation, fiscal year 2013................... +10,000,000
Budget request, fiscal year 2014.................. +5,092,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
This appropriation provides agency-wide audit and
investigative functions to identify and correct GSA management
and administrative deficiencies that create conditions for
existing or potential instances of fraud, waste, and
mismanagement. The audit function provides internal and
contract audits. Internal audits review and evaluate all facets
of GSA operations and programs, test internal control systems,
and develop information to improve operating efficiencies and
enhance customer services. Contract audits provide professional
advice to GSA contracting officials on accounting and financial
matters relative to the negotiation, award, administration,
repricing, and settlement of contracts. The investigative
function provides for the detection and investigation of
improper and illegal activities involving GSA programs,
personnel, and operations.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $68,000,000
for the OIG, which is $5,092,000 more than the request.
INFORMATION AND ENGAGEMENT FOR CITIZENS
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2013* **................... $46,500,000
Budget request, fiscal year 2014**.................... 54,954,000
Recommended in the bill............................... 40,000,000
Bill compared with:
Appropriation, fiscal year 2013................... -6,500,000
Budget request, fiscal year 2014.................. -14,954,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
**Funding for this activity was previously provided and requested under
the headings ``Electronic Government'' and ``Federal Citizen Services
Fund'', which the recommendation proposes to eliminate.
The Committee creates an ``Information and Engagement for
Citizens'' account by combining the ``Electronic Government
Fund'' and ``Federal Citizen Services Fund''. While these funds
were created at different periods of time and developed
different programs, they share a common objective--making it
easier for citizens to understand and interact with their
government. Whether that means delivering information in the
mail or in a tweet, answering questions on the phone or on-
line, or tracking grants and business opportunities, the
purpose of ``Information and Engagement for Citizens'' is to
provide electronic or other methods of providing access and
understanding of Federal information, benefits, and services to
citizens, businesses, other governments, and the media.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $40,000,000,
which is $14,954,000 less than the request. The Committee
expects the funds provided for these activities, combined with
efficiency gains and resource prioritization will result in
increased delivery of information to the public and in the ease
of transaction with the government. The programmatic cost and
responsibility for the USAspending.gov website is supported by
the Department of the Treasury's Bureau of the Fiscal Service
in fiscal year 2014.
All the income collected by the Office of Citizen Services
and Innovative Technologies (OCSIT) in the form of
reimbursements from Federal agencies, user fees for
publications ordered by the public, payments from private
entities for services rendered, and gifts from the public is
available to the OCSIT without regard to fiscal year
limitations, but is subject to an annual limitation of
$90,000,000. Any revenues accruing in excess of this amount
shall remain in the fund and are not available for expenditure
except as authorized in Appropriation Acts.
The Committee wants to continue to review the performance
of ``e-initiatives'' and expects the Office of Management and
Budget and General Services Administration to submit a detailed
expenditure plan prior to obligation of funds under this
account. The plan should describe the projects selected; and
the budget, timeline, objectives and expected benefits and
savings realized for each project.
Administrative Provisions--General Services Administration
(INCLUDING TRANSFER OF FUNDS)
Section 505. The Committee continues the provision
providing authority for the use of funds for the hire of motor
vehicles.
Section 506. The Committee modifies the provision providing
that funds made available for activities of the Federal
Buildings Fund may be transferred between appropriations with
advance approval of the Congress to apply to funds provided in
prior appropriations Acts.
Section 507. The Committee continues the provision
requiring funds proposed for developing courthouse construction
requests to meet appropriate standards and the priorities of
the Judicial Conference.
Section 508. The Committee continues the provision
providing that no funds may be used to increase the amount of
occupiable square feet, provide cleaning services, security
enhancements, or any other service usually provided, to any
agency which does not pay the requested rent.
Section 509. The Committee continues the provision that
permits GSA to pay small claims (up to $250,000) made against
the Federal government.
Section 510. The Committee continues the provision
requiring the Administrator to ensure that the delineated area
of procurement for all lease agreements is identical to the
delineated area included in the prospectus unless prior notice
is given to the Committees.
Section 511. The Committee includes a new provision
requiring GSA to submit quarterly reports on its use of its
takings and exchanges authorities. The Committee wants to
better understand how these authorities are utilized and how
they affect future costs of the Federal Buildings Fund.
Section 512. The Committee includes a new provision that
requires a report about the Working Capital Fund.
Section 513. The Committee includes a new provision that
limits the obligations of the Working Capital Fund to
$675,000,000.
Section 514. The Committee includes a new provision
requiring a report on training.
Section 515. The Committee includes a new provision that
prohibits funding for employee awards until GSA submits a
report on employee salaries and awards and an evaluation of its
employee awards program.
Section 516. The Committee includes a new provision with
regards to the Federal Real Property Report.
Section 517. The Committee includes a new provision
requiring a report on the Integrated Acquisition Environment
and System for Award Management programs.
Section 518. The Committee includes a new provision that
requires quarterly reports about the Federal Buildings Fund
portfolio, rental rates, space utilization rates, and expenses.
The ``all-in'' utilization rate is determined by dividing the
total usable square footage by the number of personnel in a
building.
Merit Systems Protection Board
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2013*...................... $42,603,000
Budget request, fiscal year 2014...................... 42,415,000
Recommended in the bill............................... 42,000,000
Bill compared with:
Appropriation, fiscal year 2013................... -603,000
Budget request, fiscal year 2014.................. -415,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The Merit Systems Protection Board (MSPB) is an
independent, quasi-judicial agency established to protect the
civil service merit system. The MSPB adjudicates appeals
primarily involving personnel actions, certain Federal employee
complaints, and retirement benefits issues. The MSPB reports to
the President whether merit systems are sufficiently free of
prohibited employment practices.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $42,000,000
for the MSPB, which is $415,000 less than the request. The
recommendation includes a transfer of $2,345,000 from the Civil
Service Retirement and Disability Fund.
National Archives and Records Administration
For fiscal year 2014, the Committee recommendation for the
National Archives and Records Administration (NARA) includes
funding for the Operating Expenses, Office of Inspector
General, and Repairs and Restoration. The Committee recommends
a total appropriation of $363,100,000 for NARA in fiscal year
2014, which is $11,400,000 less than fiscal year 2013 and
$4,736,000 less than the request.
OPERATING EXPENSES
Appropriation, fiscal year 2013*...................... $373,300,000
Budget request, fiscal year 2014...................... 370,706,000
Recommended in the bill............................... 369,000,000
Bill compared with:
Appropriation, fiscal year 2013................... -4,300,000
Budget request, fiscal year 2014.................. -1,706,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
This appropriation provides NARA with funds for its basic
operations for management of the Federal government's archives
and records, services to the public, operation of Presidential
libraries, review for declassification of classified security
information, and includes the Electronic Records Archives which
preserves, stores, and manages digital Federal records for
archival purposes, ensuring long-term access.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $369,000,000
for the Operating Expenses of NARA, which is $4,300,000 less
than fiscal year 2013 and $1,706,000 less than the request.
OFFICE OF INSPECTOR GENERAL
Appropriation, fiscal year 2013*...................... $4,100,000
Budget request, fiscal year 2014...................... 4,130,000
Recommended in the bill............................... 4,100,000
Bill compared with:
Appropriation, fiscal year 2013................... - - -
Budget request, fiscal year 2014.................. -30,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The Office of Inspector General (OIG) provides audits and
investigations and serves as an independent, internal advocate
to promote economy, efficiency, and effectiveness within NARA.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $4,100,000 for
the OIG, which is the same as fiscal year 2013 and $30,000 less
than the request.
REPAIRS AND RESTORATION
Appropriation, fiscal year 2013*...................... $9,100,000
Budget request, fiscal year 2014...................... 8,000,000
Recommended in the bill............................... 8,000,000
Bill compared with:
Appropriation, fiscal year 2013................... -1,100,000
Budget request, fiscal year 2014.................. - - -
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
This appropriation provides for the repair, alteration, and
improvement of Archives facilities and Presidential libraries
nationwide. It enables the National Archives to maintain its
facilities in proper condition for visitors, researchers, and
employees, and also maintain the structural integrity of the
buildings.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $8,000,000 for
repairs and restoration, which is $1,100,000 less than fiscal
year 2013 and the same as the request.
National Historical Publications and Records Commission Grants Program
Appropriation, fiscal year 2013*...................... $5,000,000
Budget request, fiscal year 2014...................... 3,000,000
Recommended in the bill............................... 3,000,000
Bill compared with:
Appropriation, fiscal year 2013................... -2,000,000
Budget request, fiscal year 2014.................. - - -
*FY 13 Enacted level does not include the 251A sequester or Sec. 3004
OMB ATB.
The National Historical Publications and Records Commission
(NHPRC) program provides for grants to preserve and publish
records that document American history. Administered within the
National Archives and Records Administration, the NHPRC helps
State, local, and private institutions preserve non-Federal
records, helps publish the papers of major figures in American
history, and helps archivists and records managers improve
their techniques, training, and ability to serve a range of
information users.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $3,000,000 for
the NHPRC grants program, which is $2,000,000 less than fiscal
year 2013 and equal to the request.
National Credit Union Administration
COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
Appropriation, fiscal year 2013*...................... $1,247,000
Budget request, fiscal year 2014...................... 1,128,000
Recommended in the bill............................... 1,200,000
Bill compared with:
Appropriation, fiscal year 2013................... -47,000
Budget request, fiscal year 2014.................. +72,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The Community Development Revolving Loan Fund Program
(CDRLF) was established in 1979 to assist officially designated
``low-income'' credit unions in providing basic financial
services to low-income communities. Low-interest loans and
deposits are made available to assist these credit unions.
Loans or deposits are normally repaid in five years, although
shorter repayment periods may be considered. Technical
assistance grants are also available to low-income credit
unions. Earnings generated from the CDRLF are available to fund
technical assistance grants in addition to funds provided for
specifically in appropriations acts. Grants are available for
improving operations as well as addressing safety and soundness
issues.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $1,200,000 for
the National Credit Union Administration's CDRLF for technical
assistance grants for fiscal year 2014, which is $47,000 less
than fiscal year 2013. The Committee expects the CDRLF to
continue making loans from their available funds derived from
repaid loans and interest earned on previous loans to
designated credit unions.
Office of Government Ethics
SALARIES AND EXPENSES
Appropriation, fiscal year 2013*...................... $18,664,000
Budget request, fiscal year 2014...................... 15,325,000
Recommended in the bill............................... 15,000,000
Bill compared with:
Appropriation, fiscal year 2013................... -3,664,000
Budget request, fiscal year 2014.................. -325,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The Office of Government Ethics (OGE) established by the
Ethics in Government Act of 1978, partners with other executive
branch Departments and agencies to foster high ethical
standards. The OGE issues and monitors rules, regulations, and
memoranda pertaining to the prevention and resolution of
conflicts of interest, post-employment restrictions, standards
of conduct, and financial disclosure for executive branch
employees. The OGE is also responsible for creating and running
an electronic financial disclosure system under the Stop
Trading on Congressional Knowledge (STOCK) Act.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $15,000,000
for the OGE, which is $325,000 less than the request. The
Committee notes the STOCK Act gives OGE new responsibilities
and directs OGE to provide the Committee with quarterly
spending reports on the implementation of the requirements
under the STOCK Act.
Office of Personnel Management
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
Appropriation, fiscal year 2013*...................... $210,290,000
Budget request, fiscal year 2014...................... 214,335,000
Recommended in the bill............................... 210,090,000
Bill compared with:
Appropriation, fiscal year 2013................... -200,000
Budget request, fiscal year 2014.................. -4,245,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The Office of Personnel Management (OPM) is the Federal
agency responsible for management of Federal human resources
policy and oversight of the merit civil service system. OPM
provides a government-wide policy framework for personnel
matters, advises and assists agencies (often on a reimbursable
basis), and ensures that agency operations are consistent with
requirements of law, with emphasis on such issues as veterans
preference. OPM oversees examining of applicants for
employment; issues regulations and policies on hiring,
classification and pay, training, investigations; and many
other aspects of personnel management, and operates a
reimbursable training program for the Federal Government's
managers and executives. OPM is also responsible for
administering the retirement, health benefits and life
insurance programs affecting most Federal employees, retired
Federal employees, and their survivors.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $95,557,000
for the General Fund, which is $200,000 less than the request.
The Committee also recommends $114,533,000 for administrative
expenses, $4,045,000 less than the request, to be transferred
from the appropriate trust funds.
Additionally, as part of OPM's mission to recruit and hire
the most talented and diverse Federal workforce, the Committee
encourages Federal agencies to increase recruitment efforts
within the United States territories.
OPM has struggled for decades to process Federal retirees'
pension claims quickly and accurately. As a result, tens of
thousands of new retirees wait months to receive their complete
annuities--some wait more than a year--and in the meantime they
struggle to get by on reduced interim pensions. The Committee
expects OPM to make retirement processing a priority and is
pleased with OPM's recent efforts to correct this problem
through the implementation of its strategic plan. Still, the
Committee believes that the backlog and delays in retirement
processing are unacceptable and directs OPM to provide the
Committee with monthly reports on its progress in addressing
the backlog in claims.
Office of Inspector General
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
Appropriation, fiscal year 2013*...................... $24,316,000
Budget request, fiscal year 2014...................... 26,024,000
Recommended in the bill............................... 26,024,000
Bill compared with:
Appropriation, fiscal year 2013................... +1,708,000
Budget request, fiscal year 2014.................. - - -
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
This appropriation provides for the Office of Inspector
General's (OIG) agency-wide audit, investigative, evaluation,
and inspection functions, which identify management and
administrative deficiencies, fraud, waste and mismanagement.
The OIG performs internal agency audits and insurance audits,
and offers contract audit services. Internal audits review and
evaluate all facets of agency operations, including financial
statements. Evaluation and inspection services provide detailed
technical evaluations of agency operations. Insurance audits
review the operations of health and life insurance carriers,
health care providers, and insurance subscribers. Contract
auditors provide professional advice to agency contracting
officials on accounting and financial matters regarding the
negotiation, award, administration, repricing, and settlement
of contracts. The investigative function provides for the
detection and investigation of improper and illegal activities
involving programs, personnel, and operations.
COMMITTEE RECOMMENDATION
The Committee recommends a general fund appropriation of
$4,684,000 for the OIG, which is equal to the request. In
addition, the recommendation provides $21,340,000 from
appropriate trust funds, which is equal to the request.
Office of Special Counsel
SALARIES AND EXPENSES
Appropriation, fiscal year 2013*...................... $18,972,000
Budget request, fiscal year 2014...................... 20,639,000
Recommended in the bill............................... 20,639,000
Bill compared with:
Appropriation, fiscal year 2013................... +1,667,000
Budget request, fiscal year 2014.................. - - -
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The Office of Special Counsel (OSC): (1) investigates
Federal employee allegations of prohibited personnel practices
(including reprisal for whistleblowing) and, when appropriate,
prosecutes before the Merit Systems Protection Board; (2)
provides a channel for whistleblowing by Federal employees; and
(3) enforces the Hatch Act. The Office may transmit
whistleblower allegations to the agency head concerned and
require an agency investigation and a report to the Congress
and the President when appropriate. Additionally, the Office
enforces the civilian employment and reemployment rights of
military service members under the Uniformed Services
Employment and Re-employment Rights Act.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $20,639,000
for the OSC, which is equal to the request.
Postal Regulatory Commission
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2013*...................... $14,304,000
Budget request, fiscal year 2014...................... 14,304,000
Recommended in the bill............................... 14,000,000
Bill compared with:
Appropriation, fiscal year 2013................... -304,000
Budget request, fiscal year 2014.................. -304,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The Commission establishes and maintains the U.S. Postal
Service's ratemaking systems, measures service and performance,
ensures accountability, and has enforcement mechanisms,
including the authority to issue subpoenas.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation, out of the
Postal Fund, of $14,000,000 for the Postal Regulatory
Commission, which is $304,000 less than the request.
Privacy and Civil Liberties Oversight Board
SALARIES AND EXPENSES
Appropriation, fiscal year 2013*...................... $900,000
Budget request, fiscal year 2014...................... 3,100,000
Recommended in the bill............................... 3,100,000
Bill compared with:
Appropriation, fiscal year 2013................... +2,200,000
Budget request, fiscal year 2014.................. - - -
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The Privacy and Civil Liberties Oversight Board is an
independent agency within the Executive Branch whose purpose is
to (1) analyze and review actions the Executive Branch takes to
protect the nation from terrorism, ensuring that the need for
such actions is balanced with the need to protect privacy and
civil liberties; and (2) ensure that liberty concerns are
appropriately considered in the development and implementation
of laws, regulations, and policies related to efforts to
protect the nation against terrorism. The Board consists of 4
part-time members and full-time chairman.
COMMITTEE RECOMMENDATION
The Committee recommends $3,100,000 for the Board which is
the same as the budget request. While the Board was authorized
in 2007, the Board did not have any Members until 2012 and did
not have a chairman until May 2013. The Committee is
disappointed that the Administration took so many years to fill
these oversight positions. The Committee expects the Board to
conduct vigorous oversight over the Executive Branch and
directs the Board to provide quarterly reports to the
Committees on Appropriations and the Committees on the
Judiciary describing the oversight activities of the Board
during the previous quarter and those planned for the remainder
of the fiscal year.
Recovery Accountability and Transparency Board
SALARIES AND EXPENSES
Appropriation, fiscal year 2013*...................... $28,350,000
Budget request, fiscal year 2014...................... 12,500,000
Recommended in the bill............................... 20,000,000
Bill compared with:
Appropriation, fiscal year 2013................... -8,350,000
Budget request, fiscal year 2014.................. +7,500,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The Recovery Accountability and Transparency Board
(Recovery Board) was authorized in the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5) (Recovery Act). The
Recovery Board is comprised of Inspectors General of agencies
administering programs and overseeing spending authorized in
the Recovery Act. The Recovery Board conducts and coordinates
activities related to the accountability, transparency, and
oversight of spending under the Recovery Act and oversees the
administration of Recovery.gov, a website providing detailed
information on the implementation of the Recovery Act. The
Disaster Relief Appropriations Act of 2013 extended the Board's
authorization for two years and expanded its responsibilities
to process, track, and oversee the $60.2 billion in Hurricane
Sandy spending. In addition, the Board assists other government
entities investigate fraud, waste, and abuse by providing data
analytic support through the Board's Recovery Operations
Center.
COMMITTEE RECOMMENDATION
The Committee recommends $20,000,000 for the Recovery
Accountability and Transparency Board, which is $7,500,000 more
than the request. The Committee supports the Board's work to
improve transparency and identify fraud, waste, and abuse in
government spending.
Securities and Exchange Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2013*...................... $1,321,000,000
Budget request, fiscal year 2014...................... 1,674,000,000
Recommended in the bill............................... 1,371,000,000
Bill compared with:
Appropriation, fiscal year 2013................... +50,000,000
Budget request, fiscal year 2014.................. -303,000,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The primary mission of the Securities and Exchange
Commission (SEC) is to protect investors, maintain the
integrity of the securities markets, and assure adequate
information on the capital markets is made available to market
participants and policy makers. This includes monitoring the
rapid evolution of the capital markets, ensuring full
disclosure of all appropriate financial information, regulating
the Nation's securities markets, and preventing fraud and
malpractice in the securities and financial markets.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $1,371,000,000
for the SEC for fiscal year 2014, which is $303,000,000 less
than the request. The Committee designates not less than
$7,092,000 for Office of Inspector General and $44,353,000 for
the Division of Economic and Risk Analysis.
Information Technology.--The Committee is supportive of the
SEC's prioritization of robust and effective information
technology (IT) systems within the Commission. The SEC has
indicated the use of the Dodd-Frank mandatory Reserve Fund to
support the Commission's IT initiatives. This fund is not
overseen by Congress and it is left to the discretion of the
Commission as to its use. The Committee believes emergency
reserve funds should be used for natural disaster emergencies
and other crises, not discretionary priorities within a Federal
agency. While the Committee does not support the use of the
Reserve Fund, an increase to IT funding is provided through the
Commission's overall appropriation. The Committee's recommended
funding level for the SEC increases the overall funding level
by $50,000,000 specifically to support IT funding priorities.
The Committee has restricted funds from the Reserve Fund from
being used in Section 618.
Economic Analysis.--Since 2001, the SEC's budget has
increased almost 300 percent. Based on the increases Congress
has provided, the Commission should be able to provide for
comprehensive economic analysis before promulgating rules that
affect the capital markets. It appears that thorough economic
analysis has not always been done before Commission
rulemakings, and courts have overturned SEC rules due to
insufficient economic examination. As the agency in charge of
overseeing capital markets, economic analysis should be a
cornerstone to all agency rulemaking. The Committee's
recommended funding level for the SEC fully funds the Division
of Economic and Risk Analysis to support increased hiring of
economists and economic analysis within the Commission to
enhance the understanding of the economic impacts of SEC
rulemakings. The Committee expects the Commission to expand
this division and prioritize nonpartisan economic analysis as a
fundamental part of the Commission's rulemaking process.
Cross Border Derivatives.--The Committee believes that the
rules regarding cross border derivatives should be promulgated
jointly by the SEC and the Commodity Futures Trading Commission
(CFTC). The current lack of regulatory coordination between
regulators does not provide a cohesive landscape for investors
and foreign regulators. The Committee strongly encourages the
SEC and CFTC to work swiftly toward rules that mirror one
another and provide certainty to our financial markets.
Money Market Funds.--The Committee has seen the proposed
rules recently released by the Commission with regard to money
market funds. The Committee expects that the final rules will
take into account the substantive concerns of stakeholders who
use these products for short term financing needs. Impairing or
restricting the use of money market funds could potentially
result in a decrease in the ability of these products to
provide liquidity, potentially resulting in hundreds of market
participants issuing longer-term debt, significantly increasing
their funding costs, slowing expansion rates, and depressing
job and economic growth. The Committee believes before the
final rules are promulgated with respect to money market funds,
rigorous economic analysis should be conducted. Specifically,
the final rules should carefully consider how any proposed
changes would affect: (1) investor returns and cash management
efficiencies; (2) the borrowing costs for businesses and
governments that access money markets for financing purposes;
(3) the concentration and capacity among providers of short-
term financing; and (4) efficiency, competition, and capital
formation.
Organizational Structure.--The Committee remains concerned
that a lack of managerial accountability, focus,
prioritization, and internal communication hampers the
effectiveness of the SEC. The Committee has concurred with the
recommendation put forth in the Boston Consulting Group (BCG)
report that the SEC must reorganize in order to become more
efficient. While progress has been made in reorganizing certain
offices, the Committee believes there is more to be done to
make the Commission better able to respond to dynamic markets.
The Committee directs the SEC to provide a report on a
reorganization plan outlining areas of improvement. Within the
report the Committee directs the SEC to undertake a review of
the regional offices, as directed by the BCG report, and submit
this review to the Committee no later than 90 days after
enactment of this Act. This report should include whether
consolidation of regional offices is warranted and feasible.
Registration Threshold.--Congress intends for Title VI of
the JOBS Act (P.L. 112-106) to apply to Savings and Loan
holding companies defined by the Home Owners Loan Act. The
Committee believes the Securities and Exchange Commission
should use its existing authority pursuant to the Securities
and Exchange Act of 1934 to ensure this result.
Disclosures.--Corporate disclosures are at the core of
investor protection but, to be effective, disclosures must be
timely, accurate, and understandable to both retail and
institutional investors. Corporate disclosures should also be
provided to investors in an easily accessible format.
Voluminous, overly-complex, legalistic and immaterial corporate
disclosures both increase investor confusion and discourage
shareholder participation in important corporate governance
matters. Recent SEC actions to improve investor access to
corporate disclosures, including the new eXtensible business
reporting language (XBRL) electronic data filing requirements,
have so far been met with limited success. The Committee
requests a report from the SEC within 90 days of this Act on
(i) the SEC's efforts to update the Federal securities laws to
ensure that investors are receiving timely, accurate, and
meaningful corporate disclosures in an understandable and
accessible format; (ii) the effects of unnecessary and
burdensome corporate disclosure obligations on public
companies; (iii) the SEC's efforts to appropriately scale
disclosure requirements under the Federal securities laws for
smaller public companies, which generally have fewer resources
to devote toward costly compliance functions; and (iv) the
SEC's efforts to permit public companies to issue a simplified
or one-page summary of their quarterly and annual filings to
enhance the retail investor's understanding of material
information that is important to an investment decision.
Rulemaking.--The Committee is concerned that rules
promulgated by the SEC have been thrown out in court in part
due to the Commission's failure to meet statutory requirements
to thoroughly review the potential economic repercussions of
its rules. This Committee believes that the Commission has an
obligation to consider the effects of a new rule upon
efficiency, competition, and capital formation. The Committee
strongly encourages the Commission to undertake a review of the
analysis used during the Commission's rulemaking process to be
sure the tangible economic impacts of its rules are considered
before issuing final rules.
The Committee believes the SEC should undertake all
statutory rulemakings of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (Dodd-Frank Act) and the Jumpstart Our
Business Startups Act (JOBS Act) before undertaking any
discretionary rulemakings.
The Committee directs the SEC to work cooperatively with
the CFTC on all joint rulemakings as required by the Dodd-Frank
Wall Street Reform and Consumer Protection Act.
Capital Formation.--The Committee believes the SEC should
do more to facilitate capital formation. The Committee strongly
encourages the SEC to prioritize and issue rule proposals, in
addition to the provisions included in the Jumpstart Our
Business Startups Act (P.L. 112-106), to implement a majority
of the recommendations made by the SEC's Government-Business
Forum on Small Business and its Advisory Committee on Small and
Emerging Companies. The Committee also encourages the
Securities and Exchange Commission to propose rules for public
comment that would modernize the Business Development Company
regulatory infrastructure.
Selective Service System
SALARIES AND EXPENSES
Appropriation, fiscal year 2013*...................... $23,984,000
Budget request, fiscal year 2014...................... 24,134,000
Recommended in the bill............................... 23,500,000
Bill compared with:
Appropriation, fiscal year 2013................... -484,000
Budget request, fiscal year 2014.................. -634,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The Selective Service System was established by the
Selective Service Act of 1948. The mission of the System is to
be prepared to supply manpower to the Armed Forces adequate to
ensure the security of the United States during a time of
national emergency. Since 1973, the Armed Forces have relied on
volunteers to fill military manpower requirements, but
selective service registration was reinstituted in July 1980.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $23,500,000
for the Selective Service System for fiscal year 2014, which is
$634,000 less than the request.
Small Business Administration
The Small Business Administration (SBA) assists small
businesses through programs involving loans, grants, and
contracting preferences. These programs maintain and strengthen
an economy that depends on small businesses for 60 to 80
percent of job creation. SBA programs also serve disadvantaged
populations so that their small business enterprises may
overcome economic and social obstacles to success.
The recommendation provides a total of $896,942,000 for the
SBA. This amount is $71,896,000 less than the request. Detailed
guidance for the SBA appropriations accounts is presented
below.
SALARIES AND EXPENSES
Appropriation, fiscal year 2013*...................... $417,348,000
Budget request, fiscal year 2014...................... 485,923,000
Recommended in the bill............................... 415,882,000
Bill compared with:
Appropriation, fiscal year 2013................... -1,466,000
Budget request, fiscal year 2014.................. -70,041,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
COMMITTEE RECOMMENDATION
The Committee recommends $415,882,000 for the salaries and
expenses of the SBA, which is $70,041,000 less than the
request. Within the amounts made available under this heading,
the Committee recommendation provides $183,940,000 for the SBA
non-credit business assistance programs, which is $26,400,000
less than the request.
The Committee recommendations for non-credit business
assistance, by program, are displayed in the following table:
NON-CREDIT BUSINESS ASSISTANCE PROGRAMS
[In thousands of dollars]
Small Business Development Centers............................ $112,500
Veterans Business Development................................. 2,500
SCORE......................................................... 7,000
Women's Business Centers...................................... 14,000
National Women's Business Council............................. 900
Microloan Technical Assistance................................ 20,000
Entrepreneurship Education.................................... 5,000
PRIME......................................................... 3,500
Native American Outreach...................................... 1,250
7(j) Technical Assistance..................................... 2,790
HUBZone....................................................... 2,500
Entrepreneurial Development Initiative (Clusters)............. 5,000
Boots to Business............................................. 7,000
Total, non-credit initiatives................................. 183,940
The SBA shall not reduce these non-credit programs from the
amounts specified above and the SBA shall not merge any of the
non-credit programs without advance written approval from the
Committee. The Committee recommendation includes funding above
the request level for the Small Business Development Center
(SBDC) Program, SCORE, Women's Business Centers, Microloan
Technical Assistance, HUBZone, Native American Outreach, and
PRIME.
The Committee encourages the SBA to support small business
development and entrepreneurship throughout the country by
funding non-profit organizations and institutions of higher
education that train and educate an entrepreneurial workforce
and provide business development services designed to
accelerate industry sectors that build regional assets.
The Committee strongly supports the SBA's Historically
Underutilized Business Zone (HUBZone) program and believes that
it is a critical resource for distressed communities,
especially during the current economic downturn. The Committee
is aware that there are certain rural areas that are
underutilized business areas, but are excluded from HUBZone
designation based on the current program authorization. The
Committee encourages the SBA to continue to examine ways to
incorporate underutilized business areas into any future
revisions of the Small Business Act.
The Committee recognizes the value of the 8(a) program in
assisting small and disadvantaged businesses to compete in the
marketplace and provides sufficient funding to execute the
mission of the 8(a) program.
Additionally, as part of SBA's mission to provide business
training and counseling to a wide diversity of geographic
areas, demographic populations, and economic environments; the
Committee encourages SBA to expand the presence of Women's
Business Centers in the United States territories.
The Committee strongly encourages the SBA to support
efforts to ensure that minority- and women-owned businesses
throughout the country are able to receive access to capital in
order to facilitate job creation and strengthen our economy.
A recent Government Accountability Office (GAO) report on
duplicative programs found that SBA has not routinely conducted
program evaluations for many of its economic development
programs. According to the GAO report, only three of SBA's ten
programs that provide technical assistance have undergone
recent review and none of SBA's other nine financial assistance
and government contracting programs have been reviewed on a
regular basis. Regular performance evaluations are critical in
measuring the success and utility of these programs for small
businesses while also protecting the taxpayer's investment. The
Committee expects SBA to conduct regular performance
evaluations of its programs. The Committee directs SBA to
report to the Committee within 60 days of enactment on its
efforts to bring-to-date performance reviews on all of its
economic programs and provide a plan for their continued review
going forward.
The Committee remains concerned about the quality of lender
oversight at SBA. At the close of calendar year 2012, SBA's
loan portfolio totaled $103 billion, yet SBA's loan programs
depend on an array of outside parties to be executed. In fiscal
year 2011, more than half of loan dollars guaranteed by the SBA
were made using delegated authorities with limited oversight. A
recent SBA Office of Inspector General report found lender
oversight reviews are inadequate and that SBA often failed to
recognize significant lender weaknesses and corresponding risk.
The Committee expects SBA to adopt the recommendations included
in the IG report and directs SBA to report to the Committee
within 60 days of enactment of this Act on its efforts to
implement GAO's recommendations.
OFFICE OF INSPECTOR GENERAL
Appropriation, fiscal year 2013*...................... $16,267,000
Budget request, fiscal year 2014...................... 19,400,000
Recommended in the bill............................... 17,000,000
Bill compared with:
Appropriation, fiscal year 2013................... +733,000
Budget request, fiscal year 2014.................. -2,400,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
COMMITTEE RECOMMENDATION
The Committee recommends $17,000,000 for the Office of
Inspector General of the SBA, which is $2,400,000 less than the
request. In addition, $1,000,000 is made available by transfer
from the Disaster Loans Program Account.
OFFICE OF ADVOCACY
Appropriation, fiscal year 2013*...................... $9,120,000
Budget request, fiscal year 2014...................... 8,455,000
Recommended in the bill............................... 9,000,000
Bill compared with:
Appropriation, fiscal year 2013................... -120,000
Budget request, fiscal year 2014.................. +545,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
COMMITTEE RECOMMENDATION
The Committee recommends $9,000,000 for the Office of
Advocacy of the SBA, which is $545,000 more than the request.
The Committee supports the Office's mission to reduce
regulatory burdens that Federal policies impose on small
businesses and maximize the benefits small businesses receive
from the government. The Committee is disappointed that the
Administration proposed reducing resources for the Office.
BUSINESS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
Appropriation, fiscal year 2013*...................... $485,236,000
Budget request, fiscal year 2014...................... 263,160,000
Recommended in the bill............................... 263,160,000
Bill compared with:
Appropriation, fiscal year 2013................... -222,076,000
Budget request, fiscal year 2014.................. - - -
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The SBA Business Loans Program serves as an important
source of capital for America's small businesses. The
recommendation supports the 7(a) business loan program, the 504
certified development company program, Small Business
Investment Company (SBIC) debentures, and the Secondary Market
Guarantee Program.
COMMITTEE RECOMMENDATION
The Committee recommends a total of $263,160,000 for the
Business Loans Program Account, which is equal to the request.
Of the amount appropriated, $151,560,000 is for administrative
expenses related to business loan programs. The amount provided
for administrative expenses may be transferred to and merged
with the appropriation for SBA salaries and expenses to cover
the common overhead expenses associated with business loans.
The amount provided for loan subsidies is reduced from the
fiscal year 2013 level because subsidy rates have declined.
Therefore, the amount provided will support the same level of
lending but requires fewer subsidy dollars.
The recommendation includes $107,000,000 for the subsidy
cost of the 504 certified development program. This funding
will help to stimulate small business investment and will
contribute to economic growth. The effect of small businesses
on the economy is considerable. Firms employing fewer than 500
employees comprise about 99.7 percent of all businesses in the
nation and employ roughly half of all private sector employees.
The subsidy funding provided in this account will help to
ensure the continued strength of the small business sector.
The recommendation also includes $4,600,000 in loan subsidy
for the Microloan Program. The amount provided is estimated to
support $25,000,000 in microloans.
The Committee notes the mission of the Surety Bond
Guarantee (SBG) program is to provide and manage surety bond
guarantees for qualified small and emerging businesses, in
direct partnership with surety companies and their agents,
utilizing the most efficient and effective operational policies
and procedures. The Committee is supportive of SBG's efforts to
encourage surety companies to bond small businesses who
otherwise would have difficulty obtaining bonding on their own.
DISASTER LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
Appropriation, fiscal year 2013*...................... $117,300,000
Budget request, fiscal year 2014...................... 191,900,000
Recommended in the bill............................... 191,900,000
Bill compared with:
Appropriation, fiscal year 2013................... +74,600,000
Budget request, fiscal year 2014.................. - - -
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
COMMITTEE RECOMMENDATION
As required by the Federal Credit Reform Act of 1990, the
Congress is required to appropriate an amount sufficient to
cover the subsidy costs associated with all direct loan
obligations and loan guarantee commitments made in fiscal year
2014, as well as the administrative expenses of the loan
programs. The Committee recommends a total of $191,900,000 for
administrative expenses for fiscal year 2014, which is the same
as the request. The Committee provides $1,000,000 for the
Office of Inspector General for audits and reviews of the
disaster loans program and $9,000,000 may be transferred to
Salaries and Expenses for administrative expenses.
When the budget request was submitted, it assumed
sufficient prior year funds would be available to cover
estimated subsidy costs. However, the Committee wants to ensure
that there are sufficient funds available to meet the lending
needs of eligible victims. Therefore, the Committee directs the
SBA to continue providing updates on available resources for
the disaster loans program on a monthly basis.
The Committee funds this program within its discretionary
allocation. The Administration proposed funding these costs
with a disaster cap adjustment.
ADMINISTRATIVE PROVISIONS--SMALL BUSINESS ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
Section 519. The Committee continues a provision for the
SBA authorizing transfers of up to five percent of any SBA
appropriation to other appropriations, provided that transfers
do not increase an appropriation by more than 10 percent. The
provision also requires that transfers be treated as
reprogrammings of funds.
United States Postal Service
PAYMENT TO THE POSTAL SERVICE FUND
Appropriation, fiscal year 2013*...................... $78,153,000
Budget request, fiscal year 2014...................... 70,751,000
Recommended in the bill............................... 70,751,000
Bill compared with:
Appropriation, fiscal year 2013................... -7,402,000
Budget request, fiscal year 2014.................. - - -
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The United States Postal Service (USPS) is funded almost
entirely by Postal ratepayers rather than taxpayers. Funds
provided to the Postal Service in the Payment to the Postal
Service Fund include appropriations for revenue forgone in
providing free mail for the blind, and for overseas absentee
voting.
COMMITTEE RECOMMENDATION
The Committee recommends appropriations totaling
$70,751,000 for Payment to the Postal Service Fund, which is
the same as the request. This is an advance appropriation for
fiscal year 2015. The Committee includes language specifying
that 6-day delivery and rural delivery of mail shall continue
at not less than the 1983 level.
The Committee is concerned by reports that the Postal
Service is attempting to sell off many of its historic
properties without regard for the preservation of these
buildings. The Committee is particularly concerned that the
Postal Service may not be following Section 106 of the National
Historic Preservation Act in the relocation and sales process
of these historic properties. The Committee notes that the
Office of the Inspector General is currently conducting an
investigation into whether the Postal Service is complying with
its statutory and regulatory requirements in the relocation of
services, closure, and sale of these types of properties. Until
such an analysis is complete, the Committee believes the Postal
Service should refrain from the relocation of services from
historic post offices, and believes the Postal Service should
suspend the sale of any historic post office.
Office of Inspector General
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2013*...................... $241,468,000
Budget request, fiscal year 2014...................... 241,468,000
Recommended in the bill............................... 240,000,000
Bill compared with:
Appropriation, fiscal year 2013................... -1,468,000
Budget request, fiscal year 2014.................. -1,468,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The Office of Inspector General (OIG) conducts audits,
reviews and investigations, and keeps Congress informed on the
efficiency and economy of United States Postal Service (USPS)
programs and operations.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $240,000,000,
which is $1,468,000 less than the request.
United States Tax Court
SALARIES AND EXPENSES
Appropriation, fiscal year 2013*...................... $51,079,000
Budget request, fiscal year 2014...................... 52,653,000
Recommended in the bill............................... 51,000,000
Bill compared with:
Appropriation, fiscal year 2013................... -79,000
Budget request, fiscal year 2014.................. -1,653,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
The U.S. Tax Court adjudicates controversies involving
deficiencies in income, estate, and gift taxes. The Court also
has jurisdiction to determine deficiencies in certain excise
taxes, to issue declaratory judgments in the areas of
qualifications of retirement plans and exemptions of charitable
organizations, and to decide certain cases involving disclosure
of tax information by the Commissioner of the Internal Revenue
Service.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $51,000,000
for the U.S. Tax Court, which is $1,653,000 less than the
request.
TITLE VI--GENERAL PROVISIONS, THIS ACT
Section 601. The Committee continues the provision
prohibiting pay and other expenses for non-Federal parties in
regulatory or adjudicatory proceedings funded in this Act.
Section 602. The Committee continues the provision
prohibiting obligations beyond the current fiscal year and
prohibits transfers of funds unless expressly so provided
herein.
Section 603. The Committee continues the provision limiting
procurement contracts for consulting service expenditures to
contracts that are matters of public record and available for
public inspection.
Section 604. The Committee continues the provision
prohibiting transfer of funds in this Act without express
authority.
Section 605. The Committee continues the provision
prohibiting the use of funds to engage in activities that would
prohibit the enforcement of section 307 of the 1930 Tariff Act.
Section 606. The Committee continues the provision
concerning compliance with the Buy American Act.
Section 607. The Committee continues the provision
prohibiting the use of funds by any person or entity convicted
of violating the Buy American Act.
Section 608. The Committee continues the provision
specifying reprogramming procedures. The provision requires
that agencies or entities funded by the Act notify the
Committee and obtain prior approval from the Committee for any
reprogramming of funds that: (1) creates a new program; (2)
eliminates a program, project, or activity; (3) increases funds
or personnel for any program, project, or activity for which
funds have been denied or restricted by the Congress; (4)
proposes to use funds directed for a specific activity by
either the House or Senate Committees on Appropriations for a
different purpose; (5) augments existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is
less; (6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or (7) reorganizes
offices, programs, or activities. The provision directs
agencies funded by this Act to consult with the Committee prior
to any significant reorganization. The provision also directs
the agencies funded by this Act to submit operating plans for
the Committee's review within 60 days of the bill's enactment.
Section 609. The Committee continues the provision
providing that fifty percent of unobligated balances may remain
available for certain purposes.
Section 610. The Committee continues the provision
prohibiting funding for the Executive Office of the President
to request a Federal Bureau of Investigation background
investigation except with the express consent of the individual
involved or in extraordinary circumstances involving national
security.
Section 611. The Committee continues the provision
regarding cost accounting standards for contracts under the
Federal Employee Health Benefits Program.
Section 612. The Committee continues the provision
regarding non-foreign area cost of living allowances.
Section 613. The Committee includes language prohibiting
the expenditure of funds for abortion.
Section 614. The Committee continues the provision making
exceptions to the preceding provision where the life of the
mother is in danger or the pregnancy is a result of an act of
rape or incest.
Section 615. The Committee continues the provision carried
annually since 2004 waiving restrictions on the purchase of
non-domestic articles, materials, and supplies in the case of
acquisition of information technology by the Federal
Government.
Section 616. The Committee continues the provision
prohibiting officers or employees of any regulatory agency or
commission funded by this Act from accepting travel payments or
reimbursements from a person or entity regulated by such agency
or commission.
Section 617. The Committee continues the provision
permitting the Securities and Exchange Commission and
Commodities Futures Trading Commission to fund a joint advisory
committee to advise on emerging regulatory issues,
notwithstanding Section 708 of this Act.
Section 618. The Committee includes language prohibiting
the obligation of funds in fiscal year 2014 from the Securities
and Exchange Commission Reserve Fund established by the Dodd-
Frank Wall Street Reform and Consumer Protection Act. The
Committee believes the Commission should request the level of
funding it believes is necessary in any given fiscal year and
not have access to reserve funding that is outside of the
Congressional review process.
Section 619. The Committee continues the provision
requiring certain agencies to provide quarterly reports on
unobligated prior year balances after the end of the quarter.
Section 620. The Committee continues the provision that
requires certain agencies in this Act to consult with the
General Services Administration before seeking new office space
or making alterations to existing office space.
Section 621. The Committee continues the provision
prohibiting funds for the Federal Trade Commission to complete
the draft report entitled ``Interagency Working Group on Food
Marketed to Children: Preliminary Proposed Nutrition Principles
to Guide Industry Self-Regulatory Efforts'' unless the
Interagency Working Group on Food Marketed to Children complies
with Executive Order 13563, including the requirement in it to
provide quantified present and future benefits and costs.
Section 622. The Committee modifies the provision
prohibiting funding for certain czars including the White House
Director of the Office of Health Reform, the Assistant to the
President for Energy and Climate Change, the Senior Advisor to
the Secretary of the Treasury assigned to the Presidential Task
Force on the Auto Industry and Senior Counselor for
Manufacturing Policy, and the White House Director of Urban
Affairs, or any substantially similar positions.
Section 623. The Committee continues the provision
prohibiting funds from being used by any agency in this Act for
any new hires not verified through the E-Verify Program
established under section 403(a) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a
note).
Section 624. The Committee continues the provision
prohibiting funding made available by this Act to be used to
enter into a contract, memorandum of understanding, or
cooperative agreement with, make a grant to, or provide a loan
or loan guarantee to, any corporation that was convicted of a
felony criminal violation under any Federal law within the
preceding 24 months, where the awarding agency is aware of the
conviction, unless an agency has considered suspension or
debarment of the corporation and has made a determination that
this further action is not necessary to protect the interests
of the Government.
Section 625. The Committee continues the provision
prohibiting funding made available by this Act to be used to
enter into a contract, memorandum of understanding, or
cooperative agreement with, make a grant to, or provide a loan
or loan guarantee to, any corporation that has any unpaid
Federal tax liability that has been assessed, for which all
judicial and administrative remedies have been exhausted or
have lapsed, and that is not being paid in a timely manner
pursuant to an agreement with the authority responsible for
collecting the tax liability, where the awarding agency is
aware of the unpaid tax liability, unless an agency has
considered suspension or debarment of the corporation and has
made a determination that this further action is not necessary
to protect the interests of the Government.
Section 626. The Committee includes language providing for
several appropriated mandatory accounts. These are accounts
where authorizing language requires the payment of funds. The
budget request assumes the following estimated cost for the
programs addressed in this provision: $450,000 for Compensation
of the President including $50,000 for expenses, $126,931,000
for the Judicial Retirement Funds (Judicial Officers'
Retirement Fund, Judicial Survivors' Annuities Fund, and the
United States Court of Federal Claims Judges' Retirement Fund),
$11,404,000,000 for the Government Payment for Annuitants,
Employee Health Benefits, $53,000,000 for the Government
Payment for Annuitants, Employee Life Insurance, and
$9,178,000,000 for Payment to the Civil Service Retirement and
Disability Fund. In addition, language is included for certain
retirement, healthcare and survivor benefits required by 3
U.S.C. 102 note.
Section 627. The Committee includes language which amends
the Virginia Graeme Baker Pool and Spa Safety Act to allow for
a greater number of States and municipalities to qualify for
the program.
Section 628. The Committee includes a provision directing
the Comptroller General to conduct a cost-benefit analysis of
the Consumer Product Safety Improvement Act of 2008.
Section 629. The Committee includes language requiring
certain regulatory agencies to provide a report on increasing
public participation in rulemaking, improving coordination
among Federal agencies, and identifying ineffective or
excessively burdensome regulations.
Section 630. The Committee includes language prohibiting
agencies within this Act from spending funds on travel,
conferences, or employee awards programs that are not
authorized by Federal law, regulation, or Executive Order. No
later than 90 days after enactment of this Act, each Inspector
General of a department or agency, board or commission,
Director of the Administrative Office of the U.S. Courts, or
senior ethics official in agencies without inspectors general
funded by this Act shall report to the Committees on
Appropriations of the House and Senate as to whether the entity
concerned has effective procedures in place to ensure
compliance with all applicable Federal laws, regulations, and
Executive Orders on travel, conferences, and employee awards
programs.
Section 631. The Committee includes a provision limiting
funds made available for terrestrial broadband operations.
Section 632. The Committee includes a provision prohibiting
funds to be used to eliminate or reduce funding for a program
or project unless such change is made pursuant to reprogramming
or transfer provisions.
Section 633. The Committee includes new language
authorizing the Office of Personnel Management's Inspector
General to access funds from the Office of Personnel
Management's revolving fund to conduct oversight of revolving
fund activities.
Section 634. The bill includes a provision directing the
Secretary of the Treasury and the Administrator of the General
Services Administration, working with the Government
Accountability Office, to provide a comprehensive report that
provides updated performance metrics that are measurable,
repeatable, and directly linked to requests for funding.
Performance measures in future budget justifications should
clearly demonstrate the extent to which prior year investments
in programs, projects and activities can be tied to progress
toward achieving priority goals and include estimates for how
proposed investments will contribute to additional progress. In
particular, performance measures should measure outcome
(results and impact), output (volume), and efficiency.
TITLE VII--GENERAL PROVISIONS, GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(INCLUDING TRANSFER OF FUNDS)
Section 701. The Committee continues the provision
requiring agencies to administer a policy designed to ensure
that all of its workplaces are free from the illegal use of
controlled substances.
Section 702. The Committee continues the provision
establishing price limitations on vehicles to be purchased by
the Federal Government with an exemption for the purchase of
electric, plug-in hybrid electric, and hydrogen fuel cell
vehicles.
Section 703. The Committee continues the provision allowing
funds made available to agencies for travel to also be used for
quarter allowances and cost-of-living allowances.
Section 704. The Committee continues the provision
prohibiting the employment of noncitizens.
Section 705. The Committee continues the provision giving
agencies the authority to pay General Services Administration
bills for space renovation and other services.
Section 706. The Committee continues the provision allowing
agencies to finance the costs of recycling and waste prevention
programs with proceeds from the sale of materials recovered
through such programs.
Section 707. The Committee continues the provision
providing that funds made available to corporations and
agencies subject to 31 U.S.C. 91 may pay rent and other service
costs in the District of Columbia.
Section 708. The Committee continues the provision
prohibiting interagency financing of groups absent prior
statutory approval.
Section 709. The Committee continues the provision
prohibiting the use of funds for enforcing regulations
disapproved in accordance with the applicable law of the U.S.
Section 710. The Committee continues the provision limiting
the amount of funds that can be used for redecoration of
offices under certain circumstances.
Section 711. The Committee continues, with technical
adjustments, the provision to allow for interagency funding of
national security and emergency telecommunications initiatives.
Section 712. The Committee continues the provision
requiring agencies to certify that a Schedule C appointment was
not created solely or primarily to detail the employee to the
White House.
Section 713. The Committee continues the provision
prohibiting the payment of any employee who prohibits,
threatens or prevents another employee from communicating with
Congress.
Section 714. The Committee continues the provision
prohibiting Federal training not directly related to the
performance of official duties.
Section 715. The Committee continues the provision
prohibiting, other than for normal and recognized executive-
legislative relationships, propaganda, publicity and lobbying
by executive agency personnel in support or defeat of
legislative initiatives.
Section 716. The Committee continues the provision
prohibiting any Federal agency from disclosing an employee's
home address to any labor organization, absent employee
authorization or court order.
Section 717. The Committee continues the provision, with a
modification, prohibiting funds to be used to provide non-
public information such as mailing, telephone, or electronic
mailing lists to any person or organization outside the
government without the approval of the Committees on
Appropriations.
Section 718. The Committee continues the provision
prohibiting the use of funds for propaganda and publicity
purposes not authorized by Congress.
Section 719. The Committee continues the provision
directing agency employees to use official time in an honest
effort to perform official duties.
Section 720. The Committee continues the provision
authorizing the use of funds to finance an appropriate share of
the Federal Accounting Standards Advisory Board.
Section 721. The Committee continues the provision
authorizing agencies to transfer $17,000,000 to the Government-
wide Policy account of General Services Administration to
finance an appropriate share of various government-wide boards
and councils.
Section 722. The Committee continues the provision that
permits breast feeding in a Federal building or on Federal
property if the woman and child are authorized to be there.
Section 723. The Committee continues the provision that
permits interagency funding of the National Science and
Technology Council and provides for a report on the budget and
resources of the National Science and Technology Council. The
report should include the entire budget of the National Science
and Technology Council.
Section 724. The Committee continues the provision
requiring documents involving the distribution of Federal funds
to indicate the agency providing the funds and the amount
provided.
Section 725. The Committee continues the provision
prohibiting the use of funds to monitor personal access or use
of Internet sites or to collect, review, or obtain any
personally identifiable information relating to access to or
use of an Internet site.
Section 726. The Committee continues a provision requiring
health plans participating in the Federal Employee Health
Benefits Program to provide contraceptive coverage and provides
exemptions to certain religious plans.
Section 727. The Committee continues language supporting
strict adherence to anti-doping activities.
Section 728. The Committee continues a provision allowing
funds for official travel to be used by departments and
agencies, if consistent with OMB Circular A-126, to participate
in the fractional aircraft ownership pilot program.
Section 729. The Committee continues a provision
prohibiting funds for implementation of Office of Personnel
Management regulations limiting detailees to the Legislative
Branch, and implementing limitations on the Coast Guard
Congressional Fellowship Program.
Section 730. The Committee continues the provision that
restricts the use of funds for Federal law enforcement training
facilities.
Section 731. The Committee continues the provision that
prohibits Executive Branch agencies from creating prepackaged
news stories that are broadcast or distributed in the United
States unless the story includes a clear notification within
the text or audio of that news story that the prepackaged news
story was prepared or funded by that executive branch agency.
This provision confirms the opinion of the Government
Accountability Office dated February 17, 2005 (B-304272).
Section 732. The Committee continues the provision
prohibiting use of funds in contravention of section 552a of
title 5, United States Code (the Privacy Act) and regulations
implementing that section.
Section 733. The Committee continues the provision
prohibiting funds from being used for any Federal Government
contract with any foreign incorporated entity which is treated
as an inverted domestic corporation.
Section 734. The Committee continues the provision
requiring agencies to pay a fee to the Office of Personnel
Management for processing retirement of employees who separate
under Voluntary Early Retirement Authority or who receive
Voluntary Separation Incentive payments.
Section 735. The Committee includes language prohibiting
funds to require any entity submitting an offer for a Federal
contract or participating in an acquisition to disclose
political contributions.
Section 736. The Committee includes language prohibiting
funds for the painting of a portrait of an employee of the
Federal government including the President, the Vice President,
a Member of Congress, the head of an executive branch agency,
or the head of an office of the legislative branch.
Section 737. The Committee continues the provision
concerning the non-application of these general provisions to
title IV and to title VIII.
Section 738. The Committee includes language that would
prohibit funding in the bill to pay more than 75 percent of the
salary of the Commissioner and any Deputy Commissioner of
Internal Revenue if the Internal Revenue Service agency does
not comply with certain Inspector General recommendations by
July 1, 2014.
TITLE VIII--GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(INCLUDING TRANSFER OF FUNDS)
Section 801. The Committee continues language that
appropriates funds for refunding overpayments of taxes
collected and for paying settlements and judgments against the
District of Columbia government.
Section 802. The Committee continues language prohibiting
the use of Federal funds for publicity or propaganda purposes.
Section 803. The Committee continues the provision that
establishes reprogramming procedures for Federal and local
funds.
Section 804. The Committee continues language prohibiting
the use of Federal funds to provide salaries or other costs
associated with the offices of United States Senator or
Representative.
Section 805. The Committee continues language restricting
the use of official vehicles to official duties.
Section 806. The Committee continues language prohibiting
the use of Federal funds for any petition drive or civil action
which seeks to require Congress to provide for voting
representation in Congress for the District of Columbia.
Section 807. The Committee includes language prohibiting
the use of Federal funds for needle exchange programs.
Section 808. The Committee continues language providing for
a ``conscience clause'' on legislation that pertains to
contraceptive coverage by health insurance plans.
Section 809. The Committee continues language prohibiting
the use of Federal funds to legalize or reduce penalties
associated with the possession, use, or distribution on any
schedule I substance under the Controlled Substances Act or any
tetrahydrocannabinols derivative.
Section 810. The Committee continues the provision that
prohibits the use of funds for abortion except in the cases of
rape or incest or if necessary to save the life of the mother.
Section 811. The Committee continues the provision
requiring the Chief Financial Officer (CFO) to submit a revised
operating budget for all agencies in the D.C. government, no
later than 30 calendar days after the enactment of this Act
that realigns budgeted data with anticipated actual
expenditures.
Section 812. The Committee continues the provision
requiring the CFO to submit a revised operating budget for D.C.
Public Schools, no later than 30 calendar days after the
enactment of this Act, that realigns school budgets to actual
school enrollment.
Section 813. The Committee modifies a provision allowing
the transfer of local funds and capital and enterprise funds.
Section 814. The Committee includes language prohibiting
the obligation of Federal funds beyond the current fiscal year
and transfers of funds unless expressly provided herein.
Section 815. The Committee includes language to provide
that not to exceed 50 percent of unobligated balances from
Federal appropriations for salaries and expenses may remain
available for certain purposes. This provision will apply to
the District of Columbia Courts, the Court Services and
Offender Supervision Agency and the District of Columbia Public
Defender Service.
Section 816. The Committee continues the provision which
limits references to ``this Act'' as referring to only this
title and title IV.
Section 817. The Committee includes a sense of Congress
that the Congress should not pass any legislation that
authorizes spending cuts that would increase poverty in the
United States.
TITLE IX--ADDITIONAL GENERAL PROVISIONS
Section 901. The Committee includes language prohibiting
funds for the Securities and Exchange Commission to require the
disclosure of political contributions, contributions to tax
exempt organizations, or dues paid to trade associations.
Section 902. The Committee includes language prohibiting
funds for the collection of certain wire and electronic
communication without a warrant.
Section 903. The Committee includes language prohibiting
funds for the Internal Revenue Service to target groups for
regulatory scrutiny based on their political beliefs and
prohibiting funds to issue regulations, revenue rulings, or
interpretative guidance relating to the primary purpose
standard for purposes of determining an organization's tax
exempt status under section 501(c)(4) of the Internal Revenue
Code of 1986.
SPENDING REDUCTION ACCOUNT
Section 904. The Committee includes a provision
establishing a ``Spending Reduction Account'' in the bill.
House of Representatives Report Requirements
The following items are included in accordance with various
requirements of the Rules of the House of Representatives:
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the following is a statement of
general performance goals and objectives for which this measure
authorizes funding:
The Committee on Appropriations considers program
performance, including a program's success in developing and
attaining outcome-related goals and objectives, in developing
funding recommendations.
Rescission of Funds
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following table is submitted
describing the rescissions recommended in the accompanying
bill:
Treasury Forfeiture Fund.............................. $1,219,000,000
Transfer of Funds
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following is submitted describing
the transfer of funds provided in the accompanying bill:
UNDER TITLE I--DEPARTMENT OF THE TREASURY
Under the Department of the Treasury, ``Office of Terrorism
and Financial Intelligence, Salaries and Expenses'',
unobligated balances associated with these activities under the
Departmental Offices heading shall be transferred and merged
with this account.
Section 101 allows the transfer of five percent of any
appropriation (or three percent of Internal Revenue Service
(IRS), ``Enforcement'') made available to the IRS to any other
IRS appropriation, subject to prior congressional approval.
Section 114 authorizes transfers, up to two percent,
between Departmental Offices, Office of Inspector General,
Special Inspector General for Troubled Asset Relief Program,
Financial Crimes Enforcement Network, Bureau of the Fiscal
Service, Alcohol and Tobacco Tax and Trade Bureau, and the
Community Development Financial Institutions Fund
appropriations under certain circumstances.
Section 115 authorizes transfers, up to two percent,
between the IRS and the Treasury Inspector General for Tax
Administration under certain circumstances.
Section 117 authorizes the transfer of funds from the
``Bureau of the Fiscal Service'' to the ``Debt Collection
Fund'' as necessary to cover the cost of debt collection.
UNDER TITLE II--EXECUTIVE OFFICE OF THE PRESIDENT
Language is included under Federal Drug Control Programs,
``High Intensity Drug Trafficking Areas Program'', which allows
for the transfer of funds to Federal departments or agencies
and State and local entities.
Language is included under ``Other Federal Drug Control
Programs'', allowing the transfer of funds to other Federal
departments and agencies to carry out activities.
Language is included under ``Information Technology
Oversight and Reform'', allowing the transfer of funds to other
agencies to carry out projects.
Language is included under the Official Residence of the
Vice President, ``Operating Expenses'', allowing the transfer
of funds to other Federal departments or agencies.
Section 201 permits the Executive Office of the President
to transfer up to 10 percent of any appropriation, subject to
approval of the Committee.
UNDER TITLE III--THE JUDICIARY
Language is included under ``Courts of Appeals, District
Courts, and Other Judicial Services, Court Security'', allowing
funds to be transferred to the United States Marshals Service
for courthouse security.
Section 302 permits the Judiciary to transfer up to five
percent of any appropriation with certain limitations.
UNDER TITLE V--INDEPENDENT AGENCIES
Under Title V, Independent Agencies, a number of transfers
are allowed.
(1) Under the General Services Administration, amounts may
be transferred within the Federal Buildings Fund after approval
of the Committee.
(2) Under the General Services Administration,
``Information and Engagement for Citizens'', transfers are
allowed from the Federal Citizens Services Fund to Federal
agencies.
(3) Under Merit Systems Protection Board, an amount is
transferred from the Civil Service Retirement and Disability
Fund.
(4) Under Office of Personnel Management, amounts from
certain trust funds are transferred to the Salaries and
Expenses and Office of Inspector General accounts for
administrative expenses;
(5) Under the Postal Regulatory Commission, amounts are
transferred from the Postal Service Fund;
(6) Under Small Business Administration, Business Loans
Program Account, amounts may be transferred to and merged with
Salaries and Expenses.
(7) Under Small Business Administration, Disaster Loans
Program Account, amounts may be transferred to and merged with
the Office of Inspector General, and Salaries and Expenses.
(8) Under Administrative Provision-Small Business
Administration, amounts may be transferred between
appropriations of the Small Business Administration.
(9) Under United States Postal Service, Office of Inspector
General, amounts are transferred from the Postal Service Fund.
UNDER TITLE VII--GOVERNMENT-WIDE
Section 721 authorizes departments and agencies to transfer
funds to the General Services Administration to support certain
financial, information technology, procurement and other
management initiatives.
UNDER TITLE VIII--GENERAL PROVISIONS, DISTRICT OF COLUMBIA
Section 803 authorizes the District of Columbia to transfer
local funds and section 813 allows transfer funds between
operations and capital accounts.
Disclosure of Earmarks and Congressionally Directed Spending Items
Neither the bill nor the report contains any Congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI of the Rules of the House of
Representatives.
Compliance With Rule XIII, Cl. 3(e) (Ramseyer Rule)
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
DODD-FRANK WALL STREET REFORM AND CONSUMER PROTECTION ACT
(Public Law 111-203)
* * * * * * *
TITLE I--FINANCIAL STABILITY
* * * * * * *
Subtitle B--Office of Financial Research
* * * * * * *
SEC. 155. FUNDING.
(a) * * *
(b) Use of Funds.--
(1) In general.--Funds obtained by, transferred to,
or credited to the Financial Research Fund shall be
[immediately] available to the Office as provided for
in appropriations acts, and shall remain available
until expended, to pay the expenses of the Office in
carrying out the duties and responsibilities of the
Office.
[(2) Fees, assessments, and other funds not
government funds.--Funds obtained by, transferred to,
or credited to the Financial Research Fund shall not be
construed to be Government funds or appropriated
moneys.]
[(3)] (2) Amounts not subject to apportionment.--
Notwithstanding any other provision of law, amounts in
the Financial Research Fund shall not be subject to
apportionment for purposes of chapter 15 of title 31,
United States Code, or under any other authority, or
for any other purpose.
* * * * * * *
(d) [Permanent Self-funding] Assessment Schedule.--Beginning
2 years after the date of enactment of this Act, the Secretary
shall establish, by regulation, and with the approval of the
Council, an assessment schedule, including the assessment base
and rates, applicable to bank holding companies with total
consolidated assets of 50,000,000,000 or greater and nonbank
financial companies supervised by the Board of Governors, that
takes into account differences among such companies, based on
the considerations for establishing the prudential standards
under section 115, to collect assessments equal to the total
expenses of the Office.
* * * * * * *
TITLE X--BUREAU OF CONSUMER FINANCIAL PROTECTION
* * * * * * *
Subtitle A--Bureau of Consumer Financial Protection
* * * * * * *
SEC. 1017. FUNDING; PENALTIES AND FINES.
(a) Transfer of Funds From Board Of Governors.--
(1) In general.--Each year (or quarter of such year),
beginning on the designated transfer date, and each
quarter thereafter, the Board of Governors shall
transfer to the Bureau from the combined earnings of
the Federal Reserve System, the amount determined by
the Director to be reasonably necessary to carry out
the authorities of the Bureau under Federal consumer
financial law, taking into account such other sums made
available to the Bureau from the preceding year (or
quarter of such year).
(2) Funding cap.--
(A) In general.--Notwithstanding paragraph
(1), and in accordance with this paragraph, the
amount that shall be transferred to the Bureau
in each fiscal year shall not exceed a fixed
percentage of the total operating expenses of
the Federal Reserve System, as reported in the
Annual Report, 2009, of the Board of Governors,
equal to--
(i) 10 percent of such expenses in
fiscal year 2011;
(ii) 11 percent of such expenses in
fiscal year 2012; and
(iii) 12 percent of such expenses in
fiscal year 2013, and in each year
thereafter.
(B) Adjustment of amount.--The dollar amount
referred to in subparagraph (A)(iii) shall be
adjusted annually, using the percent increase,
if any, in the employment cost index for total
compensation for State and local government
workers published by the Federal Government, or
the successor index thereto, for the 12-month
period ending on September 30 of the year
preceding the transfer.
[(C) Reviewability.--Notwithstanding any
other provision in this title, the funds
derived from the Federal Reserve System
pursuant to this subsection shall not be
subject to review by the Committees on
Appropriations of the House of Representatives
and the Senate.]
(3) Transition period.--Beginning on the date of
enactment of this Act and until the designated transfer
date, the Board of Governors shall transfer to the
Bureau the amount estimated by the Secretary needed to
carry out the authorities granted to the Bureau under
Federal consumer financial law, from the date of
enactment of this Act until the designated transfer
date.
(4) Budget and financial management.--
(A) Financial operating plans and
forecasts.--The Director shall provide to the
Director of the Office of Management and Budget
copies of the financial operating plans and
forecasts of the Director, as prepared by the
Director in the ordinary course of the
operations of the Bureau, and copies of the
quarterly reports of the financial condition
and results of operations of the Bureau, as
prepared by the Director in the ordinary course
of the operations of the Bureau.
(B) Financial statements.--The Bureau shall
prepare annually a statement of--
(i) assets and liabilities and
surplus or deficit;
(ii) income and expenses; and
(iii) sources and application of
funds.
(C) Financial management systems.--The Bureau
shall implement and maintain financial
management systems that comply substantially
with Federal financial management systems
requirements and applicable Federal accounting
standards.
(D) Assertion of internal controls.--The
Director shall provide to the Comptroller
General of the United States an assertion as to
the effectiveness of the internal controls that
apply to financial reporting by the Bureau,
using the standards established in section
3512(c) of title 31, United States Code.
(E) Rule of construction.--This subsection
may not be construed as implying any obligation
on the part of the Director to consult with or
obtain the consent or approval of the Director
of the Office of Management and Budget with
respect to any report, plan, forecast, or other
information referred to in subparagraph (A) or
any jurisdiction or oversight over the affairs
or operations of the Bureau.
(F) Financial statements.--The financial
statements of the Bureau shall not be
consolidated with the financial statements of
either the Board of Governors or the Federal
Reserve System.
(5) Audit of the bureau.--
(A) In general.--The Comptroller General
shall annually audit the financial transactions
of the Bureau in accordance with the United
States generally accepted government auditing
standards, as may be prescribed by the
Comptroller General of the United States. The
audit shall be conducted at the place or places
where accounts of the Bureau are normally kept.
The representatives of the Government
Accountability Office shall have access to the
personnel and to all books, accounts,
documents, papers, records (including
electronic records), reports, files, and all
other papers, automated data, things, or
property belonging to or under the control of
or used or employed by the Bureau pertaining to
its financial transactions and necessary to
facilitate the audit, and such representatives
shall be afforded full facilities for verifying
transactions with the balances or securities
held by depositories, fiscal agents, and
custodians. All such books, accounts,
documents, records, reports, files, papers, and
property of the Bureau shall remain in
possession and custody of the Bureau. The
Comptroller General may obtain and duplicate
any such books, accounts, documents, records,
working papers, automated data and files, or
other information relevant to such audit
without cost to the Comptroller General, and
the right of access of the Comptroller General
to such information shall be enforceable
pursuant to section 716(c) of title 31, United
States Code.
(B) Report.--The Comptroller General shall
submit to the Congress a report of each annual
audit conducted under this subsection. The
report to the Congress shall set forth the
scope of the audit and shall include the
statement of assets and liabilities and surplus
or deficit, the statement of income and
expenses, the statement of sources and
application of funds, and such comments and
information as may be deemed necessary to
inform Congress of the financial operations and
condition of the Bureau, together with such
recommendations with respect thereto as the
Comptroller General may deem advisable. A copy
of each report shall be furnished to the
President and to the Bureau at the time
submitted to the Congress.
(C) Assistance and costs.--For the purpose of
conducting an audit under this subsection, the
Comptroller General may, in the discretion of
the Comptroller General, employ by contract,
without regard to section 3709 of the Revised
Statutes of the United States (41 U.S.C. 5),
professional services of firms and
organizations of certified public accountants
for temporary periods or for special purposes.
Upon the request of the Comptroller General,
the Director of the Bureau shall transfer to
the Government Accountability Office from funds
available, the amount requested by the
Comptroller General to cover the full costs of
any audit and report conducted by the
Comptroller General. The Comptroller General
shall credit funds transferred to the account
established for salaries and expenses of the
Government Accountability Office, and such
amount shall be available upon receipt and
without fiscal year limitation to cover the
full costs of the audit and report.
* * * * * * *
----------
SECTION 203 OF THE JUDICIAL IMPROVEMENTS ACT OF 1990
SEC. 203. DISTRICT JUDGES FOR THE DISTRICT COURTS.
(a) * * *
* * * * * * *
(c) Temporary Judgeships.--The President shall appoint, by
and with the advice and consent of the Senate--
(1) 1 additional district judge for the eastern
district of California;
(2) 1 additional district judge for the district of
Hawaii;
(3) 1 additional district judge for the central
district of Illinois;
(4) 1 additional district judge for the southern
district of Illinois;
(5) 1 additional district judge for the district of
Kansas;
(6) 1 additional district judge for the western
district of Michigan;
(7) 1 additional district judge for the eastern
district of Missouri;
(8) 1 additional district judge for the district of
Nebraska;
(9) 1 additional district judge for the northern
district of New York;
(10) 1 additional district judge for the northern
district of Ohio;
(11) 1 additional district judge for the eastern
district of Pennsylvania; and
(12) 1 additional district judge for the eastern
district of Virginia.
Except with respect to the district of Kansas, the western
district of Michigan, the eastern district of Pennsylvania, the
district of Hawaii, and the northern district of Ohio, the
first vacancy in the office of district judge in each of the
judicial districts named in this subsection, occurring 10 years
or more after the confirmation date of the judge named to fill
the temporary judgeship created by this subsection, shall not
be filled. The first vacancy in the office of district judge in
the district of Kansas occurring [22 years and 6 months] 23
years and 6 months or more after the confirmation date of the
judge named to fill the temporary judgeship created for such
district under this subsection, shall not be filled. The first
vacancy in the office of district judge in the western district
of Michigan, occurring after December 1, 1995, shall not be
filled. The first vacancy in the office of district judge in
the eastern district of Pennsylvania, occurring 5 years or more
after the confirmation date of the judge named to fill the
temporary judgeship created for such district under this
subsection, shall not be filled. The first vacancy in the
office of district judge in the northern district of Ohio
occurring 19 years or more after the confirmation date of the
judge named to fill the temporary judgeship created under this
subsection shall not be filled. The first vacancy in the office
of the district judge in the district of Hawaii occurring 19
years and 6 months or more after the confirmation date of the
judge named to fill the temporary judgeship created under this
subsection shall not be filled. For districts named in this
subsection for which multiple judgeships are created by this
Act, the last of those judgeships filled shall be the
judgeships created under this section.
* * * * * * *
----------
SECTION 406 OF THE TRANSPORTATION, TREASURY, HOUSING AND URBAN
DEVELOPMENT, THE JUDICIARY, THE DISTRICT OF COLUMBIA, AND INDEPENDENT
AGENCIES APPROPRIATIONS ACT, OF 2006
Sec. 406. The existing judgeship for the eastern district of
Missouri authorized by section 203(c) of the Judicial
Improvements Act of 1990 (Public Law 101-650, 104 Stat. 5089)
as amended by Public Law 105-53, as of the effective date of
this Act, shall be extended. The first vacancy in the office of
district judge in this district occurring [20 years and 6
months] 21 years and 6 months or more after the confirmation
date of the judge named to fill the temporary judgeship created
by section 203(c) shall not be filled.
----------
21ST CENTURY DEPARTMENT OF JUSTICE APPROPRIATIONS AUTHORIZATION ACT
* * * * * * *
DIVISION A--21ST CENTURY DEPARTMENT OF JUSTICE APPROPRIATIONS
AUTHORIZATION ACT
* * * * * * *
TITLE III--MISCELLANEOUS
* * * * * * *
SEC. 312. ADDITIONAL FEDERAL JUDGESHIPS.
(a) * * *
* * * * * * *
(c) Temporary Judgeships.--
(1) In general.--The President shall appoint, by and
with the advice and consent of the Senate--
(A) 1 additional district judge for the
northern district of Alabama;
(B) 1 additional judge for the district of
Arizona;
(C) 1 additional judge for the central
district of California;
(D) 1 additional judge for the southern
district of Florida;
(E) 1 additional district judge for the
district of New Mexico;
(F) 1 additional district judge for the
western district of North Carolina; and
(G) 1 additional district judge for the
eastern district of Texas.
(2) Vacancies not filled.--The first vacancy in the
office of district judge in each of the offices of
district judge authorized by this subsection, except in
the case of the central district of California and the
western district of North Carolina, occurring [11] 12
years or more after the confirmation date of the judge
named to fill the temporary district judgeship created
in the applicable district by this subsection, shall
not be filled. The first vacancy in the office of
district judge in the central district of California
occurring [10 years and 6 months] 11 years and 6 months
or more after the confirmation date of the judge named
to fill the temporary district judgeship created in
that district by this subsection, shall not be filled.
The first vacancy in the office of district judge in
the western district of North Carolina occurring 10
years or more after the confirmation date of the judge
named to fill the temporary district judgeship created
in that district by this subsection, shall not be
filled.
(3) Effective date.--This subsection shall take
effect on July 15, 2003.
* * * * * * *
----------
VIRGINIA GRAEME BAKER POOL AND SPA SAFETY ACT
TITLE XIV--POOL AND SPA SAFETY
* * * * * * *
SEC. 1405. STATE SWIMMING POOL SAFETY GRANT PROGRAM.
(a) * * *
(b) Eligibility.--To be eligible for a grant under the
program, a State shall--
(1) demonstrate to the satisfaction of the Commission
that it has a State statute, or that, after the date of
enactment of this title, it has enacted a statute, or
amended an existing statute, and provides for the
enforcement of, a law that--
(A) except as provided in section
1406(a)(1)(A)(i), applies to [all swimming
pools constructed after the date that is 6
months after the date of enactment of the
Financial Services and General Government
Appropriations Act, 2012 in the State] all
swimming pools constructed in the State after
the date the State submits an application to
the Commission for a grant under this section;
and
(B) meets the minimum State law requirements
of section 1406; and
(2) submit an application to the Commission at such
time, in such form, and containing such additional
information as the Commission may require.
* * * * * * *
(e) Authorization of Appropriations.--[There are authorized
to be appropriated to the Commission for each of fiscal years
2009 and 2010 $2,000,000 to carry out this section, such sums
to remain available until expended.] There is authorized to be
appropriated to the Commission such sums as may be necessary to
carry out this section through fiscal year 2016. Any amounts
appropriated pursuant to this subsection that remain unexpended
and unobligated at the end of [fiscal year 2012] fiscal year
2016 shall be retained by the Commission and credited to the
appropriations account that funds enforcement of the Consumer
Product Safety Act.
SEC. 1406. MINIMUM STATE LAW REQUIREMENTS.
(a) In General.--
(1) Safety standards.--A State meets the minimum
State law requirements of this section if--
(A) the State requires by statute--
(i) the enclosure of all outdoor
residential pools and spas by barriers
to entry that will effectively prevent
small children from gaining
unsupervised and unfettered access to
the pool or spa; and
[(ii) that all pools and spas be
equipped with devices and systems
designed to prevent entrapment by pool
or spa drains;]
[(iii)] (ii) that pools and spas
built more than 1 year after the date
of the enactment of such statute have--
(I) more than 1 drain;
(II) 1 or more unblockable
drains; or
(III) no main drain; and
[(iv) every swimming pool and spa
that has a main drain, other than an
unblockable drain, be equipped with a
drain cover that meets the consumer
product safety standard established by
section 1404; and
[(v) that periodic notification is
provided to owners of residential
swimming pools or spas about compliance
with the entrapment protection
standards of the ASME/ANSI A112.19.8
performance standard, or any successor
standard; and]
(B) the State meets such additional State law
requirements for pools and spas as the
Commission may establish after public notice
and a 30-day public comment period.
[(2) No liability inference associated with state
notification requirement.--The minimum State law
notification requirement under paragraph (1)(A)(v)
shall not be construed to imply any liability on the
part of a State related to that requirement.]
[(3)] (2) Use of minimum state law requirements.--The
Commission--
(A) shall use the minimum State law
requirements under paragraph (1) solely for the
purpose of determining the eligibility of a
State for a grant under section 1405 of this
Act; and
(B) may not enforce any requirement under
paragraph (1) except for the purpose of
determining the eligibility of a State for a
grant under section 1405 of this Act.
[(4)] (3) Requirements to reflect national
performance standards and commission guidelines.--In
establishing minimum State law requirements under
[paragraph (1)] paragraph (1)(B), the Commission
shall--
(A) consider current or revised national
performance standards on pool and spa barrier
protection and entrapment prevention; and
(B) ensure that any such requirements are
consistent with the guidelines contained in the
Commission's publication 362, entitled ``Safety
Barrier Guidelines for Home Pools'', the
Commission's publication entitled ``Guidelines
for Entrapment Hazards: Making Pools and Spas
Safer'', and any other pool safety guidelines
established by the Commission.
* * * * * * *
Changes in the Application of Existing Law
Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of
the House of Representatives, the following statements are
submitted describing the effect of provisions proposed in the
accompanying bill which may be considered, under certain
circumstances, to change the application of existing law,
either directly or indirectly. The bill provides that
appropriations shall remain available for more than one year
for a number of programs for which the basic authorizing
legislation does not explicitly authorize such extended
availability. In addition, the bill carries language, in some
instances, permitting activities not authorized by law, or
exempting agencies from certain provisions of law, but which
has been carried in appropriations acts for many years.
The bill includes several limitations on official
entertainment, reception and representation expenses. Similar
provisions have appeared in many previous appropriations Acts.
The bill includes a number of limitations on the purchase of
automobiles or office furnishings that also have appeared in
many previous appropriations Acts. Language is included in
several instances permitting certain funds to be credited to
the appropriations recommended. Language is also included in
several instances permitting funding for services authorized by
5 U.S.C. 3109 and for the hire of passenger motor vehicles.
Title I--Department of the Treasury
Language is included for Departmental Offices, ``Salaries
and Expenses'', that provides funds for operation and
maintenance of the Treasury Building Annex; hire of passenger
motor vehicles; maintenance, repairs, and improvements of, and
purchase of commercial insurance policies for real properties
leased or owned overseas; the Office of Public Affairs and the
Office of Legislative Affairs; official reception and
representation expenses; unforeseen emergencies of a
confidential nature; contributions to the Organization for
Economic Cooperation and Development for the Department's
participation in programs related to global tax administration;
information technology modernization requirements; Treasury-
wide financial audits; cybersecurity; critical infrastructure
protection and compliance policy programs; and the period of
availability.
Language is included for the Office of Terrorism and
Financial Intelligence, ``Salaries and Expenses'' that provides
funds combating threats to national security and secure space.
Language is also included that limits the availability of
certain amounts and transfers funds.
Language is included for the Office of Inspector General,
``Salaries and Expenses'', that provides funds to carry out the
provisions of the Inspector General Act of 1978, including
official reception and representation expenses, the hire of
vehicles, and specifies the period of availability for certain
funds and provides funds for unforeseen emergencies of a
confidential nature.
Language is included for the Treasury Inspector General for
Tax Administration, ``Salaries and Expenses'', that provides
funds to carry out the provisions of the Inspector General Act
of 1978, including consulting services, official reception and
representation expenses, the purchase and hire of motor
vehicles, unforeseen emergencies of a confidential nature and
specifies the period of availability for certain funds.
Language is included for the Special Inspector General for
the Troubled Asset Relief Program, ``Salaries and Expenses'',
that provides funds for the necessary expenses of the SIGTARP
in carrying out the provisions of the Emergency Economic
Stabilization Act of 2008 (P.L. 110-343).
Language is included for the Financial Crimes Enforcement
Network, ``Salaries and Expenses'', that provides funds for the
hire of motor vehicles; travel and training of non-federal and
foreign government personnel attending meetings involving
domestic or foreign financial law enforcement, intelligence,
and regulation; official reception and representation expenses;
and assistance to Federal law enforcement agencies with or
without reimbursement. Language is also included that limits
the availability of certain amounts.
Language is included under the heading ``Treasury
Forfeiture Fund'' rescinding certain funds.
Language is included for the Bureau of the Fiscal Service,
``Salaries and Expenses'', that provides a certain amount for
official reception and representation expenses, limits the
availability for systems modernization funds, and limits the
availability for funds related to the consolidation of the
Financial Management Service and the Bureau of the Public Debt.
Language is also included specifying an amount to be derived
from the Oil Spill Liability Trust Fund.
Language is included for the Alcohol and Tobacco Tax and
Trade Bureau, ``Salaries and Expenses'', that provides funds
for the hire of passenger motor vehicles and laboratory
assistance to State and local agencies with or without
reimbursement. Language is also included that specifies the
amounts for official reception and representation expenses and
cooperative research and development.
Language is included for the U.S. Mint, ``United States
Mint Public Enterprise Fund'', which identifies the source of
funding for the operations and activities of the U.S. Mint and
specifies the level of funding for circulating coinage and
protective service capital investments.
Language is included for the Community Development
Financial Institutions Fund Program Account that provides
specific amounts for: Native American initiatives,
administrative expenses, and the cost of direct loans. Language
is included clarifying the cost of direct loans and the cost of
modifying direct loans, and specifying the limitation on gross
obligations for the principal amount of direct loans.
Language is included under Internal Revenue Service,
``Taxpayer Services'', that provides funds for pre-filing
assistance and education, filing and account services, and
taxpayer advocacy services, implementation of the tax credit in
title II of division A of the Trade Act of 2002 (Public Law
107-210), and dedicating funding for the Tax Counseling for the
Elderly Program, low-income taxpayer clinic grants, and
Community Volunteer Income Tax Assistance grants.
Language is included for Internal Revenue Service,
``Enforcement'', that provides funds to determine and collect
owed taxes, provide legal and litigation support, conduct
criminal investigations, enforce criminal statutes, purchase
and hire of vehicles; funding for the Interagency Crime and
Drug Enforcement program; and funding for training. Language is
included limiting certain funds until certain inspector general
recommendations are implemented.
Language is included for the Internal Revenue Service,
``Operations Support'', that provides funds for operating and
supporting taxpayer services and tax law enforcement programs;
rent; facilities services; printing; postage; physical
security; headquarters and other IRS-wide administration
activities; research and statistics of income;
telecommunications; information technology development,
enhancement, operations, maintenance, and security; hire of
passenger motor vehicles; and official reception and
representation expenses. Language is included specifying the
period of availability for certain funds and requiring reports
on information technology.
Language is included for Internal Revenue Service,
``Business Systems Modernization'', that provides for the
business systems modernization program, including capital asset
acquisition of information technology, including management and
related contractual costs and IRS labor costs of said
acquisitions, contractual costs associated with operations,
places certain restrictions on the use of the funds and
requires quarterly reports.
In addition, the bill provides the following administrative
provisions:
Section 101. Language is included that allows for the
transfer of five percent (three percent in the case of
Enforcement) of any appropriation made available to the IRS to
any other IRS appropriation, upon the advance approval of the
Committees on Appropriations.
Section 102. Language is included that requires the IRS to
maintain a training program in taxpayers' rights, dealing
courteously with taxpayers, cross-cultural relations, and the
impartial application of tax law; and requires a report on IRS
training.
Section 103. Language is included that requires the IRS to
institute and enforce policies and procedures that will
safeguard the confidentiality of taxpayer information and
protect taxpayers against identity theft.
Section 104. Language is included that makes funds
available for improved facilities and increased staffing to
provide efficient and effective 1-800 number help line service
for taxpayers.
Section 105. Language is included that provides the IRS's
authority to hire experts and consultants.
Section 106. Language is included prohibiting funds made
available in the healthcare reform act from being transferred
to the IRS for implementing the healthcare reform act.
Section 107. Language is included prohibiting funds from
being used to implement the individual mandate of the
Affordable Care Act.
Section 108. Language is included requiring videos produced
by the IRS to be approved in advance by the Service-Wide Video
Editorial Board.
Section 109. Language is included prohibiting funds for
employee awards until IRS submits a report on employee salaries
and awards and an evaluation of its employee awards program.
Section 110. Language is included prohibiting funds for
conferences until IRS implements recommendations from a
Treasury Inspector General for Tax Administration audit.
Section 111. Language is included requiring IRS to submit
an organization, mission, and functions manual with its budget
request.
Section 112. Language is included requiring IRS spending
reports.
Section 113. Language is included that authorizes the
Department to purchase uniforms, insurance for motor vehicles
that are overseas, and motor vehicles that are overseas without
regard to the general purchase price limitations; to enter into
contracts with the State Department for health and medical
services for Treasury employees that are overseas; and to hire
experts or consultants.
Section 114. Language is included that authorizes
transfers, up to two percent, between ``Departmental Offices--
Salaries and Expenses'', ``Office of Inspector General'',
``Special Inspector General for the Troubled Asset Relief
Program'', ``Financial Crimes Enforcement Network'', ``Bureau
of the Fiscal Service'', ``Alcohol and Tobacco Tax and Trade
Bureau'' and ``Community Development Financial Institutions
Fund'' appropriations under certain circumstances.
Section 115. Language is included that authorizes
transfers, up to two percent, between the Internal Revenue
Service and the Treasury Inspector General for Tax
Administration under certain circumstances.
Section 116. Language is included prohibiting the
Department of the Treasury from undertaking a redesign of the
one dollar Federal Reserve note.
Section 117. Language is included providing for transfers
from and reimbursements to ``Bureau of the Fiscal Service,
Salaries and Expenses'' for the purposes of debt collection.
Section 118. Language is included requiring congressional
approval for the construction and operation of a museum by the
United States Mint.
Section 119. Language is included prohibiting funds in this
or any other Act from being used to merge the U.S. Mint and the
Bureau of Engraving and Printing without the approval of the
House and Senate committees of jurisdiction.
Section 120. Language is included deeming that funds for
the Department of the Treasury's intelligence-related
activities are specifically authorized in fiscal year 2014
until enactment of the Intelligence Authorization Act for
fiscal year 2014.
Section 121. Language is included permitting the Bureau of
Engraving and Printing to use $5,000 from the Industrial
Revolving Fund for reception and representation expenses.
Section 122. Language is included requiring the Department
of the Treasury to submit a capital investment plan.
Section 123. Language is included requiring quarterly
report from both the Office of Financial Research and Office of
Financial Stability Oversight.
Section 124. Language is included with respect to the
people-to-people category of travel to Cuba.
Section 125. Language is included requiring a report on a
certain category of travel to Cuba.
Section 126. Language is included limiting the fees
available for obligation by the Office of Financial Research.
Section 127. Language is included requiring the Department
of the Treasury to submit a report on its Working Capital Fund.
Section 128. Language is included limiting the obligations
of the Working Capital Fund.
Title II--Executive Office of the President
Language under The White House, ``Salaries and Expenses'',
provides funds for services authorized by 5 U.S.C. 3109 and 3
U.S.C. 103, 105 and 107, subsistence expenses, hire of
vehicles, travel, and official reception and representation
expenses; and the Office of Policy Development.
Language under the Executive Residence at the White House,
``Operating Expenses'', provides funds for necessary expenses
as authorized by 3 U.S.C. 105, 109, 110, and 112-114.
Language under the Executive Residence at the White House,
``Reimbursable Expenses'', specifies the authorized use of
funds; specifies that reimbursable expenses are the exclusive
authority of the Executive Residence to incur obligations and
receive offsetting collections; requires the sponsors of
political events to make advance payments; requires the
national committee of the political party of the President to
maintain $25,000 on deposit; requires the Executive Residence
to ensure that amounts owed are billed within 60 days of a
reimbursable event and collected within 30 days of the bill
notice; authorizes the Executive Residence to charge and assess
interest and penalties on late payments; authorizes all
reimbursements to be deposited into the Treasury as a
miscellaneous receipt; requires a report to the Committee on
the reimbursable expenses within 90 days of the end of the
fiscal year; requires the Executive Residence to maintain a
system for tracking and classifying reimbursable events; and
specifies that the Executive Residence is not exempt from the
requirements of subchapter I or II of chapter 37 of title 31,
United States Code.
Language under ``White House Repair and Restoration''
provides funds for the repair, alteration and improvement of
the Executive Residence at the White House; and allows funds to
remain available until expended.
Language under Council of Economic Advisors ``Salaries and
Expenses'' is provided for necessary expenses in carrying out
the Employment Act of 1946.
Language under National Security Council and Homeland
Security Council ``Salaries and Expenses'', provides for
services authorized by 5 U.S.C. 3109.
Language under Office of Administration, ``Salaries and
Expenses'', provides funds for continued modernization of the
information technology infrastructure within the Executive
Office of the President, to remain available until expended,
and provides for services authorized by 5 U.S.C. 3109 and 3
U.S.C. 107, and for the hire of vehicles.
Language under Office of Management and Budget, ``Salaries
and Expenses'', provides funds for expenses, services
authorized by 5 U.S.C. 3109, the hire of vehicles; carrying out
provisions of chapter 35 of 44 U.S.C., and to prepare the
budget request; specifies funds for official representation
expense; prohibits the review of agricultural marketing orders;
prohibits the use of funds for the purpose of altering the
transcript of testimony except for OMB officials; prohibits the
use of funds for evaluating or determining if water resource
project or study reports submitted by the Chief of Engineers
are in compliance with all applicable laws, regulations, and
requirements; and specifies the amount of time to perform
budgetary policy reviews of water resource matters on which the
Chief of Engineers has reported before the report is considered
approved, and specifies notification requirements; requires
consultation with House and Senate standing committees with
respect to the number of printed and electronic versions of the
fiscal year 2015 budget that should be provided by OMB; and
prohibits the obligation of certain funds until the President's
budget for fiscal year 2015 is submitted.
Language under the Office of National Drug Control Policy,
``Salaries and Expenses'', provides funds for expenses,
research, official reception and representation expenses,
participation in joint projects, and allows for the acceptance
of gifts.
Language under Federal Drug Control Programs, ``High
Intensity Drug Trafficking Areas Program'', provides for the
transfer of funds to State, local and Federal entities.
Language is also included regarding the availability of funds,
specifying the amount of funds for auditing and associated
activities, requiring each designated High Intensity Drug
Trafficking Area to receive not less than the fiscal year 2013
base allocation unless the Director of the Office of National
Drug Control Policy determines otherwise and submits a report
to the Committees on Appropriations, and requiring reports
regarding initial allocations and discretionary funding.
Language under Federal Drug Control Programs, ``Other
Federal Drug Control Programs'' provides funds to support
matching grants to drug-free communities (with an amount
specified to be made available as directed by section 4 of
Public Law 107-82, as amended by Public Law 109-469), anti-
doping activities, the U.S. membership dues to the World Anti-
Doping Agency, drug courts and a competitive grant program.
Language also allows for transfers and makes funds available
until expended.
Language under ``Information Technology Oversight and
Reform'' provides funds for the furtherance of integrated,
efficient, secure, and effective uses of information
technology, to remain available until expended; allows funding
to be transferred to agencies to carry out projects; and
requires quarterly reports on identified savings by fiscal
year, agency and appropriation.
Language under Special Assistance to the President,
``Salaries and Expenses'', enables the Vice President to
provide assistance to the President, services authorized by 5
U.S.C. 3109 and 3 U.S.C. 106, subsistence, and the hire of
vehicles.
Language under Official Residence of the Vice President,
``Operating Expenses'', provides funds for operation and
maintenance of the official residence of the Vice President,
the hire of vehicles, official entertainment expenses and
provides for the transfer of funds as necessary.
In addition, the bill provides the following administrative
provisions:
Section 201. Language is included permitting the transfer
of not to exceed ten percent of funds between various accounts
within the Executive Office of the President, with advance
approval of the Committees on Appropriations.
Section 202. Language is included requiring the Director of
the Office of Management and Budget to report on the costs of
implementing the Dodd-Frank Wall Street Reform and Consumer
Protection Act (Public Law 111-203).
Section 203. Language is included prohibiting funds to
prepare, sign or approve statements abrogating legislation
passed by the House of Representatives and the Senate and
signed by the President.
Section 204. Language is included prohibiting funding to
prepare or implement Executive Orders in contravention of
existing law.
Title III--The Judiciary
Language is included under Supreme Court, ``Salaries and
Expenses'', providing for certain funds to remain available
until expended; the hire of passenger motor vehicles, official
reception and representation, and miscellaneous expenses.
Language is included under Supreme Court, ``Care of the
Building and Grounds'', permitting funds to remain available
until expended.
Language is included under Courts of Appeals, District
Courts, and Other Judicial Services, ``Salaries and Expenses'',
providing funds for the salaries of certain judges, and all
other employees not otherwise provided for; necessary expenses;
the purchase, rental, repair and cleaning of uniforms for
Probation and Pretrial Services Office staff; firearms and
ammunition; and specifies certain funds remain available for
certain periods for specific purposes. Language is also
included providing funding from the Vaccine Injury Compensation
Trust Fund for certain purposes.
Language is included under Defender Services, providing for
the compensation and reimbursement of expenses for attorneys,
investigative, expert and other services, the operation of
Federal Defender organizations, travel, training, general
administrative expenses and permitting funds to remain
available until expended.
Language is included under Fees of Jurors and
Commissioners, permitting funds to remain available until
expended and specifying limitations for the compensation of
land commissioners.
Language is included under Court Security, providing for
protective guard services and procurement, installation and
maintenance of security systems and equipment, building
ingress-egress control, inspection of mail and packages,
directed security patrols, perimeter security and services
provided by the Federal Protective Services. Language is
included permitting certain funds to remain available until
expended, which may be transferred to the United States
Marshals Service.
Language is included under Administrative Office of the
United States Courts, ``Salaries and Expenses'', providing for
travel, the hire of passenger motor vehicles, advertising and
rent in the District of Columbia. Language is included
specifying certain amounts for official reception and
representation expenses.
Language is included under Federal Judicial Center,
``Salaries and Expenses'', extending the availability of
certain funds for education and training, and specifying
certain amounts for official reception and representation
expenses.
Language is included under United States Sentencing
Commission, ``Salaries and Expenses'', specifying certain
amounts for official reception and representation expenses.
In addition, the bill provides the following administrative
provisions:
Section 301. Language is included permitting funds for
salaries and expenses to be available for the employment of
experts and consultant services as authorized by 5 U.S.C. 3109.
Section 302. Language is included permitting up to five
percent of any appropriation made available for fiscal year
2014 to be transferred between Judiciary appropriations
provided that no appropriation shall be decreased by more than
five percent or increased by more than ten percent by any such
transfer except in certain circumstances. In addition, the
language provides that any such transfer shall be treated as a
reprogramming of funds under sections 604 and 608 of the
accompanying bill and shall not be available for obligation or
expenditure except in compliance with the procedures set forth
in those sections.
Section 303. Language is included allowing not to exceed
$11,000 to be used for official reception and representation
expenses incurred by the Judicial Conference of the United
States.
Section 304. Language is included allowing a court security
pilot program.
Section 305. Language is included requested by the Judicial
Conference extending temporary judgeships in the eastern
district of Missouri, Kansas, Arizona, the northern district of
Alabama, the central district of California, the southern
district of Florida, New Mexico and the eastern district of
Texas.
Section 306. Language is included requiring the Judicial
Conference to develop a space management plan to reduce the
number of square feet funded by the Courts of Appeals, District
Courts, and Other Judicial Services, Salaries and Expenses
appropriation by fiscal year 2016.
Title IV--District of Columbia
Language is included under ``Federal Payment for Resident
Tuition Support'', permitting the amount appropriated to remain
available until expended; and specifying conditions for the
use, award, and financial accounting of funds.
Language is included under ``Federal Payment for Emergency
Planning and Security Costs in the District of Columbia'',
providing that the amount appropriated shall remain available
until expended for providing public safety at events, including
support of the United States Secret Service, and to respond to
terrorist threats or attacks.
Language is included under ``Federal Payment to the
District of Columbia Courts'': (1) providing all amounts under
this heading shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same
manner as funds appropriated for salaries and expenses of other
Federal agencies; (2) specifying certain amounts for specific
purposes; (3) allowing funds made available for capital
improvements to remain available until September 30, 2015, and
(4) providing for the reallocation of funds.
Language is included under ``Defender Services in the
District of Columbia Courts'': (1) providing that the amount
appropriated shall remain available until expended; (2)
specifying who shall administer these funds; and (3) providing
that all amounts under this heading shall be apportioned
quarterly by the Office of Management and Budget and obligated
and expended in the same manner as funds appropriated for
salaries and expenses of other Federal agencies.
Language is included under ``Federal Payment to the Court
Services and Offender Supervision Agency for the District of
Columbia'': (1) specifying certain amounts for specific
purposes and programs; (2) providing that all amounts under
this heading shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same
manner as funds appropriated for salaries and expenses of other
Federal agencies; and (3) authorizing the Director to accept
and use gifts to support offender and defendant programs; to
accept and use equipment, supplies, and vocational training
services necessary to sustain, educate, and train offenders and
defendants, including their dependent children; and specifying
for recording the acceptance of such gifts.
Language is included under ``Federal Payment to District of
Columbia Public Defender Service'': (1) providing that all
amounts under this heading shall be apportioned quarterly by
the Office of Management and Budget and obligated and expended
in the same manner as funds appropriated for salaries and
expenses of other Federal agencies; (2) and authorizing the
acceptance and use of voluntary and uncompensated services to
facilitate the work of the District of Columbia Public Defender
Service.
Language is included under ``Federal Payment to the
Criminal Justice Coordinating Council'', specifying that the
amount appropriated shall remain available until expended to
support initiatives related to the coordination of Federal and
local criminal justice resources.
Language is included under ``Federal Payment for Judicial
Commissions'', specifying certain amounts for certain
commissions and allowing for appropriations to remain available
until September 30, 2015.
Language is included under ``Federal Payment for School
Improvement'', allowing for appropriations to remain available
until expended for payments authorized under the Scholarship
for Opportunity and Results Act.
Language is included under ``Federal Payment for the
District of Columbia National Guard'', providing funds for the
National Guard Retention and College Access Program to remain
available until expended.
Language is included under ``Federal Payment for Testing
and Treatment of HIV/AIDS'' for testing and treatment.
Language is included under ``District of Columbia Funds'':
(1) providing funds as proposed in the Fiscal Year 2014
Proposed Budget and Financial Plan submitted to Congress by the
District of Columbia; (2) limits the amount provided in this
Act for the District of Columbia to the amount of the proposed
budget or the sum of total revenues; (3) providing conditions
for increasing the amount provided; and (4) directing the Chief
Financial Officer to ensure the District of Columbia meets all
requirements, but prohibits the reprogramming of capital
projects.
Title V--Independent Agencies
The bill includes the following administrative provisions
under the Bureau of Consumer Financial Protection (CFPB):
Section 501. Language is included repealing the prohibition
against the Committees on Appropriations reviewing transfers
from the Federal Reserve System to the CFPB.
Section 502. Language is included changing CFPB's source of
funding from transfers from the Federal Reserve System to
annual appropriations beginning in fiscal year 2015.
Section 503. Language is included requiring CFPB to make
transfer requests to the Federal Reserve System and the
response from Federal Reserve System available on the Bureau's
public website, in addition to requiring CFPB to notify
Congress of when it makes such a request and to describe in
detail how requested funds compare to the CFPB's budget
justification.
Section 504. Language is included requiring CFPB to submit
quarterly reports on its activities and to testify on its
activities when requested.
Language is included for the Consumer Product Safety
Commission, ``Salaries and Expenses'', that provides funds for
expenses, the hire of motor vehicles, services as authorized by
5 U.S.C. 3109 (with a limitation on rates for individuals),
official reception and representation expenses, and allowing
$500,000 to remain available until expended for a grant program
authorized by section 1405 of Public Law 110-140 (15 U.S.C.
8004).
Language is included under the Federal Communications
Commission, ``Salaries and Expenses'', permitting funds for
uniforms and allowances therefor, official reception and
representation expenses, purchase and hire of motor vehicles,
and special counsel fees. Language provides for the assessment
and collection of offsetting collections, authorizes retention
of such collections, and provides that they remain available
until expended. Language prohibits the availability for
obligation of excess collections. Language limits the use of
proceeds from the use of a competitive bidding system. Language
provides funding for the Office of Inspector General.
Language is included for the Federal Deposit Insurance
Corporation, ``Office of Inspector General'', that provides for
the funds to be derived from the Deposit Insurance Fund, and
the FSLIC Resolution Fund, or any successor to these funds.
Language is included for the Federal Election Commission,
``Salaries and Expenses'', that specifies funds for reception
and representation expenses.
Language is included for the Federal Labor Relations
Authority, ``Salaries and Expenses'', that provides funds for
services authorized by 5 U.S.C. 3109, the hire of experts and
consultants, hire of motor vehicles, reception and
representation expenses and the rental of conference rooms;
authorizes travel payments to public members of the Federal
Service Impasses Panel; and allows for fees collected to be
transferred to and merged with the appropriation.
Language is included for the Federal Trade Commission,
``Salaries and Expenses'', permitting funds for uniforms and
allowances therefor, services authorized by 5 U.S.C. 3109,
official reception and representation expenses, hire of motor
vehicles, and contract for collection services. Language
provides for the crediting and retention of certain fees.
Language also prohibits funds from being used to implement
subsection (e)(2)(B) of section 43 of the Federal Deposit
Insurance Act.
Language is included for the General Services
Administration, ``Federal Buildings Fund'', that allows for
revenues and collections to be deposited in the Fund; specifies
the conditions under which funds made available can be used;
limits the availability of funds for certain periods and
purposes, and requires spending plans.
Language is included for the General Services
Administration, ``Government-wide Policy'', that provides funds
for policy and evaluation activities associated with the
management of real and personal property assets and certain
administrative services; support responsibilities relating to
acquisition, telecommunications, information technology
management, and related technology activities; and services
authorized by 5 U.S.C. 3109. Language is included that limits
the availability of funds for certain purposes.
Language is included for General Services Administration,
``Real and Personal Property Management Disposal'', that
provides funds for expenses for activities associated with
personal and real property disposal, and services authorized by
5 U.S.C. 3109.
Language is included for General Services Administration,
``Office of the Administrator'', that provides funds for
expenses for activities associated with agency-wide policy
direction and management, other support services, and services
authorized by 5 U.S.C. 3109.
Language is included for General Services Administration,
``Civilian Board of Contract Appeals'', for necessary expenses.
Language is included for the General Services
Administration, ``Office of Inspector General'', that makes
certain funds available until expended and provides for awards
in recognition of efforts that enhance the office.
Language is included for the General Services
Administration, ``Information and Engagement for Citizens'',
that provides funds for the Office of Citizen Services and
other information technology costs. Language is also included
for the ``Federal Citizen Services Fund'' that authorizes funds
to be deposited in the Fund and limits the availability of
funds in the Fund.
In addition, the bill includes the following administrative
provisions under the General Services Administration (GSA):
Section 505. Language is included providing authority for
the use of funds for the hire of motor vehicles.
Section 506. Language is included providing that funds made
available for activities of the Federal Buildings Fund may be
transferred between appropriations with advance approval of the
Congress to apply to funds provided in prior appropriations
Acts.
Section 507. Language is included requiring funds proposed
for developing courthouse construction requests to meet
appropriate standards and the priorities of the Judicial
Conference.
Section 508. Language is included providing that no funds
may be used to increase the amount of occupiable square feet,
provide cleaning services, security enhancements, or any other
service usually provided, to any agency which does not pay the
requested rent.
Section 509. Language is included permitting GSA to pay
small claims (up to $250,000) made against the Federal
Government.
Section 510. Language is included requiring the
Administrator to ensure that the delineated area of procurement
for all lease agreements is identical to the delineated area
included in the prospectus unless prior notice is given to the
Committees.
Section 511. Language is included requiring GSA to have
both the authorization and appropriation for construction
before taking land from private land owners.
Section 512. Language is included requiring GSA to submit a
report on its Working Capital Fund.
Section 513. Language is included limiting the obligations
of the Working Capital Fund.
Section 514. Language is included requiring a report on GSA
training.
Section 515. Language is included requiring GSA submits a
report on employee salaries and awards and an evaluation of its
employee awards program.
Section 516. Language is included requiring GSA to release
publicly the Federal Real Property Reports for fiscal years
2011 and 2012.
Section 517. Language is included regarding to the
Integrated Acquisition Environment and System for Award
Management.
Section 518. Language is included that requires quarterly
reports about the Federal Buildings Fund portfolio, rental
rates, space utilization rates, and expenses.
Language is included for the Merit Systems Protection
Board, ``Salaries and Expenses'', that provides funds for
services authorized by 5 U.S.C. 3109, rental of conference
rooms, hire of passenger motor vehicles, direct procurement of
survey printing, official reception and representation
expenses, and administration expenses to adjudicate retirement
appeals, and provides for the transfer of some funds.
Language is included for the National Archives and Records
Administration, ``Operating Expenses'', that provides funds for
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901
et seq., including maintenance, repairs, and cleaning, the hire
of passenger motor vehicles, activities of the Public Interest
Declassification Board, the review and declassification of
documents, and the operations and maintenance of the electronic
records archive.
Language is included for the National Archives and Records
Administration, ``Office of Inspector General'', that provides
funds for the hire of motor vehicles.
Language is included for the National Archives and Records
Administration, ``Repairs and Restoration'', that provides
funds for the repair, alteration, improvement, and provision of
adequate storage; and provides that funds remain available
until expended.
Language is included under the National Archives and
Records Administration, ``National Historical Publications and
Records Commission Grants Program'', that provides funds for
allocations and grants for historical publications and records;
and provides that funds remain available until expended.
Language is included under the National Credit Union
Administration, ``Community Development Credit Union Revolving
Loan Fund'', that provides funds for technical assistance and
limits the availability of funds.
Language is included under the Office of Government Ethics,
``Salaries and Expenses'', that provides funds for services
authorized by 5 U.S.C. 3109, rental of conference rooms, hire
of passenger motor vehicles, and official reception and
representation expenses.
Language is included under the Office of Personnel
Management, ``Salaries and Expenses'', that provides funds for
services authorized by 5 U.S.C. 3109, medical examinations for
veterans, rental of conference rooms, hire of passenger motor
vehicles, official reception and representation expenses,
advances for reimbursements, payment of per diem and/or
subsistence allowances, the Enterprise Human Resources
Integration project, the Human Resources Line of Business
project, and the transfer of administrative expenses; limits
the availability of some funds; directs that provisions shall
not affect other authorities; prohibits funds for the Legal
Examining Unit; and authorizes the acceptance of donations
under certain conditions.
Language is included for the Office of Personnel
Management, Office of Inspector General, ``Salaries and
Expenses'', that provides funds for services authorized by 5
U.S.C. 3109, hire of passenger motor vehicles, rental of
conference rooms, and a transfer for administrative expenses.
Language is included for the Office of Special Counsel,
``Salaries and Expenses'', that provides funds for services
authorized by 5 U.S.C. 3109, payment of fees and expenses for
witnesses, rental of conference rooms, and the hire of
passenger motor vehicles.
Language is included for the Postal Regulatory Commission,
``Salaries and Expenses'', that provides for transfer of funds
from the Postal Service Fund.
Language is included for the Privacy and Civil Liberties
Oversight Board, ``Salaries and Expenses'', that makes funds
available until September 30, 2015.
Language is included for the Recovery Accountability and
Transparency Board ``Salaries and Expenses'', that provides
funds to develop and test information technology resources and
oversight mechanisms to enhance transparency and detect and
remediate waste, fraud, and abuse in Federal spending, and to
oversee disaster funds.
Language is included for the Securities and Exchange
Commission, ``Salaries and Expenses'', that provides for rental
of space, reception and representation expenses, a permanent
secretariat for the International Organization of Securities
Commissions, and consultations and meetings hosted by the
Commission. Language is included providing for information
technology initiatives and the economics division. Language is
included that provides for the crediting of offsetting
collections. Language provides for the assessment and
collection of offsetting collections, authorizes retention of
such collections, and provides that they remain available until
expended.
Language is included for the Selective Service System,
``Salaries and Expenses'', that provides funds for attendance
of meetings, training, hire of passenger motor vehicles,
services authorized by 5 U.S.C. 3109, and official reception
and representation expenses; authorizes certain exemptions
under certain conditions; and prohibits funds used in
connection with the induction of any person into the Armed
Forces of the United States.
Language is included for the Small Business Administration,
``Salaries and Expenses'', that provides for hire of motor
vehicles and official reception and representation expenses.
Language is also included to provide authority to charge fees
and credit such fees to the account without further
appropriation. Language is also included to fund grants.
Language is also included for the Loan Modernization and
Accounting System and co-sponsor activities.
Language is included for the Small Business Administration,
``Office of Inspector General'', that provides funds to carry
out the provisions of the Inspector General Act of 1978.
Language is included for the Small Business Administration,
``Office of Advocacy'', that provides funds to carry out the
provisions of the Independent Office of Advocacy Act of 2003
and the Regulatory Flexibility Act of 1980 and allows funds to
remain available until expended.
Language is included for the Small Business Administration,
``Business Loans Program Account'', limiting commitments for
certain guaranteed loan programs and for providing for the cost
of direct loans and guaranteed loans. Language is also included
authorizing the transfer of funds to ``Salaries and Expenses''
for administrative expenses.
Language is included for the Small Business Administration
``Disaster Loan Program Account'', that provides for the
transfer of funds to the ``Office of Inspector General'' and to
``Salaries and Expenses'' and allows funds to remain available
until expended.
Language is included allowing for the transfer of funds
between Small Business Administration appropriations.
Language is included for the United States Postal Service,
``Payment to the Postal Service Fund'', that provides funds for
revenue foregone; limits the availability of funds; stipulates
that mail for overseas voting and mail for the blind is free;
prohibits funds in this Act from being used to charge a fee to
a child support enforcement agency seeking the address of a
postal customer; and prohibits funds from being used to
consolidate or close small rural and other small post offices.
Language is included for the United States Postal Service,
``Office of Inspector General'', that provides for transfer
from the Postal Service Fund.
Language is included for the United States Tax Court,
``Salaries and Expenses'', that provides funds for contract
reporting and services authorized by 5 U.S.C. 3109, and that
travel expenses of the judges shall be paid upon the written
certificate of the judge.
General Provisions--This Act
In addition, the bill provides the following provisions
under this title:
Section 601. Language is included that continues the
provision prohibiting pay and other expenses for non-Federal
parties in regulatory or adjudicatory proceedings funded in
this Act.
Section 602. Language is included that continues the
provision prohibiting obligations beyond the current fiscal
year and prohibits transfers of funds unless expressly so
provided herein.
Section 603. Language is included that continues the
provision limiting procurement contracts for consulting service
expenditures to contracts that are matters of public record and
available for public inspection.
Section 604. Language is included that continues the
provision prohibiting transfer of funds in this Act without
express authority.
Section 605. Language is included that continues the
provision prohibiting the use of funds to engage in activities
that would prohibit the enforcement of section 307 of the 1930
Tariff Act.
Section 606. Language is included that continues the
provision concerning compliance with the Buy American Act.
Section 607. Language is included that continues the
provision prohibiting the use of funds by any person or entity
convicted of violating the Buy American Act.
Section 608. Language is included that continues the
provision specifying reprogramming procedures. The provision
requires that agencies or entities funded by the Act notify the
Committee and obtain prior approval from the Committee for any
reprogramming of funds that: (1) creates a new program; (2)
eliminates a program, project, or activity; (3) increases funds
or personnel for any program, project, or activity for which
funds have been denied or restricted by the Congress; (4)
proposes to use funds directed for a specific activity by
either the House or Senate Committees on Appropriations for a
different purpose; (5) augments existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is
less; (6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or (7) reorganizes
offices, programs, or activities. The provision also directs
the agencies funded by this Act to submit operating plans for
the Committee's review within 60 days of the bill's enactment.
Section 609. Language is included that continues the
provision providing that fifty percent of unobligated balances
may remain available for certain purposes.
Section 610. Language is included that continues the
provision prohibiting funding for the Executive Office of the
President to request a Federal Bureau of Investigation
background investigation except with the express consent of the
individual involved or in extraordinary circumstances involving
national security.
Section 611. Language is included that continues the
provision regarding cost accounting standards for contracts
under the Federal Employee Health Benefits Program.
Section 612. Language is included that continues the
provision regarding non-foreign area cost of living allowances.
Section 613. Language is included that includes language
prohibiting the expenditure of funds for abortion.
Section 614. Language is included that continues the
provision making exceptions to the preceding provision where
the life of the mother is in danger or the pregnancy is a
result of an act of rape or incest.
Section 615. Language is included that continues the
provision carried annually since 2004 waiving restrictions on
the purchase of non-domestic articles, materials, and supplies
in the case of acquisition of information technology by the
Federal government.
Section 616. Language is included that continues the
provision prohibiting officers or employees of any regulatory
agency or commission funded by this Act from accepting travel
payments or reimbursements from a person or entity regulated by
such agency or commission.
Section 617. Language is included that continues the
provision permitting the Securities and Exchange Commission and
Commodities Future Trading Commission to fund a joint advisory
committee to advise on emerging regulatory issues,
notwithstanding Section 708 of this Act.
Section 618. Language is included that includes language
prohibiting the obligation of funds in fiscal year 2014 from
the Securities and Exchange Commission Reserve Fund established
by the Dodd-Frank Wall Street Reform and Consumer Protection
Act. The Committee believes the Commission should request the
level of funding it believes is necessary in any given fiscal
year and not have access to reserve funding that is outside of
the Congressional review process.
Section 619. Language is included that continues the
provision requiring certain agencies to provide quarterly
reports on unobligated prior year balances after the end of the
quarter.
Section 620. Language is included that continues the
provision that requires certain agencies in this Act to consult
with the General Services Administration before seeking new
office space or making alterations to existing office space.
Section 621. Language is included that continues the
provision prohibiting funds for the Federal Trade Commission to
complete the draft report entitled ``Interagency Working Group
on Food Marketed to Children: Preliminary Proposed Nutrition
Principles to Guide Industry Self-Regulatory Efforts'' unless
the Interagency Working Group on Food Marketed to Children
complies with Executive Order 13563, including the requirement
in to provide quantified present and future benefits and costs.
Section 622. Language is included that modifies the
provision prohibiting funding for certain czars including the
White House Director of the Office of Health Reform, the
Assistant to the President for Energy and Climate Change, the
Senior Advisor to the Secretary of the Treasury assigned to the
Presidential Task Force on the Auto Industry and Senior
Counselor for Manufacturing Policy, and the White House
Director of Urban Affairs, or any substantially similar
positions.
Section 623. Language is included that continues the
provision prohibiting funds from being used by any agency in
this Act for any new hires not verified through the E-Verify
Program established under section 403(a) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1324a note).
Section 624. Language is included that continues the
provision prohibiting funding made available by this Act to be
used to enter into a contract, memorandum of understanding, or
cooperative agreement with, make a grant to, or provide a loan
or loan guarantee to, any corporation that was convicted of a
felony criminal violation under any Federal law within the
preceding 24 months, where the awarding agency is aware of the
conviction, unless an agency has considered suspension or
debarment of the corporation and has made a determination that
this further action is not necessary to protect the interests
of the Government.
Section 625. Language is included that continues the
provision prohibiting funding made available by this Act to be
used to enter into a contract, memorandum of understanding, or
cooperative agreement with, make a grant to, or provide a loan
or loan guarantee to, any corporation that has any unpaid
Federal tax liability that has been assessed, for which all
judicial and administrative remedies have been exhausted or
have lapsed, and that is not being paid in a timely manner
pursuant to an agreement with the authority responsible for
collecting the tax liability, where the awarding agency is
aware of the unpaid tax liability, unless an agency has
considered suspension or debarment of the corporation and has
made a determination that this further action is not necessary
to protect the interests of the Government.
Section 626. Language is included that includes language
providing for several appropriated mandatory accounts. These
are accounts where authorizing language requires the payment of
funds. The budget request assumes the following estimated cost
for the programs addressed in this provision: $450,000 for
Compensation of the President including $50,000 for expenses,
$126,931,000 for the Judicial Retirement Funds (Judicial
Officers' Retirement Fund, Judicial Survivors' Annuities Fund,
and the United States Court of Federal Claims Judges'
Retirement Fund), $11,404,000,000 for the Government Payment
for Annuitants, Employee Health Benefits, $53,000,000 for the
Government Payment for Annuitants, Employee Life Insurance, and
$9,178,000,000 for Payment to the Civil Service Retirement and
Disability Fund. In addition, language is included for certain
retirement, healthcare and survivor benefits required by 3
U.S.C. 102 note.
Section 627. Language is included that includes language
which amends the Virginia Graeme Baker Pool and Spa Safety Act
to allow for a greater number of States and municipalities to
qualify for the program.
Section 628. Language is included that includes a provision
directing the Comptroller General to conduct a cost-benefit
analysis of the Consumer Product Safety Improvement Act of
2008.
Section 629. Language is included that requires certain
regulatory agencies to provide a report on increasing public
participation in rulemaking, improving coordination among
Federal agencies, and identifying ineffective or excessively
burdensome regulations.
Section 630. Language is included that prohibits agencies
within this Act from spending funds on travel, conferences, or
employee awards programs that are not authorized by Federal
law, regulation, or Executive Order. No later than 90 days
after enactment of this Act, each Inspector General of a
department or agency, board or commission, Director of the
Administrative Office of the U.S. Courts, or senior ethics
official in agencies without inspectors general funded by this
Act shall report to the Committees on Appropriations of the
House and Senate as to whether the entity concerned has
effective procedures in place to ensure compliance with all
applicable Federal laws, regulations, and Executive Orders on
travel, conferences, and employee awards programs.
Section 631. Language is included that limits funds made
available for terrestrial broadband operations.
Section 632. Language is included that prohibits funds to
be used to eliminate or reduce funding for a program or project
unless such change is made pursuant to reprogramming or
transfer provisions.
Section 633. Language is included that provides new
language authorizing the Office of Personnel Management's
Inspector General to access funds from the Office of Personnel
Management's revolving fund to conduct oversight of revolving
fund activities.
Section 634. Language is included requiring the Department
of the Treasury and the General Services Administration to
submit certain information in the budget request.
General Provisions--Government-Wide
In addition, the bill provides the following provisions
under this title:
Section 701. Language is included requiring agencies to
administer a policy designed to ensure that all of its
workplaces are free from the illegal use of controlled
substances.
Section 702. Language is included establishing price
limitations on vehicles to be purchased by the Federal
Government with an exemption for the purchase of electric,
plug-in hybrid electric, and hydrogen fuel cell vehicles.
Section 703. Language is included allowing funds made
available to agencies for travel to also be used for quarter
allowances and cost-of-living allowances.
Section 704. Language is included prohibiting the
employment of noncitizens.
Section 705. Language is included giving agencies the
authority to pay General Services Administration bills for
space renovation and other services.
Section 706. Language is included allowing agencies to
finance the costs of recycling and waste prevention programs
with proceeds from the sale of materials recovered through such
programs.
Section 707. Language is included providing that funds made
available to corporations and agencies subject to 31 U.S.C. 91
may pay rent and other service costs in the District of
Columbia.
Section 708. Language is included prohibiting interagency
financing of groups absent prior statutory approval.
Section 709. Language is included prohibiting the use of
funds for enforcing regulations disapproved in accordance with
the applicable law of the U.S.
Section 710. Language is included limiting the amount of
funds that can be used for redecoration of offices under
certain circumstances.
Section 711. Language is included allowing for interagency
funding of national security and emergency telecommunications
initiatives.
Section 712. Language is included requiring agencies to
certify that a Schedule C appointment was not created solely or
primarily to detail the employee to the White House.
Section 713. Language is included prohibiting the payment
of any employee who prohibits, threatens or prevents another
employee from communicating with Congress.
Section 714. Language is included prohibiting Federal
training not directly related to the performance of official
duties.
Section 715. Language is included prohibiting, other than
for normal and recognized executive-legislative relationships,
propaganda, publicity and lobbying by executive agency
personnel in support or defeat of legislative initiatives.
Section 716. Language is included prohibiting any Federal
agency from disclosing an employee's home address to any labor
organization, absent employee authorization or court order.
Section 717. Language is included prohibiting funds to be
used to provide non-public information such as mailing,
telephone, or electronic mailing lists to any person or
organization outside the government without the approval of the
Committees on Appropriations.
Section 718. Language is included prohibiting the use of
funds for propaganda and publicity purposes not authorized by
Congress.
Section 719. Language is included directing agency
employees to use official time in an honest effort to perform
official duties.
Section 720. Language is included allowing the use of funds
to finance an appropriate share of the Federal Accounting
Standards Advisory Board.
Section 721. Language is included allowing agencies to
transfer $17,000,000 to the Government-wide Policy account of
the General Services Administration to finance an appropriate
share of various government-wide boards and councils.
Section 722. Language is included permitting breast feeding
in a Federal building or on Federal property if the woman and
child are authorized to be there.
Section 723. Language is included permitting interagency
funding of the National Science and Technology Council and
provides for a report on the budget and resources of the
National Science and Technology Council. The report should
include the entire budget of the National Science and
Technology Council.
Section 724. Language is included requiring documents
involving the distribution of Federal funds to indicate the
agency providing the funds and the amount provided.
Section 725. Language is included prohibiting the use of
funds to monitor personal access or use of Internet sites or to
collect, review, or obtain any personally identifiable
information relating to access to or use of an Internet site.
Section 726. Language is included requiring health plans
participating in the Federal Employee Health Benefits Program
to provide contraceptive coverage and provides exemptions to
certain religious plans.
Section 727. Language is included supporting strict
adherence to anti-doping activities.
Section 728. Language is included allowing funds for
official travel to be used by departments and agencies, if
consistent with OMB Circular A-126, to participate in the
fractional aircraft ownership pilot program.
Section 729. Language is included prohibiting funds for
implementation of Office of Personnel Management regulations
limiting detailees to the Legislative Branch, and implementing
limitations on the Coast Guard Congressional Fellowship
Program.
Section 730. Language is included restricting the use of
funds for Federal law enforcement training facilities.
Section 731. Language is included prohibiting Executive
Branch agencies from creating prepackaged news stories that are
broadcast or distributed in the United States unless the story
includes a clear notification within the text or audio of that
news story that the prepackaged news story was prepared or
funded by that executive branch agency. This provision confirms
the opinion of the Government Accountability Office dated
February 17, 2005 (B-304272).
Section 732. Language is included prohibiting use of funds
in contravention of section 552a of title 5, United States Code
(the Privacy Act) and regulations implementing that section.
Section 733. Language is included prohibiting funds from
being used for any Federal Government contract with any foreign
incorporated entity which is treated as an inverted domestic
corporation.
Section 734. Language is included requiring agencies to pay
a fee to the Office of Personnel Management for processing
retirement of employees who separate under Voluntary Early
Retirement Authority or who receive Voluntary Separation
Incentive payments.
Section 735. Language is included prohibiting funds to
require any entity submitting an offer for a Federal contract
or participating in an acquisition to disclose political
contributions.
Section 736. Language is included prohibiting funds for the
painting of a portrait of an employee of the Federal government
including the President, the Vice President, a Member of
Congress, the head of an executive branch agency, or the head
of an office of the legislative branch.
Section 737. Language is included concerning the non-
application of these general provisions to title IV and to
title VIII.
Section 738. Language is included that would prohibit
funding in the bill to pay more than 75 percent of the salary
of the Commissioner and any Deputy Commissioner of Internal
Revenue if the Internal Revenue Service agency does not comply
with certain Inspector General recommendations by July 1, 2014.
General Provisions--District of Columbia
In addition, the bill provides the following provisions
under this title:
Section 801. Language is included that appropriates funds
for refunding overpayments of taxes collected and for paying
settlements and judgments against the District of Columbia
government.
Section 802. Language is included prohibiting the use of
Federal funds for publicity or propaganda purposes.
Section 803. Language is included establishing
reprogramming procedures for Federal funds and authorizing
local funds reprogrammings and transfers through November 1,
2014.
Section 804. Language is included prohibiting the use of
Federal funds to provide salaries or other costs associated
with the offices of a United States Senator or Representative.
Section 805. Language is included restricting the use of
official vehicles to official duties.
Section 806. Language is included prohibiting the use of
Federal funds for any petition drive or civil action which
seeks to require Congress to provide for voting representation
in Congress for the District of Columbia.
Section 807. Language is included prohibiting the use of
Federal funds for needle exchange programs.
Section 808. Language is included regarding a ``conscience
clause'' on legislation that pertains to contraceptive coverage
by health insurance plans.
Section 809. Language is included prohibiting the use of
Federal funds to legalize or reduce penalties associated with
the possession, use, or distribution on any schedule I
substance under the Controlled Substances Act or any
tetrahydrocannabinols derivative.
Section 810. Language is included prohibiting the use of
funds for abortion except in the cases of rape or incest or if
necessary to save the life of the mother.
Section 811. Language is included requiring the Chief
Financial Officer (CFO) to submit a revised operating budget
for all agencies in the D.C. government, no later than 30
calendar days after the enactment of this Act that realigns
budgeted data with anticipated actual expenditures.
Section 812. Language is included requiring the CFO to
submit a revised operating budget for D.C. Public Schools, no
later than 30 calendar days after the enactment of this Act
that realigns school budgets to actual school enrollment.
Section 813. Language is included allowing the transfer of
local funds and capital and enterprise funds.
Section 814. Language is included prohibiting the
obligation of Federal funds beyond the current fiscal year and
transfers of funds unless expressly provided herein.
Section 815. Language is included to provide that not to
exceed 50 percent of unobligated balances from Federal
appropriations for salaries and expenses may remain available
for certain purposes.
Section 816. Language is included limiting references to
``this Act'' as referring to only this title and title IV.
Section 817. Includes a sense of Congress that the Congress
should not pass any legislation that authorizes spending cuts
that would increase poverty in the United States.
Title IX--Additional General Provisions
Section 901. Language is included prohibiting funds for the
Securities and Exchange Commission to require the disclosure of
political contributions, contributions to tax exempt
organizations, or dues paid to trade associations.
Section 902. Language is included prohibiting funds for the
collection of certain wire and electronic communication without
a warrant.
Section 903. Language is included prohibiting funds for the
Internal Revenue Service to target groups for regulatory
scrutiny based on their political beliefs and prohibiting funds
to issue regulations, revenue rulings, or interpretative
guidance relating to the primary purpose standard for purposes
of determining an organization's tax exempt status under
section 501(c)(4) of the Internal Revenue Code of 1986.
Section 904. Language is included prohibiting new budget
authority from exceeding the budget allocation in fiscal year
2014.
Appropriations Not Authorized by Law
Pursuant to clause 3(f)(1)(B) of rule XIII of the Rules of
the House of Representatives, the following table lists the
appropriations in the accompanying bill which are not
authorized by law for the period concerned:
Comparison With the Budget Resolution
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the
House of Representatives and section 308(a)(1)(A) of the
Congressional Budget Act of 1974, the following table compares
the levels of new budget authority and outlays provided in the
bill with the appropriate allocations made under section 302(b)
of the Budget Act.
BUDGETARY IMPACT PREPARED IN CONSULTATION WITH THE CONGRESSIONAL BUDGET
OFFICE
PURSUANT TO SEC. 308(A), PUBLIC LAW 93-344, AS AMENDED
Comparison of amounts in the bill with Committee
allocations to its subcommittees of amounts in the First
Concurrent Resolution of 2013:
SUBCOMMITTEE ON FINANCIAL SERVICES AND GENERAL GOVERNMENT
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
302b allocation This bill
---------------------------------------------------
Budget Budget
Authority Outlays Authority Outlays
----------------------------------------------------------------------------------------------------------------
General purpose discretionary............................... 16,966 19,711 16,966 19,707*
Mandatory................................................... 21,229 21,223 21,229 21,223
----------------------------------------------------------------------------------------------------------------
*Includes outlays from prior year budget authority.
Five-Year Outlay Projections
Pursuant to clause 3(c)(2) of rule XIII and section
308(a)(1)(B) of the Congressional Budget Act of 1974, the
following table contains five-year projections associated with
the budget authority provided in the accompanying bill, as
provided to the Committee by the Congressional Budget Office.
[In millions of dollars]
------------------------------------------------------------------------
Outlays
------------------------------------------------------------------------
2014........................................... 34,997
2015........................................... 2,170
2016........................................... -470
2017........................................... -505
2018 and future years.......................... -4,186
------------------------------------------------------------------------
*Excludes outlays from prior-year budget authority.
Financial Assistance to State and Local Governments
Pursuant to clause 3(c)(2) of rule XIII and section
308(a)(1)(C) of the Congressional Budget Act of 1974, the
Congressional Budget Office has provided the following
estimates of new budget authority and outlays provided by the
accompanying bill for financial assistance to State and local
governments.
[In millions of dollars]
------------------------------------------------------------------------
Budget
Authority Outlays
------------------------------------------------------------------------
Financial assistance to State and local 245 258*
governments for 2014.........................
------------------------------------------------------------------------
*Excludes outlays from prior-year budget authority.
Program Duplication
No provision of this bill establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Directed Rule Making
The bill does not direct any rule making.
Comparative Statement of New Budget (Obligational) Authority
The following table provides a detailed summary, for each
Department and agency, comparing the amounts recommended in the
bill with amounts enacted for fiscal year 2013 and budget
estimates presented for fiscal year 2014.
DISSENTING VIEWS
We want to start by thanking Chairman Crenshaw and his
staff for their work in sharing information and keeping a
professional process in place. It is a testament to our
personal and professional relationships that we are able to
talk these issues through in a respectful manner, despite the
disappointing bill before us.
The fiscal year (FY) 2014 bill approved by the Committee
provides net budget authority of $16.966 billion, a cut of
nearly $4.3 billion below the FY 2013 pre-sequester level and
more than $7 billion (29%) below the Administration's request.
Every Republican member of the Appropriations Committee
voted for the Ryan budget, which forces bad choices under a
thoroughly inadequate allocation, and against the Lowey
alternative allocation. To pretend that the truly abysmal
302(b) allocations came out of thin air is to deny reality.
With the House and Senate Appropriations Committees nearly $92
billion apart in 302(a) allocations, it remains a great mystery
how this gap will be bridged without at least raising the
question of a government shutdown. In the case of this bill,
which touches so many programs critical to the basic
functioning of government, at these levels, services will be
shut down, taxes will go uncollected, and consumers, investors,
and taxpayers will lose vital protections. Government cannot
function effectively at this laughable allocation.
The unsustainable cuts forced by the Subcommittee's
allocation will impact all citizens. For example, the Internal
Revenue Service (IRS) interacts with every taxpayer each year.
Under this bill, the IRS is slashed by $2.85 billion below the
FY13 pre-sequester level, and an astounding $3.85 billion, or
30%, below the level requested by the President. This will
force the IRS to eliminate 25,000 positions, which in turn will
cause the service level offered to plummet to an unprecedented
20%. Plainly speaking, this ensures that only 1 in 5 phone
calls from taxpayers will be answered at the IRS. That is
unacceptable. Further, we can be assured that tax cheats will
not be pursued as vigorously. In fact, the IRS projects that
the cuts in this bill will result in $12 billion in uncollected
revenue, thereby increasing the deficit. It does not make
economic or budgetary sense to cut the IRS budget so severely
because honest taxpayers will have trouble getting their
questions answered, tax cheats will go free, revenue will go
uncollected, and deficits will grow.
Moreover, this bill does not adequately ensure that our
financial markets are policed appropriately. By not providing
needed resources for the Securities and Exchange Commission
(SEC), this bill invites mischief in our markets. A cut of $303
million below the President's request leads to less enforcement
and hinders the ongoing implementation of the Dodd-Frank Wall
Street Reform and Consumer Protection Act. Dodd-Frank is the
law of the land and was enacted to deter truly outrageous
behavior in our financial sector. Without proper SEC
enforcement, how can we expect to stop malfeasance from
happening again, much less move our markets forward to more
stability? It is important to note that funding for the SEC is
deficit-neutral, as the agency is fee-funded. Therefore, fully
funding the agency at the President's request would not cost
the taxpayers a dime, but would make significant strides in
greater enforcement, in promulgation of Dodd-Frank required
rules, and in improvements to the agency's information
technology infrastructure.
As our nation's landlord, superintendent and developer, the
General Services Administration (GSA) must have resources to
support the missions of all other federal agencies. This bill
dramatically reduces our investment in infrastructure in a time
when we need to be putting citizens to work. Further, the bill
provides only 85% of the funds needed to pay the federal
government's rent to private landlords, all but ensuring that
the government will default on leases, close facilities, and
breach contracts. This will raise costs in outyears, thereby
eradicating the ``savings'' achieved this year.
Several smaller programs are eliminated in this bill,
including funding for the Election Assistance Commission (EAC).
Despite ongoing attempts to hamstring the agency, the EAC
remains vital to ensuring the integrity and accessibility of
our nation's elections. Given the recent history of
controversies and mismanagement in several states, it is unwise
to defund this agency.
In the instances of the IRS, SEC, and GSA, the proposed
cuts in this bill will actually increase costs in the future
through reduced revenue, diminished enforcement, and higher
lease costs. In the case of other agencies within the bill,
particularly those with budgets almost entirely composed of
fixed costs, the bill will force furloughs, which will reduce
vital services to the public. Overall, these cuts are not
saving taxpayer dollars; they are ensuring reduced services at
higher costs.
In addition to the severe cuts in this bill, we are also
distressed that it includes several controversial policy riders
that have nothing to do with the allocation and everything to
do with partisan politics. The bill once again interferes in
the District of Columbia's local affairs, restricting the
District from spending its own funds in the provision of
abortion services for low-income individuals. The bill further
invades the rights of citizens by dismissing the overwhelming
approval of a referendum providing local funds budget autonomy
beginning in fiscal year 2015. The vote on budget autonomy is
more than an expression of the opinion of District's residents;
it is an exercise of their legal and fundamental rights. This
micromanagement of the District is not the proper role of
Congress.
There are further restrictions in the bill that prevent
implementation of the individual mandate required in the
Patient Protection and Affordable Care Act, and a prohibition
on the provision of the full range of reproductive services
coverage for all health benefits programs provided under the
Act. These issues have long been settled, and it is
inappropriate to use the Appropriations process to unwind
current law.
Democrats attempted to address many of these inadequacies
through the amendment process in Committee. Unfortunately, our
colleagues on the other side rejected all efforts to improve
the funding allocation and to remove those riders which
preclude compromise in the Appropriations process.
We appreciate the efforts the Chairman made to adequately
fund the Small Business Administration, the Community
Development Financial Institutions (CDFI) Fund, the Federal
Judiciary, and anti-terrorism programs at the Department of
Treasury. However, these are very small bright spots in an
otherwise dismal bill. The functions carried out by agencies in
this bill are vital to taxpayers, consumers, businesses, and
the economy as a whole. Shortchanging these functions does
nothing to help our economy recover, create jobs, or reduce the
deficit; in fact, this bill makes our markets less secure,
reduces spending on infrastructure, and increases the deficit.
In its current form, we cannot support the bill.
Nita M. Lowey.
Jose E. Serrano.