[Senate Report 114-97]
[From the U.S. Government Publishing Office]
Calendar No. 176
114th Congress } { Report
SENATE
1st Session } { 114-97
======================================================================
FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS BILL, 2016
_______
July 30, 2015.--Ordered to be printed
_______
Mr. Boozman of Arkansas, from the Committee on Appropriations,
submitted the following
REPORT
[To accompany S. 1910]
The Committee on Appropriations reports an original bill
(S. 1910) making appropriations for financial services and
general government for the fiscal year ending September 30,
2016, and for other purposes, reports favorably thereon without
amendment and recommends that the bill do pass.
Amounts of new budget (obligational) authority for fiscal year 2016
Total of bill as reported to the Senate................. $42,101,686,000
Amount of 2015 appropriations........................... 43,190,700,000
Amount of 2016 budget estimate.......................... 46,789,418,000
Bill as recommended to Senate compared to--
2015 appropriations................................. -1,089,014,000
2016 budget estimate................................ -4,687,732,000
CONTENTS
----------
Page
Overview and Summary of the Bill................................. 5
Program, Project, and Activity................................... 5
Reprogramming Guidelines......................................... 5
Relationship With Budget Offices................................. 6
Congressional Budget Justifications.............................. 7
Agency Reports................................................... 7
Antideficiency Act Violations.................................... 8
Title I: Department of the Treasury:
Departmental Offices......................................... 10
Department-wide Systems and Capital Investments Programs. 14
Office of Inspector General.............................. 15
Treasury Inspector General for Tax Administration........ 16
Special Inspector General for the Troubled Asset Relief
Program................................................ 18
Financial Crimes Enforcement Network......................... 18
Treasury Forfeiture Fund..................................... 20
Bureau of the Fiscal Service................................. 20
Alcohol and Tobacco Tax and Trade Bureau..................... 21
United States Mint........................................... 22
Community Development Financial Institutions Fund............ 22
Bureau of Engraving and Printing............................. 24
Internal Revenue Service..................................... 25
Taxpayer Services........................................ 29
Enforcement.............................................. 33
Operations Support....................................... 38
Business Systems Modernization........................... 39
Administrative Provisions--Internal Revenue Service...... 40
Administrative Provisions--Department of the Treasury........ 41
Title II: Executive Office of the President and Funds
Appropriated to the President:
The White House.............................................. 43
Executive Residence at the White House....................... 44
White House Repair and Restoration........................... 44
Council of Economic Advisers................................. 44
National Security Council and Homeland Security Council...... 45
Office of Administration..................................... 45
Office of Management and Budget.............................. 46
Office of National Drug Control Policy....................... 48
Federal Drug Control Programs:
High Intensity Drug Trafficking Areas Program............ 49
Other Federal Drug Control Programs...................... 49
Unanticipated Needs.......................................... 50
Information Technology Oversight and Reform.................. 50
Special Assistance to the President.......................... 52
Official Residence of the Vice President..................... 53
Administrative Provisions--Executive Office of the President
and Funds Appropriated to the President.................... 53
Title III: The Judiciary:
Supreme Court of the United States........................... 54
Care of the Building and Grounds......................... 55
United States Court of Appeals for the Federal Circuit....... 55
United States Court of International Trade................... 56
Courts of Appeals, District Courts, and Other Judicial
Services................................................... 56
Vaccine Injury Compensation Trust Fund................... 57
Defender Services........................................ 58
Fees of Jurors and Commissioners......................... 59
Court Security........................................... 59
Administrative Office of the United States Courts............ 60
Federal Judicial Center...................................... 61
United States Sentencing Commission.......................... 61
Administrative Provisions--The Judiciary..................... 61
Title IV--District of Columbia:
Federal Payments:
Federal Funds............................................ 63
Federal Payment for Resident Tuition Support............. 63
Federal Payment for Emergency Planning and Security Costs
in the District of Columbia............................ 64
Federal Payment to the District of Columbia Courts....... 64
Federal Payment for Defender Services in District of
Columbia Courts........................................ 65
Federal Payment to the Court Services and Offender
Supervision Agency for the District of Columbia........ 65
Federal Payment to the Public Defender Service for the
District of Columbia................................... 66
Federal Payment to the District of Columbia Water and
Sewer Authority........................................ 67
Federal Payment to the Criminal Justice Coordinating
Council................................................ 67
Federal Payment for Judicial Commissions................. 68
Federal Payment for School Improvement................... 69
Federal Payment for the D.C. National Guard.............. 70
Federal Payment for HIV/AIDS Prevention.................. 70
Federal Payment for Climate Risk Management.............. 70
Federal Payment for DC Solar Power Initiative............ 71
Federal Payment for St. Elizabeths East Campus
Development............................................ 71
Federal Payment for Supportive Housing................... 71
Federal Payment for Arts and Cultural Affairs Grants..... 71
Federal Payment for Mass Transit Innovation Plan......... 72
District of Columbia Funds................................... 72
Title V--Independent Agencies:
Administrative Conference of the United States............... 73
Bureau of Consumer Financial Protection...................... 73
Commodity Futures Trading Commission......................... 74
Consumer Product Safety Commission........................... 77
Election Assistance Commission............................... 78
Federal Communications Commission............................ 79
Federal Deposit Insurance Corporation: Office of the
Inspector General.......................................... 82
Federal Election Commission.................................. 83
Federal Labor Relations Authority............................ 83
Federal Trade Commission..................................... 84
General Services Administration.............................. 85
Harry S Truman Scholarship Foundation........................ 93
Merit Systems Protection Board............................... 93
Morris K. Udall and Stewart L. Udall Foundation.............. 94
National Archives and Records Administration................. 95
National Credit Union Administration......................... 100
Office of Government Ethics.................................. 100
Office of Personnel Management............................... 101
Office of Special Counsel.................................... 105
Postal Regulatory Commission................................. 105
Privacy and Civil Liberties Oversight Board.................. 106
Recovery Accountability and Transparency Board............... 107
Securities and Exchange Commission........................... 107
Selective Service System..................................... 109
Small Business Administration................................ 110
United States Postal Service................................. 117
United States Postal Service Office of Inspector General..... 118
United States Tax Court...................................... 119
Statement Concerning General Provisions.......................... 119
Title VI--General Provisions--This Act........................... 121
Title VII--General Provisions--Governmentwide.................... 124
Title VIII--General Provisions--District of Columbia............. 128
Title IX-- Financial Regulatory Improvements..................... 130
Compliance With Paragraph 7, Rule XVI of the Standing Rules of
the
Senate......................................................... 131
Compliance With Paragraph 7(c), Rule XXVI of the Standing Rules
of the Senate.................................................. 132
Compliance With Paragraph 12, Rule XXVI of the Standing Rules of
the Senate..................................................... 132
Budgetary Impact of Bill......................................... 182
Comparative Statement of New Budget Authority.................... 183
OVERVIEW AND SUMMARY OF THE BILL
The Financial Services and General Government
appropriations bill provides funding for the Department of the
Treasury, including the Internal Revenue Service; the Executive
Office of the President; the Judiciary; the District of
Columbia; and more than two dozen independent Federal agencies.
The Committee recommends $42,101,686,000 in discretionary
and mandatory appropriations. This represents a decrease of
$1,089,014,000 below the fiscal year 2015 enacted level, and a
decrease of $4,687,732,000 below the budget request. Of the
total, $20,714,829,000 is provided in discretionary
appropriations, including $158,829,000 for the Small Business
Administration Disaster Loans Program Account designated by
Congress as disaster relief pursuant to Public Law 112-25. This
discretionary amount is $4,661,421,000 below the budget request
of $25,376,250,000. Mandatory appropriations less scorekeeping
adjustments total $21,386,857,000.
PROGRAM, PROJECT, AND ACTIVITY
During fiscal year 2016, for the purposes of the Balanced
Budget and Emergency Deficit Control Act of 1985 (Public Law
99-177), as amended, with respect to appropriations contained
in the accompanying bill, the terms ``program, project, and
activity'' [PPA] shall mean any item for which a dollar amount
is contained in appropriations acts (including joint
resolutions providing continuing appropriations) or
accompanying reports of the House and Senate Committees on
Appropriations, or accompanying conference reports and joint
explanatory statements of the committee of conference.
REPROGRAMMING GUIDELINES
The Committee includes a provision (section 608)
establishing the authority of agencies to reprogram funds and
the limitation on that authority. The provision specifically
requires the advance approval of the House and Senate
Committees on Appropriations of any proposal to reprogram funds
that: (1) creates a new program; (2) eliminates a program,
project, or activity [PPA]; (3) increases funds or personnel
for any PPA for which funds have been denied or restricted by
the Congress; (4) proposes to redirect funds that were directed
in such reports for a specific activity to a different purpose;
(5) augments an existing PPA in excess of $5,000,000 or 10
percent, whichever is less; (6) reduces an existing PPA by
$5,000,000 or 10 percent, whichever is less; or (7) creates,
reorganizes, or restructures offices differently than the
congressional budget justifications or the table at the end of
the Committee report, whichever is more detailed.
The Committee retains the requirement that each agency
submit an operating plan to the House and Senate Committees on
Appropriations not later than 60 days after enactment of this
act to establish the baseline for application of reprogramming
and transfer authorities provided in this act. Specifically,
each agency should provide a table for each appropriation with
columns displaying the budget request; adjustments made by
Congress; adjustments for rescissions, if appropriate; and the
fiscal year enacted level. The table shall delineate the
appropriation both by object class and by PPA. The report must
also identify items of special congressional interest.
The Committee expects the agencies and bureaus to submit
reprogramming requests in a timely manner and to provide a
thorough explanation of the proposed reallocations, including a
detailed justification of increases and reductions and the
specific impact the proposed changes will have on the budget
request for the following fiscal year. Except in emergency
situations, reprogramming requests should be submitted no later
than June 30.
The Committee expects each agency to manage its programs
and activities within the amounts appropriated by Congress. The
Committee reminds agencies that reprogramming requests should
be submitted only in the case of an unforeseeable emergency or
a situation that could not have been anticipated when
formulating the budget request for the current fiscal year.
Further, the Committee notes that when a Department or agency
submits a reprogramming or transfer request to the Committees
on Appropriations and does not receive identical responses from
the House and the Senate, it is the responsibility of the
Department or agency to reconcile the House and the Senate
differences before proceeding, and if reconciliation is not
possible, to consider the request to reprogram funds
unapproved.
RELATIONSHIP WITH BUDGET OFFICES
Through the years, the Committee has channeled most of its
inquiries and requests for information and assistance through
the budget offices of the various departments, agencies,
offices, and commissions. The Committee has often pointed to
the natural affinity and relationship between the budget
offices and the Committee which makes such a relationship
workable. The Committee reiterates its longstanding position
that while the Committee reserves the right to call upon any
office or officer in the departments, agencies, and
commissions, the primary conjunction between the Committee and
these entities must be through the budget offices. To help
ensure the Committee's ability to perform its responsibilities,
the Committee insists on having direct, unobstructed, and
timely access to the budget offices and expects to be able to
receive forthright and complete responses from those offices
and their employees.
The Committee expects timely agency compliance with
mandated reporting requirements. The Committee directs all
agencies from which reports are required to allow sufficient
time to secure any necessary internal and external clearances
of reports in order to satisfy congressional deadlines. The
Committee strongly urges agencies to alert the Committee as far
as possible in advance of any expected slippage in meeting a
report delivery due date.
CONGRESSIONAL BUDGET JUSTIFICATIONS
Budget justifications are prepared not for the use of the
agency, but instead are the primary tool used by the House and
Senate Committees on Appropriations to evaluate the resource
requirements and fiscal needs of agencies. The Committee is
aware that the format and presentation of budget materials is
largely left to the agency within presentation objectives set
forth by OMB. However, the Committee expects agencies to
consult with the Committees on Appropriations in advance
regarding any plans to modify the format of agency budget
documents to ensure that the data needed to make appropriate
and meaningful funding decisions is provided.
The Committee directs that justifications submitted with
the fiscal year 2017 budget requests by agencies funded under
this act must contain the customary level of detailed data and
explanatory statements to support the appropriations requests
at the level of detail contained in the funding table included
at the end of the report. Among other items, agencies shall
provide a detailed discussion of proposed new initiatives,
proposed changes in the agency's financial plan from prior year
enactment, and detailed data on all programs and comprehensive
information on any office or agency restructurings. At a
minimum, each agency must also provide adequate justification
for funding and staffing changes for each individual office.
Explanatory materials should compare programs, projects, and
activities that are proposed for fiscal year 2017 to the fiscal
year 2016 enacted level.
The Committee includes a general provision requiring that
agencies provide, as a component incorporated within their
fiscal year 2017 budget justification materials submitted to
the Committee, a separate table briefly describing the top
management challenges for fiscal year 2016 as identified by the
agency inspector general, along with an explanation of how the
fiscal year 2017 budget request addresses each such management
challenge.
The Committee is aware that the analytical materials
required for review by the Committee are unique to each agency
in this act. Therefore, the Committee expects that each agency
will coordinate with the House and Senate Committees on
Appropriations in advance on its planned presentation for its
budget justification materials in support of the fiscal year
2017 budget request.
AGENCY REPORTS
As a measure to reduce costs and conserve paper, the
Committee reminds agencies funded by this act that currently
provide separate copies of periodic reports (such as
Performance and Accountability Reports) and correspondence to
the chairs of the House and Senate Appropriations Committees
and Subcommittees on Financial Services and General Government,
and also to the ranking members of the committees and
subcommittees, to use a single cover letter jointly addressed
to the chairs and ranking members of the Committee and
subcommittee of both the House and the Senate. To the greatest
extent feasible, agencies should include in the cover letter a
reference or hyperlink to facilitate electronic access to the
report and provide the documents by electronic mail delivery.
Consolidating addressees and remitting a copy of the letter and
attachments to each recipient should expedite agency
processing. This should also help ensure that consistent
information is conveyed concurrently to the majority and
minority committee offices of both chambers of Congress.
ANTIDEFICIENCY ACT VIOLATIONS
The Antideficiency Act is a cornerstone of Federal fiscal
law. It forbids agencies from exceeding an appropriation,
apportionment, or allotment; from obligating funds before
Congress has appropriated them; and from accepting voluntary
services or employing personal services exceeding that
authorized by law. These prohibitions ensure that agencies
operate within amounts that Congress has appropriated and,
therefore, that agency activities are carried out in accordance
with the will of the people as expressed through Congress.
The Antideficiency Act requires agencies to immediately
report violations of the act to Congress and to the President
and to transmit a copy of each report to the Comptroller
General. These reports must include all relevant facts
pertaining to the violation and a statement of action taken.
These reports provide information essential to the Committee as
it performs oversight and as it considers agency funding
levels. Therefore, the Committee directs any agency funded by
this Act to concurrently transmit to the Subcommittee on
Financial Services and General Government a copy of any
Antideficiency Act violation report submitted pursuant to 31
U.S.C. section 1351 or 31 U.S.C. section 1517(b).
Cybersecurity.--Cybersecurity remains one of the most
significant challenges facing the Nation. Recent events have
demonstrated that the Federal Government faces an array of
cyber-based threats to its systems and data and the results
have proven disastrous to millions of Americans. The Committee
remains concerned that billions of Federal dollars are spent
each fiscal year yet there is no guarantee of security for
Americans. The Committee stresses the importance of the role of
the Federal CIO in protecting Federal assets and information
and strengthening the Federal Government's overall
cybersecurity infrastructure. The Committee is committed to
conducting oversight of agencies within its jurisdiction to
ensure that funding is being spent wisely and effectively while
ensuring that stronger cyber controls are in place. The
Committee encourages the Administration and agencies to enhance
their cyber strategies and allocate resources accordingly to
combat cybercrime and data breaches.
Paper Reduction Efforts.--The Committee is concerned about
the millions of taxpayer dollars spent on wasteful printing
practices each year and the lack of clear printing policies
within each of the agencies. While progress has been made to
better utilize the cloud and digitize records, little progress
has been made to reform in-house printing practices. The
Committee urges each agency to work with the Office of
Management and Budget to reduce printing and reproduction by 34
percent and directs each agency to report to the Committee
within 60 days after enactment of this act on what steps have
been taken to reduce printing volume and costs. The report
should specifically identify how much money each agency will be
saving.
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
Appropriations, 2015.................................... $210,000,000
Budget estimate, 2016................................... 331,837,000
Committee recommendation................................ 325,900,000
PROGRAM DESCRIPTION
The Secretary of the Treasury has the primary role in
formulating and managing the domestic and international tax and
financial policies of the Federal Government. The Secretary's
responsibilities funded by the Departmental Offices Salaries
and Expenses appropriation include: recommending and
implementing U.S. domestic and international economic and tax
policy; formulating fiscal policy; governing the fiscal
operations of the Government; executing the Nation's financial
sanction policies; disrupting and dismantling terrorist
financial infrastructure; protecting the United States and the
international financial system from terrorist financing, money
laundering, and other financial crimes; managing the public
debt; managing international development policy; representing
the United States on international monetary, trade, and
investment issues; overseeing Department of the Treasury
overseas operations; and directing the administrative
operations of the Department of the Treasury. The majority of
the Salaries and Expenses appropriation provides resources for
policy formulation and implementation in the areas of domestic
and international finance, terrorist financing and financial
crimes, tax, economic, trade, financial operations and general
fiscal policy. This appropriation also provides resources to
support the Secretary, policy components, and departmental
administrative policies in financial and personnel management,
procurement operations, and information systems and
telecommunications.
COMMITTEE RECOMMENDATION
The Committee recommends $325,900,000 for the Departmental
Offices account of the Department of the Treasury for fiscal
year 2016. The funding recommendations are made based on
information included in the budget justification.
The Committee recommends $112,500,000 within the
Departmental Offices account for the Office of Terrorism and
Financial Intelligence in order to support safeguarding
financial systems against illicit use and combating rogue
nations, terrorist facilitators, money launderers,
proliferators of weapons of mass destruction, and other
national security threats.
Student Debt.--The Committee notes that there is nearly
$1,200,000,000,000 in outstanding student loan debt, of which
$150,000,000,000 is in private student loans. More than 850,000
students have defaulted on their private student loans worth
more than $8,100,000,000. The Committee commends the Federal
bank regulators for efforts to encourage financial institutions
to work constructively with private student loan borrowers
experiencing financial difficulties and directs Treasury to
work with the Federal Deposit Insurance Corporation, the Office
of the Comptroller of the Currency, the National Credit Union
Administration, and the Federal Reserve to offer clear guidance
that protects taxpayers and is consistent with safety and
soundness principles recognizing the unique characteristics of
private student loans compared to other debt and providing
flexibility to lenders working with borrowers to avoid default.
Office of Financial Education.--The Committee is concerned
about the low level of financial literacy and numeracy skills
among the adult population of the United States, as one in
seven adults do not have basic financial literacy skills to
succeed in all but the most rudimentary financial literacy
tasks. The Committee encourages the Department to explore the
degree to which current Federal financial literacy programs
benefit those individuals with less than basic literacy skills
and to develop measurable goals and objectives for the
Financial Literacy and Education Commission that address the
needs of this population. Finally, the Committee urges the
Department to explore opportunities to work with community-
based adult and family literacy organizations as it promotes
and implements future financial literacy initiatives.
Wildlife Trafficking.--The Committee notes the recent
increase of illegal trade in rhinoceros horns, elephant ivory,
and illegally harvested timber, along with the large sums of
money that these products command on the black market. There
are indisputable linkages between these activities and the
financing of armed insurgencies and groups that threaten the
stability and development of African countries and pose a
threat to U.S. security interests. The Committee directs the
Department to use available resources to pursue and enforce
money laundering and other related laws as related to wildlife
trafficking and the illegal ivory trade. The Department shall
report to the Committee semiannually during fiscal year 2016 on
such enforcement actions and other steps taken to carry out the
Implementation Plan of the National Strategy on Wildlife
Trafficking during this fiscal year.
Agricultural Exports.--The Committee notes that expanding
export opportunities for U.S. agricultural producers remain a
critical opportunity for economic growth. U.S. agricultural
sales restrictions to Cuba have prevented U.S. producers from
unlocking their full market potential in Cuba. The Committee
directs the Department of the Treasury to coordinate with the
Department of Commerce and the Department of Agriculture to
conduct an assessment of the impact that recent policy and
regulatory changes to ease trade restrictions with Cuba have
had on the U.S. agricultural industry and the extent to which
remaining prohibitions on U.S. private financing or credit for
sales of U.S. agricultural commodities negatively affects small
U.S. exporters and farmers. The Department should report its
findings to the Committee no later than 120 days after
enactment.
Economic Sanctions and Divestments.--The Committee
recommendation includes resources for Terrorism and Financial
Intelligence programs. With these funds, the Department will
continue to implement and enforce economic and trade sanctions
consistent with national security and foreign policy goals.
These sanctions are a key tool for asserting U.S. policy toward
countries and entities under sanction. The Committee directs
the Department to fully implement all sanctions and divestment
measures, particularly those applicable to those supporting WMD
proliferation, terrorism, transnational organized crime, the
Islamic State of Iraq and the Levant, Russia, Belarus, North
Korea, Iran, Sudan, Syria, Venezuela, Zimbabwe and designated
rebel groups operating in and around the Democratic Republic of
Congo. The Committee directs the Department to promptly notify
the Committee of any resource constraints that adversely impact
the implementation of any sanctions program.
Iran Sanctions.--The Committee directs the Treasury
Department, prior to lifting of any sanctions designation
relating to Iran, to conduct a full review of a sanctioned
entity's behavior and report to the committee in writing
whether the entity continues to engage in any prohibited
activities. If Treasury determines an entity has engaged in
other activities for which it should be sanctioned, Treasury
shall either sanction the entity or provide a written
justification for why sanctions have not been imposed.
The Committee directs the Department to review each lifting
of sanctions against a designated entity relating to Iran 180
days after the lifting and determine in writing to the
Committee whether the entity has violated the terms of the
Joint Comprehensive Plan of Action or may be subject to other
U.S. sanctions.
The Committee also directs the Department to provide a
written assessment, which may include a classified annex, of
whether any previously sanctioned companies are contributing to
a clandestine nuclear weapons program in Iran.
The Committee is deeply concerned over reports that, for
the purpose of Iran sanctions relief, an arbitrary distinction
may be made between Iranian Revolutionary Guard Corps [IRGC]
and the IRGC's Al-Quds Force [IRGC-QF]. The Committee directs
the Department to submit a report within 60 days of enactment
on the financial benefit of JCPOA to both the IRGC and the
IRGC-QF, as well as any subsidiaries or affiliates of the IRGC
or IRGC-QF, and detail its views concerning whether there is
any separation between the organization and leadership of IRGC
and IRGC-QF.
Management of Capital Investments.--The Committee notes
that section 121 of the bill requires the Secretary of the
Treasury to develop an annual Capital Investment Plan, to be
submitted to the Committees on Appropriations of the Senate and
the House of Representatives within 30 days following
submission of the President's annual budget request. The
Committee directs the Department to include estimated funding
needs for the lifetime capital needs for each project, not just
for the budget year. The Committee also directs the Department
to include in the Capital Investment Plan meaningful and
understandable summaries of capital investments by project type
(e.g., information technology). The Committee directs the
Office of the Chief Information Officer to ensure that adequate
resources are devoted both to projects in the capital phase and
to proper maintenance and modernization of existing systems and
to ensure that all projects are tracked properly and described
completely in the annual Capital Investment Plan.
Tribal Advisory Committee.--The Tribal Advisory Committee
to the Secretary of the Treasury, established by Public Law
113-168, is intended to provide informed advice to the Treasury
Department and the Internal Revenue Service [IRS] on matters
relating to the taxation of Indians, the training and education
of IRS field agents who administer and enforce internal revenue
laws with respect to Indian tribes, and the training and
technical assistance of IRS field agents and tribal financial
officers with respect to implementation of the Tribal General
Welfare Exclusion Act and any amendments. In recognition of
this important function and the indispensable relationship
between the Government of the United States of America and
tribal nations, the Committee recommends that the Treasury
Department make every effort to appoint primarily tribal
officials to the Tribal Advisory Committee so as to facilitate
proper consultation with Indian nations and tribes in their
goal to provide for the general welfare of tribal citizens.
Mortgage Servicing Assets.--The Committee is concerned
that, in general, prudential regulators in the United States
have inappropriately applied certain standards developed by the
Basel Committee on Bank Supervision to community and regional
banks, when such standards were designed to address activities
of the large, globally systemic banking organizations. A
primary example of this is the Basel III capital standards for
mortgage servicing assets [MSAs], which have been applied to
all banks in the United States. There is no record that the
regulators undertook any study specifically evaluating the
impact of these capital requirements on community or regional
banks or recognized that the current markets for MSAs provide
liquidity and pricing information for MSAs. The Committee
recommends that the prudential regulators reconsider this rule
as it applies to community and regional banks, especially since
the current rule, although being phased in, could soon require
these banks to start selling MSAs into the market at an
artificial loss created by the rule's own impact. The Committee
does not believe that the Basel III capital rules on MSAs
should be applied to small and mid-size banks. Mortgage
servicing at community and regional banks constitute a core
financial services relationship with the bank's customers and
the communities they serve that should be encouraged, while
being appropriately regulated.
Remittances to East Africa.--The Committee is concerned
that the lack of a safe, transparent mechanism for transmitting
remittances to East Africa has the potential to worsen the
humanitarian and security challenges. Remittances are important
to the stability and development of Somalia, South Sudan, and
other countries in the region. The Administration recently
commenced an interagency effort led by the Treasury Department
and the National Security Council to identify solutions for how
to traceably transfer money to Somalia given the closure of
money service businesses. The Committee encourages the
Department of the Treasury, in cooperation with other
departments and international partners, to take the necessary
steps to prevent a large-scale disruption of remittances and to
support a sustainable mechanism to ensure the flow of
remittances with safeguards to prevent the financing of
terrorism. Within 30 days of enactment, the Treasury Department
shall notify the Committee of any impediments to addressing
this matter and proposals for overcoming the problems.
Cybersecurity.--The Committee supports investments in
financial cybersecurity research, and strongly urges the
Department of the Treasury, including the Office of Critical
Infrastructure Policy, to work with the National Science
Foundation, the Department of Homeland Security's Science and
Technology Directorate and its Homeland Security Advanced
Research Projects Agency, the Intelligence Advanced Research
Projects Activity, and others to leverage cybersecurity
research and efforts to protect our Nation where it is most
vulnerable.
Currency Report.--The Committee supports the efforts of the
Department of the Treasury to redesign Federal Reserve notes to
improve their security and to include the likenesses of women
who have made significant contributions to our Nation. The
Committee requests a comprehensive report from the Treasury on
its plans to redesign Federal Reserve notes including the costs
of all planned redesigns, plans to increase the security
features of such notes, and plans for establishing stable
standards and criteria for selecting the subjects of the
portraits for such notes.
DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2015.................................... $2,725,000
Budget estimate, 2016................................... 10,690,000
Committee recommendation................................ 5,000,000
PROGRAM DESCRIPTION
The 1997 Treasury and General Government Appropriations Act
established this account, which is authorized to be used by or
on behalf of Treasury bureaus at the Secretary's discretion to
modernize business processes and increase efficiency through
technology investments, as well as other activities that
involve more than one Treasury bureau or Treasury's interface
with other Government agencies.
COMMITTEE RECOMMENDATION
The Committee recommends $5,000,000 for Department-wide
Systems and Capital Investments Programs [DSCIP] for fiscal
year 2016.
The Committee notes that the DSCIP account has been
utilized to fund a wide variety of multiyear initiatives. Given
the complexity of these initiatives, the bill includes language
in section 120 directing the Department of the Treasury to
submit an annual Capital Investment Plan to the Committees on
Appropriations within 30 days after the President's budget
submission.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
Appropriations, 2015.................................... $35,351,000
Budget estimate, 2016................................... 35,416,000
Committee recommendation................................ 35,416,000
PROGRAM DESCRIPTION
As a result of the 1988 amendments to the Inspector General
Act, the Secretary of the Treasury established the Office of
Inspector General [OIG] in 1989.
The OIG conducts and supervises audits, evaluations, and
investigations designed to: (1) promote economy, efficiency,
and effectiveness and prevent fraud, waste, and abuse in
departmental programs and operations; and (2) keep the
Secretary and Congress fully and currently informed of problems
and deficiencies in the administration of departmental programs
and operations. The audit function provides program audit,
contract audit, 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 audit 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.
These audits contribute significantly to improved financial
management by helping Treasury managers identify improvements
needed in their accounting and internal control systems. The
evaluations function reviews program performance and issues
critical to the mission of the Department. The investigative
function provides for the detection and investigation of
improper and illegal activities involving programs, personnel,
and operations.
COMMITTEE RECOMMENDATION
The Committee recommends $35,416,000 for salaries and
expenses of the Office of Inspector General. This amount is
equal to the budget request and $65,000 above the fiscal year
2015 enacted level.
The Committee directs the Inspector General to utilize
funds provided to meet mandated audit requirements such as
information security in addition to other prioritized work
including Treasury's responsibilities as they relate to the
implementation of anti-money laundering programs and the
Community Development Financial Institutions Fund.
The Committee remains concerned about cyber-based threats
and recent data breaches at Federal agencies. The Committee
encourages the Inspector General to conduct oversight work on
the potential vulnerability of Treasury's networks and systems
including its physical security, continuous monitoring, and
strong authentication.
As outlined in the Inspector General's recent audit plan,
the Committee looks forward to reviewing work on the CDFI
Fund's overall administration of grants awarded under the core
program. Specifically, the Committee hopes to learn more about
whether funds are awarded to eligible recipients in accordance
with applicable laws and regulations; whether the CDFI Fund has
established and maintained internal control procedures and
oversight over grants; and whether there is a process for
measuring outcomes to ensure program objectives are achieved.
Inspector General Report on Treatment of Legacy Financial
Management Services Workers.--The Committee directs the
Department of the Treasury's Office of Inspector General [OIG]
to submit a report to the Committees on Appropriations within
120 days of enactment concerning the treatment of workers at
the Treasury Department's Bureau of the Fiscal Service who were
formerly employees of the Financial Management Service. The OIG
is directed to pay special attention to whether any employees
have faced intimidation, demotion, or actions that would
discourage the employees from continuing their employment with
the Bureau.
TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION
SALARIES AND EXPENSES
Appropriations, 2015.................................... $158,210,000
Budget estimate, 2016................................... 167,275,000
Committee recommendation................................ 167,275,000
PROGRAM DESCRIPTION
The Treasury Inspector General for Tax Administration
[TIGTA] was established by the IRS Restructuring and Reform Act
of 1998 (Public Law 105-206). TIGTA was created to provide
independent audit and investigative services necessary to
improve the quality and credibility of oversight of the
Internal Revenue Service [IRS] and ensure that the IRS is held
to a high level of accountability.
TIGTA conducts audits, investigations, and inspections and
evaluations to assess the operations and programs of the IRS
and related entities, the IRS Oversight Board and the Office of
Chief Counsel to (1) 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) recommend actions to resolve fraud and other serious
problems, abuses, and deficiencies in these programs and
operations, and keep the Secretary and Congress fully and
currently informed of these issues and the progress made in
resolving them.
The audit function provides program audit, limited contract
audit, and financial audit services. Program audits review and
audit all facets of the IRS and related entities in an effort
to improve IRS systems and operations, while ensuring fair and
equitable treatment of taxpayers. Contract audits focus on
invoices/vouchers submitted to the IRS to determine whether
charges are valid and to identify erroneous and improper
payments. The investigative function provides for the detection
and investigation of improper and illegal activities involving
IRS programs and operations and protects the IRS and related
entities against external attempts to corrupt or threaten the
administration of the tax laws.
During fiscal year 2014, TIGTA recovered, protected, and
identified monetary benefits totaling $16,600,000,000,
including $7,700,000,000 in potential increased and protected
revenue and $8,700,000,000 in potential cost savings. In fiscal
year 2014, the Office of Audit issued 95 audits, and the Office
of Investigations opened 2,964 investigations and closed 3,054
investigations.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $167,275,000
for TIGTA. This amount is $9,065,000 above the fiscal year 2015
enacted level and the same as the budget request. The Committee
recognizes the expansive workload that TIGTA has assumed as
well as considerable demands on its resources in order to be
responsive to Congress. The Committee acknowledges the
challenges TIGTA faces in adapting its oversight activities to
address increasingly complex and high-risk issues associated
with IRS operations, including protecting sensitive taxpayer
data, detection and investigation of fraud and electronic
crime, and review of procurement activities. The Committee
recognizes that growth in the size and workload of the IRS
generates concomitant increased work for TIGTA.
Since Fiscal Year 2011, TIGTA has designated the security
of taxpayer data as the top concern facing the IRS based on the
increased number and sophistication of threats to taxpayer
information and the need for the IRS to better protect taxpayer
data and improve its enterprise security program. In addition,
the IRS has declared its Information Security program as a
``significant deficiency'' from a financial reporting
standpoint, which means weaknesses in its internal control
environment are important enough to merit the attention of
those charged with IRS governance. The Committee directs TIGTA
to submit a report to the Committees on Appropriations of the
House and Senate not less than 6 months after enactment of this
Act describing the cyber attacks and attempted cyber attacks
against the agency and their consequences; the steps taken to
prevent, mitigate or otherwise respond to such attacks; the
cybersecurity policies and procedures in place, including
policies about ensuring safe use of computer and mobile devices
by individual employees; and a description of all outreach
efforts undertaken to increase awareness among employees and
contractors of cybersecurity risks.
The Committee relies on TIGTA's annual assessment of the
serious management challenges facing the IRS as it evaluates
resource needs. TIGTA highlighted the unabated problem of
identity theft tied to tax refunds among the predominant
challenges. The Committee notes that TIGTA has made numerous
recommendations for the IRS to institute or improve processes
that will bolster the IRS's ability to detect and prevent the
issuance of fraudulent tax refunds resulting from identity
theft. The Committee urges TIGTA to continue to assist the IRS
in improving its arsenal of tools to better serve innocent
taxpayer victims of identity theft and other schemes.
The IRS's use of inappropriate criteria for selecting and
reviewing applications for tax-exempt status is of continuing
concern to both Congress and organizations seeking tax-exempt
status. There have been a number of congressional hearings, as
well as ongoing Federal investigations into this matter. TIGTA
recently reported that the IRS has taken actions to eliminate
the selection of potential political cases based on names and
policy positions, expedite processing of 501(c)(4) social
welfare organization applications, and eliminate unnecessary
information requests. The Committee recognizes the extensive
investigative work TIGTA has conducted in an attempt to recover
e-mails from the former Director of Exempt Organizations. The
Committee understands TIGTA's investigation is still ongoing
and looks forward to receiving TIGTA's final report.
The Committee appreciates TIGTA's monitoring of the IRS's
implementation of the Patient Protection and Affordable Care
Act [ACA]. The ACA impacts individual and business taxpayers at
all income levels, IRS compliance and enforcement programs,
information reporting requirements, the administration of tax
penalties, and information technology. The IRS's ability to
ensure accurate tax returns are filed and information reported
is correct is dependent on the timely receipt of information
from exchanges, insurance providers, and employers. A further
challenge for the IRS is the fact that a number of the
reporting provisions relating to insurance providers and
employers have been delayed. TIGTA has issued numerous reports
related to the IRS's efforts to implement the Affordable Care
Act tax provisions. TIGTA remains concerned about the
protection of confidential taxpayer data that will be provided
to the Federal and State Exchanges. TIGTA also remains
concerned that the IRS's existing fraud detection system may
not be capable of identifying Affordable Care Act refund fraud
or schemes prior to the issuance of tax refunds. The Committee
encourages TIGTA to monitor IRS's ability to implement ACA.
SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF PROGRAM
SALARIES AND EXPENSES
Appropriations, 2015.................................... $34,234,000
Budget estimate, 2016................................... 40,671,000
Committee recommendation................................ 36,671,000
PROGRAM DESCRIPTION
The Emergency Economic Stabilization Act (Public Law 110-
343) established the Office of the Special Inspector General
for the Troubled Asset Relief Program [SIGTARP] to perform
audits and investigations of the Troubled Asset Relief Program
[TARP].
COMMITTEE RECOMMENDATION
The Committee recommends $36,671,000 for the SIGTARP for
fiscal year 2016. The recommendation is $4,000,000 below the
budget request because the SIGTARP will be able to utilize
carryover balances to fund a portion of fiscal year 2016.
Financial Crimes Enforcement Network
SALARIES AND EXPENSES
Appropriations, 2015.................................... $112,000,000
Budget estimate, 2016................................... 112,979,000
Committee recommendation................................ 112,979,000
PROGRAM DESCRIPTION
The Financial Crimes Enforcement Network [FinCEN], a bureau
within the Treasury Department's Office of Terrorism and
Financial Intelligence, is the largest overt collector of
financial intelligence in the United States. FinCEN's mission
is to safeguard the financial system from the abuses of
financial crime, including terrorist financing, money
laundering, and other illicit activity. FinCEN accomplishes its
mission by administering the Bank Secrecy Act, a collection of
statutes that form the Nation's antimoney laundering/
counterterrorist financing regulatory regime. As the delegated
administrator of the Bank Secrecy Act, FinCEN is responsible
for the development and implementation of regulations, rules,
and guidance issued under the Bank Secrecy Act. FinCEN also
oversees the work of eight Federal agencies with delegated
responsibility to examine various sectors of the financial
industry for compliance with the Bank Secrecy Act's
requirements. FinCEN is responsible for collecting,
maintaining, and disseminating the information reported by
financial institutions under the Bank Secrecy Act through a
Governmentwide access service. FinCEN is the United States'
Financial Intelligence Unit [FIU] and a founding member of the
Egmont Group of Financial Intelligence Units. As the United
States' FIU, FinCEN routinely shares information and cooperates
with other FIUs around the world to address the global problems
of terrorist financing, money laundering, and other illicit
activity.
COMMITTEE RECOMMENDATION
The Committee recommends $112,979,000 for the Financial
Crimes Enforcement Network [FinCEN].
The recommended funding will support several key FinCEN
budget priorities, including targeting examination and
enforcement efforts to high priority areas; expanding
understanding and analysis of illicit networks, institutions,
jurisdictions, and schemes; ensuring the Bank Secrecy Act
regulatory structure effectively and efficiently targets
illicit financing risks; managing the efficient collection,
processing, and retrieval of Bank Secrecy Act data; and
fostering strong public-private partnerships with the financial
industry.
Money Laundering of Cybercrime Proceeds.--The Committee
recognizes that major data security breaches are becoming more
common and are often orchestrated by sophisticated
cybercriminal enterprises that then monetize the data and
launder it through U.S. financial institutions. The Committee
notes FinCEN's history of supporting law enforcement cases that
combat cybercrime, 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. In addition to
analyzing financial flows for this important effort in the
course of ongoing strategic operations, FinCEN shall use this
data to ensure reporting institutions remain vigilant in
detecting the laundering of cybercriminal proceeds by issuing
an advisory to financial institutions on filing suspicious
activity reports [SARs] regarding specific cybercriminal
activities. The advisory should provide SAR filers a list of
trends, typologies, and red flag indicators that may
potentially signal cybercrime to be included in the narratives
of relevant SAR filings.
Human Trafficking.--The Committee recognizes that human
trafficking and slavery are frequently conducted by
transnational criminal organizations. The Committee notes
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. The
Committee appreciates FinCEN's work to ensure reporting
institutions remain vigilant in detecting the laundering of
human trafficking proceeds by issuing an advisory to financial
institutions in September 2014 on filing suspicious activity
reports [SARs] regarding human trafficking activities.
Treasury Forfeiture Fund
(RESCISSION)
The Committee recommends a rescission of $700,000,000 of
unobligated balances in the Treasury Forfeiture Fund.
Bureau of the Fiscal Service
SALARIES AND EXPENSES
Appropriations, 2015.................................... $348,184,000
Budget estimate, 2016................................... 363,850,000
Committee recommendation................................ 356,000,000
PROGRAM DESCRIPTION
The mission 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 provides
central payment services to Federal agencies and operates the
Federal Government's collections and deposit systems in
addition to providing Governmentwide accounting and reporting
services, managing the collection of delinquent debt owed to
the Federal Government, borrowing on behalf of the Federal
Government, and providing support services for other Federal
agencies on a reimbursable basis.
COMMITTEE RECOMMENDATION
The Committee recommends $356,000,000 for the Bureau of the
Fiscal Service. This amount is $7,816,000 above the fiscal year
2015 enacted level.
The Committee recognizes the Fiscal Service's
responsibilities related to implementation of the Digital
Accountability and Transparency Act of 2014 [DATA Act], and the
Committee's recommendation provides funding to support its
implementation. The Committee supports the Fiscal Service's
goal of improving governmentwide financial management through
transparency and accountability. The Committee provides funding
for activities associated with maintaining consistent,
reliable, and searchable governmentwide spending data on
USASpending.gov.
Do Not Pay Center.--The Committee directs the Bureau to
submit a report within 180 days of enactment of this act to the
Committees on Appropriations of the House and Senate on its
progress toward key goals of the Do Not Pay data analytics
center, including how the center incorporates comparisons of
payment and beneficiary enrollment lists for State programs
that use Federal funds to identify improper payments; reviews
of payments across Federal programs to identify payment
duplication; reviews of other information determined to be
effective; and interagency tools and practices for the
prevention and detection of waste and fraud. Furthermore, the
report should describe the metrics used to determine the extent
to which the analytic and investigatory efforts have helped
reduce improper payments, and plans for involving Inspectors
General. Finally, the report should include a schedule for
implementing these steps.
DATA Act.--The Committee is aware of the Department of
Treasury's actions to expand the Federal Funding Accountability
and Transparency Act [FFATA] to standardize and fully disclose
Federal agency expenditures, which incorporate steps to
simplify financial reporting and improve the quality of
spending data and for other activities related to DATA Act
implementation, and is supportive of those efforts. The
Department of Treasury is directed to inform the Committee of
developments in reaching these goals.
Alcohol and Tobacco Tax and Trade Bureau
SALARIES AND EXPENSES
Appropriations, 2015.................................... $100,000,000
Budget estimate, 2016................................... 101,439,000
Committee recommendation................................ 101,439,000
PROGRAM DESCRIPTION
The Alcohol and Tobacco Tax and Trade Bureau [TTB] is
charged with collecting revenue and protecting the public and
is responsible for enforcement of certain Federal laws and
regulations relating to alcohol and tobacco. TTB works directly
and in cooperation with others to maintain a sound revenue
management and collection system that continues to reduce the
regulatory burden, improve service, collect the revenue due,
and prevent tax evasion and other criminal conduct. TTB is also
responsible for preventing consumer deception, ensuring that
regulated products comply with Federal commodity, safety, and
distribution requirements, and providing customer service.
COMMITTEE RECOMMENDATION
The Committee recommends $101,439,000 for TTB for fiscal
year 2016. The Committee recognizes that TTB is tasked to
enforce alcohol, tobacco, and firearms provisions in the
Internal Revenue Code [IRC]. Within funds appropriated to the
Department of the Treasury, the Committee urges the Secretary
to prioritize alcohol and tobacco criminal enforcement by
providing sufficient resources to TTB to combat tax evasion and
enforce existing anti-illicit tobacco laws.
Labeling Program.--The surge of small brewers and wine
makers emerging in the domestic market has also meant a rapid
annual growth in the number of alcohol beverage label
applications submitted to the TTB. In recent years,
understaffing and outdated filing and processing procedures in
the Bureau's labeling program caused significant delays in
application approvals. These delays ultimately affected the
ability of the applicants to get their product to the market in
a timely manner. The Committee encourages the Bureau to make
strategic investments that will further streamline the approval
process to keep up with the volume of label applications and
reduce delays.
United States Mint
UNITED STATES MINT PUBLIC ENTERPRISE FUND
PROGRAM DESCRIPTION
The United States Mint manufactures coins, sells numismatic
and investment products, and provides for security and asset
protection. Public Law 104-52 established the U.S. Mint Public
Enterprise Fund [the Fund]. The Fund encompasses the previous
Salaries and Expenses, Coinage Profit Fund, Coinage Metal Fund,
and the Numismatic Public Enterprise Fund. The Mint submits
annual audited business-type financial statements to the
Secretary of the Treasury and to Congress in support of the
operations of the revolving fund.
The operations of the Mint are divided into two major
activities: manufacturing and sales (including circulating
coinage and numismatic and investment products); and
protection. The Mint is credited with receipts from its
circulating coinage operations, equal to the full cost of
producing and distributing coins that are put into circulation,
including depreciation of the Mint's plant and equipment on the
basis of current replacement value. Those receipts pay for the
costs of the Mint's operations, which include the costs of
production and distribution.
COMMITTEE RECOMMENDATION
The Committee recommends a spending level of $20,000,000
for circulating coinage and protective service capital
investments for the Mint.
Community Development Financial Institutions Fund
COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND PROGRAM ACCOUNT
Appropriations, 2015.................................... $230,500,000
Budget estimate, 2016................................... 233,523,000
Committee recommendation................................ 221,000,000
PROGRAM DESCRIPTION
The Community Development Financial Institutions Fund makes
investments in the form of grants, loans, equity investments,
deposits, and technical assistance grants to new and existing
community development financial institutions [CDFIs] through
the CDFI program. CDFIs include community development banks,
credit unions, venture capital funds, revolving loan funds, and
microloan funds, among others. Recipient institutions engage in
lending and investment for affordable housing, small business,
and community development within underserved communities. The
CDFI Fund administers the Bank Enterprise Award [BEA] Program,
which provides a financial incentive to insured depository
institutions to undertake community development financing
activities.
COMMITTEE RECOMMENDATION
The Committee recommends $221,000,000 for the CDFI Fund. Of
the amounts provided, $161,900,000 is for financial and
technical assistance grants, $15,000,000 is for Native
Initiatives, $21,000,000 is for the Bank Enterprise Award
Program, and $23,100,000 is for the administrative expenses for
all programs.
The Committee notes the CDFI Fund's ability to leverage
private sector investment in community development projects
such as affordable housing, retail development, and community
centers, as well as lending to small businesses. However, the
Committee is concerned about an overall lack of transparency
into many of the CDFI Fund's programs and nominal ability to
verify investment impacts. The Committee recognizes the CDFI
Fund released two independent studies that provided an initial
evaluation of CDFIs. The Committee expects to know how program
funding generates meaningful community impacts. Therefore, the
Committee directs the CDFI Fund to establish clear reporting
requirements and collect and evaluate performance data to
inform the Committee how the CDFI Fund is making a difference
in underserved populations and communities in the United
States.
The Committee strongly believes it is important to ensure
that CDFIs are delivering investments to the borrowers and
communities that need it most. However, it is difficult to
determine whether program goals are being achieved. As one
independent study reported, the CDFI industry lacks a set of
common definitions around key impact measurements, which could
be helpful for collecting impact data. In addition, the
independent study noted that the CDFI Fund experiences
disparate feedback from awardees and not enough CDFIs provide
necessary data. The Committee directs the CDFI Fund to continue
working to improve the quality and completeness of the data it
tracks, including validation of self-reported data, further
development of common definitions for use by the CDFI industry,
and the ability to fully account for investment activity in a
timely manner after an award has been issued. The Committee
also directs the CDFI Fund to continue taking steps to provide
a risk rating system for certified CDFIs.
Core Program.--The Committee recommends $161,900,000 for
the CDFI Fund to carry out its financial assistance and
technical assistance programs, including the Healthy Foods
Financing Initiative. The Committee believes that applicants
for CDFI awards should receive fair and equal consideration,
consistent with section 102 of the Riegle Community Development
and Regulatory Improvement Act of 1994 (Public Law 103-325),
including financial and technical assistance for lending and
investment in small businesses, affordable housing, community
development, and efforts to increase the availability of
affordable, healthy foods in underserved communities. The core
CDFI Program should be the source of awards allocations for
these purposes. The Committee looks forward to reviewing work
from the Inspector General on the CDFI Fund's overall
administration of grants awarded under the core program.
Specifically, the Committee hopes to learn more about whether
funds are awarded to eligible recipients' in accordance with
applicable laws and regulations; whether the CDFI Fund has
established and maintained internal control procedures and
oversight over grants; and whether there is a process for
measuring outcomes to ensure program objectives are achieved.
Bank Enterprise Award Program.--The Committee recommends
$21,000,000 for the Bank Enterprise Award [BEA] Program to
increase lending, investment, and service activities within
economically distressed communities. This program plays an
important role in providing financial services to underserved
communities across the country.
Native Programs.--The Committee recommends $15,000,000 for
grants, loans, and technical assistance and training programs
to benefit Native American, Alaskan Natives, and Native
Hawaiian communities in the coordination of development
strategies, increased access to equity investments, and loans
for development activities.
Non-Metropolitan and Rural Areas.--The Committee directs
Treasury to take into consideration the unique conditions,
challenges, and scale of non-metropolitan areas when designing
programs to address economic revitalization and community
development. The Committee notes that the CDFI Fund is required
by 12 U.S.C. 4706(b) to seek to fund a geographically diverse
group of award recipients, including those from non-
metropolitan and rural areas. In addition, the Committee
encourages funding to be used for projects that serve
populations living in persistent poverty counties as required
by Public Law 112-74.
Bond Guarantee Program.--The Committee includes a provision
enabling the Secretary of the Treasury to guarantee up to
$750,000,000 in bonds in fiscal year 2016, as authorized by
section 1134 of the Small Business Jobs Act of 2010 (Public Law
111-240). The bond guarantees will not result in a cost to the
taxpayer. The bonds are intended to support CDFI lending and
investment activities in underserved communities by providing a
source of long-term capital, and the funds raised through the
bonds will be used to capitalize new loans or refinance
existing loans.
Bureau of Engraving and Printing
PROGRAM DESCRIPTION
The Bureau of Engraving and Printing [BEP] has been the
sole manufacturer of U.S. paper currency for almost 150 years.
The origin of the BEP is traced to an act of Congress passed on
February 25, 1862, 12 Stat. 345, authorizing the Secretary of
the Treasury to issue a new currency--United States notes.
While this law was the cornerstone authority for the operations
of the engraving and printing division of the Treasury for many
years, it was not until an Act of June 20, 1874, 18 Stat. 100,
that the Congress first referred to this division as the
``Bureau of Engraving and Printing.'' The Bureau's status as a
distinct bureau within the Department of the Treasury was
solidified by section 1 of the Act of June 4, 1897, 30 Stat.
18, which placed all of the business of the BEP under the
immediate control of a director, subject to the direction of
the Secretary of the Treasury. The 1897 law is now codified in
31 U.S.C. 303.
The BEP designs, manufactures, and supplies Federal Reserve
notes and other security documents issued by the Federal
Government. The operations of the BEP are currently financed by
means of a revolving fund established in accordance with the
provisions of Public Law 656, August 4, 1950 (31 U.S.C. 181),
which requires the BEP to be reimbursed by customer agencies
for all costs of manufacturing products and services performed.
The BEP is also authorized to assess amounts to acquire capital
equipment and provide for working capital needs. No direct
appropriation is required to cover the activities of the BEP.
Internal Revenue Service
PROGRAM DESCRIPTION
The Internal Revenue Service [IRS] administers the Nation's
tax laws and collects the revenue that funds more than 92
percent of the Federal Government's operations and public
services. The IRS's mission is to provide taxpayers with
quality service by helping them understand and meet their tax
responsibilities and by applying the tax law with integrity and
fairness to all. The IRS focuses its enforcement programs
toward increasing voluntary tax compliance by deterring
taxpayers inclined to evade their tax obligations while
vigorously pursuing those who violate the law. Each year, IRS
employees deal directly with more American taxpayers than any
other institution, public or private.
Therefore, it is imperative that the American people have
faith in the credibility and impartiality of IRS. The Committee
is highly concerned with the IRS's fiscal year 2016 budget
request which seeks nearly $2,000,000,000 more than what was
enacted in fiscal year 2015. The IRS commissioner has stated
repeatedly that if IRS funding requests are not met, it
threatens Americans' voluntary tax compliance yet he has stated
that he has seen no erosion of voluntary compliance. According
to the Commissioner, with a growing economy, revenues have
surged to a record high, but he has admitted that is not
necessarily any sign of taxpayer's attitudes about voluntarily
complying with the tax code.
Unfortunately the IRS continues to ignore the impact of its
own behavior on the attitudes of taxpayers. When the IRS takes
actions that represent a serious breach of the trust of the
American people, it undermines taxpayers' faith in the
impartiality of the agency. The self-inflicted damage harms the
very credibility that is essential for our voluntary compliance
system to function. Americans have lost faith in the
institution and it is incumbent upon the agency to regain the
trust of the taxpayers.
Too often IRS leadership has identified congressional
oversight as a distraction that hampers execution of IRS
responsibilities. Unfortunately, to taxpayers these responses
appear to reflect a continued lack of accountability and a lack
of leadership. To repair that damage, there has to be
fundamental change in an agency culture that has given rise to
these issues--and that change must begin with complete
transparency and acceptance of responsibility.
Unfortunately there continues to be evidence of a culture
that is simply out of touch with taxpayers and their concerns.
When the IRS singles out certain groups for disparate treatment
it should not be surprised by the lasting impact such actions
have on taxpayer attitudes. When the IRS hires employees with
past performance or conduct issues, it does nothing to maintain
the public trust in tax administration or build confidence in
the IRS's ability to safeguard taxpayer's rights and privacy.
Making employee bonuses a priority does not help the IRS
regain the trust of taxpayers or raise confidence that the
agency will enforce tax laws impartially, without regard to an
individual's exercise of their constitutional rights. As was
the case in the previous fiscal year, in 2015 one of the IRS's
first actions after the enactment of their appropriations bill
was to announce they would pay out $67,000,000 in awards to
employees.
Once again, IRS management seems to have forgotten that
their most important customers aren't their own employees. They
are the American people. This is particularly evident with
respect to taxpayer services. The Committee is concerned about
the IRS's willingness to cut services to taxpayers in an effort
to garner support for increased resources. The Committee
provides the IRS with funds through four appropriations. While
some funds are designated for some specific taxpayer assistance
programs within those amounts, the IRS has significant
discretion as to how to apportion its funds to meet agency
requirements. Unfortunately as was evident during this tax
filing season, the IRS did not use that flexibility to make
taxpayer assistance a priority. In addition, the IRS had over
$1,000,000,000 available in additional resources, including
over $500,000,000 in user fees to supplement its
appropriations. The IRS made the decision to use the majority
of those resources to supplement operations support activities
rather than taxpayer services by transferring about 75 percent
less to taxpayer services in fiscal year 2015 compared to
fiscal year 2014.
Additional funding does not address the actions taken by
IRS that have breached the trust of the American people and
undermined taxpayers' faith in the system. The IRS has failed
to develop and implement a strategy for identifying and
delivering timely taxpayer assistance in the form and manner
most beneficial to taxpayers and cost-effective to the IRS. In
addition, the IRS has failed to protect the confidentiality of
sensitive taxpayer information including Social Security
information, date of birth and street address.
The Committee continues to be concerned with the IRS's role
in the implementation of the Patient Protection and Affordable
Care Act [ACA]. IRS has stated that the tax provisions of ACA
are a core activity, like all other tax administration.
However, concerns have been raised about potential fraudulent
claims related to premium tax credits and the security of
Federal tax data as the IRS provides data to health exchanges.
According to the Government Accountability Office [GAO], from
2010 to 2014, the IRS has already spent $1,100,000,000 on
implementation of ACA. IRS's fiscal year 2015 budget requested
$451,000,000 for ACA and the IRS is requesting another
$490,000,000 in fiscal year 2016, to be supplemented with user
fees and other resources.
COMMITTEE RECOMMENDATION
The Committee recommends a total of $10,475,000,000 for the
Internal Revenue Service for fiscal year 2016.
The Committee agrees with GAO, the National Taxpayer
Advocate, and TIGTA that the IRS needs to ensure available
resources are utilized as effectively as possible by
identifying opportunities to improve services while offering
the best possible mix of services to taxpayers. The Committee
stresses the importance of achieving program efficiencies and
cost savings. As the GAO observed, ``Additional funding is not
the only solution to performance declines across IRS. Although
resources are constrained, IRS has some flexibility in how it
allocates resources to ensure that limited resources are
utilized as effectively as possible.'' The Committee believes
the formation of IRS's Planning, Programming and Audit
Oversight office is overdue and hopes this office assists the
IRS in strategically managing its operations under current
funding levels as is expected of all Federal agencies.
User Fees.--Numerous user fees are collected by the IRS for
services provided by the IRS to taxpayers. Specifically, IRS
charges user fees for various activities that include assisting
taxpayers in complying with their tax liabilities, clarifying
the application of the tax code to particular circumstances,
and ensuring the quality of paid preparers of tax returns,
among others. Those fees are available for use by the IRS at
the discretion of the Commissioner. According to the IRS, it
determines the use of user fees based on agency-wide
requirements given the total IRS funding availability. In its
fiscal year 2016 budget request, IRS estimates $450,360,000 in
user fees will supplement its fiscal year 2016 funding. The IRS
has informed the Committee it intends to use $481,000,000 in
user fees in fiscal year 2015 and has more than $500,000,000
available in additional resources from reimbursable agreements
and prior year unobligated balances to supplement its
appropriations. The Committee agrees with GAO, the National
Taxpayer Advocate, and TIGTA that the IRS does not have a clear
plan for its resource-allocation decisions in an atmosphere of
fiscal austerity and budgetary constraints. As these decisions
are at the discretion of the Commissioner, the process lacks
transparency that could better inform Committee consideration
of appropriations requests. In response to these concerns, the
IRS's Wage & Investment Division [W&I] is collaborating with
the Taxpayer Advocate Service [TAS] on the development of a
ranking methodology for the major taxpayer service activities.
Its purpose is to balance cost savings the IRS can achieve by
automating service delivery options against the needs of
taxpayers for personal service. Although progress has been
made, it is not clear whether the IRS will devote the short-
term resources required to determine how it can better allocate
its resources over the long term. The Committee agrees with the
National Taxpayer Advocate and others that W&I should continue
to work with TAS to develop the best ranking methodology
possible. The Committee directs IRS to submit a user fee
spending plan within 60 days of enactment detailing planned
spending on its four appropriations accounts--Taxpayer
Services, Enforcement, Operations Support, and Business
Modernization Systems. Specifically, the Committee would like
to see how programs, investments, and initiatives funded
through each appropriations account are supported by user fees.
Cybersecurity.--The IRS is responsible for safeguarding a
vast amount of sensitive financial and personal data,
processing returns that contain confidential information for
over 100 million taxpayers. The agency needs to protect
taxpayer information from misuse, improper disclosure, or
destruction. This responsibility is even more complex given the
vast amount of data being sent and exchanged as part of ACA.
Since fiscal year 2011, TIGTA has designated the security of
taxpayer data as the top concern facing the IRS based on the
increased number and sophistication of threats to taxpayer
information and the need for the IRS to better protect taxpayer
data and improve its enterprise security program. The threats
to taxpayer data are constant. As we have just seen, criminals
obtained taxpayers' personal information which they now have
the ability to use to submit fraudulent returns to the IRS.
Securing IRS's systems and protecting taxpayers' information
should be a top priority for IRS.
Employee Performance and Conduct.--The Committee remains
concerned about TIGTA's findings relating to current and prior
employee performance and conduct. The Committee agrees with
TIGTA, that as the agency primarily responsible for
administering Federal tax law, the IRS must ensure that its
employees comply with the tax law in order to maintain the
public's confidence. The Committee is deeply concerned about
employees who fail to file taxes in a timely manner and claim
tax credits for which they are ineligible. In addition, the
Committee agrees with TIGTA that rehiring employees with known
conduct and performance issues presents increased risks to the
IRS and taxpayers. Rehiring employees with past misconduct does
nothing to rebuild the public's trust or build confidence in
the IRS's ability to protect taxpayer's rights and privacy. The
Committee prohibits funds for IRS employee bonuses and awards
that do not consider the conduct and tax compliance of such
employees; and also prohibits funds for hiring former IRS
employees without considering the employees past conduct and
tax compliance.
Budget Presentation for Staffing of New Initiatives.--The
Committee strongly believes that transparency in the budget
request documents is critical for congressional oversight and
informed decisionmaking. The Committee directs that the
justification materials submitted by the IRS to the Committee
for fiscal year 2017 should accurately reflect the anticipated
hiring dates for staff identified for proposed new initiatives.
The Committee expects that resources designated for hiring of
staff for new initiatives be predicated on the expected hiring
dates, and not assume that such planned hiring will occur on
one particular date during the fiscal year. The Office of
Management and Budget Circular A-11 suggests agencies consider
delays in recruiting and hiring when budgeting for staff.
TAXPAYER SERVICES
Appropriations, 2015.................................... $2,156,554,000
Budget estimate, 2016................................... 2,408,803,000
Committee recommendation................................ 2,246,554,000
PROGRAM DESCRIPTION
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.
According to the Taxpayer Assistance Blueprint, taxpayers
generally prefer self-assisted services, such as those found on
the IRS website, for tasks like getting a form or a publication
or getting information on their refund. Taxpayers prefer
assisted services, such as those available by telephone or at
IRS's Taxpayer Assistance Centers [TACs], for more complex
interactive tasks like responding to a notice. Overall, several
factors influence which service channel taxpayers prefer to
use, including the specific type of service sought, demographic
characteristics, channel awareness, channel access, taxpayer
attitudes, and previous behavior. The Committee encourages the
IRS to consult with the National Taxpayer Advocate to allocate
taxpayer services in the most effective way.
COMMITTEE RECOMMENDATION
The Committee recommends $2,246,554,000 for Taxpayer
Services. Bill language is included providing not less than
$5,600,000 for the tax counseling for the elderly program, not
less than $12,000,000 for low-income taxpayer clinic [LITC]
grants, not less than $12,000,000, to be available for 2 years,
for a community volunteer income tax assistance [VITA] matching
grant program for tax return preparation assistance and
$206,000,000 for the Taxpayer Advocate Service of which
$5,000,000 shall be devoted to assisting taxpayers impacted by
tax-related identity theft and refund fraud.
Providing quality taxpayer service is a critical component
of the IRS's efforts to help the taxpaying public understand
their tax obligation while making it easier to participate in
the tax system. The Committee is aware of the concerns raised
about providing adequate funding for Taxpayer Services. A
recent TIGTA report found that IRS's reduced budgets and
collection resources have resulted in declines in taxpayer
service, case closures, and dollars collected. The Committee
notes that the IRS has flexibility in how it allocates user
fees as well as transfer authority among appropriations
accounts. In fiscal year 2015, the IRS allocated fewer user
fees to Taxpayer Services, representing about a 75 percent
decline from fiscal year 2014, while increasing user fees to
its Enforcement and Operations Support accounts. The Committee
encourages the IRS to use resources available through user fee
revenues to augment the direct discretionary appropriation for
Taxpayer Services. In addition, the Committee recommendation
includes an additional $90,000,000 for measurable improvements
in taxpayer services and resolution of identity theft cases.
Telephone Level of Service.--The Committee acknowledges
that telephonic access to the IRS is important to promoting
voluntary compliance. In fiscal year 2015, IRS projected its
telephone level of service performance (the percentage of
callers seeking live assistance and receiving it) would be
about 38 percent and wait times would average about an hour. In
addition, IRS expected demand for assistors to increase about
20 percent from fiscal year 2014 in part due to ACA-related
questions, and expected assistors to answer about 27 percent
fewer calls. According to a recent TIGTA report, ``since Fiscal
Year 2010, decreases in the IRS's budget have resulted in the
reduction of 21 percent of Automated Collection Service [ACS]
contact representatives [which has] resulted in the ACS
answering 25 percent fewer taxpayer telephone calls since 2011.
Taxpayers whose calls were answered spent an average of eight
minutes (97 percent) longer waiting for a contact
representative.'' This is despite appropriated funding for
Taxpayer Services that was equal to that provided in fiscal
year 2014 when the telephone level of service was 64 percent.
The IRS has already indicated to the Committee that it expects
the level of service to decline again in fiscal year 2016 even
though the IRS's appropriations have not yet been determined.
While it is unclear to the Committee how IRS calculates future
telephone level of service performance it is clear that IRS has
the flexibility to supplement its Taxpayer Services
appropriation with user fees to prioritize taxpayer service
delivery. The Committee also expects the IRS to allocate its
fiscal year 2016 appropriated resources in a manner that
reflects taxpayer services as a top priority.
Taxpayer Assistance Centers.--Taxpayers can obtain face-to-
face assistance at TACs also known as walk-in sites. As part of
its service changes for 2014, IRS eliminated return preparation
at TACs and redirected taxpayers to volunteer sites and Free
File. In fiscal year 2014, taxpayers visited TACs 5.4 million
times, a decline of about 17 percent compared to the previous
year. In almost half of those visits, taxpayers received
assistance with account-related inquiries. TACs play an
important role in meeting the needs of underserved taxpayers,
including rural, elderly, disabled, English as a second
language, American Indian, and low income taxpayers. The
National Taxpayer Advocate expressed concern about the IRS's
future direction for taxpayer services, primarily that the IRS
will make service-related policy decisions that will leave this
vulnerable population behind. In response to a recent GAO
recommendation, IRS is developing a 6-year initiative to better
understand how taxpayers want to interact with the agency. The
initiative's overall goal is to provide taxpayers with secure
self-service options and to improve taxpayer service. TIGTA has
also identified areas in which the IRS could make more informed
business decisions when determining how to use its resources.
TIGTA reported that while the IRS reduced services at TACs, the
IRS's plans did not show to what extent the service cuts
lowered costs. Prior to the closure of any TACs, the Committee
directs the IRS to conduct a detailed analysis, similar to that
conducted by the department of the United Kingdom responsible
for the collection of taxes, Her Majesty's Revenue and Customs,
of the specific characteristics of taxpayer populations that
have utilized the TACs over the past decade (including
language, computer, and functional literacy). The IRS should
submit the report to the Committee containing a plan, including
well designed pilots, showing how the IRS will meet the needs
of those taxpayer populations in light of their unique
challenges and specific characteristics. In developing this
plan, the IRS should consult with the National Taxpayer
Advocate and external stakeholders, including the Taxpayer
Advocacy Panel, Volunteer Income Tax Assistance and Tax
Counseling for the Elderly grantees, and Low Income Taxpayer
Clinic grantees.
In addition, the report shall include a detailed
explanation of the IRS's methodology for selecting TACs for
closure, including the impact on compliance and additional
costs to taxpayers if the IRS reduces access to services. To
ensure that adequate steps are taken to solicit stakeholder
input, the Committee directs the IRS to take the following
actions prior to closing a TAC: provide public notice with
information about the area served by the office, including wait
times and transportation/Internet access constraints; conduct
at least one public hearing on the proposed closure; and report
to the Committee on the concerns raised by the communities
served by the office. In addition, the Committee directs the
IRS to publish on its Web site its most recent annual review of
each office proposed to be closed.
The Committee agrees with the National Taxpayer Advocate
and TIGTA that expanding Virtual Service Delivery, which
integrates video and audio technology, would allow taxpayers to
see and hear an assistor located at remote locations thus
enhancing the scope of activities taxpayers can undertake.
Taxpayers can use this technology to obtain many of the
services available at TACs. The Committee supports
recommendations for the IRS to establish a process to identify
the best locations for virtual face-to-face services.
Rural Service Delivery Issues.--Given the significant wait
times and deteriorating rate of response for assistance
provided through the national toll-free line, it is imperative
that TACs in rural areas are fully staffed and capable of
resolving taxpayer issues. The Committee notes with concern
that both the overall number of TACs declined and the number of
TACs currently staffed with only one employee continues to
increase.
Currently 67 TACs are staffed by only one employee, which
means those locations are often subject to unexpected closures
due to employee absence, and are subject to extended wait times
when there are more than projected taxpayer visits. Residents
in rural areas who cannot access assistance via phone due to
documented problems with wait times and unanswered phone calls,
and who are less likely to have reliable Internet access,
depend on the TACs as one of their only options for taxpayer
assistance. In rural areas taxpayers often must travel far
distances to reach a TAC location which they too often find is
unexpectedly closed due to a lack of staffing. The elimination
of funding for staff to travel and provide staffing at TAC
locations will only exacerbate this problem.
The Committee is concerned with decisions to significantly
reduce the availability of forms to rural taxpayers through the
Tax Form Outlet Program [TFOP] which was implemented without
adequate consultation with the TFOP sites or other stakeholders
and without providing a practical alternative for taxpayers
without access to the Internet. To rectify this situation, the
Committee directs the IRS to report to the Committee within 120
days of enactment the steps being taken to help alleviate
difficulties faced by rural taxpayers seeking guidance and
assistance to properly file their tax returns. Additionally,
the IRS is directed to report to the Committee the strategic
plan to improve taxpayer services for minority, rural, elderly,
disabled and low-income populations.
Taxpayer Services in Alaska and Hawaii.--Given the remote
distance of Alaska and Hawaii from the U.S. mainland and the
difficulty experienced by Alaska and Hawaii taxpayers in
receiving needed tax assistance by the national toll-free line,
it is imperative that the Taxpayer Advocate Service Centers in
these States are appropriately staffed and capable of resolving
taxpayer problems of the most complex nature. The Committee
directs the IRS to continue to staff each Taxpayer Advocate
Service Center in each of these States with a Collection
Technical Advisor and an Examination Technical Advisor in
addition to the current complement of office staff.
Community Volunteer Income Tax Assistance.--The Volunteer
Income Tax Assistance [VITA] and Tax Counseling for the Elderly
[TCE] programs are an important aspect of IRS efforts to
provide income tax preparation assistance programs for
underserved taxpayers, including rural, elderly, disabled,
English as a second language, American Indian, and low-income
taxpayers. According to the National Taxpayer Advocate, in
fiscal year 2014, VITA and TCE programs prepared approximately
3.5 million returns, an increase of about 27 percent over the
fiscal year 2009 level. The IRS does not capture the number of
taxpayers who are turned away from VITA or TCE sites because
the issues they need help with are ``out of scope.'' The
Committee agrees with the National Taxpayer Advocate that
insufficient funding combined with ``out of scope''
constraints, volunteer training restrictions, and tax
preparation software limitations may lead to the VITA and TCE
programs lacking the adequate infrastructure to meet the
specific needs of underserved taxpayers. The Committee
highlights a 2013 TIGTA recommendation for VITA and TCE
volunteer instructors, return preparers, audit reviewers, and
site coordinators to complete intake/interview and quality
review training annually. The Committee urges the IRS to ensure
that the sites are equipped with sufficient and properly
trained volunteers.
Taxpayer Survey.--The Committee believes that effective tax
administration requires that taxpayers understand from the
outset what they need to do to comply with the tax laws, and
that effective taxpayer service is key to taxpayer compliance
and building public trust in the IRS. Accordingly, the
Committee supports the National Taxpayer Advocate's development
and delivery of a survey to determine the willingness and
ability of individual taxpayers to obtain and utilize IRS
taxpayer service, and to identify the extent to which IRS
services and practices promote or serve as barriers to tax
compliance. The Committee supports the work undertaken by the
National Taxpayer Advocate and the IRS in developing the
Services Priority Project, a method of ranking core taxpayer
service offerings by value to the taxpayer and value to the
IRS. The Committee believes this ranking tool and the survey
results will assist the IRS and Congress in allocating IRS
resources in the most effective and cost-efficient manner. The
Committee directs the IRS to submit a report by April 30, 2016,
prepared in consultation with the National Taxpayer Advocate,
on the deployment of this ranking tool.
ENFORCEMENT
Appropriations, 2015.................................... $4,860,000,000
Budget estimate, 2016................................... 5,399,832,000
Committee recommendation................................ 4,500,000,000
PROGRAM DESCRIPTION
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 31 internal revenue
laws; identifying underreporting of tax obligations; securing
unfiled tax returns; and collecting unpaid accounts.
COMMITTEE RECOMMENDATION
The Committee recommends $4,500,000,000 for enforcement
activities for fiscal year 2016.
Combating Refund Fraud and Identity Theft.--The recent data
breach to IRS's Get Transcript service highlights the
importance of the need to mitigate identify theft [IDT] and
combat refund fraud. TIGTA has consistently ranked protection
of taxpayer data as one of the highest priority challenges
facing the IRS. In addition, GAO noted that although the IRS is
making progress in addressing information security, weaknesses
remain that could affect the confidentiality, integrity, and
availability of financial and sensitive taxpayer data. As
identity theft patterns continue to evolve it is important for
the IRS to adapt its detection and prevention processes. The
Committee remains concerned about IRS's efforts to prevent
fraudulent returns while subsequently serving taxpayers who
have had fraudulent tax returns filed in their name. The
Committee is particularly concerned about the authentication
process in place for its web applications. The Committee
directs IRS to re-evaluate its authentication steps for the Get
Transcript and other applications and report to the Committee
within 90 days of enactment of steps taken to remedy this
issue.
To provide relief to victims of identity theft, the IRS
began issuing identity protection personal identification
numbers [IP PIN] to eligible taxpayers in fiscal year 2011. Use
of an IP PIN provides relief to taxpayers because it allows the
IRS to process their tax returns without delay and helps
prevent the misuse of taxpayers' Social Security numbers on
fraudulent tax returns. The Committee urges the IRS to continue
efforts to address TIGTA recommendations regarding IP PINs to
improve assistance to victims of identity theft.
Audit findings by GAO issued in its second report in
February 2015 on IDT refund fraud discuss IRS's pre-refund
options for preventing IDT refund fraud such as tracking device
identification numbers to determine when multiple returns are
filed from the same device, and authenticating the identity of
a taxpayer before issuing a refund through the use of security
questions, passwords, and other techniques, in addition to pre-
refund W2 matching. The Committee agrees with GAO that an
analysis of costs, benefits, and risks is essential to
determining whether and how much to invest in authentication
options. The Committee urges IRS to explore new strategies that
provide cost-effective solutions to deter attempts at IDT fraud
as well as to detect and stop it when attempted. The Committee
directs the IRS to share with the Committee within 90 days of
enactment, an action plan for how the IRS can implement a
widespread process for taxpayer authentication. The Committee
further directs IRS to provide a briefing on the
recommendations from its public-private partnership focused on
addressing the problem of ITD refund fraud.
The Committee also urges the IRS to continue efforts to
address TIGTA recommendations to better detect and reduce
filing fraud, including implementing a process to deactivate
any individual taxpayer identification number [ITIN] assigned
to individual taxpayers prior to January 1, 2013, including
ITINs assigned to individuals who are now deceased. In
addition, the Committee recommends the IRS expand identity
theft filters to address filing patterns that may indicate that
a tax return is related to identity theft. Finally, the
Committee recommends that the IRS develop and deploy actions to
prevent multiple tax refunds from being deposited to the same
bank account, thus reducing a practice that may facilitate
identity theft and tax fraud.
The Committee acknowledges that while the IRS has made some
inroads in its capacity to flag and filter questionable
filings, the IRS still needs to significantly improve its
timeliness and effectiveness in responding to taxpayers who
report that they have been victims of refund-related identity
theft. A recent TIGTA report found that the IRS took an average
of 278 days to resolve tax accounts. Although this is 34 days
on average less than the time reported in their prior review,
it still represents a significant delay for taxpayers to have
their tax accounts corrected and refunds issued. Some identity
theft victims have only a single issue that requires
resolution, but many victims have multiple issues that must be
resolved before the IRS will issue their refunds. In addition,
these victims often have to call the IRS numerous times and
speak with numerous employees. The Committee directs the IRS to
institute, and share with the Committee within 90 days of
enactment, an updated action plan and timetable predicated on a
goal of reducing by half the average amount of time a taxpayer
must await a disposition of a refund fraud claim. The Committee
also directs IRS to report on the feasibility of assigning the
cases of identity theft victims with multiple issues to a
single IRS representative (and provide victims with a toll-free
direct extension to this representative) who will manage the
case, including coordinating the actions of different IRS
functions, and work with the taxpayer until the case is fully
resolved.
Processing of Applications for Tax-Exempt Status.--The
Committee strongly believes that meaningful, transparent, and
sustained corrective action is warranted to restore any erosion
of public trust in the IRS, strengthen the agency, and prevent
any recurrence of the circumstances that led to the use of
inappropriate case screening criteria in the handling of
applications for certain tax-exempt groups based on their
political beliefs. In a hearing on May 8, 2013, before the
Committee, just days prior to the announcement of the disparate
treatment of taxpayers, Secretary of the Treasury stated, ``As
a principle, we totally agree that there should be no politics
in the execution of our tax laws.'' The Committee agrees with
this statement by the Secretary but notes that the commitment
to this principle must be demonstrated through the actions of
the IRS. In March 2015, TIGTA assessed IRS's actions in
response to its 2013 recommendations to improve the
identification and processing of applications for tax-exempt
status involving political campaign intervention. TIGTA found
that the IRS has taken action to eliminate the selection of
potential political cases based on names and policy positions,
expedited processing of social welfare organization
applications, and instituted a quality review process to
provide better assurance that unnecessary information requests
are not sent to applicants. TIGTA also found that the IRS
developed and provided extensive political campaign
intervention training for relevant employees. However, TIGTA
identified additional steps the IRS should take to improve upon
the timing and execution of the training. The Committee agrees
with TIGTA's recommendations and encourages the IRS to
incorporate best practices and lessons learned into future
training plans. Based on TIGTA's report findings, of the 160
cases that were open as of December 17, 2012, 149 cases had
been closed. TIGTA's report found that IRS implemented
significant changes to the process for reviewing applications
for tax-exempt status. The Committee notes that organizations
deserve timely responses for tax-exempt status.
Given the significant impact the disparate treatment of
certain groups had on the public's confidence in the impartial
execution of our tax laws, the Committee believes the IRS and
the Department of the Treasury should await the conclusion of
ongoing investigations into these issues prior to proposing
regulatory changes regarding section 501(c)(4).
Preventing Payroll Tax Fraud.--The Committee recognizes
that many employers outsource payroll and related tax duties to
third-party payroll service providers to help assure filing
deadlines and deposit requirements are met and streamline
business operations. While most payroll service providers are
trustworthy, failures can pose devastating financial setbacks
for multiple clients, particularly small businesses. The
Committee is aware that the National Taxpayer Advocate has
recommended an array of practical solutions to address this
persistent problem, including more effective early detection of
potential fraud; registration, certification, and bonding
requirements for third-party payroll tax services; restrictions
on changing addresses of record; and greater consideration of
offers in compromise to assist defrauded businesses with relief
from tax liability. The Committee directs the IRS to intensify
its scrutiny of questionable practices of payroll service
providers and continue to inform taxpayers of their
responsibility for payment of all Federal and State employment
taxes notwithstanding any contractual relationship with a
payroll service provider. The Committee directs the IRS to
update its 2015 report to the Committee within 60 days of
enactment noting any changes in (1) what data is currently
collected on delinquent payroll service providers, (2) how this
data is currently being used to prevent fraud, and (3) what the
IRS would do with this data if given additional resources for
this purpose.
The Committee retains an administrative provision enacted
for fiscal year 2015 requiring that the IRS issue a notice of
confirmation of any address change relating to an employer
making employment tax payments, and that such notice be sent to
both the employer's former and new address and requires that an
officer or employee of the Internal Revenue Service shall give
special consideration to an offer-in-compromise from a taxpayer
who has been the victim of fraud by a third-party payroll tax
preparer.
Prisoner Tax Refund Fraud.--The Committee is concerned
about growth in tax refund fraud. TIGTA recently reported that
refund fraud associated with prisoner Social Security numbers
remains a significant problem for tax administration. According
to a September 2014 TIGTA report, the number of fraudulent tax
returns filed using a prisoner's Social Security number that
were identified by IRS increased from approximately 37,000 tax
returns in calendar year 2007 to more than 137,000 tax returns
in calendar year 2012. The refunds claimed on these tax returns
increased from $166,000,000 to $1,000,000,000.
According to TIGTA, Treasury has the authority to share
information with the Federal Bureau of Prisons and State
Departments of Corrections to help determine if prisoners may
have filed or help the filing of a fraudulent return. As of
March 2015, the IRS completed memoranda of understanding with 7
State correctional authorities while 13 State corrections
agencies declined to participate. The Committee encourages the
IRS to remain committed to addressing agencies' concerns
related to enrolling in this program so they may begin
receiving inmate tax return information from the IRS.
The Committee recognizes steps IRS has taken to identify
returns filed that have the same characteristics of confirmed
fraudulent prisoner tax returns. The Committee agrees with
TIGTA's recommendations that the IRS should ensure that all tax
returns filed with a prisoner Social Security number are
assigned a prisoner indicator. The Committee expects the IRS to
continue efforts to fully address TIGTA's recommendations to
identify and prevent prisoner tax fraud.
Earned Income Tax Credit Fraud.--GAO has highlighted the
persistent problems with improper earned income tax credit
[EITC] payments for years, and it is a factor underlying their
designation of IRS Enforcement of Tax Laws as a high-risk area.
As GAO reported, a root cause of EITC noncompliance is the
self- determination of eligibility by taxpayers combined with
IRS's limited ability to verify eligibility before refunds are
issued. According to GAO, the estimated EITC improper payment
rate has remained relatively unchanged since fiscal year 2003
(the first year IRS was required to report estimates of these
payments to Congress), but the amount of improper EITC payments
has increased from an estimated $10,500,000,000 in fiscal year
2003 to nearly $18,000,000,000 in fiscal year 2014. The
Committee is concerned that billions of dollars are wasted
every year because the IRS has little ability to monitor
overpayments or prevent EITC payments to ineligible recipients.
The Committee encourages IRS to address improper payments
through compliance programs for both preparers and taxpayers,
as well as through extensive outreach and education.
Addressing Fraud and Filing Errors in Refundable Credit
Programs.--The Department of Treasury reported, in its most
recent financial statements, that the EITC improper payment
rate, comprised of both intentional fraud and unintentional
filing errors, was nearly $18,000,000,000 for fiscal year 2014.
In an effort to reduce intentional fraud and unintentional
filing errors in refundable credit programs intended to help
taxpayers, the Department of the Treasury is directed to ensure
that the same eligibility questions are being asked of
taxpayers whether they are preparing their returns with a paid
tax preparer or via do-it-yourself methods such as paper forms,
preparation software, or online preparation tools. Implementing
uniform eligibility questions for refundable credit filers is a
common sense step that will help alleviate confusion over
eligibility and better establish qualification for these
credits. The Department of the Treasury shall ensure that all
EITC eligibility questions included on Form 8867, such as
questions 1 through 19 and the eligibility questions used to
meet the requirements of question 24, will be included on the
Schedule EIC. The Department of Treasury shall implement this
for tax returns filed after January 1, 2016. The Department of
Treasury shall ensure that eligibility questions for all other
refundable credits, such as the Child Tax Credit, American
Opportunity Tax Credit, or the healthcare premium tax credit,
are the same for all taxpayers regardless of filing method and
that it utilize existing forms for refundable credit due
diligence programs instead of creating additional forms or
worksheets as it did with the proposed Form 8967.
Affordable Care Act Fraud.--ACA created a refundable tax
credit, referred to as the Premium Tax Credit [PTC], to assist
individuals with the cost of their health insurance premiums.
When enrolling in a Qualified Health Plan through the Exchange,
eligible individuals can choose to have some or all of the PTC
paid in advance to their insurance company as payment of their
monthly premium or can wait to claim all of the PTC on their
tax return. A recent TIGTA report found that even though the
IRS will have the data it needs to identify erroneous claims
moving forward, it does not have the tools it needs to
effectively prevent PTC claims from being paid. The Committee
supports TIGTA's recommendation that PTC claimants should be
verified before tax refunds are issued.
In February 2015, IRS announced that it would not pursue
collection of additional taxes from any of the 50,000 taxpayers
who filed their taxes using incorrect forms provided to those
enrolled in insurance policies through Healthcare.gov. IRS told
the Committee that they have the ability to suspend enforcement
under several sections of the Internal Revenue Code, and that
the administration and collection costs involved would not
warrant collection of the amounts due. The Committee expects
the IRS to keep the Committee informed of its handling of
erroneous tax forms and related overpayments.
Misclassification of Contractors.--The Committee remains
concerned that staffing within the IRS's SS-8 Program,
responsible for making determinations as to a worker's Federal
employment tax status, has not kept pace with the record and
sustained SS-8 filings during the past six filing seasons. The
Committee believes that the IRS SS-8 Program is critical to
ensuring that workers are classified correctly, identifying
leads for employment tax exams and criminal investigations, and
combating the underreporting of employment taxes that
contributes significantly to the tax gap. The Committee
believes it is important, given the growing workload, that the
IRS maintain sufficient staffing at all SS-8 processing
locations. The Committee directs the IRS to notify the House
Appropriations Committee, the Senate Appropriations Committee,
the House Ways and Means Committee, and the Senate Finance
Committee prior to making any staffing reductions or
reallocations within the SS-8 processing program.
OPERATIONS SUPPORT
Appropriations, 2015.................................... $3,638,446,000
Budget estimate, 2016................................... 4,743,258,000
Committee recommendation................................ 3,468,446,000
PROGRAM DESCRIPTION
The Operations Support appropriation provides for overall
planning and direction of the IRS including Infrastructure,
including administrative services related to space and housing,
rent and space alterations, buildings service maintenance,
guard services, and non-IT equipment; Shared Services and
Support, including policy management, IRS-wide support for
research, strategic planning, communications and liaison,
finance, human resources, equity, diversity, and inclusion
programs, printing, postage, business systems planning,
corporate training, legal services, procurement, and employee
benefit programs; and Information Services, including the
staffing, equipment, and related costs to manage, maintain, and
operate the information systems critical to the support of tax
administration programs.
COMMITTEE RECOMMENDATION
The Committee recommends $3,468,446,000 for Operations
Support for fiscal year 2016.
The Committee notes that half of IRS's total requested
increase for fiscal year 2016 funding is for Operations
Support. Further, the Committee notes that over half of the
$2,300,000,000 in planned funding for 20 major Information
Technology [IT] investments is requested under Operations
Support. The Committee remains concerned that the IRS continues
to supplement this appropriations account with the vast
majority of its user fees.
Information Technology Reports.--Given the size and
significance of IRS's IT investments and the challenges
inherent in successfully delivering these complex IT
investments, it is important that the Committees on
Appropriations be provided reliable information to assist with
their oversight responsibilities. While IRS has been submitting
quarterly reports on the performance of its IT investments to
the Committees, we are concerned that these reports have yet to
address GAO's recommendations for cumulative reporting and
providing a quantitative measure of scope. In addition, we
believe the reports could provide information that would allow
the Committees to better gauge the performance of IRS's IT
investments. The Committee directs the IRS to submit quarterly
reports on particular major project activities to the
Committees on Appropriations and the GAO, no later than 30 days
following the end of each calendar quarter in fiscal year 2016.
The Committee expects the reports to include detailed, plain
English explanations of the cumulative expenditures and
schedule performance to date, specified by fiscal year; the
costs and schedules for the previous 3 months; the anticipated
costs and schedules for the upcoming 3 months; and the total
expected costs to complete the following major information
technology project activities: IRS.gov; Returns Remittance
Processing; EDAS/IPM; Information Returns and Document
Matching; E-services; Taxpayer Advocate Service Integrated
System; Affordable Care Act administration; and other projects
associated with significant changes in law. In addition, the
quarterly report should clearly explain when the project was
started; the expected date of completion; the percentage of
work completed as compared to planned work; the current and
expected state of functionality; any changes in schedule; and
current risks unrelated to funding amounts and mitigation
strategies. The Committee directs the Department of the
Treasury to conduct a semi-annual review of IRS's IT
investments to ensure the cost, schedule, and scope goals of
the projects are transparent. The Committee further directs GAO
to review and provide an annual report to the Committees
evaluating the cost and schedule of activities of all major IRS
information technology projects for the year, with particular
focus on the projects about which the IRS is submitting
quarterly reports to the Committee.
BUSINESS SYSTEMS MODERNIZATION
Appropriations, 2015.................................... $290,000,000
Budget estimate, 2016................................... 379,178,000
Committee recommendation................................ 260,000,000
PROGRAM DESCRIPTION
The Business Systems Modernization appropriation provides
resources for the planning and capital asset acquisition of
information technology to modernize the IRS business systems.
COMMITTEE RECOMMENDATION
The Committee recommends $260,000,000 for Business Systems
Modernization [BSM] for fiscal year 2016.
The Committee is concerned about IRS's plan to invest in
new IT capabilities for the future given the recent data breach
to IRS's Get Transcript tool. In addition, the Committee
remains concerned about exceeding planned investment costs,
projects that fall behind schedule, and providing secure
digital communications to taxpayers.
The Committee expects the IRS to continue to submit
quarterly reports to the Committees and GAO during fiscal year
2016, no later than 30 days following the end of each calendar
quarter. The Committee expects the reports to include detailed,
plain English explanations of the cumulative expenditures and
schedule performance to date, specified by fiscal year; the
costs and schedules for the previous 3 months; the anticipated
costs and schedules for the upcoming 3 months; and the total
expected costs to complete CADE2 and MeF. In addition, the
quarterly report should clearly explain when the project was
started; the expected date of completion; the percentage of
work completed as compared to planned work; the current and
expected state of functionality; any changes in schedule; and
current risks unrelated to funding amounts and mitigation
strategies. The Committee directs the Department of the
Treasury to conduct a semi-annual review of CADE2 and MeF to
ensure the cost, schedule, and scope goals of the projects are
transparent. The Committee further directs GAO to review and
provide an annual report to the Committee evaluating the cost
and schedule of CADE2 and MeF activities for the year, as well
as an assessment of the functionality achieved.
The Committee remains concerned that IRS systems
modernization, by its nature, is a high-risk endeavor, and
appreciates that the IRS has, in recent years, satisfied the
majority of developmental milestones planned for completion
early, under budget, or within 10 percent of cost and schedule
estimates. Because of the tendency for certain projects or
components to exceed schedule and cost estimates, the Committee
urges IRS management to maintain close routine scrutiny of cost
and schedule factors.
ADMINISTRATIVE PROVISIONS--INTERNAL REVENUE SERVICE
(INCLUDING TRANSFER OF FUNDS)
The Committee has included administrative provisions
carried in prior appropriations acts and new directives as
follows:
Section 101 continues a provision allowing the IRS to
transfer up to 5 percent of any appropriation made available to
the agency in fiscal year 2016 to any other IRS appropriation,
upon the advance approval of the Committees on Appropriations.
Section 102 continues a provision maintaining a training
program in taxpayers' rights and cross-cultural relations.
Section 103 continues a provision requiring the IRS to
institute and enforce policies and procedures, which will
safeguard the confidentiality of taxpayer information and
protect taxpayers against identity theft.
Section 104 continues a provision directing that funds
shall be available for improved facilities and increased
staffing to support sufficient and effective 1-800 help line
services for taxpayers including enhanced response time to
taxpayer communications, particularly for victims of tax-
related crimes.
Section 105 continues a provision requiring videos produced
by the IRS to be approved in advance by the Service-Wide Video
Editorial Board.
Section 106 continues a provision requiring the IRS to
issue notices to employers of any address change request and to
give special consideration to offers in compromise for
taxpayers who have been victims of payroll tax preparer fraud.
Section 107 continues a provision that prohibits the use of
funds by the IRS to target United States citizens for
exercising any right guaranteed under the First Amendment to
the Constitution.
Section 108 continues a provision that prohibits the use of
funds by the IRS to target groups for regulatory scrutiny based
on their ideological beliefs.
Section 109 continues a provision that requires the IRS to
comply with procedures on conference spending as recommended by
the Treasury Inspector General for Tax Administration.
Section 110 continues a provision that prohibits the use of
funds to violate the confidentiality of tax returns.
Section 111 is a new provision that prohibits the use of
funds to give bonuses or hire former employees without
consideration of conduct and compliance with Federal tax laws.
Administrative Provisions--Department of the Treasury
(INCLUDING TRANSFERS OF FUNDS)
The Committee includes 14 administrative provisions, as
follows:
Section 112 authorizes certain basic services within the
Treasury Department in fiscal year 2016, including purchase of
uniforms; maintenance, repairs, and cleaning; purchase of
insurance for official motor vehicles operated in foreign
countries; and contracts with the Department of State for
health and medical services to employees and their dependents
serving in foreign countries.
Section 113 authorizes transfers, up to 2 percent, between
Departmental Offices, Office of Inspector General, Special
Inspector General for the Troubled Asset Relief Program,
Financial Crimes Enforcement Network, Bureau of the Fiscal
Service, and Alcohol and Tobacco Tax and Trade Bureau,
appropriations under certain circumstances.
Section 114 authorizes transfers, up to 2 percent, between
the Internal Revenue Service and the Treasury Inspector General
for Tax Administration under certain circumstances.
Section 115 prohibits the Department of the Treasury and
the Bureau of Engraving and Printing from redesigning the $1
Federal Reserve Note.
Section 116 authorizes the Secretary of the Treasury to
transfer funds from Salaries and Expenses, Bureau of the Fiscal
Service, to the Debt Collection Fund as necessary to cover the
costs of debt collection. Such amounts shall be reimbursed to
the Salaries and Expenses account from debt collections
received in the Debt Collection Fund.
Section 117 requires prior approval for the construction
and operation of a museum by the United States Mint.
Section 118 prohibits the merger of the United States Mint
and the Bureau of Engraving and Printing without prior approval
of the committees of jurisdiction.
Section 119 authorizes the Department's intelligence
activities.
Section 120 permits the Bureau of Engraving and Printing to
use not to exceed $5,000 from the Industrial Revolving Fund for
reception and representation expenses.
Section 121 requires the Secretary of the Treasury to
develop an annual Capital Investment Plan.
Section 122 continues a provision that requires quarterly
reports of the Office of Financial Research [OFR] and Office of
Financial Stability.
Section 123 continues a provision that requires a report on
the Department's Franchise Fund.
Section 124 continues a provision that requires the
Department to submit a report on economic warfare and financial
terrorism.
Section 125 is a new provision that prohibits the
Department from enforcing guidance for U.S. positions on
multilateral development banks which engage with developing
countries on coal-fired power generation.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
SALARIES AND EXPENSES
Appropriations, 2015.................................... $55,000,000
Budget estimate, 2016................................... 55,214,000
Committee recommendation................................ 55,000,000
PROGRAM DESCRIPTION
The ``Salaries and Expenses'' account of The White House
provides staff assistance and administrative services for the
direct support of the President. The White House also serves as
the President's representative before the media. In accordance
with 3 U.S.C. 105, The White House office also supports and
assists the activities of the spouse of the President.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $55,000,000
for The White House, Salaries and Expenses. The recommendation
is equal to the fiscal year 2015 enacted level.
Exports to Africa.--The Committee acknowledges efforts by
the Executive Office of the President [EOP] to designate a
senior United States Government official to lead efforts to
significantly increase United States exports to Africa as
directed under section 1206(d) of Public Law 113-66 and urges
the EOP to continue to leverage resources provided in this and
other acts to carry out the intent of the directive.
Office of National AIDS Policy.--The Committee directs the
Executive Office of the President [EOP] to allocate sufficient
resources to continue the robust operation of the Office of
National AIDS Policy [ONAP]. ONAP is responsible for leading
implementation of the National HIV/AIDS Strategy and holding
Federal agencies and local jurisdictions accountable for
implementing effective, scalable, and cost-effective
interventions for HIV prevention and care through commissioning
policy research, consulting with the community, and helping
jurisdictions modernize data systems and other activities to
align with the strategy. The Committee directs the
administration to continue to coordinate a Governmentwide
effort to achieve the goals of the National HIV/AIDS strategy.
Executive Residence at the White House
OPERATING EXPENSES
Appropriations, 2015.................................... $12,700,000
Budget estimate, 2016................................... 12,723,000
Committee recommendation................................ 12,700,000
PROGRAM DESCRIPTION
These funds provide for the care, maintenance, repair,
alteration, refurnishing, improvement, air-conditioning,
heating, and lighting of the White House and the official and
ceremonial functions of the President.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $12,700,000
for the Executive Residence at the White House. The Committee
recommendation is equal to the fiscal year 2015 enacted level.
The bill also continues certain restrictions on reimbursable
expenses for use of the Executive Residence.
White House Repair and Restoration
Appropriations, 2015.................................... $625,000
Budget estimate, 2016................................... 750,000
Committee recommendation................................ 625,000
PROGRAM DESCRIPTION
This account funds the repair, alteration, and improvement
of the Executive Residence at the White House. A separate
account was established in fiscal year 1996 to program and
track expenditures for the capital improvement projects at the
Executive Residence at the White House.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $625,000 for
White House Repair and Restoration, equal to the fiscal year
2015 enacted level.
Council of Economic Advisers
SALARIES AND EXPENSES
Appropriations, 2015.................................... $4,184,000
Budget estimate, 2016................................... 4,201,000
Committee recommendation................................ 4,184,000
PROGRAM DESCRIPTION
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 the preparation of the
annual Economic Report of the President to Congress.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $4,184,000 for
salaries and expenses of the Council of Economic Advisers. This
amount is equal to the fiscal year 2015 enacted level.
National Security Council and Homeland Security Council
SALARIES AND EXPENSES
Appropriations, 2015.................................... $12,600,000
Budget estimate, 2016................................... 13,069,000
Committee recommendation................................ 12,600,000
PROGRAM DESCRIPTION
The National Security Council advises the President in
integrating domestic, foreign, and military policies related to
national security, and the Homeland Security Council advises
the President in coordinating homeland security-related
policies across the Government.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $12,600,000
for the salaries and expenses of the National Security Council
and the Homeland Security Council. This amount is equal to the
fiscal year 2015 enacted level.
Office of Administration
SALARIES AND EXPENSES
Appropriations, 2015.................................... $111,300,000
Budget estimate, 2016................................... 96,116,000
Committee recommendation................................ 96,116,000
PROGRAM DESCRIPTION
The Office of Administration provides administrative
services to the EOP. These services, defined by Executive Order
12028 of 1977, include financial, personnel, library and
records services, information management systems support, and
general office services.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $96,116,000
for the Office of Administration for fiscal year 2016. This
amount is $15,184,000 below the fiscal year 2015 enacted level
and equal to the budget request.
The Committee's recommendation includes not to exceed
$7,994,000 to remain available until expended for modernization
of the information technology infrastructure within the
Executive Office of the President. The recommended reduction is
the result of a proposed reorganization of Presidential
information technology resources, which relocates the
responsibility for maintenance of the EOP data center and data
telecommunications networks.
The Committee directs the Office of Administration to place
a top priority on the implementation of comprehensive policies
and procedures for the preservation of all records, including
electronic records such as emails, videos, and social
networking communication, consistent with the requirements of
the Presidential Records Act, the Federal Records Act, and
other pertinent laws. The Office of Administration shall work
closely with the National Archives and Records Administration
[NARA] to ensure the full and complete maintenance and
formatting of electronic records that will eventually be turned
over to NARA. The Committee expects the Office of
Administration to keep the Committee fully apprised of funding
needs related to records preservation and retention.
Office of Management and Budget
salaries and expenses
Appropriations, 2015.................................... $91,750,000
Budget estimate, 2016................................... 97,441,000
Committee recommendation................................ 91,750,000
PROGRAM DESCRIPTION
The Office of Management and Budget [OMB] assists the
President in the discharge of his budgetary, management, and
other executive responsibilities.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $91,750,000
for the Office of Management and Budget, which is equal to the
fiscal year 2015 enacted level.
The Committee directs OMB to utilize sufficient resources
to respond in a timely and complete manner to requests from
Congress, in particular requests related to program funding and
operations.
Cybersecurity.--The Committee recognizes actions that were
recently taken by some Federal agencies to improve their
cybersecurity posture under the Federal CIO's 30-day
Cybersprint. The Committee looks forward to learning more about
the results of this initiative. The Committee directs OMB in
consultation with Federal agencies to report to the Committees
on Appropriations of the House and Senate and the Committee on
Homeland Security and Governmental Affairs in the Senate and
the Homeland Security Committee in the House not less than 6
months after enactment of this act on the national security
implications of recent data breaches including the OPM breach;
the extent to which weaknesses exist in Federal agencies; the
existence of a cybersecurity strategy across the Federal
Government; and the status of Federal agencies cybersecurity
policies and procedures in place, including policies and
procedures relating to IT best practices such as data
encryption, multifactor authentication, and continuous
monitoring. The report should consider any improvements that
could be made to assist Federal agencies in addressing
cybersecurity challenges.
Intellectual Property.--The Committee continues to strongly
support the Office of the Intellectual Property Enforcement
Coordinator [IPEC] and its important mission and directs that
funds be made available for no less than one full-time
equivalent dedicated senior staff position to ensure it can
carry out its statutory mission. The Committee recommends that
IPEC continue working to facilitate voluntary efforts among
stakeholders to reduce online copyright and trademark
infringement.
Social Cost of Carbon.--OMB should not approve any
regulations in fiscal year 2016 using the May 2013, revised
July 2015, estimates for the social cost of carbon until a new
working group is convened. The working group should include the
relevant agencies and affected stakeholders, reexamine the
social cost of carbon using the best available science, and
revise the estimate using an accurate discount rate and
domestic estimate in accordance with Executive Order 12866 and
OMB Circular A-4. To increase transparency, the working group
should solicit public comments prior to finalizing any updates.
Governmentwide General Provisions.--The Committee is
concerned that all agencies may not be aware of, and therefore,
not implementing, the Governmentwide general provisions in
title VII of the bill. The Committee directs OMB to issue
guidance within 60 days of enactment, notifying all agencies of
their responsibilities to adhere to these requirements. The
Committee expects OMB to reinforce awareness among all Federal
agencies of the existence of, and content of, the
Governmentwide general provisions.
Conferences.--The Committee continues a provision in title
VII of the bill requiring agencies to report annually to their
inspector general or senior ethics officer on conferences
costing more than $100,000 and to notify the same official of
conferences costing more than $20,000 within 15 days of a
conference. The provision also prohibits funding for any travel
and conference activities that are not in compliance with OMB
Memorandum M-12-12. Consistent with M-12-12, agencies shall
report conference expenditures in excess of $100,000 on agency
Web sites and OMB shall notify the Committee annually in
writing of any agencies failing to report this information.
Travel.--The Committee supports OMB's efforts to reduce
costs across Federal agencies by eliminating unnecessary travel
expenses. As part of OMB Memorandum M-12-12, Federal agencies
were directed to reduce their travel expenses by 30 percent
below the fiscal year 2010 level. The Committee recognizes the
need for continued oversight of Federal travel expenses and
notes OMB's efforts to work with agencies to increase
transparency and make smarter travel decisions. In its most
recent report to the Committee, OMB notes that the OMB
Memorandum M-12-12 transparency model is strong, that the
spending thresholds established in OMB Memorandum M-12-12 are
appropriate and that results have demonstrated that these new
policies and procedures are having an impact on how agencies
plan and execute conferences. The Committee also notes that OMB
recognizes that travel and conferences have a role to play in
agencies carrying out their missions and that there are
situations in which physical collocation is necessary and that
OMB has worked diligently to ensure that the policies and
controls implemented through OMB Memorandum M-12-12 do not
curtail travel or conferences that are mission critical and are
executed in a cost-effective manner.
Contractor Bonuses.--The Committee is concerned about the
occurrence of contract incentives being given to contractors
that fail to meet specified cost, schedule, or performance
criteria. Although OMB has issued guidance to reduce wasteful
spending on contractor bonuses, this issue has not been fully
addressed. The bill includes new contractor payment
restrictions to require all departments and agencies funded by
this act to link all contracts that provide awards to
successful acquisition outcomes and to prohibit funds to pay
for award or incentive fees for contractors with below
satisfactory performance.
Enforcement of Cybersecurity Standards.--The Committee
directs OMB to report not later than February 1 of each year to
the Committees on Appropriations of the House and Senate and
the Committee on Homeland Security and Governmental Affairs in
the Senate and the Homeland Security Committee in the House
regarding the use of budget authority to enforce cybersecurity
standards. The report shall detail specific actions the
Director has taken pursuant to section 3553(a)(5) of title 44,
United States Code, including any actions taken pursuant to
section 11303(b)(5) of title 40, United States Code.
Office of National Drug Control Policy
SALARIES AND EXPENSES
Appropriations, 2015.................................... $22,647,000
Budget estimate, 2016................................... 20,047,000
Committee recommendation................................ 20,047,000
PROGRAM DESCRIPTION
The Office of National Drug Control Policy [ONDCP],
established by the Anti-Drug Abuse Act of 1988, and
reauthorized by Public Law 109-469, is charged with developing
policies, objectives, and priorities for the National Drug
Control Program. In addition, ONDCP administers the High
Intensity Drug Trafficking Areas program, the Drug-Free
Communities Support Program, and several other related
initiatives.
This account provides funding for personnel compensation,
travel, and other basic operations of the Office, and for
general policy research to support the formulation of the
National Drug Control Strategy.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $20,047,000
for ONDCP's salaries and expenses.
Interdiction.--The Committee supports efforts to reduce
illegal drug use across the United States. In order to stem the
tide of illegal drugs coming into this country, interdiction
must be a priority. A core component of our national drug
control strategy must be effective coordination with other
Federal agencies to intercept and disrupt foreign drug
shipments before they get to the United States.
Methamphetamine.--The Committee is concerned about the
increased availability of methamphetamine in the United States
in recent years. Criminal drug trafficking organizations are
increasingly producing methamphetamine in Mexico and
transporting it into and throughout the United States. Within
90 days of enactment of this act, ONDCP shall report to the
Committee on the steps it is taking to disrupt the production,
distribution, and use of methamphetamine, particularly in the
Southwest border region and in the southern United States.
FEDERAL DRUG CONTROL PROGRAMS
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
(INCLUDING TRANSFERS OF FUNDS)
Appropriations, 2015.................................... $245,000,000
Budget estimate, 2016................................... 193,400,000
Committee recommendation................................ 245,000,000
PROGRAM DESCRIPTION
The High Intensity Drug Trafficking Areas [HIDTA] program
was established by the Anti-Drug Abuse Act of 1988 (Public Law
100-690) and the Office of National Drug Control Policy's
reauthorization (Public Law 109-469) to provide assistance to
Federal, State, and local law enforcement entities operating in
those areas most adversely affected by drug trafficking.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $245,000,000
for the HIDTA program. The Committee directs that funding shall
be provided for the existing HIDTAs at no less than the fiscal
year 2015 level.
ONDCP is directed to consult with the HIDTAs in advance of
deciding programmatic spending allocations for discretionary
(supplemental) funding.
The Committee recommendation specifies that up to
$2,700,000 may be used for auditing services and associated
activities.
The Committee directs that HIDTA funds be transferred to
the appropriate drug control agencies expeditiously and
includes provisions in the bill to help prevent delay.
Transferred funds that are no longer necessary for their
original purpose may be transferred back to the HIDTA program.
HIDTA funds should not be used to supplant existing support
for ongoing Federal, State, or local drug control operations
normally funded out of the operating budgets of each agency.
ONDCP is directed to withhold all HIDTA funds from a State
until such time as a State or locality has met its financial
obligation.
OTHER FEDERAL DRUG CONTROL PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
Appropriations, 2015.................................... $107,150,000
Budget estimate, 2016................................... 95,436,000
Committee recommendation................................ 108,310,000
PROGRAM DESCRIPTION
The Anti-Drug Abuse Act of 1988 (Public Law 100-690), and
the Office of National Drug Control Policy Reauthorization Act
(Public Law 109-469) established this account to be
administered by the Director of the Office of National Drug
Control Policy. The funds appropriated to the program support
high-priority drug control programs and may be transferred to
drug control agencies.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $108,310,000
for Other Federal Drug Control Programs. Within this amount,
the Committee provides the following funding levels:
------------------------------------------------------------------------
Amount
------------------------------------------------------------------------
Drug-Free Communities Support Program................... $93,500,000
National Community Anti-Drug Coalition training..... 2,000,000
Drug court training, including standards training, and 2,000,000
technical assistance...................................
Anti-doping activities.................................. 9,500,000
World Anti-Doping Agency [WADA]......................... 2,060,000
Activities as authorized by Public Law 109-469, section 1,250,000
1105...................................................
------------------------------------------------------------------------
Drug-Free Communities Support Program.--ONDCP directs the
Drug-Free Communities Support Program [DFCSP] in partnership
with the Substance Abuse and Mental Health Services
Administration. DFCSP provides dollar-for-dollar matching
grants of up to $125,000 to local coalitions that mobilize
their communities to prevent youth alcohol, tobacco, illicit
drug, and inhalant abuse. Such grants support coalitions of
youth; parents; media; law enforcement; school officials;
faith-based organizations; fraternal organizations; State,
local, and tribal government agencies; healthcare
professionals; and other community representatives. The DFCSP
enables these coalitions to strengthen their coordination and
prevention efforts, encourage citizen participation in
substance abuse reduction efforts, and disseminate information
about effective programs. The Committee provides $93,500,000
for the continuation of the DFCSP.
The Committee includes a provision in the bill directing
ONDCP to provide $2,000,000 of DFCSP funds for training and
related purposes as authorized by section 4 of Public Law 107-
82, as amended by Public Law 109-469.
Unanticipated Needs
Appropriations, 2015.................................... $800,000
Budget estimate, 2016................................... 1,000,000
Committee recommendation................................ 800,000
PROGRAM DESCRIPTION
These funds enable the President to meet unanticipated
exigencies in support of the national interest, security, or
defense.
COMMITTEE RECOMMENDATION
The Committee recommends $800,000, which is the same as the
fiscal year 2015 enacted level.
Information Technology Oversight and Reform
(INCLUDING TRANSFERS OF FUNDS)
Appropriations, 2015.................................... $20,000,000
Budget estimate, 2016................................... 35,200,000
Committee recommendation................................ 25,000,000
PROGRAM DESCRIPTION
The goal of the Information Technology Oversight and Reform
[ITOR] program is to drive value in Federal IT investments by
making smarter investment decisions and reducing waste,
duplication, and inefficient uses of IT through data-driven
investment management, deliver digital services to 25 Federal
agencies, and protect IT assets and information by improving
oversight of Federal cybersecurity practices.
COMMITTEE RECOMMENDATION
The Committee recommends $25,000,000 for the ITOR program.
The Committee appreciates the administration's comprehensive
and innovative approach to improving IT development processes
and maximizing efficiencies across the Federal IT portfolio.
The Federal Government invests approximately $80,000,000,000 a
year in IT development for a wide variety of capabilities,
spanning, for example, from basic desktop computing to a
searchable database for investigating terrorist financing
activity. However, it is clear to the Committee that this
spending on IT does not produce $80,000,000,000 in value for
the public as a result of IT projects that arrive late or over
budget. In fiscal year 2014, the Administration used ITOR
funding to pilot the U.S. Digital Service [USDS] by recruiting
a small group of select private sector tech experts into
government service. The increase in ITOR funding in fiscal year
2016 will help to grow the USDS team to enable them to serve as
a resource across Federal agencies. In addition, the increase
in funding should be used to support OMB's newly-formed E-Gov
Cyber and National Security Unit [OMB E-Gov Cyber] which
focuses on strengthening Federal cybersecurity.
IT Dashboard.--The Committee supports the management and
enhancement of the IT Dashboard, a Web site that includes cost,
schedule, and performance data for major IT investments. The
Committee directs the EOP to make PortfolioStat, which is the
process where OMB and agencies examine IT portfolios to
identify duplicative spending and reduce costs, and other
technology reform savings and performance metrics available to
the public on the IT dashboard. OMB shall ensure that current
and accurate data on these investments are available throughout
the entire year. The Committee directs OMB to use ITOR funding
to work with agencies to implement the Federal Information
Technology Acquisition Reform Act [FITARA], which is designed
to improve Federal IT acquisitions. Specifically, the Committee
directs OMB to report quarterly to the Committee on
Appropriations on the cost savings, avoidance, and reductions
in duplicative IT investments.
Digital Service.--The Committee supports the formation of
USDS and their role in collaborating with Federal agencies to
implement digital and technology practices on the 10 highest
priority IT investment projects that are under development
across Federal agencies. The Committee encourages USDS to use
the increase in ITOR funding to become more fully engaged on
each one of the projects. In addition, the Committee encourages
OMB to provide detail on how the 10 highest priority IT
investment projects are selected and report quarterly to the
Committee on Appropriations on the status of these projects.
Cybersecurity.--Recent cybersecurity breaches have
demonstrated the need for the Federal Government to safeguard
data and improve its cybersecurity posture. The Committee
expects OMB's E-Gov Cyber will provide oversight of agency
cybersecurity programs and focus on agencies' performance
relative to the Cybersecurity Cross-Agency Priority [CAP] Goal,
which was designed to assess agency implementation of basic
cybersecurity principles to ensure a common Federal baseline
for combating cyber threats. It is clear to the Committee that
the Federal Government lags in IT security best practices. For
example, Strong Authentication remains a key challenge, with
civilian agencies reporting 42 percent of their goal. According
to GAO [GAO-15-725T], ``While recent government-wide
initiatives hold promise for bolstering the Federal
cybersecurity posture, it is important to note that no single
technology or set of practices is sufficient to protect against
all these threats. A `defense in depth' strategy is required
that includes well-trained personnel, effective and
consistently applied processes, and appropriately implemented
technologies. While agencies have elements of such a strategy
in place, more needs to be done to fully implement it and to
address existing weaknesses. In particular, implementing GAO
and Inspector General recommendations will strengthen agencies'
ability to protect their systems and information, reducing the
risk of a potentially devastating cyber attack.'' The Committee
expects OMB to consult with GAO on the Cybersecurity CAP goal
key performance indicators and metric targets. In addition, the
Committee expects OMB as part of its 30-day Cybersecurity
Sprint, to submit its Federal Civilian Cybersecurity Strategy
to GAO for review. The Committee encourages OMB to report on
its efforts to ensuring agencies having robust protections in
place to address cyber security threats, including the recent
breach at OPM.
Special Assistance to the President
SALARIES AND EXPENSES
Appropriations, 2015.................................... $4,211,000
Budget estimate, 2016................................... 4,228,000
Committee recommendation................................ 4,211,000
PROGRAM DESCRIPTION
This appropriation provides for staff and expenses to
enable the Vice President to provide assistance to the
President in connection with the performance of executive
duties and responsibilities. These funds also support the
official activities of the spouse of the Vice President. The
Vice President also has a staff funded by the Senate to assist
him in the performance of his legislative duties.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $4,211,000 for
special assistance to the President. This amount is equal to
the fiscal year 2015 enacted level.
Official Residence of the Vice President
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2015.................................... $299,000
Budget estimate, 2016................................... 299,000
Committee recommendation................................ 299,000
PROGRAM DESCRIPTION
This account supports the care and operation of the Vice
President's residence on the grounds of the Naval Observatory.
These funds 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 $299,000 for
the official residence of the Vice President. This amount is
equal to the budget request and the fiscal year 2015 enacted
level.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(INCLUDING TRANSFER OF FUNDS)
Section 201 continues a provision that provides flexibility
in the use of funds in accounts under the EOP.
Section 202 requires the Office of Management and Budget
[OMB] to report on the costs of implementation the Dodd-Frank
Wall Street Reform and Consumer Protection Act (Public Law 111-
203).
Section 203 requires the Director of the OMB to include a
statement of budgetary impact with any Executive order issued
during fiscal year 2016.
TITLE III
THE JUDICIARY
PROGRAM DESCRIPTION
Established under Article III of the Constitution, the
judicial branch of Government is a separate but equal branch.
The Federal judiciary consists of the Supreme Court, United
States Courts of Appeals, District Courts, Bankruptcy Courts,
Court of International Trade, Court of Federal Claims, and
several other entities and programs. The organization of the
judiciary, the district and circuit boundaries, the places of
holding court, and the number of Federal judges are legislated
by the Congress and signed into law by the President.
The Committee's recommended funding levels support the
Federal judiciary's role of providing equal justice under the
law and include sufficient funds to support this critical
mission. The recommended funding level includes the salaries of
judges and support staff and the operation and security of our
Nation's courts.
The judicial branch is subject to the same funding
constraints facing the executive and legislative branches. It
is imperative that the Federal judiciary devote its resources
primarily to the retention of staff. Further, it is also
important that the judiciary contain controllable costs such as
travel, construction, and other expenses.
Supreme Court of the United States
SALARIES AND EXPENSES
Appropriations, 2015.................................... $74,967,000
Budget estimate, 2016................................... 75,717,000
Committee recommendation................................ 75,838,000
PROGRAM DESCRIPTION
The United States Supreme Court consists of nine justices
appointed under Article III of the Constitution of the United
States, one of whom is appointed as Chief Justice of the United
States. The Supreme Court acts as the final arbiter in the
Federal court system.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $75,838,000
for the salaries and expenses of personnel, and the costs of
operating the Supreme Court, excluding the care of the building
and grounds. The recommendation is $871,000 above the fiscal
year 2015 funding level and $121,000 above the budget request.
CARE OF THE BUILDING AND GROUNDS
Appropriations, 2015.................................... $11,640,000
Budget estimate, 2016................................... 9,953,000
Committee recommendation................................ 9,964,000
PROGRAM DESCRIPTION
Care of the Building and Grounds, for expenditure by the
Architect of the Capitol, provides for the structural and
mechanical care of the United States Supreme Court Building and
Grounds, including maintenance and operation of mechanical,
electrical, and electronic equipment.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $9,964,000 for
personnel and other services related to the Supreme Court
building and grounds, which is supervised by the Architect of
the Capitol. The recommendation is $1,676,000 below the fiscal
year 2015 funding level and $11,000 above the budget request.
United States Court of Appeals for the Federal Circuit
salaries and expenses
Appropriations, 2015.................................... $30,212,000
Budget estimate, 2016................................... 30,841,000
Committee recommendation................................ 30,872,000
PROGRAM DESCRIPTION
The United States Court of Appeals for the Federal Circuit
was established on October 1, 1982 under Article III of the
Constitution. The court was formed by the merger of the United
States Court of Customs and Patent Appeals and the appellate
division of the United States Court of Claims. The court
consists of 12 judges who are appointed by the President, with
the advice and consent of the Senate. Judges are appointed to
the court under Article III of the Constitution of the United
States.
The Federal Circuit has nationwide jurisdiction in a
variety of subjects, including international trade, Government
contracts, patents, certain claims for money from the United
States Government, Federal personnel, and veterans' benefits.
Appeals to the court come from all Federal district courts, the
United States Court of Federal Claims, the United States Court
of International Trade, and the United States Court of Veterans
Appeals. The court also takes appeals of certain administrative
agencies' decisions, including the Merit Systems Protection
Board, the Board of Contract Appeals, the Board of Patent
Appeals and Interferences, and the Trademark Trial and Appeals
Board. Decisions of the United States International Trade
Commission, the Office of Compliance of the United States
Congress, and the Government Accountability Office Personnel
Appeals Board are also reviewable by the court.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $30,872,000.
The recommendation is $660,000 above the fiscal year 2015
funding level and $31,000 above the budget request.
United States Court of International Trade
salaries and expenses
Appropriations, 2015.................................... $17,807,000
Budget estimate, 2016................................... 18,145,000
Committee recommendation................................ 18,160,000
PROGRAM DESCRIPTION
The United States Court of International Trade, located in
New York City, consists of nine Article III judges. The court
has exclusive nationwide jurisdiction over civil actions
brought against the United States, its agencies and officers,
and certain civil actions brought by the United States, arising
out of import transactions and the administration and
enforcement of the Federal customs and international trade
laws.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $18,160,000.
The recommendation is $353,000 above the fiscal year 2015
funding level and $15,000 above the budget request.
Courts of Appeals, District Courts, and Other Judicial Services
SALARIES AND EXPENSES
Appropriations, 2015.................................... $4,846,818,000
Budget estimate, 2016................................... 5,036,338,000
Committee recommendation................................ 4,960,008,000
PROGRAM DESCRIPTION
Salaries and Expenses is one of four accounts that provide
total funding for the Courts of Appeals, District Courts, and
Other Judicial Services. In addition to funding the salaries of
judges and support staff, this account also funds the operating
costs of appellate, district, and bankruptcy courts, the Court
of Federal Claims, and probation and pretrial services offices.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $4,960,008,000
for salaries and expenses. The recommendation is $113,190,000
above the fiscal year 2015 funding level and $76,330,000 below
the budget request and consistent with the judiciary's most
recent budget estimate of the needs for this account.
The Committee is pleased with the judiciary's ongoing
efforts to contain costs. For more than 10 years the judiciary
has been focused on cost containment and changes made to date
have reduced current and future costs for: rent, information
technology, magistrate judges, compensation of court staff and
law clerks, law books, probation and pretrial services
supervision work, and other areas. The Committee understands
that further cost containment initiatives will expand the use
of shared administrative services among the courts of appeals,
district courts, bankruptcy courts, probation and pretrial
services offices, and Federal defender organizations to reduce
duplicative human resources, procurement, financial management,
and information technology activities. The judiciary is also
exploring voluntary consolidation of offices and other longer-
term changes that would further reduce growth in personnel and
operational costs. Given the constrained Federal budget
environment, the Committee encourages the judiciary to continue
these cost-cutting efforts.
The Committee's recommendation includes funding to expand
evidence-based supervision practices to further reduce
recidivism rates in the Federal probation and pretrial services
system. Evidence-based practices [EBP] are the supervision
practices proven to produce specific, intended results. EBP is
an outcome-based approach that focuses on specific supervision
and treatment strategies versus the more traditional contact-
driven supervision approach. One of the judiciary's programs,
called Staff Training Aimed at Re-Arrest Reduction [STARR],
involves exercises and instructions designed to alter the
dysfunctional thinking patterns exhibited by many offenders
that could lead to new criminal activity. The Committee
supports the judiciary's efforts to reduce recidivism rates for
Federal offenders and expects the judiciary's fiscal year 2016
financial plan to include details on how this funding will be
utilized including how many districts and officers will receive
STARR training.
The Committee has also included a cost-saving provision
requested by the judiciary which would allow a U.S. probation
officer who has been appointed in one district to provide
supervision services to another district with the consent of
both courts. This provision will allow a probation officer
appointed in one district to perform services for another
district with the consent of the appointing court. Further, it
will facilitate the sharing across district lines of officer
positions requiring special knowledge, such as sex-offender
specialists, cyber-crime specialists, and search team members,
thereby conserving resources by allowing one or more districts
that are participating in a sharing arrangement to avoid the
higher salary costs associated with specialized officers, which
could be $15,000 more than a line officer. In addition, this
change could lower travel costs by allowing officers who work
in one district to supervise offenders who reside in a
neighboring district which has its probation office further
from where the offenders live. This option may be especially
useful in supervising offenders in Indian lands, which may
straddle multiple districts.
VACCINE INJURY COMPENSATION TRUST FUND
Appropriations, 2015.................................... $5,423,000
Budget estimate, 2016................................... 6,045,000
Committee recommendation................................ 6,045,000
PROGRAM DESCRIPTION
Enacted by the National Childhood Vaccine Injury Act of
1986 (Public Law 99-660), the Vaccine Injury Compensation
Program is a Federal no-fault program designed to resolve a
perceived crisis in vaccine tort liability claims that
threatened the continued availability of childhood vaccines
nationwide. The statute's primary intention is the creation of
a more efficient adjudicatory mechanism that ensures a no-fault
compensation result for those allegedly injured or killed by
certain covered vaccines. This program protects the
availability of vaccines in the United States by diverting a
substantial number of claims from the tort arena.
Not only did this act create a special fund to pay
judgments awarded under the act, but it also created the Office
of Special Masters within the United States Court of Federal
Claims to hear vaccine injury cases. The act stipulates that up
to eight special masters may be appointed for this purpose. The
special masters expenditures are reimbursed to the judiciary
for vaccine injury cases from a special fund set up under the
Vaccine Act.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $6,045,000.
The recommendation is $622,000 above fiscal year 2015 funding
level and the same as the budget request.
DEFENDER SERVICES
Appropriations, 2015.................................... $1,016,499,000
Budget estimate, 2016................................... 1,057,616,000
Committee recommendation................................ 1,042,616,000
PROGRAM DESCRIPTION
The Defender Services program ensures the right to counsel
guaranteed by the Sixth Amendment, the Criminal Justice Act (18
U.S.C. 3006A(e)) and other congressional mandates for those who
cannot afford to retain counsel and other necessary defense
services. The Criminal Justice Act provides that courts appoint
counsel from Federal public and community defender
organizations or from a panel of private attorneys established
by the court. The Defender Services program helps to maintain
public confidence in the Nation's commitment to equal justice
under the law and ensures the successful operation of the
constitutionally based adversary system of justice by which
Federal criminal laws and federally guaranteed rights are
enforced.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of
$1,042,616,000. The recommendation is $26,117,000 above the
fiscal year 2015 funding level, $15,000,000 below the budget
request, and consistent with the Judiciary's most recent budget
estimate of the needs for this account. The Committee's
recommendation supports a current services operating level for
the Defender Services program for fiscal year 2016.
FEES OF JURORS AND COMMISSIONERS
Appropriations, 2015.................................... $52,191,000
Budget estimate, 2016................................... 52,411,000
Committee recommendation................................ 48,423,000
PROGRAM DESCRIPTION
This account provides for the statutory fees and allowances
of grand and petit jurors and for the compensation of jury and
land commissioners. Budgetary requirements depend primarily
upon the volume and the length of jury trials demanded by
parties to both civil and criminal actions and the number of
grand juries being convened by the courts at the request of the
United States Attorneys.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $48,423,000.
The recommendation is $3,768,000 below the fiscal year 2015
funding level.
COURT SECURITY
(INCLUDING TRANSFERS OF FUNDS)
Appropriations, 2015.................................... $513,975,000
Budget estimate, 2016................................... 542,390,000
Committee recommendation................................ 538,771,000
PROGRAM DESCRIPTION
The Court Security appropriation was established in 1983
and funds the necessary expenses incident to the provision of
protective guard services, and the procurement, installation,
and maintenance of security systems and equipment for United
States courthouses and other facilities housing Federal court
operations, including building access control, inspection of
mail and packages, directed security patrols, perimeter
security provided by the Federal Protective Service, and other
similar activities as authorized by section 1010 of the
Judicial Improvement and Access to Justice Act (Public Law 100-
702).
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $538,771,000.
The recommendation is $24,796,000 above the fiscal year 2015
funding level and $3,619,000 below the budget request.
The recommendation includes funding for the phased
implementation of additional court security officers at Federal
courthouses as recommended by the U.S. Marshals Service [USMS].
The USMS recommends that an additional 346 court security
officers be posted at Federal courthouses to strengthen
security, phased-in between fiscal years 2016 and 2020 (an
average of approximately 69 per year). This updated staffing
standard strengthens security at Federal courthouses by adding
court security officers in security control rooms and at
garage/loading docks at large courthouses. It also includes a
crucial exterior ``forward watch'' position outside courthouse
entrances to identify and address threats earlier, before the
gain entry to the courthouse.
The Committee is aware of problems with aging and failing
physical access control systems [PACS] at Federal courthouses
nationwide. PACS systems are designed to control access to
facilities and secure space for judges, authorized Federal
employees, and contractors. The judiciary transmitted
reprogramming notifications to the Committee in fiscal years
2014 and 2015 to replace additional PACS systems. The Committee
understands that the USMS has engaged the services of an expert
contractor to assist in developing a longer-term strategy for
replacing aging PACS systems judiciary-wide. The review is
expected to be completed in January 2016 and will include a
comprehensive, multi-year strategy for PACS replacement, which
the judiciary and USMS will use to develop cost estimates for
implementation. The Committee expects to be kept apprised of
the results of this review.
Administrative Office of the United States Courts
SALARIES AND EXPENSES
Appropriations, 2015.................................... $84,399,000
Budget estimate, 2016................................... 87,590,000
Committee recommendation................................ 86,000,000
PROGRAM DESCRIPTION
The Administrative Office [AO] of the United States Courts
was created in 1939 by an act of Congress. It serves the
Federal judiciary in carrying out its constitutional mission to
provide equal justice under the law. Beyond providing numerous
services to the Federal courts, the AO provides support and
staff counsel to the Judicial Conference of the United States
and its committees, and implements Judicial Conference policies
as well as applicable Federal statutes and regulations. The AO
is the focal point for communication and coordination within
the Federal judiciary and with Congress, the executive branch,
and the public on behalf of the judiciary.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $86,000,000.
This recommendation is $1,601,000 above the fiscal year 2015
funding level and $1,590,000 below the budget request.
Capital Improvement Plan.--The Committee appreciates that
the Judicial Conference has produced an updated 5-Year Plan
that utilizes the Asset Management Planning [AMP] process and
prioritizes courthouse construction funding requests utilized
by GSA in its budget request, but is interested in learning
more about how and with what frequency the Conference will
update court location criteria used in the scoring methodology.
For new construction projects on the 5-Year Plan, such criteria
includes data on security, space functionality, caseload
growth, and other factors and weights used throughout the
process. It also remains unclear how the Conference intends to
update requests to Congress, either annually or at regular
intervals as may be necessary to better inform decision-making
based on best available information about construction needs.
Not more than 45 days after the first meeting of the Judicial
Conference of the United States following enactment of this
act, the Director of the Administrative Office of the U.S.
Courts shall submit a report to the Committee that includes
this information, specifically describing the process for
updating scores and what impact new data might have on current
rankings and pending requests for appropriated funds.
Federal Judicial Center
SALARIES AND EXPENSES
Appropriations, 2015.................................... $26,959,000
Budget estimate, 2016................................... 27,679,000
Committee recommendation................................ 27,000,000
PROGRAM DESCRIPTION
The Federal Judicial Center, located in Washington, DC,
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 Center's responsibilities
include educating judges and other judicial branch personnel
about legal developments and efficient litigation management
and court administration. Additionally, the Center also
analyzes the efficacy of case and court management procedures
and ensures the Federal judiciary is aware of the methods of
best practice.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $27,000,000.
The recommendation is $41,000 above the fiscal year 2015
funding level and $679,000 below the budget request.
United States Sentencing Commission
SALARIES AND EXPENSES
Appropriations, 2015.................................... $16,894,000
Budget estimate, 2016................................... 17,540,000
Committee recommendation................................ 17,000,000
PROGRAM DESCRIPTION
The United States Sentencing Commission establishes,
reviews, and revises 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.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $17,000,000.
The recommendation is $106,000 above the fiscal year 2015
funding level and $540,000 below the budget request.
Administrative Provisions--The Judiciary
(INCLUDING TRANSFERS OF FUNDS)
The Committee recommends the following administrative
provisions for the judiciary:
Section 301 allows the judiciary to expend funds for the
employment of experts and consultative services.
Section 302 allows the judiciary, subject to the
Committee's reprogramming procedures, to transfer up to 5
percent between appropriations, but limits to 10 percent the
amount that may be transferred into any one appropriation.
Section 303 limits official reception and representation
expenses incurred by the Judicial Conference of the United
States to no more than $11,000.
Section 304 grants the judicial branch the same tenant
alteration authorities as the executive branch.
Section 305 provides continued authority for a court
security pilot program.
Section 306 allows a U.S. probation officer who has been
appointed in one district to provide supervision services to
another district with the consent of both courts.
Section 307 extends for 1 year the authorization of a
temporary judgeship in Kansas, Missouri, Alabama, Arizona,
Florida, New Mexico, Texas, California, and North Carolina.
TITLE IV
DISTRICT OF COLUMBIA
Federal Payments
FEDERAL FUNDS
A total of $688,679,000 in Federal funds are estimated to
be available to the District of Columbia government, the
District of Columbia Courts, the District of Columbia Court
Services and Offender Supervision Agency, and other DC
entities. This is $9,048,000 above the fiscal year 2015 enacted
level and $71,114,000 below the budget request.
FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT
Appropriations, 2015.................................... $30,000,000
Budget estimate, 2016................................... 40,000,000
Committee recommendation................................ 30,000,000
PROGRAM DESCRIPTION
The Resident Tuition Support program was created by the
District of Columbia College Access Act of 1999 (Public Law
106-98), expanded through the District of Columbia College
Access Improvement Act of 2002 (Public Law 107-157), and
amended and reauthorized through Public Law 110-97. The program
provides grants of up to $10,000 annually for undergraduate
District students to attend eligible public 4-year universities
and colleges nationwide. The grants are applied toward the cost
of the difference between in-State and out-of-State tuition.
Grants of up to $2,500 are provided for students to attend
private institutions in the DC metropolitan area, private
historically Black colleges and universities nationwide, and
public 2-year community colleges nationwide.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $30,000,000
for the resident tuition support program, the same as the
fiscal year 2015 enacted level. The Committee has also included
language from the budget request that reduces the annual
household income threshold for program eligibility to $450,000.
The Committee directs that the State Superintendent shall
include, as a component of the fiscal year 2017 budget
justification submission, an annual update of the District's
efforts, including research findings, to enhance the retention,
persistence, and graduation rates of program participants,
including early awareness and readiness initiatives to promote
academic college preparation, guidance, and other support
mechanisms and partnerships. The budget justification should
also describe the status and effectiveness of cost containment
measures instituted.
FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS IN THE
DISTRICT OF COLUMBIA
Appropriations, 2015.................................... $12,500,000
Budget estimate, 2016................................... 14,900,000
Committee recommendation................................ 13,000,000
PROGRAM DESCRIPTION
As the seat of the Federal Government, the District of
Columbia and its police, fire and emergency personnel have a
unique and significant responsibility to protect the property
and personnel of the 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.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $13,000,000,
for the District of Columbia for the costs of providing public
safety at events related to the presence of the national
capital in the District of Columbia, for the costs of providing
support requested by the United States Secret Service Division
in carrying out their protective duties under the direction of
the Secretary of Homeland Security, and for the costs of
providing support to respond to immediate and specific
terrorist threats or attacks in the District of Columbia or
surrounding jurisdictions. This is $500,000 above the fiscal
year 2015 enacted level.
The Committee directs the District of Columbia to submit a
detailed budget justification for emergency planning and
security with its funding request for fiscal year 2017. The
Committee further directs the District of Columbia to submit,
within 60 days of the end of fiscal year 2016, a report to the
House and the Senate Committees on Appropriations detailing the
purposes and amounts expended using the funds, particularly
noting any deviation from the original proposed spending.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS
Appropriations, 2015.................................... $245,110,000
Budget estimate, 2016................................... 274,401,000
Committee recommendation................................ 246,000,000
PROGRAM DESCRIPTION
Under the National Capital Revitalization and Self-
Government Improvement Act of 1997 (Public Law 105-33, title
XI), the Federal Government is required to finance the District
of Columbia Courts, the judicial branch of the District of
Columbia government. This Federal payment to the District of
Columbia Courts funds the operations of the District of
Columbia Court of Appeals, Superior Court, the Court System,
and the Capital Improvement Program. By law, the annual budget
includes estimates of the expenditures for the operations of
the Courts prepared by the Joint Committee on Judicial
Administration, the Court's policy-making body, as well as the
President's recommendation for funding the Courts' operations.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment to the District
of Columbia Courts of $246,000,000, which is $890,000 above the
fiscal year 2015 enacted level. This amount includes
$14,000,000 for the Court of Appeals, $122,000,000 for the
Superior Court, $72,000,000 for the Court System, and
$38,000,000 for capital improvements to courthouse facilities.
FEDERAL PAYMENT FOR DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS
Appropriations, 2015.................................... $49,890,000
Budget estimate, 2016................................... 49,890,000
Committee recommendation................................ 49,890,000
PROGRAM DESCRIPTION
The District of Columbia Courts appoint and compensate
attorneys to represent persons who are financially unable to
obtain such representation. The Defender Services programs
provide counsel for indigent persons who are charged with
criminal offenses, for family proceedings involving child
abuse, neglect, and termination of parental rights, and for
guardianship proceedings for protection of mentally
incapacitated individuals and minors whose parents are
deceased.
In addition to legal representation, these programs provide
indigent persons with services such as transcripts of court
proceedings, expert witness testimony, foreign and sign
language interpretation, and investigations and genetic
testing.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $49,890,000
for Defender Services in the District of Columbia Courts. This
is the same as the fiscal year 2015 enacted level and the same
as the budget request.
FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER SUPERVISION AGENCY
FOR THE DISTRICT OF COLUMBIA
Appropriations, 2015.................................... $234,000,000
Budget estimate, 2016................................... 244,763,000
Committee recommendation................................ 242,000,000
PROGRAM DESCRIPTION
The Court Services and Offender Supervision Agency [CSOSA]
for the District of Columbia is an independent Federal agency
created by the National Capital Revitalization and Self-
Government Improvement Act of 1997 (Public Law 105-33, title
XI). CSOSA acquired the operational responsibilities for the
former District agencies in charge of probation and parole, and
houses the Pretrial Services Agency within its framework. The
mission of CSOSA is to increase public safety, prevent crime,
reduce recidivism, and support the fair administration of
justice in close collaboration with the community. In fiscal
year 2014, the Community Supervision Program supervised
approximately 13,250 adult offenders on a daily basis and
20,863 different offenders over the course of a year. During
fiscal year 2014, the Pretrial Services Agency [PSA] supervised
18,656 defendants.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $242,000,000,
which is $8,000,000 above the fiscal year 2015 enacted level.
Of this amount, $61,000,000 is designated for the Pretrial
Services Agency and $181,000,000 is designated for the
Community Supervision Program.
The Community Supervision Program's [CSP] challenge in
effectively supervising and reducing recidivism among the
offender population is substantial. Many offenders have
significant needs, are a high risk to public safety and are
prone to recidivate. In fiscal year 2014, 7,724 adult offenders
entered supervision; 82 percent of those intakes reported
having a history of substance abuse, 37 percent had diagnosed
or self-reported mental health issues, 35 percent had less than
a high school diploma, 41 percent were unemployed and 9 percent
were homeless or resided in homeless shelters or other
emergency housing. Offenders who fail to successfully complete
supervision and/or recidivate place an enormous burden on the
offender's family, the community and the entire criminal
justice system.
The Committee notes that CSP research of offender outcomes
has shown that, compared to the total supervised population,
offenders who recidivate are more likely to be younger, test
positive for drugs, have unstable housing, lack employment, be
supervised as part of a mental health caseload, and be assessed
by CSP at the highest risk levels. The Committee supports the
CSP's efforts to continue to adjust its programs and reallocate
resources toward effective supervision of the highest risk and
highest need offenders.
The Committee also notes the efforts of the Pretrial
Services Agency to ensure public safety through high quality
risk-assessment, supervision and treatment procedures. Funds
provided will help support efforts to improve identification of
defendants who pose a higher risk of pretrial failure, enhance
supervision and oversight of these defendants, and work with
local partners to expand services and support for persons with
substance dependence and mental health needs.
The Committee supports the request to allow $3,159,000 of
CSOSA funding to remain available until September 30, 2018 for
the relocation of an offender supervision field office.
FEDERAL PAYMENT TO THE PUBLIC DEFENDER SERVICE FOR THE DISTRICT OF
COLUMBIA
Appropriations, 2015.................................... $41,231,000
Budget estimate, 2016................................... 40,889,000
Committee recommendation................................ 40,889,000
PROGRAM DESCRIPTION
The Public Defender Service [PDS] for the District of
Columbia, an independent organization established by a District
of Columbia statute (16 D.C. Code 2-1601-1608), has a distinct
mission to provide and promote quality legal representation
services within the District of Columbia justice system. PDS
provides legal representation to indigent adults and children
facing loss of liberty and provides support in the form of
training, consultation, and legal reference services to members
of the local bar appointed as counsel in criminal, juvenile,
and mental health cases involving indigent individuals.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment to the Public
Defender Service for the District of Columbia of $40,889,000,
which is $342,000 below the fiscal year 2015 enacted level and
the same as the budget request.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY
Appropriations, 2015.................................... $14,000,000
Budget estimate, 2016................................... 24,300,000
Committee recommendation................................ 14,000,000
PROGRAM DESCRIPTION
Approximately one-third of the District of Columbia is
served by a combined sewer system, constructed by the Federal
Government in 1890, in which both sanitary waste and storm
water flow through the same pipes. When the collection system
or the Blue Plains treatment plant reach capacity, typically
during periods of heavy rainfall, the system is designed to
overflow the excess water. This mixture of sewage and storm
water runoff is discharged to the Anacostia and Potomac Rivers,
Rock Creek, and tributary waters between 60 and 75 times each
year. Under a judicial consent decree entered on March 23,
2005, the Water and Sewer Authority is undertaking a 20-year,
$2,600,000,000 sewer construction program to reduce combined
sewer overflows [CSO]. The Clean Rivers Project includes deep
underground storage tunnels, side tunnels to reduce flooding,
pump station rehabilitation, and the elimination of over a
dozen CSO outfalls along the Potomac and Anacostia Rivers and
Rock Creek. When completed in 2025, this project is expected to
vastly improve water quality and significantly reduce
contaminated discharges into and debris in our Nation's capital
waterways as well as improve the health of the Chesapeake Bay.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $14,000,000
to be matched by at least $14,000,000 provided by the Water and
Sewer Authority (DC Water), to continue implementation of the
Long-Term Combined Sewer Overflow Control Plan. This is the
same as the fiscal year 2015 enacted level.
FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING COUNCIL
Appropriations, 2015.................................... $1,900,000
Budget estimate, 2016................................... 1,900,000
Committee recommendation................................ 1,900,000
PROGRAM DESCRIPTION
The Criminal Justice Coordinating Council for the District
of Columbia [CJCC] is the primary forum in which District of
Columbia criminal justice agencies can identify and address
interagency coordination on issues such as illegal drugs,
juvenile justice, halfway houses, information technology, and
identification of arrestees to improve public safety in the
District of Columbia for its residents, visitors, victims, and
offenders.
The CJCC was originally established pursuant to a
memorandum of agreement in May 1998 and functions as an
independent working group to foster cooperation among the more
than a dozen Federal and local governmental agencies which have
law enforcement responsibility in our Nation's capital. Under a
local enactment in August 2001, the CJCC was established as an
independent agency within the District of Columbia.
The CJCC maintains the Justice Integrated Information
System [JUSTIS] using technology that allows for the seamless
sharing of information at critical decision points throughout
the justice system. JUSTIS connects Federal agencies, the
District government, and court information systems, so that
criminal activity can be easily monitored across an array of
participating agencies. Agencies currently using JUSTIS include
the Metropolitan Police Department, the D.C. Department of
Corrections, D.C. Superior Court, the U.S. Park Police, the
U.S. Capitol Police, the U.S. Bureau of Alcohol, Tobacco,
Firearms, and Explosives, the Pretrial Services Agency, CSOSA,
the U.S. Attorney's Office for the District of Columbia, and
the D.C. and Maryland Public Defenders Service. No other system
provides this range of access to Federal and local information
in the District.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $1,900,000 to
CJCC. This is the same as the fiscal year 2015 enacted level
and the same as the budget request.
The Committee directs the CJCC to submit annual performance
measures in an annual report to accompany the fiscal year 2017
budget justification, which should also describe progress made
on specific CJCC initiatives.
FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS
Appropriations, 2015.................................... $565,000
Budget estimate, 2016................................... 565,000
Committee recommendation................................ 565,000
PROGRAM DESCRIPTION
The Commission on Judicial Disabilities and Tenure provides
support to the District of Columbia Court of Appeals and
Superior Court through reviewing and investigating allegations
of judicial misconduct warranting disciplinary action;
involuntary judicial retirements due to health; evaluation of
judges seeking reappointment to the bench; and evaluation of
retired judges seeking to continue service as a senior judge.
The mission of the Commission on Judicial Disabilities and
Tenure is to maintain public confidence in an independent,
impartial, fair, and qualified judiciary, and to enforce the
high standards of conduct judges must adhere to both on and off
the bench. The Judicial Nomination Commission recommends
candidates to the President of the United States for nomination
to judicial vacancies in these courts. In accordance with the
National Capital Revitalization and Self-Government Improvement
Act of 1997 (Public Law 105-33), the Federal Government is
responsible for financing of the District of Columbia Courts,
including the operations of the District of Columbia Court of
Appeals, Superior Court, the Court System, and the Capital
Improvement Program. Although independent of the Courts by
design, these two Commissions provide important functions
within the judicial branch of local government in the District
of Columbia.
COMMITTEE RECOMMENDATION
The Committee recommends $565,000 as a Federal payment for
the judicial commissions, of which $270,000 is designated for
the Judicial Nomination Commission and $295,000 is designated
for the Commission on Judicial Disabilities and Tenure. This
amount is the same as the fiscal year 2015 enacted level and
the budget request. Funds shall remain available until
September 30, 2017.
FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT
Appropriations, 2015.................................... $45,000,000
Budget estimate, 2016................................... 43,200,000
Committee recommendation................................ 45,000,000
PROGRAM DESCRIPTION
As authorized by Scholarships for Opportunity and Results
Act (SOAR Act) and as part of a three-part comprehensive
funding strategy, the District of Columbia receives funds for
District of Columbia Public Schools, Public Charter Schools and
Opportunity Scholarships. The intent of this comprehensive
funding approach was to ensure progress and improvement of DCPS
and public charter schools, while ensuring continued funding to
support the Opportunity Scholarship Program for students to
attend private schools.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $45,000,000
for school improvement which is the same as the fiscal year
2015 enacted level and $1,800,000 above the budget request.
These funds are allocated as follows: $15,000,000 for District
of Columbia Public Schools, $15,000,000 for Public Charter
Schools and $15,000,000 for Opportunity Scholarships.
The Administration proposed and the recommendation provides
$3,200,000, within the total provided, for the administrative,
parental assistance, student academic assistance, and
evaluation costs of the opportunity scholarship program. The
level of funding for these activities is above the levels
authorized by SOAR. However, the Committee supports the
Administration's request and believes that it is critical that
additional funding be provided to effectively administer the
program, to increase parental assistance and outreach, and to
provide academic assistance to students.
FEDERAL PAYMENT FOR THE D.C. NATIONAL GUARD
Appropriations, 2015.................................... $435,000
Budget estimate, 2016................................... 435,000
Committee recommendation................................ 435,000
PROGRAM DESCRIPTION
The D.C. National Guard is a Federal, rather than a local,
entity and responds to orders of the President of the United
States who is the Commander-in-Chief of the D.C. National Guard
pursuant to law (District of Columbia Official Code sections
49-409 and Executive Order No. 11485 (October 1, 1969)). Unlike
a Governor of a State, the Mayor is not authorized to deploy
the National Guard under any circumstances. The District of
Columbia National Guard is specifically trained to support law
enforcement during critical missions, such as demonstrations,
Presidential inaugurations and funerals, and emergency services
for weather-related contingencies. However, residency
restrictions preclude a significant number of Guard members
from eligibility for tuition assistance programs, which has
severely hampered recruitment and retention efforts.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $435,000 for
the D.C. National Guard designated for the Major General David
F. Wherley, Jr. District of Columbia National Guard Retention
and College Access Program, a tuition assistance program for
nonresident District of Columbia National Guard members. This
amount is the same as the fiscal year 2015 enacted level and
the same as the budget request.
FEDERAL PAYMENT FOR HIV/AIDS PREVENTION
Appropriations, 2015.................................... $5,000,000
Budget estimate, 2016................................... 5,000,000
Committee recommendation................................ 5,000,000
PROGRAM DESCRIPTION
Based on the national HIV/AIDS case based reporting system,
the District has among the highest AIDS diagnosis rates in the
country. Currently, 2.5 percent of the population was diagnosed
and is living with HIV. The District has established an
evidence-based strategy of expanding routine HIV screening and
early diagnosis, linkage and retention into care and treatment
and population-level interventions that achieve large
prevention impact.
COMMITTEE RECOMMENDATION
The Committee recommendation includes a Federal payment of
$5,000,000 to support testing and treatment of HIV/AIDS.
FEDERAL PAYMENT FOR CLIMATE RISK MANAGEMENT
Appropriations, 2015....................................................
Budget estimate, 2016................................... $750,000
Committee recommendation................................................
The budget requests a special Federal payment for
development of a climate change adaptation plan to identify
climate risks to the District of Columbia, vulnerabilities, and
mitigation options.
COMMITTEE RECOMMENDATION
The Committee is unable to support the request for a new
special Federal payment to the District of Columbia for a
climate risk management plan.
FEDERAL PAYMENT FOR DC SOLAR POWER INITIATIVE
Appropriations, 2015....................................................
Budget estimate, 2016................................... $1,000,000
Committee recommendation................................................
The budget requests a special Federal payment of $1,000,000
for the expansion of the DC Department of Energy's EnergySmart
DC Solar Initiative.
COMMITTEE RECOMMENDATION
The Committee is unable to support the request for a new
special Federal payment to the District of Columbia.
FEDERAL PAYMENT FOR ST. ELIZABETHS EAST CAMPUS DEVELOPMENT
Appropriations, 2015....................................................
Budget estimate, 2016................................... $9,800,000
Committee recommendation................................................
The budget requests a special Federal payment of $9,800,000
for establishment of the St. Elizabeths Research and
Development Innovation Center on the East Campus of the St.
Elizabeths campus in Washington, DC.
COMMITTEE RECOMMENDATION
The Committee is unable to support the request for a new
special Federal payment to the District of Columbia.
FEDERAL PAYMENT FOR PERMANENT SUPPORTIVE HOUSING
Appropriations, 2015....................................................
Budget estimate, 2016................................... $6,000,000
Committee recommendation................................................
The budget requests a special payment for the District of
Columbia for construction of new transitional housing units for
homeless families in the District of Columbia.
COMMITTEE RECOMMENDATION
The Committee is unable to support the request for a new
special Federal payment to the District of Columbia. The
Committee urges the District to fully explore and exhaust other
Federal grant options and private sources to augment local
investments to support this program in fiscal year 2016.
FEDERAL PAYMENT FOR ARTS AND CULTURAL AFFAIRS GRANTS
Appropriations, 2015....................................................
Budget estimate, 2016................................... $1,000,000
Committee recommendation................................................
The budget requests a special payment to the District of
Columbia Commission on Arts and Humanities for competitive
grants for general operating support for District-based
organizations whose primary function is the exhibition or
presentation of, or training in, fine arts and humanities in
the District of Columbia.
COMMITTEE RECOMMENDATION
The Committee is unable to support the request for a new
special Federal payment to the District of Columbia.
FEDERAL PAYMENT FOR MASS TRANSIT INNOVATION PLAN
Appropriations, 2015....................................................
Budget estimate, 2016................................... $1,000,000
Committee recommendation................................................
The budget requests a special payment to the Washington
Metropolitan Area Transit Authority to fund a strategic plan
for regional mass transit innovation, $1,000,000.
COMMITTEE RECOMMENDATION
The Committee is unable to support the request for a new
special Federal payment to the District of Columbia.
District of Columbia Funds
The Committee recommends, for the operating expenses of the
District of Columbia, the amount which will be submitted to
Congress by the government of the District of Columbia as set
forth in the enrolled version of the Fiscal Year 2016 Budget
Request Act of 2015, District of Columbia Bill 21-157, as may
be amended. The local budget proposed by the Mayor provides an
appropriation of $12,947,956,559 for operations of the District
of Columbia. This amount includes estimated funding of
$7,327,736,018 of local funds, $2,141,369,984 in Medicaid
payments, and the remainder from other Federal and local funds.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
SALARIES AND EXPENSES
Appropriations, 2015.................................... $3,100,000
Budget estimate, 2016................................... 3,207,000
Committee recommendation................................ 3,100,000
PROGRAM DESCRIPTION
The Administrative Conference of the United States [ACUS]
is an independent agency and advisory committee created to
study administrative processes in order to recommend
improvements to Congress and agencies.
COMMITTEE RECOMMENDATION
The Committee recommends $3,100,000 for ACUS for fiscal
year 2016.
Bureau of Consumer Financial Protection
ADMINISTRATIVE PROVISIONS
The Committee supports strong and effective consumer
protection. The Committee strongly believes it is important
that consumers do not encounter unfair, deceptive, or abusive
acts or discrimination.
However, under the current structure of the Consumer
Financial Protection Bureau [CFPB], the Director enjoys
unprecedented regulatory and budgetary authority without
meaningful appropriations oversight to ensure that the Director
is effectively managing public money.
The appropriations process provides an important check on
agency expenditures and fosters accountability and
transparency. While protecting consumers is and should remain a
government priority, the unfettered authority granted to the
CFPB Director precludes meaningful congressional oversight to
ensure that the agency does not engage in wasteful or
inappropriate spending.
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 the Committee 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, provide checks and balances, and a measure of
continuity that a single head cannot.
The Consolidated and Further Continuing Appropriations Act
of 2015 requires the CFPB to notify certain congressional
committees when a request for a transfer for funds is made to
the Board of Governors of the Federal Reserve System in
accordance with section 1017 of Public Law 111-203. However,
the Committee is disappointed with the lack of transparency
from the CFPB about how the funds would be spent. The Committee
directs the CFPB to provide to the Committee on Appropriations
on the date that a request is made for a transfer of funds a
detailed spend plan that includes, but is not limited to, a
break down by program and object class of how the funds would
be spend during the time period covered by such request.
Budget Briefing.--Given the need for transparency and
accountability in the Federal budgeting process, the Committee
directs the Bureau to provide an informal, nonpublic full
briefing at least annually before the relevant Appropriations
subcommittee on the Bureau's finances and expenditures.
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 the expenditures of the CFPB, especially since its
funding would otherwise be returned to the Treasury to reduce
our growing 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 2017.
Section 503. The Committee continues a provision enacted in
fiscal year 2015, with modification, that requires CFPB to
notify the Committees on Appropriations of the House and
Senate, the Committee on Financial Services of the House and
the Committee on Banking, Housing, and Urban Affairs of the
Senate of requests for a transfer of funds from the Federal
Reserve System. Additionally, the Committee includes a
provision that requires these notifications be made available
on the CFPB's public Web site.
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.
Section 505. The Committee changes the CFPB leadership
structure to a five-member commission.
Commodity Futures Trading Commission
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
Appropriations, 2015.................................... $250,000,000
Budget estimate, 2016................................... 322,000,000
Committee recommendation................................ 250,000,000
PROGRAM DESCRIPTION
The Commodity Futures Trading Commission [CFTC] was
established as an independent agency by the Commodity Futures
Trading Commission Act of 1974 (88 Stat. 1389; 7 U.S.C. 4a).
The Commission administers the Commodity Exchange Act, 7 U.S.C.
section 1, et seq.
The CFTC oversees our Nation's futures, options and swaps
markets. The Commission's mission is to foster transparent,
open, competitive and financially sound derivatives markets.
Effective oversight by the CFTC protects market participants
from fraud, manipulation and abusive practices, and protects
the public and our economy from systemic risk related to
derivatives.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $250,000,000
for the Commodity Futures Trading Commission to remain
available until September 30, 2017.
The Committee recommendation includes $51,000,000 for the
purchase of information technology. The Committee highlights
the crucial need for the CFTC to make mission-critical
investments in technology to sort through the vast volume of
data and information generated daily by markets. The CFTC's
responsibilities to conduct effective oversight and analysis of
the swaps and futures markets requires greater attention to and
investments in its information technology systems.
Practice varies across agencies regarding whether certain
overhead expenses are charged to inspectors general and paid
out of the appropriation they receive or whether the costs are
borne by the agency. In fiscal year 2015, the Committee
provided $2,620,000 to the CFTC Office of Inspector General
[OIG] with the expectation that a portion of this funding would
be used to pay for the Inspector General's share of overhead
expenses that are charged to all CFTC divisions. The Committee
presumes the CFTC's practice of charging overhead to each
division, including the OIG, will continue in fiscal year 2016.
The Committee recommendation for fiscal year 2016 includes
$2,620,000 for the OIG. Of this amount, not more than $322,000
shall be for overhead expenses.
The Committee remains concerned that the CFTC has made
long-term budgetary and leasing decisions based on the agency's
requested budget level rather than on its enacted
appropriation. Given the agency's budget request has far
exceeded the appropriated amount it received in recent years,
the CFTC Inspector General has criticized the agency for
allowing ``hope to trump experience'' in long-term budgeting
decisions.
The Committee is aware of negotiations at the Commission
concerning a collective bargaining agreement for agency
employees. The Committee notes that under the Financial
Institutions Reform, Recovery and Enforcement Act [FIRREA], the
CFTC and a small number of financial regulatory agencies
already provide significantly higher salaries and increased
benefits compared to other departments and agencies under the
General Schedule and Senior Executive Service salary scale.
Most of the agencies covered by FIRREA are outside the
appropriations process. However, the CFTC's budget is set by
the Committee, and under the terms of the Anti-Deficiency Act,
an agency may not commit to pay any expense for which it has
not received sufficient appropriations. Furthermore, the Anti-
Deficiency Act requires that agencies ensure that the cost of
agreements made in collective bargaining be constrained by the
dollar limitations of their appropriations. The Committee
directs the CFTC to not increase agency personnel or benefit
costs through excessive hiring or collective bargaining
agreement negotiations that would result in furloughs,
reductions-in-force, or a hiring freeze that could compromise
the agency's ability to carry out its mission of fostering open
and transparent markets and protecting market users from fraud,
manipulation, and abusive practices.
Leasing and Occupancy Levels.--The Committee is deeply
concerned with the vacant office space and low space
utilization rates at the CFTC. In 2014, the CFTC Inspector
General estimated that the Commission will pay tens of millions
of dollars for vacant office space over the life of the CFTC's
four current leases if the agency does not take remedial
action.
According to the Inspector General, the CFTC claimed that
their lease of vacant offices had been and remained a
justifiable expense ``on the basis of the CFTC's requested
budgets since 2011--if only they were appropriated--would be
sufficient to fill the vacant space.'' The Office of Inspector
General stated that this was ``an instance of hope trumping
experience . . . Given the shortfall between CFTC budget
requests and Congress-approved budgets since fiscal year 2012,
we do not believe that the `realm of possibility' is the
appropriate metric by which CFTC Management should base its
decision to spend taxpayer dollars on vacant offices.''
Given the agency's recurring appeals for additional
funding, the Committee remains concerned that a significant
amount of taxpayer money that could otherwise be used to
protect investors and ensure our markets are free from fraud,
manipulation and other abuses is instead spent on unneeded
office space. The Committee directs the CFTC to report to the
Committee within 90 days of enactment of this act on steps the
agency is taking to dispose of excess space and reduce rental
costs in each building currently leased by the Commission.
The Committee also reminds the CFTC that it is required to
consult with the General Services Administration [GSA] before
seeking new office space or making alterations to existing
office space pursuant to Section 618 of Division E of Public
Law 113-235. The Committee directs the Commission to continue
consulting with GSA in fiscal year 2016 prior to issuing a
solicitation for offers of new leases or construction contracts
and before entering into negotiations for succeeding leases.
Spending Plan.--The Committee directs the CFTC to submit,
within 30 days of enactment, a detailed spending plan for the
allocation of the funds made available, displayed by discrete
program, project, and activity, including staffing projections,
specifying both FTEs and contractors, and planned investments
in information technology.
Regulatory Coordination and Harmonization.--The Committee
believes it is important for the CFTC and SEC to ensure optimum
harmonization with each other in executing the respective
oversight responsibilities of each agency with respect to over-
the-counter derivative products. The Committee expects the CFTC
and the SEC to consult and coordinate, to the greatest extent
possible, in order to limit inconsistent regulation of similar
entities, products, and markets.
Consumer Product Safety Commission
salaries and expenses
Appropriations, 2015.................................... $123,000,000
Budget estimate, 2016................................... 129,000,000
Committee recommendation................................ 123,000,000
PROGRAM DESCRIPTION
The Consumer Product Safety Commission [CPSC] is an
independent regulatory agency that was established on May 14,
1973, and is responsible for protecting the public against
unreasonable risks of injury from consumer products; assisting
consumers to evaluate the comparative safety of consumer
products; developing uniform safety standards for consumer
products and minimizing conflicting State and local
regulations; and promoting research and investigation into the
causes and prevention of product-related deaths, illnesses, and
injuries.
In carrying out its mandate, the CPSC establishes mandatory
product safety standards, where appropriate, to reduce the
unreasonable risk of injury to consumers from consumer
products; helps industry develop voluntary safety standards;
bans unsafe products if it finds that a safety standard is not
feasible; monitors recalls of defective products; informs and
educates consumers about product hazards; conducts research and
develops test methods; collects and publishes injury and hazard
data; and promotes uniform product regulations by governmental
units.
COMMITTEE RECOMMENDATION
The Committee recommends $123,000,000 for the Consumer
Product Safety Commission.
Antideficiency Act Violations.--Since fiscal year 2014, the
CPSC has reported Antideficiency Act [ADA] violations on three
separate occasions. While these reports are troubling, the
Committee is also concerned that the CPSC neglected to notify
Congress of the violations in a timely manner.
Most notably, one series of violations occurred from
approximately January 1, 1996, to September 25, 2013. According
to the Inspector General, more than $1,200,000 in appropriated
funds were expended without legal authority since fiscal year
2007; however, the agency is unable to determine the full
extent of the violation dating back to 1996 because it no
longer has the relevant financial records.
The Committee notes that according to the Inspector
General, the CPSC has taken corrective action to address the
ADA violations. However, the Committee remains concerned that
there is need for additional improvements to the agency's
accounting practices. Therefore, the Committee requests that
the Government Accountability Office conduct an evaluation of
the CPSC's internal controls including its policies and
procedures with respect to its field investigative workforce,
salaries and expenses, travel, and training to determine the
degree to which necessary safeguards have been implemented and
to consider any improvements that could be made to the agency's
internal controls as necessary.
Flame Retardant Chemicals.--As the Commission considers new
upholstered furniture flammability standards, the Committee
encourages the Commission to take steps to reduce or limit the
use of flame retardant chemicals pursuant to its consumer
products safety rule authority (15 U.S.C. 2058). In 2012, the
Commission released a study that indicates that flame retardant
chemicals, as currently used in upholstered furniture foam,
have no practical impact on flammability.
Furniture Tip-Overs.--Furniture tip-overs, particularly
televisions, remain a serious risk to children and consumers.
The Committee encourages the Commission to continue to engage
with industry, consumer groups, and the public to increase
efforts to limit or mitigate the risk associated with furniture
tip-overs.
Recreational Off-highway Vehicles.--The Committee is
concerned with the Commission's decision to pursue a rulemaking
regarding recreational off-highway vehicles [ROVs]. The
Committee notes the ROV industry recently updated its voluntary
standards and continues to evaluate potential design
enhancements to improve rider safety. Numerous industry groups,
stakeholders, and lawmakers have expressed concerns regarding
the Commission's methods of evaluating data and ensuring an
open and transparent process. The bill includes provisions in
title VI to require the National Academy of Sciences, in
consultation with the National Highway Traffic Safety
Administration and the Department of Defense, to examine the
proposed mandatory design standards prior to CPSC finalizing
any rulemaking.
Youth Sports Concussion.--Within 180 days of enactment,
CPSC shall report to the Committee on voluntary industry
standards and product labeling requirements for youth sports
protective headgear and helmets, including Commission
participation and Commission employee involvement in voluntary
standards activities.
Election Assistance Commission
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2015.................................... $10,000,000
Budget estimate, 2016................................... 9,600,000
Committee recommendation................................ 9,600,000
PROGRAM DESCRIPTION
The Election Assistance Commission [EAC] was created by the
Help America Vote Act of 2002 [HAVA] (Public Law 107-252) and
is charged with implementing provisions of that act relating to
the reform of Federal election administration.
COMMITTEE RECOMMENDATION
The Committee provides $9,600,000 for EAC's administrative
expenses, which is $400,000 less than the fiscal year 2015
enacted level and the same as the budget request. The Committee
bill requires that $1,500,000 of these funds be transferred to
the National Institute for Standards and Technology [NIST] for
technical assistance related to the development of voluntary
State voting systems guidelines.
Within 30 days of the transfer, the Director of NIST (or
designee) shall provide to the Executive Director (or Acting)
of the EAC and the Committee an expenditure plan for the funds
that includes: (1) the number and position title and office of
each staff person doing work and amount of time each staff
person spends on that work; (2) the specific tasks accomplished
including length of time needed to accomplish the task; (3) an
explanation of expenditures, including contracts and grants,
and use of the EAC funding transferred to NIST (including
enumeration of funds); and (4) an explanation of how the work
accomplished relates to mandated activities under HAVA.
Finally, the Executive Director (or Acting) of the EAC and
Director of NIST (or designee) shall work together to set
priorities for the work outlined in order to meet timelines.
Federal Communications Commission
SALARIES AND EXPENSES
Appropriations, 2015.................................... $339,844,000
Budget estimate, 2016................................... 388,000,000
Committee recommendation................................ 364,168,497
PROGRAM DESCRIPTION
The Federal Communications Commission [FCC] is charged with
regulating interstate and international communications by
radio, television, wire, satellite, and cable. The FCC is also
charged with promoting the safety of life and property through
wire and radio communications. The mandate of the FCC under the
Communications Act is to make available to all people of the
United States a rapid, efficient, nationwide, and worldwide
wire and radio communication service. The FCC performs five
major functions to fulfill this charge: (1) spectrum
allocation; (2) creating rules to promote fair competition and
protect consumers where required by market conditions; (3)
authorization of service; (4) enhancing public safety and
homeland security; and (5) enforcement.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $320,000,000
for the Salaries and Expenses of the FCC for fiscal year 2016.
In addition, the Committee provides $44,168,497 dedicated
solely to moving expenses associated with the FCC's expiring
lease for its headquarters building and that will be utilized
to either relocate operations to a new facility with
substantially reduced square footage and lower rental expenses
or to significantly reduce the agency's leased space at its
current location and restack employees within the smaller
footprint. In recent years, the Commission has prioritized
politically polarizing rulemaking at the expense of the
agency's mission-critical work. It is the Committee's hope that
the Commission will better allocate the resources it receives
in fiscal year 2016 to more effectively fulfill the agency's
core responsibilities under the Communications Act. The total
appropriation of $364,168,497 will be derived from offsetting
collections.
Open Internet.--The Committee is greatly concerned that the
Open Internet Order adopted on February 26, 2015, will stifle
innovation and investment in broadband Internet service. Of
particular concern is the possibility that title II of the
Communications Act will now be utilized to regulate broadband
Internet rates. While statements that the Open Internet Order
is not intended to regulate rates are positive developments,
the Committee remains concerned that the Order may be
interpreted by the Commission to provide such authority. The
Committee has included provisions in title VI to address these
concerns.
The Committee also recommends that up to $117,000,000 be
retained from spectrum auction activities to fund the
administrative expenses of conducting such auctions.
The Committee has included language (section 510) to extend
FCC's exemption from the Anti-deficiency Act [ADA] until
December 31, 2017.
The Committee has included language (section 511) that
prohibits the FCC from enacting certain recommendations
regarding universal service that were made by the Joint Board
of FCC members and State utility commissioners.
Standalone Broadband.--The Committee recognizes the growing
demand for broadband services in high cost areas of the
country. Furthermore, the committee recognizes that an
increasing number of consumers prefer to obtain broadband
service in place of traditional voice service. Currently, there
is no mechanism in place for rural rate-of-return carries to
recover costs from the Universal Service Fund for broadband
only customers. As such, the Committee directs the FCC to
propose rules that carefully update existing Universal Service
Fund mechanisms to provide sufficient support where consumers
in areas served by smaller rural carriers choose to adopt only
broadband services.
Wireless Support.--The Committee includes a provision that
would provide certainty to rural wireless broadband users and
carriers across the Nation as the Federal Communications
Commission continues to develop a new framework for parts of
the Universal Service Fund. The provision reaffirms the intent
of current regulations adopted by the Commission (47 CFR
54.307(e)(5) and (e)(6)) that provide that competitive eligible
telecommunications carriers will continue to receive reliable
support until Mobility Fund Phase II is implemented. The
Committee preserves the Commission's flexibility to develop
nationwide replacement mechanisms for high-cost support, which
could include Mobility Fund Phase II, another support
mechanism, or set of support mechanisms and a separate but
complimentary Alaska-specific support mechanism. The Committee
does not intend that this section will limit the Commission's
consideration, development, or adoption of a replacement
mechanism other than Mobility Fund Phase II or a separate
Alaska-specific support mechanism.
Enhanced Underwriting Announcements.--The Committee
understands that in the current economic environment, Non-
Commercial Educational [NCE] Public Interest Obligation [PIO]
license holders are facing financial challenges and looking for
new and efficient ways of operating. It is important to ensure
that NCE PIO standards for enhanced underwriting announcements
are applied uniformly for all such stations. Therefore, the
Committee encourages the FCC to work with all broadcasters to
consider their intent when reviewing and interpreting the NCE
PIO guidelines and to provide parity in treatment to all
stations.
Earthquake Alert System.--The FCC shall submit a report to
Congress within 9 months of enactment of this act detailing all
regulatory and statutory changes that would be necessary to
ensure that earthquake-related emergency alerts using the
Integrated Public Alert and Warning System and other associated
alerting systems can be delivered to and received by the public
in fewer than 3 seconds. The report shall include an analysis
of signals, cell phone protocols, geographic targeting, and
limitations on message length and content, as well as similar
parameters associated with the dissemination of alerts by non-
wireless providers.
Call Completion in Rural Areas.--The FCC shall report to
the Committee within 90 days of enactment of this act detailing
the Commission's efforts to resolve call completion issues and
to prevent discriminatory delivery of calls to any area of the
country. The report shall include information on the number of
call completion complaints filed with the Commission in the
previous 12 months and on the Commission's resulting
enforcement actions.
Incentive Auction.--The Middle Class Tax Relief and Job
Creation Act of 2012 (Public Law 112-96) authorized the FCC to
conduct a voluntary broadcast incentive auction, and Congress
allocated $1,750,000,000 to reimburse the service and equipment
costs of channel relocation incurred by the television
broadcast industry, such as changes to antennas, transmitters,
transmission lines, and towers. The Committee is concerned
about the relocation costs that broadcasters may face due to
the realignment of channels and spectrum during the incentive
auction. The Committee supports the incentive auction and
expects the FCC to continue to work toward its success. The
Committee strongly encourages the FCC to continue to work with
broadcasters to develop a reasonable framework for repacking to
ensure a successful voluntary auction.
Broadband Connectivity on Tribal Lands.--The Committee
remains concerned about the lack of access to broadband
services on tribal lands. According to data collected by the
FCC, only 63 percent of residents on rural, tribal lands have
access to fast broadband service, which is eight times worse
than the national average. The Committee urges the FCC to take
action to increase access to broadband on tribal lands, and
recommends $300,000 to support consultation with federally
recognized Indian tribes, Alaska Native villages and
corporations, and entities related to Hawaiian home lands.
Commission Transparency.--The Committee directs the FCC to
identify any changes made to an item after its adoption by the
Commission, at the time such item is published.
Consumer Complaints Database.--The Committee encourages the
FCC to analyze information from the consumer complaints
database to identify potential enforcement actions and/or
changes to current FCC policies.
Electronic Comment Filing System.--The FCC's Electronic
Comment Filing System [EFCS] serves as the repository for
official records in the FCC's docketed proceedings and
rulemakings from 1992 to the present. Although it is intended
to allow consumers to research, retrieve, view, and print any
document in the system, EFCS is cumbersome and difficult to
use. The Committee encourages the FCC to modernize EFCS as part
of its overall information technology reform efforts.
Positive Train Control (PTC).--The Committee is aware of
the FCC's efforts to expedite and approve PTC spectrum swaps or
purchases, as well as historic preservation and environmental
reviews, in order to accelerate the deployment of PTC on all
U.S. rail lines. The Committee understands that as a result of
this effort, FCC now has sufficient capacity to handle requests
for reviews. The deadline for PTC implementation is December
2015, and the Committee will continue to monitor this issue
closely.
Information Technology Reform.--The Committee supports the
FCC's efforts to improve its information technology [IT]
investments and directs the Commission to report to the
Committee within 6 months on how it will prioritize future IT
reform efforts and identify the most important IT systems to be
modernized.
National Broadband Map.--The Committee urges the FCC to
continue to improve the National Broadband Map's accuracy and
granularity.
Universal Service Reform.--The Committee encourages the FCC
to continue prioritizing the expansion of broadband
availability in rural areas through the Connect America Fund.
Coordination on Rural Communications Services.--The
Committee recognizes the FCC's vital role in preserving and
advancing universal communications services. The Committee
encourages the FCC to coordinate efforts with the Rural Utility
Service to optimize the use of limited resources and promote
broadband deployment in rural America.
Federal Deposit Insurance Corporation
OFFICE OF THE INSPECTOR GENERAL
Appropriations, 2015.................................... $34,568,000
Budget estimate, 2016................................... 34,568,000
Committee recommendation................................ 34,568,000
PROGRAM DESCRIPTION
The Federal Deposit Insurance Corporation [FDIC] Office of
Inspector General [OIG] conducts audits, investigations, and
other reviews to assist and augment the FDIC's contribution to
the stability of, and public confidence in, the Nation's
financial system. A separate appropriation more effectively
ensures the OIG's independence consistent with the Inspector
General Act of 1978 and other legislation.
COMMITTEE RECOMMENDATION
The Committee recommends $34,568,000 for the FDIC inspector
general, the same as both the budget request and the fiscal
year 2015 enacted level. Funds are to be derived from the
Deposit Insurance Fund and the Federal Savings and Loan
Insurance Corporation resolution fund.
Federal Election Commission
SALARIES AND EXPENSES
Appropriations, 2015.................................... $67,500,000
Budget estimate, 2016................................... 76,119,000
Committee recommendation................................ 72,500,000
PROGRAM DESCRIPTION
The Federal Election Commission [FEC] was created through
the 1974 Amendments to the Federal Election Campaign Act of
1971 (Public Law 93-443). Consistent with its duty of executing
our Nation's Federal campaign finance laws, and in pursuit of
its mission of maintaining public faith in the integrity of the
Federal campaign finance system, the FEC conducts three major
regulatory programs: (1) providing public disclosure of funds
raised and spent to influence Federal elections; (2) enforcing
compliance with restrictions on contributions and expenditures
made to influence Federal elections; and (3) administering
public financing of Presidential campaigns.
COMMITTEE RECOMMENDATION
The Committee recommends $72,500,000 for the Federal
Election Commission. The recommendation includes $5,000,000 to
cover expenses associated with the expiration of the FEC's
leases.
Federal Labor Relations Authority
SALARIES AND EXPENSES
Appropriations, 2015.................................... $25,548,000
Budget estimate, 2016................................... 26,550,000
Committee recommendation................................ 25,548,000
PROGRAM DESCRIPTION
The Federal Labor Relations Authority [FLRA] is an
independent administrative Federal agency created by title VII
of the Civil Service Reform Act of 1978 (Public Law 95-454)
with a mission to carry out five statutory responsibilities in
relation to the Federal workforce: (1) determining the
appropriateness of units for labor organization representation;
(2) resolving complaints of unfair labor practices; (3)
adjudicating exceptions to arbitrator's awards; (4)
adjudicating legal issues relating to the duty to bargain; and
(5) resolving impasses during negotiations.
The FLRA's authority is divided by law and by delegation
among a three-member authority and an Office of General
Counsel, appointed by the President and subject to Senate
confirmation; and the Federal Service Impasses Panel, which
consists of seven part-time members appointed by the President.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $25,548,000
for the Federal Labor Relations Authority.
Federal Trade Commission
SALARIES AND EXPENSES
Appropriations, 2015.................................... $293,000,000
Budget estimate, 2016................................... 309,206,000
Committee recommendation................................ 300,000,000
PROGRAM DESCRIPTION
The Federal Trade Commission [FTC] administers a variety of
Federal antitrust and consumer protection laws. Activities in
the antitrust area include detection and elimination of illegal
collusion, anticompetitive mergers, unlawful single-firm
conduct, and injurious vertical agreements. The FTC enforces
consumer protection laws involving advertising, marketing, and
financial practices; fights consumer fraud; and addresses
privacy and identity protection concerns.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $300,000,000 for the
salaries and expenses of the FTC for fiscal year 2016.
The Congressional Budget Office estimates $124,000,000 of
collections from Hart-Scott-Rodino premerger filing fees and
$14,000,000 of collections from Do-Not-Call fees will partially
offset the appropriation requirement for this account. The
total amount of direct appropriations for this account is
therefore $162,000,000.
The Committee recognizes the FTC's mission to preserve
competition in the marketplace and protect consumers, including
efforts to improve the security of consumer financial
transactions. The recommended funding increase will support
necessary endeavors to enhance data security and mitigate
cybersecurity risks. The recommendation includes funding for
the FTC Do-Not-Call initiative, of which the entire amount is
to be derived from the collection of fees.
Sports Concussion.--According to the Centers for Disease
Control and Prevention, a concussion is a type of traumatic
brain injury that can occur in any sport or recreation
activity.
Given the potential for real injury to children, the
Committee encourages the FTC to remain vigilant in its
enforcement efforts against potential unfair and deceptive
practices related to sports concussion. The FTC should review
any National Academies' report on sports-related concussions in
youth for any matter that may inform efforts to protect
consumers from unfair or deceptive practices in or affecting
commerce.
Agency Overlap.--The Committee is aware that on March 12,
2015, the FTC and Consumer Financial Protection Bureau [CFPB]
reauthorized their ongoing Memorandum of Understanding designed
to facilitate interagency coordination on efforts to protect
consumers. The Committee directs the FTC to continue to
maximize efficiencies and avoid duplication of Federal law
enforcement and regulatory efforts.
General Services Administration
PROGRAM DESCRIPTION
The General Services Administration [GSA] was established
by the Federal Property and Administrative Services Act of 1949
(Public Law 81-152) when Congress mandated the consolidation of
the Federal Government's real property and administrative
services. GSA is organized into the Public Buildings Service,
the Federal Acquisition Service, the Office of Governmentwide
Policy, and the Office of Citizen Services.
COMMITTEE RECOMMENDATION
Data Center Consolidation.--The Committee appreciates GSA's
efforts to reduce information technology costs by utilizing
cloud computing and consolidating data centers. GSA recently
eliminated and/or re-purposed 12,000 square feet of floor
space, decommissioned over 230 servers, and moved more than 200
servers to other data centers. Given existing budget
constraints and limited IT funding, data center consolidation
can present significant savings opportunities to curb spending
on underutilized infrastructure, and the Committee commends GSA
for seeking cost-effective alternatives. The Committee
encourages GSA to continue to explore further consolidation to
existing data centers and available infrastructure in order to
increase efficiency through economies of scale.
FBI Headquarters Consolidation.--The FBI headquarters
consolidation is expected to result in a full consolidation of
FBI headquarters so that employees currently located at the J.
Edgar Hoover building may be co-located with colleagues who are
currently spread out across 20 leased offices in the region.
GSA has begun this important process and narrowed the field
down to a short list of three possible sites. GSA is expected
to move forward in a timely and transparent way so that the
agency does not fall behind its acquisition timeline, seeking
the appropriate authorization and appropriation as required as
the agency works to complete the project.
Construction Contractors.--The Committee remains concerned
about the high unemployment rate of the Nation's construction
industry. Despite the efforts of the Office of Federal
Procurement Policy to increase communication between
procurement officers and industry, the Committee believes that
local contractors very often do not know about nor have the
opportunity to compete for local construction projects.
Therefore, the Committee directs the GSA Administrator to
ensure that regional offices responsible for construction
projects inform and engage local construction industry
contractors, especially small businesses, minority-owned
businesses, and women-owned businesses, about Federal
procurement opportunities and the bidding process. The
Committee requests a clear outreach plan from GSA no later than
90 days after enactment of this act. This plan should modernize
traditional outreach methods to reach a broader group of local
contractors.
Courthouse Construction.--The Committee is concerned about
the backlog of courthouse infrastructure projects under GSA
control. In many instances, these projects have been pending
for more than 5 years. The localities where these projects will
be located are suffering economic harm from the delay, as
valuable real estate sits unused and tax revenue bases are
reduced. The Committee directs the GSA to provide Congress with
a report on the cost of delays for new Federal courthouse
construction projects pending on the Judiciary's courthouse
priority list. This report shall be due no later than 60 days
after the enactment of this act and must provide analysis of
the annual and cumulative 5-year loss of tax revenue to the
Federal, State and local government.
Innovative Partnerships.--The Committee directs the
Administrator of General Services to submit a report, not more
than 60 days after the date of enactment, on the extent to
which innovative partnerships, including those with non-Federal
public or private sector entities, can expedite delivery for
courthouse construction projects in accordance with the
Judiciary's courthouse priorities. The report shall identify
the specific legal and regulatory hurdles that currently
prevent GSA from considering innovative public-private finance
models and detail the criteria for a potential pilot program to
build Federal courthouses using a public-private partnership
model. The report shall also provide a draft framework for
soliciting proposals from interested partners in a fair and
transparent manner.
Border Ports of Entry.--The Committee is aware that GSA, as
a member of the U.S.-Mexico Joint Working Committee on
Transportation Planning, has been working with stakeholders on
both sides of the border to produce Regional Border Master
Plans, prioritized assessments of border Port of Entry needs
for regions along the Southwest border. It is important that
the GSA's budget submissions accurately reflect not only input
from other Federal agencies but incorporate data from the
Master Plan process and prioritized project list. Within 90
days of the date of enactment, GSA is directed to provide to
the Committee a detailed report on land port of entry projects
identified in either regional Master Plans or related border-
wide products for which Federal appropriations or assistance
may be necessary; the status of commitments from the government
of Mexico, where necessary; whether those projects have been
incorporated into the 5-Year Capital Investment Plan included
in the most recent annual budget request, and if not, a
detailed justification describing why the project has been
omitted.
Land Border Partnerships.--While new authority first
provided in fiscal year 2014 improves public and private sector
opportunities to advance much needed land port of entry
improvements, the process has not yet yielded a successful
proposal despite strong stakeholder interest. The Committee is
concerned that if GSA does not improve review practices and
responsiveness, a significant opportunity to demonstrate that
this authority can deliver results will have been missed and
future interest from non-Federal entities in improving land
border infrastructure will be effectively discouraged. Not more
than 60 days after the date of enactment, GSA is directed to
report, after consultation with relevant Federal agencies, on
proposed steps to strengthen and improve the review process,
including imposition of specific deadlines for inter-agency
reviews and response to pending proposals, and incorporation of
an evaluation process for assessing impacts to non-Federal
stakeholders and international trading partners, for donation
proposals under the provisions of the relevant provisions of
section 559 of division F of Public Law 113-76, as amended, as
well as the traditional gift acceptance process provided for
under 40 U.S.C. 3175.
Sustainable Roofing Systems.--The Committee recognizes the
importance of providing energy efficient, sustainable, and cost
effective measures that address more effectively the
infrastructure needs of Federal agencies. The Committee directs
GSA to study and report to the Committee within 180 days on the
agency's long-term Federal building roofing requirements and to
assess the viability and advisability of sustainable roofing
systems that protect the environment, conserve energy, and
extend the useful life of the roof asset. In conducting this
study, GSA shall consider the efficacy of multi-year and long-
term lease acquisition models to obtain high-quality
sustainable roofing systems that could possibly provide
considerable cost savings over the standard purchase of
traditional roof systems. As an essential component of this
study GSA should consider implementing a pilot program
utilizing sustainable roof systems under a multi-year lease
model, while also determining whether longer term leases could
provide additional cost savings to the Government.
Revolutionary War Commemoration.--The Administrator of the
General Services Administration is directed to issue a report
to Congress within 90 days of enactment of this act on the
status of commemorative work honoring slaves and free Black
persons who served in the Revolutionary War as authorized by
section 2860 of Public Law 112-239. The report should include a
history of GSA's involvement in the project and the
corresponding legal requirements.
GAO Report on the National Capital Region Rental Rates.--
The Committee directs the Government Accountability Office
[GAO] to submit a report to the Committees on Appropriations
within 1 year of enactment concerning GSA's policies and
procedures in determining the boundaries of the National
Capital Region and for establishing rental rate caps for leased
buildings in the National Capital Region. The study should
examine how the caps are determined, the degree to which the
rates vary within the region and if so, why, whether these caps
have any impact on local governments in the region and consider
any improvements that could be made to lease cap policies and
procedures in and around the National Capital Region.
GAO Report on the National Capital Region Per Diem.--The
Committee directs GAO to submit a report to the Committees on
Appropriations within 1 year of enactment in setting per diem
rates for hotels in the National Capital Region and for
neighboring counties with borders that touch the National
Capital Region. The report should compare GSA and DOD's per
diem policies for the National Capital Region and consider any
improvements that could be made to per diem policies and
procedures in and around the National Capital Region.
FEDERAL BUILDINGS FUND--LIMITATIONS ON AVAILABILITY OF REVENUE
(INCLUDING TRANSFER OF FUNDS)
Limitation on availability of revenue:
Limitation on availability, 2015.................... $9,238,310,000
Limitation on availability, budget estimate, 2016... 10,372,195,000
Committee recommendation................................ 8,304,422,000
The Federal Buildings Fund [FBF] finances the activities of
the Public Buildings Service, 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.
CONSTRUCTION AND ACQUISITION
Limitation on availability, 2015........................ $509,670,000
Limitation on availability, budget estimate, 2016....... 1,257,997,000
Committee recommendation................................ 181,500,000
PROGRAM DESCRIPTION
The construction and acquisition fund finances the site,
design, construction, management, and inspection costs of new
Federal facilities.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $181,500,000 for
construction and acquisition in fiscal year 2016.
The Committee recommendation includes full funding for the
United States Courthouse in Nashville, Tennessee, as proposed
in the President's fiscal year 2016 budget request. Funding for
this facility is the top construction priority of the Judicial
Conference of the United States and would resolve severe
security, space, and operational deficiencies in the existing
facility.
REPAIRS AND ALTERATIONS
Limitation on availability, 2015........................ $818,160,000
Limitation on availability, budget estimate, 2016....... 1,247,067,000
Committee recommendation................................ 357,189,000
PROGRAM DESCRIPTION
Under this activity, the General Services Administration
[GSA] executes its responsibility for repairs and alterations
[R&A] of both Government-owned and -leased facilities under the
control of GSA.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $357,189,000 for
repairs and alterations in fiscal year 2016.
Major Repairs and Alterations.--The Committee recommends
$157,189,000 for repairs and alterations to the Jacob K. Javits
Federal Office Building in New York City, New York, and the
Edward J. Schwartz Federal Building and U.S. Courthouse in San
Diego, California, as requested in the President's budget for
fiscal year 2016. These projects were identified in GSA's
budget request as the top two major repairs and alterations
priorities of the Public Buildings Service for fiscal year
2016.
The Committee also recommends $200,000,000 for Basic
Repairs and Alterations, Consolidation Activities, the
Judiciary Capital Security Program, and the Fire and Life
Safety Program.
RENTAL OF SPACE
Limitation on availability, 2015........................ $5,666,348,000
Limitation on availability, budget estimate, 2016....... 5,579,055,000
Committee recommendation................................ 5,521,601,000
PROGRAM DESCRIPTION
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. GSA is
responsible for leasing general purpose space and land incident
thereto for Federal agencies, except in cases where GSA has
delegated its leasing authority.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $5,521,601,000 for
rental of space.
BUILDING OPERATIONS
Limitation on availability, 2015........................ $2,244,132,000
Limitation on availability, budget estimate, 2016....... 2,288,076,000
Committee recommendation................................ 2,244,132,000
PROGRAM DESCRIPTION
This activity provides for the operation of all Government-
owned facilities under the jurisdiction of GSA and building
services in GSA-leased space where the terms of the lease do
not require the lessor to furnish such services. Services
included in building operations are cleaning, protection,
maintenance, payments for utilities and fuel, grounds
maintenance, and elevator operations.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $2,244,132,000 for
building operations.
GOVERNMENTWIDE POLICY
Appropriations, 2015.................................... $58,000,000
Budget estimate, 2016................................... 62,022,000
Committee recommendation................................ 58,000,000
PROGRAM DESCRIPTION
The Office of Governmentwide Policy [OGP], working
cooperatively with other agencies, provides the leadership
needed to develop and evaluate policies associated with high-
performance green buildings and real property, acquisition
policy, personal property, travel and transportation
management, vehicles and aircraft, committee and regulations
management, and management of Federal spending data. OGP
collaborates with partner agencies and other stakeholders to
improve public access to policy information and support data,
and improve transparency in Government.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $58,000,000
for Governmentwide Policy.
AbilityOne.--The Committee appreciates the benefits that
the AbilityOne program provides to persons with disabilities
and the impact it has on the U.S. economy. However, the
Committee is concerned about GSA markups to the price of
AbilityOne products and the considerable frequency at which GSA
vendors sell ``Essentially the Same'' [ETS] products. The
Committee understands that GSA, in collaboration with
AbilityOne, National Industries for the Blind, and
SourceAmerica, has reduced the number of ETS products available
for purchase. However, the Committee believes that more can be
done to reduce markups to AbilityOne products and ensure ETS
products are not replacing AbilityOne products. The Committee
directs GSA to report to the Committees on Appropriations of
the House and Senate within 90 days of enactment of this act on
its efforts to price AbilityOne products and services according
to approved Fair Market Prices established by the U.S. Ability
One Commission and certify that GSA contractors are barred from
selling products on their contracts that are equivalent as
AbilityOne products and services.
OPERATING EXPENSES
Appropriations, 2015.................................... $61,049,000
Budget estimate, 2016................................... 58,560,000
Committee recommendation................................ 58,560,000
PROGRAM DESCRIPTION
Operating Expenses supports a variety of operational
activities which are not feasible or appropriate for a user fee
arrangement. Major programs include the personal property
utilization and donation activities of the Federal Acquisition
Service; the real property utilization and disposal activities
of the Public Buildings Service; the activities of the Civilian
Board of Contract Appeals; and the Management and
Administration activities, including support of Governmentwide
emergency response and recovery activities, and top-level
agency-wide management, administration, and communications
activities.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $58,560,000
for Operating Expenses.
OFFICE OF INSPECTOR GENERAL
Appropriations, 2015.................................... $65,000,000
Budget estimate, 2016................................... 67,803,000
Committee recommendation................................ 65,000,000
PROGRAM DESCRIPTION
This appropriation provides agency-wide audit and
investigative functions to identify and correct management and
administrative deficiencies within the General Services
Administration [GSA], which create conditions for existing or
potential instances of fraud, waste, and mismanagement. The
audit function provides internal audit and contract audit
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. 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. 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 $65,000,000
for the Office of Inspector General. The recommendation
includes $2,000,000 in no-year funding. In addition, the Office
of Inspector General has access to unobligated no-year funds
that were appropriated in fiscal year 2014.
ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS
Appropriations, 2015.................................... $3,250,000
Budget estimate, 2016................................... 3,277,000
Committee recommendation................................ 3,277,000
PROGRAM DESCRIPTION
This appropriation provides pensions, office staffs, and
related expenses for former Presidents Jimmy Carter, George
H.W. Bush, William Clinton, and George W. Bush, and for postal
franking privileges for the widow of former President Ronald
Reagan.
COMMITTEE RECOMMENDATION
The Committee recommends $3,277,000 for allowances and
office staff for former Presidents.
FEDERAL CITIZEN SERVICES FUND
Appropriations, 2015.................................... $53,294,000
Budget estimate, 2016\1\................................ 58,428,000
Committee recommendation................................ 55,894,000
\1\The budget includes funding for the E-Gov Fund under this account.
---------------------------------------------------------------------------
PROGRAM DESCRIPTION
The Federal Citizen Services Fund provides for the salaries
and expenses of the Office of Citizen Services and Innovative
Technologies [OCSIT]. OCSIT provides the means for citizens,
businesses, other governments, and the media to obtain
information and services easily from the Government via the
Web, email, printed media, and telephone. OCSIT leads several
interagency groups to share best practices and develop
strategies for improving the way Government provides services
to the American public.
The Federal Citizen Services [FCS] Fund is financed from
annual appropriations to pay for the salaries and expenses of
OCSIT staff and Citizens Services programs. Reimbursements from
Federal agencies pay for the direct costs of information
services OCSIT provides on their behalf. The FCS Fund also
receives funding from user fees for publications ordered by the
public, payments from private entities for services rendered,
and gifts from the public. All income is available without
regard to fiscal year limitations, but is subject to an annual
aggregate expenditure limit as set forth in appropriation acts.
committee recommendation
The Committee recommends $55,894,000 for the Federal
Citizen Services Fund, $2,600,000 above the fiscal year 2015
enacted level.
PRE-ELECTION PRESIDENTIAL TRANSITION
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2015....................................................
Budget estimate, 2016................................... $13,278,000
Committee recommendation................................ 13,278,000
PROGRAM DESCRIPTION
In accordance with the Pre-Election Transition Act of 2010,
this appropriation will enable GSA to provide transition
services to eligible major party candidates before the general
election.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $13,278,000
for pre-election presidential transition.
ADMINISTRATIVE PROVISIONS--GENERAL SERVICES ADMINISTRATION
(INCLUDING TRANSFERS OF FUNDS)
Section 520 authorizes GSA to use funds for the hire of
passenger motor vehicles.
Section 521 authorizes GSA to transfer funds within the
Federal buildings fund to meet program requirements.
Section 522 requires that the fiscal year 2017 budget
request meet certain standards.
Section 523 provides 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 rate.
Section 524 continues the provision that permits GSA to pay
small claims less than $250,000 made against the Government.
Section 525 provides that certain lease agreements must
conform to an approved prospectus.
Section 526 requires a GSA spending plan for certain
accounts and programs.
Section 527 stipulates certain requirements for the FBI
headquarters consolidation.
Harry S Truman Scholarship Foundation
SALARIES AND EXPENSES
Appropriations, 2015.................................... $750,000
Budget estimate, 2016...................................................
Committee recommendation................................ 1,000,000
PROGRAM DESCRIPTION
The Harry S Truman Scholarship Foundation is an independent
agency established by Congress in 1975 (Public Law 93-642) to
encourage exceptional college students to pursue careers in
public service through the Truman Scholarship program. The
Truman Scholarship is a merit-based award available to college
juniors who plan to pursue careers in Government or elsewhere
in public service.
The Foundation Trust Fund was established with a one-time
$30,000,000 appropriation in 1976. The authorizing legislation
directed that this endowment be invested solely in U.S.
Treasury Securities, the interest from which has funded the
Foundation's operating budget. With the decline in interest
rates, the annual yield from the trust fund has declined by 63
percent over the past decade.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $1,000,000 for
the Harry S Truman Scholarship Foundation.
Merit Systems Protection Board
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2015.................................... $45,085,000
Budget estimate, 2016................................... 47,415,000
Committee recommendation................................ 45,085,000
PROGRAM DESCRIPTION
The Merit Systems Protection Board [MSPB] was established
by the Civil Service Reform Act of 1978. MSPB is an independent
quasi-judicial agency manifested to protect Federal merit
systems against partisan political and other prohibited
personnel practices and to ensure adequate protection for
employees against abuses by agency management.
MSPB assists Federal agencies in running a merit-based
civil service system. This is accomplished on a case-by-case
basis through hearing and deciding employee appeals and on a
systemic basis by reviewing significant actions and regulations
of the Office of Personnel Management [OPM] and conducting
studies of the civil service and other merit systems. The
intended results of MSPB's efforts are to assure that personnel
actions taken against employees are processed within the law
and that actions taken by OPM and other agencies support and
enhance Federal merit principles.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $45,085,000
for the MSPB. The recommendation includes not more than
$2,345,000 for adjudicating retirement appeals through an
appropriation from the trust fund consistent with past
practice.
Morris K. Udall and Stewart L. Udall Foundation
MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2015.................................... $1,995,000
Budget estimate, 2016................................... 1,995,000
Committee recommendation................................ 1,995,000
PROGRAM DESCRIPTION
The General Fund payment to the Morris K. Udall and Stewart
L. Udall Trust Fund is invested in Treasury securities with
maturities suitable to the needs of the Fund. Interest earnings
from the investments are used to carry out the activities of
the Morris K. Udall and Stewart L. Udall Foundation. The
Foundation awards scholarships, fellowships, and grants, and
funds activities of the Udall Center.
The Morris K. Udall and Stewart L. Udall Foundation also
supports training programs for professionals in health care
policy and public policy, such as the Native Nations Institute
[NNI]. NNI, based at the University of Arizona, provides Native
Americans with leadership and management training, and analyzes
policies relevant to tribes.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $1,995,000 for
the Morris K. Udall and Stewart L. Udall Trust Fund.
The Committee appreciates the progress made by the Udall
Foundation to strengthen its internal controls related to
contract oversight and personnel management. The Committee
directs the Foundation to report semiannually to the Committee
regarding its continued work in instituting reformed internal
controls, including milestones achieved. Finally, the Committee
provides that $200,000 shall be transferred to the Inspector
General of the Department of the Interior to conduct annual
audits and investigations of the Foundation and submit reports
of its findings to the Committee in order to ensure that the
Foundation's spending, management, and other activities are
subject to regular oversight and review.
ENVIRONMENTAL DISPUTE RESOLUTION FUND
Appropriations, 2015.................................... $3,400,000
Budget estimate, 2016................................... 3,420,000
Committee recommendation................................ 3,400,000
PROGRAM DESCRIPTION
The U.S. Institute for Environmental Conflict Resolution is
a Federal program established by Public Law 105-156 to assist
parties in resolving environmental, natural resource, and
public lands conflicts. The Institute is part of the Morris K.
Udall and Stewart L. Udall Foundation and serves as an
impartial, nonpartisan institution providing professional
expertise, services, and resources to all parties involved in
such disputes. The Institute helps parties determine whether
collaborative problem solving is appropriate for specific
environmental conflicts, how and when to bring all the parties
together for discussion, and whether a third-party facilitator
or mediator might be helpful in assisting the parties in their
efforts to reach consensus or to resolve the conflict. In
addition, the Institute maintains a roster of qualified
facilitators and mediators with substantial experience in
environmental conflict resolution and can help parties in
selecting an appropriate neutral professional.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $3,400,000 for
the Environmental Dispute Resolution Fund.
National Archives and Records Administration
The National Archives and Records Administration [NARA] is
the national recordkeeper, managing the Government's archives
and records, and operating the Presidential libraries. NARA is
an independent agency created by statute in 1934 and tasked
with the unique mission to identify, access, protect, preserve,
and make available for use the important documents and records
of all three branches of the Federal Government. NARA
administers the Information Security Oversight Office, is the
publisher of the Federal Register, and makes grants for
historical documentation through the National Historical
Publications and Records Commission. In addition, NARA is
charged with additional responsibilities including mediating
Freedom of Information Act disputes and coordinating controlled
unclassified information.
OPERATING EXPENSES
Appropriations, 2015.................................... $365,000,000
Budget estimate, 2016................................... 372,393,000
Committee recommendation................................ 372,000,000
PROGRAM DESCRIPTION
This account provides for basic operations dealing with
management of the Federal Government's archives and records,
operation of Presidential libraries, review for
declassification of classified security information, and other
duties.
COMMITTEE RECOMMENDATION
The Committee recommends $372,000,000 for operating
expenses of the National Archives and Records Administration
for fiscal year 2016. This amount is $7,000,000 above the
fiscal year 2015 enacted level and $393,000 below the budget
request.
The Committee's recommendation supports initiatives to
strengthen NARA's record management leadership role; address
archival storage needs; continue to develop, build, and expand
the IT infrastructure to conduct the business of the National
Declassification Center established in Executive Order 13526;
operate and maintain the Electronic Records Archive [ERA]; and
improve research room holdings protection.
The Committee notes that security of NARA's collections and
holdings has been identified as a material weakness by the
Archivist and cited as a management challenge by the Inspector
General. The Committee directs and expects NARA to institute,
maintain, and enforce effective inventory controls and adequate
levels of security within its facilities to reduce the risk of
loss, damage, or destruction of irreplaceable historic
documents and artifacts.
The Committee believes that providing reliable access to
electronic records far into the future, regardless of
advancements in technology, is of utmost importance. The
Committee strongly urges NARA, as it operates and maintains the
ERA, to ensure effective and efficient preservation, appraisal,
scheduling, and routine transfer of electronic records by
Federal agencies. The Committee expects NARA to prioritize its
efforts to accelerate user adoption of the ERA system,
including providing instructional guidance and training
materials.
The Committee notes that that National Archive and Records
Administration [NARA] is taking steps to reduce costs by
reducing its real property footprint. However, the Committee
recognizes that NARA facilities play an important role in
providing citizens with access to archival Federal records, and
is concerned that NARA's plans to relocate records out of the
State where they are currently stored will require researchers
to travel significant distances to access original records. The
Committee continues to encourage NARA to digitize and post on-
line archival records that are relocated as a result of a
facility closure. The Committee directs NARA to report, within
90 days of enactment, on its plans to make significant
continued progress to digitize and preserve physical access to
archival records that have been or will be relocated to another
State by any facility closure occurring in fiscal year 2014 and
2015 or planned for fiscal year 2016. The report shall: (1)
describe NARA's digitization priorities for any relocated
archival records; and (2) include a timeline for digitization
and posting on-line. The Committee further directs NARA to give
due consideration and appropriate adjudication, within the
limits of the Federal Records Act and all applicable laws, of
any request to review archival records that are relocated as a
result of a facility closure, to determine whether those
records continue to require permanent preservation in the
National Archives.
Space Needs.--The Committee is concerned that NARA is not
prepared to accept, process, and safely store the large volumes
of archival records that will come into its legal custody over
the next 15 years. The Committee understands that NARA could
receive an additional 1 million to 2.5 million cubic feet of
archival records over this period, which would require at least
450,000 square feet of new storage space. While the Committee
notes the steps NARA has taken to reduce its real property
footprint over the past several years, the Committee urges NARA
to consider future transfer of records when planning its real
property needs. NARA is directed to report, not later than 180
days after enactment of this act, on the volume and type of
archival records the agency expects to receive over the next 15
years and the greatest challenges to acquiring or otherwise
providing appropriate storage space for those records.
Recordkeeping.--The Committee is concerned about the
ability of Federal agencies to effectively manage email and
other electronic Federal records so that essential records are
available when required by Congress in order to fulfill its
oversight responsibilities. The executive branch must assure
the American public that records documenting Government
decisions and actions are retained for the appropriate time
period and can be retrieved and provided to Congress in a
timely manner and as required by law. The Presidential and
Federal Records Act Amendments of 2014 (Public Law 113-187)
modernized the Federal records management statutes to include
emails and electronic records and to reinforce that the
executive branch must manage these records with greater care
and stewardship than what has been observed in recent months
and years.
The Committee expects the Archivist of the United States to
expediently amend existing guidance and introduce new rules as
needed to ensure that all executive agencies comply with Public
Law 113-187 and other recordkeeping laws. The Committee urges
NARA to continue to analyze, assess, and report publicly on
executive branch compliance with Federal recordkeeping
statutes, with special emphasis on agency management of email
and electronic records. The Committee directs NARA to increase
oversight over executive branch records management by
establishing a formal program of reporting, physical
inspections, and systems audits of agency recordkeeping
systems, and to report to the Committees on Appropriations of
the House of Representatives and the Senate, the House
Committee on Oversight and Government Reform, and the Senate
Committee on Homeland Security and Government Affairs any
instances of substantial non-compliance by executive agencies
or significant risk to Federal records that are identified in
the course of NARA oversight activities.
Office of Government Information Services.--The Committee
is concerned that funding for the Office of Government
Information Services [OGIS] under the National Archives and
Records Administration [NARA] is well below levels sufficient
for OGIS to fulfill its statutory duties. The Federal
Government spends approximately $400,000,000 annually
processing document requests under the Freedom of Information
Act [FOIA] and over $20,000,000 annually litigating FOIA
disputes. The Committee believes that OGIS, if properly funded,
could play a key role in reducing these conflicts and yield
substantial cost savings. When OGIS was created, the
Congressional Budget Office projected that OGIS would require
$7,000,000 annually to fulfill its statutory duties. Yet, OGIS
funding has remained well below $2,000,000. This limited
funding increases taxpayer dollars spent on FOIA processing and
litigation elsewhere. Accordingly the Committee directs the
National Archives and Records Administration to report within
60 days after the enactment of this act on the specific
allocation of appropriated funds to OGIS in fiscal year 2016,
the level of services this allocated amount will support, and a
comparison of the estimated cost savings and the other benefits
to the Federal Government that will be achieved under this
level of services versus the savings and benefits projected
under a scenario where annual funding for OGIS is provided at
the level identified by the CBO.
OFFICE OF INSPECTOR GENERAL
Appropriations, 2015.................................... $4,130,000
Budget estimate, 2016................................... 4,180,000
Committee recommendation................................ 4,180,000
PROGRAM DESCRIPTION
The mission of the Office of Inspector General [OIG] is to
ensure that NARA safeguards and preserves the records of our
Government while providing the American people with access to
the essential documentation of their rights and the actions of
their Government. The OIG accomplishes this by combating fraud,
waste, and abuse through high-quality objective audits and
investigations covering all aspects of agency operations at
facilities nationwide. The OIG also serves as an independent,
internal advocate for the economy, efficiency, and
effectiveness of NARA and its operations.
COMMITTEE RECOMMENDATION
The Committee recommends $4,180,000 for the Office of
Inspector General [OIG]. This amount is $50,000 above the
fiscal year 2015 enacted level and equal to the budget request.
The Committee supports a distinct account for the OIG in order
to clearly identify the resources necessary to staff and
operate the expanding mission-critical oversight and
accountability functions performed by the OIG to ensure
responsible NARA stewardship over public records.
REPAIRS AND RESTORATION
Appropriations, 2015.................................... $7,600,000
Budget estimate, 2016................................... 7,500,000
Committee recommendation................................ 7,500,000
PROGRAM DESCRIPTION
This account provides for the repair, alteration, and
improvement of Archives facilities and Presidential libraries
nationwide, and provides adequate storage for holdings. Funding
made available will better enable NARA to maintain its
facilities in proper condition for public visitors,
researchers, and NARA employees, and also maintain the
structural integrity of the buildings.
COMMITTEE RECOMMENDATION
The Committee recommends $7,500,000 for the repairs and
restoration account. This amount is $100,000 below the fiscal
year 2015 enacted level and equal to the budget request.
The Committee appreciates NARA's submission of an update of
its comprehensive capital needs assessment for its entire
infrastructure of Presidential libraries and records
facilities, as part of the fiscal year 2016 budget submission
and urges NARA to include an appropriate level of funding for
repair of valuable historic Presidential libraries in the
fiscal year 2017 budget request.
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION
GRANTS PROGRAM
Appropriations, 2015.................................... $5,000,000
Budget estimate, 2016................................... 5,000,000
Committee recommendation................................ 5,000,000
PROGRAM DESCRIPTION
The National Historical Publications and Records Commission
[NHPRC] provides grants nationwide to preserve and publish
records that document American history. Administered within the
National Archives, which preserves Federal records, 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. Since 1964, the NHPRC has funded nearly
5,000 projects at local government archives, colleges and
universities, and other nonprofit institutions to facilitate
use of public records and other collections by scholars, family
and local historians, journalists, documentary filmmakers, and
many others.
COMMITTEE RECOMMENDATION
The Committee recommends $5,000,000 for the National
Historical Publications and Records Commission [NHPRC]. This
amount is equal to the fiscal year 2015 enacted level and equal
to the budget request.
The Committee supports the central role the NHPRC program
plays in the preservation and dissemination of the Nation's
documentary heritage and its success in leveraging private
sector contributions.
The Committee commends the National Archives and Records
Administration and the National Historical Publications and
Records Commission for their work to ensure the publication and
recording of our Nation's history. The Committee urges the
National Historical Publications and Records Commission to
continue to support the completion of documentary editions
through the National Historical Publications and Records
Commission Grants Program and to support the scholarly
presentation of our country's most treasured historical
documents.
The Committee notes that the funding provided will enable
NARA, through the NHPRC, to undertake a variety of initiatives,
including advancing archives preservation, access, and
digitization projects within the interlocking repositories of
historic records and hidden collections; ensuring public access
to some of the most important historical resources that are
maintained outside of Federal repositories; and digitizing
nationally significant historic records collections to
facilitate round-the-clock Internet availability.
National Credit Union Administration
COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
Appropriations, 2015.................................... $2,000,000
Budget estimate, 2016................................... 2,000,000
Committee recommendation................................ 2,000,000
PROGRAM DESCRIPTION
The Community Development Revolving Loan Fund [CDRLF]
program 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 5 years, although
shorter repayment periods may be considered. Technical
assistance grants [TAGs] are also available to low-income
credit unions for improving operations as well as addressing
safety and soundness issues. Credit unions use TAG funds for
specific initiatives, including taxpayer assistance, financial
education, home ownership initiatives, and training assistance.
COMMITTEE RECOMMENDATION
The Committee recommends $2,000,000 for technical
assistance grants to community development credit unions. This
funding level is equal to the budget request and equal to the
fiscal year 2015 enacted level. The Committee expects the CDRLF
to continue making loans from available funds derived from
repaid loans and interest earned on previous loans to
designated credit unions.
Office of Government Ethics
SALARIES AND EXPENSES
Appropriations, 2015.................................... $15,420,000
Budget estimate, 2016................................... 15,742,000
Committee recommendation................................ 15,420,000
PROGRAM DESCRIPTION
The Office of Government Ethics [OGE], a separate agency
within the executive branch, was established by the Ethics in
Government Act of 1978 (Public Law 95-521). The OGE is charged
by law to provide overall direction of executive branch
policies designed to prevent conflicts of interest and ensure
high ethical standards for executive branch employers. The OGE
carries out these responsibilities by promulgating and
maintaining enforceable standards of ethical conduct for nearly
2.7 million civilian employees in more than 130 executive
branch agencies and the White House; overseeing a financial
disclosure system that reaches 27,000 public and over 370,000
confidential financial disclosure report filers; ensuring that
executive branch ethics programs are in compliance with
applicable ethics laws and regulations; providing direct
education and training products to more than 5,000 ethics
officials executive branch-wide; conducting outreach to the
general public, the private sector, and civil society; and
providing technical assistance to, State, local, and foreign
governments, and international organizations.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $15,420,000
for salaries and expenses of the OGE in fiscal year 2016.
Office of Personnel Management
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
Appropriations, 2015.................................... $96,039,000
Budget estimate, 2016................................... 120,688,000
Committee recommendation................................ 119,239,000
PROGRAM DESCRIPTION
The Office of Personnel Management [OPM] was established by
Public Law 95-454, the Civil Service Reform Act of 1978,
enacted on October 13, 1978. OPM is responsible for management
of Federal human resources policy and oversight of the merit
civil service system. Although individual agencies are largely
responsible for personnel operations, OPM provides a
Governmentwide framework for human resources policy, advises
and assists agencies (often on a reimbursable basis) with
workforce planning and personnel matters, and ensures that
agency operations are consistent with requirements of law on
issues such as veterans preference and merit system compliance.
OPM oversees examination of applicants for employment in the
competitive service; issues regulations and policies on
recruitment, hiring, classification and pay, training, and
other aspects of personnel management; and manages the process
for personnel security and background checks for suitability
and national security clearances. OPM is also responsible for
administering the retirement, health benefits, and life
insurance programs affecting most Federal employees, retired
Federal employees, and their families and survivors.
COMMITTEE RECOMMENDATION
The Committee recommends a general fund appropriation of
$119,239,000 for the salaries and expenses of the Office of
Personnel Management.
Data Security.--Numerous breaches of OPM systems and
contractor databases continue to raise grave concerns about the
agency's ability to protect sensitive data. Of particular
concern is that OPM failed to protect this information despite
frequent warnings from the Inspector General and repeated
attempts to breach the agency's systems in recent years. The
agency had advance notice that hackers were trying to access
sensitive personnel and security clearance data, yet OPM was
ineffective in stopping them. Disappointingly, OPM management
has failed to accept responsibility for the agency's failures,
and instead has tried to place blame solely on the hackers.
OPM disclosed in June that 4,200,000 current, former, and
retired Federal workers were affected by a data breach to
Federal personnel records. OPM subsequently announced in July
that 21,500,000 Americans were affected by a breach to its
background investigation systems. While many of the details
relating to the cyberattacks are uncertain, what remains
undeniable is that any confidence government employees may have
had in OPM's ability to protect their data was clearly
misplaced.
The President has requested $21,000,000 in additional
funding in fiscal year 2016 for OPM to improve its IT security
and infrastructure. While rewarding bad behavior with
additional money is an ill-advised practice, sensitive data
held by OPM must be protected. Despite the agency's repeated
cyber security failures, the Committee recommendation includes
full funding of the $21,000,000 requested by the President for
IT security improvement. However, the Committee is under no
illusion that additional money for OPM is the solution to their
problems. While much attention has centered on OPM's legacy
systems, the Committee notes that the modern systems in which
OPM has invested millions of dollars in recent years were also
breached. Prior to obligating any of the $21,000,000, OPM is
directed to consult with the Office of Management and Budget,
the U.S. Digital Service, the Department of Homeland Security,
and other Federal partners that possess the financial
management capabilities and critical cyber security expertise
that is lacking within OPM in order to ensure these funds are
spent wisely.
The Committee directs GAO to report to the Committees on
Appropriations of the House and Senate not less than 6 months
after enactment of this Act evaluating the steps taken to
prevent, mitigate, and respond to data breaches involving
sensitive personnel records and information; OPM's
cybersecurity policies and procedures in place, including
policies and procedures relating to IT best practices such as
data encryption, multifactor authentication, and continuous
monitoring; OPM's oversight of contractors providing IT
services; and OPM's compliance with government-wide initiatives
to improve cybersecurity. The report should consider any
improvements that could be made to assist the agency in
addressing cybersecurity challenges.
Retirement Processing.--The Committee acknowledges OPM's
actions to address the backlog of retirement claims and
supports continued efforts to eliminate the backlog. OPM is
directed to continue to inform the Committee of its progress.
Retirement Modernization.--The Committee directs OPM to
continue providing reports and status update briefings on
modernization efforts and the strategic technology plan, as
developments and milestones occur, and future plans are
determined.
Retirement Calculations.--The Committee has heard concerns
about annuities of Federal retirees in non-foreign areas who
retired prior to 2009. Prior to 2010, Federal employees in non-
foreign areas were not eligible to receive locality-based
comparability payments, which constitute basic pay for
computing retirement benefits. Rather, these employees received
cost-of-living allowances [COLAs], which are not creditable for
retirement purposes. This has resulted in differences in the
total pay and retirement benefits of Federal employees in non-
foreign areas in relation to pay and retirement benefits of
employees in the contiguous states. The Committee directs the
Office of Personnel Management to submit a report no later than
6 months from enactment regarding COLAs, locality-based
comparability payments, and the computation of Federal
retirement benefits of employees stationed in the non-foreign
areas, including the exclusion of non-foreign area COLAs in
employee's basic pay and average salary used in the computation
of Federal retirement benefits. OPM should take all reasonable
steps to provide an estimate of the total number of current
Federal annuitants who (or whose spouse) retired from the
Federal civil service from 1994 to 2014 by each non-foreign
area and by year of retirement.
Federal Security Clearances.--The Committee notes that in
light of misconduct involving Federal contractor personnel
under OPM's Federal Investigative Services, there has been
increased scrutiny into the process of conducting quality
reviews for security clearance background investigations. The
Committee recognizes the inherent conflict of interest when
Federal security clearance contractors are contractually
permitted to conduct quality reviews of their own work and
urges the OPM Director to prevent future occurrences through
stricter contractual control mechanisms. The Committee notes
that preventing such inherent conflicts of interest with
Federal contractors conducting security clearances
significantly mitigates risk, a critical element to good
governance and U.S. national security. Therefore, the Committee
includes a provision in title VI preventing such contractors
from conducting quality reviews of their own work. To ensure
that contractor work is conducted properly, OPM should ensure
that internal controls are implemented to prevent
investigations from being closed prematurely.
limitation
(TRANSFER OF TRUST FUNDS)
Limitation, 2015........................................ $118,425,000
Budget estimate, 2016................................... 124,550,000
Committee recommendation................................ 118,425,000
PROGRAM DESCRIPTION
These funds will be transferred from the appropriate trust
funds of the Office of Personnel Management to cover
administrative expenses for the retirement and insurance
programs.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $118,425,000 for
administrative expenses.
OFFICE OF INSPECTOR GENERAL
salaries and expenses
(INCLUDING TRANSFER OF TRUST FUNDS)
Appropriations, 2015.................................... $4,384,000
Budget estimate, 2016................................... 4,365,000
Committee recommendation................................ 4,384,000
PROGRAM DESCRIPTION
The Office of Inspector General is charged with
establishing policies for conducting and coordinating efforts
which promote economy, efficiency, and integrity in the Office
of Personnel Management's activities which prevent and detect
fraud, waste, and mismanagement in the agency's programs.
Contract audits provide professional advice to agency
contracting officials on accounting and financial matters
regarding the negotiation, award, administration, repricing,
and settlement of contracts. Internal agency 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,
healthcare providers, and insurance subscribers. The
investigative function provides for the detection and
investigation of improper and illegal activities involving
programs, personnel, and operations. Administrative sanctions
debar from participation in the health insurance program those
healthcare providers whose conduct may pose a threat to the
financial integrity of the program itself or to the well-being
of insurance program enrollees.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $4,384,000 for
salaries and expenses of the Office of Inspector General in
fiscal year 2016.
The Committee appreciates the audit work the Inspector
General has conducted on OPM's IT security programs and
practices and supports the Inspector General's recommendations
to improve OPM's technical security controls. The Committee
remains concerned about OPM's security posture as it overhauls
its technology infrastructure. The Committee encourages the
Inspector General to continue monitoring OPM's infrastructure
improvement process. The Committee is also concerned about the
ability of contractors to effectively provide assistance to
millions of Americans that were affected by the data breach in
addition to security controls with its existing vendors. The
Committee encourages the Inspector General to continue to
conduct oversight on OPM's contracting and procurement
practices.
Semiannual Report to Congress.--The Committee encourages
the Inspector General to regularly report in its Semiannual
Report to Congress OPM's efforts to improve and address
cybersecurity challenges including steps taken to prevent,
mitigate, and respond to data breaches involving sensitive
personnel records and information; OPM's cybersecurity policies
and procedures in place, including policies and procedures
relating to IT best practices such as data encryption,
multifactor authentication, and continuous monitoring; OPM's
oversight of contractors providing IT services; and OPM's
compliance with government-wide initiatives to improve
cybersecurity.
(LIMITATION ON TRANSFER FROM TRUST FUNDS)
Limitation, 2015........................................ $21,340,000
Budget estimate, 2016................................... 22,479,000
Committee recommendation................................ 22,479,000
COMMITTEE RECOMMENDATION
The Committee recommends a limitation on transfers from the
trust funds in support of the Office of Inspector General [OIG]
activities totaling $22,479,000 for fiscal year 2016.
Office of Special Counsel
salaries and expenses
Appropriations, 2015\1\................................. $22,939,000
Budget estimate, 2016................................... 24,119,000
Committee recommendation................................ 23,500,000
\1\Does not reflect use of prior year balances as permitted under Public
Law 113-76, div. E.
---------------------------------------------------------------------------
PROGRAM DESCRIPTION
The U.S. Office of Special Counsel [OSC] provides a safe
channel for Federal employees to report waste, fraud, abuse,
and threats to public health and safety.
The OSC was first established on January 1, 1979. From 1979
until 1989, it operated as an autonomous investigative and
prosecutorial arm of the Merit Systems Protection Board [MSPB].
In 1989, Congress enacted the Whistleblower Protection Act
(Public Law 101-12), which made OSC an independent agency
within the executive branch. In 1994, the Uniformed Services
Employment and Reemployment Rights Act [USERRA] (Public Law
103-353) became law. It defined employment-related rights of
persons in connection with military service, prohibited
discrimination against them because of that service, and gave
OSC new authority to pursue remedies for violations by Federal
agencies.
Enactment of the Whistleblower Protection Enhancement Act
(Public Law 112-199) in November 2012 significantly expanded
the jurisdiction of the OSC and the types of cases the OSC is
required by law to investigate.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $23,500,000
for OSC.
Veterans Affairs.--Approximately 40 percent of all OSC
cases in 2015 were from Department of Veterans Affairs [VA]
employees, up from approximately twenty percent of cases in
2009, 2010, and 2011. Although OSC continues to obtain relief
for VA whistleblowers, the Committee is concerned with the
significant increase of VA whistleblower cases in a short
amount of time. Therefore, the Committee believes that OSC
should apply its budget proportionally with the percentage of
cases that it receives from the VA.
Postal Regulatory Commission
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2015.................................... $14,700,000
Budget estimate, 2016................................... 15,500,000
Committee recommendation................................ 15,000,000
PROGRAM DESCRIPTION
The Postal Regulatory Commission [PRC] is an independent
agency that has exercised regulatory oversight over the United
States Postal Service since its creation by the Postal
Reorganization Act of 1970. For over 3 decades, that oversight
consisted primarily of conducting public, on-the-record
hearings concerning proposed rates, mail classification, and
major service changes, and recommended decisions for action to
the Postal Service Board of Governors. The mission of the PRC
is to ensure transparency and accountability of the United
States Postal Service and foster a vital and efficient
universal mail system.
The Postal Accountability and Enhancement Act (Public Law
109-435) assigned significant responsibilities to the PRC.
These enhanced authorities include providing regulatory
oversight of the pricing of Postal Service products and
services, ensuring Postal Service transparency and
accountability, consulting on delivery service standards and
performance measures, consulting on international postal
policies, preventing cross-subsidization or other
anticompetitive postal practices, and serving as a forum to act
on complaints with postal products and services.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation, out of the
Postal Fund, of $15,000,000 for the Postal Regulatory
Commission.
The Committee urges the PRC, which is funded from the
Postal Service Fund and derived directly from postal rates and
fees paid by postal customers, to optimize efficient use of its
resources, including exercising prudent decisionmaking and
strict accountability for travel expenditures.
Privacy and Civil Liberties Oversight Board
SALARIES AND EXPENSES
Appropriations, 2015.................................... $7,500,000
Budget estimate, 2016................................... 23,297,000
Committee recommendation................................ 23,297,000
PROGRAM DESCRIPTION
The Privacy and Civil Liberties Oversight Board [PCLOB] is
an independent agency within the executive branch established
by the Implementing Recommendations of the 9/11 Commission Act
of 2007 (Public Law 110-53). The Board is the successor to the
Board created within the Executive Office of the President
under the Intelligence Reform and Terrorism Prevention Act of
2004 (Public Law 108-458) as recommended in the July 22, 2004
report of the National Commission on Terrorist Acts Upon the
United States (the 9/11 Commission).
The Board's purpose is to review and analyze actions the
executive branch takes to protect the Nation from terrorism,
ensuring the need for such actions is balanced with the need to
protect privacy and civil liberties; and to 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.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $23,297,000
for the PCLOB. This amount is $15,797,000 above the fiscal year
2015 enacted level and equal to the budget request.
The Committee's recommended funding level includes a one-
time increase of $13,216,000, intended to support the Board's
required physical move in 2016. The recommended funding will
also enable it to improve operating efficiency while
maintaining information technology infrastructure and solutions
that advance the Board's mission.
The Committee believes it is important to ensure that funds
are used efficiently during the required move. The Committee
directs the Board to work with the General Services
Administration to minimize relocation costs and to report
regularly to the Committee regarding relocation efforts.
Recovery Accountability and Transparency Board
SALARIES AND EXPENSES
Appropriations, 2015.................................... $18,000,000
Budget estimate, 2016...................................................
Committee recommendation................................................
PROGRAM DESCRIPTION
The Recovery Accountability and Transparency Board
[Recovery Board] was established by the American Recovery and
Reinvestment Act of 2009 [Recovery Act] to ensure
accountability and transparency in the expenditure of Recovery
Act funds and to minimize fraud, waste, and mismanagement. The
Recovery Board's responsibilities under the Recovery Act
sunsetted on September 30, 2013. The Disaster Relief
Appropriations Act of 2013 (Public Law 113-2) required the
Recovery Board to detect and remediate waste, fraud, and abuse
of Federal spending related to the impact of Hurricane Sandy.
The Recovery's Board's responsibilities under the Disaster
Relief Appropriations Act will sunset on September 30, 2015.
COMMITTEE RECOMMENDATION
The Committee recommends no appropriation for the Recovery
Board, as the board will sunset on September 30, 2015. The
recommendation is the same as the budget request.
Securities and Exchange Commission
SALARIES AND EXPENSES
Appropriations, 2015.................................... $1,500,000,000
Budget estimate, 2016................................... 1,722,000,000
Committee recommendation................................ 1,500,000,000
PROGRAM DESCRIPTION
The Securities and Exchange Commission [SEC] is an
independent agency responsible for administering many of the
Nation's laws regulating the areas of securities and finance.
The mission of the SEC is to administer and enforce Federal
securities laws in order to protect investors, maintain fair,
honest, and efficient markets, and promote capital formation.
This includes ensuring full disclosure of appropriate financial
information, regulating the Nation's securities markets, and
preventing and policing fraud and malpractice in the securities
and financial markets.
COMMITTEE RECOMMENDATION
The Committee recommends a total budget (obligational)
authority of $1,500,000,000 for the salaries and expenses of
the SEC, to be fully derived from fee collections.
At the end of fiscal year 2014, the SEC had $74,000,000 in
unobligated balances that it carried forward into 2015. In
addition, Public Law 113-235 increased the SEC's budget by
$150,000,000 for fiscal year 2015. Despite this significant
increase in available funding for the Commission, the Committee
is concerned that the agency's elevated hiring rate is
unsustainable and unsupported by its appropriation level. The
SEC has a history of accounting weaknesses and Antideficiency
Act violations, and the Committee will continue to closely
monitor the agency's hiring rate, target FTE level, and
unobligated balances to ensure it is appropriately and
effectively utilizing available resources.
Unobligated Balances Report.--In contrast to many agencies,
the Committee provides the SEC with no-year funds that remain
available until expended by the Commission. The Committee is
concerned with a lack of transparency about agency projections
for the level of funding that will be unobligated at year end
and carried forward into the following fiscal year. At the end
of each quarter, the SEC is directed to report to the Committee
on its current unobligated balances and its estimate of
unobligated balances that will remain available at the end of
the fiscal year.
Fee Offset Nature of Account.--Pursuant to the Dodd-Frank
Act, transaction fees receipts are treated as offsetting
collections equal to the amount of the appropriation.
Reserve Fund Notifications.--The Committee appreciates the
SEC's adherence to its obligation to notify Congress of the
date, amount, and purpose of any obligation from the Fund
within 10 days of such obligation. The Committee directs the
SEC, in its written notifications to Congress required by 15
U.S.C. 78d(i)(3) regarding amounts obligated from the SEC
Reserve Fund, to specify: (1) the balance in the fund remaining
available after the obligation is deducted; (2) the estimated
total cost of the project for which amounts are being deducted;
(3) the total amount for all projects that have withdrawn
funding from the Reserve Fund since fiscal year 2012; and (4)
the estimated amount, per project, that will be required to
complete all ongoing projects which use funding derived from
the Reserve Fund.
Spending Plan.--The Committee directs the SEC to submit,
within 30 days of enactment, a detailed spending plan for the
allocation of appropriated funds displayed by discrete program,
project, and activity, including staffing projections,
specifying both FTEs and contractors, and planned investments
in information technology. The Committee also directs the SEC
to submit, within 30 days of enactment, a detailed spending
plan for the allocation of expenditures from the Reserve Fund.
Cybersecurity.--The Committee highlights the importance of
cybersecurity and the challenges it raises for securities
market infrastructure. The recent halt in trading on the New
York Stock Exchange caused uncertainty for investors and
demonstrated the Commission's limited response capacity. While
the Commission is not equipped to resolve external technical
glitches at stock exchanges, self-regulatory organizations or
financial institutions, the Committee expects the SEC to set
expectations for organizations to manage cyber threats and
mitigate the effects of cybersecurity incidents.
Industry Guide 7.--The Committee strongly encourages the
SEC to update the Industry Guide 7 containing the SEC's basic
disclosure policy for mining in accordance with international
modern practices.
Business Development Companies.--Congress created Business
Development Companies [BDCs] in 1980 to facilitate capital
formation in small and medium-sized businesses. In late 2005,
the SEC adopted rules relating to Securities Offering Reform,
which modernized the registration offering process for public
companies. BDCs were left out of these reforms leaving them on
an uneven playing field with other public companies seeking to
access the capital markets. Relieving the current restrictions
on BDCs will make the capital raising process for BDCs more
flexible, more efficient, and less expensive-while also saving
time and resources. The Committee recommends that the SEC issue
proposed rules making several offering reforms for BDCs.
Regulatory Coordination and Harmonization.--The Committee
believes it is important for the SEC and CFTC to ensure optimum
harmonization with each other in executing the respective
oversight responsibilities of each agency with respect to over-
the-counter derivative products. The Committee expects the SEC
and the CFTC to consult and coordinate, to the greatest extent
possible, in order to limit inconsistent regulation of similar
entities, products, and markets.
Selective Service System
SALARIES AND EXPENSES
Appropriations, 2015.................................... $22,500,000
Budget estimate, 2016................................... 22,900,000
Committee recommendation................................ 22,703,000
PROGRAM DESCRIPTION
The Selective Service System is an independent Federal
agency, operating with permanent authorization under the
Military Selective Service Act (50 U.S.C. App. 451 et seq.).
The agency is not part of the Department of Defense, but its
basic mission 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. However, the Selective Service System remains the
primary vehicle by which personnel will be brought into the
military if Congress and the President should authorize a
return to the draft.
In December 1987, Selective Service was tasked by law
(Public Law 100-180) to develop plans for a postmobilization
healthcare personnel delivery system capable of providing the
necessary critically skilled healthcare personnel to the Armed
Forces in time of emergency. An automated system capable of
handling mass registration and inductions is now complete,
together with necessary draft legislation, a draft Presidential
proclamation, prototype forms and letters, and other products.
These products will be available should the need arise. The
development of supplemental standby products, such as a
compliance system for healthcare personnel, continues using
very limited existing resources.
committee recommendation
The Committee recommends an appropriation of $22,703,000
for the Selective Service System.
Small Business Administration
Appropriations, 2015.................................... $887,604,000
Budget estimate, 2016................................... 860,130,000
Committee recommendation................................ 849,092,000
PROGRAM DESCRIPTION
The Small Business Administration [SBA] provides American
entrepreneurs access to capital, Federal contracting
opportunities, and entrepreneurial education in order to grow
businesses and create jobs. SBA also provides disaster
assistance for businesses of all sizes, non-profit
organizations, homeowners, and renters.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $849,092,000 for the
Small Business Administration [SBA]. The amount provided will
support the same level or higher of lending but requires fewer
Government subsidy dollars due to fewer loan defaults. The
recommendation includes $158,829,000 for the Disaster Loans
Program Account designated by Congress as disaster relief
pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended. Funding is distributed among the SBA
appropriation accounts as described below.
ENTREPRENEURIAL DEVELOPMENT PROGRAMS
Appropriations, 2015.................................... $220,000,000
Budget estimate, 2016................................... 206,250,000
Committee recommendation................................ 220,150,000
PROGRAM DESCRIPTION
SBA's Entrepreneurial Development Programs support non-
credit business assistance to entrepreneurs. The appropriation
includes funding for a vast network of resource partners
located throughout the Nation, including Small Business
Development Centers, Women's Business Centers, SCORE
(previously Service Corps of Retired Executives) chapters, and
Veterans Business Outreach centers. This resource network and
several other SBA programs provide training, counseling, and
technical assistance to entrepreneurs.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $220,150,000 for the
SBA Entrepreneurial Development Programs.
The Committee recommendations, by program, are displayed in
the following table:
ENTREPRENEURIAL DEVELOPMENT PROGRAMS
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
7(j) Technical Assistance............................... 2,800
Entrepreneurship Education.............................. 11,000
HUBZone Program......................................... 3,000
Microloan Technical Assistance.......................... 25,000
National Women's Business Council....................... 1,000
Native American Outreach................................ 2,000
Regional Innovation Clusters............................ 6,000
SCORE................................................... 10,500
Small Business Development Centers (SBDCs).............. 115,000
State & Trade Export Promotion (STEP)................... 17,400
Veterans Outreach....................................... 11,450
Women's Business Centers (WBC).......................... 15,000
---------------
Total, Entrepreneurial Development Programs....... 220,150
------------------------------------------------------------------------
The Committee directs that the amounts provided for SBA's
Entrepreneurial Development Programs, as specified in the table
above, shall be administered in the same manner as previous
years and shall not be reduced, reallocated, or reprogrammed to
provide additional funds for other programs, initiatives, or
activities.
Small Business Development Centers.--The Committee
continues to support the Small Business Development Center
[SBDC] Program and recommends $115,000,000 for fiscal year
2016. SBDCs play an integral role in the SBA resource partner
network that supports 1,200,000 small business owners and
aspiring entrepreneurs each year. Through more than 900 service
centers, SBDCs provide management and technical assistance in
key areas to small business clients throughout the Nation. As
the economy struggles, SBDCs have reported a significant
increase in demand for their expertise as businesses seek
guidance on how to weather the economic conditions and as newly
unemployed Americans look for advice on starting a small
business as a new career path. Providing support for SBDCs is
more critical than ever as our economy works to recover and
grow. The Committee directs SBA to prioritize the continuation
of a robust SBDC network and to partner with the network and
SBA's other resource partners in the implementation of all of
SBA's lending, entrepreneurial development, and procurement
programs.
The Committee directs that, subject to the availability of
funds, the Administrator of the SBA shall, to the extent
practicable, ensure that a small business development center is
appropriately reimbursed within the same fiscal year in which
the expenses are submitted for reimbursement for any and all
legitimate expenses incurred in carrying out activities under
section 21(a)(1) et seq. of the Small Business Act (15 U.S.C.
648(a)(1) et seq.).
Veterans Programs.--The Committee supports funding for
veterans programs and provides $11,450,000 for veterans
outreach, which includes funding for Veterans Business Outreach
Centers [VBOC], Boots to Business, Veteran-Women Igniting the
Spirit of Entrepreneurship [V-WISE], Entrepreneurship Bootcamp
for Veterans with Disabilities [EBV], and Boots to Business
Reboot. This level is equal to the budget request.
Native American Outreach.--SBA's Office of Native American
Affairs works to ensure that American Indians, Alaska Natives,
and Native Hawaiians seeking to create, develop, and expand
small businesses have full access to SBA's entrepreneurial
development, lending, and procurement programs. The Committee
recommends $2,000,000 for SBA's Native American outreach
programs. The Committee directs SBA to submit a spending plan
within 60 days of enactment detailing planned spending on
Native American outreach programs in fiscal year 2016.
Microloan Program.--The Committee recommends $25,000,000
for grants to Microloan intermediaries under the Microloan
program for marketing, management, and technical assistance
provided to borrowers. An additional $3,338,172 is recommended
under the heading ``Business Loans Program Account'' to support
estimated lending volume of $35,000,000 under the Microloan
program.
HUBZone.--The Historically Underutilized Business Zones
[HUBZone] program helps small businesses in urban and rural
communities gain preferential access to Federal procurement
opportunities. The Committee recommends $3,000,000 for the
HUBZone program. This program is a critical resource for
distressed communities, especially those surrounding military
bases closed under the Base Realignment and Closure [BRAC]
process. The Committee is aware that businesses located in a
BRAC HUBZone face unique challenges in qualifying for the
program and competing for Federal procurement opportunities,
and directs the SBA to examine ways to address these issues in
any future revisions of the Small Business Act or other
legislation.
Regional Innovation Clusters.--The Committee recommends
$6,000,000 for SBA's regional innovation clusters. The
Committee encourages SBA to support nonprofit organizations
that provide business development services designed to
accelerate industry sectors built on regional assets under the
initiative. The Committee encourages SBA to support initiatives
that promote a culture of innovative entrepreneurship and
provide services and support directly to early-stage and high-
tech innovation opportunities.
State Trade and Export Program [STEP].--The Committee
recommends $17,400,000 for STEP for fiscal year 2016. STEP
provides grants to states to supplement their export promotion
programs with the goal of increasing the number of small
businesses that are exporting and raising the value of exports
for small businesses that are already exporting. States provide
matching funds for STEP grants and have used funds to support
trade missions, international marketing efforts, export
counseling, and export trade show exhibits.
Entrepreneurial Education.--The Committee recommends
$11,000,000 for the entrepreneurial education program. This
amount is $4,000,000 above the fiscal year 2015 enacted level
and equal to the budget request. The recommendation will allow
SBA to expand its entrepreneurial education initiative to
provide intensive training to small business owners with
existing small businesses that have completed the ``start up''
phase and are facing common, solvable challenges to sustain and
grow their businesses.
SALARIES AND EXPENSES
Appropriations, 2015.................................... $257,000,000
Budget estimate, 2016................................... 281,938,000
Committee recommendation................................ 257,000,000
PROGRAM DESCRIPTION
The Salaries and Expenses appropriation provides for the
overall operating expenses of the SBA, including compensation
and benefits for staff located at headquarters, regional, and
district offices, rent and other agency-wide costs, and
operating costs for program offices, including the Office of
Capital Access, Office of Credit Risk Management, Office of
Entrepreneurial Development, Office of Investments and
Innovation, Office of Government Contracting and Business
Development, Office of International Trade, Office of
Management and Administration, and for other program and
supporting offices.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $257,000,000 for
salaries and expenses of the SBA.
The Committee recommends $12,000,000 for SBA's Office of
Credit Risk Management [OCRM] for lender oversight and risk-
based reviews. In support of its mission to analyze and manage
the risk of SBA's loan portfolio, OCRM performs performance
analytics to identify and understand lender performance trends
and assess the quality of the overall loan portfolio. The
Committee finds that OCRM plays a key role in eliminating
waste, fraud, and abuse in SBA lending programs and protecting
taxpayer losses on loans by ensuring lenders comply with
procedures that mitigate the risk of loss under SBA's loan
programs.
The Committee is concerned about the quality of lender
oversight activities at SBA, particularly considering the
magnitude of SBA's loan portfolio, and notes that SBA's Office
of Inspector General has identified weaknesses in SBA's lender
oversight process. SBA loan programs rely on numerous outside
parties (e.g., private lenders, local economic development
organizations, nonprofit community lenders, and venture capital
investors) to complete loan transactions, and many of SBA's
loans are made by lenders to whom SBA has delegated loan-making
authority.
Finally, the Committee finds that the Loan and Lender
Monitoring System [L/LMS] is a vital component of the SBA's
technical capability to provide oversight of its largest
lending programs, the 7(a) and 504 loan programs. OCRM uses L/
LMS as a tool for managing the risk in the loan and lender
portfolios of more than 4,500 lenders, who have approximately
320,000 active loans valued at more than $80 billion in current
dollars. The SBA is directed to continue its use of the Loan
and Lender Monitoring System [L/LMS] to ensure that lenders are
employing sound financial risk management techniques to manage
and monitor risk within their SBA loan portfolios. SBA is
directed to continue to maintain the current capability and
capacity of the L/LMS system, and to strongly consider ways to
upgrade the system to improve lender oversight.
The Committee recognizes that the three current exceptions
for the North American Industry Classification System [NAICS]
Code 541712 are vastly similar. Therefore, the SBA should look
at the impact of consolidating the current exceptions into one
with an employee cap of 1,500.
SBIC Program Licensing.--The Committee believes the SBA
Investment Division should consider reorganizing the Small
Business Investment Company [SBIC] licensing process and
personnel to more efficiently use the resources allocated. In
particular, SBA should: combine the licensing and Management
Assessment Questionnaire [MAQ] staff; reduce the number of
licensing committees and steps for all applicants; and create a
meaningful fast track process for repeat licensees that takes
no longer than 6 weeks, which will allow SBA to focus their
resources on first funds and ensure that there is a written
record of the decisions made by the Investment Division for
applicants and any court that might review such licensing
decisions.
Federal and State Technology Partnership Program.--The
Committee recommends $3,000,000 for the Federal and State
Technology [FAST] Partnership Program in fiscal year 2016. The
Committee supports the FAST program's efforts to reach
innovative, technology-driven small businesses and to leverage
the Small Business Innovation Research [SBIR] and Small
Business Technology Transfer [STTR] program to stimulate
economic development. The FAST program is particularly
important in States that are seeking to build high technology
industries but are underrepresented in the SBIR/STTR programs.
The Committee recognizes that Small Business and Technology
Development Centers [SBTDCs] serve small businesses in these
fields and are accredited to provide intellectual property and
technology commercialization assistance to businesses in high
technology industries. Of the amount provided, $1,000,000 shall
be for FAST awards in States led by SBTDCs.
OFFICE OF INSPECTOR GENERAL
Appropriations, 2015.................................... $19,400,000
Budget estimate, 2016................................... 19,900,000
Committee recommendation................................ 19,900,000
PROGRAM DESCRIPTION
The SBA Office of Inspector General conducts audits to
identify wasteful expenditures and program mismanagement,
investigates fraud and other wrongdoing, and takes other
actions to deter and detect waste, fraud, abuse, and
inefficiencies in SBA programs and operations.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $19,900,000 for the
Office of Inspector General.
The Committee directs the Inspector General to continue
routine analysis and reporting on SBA's modernization of its
loan management and accounting systems, including acquisition,
contractor oversight, implementation, and progress regarding
budget and schedule.
OFFICE OF ADVOCACY
Appropriations, 2015.................................... $9,120,000
Budget estimate, 2016................................... 9,120,000
Committee recommendation................................ 9,120,000
PROGRAM DESCRIPTION
The Office of Advocacy, an independent office within SBA,
solicits and represents the views, concerns, and interests of
small businesses before Congress, the White House, Federal
agencies, Federal courts, and State policymakers.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $9,120,000 for the
Office of Advocacy. The recommendation is equal to the fiscal
year 2015 enacted level and equal to the budget request.
BUSINESS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2015.................................... $195,226,000
Budget estimate, 2016................................... 156,064,000
Committee recommendation................................ 156,064,000
PROGRAM DESCRIPTION
SBA administers a variety of loan programs to expand
entrepreneurs' access to capital to start and grow small
businesses. The 7(a) loan program is the Federal Government's
primary business loan program to assist small businesses in
obtaining financing when they do not qualify for traditional
credit. Under 7(a), SBA guarantees a portion (typically 75 to
90 percent) of loans made by private lenders. Under the 504
program, SBA supports loans to small businesses for financing
major fixed assets such as real estate and major equipment. The
504 program combines SBA guaranteed loans made by nonprofit
Certified Development Companies [CDCs] with loans from private
lenders to provide financing for small businesses.
Under the Small Business Investment Company [SBIC] program,
SBA partners with professionally managed investment funds,
called SBICs. The SBICs combine their own capital with funds
borrowed with an SBA guarantee to make investments in small
businesses.
Finally, under the Microloan program, SBA provides funds to
specialized nonprofit, community-based intermediary lenders
which provide small loans for working capital, inventory, and
other operating expenses. The maximum microloan is $50,000 and
the average loan made under the program is $14,215.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $156,064,000 for the
Business Loans Program Account for fiscal year 2016. The
recommendation is equal to the budget request. The amount
provided for loan subsidies is reduced from the fiscal year
2015 level because subsidy rates have declined. The amount
provided will support the same level or higher of lending but
requires fewer Government subsidy dollars.
The recommendation provides $152,725,828 for administrative
expenses, which may be transferred to and merged with SBA
salaries and expenses to cover the common overhead expenses
associated with the business loans programs.
The recommendation provides $3,338,172 for the Microloan
direct loan program to support lending volume estimated at
$35,000,000. An additional amount of $25,000,000 is recommended
under the heading ``Entrepreneurial Development Programs'' for
technical assistance grants to Microlending intermediaries.
Business loan programs provide crucial access to capital
for new and expanding small businesses, but the approval
process can be challenging and overly burdensome. The SBA
should solicit input from loan recipients seeking ways to
streamline the loan review and approval process for small
businesses. The Committee directs the SBA to report to the
Committees on Appropriations and Small Business and
Entrepreneurship within 180 days on the results of this
solicitation, including legislative changes, requests for
additional resources, or other areas that SBA may pursue in
order to make the loan application and approval process more
efficient for applicants.
DISASTER LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
Appropriations, 2015.................................... $186,858,000
Budget estimate, 2016................................... 186,858,000
Committee recommendation................................ 186,858,000
PROGRAM DESCRIPTION
SBA provides low-interest, long-term loans to businesses of
all sizes, homeowners, renters, and nonprofit organizations
affected by disasters. SBA disaster loans are the primary form
of Federal assistance for the repair and rebuilding of non-
farm, private sector disaster losses. SBA makes two types of
disaster loans. Physical disaster loans are for permanent
rebuilding and replacement of uninsured or underinsured
disaster-damaged privately owned real and/or personal property
and are available to businesses of all sizes, nonprofit
organizations, homeowners, and renters. Economic Injury
Disaster Loans provide necessary working capital for small
businesses and nonprofit organizations until normal operations
resume after a disaster.
COMMITTEE RECOMMENDATION
The Committee recommends $186,858,000 for the
administrative costs of the Disaster Loans program. This amount
is equal to the fiscal year 2015 enacted level and the budget
request. Of the total recommendation, $158,829,000 is
designated by Congress as disaster relief pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
ADMINISTRATIVE PROVISIONS--SMALL BUSINESS ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
Section 530 continues a provision concerning transfer
authority and availability of funds.
Section 531 continues a provision waiving loan guarantee
fees on certain loans issued to veterans and their spouses.
Section 532 authorizes SBA to carry out section 1122 of
Public Law 111-240 during fiscal year 2016.
United States Postal Service
PAYMENT TO THE POSTAL SERVICE FUND
Appropriations, 2015.................................... $70,000,000
Budget estimate, 2016................................... 67,234,000
Committee recommendation................................ 49,923,000
PROGRAM DESCRIPTION
The United States Postal Service does not depend upon
taxpayer subsidies through discretionary appropriations for its
operations but generates nearly all of its more than
$65,000,000,000 in annual gross operating revenue by charging
users of the mail for the costs of postage, products, and
services. Funds provided to the Postal Service in the Payment
to the Postal Service Fund include appropriations for revenue
forgone including providing free mail for the blind, and for
overseas absentee voting.
COMMITTEE RECOMMENDATION
The Committee recommends appropriations totaling
$49,923,000 for payment to the Postal Service Fund.
This amount constitutes an advance appropriation for fiscal
year 2017 to compensate for revenue forgone on free mail for
the blind and for overseas voters.
The Committee includes provisions in the bill to ensure
that mail for overseas voting and mail for the blind shall
continue to be free; that 6-day delivery and rural delivery of
mail shall continue without reduction; and that none of the
funds provided be used to consolidate or close small rural and
other small post offices in fiscal year 2016.
On May 27, 2015, the Postal Service announced its decision
to defer most of the mail processing plant consolidations
scheduled to take place in summer 2015 as the final stage of
its Network Rationalization Initiative. The Postal Service is
encouraged to update the Area Mail Processing feasibility
studies for these plants using the most recent available data
in advance of implementing the proposed consolidations.
Further, the Committee directs the Postal Regulatory
Commission and Postal Service to work together to expand the
methodology to report mail delivery performance to specifically
include mail delivery from rural towns to other rural towns;
from rural towns to urban areas; and from urban areas to rural
towns. The Committee requests this methodology within 60 days
of enactment of the act, with a subsequent report on the data
gathered using this methodology to be provided to the Committee
no later than March 1, 2016.
In rural America, contract stations are vital for
connectivity and serve a function that cannot be replaced.
However, these posts are under considerable threats of phase-
outs due to misplaced priorities and lack of recognition.
Particularly, with an aging population with lower mobility,
postal contract units in rural areas are more important than
ever. The Committee encourages the USPS to, in good faith,
either renew contract postal unit agreements upon expiration or
find a suitable alternative service provider in rural areas.
Breast Cancer Research Stamp.--The Committee recognizes the
important contribution of the Breast Cancer Research Stamp in
raising over $80,700,000 for breast cancer research since 1998.
The Committee requests that the United States Postal Service
[USPS] display, to the extent practicable, publicly visible
signage regarding the stamp at retail post office locations
highlighting the availability of these stamps for purchase. The
Committee requests USPS to provide annual reports to the
Committees on Appropriations of the Senate regarding the total
number of first class one ounce postage stamps sold and the
number of Breast Cancer Research Stamps sold.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2015.................................... $243,883,000
Budget estimate, 2016................................... 250,729,000
Committee recommendation................................ 243,883,000
PROGRAM DESCRIPTION
The United States Postal Service Office of Inspector
General [OIG] is an independent organization established in
1996 and charged with reporting to Congress on the overall
efficiency, effectiveness, and economy of Postal Service
programs and operations. The OIG plays a key role in
maintaining the integrity and accountability of America's
postal service, its revenue and assets, and its employees. The
OIG meets this responsibility by conducting and supervising
objective and independent audits, investigations, and other
reviews.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation, out of the
Postal Fund, of $243,883,000 for the United States Postal
Service Office of Inspector General.
United States Tax Court
salaries and expenses
Appropriations, 2015.................................... $51,300,000
Budget estimate, 2016................................... 53,600,000
Committee recommendation................................ 51,300,000
PROGRAM DESCRIPTION
The U.S. Tax Court is an independent judicial body in the
legislative branch established in 1969 under Article I of the
Constitution of the United States. The Court was created to
provide a national forum for the resolution of disputes between
taxpayers and the Internal Revenue Service, to resolve cases
expeditiously while giving careful consideration to the merits
of each matter, and to ensure the uniform interpretation of the
Internal Revenue Code.
The Tax Court is one of three courts in which taxpayers can
bring suit to contest IRS liability determinations, and the
only one in which taxpayers can do so without prepaying any
portion of the disputed taxes. The matters over which the Court
has jurisdiction are set forth in various sections of title 26
of the United States Code.
The Court is composed of 19 judges, one of whom the judges
elect as chief judge. Tax Court judges are appointed to 15-year
terms by the President with the advice and consent of the
Senate. In their judicial duties the judges are assisted by
senior judges, who participate in the adjudication of regular
cases, and by special trial judges, who hear small tax cases
and certain regular cases assigned to them by the chief judge.
The Court is headquartered in Washington, DC, and conducts
trial sessions in 74 cities throughout the United States,
including Hawaii and Alaska. Decisions by the Court are
reviewable by the U.S. Courts of Appeals and, if certiorari is
granted, by the Supreme Court.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $51,300,000
for the U.S. Tax Court.
STATEMENT CONCERNING GENERAL PROVISIONS
The Financial Services and General Government
appropriations bill includes general provisions which govern
both the activities of the agencies covered by the bill, and,
in some cases, activities of agencies, programs, and general
government activities that are not specifically covered by the
bill.
The bill contains a number of general provisions that have
been carried in this bill for many years and which are routine
in nature and scope. General provisions in the bill are
explained under this section of the report. Those general
provisions that deal with a single agency only are shown as
administrative provisions immediately following that particular
agency's or department's appropriation accounts in the bill.
Those provisions that address activities or directives
affecting all of the agencies covered in this bill are
contained in title VI. General provisions that are
Governmentwide in scope are specified in title VII of this
bill. General provisions applicable to the District of Columbia
are set forth in title VIII of this bill.
TITLE VI
GENERAL PROVISIONS--THIS ACT
Section 601 continues the provision prohibiting pay and
other expenses of non-Federal parties intervening in regulatory
or adjudicatory proceedings funded in this act.
Section 602 continues the provision prohibiting obligations
beyond the current fiscal year and prohibits transfers of funds
unless expressly provided.
Section 603 continues the provision limiting expenditures
for any consulting service through procurement contracts where
such expenditures are a matter of public record and available
for public inspection.
Section 604 continues the provision prohibiting funds in
this act from being transferred without express authority.
Section 605 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 (46 Stat.
590).
Section 606 continues the provision prohibiting the use of
funds unless the recipient agrees to comply with the Buy
American Act.
Section 607 continues the provision prohibiting funding for
any person or entity convicted of violating the Buy American
Act.
Section 608 continues the provision authorizing the
reprogramming of funds and specifies the reprogramming
procedures for agencies funded by this act.
Section 609 continues the provision ensuring that 50
percent of unobligated balances may remain available for
certain purposes.
Section 610 continues the provision restricting the use of
funds for the Executive Office of the President to request
official background reports from the Federal Bureau of
Investigation without the written consent of the individual who
is the subject of the report.
Section 611 continues the provision ensuring that the cost
accounting standards shall not apply with respect to a contract
under the Federal Employees Health Benefits Program.
Section 612 continues the provision allowing use of certain
funds relating to nonforeign area cost of living allowances.
Section 613 continues the provision prohibiting the
expenditure of funds for abortions under the Federal Employees
Health Benefits Program.
Section 614 continues the provision providing an exemption
from section 613 if the life of the mother is in danger or the
pregnancy is a result of an act of rape or incest.
Section 615 continues the provision waiving restrictions on
the purchase of nondomestic articles, materials, and supplies
in the case of acquisition by the Federal Government of
information technology.
Section 616 continues a provision on the acceptance by
agencies or commissions funded by this act, or by their
officers or employees, of payment or reimbursement for travel,
subsistence, or related expenses from any person or entity (or
their representative) that engages in activities regulated by
such agencies or commissions.
Section 617 continues a provision permitting the Securities
and Exchange Commission and the Commodity Futures Trading
Commission to fund a joint advisory committee to advise on
emerging regulatory issues, notwithstanding section 708 of this
act.
Section 618 continues the provision requiring agencies
covered by this act with independent leasing authority to
consult with the General Services Administration before seeking
new office space or making alterations to existing office
space.
Section 619 provides for several appropriated mandatory
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,
$132,000,000 for the Judicial Retirement Funds (Judicial
Officers' Retirement Fund, Judicial Survivors' Annuities Fund,
and the United States Court of Federal Claims Judges'
Retirement Fund), $11,908,000,000 for the Government Payment
for Annuitants, Employee Health Benefits, $49,000,000 for the
Government Payment for Annuitants, Employee Life Insurance, and
$8,872,000,000 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 620 continues a provision allowing the Public
Company Accounting Oversight Board to obligate amounts
collected from monetary penalties for the purpose of funding
scholarships for accounting students, as authorized by the
Sarbanes-Oxley Act of 2002 (Public Law 107-204).
Section 621 continues the provision prohibiting funds for
the Federal Trade Commission to complete the draft report on
food marketed to children unless certain requirements are met.
Section 622 continues the provision prohibiting funds for
certain positions.
Section 623 continues a provision addressing conflicts of
interest by preventing contractor security clearance-related
background investigators from undertaking final Federal reviews
of their own work.
Section 624 is a new provision requiring that agency budget
justifications include a separate table and explanations
relating to management challenges identified by Inspectors
General.
Section 625 continues the provision providing authority for
Chief Information Officers over information technology
spending.
Section 626 continues the provision prohibiting funds from
being used in contravention of the Federal Records Act.
Section 627 rescinds $25,000,000 from the Securities and
Exchange Commission Reserve Fund.
Section 628 is a new provision to require all departments
and agencies funded by this act to link all contracts that
provide awards to successful acquisition outcomes.
Section 629 is a new provision to prohibit funds to pay for
award or incentive fees for contractors with below satisfactory
performance.
Section 630 is a new provision related to coordination of
political expenditures.
Section 631 is a new provision related to electronic filing
of campaign finance reports by Senators and candidates seeking
election to the Senate.
Section 632 is a new provision related to grandfathering
existing joint sales agreements.
Section 633 is a new provision addressing the regulation of
broadband Internet rates.
Section 634 is a new provision related to recreational off-
highway vehicles.
Section 635 is a new provision that makes a technical
correction relating to the Election Assistance Commission.
Section 636 is a new provision relating to Universal
Service Fund payments for wireless providers.
Section 637 is a new provision making conforming changes
related to section 505 of the bill.
Section 638 is a new provision relating to financing of
sales of agriculture commodities to Cuba.
Section 639 is a new provision relating to financial
institutions that provide financial services to certain
entities engaged in commercial activities related to marijuana.
Section 640 is a new provision relating to individuals
affected by the data breach of systems of OPM.
Section 641 is a new provision relating to travel to Cuba.
Section 642 is a new provision relating to vessels entering
a port or place in Cuba.
TITLE VII
GENERAL PROVISIONS--GOVERNMENTWIDE
Departments, Agencies, and Corporations
(INCLUDING TRANSFERS OF FUNDS)
Section 701 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 continues the provision setting specific limits
on the cost of passenger vehicles purchased by the Federal
Government with exceptions for police, heavy duty, electric
hybrid, and clean fuels vehicles with an exception for
commercial vehicles that operate on emerging motor vehicle
technology.
Section 703 continues the provision allowing funds made
available to agencies for travel to also be used for quarters
allowances and cost-of-living allowances.
Section 704 continues the provision prohibiting the
Government, with certain specified exceptions, from employing
non-U.S. citizens whose posts of duty would be in the
continental United States.
Section 705 continues the provision ensuring that agencies
will have authority to pay the General Services Administration
for space renovation and other services.
Section 706 continues the provision allowing agencies to
use receipts from the sale of materials for acquisition, waste
reduction and prevention, environmental management programs,
and other Federal employee programs.
Section 707 continues the provision providing that funds
for administrative expenses may be used to pay rent and other
service costs in the District of Columbia.
Section 708 continues the provision precluding interagency
financing of groups absent prior statutory approval.
Section 709 continues the provision prohibiting the use of
appropriated funds for enforcing regulations disapproved in
accordance with the applicable law of the United States.
Section 710 continues the provision limiting the amount
that can be used for redecoration of offices under certain
circumstances.
Section 711 continues the provision that permits
interagency funding of national security and emergency
preparedness telecommunications initiatives, which benefit
multiple Federal departments, agencies, and entities.
Section 712 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 continues the provision prohibiting the use of
funds to prevent Federal employees from communicating with
Congress or to take disciplinary or personnel actions against
employees for such communication.
Section 714 continues the provision prohibiting Federal
training not directly related to the performance of official
duties.
Section 715 continues the provision prohibiting the use of
appropriated funds for publicity or propaganda designed to
support or defeat legislation pending before Congress.
Section 716 continues the provision prohibiting the use of
appropriated funds by an agency to provide home addresses of
Federal employees to labor organizations, absent employee
authorization, or court order.
Section 717 continues the provision prohibiting the use of
appropriated funds to provide nonpublic information such as
mailing or telephone lists to any person or organization
outside of the Government without approval of the Committees on
Appropriations.
Section 718 continues the provision prohibiting the use of
appropriated funds for publicity or propaganda purposes within
the United States not authorized by Congress.
Section 719 continues the provision directing agencies'
employees to use official time in an honest effort to perform
official duties.
Section 720 continues the provision authorizing the use of
current fiscal year funds to finance an appropriate share of
the Federal Accounting Standards Advisory Board administrative
costs.
Section 721 continues a provision authorizing the transfer
of funds to the General Services Administration to finance an
appropriate share of various Governmentwide boards and councils
under certain conditions.
Section 722 continues the provision authorizing
breastfeeding at any location in a Federal building or on
Federal property.
Section 723 continues the provision permitting interagency
funding of the National Science and Technology Council, and
requiring an OMB report on the budget and resources of the
Council.
Section 724 continues the provision requiring
identification of the Federal agencies providing Federal funds
and the amount provided for all proposals, solicitations, grant
applications, forms, notifications, press releases, or other
publications related to the distribution of funding to a State.
Section 725 continues the provision prohibiting the use of
funds to monitor personal information relating to the use of
Federal Internet sites.
Section 726 continues the provision regarding contraceptive
coverage under the Federal Employees Health Benefits Plan.
Section 727 continues the provision recognizing that the
United States is committed to ensuring the health of the
Olympic, Pan American and Paralympic athletes, and supports the
strict adherence to antidoping in sport activities.
Section 728 continues the provision allowing departments
and agencies to use official travel funds to participate in the
fractional aircraft ownership pilot programs.
Section 729 continues the provision prohibiting funds for
implementation of OPM regulations limiting detailees to the
legislative branch and placing certain limitations on the Coast
Guard Congressional Fellowship program.
Section 730 continues the provision prohibiting the
expenditure of funds for the acquisition of certain additional
Federal law enforcement training facilities.
Section 731 continues a provision that prohibits executive
branch agencies from creating or funding prepackaged news
stories that are broadcast or distributed in the United States
unless specific notification conditions are met.
Section 732 continues a provision prohibiting funds used in
contravention of the Privacy Act, section 552a of title 5,
United States Code or section 522.224 of title 48 of the Code
of Federal Regulations.
Section 733 continues a provision prohibiting funds in this
or any other act from being used for Federal contracts with
inverted domestic corporations or other corporations using
similar inverted structures, unless the contract preceded this
act or the Secretary grants a waiver in the interest of
national security.
Section 734 continues a provision requiring agencies to
remit to the Civil Service Retirement and Disability Fund an
amount equal to the Office of Personnel Management's average
unit cost of processing a retirement claim for the preceding
fiscal year to be available to the Office of Personnel
Management for the cost of processing retirements of employees
who separate under Voluntary Early Retirement Authority or who
receive Voluntary Separation Incentive Payments.
Section 735 continues a provision prohibiting funds to
require any entity submitting an offer for a Federal contract
to disclose political contributions.
Section 736 continues a provision 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, of the head
of an office of the legislative branch.
Section 737 continues a provision limiting the pay
increases of certain prevailing rate employees.
Section 738 continues a provision eliminating automatic
statutory pay increases for the Vice President, political
appointees paid under the executive schedule, ambassadors who
are not career members of the Foreign Service, politically
appointed (noncareer) Senior Executive Service employees, and
any other senior political appointee paid at or above level IV
of the executive schedule.
Section 739 continues a provision requiring reports to
Inspectors General concerning expenditures for agency
conferences.
Section 740 continues a provision prohibiting the use of
funds to increase, eliminate, or reduce a program or project
unless such change is made pursuant to reprogramming or
transfer provisions.
Section 741 continues a provision prohibiting the Office of
Personnel Management or any other agency from using funds to
implement regulations changing the competitive areas under
reductions-in-force for Federal employees.
Section 742 continues a provision that prohibits the use of
funds to begin or announce a study or a public-private
competition regarding the conversion to contractor performance
of any function performed by civilian Federal employees
pursuant to Office of Management and Budget Circular A-76 or
any other administrative regulation, directive, or policy.
Section 743 continues a provision that ensures that
contractors are not prevented from reporting waste, fraud, or
abuse by signing confidentiality agreements that would prohibit
such disclosure.
Section 744 continues a provision prohibiting funds to any
corporation with certain unpaid Federal tax liabilities unless
an agency has considered suspension or debarment of the
corporation and made a determination that this further action
is not necessary to protect the interests of the Government.
Section 745 continues a provision prohibiting funds to any
corporation that was convicted of a felony criminal violation
within the preceding 24 months 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 746 continues a provision prohibiting the
expenditure of funds for the implementation of agreements in
certain nondisclosure policies unless certain provisions are
included in the policies.
Section 747 is a new provision relating to Executive Order
13690.
Section 748 continues a provision that addresses possible
technical scorekeeping differences for fiscal year 2016 between
the Office of Management and Budget and the Congressional
Budget Office.
Section 749 continues a provision declaring the
inapplicability of these general provisions to title IV and
title VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(INCLUDING TRANSFER OF FUNDS)
Section 801 continues the provision that allows the use of
local funds for refunding overpayments of taxes collected and
for paying settlements and judgments against the District of
Columbia government.
Section 802 continues the provision that prohibits the use
of Federal funds for publicity or propaganda designed to
support or defeat legislation before Congress or any State
legislature.
Section 803 continues the provision that establishes
notification requirements for certain reprogramming and
transfer requirements with respect to funds and specifies a
timeframe for approval and execution of requests to reprogram
and transfer local funds.
Section 804 continues the provision that prohibits the use
of Federal funds for salaries, expenses, or other costs
associated with the offices of U.S. Senator or Representative
under section 4(d) of the D.C. Statehood Constitutional
Convention Initiatives of 1979.
Section 805 continues, with a modification, the provision
that restricts the use of official District of Columbia
government vehicles to official duties and not between a
residence and workplace, except under certain circumstances.
Section 806 continues the provision that prohibits the use
of Federal funds by the District of Columbia Attorney General
or any other officer or entity of the District government to
provide assistance 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 continues the provision that prohibits the use
of Federal funds in this act to distribute, for the purpose of
preventing the spread of blood borne pathogens, sterile needles
or syringes in any location that has been determined by local
public health officials or local law enforcement authorities to
be inappropriate for such distribution.
Section 808 continues the provision that includes a
``conscience clause'' on legislation that pertains to
contraceptive coverage by health insurance plans.
Section 809 restricts the use of Federal funds for
abortion, with certain exceptions.
Section 810 continues the provision requiring the CFO to
submit a revised operating budget for agencies the CFO
certifies as requiring a reallocation to address unanticipated
program needs.
Section 811 continues the provision requiring the CFO to
submit a revised appropriated funds budget for the District of
Columbia Schools that aligns the schools' budgets to actual
enrollment.
Section 812 continues the provision authorizing the
transfer of local funds between operating funds and capital and
enterprise funds.
Section 813 continues the provision prohibiting obligations
beyond the current fiscal year and prohibits transfers of funds
unless expressly provided.
Section 814 continues the provision that ensures that 50
percent of unobligated balances may remain available for
certain purposes.
Section 815 continues a provision that appropriates local
funds during fiscal year 2017 if there is an absence of a
continuing resolution or regular appropriation for the District
of Columbia. Funds are provided under the same authorities and
conditions and in the same manner and extent as provided for
fiscal year 2016.
Section 816 is a new provision establishing additional
requirements for schools participating in the private
scholarship program funded in the bill.
Section 817 is a new provision requested by the President
that amends the D.C. College Access Act of 1999 to reduce the
income threshold for D.C. Tuition Assistance Grant recipients.
Section 818 continues the provision which limits references
to ``this act'' in this title or title IV as referring to only
this title and title IV.
TITLE IX
FINANCIAL REGULATORY IMPROVEMENTS
Title IX contains provisions that provide regulatory relief
for community banks and credit unions as well as targeted
reforms that reduce the level of risk in the financial system.
COMPLIANCE WITH PARAGRAPH 7, RULE XVI OF THE STANDING RULES OF THE
SENATE
Paragraph 7 of rule XVI requires that Committee reports on
general appropriations bills identify each Committee amendment
to the House bill ``which proposes an item of appropriation
which is not made to carry out the provisions of an existing
law, a treaty stipulation, or an act or resolution previously
passed by the Senate during that session.''
The Committee is filing an original bill, which is not
covered under this rule, but reports this information in the
spirit of full disclosure.
Items providing funding for fiscal year 2016 which lack
authorization are as follows:
Department of the Treasury
Departmental Offices
Department-wide Systems and Capital Investments
Office of the Inspector General
Inspector General for Tax Administration
Financial Crimes Enforcement Network
Fiscal Service
Alcohol and Tobacco Tax and Trade Bureau
Community Development Financial Institutions Fund
Internal Revenue Service:
Taxpayer Services
Enforcement
Operations Support
Business Systems Modernization
Executive Office of the President
Office of Management and Budget
Office of National Drug Control Policy
District of Columbia
Federal Payment for Resident Tuition Support
Federal Payment for the District of Columbia Water and
Sewer Authority
Federal Payment for Judicial Commissions
Federal Payment for the D.C. National Guard
Independent Agencies
Administrative Conference of the United States
Commodity Futures Trading Commission
Election Assistance Commission
Federal Communications Commission
Federal Election Commission
Federal Trade Commission
General Services Administration:
Federal Buildings Fund\1\
---------------------------------------------------------------------------
\1\Deposits into the Federal Buildings Fund are available for real
property management and related activities in the amounts specified in
annual appropriations laws, as provided by 40 U.S.C. 592.
---------------------------------------------------------------------------
Merit Systems Protection Board
National Archives and Records Administration, National
Historical Publications and Records Commission
National Credit Union Administration: Community Development
Revolving Loan Fund
Office of Government Ethics
Office of Special Counsel
COMPLIANCE WITH PARAGRAPH 7(c), RULE XXVI OF THE STANDING RULES OF THE
SENATE
Pursuant to paragraph 7(c) of rule XXVI, on July 23, 2015,
the Committee ordered favorably reported an original bill (S.
1910) making appropriations for financial services and general
government for the fiscal year ending September 30, 2016, and
for other purposes, provided that the bill be subject to
amendment and that the bill be consistent with its budget
allocation, by a recorded vote of 16-14, a quorum being
present. The vote was as follows:
Yeas Nays
Chairman Cochran Ms. Mikulski
Mr. McConnell Mr. Leahy
Mr. Shelby Mrs. Murray
Mr. Alexander Mrs. Feinstein
Ms. Collins Mr. Durbin
Ms. Murkowski Mr. Reed
Mr. Graham Mr. Tester
Mr. Kirk Mr. Udall
Mr. Blunt Mrs. Shaheen
Mr. Moran Mr. Merkley
Mr. Hoeven Mr. Coons
Mr. Boozman Mr. Schatz
Mrs. Capito Ms. Baldwin
Mr. Cassidy Mr. Murphy
Mr. Lankford
Mr. Daines
COMPLIANCE WITH PARAGRAPH 12, RULE XXVI OF THE STANDING RULES OF THE
SENATE
Paragraph 12 of rule XXVI requires that Committee reports
on a bill or joint resolution repealing or amending any statute
or part of any statute include ``(a) the text of the statute or
part thereof which is proposed to be repealed; and (b) a
comparative print of that part of the bill or joint resolution
making the amendment and of the statute or part thereof
proposed to be amended, showing by stricken-through type and
italics, parallel columns, or other appropriate typographical
devices the omissions and insertions which would be made by the
bill or joint resolution if enacted in the form recommended by
the Committee.''
In compliance with this rule, changes in existing law
proposed to be made by the bill are shown as follows: existing
law to be omitted is enclosed in black brackets; new matter is
printed in italic; and existing law in which no change is
proposed is shown in roman.
With respect to title IX of this bill, it is the opinion of
the Committee that it is necessary to dispense with these
requirements in order to expedite the business of the Senate.
TITLE 12--BANKS AND BANKING
Chapter 16--Federal Deposit Insurance Corporation
Sec. 1812. Management
(a) Board of Directors
(1) In general
The management of the Corporation shall be vested in a
Board of Directors consisting of 5 members--
(A) * * *
(B) 1 of whom shall be the [Director of the
Consumer Financial Protection Bureau] Chairperson of
the Board of Directors of the Bureau of Consumer
Financial Protection; and
* * * * * * *
(d) Vacancy
(1) In general
* * * * * * *
(2) Acting officials may serve
In the event of a vacancy in the office of the Comptroller
of the Currency or the office of [Director of the Consumer
Financial Protection Bureau] Chairperson of the Board of
Directors of the Bureau of Consumer Financial Protection and
pending the appointment of a successor, or during the absence
or disability of the Comptroller of the Currency or the
[Director of the Consumer Financial Protection Bureau]
Chairperson of the Board of Directors of the Bureau of Consumer
Financial Protection, the acting Comptroller of the Currency or
the acting [Director of the Consumer Financial Protection
Bureau] Chairperson of the Board of Directors of the Bureau of
Consumer Financial Protection, as the case may be, shall be a
member of the Board of Directors in the place of the
[Comptroller or Director] Comptroller or Chairperson.
* * * * * * *
Chapter 27--Real Estate Settlement Procedures
Sec. 2604. Home buying information booklets
(a) Preparation and distribution
The [Director of] Board of Directors of the Bureau of
Consumer Financial Protection (hereafter in this section
referred to as the ``[Director] Board'') shall prepare, at
least once every 5 years, a booklet to help consumers applying
for federally related mortgage loans to understand the nature
and costs of real estate settlement services. The [Director]
Board shall prepare the booklet in various languages and
cultural styles, as the [Director] Board determines to be
appropriate, so that the booklet is understandable and
accessible to homebuyers of different ethnic and cultural
backgrounds. The [Director] Board shall distribute such
booklets to all lenders that make federally related mortgage
loans. The [Director] Board shall also distribute to such
lenders lists, organized by location, of homeownership
counselors certified under section 1701x(e) of this title for
use in complying with the requirement under subsection (c) of
this section.
(b) Contents
Each booklet shall be in such form and detail as the
[Director] Board shall prescribe and, in addition to such other
information as the [Director] Board may provide, shall include
in plain and understandable language the following information:
(1) * * *
* * * * * * *
(6) A brief explanation of the nature of a variable rate
mortgage and a reference to the booklet entitled ``Consumer
Handbook on Adjustable Rate Mortgages'', published by the
[Director] Board, or to any suitable substitute of such booklet
that the [Director] Board may subsequently adopt pursuant to
such section.
* * * * * * *
Chapter 29--Home Mortgage Disclosure
Sec. 2806. Compliance improvement methods
(a) In general
(1) Consultation required
The [Director of the Bureau of Consumer] Board of Directors
of the Bureau of Consumer Financial Protection, with the
assistance of the Secretary, the Director of the Bureau of the
Census, the Board of Governors of the Federal Reserve System,
the Federal Deposit Insurance Corporation, and such other
persons as the Bureau deems appropriate, shall develop or
assist in the improvement of, methods of matching addresses and
census tracts to facilitate compliance by depository
institutions in as economical a manner as possible with the
requirements of this chapter.
* * * * * * *
(3) Contracting authority
The [Director of the Bureau of Consumer] Board of Directors
of the Bureau of Consumer Financial Protection is authorized to
utilize, contract with, act through, or compensate any person
or agency in order to carry out this subsection.
(b) Recommendations to Congress
The [Director of the Bureau of Consumer] Board of Directors
of the Bureau of Consumer Financial Protection shall recommend
to the Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services of the House of
Representatives, such additional legislation as the [Director
of the Bureau of Consumer] Board of Directors of the Bureau of
Consumer Financial Protection deems appropriate to carry out
the purpose of this chapter.
* * * * * * *
Chapter 34--Federal Financial Institutions Examination Council
Sec. 3303. Financial Institutions Examination Council
(a) Establishment; composition
There is established the Financial Institutions Examination
Council which shall consist of--
(1) * * *
* * * * * * *
(4) the [Director of the Consumer Financial
Protection Bureau] Chairperson of the Board of
Directors of the Bureau of Consumer Financial
Protection,
------
TITLE 15--COMMERCE AND TRADE
Chapter 41--Consumer Credit Protection
Subchapter VI--Electronic Fund Transfers
Sec. 1693o-2. Reasonable fees and rules for payment card transactions
(a) Reasonable interchange transaction fees for electronic
debit transactions
(1) Regulatory authority over interchange transaction fees
* * * * * * *
(4) Considerations; consultation
(A) * * *
* * * * * * *
(C) consult, as appropriate, with the Comptroller
of the Currency, the Board of Directors of the Federal
Deposit Insurance Corporation, the Director of the
Office of Thrift Supervision, the National Credit Union
Administration Board, the Administrator of the Small
Business Administration, and the [Director of the
Bureau] Board of Directors of the Bureau of Consumer
Financial Protection.
* * * * * * *
Chapter 42--Interstate Land Sales
Sec. 1701. Definitions
For the purposes of this chapter, the term--
(1) [``Director'' means the Director] ``Board''
means the Board of Directors of the Bureau of Consumer
Financial Protection;
* * * * * * *
Sec. 1702. Exemptions
(a) Sale or lease of lots generally
* * * * * * *
(b) Sale or lease of lots subject to other statutory
registration and disclosure requirements
Unless the method of disposition is adopted for the purpose
of evasion of this chapter, the provisions requiring
registration and disclosure (as specified in section 1703(a)(1)
of this title and sections 1704 through 1707 of this title)
shall not apply to--
* * * * * * *
(2) the sale or lease of lots in a subdivision if,
within the twelve-month period commencing on the date
of the first sale or lease of a lot in such subdivision
after the effective date of this subsection, or on such
other date within that twelve-month period as the
[Director] Board may prescribe, not more than twelve
lots are sold or leased, and the sale or lease of the
first twelve lots in such subdivision in any subsequent
twelve-month period, if not more than twelve lots have
been sold or leased in any preceding twelve-month
period after the effective date of this subsection;
* * * * * * *
(8) the sale or lease of a lot in a subdivision
containing fewer than three hundred lots if--
(A) * * *
(B) the lot is free and clear of liens
(such as mortgages, deeds of trust, tax liens,
mechanics liens, or judgments) at the time of
the signing of the contract or agreement and
until a deed is delivered to the purchaser or
the lease expires. As used in this
subparagraph, the term ``liens'' does not
include (i) United States land patents and
similar Federal grants or reservations, (ii)
property reservations which land developers
commonly convey or dedicate to local bodies or
public utilities for the purpose of bringing
public services to the land being developed,
(iii) taxes and assessments imposed by a State,
by any other public body having authority to
assess and tax property, or by a property
owners' association, which, under applicable
State or local law, constitute liens on the
property before they are due and payable or
beneficial property restrictions which would be
enforceable by other lot owners or lessees in
the subdivision, or (iv) other interests
described in regulations prescribed by the
[Director] Board;
* * * * * * *
(G) the developer executes a written
affirmation to the effect that he has complied
with the provisions of this paragraph, such
affirmation to be given on a form provided by
the [Director] Board, which shall include the
following: the name and address of the
developer; the name and address of the
purchaser or lessee; a legal description of the
lot; an affirmation that the provisions of this
paragraph have been complied with; a statement
that the developer submits to the jurisdiction
of this title with regard to the sale or lease;
and the signature of the developer; or
* * * * * * *
(c) Rules and regulations
The [Director] Board may from time to time, pursuant to
rules and regulations issued [by him] by the Board, exempt from
any of the provisions of this chapter any subdivision or any
lots in a subdivision, if [he] the Board finds that the
enforcement of this chapter with respect to such subdivision or
lots is not necessary in the public interest and for the
protection of purchasers by reason or the small amount involved
or the limited character of the public offering.
* * * * * * *
Sec. 1704. Registration of subdivisions
(a) Filing of statement of record
A subdivision may be registered by filing with the
[Director] Board a statement of record, meeting the
requirements of this chapter and such rules and regulations as
may be prescribed by the [Director] Board in furtherance of the
provisions of this chapter. A statement of record shall be
deemed effective only as to the lots specified therein.
(b) Payment of fees; use by [Director] Board
At the time of filing a statement of record, or any
amendment thereto, the developer shall pay to the [Director]
Board a fee, not in excess of $1,000, in accordance with a
schedule to be fixed by the regulations of the [Director]
Board, which fees may be used by the [Director] Board to cover
all or part of the cost of rendering services under this
chapter, and such expenses as are paid from such fees shall be
considered nonadministrative.
(c) Filing deemed to have taken place upon receipt of statement
of record accompanied by fee
The filing with the [Director] Board of a statement of
record, or of an amendment thereto, shall be deemed to have
taken place upon the receipt thereof, accompanied by payment of
the fee required by subsection (b) of this section.
(d) Availability of information to public
The information contained in or filed with any statement of
record shall be made available to the public under such
regulations as the [Director] Board may prescribe and copies
thereof shall be furnished to every applicant at such
reasonable charge as the [Director] Board may prescribe.
* * * * * * *
Sec. 1705. Information required in statement of record
The statement of record shall contain the information and
be accompanied by the documents specified hereinafter in this
section--
(1) * * *
* * * * * * *
(11) such certified and uncertified financial
statements of the developer as the [Director] Board may
require; and
(12) such other information and such other
documents and certifications as the [Director] Board
may require as being reasonably necessary or
appropriate for the protection of purchasers.
* * * * * * *
Sec. 1706. Effective date of statements of record and amendments
thereto
(a) Thirtieth day after filing or such earlier date as
determined by [Director] Board; consolidation of
subsequent statement with earlier recording
Except as hereinafter provided, the effective date of a
statement of record, or any amendment thereto, shall be the
thirtieth day after the filing thereof or such earlier date as
the [Director] Board may determine, having due regard to the
public interest and the protection of purchasers. If any
amendment to any such statement is filed prior to the effective
date of the statement, the statement shall be deemed to have
been filed when such amendment was filed; except that such an
amendment filed with the consent of the [Director] Board, or
filed pursuant to an order of the [Director] Board, shall be
treated as being filed as of the date of the filing of the
statement of record. When a developer records additional lands
to be offered for disposition, he may consolidate the
subsequent statement of record with any earlier recording
offering subdivided land for disposition under the same
promotional plan. At the time of consolidation the developer
shall include in the consolidated statement of record any
material changes in the information contained in the earlier
statement.
(b) Incomplete or inaccurate statements of record
If it appears to the [Director] Board that a statement of
record, or any amendment thereto, is on its face incomplete or
inaccurate in any material respect, the [Director] Board shall
so advise the developer within a reasonable time after the
filing of the statement or the amendment, but prior to the date
the statement or amendment would otherwise be effective. Such
notification shall serve to suspend the effective date of the
statement or the amendment until thirty days after the
developer files such additional information as the [Director]
Board shall require. Any developer, upon receipt of such
notice, may request a hearing, and such hearing shall be held
within twenty days of receipt of such request by the [Director]
Board.
(c) Amendment of statement of record
If, at any time subsequent to the effective date of a
statement of record, a change shall occur affecting any
material fact required to be contained in the statement, the
developer shall promptly file an amendment thereto. Upon
receipt of any such amendment, the [Director] Board may, if
[he] the Board determines such action to be necessary or
appropriate in the public interest or for the protection of
purchasers, suspend the statement of record until the amendment
becomes effective.
(d) Suspension of statement of record containing untrue
statement or omission to state material fact;
notice and hearing; termination of order of
suspension
If it appears to the [Director] Board at any time that a
statement of record, which is in effect, includes any untrue
statement of a material fact or omits to state any material
fact required to be stated therein or necessary to make the
statements therein not misleading, the [Director] Board may,
after notice, and after opportunity for hearing (at a time
fixed by the [Director] Board) within fifteen days after such
notice, issue an order suspending the statement of record. When
such statement has been amended in accordance with such order,
the [Director] Board shall so declare and thereupon the order
shall cease to be effective.
(e) Examination to determine issuance of order; access to
records; order suspending statement of record upon
failure to cooperate
The [Director] Board is hereby empowered to make an
examination in any case to determine whether an order should
issue under subsection (d) of this section. In making such
examination, the [Director] Board or anyone designated by [him]
the Board shall have access to and may demand the production of
any books and papers of, and may administer oaths and
affirmations to and examine, the developer, any agents or any
other person, in respect of any matter relevant to the
examination. If the developer or any agents shall fail to
cooperate, or shall obstruct or refuse to permit the making of
an examination, such conduct shall be proper ground for the
issuance of an order suspending the statement of record.
* * * * * * *
Sec. 1707. Property report
(a) Contents of report
A property report relating to the lots in a subdivision
shall contain such of the information contained in the
statement of record, and any amendments thereto, as the
[Director] Board may deem necessary, but need not include the
documents referred to in paragraphs (7) to (11), inclusive, of
section 1705 of this title. A property report shall also
contain such other information as the [Director] Board may by
rules or regulations require as being necessary or appropriate
in the public interest or for the protection of purchasers.
(b) Promotional use
The property report shall not be used for any promotional
purposes before the statement of record becomes effective and
then only if it is used in its entirety. No person may
advertise or represent that the [Director] Board approves or
recommends the subdivision or the sale or lease of lots
therein. No portion of the property report shall be
underscored, italicized, or printed in larger or bolder type
than the balance of the statement unless the [Director] Board
requires or permits it.
* * * * * * *
Sec. 1708. Certification of substantially equivalent State law
(a) Criteria; request by State
(1) A State shall be certified if the [Director] Board
determines--
* * * * * * *
(2) In the case of any State which is not certified under
paragraph (1), such State shall be certified if the [Director]
Board determines--
* * * * * * *
(b) Filing of State disclosure materials and related
documentation for purposes of Federal statement of
record and property report requirements; acceptance
by [Director] Board
After the [Director] Board has certified a State under
subsection (a) of this section, the [Director] Board shall
accept for filing under sections 1704 through 1707 of this
title (and declare effective as the Federal statement of record
and property report which shall be used in all States in which
the lots are offered for sale or lease) disclosure materials
found acceptable, and any related documentation required, by
State authorities in connection with the sale or lease of lots
located within the State. The [Director] Board may accept for
such filing, and declare effective as the Federal statement of
record and property report, such materials and documentation
found acceptable by the State in connection with the sale or
lease of lots located outside that State. Nothing in this
subsection shall preclude the [Director] Board from exercising
the authority conferred by subsections (d) and (e) of section
1706 of this title.
(c) Notice to State upon failure to meet requirements and
remedial action necessary for certification
If a State fails to meet the standards for certification
pursuant to subsection (a) of this section, the [Director]
Board shall notify the State in writing of the changes in State
law, regulation, or administration that are needed in order to
obtain certification.
(d) Periodic review of certified States' laws, regulations, and
administration; withdrawal of certification
The [Director] Board shall periodically review the laws and
regulations, and the administration thereof, of States
certified under subsection (a) of this section, and may
withdraw such certification upon a determination that such
laws, regulations, and the administration thereof, taken as a
whole, no longer meet the requirements of subsection (a) of
this section.
(e) State and local governmental authorities affected;
cooperation with State authorities
Nothing in this chapter may be construed to prevent or
limit the authority of any State or local government to enact
and enforce with regard to the sale of land any law, ordinance,
or code not in conflict with this chapter. In administering
this chapter, the [Director] Board shall cooperate with State
authorities charged with the responsibility of regulating the
sale or lease of lots which are subject to this chapter.
* * * * * * *
Sec. 1710. Court review of orders
(a) Petition; jurisdiction; findings of [Director] Board;
additional evidence; finality
Any person, aggrieved by an order or determination of the
[Director] Board issued after a hearing, may obtain a review of
such order or determination in the court of appeals of the
United States, within any circuit wherein such person resides
or has his principal place of business, or in the United States
Court of Appeals for the District of Columbia, by filing in
such court, within sixty days after the entry of such order or
determination, a written petition praying that the order or
determination of the [Director] Board be modified or be set
aside in whole or in part. A copy of such petition shall be
forthwith transmitted by the clerk of the court to the
[Director] Board, and thereupon the [Director] Board shall file
in the court the record upon which the order or determination
complained of was entered, as provided in section 2112 of title
28. No objection to an order or determination of the [Director]
Board shall be considered by the court unless such objection
shall have been urged before the [Director] Board. The finding
of the [Director] Board as to the facts, if supported by
substantial evidence, shall be conclusive. If either party
shall apply to the court for leave to adduce additional
evidence, and shall show to the satisfaction of the court that
such additional evidence is material and that there were
reasonable grounds for failure to adduce such evidence in the
hearing before the [Director] Board, the court may order such
additional evidence to be taken before the [Director] Board and
to be adduced upon a hearing in such manner and upon such terms
and conditions as to the court may seem proper. The [Director]
Board may modify [his findings] its findings as to the facts by
reason of the additional evidence so taken, and shall file such
modified or new findings, which, if supported by substantial
evidence, shall be conclusive, and [his recommendation] a
recommendation, if any, for the modification or setting aside
of the original order. Upon the filing of such petition, the
jurisdiction of the court shall be exclusive and its judgment
and decree, affirming, modifying, or setting aside, in whole or
in part, any order of the [Director] Board, shall be final,
subject to review by the Supreme Court of the United States
upon certiorari or certification as provided in section 1254 of
title 28.
(b) Stay of order
The commencement of proceedings under subsection (a) of
this section shall not, unless specifically ordered by the
court, operate as a stay of the [Secretary's order] order of
the Board.
* * * * * * *
Sec. 1712. Contrary stipulations void
Any condition, stipulation, or provision binding any person
acquiring any lot in a subdivision to waive compliance with any
provision of this chapter or of the rules and regulations of
the [Director] Board shall be void.
* * * * * * *
Sec. 1714. Investigations, injunctions, and prosecution of offenses
(a) Permanent or temporary injunction or restraining order;
jurisdiction
Whenever it shall appear to the [Director] Board that any
person is engaged or about to engage in any acts or practices
which constitute or will constitute a violation of the
provisions of this chapter, or of any rule or regulation
prescribed pursuant thereto, [he may, in his discretion] the
Board may, at the discretion of the Board, bring an action in
any district court of the United States, or the United States
District Court for the District of Columbia to enjoin such acts
or practices, and, upon a proper showing, a permanent or
temporary injunction or restraining order shall be granted
without bond. The [Director] Board may transmit such evidence
as may be available concerning such acts or practices to the
Attorney General who may, [in his discretion] at the discretion
of the Board, institute the appropriate criminal proceedings
under this chapter.
(b) Investigations; publication of information concerning
violations
The [Director] Board may, [in his discretion] at the
discretion of the Board, make such investigations as [he] the
Board deems necessary to determine whether any person has
violated or is about to violate any provision of this chapter
or any rule or regulation prescribed pursuant thereto, and may
require or permit any person to file with [him] the Board a
statement in writing, under oath or otherwise as the [Director]
Board shall determine, as to all the facts and circumstances
concerning the matter to be investigated. The [Director] Board
is authorized, [in his discretion] at the discretion of the
Board, to publish information concerning any such violations,
and to investigate any facts, conditions, practices, or matters
which [he] the Board may deem necessary or proper to aid in the
enforcement of the provisions of this chapter, in the
prescribing of rules and regulations thereunder, or in securing
information to serve as a basis for recommending further
legislation concerning the matters to which this chapter
relates.
(c) Oaths and affirmations; subpena power
For the purpose of any such investigation, or any other
proceeding under this chapter; the [Director] Board, or any
officer designated by [him] the Board, is empowered to
administer oaths and affirmations, subpena witnesses, compel
their attendance, take evidence, and require the production of
any books, papers, correspondence, memorandums, or other
records which the [Director] Board deems relevant or material
to the inquiry. Such attendance of witnesses and the production
of any such records may be required from any place in the
United States or any State at any designated place of hearing.
(d) Contempt; court order requiring attendance and testimony of
witnesses; jurisdiction
In case of contumacy by, or refusal to obey a subpena
issued to, any person, the [Director] Board may invoke the aid
of any court of the United States within the jurisdiction of
which such investigation or proceeding is carried on, or where
such person resides or carries on business, in requiring the
attendance and testimony of witnesses and the production of
books, papers, correspondence, memorandums, and other records
and documents. And such court may issue an order requiring such
person to appear before the [Director] Board or any officer
designated by the [Director] Board, there to produce records,
if so ordered, or to give testimony touching the matter under
investigation or in question; and any failure to obey such
order of the court may be punished by such court as a contempt
thereof. All process in any such case may be served in the
judicial district whereof such person is an inhabitant or
wherever he may be found.
* * * * * * *
Sec. 1715. Administration
(a) Delegation of functions, duties, and powers; scope of
delegations; appointment, etc., of delegates; right
of appeal
The authority and responsibility for administering this
chapter shall be in the [Director] Board [of the Bureau of
Consumer Financial Protection] who may delegate any of [his
functions, duties, and powers] the functions, duties, and
powers of the Board to employees of the Bureau of Consumer
Financial Protection or to boards of such employees, including
functions, duties, and powers with respect to investigating,
hearing, determining, ordering, or otherwise acting as to any
work, business, or matter under this chapter. The persons to
whom such delegations are made with respect to hearing
functions, duties, and powers shall be appointed and shall
serve in the Bureau in compliance with sections 3105, 3344,
5372, and 7521 of title 5. The [Director] Board shall by rule
prescribe such rights of appeal from the decisions of [his
administrative law judges] the administrative law judges of the
Bureau of Consumer Financial Protection to other administrative
law judges or to other officers in the Bureau, to boards of
officers or to [himself] the Board, as shall be appropriate and
in accordance with law.
* * * * * * *
(c) Procedures applicable
The [Director] Board shall conduct all actions with respect
to rulemaking or adjudication under this chapter in accordance
with the provisions of chapter 5 of title 5. Notice shall be
given of any adverse action or final disposition and such
notice and the entry of any order shall be accompanied by a
written statement of supporting facts and legal authority.
* * * * * * *
Sec. 1716. Unlawful representations
The fact that a statement of record with respect to a
subdivision has been filed or is in effect shall not be deemed
a finding by the [Director] Board that the statement of record
is true and accurate on its face, or be held to mean the
[Director] Board has in any way passed upon the merits of, or
given approval to, such subdivision. It shall be unlawful to
make, or cause to be made, to any prospective purchaser any
representation contrary to the foregoing.
* * * * * * *
Sec. 1717a. Civil money penalties
(a) In general
(1) Authority
Whenever any person knowingly and materially violates any
of the provisions of this chapter or any rule, regulation, or
order issued under this chapter, the [Director] Board may
impose a civil money penalty on such person in accordance with
the provisions of this section. The penalty shall be in
addition to any other available civil remedy or any available
criminal penalty, and may be imposed whether or not the
[Director] Board imposes other administrative sanctions.
(2) Amount of penalty
The amount of the penalty, as determined by the [Director]
Board, may not exceed $1,000 for each violation, except that
the maximum penalty for all violations by a particular person
during any 1-year period shall not exceed $1,000,000. Each
violation of this chapter, or any rule, regulation, or order
issued under this chapter, shall constitute a separate
violation with respect to each sale or lease or offer to sell
or lease. In the case of a continuing violation, as determined
by the [Director] Board, each day shall constitute a separate
violation.
(b) Agency procedures
(1) Establishment
The [Director] Board shall establish standards and
procedures governing the imposition of civil money penalties
under subsection (a) of this section. The standards and
procedures--
(A) * * *
(B) may provide for review by the [Director] Board
of any determination or order, or interlocutory ruling,
arising from a hearing.
(2) Final orders
If no hearing is requested within 15 days of receipt of the
notice of opportunity for hearing, the imposition of the
penalty shall constitute a final and unappealable
determination. If the [Director] Board reviews the
determination or order, the [Director] Board may affirm,
modify, or reverse that determination or order. If the
[Director] Board does not review the determination or order
within 90 days of the issuance of the determination or order,
the determination or order shall be final.
(3) Factors in determining amount of penalty
In determining the amount of a penalty under subsection (a)
of this section, consideration shall be given to such factors
as the gravity of the offense, any history of prior offenses
(including offenses occurring before December 15, 1989),
ability to pay the penalty, injury to the public, benefits
received, deterrence of future violations, and such other
factors as the [Director] Board may determine in regulations to
be appropriate.
(4) Reviewability of imposition of penalty
[The Secretary's determination or order] A determination or
order of the Board imposing a penalty under subsection (a) of
this section shall not be subject to review, except as provided
in subsection (c) of this section.
(c) Judicial review of agency determination
(1) In general
After exhausting all administrative remedies established by
the [Director] Board under subsection (b)(1) of this section, a
person aggrieved by a final order of the [Director] Board
assessing a penalty under this section may seek judicial review
pursuant to section 1710 of this title.
(2) Order to pay penalty
Notwithstanding any other provision of law, in any such
review, the court shall have the power to order payment of the
penalty imposed by the [Director] Board.
(d) Action to collect penalty
If any person fails to comply with the determination or
order of the [Director] Board imposing a civil money penalty
under subsection (a) of this section, after the determination
or order is no longer subject to review as provided by
subsections (b) and (c) of this section, the [Director] Board
may request the Attorney General of the United States to bring
an action in any appropriate United States district court to
obtain a monetary judgment against the person and such other
relief as may be available. The monetary judgment may, in the
discretion of the court, include any attorneys fees and other
expenses incurred by the United States in connection with the
action. In an action under this subsection, the validity and
appropriateness of [the Secretary's determination or order] a
determination or order of the Board imposing the penalty shall
not be subject to review.
(e) Settlement by Director
The [Director] Board may compromise, modify, or remit any
civil money penalty which may be, or has been, imposed under
this section.
* * * * * * *
(g) Regulations
The [Director] Board shall issue such regulations as the
[Director] Board deems appropriate to implement this section.
(h) Use of penalties for administration
Civil money penalties collected under this section shall be
paid to the [Director] Board and, upon approval in an
appropriation Act, may be used by the [Director] Board to cover
all or part of the cost of rendering services under this
chapter.
* * * * * * *
Sec. 1718. Rules, regulations, and orders
The [Director] Board shall have authority from time to time
to make, issue, amend, and rescind such rules and regulations
and such orders as are necessary or appropriate to the exercise
of the functions and powers conferred upon [him] the Board
elsewhere in this chapter. For the purpose of [his rules and
regulations] the rules and regulations of the Board, the
[Director] Board may classify persons and matters within [his
jurisdiction] the jurisdiction of the Bureau of Consumer
Financial Protection and prescribe different requirements for
different classes of persons or matters.
* * * * * * *
Sec. 1719. Jurisdiction of offenses and suits
The district courts of the United States, the United States
courts of any territory, and the United States District Court
for the District of Columbia shall have jurisdiction of
offenses and violations under this chapter and under the rules
and regulations prescribed by the [Director] Board pursuant
thereto, and concurrent with State courts, of all suits in
equity and actions at law brought to enforce any liability or
duty created by this chapter. Any such suit or action may be
brought to enforce any liability or duty created by this
chapter. Any such suit or action may be brought in the district
wherein the defendant is found or is an inhabitant or transacts
business, or in the district where the offer or sale took
place, if the defendant participated therein, and process in
such cases may be served in any other district of which the
defendant is an inhabitant or wherever the defendant may be
found. Judgments and decrees so rendered shall be subject to
review as provided in sections 1254 and 1291 of title 28. No
case arising under this chapter and brought in any State court
of competent jurisdiction shall be removed to any court of the
United States, except where the United States or any officer or
employee of the United States in his official capacity is a
party. No costs shall be assessed for or against the [Director]
Board or any member of the Board in any proceeding under this
chapter brought by or against [him] the Board or any member of
the Board in the Supreme Court or such other courts.
------
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
Chapter 69--Cuban Democracy
Sec. 6005. Sanctions
(a) Prohibition on certain transactions between certain United
States firms and Cuba
* * * * * * *
(b) Prohibitions on vessels
[(1) Vessels engaging in trade
[Beginning on the 61st day after October 23, 1992, a vessel
which enters a port or place in Cuba to engage in the trade of
goods or services may not, within 180 days after departure from
such port or place in Cuba, load or unload any freight at any
place in the United States, except pursuant to a license issued
by the Secretary of the Treasury.]
[(2)] (1) Vessels carrying goods or passengers to or from
Cuba
Except as specifically authorized by the Secretary of the
Treasury, a vessel carrying goods or passengers to or from Cuba
or carrying goods in which Cuba or a Cuban national has any
interest may not enter a United States port.
[(3)] (2) Inapplicability of ship stores general license
No commodities which may be exported under a general
license described in section 771.9 of title 15, Code of Federal
Regulations, as in effect on May 1, 1992, may be exported under
a general license to any vessel carrying goods or passengers to
or from Cuba or carrying goods in which Cuba or a Cuban
national has an interest.
[(4)] (3) Definitions
As used in this subsection--
(A) the term ``vessel'' includes every description
of water craft or other contrivance used, or capable of
being used, as a means of transportation in water, but
does not include aircraft;
(B) the term ``United States'' includes the
territories and possessions of the United States and
the customs waters of the United States (as defined in
section 1401 of title 19; and
(C) the term ``Cuban national'' means a national of
Cuba, as the term ``national'' is defined in section
515.302 of title 31, Code of Federal Regulations, as of
August 1, 1992.
* * * * * * *
Chapter 79--Trade Sanctions Reform And Export Enhancement
Sec. 7207. Prohibition on United States assistance [and financing]
(a) [Prohibition on United States assistance
[(1) In general
[Notwithstanding] In General.--Notwithstanding any other
provision of law, no United States Government assistance,
including United States foreign assistance, United States
export assistance, and any United States credit or guarantees
shall be available for exports to Cuba or for commercial
exports to Iran, Libya, North Korea, or Sudan.
[(2)] (b) Rule of construction
Nothing in [paragraph (1)] subsection (a) shall be
construed to alter, modify, or otherwise affect the provisions
of section 6039 of this title or any other provision of law
relating to Cuba in effect on the day before October 28, 2000.
[(3)] (c) Waiver
The President may waive the application of [paragraph (1)]
subsection (a) with respect to Iran, Libya, North Korea, and
Sudan to the degree the President determines that it is in the
national security interest of the United States to do so, or
for humanitarian reasons.
[(b) Prohibition on financing of agricultural sales to Cuba
[(1) In general
[No United States person may provide payment or financing
terms for sales of agricultural commodities or products to Cuba
or any person in Cuba, except in accordance with the following
terms (notwithstanding part 515 of title 31, Code of Federal
Regulations, or any other provision of law):
[(A) Payment of cash in advance.
[(B) Financing by third country financial
institutions (excluding United States persons or
Government of Cuba entities), except that such
financing may be confirmed or advised by a United
States financial institution.
[Nothing in this paragraph authorizes payment terms or trade
financing involving a debit or credit to an account of a person
located in Cuba or of the Government of Cuba maintained on the
books of a United States depository institution.
[(2) Penalties
[Any private person or entity that violates paragraph (1)
shall be subject to the penalties provided in the Trading With
the Enemy Act for violations under that Act.
[(3) Administration and enforcement
[The President shall issue such regulations as are
necessary to carry out this section, except that the President,
in lieu of issuing new regulations, may apply any regulations
in effect on October 28, 2000, pursuant to the Trading With the
Enemy Act, with respect to the conduct prohibited in paragraph
(1).
[(4) Definitions
[In this subsection--
[(A) the term ``financing'' includes any loan or
extension of credit;
[(B) the term ``United States depository
institution'' means any entity (including its foreign
branches or subsidiaries) organized under the laws of
any jurisdiction within the United States, or any
agency, office or branch located in the United States
of a foreign entity, that is engaged primarily in the
business of banking (including a bank, savings bank,
savings association, credit union, trust company, or
United States bank holding company); and
[(C) the term ``United States person'' means the
Federal Government, any State or local government, or
any private person or entity of the United States.]
------
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
Chapter 229--Postsentence Administration
Subchapter A--Probation
Sec. 3602. Appointment of probation officers
(a) Appointment.--A district court of the United States
shall appoint qualified persons to serve, with or without
compensation, as probation officers within the jurisdiction and
under the direction of the court making the appointment. A
person appointed as a probation officer in one district may
serve in another district with the consent of the appointing
court and the court in the other district. The appointing court
may, for cause, remove a probation officer appointed to serve
with compensation, and may, in its discretion, remove a
probation officer appointed to serve without compensation.
------
TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
SUBTITLE II--PUBLIC BUILDINGS AND WORKS
Part A--General
Chapter 33--Acquisition, Construction, and Alteration
Sec. 3314. Delegation
(a) When Allowed.--The carrying out of the duties and
powers of the Administrator of General Services under this
chapter, in accordance with standards the Administrator
prescribes--
(1) shall, except for the authority contained in
section 3305(b) of this title, be delegated on request
to the appropriate [executive] Federal agency when the
estimated cost of the project does not exceed $100,000;
and
(2) may be delegated to the appropriate [executive]
Federal agency when the Administrator determines that
delegation will promote efficiency and economy.
------
TITLE 44--PUBLIC PRINTING AND DOCUMENTS
Chapter 35--Coordination of Federal Information Policy
Subchapter I--Federal Information Policy
Sec. 3513. Director review of agency activities; reporting; agency
response
(a) * * *
(c) Comparable Treatment.--Notwithstanding any other
provision of law, the Director shall treat or review a rule or
order prescribed or proposed by the [Director of the Bureau]
Board of Directors of the Bureau of Consumer Financial
Protection on the same terms and conditions as apply to any
rule or order prescribed or proposed by the Board of Governors
of the Federal Reserve System.
------
TITLE 52--VOTING AND ELECTIONS
SUBTITLE III--FEDERAL CAMPAIGN FINANCE
Chapter 301--Federal Election Campaigns
Subchapter I--Disclosure of Federal Campaign Funds
Sec. 30101. Definitions
When used in this Act:
(1) * * *
* * * * * * *
(8)(A) The term ``contribution'' includes--
(i) any gift, subscription, loan, advance,
or deposit of money or anything of value made
by any person for the purpose of influencing
any election for Federal office; [or]
(ii) the payment by any person of
compensation for the personal services of
another person which are rendered to a
political committee without charge for any
purpose[.] ; or
(iii) any payment by a political committee
of a political party for the direct costs of a
public communication (as defined in paragraph
(22)) made on behalf of a candidate for Federal
office who is affiliated with such party, but
only if the communication is controlled by, or
made at the direction of, the candidate or an
authorized committee of the candidate.
* * * * * * *
Sec. 30102. Organization of political committees
(a) Treasurer; vacancy; official authorizations
* * * * * * *
[(g) Filing with and receipt of designations, statements, and
reports by Secretary of Senate; forwarding to
Commission; filing requirements with Commission;
public inspection and preservation of designations,
etc.
[(1) Designations, statements, and reports required to be
filed under this Act by a candidate for the office of Senator,
by the principal campaign committee of such candidate, and by
the Republican and Democratic Senatorial Campaign Committees
shall be filed with the Secretary of the Senate, who shall
receive such designations, statements, and reports, as
custodian for the Commission.
[(2) The Secretary of the Senate shall forward a copy of
any designation, statement, or report filed with the Secretary
under this subsection to the Commission as soon as possible
(but no later than 2 working days) after receiving such
designation, statement, or report.
[(3) All designations, statements, and reports required to
be filed under this Act, except designations, statements, and
reports filed in accordance with paragraph (1), shall be filed
with the Commission.
[(4) The Secretary of the Senate shall make the
designations, statements, and reports received under this
subsection available for public inspection and copying in the
same manner as the Commission under section 30111(a)(4) of this
title, and shall preserve such designations, statements, and
reports in the same manner as the Commission under section
30111(a)(5) of this title.]
(g) Filing With the Commission.--All designations,
statements, and reports required to be filed under this Act
shall be filed with the Commission.
* * * * * * *
Sec. 30116. Limitations on contributions and expenditures
(a) Dollar limits on contributions
* * * * * * *
(d) Expenditures by national committee, State committee, or
subordinate committee of State committee in
connection with general election campaign of
candidates for Federal office
(1) Notwithstanding any other provision of law with
respect to limitations on expenditures or limitations
on contributions, the national committee of a political
party and a State committee of a political party,
including any subordinate committee of a State
committee, may make expenditures in connection with the
general election campaign of candidates for Federal
office, subject to the limitations contained in
[paragraphs (2), (3), and (4)] paragraphs (2) and (3)
of this subsection.
* * * * * * *
[(4) Independent versus coordinated expenditures by
party.--
[(A) In general.--On or after the date on
which a political party nominates a candidate,
no committee of the political party may make--
[(i) any coordinated expenditure
under this subsection with respect to
the candidate during the election cycle
at any time after it makes any
independent expenditure (as defined in
section 30101(17) of this title) with
respect to the candidate during the
election cycle; or
[(ii) any independent expenditure
(as defined in section 30101(17) of
this title) with respect to the
candidate during the election cycle at
any time after it makes any coordinated
expenditure under this subsection with
respect to the candidate during the
election cycle.]
(4) Special rule for direct costs of
communications.--The direct costs incurred by a
political committee of a political party for a
communication made in connection with the campaign of a
candidate for Federal office shall not be subject to
the limitations contained in paragraphs (2) and (3)
unless the communication is controlled by, or made at
the direction of, the candidate or an authorized
committee of the candidate.
------
COMPETITIVE EQUALITY BANKING ACT OF 1987,
PUBLIC LAW 100-86
TITLE VI--EXPEDITED FUNDS AVAILABILITY
SEC. 603. EXPEDITED FUNDS AVAILABILITY SCHEDULES.
(a) Next Business Day Availability for Certain Deposits.--
* * * * * * *
(d) Time Period Adjustments.--
(1) Reduction generally.--Notwithstanding any other
provision of law, the Board, jointly with the [Director
of the Bureau] Board of Directors of the Bureau of
Consumer Financial Protection, shall, by regulation,
reduce the time periods established under subsections
(b), (c), and (e) of this section to as short a time as
possible and equal to the period of time achievable
under the improved check clearing system for a
receiving depository institution to reasonably expect
to learn of the nonpayment of most items for each
category of checks.
* * * * * * *
SEC. 604. SAFEGUARD EXCEPTIONS.
(a) New Accounts.--Notwithstanding section 4002 of this
title, in the case of any account established at a depository
institution by a new depositor, the following provisions shall
apply with respect to any deposit in such account during the
30-day period (or such shorter period as the Board, jointly
with the [Director of the Bureau] Board of Directors of the
Bureau of Consumer Financial Protection, may establish)
beginning on the date such account is established--
* * * * * * *
(b) Large or Redeposited Checks; Repeated Overdrafts.--The
Board, jointly with the [Director of the Bureau] Board of
Directors of the Bureau of Consumer Financial Protection, may,
by regulation, establish reasonable exceptions to any time
limitation established under subsection (a)(2), (b), (c), or
(e) of section 4002 of this title for--
* * * * * * *
(c) Reasonable Cause Exception.--
(1) In general.--In accordance with regulations
which the Board, jointly with the [Director of the
Bureau] Board of Directors of the Bureau of Consumer
Financial Protection, shall prescribe, subsections
(a)(2), (b), (c), and (e) of section 4002 of this title
shall not apply with respect to any check deposited in
an account at a depository institution if the receiving
depository institution has reasonable cause to believe
that the check is uncollectible from the originating
depository institution. For purposes of the preceding
sentence, reasonable cause to believe requires the
existence of facts which would cause a well-grounded
belief in the mind of a reasonable person. Such reasons
shall be included in the notice required under
subsection (f) of this section.
* * * * * * *
(d) Emergency Conditions.--Subject to such regulations as
the Board, jointly with the [Director of the Bureau] Board of
Directors of the Bureau of Consumer Financial Protection, may
prescribe, subsections (a)(2), (b), (c), and (e) of section
4002 of this title shall not apply to funds deposited by check
in any receiving depository institution in the case of--
* * * * * * *
(e) Prevention of Fraud Losses.--
(1) In general.--The Board, jointly with the
[Director of the Bureau] Board of Directors of the
Bureau of Consumer Financial Protection, may, by
regulation or order, suspend the applicability of this
chapter, or any portion thereof, to any classification
of checks if the Board, jointly with the [Director of
the Bureau] Board of Directors of the Bureau of
Consumer Financial Protection, determines that--
* * * * * * *
(3) Report to congress.--
(A) Notice of each suspension.--Within 10
days of prescribing any regulation or issuing
any order under paragraph (1), the Board,
jointly with the [Director of the Bureau] Board
of Directors of the Bureau of Consumer
Financial Protection, shall transmit a report
of such action to the Committee on Banking,
Finance and Urban Affairs of the House of
Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate.
(B) Contents of report.--* * *
* * * * * * *
(ii) evidence considered by the
Board, jointly with the [Director of
the Bureau] Board of Directors of the
Bureau of Consumer Financial
Protection, in making the determination
under paragraph (1) with respect to
such regulation or order; and
* * * * * * *
(f) Notice of Exception; Availability Within Reasonable
Time.--
(1) In general.--* * *
(A) * * *
* * * * * * *
(B) except where other time periods are
specifically provided in this chapter, the
availability of the funds deposited shall be
governed by the policy of the receiving
depository institution, but shall not exceed a
reasonable period of time as determined by the
Board, jointly with the [Director of the
Bureau] Board of Directors of the Bureau of
Consumer Financial Protection.
(2) Time for notice.--* * *
(A) * * *
* * * * * * *
(C) In the case of a deposit to which
subsection (d) or (e) of this section applies,
notice shall be provided by the depository
institution in accordance with regulations of
the Board, jointly with the [Director of the
Bureau] Board of Directors of the Bureau of
Consumer Financial Protection.
* * * * * * *
SEC. 605. DISCLOSURE OF FUNDS AVAILABILITY POLICIES.
(a) Notice for New Accounts.--* * *
(b) Preprinted Deposit Slips.--All preprinted deposit slips
that a depository institution furnishes to its customers shall
contain a summary notice, as prescribed by the Board, jointly
with the [Director of the Bureau] Board of Directors of the
Bureau of Consumer Financial Protection, in regulations, that
deposited items may not be available for immediate withdrawal.
* * * * * * *
(d) Posting of Notice.--
(1) Specific notice at manned teller stations.--* *
*
(2) General notice at automated teller machines.--
In the case of any automated teller machine at which
any funds are received for deposit in an account at any
depository institution, the Board, jointly with the
[Director of the Bureau] Board of Directors of the
Bureau of Consumer Financial Protection, shall
prescribe, by regulations, that the owner or operator
of such automated teller machine shall post or provide
a general notice that funds deposited in such machine
may not be immediately available for withdrawal.
* * * * * * *
(f) Model Disclosure Forms.--
(1) Prepared by board and bureau.--The Board,
jointly with the [Director of the Bureau] Board of
Directors of the Bureau of Consumer Financial
Protection, shall publish model disclosure forms and
clauses for common transactions to facilitate
compliance with the disclosure requirements of this
section and to aid customers by utilizing readily
understandable language.
(2) Use of forms to achieve compliance.--* * *
(A) uses any appropriate model form or
clause as published by the Board, jointly with
the [Director of the Bureau] Board of Directors
of the Bureau of Consumer Financial
Protection,, or
* * * * * * *
(3) Voluntary use.--Nothing in this chapter
requires the use of any such model form or clause
prescribed by the Board, jointly with the [Director of
the Bureau] Board of Directors of the Bureau of
Consumer Financial Protection, under this subsection.
(4) Notice and comment.--Model disclosure forms and
clauses shall be adopted by the Board, jointly with the
[Director of the Bureau] Board of Directors of the
Bureau of Consumer Financial Protection, only after
notice duly given in the Federal Register and an
opportunity for public comment in accordance with
section 553 of title 5.
* * * * * * *
SEC. 609. REGULATIONS AND REPORTS BY BOARD.
(a) In General.--After notice and opportunity to submit
comment in accordance with section 553(c) of title 5, the
Board, jointly with the [Director of the Bureau] Board of
Directors of the Bureau of Consumer Financial Protection, shall
prescribe regulations--
* * * * * * *
(e) Consultations.--In prescribing regulations under
subsections (a) and (b), the Board and the [Director of the
Bureau] Board of Directors of the Bureau of Consumer Financial
Protection, in the case of subsection (a), and the Board, in
the case of subsection (b), shall consult with the Comptroller
of the Currency, the Board of Directors of the Federal Deposit
Insurance Corporation, and the National Credit Union
Administration Board.
------
JUDICIAL IMPROVEMENTS ACT OF 1990,
PUBLIC LAW 101-650
SEC. 203. APPOINTMENT AND NUMBER OF DISTRICT JUDGES.
(a) In General.--* * *
* * * * * * *
(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;
* * * * * * *
(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 [24 years and 6 months] 25
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 21
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.
------
DISTRICT OF COLUMBIA COLLEGE ACCESS ACT OF 1999, PUBLIC LAW 106-98
SEC. 3. PUBLIC SCHOOL PROGRAM.
(a) Grants.--
* * * * * * *
(c) Definitions.--* * *
(1) Eligible institution.--* * *
* * * * * * *
(2) Eligible student.--* * *
(A) * * *
* * * * * * *
(G)(i) for individuals who began an
undergraduate course of study prior to school
year 2015-2016, is from a family with a taxable
annual income of less than $1,000,000 and (ii)
for individuals who begin an undergraduate
course of study in or after school year 2016-
2017, is from a family with a taxable annual
income of less than $450,000. Beginning with
school year 2017-2018, the Mayor shall adjust
the amounts in clauses (i) and (ii) for
inflation, as measured by the percentage
increase, if any, from the preceding fiscal
year in the Consumer Price Index for All Urban
Consumers, published by the Bureau of Labor
Statistics of the Department of Labor.
------
21ST CENTURY DEPARTMENT OF JUSTICE APPROPRIATIONS AUTHORIZATON ACT,
PUBLIC LAW 107-273
SEC. 312. ADDITIONAL FEDERAL JUDGESHIPS.
(a) Permanent District Judges for the District Courts.--
* * * * * * *
(c) Temporary Judgeships.--
(1) In general.* * *
* * * * * * *
(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 [13
years] 14 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 [12 years and 6 months] 13 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 [11 years] 12 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.
------
FAIR AND ACCURATE CREDIT TRANSACTIONSACT OF 2003, PUBLIC LAW 108-159
TITLE V--FINANCIAL LITERACY AND EDUCATION IMPROVEMENT
SEC. 513. ESTABLISHMENT OF FINANCIAL LITERACY AND EDUCATION COMMISSION.
(a) In General.--* * *
* * * * * * *
(c) Membership.--
(1) Composition.--The Commission shall be composed
of--
(A) * * *
* * * * * * *
(C) the [Director] Chairperson of the Board
of Directors of the Bureau of Consumer
Financial Protection; and
* * * * * * *
(d) Chairperson.--The Secretary of the Treasury shall serve
as the Chairperson. The [Director] Chairperson of the Board of
Directors of the Bureau of Consumer Financial Protection shall
serve as the Vice Chairman.
------
UNIVERSAL SERVICE ANTIDEFICIENCY TEMPORARY SUSPENSION ACT, PUBLIC LAW
108-494
TITLE III--UNIVERSAL SERVICE
SEC. 302. APPLICATION OF CERTAIN TITLE 31 PROVISIONS TO UNIVERSAL
SERVICE FUND.
(a) In General.--During the period beginning on the date of
enactment of this Act and ending on [December 31, 2016]
December 31, 2017, section 1341 and subchapter II of chapter 15
of title 31, United States Code, do not apply--
* * * * * * *
(b) Post-2005 Fulfillment of Protected Obligations.--
Section 1341 and subchapter II of chapter 15 of title 31,
United States Code, do not apply after [December 31, 2016]
December 31, 2017, to an expenditure or obligation described in
subsection (a)(2) made or authorized during the period
described in subsection (a).
------
TRANSPORTATION, TREASURY, HOUSING AND URBAN DEVELOPMENT, THE JUDICIARY,
THE DISTRICT OF COLUMBIA, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT,
2006, PUBLIC LAW 109-115
TITLE IV
THE JUDICIARY
Administrative Provisions--The Judiciary
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 [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
by section 203(c) shall not be filled.
------
HOUSING AND ECONOMIC RECOVERY ACTOF 2008, PUBLIC LAW 110-289
TITLE V--S.A.F.E. MORTGAGE LICENSING ACT
SEC. 1503. DEFINITIONS.
For purposes of this chapter, the following definitions
shall apply:
(1) Bureau.--* * *
* * * * * * *
(6) Nationwide mortgage licensing system and
registry.--The term ``Nationwide Mortgage Licensing
System and Registry'' means a mortgage licensing system
developed and maintained by the Conference of State
Bank Supervisors and the American Association of
Residential Mortgage Regulators for the State licensing
and registration of State-licensed loan originators and
the registration of registered loan originators or any
system established by the [Director] Board under
section 5108 of this title.
* * * * * * *
(10) [Director] Board.--The term [``Director''
means the Director] ``Board'' means the Board of
Directors of the Bureau of Consumer Financial
Protection.
* * * * * * *
(12) State-licensed loan originator.--The term
``State-licensed loan originator'' means any individual
who--
(A) * * *
* * * * * * *
(C) is licensed by a State or by the
[Director] Board under section 5107 of this
title and registered as a loan originator with,
and maintains a unique identifier through, the
Nationwide Mortgage Licensing System and
Registry.
* * * * * * *
SEC. 1508. BUREAU OF CONSUMER FINANCIAL PROTECTION BACKUP AUTHORITY TO
ESTABLISH LOAN ORIGINATOR LICENSING SYSTEM.
(a) Backup Licensing System.--If, by the end of the 1-year
period, or the 2-year period in the case of a State whose
legislature meets only biennially, beginning on July 30, 2008,
or at any time thereafter, the [Director] Board determines that
a State does not have in place by law or regulation a system
for licensing and registering loan originators that meets the
requirements of sections 5104 and 5105 of this title and
subsection (d) of this section, or does not participate in the
Nationwide Mortgage Licensing System and Registry, the
[Director] Board shall provide for the establishment and
maintenance of a system for the licensing and registration by
the [Director] Board of loan originators operating in such
State as State-licensed loan originators.
(b) Licensing and Registration Requirements.--The system
established by the [Director] Board under subsection (a) for
any State shall meet the requirements of sections 5104 and 5105
of this title for State-licensed loan originators.
(c) Unique Identifier.--The [Director] Board shall
coordinate with the Nationwide Mortgage Licensing System and
Registry to establish protocols for assigning a unique
identifier to each loan originator licensed by the [Director]
Board as a State-licensed loan originator that will facilitate
electronic tracking and uniform identification of, and public
access to, the employment history of and the publicly
adjudicated disciplinary and enforcement actions against loan
originators.
(d) State Licensing Law Requirements.--For purposes of this
section, the law in effect in a State meets the requirements of
this subsection if the [Director] Board determines the law
satisfies the following minimum requirements:
* * * * * * *
(e) Temporary Extension of Period.--The [Director] Board
may extend, by not more than 24 months, the 1-year or 2-year
period, as the case may be, referred to in subsection (a) for
the licensing of loan originators in any State under a State
licensing law that meets the requirements of sections 5104 and
5105 of this title and subsection (d) if the [Director] Board
determines that such State is making a good faith effort to
establish a State licensing law that meets such requirements,
license mortgage originators under such law, and register such
originators with the Nationwide Mortgage Licensing System and
Registry.
* * * * * * *
SEC. 1509. BACKUP AUTHORITY TO ESTABLISH A NATIONWIDE MORTGAGE
LICENSING AND REGISTRY SYSTEM.
If at any time the [Director] Board determines that the
Nationwide Mortgage Licensing System and Registry is failing to
meet the requirements and purposes of this chapter for a
comprehensive licensing, supervisory, and tracking system for
loan originators, the [Director] Board shall establish and
maintain such a system to carry out the purposes of this
chapter and the effective registration and regulation of loan
originators.
* * * * * * *
SEC. 1512. CONFIDENTIALITY OF INFORMATION.
(a) System Confidentiality.--Except as otherwise provided
in this section, any requirement under Federal or State law
regarding the privacy or confidentiality of any information or
material provided to the Nationwide Mortgage Licensing System
and Registry or a system established by the [Director] Board
under section 5108 of this title, and any privilege arising
under Federal or State law (including the rules of any Federal
or State court) with respect to such information or material,
shall continue to apply to such information or material after
the information or material has been disclosed to the system.
Such information and material may be shared with all State and
Federal regulatory officials with mortgage industry oversight
authority without the loss of privilege or the loss of
confidentiality protections provided by Federal and State laws.
(b) Nonapplicability of Certain Requirements.--* * *
(1) * * *
(2) subpoena or discovery, or admission into
evidence, in any private civil action or administrative
process, unless with respect to any privilege held by
the Nationwide Mortgage Licensing System and Registry
or the [Director] Board with respect to such
information or material, the person to whom such
information or material pertains waives, in whole or in
part, in the discretion of such person, that privilege.
* * * * * * *
SEC. 1513. LIABILITY PROVISIONS.
The Bureau, any State official or agency, or any
organization serving as the administrator of the Nationwide
Mortgage Licensing System and Registry or a system established
by the [Director] Board under section 5108 of this title, or
any officer or employee of any such entity, shall not be
subject to any civil action or proceeding for monetary damages
by reason of the good faith action or omission of any officer
or employee of any such entity, while acting within the scope
of office or employment, relating to the collection,
furnishing, or dissemination of information concerning persons
who are loan originators or are applying for licensing or
registration as loan originators.
SEC. 1514. ENFORCEMENT BY THE BUREAU.
(a) Summons Authority.--The [Director] Board may--
(1) examine any books, papers, records, or other
data of any loan originator operating in any State
which is subject to a licensing system established by
the [Director] Board under section 5107 of this title;
and
(2) summon any loan originator referred to in
paragraph (1) or any person having possession, custody,
or care of the reports and records relating to such
loan originator, to appear before the [Director] Board
or any delegate of the [Director] Board at a time and
place named in the summons and to produce such books,
papers, records, or other data, and to give testimony,
under oath, as may be relevant or material to an
investigation of such loan originator for compliance
with the requirements of this chapter.
(b) Examination Authority.--
(1) In general.--If the [Director] Board
establishes a licensing system under section 5107 of
this title for any State, the [Director] Board shall
appoint examiners for the purposes of administering
such section.
(2) Power to examine.--Any examiner appointed under
paragraph (1) shall have power, on behalf of the
[Director] Board, to make any examination of any loan
originator operating in any State which is subject to a
licensing system established by the [Director] Board
under section 5107 of this title whenever the
[Director] Board determines an examination of any loan
originator is necessary to determine the compliance by
the originator with this chapter.
(3) Report of examination.--Each examiner appointed
under paragraph (1) shall make a full and detailed
report of examination of any loan originator examined
to the [Director] Board.
(4) Administration of oaths and affirmations;
evidence.--In connection with examinations of loan
originators operating in any State which is subject to
a licensing system established by the [Director] Board
under section 5107 of this title, or with other types
of investigations to determine compliance with
applicable law and regulations, the [Director] Board
and examiners appointed by the [Director] Board may
administer oaths and affirmations and examine and take
and preserve testimony under oath as to any matter in
respect to the affairs of any such loan originator.
(5) Assessments.--The cost of conducting any
examination of any loan originator operating in any
State which is subject to a licensing system
established by the [Director] Board under section 5107
of this title shall be assessed by the [Director] Board
against the loan originator to meet the [Secretary's
expenses] expenses of the Board in carrying out such
examination.
(c) Cease and Desist Proceeding.--
(1) Authority of [director] board.--If the
[Director] Board finds, after notice and opportunity
for hearing, that any person is violating, has
violated, or is about to violate any provision of this
chapter, or any regulation thereunder, with respect to
a State which is subject to a licensing system
established by the [Director] Board under section 5107
of this title, the [Director] Board may publish such
findings and enter an order requiring such person, and
any other person that is, was, or would be a cause of
the violation, due to an act or omission the person
knew or should have known would contribute to such
violation, to cease and desist from committing or
causing such violation and any future violation of the
same provision, rule, or regulation. Such order may, in
addition to requiring a person to cease and desist from
committing or causing a violation, require such person
to comply, or to take steps to effect compliance, with
such provision or regulation, upon such terms and
conditions and within such time as the [Director] Board
may specify in such order. Any such order may, as the
[Director] Board deems appropriate, require future
compliance or steps to effect future compliance, either
permanently or for such period of time as the
[Director] Board may specify, with such provision or
regulation with respect to any loan originator.
(2) Hearing.--The notice instituting proceedings
pursuant to paragraph (1) shall fix a hearing date not
earlier than 30 days nor later than 60 days after
service of the notice unless an earlier or a later date
is set by the [Director] Board with the consent of any
respondent so served.
(3) Temporary order.--Whenever the [Director] Board
determines that the alleged violation or threatened
violation specified in the notice instituting
proceedings pursuant to paragraph (1), or the
continuation thereof, is likely to result in
significant dissipation or conversion of assets,
significant harm to consumers, or substantial harm to
the public interest prior to the completion of the
proceedings, the [Director] Board may enter a temporary
order requiring the respondent to cease and desist from
the violation or threatened violation and to take such
action to prevent the violation or threatened violation
and to prevent dissipation or conversion of assets,
significant harm to consumers, or substantial harm to
the public interest as the [Director] Board deems
appropriate pending completion of such proceedings.
Such an order shall be entered only after notice and
opportunity for a hearing, unless the [Director] Board
determines that notice and hearing prior to entry would
be impracticable or contrary to the public interest. A
temporary order shall become effective upon service
upon the respondent and, unless set aside, limited, or
suspended by the [Director] Board or a court of
competent jurisdiction, shall remain effective and
enforceable pending the completion of the proceedings.
(4) Review of temporary orders.--
(A) Review by [director] board.--At any
time after the respondent has been served with
a temporary cease and desist order pursuant to
paragraph (3), the respondent may apply to the
[Director] Board to have the order set aside,
limited, or suspended. If the respondent has
been served with a temporary cease and desist
order entered without a prior hearing before
the [Director] Board, the respondent may,
within 10 days after the date on which the
order was served, request a hearing on such
application and the [Director] Board shall hold
a hearing and render a decision on such
application at the earliest possible time.
(B) Judicial review.--Within--
(i) 10 days after the date the
respondent was served with a temporary
cease and desist order entered with a
prior hearing before the [Director]
Board; or
(ii) 10 days after the [Director]
Board renders a decision on an
application and hearing under paragraph
(1), with respect to any temporary
cease and desist order entered without
a prior hearing before the [Director]
Board, the respondent may apply to the
United States district court for the
district in which the respondent
resides or has its principal place of
business, or for the District of
Columbia, for an order setting aside,
limiting, or suspending the
effectiveness or enforcement of the
order, and the court shall have
jurisdiction to enter such an order. A
respondent served with a temporary
cease and desist order entered without
a prior hearing before the [Director]
Board may not apply to the court except
after hearing and decision by the
Director on the respondent's
application under subparagraph (A).
(C) No automatic stay of temporary order.--
The commencement of proceedings under
subparagraph (B) shall not, unless specifically
ordered by the court, operate as a stay of the
[Secretary's order] order of the Board.
(5) Authority of the [director] board to prohibit
persons from serving as loan originators.--In any cease
and desist proceeding under paragraph (1), the
[Director] Board may issue an order to prohibit,
conditionally or unconditionally, and permanently or
for such period of time as the [Director] Board shall
determine, any person who has violated this chapter or
regulations thereunder, from acting as a loan
originator if the conduct of that person demonstrates
unfitness to serve as a loan originator.
(d) Authority of the [Director] Board to Assess Money
Penalties.--
(1) In general.--The [Director] Board may impose a
civil penalty on a loan originator operating in any
State which is subject to a licensing system
established by the [Director] Board under section 5107
of this title, if the [Director] Board finds, on the
record after notice and opportunity for hearing, that
such loan originator has violated or failed to comply
with any requirement of this chapter or any regulation
prescribed by the [Director] Board under this chapter
or order issued under subsection (c).
* * * * * * *
SEC. 1516. REPORTS AND RECOMMENDATIONS TO CONGRESS.
(a) Annual Reports.--Not later than 1 year after July 30,
2008, and annually thereafter, the [Director] Board shall
submit a report to Congress on the effectiveness of the
provisions of this chapter, including legislative
recommendations, if any, for strengthening consumer
protections, enhancing examination standards, streamlining
communication between all stakeholders involved in residential
mortgage loan origination and processing, and establishing
performance based bonding requirements for mortgage originators
or institutions that employ such brokers.
(b) Legislative Recommendations.--Not later than 6 months
after July 30, 2008, the [Director] Board shall make
recommendations to Congress on legislative reforms to the Real
Estate Settlement Procedures Act of 1974, that the [Director]
Board deems appropriate to promote more transparent
disclosures, allowing consumers to better shop and compare
mortgage loan terms and settlement costs.
SEC. 1517. STUDY AND REPORTS ON DEFAULTS AND FORECLOSURES.
(a) Study Required.--The [Director] Board shall conduct an
extensive study of the root causes of default and foreclosure
of home loans, using as much empirical data as is available.
(b) Preliminary Report to Congress.--Not later than 6
months after July 30, 2008, the [Director] Board shall submit
to Congress a preliminary report regarding the study required
by this section.
(c) Final Report to Congress.--Not later than 12 months
after July 30, 2008, the [Director] Board shall submit to
Congress a final report regarding the results of the study
required by this section, which shall include any recommended
legislation relating to the study, and recommendations for best
practices and for a process to provide targeted assistance to
populations with the highest risk of potential default or
foreclosure.
------
DODD-FRANK WALL STREET REFORM AND CONSUMER PROTECTION ACT, PUBLIC LAW
111-203
TITLE I--FINANCIAL STABILITY
Subtitle A--Financial Stability Oversight Council
SEC. 111. FINANCIAL STABILITY OVERSIGHT COUNCIL ESTABLISHED.
(a) Establishment.--* * *
(b) Membership.--* * *
(1) Voting members.--* * *
(A) * * *
* * * * * * *
(D) the [Director of the Bureau]
Chairperson of the Board of Directors of the
Bureau;
* * * * * * *
TITLE X--BUREAU OF CONSUMER FINANCIAL PROTECTION
SEC. 1002. DEFINITIONS.
Except as otherwise provided in this title, for purposes of
this title, the following definitions shall apply:
(1) Affiliate.--* * *
* * * * * * *
[(10) Director.--The term ``Director'' means the
Director of the Bureau.]
(10) Board.--The term ``Board'' means the Board of
Directors of the Bureau of Consumer Financial
Protection.
* * * * * * *
(29) Transmitting or exchanging funds.--The term
``transmitting or exchanging funds'' means receiving
currency, monetary value, or payment instruments from a
consumer for the purpose of exchanging or transmitting
the same by any means, including transmission by wire,
facsimile, electronic transfer, courier, the Internet,
or through bill payment services or through other
businesses that facilitate third-party transfers within
the United States or to or from the United States.
(30) Chairperson.--The term ``Chairperson'' means
the Chairperson of the Board of Directors of the Bureau
of Consumer Financial Protection.
Subtitle A--Bureau of Consumer Financial Protection
SEC. 1011. ESTABLISHMENT OF THE BUREAU OF CONSUMER FINANCIAL
PROTECTION.
(a) Bureau Established.--There is established in the
Federal Reserve System, an independent bureau to be known as
the ``Bureau of Consumer Financial Protection'', which shall
regulate the offering and provision of consumer financial
products or services under the Federal consumer financial laws.
The Bureau shall be considered an Executive agency, as defined
in section 105 of title 5. Except as otherwise provided
expressly by law, all Federal laws dealing with public or
Federal contracts, property, works, officers, employees,
budgets, or funds, including the provisions of chapters 5 and 7
of title 5, shall apply to the exercise of the powers of the
Bureau.
[(b) Director and Deputy Director.--
[(1) In general.--There is established the position
of the Director, who shall serve as the head of the
Bureau.
[(2) Appointment.--Subject to paragraph (3), the
Director shall be appointed by the President, by and
with the advice and consent of the Senate.
[(3) Qualification.--The President shall nominate
the Director from among individuals who are citizens of
the United States.
[(4) Compensation.--The Director shall be
compensated at the rate prescribed for level II of the
Executive Schedule under section 5313 of title 5.
[(5) Deputy Director.--There is established the
position of Deputy Director, who shall--
[(A) be appointed by the Director; and
[(B) serve as acting Director in the
absence or unavailability of the Director.]
[(c) Term.--
[(1) In general.--The Director shall serve for a
term of 5 years.
[(2) Expiration of term.--An individual may serve
as Director after the expiration of the term for which
appointed, until a successor has been appointed and
qualified.
[(3) Removal for cause.--The President may remove
the Director for inefficiency, neglect of duty, or
malfeasance in office.]
[(d) Service Restriction.--No Director or Deputy Director
may hold any office, position, or employment in any Federal
reserve bank, Federal home loan bank, covered person, or
service provider during the period of service of such person as
Director or Deputy Director.]
(b) Management of the Bureau.--
(1) In general.--The management of the Bureau shall
be vested in a Board of Directors consisting of 5
members, who shall be appointed by the President, by
and with the advice and consent of the Senate, from
among individuals who--
(A) are citizens of the United States; and
(B) have developed strong competency and
understanding of, and have experience working
with, financial products and services.
(2) Terms.--
(A) In general.--Except as provided in
subparagraph (B), each member of the Board,
including the Chairperson, shall serve for a
term of 5 years.
(B) Staggered terms.--The members of the
Board shall serve staggered terms, which shall
initially be for terms of 1, 2, 3, 4, and 5
years, respectively, and such members shall be
appointed such that, after the appointments of
the initial 5 members of the Board, members of
different political parties are appointed
alternately.
(C) Removal.--The President may remove any
member of the Board for inefficiency, neglect
of duty, or malfeasance in office.
(D) Vacancies.--Any member of the Board
appointed to fill a vacancy occurring before
the expiration of the term to which the
predecessor of that member was appointed
(including the Chairperson) shall be appointed
only for the remainder of the term.
(E) Continuation of service.--Each member
of the Board may continue to serve after the
expiration of the term of office to which that
member was appointed until a successor has been
appointed by the President and confirmed by the
Senate, except that a member may not continue
to serve more than 1 year after the date on
which the term of that member would otherwise
expire.
(F) Successive terms.--A member of the
Board may not be reappointed to a second
consecutive term, except that an initial member
of the Board appointed for less than a 5-year
term may be reappointed to a full 5-year term
and a future member appointed to fill an
unexpired term may be reappointed for a full 5-
year term.
(3) Affiliation.--Not more than 3 members of the
Board shall be members of any 1 political party.
(4) Chairperson of the board.--
(A) Appointment.--The President shall
appoint 1 of the 5 members of the Board to
serve as Chairperson of the Board.
(B) Authority.--The Chairperson shall be
the principal executive officer of the Bureau,
and shall exercise all of the executive and
administrative functions of the Bureau,
including with respect to--
(i) the supervision of personnel
employed by the Bureau (other than
personnel employed regularly and full
time in the immediate offices of
members of the Board other than the
Chairperson);
(ii) the distribution of business
among personnel appointed and
supervised by the Chairperson and among
administrative units of the Bureau; and
(iii) the use and expenditure of
funds.
(C) Limitation.--In carrying out any of the
functions of the Chairperson under this
paragraph, the Chairperson shall be governed by
general policies of the Bureau and by such
regulatory decisions, findings, and
determinations as the Bureau may by law be
authorized to make.
(D) Requests or estimates related to
appropriations.--Any request or estimate for
regular, supplemental, or deficiency
appropriations on behalf of the Bureau,
including any request for a transfer of funds
under section 1017(a), may not be submitted by
the Chairperson without the prior approval of
the Board.
(E) Vacancy.--The President may designate a
member of the Board to serve as Acting
Chairperson in the event of a vacancy in the
office of the Chairperson.
(5) Compensation.--
(A) Chairperson.--The Chairperson shall
receive compensation at the rate prescribed for
level I of the Executive Schedule under section
5312 of title 5, United States Code.
(B) Other members of the board.--The 4
members of the Board other than the Chairperson
shall each receive compensation at the rate
prescribed for level II of the Executive
Schedule under section 5313 of title 5, United
States Code.
(6) Other employment prohibited.--A member of the
Board may not engage in any other business, vocation,
or employment.
[(e)] (c) Offices.--The principal office of the Bureau
shall be in the District of Columbia. The Director may
establish regional offices of the Bureau, including in cities
in which the Federal reserve banks, or branches of such banks,
are located, in order to carry out the responsibilities
assigned to the Bureau under the Federal consumer financial
laws.
SEC. 1012. EXECUTIVE AND ADMINISTRATIVE POWERS.
(a) Powers of the Bureau.--* * *
(1) * * *
* * * * * * *
(8) the distribution of business among personnel
[appointed and supervised by the Director] appointed by
the Board and supervised by the Chairperson and among
administrative units of the Bureau;
* * * * * * *
(b) Delegation of Authority.--The [Director] Board of the
Bureau may delegate to any duly authorized employee,
representative, or agent any power vested in the Bureau by law.
(c) Autonomy of the Bureau.--
(1) Coordination with the board of governors.--* *
*
(2) Autonomy.--Notwithstanding the authorities
granted to the Board of Governors under the Federal
Reserve Act, the Board of Governors may not--
(A) intervene in any matter or proceeding
before the [Director] Board, including
examinations or enforcement actions, unless
otherwise specifically provided by law;
* * * * * * *
(4) Recommendations and testimony.--No officer or
agency of the United States shall have any authority to
require [the Director] any member of the Board or any
other officer of the Bureau to submit legislative
recommendations, or testimony or comments on
legislation, to any officer or agency of the United
States for approval, comments, or review prior to the
submission of such recommendations, testimony, or
comments to the Congress, if such recommendations,
testimony, or comments to the Congress include a
statement indicating that the views expressed therein
are those of [the Director] any member of the Board or
such officer, and do not necessarily reflect the views
of the Board of Governors or the President.
* * * * * * *
SEC. 1013. ADMINISTRATION.
(a) Personnel.--
(1) Appointment.--
(A) In general.--The [Director] Board may
fix the number of, and appoint and direct, all
employees of the Bureau, in accordance with the
applicable provisions of title 5.
(B) Employees of the bureau.--The
[Director] Board is authorized to employ
attorneys, compliance examiners, compliance
supervision analysts, economists,
statisticians, and other employees as may be
deemed necessary to conduct the business of the
Bureau. Unless otherwise provided expressly by
law, any individual appointed under this
section shall be an employee as defined in
section 2105 of title 5 and subject to the
provisions of such title and other laws
generally applicable to the employees of an
Executive agency.
(C) Waiver authority.--
(i) In general.--In making any
appointment under subparagraph (A), the
[Director] Board may waive the
requirements of chapter 33 of title 5,
and the regulations implementing such
chapter, to the extent necessary to
appoint employees on terms and
conditions that are consistent with
those set forth in section 11(1) of the
Federal Reserve Act (12 U.S.C. 248(1)),
while providing for--
* * * * * * *
(ii) Veterans preferences.--In
implementing this subparagraph, the
[Director] Board shall comply with the
provisions of section 2302(b)(11),1
regarding veterans' preference
requirements, in a manner consistent
with that in which such provisions are
applied under chapter 33 of title 5.
The authority under this subparagraph
to waive the requirements of that
chapter 33 shall expire 5 years after
July 21, 2010.
(2) Compensation.--Notwithstanding any otherwise
applicable provision of title 5 concerning
compensation, including the provisions of chapter 51
and chapter 53, the following provisions shall apply
with respect to employees of the Bureau:
(A) The rates of basic pay for all
employees of the Bureau may be set and adjusted
by the [Director] Board.
(B) The [Director] Board shall at all times
provide compensation (including benefits) to
each class of employees that, at a minimum, are
comparable to the compensation and benefits
then being provided by the Board of Governors
for the corresponding class of employees.
* * * * * * *
(b) Specific Functional Units.--
(1) Research.--The [Director] Board shall establish
a unit whose functions shall include researching,
analyzing, and reporting on--
* * * * * * *
(2) Community affairs.--The [Director] Board shall
establish a unit whose functions shall include
providing information, guidance, and technical
assistance regarding the offering and provision of
consumer financial products or services to
traditionally underserved consumers and communities.
(3) Collecting and tracking complaints.--
(A) In general.--The [Director] Board shall
establish a unit whose functions shall include
establishing a single, toll-free telephone
number, a website, and a database or utilizing
an existing database to facilitate the
centralized collection of, monitoring of, and
response to consumer complaints regarding
consumer financial products or services. The
[Director] Board shall coordinate with the
Federal Trade Commission or other Federal
agencies to route complaints to such agencies,
where appropriate.
* * * * * * *
(C) Reports to the congress.--The
[Director] Board shall present an annual report
to Congress not later than March 31 of each
year on the complaints received by the Bureau
in the prior year regarding consumer financial
products and services. Such report shall
include information and analysis about
complaint numbers, complaint types, and, where
applicable, information about resolution of
complaints.
* * * * * * *
(c) Office of Fair Lending and Equal Opportunity.--
(1) Establishment.--The [Director] Board shall
establish within the Bureau the Office of Fair Lending
and Equal Opportunity.
(2) Functions.--The Office of Fair Lending and
Equal Opportunity shall have such powers and duties as
the [Director] Board may delegate to the Office,
including--
* * * * * * *
(3) Administration of office.--There is established
the position of [Assistant Director] Head of Office of
the Bureau for Fair Lending and Equal Opportunity,
who--
(A) shall be appointed by [the Director]
the Board; and
(B) shall carry out such duties as [the
Director] the Board may delegate to such
[Assistant Director] Head of Office.
(d) Office of Financial Education.--
(1) Establishment.--The [Director] Board shall
establish an Office of Financial Education, which shall
be responsible for developing and implementing
initiatives intended to educate and empower consumers
to make better informed financial decisions.
* * * * * * *
(3) Coordination.--* * *
(A) * * *
(B) working with the research unit
established by the [Director] Board to conduct
research related to consumer financial
education and counseling.
(4) Report.--Not later than 24 months after the
designated transfer date, and annually thereafter, the
[Director] Board shall submit a report on its financial
literacy activities and strategy to improve financial
literacy of consumers to--
* * * * * * *
(e) Office of Service Member Affairs.--
(1) In general.--The [Director] Board shall
establish an Office of Service Member Affairs, which
shall be responsible for developing and implementing
initiatives for service members and their families
intended to--
* * * * * * *
(2) Coordination.--
(A) Regional services.--The [Director]
Board is authorized to assign employees of the
Bureau as may be deemed necessary to conduct
the business of the Office of Service Member
Affairs, including by establishing and
maintaining the functions of the Office in
regional offices of the Bureau located near
military bases, military treatment facilities,
or other similar military facilities.
(B) Agreements.--The [Director] Board is
authorized to enter into memoranda of
understanding and similar agreements with the
Department of Defense, including any branch or
agency as authorized by the department, in
order to carry out the business of the Office
of Service Member Affairs.
* * * * * * *
(g) Office of Financial Protection for Older Americans.--
(1) Establishment.--Before the end of the 180-day
period beginning on the designated transfer date, the
[Director] Board shall establish the Office of
Financial Protection for Older Americans, the functions
of which shall include activities designed to
facilitate the financial literacy of individuals who
have attained the age of 62 years or more (in this
subsection, referred to as ``seniors'') on protection
from unfair, deceptive, and abusive practices and on
current and future financial choices, including through
the dissemination of materials to seniors on such
topics.
(2) [Assistant director] Head of the office.--The
Office of Financial Protection for Older Americans (in
this subsection referred to as the ``Office'') shall be
headed by [an assistant director] the Head of the
Office of Financial Protection for Older Americans.
* * * * * * *
SEC. 1014. CONSUMER ADVISORY BOARD.
(a) Establishment Required.--The [Director] Board shall
establish a Consumer Advisory Board to advise and consult with
the Bureau in the exercise of its functions under the Federal
consumer financial laws, and to provide information on emerging
practices in the consumer financial products or services
industry, including regional trends, concerns, and other
relevant information.
(b) Membership.--In appointing the members of the Consumer
Advisory Board, the [Director] Board shall seek to assemble
experts in consumer protection, financial services, community
development, fair lending and civil rights, and consumer
financial products or services and representatives of
depository institutions that primarily serve underserved
communities, and representatives of communities that have been
significantly impacted by higher-priced mortgage loans, and
seek representation of the interests of covered persons and
consumers, without regard to party affiliation. Not fewer than
6 members shall be appointed upon the recommendation of the
regional Federal Reserve Bank Presidents, on a rotating basis.
(c) Meetings.--The Consumer Advisory Board shall meet from
time to time at the call of the [Director] Board, but, at a
minimum, shall meet at least twice in each year.
(d) Compensation and Travel Expenses.--* * *
(1) be entitled to receive compensation at a rate
fixed by the [Director] Board while attending meetings
of the Consumer Advisory Board, including travel time;
and
* * * * * * *
SEC. 1016. APPEARANCES BEFORE AND REPORTS TO CONGRESS.
(a) Appearances Before Congress.--The [Director of the
Bureau] Chairperson shall appear before the Committee on
Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services and the Committee on Energy and
Commerce of the House of Representatives at semi-annual
hearings regarding the reports required under subsection (b).
* * * * * * *
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] Board 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.--* * *
* * * * * * *
(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.] [Repealed.]
* * * * * * *
(4) Budget and financial management.--
(A) Financial operating plans and
forecasts.--The [Director shall] Board shall
provide to the Director of the Office of
Management and Budget copies of the financial
operating plans and forecasts of the
[Director,] Board, as prepared by the [Director
in] Board 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] Board in the
ordinary course of the operations of the
Bureau.
* * * * * * *
(D) Assertion of internal controls.--The
[Director] Board 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.
(E) Rule of construction.--This subsection
may not be construed as implying any obligation
on the part of the [Director to] Board 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.
* * * * * * *
(5) Audit of the bureau.--
(A) In general.--* * *
* * * * * * *
(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 6101 of title 41,
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] Chairperson 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.
* * * * * * *
(c) Use of funds.--
(1) In general.--Funds obtained by, transferred to,
or credited to the Bureau Fund shall be immediately
available to the Bureau and under the control of the
[Director,] Board, and shall remain available until
expended, to pay the expenses of the Bureau in carrying
out its duties and responsibilities. The compensation
of the [Director and] the members of the Board and
other employees of the Bureau and all other expenses
thereof may be paid from, obtained by, transferred to,
or credited to the Bureau Fund under this section.
* * * * * * *
(e) Authorization of Appropriations; Annual Report.--
(1) Determination regarding need for appropriated
funds.--
(A) In general.--The [Director] Board is
authorized to determine that sums available to
the Bureau under this section will not be
sufficient to carry out the authorities of the
Bureau under Federal consumer financial law for
the upcoming year.
(B) Report required.--When making a
determination under subparagraph (A), the
[Director] Board shall prepare a report
regarding the funding of the Bureau, including
the assets and liabilities of the Bureau, and
the extent to which the funding needs of the
Bureau are anticipated to exceed the level of
the amount set forth in subsection (a)(2). The
[Director] Board shall submit the report to the
President and to the Committee on
Appropriations of the Senate and the Committee
on Appropriations of the House of
Representatives.
(2) Authorization of appropriations.--If the
[Director] Board makes the determination and submits
the report pursuant to paragraph (1), there are hereby
authorized to be appropriated to the Bureau, for the
purposes of carrying out the authorities granted in
Federal consumer financial law, $200,000,000 for each
of fiscal years 2010, 2011, 2012, 2013, and 2014.
* * * * * * *
(4) Annual report.--The [Director] Board shall
prepare and submit a report, on an annual basis, to the
Committee on Appropriations of the Senate and the
Committee on Appropriations of the House of
Representatives regarding the financial operating plans
and forecasts of the [Director] Board, the financial
condition and results of operations of the Bureau, and
the sources and application of funds of the Bureau,
including any funds appropriated in accordance with
this subsection.
* * * * * * *
Subtitle B--General Powers of the Bureau
SEC. 1022. RULEMAKING AUTHORITY.
(a) In General.--* * *
(b) Rulemaking, Orders, and Guidance.--
(1) General authority.--The [Director] Board may
prescribe rules and issue orders and guidance, as may
be necessary or appropriate to enable the Bureau to
administer and carry out the purposes and objectives of
the Federal consumer financial laws, and to prevent
evasions thereof.
* * * * * * *
SEC. 1024. SUPERVISION OF NONDEPOSITORY COVERED PERSONS.
(a) Scope of Coverage.--
* * * * * * *
(b) Supervision.--
(1) In general.--* * *
* * * * * * *
(5) Preservation of authority.--Nothing in this
title may be construed as limiting the authority of the
[Director] Board to require reports from persons
described in subsection (a)(1), as permitted under
paragraph (1), regarding information owned or under the
control of such person, regardless of whether such
information is maintained, stored, or processed by
another person.
* * * * * * *
SEC. 1025. SUPERVISION OF VERY LARGE BANKS, SAVINGS ASSOCIATIONS, AND
CREDIT UNIONS.
(a) Scope of Coverage.--
* * * * * * *
(b) Supervision.--
(1) In general.--* * *
* * * * * * *
(4) Preservation of authority.--Nothing in this
title may be construed as limiting the authority of the
[Director] Board to require reports from a person
described in subsection (a), as permitted under
paragraph (1), regarding information owned or under the
control of such person, regardless of whether such
information is maintained, stored, or processed by
another person.
* * * * * * *
SEC. 1026. OTHER BANKS, SAVINGS ASSOCIATIONS, AND CREDIT UNIONS.
(a) Scope of Coverage.--
* * * * * * *
(b) Reports.--The [Director] Board may require reports from
a person described in subsection (a), as necessary to support
the role of the Bureau in implementing Federal consumer
financial law, to support its examination activities under
subsection (c), and to assess and detect risks to consumers and
consumer financial markets.
(1) Use of existing reports.--* * *
* * * * * * *
(2) Preservation of authority.--Nothing in this
subsection may be construed as limiting the authority
of the [Director] Board from requiring from a person
described in subsection (a), as permitted under
paragraph (1), information owned or under the control
of such person, regardless of whether such information
is maintained, stored, or processed by another person.
* * * * * * *
SEC. 1027. LIMITATIONS ON AUTHORITIES OF THE BUREAU; PRESERVATION OF
AUTHORITIES.
(a) Exclusion for Merchants, Retailers, and Other Sellers
of Nonfinancial Goods or Services.--
* * * * * * *
(c) Exclusion for Manufactured Home Retailers and Modular
Home Retailers.--
(1) In general.--The [Director] Board may not
exercise any rulemaking, supervisory, enforcement, or
other authority over a person to the extent that--
* * * * * * *
(l) Exclusion for Activities Relating to Charitable
Contributions.--
(1) In general.--The [Director] Board and the
Bureau may not exercise any rulemaking, supervisory,
enforcement, or other authority, including authority to
order penalties, over any activities related to the
solicitation or making of voluntary contributions to a
tax-exempt organization as recognized by the Internal
Revenue Service, by any agent, volunteer, or
representative of such organizations to the extent the
organization, agent, volunteer, or representative
thereof is soliciting or providing advice, information,
education, or instruction to any donor or potential
donor relating to a contribution to the organization.
* * * * * * *
Subtitle C--Specific Bureau Authorities
SEC. 1035. PRIVATE EDUCATION LOAN OMBUDSMAN.
(a) Establishment.--The Secretary, in consultation with the
[Director] Board, shall designate a Private Education Loan
Ombudsman (in this section referred to as the ``Ombudsman'')
within the Bureau, to provide timely assistance to borrowers of
private education loans.
(b) Public Information.--The Secretary and the [Director]
Board shall disseminate information about the availability and
functions of the Ombudsman to borrowers and potential
borrowers, as well as institutions of higher education,
lenders, guaranty agencies, loan servicers, and other
participants in private education student loan programs.
(c) Functions of Ombudsman.--* * *
(1) in accordance with regulations of the
[Director] Board, receive, review, and attempt to
resolve informally complaints from borrowers of loans
described in subsection (a), including, as appropriate,
attempts to resolve such complaints in collaboration
with the Department of Education and with institutions
of higher education, lenders, guaranty agencies, loan
servicers, and other participants in private education
loan programs;
* * * * * * *
(4) make appropriate recommendations to the
[Director] Board, the Secretary, the Secretary of
Education, the Committee on Banking, Housing, and Urban
Affairs and the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on
Financial Services and the Committee on Education and
Labor of the House of Representatives.
* * * * * * *
Subtitle F--Transfer of Functions and Personnel; Transitional
Provisions
SEC. 1061. TRANSFER OF CONSUMER FINANCIAL PROTECTION FUNCTIONS.
(a) Defined Terms.--For purposes of this part--
* * * * * * *
(c) Authorities of the Prudential Regulators.--
(1) Examination.--* * *
* * * * * * *
(2) Enforcement.--* * *
(A) Limitation.--* * *
* * * * * * *
(C) Statutory enforcement.--* * *
(i) the Federal Credit Union Act
(12 U.S.C. 1751 et seq.), by the
National Credit Union Administration
Board with respect to any covered
person or service provider that is an
insured credit union, or service
provider thereto, or any affiliate of
an insured credit union, who is subject
to the jurisdiction of [the Board] the
National Credit Union Administration
Board under that Act; and
* * * * * * *
SEC. 1066. INTERIM AUTHORITY OF THE SECRETARY
(a) In General.--The Secretary is authorized to perform the
functions of the Bureau under this part until the first
Director of the Bureau is confirmed by the Senate in accordance
with section 5491 of this title.
* * * * * * *
Subtitle G--Regulatory Improvements
SEC. 1073. REMITTANCE TRANSFERS.
(a) Treatment of Remittance Transfers.--* * *
* * * * * * *
(e) Report on Feasibility of and Impediments to Use of
Remittance History in Calculation of Credit Score.--Before the
end of the 365-day period beginning on the date of enactment of
this Act, the [Director] Board shall submit a report to the
President, the Committee on Banking, Housing, and Urban Affairs
of the Senate, and the Committee on Financial Services of the
House of Representatives regarding--
* * * * * * *
SEC. 1077. REPORT ON PRIVATE EDUCATION LOANS AND PRIVATE EDUCATIONAL
LENDERS.
(a) Report.--Not later than 2 years after the date of
enactment of this Act, the [Director] Board and the Secretary
of Education, in consultation with the Commissioners of the
Federal Trade Commission, and the Attorney General of the
United States, shall submit a report to the Committee on
Banking, Housing, and Urban Affairs and the Committee on
Health, Education, Labor, and Pensions of the Senate and the
Committee on Financial Services and the Committee on Education
and Labor of the House of Representatives, on private education
loans (as that term is defined in section 140 of the Truth in
Lending Act (15 U.S.C. 1650)) and private educational lenders
(as that term is defined in such section).
* * * * * * *
SEC. 1079. REVIEW, REPORT, AND PROGRAM WITH RESPECT TO EXCHANGE
FACILITATORS.
(a) Review.--The [Director] Board shall review all Federal
laws and regulations relating to the protection of consumers
who use exchange facilitators for transactions primarily for
personal, family, or household purposes.
(b) Report.--Not later than 1 year after the designated
transfer date, the [Director] Board shall submit to Congress a
report describing--
* * * * * * *
TITLE XIV--MORTGAGE REFORM AND ANTI-PREDATORY LENDING ACT
Subtitle D--Office of Housing Counseling
SEC. 1447. DEFAULT AND FORECLOSURE DATABASE
(a) Establishment.--The Secretary of Housing and Urban
Development and the [Director] Board of Directors of the
Bureau, in consultation with the Federal agencies responsible
for regulation of banking and financial institutions involved
in residential mortgage lending and servicing, shall establish
and maintain a database of information on foreclosures and
defaults on mortgage loans for one- to four-unit residential
properties and shall make such information publicly available,
subject to subsection (e).
* * * * * * *
(c) Requirements.--Information collected and made available
through the database shall include--
(1) * * *
* * * * * * *
(6) such other information as the Secretary of
Housing and Urban Development and the [Director] Board
of Directors of the Bureau consider appropriate.
* * * * * * *
(e) Privacy and Confidentiality.--In establishing and
maintaining the database described in subsection (a), the
Secretary of Housing and Urban Development and the [Director]
Board of Directors of the Bureau shall--
------
DEPARTMENT OF DEFENSE AND FULL-YEAR CONTINUING APPROPRIATIONS ACT,
2011, PUBLIC LAW 112-10
DIVISION C--SCHOLARSHIPS FOR OPPORTUNITY AND RESULTS ACT
SEC. 3007. USE OF FUNDS.
(a) Opportunity Scholarships.--
(1) In general.--* * *
* * * * * * *
(4) Participating school requirements.--* * *
(A) * * *
* * * * * * *
(E) has financial systems, controls,
policies, and procedures to ensure that funds
are used according to this division; [and]
(F) ensures that, with respect to core
academic subjects (as such term is defined in
section 9101(11) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
7801(11)), participating students are taught by
a teacher who has a baccalaureate degree or
equivalent degree, whether such degree was
awarded in or outside of the United States[.] ;
(G)(i) is provisionally or fully accredited
by a national or regional accrediting agency
that is recognized in the District of Columbia
School Reform Act of 1995 (sec. 38-
1802.02(16)(A)-(G), D.C. Official Code) or any
other accrediting body deemed appropriate by
the Office of the State Superintendent for
Schools for the purposes of accrediting an
elementary or secondary school; or
(ii) in the case of a school that is a
participating school as of the day before the
date of enactment of the D.C. Opportunity
Scholarship Program School Certification
Requirements Act and, as of such day, does not
meet the requirements of clause (i)--
(I) by not later than 1 year after
such date of enactment, is pursuing
accreditation by a national or regional
accrediting agency recognized in the
District of Columbia School Reform Act
of 1995 (sec. 38-1802.02(16)(A)-(G),
D.C. Official Code) or any other
accrediting body deemed appropriate by
the Office of the State Superintendent
for Schools for the purposes of
accrediting an elementary or secondary
school; and
(II) by not later than 5 years
after such date of enactment, is
provisionally or fully accredited by
such accrediting agency, except that an
eligible entity may grant not more than
one 1-year extension to meet this
requirement for each participating
school that provides evidence to the
eligible entity from such accrediting
agency that the school's application
for accreditation is in process and the
school will be awarded accreditation
before the end of the 1-year extension
period;
(H) conducts criminal background checks on
school employees who have direct and
unsupervised interaction with students; and
(I) complies with all requests for data and
information regarding the reporting
requirements described in section 3010.
(5) New participating schools.--If a school is not
a participating school as of the date of enactment of
the D.C. Opportunity Scholarship Program School
Certification Requirements Act, the school shall not
become a participating school and none of the funds
provided under this division for opportunity
scholarships may be used by an eligible student to
enroll in that school unless the school--
(A) is actively pursuing provisional or
full accreditation by a national or regional
accrediting agency that is recognized in the
District of Columbia School Reform Act of 1995
(sec. 38-1802.02(16)(A)-(G), D.C. Official
Code) or any other accrediting body deemed
appropriate by the Office of the State
Superintendent for Schools for the purposes of
accrediting an elementary or secondary school;
and
(B) meets all of the other requirements for
participating schools under this Act.
(6) Enrolling in another school.--An eligible
entity shall assist the parents of a participating
eligible student in identifying, applying to, and
enrolling in an another participating school for which
opportunity scholarship funds may be used, if--
(A) such student is enrolled in a
participating private school and may no longer
use opportunity scholarship funds for
enrollment in that participating private school
because such school fails to meet a requirement
under paragraph 4, or any other requirement of
this Act; or
(B) a participating eligible student is
enrolled in a school that ceases to be a
participating school.
* * * * * * *
SEC. 3010. REPORTING REQUIREMENTS.
(a) Activities Reports.--* * *
* * * * * * *
(c) Reports to Parents.--
(1) In general.--* * *
* * * * * * *
(2) Prohibiting disclosure of personal
information.--No report under this subsection may
contain any personally identifiable information, except
as to the student who is the subject of the report to
that student's parent.
(d) Reports to Eligible Entities.--The eligible entity
receiving funds under section 3004(a) shall ensure that each
participating school under this division submits to the
eligible entity beginning not later than 5 years after the date
of the enactment of the D.C. Opportunity Scholarship Program
School Certification Requirements Act, a certification that the
school has been awarded provisional or full accreditation, or
has been granted an extension by the eligible entity in
accordance with section 3007(a)(4)(G).
[(d)] (e) Report to Congress.--Not later than 6 months
after the first appropriation of funds under section 3014, and
each succeeding year thereafter, the Secretary shall submit to
the Committees on Appropriations, Education and the Workforce,
and Oversight and Government Reform of the House of
Representatives and the Committees on Appropriations, Health,
Education, Labor, and Pensions, and Homeland Security and
Governmental Affairs of the Senate, an annual report on the
findings of the reports submitted under subsections (a) and
(b).
BUDGETARY IMPACT OF BILL
PREPARED IN CONSULTATION WITH THE CONGRESSIONAL BUDGET OFFICE PURSUANT TO SEC. 308(a), PUBLIC LAW 93-344, AS
AMENDED
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
Budget authority Outlays
---------------------------------------------------
Committee Amount in Committee Amount in
allocation bill allocation bill
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the bill with the subcommittee
allocation for 2016: Subcommittee on Financial Services and
General Government:
Mandatory............................................... 21,512 21,512 21,505 \1\21,505
Discretionary........................................... 20,556 20,715 22,235 \1\22,349
Security............................................ 46 46 NA NA
Nonsecurity......................................... 20,510 20,669 NA NA
Overseas Contingency Operations/Global War on Terrorism. ........... ........... ........... ...........
Projection of outlays associated with the recommendation:
2016.................................................... ........... ........... ........... \2\38,372
2017.................................................... ........... ........... ........... 3,224
2018.................................................... ........... ........... ........... 116
2019.................................................... ........... ........... ........... -485
2020 and future years................................... ........... ........... ........... -3,718
Financial assistance to State and local governments for 2016 NA 449 NA \2\444
----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior-year budget authority.
\2\Excludes outlays from prior-year budget authority.
NA: Not applicable.
NOTE.--Consistent with the funding recommended in the bill for disaster relief funding and in accordance with
section 251(b)(2)(D) of the BBEDCA of 1985, the Committee anticipates that the Budget Committee will provide a
revised 302(a) allocation for the Committee on Appropriations reflecting an upward adjustment of $159,000,000
in budget authority plus associated outlays.
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2015 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL FOR FISCAL
YEAR 2016
[In thousands of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Senate Committee recommendation
compared with (+ or -)
Item 2015 Budget estimate Committee -----------------------------------
appropriation recommendation 2016
appropriation Budget estimate
--------------------------------------------------------------------------------------------------------------------------------------------------------
TITLE I--DEPARTMENT OF THE TREASURY
Departmental Offices
Salaries and expenses......................................... 210,000 331,837 325,900 +115,900 -5,937
Office of Terrorism and Financial Intelligence............ ................ (109,609) (112,500) (+112,500) (+2,891)
Office of Terrorism and Financial Intelligence................ 112,500 ................ ................ -112,500 ................
Department-wide Systems and Capital Investments Programs...... 2,725 10,690 5,000 +2,275 -5,690
Office of Inspector General................................... 35,351 35,416 35,416 +65 ................
Treasury Inspector General for Tax Administration............. 158,210 167,275 167,275 +9,065 ................
Special Inspector General for TARP............................ 34,234 40,671 36,671 +2,437 -4,000
Financial Crimes Enforcement Network.......................... 112,000 112,979 112,979 +979 ................
-----------------------------------------------------------------------------------------
Subtotal, Departmental Offices.......................... 665,020 698,868 683,241 +18,221 -15,627
Treasury Forfeiture Fund (rescission)......................... -769,000 -875,000 -700,000 +69,000 +175,000
-----------------------------------------------------------------------------------------
Total, Departmental Offices............................. -103,980 -176,132 -16,759 +87,221 +159,373
=========================================================================================
Bureau of the Fiscal Service.................................. 348,184 363,850 356,000 +7,816 -7,850
Alcohol and Tobacco Tax and Trade Bureau...................... 100,000 101,439 101,439 +1,439 ................
Community Development Financial Institutions Fund Program 230,500 233,523 221,000 -9,500 -12,523
Account......................................................
Payment of Government Losses in Shipment...................... 2,000 2,000 2,000 ................ ................
-----------------------------------------------------------------------------------------
Total, Department of the Treasury, non-IRS.............. 576,704 524,680 663,680 +86,976 +139,000
=========================================================================================
Internal Revenue Service
Taxpayer Services............................................. 2,156,554 2,408,803 2,246,554 +90,000 -162,249
Enforcement................................................... 4,860,000 5,047,732 4,500,000 -360,000 -547,732
Program integrity initiatives............................. ................ 352,100 ................ ................ -352,100
-----------------------------------------------------------------------------------------
Subtotal................................................ 4,860,000 5,399,832 4,500,000 -360,000 -899,832
Operations Support............................................ 3,638,446 4,428,061 3,468,446 -170,000 -959,615
Program integrity initiatives............................. ................ 315,197 ................ ................ -315,197
-----------------------------------------------------------------------------------------
Subtotal................................................ 3,638,446 4,743,258 3,468,446 -170,000 -1,274,812
Business Systems Modernization................................ 290,000 379,178 260,000 -30,000 -119,178
-----------------------------------------------------------------------------------------
Total, Internal Revenue Service......................... 10,945,000 12,931,071 10,475,000 -470,000 -2,456,071
=========================================================================================
Total, title I, Department of the Treasury.............. 11,521,704 13,455,751 11,138,680 -383,024 -2,317,071
Appropriations...................................... (12,290,704) (14,330,751) (11,838,680) (-452,024) (-2,492,071)
Rescissions......................................... (-769,000) (-875,000) (-700,000) (+69,000) (+175,000)
=========================================================================================
TITLE II--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS
APPROPRIATED TO THE PRESIDENT
The White House
Salaries and expenses......................................... 55,000 55,214 55,000 ................ -214
Executive Residence at the White House:
Operating expenses........................................ 12,700 12,723 12,700 ................ -23
White House repair and restoration........................ 625 750 625 ................ -125
-----------------------------------------------------------------------------------------
Subtotal................................................ 13,325 13,473 13,325 ................ -148
Council of Economic Advisers.................................. 4,184 4,201 4,184 ................ -17
National Security Council and Homeland Security Council....... 12,600 13,069 12,600 ................ -469
Office of Administration...................................... 111,300 96,116 96,116 -15,184 ................
-----------------------------------------------------------------------------------------
Total, The White House.................................. 196,409 182,073 181,225 -15,184 -848
=========================================================================================
Office of Management and Budget............................... 91,750 97,441 91,750 ................ -5,691
Office of National Drug Control Policy
Salaries and expenses......................................... 22,647 20,047 20,047 -2,600 ................
High Intensity Drug Trafficking Areas Program................. 245,000 193,400 245,000 ................ +51,600
Other Federal Drug Control Programs........................... 107,150 95,436 108,310 +1,160 +12,874
-----------------------------------------------------------------------------------------
Total, Office of National Drug Control Policy........... 374,797 308,883 373,357 -1,440 +64,474
=========================================================================================
Unanticipated needs........................................... 800 1,000 800 ................ -200
Information technology oversight and reform................... 20,000 35,200 25,000 +5,000 -10,200
Special Assistance to the President and Official Residence of
the Vice President:
Salaries and expenses..................................... 4,211 4,228 4,211 ................ -17
Operating expenses........................................ 299 299 299 ................ ................
-----------------------------------------------------------------------------------------
Subtotal................................................ 4,510 4,527 4,510 ................ -17
=========================================================================================
Total, title II, Executive Office of the President and 688,266 629,124 676,642 -11,624 +47,518
Funds Appropriated to the President....................
=========================================================================================
TITLE III--THE JUDICIARY
Supreme Court of the United States
Salaries and Expenses:
Salaries of Justices...................................... 2,527 2,557 2,557 +30 ................
Other salaries and expenses............................... 74,967 75,717 75,838 +871 +121
-----------------------------------------------------------------------------------------
Subtotal................................................ 77,494 78,274 78,395 +901 +121
Care of the building and grounds.............................. 11,640 9,953 9,964 -1,676 +11
-----------------------------------------------------------------------------------------
Total, Supreme Court of the United States............... 89,134 88,227 88,359 -775 +132
=========================================================================================
United States Court of Appeals for the Federal Circuit
Salaries and Expenses:
Salaries of judges........................................ 2,893 2,922 2,922 +29 ................
Other salaries and expenses............................... 30,212 30,841 30,872 +660 +31
-----------------------------------------------------------------------------------------
Total, United States Court of Appeals for the Federal 33,105 33,763 33,794 +689 +31
Circuit................................................
=========================================================================================
United States Court of International Trade
Salaries and Expenses:
Salaries of judges........................................ 1,981 2,005 2,005 +24 ................
Other salaries and expenses............................... 17,807 18,145 18,160 +353 +15
-----------------------------------------------------------------------------------------
Total, U.S. Court of International Trade................ 19,788 20,150 20,165 +377 +15
=========================================================================================
Courts of Appeals, District Courts, and Other Judicial
Services
Salaries and Expenses:
Salaries of judges and bankruptcy judges.................. 412,000 417,000 417,000 +5,000 ................
Other salaries and expenses............................... 4,846,818 5,036,338 4,960,008 +113,190 -76,330
-----------------------------------------------------------------------------------------
Subtotal................................................ 5,258,818 5,453,338 5,377,008 +118,190 -76,330
Vaccine Injury Compensation Trust Fund........................ 5,423 6,045 6,045 +622 ................
Defender services............................................. 1,016,499 1,057,616 1,042,616 +26,117 -15,000
Fees of jurors and commissioners.............................. 52,191 52,411 48,423 -3,768 -3,988
Court security................................................ 513,975 542,390 538,771 +24,796 -3,619
-----------------------------------------------------------------------------------------
Total, Courts of Appeals, District Courts, and Other 6,846,906 7,111,800 7,012,863 +165,957 -98,937
Judicial Services......................................
=========================================================================================
Administrative Office of the United States Courts
Salaries and expenses......................................... 84,399 87,590 86,000 +1,601 -1,590
Federal Judicial Center
Salaries and expenses......................................... 26,959 27,679 27,000 +41 -679
United States Sentencing Commission
Salaries and expenses......................................... 16,894 17,540 17,000 +106 -540
=========================================================================================
Total, title III, the Judiciary......................... 7,117,185 7,386,749 7,285,181 +167,996 -101,568
=========================================================================================
TITLE IV--DISTRICT OF COLUMBIA
Federal Payment for Resident Tuition Support.................. 30,000 40,000 30,000 ................ -10,000
Federal Payment for Emergency Planning and Security Costs in 12,500 14,900 13,000 +500 -1,900
the District of Columbia.....................................
Federal Payment to the District of Columbia Courts............ 245,110 274,401 246,000 +890 -28,401
Federal Payment for Defender Services in District of Columbia 49,890 49,890 49,890 ................ ................
Courts.......................................................
Federal Payment to the Court Services and Offender Supervision 234,000 244,763 242,000 +8,000 -2,763
Agency for the District of Columbia..........................
Federal Payment to the District of Columbia Public Defender 41,231 40,889 40,889 -342 ................
Service......................................................
Federal Payment to the District of Columbia Water and Sewer 14,000 24,300 14,000 ................ -10,300
Authority....................................................
Federal Payment to the Criminal Justice Coordinating Council.. 1,900 1,900 1,900 ................ ................
Federal Payment for Judicial Commissions...................... 565 565 565 ................ ................
Federal Payment for School Improvement........................ 45,000 43,200 45,000 ................ +1,800
Federal Payment for the D.C. National Guard................... 435 435 435 ................ ................
Federal payment for Mass Transit Innovation Plan.............. ................ 1,000 ................ ................ -1,000
Federal payment for Climate Risk Management................... ................ 750 ................ ................ -750
Federal payment for Solar Power Initiative.................... ................ 1,000 ................ ................ -1,000
Federal Payment for Redevelopment of the St. Elizabeth's ................ 9,800 ................ ................ -9,800
Hospital Campus..............................................
Federal payment for Permanent Supportive Housing.............. ................ 6,000 ................ ................ -6,000
Federal Payment for Testing and Treatment of HIV/AIDS......... 5,000 5,000 5,000 ................ ................
Federal Payment for D.C. Commission on the Arts and Humanities ................ 1,000 ................ ................ -1,000
Grants.......................................................
=========================================================================================
Total, Title IV, District of Columbia................... 679,631 759,793 688,679 +9,048 -71,114
=========================================================================================
TITLE V--OTHER INDEPENDENT AGENCIES
Administrative Conference of the United States................ 3,100 3,207 3,100 ................ -107
Commodity Futures Trading Commission.......................... 250,000 322,000 250,000 ................ -72,000
Consumer Product Safety Commission............................ 123,000 129,000 123,000 ................ -6,000
Election Assistance Commission
Salaries and expenses......................................... 10,000 9,600 9,600 -400 ................
Federal Communications Commission
Salaries and expenses......................................... 339,844 388,000 364,168 +24,324 -23,832
Offsetting fee collections--current year...................... -339,844 -388,000 -364,168 -24,324 +23,832
-----------------------------------------------------------------------------------------
Direct appropriation.................................... ................ ................ ................ ................ ................
Federal Deposit Insurance Corporation: Office of Inspector (34,568) (34,568) (34,568) ................ ................
General (by transfer)........................................
Deposit Insurance Fund (transfer)......................... (-34,568) (-34,568) (-34,568) ................ ................
Federal Election Commission................................... 67,500 76,119 72,500 +5,000 -3,619
Federal Labor Relations Authority............................. 25,548 26,550 25,548 ................ -1,002
Federal Trade Commission
Salaries and expenses......................................... 293,000 309,206 300,000 +7,000 -9,206
Offsetting fee collections--current year...................... -100,000 -124,000 -124,000 -24,000 ................
Offsetting fee collections, telephone database................ -14,000 -14,000 -14,000 ................ ................
-----------------------------------------------------------------------------------------
Direct appropriation.................................... 179,000 171,206 162,000 -17,000 -9,206
General Services Administration
Federal Buildings Fund
Limitations on Availability of Revenue:
Construction and acquisition of facilities................ 509,670 1,257,997 181,500 -328,170 -1,076,497
Repairs and alterations................................... 818,160 1,247,067 357,189 -460,971 -889,878
Rental of space........................................... 5,666,348 5,579,055 5,521,601 -144,747 -57,454
Building operations....................................... 2,244,132 2,288,076 2,244,132 ................ -43,944
-----------------------------------------------------------------------------------------
Subtotal, Limitations on availability of revenue........ 9,238,310 10,372,195 8,304,422 -933,888 -2,067,773
Rental income to fund......................................... -9,917,667 -9,807,722 -9,807,722 +109,945 ................
-----------------------------------------------------------------------------------------
Total, Federal Buildings Fund........................... -679,357 564,473 -1,503,300 -823,943 -2,067,773
=========================================================================================
Government-wide Policy........................................ 58,000 62,022 58,000 ................ -4,022
Operating expenses............................................ 61,049 58,560 58,560 -2,489 ................
Uniform Procurement Instrument Identifier................. ................ 3,000 ................ ................ -3,000
Office of Inspector General................................... 65,000 67,803 65,000 ................ -2,803
Allowances and Office Staff for Former Presidents............. 3,250 3,277 3,277 +27 ................
Federal Citizen Services Fund................................. 53,294 58,428 55,894 +2,600 -2,534
Pre-Election Presidential transition.......................... ................ 13,278 13,278 +13,278 ................
-----------------------------------------------------------------------------------------
Total, General Services Administration.................. -438,764 830,841 -1,249,291 -810,527 -2,080,132
=========================================================================================
Harry S Truman Scholarship Foundation......................... 750 ................ 1,000 +250 +1,000
Merit Systems Protection Board
Salaries and expenses......................................... 42,740 45,070 42,740 ................ -2,330
Limitation on administrative expenses......................... 2,345 2,345 2,345 ................ ................
-----------------------------------------------------------------------------------------
Total, Merit Systems Protection Board................... 45,085 47,415 45,085 ................ -2,330
=========================================================================================
Morris K. Udall and Stewart L. Udall Foundation
Morris K. Udall and Stewart L. Udall Trust Fund............... 1,995 1,995 1,995 ................ ................
Environmental Dispute Resolution Fund......................... 3,400 3,420 3,400 ................ -20
-----------------------------------------------------------------------------------------
Total, Morris K. Udall and Stewart L Udall Foundation... 5,395 5,415 5,395 ................ -20
=========================================================================================
National Archives and Records Administration
Operating expenses............................................ 365,000 372,393 372,000 +7,000 -393
Reduction of debt......................................... -19,514 -21,208 -21,208 -1,694 ................
-----------------------------------------------------------------------------------------
Subtotal................................................ 345,486 351,185 350,792 +5,306 -393
Office of the Inspector General............................... 4,130 4,180 4,180 +50 ................
Repairs and restoration....................................... 7,600 7,500 7,500 -100 ................
National Historical Publications and Records Commission Grants 5,000 5,000 5,000 ................ ................
Program......................................................
-----------------------------------------------------------------------------------------
Total, National Archives and Records Administration..... 362,216 367,865 367,472 +5,256 -393
=========================================================================================
National Credit Union Administration
Community Development Revolving Loan Fund..................... 2,000 2,000 2,000 ................ ................
Office of Government Ethics................................... 15,420 15,742 15,420 ................ -322
Office of Personnel Management
Salaries and expenses......................................... 96,039 120,688 119,239 +23,200 -1,449
Limitation on administrative expenses..................... 118,425 124,550 118,425 ................ -6,125
Office of Inspector General................................... 4,384 4,365 4,384 ................ +19
Limitation on administrative expenses..................... 21,340 22,479 22,479 +1,139 ................
-----------------------------------------------------------------------------------------
Total, Office of Personnel Management................... 240,188 272,082 264,527 +24,339 -7,555
=========================================================================================
Office of Special Counsel..................................... 22,939 24,119 23,500 +561 -619
Postal Regulatory Commission.................................. 14,700 15,500 15,000 +300 -500
Privacy and Civil Liberties Oversight Board................... 7,500 23,297 23,297 +15,797 ................
Recovery and Accountability Transparency Board................ 18,000 ................ ................ -18,000 ................
Securities and Exchange Commission............................ 1,500,000 1,722,000 1,500,000 ................ -222,000
SEC fees.................................................. -1,500,000 -1,722,000 -1,500,000 ................ +222,000
SEC Reserve Fund (rescission)............................. -25,000 ................ -25,000 ................ -25,000
Selective Service System...................................... 22,500 22,900 22,703 +203 -197
Small Business Administration
Salaries and expenses......................................... 257,000 281,938 257,000 ................ -24,938
Entrepreneurial Development Programs.......................... 220,000 206,250 220,150 +150 +13,900
Office of Inspector General................................... 19,400 19,900 19,900 +500 ................
Office of Advocacy............................................ 9,120 9,120 9,120 ................ ................
Business Loans Program Account:
Direct loans subsidy...................................... 2,500 3,338 3,338 +838 ................
Guaranteed loans subsidy.................................. 45,000 ................ ................ -45,000 ................
Administrative expenses................................... 147,726 152,726 152,726 +5,000 ................
-----------------------------------------------------------------------------------------
Total, Business loans program account................... 195,226 156,064 156,064 -39,162 ................
=========================================================================================
Disaster Loans Program Account:
Administrative expenses................................... 186,858 28,029 28,029 -158,829 ................
Disaster relief category.............................. ................ 158,829 158,829 +158,829 ................
-----------------------------------------------------------------------------------------
Total, Small Business Administration.................... 887,604 860,130 849,092 -38,512 -11,038
=========================================================================================
United States Postal Service
Payment to the Postal Service Fund............................ 29,000 ................ ................ -29,000 ................
Advance appropriations.................................... 41,000 67,234 49,923 +8,923 -17,311
-----------------------------------------------------------------------------------------
Total, Payment to the Postal Service Fund............... 70,000 67,234 49,923 -20,077 -17,311
=========================================================================================
Office of Inspector General................................... 243,883 250,729 243,883 ................ -6,846
-----------------------------------------------------------------------------------------
Total, United States Postal Service..................... 313,883 317,963 293,806 -20,077 -24,157
=========================================================================================
United States Tax Court....................................... 51,300 53,600 51,300 ................ -2,300
=========================================================================================
Total, title V, Independent Agencies.................... 2,203,864 3,596,551 1,351,054 -852,810 -2,245,497
Appropriations...................................... (2,187,864) (3,370,488) (1,167,302) (-1,020,562) (-2,203,186)
Rescissions......................................... (-25,000) ................ (-25,000) ................ (-25,000)
Disaster relief category............................ ................ (158,829) (158,829) (+158,829) ................
Advances............................................ (41,000) (67,234) (49,923) (+8,923) (-17,311)
(By transfer)....................................... (34,568) (34,568) (34,568) ................ ................
=========================================================================================
TITLE VI--GENERAL PROVISIONS
Mandatory appropriations (Sec. 617)........................... 20,980,050 20,961,450 20,961,450 -18,600 ................
=========================================================================================
Grand total............................................. 43,190,700 46,789,418 42,101,686 -1,089,014 -4,687,732
Appropriations...................................... (43,943,700) (47,438,355) (42,617,934) (-1,325,766) (-4,820,421)
Rescissions......................................... (-794,000) (-875,000) (-725,000) (+69,000) (+150,000)
Disaster relief category............................ ................ (158,829) (158,829) (+158,829) ................
Advances............................................ (41,000) (67,234) (49,923) (+8,923) (-17,311)
(By transfer)....................................... (34,568) (34,568) (34,568) ................ ................
--------------------------------------------------------------------------------------------------------------------------------------------------------