[House Report 112-136]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-136
======================================================================
FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS BILL, 2012
_______
July 7, 2011.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mrs. Emerson, from the Committee on Appropriations,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 2434]
The Committee on Appropriations submits the following
report in explanation of the accompanying bill making
appropriations for financial services and general government
for the fiscal year ending September 30, 2012.
INDEX TO BILL AND REPORT
_______________________________________________________________________
Page number
Bill Report
Title I--Department of the Treasury........................ 2
5
Title II--Executive Office of the President and Funds
Appropriated to the President.......................... 21
22
Title III--The Judiciary................................... 34
30
Title IV--District of Columbia............................. 42
36
Title V--Independent Agencies.............................. 53
40
Administrative Conference of the United States..... 53
40
Consumer Product Safety Commission................. 53
41
Election Assistance Commission..................... 54
42
Federal Communications Commission.................. 54
43
Federal Deposit Insurance Corporation.............. 55
45
Federal Election Commission........................ 55
45
Federal Labor Relations Authority.................. 56
45
Federal Trade Commission........................... 57
46
General Services Administration.................... 58
47
Harry S Truman Scholarship Foundation.............. 67
54
Merit Systems Protection Board..................... 67
55
Morris K. Udall and Stewart L. Udall Foundation.... 68
55
National Archives and Records Administration....... 69
56
National Credit Union Administration............... 71
57
Office of Government Ethics........................ 71
58
Office of Personnel Management..................... 71
58
Office of Special Counsel.......................... 74
60
Postal Regulatory Commission....................... 74
60
Recovery Accountability and Transparency Board..... 75
61
Securities and Exchange Commission................. 75
61
Selective Service System........................... 76
63
Small Business Administration...................... 77
64
United States Postal Service....................... 82
68
United States Tax Court............................ 83
69
Title VI--General Provisions--This Act..................... 83
69
Title VII--General Provisions--Government-wide:
Departments, Agencies, and Corporations................ 97
73
Title VIII--General Provisions, District of Columbia....... 123
76
Title IX--Spending Reduction Account for Regular Annual
Appropriation Bills.................................... 129
77
House of Representatives Reporting Requirements............ --
77
Minority Views............................................. --
121
HIGHLIGHTS OF THE BILL
The Financial Services and General Government Subcommittee
has jurisdiction over a diverse group of agencies responsible
for regulating the financial and telecommunications industries;
collecting taxes and providing taxpayer assistance; supporting
the operations of the White House, the Federal Judiciary, and
the District of Columbia; managing Federal buildings; and
overseeing the Federal workforce. The activities of these
agencies impact nearly every American and are integral to the
operations of our government.
However, with the Federal debt exceeding $14 trillion, the
Subcommittee is committed to reducing the cost and size of
government. The bill provides a total of $19,895,000,000 in
discretionary budget authority which is nine percent less than
fiscal year 2011 and 18 percent less than fiscal year 2010. The
discretionary budget authority provided is $5,788,140,000 or
22.5 percent less than the President's request.
TOTAL BUDGET AUTHORITY
[$ in milions]
------------------------------------------------------------------------
FY 2011 FY 2012 FY 2012
Enacted Request Recommendation
------------------------------------------------------------------------
Discretionary............... 21,748 25,683 19,895
Mandatory................... 21,160 21,455 21,455
------------------------------------------------------------------------
DISCRETIONARY BUDGET AUTHORITY BY TITLE
[$ in milions]
------------------------------------------------------------------------
FY 2011 FY 2012 FY 2012
Agency Enacted Request Recommendation
------------------------------------------------------------------------
Department of the Treasury.. 13,095 14,038 12,166
Executive Office of the 705 739 640
President..................
Judiciary................... 6,478 6,856 6,326
District of Columbia........ 699 717 637
Other....................... 771 3,333 126
-------------------------------------------
Total................... 21,748 25,683 19,895
------------------------------------------------------------------------
The funding priorities in the bill include the Small
Business Administration's (SBA) business and disaster loan
programs, drug task forces, public safety and education in the
District of Columbia, and Treasury's antiterrorism and
financial intelligence activities.
In order to assist small business, the bill provides an
increase of $127,795,000 for SBA's business loan program over
fiscal year 2011. In addition, the bill requires the Office of
Management and Budget and certain regulatory agencies to report
to the Committee on their efforts to eliminate duplicative,
outdated and burdensome regulations.
For the Office of National Drug Control Policy, the bill
provides $238,522,000 for High Intensity Drug Trafficking Areas
which is $38,522,000 more than the request. In addition, the
bill provides $88,600,000 for the Drug-Free Communities
program.
For the District of Columbia, the bill fully funds the
request for emergency planning and security. In addition, the
bill provides increases above fiscal year 2011 for the
operations of the DC Superior Court and the Court Services and
Offender Supervision Agency. The bill continues the Committee's
commitment to education in the City by providing $60,000,000
for school improvement, as authorized by the Scholarships for
Opportunity and Results Act, and $30,000,000 for resident
tuition support.
For Treasury's Office of Terrorism and Financial
Intelligence, the bill provides $100,000,000 to combat drug
lords, terrorists, weapons of mass destruction proliferators,
rogue nations and other threats. This amount is $7,400,000
above the request, and recognizing the importance of these
activities, funding for this office is provided in a separate
appropriation from other Treasury offices.
In order to pay for these priorities while still
significantly reducing overall spending, the Committee has
reduced the operating expenses for all non-security related
Department of Treasury offices and bureaus, the Executive
Office of the President, the Federal courts, and nearly every
independent agency funded by this bill. In addition, the
Committee has eliminated funding for new construction and major
renovations of Federal buildings. The Committee believes before
new space is added to the Federal inventory, the Executive
Branch should make better use of its existing space.
In addition to reducing the operating costs of nearly every
agency in the bill, the Committee has prohibited funding for
specific activities that the Committee believes inhibit
economic recovery and fiscal sustainability. These funding
limitations prohibit funds for implementation of the individual
mandate from the healthcare reform act, operating an unverified
consumer complaint database, imposing burdensome regulations on
the Internet, executing the outdated Presidential Election
Campaign Fund, hiring certain unconfirmed Czars, and
reinstating the Fairness Doctrine.
The bill also provides for increased transparency and
Congressional oversight of recently created agencies such as
the Office of Financial Stability, the Office of Financial
Research, and the Consumer Financial Protection Bureau. These
reforms will allow Congress and the American people to better
understand the activities of these organizations which
currently have significant authority to spend taxpayer funds
without oversight.
OPERATING PLAN AND REPROGRAMMING PROCEDURES
The Committee will continue to evaluate reprogrammings
proposed by agencies. Although reprogrammings may not change
either the total amount available in an account or any of the
purposes for which the appropriation is legally available, they
represent a significant departure from budget plans presented
to the Committee in an agency's budget justification and
supporting documents, which are the basis of this
appropriations Act. The Committee expects agencies'
reprogramming requests to explain thoroughly the reasons for
the reprogramming and to include an assessment of whether the
reprogramming will affect budget requirements for the
subsequent fiscal year.
Section 608 of this Act requires agencies or entities
funded by the Act to notify the Committee and obtain prior
approval from the Committee for any reprogramming of funds
that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds or personnel for any
program, project, or activity for which funds have been denied
or restricted by the Congress; (4) proposes to use funds
directed for a specific activity by either the House or Senate
Committees on Appropriations for a different purpose; (5)
augments existing programs, projects, or activities in excess
of $5,000,000 or 10 percent, whichever is less; (6) reduces
existing programs, projects, or activities by $5,000,000 or 10
percent, whichever is less; or (7) creates or reorganizes
offices, programs, or activities.
Additionally, the Committee expects to be promptly notified
of all reprogramming actions which involve less than the above-
mentioned amounts if such actions would have the effect of
significantly changing an agency's funding requirements in
future years, or if programs or projects specifically cited in
the Committee's reports are affected by the reprogramming.
Reprogrammings meeting these criteria must be approved by the
Committee regardless of the amount proposed to be moved.
Section 608 also requires agencies to consult with the
Committees on Appropriations prior to any significant
reorganization or restructuring of offices, programs, or
activities. This provision applies regardless of whether the
reorganization or restructuring involves a reprogramming of
funds. Agencies are encouraged to consult with the Committees
early in the process so that any questions or concerns the
Committees may have can be addressed in a timely manner.
Agencies are directed under section 608 to submit operating
plans for the Committee's review within 60 days of the bill's
enactment. Each operating plan should include: (1) a table for
each appropriation with a separate column to display the
President's budget request, adjustments made by Congress,
adjustments due to enacted rescissions, if appropriate, and the
fiscal year enacted level; (2) a delineation in the table for
each appropriation both by object class and program, project,
and activity as detailed in the budget appendix for the
respective appropriation; and (3) an identification of items of
special congressional interest.
TITLE I--DEPARTMENT OF THE TREASURY
Departmental Offices
SALARIES AND EXPENSES
Appropriation, fiscal year 2011....................... $306,388,000
Budget request, fiscal year 2012...................... 324,889,000
Recommended in the bill............................... 185,749,000
Bill compared with:
Appropriation, fiscal year 2011................... -120,639,000
Budget request, fiscal year 2012.................. -139,140,000
The Departmental Offices' function in the Treasury
Department is to support the Secretary of the Treasury in his
capacity as the chief operating executive of the Department and
in his role in determining the tax, economic, and financial
management policies of the Federal government. The Secretary's
responsibilities funded by the Salaries and Expenses
appropriation include: recommending and implementing domestic
and international economic and tax policy; providing
recommendations regarding fiscal policy; governing the fiscal
operations of the government; managing the public debt;
managing development of financial policy; representing the U.S.
on international monetary, trade and investment issues;
overseeing Treasury Department overseas operations; directing
the administrative operations of the Treasury Department; and
providing executive oversight of the bureaus within the
Treasury Department.
COMMITTEE RECOMMENDATION
The Committee recommends $185,749,000 for Departmental
Offices, Salaries and Expenses, which is $120,639,000 less than
fiscal year 2011 and $139,140,000 less than the request. Of the
funds provided, $7,000,000 is available until September 30,
2013, for information technology and the Office of Critical
Infrastructure Protection and Compliance Policy and $6,787,000
is for financial statement audits.
Beginning fiscal year 2012, the Committee provides a
separate appropriation for the Department's Office of Terrorism
and Financial Intelligence (TFI) from the ``Departmental
Offices'' account.
Operating Plan.--The Committee directs the Department to
submit an operating plan for the fiscal year 2012 resources
provided to the Department, including all offices and bureaus,
not more than 60 days after enactment of this Act. The plan
must include information on program changes and major
procurements at the Department.
Judgment Fund Transparency.--The Secretary of the Treasury
shall submit to the Committee and make available to the public
on its website an annual report about payments made under 31
U.S.C. 1304 for the fiscal year. Unless the disclosure of such
information is otherwise prohibited by law or court order, the
report shall consist of: (1) the name of the plaintiff or
claimant, (2) the name of the counsel for the plaintiff or
claimant; (3) the name of the agency that submitted the claim;
(4) a brief description of the facts that gave rise to the
claim; and (5) the amount paid representing principal, attorney
fees, and interest, if applicable. The first report is due
within 60 days of enactment of this Act.
Volcker Rule.--In Public Law 111-203, subsequent to a study
issued by the Financial Stability Oversight Council (FSOC),
Congress directed FSOC to coordinate the efforts of the
appropriate Federal banking regulators, the U.S. Securities and
Exchange Commission, and the U.S. Commodity Futures Trading
Commission to promulgate regulations, known as the ``Volcker
Rule,'' that ``appropriately accommodate the business of
insurance.'' The Committee believes that the traditional
investment activities of State-regulated insurance companies
for their general accounts, including investing in both
sponsored and third-party funds, are preserved by the law
without constraint.
The Committee is concerned the rule-making process is
moving forward without a Senate-confirmed, voting member of the
FSOC who can represent the views of the insurance industry. The
Committee looks forward to reviewing the proposed regulations
to ensure that Congressional intent is fulfilled.
Economic Warfare and Financial Terrorism.--Not later than
150 days after the enactment of this Act, the Committee directs
the Secretary to submit a report to the House and Senate
Appropriations Committees, the House Financial Services
Committee, the Senate Banking Committee and other Committees
the Department deems necessary regarding the potential risks to
U.S. financial markets and economy posed by economic warfare
and financial terrorism. The Secretary shall consider what
vulnerabilities currently exist and potentially may arise in
the future. In preparing the report, the Secretary shall
consult with appropriate agencies, departments, bureaus, and
commissions that have expertise in terrorism and complex
financial instruments. The report may be submitted in
classified and unclassified forms.
OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE
SALARIES AND EXPENSES
Appropriation, fiscal year 2011....................... $ - - -
Budget request, fiscal year 2012...................... - - -
Recommended in the bill............................... 100,000,000
Bill compared with:...................................
Appropriation, fiscal year 2011................... +100,000,000
Budget request, fiscal year 2012.................. +100,000,000
When the Administration was preparing its 2011 budget
request during the summer and fall of 2010, it could never have
imagined that a desperately discouraged vegetable vendor in
Tunisia would give rise to the protests in Tunisia and
elsewhere such as Libya, Egypt, Syria, and Yemen. The resulting
uncertainty and instability creates opportunities for
organizations and persons who harbor ill-will against America
and Americans.
The Arab Spring Uprising warrants both diligence and
vigilance. Financial capital has no respect for geographical
boundaries; it will flow in the direction of least resistance.
Economic and trade sanctions issued and enforced by Office of
Terrorism and Financial Intelligence's (TFI) Office of Foreign
Assets Control protect the financial system from being polluted
with criminal and illicit activities and counteract national
security threats from drug lords, terrorists, weapons of mass
destruction proliferators, and rogue nations, among others. In
addition to the enforcement of sanctions, TFI also produces
vital analysis with regards to foreign intelligence and
counterintelligence across all elements of the national
security community.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $100,000,000
for the Office of Terrorism and Financial Intelligence to carry
out TFI's central role in detecting and defeating security
threats and separates its appropriation from the ``Departmental
Offices'' account, where it was historically funded. The
recommended level is the same as fiscal year 2011 amount
provided for these activities within ``Departmental Offices''
and is $7,400,000 more than the request also within
``Departmental Offices''. The Committee is distressed that the
Administration would propose reducing financial intelligence
activities while proposing increases for other headquarter
offices.
The Committee is aware that on January 28, 2011, the
Treasury Department's Office of Foreign Asset Control (OFAC)
finalized regulations amending the Cuban Assets Control
Regulations to implement policy changes announced by the
President on January 14, 2011. Among other changes, the new
regulations permit OFAC to issue specific licenses on a case-
by-case basis authorizing travel related transactions incident
to educational exchanges not involving academic study pursuant
to a degree program when those exchanges take place under the
auspices of an organization that sponsors and organizes such
programs to promote people-to-people contacts. The Committee
understands that, at present, there is a considerable number of
permit applications related to these specific licenses in the
queue awaiting a decision on issuance. The Committee directs
OFAC to provide the Committee a report on the current number of
pending applications seeking specific licenses related to these
particular educations exchanges, OFAC's plan for moving through
the queue awaiting a decision, the number of these licenses
that OFAC has issued to date, and OFAC's plan for expeditiously
reviewing these applications in the future.
BUREAU OF CONSUMER FINANCIAL PROTECTION
ADMINISTRATIVE PROVISIONS--BUREAU OF CONSUMER FINANCIAL PROTECTION
To demonstrate its commitment to doing away with the fine
print, the Bureau of Consumer Financial Protection (BCFP)
provided a scintilla of budget material to Congress, consisting
of broad policy objectives and total budgetary resources.
Unlike other agencies, the BCFP does not describe or explain
the relationship between its policy objectives and the
budgetary resources, performance measures or goals, significant
proposals that effect obligations in the five to ten year
period and their relationship to the current year and budget
year, or the budgetary effect of workload, strategic planning,
capital planning, or investments in information technology. In
the absence of this fine print, the Committee cannot discern
what the BCFP plans to do, how it will do it, or how much it
will cost.
The Committee is disappointed that an agency dedicated to
transparency and accountability was not more forthcoming about
how it plans to spend taxpayer money and remedies this
informational vacuum with sections 101 and 102.
Section 101. The Committee includes language limiting the
transfer from the Federal Reserve to the BCFP to $200,000,000
for fiscal year 2012. In addition, language is included
limiting the BCFP's authority to obligate funding to
$200,000,000 for fiscal year 2012. These reforms will allow
Congress and the American people to understand better the
activities of the BCFP, which currently has significant
authority to spend taxpayer funds without oversight or input
from Congress.
The limitation is $129,045,000, or 39 percent, less than
the request for $329,045,000 and approximately $500 million, or
71 percent, less than the $700 million authorized in the Dodd-
Frank Wall Street Reform and Consumer Protection Act.
Section 102. The Committee includes language making the
BCFP's funding subject to the annual appropriations process
beginning in fiscal year 2013. Under the Dodd-Frank Wall Street
Reform and Consumer Protection Act, the BCFP can spend more
than half a billion dollars without regard to the Congress. The
Committee believes this provision will routinize the exchange
of information between the BCFP and Congress. The BCFP needs
oversight as much as banks and nonbanks do. Applying a
budgetary check and balance to the BCFP is the first step
toward repairing a relationship with Congress that can best be
described as uneven.
Operating Plan.--The Committee directs the BCFP to submit
an operating plan within 60 days of enactment of this Act. The
plan shall also include how the BCFP plans to allocates
resources, both funds and staff, by type of financial
institution, financial product and service, and consumer. The
plan will also compare the risks of each category with the
resources allocated for it.
Responsible Leadership Structure.--The Committee's
experience with the Federal Trade Commission, Securities and
Exchange Commission, Federal Communications Commission,
Consumer Product Safety Commission, and other Federal agencies
with powers to protect consumers or investors leads it to
conclude that a five-member commission is more suitable for
guiding the BCFP than a single director. A commission ensures
that multiple disciplines, experiences, and perspectives are
brought to bear on the BCFP's rules, policies, and enforcement
actions. The appointment and removal process and staggered
terms of the commissioners can provide both a check and balance
and measure of continuity that single head cannot. The
Committee strongly supports H.R. 1121 as ordered to be reported
by the House Financial Services authorizing committee, which
replaces the BCFP's director with a five-member commission.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
Appropriation, fiscal year 2011....................... $29,641,000
Budget request, fiscal year 2012...................... 29,855,000
Recommended in the bill............................... 29,641,000
Bill compared with:
Appropriation, fiscal year 2011................... - - -
Budget request, fiscal year 2012.................. -214,000
The Office of Inspector General (OIG) provides agency-wide
audit and investigative functions to identify and correct
operational and administrative deficiencies that create
conditions for fraud, waste, and mismanagement. The audit
function provides contract, program, and financial statement
audit services. Contract audits provide professional advice to
agency contracting officials on accounting and financial
matters relative to negotiation, award, administration,
repricing, and settlement of contracts. Program audits review
and evaluate all facets of agency operations. Financial
statement audits assess whether financial statements fairly
present the agency's financial condition and results of
operations, the adequacy of accounting controls, and compliance
with laws and regulations. The investigative function provides
for the detection and investigation of improper and illegal
activities involving programs, personnel, and operations.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $29,641,000
for the OIG, which is the same as the fiscal year 2011 and
$214,000 less than the request. For the past decade, the OIG
has had little time for program audits and investigations
because the extraordinary rate of bank failures generated an
extraordinary number of material loss reviews. Beginning in
2011, the number of material loss reviews should decline
because the Dodd-Frank Wall Street Reform and Consumer
Protection Act raised the threshold of a material loss review
from $25 million in losses to $200 million in 2011, to $150
million in 2012 and 2013, and $50 million thereafter. The
Committee expects this change in workload to allow the OIG
significantly more time for oversight of the Department's
programs, expenses, and practices.
TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION
SALARIES AND EXPENSES
Appropriation, fiscal year 2011....................... $151,696,000
Budget request, fiscal year 2012...................... 157,831,000
Recommended in the bill............................... 151,696,000
Bill compared with:
Appropriation, fiscal year 2011................... - - -
Budget request, fiscal year 2012.................. -6,135,000
The Internal Revenue Service (IRS) Restructuring and Reform
Act of 1998 established the Office of Treasury Inspector
General for Tax Administration (TIGTA) and abolished the IRS
Office of the Chief Inspector. TIGTA conducts audits,
investigations, and evaluations to assess the operations and
programs of the IRS and its related entities, the IRS Oversight
Board, and the Office of Chief Counsel. The purpose of those
audits and investigations is as follows: (1) to promote the
economic, efficient, and effective administration of the
Nation's tax laws and to detect and deter fraud and abuse in
IRS programs and operations; and (2) to recommend actions to
resolve fraud and other serious problems, abuses, and
deficiencies in these programs and operations.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $151,696,000
for the TIGTA, the same as fiscal year 2011 and $6,135,000 less
than the request.
The Committee appreciates TIGTA's previous work on identity
theft and encourages TIGTA to continue working on this issue by
evaluating (1) whether the policies of the IRS Office of
Privacy, Information Protection and Data Security are
integrated into IRS's division operations, (2) whether the IRS
is keeping reliable records for quantifying the number of
identity thefts, (3) whether the IRS is developing effective
tools for detecting and preventing identity theft, and (4)
whether the IRS is providing responsive and courteous victim
assistance.
Not later than 60 days after enactment of this Act, TIGTA
shall submit a report to the House and Senate Committees on
Appropriations on the extent to which IRS employees use tax
preparation software or hire tax preparation professionals and
how those rates compare to the general public.
SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF PROGRAM
SALARIES AND EXPENSES
Appropriation, fiscal year 2011....................... $36,227,000
Budget request, fiscal year 2012...................... 47,374,000
Recommended in the bill............................... 41,801,000
Bill compared with:
Appropriation, fiscal year 2011................... +5,574,000
Budget request, fiscal year 2012.................. -5,573,000
The Office of the Special Inspector General for the
Troubled Asset Relief Program (SIGTARP) was established in the
Emergency Economic Stabilization Act of 2008 (Public Law 110-
343). Its mission is to conduct, supervise, and coordinate
audits and investigations of the purchase, management, and sale
of assets by the Secretary of the Treasury under programs
established pursuant to the Troubled Asset Relief Program
(TARP).
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $41,801,000
for operating expenses of the SIGTARP, which is $5,574,000 more
than fiscal year 2011 and $5,573,000 less than the request.
SIGTARP's operating expenses were initially funded with
mandatory appropriations in the TARP. These funds, however,
were provided for a limited amount, decreasing over time.
Therefore, in order to continue vigorous oversight of the
outstanding TARP amounts, additional discretionary
appropriations are provided. As TARP winds down, the Committee
expects the request for discretionary appropriations in this
account to also wind down in future years.
Financial Crimes Enforcement Network
SALARIES AND EXPENSES
Appropriation, fiscal year 2011....................... $110,788,000
Budget request, fiscal year 2012...................... 84,297,000
Recommended in the bill............................... 110,788,000
Bill compared with:
Appropriation, fiscal year 2011................... - - -
Budget request, fiscal year 2012.................. +26,491,000
The Financial Crimes Enforcement Network (FinCEN) is
responsible for implementing Treasury's anti-money laundering
regulations through administration of the Bank Secrecy Act
(BSA). It also serves as a U.S. Government source for the
systematic collection and analysis of information to assist in
the investigation of money laundering and other financial
crimes. FinCEN supports law enforcement investigative efforts
by Federal, State, local and international agencies, and
fosters interagency and global cooperation against domestic and
international financial crimes.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $110,788,000
for FinCEN, which is the same as fiscal year 2011 and
$26,491,000 more than the request. Of the amount provided,
$20,000,000 is available until September 30, 2014.
The recommended amount is intended to continue FinCEN's
multi-year effort to modernize its information technology
systems and to ensure FinCEN's information is accessible to the
appropriate State and local law enforcement personnel, field
representatives, and the intelligence community. The data
compiled and analyzed by FinCEN is a critical tool used by law
enforcement and the intelligence community for investigating,
among other crimes, money laundering, mortgage fraud, drug
cartels, and terrorist financing. The Committee is dismayed
that the Administration proposed $3 million in reductions for
State and local and intelligence community access to BSA
information and rejects these reductions in their entirety. The
Committee expects the Department and the Office of Management
and Budget to continue to vigorously oversee the information
technology modernization effort to ensure its success.
Treasury Forfeiture Fund
(RESCISSION)
Appropriation, fiscal year 2011....................... -$400,000,000
Budget request, fiscal year 2012...................... -600,000,000
Recommended in the bill............................... -630,000,000
Bill compared with:
Appropriation, fiscal year 2011................... -230,000,000
Budget request, fiscal year 2012.................. -30,000,000
The Committee recommends a rescission of $630,000,000 of
unobligated balances in the Treasury Forfeiture Fund, which is
$230,000,000 more than fiscal year 2011 and $30,000,000 more
than the request.
The Committee appreciates the risks and dangers assumed by
Internal Revenue Service and Homeland Security law enforcement
agents to disrupt and dismantle criminal enterprises. One
outcome of their successes is the exceptionally large
forfeitures of property and assets in recent years.
Financial Management Service
SALARIES AND EXPENSES
Appropriation, fiscal year 2011....................... $232,786,000
Budget request, fiscal year 2012...................... 218,805,000
Recommended in the bill............................... 216,617,000
Bill compared with:
Appropriation, fiscal year 2011................... -16,169,000
Budget request, fiscal year 2012.................. -2,188,000
The Financial Management Service (FMS) is the Federal
government's central financial agent, collecting all Federal
revenue and disbursing all Federal payments. FMS also develops
and implements reliable and efficient financial methods and
systems to operate the government's cash management, credit
management, and debt collection programs in order to maintain
government accounts and report on the status of the
government's finances. In addition, the FMS is the primary
agency for collecting Federal non-tax debt owed to the
government.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $216,617,000
for the FMS, which is $16,169,000 less than fiscal year 2011
and $2,188,000 less than the request. Of the funds provided,
$4,120,000 is available until September 30, 2014, for
addressing information system modernization and $2,500 for
official reception and representation expenses.
The Committee notes that this funding reduction is
attainable through a number of efficiency savings assumed in
the request, such as paperless transactions, space and data
consolidation, and the revaluation of new systems. The
Committee appreciates the FMS's self-discipline and economy.
Alcohol and Tobacco Tax and Trade Bureau
SALARIES AND EXPENSES
Appropriation, fiscal year 2011....................... $100,798,000
Budget request, fiscal year 2012...................... 97,878,000
Recommended in the bill............................... 96,899,000
Bill compared with:
Appropriation, fiscal year 2011................... -3,899,000
Budget request, fiscal year 2012.................. -979,000
The Alcohol and Tobacco Tax and Trade Bureau (TTB) is
responsible for the enforcement of laws designed to eliminate
certain illicit activities and to regulate lawful activities
relating to distilled spirits, beer, wine and nonbeverage
alcohol products, and tobacco. TTB focuses on collecting
revenue; reducing taxpayer burden and improving service while
preventing diversion; and protecting the public and preventing
consumer deception in certain regulated commodities.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $96,899,000
for the TTB, which is $3,899,000 less than fiscal year 2011 and
$979,000 less than the request. Within the amount provided, the
bill includes up to $6,000 for official reception and
representation expenses and up to $50,000 for cooperative
research and development programs, as requested.
The Committee appreciates the Bureau's restraint and
resourcefulness. The recommended reduction is accomplished
through the Bureau's initiatives to simplify reporting
requirements and reduce overhead and operations.
United States Mint
UNITED STATES MINT PUBLIC ENTERPRISE FUND
The United States Mint manufactures coins, receives
deposits of gold and silver bullion, and safeguards the Federal
Government's holdings of monetary metals. In 1997, Congress
established the United States Mint Public Enterprise Fund
(Public Law 104-52), which authorized the Mint to use proceeds
from the sale of coins to finance the costs of its operations
and consolidated all existing Mint accounts into a single fund.
Public Law 104-52 also provided that, in certain situations,
the levels of capital investments for circulating coins and
protective services shall factor into the decisions of the
Congress.
COMMITTEE RECOMMENDATION
The Committee recommends a spending level for capital
investments by the Mint for circulating coinage and protective
services of $20,000,000, which is $6,700,000 less than the
fiscal year 2011 and the same as the request.
Bureau of the Public Debt
ADMINISTERING THE PUBLIC DEBT
Appropriation, fiscal year 2011....................... $184,635,000
Budget request, fiscal year 2012...................... 173,635,000
Recommended in the bill............................... 171,979,000
Bill compared with:
Appropriation, fiscal year 2011................... -12,656,000
Budget request, fiscal year 2012.................. -1,656,000
The Bureau of the Public Debt is responsible for the
conduct of all public debt operations and the promotion of the
sale of U.S. securities.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $171,979,000
for Administering the Public Debt, which is $12,656,000 less
than fiscal year 2011 and $1,656,000 less than the request. Of
this amount, the Committee recommends $2,500 for official
reception and representation expenses and $10,000,000 is
available until September 30, 2013. Language is included that
reduces the total amount by no more than $8,000,000 as
definitive security issue fees and Treasury Direct Investor
Account Maintenance fees are collected, so as to result in a
final fiscal year 2012 appropriation of $163,979,000.
The Committee notes that the recommendation, which is below
the fiscal year 2011 level and the request, is possible due to
a number of efficiency savings assumed in the budget
submission. The Committee is pleased with the Bureau's earnest
efforts to reduce costs through data center consolidation,
paperless transactions, and decommissioning legacy systems.
Community Development Financial Institutions Fund Program Account
Appropriation fiscal year 2011........................ $226,546,000
Budget request, fiscal year 2012...................... 227,259,000
Recommended in the bill............................... 183,000,000
Bill compared with:
Appropriation, fiscal year 2011................... -43,546,000
Budget request, fiscal year 2012.................. -44,259,000
The Community Development Financial Institutions (CDFI)
Fund provides grants, loans, equity investments, and technical
assistance, on a competitive basis, to new and existing CDFIs
such as community development banks, community development
credit unions, and housing and microenterprise loan funds.
Recipients use the funds to support mortgage, small business
and economic development lending in underserved and distressed
neighborhoods and to support the availability of financial
services in these neighborhoods. The Fund is also responsible
for implementation of the New Markets Tax Credits.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $183,000,000
for the CDFI Fund program, which is $43,546,000 less than
fiscal year 2011 and $44,259,000 less than the request. Of the
amounts provided, $22,965,000 is for the administrative
expenses for all programs. The Committee recommends a set-aside
of $12,000,000 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. No funds are designated
for either the Bank on USA or Healthy Food Financing Initiative
programs.
The Committee notes the strong support for the core CDFI
financial and technical assistance and New Markets Tax Credits
(NMTC) programs. The presence of these programs is especially
evident in urban, metropolitan areas. The Committee directs the
General Accountability Office to conduct a study on the
concentration of CDFIs and NMTCs in urban areas and to comment
on the extent that program design, administration, or history
contributed to the early establishment of CDFIs in urban areas
by April 2012.
The Committee strongly encourages the CDFI Fund to continue
to place a heavy emphasis on efforts related to affordable
housing, business assistance, and community services such as
child care, health care, education, and job training rather
than creating specialized programs, initiatives, or other
variations of financial and technical assistance. The Committee
includes language to require the Department to demonstrate the
effectiveness of any such assistance in meeting the findings in
the Riegle Act.
The Committee requires more detailed information on how the
Healthy Food Financing Initiative, which was implemented in
2011, was executed and if providing financing for private
investment is the best approach to increase the consumption of
targeted foods. Therefore, the Department of Treasury is
directed to provide the Committee with a report by May 2012
outlining how this program was administered, including the
specific criteria and processes that were used to make grant
awards. The report shall also address why this is a better
approach, both for the taxpayer and the underserved, than other
alternative programs such as food assistance programs.
Internal Revenue Service
TAXPAYER SERVICES
Appropriations, fiscal year 2011...................... $2,274,272,000
Budget request, fiscal year 2012...................... 2,345,133,000
Recommended in the bill............................... 2,165,756,000
Bill compared with:
Appropriation, fiscal year 2011................... -108,516,000
Budget request, fiscal year 2012.................. -179,377,000
The Taxpayer Services appropriation provides for taxpayer
services, including forms and publications; processing tax
returns and related documents; filing and account services;
taxpayer advocacy services; and assisting taxpayers to
understand their tax obligations, correctly file their returns,
and pay taxes due in a timely manner.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $2,165,756,000
for Taxpayer Services, which is $108,516,000 less than fiscal
year 2011 and $179,377,000 less than the request. The Committee
adopts the Administration's proposed funding request for the
taxpayer services grant programs with the exception of
Volunteer Income Tax Assistance (VITA) grants and instead
recommends an amount $4,000,000 more than the request. As such,
the bill provides not less than $5,100,000 for Tax Counseling
for the Elderly grants, provides not less than $9,500,000 for
low-income taxpayer clinic grants, and not less than
$12,000,000 for VITA grants. In addition, the Committee
recommends not less than $200,000,000 for operating expenses of
the Taxpayer Advocate Service.
The Committee recommends moving the Health Insurance Tax
Credit Administration (HITCA) appropriation into the Taxpayer
Service appropriations and provides not less than $15,481,000
for expenses necessary to administer the tax credit included in
Title II of Division A of Public Law 107-210, the Trade Act of
2002.
Pre-Filled or ``Simple'' Tax Returns.--The Committee
appreciated the Commissioner's March 2011 testimony and the
assurances that the IRS is not developing a pre-filled or
``simple'' tax return program. The Committee believes that
converting a voluntary compliance system to a bill presentment
model would represent a significant change in the relationship
between taxpayers and their government. The simple return model
would also strain IRS resources and the data retrieval systems
required would create new burdens on employers, particularly
small businesses. In addition, a fundamental conflict of
interest seems to be inherent in the nation's tax collector and
compliance enforcer taking on the simultaneous role of tax
preparer and financial advisor. The Committee expects that the
IRS will not begin work on a simple tax return pilot program or
associated systems without first seeking specific authorization
and appropriations from Congress, and should instead focus on
helping Congress and the Administration achieve real tax
simplification and reform.
ENFORCEMENT
Appropriation, fiscal year 2011....................... $5,492,992,000
Budget request, fiscal year 2012...................... 5,966,619,000
Recommended in the bill............................... 5,226,603,000
Bill compared with:...................................
Appropriation, fiscal year 2011................... -266,389,000
Budget request, fiscal year 2012.................. -740,016,000
The Enforcement appropriation provides for the examination
of tax returns, both domestic and international; the
administrative and judicial settlement of taxpayer appeals of
examination findings; technical rulings; monitoring employee
pension plans; determining qualifications of organizations
seeking tax-exempt status; examining tax returns of exempt
organizations; enforcing statutes relating to detection and
investigation of criminal violations of the internal revenue
laws; identifying underreporting of tax obligations; securing
unfiled tax returns; and collecting unpaid accounts.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $5,226,603,000
for Enforcement, which is $266,389,000 less than fiscal year
2011 and $740,016,000 less than the request. Of the funds
provided, the Committee recommends not less than $60,257,000 to
support IRS activities under the Interagency Crime and Drug
Enforcement program.
Refundable Tax Credits and Improper Payments.--Refundable
tax credits, such as the Earned Income Tax Credit (EITC) ($56
billion in outlays in fiscal year 2011), Child Tax Credit ($24
billion in outlays in fiscal year 2011), and upcoming
Healthcare Premium Assistance Credit ($44 billion in outlays in
fiscal year 2016), are among the government's largest transfers
of wealth. Consequently, these programs tempt many individuals
to make fraudulent claims or to invent tax scams, or worse,
lead innocent taxpayers to make mistakes due to the complexity
of the programs. Regardless, the resulting improper payments
add to the government's debt while reducing its credibility.
The recent experience of the multiple homebuyer tax credits
and the persistent rate improper payments in the EITC program
weigh heavily on the Committee. The Committee supports the
multiple efforts within Treasury and IRS to reduce improper
payments. The Committee directs the IRS to submit a report
within 180 days of enactment of this Act on actions taken to
reduce improper payments in the last year and to plans to
further reduce improper payments in the future in the area of
refundable tax credits.
Healthcare.--The Committee includes two new administrative
provisions, Sections 105 and 106, related to implementation of
the healthcare reform act. The healthcare reform act represents
the largest set of tax law changes in over 20 years with more
than 40 provisions that amend the tax code. Most of the tax
provisions become effective in 2014, but some provisions went
into effect immediately upon enactment, such as the small
business health care tax credit, the qualifying therapeutic
discovery credit, and the expanded adoption credit. During
fiscal years 2010 and 2011, the Department of Health and Human
Services allocated an estimated $60,000,000 to IRS for
healthcare implementation without the Committee's knowledge.
The Committee prohibits further such transfers.
The Committee also prohibits the IRS from using funds in
this Act to verify that individuals have healthcare coverage
and impose penalties on those who do not. Legally requiring
Americans to buy health insurance violates the basic principles
of freedom and individual choice. No American should be forced
to buy or purchase health insurance they neither want nor can
afford. The Federal government has never made the purchase of a
good or service a condition for being a law-abiding citizen.
Regulation of Paid Tax Preparers.--The Committee commends
the IRS for its initiative to register, test, and require
continuing education credits from paid tax preparers. The vast
majority of paid preparers are well-informed and law abiding,
and as Government Accountability Office has reported,
inaccuracies on preparers' returns are not necessarily the
fault of the preparer. Yet, as the IRS Taxpayer Advocate has
noted, a growing amount of qualitative research identifies
significant preparer misconduct, including misconduct that
would potentially trigger the IRS to impose civil or criminal
penalties. All preparers are subject to some oversight, but it
varies greatly depending on their professional affiliations and
the jurisdiction in which they practice. The use of paid
preparers has grown steadily in recent decades to approximately
60 percent. The Committee encourages the IRS to keep the
Committee updated on the work the IRS is doing in this area.
Historic Preservation Easements.--The Committee has heard
complaints from taxpayers about the Internal Revenue Service's
(IRS) administration of laws related to the charitable tax
deduction for the donation of preservation easements on
certified historic structures. The Committee understands that
easement donations are difficult to value and the IRS must be
vigilant against tax abuse. Nonetheless, the 2009 IRS Advisory
Council Report offered six recommendations for a fair and
expeditious resolution of these issues. Recognizing the
controversy surrounding this issue, the Committee calls upon
the IRS to review its policies related to the historical
easement deduction and report to the Committee on its process
for implementing the Council's recommendations within 90 days
of enactment of this Act.
OPERATIONS SUPPORT
Appropriation, fiscal year 2011....................... $4,075,716,000
Budget request, fiscal year 2012...................... 4,620,526,000
Recommended in the bill............................... 3,793,379,000
Bill compared with:
Appropriation, fiscal year 2011................... -282,337,000
Budget request, fiscal year 2012.................. -827,147,000
The Operations Support appropriation provides for overall
planning and direction of the IRS, including shared service
support related to facilities services, rent payments,
printing, postage, and security. Specific activities include
headquarters management activities such as strategic planning,
communications and liaison, finance, human resources, Equal
Employment Opportunity and diversity, research, information
technology, and telecommunications.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $3,793,379,000
for Operations Support, which is $282,337,000 less than fiscal
year 2011 and $827,147,000 less than the request. Of the funds
provided, not less than $2,000,000 is for the IRS Oversight
Board and $25,000 is for official reception and representation
expenses.
Information Security.--The Committee has previously
expressed concerns about the findings of GAO and TIGTA showing
that the IRS continues to have information security
vulnerabilities. Since the IRS possesses sensitive taxpayer
information for more than 140 million individual taxpayers, the
importance of ensuring effective security of information
systems at the IRS cannot be overstated. In a matter related to
information security, the Committee notes that identity theft
is growing with regards to tax fraud. In these cases,
taxpayers, who are otherwise complying with their tax
obligations, have their refunds delayed and are drawn
unwittingly into the IRS examination process. The IRS must
report to the Committee within 30 days of enactment of this Act
on the number of taxpayers who have had their tax return
rejected because their Social Security number was improperly
used by another individual to commit tax fraud. The report
shall include the average time to resolve the situation and
provide innocent taxpayers with their refund, when a refund is
due. In addition, the report shall provide the number of these
cases which were not resolved within 45 days and discuss the
actions the IRS plans to take to expedite resolution for these
taxpayers and to prevent similar identity theft issues from
taking place in the future.
BUSINESS SYSTEMS MODERNIZATION
Appropriation, fiscal year 2011....................... $263,369,000
Budget request, fiscal year 2012...................... 333,600,000
Recommended in the bill............................... 330,000,000
Bill compared with:
Appropriation, fiscal year 2011................... +66,631,000
Budget request, fiscal year 2012.................. -3,600,000
The Business Systems Modernization (BSM) appropriation
provides funding to modernize key business systems of the
Internal Revenue Service.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $330,000,000
for BSM, which is $66,631,000 more than fiscal year 2011 and
$3,600,000 less than the request. Consistent with previous
years, the release of the funds, with the exception of funding
for labor costs, is subject to the approval by the Committees
on Appropriations of a GAO-reviewed expenditure plan.
IRS's information technology is frozen in the 1960's. IRS
still relies, in part, on magnetic tapes, uploaded on a weekly
basis, to process returns. IRS is keenly aware that overdue
notices cross paths with checks in the mail and that IRS's
delayed reactions aggrieve taxpayers. Currently, IRS systems
are written in COBOL, a programming language created in 1958.
The customer account data engine (CADE2) will move IRS into a
mix of COBOL and C++, which is a language created in 1979.
After CADE2 is launched in January 2012, IRS will begin re-
writing its applications into Java, which was released in 1995
and is among the most popular programming languages in use
today.
The current weekly data uploads mean that IRS staff has
seven days, or 168 hours, to take actions or make corrections.
By contrast, under CADE2, daily data uploads mean that IRS
staff will have 24 hours to take action or make corrections.
IRS staff and the offices that support them will have to act
faster than they have before. CADE2 will not only accelerate
the rate of tax return processing, but will also increase IRS
staff productivity and satisfaction. The ``green screens'' that
IRS staff currently work with will eventually migrate into
contemporary drop-down menus.
The Committee recognizes that the IRS has made progress in
implementing BSM milestones. The IRS is currently working on
its CADE2 program, to allow 140 million individual account
records to be stored in a modern database that has the
capability to update taxpayer account information on a daily
basis.
At the same time, the Committee notes that while successes
have been achieved, other challenges remain, such as preparing
and training staff and revising operating procedures in
anticipation of CADE2. The Committee expects strong IRS efforts
at improvement in all of these problem areas and looks forward
to continued progress in the overall BSM effort.
ADMINISTRATIVE PROVISIONS--INTERNAL REVENUE SERVICE
(INCLUDING TRANSFER OF FUNDS)
Section 103. The Committee continues a provision that
allows for the transfer of five percent (three percent in the
case of Enforcement) of any appropriation made available to the
IRS to any other IRS appropriation, upon the advance approval
of the Committees on Appropriations.
Section 104. The Committee continues a provision that
requires the IRS to maintain a training program in taxpayer
rights, dealing courteously with taxpayers, and cross-cultural
relations.
Section 105. The Committee modifies a provision that
requires the IRS to institute and enforce policies and
procedures that will safeguard the confidentiality of taxpayer
information to include protection against identity theft.
Section 106. The Committee continues a provision that makes
funds available for improved facilities and increased staffing
to provide efficient and effective 1-800 number help line
service for taxpayers.
Section 107. The Committee includes a new provision
prohibiting funds made available in this Act to implement the
individual mandate in the healthcare reform act.
Section 108. The Committee includes a new provision
prohibiting funds made available in the healthcare reform act
from being transferred to the IRS for implementing the
healthcare reform act.
Section 109. The Committee includes a new provision
requiring monthly reports from the Secretary about a proposed
regulation. The Committee understands the government's need to
increase transparency and to eliminate cross-border tax
evasion. However, the Committee is concerned that regulations
proposed by the Treasury Department may result in the flight of
foreign capital from U.S. banks as well as jeopardize the
safety of certain foreign nationals. These regulations would
require all banks to file informational returns with the
Internal Revenue Service about interest income earned on
accounts owned by all foreigners. According to the Commerce
Department, foreigners have $10.6 trillion passively invested
in the American economy, including nearly $3.6 trillion
reported by U.S. banks and securities brokers. Banks stand to
lose billions of dollars in foreign investment because many of
their customers would rather withdraw their funds and close
their accounts than be subjected to the possible disclosure of
their ownership of their U.S. accounts to their home country.
Many of these customers have concerns and fears about crime and
security in their home country and either distrust their
governments or financial institutions.
Administrative Provisions--Department of the Treasury
(INCLUDING TRANSFER OF FUNDS)
Section 110. The Committee continues a provision that
allows the Department to employ experts and consultants, with
or without compensation.
Section 111. The Committee continues a provision that
authorizes transfers, up to two percent, between ``Departmental
Offices--Salaries and Expenses'', ``Office of Terrorism and
Financial Intelligence'', ``Office of Inspector General'',
``Financial Management Service'', ``Alcohol and Tobacco Tax and
Trade Bureau'', ``Financial Crimes Enforcement Network'', and
the ``Bureau of the Public Debt'' appropriations under certain
circumstances.
Section 112. The Committee continues a provision that
authorizes transfers, up to two percent, between the Internal
Revenue Service and the Treasury Inspector General for Tax
Administration under certain circumstances.
Section 113. The Committee continues a provision limiting
funds for the purchase of law enforcement vehicles unless the
purchase is consistent with vehicle management principles.
Section 114. The Committee continues a provision that
prohibits the Department of the Treasury from undertaking a
redesign of the one dollar Federal Reserve note.
Section 115. The Committee continues a provision that
provides for transfers from and reimbursements to ``Financial
Management Service, Salaries and Expenses'' for the purposes of
debt collection.
Section 116. The Committee continues a provision extending
the pay demonstration program.
Section 117. The Committee continues a provision that
requires congressional approval for the construction and
operation of a museum by the United States Mint.
Section 118. The Committee continues a provision
prohibiting funds in this or any other Act from being used to
merge the Mint and the Bureau of Engraving and Printing without
the approval of the House and Senate Committees of
jurisdiction.
Section 119. The Committee includes a provision deeming
that funds for the Department of the Treasury's intelligence-
related activities are specifically authorized in fiscal year
2012 until enactment of the Intelligence Authorization Act for
fiscal year 2012.
Section 120. The Committee continues a provision permitting
the Bureau of Engraving and Printing to use $5,000 from the
Industrial Revolving Fund for reception and representation
expenses.
Section 121. The Committee includes a new provision that
allows currency paper contracts to exceed a period of four
years as requested by the Administration.
Section 122. The Committee includes a new provision as
requested by the Administration that requires persons who
exchange $10,000 or more in mutilated cash with the Bureau of
Engraving and Printing to also report their taxpayer
identification number.
Section 123. The Committee includes a new provision as
requested by the Administration that allows the Financial
Crimes Enforcement Network to share more information with their
foreign counterparts.
Section 124. The Committee includes a new provision as
requested by the Administration that subjects additional
individuals to disclosure prohibitions with regards to
Financial Crimes Enforcement Network activities.
Section 125. The Committee includes a new provision as
requested by the Administration that prohibits States from
disclosing Financial Crimes Enforcement Network information on
State websites.
Section 126. The Dodd-Frank Wall Street Reform and Consumer
Protection Act created the Office of Financial Research (OFR)
to support the Financial Stability Oversight Council by
collecting financial data and analyzing market activities.
After receiving start up funding from the Federal Reserve, OFR
has the authority to charge assessments to financial
institutions to fund its operating costs. The Dodd-Frank
legislation does not provide for any Congressional review in
the operations or funding level of this Office. The Committee
believes that neither OFR nor any other agency should have an
unchecked ability to charge fees and obligate funding for
administrative expenses. Therefore, the Committee has included
language limiting OFR's obligations to $64,468,000 during
fiscal year 2012.
Section 127. The Office of Financial Stability (OFS)
administers the Troubled Assets Relief Program for the
Department of Treasury. The Emergency Economic Stabilization
Act provides unlimited appropriations for the administrative
costs of OFS. The Committee does not believe that agencies
should have unlimited spending authority for administrative
expenses. In addition, section 129 terminates the Home
Affordable Modification Program which should dramatically
reduce OFS costs. Therefore, the Committee has included a new
provision that limits the obligations of the OFS to
$200,000,000 for fiscal year 2012.
Section 128. The Committee includes a new provision that
gives the Financial Crimes Enforcement Network access to a
small number of reports of cash payments over $10,000 received
in a trade or business that currently are only filed with the
Internal Revenue Service in instances in which bail is posted
in cash.
Section 129. The Committee includes a new provision that
terminates the unsuccessful Home Affordable Modification
Program (HAMP). The Special Inspector General for TARP
testified to the Financial Services Authorizing Committee that
HAMP ``benefits only a small portion of distressed homeowners,
offers others little more than false hope, and in certain cases
causes more harm than good.'' The Committee believes it is
critical to stop wasting taxpayer funding on this program.
TITLE II--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO
THE PRESIDENT
Funds appropriated in this title provide for the staff and
operations of the White House, along with other organizations
within the Executive Office of the President (EOP) which
formulate and coordinate policy on behalf of the President such
as the National Security Council and the Office of Management
and Budget. The title also includes the Office of National Drug
Control Policy and certain expenses of the Vice President.
The Committee recommends a total appropriation of
$639,553,000 for this title which is $65,692,000 less than the
fiscal year 2011 level and $99,784,000 less than the request.
The Committee is disappointed that the Administration's request
did not propose additional reductions for the EOP. The
Committee believes that the chief executive of any organization
experiencing a fiscal crisis should share in the funding
sacrifice along with the rest of the organization. Therefore,
the Committee has reduced the Salaries and Expenses
appropriation for each organization under this heading.
The White House
SALARIES AND EXPENSES
Appropriation, fiscal year 2011....................... $58,435,000
Budget request, fiscal year 2012...................... 58,374,000
Recommended in the bill............................... 55,513,000
Bill compared with:
Appropriation, fiscal year 2011................... -2,922,000
Budget request, fiscal year 2012.................. -2,861,000
The White House Salaries and Expenses account supports
staff and administrative services necessary for the direct
support of the President.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $55,513,000
for the White House, which is $2,922,000 less than fiscal year
2011 and $2,861,000 less than the request. The recommendation
includes sufficient funds to support the Office of National
AIDS Policy.
Executive Residence at the White House
OPERATING EXPENSES
Appropriation, fiscal year 2011....................... $13,673,000
Budget request, fiscal year 2012...................... 13,658,000
Recommended in the bill............................... 12,989,000
Bill compared with:
Appropriation, fiscal year 2011................... -684,000
Budget request, fiscal year 2012.................. -669,000
These funds provide for the care, maintenance, and
operation of the Executive Residence, including official and
ceremonial functions of the President.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $12,989,000
for the operating expenses of the Executive Residence, which is
$684,000 less than fiscal year 2011 and $669,000 less than the
request. The bill continues the same restrictions on
reimbursable expenses for use of the Executive Residence as
were included in past years.
White House Repair and Restoration
Appropriation, fiscal year 2011....................... $2,001,000
Budget request, fiscal year 2012...................... 1,000,000
Recommended in the bill............................... 1,000,000
Bill compared with:
Appropriation, fiscal year 2011................... -1,001,000
Budget request, fiscal year 2012.................. - - -
Funding in this account provides for the repair,
alteration, and improvement of the Executive Residence at the
White House.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $1,000,000 for
White House Repair and Restoration, which is $1,001,000 less
than fiscal year 2011 and the same as the request.
Council of Economic Advisers
SALARIES AND EXPENSES
Appropriation, fiscal year 2011....................... $4,192,000
Budget request, fiscal year 2012...................... 4,403,000
Recommended in the bill............................... 3,982,000
Bill compared with:
Appropriation, fiscal year 2011................... -210,000
Budget request, fiscal year 2012.................. -421,000
The Council of Economic Advisers analyzes the national
economy and its various segments, advises the President on
economic developments, recommends policies for economic growth
and stability, appraises economic programs and policies of the
Federal government, and assists in preparation of the annual
Economic Report of the President.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $3,982,000 for
the Council of Economic Advisers, which is $210,000 less than
the fiscal year 2011 level and $421,000 less than the request.
National Security Council and Homeland Security Council
SALARIES AND EXPENSES
Appropriation, fiscal year 2011....................... $13,048,000
Budget request, fiscal year 2012...................... 13,074,000
Recommended in the bill............................... 12,396,000
Bill compared with:
Appropriation, fiscal year 2011................... -652,000
Budget request, fiscal year 2012.................. -678,000
The National Security Council and the Homeland Security
Council have been combined to form the National Security Staff
which advises and assists the President in the integration of
domestic, foreign, military, intelligence, and economic aspects
of national security policy, and serves as the principal means
of coordinating executive departments and agencies in the
development and implementation of national security and
homeland security policies.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $12,396,000
for the National Security Council and Homeland Security
Council, which is $652,000 less than fiscal year 2011 and
$678,000 less than the request.
Office of Administration
SALARIES AND EXPENSES
Appropriation, fiscal year 2011....................... $115,049,000
Budget request, fiscal year 2012...................... 115,848,000
Recommended in the bill............................... 109,297,000
Bill compared with:
Appropriation, fiscal year 2011................... -5,752,000
Budget request, fiscal year 2012.................. -6,551,000
The Office of Administration is responsible for providing
administrative services to the Executive Office of the
President. These services include financial, personnel,
procurement, information technology, records management, and
general office services.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $109,297,000
for the Office of Administration, which is $5,752,000 less than
fiscal year 2011 and $6,551,000 less than the request. Of the
recommended amount, $10,670,000 is available until expended for
modernization of the information technology infrastructure
within the Executive Office of the President.
The Office of Administration is directed to provide an
annual report to the Committee at the same time the President's
budget is submitted to Congress, detailing its progress on
information technology modernization, including the amounts
obligated and expended (and for what purposes), specific
milestones achieved, and requirements and specific plans for
further investment.
Office of Management and Budget
SALARIES AND EXPENSES
Appropriation, fiscal year 2011....................... $91,750,000
Budget request, fiscal year 2012...................... 91,660,000
Recommended in the bill............................... 82,575,000
Bill compared with:
Appropriation, fiscal year 2011................... -9,175,000
Budget request, fiscal year 2012.................. -9,085,000
The Office of Management and Budget (OMB) assists the
President in the discharge of budgetary, economic, management,
and other executive responsibilities.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $82,575,000
for OMB, which is $9,175,000 less than fiscal year 2011 and
$9,085,000 less than the request. The recommendation also
continues several long-standing provisos, not requested by the
President, limiting certain OMB activities.
The Committee believes it is essential for Federal
departments and agencies to find and implement efficiencies in
their operations in order to be successful in setting and
meeting performance goals and reducing wasteful spending. The
Committee believes that use of successful business management
techniques including but not limited to continuous process
improvement methods can improve the utilization of resources.
The Committee encourages OMB and Federal agencies to use them.
In light of increased efforts to identify government-wide
efficiencies and properly anticipate the cost of major
infrastructure projects, the Committee instructs OMB to examine
and revise Circular A-94 as necessary and appropriate to
improve the guidance provided to agencies in conducting
benefit-cost analysis. The Committee expects OMB's review and
modernization of Circular A-94 to emphasize the importance of
incorporating life-cycle cost analysis. Moreover, this analysis
should be as accurate, complete and reflective of the real
costs and lifespans of materials as possible, including the use
of material-specific discount rates and maintenance scheduled
cost. OMB is directed to report to the Committee within 180
days of enactment of this Act on the status of reviewing
Circular A-94.
The Committee directs OMB to provide a spend plan for the
Office of the Intellectual Property Enforcement Coordinator
(IPEC) within 60 days of enactment of this Act. The spend plan
shall include details on the budgetary requriements necessary
to ensure IPEC can carry out its statutory mission.
Office of National Drug Control Policy
SALARIES AND EXPENSES
Appropriation, fiscal year 2011....................... $27,084,000
Budget request, fiscal year 2012...................... 23,413,000
Recommended in the bill............................... 23,000,000
Bill compared with:
Appropriation, fiscal year 2011................... -4,084,000
Budget request, fiscal year 2012.................. -413,000
The Office of National Drug Control Policy (ONDCP) was
established by the Anti-Drug Abuse Act of 1988 and most
recently reauthorized in 2006. The Office is the President's
primary source of support for counter-drug policy development
and program oversight. Its responsibilities include developing
and updating a National Drug Control Strategy, developing a
National Drug Control Budget, and coordinating and evaluating
the implementation of Federal drug control activities.
In addition, ONDCP manages several counter-drug programs
which are discussed under the ``Federal Drug Control Programs''
heading below. These include the High Intensity Drug
Trafficking Areas program and Drug-Free Communities grants.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $23,000,000
for ONDCP salaries and expenses, $4,084,000 less than fiscal
year 2011 and $413,000 less than the request. Of the amount
appropriated, $250,000 is for policy research and evaluation,
the same as the budget request.
The recommended level is lower than fiscal year 2011 and
the request because ONDCP activities are either reprioritized
or eliminated. The combination of these efforts reduces the
need for personnel and other resources funded under the
salaries and expenses account to manage ONDCP's activities. The
Committee expects ONDCP to focus resources on the counter-drug
policy development, coordination and evaluation functions which
are the primary mission of the Office and the original reason
for its existence.
FEDERAL DRUG CONTROL PROGRAMS
The Committee is recommending a significant change in
funding levels for several Federal drug control programs
managed by ONDCP, based on evaluations and assessments of
relative effectiveness. No appropriation is provided for the
anti-drug media campaign and related activities. Instead,
resources are redirected to restore funding for the High-
Intensity Drug Trafficking Areas Program to the fiscal year
2011 level.
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2011....................... $238,522,000
Budget request, fiscal year 2012...................... 200,000,000
Recommended in the bill............................... 238,522,000
Bill compared with:
Appropriation, fiscal year 2011................... - - -
Budget request, fiscal year 2012.................. +38,522,000
The High Intensity Drug Trafficking Areas (HIDTA) Program
provides resources to Federal and State, local, and tribal
agencies in designated HIDTAs to combat the production,
transportation and distribution of illegal drugs; to seize
assets derived from drug trafficking; to address violence in
drug-plagued communities; and to disrupt the drug marketplace.
Currently, 28 HIDTAs operate in 45 States plus the District
of Columbia, Puerto Rico, and the Virgin Islands. Each HIDTA is
managed by an Executive Board composed of equal numbers of
Federal, State, local or tribal officials. Each HIDTA Executive
Board is responsible for designing and implementing initiatives
for the specific drug trafficking threats in its region.
Intelligence and information sharing are key elements of all
HIDTA programs.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $238,522,000
for the HIDTA Program, the same as the fiscal year 2011 level
and $38,522,000 more than the request. The Committee believes
that the HIDTA program has demonstrated its effectiveness and
can serve as an important tool in combating problems of drug
trafficking and drug-related violence.
The Committee includes language requiring that existing
HIDTAs receive funding at least equal to the fiscal year 2011
base allocation level unless the Director submits a
justification for doing otherwise to the Committees on
Appropriations, based on clearly articulated priorities and
published performance measures.
The recommendation includes language directing ONDCP to
notify the Committees on Appropriations of the initial
allocation of HIDTA funds not later than 45 days after
enactment, and to notify the Committees of the proposed use of
discretionary funds not later than 90 days after enactment. The
language directs the ONDCP Director to work in consultation
with the HIDTA Directors in determining the uses of that
discretionary funding.
Finally, the Committee recommendation specifies that up to
$2,700,000 may be used for auditing services and related
activities.
OTHER FEDERAL DRUG CONTROL PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2011....................... $140,618,000
Budget request, fiscal year 2012...................... 143,600,000
Recommended in the bill............................... 101,978,000
Bill compared with:
Appropriation, fiscal year 2011................... -38,640,000
Budget request, fiscal year 2012.................. -41,622,000
This account supports a variety of other drug control
activities managed or undertaken by ONDCP.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $101,978,000
for Other Federal Drug Control Programs, which is $38,640,000
less than fiscal year 2011 and $41,622,000 less than the
request. The recommended level for fiscal year 2012 is
distributed among specific programs and activities as follows:
Drug-Free Communities................................. $88,600,000
Media and outreach activities......................... - - -
Anti-Doping activities................................ 8,982,000
World Anti-Doping Agency dues......................... 1,896,000
Discretionary grants.................................. 2,500,000
Within the total for the account, the Committee recommends
$88,600,000 for the Drug-Free Communities program, $6,210,000
less than fiscal year 2011 and the same as the request. This
program makes grants of up to $125,000 per year to support
local coalitions to develop and implement community-based plans
to reduce drug abuse among youth. These coalitions are required
to include participants from a wide range of interests,
including local government agencies, schools, the media,
service organizations, law enforcement, parents, youth, and the
business community. Local matching contributions are required.
Grants are awarded on a competitive basis, and may be renewed
for up to five years, after which time the coalition must
compete again for any further funding.
Within this account, the Committee recommends no funding
for media and outreach, rather than the $34,930,000
appropriated in fiscal year 2011 or the $45,000,000 included in
the request for the National Youth Anti-Drug Media Campaign.
While the goals of this program are laudable, the Committee's
recommendation is guided by the results of evaluations of the
media campaign which indicate that its effectiveness has been
limited. The Committee directs resources where they are likely
to do the most good, and thus recommends an increase above the
request for the High-Intensity Drug Trafficking Areas program
which the Committee believes is a better use of scarce funds.
Additionally, the Committee includes $2,500,000 for ONDCP
for a competitive discretionary grant program to implement
programs authorized by the Office of National Drug Control
Policy Reauthorization Act of 2006 (Public Law 109-469).
Integrated, Efficient and Effective Uses of Information Technology
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2011....................... $- - -
Budget request, fiscal year 2012...................... 60,000,000
Recommended in the bill............................... 5,000,000
Bill compared with:
Appropriation, fiscal year 2011................... +5,000,000
Budget request, fiscal year 2012.................. -55,000,000
These funds support efforts to improve the Federal
Government's investments in information technology (IT).
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $5,000,000 for
this new appropriation account managed by the Office of
Management and Budget. The recommendation is $55,000,000 less
than the request.
The Committee appreciates the Administration's efforts to
improve program and contract management of IT investments as
well as the Administration's efforts to utilize cloud computing
and consolidate data centers. However, much more needs to be
done to improve the management of the Federal government's
$80,000,000,000 annual investment in IT. The recommendation
only provides $5,000,000 of the amount requested because the
Committee is wary that providing additional funding for this
program will result in real budget savings. In order to better
understand the results of the Administration's IT reform
efforts and the savings generated, bill language is included
requiring the submission of monthly reports on savings
identified by fiscal year, agency and appropriation. This
information will not only inform the Committee on the results
of OMB's IT reforms but will also inform the Committee's
decisions on funding IT projects in agencies across the Federal
government.
Special Assistance to the President
SALARIES AND EXPENSES
Appropriation, fiscal year 2011....................... $4,549,000
Budget request, fiscal year 2012...................... 4,328,000
Recommended in the bill............................... 4,322,000
Bill compared with:
Appropriation, fiscal year 2011................... -227,000
Budget request, fiscal year 2012.................. -6,000
These funds support the executive functions of the Office
of the Vice President.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $4,322,000 for
the Office of the Vice President, which is $227,000 less than
fiscal year 2011 and $6,000 less than the request.
Official Residence of the Vice President
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2011....................... $326,000
Budget request, fiscal year 2012...................... 307,000
Recommended in the bill............................... 307,000
Bill compared with:
Appropriation, fiscal year 2011................... -19,000
Budget request, fiscal year 2012.................. - - -
These funds support the care and operation of the Vice
President's residence and specifically support equipment,
furnishings, dining facilities, and services required to
perform and discharge the Vice President's official duties,
functions and obligations.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $307,000 for
the Operating Expenses of the Vice President's residence, which
is $19,000 less than fiscal year 2011 and the same as the
request.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(INCLUDING TRANSFER OF FUNDS AND RESCISSION)
Section 201. The Committee continues language permitting
the transfer of not to exceed ten percent of funds between
various accounts within the Executive Office of the President,
after notifying the Committees on Appropriations at least 15
days in advance.
Section 202. The Committee includes new language rescinding
$11,328,000 in unobligated prior year balances from the
Counterdrug Technology Assessment Center. This rescission was
proposed in the budget request.
Section 203. The Committee includes new language
prohibiting funds to prepare, sign or approve statements
abrogating legislation passed by the House of Representatives
and the Senate and signed by the President.
Section 204. The Committee includes new language requiring
the Director of the Office of Management and Budget to submit
quarterly reports to the Committee on the implementation of
Executive Order 13563 relating to improving regulation and
regulatory review.
Section 205. The Committee includes new language requiring
the Director of the Office of Management and Budget to report
on the costs of implementing the Dodd-Frank Wall Street Reform
and Consumer Protection Act (Public Law 111-203).
TITLE III--THE JUDICIARY
The funds recommended by the Committee in title III of the
accompanying bill are for the operation and maintenance of
United States Courts and include the salaries of judges,
probation and pretrial services officers, public defenders,
court clerks, law clerks, and other supporting personnel, as
well as security costs, information technology, and other
expenses of the Federal Judiciary.
The Committee recommends a total of $6,326,318,000 in
discretionary funding for the Judiciary in fiscal year 2012,
which is $151,256,000 less than fiscal year 2011 and
$529,729,000 less than the request. The Committee recognizes
that the number of cases filed and the number of persons under
supervision is not under the control of the Judiciary. However,
the Committee believes the Judiciary needs to continue its cost
containment efforts and identify ways to reduce staffing,
travel, space and other financial requirements through the use
of technology and best practices.
In addition to direct appropriations, the Judiciary
collects various fees and has certain multiyear funding
authorities. The Judiciary uses these non-appropriated funds to
offset its direct appropriation requirements. Consistent with
prior year practices and section 608 of this Act, the Committee
expects the Judiciary to submit a financial plan, within 60
days of enactment of this Act, allocating all sources of
available funds including appropriations, fee collections, and
carryover balances. This financial plan will be the baseline
for purposes of reprogramming notification. The Committee notes
that a bill language section included in prior years requiring
a Judiciary financial plan was dropped as it is redundant to
the requirement established in section 608.
Supreme Court of the United States
SALARIES AND EXPENSES
Appropriation, fiscal year 2011....................... $73,921,000
Budget request, fiscal year 2012...................... 75,551,000
Recommended in the bill............................... 74,819,000
Bill compared with:
Appropriation, fiscal year 2011................... +898,000
Budget request, fiscal year 2012.................. -732,000
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $74,819,000
for fiscal year 2012 for the salaries and expenses of personnel
and the cost of operating the Supreme Court, excluding the care
of the building and grounds. The recommendation is $898,000
more than fiscal year 2011 and is $732,000 less than the
request. The increased funding provided above the fiscal year
2011 level is for twelve additional police officers requested
by the Court to meet security requirements.
The Committee continues to include bill language making
$2,000,000 available until expended for the purpose of making
information technology investments. The Committee requests that
the Court include an annual report with its budget
justification materials, showing information technology
carryover balances and describing expenditures made in the
previous fiscal year and planned expenditures in the budget
year.
CARE OF THE BUILDING AND GROUNDS
Appropriation, fiscal year 2011....................... $8,159,000
Budget request, fiscal year 2012...................... 8,504,000
Recommended in the bill............................... 8,159,000
Bill compared with:
Appropriation, fiscal year 2011................... - - -
Budget request, fiscal year 2012.................. -345,000
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $8,159,000 for
fiscal year 2012, to remain available until expended, for
personnel and other services relating to the structural and
mechanical care of the Supreme Court building and grounds. The
Architect of the Capitol has responsibility for these functions
and supervises the use of this appropriation. The
recommendation is equal to fiscal year 2011 and $345,000 less
than the request.
United States Court of Appeals for the Federal Circuit
SALARIES AND EXPENSES
Appropriation, fiscal year 2011....................... $32,511,000
Budget request, fiscal year 2012...................... 35,139,000
Recommended in the bill............................... 31,472,000
Bill compared with:
Appropriation, fiscal year 2011................... -1,039,000
Budget request, fiscal year 2012.................. -3,667,000
COMMITTEE RECOMMENDATION
The Court of Appeals for the Federal Circuit has exclusive
national jurisdiction over a large number of diverse subject
areas, including government contracts, patents, trademarks,
Federal personnel, and veterans' benefits. The Committee
recommends an appropriation of $31,472,000 for fiscal year
2012, which is $1,039,000 less than fiscal year 2011 and
$3,667,000 less than the request.
United States Court of International Trade
SALARIES AND EXPENSES
Appropriation, fiscal year 2011....................... $21,447,000
Budget request, fiscal year 2012...................... 22,891,000
Recommended in the bill............................... 20,628,000
Bill compared with:
Appropriation, fiscal year 2011................... -819,000
Budget request, fiscal year 2012.................. -2,263,000
COMMITTEE RECOMMENDATION
The Court of International Trade has exclusive nationwide
jurisdiction of civil actions against the United States and
certain civil actions brought by the United States, arising out
of import transactions and administration and enforcement of
the Federal customs and international trade laws. The Committee
recommends an appropriation of $20,628,000 for fiscal year
2012, which is $819,000 less than fiscal year 2011 and
$2,263,000 less than the request.
Courts of Appeals, District Courts, and Other Judicial Services
SALARIES AND EXPENSES
Appropriation, fiscal year 2011....................... $5,004,221,000
Budget request, fiscal year 2012...................... 5,236,166,000
Recommended in the bill............................... 4,790,855,000
Bill compared with:
Appropriation, fiscal year 2011................... -213,366,000
Budget request, fiscal year 2012.................. -445,311,000
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $4,790,855,000
for the operations of the regional courts of appeals, district
courts, bankruptcy courts, the Court of Federal Claims, and
probation and pretrial services offices. The recommendation is
$213,366,000 less than fiscal year 2011 and $445,311,000 less
than the request.
The Committee understands that the Judiciary's staffing,
operations and maintenance, and information technology
resources are allocated to the courts according to formulas
that are approved by the Judicial Conference of the United
States and equitably distribute resources based on the workload
of each district. The Committee believes this is the optimal
method of making such allocations and expects the Judiciary to
continue to allocate its resources using this system. The
Committee also expects the Administrative Office to
periodically update the formulas to ensure their accuracy.
VACCINE INJURY COMPENSATION TRUST FUND
Appropriation, fiscal year 2011....................... $4,775,000
Budget request, fiscal year 2012...................... 5,011,000
Recommended in the bill............................... 4,775,000
Bill compared with:
Appropriation, fiscal year 2011................... - - -
Budget request, fiscal year 2012.................. -236,000
COMMITTEE RECOMMENDATION
The Committee recommends a reimbursement of $4,775,000 for
fiscal year 2012 from the Vaccine Injury Compensation Trust
Fund to cover expenses of the United State Court of Federal
Claims associated with processing cases under the National
Childhood Vaccine Injury Act of 1986. This amount is the same
as fiscal year 2011 and $236,000 less than the request.
DEFENDER SERVICES
Appropriation, fiscal year 2011....................... $1,025,693,000
Budget request, fiscal year 2012...................... 1,098,745,000
Recommended in the bill............................... 1,050,000,000
Bill compared with:
Appropriation, fiscal year 2011................... +24,307,000
Budget request, fiscal year 2012.................. -48,745,000
COMMITTEE RECOMMENDATION
This account provides funding for the operation of the
Federal Public Defender and Community Defender organizations
and for compensation and reimbursement of expenses of panel
attorneys appointed pursuant to the Criminal Justice Act for
representation in criminal cases. The Committee recommends an
appropriation of $1,050,000,000 for fiscal year 2012 which is
$24,307,000 more than fiscal year 2011 and $48,745,000 less
than the request. The recommendation does not provide an
increase in the hourly panel attorney pay rate.
The sixth amendment to the Constitution provides for the
right to counsel for those who can not afford it. This is a
very important Constitutional protection. The Committee
understands that the costs associated with this program are
driven by: (1) the hourly rate paid to panel attorneys, which
has grown substantially in the years prior to fiscal year 2011;
(2) the costs of operating Federal defender organizations; and
(3) the number of defendants and case complexity. The
appropriation for this account has grown from $709,830,000 in
fiscal year 2006 to a request of $1,098,745,000 in fiscal year
2012, more than a 50 percent increase. While the Committee
believes that attorneys must be adequately compensated and
defendants must be competently represented, the rapid rate of
increase to this program cannot continue indefinitely. The
Judiciary has had some success in recent years implementing
cost control measures in other Judiciary programs. The Judicial
Conference must find ways to substantially reduce the level of
resources proposed in future years for the Defender Services
program. The Committee expects the fiscal year 2013 budget
request to identify significant savings in this program.
FEES OF JURORS AND COMMISSIONERS
Appropriation, fiscal year 2011....................... $52,305,000
Budget request, fiscal year 2012...................... 59,727,000
Recommended in the bill............................... 57,305,000
Bill compared with:
Appropriation, fiscal year 2011................... +5,000,000
Budget request, fiscal year 2012.................. -2,422,000
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $57,305,000
for payments to jurors, which is $5,000,000 more than fiscal
year 2011 and $2,422,000 less than the request.
COURT SECURITY
(INCLUDING TRANSFERS OF FUNDS)
Appropriation, fiscal year 2011....................... $466,672,000
Budget request, fiscal year 2012...................... 513,058,000
Recommended in the bill............................... 500,000,000
Bill compared with:
Appropriation, fiscal year 2011................... +33,328,000
Budget request, fiscal year 2012.................. -13,058,000
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $500,000,000
for Court Security in fiscal year 2012 to provide for necessary
expenses of security and protective services in courtrooms and
adjacent areas. This is $33,328,000 more than fiscal year 2011
and $13,058,000 less than the request.
The recommended increase over fiscal year 2011 will provide
for additional court security officers and equipment to address
the highest priority security needs identified by the courts
and the U.S. Marshals Service.
The Committee is aware of significant security deficiencies
that exist in many older courthouses which in the past have
only been corrected by constructing a new facility. Given the
current fiscal climate, the cost of constructing new facilities
to address these security concerns is in many cases too
expensive. As a more cost effective way to address these
security concerns, the Committee has included $20,000,000 in
the General Services Administration's Federal Buildings Fund
specifically for security alterations to courthouses. The
Committee directs the Judiciary to work collaboratively with
the General Services Administration and the U.S. Marshals
Service to identify and fund cost effective security solutions
to ensure the safety of court staff and the public.
Administrative Office of the United States Courts
SALARIES AND EXPENSES
Appropriation, fiscal year 2011....................... $82,909,000
Budget request, fiscal year 2012...................... 88,455,000
Recommended in the bill............................... 80,007,000
Bill compared with:
Appropriation, fiscal year 2011................... -2,902,000
Budget request, fiscal year 2012.................. -8,448,000
COMMITTEE RECOMMENDATION
The Administrative Office of the United States Courts (AO)
provides administrative and management support to the United
States Courts, including the probation and bankruptcy systems.
It also supports the Judicial Conference of the United States
in determining Federal Judiciary policies, in developing
methods to assist the courts to conduct business efficiently
and economically, and in enhancing the use of information
technology in the courts. The Committee recommends an
appropriation of $80,007,000 for the AO, which is $2,902,000
less than fiscal year 2011 and $8,448,000 less than the
request.
Federal Judicial Center
SALARIES AND EXPENSES
Appropriation, fiscal year 2011....................... $27,273,000
Budget request, fiscal year 2012...................... 29,029,000
Recommended in the bill............................... 26,318,000
Bill compared with:
Appropriation, fiscal year 2011................... -955,000
Budget request, fiscal year 2012.................. -2,711,000
COMMITTEE RECOMMENDATION
The Federal Judicial Center (FJC) improves the management
of Federal Judicial dockets and court administration through
education for judges and staff, and research, evaluation, and
planning assistance for the courts and the Judicial Conference.
The Committee recommends an appropriation of $26,318,000 for
the FJC for fiscal year 2012, which is $955,000 less than
fiscal year 2011 and $2,711,000 less than the request.
United States Sentencing Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2011....................... $16,803,000
Budget request, fiscal year 2012...................... 17,906,000
Recommended in the bill............................... 16,215,000
Bill compared with:
Appropriation, fiscal year 2011................... -588,000
Budget request, fiscal year 2012.................. -1,691,000
COMMITTEE RECOMMENDATION
The purpose of the Commission is to establish, review, and
revise sentencing guidelines, policies, and practices for the
Federal criminal justice system. The Commission is also
required to monitor the operation of the guidelines and to
identify and report necessary changes to the Congress. The
Committee recommends $16,215,000 for the Commission for fiscal
year 2012, which is $588,000 less than fiscal year 2011 and
$1,691,000 less than the request.
Administrative Provisions--The Judiciary
(INCLUDING TRANSFER OF FUNDS AND RESCISSION)
Section 301. The Committee continues language to permit
funds for salaries and expenses to be available for employment
of experts and consultant services as authorized by 5 U.S.C.
3109.
Section 302. The Committee continues language that permits
up to five percent of any appropriation made available for
fiscal year 2012 to be transferred between Judiciary
appropriations accounts provided that no appropriation shall be
decreased by more than five percent or increased by more than
ten percent by any such transfer except in certain
circumstances. In addition, the language provides that any such
transfer shall be treated as a reprogramming of funds under
sections 604 and 608 of the accompanying bill and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in those sections.
Section 303. The Committee continues language authorizing
not to exceed $11,000 to be used for official reception and
representation expenses incurred by the Judicial Conference of
the United States.
Section 304. The Committee continues language enabling the
Judiciary to contract for repairs under $100,000.
Section 305. The Committee continues language to authorize
a court security pilot program.
Section 306. The Committee continues language extending a
temporary judgeship in Kansas.
Section 307. The Committee includes language rescinding
$100,000 of prior year unobligated balances from the United
States Sentencing Commission.
Section 308. The Committee includes new language requiring
the President submit to Congress, without change, proposed
supplemental appropriations submitted to the President by the
legislative branch and the judicial branch.
TITLE IV--DISTRICT OF COLUMBIA
Federal Funds
FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT
Appropriation, fiscal year 2011....................... $35,030,000
Budget request, fiscal year 2012...................... 35,100,000
Recommended in the bill............................... 30,000,000
Bill compared with:
Appropriation, fiscal year 2011................... -5,030,000
Budget request, fiscal year 2012.................. -5,100,000
The Resident Tuition Support program was created by the
District of Columbia College Access Act of 1999 to provide
District college-bound students the opportunity to expand their
higher education choices. The program receives its funding
through a Federal appropriation which is deposited into a
dedicated account under the control of the District of Columbia
Chief Financial Officer. This program awards grants up to
$10,000 annually for undergraduate District students to attend
eligible four-year public universities and colleges nationwide
at in-state tuition rates. Grants up to $2,500 per year are
available for students to attend private institutions in the
D.C. metropolitan area as well as public two-year community
colleges.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $30,000,000
for the resident tuition support program, which is $5,030,000
less than fiscal year 2011 and $5,100,000 less than the
request. The funding recommendation, along with unobligated
prior year balances, is sufficient to fully fund the program's
proposed expenditure plan.
FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS IN THE
DISTRICT OF COLUMBIA
Appropriation, fiscal year 2011....................... $14,970,000
Budget request, fiscal year 2012...................... 14,900,000
Recommended in the bill............................... 14,900,000
Bill compared with:
Appropriation, fiscal year 2011................... -70,000
Budget request, fiscal year 2012.................. - - -
As the seat of the national government, the District of
Columbia has a unique and significant responsibility for
protecting the property and personnel of the Federal
government. The Federal Payment for Emergency Planning and
Security Costs is provided to help address the impact of the
Federal presence on public safety in the District of Columbia.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $14,900,000
for emergency planning and security costs, which is $70,000
less than fiscal year 2011 and the same as the request.
The Committee continues to require a detailed justification
be submitted with the budget request each year, as well as a
report detailing any deviation from the plan outlined in the
justification no later than 60 days after the end of the fiscal
year.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS
Appropriation, fiscal year 2011....................... $242,933,000
Budget request, fiscal year 2012...................... 229,068,000
Recommended in the bill............................... 224,394,000
Bill compared with:
Appropriation, fiscal year 2011................... -18,539,000
Budget request, fiscal year 2012.................. -4,674,000
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $224,394,000
for operation of the District of Columbia Courts, which is
$18,539,000 less than fiscal year 2011 and $4,674,000 less than
the request. This amount includes $11,998,000 for the Court of
Appeals, $109,307,000 for the Superior Court, $64,984,000 for
the Court System, and $38,105,000 for capital improvements to
courthouse facilities.
The recommended level includes funding at the fiscal year
2011 level for the Court of Appeals and the Court System
accounts. For the Superior Court, the Committee recommendation
includes a $1,000,000 increase above fiscal year 2011 levels to
meet pressing public safety needs. The recommendation does not
continue bill language from prior years requiring the Court to
use the General Services Administration for payroll and
financial services. Under the Defender Services in the District
of Columbia Courts account, new language permits the transfer
of funds from the Defender Services to the District of Columbia
Courts Capital Improvements account as requested. This will
provide up to an additional $10,000,000 for improvements to
courthouse facilities.
FEDERAL PAYMENT FOR DEFENDER SERVICES IN THE DISTRICT OF COLUMBIA
COURTS
Appropriation, fiscal year 2011....................... $54,890,000
Budget request, fiscal year 2012...................... 55,000,000
Recommended in the bill............................... 54,890,000
Bill compared with:
Appropriation, fiscal year 2011................... - - -
Budget request, fiscal year 2012.................. -110,000
COMMITTEE RECOMMENDATION
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $54,890,000 for Defender Services
in District of Columbia Courts, which is the same as fiscal
year 2011 and $110,000 less than the request. The Committee
includes new language permitting the transfer of up to
$10,000,000 to the District of Columbia Courts for capital
improvements of courthouse facilities.
FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER SUPERVISION AGENCY
FOR THE DISTRICT OF COLUMBIA
Appropriation, fiscal year 2011....................... $211,983,000
Budget request, fiscal year 2012...................... 216,846,000
Recommended in the bill............................... 212,983,000
Bill compared with:
Appropriation, fiscal year 2011................... +1,000,000
Budget request, fiscal year 2012.................. -3,863,000
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $212,983,000
for the Court Services and Offender Supervision Agency, which
is $1,000,000 more than fiscal year 2011 and $3,863,000 less
than the request. Of the amounts provided, $153,548,000 is for
Community Supervision and Sex Offender Registration and
$59,435,000 is for the Pretrial Services Agency (PSA).
The recommended level includes funding at the fiscal year
2011 level for the Community Supervision and Sex Offender
Registration. For the PSA, the Committee includes $1,000,000
more than fiscal year 2011 for the relocation of the Forensic
Toxicology and Drug Testing Laboratory.
FEDERAL PAYMENT TO THE PUBLIC DEFENDER SERVICE FOR THE DISTRICT OF
COLUMBIA
Appropriation, fiscal year 2011....................... $37,241,000
Budget request, fiscal year 2012...................... 41,486,000
Recommended in the bill............................... 37,241,000
Bill compared with:
Appropriation, fiscal year 2011................... - - -
Budget request, fiscal year 2012.................. -4,245,000
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $37,241,000
for the Public Defender Service for the District of Columbia,
which is the same as fiscal year 2011 and $4,245,000 less than
the request.
FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING COUNCIL
Appropriation, fiscal year 2011....................... $1,796,000
Budget request, fiscal year 2012...................... 1,800,000
Recommended in the bill............................... 1,796,000
Bill compared with:
Appropriation, fiscal year 2011................... - - -
Budget request, fiscal year 2012.................. -4,000
The Criminal Justice Coordinating Council (CCJC) provides a
forum for District of Columbia and Federal law enforcement to
identify criminal justice issues and solutions, and improve the
coordination of their efforts. In addition, the CCJC had
developed and maintains the Justice Integrated Information
System which provides for the seamless sharing of information
with Federal and local law enforcement.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $1,796,000 to
the CJCC, which is the same as fiscal year 2011 and $4,000 less
than the request. Similar to prior years, the Committee directs
the CJCC to submit performance measures in an annual report.
FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS
Appropriation, fiscal year 2011....................... $499,000
Budget request, fiscal year 2012...................... 500,000
Recommended in the bill............................... 499,000
Bill compared with:
Appropriation, fiscal year 2011................... - - -
Budget request, fiscal year 2012.................. -1,000
The account provides funding for the two judicial
commissions. The first is the Judicial Nomination Commission
(JNC) which recommends a panel of three candidates to the
President for each judicial vacancy in the District of Columbia
Court of Appeals and Superior Court. From the panel selected by
the JNC, the President nominates a person for each vacancy and
submits their name for confirmation to the Senate. The second
commission is the Commission on Judicial Disabilities and
Tenure (CJDT) which has jurisdiction over all judges of the
Court of Appeals and Superior Court to determine whether a
judge's conduct warrants disciplinary action and whether
involuntary retirement of a judge for health reasons is
warranted. In addition, the CJDT conducts evaluations of judges
seeking reappointment and judges who retire and wish to
continue service as a senior judge.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $294,000 for
the Commission on Judicial Disabilities and Tenure, and
$205,000 for the Judicial Nomination Commission. This is the
same as fiscal year 2011 and $1,000 less than the request.
FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT
Appropriation, fiscal year 2011....................... $77,545,000
Budget request, fiscal year 2012...................... 67,000,000
Recommended in the bill............................... 60,000,000
Bill compared with:
Appropriation, fiscal year 2011................... -17,545,000
Budget request, fiscal year 2012.................. -7,000,000
As authorized by the Scholarships for Opportunity and
Results Act, this account provides an equal amount of funding
to District of Columbia Public Schools, Public Charter Schools
and Opportunity Scholarships.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $60,000,000,
the authorized amount, for school improvement. This amount is
$17,545,000 less than fiscal year 2011 and $7,000,000 less than
the request.
FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA NATIONAL GUARD
Appropriation, fiscal year 2011....................... $375,000
Budget request, fiscal year 2012...................... 2,000,000
Recommended in the bill............................... 375,000
Bill compared with:
Appropriation, fiscal year 2011................... - - -
Budget request, fiscal year 2012.................. -1,625,000
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $375,000,
which is the same as fiscal year 2011 and $1,625,000 less than
the request. The Committee acknowledges the unique role of the
D.C. National Guard in addressing emergencies that may occur as
a result of the presence of the Federal Government. The
Committee's recommendation includes $375,000 for the Major
General David F. Wherley, Jr. District of Columbia National
Guard Retention and College Access Program to pay the costs of
a tuition assistance program for guard members who are non-
District residents.
District of Columbia Funds
This bill provides local funds for the operation of the
District of Columbia as approved by the District of Columbia
Council and the Mayor.
TITLE V--INDEPENDENT AGENCIES
Administrative Conference of the United States
SALARIES AND EXPENSES
Appropriation, fiscal year 2011....................... $2,744,000
Budget request, fiscal year 2012...................... 3,200,000
Recommended in the bill............................... 2,608,000
Bill compared with:
Appropriation, fiscal year 2011................... -136,000
Budget request, fiscal year 2012.................. -592,000
The Administrative Conference of the United States (ACUS)
is an independent agency and advisory committee which was
created to study administrative processes in order to recommend
improvements to Congress and Federal agencies.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $2,608,000 for
ACUS, which is $136,000 less than fiscal year 2011 and $592,000
less than the request. After a 15-year hiatus, ACUS resumed
operations in April 2010 upon the confirmation of the Chairman
by the Senate. Funding provided will enable ACUS to fund,
supervise, and review a full program of research projects with
the aim of improving the fairness and effectiveness of
procedures by which Federal agencies administer regulatory,
benefit, and other government programs.
Consumer Product Safety Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2011....................... $114,788,000
Budget request, fiscal year 2012...................... 122,000,000
Recommended in the bill............................... 111,288,000
Bill compared with:
Appropriation, fiscal year 2011................... -3,500,000
Budget request, fiscal year 2012.................. -10,712,000
The Consumer Product Safety Act established the Consumer
Product Safety Commission (CPSC), an independent Federal
regulatory agency, to reduce the risk of injury associated with
consumer products.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $111,288,000
for the CPSC for fiscal year 2012, which is $3,500,000 less
than fiscal year 2011 and $10,712,000 less than the request.
The Committee has strong concerns regarding the consumer
product complaint database required by the Consumer Product
Safety Improvement Act of 2008. The Committee believes that the
construction of this database is flawed and, therefore, is of
little value to consumers and manufacturers. While the intent
of the database is to protect consumers from harm, the
information required to submit an incident report of harm
through the database is insufficient. Additional information is
needed to improve the accuracy and reliability of the database.
The Committee believes the $3,000,000 annual investment in the
database would be more effectively spent elsewhere and has
included language in section 622 prohibiting funds from being
spent on this database. The fiscal year 2011 year-long
continuing resolution requires the Government Accountability
Office (GAO) to conduct an analysis of the database. The
Committee hopes the CPSC will implement any GAO recommendations
and improve the reliability of the information provided. If the
CPSC takes sufficient actions to improve the database, the
Committee will reconsider the funding prohibition.
The Committee believes that implementation of the Consumer
Product Safety Improvement Act of 2008 (CPSIA) law has been
both non-risk-based and expensive for the CPSC, and in some
cases, onerous and costly to manufacturers. The CPSC should
focus its resources where they can make the most impact for
consumers, which are in the areas of risk assessment and
enforcement. The Committee includes section 624 requiring GAO
to conduct a quantitative and qualitative cost benefit analysis
of the CPSIA.
The Committee has included section 630 prohibiting the
implementation of Section 101(b) of the CPSIA as it relates to
lead in off-highway vehicles. The Committee believes that
Section 101(b) calls for non-risk based testing and content
requirements. The Committee notes that the Commission currently
has a stay on these requirements; however, the Committee
remains concerned about the impact this mandate would have on
children should the Commission's stay expire at the end of the
current year. The Committee believes that should the stay on
both lead testing and content expire, children are more likely
to be hurt due to use of adult off-highway vehicles than due to
lead exposure found in components of these vehicles, such as
valve stems and battery cables.
The Committee supports the Import Safety Initiative which
positions CPSC investigators at key ports of entry in order to
stop defective products from entering the United States. The
CPSC's coordination with U.S. Customs and Border Protection
(CBP) is a cost efficient way to increase enforcement
capabilities at our borders and the Committee believes that
resources in this area are being spent in a targeted and
effective way. The Committee notes that most of the CPSC's
product recalls in recent years have been imported products and
once products are in the marketplace, it is often difficult to
recall them. By targeting products prior to purchase, the
Commission is making an impact in an area that will
substantially protect consumers. The Committee urges CPSC to
continue its efforts in working with CBP to ensure the safety
of imported products.
The Committee is also supportive of the CPSC's efforts in
establishing a regional office in China. Many of the consumer
products that Americans use every day come from China, and the
CPSC's efforts to establish a presence in this region, along
with efforts at our ports, suggests increased effectiveness in
stemming the flow of defective and harmful products coming in
from overseas.
The Committee recommends $500,000 be available until
September 30, 2013, for the pool and spa safety grants program
established by the Virginia Graeme Baker Pool and Spa Safety
Act. In addition, the Committee directs the CPSC to continue
its successful pool and spa safety information campaign.
Election Assistance Commission
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2011....................... $16,267,000
Budget request, fiscal year 2012...................... 13,716,000
Recommended in the bill............................... 6,858,000
Bill compared with:...................................
Appropriation, fiscal year 2011................... -9,409,000
Budget request, fiscal year 2012.................. -6,858,000
The Election Assistance Commission (EAC) was established by
the Help America Vote Act of 2002 (HAVA) and is charged with
implementing provisions of that Act relating to the reform of
Federal election administration.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $6,858,000 for
EAC salaries and expenses, which is $9,409,000 less than fiscal
year 2011 and $6,858,000 less than the request. The
recommendation also provides for the transfer of $1,625,000 to
the National Institute of Standards and Technology for election
reform activities, which is $1,825,000 less than the transfer
in fiscal year 2011 and $1,625,000 less than the request. The
Committee also recommends $1,500,000 for the Office of
Inspector General for the Election Assistance Commission.
The Committee believes that while the request is less than
fiscal year 2011, it does not go far enough in realizing
efficiencies within the EAC. The EAC is close to the end of
distributing all of the Section 251 Requirements grant payments
under HAVA and no additional election reform grant funding is
provided this year that requires administration. The Committee
remains concerned that the EAC's operating costs are too high.
The Commission's fiscal year 2012 requested amount for
management expenses is 40 percent higher than the requested
amount for grants programs to be managed. The Committee
believes there are efficiencies yet to be realized within the
Commission's administrative operations.
The Committee notes that the National Association of
Secretaries of State (NASS) has once more adopted a resolution
encouraging dissolving the EAC. The Committee finds this
especially concerning as NASS is the constituency that the EAC
should be serving most. The Committee believes it is possible
that the EAC has outgrown its utility in this area. While the
Committee strongly supports the successful administration of
Federal elections, it has significant concerns about the
effectiveness of the EAC in this regard.
Federal Communications Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2011....................... $335,794,000
Budget request, fiscal year 2012...................... 358,801,000
Recommended in the bill............................... 319,004,000
Bill compared with:...................................
Appropriation, fiscal year 2011................... -16,790,000
Budget request, fiscal year 2012.................. -39,797,000
The mission of the Federal Communications Commission (FCC)
is to implement the Communications Act of 1934 and assure the
availability of high quality communications services for all
Americans.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $319,004,000
for the salaries and expenses of the FCC for fiscal year 2012,
all of which is to be derived from offsetting collections. This
level is $16,790,000 less than fiscal year 2011 and $39,797,000
less than the request.
The Committee recommendation includes bill language,
similar to that included in previous Appropriations Acts, which
allows: (1) up to $4,000 for official reception and
representation expenses; (2) purchase and hire of motor
vehicles; (3) special counsel fees; (4) collection of
$319,004,000 in section 9 fees; (5) a prohibition on amounts
collected in excess of $319,004,000 from being available for
obligation; (6) a prohibition on remaining offsetting
collections from prior years from being available for
obligation; and (7) retention of $85,000,000 of proceeds from
the use of a competitive bidding system.
The Committee remains concerned with the Commission's
decision to begin regulating the Internet, specifically the
precedent that this decision sets and its impact on future
innovation. Therefore, the Committee has included section 621
to prohibit funds for implementation of the Commission's net
neutrality order.
The Committee is aware of concerns related to possible
interference to Global Positioning System (GPS) devices due to
terrestrial broadband service. The Committee remains engaged on
this issue and awaits the final report by the Technical Working
Group.
The Committee believes that FCC involvement in
cybersecurity should not result in regulations or activities
that duplicate or contradict the multi-agency cybersecurity
mitigation and response efforts being lead by the Departments
of Defense and Homeland Security.
The Committee understands the FCC is promulgating a rule to
address abuses in intercarrier compensation related to the
modernization of the Universal Service Fund. The Committee
recognizes the important service that local exchange carriers
provide to rural America and encourages the Commission to
maintain a reasonable intercarrier compensation system for
rural local exchange carriers.
The Committee is concerned about the disparity in access to
broadband between Puerto Rico and the 50 states. Recent studies
have found that only 31-37 percent of residents of Puerto Rico
have adopted broadband measured at the lowest speed tracked by
the Commission. The Committee encourages the Commission to
implement policies that increase broadband accessibility and
adoption in Puerto Rico.
The Committee notes that the FCC has not completed its 4-
year proceeding to improve the carriage complaint process for
independent channels, including expedited review, as mandated
by statute. The Committee urges the FCC to promptly complete
this proceeding to provide an effective complaint process for
independent channels.
The advancement of wireless broadband technology has had a
significant and beneficial impact on both consumers and
businesses. However, in order for it to reach its full
potential, consumers and businesses must be assured that
wireless broadband systems are secure and sensitive data are
not vulnerable to intentional or unintentional capture. The FCC
is directed to report to the Committee within 180 days of
enactment of this Act on its activities to deter, prevent and
investigate allegations of privacy violations regarding the use
of wireless broadband networks. The Committee expects the
Commission to vigorously and expeditiously investigate such
violations.
Federal Deposit Insurance Corporation
OFFICE OF THE INSPECTOR GENERAL
Appropriation, fiscal year 2011....................... $42,942,000
Budget request, fiscal year 2012...................... 45,261,000
Recommended in the bill............................... 45,261,000
Bill compared with:...................................
Appropriation, fiscal year 2011................... +2,319,000
Budget request, fiscal year 2012.................. - - -
Funding for the Office of the Inspector General (OIG) at
the Federal Deposit Insurance Corporation (FDIC) is provided
pursuant to 31 U.S.C. 1105(a)(25), which requires a separate
appropriation account for appropriations for each Office of
Inspector General established under section 11(2) of the
Inspector General Act of 1978.
COMMITTEE RECOMMENDATION
The Committee recommends $45,261,000 from the Deposit
Insurance Fund and the Federal Savings and Loan Insurance
Corporation (FSLIC) Resolution Fund to finance the OIG for
fiscal year 2012, which is $2,319,000 more than fiscal year
2011 and the same as the request. The increase is provided to
enable the OIG to oversee workload associated with the increase
in bank failures, the increase in resolution and receivership
activity, and new FDIC programs and activities established in
response to the downturn in the economy that impact the Deposit
Insurance Fund.
Federal Election Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2011....................... $66,367,000
Budget request, fiscal year 2012...................... 67,014,000
Recommended in the bill............................... 66,367,000
Bill compared with:
Appropriation, fiscal year 2011................... - - -
Budget request, fiscal year 2012.................. -647,000
The Federal Election Commission (FEC) administers the
disclosure of campaign finance information, enforces
limitations on contributions and expenditures, and performs
other tasks related to Federal elections.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $66,367,000
for the FEC, the same as fiscal year 2011 and $647,000 less
than the request.
Federal Labor Relations Authority
SALARIES AND EXPENSES
Appropriation, fiscal year 2011....................... $24,723,000
Budget request, fiscal year 2012...................... 26,440,000
Recommended in the bill............................... 24,105,000
Bill compared with:
Appropriation, fiscal year 2011................... -618,000
Budget request, fiscal year 2012.................. -2,335,000
Established by title VII of the Civil Service Reform Act of
1978, the Federal Labor Relations Authority (FLRA) serves as a
neutral arbiter in the labor activities of non-postal Federal
employees, Departments and agencies, and Federal unions on
matters outlined in the Act, including collective bargaining
and the settlement of disputes. Establishment of the FLRA gives
full recognition to the role of the Federal Government as an
employer. Under the Foreign Service Act of 1980, the FLRA also
addresses similar issues affecting Foreign Service personnel by
providing full staff support for the Foreign Service Impasse
Disputes Panel and the Foreign Service Labor Relations Board.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $24,105,000
for the FLRA, which is $618,000 less than fiscal year 2011 and
$2,335,000 less than the request.
Federal Trade Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2011....................... $291,363,000
Budget request, fiscal year 2012...................... 326,000,000
Recommended in the bill............................... 284,067,000
Bill compared with:
Appropriation, fiscal year 2011................... -7,296,000
Budget request, fiscal year 2012.................. -41,933,000
The mission of the Federal Trade Commission (FTC) is to
enforce a variety of Federal antitrust and consumer protection
laws. Appropriations for both the Antitrust Division of the
Department of Justice and the Commission are partially financed
with Hart-Scott-Rodino Act pre-merger filing fees. The
Commission's appropriation is also partially offset by Do-Not-
Call registry fees.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $284,067,000
for the salaries and expenses of the FTC for fiscal year 2012,
which is $7,296,000 less than fiscal year 2011 and $41,933,000
less than the request. The Congressional Budget Office
estimates $108,000,000 of collections from Hart-Scott-Rodino
premerger filing fees and $21,000,000 of collections from Do-
Not-Call list fees will partially offset the appropriation
requirement for this account.
The Committee understands and appreciates the current and
future impact of the increase in childhood obesity in this
country and believes that the early adoption of healthy eating
habits is critical to the long-term health of our nation. The
Committee believes the Federal Trade Commission, either as part
of the Interagency Working Group on Food Marketed to Children
or acting independently, should not issue principles or
guidelines governing food marketed to children unless a peer-
reviewed scientific study conclusively demonstrates that
regulating food marketing directed to children is the most
effective way of changing long-term eating behavior and
reducing obesity. Furthermore, the FTC should not rely on any
guidance issued by the Interagency Working Group on Food
Marketed to Children to engage in enforcement actions under its
existing authority.
General Services Administration
REAL PROPERTY ACTIVITIES
FEDERAL BUILDINGS FUND
LIMITATIONS ON AVAILABILITY OF REVENUE
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2011...... $7,597,540,000
Limitation on availability, budget estimate, 9,508,511,000
fiscal year 2012.....................................
Recommended in the bill........................... 7,223,801,000
Bill compared with:
Availability limitation, fiscal year 2011......... -373,739,000
Availability limitation, fiscal year 2012 request. -2,284,710,000
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.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation on the availability
of funds of $7,223,801,000 for the Fund, which is $373,739,000
less the fiscal year 2011 and $2,284,710,000 less than the
request.
To carry out the purposes of the Federal Buildings Fund
established pursuant to section 210(f) of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C. 592), the
revenues and collections deposited into the Fund, shall be
available for necessary expenses in the aggregate amount of
$7,223,801,000 of which: $0 is for construction (including
funds for sites and expenses and associated design and
construction services), $280,000,000 is for repairs and
alterations, $126,801,000 is for installment acquisition
payments (including payments on purchase contracts),
$4,700,000,000 is for rental of space, and $2,117,000,000 is
for building operations.
CONSTRUCTION AND ACQUISITION
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2011...... $82,000,000
Limitation on availability, budget estimate, 839,642,000
fiscal year 2012.....................................
Recommended in the bill........................... - - -
Bill compared with:
Availability limitation, fiscal year 2011......... -82,000,000
Availability limitation, fiscal year 2012 request. -839,642,000
The construction and acquisition activity funds site,
design, construction, and management and inspection costs for
construction of new Federal facilities.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $0 for
construction and acquisition, which is $82,000,000 less than
fiscal year 2011 and $839,642,000 less than the request. Adding
to the Federal inventory of buildings is not welcomed at a time
when the management and use of the current inventory is less
than optimal.
Civilian Property BRAC.--The Committee supports the concept
of applying a BRAC-like process to disposing unneeded civilian
Federal buildings and land. Multiple Administrations have tried
to reduce the cost and liability associated with owning vacant,
contaminated, excess, or otherwise unusable assets, but without
success. The solution is neither quick nor simple because the
problem is time-consuming and complicated, involving multiple
agencies, Congressional jurisdictions, levels of government,
expenses, and stakeholders. Moreover, the revenues and expenses
may not coincide with the costs and benefits however much a
proposal is put forward as budget-neutral. Nonetheless, the
Committee believes a Civilian Property BRAC is a meritorious
idea and deserving of serious consideration. Should the
Congress move forward with legislation to create a Civilian
Property BRAC, the Committee will lend its support as able.
The Committee prohibits any funding appropriated for any
courthouse project that has yet to be completed to be used by
GSA for any purpose other than to complete the courthouse
project. Further, should the land purchased for the courthouse
project be sold, the Committee prohibits the GSA from using the
proceeds of the sale of the land to be used for any purpose
than courthouses.
REPAIRS AND ALTERATIONS
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2011...... $280,000,000
Limitation on availability, budget estimate, 868,902,000
fiscal year 2012.....................................
Recommended in the bill........................... 280,000,000
Bill compared with:
Availability limitation, fiscal year 2011......... - - -
Availability limitation, fiscal year 2012 request. -588,902,000
The repairs and alterations activity funds design,
construction and management and inspection for the repair,
alteration, and modernization of existing real estate assets in
addition to various special programs.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $280,000,000 for
repairs and alterations, which is the same as fiscal year 2011
and $588,902,000 less than the request.
Special Emphasis Programs.--The limitation consists of
$15,000,000 for the Fire Prevention program; $245,000,000 for
Basic Repairs and Alterations; and $20,000,000 for a new U.S.
Courthouse Capital Security program. Recent events, such as the
2010 shooting at the Las Vegas courthouse, continue to
highlight the security needs of all Federal facilities. Many
Federal courthouses do not meet current security standards.
Rather than address these risks with the construction of new
courthouses, the Committee directs GSA, the Judiciary, and the
U.S. Marshals Service to begin improving the security of
existing courthouses with a new special emphasis program. GSA
and the Judiciary should assess the condition and usage of
courthouses and identify cost-efficient and timely
alternations. GSA and the Judiciary shall submit a report to
the Committee within 90 days of enactment of this Act that
outlines its plan to allocate this funding.
Energy Saving Lighting Technologies.--The Committee has
been told that GSA discourages the use of LED lights for
general office lighting. The Committee directs the GSA to
provide a report about the costs and benefits of using of LED
lights for general office lighting within 90 days of enactment
of this Act. If benefits exceed costs, then the Committee
expects GSA to incorporate LED lights into GSA's building
specifications.
INSTALLMENT ACQUISITION PAYMENTS
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2011...... $135,540,000
Limitation on availability, budget estimate, 126,801,000
fiscal year 2012.....................................
Recommended in the bill........................... 126,801,000
Bill compared with:
Availability limitation, fiscal year 2011......... -8,739,000
Availability limitation, fiscal year 2012 request. - - -
The installment acquisition payments are interest payments
to the Federal Financing Bank for facilities constructed under
the Public Building Amendment of 1972 and lease-purchase
agreements since 1987, a total of 80 projects.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $126,801,000 for
installation acquisition payments, which is $8,739,000 less
than fiscal year 2011 and the same as the budget request.
RENTAL OF SPACE
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2011...... $4,830,000,000
Limitation on availability, budget estimate, 5,285,198,000
fiscal year 2012.....................................
Recommended in the bill........................... 4,700,000,000
Bill compared with:
Availability limitation, fiscal year 2011......... -130,000,000
Availability limitation, fiscal year 2012 request. -585,198,000
The rental of space program funds lease payments made to
privately-owned buildings, temporary space for Federal
employees during major repair and alteration projects, and
relocations from Federal buildings due to forced moves and
relocations as a result of health and safety conditions.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $4,700,000,000 for
rental of space, which is $130,000,000 less than fiscal year
2011 and $585,198,000 less than the request.
BUILDING OPERATIONS
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2011...... $2,270,000,000
Limitation on availability, budget estimate, 2,387,968,000
fiscal year 2012.....................................
Recommended in the bill........................... 2,117,000,000
Bill compared with:
Availability limitation, fiscal year 2011......... -153,000,000
Availability limitation, fiscal year 2012 request. -270,968,000
The building operations activity funds, among other things,
cleaning, maintenance, utilities, landscaping, snow removal,
and pest control for government-owned facilities and in leased
space when not provided by the lessor.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $2,117,000,000 for
building operations, which is $153,000,000 less than fiscal
year 2011 and $270,968,000 less than the request.
GENERAL ACTIVITIES
GOVERNMENT-WIDE POLICY
Appropriation, fiscal year 2011....................... $66,488,000
Budget request, fiscal year 2012...................... 105,140,000
Recommended in the bill............................... 64,826,000
Bill compared with:
Appropriation, fiscal year 2011................... -1,662,000
Budget request, fiscal year 2012.................. -40,314,000
The Office of Government-Wide Policy provides Federal
agencies with guidelines, best practices, and performance
measures for complying with all the laws, regulations, and
executive orders related to: acquisition and procurement,
personal and real property management, travel and
transportation management, electronic customer service
delivery, and use of Federal advisory committees.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $64,826,000,
which is $1,662,000 less than fiscal year 2011 and $40,314,000
less than the request.
Federal Vehicles.--The Federal Government manages the
largest vehicle fleet in United States consisting of 662,164
motor vehicles that cost taxpayers $4.6 billion (e.g.,
depreciation, maintenance, fuel, and indirect costs) in fiscal
year 2010. Each Federal agency is responsible for independently
managing their fleet in accordance with Federal motor vehicle
management regulations. Within the constraints of their
budgets, agencies determine the number of vehicles needed to
accomplish their missions, what types of vehicles their
missions require, and whether it is better to own or lease
those vehicles.
The General Services Administration (GSA) is responsible
for reporting on the size, composition, and condition of the
fleet and providing agencies with guidance on how to achieve
the optimal inventory to accomplish their mission, eliminate
unnecessary and nonessential vehicles, and operate a cost-
effective fleet through its expected lifecycle. A recent report
on the increased acquisition of limousines, however, is
evidence that GSA's annual Federal Fleet Performance report is
unreliable. GSA collects information about limousines, but does
not provide a definition for a limousine. Consequently, some
agencies reported buses and sedans in this category, when its
is traditionally used to report on full-size sedans equipped
with armor for the security of officials and dignitaries.
Reducing the size and cost of the Federal fleet begins with
a thorough understanding of the size and cost of the Federal
fleet. In order to the make the Federal Fleet Performance a
reliable and useful document for making informed decisions, the
Committee directs the GSA to review how data for the report is
collected, complied, and analyzed, beginning with providing a
definition of a limousine and creating a category for armored
passenger vehicles. In addition, the Committee directs GSA to
require agencies to study their vehicle usage and management,
including vehicles used for home-to-work transportation,
starting with light-duty vehicles to be followed by medium and
heavy-duty trucks. These studies must be posted on agency
websites along with GSA commentary and recommendations no later
than June 1, 2012.
Federal Travel.--Travel is an inescapable aspect of some
government programs, such as bank examinations, food and safety
inspections, and disaster assistance. Other travel related to
conferences, meetings, and training is more subjective and
intangible. Individual agencies determine for themselves if
travel is essential to accomplish their mission. Once the
decision to travel has been made, however, it should commence
in a cost-efficient and convenient manner. To that end, the
Committee directs GSA to create the appropriate
interdisciplinary and interagency teams to review Federal
travel regulations to revise stale and outdated policies,
beginning with rental cars followed by meals, incidentals,
lodging, airfare, and other ground transportation. GSA shall
provide interim reports to the House and Senate Committees on
Appropriations by January 30 and May 30, 2012, and a final
report by July 30, 2012. After the review is completed and
incorporated into Federal travel regulations, Government
Accountability Office is directed to report to the House and
Senate Committees on Appropriations on whether the revisions
result in measurable reductions in cost.
OPERATING EXPENSES
Appropriation, fiscal year 2011....................... $69,882,000
Budget request, fiscal year 2012...................... 70,022,000
Recommended in the bill............................... 68,135,000
Bill compared with:
Appropriation, fiscal year 2011................... -1,747,000
Budget request, fiscal year 2012.................. -1,887,000
The Operating Expenses account is comprised of two
different types of activities: (1) executive leadership
offices, such as the Administrator, the Regional
Administrators, Congressional and Intergovernmental Affairs,
Emergency Response and Recovery, Communications and Marketing,
and the Civilian Board of Contract Appeals and (2) reuse and
donation programs for excess Federal property (both real and
personal).
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $68,135,000,
which is $1,747,000 less than fiscal year 2011 and $1,887,000
less than the request.
OFFICE OF INSPECTOR GENERAL
Appropriation, fiscal year 2011....................... $58,882,000
Budget request, fiscal year 2012...................... 62,358,000
Recommended in the bill............................... 58,882,000
Bill compared with:
Appropriation, fiscal year 201.................... - - -
Budget request, fiscal year 2012.................. -3,476,000
This appropriation provides agency-wide audit and
investigative functions to identify and correct GSA management
and administrative deficiencies that create conditions for
existing or potential instances of fraud, waste, and
mismanagement. The audit function provides internal and
contract audits. Internal audits review and evaluate all facets
of GSA operations and programs, test internal control systems,
and develop information to improve operating efficiencies and
enhance customer services. Contract audits provide professional
advice to GSA contracting officials on accounting and financial
matters relative to the negotiation, award, administration,
repricing, and settlement of contracts. The investigative
function provides for the detection and investigation of
improper and illegal activities involving GSA programs,
personnel, and operations.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $58,882,000,
which is the same as fiscal year 2011 and $3,476,000 less than
the request.
INFORMATION AND ENGAGEMENT FOR CITIZENS
Appropriation, fiscal year 2011....................... $ - - -
Budget request, fiscal year 2012...................... - - -
Recommended in the bill............................... 50,000,000
Bill compared with:
Appropriation, fiscal year 2011................... +50,000,000
Budget request, fiscal year 2012.................. +50,000,000
The Committee shares the Administration's enthusiasm for
sharing Federal information with citizens--information that was
collected and stored at taxpayer expense--and making it easier
for citizens to conduct transactions with their government,
especially for services where the government has a monopoly,
such as patents, passports, and tax administration. In these
cases, citizens have no alternative but to subject themselves
to the hours, locations, and means that the government chooses,
however inefficient, inconvenient, or aggravating.
To that end, the bill creates an ``Information and
Engagement for Citizens'' account by combining the ``Electronic
Government Fund'' and ``Federal Citizen Services Fund''. While
these funds were created at different periods of time and
developed different programs, they share a common objective--
making it easier for citizens to understand and interact with
their government. Whether that means delivering information in
the mail or in a tweet, answering questions on the phone or on-
line, or tracking grants and business opportunities, the
purpose of ``Information and Engagement for Citizens'' is to
provide electronic or other methods of providing access and
understanding of Federal information, benefits, and services to
citizens, businesses, other governments, and the media.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $50,000,000,
which is $50,000,000 more than fiscal year 2011 and $50,000,000
more than the request. In fiscal year 2011, the ``Electronic
Government Fund'' was appropriated $7,984,000 and the ``Federal
Citizen Services Fund'' was appropriated $34,116,000. The
Committee expects the funds provided for these activities,
combined with efficiency gains and resource prioritization,
will result in increased delivery of information to the public
and in the ease of transaction with the government.
All the income collected by the Office of Citizen Services
and Innovative Technologies (OCSIT) in the form of
reimbursements from Federal agencies, user fees for
publications ordered by the public, payments from private
entities for services rendered, and gifts from the public is
available to the OCSIT without regard to fiscal year
limitations, but is subject to an annual limitation of
$60,000,000. Any revenues accruing in excess of this amount
shall remain in the fund and are not available for expenditure
except as authorized in appropriation Acts.
The Committee continues to want to review its performance
of ``e-initiatives'' and expects the Office of Management and
Budget to submit a detailed expenditure plan prior to
obligation of funds under this account. The plan should
describe the projects selected, and the budget, timeline,
objectives and expected benefits and savings realized for each
project.
ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS
Appropriation, fiscal year 2011....................... $3,792,000
Budget request, fiscal year 2012...................... 3,671,000
Recommended in the bill............................... 3,671,000
Bill compared with:
Appropriation, fiscal year 2011................... -121,000
Budget request, fiscal year 2012.................. - - -
As authorized by law, this appropriation provides for the
pensions, office staffs, and related expenses for former
Presidents Jimmy Carter, George H.W. Bush, William Clinton, and
George W. Bush. The account also funds postal franking
privileges for the widows of former Presidents Gerald Ford and
Ronald Reagan. Also, this appropriation is authorized to
provide funding for security and travel related expenses for
each former President and the spouse of a former President
pursuant to section 531 of Public Law 103-329.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $3,671,000 for
allowances and office staff of former Presidents, which is
$121,000 less than fiscal year 2011 and the same as the
request.
ADMINISTRATIVE PROVISIONS--GENERAL SERVICES ADMINISTRATION
(INCLUDING TRANSFERS OF FUNDS)
(RESCISSION)
Section 501. The Committee continues the provision
providing authority for the use of funds for the hire of motor
vehicles.
Section 502. The Committee continues the provision
providing that funds made available for activities of the
Federal Buildings Fund may be transferred between
appropriations with advance approval of the Congress.
Section 503. The Committee continues the provision
requiring funds proposed for developing courthouse construction
requests to meet appropriate standards and the priorities of
the Judicial Conference.
Section 504. The Committee continues the provision
providing that no funds may be used to increase the amount of
occupiable square feet, provide cleaning services, security
enhancements, or any other service usually provided, to any
agency which does not pay the requested rent.
Section 505. The Committee continues the provision that
permits GSA to pay small claims (up to $250,000) made against
the government.
Section 506. The Committee continues the provision
requiring the Administrator to ensure that the delineated area
of procurement for all lease agreements is identical to the
delineated area included in the prospectus unless prior notice
is given to the Committees.
Section 507. The Committee requires a report from the
Administrator about programs, projects, or activities that are
funded by appropriations to GSA but are not under the control
or direction of the Administrator. Examples include, but are
not limited to: the GSA Regulatory Information Service Center,
the Federal Real Property Profile database, and various current
and former Electronic Government projects. The report shall
provide a description of each program, identify the
organization approving management decisions and allocating
funds, and the amount of GSA funds obligated by each program in
fiscal years 2005 through 2011 by GSA appropriation account.
Section 508. The Committee rescinds $4,600,000 in
unobligated balances from Policy and Operations.
Harry S Truman Scholarship Foundation
SALARIES AND EXPENSES
Appropriation, fiscal year 2011....................... $748,000
Budget request,* fiscal year 2012..................... - - -
Recommended in the bill............................... 748,000
Bill compared with:
Appropriation, fiscal year 2011................... - - -
Budget request, fiscal year 2012.................. +748,000
*The President's budget proposed $0 but the Foundation submitted a
request for $1,400,000.
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. Truman Scholars receive up to $30,000 for
graduate or professional school, participate in leadership
development activities, and have special opportunities for
internships and employment with the Federal government.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $748,000 for
the Harry S Truman Foundation, which is the same as fiscal year
2011, $748,000 more than the President's request and $652,000
less than the Foundation's request.
Merit Systems Protection Board
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2011....................... $42,832,000
Budget request, fiscal year 2012...................... 44,461,000
Recommended in the bill............................... 41,761,000
Bill compared with:
Appropriation, fiscal year 2011................... -1,071,000
Budget request, fiscal year 2012.................. -2,700,000
The Merit Systems Protection Board (MSPB) is an
independent, quasi-judicial agency established to protect the
civil service merit system. The MSPB adjudicates appeals
primarily involving personnel actions, certain Federal employee
complaints, and retirement benefits issues. The MSPB reports to
the President whether merit systems are sufficiently free of
prohibited employment practices.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $41,761,000
for the MSPB, which is $1,071,000 less than fiscal year 2011
and $2,700,000 less than the request. The recommendation
includes a transfer of $2,345,000 from the Civil Service
Retirement and Disability Fund.
Morris K. Udall Scholarship and Stewart L. Udall Foundation
Appropriation, fiscal year 2011....................... $6,287,000
Budget request, fiscal year 2012...................... 6,000,000
Recommended in the bill............................... 3,000,000
Bill compared with:
Appropriation, fiscal year 2011................... -3,287,000
Budget request, fiscal year 2012.................. -3,000,000
The Morris K. Udall and Stewart L. Udall Foundation was
established in honor of the public service of Congressman
Morris K. Udall and Congressman and Secretary of the Interior
Stewart L. Udall. The Foundation administers scholarship,
internship and research grant programs that promote educational
opportunities and careers related to the environment, Native
health care and tribal public policy. The Foundation also
provides leadership training and tribal management as well as
environmental conflict resolution services for Federal
agencies.
COMMITTEE RECOMMENDATION
The Committee recommends $3,000,000 for the activities of
the Morris K. Udall and Stewart L. Udall Foundation, which is
$3,287,000 less than fiscal year 2011 and $3,000,000 less than
the request.
The bill consolidates the appropriations of the Morris K.
Udall and Stewart L. Udall Trust Fund and Environmental Dispute
Resolution Fund. The Morris K. Udall and Stewart L. Udall
Foundation shall allocate funds among its authorized
activities.
National Archives and Records Administration
The total fiscal year 2011 amount appropriated to the
National Archives and Records Administration (NARA), including
funding for the Operating Expenses, Office of Inspector
General, Repairs and Restoration, the National Historical
Publications and Records Commission, and the Electronic Records
Archive, was $416,799,000. For fiscal year 2012, the Electronic
Records Archive (ERA) funding has moved under NARA's Operating
Expenses due to the completion of the development of ERA. The
Committee recommends a total appropriation of $359,762,000 for
NARA in fiscal year 2012, which is $57,037,000 less than fiscal
year 2011 and $47,739,000 less than the request.
OPERATING EXPENSES
Appropriation, fiscal year 2011....................... $339,090,000
Budget request, fiscal year 2012...................... 403,742,000
Recommended in the bill............................... 360,969,000
Bill compared with:
Appropriation, fiscal year 2011................... +21,879,000
Budget request, fiscal year 2012.................. -42,773,000
This appropriation provides NARA with funds for its basic
operations for management of the Federal government's archives
and records, services to the public, operation of Presidential
libraries, review for declassification of classified security
information, and includes the Electronic Records Archives which
preserves, stores, and manages digital Federal records for
archival purposes, ensuring long-term access.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $360,969,000
for the operating expenses of NARA, which is $21,879,000 more
than fiscal year 2011 and $42,773,000 less than the request.
The Electronic Records Archive, which has previously been
funded separately from Operating Expenses during its
development, is now fully operational. Accordingly, while the
recommended appropriation for NARA Operating Expenses for
fiscal year 2012 is funded above fiscal year 2011, the
recommended appropriation for NARA in total is $57,037,000 less
than fiscal year 2011 and $47,739,000 less than the request.
OFFICE OF INSPECTOR GENERAL
Appropriation, fiscal year 2011....................... $4,241,000
Budget request, fiscal year 2012...................... 4,100,000
Recommended in the bill............................... 4,100,000
Bill compared with:
Appropriation, fiscal year 2011................... -141,000
Budget request, fiscal year 2012.................. - - -
The Office of Inspector General (OIG) provides objective
audits and investigations and serves as an independent,
internal advocate to promote economy, efficiency, and
effectiveness within NARA.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $4,100,000 for
the OIG, which is $141,000 less than fiscal year 2011 and the
same as the request.
REPAIRS AND RESTORATION
Appropriation, fiscal year 2011....................... $11,824,000
Budget request, fiscal year 2012...................... 9,659,000
Recommended in the bill............................... 8,693,000
Bill compared with:
Appropriation, fiscal year 2011................... -3,131,000
Budget request, fiscal year 2012.................. -966,000
This appropriation provides for the repair, alteration, and
improvement of Archives facilities and Presidential libraries
nationwide. It enables the National Archives to maintain its
facilities in proper condition for visitors, researchers, and
employees, and also maintain the structural integrity of the
buildings.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $8,693,000 for
repairs and restoration, which is $3,131,000 less than fiscal
year 2011 and $966,000 less than the request. The Committee
directs cost savings realized during the construction of the
John F. Kennedy Library, as well as savings from the Military
Personnel Records Center, toward priorities in NARA's Capital
Improvement Plan for the critical repairs, alterations, and
improvements to Archives facilities and Presidential Libraries
nationwide.
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION
GRANTS PROGRAM
Appropriation, fiscal year 2011....................... $6,986,000
Budget request, fiscal year 2012...................... 5,000,000
Recommended in the bill............................... 1,000,000
Bill compared with:
Appropriation, fiscal year 2011................... -5,986,000
Budget request, fiscal year 2012.................. -4,000,000
The National Historical Publications and Records Commission
(NHPRC) program provides for grants to preserve and publish
records that document American history. Administered within the
National Archives and Records Administration, the NHPRC helps
State, local, and private institutions preserve non-Federal
records, helps publish the papers of major figures in American
history, and helps archivists and records managers improve
their techniques, training, and ability to serve a range of
information users.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $1,000,000 for
the NHPRC grants program, which is $5,986,000 less than fiscal
year 2011 and $4,000,000 less than the request.
National Credit Union Administration
COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
Appropriation, fiscal year 2011....................... $1,247,000
Budget request, fiscal year 2012...................... 2,000,000
Recommended in the bill............................... 500,000
Bill compared with:
Appropriation, fiscal year 2011................... -747,000
Budget request, fiscal year 2012.................. -1,500,000
The Community Development Revolving Loan Fund Program
(CDRLF) was established in 1979 to assist officially designated
``low-income'' credit unions in providing basic financial
services to low-income communities. Low-interest loans and
deposits are made available to assist these credit unions.
Loans or deposits are normally repaid in five years, although
shorter repayment periods may be considered. Technical
assistance grants are also available to low-income credit
unions. Earnings generated from the CDRLF are available to fund
technical assistance grants in addition to funds provided for
specifically in appropriations acts. Grants are available for
improving operations as well as addressing safety and soundness
issues.
COMMITTEE RECOMMENDATION
For fiscal year 2012, the Committee recommends an
appropriation of $500,000 for the National Credit Union
Administration's CDRLF for technical assistance grants, which
is $747,000 less than fiscal year 2011 and $1,500,000 less than
the request. The Committee expects the CDRLF to continue making
loans from their available funds derived from repaid loans and
interest earned on previous loans to designated credit unions.
Office of Government Ethics
SALARIES AND EXPENSES
Appropriation, fiscal year 2011....................... $13,972,000
Budget request, fiscal year 2012...................... 13,664,000
Recommended in the bill............................... 13,483,000
Bill compared with:
Appropriation, fiscal year 2011................... -489,000
Budget request, fiscal year 2012.................. -181,000
The Office of Government Ethics (OGE) established by the
Ethics in Government Act of 1978, partners with other executive
branch Departments and agencies to foster high ethical
standards. The OGE issues and monitors rules, regulations, and
memoranda pertaining to the prevention and resolution of
conflicts of interest, post-employment restrictions, standards
of conduct, and financial disclosure for executive branch
employees.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $13,483,000
for the OGE, which is $489,000 less than fiscal year 2011 and
$181,000 less than the request.
Office of Personnel Management
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
Appropriation, fiscal year 2011....................... $210,290,000
Budget request, fiscal year 2012...................... 232,550,000
Recommended in the bill............................... 210,290,000
Bill compared with:
Appropriation, fiscal year 2011................... - - -
Budget request, fiscal year 2012.................. -22,260,000
The Office of Personnel Management (OPM) is the Federal
agency responsible for management of Federal human resources
policy and oversight of the merit civil service system.
Although individual agencies are increasingly responsible for
personnel operations, OPM provides a government-wide policy
framework for personnel matters, advises and assists agencies
(often on a reimbursable basis), and ensures that agency
operations are consistent with requirements of law, with
emphasis on such issues as veterans preference. OPM oversees
examining of applicants for employment; issues regulations and
policies on hiring, classification and pay, training,
investigations, and many other aspects of personnel management;
and operates a reimbursable training program for the Federal
government's managers and executives. OPM is also responsible
for administering the retirement, health benefits and life
insurance programs affecting most Federal employees, retired
Federal employees, and their survivors.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $97,774,000
for the General Fund, which is the same as fiscal year 2011 and
$2,253,000 less than the request. The Committee also recommends
$112,516,000 for administrative expenses, the same as fiscal
year 2011 and $20,007,000 less than the request to be
transferred from the appropriate trust funds.
The Committee notes that OPM is responsible for promoting
diversity and inclusion in the Federal workforce by pursuing
recruitment and retention efforts focused on attracting diverse
talent. To further OPM's goal of promoting diversity and
inclusion in the Federal workforce, the Committee directs OPM
to provide a report on their ongoing activities to promote
workforce, management, and executive diversity. The Director
shall submit this report to the Committees on Appropriations of
the House of Representatives and the Senate 180 days after
enactment of this Act.
Additionally, as part of OPM's mission to recruit and hire
the most talented and diverse Federal workforce, the Committee
encourages Federal agencies to increase recruitment efforts
within the United States territories.
No funds are provided for the environmental manager
proposed in the request.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
Appropriation, fiscal year 2011....................... $24,316,000
Budget request, fiscal year 2012...................... 25,363,000
Recommended in the bill............................... 24,316,000
Bill compared with:
Appropriation, fiscal year 2011................... - - -
Budget request, fiscal year 2012.................. -1,047,000
This appropriation provides for the Office of Inspector
General's (OIG) agency-wide audit, investigative, evaluation,
and inspection functions, which identify management and
administrative deficiencies, fraud, waste and mismanagement.
The OIG performs internal agency audits and insurance audits,
and offers contract audit services. Internal audits review and
evaluate all facets of agency operations, including financial
statements. Evaluation and inspection services provide detailed
technical evaluations of agency operations. Insurance audits
review the operations of health and life insurance carriers,
health care providers, and insurance subscribers. Contract
auditors provide professional advice to agency contracting
officials on accounting and financial matters regarding the
negotiation, award, administration, repricing, and settlement
of contracts. The investigative function provides for the
detection and investigation of improper and illegal activities
involving programs, personnel, and operations.
COMMITTEE RECOMMENDATION
The Committee recommends a general fund appropriation of
$3,142,000 for the OIG, which is the same as fiscal year 2011
and $662,000 less than the request. In addition, the
recommendation provides $21,174,000 from appropriate trust
funds, which is the same as fiscal year 2011 and $385,000 less
than the request.
Office of Special Counsel
SALARIES AND EXPENSES
Appropriation, fiscal year 2011....................... $18,458,000
Budget request, fiscal year 2012...................... 19,486,000
Recommended in the bill............................... 17,997,000
Bill compared with:
Appropriation, fiscal year 2011................... -461,000
Budget request, fiscal year 2012.................. -1,489,000
The Office of Special Counsel (OSC): (1) investigates
Federal employee allegations of prohibited personnel practices
(including reprisal for whistleblowing) and, when appropriate,
prosecutes before the Merit Systems Protection Board; (2)
provides a channel for whistleblowing by Federal employees; and
(3) enforces the Hatch Act. The Office may transmit
whistleblower allegations to the agency head concerned and
require an agency investigation and a report to the Congress
and the President when appropriate. Additionally, the Office
enforces the civilian employment and reemployment rights of
military service members under the Uniformed Services
Employment and Re-employment Rights Act.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $17,997,000
for the OSC, which is $461,000 less than fiscal year 2011 and
$1,489,000 less than the request.
Postal Regulatory Commission
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2011....................... $14,304,000
Budget request, fiscal year 2012...................... 14,450,000
Recommended in the bill............................... 13,946,000
Bill compared with:
Appropriation, fiscal year 2011................... -358,000
Budget request, fiscal year 2012.................. -504,000
The Postal Accountability and Enhancement Act (PAEA) of
2006, Public Law 109-435, authorized the Postal Regulatory
Commission to receive appropriations by transfer from the
Postal Service Fund beginning in fiscal year 2009, and required
the Commission to submit to Congress a budget of its expenses.
The Commission establishes and maintains the U.S. Postal
Service's ratemaking systems, measures service and performance,
ensures accountability, and has enforcement mechanisms,
including the authority to issue subpoenas.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation, out of the
Postal Fund, of $13,946,000 for the Postal Regulatory
Commission, which is $358,000 less than fiscal year 2011 and
$504,000 less than the request.
Recovery Accountability And Transparency Board
SALARIES AND EXPENSES
Appropriation, fiscal year 2011....................... $- - -
Budget request, fiscal year 2012...................... 31,543,000
Recommended in the bill............................... 25,000,000
Bill compared with:
Appropriation, fiscal year 2011................... +25,000,000
Budget request, fiscal year 2012.................. -6,543,000
The Recovery Accountability and Transparency Board
(Recovery Board) was authorized in the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5) (Recovery Act). The
Recovery Board is composed of Inspectors General of agencies
administering programs and overseeing spending authorized in
the Recovery Act. The Recovery Board conducts and coordinates
activities related to the accountability, transparency, and
oversight of spending under the Recovery Act and oversees the
administration of Recovery.gov, a website providing detailed
information on the implementation of the Recovery Act. Through
fiscal year 2011, the costs of the Recovery Board were funded
by a Recovery Act appropriation. These funds have expired and
new funding is required to continue the Recovery Board's
oversight responsibilities.
COMMITTEE RECOMMENDATION
The Committee recommends $25,000,000 for the Recovery
Accountability and Transparency Board, which is $25,000,000
more than fiscal year 2011 and $6,543,000 less than the
request.
Securities and Exchange Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2011....................... $1,185,000,000
Budget request, fiscal year 2012...................... 1,407,483,000
Recommended in the bill............................... 1,185,000,000
Bill compared with:
Appropriation, fiscal year 2011................... - - -
Budget request, fiscal year 2012.................. -222,483,000
The primary mission of the Securities and Exchange
Commission (SEC) is to protect investors, maintain the
integrity of the securities markets, and assure adequate
information on the capital markets is made available to market
participants and policy makers. This includes monitoring the
rapid evolution of the capital markets, ensuring full
disclosure of all appropriate financial information, regulating
the Nation's securities markets, and preventing fraud and
malpractice in the securities and financial markets.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $1,185,000,000
for the SEC, which is the same as fiscal year 2011 and
$222,483,000 less than the request. The Committee designates
$6,790,000 as the minimum funding for the SEC Office of
Inspector General.
The Committee remains troubled with the SEC's management of
its operating budget. The Commission has a troubled past with
regard to its information technology procurement, renting of
leased space, as well as its ability to produce accurate
financial statements. The Committee believes that these lapses
demonstrate a concerning lack of ability to manage funds. This
Committee is reticent to provide more funding for the
Commission until efficiencies outlined in the Boston Consulting
Group (BCG) report are enacted.
The Committee concurs with the recommendation put forth in
the BCG report stating that the Commission needs to reorganize
in order to become more efficient and remains concerned about
the number of offices directly reporting to the Chairman. The
Committee is encouraged that the SEC consolidated the Office of
the Executive Director with the Office of the Chief Operating
Officer, as recommended in the BCG study, in order to realize
greater efficiencies. However, the Committee believes there are
more efficiencies to be realized by providing additional
authorities to the Chief Operating Officer (COO). Specifically,
the Committee encourages the Commission to establish a
coordinating council, chaired by the COO, with the authority to
resolve disputes among divisions and offices. Along with a
redesign of the Commission's organizational structure, the
Committee supports the BCG recommendation that the Commission
implement a continuous improvement program in order to
systematically reduce costs throughout the Commission.
The Committee supports continued funding for high priority
information technology programs within the Commission. However,
the Committee is concerned with past technology acquisition
decisions which used sole-source contracts and resulted in the
waste of taxpayer dollars. This failure in acquisition
management was easily avoidable had the Commission used its
Capital Planning and Investment Control process. The Committee
agrees with the Inspector General's report and urges the
Commission's Office of Information Technology to institute
appropriate procedures to ensure future technology acquisitions
undergo a comprehensive review in order to avoid past mistakes.
The Commission made poor decisions recently with regard to
their leasing practices. With the passage of the Dodd-Frank
Wall Street Reform and Consumer Protection Act, the Commission
was given elevated funding levels that were authorized but
never appropriated. The Commission chose to rent over 900,000
square feet of office space at Constitution Center in Southwest
Washington, D.C., instead of using its resources to invest in
needed IT upgrades or hire staff with priority skill sets. The
Committee has taken note of the Commission's leased space at
Constitution Center and remains concerned with the Commission's
ability to prioritize and budget its funding resources. While
the Commission has responded to the Inspector General's
recommendations, the Committee remains interested in seeing
tangible changes to the SEC's leasing practices. The Committee
bill includes section 629 to begin addressing leasing reforms.
The Committee believes the Commission should target its
recruiting toward persons with expertise in capital markets
operations and the business operations of the entities that the
SEC regulates. Experts in these areas can play a key role in
the Commission's work to maintain free, orderly, and properly
functioning markets.
The Committee remains concerned with the SEC's track record
in dealing with Ponzi schemes. The Committee strongly supports
the SEC's determination that certain individuals who invested
money through the Stanford Group Company are entitled to the
protections of the Securities Investor Protection Act of 1970
(SIPA). Furthermore, the Committee fully supports the SEC's
request to the Securities Investor Protection Corporation
(SIPC) to initiate a court proceeding under SIPA to liquidate
the broker-dealer. The Committee expects the SIPC to proceed
accordingly.
The Committee is interested in the Commission's proposed
rulemaking to establish a registration program for municipal
financial advisors under Section 975 of the Dodd-Frank Wall
Street Reform and Consumer Protection Act. The Committee is
concerned that the Commission's proposed rule may be overly
broad. The Committee expects that the final rule will be
consistent with legislative intent and will not duplicate
existing regulations. Accordingly, the Committee encourages the
Commission to take into consideration comments submitted in
response to the temporary rule and consult with bank regulators
to ensure that the final rule incorporates the existing bank
supervisory and examination system to achieve the goals of
Section 975.
The Commission has a number of joint rulemakings with the
Commodity Futures Trading Commission as required by the Dodd-
Frank Wall Street Reform and Consumer Protection Act. Given the
broad scope and depth of rules required to be issued under the
Dodd-Frank Act, the Committee directs all regulatory bodies to
move in unison and properly address market concerns when
issuing all rules, especially with regard to joint rulemakings.
The Committee takes note that the SEC is proceeding to
implement Section 417 of the Dodd-Frank Wall Street Reform and
Consumer Protection Act of 2010, related to studies of short
selling, and will continue to monitor its progress.
Selective Service System
SALARIES AND EXPENSES
Appropriation, fiscal year 2011....................... $24,226,000
Budget request, fiscal year 2012...................... 24,500,000
Recommended in the bill............................... 23,620,000
Bill compared with:
Appropriation, fiscal year 2011................... -606,000
Budget request, fiscal year 2012.................. -880,000
The Selective Service System was established by the
Selective Service Act of 1948. The mission of the System is to
be prepared to supply manpower to the Armed Forces adequate to
ensure the security of the United States during a time of
national emergency. Since 1973, the Armed Forces have relied on
volunteers to fill military manpower requirements, but
selective service registration was reinstituted in July 1980.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $23,620,000
for the Selective Service System, which is $606,000 less than
fiscal year 2011 and $880,000 less than the request.
Small Business Administration
The Small Business Administration (SBA) assists small
businesses through programs involving loans, grants, and
contracting preferences. These programs maintain and strengthen
an economy that depends on small businesses for 60 to 80
percent of job creation. SBA programs also serve disadvantaged
populations so that their small business enterprises may
overcome economic and social obstacles to success.
The recommendation provides a total of $978,306,000 for the
Small Business Administration. This amount is $7,133,000 less
than the budget request and $248,568,000 more than fiscal year
2011. Detailed guidance for the SBA appropriations accounts is
presented below.
SALARIES AND EXPENSES
Appropriation, fiscal year 2011....................... $432,571,000
Budget request, fiscal year 2012...................... 427,296,000
Recommended in the bill............................... 422,296,000
Bill compared with:
Appropriation, fiscal year 2011................... -10,275,000
Budget request, fiscal year 2012.................. -5,000,000
COMMITTEE RECOMMENDATION
The Committee recommends $422,296,000 for the salaries and
expenses of the SBA, which is $10,275,000 less than fiscal year
2011 and $5,000,000 less than the request. Within the amounts
made available under this heading, the Committee recommendation
provides $170,750,000 for the SBA non-credit business
assistance programs, which is $10,500,000 more than the request
and $11,207,000 less than fiscal year 2011.
The Committee recommendations for non-credit business
assistance, by program, are displayed in the following table:
NON-CREDIT BUSINESS ASSISTANCE PROGRAMS
[In thousands of dollars]
Small Business Development Centers.................... $112,000
Veterans Business Development......................... 2,500
SCORE................................................. 7,000
Women's Business Centers.............................. 14,000
National Women's Business Council..................... 920
Microloan Technical Assistance........................ 14,480
PRIME................................................. 5,000
Native American Outreach.............................. 1,250
7(j) Technical Assistance............................. 3,100
HUBZone............................................... 2,500
Clusters.............................................. 8,000
-----------------
Total, non-credit initiatives..................... 170,750
The SBA shall not reduce these non-credit programs from the
amounts specified above and the SBA shall not merge any of the
non-credit programs without advance written approval from the
Committee. The Committee recommendation includes an increase of
$10,500,000 above the request level for non-credit programs.
Funding above the request level was provided for the Small
Business Development Center (SBDC) Program, Microloan Technical
Assistance and PRIME which are programs that provide critical
support to small business, facilitate job creation, and
strengthen our economy.
The Committee encourages the SBA to support small business
development and entrepreneurship throughout the country by
funding non-profit organizations and institutions of higher
education that train and educate an entrepreneurial work force
and provide business development services designed to
accelerate industry sectors that build regional assets.
The Committee strongly supports the SBA's Historically
Underutilized Business Zone (HUBZone) program and believes that
it is a critical resource for distressed communities,
especially during the current economic downturn. The Committee
is aware that there are certain rural areas that are
underutilized business areas, but are excluded from HUBZone
designation based on the current program authorization. The
Committee encourages the SBA to continue to examine ways to
incorporate underutilized business areas into any future
revisions of the Small Business Act.
The Committee recognizes the value of the 8(a) program in
assisting small and disadvantaged businesses compete in the
marketplace and provides sufficient amount of funding to
execute the mission of the 8(a) program.
A recent Government Accountability Office (GAO) report
studying duplicative programs in the Federal government
identified 80 economic development programs at four agencies,
including the SBA, that appeared to overlap with at least one
other program in the economic development activities that they
are authorized to fund. GAO found that the SBA has taken only
limited steps to implement collaborative practices with other
Federal agencies. The Committee expects the SBA to seek more
opportunities for resource sharing across economic development
programs, identify ways to leverage each program's strengths to
improve existing collaborative efforts, and provide the
greatest benefit to small businesses at the least cost to
taxpayers. The Committee directs the SBA to report to the
Committee on its efforts to collaborate with other agencies in
the area of economic development within 60 days of enactment of
this Act.
OFFICE OF INSPECTOR GENERAL
Appropriation, fiscal year 2011....................... $16,267,000
Budget request, fiscal year 2012...................... 18,400,000
Recommended in the bill............................... 16,267,000
Bill compared with:
Appropriation, fiscal year 2011................... - - -
Budget request, fiscal year 2012.................. -2,133,000
COMMITTEE RECOMMENDATION
The Committee recommends $16,267,000 for the Office of
Inspector General of the SBA, which is the same as fiscal year
2011 and $2,133,000 less than the request. In addition,
$1,000,000 is made available by transfer from the Disaster
Loans Program Account.
OFFICE OF ADVOCACY
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2011....................... $- - -
Budget request, fiscal year 2012...................... 9,120,000
Recommended in the bill............................... 9,120,000
Bill compared with:
Appropriation, fiscal year 2011................... +9,120,000
Budget request, fiscal year 2012.................. - - -
COMMITTEE RECOMMENDATION
The Committee recommends $9,120,000 for the Office of
Advocacy of the SBA. The Small Business Jobs Act of 2010
(Public Law 111-240) requires this office to be funded through
a separate appropriation. Funding provided for the Office of
Advocacy, which was previously included in the salaries and
expenses appropriation, is equal to fiscal year 2011 and the
same as the request. In addition, the Committee provides
transfer authority allowing funds to be transferred from SBA's
operating budget to cover additional costs associated with the
administrative and rental expenses of the Office of Advocacy.
The Committee does not believe that the cost of this office
should be budgeted for in two separate accounts. The Committee
supports the Office's mission to reduce regulatory burdens that
Federal policies impose on small businesses and maximize the
benefits small businesses receive from the government.
BUSINESS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
Appropriation, fiscal year 2011....................... $235,528,000
Budget request, fiscal year 2012...................... 363,323,000
Recommended in the bill............................... 363,323,000
Bill compared with:
Appropriation, fiscal year 2011................... +127,795,000
Budget request, fiscal year 2012.................. - - -
The SBA Business Loans Program serves as an important
source of capital for America's small businesses. The
recommendation supports the 7(a) business loan program, the 504
certified development company program, Small Business
Investment Company (SBIC) debentures, and the Secondary Market
Guarantee Program.
COMMITTEE RECOMMENDATION
The Committee recommends a total of $363,323,000 for the
Business Loans Program Account, which is $127,795,000 more than
fiscal year 2011 and the same as the request. Of the amount
appropriated, $147,958,000 is for administrative expenses
related to business loan programs. The amount provided for
administrative expenses may be transferred to and merged with
the appropriation for SBA salaries and expenses to cover the
common overhead expenses associated with business loans.
The recommendation includes $211,600,000 for the subsidy
cost of the 7(a) business loan guarantee program and the 504
certified development program. This funding will help to
stimulate small business investment and will contribute to
economic growth. The effect of small businesses on the economy
is considerable. Firms employing fewer than 500 employees
comprise about 99.7 percent of all businesses in the nation and
employ roughly half of all private sector employees. The
subsidy funding provided in this account will help to ensure
the continued strength of the small business sector.
The recommendation also includes $3,765,000 in loan subsidy
for the Microloan Program. The amount provided is estimated to
support $25,000,000 in microloans.
DISASTER LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
Appropriation, fiscal year 2011....................... $45,372,000
Budget request, fiscal year 2012...................... 167,300,000
Recommended in the bill............................... 167,300,000
Bill compared with:
Appropriation, fiscal year 2011................... +121,928,000
Budget request, fiscal year 2012.................. - - -
COMMITTEE RECOMMENDATION
As required by the Federal Credit Reform Act of 1990, the
Congress is required to appropriate an amount sufficient to
cover the subsidy costs associated with all direct loan
obligations and loan guarantee commitments made in fiscal year
2012, as well as the administrative expenses of the loan
programs. The Committee recommends a total of $167,300,000 for
administrative expenses for fiscal year 2012, which is
$121,928,000 more than fiscal year 2011 and the same as the
request. Carryover from prior year supplemental acts previously
supported costs associated with administering the Disaster Loan
account, however by fiscal year 2012, this funding will be
exhausted; therefore, new appropriated dollars are needed. The
Committee provides $1,000,000 for the Office of Inspector
General for audits and reviews of the disaster loans program
and $9,000,000 may be transferred to Salaries and Expenses for
administrative expenses.
When the budget request was submitted, it assumed
sufficient prior year funds would be available to cover
estimated subsidy costs. In light of the destructive storms and
serious flooding that have occurred this year, the Committee
wants to ensure that there are sufficient funds available to
meet the lending needs of eligible victims. Therefore, the
Committee directs the Small Business Administration to continue
providing updates on available resources for the disaster loans
program on a monthly basis.
ADMINISTRATIVE PROVISIONS--SMALL BUSINESS ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
Section 509. The Committee continues a provision for the
SBA authorizing transfers of up to five percent of any SBA
appropriation to other appropriations, provided that transfers
do not increase an appropriation by more than 10 percent. The
provision also requires that transfers be treated as
reprogrammings of funds.
Section 510. The Committee includes a new provision
extending the length of time that a business that can obtain
credit elsewhere can repay a disaster loan from three to seven
years.
Section 511. The Committee includes a new provision
detailing information to be provided in the SBA's annual budget
request.
United States Postal Service
PAYMENT TO THE POSTAL SERVICE FUND
Appropriation, fiscal year 2011....................... $86,681,000
Budget request, fiscal year 2012...................... 78,153,000
Recommended in the bill............................... 78,153,000
Bill compared with:
Appropriation, fiscal year 2011................... -8,528,000
Budget request, fiscal year 2012.................. - - -
The United States Postal Service (USPS) is funded almost
entirely by Postal ratepayers rather than taxpayers. Funds
provided to the Postal Service in the Payment to the Postal
Service Fund include appropriations for revenue forgone in
providing free mail for the blind, people with disabilities,
and for overseas absentee voting.
COMMITTEE RECOMMENDATION
The Committee recommends appropriations totaling
$78,153,000 for Payment to the Postal Service Fund, which is
$8,528,000 less than fiscal year 2011 and the same as the
request. This is an advance appropriation for fiscal year 2013.
The bill includes language specifying that 6-day delivery and
rural delivery of mail shall continue at not less than the 1983
level. Language is also included prohibiting funds in this Act
from being used to consolidate or close small rural and other
small post offices.
The Committee commends the efforts of the USPS to be
fiscally responsible. However, when the USPS considers changes
in local delivery service, the Committee strongly urges the
USPS to hold public meetings, take into consideration the input
of residents, and provide fiscal justification before any major
changes in delivery service are made. The USPS is one of the
few Federal government entities that every American depends on
a daily basis and it is important that their service is
reflective of the world's premier mail delivery organization.
The Committee urges the USPS to continue its efforts at
achieving cost reductions without compromising services.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2011....................... $243,908,000
Budget request, fiscal year 2012...................... 244,397,000
Recommended in the bill............................... 237,810,000
Bill compared with:
Appropriation, fiscal year 2011................... -6,098,000
Budget request, fiscal year 2012.................. -6,587,000
The Postal Accountability and Enhancement Act (PAEA) of
2006, Public Law 109-435, authorized the Postal Service Office
of Inspector General (OIG) to receive funding by transfer out
of the Postal Service Fund beginning in fiscal year 2009. The
OIG conducts audits, reviews and investigations, and keeps
Congress informed on the efficiency and economy of Postal
Service programs and operations.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $237,810,000,
which is $6,098,000 less than fiscal year 2011 and $6,587,000
less than the request.
United States Tax Court
SALARIES AND EXPENSES
Appropriation, fiscal year 2011....................... $51,989,000
Budget request, fiscal year 2012...................... 59,996,000
Recommended in the bill............................... 50,689,000
Bill compared with:
Appropriation, fiscal year 2011................... -1,300,000
Budget request, fiscal year 2012.................. -9,307,000
The U.S. Tax Court adjudicates controversies involving
deficiencies in income, estate, and gift taxes. The Court also
has jurisdiction to determine deficiencies in certain excise
taxes to issue declaratory judgments in the areas of
qualifications of retirement plans, exemption of charitable
organizations, and to decide certain cases involving disclosure
of tax information by the Commissioner of the Internal Revenue
Service.
COMMITTEE RECOMMENDATION
The Committee recommends $50,689,000 for the U.S. Tax
Court, which is $1,300,000 less than fiscal year 2011 and
$9,307,000 less than the request.
TITLE VI--GENERAL PROVISIONS, THIS ACT
(RESCISSION)
Section 601. The Committee continues the provision
prohibiting pay and other expenses for non-Federal parties in
regulatory or adjudicatory proceedings funded in this Act.
Section 602. The Committee continues the provision
prohibiting obligations beyond the current fiscal year and
prohibits transfers of funds unless expressly so provided
herein.
Section 603. The Committee continues the provision limiting
procurement contracts for consulting service expenditures to
contracts that are matters of public record and available for
public inspection.
Section 604. The Committee continues the provision
prohibiting transfer of funds in this Act without express
authority.
Section 605. The Committee continues the provision
prohibiting the use of funds to engage in activities that would
prohibit the enforcement of section 307 of the 1930 Tariff Act.
Section 606. The Committee continues the provision
concerning compliance with the Buy American Act.
Section 607. The Committee continues the provision
prohibiting the use of funds by any person or entity convicted
of violating the Buy American Act.
Section 608. The Committee continues the provision
specifying reprogramming procedures. The provision requires
that agencies or entities funded by the Act notify the
Committee and obtain prior approval from the Committee for any
reprogramming of funds that: (1) creates a new program; (2)
eliminates a program, project, or activity; (3) increases funds
or personnel for any program, project, or activity for which
funds have been denied or restricted by the Congress; (4)
proposes to use funds directed for a specific activity by
either the House or Senate Committees on Appropriations for a
different purpose; (5) augments existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is
less; (6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or (7) reorganizes
offices, programs, or activities. The provision also directs
the agencies funded by this Act to submit operating plans for
the Committee's review within 60 days of the bill's enactment.
Section 609. The Committee continues the provision
providing that fifty percent of unobligated balances may remain
available for certain purposes.
Section 610. The Committee continues the provision
prohibiting funding for the Executive Office of the President
to request a Federal Bureau of Investigation background
investigation except with the express consent of the individual
involved or in extraordinary circumstances involving national
security.
Section 611. The Committee continues the provision
regarding cost accounting standards for contracts under the
Federal Employee Health Benefits Program.
Section 612. The Committee continues the provision
regarding non-foreign area cost of living allowances.
Section 613. The Committee continues the provision
prohibiting the expenditure of funds for abortion under the
Federal Employees Health Benefits Program.
Section 614. The Committee continues the provision making
exceptions to the preceding section where the life of the
mother is in danger or the pregnancy is a result of an act of
rape or incest.
Section 615. The Committee continues the provision waiving
restrictions on the purchase of non-domestic articles,
materials, and supplies in the case of acquisition by the
Federal government of information technology.
Section 616. The Committee continues the provision
prohibiting officers or employees of any regulatory agency or
commission funded by this Act from accepting travel payments or
reimbursements from a person or entity regulated by such agency
or commission.
Section 617. The Committee rescinds $998,000 from the
Privacy and Civil Liberties Oversight Board. While the
Committee is supportive of privacy and civil liberties
protections, this board has no members and has not incurred any
costs.
Section 618. The Committee continues the provision
clarifying that, for purposes of agricultural and medical trade
with Cuba, during fiscal year 2012 the term ``payment of cash
in advance'' as specified in section 908(b)(1) of the Trade
Sanctions Reform and Export Enhancement Act of 2000 shall be
interpreted as payment before the transfer of title to, and
control of, the exported items to the Cuban purchaser.
Section 619. The Committee continues the provision
permitting the Securities and Exchange Commission and
Commodities Future Trading Commission to fund a joint advisory
committee to advise on emerging regulatory issues,
notwithstanding Section 708 of this Act.
Section 620. The Committee includes language prohibiting
funds to carry out chapter 95 (Presidential Election Campaign
Fund) or 96 (Presidential Primary Matching Campaign Account) of
the Internal Revenue Code of 1986.
Section 621. The Committee includes language prohibiting
funding to implement the Federal Communications Commission's
net neutrality order (FCC 10-201, adopted by the Commission on
December 21, 2010).
Section 622. The Committee includes language prohibiting
funding for the Consumer Product Safety Commission to carry out
section 6A of the Consumer Product Safety Act related to an
unverifiable public consumer product safety complaint database.
Section 623. The Committee prohibits the obligation of
funds in fiscal year 2012 from the Securities and Exchange
Commission Reserve Fund established by the Dodd-Frank Wall
Street Reform and Consumer Protection Act. The Committee does
not support mandatory reserve funds. The Committee believes the
Commission should request the level of funding it believes is
necessary in any given fiscal year and not have access to
reserve funding that is outside of the Congressional review
process.
Section 624. The Committee includes a provision directing
the Comptroller General to conduct a cost-benefit analysis of
the Consumer Product Safety Improvement Act of 2008.
Section 625. The Committee includes new language regarding
the Fairness Doctrine. The language states that sections
73.1910, 76.209, 76.1612, and 76.1613 of title 47, Code of
Federal Regulations, shall have no force or effect after the
date of the enactment of this Act and the Federal
Communications Commission (FCC) shall take such action as is
necessary to remove such sections from the Code of Federal
Regulations. The Committee is pleased the Chairman of the FCC
has written the Committee on Energy and Commerce that the FCC
intends to delete regulations relating to the Fairness
Doctrine. The Committee urges the FCC to do so expeditiously.
Section 626. The Committee includes language requiring
certain agencies to provide quarterly reports on unobligated
prior year balances.
Section 627. The Committee includes language requiring
certain regulatory agencies to provide a report on increasing
public participation in rulemaking, improving coordination
among Federal agencies, and identifying ineffective or
excessively burdensome regulations.
Section 628. The Committee includes language providing for
several appropriated mandatory accounts. These are accounts
where authorizing language requires the payment of funds. The
Congressional Budget Office estimates the following costs for
the programs addressed in this provision: $450,000 for
Compensation of the President including $50,000 for expenses,
$99,000,000 for the Judicial Retirement Funds (Judicial
Officers' Retirement Fund, Judicial Survivors' Annuities Fund,
and the United States Court of Federal Claims Judges'
Retirement Fund), $10,862,000,000 for the Government Payment
for Annuitants, Employee Health Benefits, $52,000,000 for the
Government Payment for Annuitants, Employee Life Insurance, and
$9,979,000,000 for Payment to the Civil Service Retirement and
Disability Fund.
Section 629. The Committee includes a new provision that
requires certain regulatory agencies to consult with the
General Services Administration (GSA) before seeking new office
space or making alterations to existing office space. The
Securities and Exchange Commission's (SEC) calamitous lease of
the Constitutional Center has made the Committee question how
independent leasing authority improves the safety and soundness
of the financial market. Most Federal agencies are required to
obtain office space from the GSA. In accordance with the
agency's requirements, GSA finds either GSA-owned or leased
space for the agency. Some agencies, such as the SEC and
Federal Deposit Insurance Corporation, however, have statutory
authority to enter into leases without GSA. The Committee
recognizes that not every agency is wholly satisfied with GSA
as a landlord, but GSA's expertise and experience as the
Federal government's primary property manager should not be
underestimated. The mission of the SEC is to protect investors,
maintain fair, orderly, and efficient markets, and facilitate
capital formation, not to procure and oversee commercial real
estate leases. The mission of the GSA is to deliver and
maintain productive work space, including furnishings,
technology, supplies, and related services. This division of
labor should serve the Federal government and taxpayers well if
properly exercised.
Section 630. The Committee includes language that excludes
youth off-highway vehicles and bicycles from the lead bans
included in the Consumer Product Safety Improvement Act. The
Committee believes that children are more likely to be hurt due
to use of adult off-highway vehicles than due to lead exposure
in components such as tire valves and battery cables.
Section 631. The Committee includes new language
prohibiting funds for the Federal Trade Commission to complete
the draft report entitled ``Interagency Working Group on Food
Marketed to Children: Preliminary Proposed Nutrition Principles
to Guide Industry Self-Regulatory Efforts'' unless the
Interagency Working Group on Food Marketed to Children complies
with Executive Order 13563, including the requirement in
Section 1(c) to provide quantified present and future benefits
and costs.
Section 632. The Committee includes language prohibiting
funding for certain Czars including the White House Director of
the Office of Health Reform, the Assistant to the President for
Energy and Climate Change, the Senior Advisor to the Secretary
of the Treasury assigned to the Presidential Task Force on the
Auto Industry and Senior Counselor for Manufacturing Policy,
and the White House Director of Urban Affairs.
Section 633. The Committee includes new language regarding
commercial terrestrial operations.
TITLE VII--GENERAL PROVISIONS, GOVERNMENT-WIDE
Departments, Agencies, and Corporations
The Committee requests a report be completed by the
Comptroller General of the United States not later than 90 days
after the date of the enactment of this Act. The report shall
state the percentage of Federal grant dollars (across all
agencies) that are awarded to each of the following:
(1) Persistent poverty communities (as defined in section
105 of title I of division A of Public Law 111-5 (123 Stat.
127)).
(2) Empowerment zones and enterprise communities (as
designated pursuant to section 1391 of the Internal Revenue
Code of 1986).
(3) Renewal communities (as defined in section 1400E of
such Code).
Section 701. The Committee continues the provision
requiring agencies to administer a policy designed to ensure
that all of its workplaces are free from the illegal use of
controlled substances.
Section 702. The Committee continues the provision
establishing price limitations on vehicles to be purchased by
the Federal government with an exemption for the purchase of
electric, plug-in hybrid electric, and hydrogen fuel cell
vehicles.
Section 703. The Committee continues the provision allowing
funds made available to agencies for travel to also be used for
quarter allowances and cost-of-living allowances.
Section 704. The Committee continues the provision
concerning the employment of noncitizens.
Section 705. The Committee continues the provision giving
agencies the authority to pay General Services Administration
bills for space renovation and other services.
Section 706. The Committee continues the provision allowing
agencies to finance the costs of recycling and waste prevention
programs with proceeds from the sale of materials recovered
through such programs.
Section 707. The Committee continues the provision
providing that funds made available to corporations and
agencies subject to 31 U.S.C. 91 may pay rent and other service
costs in the District of Columbia.
Section 708. The Committee continues the provision
prohibiting interagency financing of groups absent prior
statutory approval.
Section 709. The Committee continues the provision
prohibiting the use of funds for enforcing regulations
disapproved in accordance with the applicable law of the U.S.
Section 710. The Committee continues the provision limiting
the amount of funds that can be used for redecoration of
offices under certain circumstances.
Section 711. The Committee continues the provision to allow
for interagency funding of national security and emergency
telecommunications initiatives.
Section 712. The Committee continues the provision
requiring agencies to certify that a Schedule C appointment was
not created solely or primarily to detail the employee to the
White House.
Section 713. The Committee continues the provision
prohibiting the payment of any employee who prohibits,
threatens or prevents another employee from communicating with
Congress.
Section 714. The Committee continues the provision
prohibiting Federal training not directly related to the
performance of official duties.
Section 715. The Committee continues the provision
prohibiting the expenditure of funds for implementation of
agreements in nondisclosure policies unless certain provisions
are included.
Section 716. The Committee continues the provision
prohibiting, other than for normal and recognized executive-
legislative relationships, propaganda, publicity and lobbying
by executive agency personnel in support or defeat of
legislative initiatives.
Section 717. The Committee continues the provision
prohibiting any Federal agency from disclosing an employee's
home address to any labor organization, absent employee
authorization or court order.
Section 718. The Committee continues the provision
prohibiting funds to be used to provide non-public information
such as mailing or telephone lists to any person or
organization outside the government without the approval of the
Committees on Appropriations.
Section 719. The Committee continues the provision
prohibiting the use of funds for propaganda and publicity
purposes not authorized by Congress.
Section 720. The Committee continues the provision, with a
modification, directing agency employees to use official time
in an honest effort to perform official duties.
Section 721. The Committee continues the provision
authorizing the use of funds to finance an appropriate share of
the Federal Accounting Standards Advisory Board.
Section 722. The Committee continues the provision
authorizing agencies to transfer $17,000,000 to the Government-
wide Policy account of General Services Administration to
finance an appropriate share of various government-wide boards
and councils.
Section 723. The Committee continues the provision that
permits breast feeding in a Federal building or on Federal
property if the woman and child are authorized to be there.
Section 724. The Committee continues the provision that
permits interagency funding of the National Science and
Technology Council and provides for a report on the budget and
resources of the National Science and Technology Council. The
report should include the entire budget of the National Science
and Technology Council.
Section 725. The Committee continues the provision
requiring documents involving the distribution of Federal funds
to indicate the agency providing the funds and the amount
provided.
Section 726. The Committee continues the provision
prohibiting the use of funds to monitor personal access or use
of Internet sites or to collect, review, or obtain any
personally identifiable information relating to access to or
use of an Internet site.
Section 727. The Committee continues a provision requiring
health plans participating in the Federal Employee Health
Benefits Program to provide contraceptive coverage and provides
exemptions to certain religious plans.
Section 728. The Committee includes language supporting
strict adherence to antidoping activities.
Section 729. The Committee continues a provision allowing
funds for official travel to be used by departments and
agencies, if consistent with OMB Circular A-126, to participate
in the fractional aircraft ownership pilot program.
Section 730. The Committee continues a provision
prohibiting funds for implementation of Office of Personnel
Management regulations limiting detailees to the Legislative
Branch, and implementing limitations on the Coast Guard
Congressional Fellowship Program.
Section 731. The Committee continues the provision that
restricts the use of funds for Federal law enforcement training
facilities.
Section 732. The Committee continues the provision
concerning transfers or reimbursements for ``E-Government''
initiatives.
Section 733. The Committee continues a provision that
prohibits the use of funds to begin or announce a study or
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 734. The Committee continues the provision that
prohibits Executive Branch agencies from creating prepackaged
news stories that are broadcast or distributed in the United
States unless the story includes a clear notification within
the text or audio of that news story that the prepackaged news
story was prepared or funded by that executive branch agency.
This provision confirms the opinion of the Government
Accountability Office dated February 17, 2005 (B-304272).
Section 735. The Committee continues the provision
prohibiting use of funds in contravention of section 552a of
title 5, United States Code (the Privacy Act) and regulations
implementing that section.
Section 736. The Committee continues the provision
requiring agencies to evaluate the creditworthiness of an
individual before issuing the individual a government travel
charge card and limits agency actions accordingly.
Section 737. The Committee continues a provision
prohibiting funds from being used for any Federal government
contract with any foreign incorporated entity which is treated
as an inverted domestic corporation.
Section 738. The Committee includes language prohibiting
funds to require any entity submitting an offer for a Federal
contract to disclose political contributions.
Section 739. The Committee continues the provision
concerning the non-application of these general provisions to
title IV and to title VIII.
Section 740. The Committee includes new language
prohibiting funds to any corporation with certain unpaid
Federal tax liabilities.
Section 741. The Committee includes new language
prohibiting funds to any corporation that was convicted of a
felony criminal violation within the preceding 24 months.
Section 742. The Committee includes new language
prohibiting funding for hiring new Federal employees that are
not verified through the E-Verify program.
TITLE VIII
General Provisions--District of Columbia
Section 801. The Committee continues the provision that
appropriates funds for refunding overpayments of taxes
collected and for paying settlements and judgments against the
District of Columbia government.
Section 802. The Committee includes language prohibiting
the use of Federal funds for publicity or propaganda purposes.
Section 803. The Committee continues the provision that
establishes reprogramming procedures for Federal funds.
Section 804. The Committee continues the provision
prohibiting the use of Federal funds to provide salaries or
other costs associated with the offices of United States
Senator or Representative.
Section 805. The Committee continues language restricting
the use of official vehicles to official duties.
Section 806. The Committee continues the provision that
prohibits the use of Federal funds for any petition drive or
civil action which seeks to require Congress to provide for
voting representation in Congress for the District of Columbia.
Section 807. The Committee includes language prohibiting
the use of Federal funds for needle exchange programs.
Section 808. The Committee continues the provision that
includes a ``conscience clause'' on legislation that pertains
to contraceptive coverage by health insurance plans.
Section 809. The Committee includes language prohibiting
the use of Federal funds to legalize or reduce penalties
associated with the possession, use, or distribution on any
schedule I substance under the Controlled Substances Act (or
any tetrahydrocannabinols derivative).
Section 810. The Committee continues the provision that
prohibits the use of funds for abortion except in the cases of
rape or incest or if necessary to save the life of the mother
as reinstated by Public Law 112-10. The Committee directs the
District of Columbia to provide a comprehensive report no later
than January 31, 2012 specifying all steps taken to ensure
compliance with the reinstated policy.
Section 811. The Committee continues the provision
requiring the Chief Financial Officer (CFO) to submit a revised
operating budget for all agencies in the D.C. government, no
later than 30 calendar days after the enactment of this Act
that realigns budgeted data with anticipated actual
expenditures.
Section 812. The Committee continues the provision
requiring the CFO to submit a revised operating budget for D.C.
Public Schools, no later than 30 calendar days after the
enactment of this Act that realigns school budgets to actual
school enrollment.
Section 813. The Committee continues the provision
authorizing the transfer of local funds to capital and
enterprise funds.
Section 814. The Committee continues the provision which
limits references to ``this Act'' as referring to only this
title and title IV.
TITLE IX--ADDITIONAL GENERAL PROVISIONS
SPENDING REDUCTION ACCOUNT
Section 901. The Committee includes new language regarding
family travel and remittance to Cuba.
Section 902. The Committee includes a new provision that
prohibits new budget authority from exceeding the budget
allocation in fiscal year 2012.
House of Representatives Report Requirements
The following items are included in accordance with various
requirements of the Rules of the House of Representatives:
Full Committee Votes
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the following is a statement of
general performance goals and objectives for which this measure
authorizes funding:
The Committee on Appropriations considers program
performance, including a program's success in developing and
attaining outcome-related goals and objectives, in developing
funding recommendations.
Rescission of Funds
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following table is submitted
describing the rescissions recommended in the accompanying
bill:
Treasury Forfeiture Fund.............................. $630,000,000
Counterdrug Technology Assessment Center.............. 11,328,000
United States Sentencing Commission................... 100,000
General Services Administration Policy and Operations. 4,600,000
Privacy and Civil Liberties Oversight Board........... 998,000
Transfer of Funds
Pursuant to clause 3(f)(2), rule XIII of the Rules of the
House of Representatives, the following is submitted describing
the transfer of funds provided in the accompanying bill.
The Committee recommends the following transfers:
UNDER TITLE I--DEPARTMENT OF THE TREASURY
Under the Department of the Treasury, ``Office of Terrorism
and Financial Intelligence, Salaries and Expenses'',
unobligated balances associated with these activities under the
Departmental Offices heading shall be transferred and merged
with this account.
Section 103 allows the transfer of five percent of any
appropriation (or three percent of Internal Revenue Service
(IRS), ``Enforcement'') made available to the IRS to any other
IRS appropriation, subject to prior congressional approval.
Section 111 authorizes transfers, up to two percent,
between Departmental Offices, Office of Terrorism and Financial
Intelligence, Office of Inspector General, Financial Management
Service, Alcohol and Tobacco Tax and Trade Bureau, Financial
Crimes Enforcement Network, and the Bureau of the Public Debt
appropriations under certain circumstances.
Section 112 authorizes transfers, up to two percent,
between the IRS and the Treasury Inspector General for Tax
Administration under certain circumstances.
Section 115 authorizes the transfer of funds from the
``Financial Management Service, Salaries and Expenses'', to the
``Debt Collection Fund'' as necessary to cover the cost of debt
collection.
UNDER TITLE II--EXECUTIVE OFFICE OF THE PRESIDENT
Language is included under Federal Drug Control Programs,
``High Intensity Drug Trafficking Areas Program'', which allows
for the transfer of funds to Federal departments or agencies
and State and local entities.
Language is included under Federal Drug Control Programs,
``Other Federal Drug Control Programs'', allowing the transfer
of funds to other Federal departments or agencies.
Language is included under ``Integrated, Efficient and
Effective Uses of Information Technology'', allowing the
transfer of funds to other agencies to carry out projects.
Language is included under the Official Residence of the
Vice President, ``Operating Expenses'', allowing the transfer
of funds to other Federal departments or agencies.
Section 201 permits the Executive Office of the President
to transfer up to 10 percent of any appropriation, subject to a
15 day notification period.
UNDER TITLE III--THE JUDICIARY
Language is included under ``Courts of Appeals, District
Courts, and Other Judicial Services, Court Security'', allowing
funds to be transferred to the United States Marshals Service
for courthouse security.
Section 302 permits the Judiciary to transfer up to five
percent of any appropriation with certain limitations.
UNDER TITLE IV--DISTRICT OF COLUMBIA
Language is included under ``Federal Payment for Defender
Services in District of Columbia Courts'' allowing $10,000,000
to be transferred to the District of Columbia Courts.
UNDER TITLE V--INDEPENDENT AGENCIES
Under Title V, Independent Agencies, a number of transfers
are allowed: (1) the Election Assistance Commission account may
transfer $1,625,000 to the National Institute for Standards and
Technology; (2) section 502 allows the transfer of funding
within Federal Buildings Fund after approval of the Committee;
(3) under Merit Systems Protection Board, an amount is
transferred from the Civil Service Retirement and Disability
Fund; (4) under Office of Personnel Management, amounts from
certain trust funds are transferred to the Salaries and
Expenses and Office of Inspector General accounts for
administrative expenses; (5) under the Postal Regulatory
Commission, amounts are transferred from the Postal Service
Fund; (6) under Small Business Administration, Office of
Advocacy, funds may be transferred from Salaries and Expenses
to cover required administrative and facilities costs; (7)
under Small Business Administration, Business Loans Program
Account, amounts may be transferred to the Office of Inspector
General, and Salaries and Expenses; (8) under Small Business
Administration, Disaster Loans Program Account, amounts may be
transferred to the Office of Inspector General, and Salaries
and Expenses; (9) under Administrative Provision-Small Business
Administration, amounts may be transferred between
appropriations of the Small Business Administration; and (10)
under United States Postal Service, Office of Inspector
General, amounts are transferred from the Postal Service Fund.
UNDER TITLE VII--GOVERNMENT-WIDE
Section 722 authorizes departments and agencies to transfer
funds to the General Services Administration to support certain
financial, information technology, procurement and other
management initiatives.
UNDER TITLE VIII--GENERAL PROVISIONS, DISTRICT OF COLUMBIA
Section 803 authorizes the District of Columbia to transfer
local funds.
Disclosure of Earmarks and Congressionally Directed Spending Items
Neither the bill nor the report contains any Congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI.
Compliance With Rule XIII, Cl. 3(e) (Ramseyer Rule)
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
SECTION 122 OF THE DEPARTMENT OF JUSTICE APPROPRIATIONS ACT, 1998
(Public Law 105-119)
Sec. 122. (a) * * *
* * * * * * *
(g)(1) Notwithstanding any other provision of law and subject
to paragraph (2), the Secretary of the Treasury is authorized
to establish, for a period of [12 years] 14 years from date of
enactment of this provision, a personnel management
demonstration project providing for the compensation and
performance management of not more than a combined total of 950
employees who fill critical scientific, technical, engineering,
intelligence analyst, language translator, and medical
positions in the Bureau of Alcohol, Tobacco and Firearms.
* * * * * * *
----------
TITLE 31, UNITED STATES CODE
* * * * * * *
SUBTITLE I--GENERAL
* * * * * * *
CHAPTER 3--DEPARTMENT OF THE TREASURY
SUBCHAPTER I--ORGANIZATION
* * * * * * *
Sec. 310. Financial Crimes Enforcement Network
(a) * * *
(b) Director.--
(1) * * *
(2) Duties and powers.--The duties and powers of the
Director are as follows:
(A) * * *
* * * * * * *
(E) Furnish research, analytical, and
informational services to financial
institutions, appropriate Federal and foreign
regulatory agencies with regard to financial
institutions, and appropriate Federal, State,
local, and foreign law enforcement authorities,
in accordance with policies and guidelines
established by the Secretary of the Treasury or
the Under Secretary of the Treasury for
Enforcement, in the interest of detection,
prevention, and prosecution of terrorism,
organized crime, money laundering, and other
financial crimes.
* * * * * * *
SUBTITLE II--THE BUDGET PROCESS
* * * * * * *
CHAPTER 11--THE BUDGET AND FISCAL, BUDGET, AND PROGRAM INFORMATION
* * * * * * *
Sec. 1107. Deficiency and supplemental appropriations
The President may submit to Congress proposed deficiency and
supplemental appropriations the President decides are necessary
because of laws enacted after the submission of the budget or
that are in the public interest. The President shall include
the reasons for the submission of the proposed appropriations
and the reasons the proposed appropriations were not included
in the budget. When the total proposed appropriations would
have required the President to make a recommendation under
section 1105(c) of this title if they had been included in the
budget, the President shall make a recommendation under that
section. The President shall submit to Congress, without
change, proposed deficiency and supplemental appropriations
submitted to the President by the legislative branch and the
judicial branch.
* * * * * * *
SUBTITLE IV--MONEY
* * * * * * *
CHAPTER 51--COINS AND CURRENCY
* * * * * * *
SUBCHAPTER II--GENERAL AUTHORITY
* * * * * * *
Sec. 5114. Engraving and printing currency and security documents
(a) * * *
* * * * * * *
(c) The Secretary may make a contract [for a period of not
more than 4 years] to manufacture distinctive paper for United
States currency and securities. To promote competition among
manufacturers of the distinctive paper, the Secretary may split
the award for the manufacture of the paper between the 2
bidders with the lowest prices a pound. When the Secretary
decides that it is necessary to operate more than one mill to
manufacture distinctive paper, the Secretary may--
(1) * * *
* * * * * * *
SUBTITLE IV--MONEY
* * * * * * *
CHAPTER 53--MONETARY TRANSACTIONS
* * * * * * *
SUBCHAPTER II--RECORDS AND REPORTS ON MONETARY INSTRUMENTS TRANSACTIONS
* * * * * * *
Sec. 5318. Compliance, exemptions, and summons authority
(a) * * *
* * * * * * *
(g) Reporting of Suspicious Transactions.--
(1) * * *
(2) Notification prohibited.--
(A) In general.--If a financial institution
or any director, officer, employee, or agent of
any financial institution, voluntarily or
pursuant to this section or any other
authority, reports a suspicious transaction to
a government agency--
(i) the financial institution,
director, officer, employee, or agent
may not notify any person involved in
the transaction that the transaction
has been reported; [and]
(ii) no officer or employee of the
Federal Government or of any State,
local, tribal, or territorial
government within the United States,
who has any knowledge that such report
was made may disclose to any person
involved in the transaction that the
transaction has been reported, other
than as necessary to fulfill the
official duties of such officer or
employee[.]; and
(iii) no other person that the
Secretary may prescribe by regulation,
who has knowledge that such report was
made, may disclose to any person
involved in the transaction that the
transaction has been reported.
* * * * * * *
Sec. 5319. Availability of reports
The Secretary of the Treasury shall make information in a
report filed under this subchapter available to an agency,
including any State financial institutions supervisory agency,
United States intelligence agency or self-regulatory
organization registered with the Securities and Exchange
Commission or the Commodity Futures Trading Commission, upon
request of the head of the agency or organization. The report
shall be available for a purpose that is consistent with this
subchapter. The Secretary may only require reports on the use
of such information by any State financial institutions
supervisory agency for other than supervisory purposes or by
United States intelligence agencies. However, a report and
records of reports are exempt from disclosure under section 552
of title 5, or under any State law having or intended to have a
similar effect.
* * * * * * *
Sec. 5331. Reports relating to coins and currency received in
nonfinancial trade or business
(a) Coin and Currency Receipts of More Than $10,000.--Any
person--
[(1) who is engaged in a trade or business; and]
(1)(A) who is engaged in a trade or business, and
[(2)] (B) who, in the course of such trade or
business, receives more than $10,000 in coins or
currency in 1 transaction (or 2 or more related
transactions), or
(2) who is required to file a report under section
6050I(g) of the Internal Revenue Code of 1986,
* * * * * * *
----------
SECTION 120 OF THE EMERGENCY ECONOMIC STABILIZATION ACT OF
2008
SEC. 120. TERMINATION OF AUTHORITY.
(a) * * *
* * * * * * *
(c) Termination of Authority To Provide New Assistance Under
the Home Affordable Modification Program.--
(1) In general.--Except as provided under paragraph
(2), after the date of the enactment of this subsection
the Secretary may not provide any assistance under the
Home Affordable Modification Program under the Making
Home Affordable initiative of the Secretary, authorized
under this Act, on behalf of any homeowner.
(2) Protection of existing obligations on behalf of
homeowners already extended an offer to participate in
the program.--Paragraph (1) shall not apply with
respect to assistance provided on behalf of a homeowner
who, before the date of the enactment of this
subsection, was extended an offer to participate in the
Home Affordable Modification Program on a trial or
permanent basis.
----------
SECTION 203 OF THE JUDICIAL IMPROVEMENTS ACT OF 1990
SEC. 203. DISTRICT JUDGES FOR THE DISTRICT COURTS.
(a) * * *
* * * * * * *
(c) Temporary Judgeships.--The President shall appoint, by
and with the advice and consent of the Senate--
(1) * * *
* * * * * * *
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 [20 years] 21 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 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 17 years or
more after the confirmation date of the judge named to fill the
temporary judgeship created under this subsection shall not be
filled. For districts named in this subsection for which
multiple judgeships are created by this Act, the last of those
judgeships filled shall be the judgeships created under this
section.
* * * * * * *
----------
SECTION 7 OF THE SMALL BUSINESS ACT
Sec. 7. (a) * * *
* * * * * * *
(d)(1) * * *
* * * * * * *
(5) Notwithstanding the provisions of any other law,
the interest rate on the Federal share of any loan made
under subsection (b)(1) and (b)(2) on account of a
disaster commencing on or after October 1, 1982, shall
be--
(A) * * *
* * * * * * *
(D) in the case of a business concern able to
obtain credit elsewhere, the rate prescribed by
the Administration but not in excess of the
lowest of (i) the rate prevailing in the
private market for similar loans, (ii) the rate
prescribed by the Administration as the maximum
interest rate for deferred participation
(guaranteed) loans under section 7(a) of this
Act, or (iii) 8 per centum per annum. Loans
under this subparagraph shall be limited to a
maximum term of [three years] 7 years.
* * * * * * *
Changes in the Application of Existing Law
Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of
the House of Representatives, the following statements are
submitted describing the effect of provisions proposed in the
accompanying bill which may be considered, under certain
circumstances, to change the application of existing law,
either directly or indirectly. The bill provides that
appropriations shall remain available for more than one year
for a number of programs for which the basic authorizing
legislation does not explicitly authorize such extended
availability. The bill provides, in some instances, for funding
of agencies and activities where legislation has not yet been
finalized. In addition, the bill carries language, in some
instances, permitting activities not authorized by law, or
exempting agencies from certain provisions of law, but which
has been carried in appropriations acts for many years.
The bill includes several limitations on official
entertainment, reception and representation expenses. Similar
provisions have appeared in many previous appropriations Acts.
The bill includes a number of limitations on the purchase of
automobiles or office furnishings that also have appeared in
many previous appropriations Acts. Language is included in
several instances permitting certain funds to be credited to
the appropriations recommended.
TITLE I--DEPARTMENT OF THE TREASURY
Language is included for Departmental Offices, ``Salaries
and Expenses'', that provides funds for operation and
maintenance of the Treasury Building Annex; hire of passenger
motor vehicles; maintenance, repairs, and improvements of, and
purchase of commercial insurance policies for real properties
leased or owned overseas; official reception and representation
expenses; Treasury-wide financial audits; the Global Tax Forum;
information technology modernization requirements; critical
infrastructure protection and compliance policy programs; and
the period of availability; and specifying certain amounts for
unforeseen emergencies of a confidential nature.
Language is included for the Office of Terrorism and
Financial Intelligence that provides funds combating threats to
national security and secure space. Language is also included
that limits the availability of certain amounts.
Language is included to limit fiscal year 2012 transfers
from the Federal Reserve to the Bureau of Consumer Financial
Protection (BCFP) to $200 million and to limit BCFP obligations
to $200 million. Additional language is included to subject the
BCFP to the annual appropriations process beginning in fiscal
year 2013.
Language is included for the Office of Inspector General,
``Salaries and Expenses'', that provides funds to carry out the
provisions of the Inspector General Act of 1978, including the
hire of vehicles and specifies amounts for unforeseen
emergencies of a confidential nature.
Language is included for the Treasury Inspector General for
Tax Administration, ``Salaries and Expenses'', that provides
funds to carry out the provisions of the Inspector General Act
of 1978, including the purchase and hire of motor vehicles and
specifies amounts for unforeseen emergencies of a confidential
nature.
Language is included for the Financial Crimes Enforcement
Network, ``Salaries and Expenses'', that provides funds for
hire of motor vehicles; the travel and training of non-federal
and foreign government personnel attending meetings involving
domestic or foreign financial law enforcement, intelligence,
and regulation; official reception and representation expenses;
and assistance to Federal law enforcement agencies with or
without reimbursement. Language is also included that limits
the availability of certain amounts.
Language is included for the Financial Management Service,
``Salaries and Expenses'', that provides a certain amount for
official reception and representation expenses and limits the
availability for systems modernization funds.
Language is included for the Alcohol and Tobacco Tax and
Trade Bureau, ``Salaries and Expenses'', that provides funds
for the hire of passenger motor vehicles and laboratory
assistance to State and local agencies with or without
reimbursement. Language is also included that specifies the
amounts for official reception and representation expenses and
cooperative research and development.
Language is included for the U.S. Mint, ``United States
Mint Public Enterprise Fund'', that identifies the source of
funding for the operations and activities of the U.S. Mint and
specifies the level of funding for circulating coinage and
protective service capital investments.
Language is included for the Bureau of the Public Debt,
``Administering the Public Debt'', that specifies funds for
official reception and representation expenses; and provides
that appropriations from the General Fund will be reduced as
fees are collected, and that a portion of the funds are to be
derived from the Oil Spill Liability Trust Fund for
administration of the Fund. Language is also included that
limits the availability of certain amounts.
Language is included for the Community Development
Financial Institutions Fund Program Account that provides
specific amounts for: Native American initiatives,
administrative expenses, and the cost of direct loans. Language
is included clarifying the cost of direct loans and the cost of
modifying direct loans, and specifying the limitation on gross
obligations for the principal amount of direct loans. Language
is included to require specialized versions of the financial
and technical assistance program to fulfill the findings of the
Riegle Act.
Language is included under Internal Revenue Service,
``Taxpayer Services'' that provides funds for pre-filing
assistance and education, filing and account services, and
taxpayer advocacy services, implementation of the tax credit in
title II of Division A the Trade Act of 2002 (Public Law 107-
210), and dedicating funding for the Tax Counseling for the
Elderly Program, low-income taxpayer clinic grants, Community
Volunteer Income Tax Assistance grants, and operating expenses
of the Taxpayer Advocate Service.
Language is included for Internal Revenue Service,
``Enforcement'' that provides funds to determine and collect
owed taxes, provide legal and litigation support, conduct
criminal investigations, enforce criminal statutes, purchase
and hire of vehicles; and funding for the Interagency Crime and
Drug Enforcement program.
Language is included for the Internal Revenue Service,
``Operations Support'' that provides funds for operating and
supporting taxpayer services and tax law enforcement programs;
rent; facilities services; printing; postage; physical
security; headquarters and other IRS-wide administration
activities; research and statistics of income;
telecommunications; information technology development,
enhancement, operations, maintenance, and security; hire of
passenger motor vehicles; and dedicating funding for the IRS
Oversight Board and official reception and representation
expenses.
Language is included for Internal Revenue Service,
``Business Systems Modernization'' that provides for the
business systems modernization program, including capital asset
acquisition of information technology, including management and
related contractual costs and IRS labor costs of said
acquisitions, contractual costs associated with operations, and
places certain restrictions on the use of the funds.
TITLE II--EXECUTIVE OFFICE OF THE PRESIDENT
Language under The White House, ``Salaries and Expenses'',
provides funds for services authorized by 5 U.S.C. 3109 and 3
U.S.C. 105 and 107, subsistence expenses, hire of vehicles,
newspapers, periodicals, travel, and official entertainment
expenses; and the Office of Policy Development.
Language under the Executive Residence at the White House,
``Operating Expenses'', provides funds for official
entertainment expenses of the President, and the care,
maintenance, repair and alteration, refurnishing, improvement,
heating, and lighting, including electric power and fixtures,
of the Executive Residence at the White House.
Language under the Executive Residence at the White House,
``Reimbursable Expenses'', specifies the authorized use of
funds; specifies that reimbursable expenses are the exclusive
authority of the Executive Residence to incur obligations and
receive offsetting collections; requires the sponsors of
political events to make advance payments; requires the
national committee of the political party of the President to
maintain $25,000 on deposit; requires the Executive Residence
to ensure that amounts owed are billed within 60 days of a
reimbursable event and collected within 30 days of the bill
notice; authorizes the Executive Residence to charge and assess
interest and penalties on late payments; authorizes all
reimbursements to be deposited into the Treasury as a
miscellaneous receipt; requires a report to the Committee on
the reimbursable expenses within 90 days of the end of the
fiscal year; requires the Executive Residence to maintain a
system for tracking and classifying reimbursable events; and
specifies that the Executive Residence is not exempt from the
requirements of subchapter I or II of chapter 37 of title 31,
United States Code.
Language under ``White House Repair and Restoration''
provides funds for the repair, alteration, improvement of the
Executive Residence at the White House and allows funds to
remain available until expended.
Language under National Security Council and Homeland
Security Council ``Salaries and Expenses'', provides for
services authorized by 5 U.S.C. 3109.
Language under Office of Administration, ``Salaries and
Expenses'', provides funds for continued modernization of the
information technology infrastructure within the Executive
Office of the President, to remain available until expended.
Language under Office of Management and Budget, ``Salaries
and Expenses'', provides funds for expenses, services
authorized by 5 U.S.C. 3109, the hire of vehicles; carrying out
provisions of chapter 35 of 44 U.S.C.; specifies funds for
official representation expense; prohibits the review of
agricultural marketing orders; prohibits the use of funds for
the purpose of altering the transcript of testimony except for
OMB officials; prohibits the use of funds for evaluating or
determining if water resource project or study reports
submitted by the Chief of Engineers are in compliance with all
applicable laws, regulations, and requirements; and specifies
the amount of time to perform budgetary policy reviews of water
resource matters on which the Chief of Engineers has reported
before the report is considered approved, and specifies
notification requirements.
Language under the Office of National Drug Control Policy,
``Salaries and Expenses'', provides funds for expenses,
research, official reception and representation expenses,
participation in joint projects, and allows for the acceptance
of gifts. Language is also included providing funds for policy
research and evaluation and making these funds available until
expended.
Language under Federal Drug Control Programs. ``High
Intensity Drug Trafficking Areas Program'', provides for the
transfer of funds to Federal agencies and departments. Language
is also included regarding the availability of funds,
specifying the amount of funds for auditing and associated
activities, requiring each designated High Intensity Drug
Trafficking Area to receive not less than the fiscal year 2011
base allocation unless the Director of the Office of National
Drug Control Policy determines otherwise and submits a report
to the Committees on Appropriations, and requiring reports
regarding initial allocations and discretionary funding.
Language under Federal Drug Control Programs, ``Other
Federal Drug Control Programs'' provides funds to support
matching grants to drug-free communities (with an amount
specified to be made available as directed by section 4 of
Public Law 107-82, as amended by Public Law 109-469), anti-
doping activities, the U.S. membership dues to the World Anti-
Doping Agency and a competitive grant program. Language also
limits the availability of funds, and provides for the transfer
of some funds to other Federal departments and agencies.
Language under ``Integrated, Efficient and Effective Uses
of Information Technology'' provides funds to remain available
until expended; allows funding to be transferred to agencies to
carry out projects; and requires monthly reports on identified
savings by fiscal year, agency and appropriation.
Language under Special Assistance to the President,
``Salaries and Expenses'', enables the Vice President to
provide assistance to the President, services authorized by 5
U.S.C. 3109 and 3 U.S.C. 106, subsistence, and the hire for
vehicles.
Language under Official Residence of the Vice President,
``Operating Expenses'', provides funds for operation and
maintenance of the official residence of the Vice President,
the hire of vehicles, official entertainment expenses and
provides for the transfer of funds as necessary.
TITLE III--THE JUDICIARY
Language is included under Supreme Court, ``Salaries and
Expenses'' permitting certain funds to remain available until
expended and specifying certain amounts for specific purposes.
Language is included under Supreme Court, ``Care of the
Building and Grounds'' permitting funds to remain available
until expended.
Language is included under Courts of Appeals, District
Courts, and Other Judicial Services, ``Salaries and Expenses''
providing funds are for the salaries of certain judges, and all
other employees not otherwise provided for, necessary expenses,
the purchase, rental, repair and cleaning of uniforms for
Probation and Pretrial Services Office staff and specifies
certain funds remain available until expended for specific
purposes. Language is also included providing funding from the
Vaccine Injury Compensation Trust Fund for certain purposes.
Language is included under Defender Services, providing for
the compensation and reimbursement of expenses for attorneys,
the operation of Federal Defender organizations, training,
general administrative expenses and permitting funds to remain
available until expended.
Language is included under Fees of Jurors and
Commissioners, permitting funds to remain available until
expended and specifying limitations for the compensation of
land commissioners.
Language is included under Court Security, providing for
protective guard services and procurement, installation and
maintenance of security systems and equipment, inspection of
mail and packages, directed security patrols, perimeter
security and services provided by the Federal Protective
Services. Language is included permitting certain funds to
remain available until expended, which may be transferred to
the United States Marshals Service.
Language is included under Administrative Office of the
United States Courts, ``Salaries and Expenses'' providing for
travel, the hire of passenger motor vehicles, advertising and
rent in the District of Columbia. Language is included
specifying certain amounts for official reception and
representation expenses.
Language is included under Federal Judicial Center,
``Salaries and Expenses'' extending the availability of certain
funds for education and training, and specifying certain
amounts for official reception and representation expenses.
Language is included under United States Sentencing
Commission, ``Salaries and Expenses'' specifying certain
amounts for official reception and representation expenses.
TITLE IV--DISTRICT OF COLUMBIA
Language is included under ``Federal Payment for Resident
Tuition Support'' permitting the amount appropriated to remain
available until expended; specifying conditions for the use,
award, and financial accounting of funds; and requiring a
quarterly financial report.
Language is included under ``Federal Payment for Emergency
Planning and Security Costs in the District of Columbia''
providing that the amount appropriated shall remain available
until expended for providing public safety at events, including
support of the United States Secret Service, and to respond to
terrorist threats or attacks.
Language is included under ``Federal Payment to the
District of Columbia Courts''; (1) providing all amounts under
this heading shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same
manner as funds appropriated for salaries and expenses of other
Federal agencies; (2) specifying certain amounts for specific
purposes; (3) allowing funds made available for capital
improvements to remain available until September 30, 2013, and
(4) providing for the reallocation of funds.
Language is included under ``Defender Services in the
District of Columbia Courts'': (1) providing that the amount
appropriated shall remain available until expended; (2)
specifying who shall administer these funds; (3) providing that
all amounts under this heading shall be apportioned quarterly
by the Office of Management and Budget and obligated and
expended in the same manner as funds appropriated for salaries
and expenses of other Federal agencies; and (4) allowing
$10,000,000 to be transferred for courthouse facilities.
Language is included under ``Federal Payment to the Court
Services and Offender Supervision Agency for the District of
Columbia'': (1) specifying certain amounts for specific
purposes and programs; (2) providing that all amounts under
this heading shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same
manner as funds appropriated for salaries and expenses of other
Federal agencies; (3) authorizing the Director to accept and
use gifts to support offender and defendant programs and
equipment and vocational training services to educate and train
offenders and defendants, and details for recording the
acceptance of such gifts; and (4) authorizing the Director to
charge fees to cover the costs of training and materials
distributed at conferences.
Language is included under ``Federal Payment to District of
Columbia Public Defender Service'' providing that all amounts
under this heading shall be apportioned quarterly by the Office
of Management and Budget and obligated and expended in the same
manner as funds appropriated for salaries and expenses of other
Federal agencies and authorizing the collection of fees for
materials provided at conferences.
Language is included under ``Federal Payment to the
Criminal Justice Coordinating Council'' specifying that the
amount appropriated shall remain available until expended to
support initiatives related to the coordination of Federal and
local criminal justice resources.
Language is included under ``Federal Payment for Judicial
Commissions'' specifying certain amounts for certain
commissions and allowing for appropriations to remain available
until September 30, 2013.
Language is included under ``Federal Payment for School
Improvement'' allowing for appropriations to remain available
until expended for payments authorized under the Scholarship
for Opportunity and Results Act.
Language is included under ``Federal Payment for the
District of Columbia National Guard'' providing funds for the
National Guard Retention and College Access Program to remain
available until expended.
Language is included under ``District of Columbia Funds''
(1) limiting the amount provided in this Act for the District
of Columbia; (2) identifying the source of funds, including a
rescission of prior year local funds; (3) establishing the
District's intradistrict authority; (4) setting funds subject
to the provisions of and allocated and expended as proposed in
the Fiscal Year 2012 Proposed Budget and Financial Plan; (5)
providing conditions for increasing the amount provided; and
(6) directing the Chief Financial Officer to assure the
District of Columbia meets all requirements, but prohibits the
reprogramming of capital projects.
TITLE V--INDEPENDENT AGENCIES
Language is included for the Administrative Conference of
the United States for expenses authorized under 5 U.S.C. 591,
and for official reception and representation expenses.
Language is included for the Consumer Product Safety
Commission, ``Salaries and Expenses'' that provides funds for
expenses, the hire of motor vehicles, services as authorized by
5 U.S.C. 3109 (with a limitation on rates for individuals),
nominal awards, official reception and representation expenses,
and allowing $500,000 to remain available until September 30,
2013 for a grant program authorized by section 1405 of Public
Law 110-140 (15 U.S.C. 8004).
Language is included for the Election Assistance
Commission, ``Salaries and Expenses'' that allows for the
transfer of funds to the National Institute of Standards and
Technology for election reform activities.
Language is included under the Federal Communications
Commission, ``Salaries and Expenses'', permitting funds for
uniforms and allowances therefor, official reception and
representation expenses, purchase and hire of motor vehicles,
and special counsel fees. Language provides for the assessment
and collection of offsetting collections, authorizes retention
of such collections, and provides that they remain available
until expended. Language removes the availability for
obligation of excess collections. Language waives existing law
concerning proceeds from the use of a competitive bidding
system.
Language is included for the Federal Deposit Insurance
Corporation, ``Office of Inspector General'' that provides for
the funds to be derived from the Deposit Insurance Fund, and
the FSLIC Resolution Fund, or any successor to these funds.
Language is included for the Federal Election Commission,
``Salaries and Expenses'' that specifies funds for reception
and representation expenses.
Language is included for the Federal Labor Relations
Authority, ``Salaries and Expenses'' that provides funds for
services authorized by 5 U.S.C. 3109, the hire of experts and
consultants, hire of motor vehicles, and the rental of
conference rooms; authorizes travel payments to public members
of the Federal Service Impasses Panel; and allows for fees
collected to be transferred to and merged with the
appropriation.
Language is included for the Federal Trade Commission,
``Salaries and Expenses'' permitting funds for uniforms and
allowances therefor, services authorized by 5 U.S.C. 3109,
official reception and representation expenses, hire of motor
vehicles, and contract for collection services. Language
provides for the crediting and retention of certain fees.
Language also prohibits funds from being used to implement
subsection (e)(2)(B) of section 43 of the Federal Deposit
Insurance Act.
Language is included for the General Services
Administration, ``Federal Buildings Fund'' that allows for
revenues and collections to be deposited in the Fund; specifies
the conditions under which funds made available can be used;
limits the availability of funds; and requires the approval to
change the amounts identified.
Language is included for General Services Administration,
``Government-wide Policy'' that provides funds for policy and
evaluation activities associated with the management of real
and personal property assets and certain administrative
services; support responsibilities relating to acquisition,
telecommunications, information technology management, and
related technology activities; and services authorized by 5
U.S.C. 3109.
Language is included for General Services Administration,
``Operating Expenses'', that provides funds for expenses for
activities associated with personal and real property;
technology management and activities; information access
activities; agency-wide policy direction and management; other
support services; and official reception and representation
expenses.
Language is included for the General Services
Administration, ``Office of Inspector General'', that provides
funds for information and detection of fraud; and for awards in
recognition of efforts that enhance the office.
Language is included for the General Services
Administration, ``Information and Engagement for Citizens'',
that provides funds for the Office of Citizen Services and to
carry out the E-Government Act of 2002. Language is also
included for the ``Federal Citizen Services Fund'' that
authorizes funds to be deposited in the Fund and limits the
availability of funds in the Fund.
Language is included for the General Services
Administration, ``Allowances and Office Staff for Former
Presidents'', that allows a portion of these funds to be
transferred.
Language is included for the Harry S Truman Scholarship
Foundation Trust Fund allowing appropriations to remain
available until expended.
Language is included for the Merit Systems Protection
Board, ``Salaries and Expenses'', that provides funds for
services authorized by 5 U.S.C. 3109, rental of conference
rooms, hire of passenger motor vehicles, direct procurement of
survey printing, official reception and representation
expenses, and administration expenses to adjudicate retirement
appeals, and provides for the transfer of some funds.
Language is included for the Morris K. Udall and Stewart L.
Udall Foundation to provide funds for tribal leadership and
management activities, the Morris K. Udall and Stewart L. Udall
Trust Fund, and to carry out the Environment Dispute Resolution
Act.
Language is included for National Archives and Records
Administration, ``Operating Expenses'', that provides funds for
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901
et seq., including maintenance, repairs, and cleaning, the hire
of passenger motor vehicles, activities of the Public Interest
Declassification Board, the review and declassification of
documents, and the maintenance of the electronic records
archive.
Language is included for National Archives and Records
Administration, ``Office of Inspector General'' that provides
funds for the hire of motor vehicles.
Language is included for National Archives and Records
Administration, ``Repairs and Restoration'' that provides funds
for the repair, alteration, improvement, and provision of
adequate storage; allows savings from the John F. Kennedy
Presidential Library and Museum to remain available for the
Archive's Capital Improvement Plan; and provides that funds
remain available until expended.
Language is included for National Archives and Records
Administration, ``National Historical Publications and Records
Commission Grants Program'' that provides funds for allocations
and grants for historical publications and records; and
provides that funds remain available until expended.
Language is included under the National Credit Union
Administration, ``Community Development Credit Union Revolving
Loan Fund'' that provides funds for technical assistance and
limits the availability of funds.
Language is included under Office of Government Ethics,
``Salaries and Expenses'' that provides funds for services
authorized by 5 U.S.C. 3109, rental of conference rooms, hire
of passenger motor vehicles, and official reception and
representation expenses.
Language is included under Office of Personnel Management,
``Salaries and Expenses'' that provides funds for services
authorized by 5 U.S.C. 3109, medical examinations for veterans,
rental of conference rooms, hire of passenger motor vehicles,
official reception and representation expenses, advances for
reimbursements, payment of per diem and/or subsistence
allowances, the Enterprise Human Resources Integration project,
the Human Resources Line of Business project, and the transfer
of administrative expenses; limits the availability of some
funds; directs that provisions shall not affect other
authorities; prohibits funds for the Legal Examining Unit; and
authorizes the acceptance of donations under certain
conditions.
Language is included for Office of Personnel Management,
Office of Inspector General, ``Salaries and Expenses'' that
provides funds for services authorized by 5 U.S.C. 3109, hire
of passenger motor vehicles, rental of conference rooms, and
the transfer of administrative expenses.
Language is included for Office of Special Counsel,
``Salaries and Expenses'' that provides funds for services
authorized by 5 U.S.C. 3109, payment of fees and expenses for
witnesses, rental of conference rooms, and the hire of
passenger motor vehicles.
Language is included for the Postal Regulatory Commission,
``Salaries and Expenses'' that provides for transfer from the
Postal Service Fund.
Language is included for Securities and Exchange
Commission, ``Salaries and Expenses'' that provides for rental
of space, reception and representation expenses, a permanent
secretariat for the International Organization of Securities
Commissions, and consultations and meetings hosted by the
Commission. Language is included that provides for the
crediting of offsetting collections. Language provides for the
assessment and collection of offsetting collections, authorizes
retention of such collections, and provides that they remain
available until expended.
Language is included for Selective Service System,
``Salaries and Expenses'' that provides funds for attendance of
meetings, training, uniforms, hire of passenger motor vehicles,
services authorized by 5 U.S.C. 3109, and official reception
and representation expenses; authorizes certain exemptions
under certain conditions; and prohibits funds used in
connection with the induction of any person into the Armed
Forces of the United States.
Language is included for Small Business Administration,
``Salaries and Expenses'', that provides for hire of motor
vehicles and official reception and representation expenses.
Language is also included to provide authority to charge fees
and credit such fees to the account without further
appropriation. Language is also included to fund grants.
Language is also included for the Loan Modernization and
Accounting System.
Language is included for the Small Business Administration,
``Office of Inspector General'' that provides funds to carry
out the provisions of the Inspector General Act of 1978.
Language is included for the Small Business Administration,
``Office of Advocacy'' that provides funds to carry out the
provisions of the Independent Office of Advocacy Act of 2003
and the Regulatory Flexibility Act of 1980 and allows funds to
remain available until expended. Language is also included
authorizing the transfer of funds from the ``Salaries and
Expenses'' account to cover required administrative and
facilities related expenses.
Language is included for Small Business Administration,
``Business Loans Program Account'', limiting commitments for
certain guaranteed loan programs and for providing for the cost
of direct loans and guaranteed loans. Language is also included
authorizing the transfer of funds to ``Salaries and Expenses''
for administrative expenses.
Language is included for the Small Business Administration
``Disaster Loan Program Account'' that provides for the
transfer of funds to the ``Office of Inspector General'' and to
``Salaries and Expenses'' and allows funds to remain available
until expended.
Language is included for the United States Postal Service,
``Payment to the Postal Service Fund'' that provides funds for
revenue foregone; limits the availability of funds; stipulates
that mail for overseas voting and mail for the blind is free;
stipulates that 6-day delivery and rural mail delivery shall
continue at not less than the 1983 level; prohibits funds from
being used to charge a fee to a child support enforcement
agency seeking the address of a postal customer; and prohibits
funds from being used to consolidate or close small rural and
other small post offices.
Language is included for United States Postal Service,
``Office of Inspector General'' that provides for transfer from
the Postal Service Fund.
Language is included for the United States Tax Court,
``Salaries and Expenses'' that provides funds for contract
reporting and services authorized by 5 U.S.C. 3109; and that
travel expenses of the judges shall be paid upon the written
certificate of the judge.
ADMINISTRATIVE AND GENERAL PROVISIONS
Sections 103, 111, 112, 201, 302, 502, 722 and 813 include
legislative transfer authorities.
Sections 202, 307, 508, and 617 rescind unobligated prior
year appropriations.
Sections 101, 102, 104, 105, 106, 107, 108, 109, 110, 113,
114, 115, 117, 118, 120, 122, 126, 127, 203, 204, 205, 301,
303, 304, 305, 501, 502, 503, 504, 505, 506, 507, 511, 601,
602, 603, 604, 605, 606, 607, 608, 609, 610, 612, 613, 614,
616, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 629,
630, 631, 632, 633, 701, 702, 703, 704, 705, 706, 707, 708,
709, 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720,
721, 723, 724, 725, 726, 727, 729, 730, 731, 732, 733, 734,
735, 736, 737, 738, 739, 740, 741, 742, 801, 802, 803, 804,
805, 806, 807, 808, 809, 810, 811, 812, 901, and 902 establish
affirmative directions, confer new authorities, or impose new
responsibilities on departments or agencies funded by the bill.
Sections 101, 102, 106, 114, 117, 118, 126, 127, 129, 608,
612, 623, 632, Title VII do not apply solely to the
appropriations within this bill.
Sections 119, 728 propose to state a legislative position.
Sections 611, 615, 616, 619, 711, 724, 730 waive existing
law.
Sections 116, 121, 123, 124, 125, 128, 129, 306, 308, and
510, amend existing law.
Appropriations Not Authorized by Law
Pursuant to clause 3(f)(1)(B) of rule XIII of the Rules of
the House of Representatives, the following table lists the
appropriations in the accompanying bill which are not
authorized by law for the period concerned:
Comparison With the Budget Resolution
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the
House of Representatives and section 308(a)(1)(A) of the
Congressional Budget Act of 1974, the following table compares
the levels of new budget authority and outlays provided in the
bill with the appropriate allocations made under section 302(b)
of the Budget Act.
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
302b Allocation This bill
---------------------------------------------------------------
Budget Budget
authority Outlays authority Outlays
----------------------------------------------------------------------------------------------------------------
Discretionary................................... 19,895 23,523 19,895 *23,523
Mandatory....................................... 21,455 21,450 21,455 21,450
----------------------------------------------------------------------------------------------------------------
*Includes outlays from prior year budget authority.
Five-Year Outlay Projections
Pursuant to clause 3(c)(2) of rule XIII and section
308(a)(1)(B) of the Congressional Budget Act of 1974, the
following table contains five-year projections associated with
the budget authority provided in the accompanying bill, as
provided to the Committee by the Congressional Budget Office.
[In millions of dollars]
------------------------------------------------------------------------
Outlays
------------------------------------------------------------------------
2012.................................................... 37,347
2013.................................................... 2,488
2014.................................................... -149
2015.................................................... -554
2016 and future years................................... -3,084
------------------------------------------------------------------------
Financial Assistance to State and Local Governments
Pursuant to clause 3(c)(2) of rule XIII and section
308(a)(1)(C) of the Congressional Budget Act of 1974, the
Congressional Budget Office has provided the following
estimates of new budget authority and outlays provided by the
accompanying bill for financial assistance to State and local
governments.
[In millions of dollars]
------------------------------------------------------------------------
Budget
authority Outlays
------------------------------------------------------------------------
Financial assistance to State and Local 422 273
governments for 2012...................
------------------------------------------------------------------------
Constitutional Authority
Pursuant to section 6(e) of the rules of the Committee on
Appropriations, the following statement is submitted regarding
the specific powers granted to Congress in the Constitution to
enact the accompanying bill.
The principal constitutional authority for this legislation
is clause 7 of section 9 of article I of the Constitution of
the United States (the appropriation power), which states: ``No
Money shall be drawn from the Treasury, but in Consequence of
Appropriations made by Law . . .'' In addition, clause 1 of
section 8 of article I of the Constitution (the spending power)
provides: ``The Congress shall have the Power . . . to pay the
Debts and provide for the common Defense and general welfare of
the United States . . .'' Together, these specific
constitutional provisions establish the congressional power of
the purse, granting Congress the authority to appropriate
funds, to determine their purpose, amount, and period of
availability and to set forth terms and conditions governing
their use.
Comparative Statement of New Budget (Obligational) Authority
The following table provides a detailed summary, for each
Department and agency, comparing the amounts recommended in the
bill with amounts enacted for fiscal year 2011 and budget
estimates presented for fiscal year 2012.
MINORITY VIEWS OF THE HONORABLE NORM DICKS AND HONORABLE JOSE E.
SERRANO
The Financial Services and General Government bill funds
programs that touch the lives of every American, as consumers,
as investors, and as taxpayers. The inadequacy of the
subcommittee's allocation requires unsustainable cuts. Those
cuts will impact all of us by not providing needed resources:
(1) for the Securities and Exchange Commission (SEC) and the
Consumer Financial Protection Bureau (CFPB) to effectively
protect consumers and investors, (2) for enforcement activities
by the Internal Revenue Service (IRS) allowing tax cheats to go
undiscovered and revenues to remain uncollected, (3) for needed
infrastructure investment through the General Services
Administration (GSA) and for a number of agencies with budgets
almost entirely composed of fixed costs, such as personnel
expenses and rent, requiring the furloughing of many thousands
of federal and private workers, increasing unemployment, and
further weakening the fragile economic recovery.
The subcommittee's allocation of $19,985,000,000 is
$1,852,730,000, or 9 percent, below the fiscal year 2011
enacted level, which was itself a 10 percent reduction from the
fiscal year 2010 level. Further, this allocation is more than
$500,000,000 below the H.R. 1 level and more than $700,000,000
below the fiscal year 2008 enacted level.
Chairwoman Emerson made every possible effort to ensure a
bipartisan process. She has gone above and beyond in terms of
cooperation and openness. However, the subcommittee's
allocation dictates deep cuts that impact all Americans and we
cannot support this bill.
Failing to Keep Financial Markets Honest
The Securities and Exchange Commission will receive
$222,483,000 less than the President's 2012 request. As a
consequence, SEC will be unable to carry out its new financial
oversight responsibilities under the Dodd-Frank Wall Street
Reform and Consumer Protection Act. It will also hinder the
SEC's ongoing efforts to prevent financial crimes by
effectively decreasing the number of agents able to pursue
incoming tips. Under the President's request, the SEC would
have hired staff necessary to implement new responsibilities
concerning derivatives, hedge funds, and credit rating
agencies, which would help mitigate the possibility of another
financial crisis. The SEC will not be able to increase
enforcement, examinations or disclosure reviews under this
funding level, nor will the agency be able to invest in
information technology infrastructure that would enhance
oversight of the financial markets. Without these important
tools, this bill leaves the country vulnerable to another
fiscal meltdown even as we struggle to recover from the ongoing
crisis.
Further, the bill places constraints on the Consumer
Financial Protection Bureau (CFPB) that will severely hamper
the agency's ability to protect and inform consumers in the
wake of the greatest economic recession since the Great
Depression. By limiting the amount of money the CFPB will be
able to receive from the Federal Reserve, the bill limits the
effectiveness of the agency so consumers will not receive the
protections they were promised. Better informed consumers and
clearer guidelines for complicated financial transactions, such
as mortgages, benefits all taxpayers and is an investment in
the future stability of this nation.
Failing to Keep Tax Cheats Honest at the Expense of an Increasing
Deficit
This bill reduces funding for the IRS and will
significantly compromise the agency's ability to discover and
pursue tax cheats, thereby actually increasing the deficit.
With a funding level of $11,515,738,000 for fiscal year 2012,
the IRS will be forced to furlough between 4,100 and 5,000
employees, mostly enforcement agents. This will have a
significant impact on the ability of the IRS to find tax cheats
and will result in an increase in the estimated
$345,000,000,000 tax gap, which is the difference between the
amount that taxpayers owe and the amount that is collected.
Even more troubling is the fact that this cut to IRS funding
will increase the deficit by approximately $4 billion a year
beginning in 2013. Every dollar invested in enforcement
resources brings in $5 in tax revenue. This is exactly the sort
of short term cut that will do much greater harm than good in
the long term. What is surprising is the complete reversal made
by the subcommittee from previous statements about the
importance of finding and charging tax cheats. In the
additional views submitted to the fiscal year 2008 bill, the
then-minority stated ``The bill provides important increases
for the Internal Revenue Service (IRS) in order to close the
nearly $300 billion tax gap.'' This is a troubling retreat from
attacking the nation's deficit.
Failing to Invest in Infrastructure
The General Services Administration (GSA) Federal Building
Fund will see a cut of $2,284,710,000 from the fiscal year 2012
request, which will result in the elimination of 16,000
private-sector construction jobs and 40,000 janitorial and
maintenance jobs in existing buildings. GSA will stop work on
several multi-year, on-going construction projects, which will
result in costly hold-over leases. This reduction also
jeopardizes GSA's ability to meet contractual obligations to
pay private sector landlords for office space leased by the
government, possibly leading to termination of leases and
costly penalties. This short-sighted cut to infrastructure
improvements will cost taxpayers more in the long-term than it
will save in the short-term.
Again, the majority is displaying a reversal of opinion
about funding for the GSA, as the additional views attached to
the fiscal year 2008 bill lamented an amendment that:
``cut important funding from the General Services
Administration's (GSA) Federal Building Fund repairs
and alterations account. GSA's current backlog of
repairs and alterations of Federal buildings is
estimated at $6,600,000,000. The fiscal year 2008
request is considered a minimum to operate and maintain
GSA's assets. Limiting repairs and alterations funding
forces GSA to house Federal workers in more commercial
leases rather than continue in government-owned
buildings at a net cost to the U.S. taxpayer. Cutting
an additional $31,000,000 from this account just digs
the GSA into a deeper hole and only delays much needed
repairs for buildings into the next fiscal year.''
It is important to note that the FY 2008 cut left the GSA's
repairs and alterations account funded at $722,161,000, which
is $442,161,000 above the level recommended in the fiscal year
2012 bill. The level of $280,000,000 recommended in this bill
surely will not address the concern the then-minority expressed
in fiscal year 2008.
Further Troubling Cuts
The bill provides $6,326,318,000 for the Judiciary,
$529,729,000,000 below the fiscal year 2012 request, and will
weaken the equitable and efficient administration of justice in
the Federal courts. More than 5,000 support staff will be laid
off, which is a staffing loss equal to 25% of the workforce.
These layoffs will include probation officers and pre-trial
staff, meaning fewer probation officers to monitor sex
offenders and felons, perform law enforcement duties, and
protect the general public.
The Election Assistance Commission will receive only
$6,858,000 in funding, which will devastate the agency. The
agency will no longer be able to help states improve their
election practices and equipment to ensure fair and well-run
elections in our nation.
There are numerous other cuts as well that will cause an
erosion of consumer protections and assistance to disadvantaged
communities. The subcommittee's allocation requires deep cuts
that will significantly harm America's consumers, investors,
taxpayers, workers, businesses, judiciary, the security of our
elections, and even our deficit.
Troubling Policy Riders
We are also distressed that this bill includes too many
controversial policy riders from preventing the IRS from
enforcing the individual mandate of the Affordable Care Act to
limiting the FCC from enforcement of its Net Neutrality rule.
The bill once again interferes in DC's local affairs by
imposing social policy restrictions on how the District can
spend its own funds, and provides that no funds may be used for
the Consumer Product Safety Commission's public database of
consumer incidents. This micromanagement is not the proper role
of Congress and these authorizing issues do not belong on an
appropriations bill.
We appreciate the efforts the Chairwoman made to adequately
fund the Small Business Administration, the High Intensity Drug
Trafficking Areas Program (HIDTA), and anti-terrorism programs
at the Department of the Treasury. However, the allocation the
subcommittee received is simply insufficient to fund all of the
important activities in this bill's jurisdiction. We hope to
work with the majority to address these issues and look forward
to continuing the open and positive process the Chairwoman has
fostered; however, in its current form, we cannot support the
bill.