[House Report 107-575]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-575
======================================================================
TREASURY, POSTAL SERVICE, AND GENERAL GOVERNMENT APPROPRIATIONS BILL,
2003
_______
July 15, 2002.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Istook, from the Committee on Appropriations, submitted the
following
R E P O R T
[To accompany H.R. 5120]
The Committee on Appropriations submits the following
report in explanation of the accompanying bill making
appropriations for the Treasury Department, the Postal Service,
the Executive Office of the President, and certain Independent
Agencies for the fiscal year ending September 30, 2003, and for
other purposes.
INDEX TO BILL AND REPORT
_______________________________________________________________________
Page number
Bill Report
Summary of the Bill........................................
Title I--Department of the Treasury:
Air Transportation Stabilization Program........... 4
9
Bureau of Alcohol, Tobacco and Firearms............ 11
17
Bureau of Engraving and Printing...................
31
Bureau of the Public Debt.......................... 18
34
Counterterrorism Fund.............................. 6
11
Departmental Offices............................... 2
5
Department-Wide Systems and Capital Investments
Programs....................................... 3
7
Expanded Access to Financial Services.............. 5
10
Federal Law Enforcement Training Center............ 7
14
Financial Crimes Enforcement Network............... 6
12
Financial Management Service....................... 10
17
General Provisions--Treasury Department............ 25
43
Interagency Crime and Drug Enforcement............. 10
16
Internal Revenue Service........................... 18
35
Office of Inspector General........................ 3
8
Treasury Building and Annex Repair and Restoration. 5
10
Treasury Inspector General for Tax Administration.. 4
9
United States Customs Service...................... 13
20
United States Mint................................. 17
32
United States Secret Service....................... 22
41
Title II--Postal Service:
Payment to the Postal Service Fund................. 28
44
Title III--Executive Office of the President and Funds
Appropriated to the President:
Compensation of the President and the White House
Office......................................... 30
51
Council of Economic Advisers....................... 35
56
Election Administration Reform..................... 38
65
Electronic Government Fund......................... 38
64
Executive Residence at the White House............. 31
55
Federal Drug Control Programs...................... 42
68
National Security Council..........................
57
Office of Administration........................... 35
58
Office of Homeland Security........................ 31
52
Office of Management and Budget.................... 36
60
Office of National Drug Control Policy............. 40
66
Office of Policy Development....................... 35
57
Special Assistance to the President and the
Official Residence of the Vice President....... 34
56
Unanticipated Needs................................ 44
70
Title IV--Independent Agencies:
Committee for Purchase from People who are Blind or
Severely Disabled.............................. 44
71
Federal Election Commission........................ 44
71
Federal Labor Relations Authority.................. 45
72
General Services Administration.................... 46
72
Merit Systems Protection Board..................... 59
84
Morris K. Udall scholarship and foundation......... 60
85
National Archives and Records Administration....... 60
86
Office of Government Ethics........................ 62
88
Office of Personnel Management..................... 62
89
Office of Special Counsel.......................... 66
92
United States Tax Court............................ 66
93
White House Commission on the National Moment of
Remembrance.................................... 66
93
Title V--General Provisions:
This Act........................................... 67
94
Title VI--Governmentwide General Provisions:
Departments, Agencies, and Corporations............ 72
95
Compliance with House Rules........................
98
Tables.............................................
102
Summary of the Total Bill..........................
112
The accompanying bill contains recommendations for new
budget (obligational) authority for fiscal year 2003 for the
Department of the Treasury, the Postal Service, various offices
in the Executive Office of the President, and certain
Independent Agencies. The following table summarizes these
recommendations and reflects comparisons with the budget
request and with amounts appropriated to date for fiscal year
2002:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget Bill compared with--
New budget estimates of -------------------------------
(obligation) new
Agency authority (obligational) Recommended in New budget Budget
fiscal year authority, the bill authority estimate,
2002 enacted fiscal year fiscal year fiscal year
to date 2003 2002 2002
----------------------------------------------------------------------------------------------------------------
Treasury........................ 15,646,178 15,865,446 16,186,789 +522,611 +303,343
Postal Service.................. 596,093 76,619 76,619 -519,474 ..............
Executive Office of the 797,571 786,002 1,034,536 +236,965 +248,534
President......................
Independent agencies............ 16,674,020 17,517,199 17,510,502 +836,512 -6,697
Grand total............... 33,713,862 34,276,280 34,821,460 +1,107,598 +545,180
----------------------------------------------------------------------------------------------------------------
RECOMMENDATION
The Committee recommends a total of $18,499,996,000 in
discretionary resources for agencies under its jurisdiction.
After scorekeeping adjustments including $745,000,000
associated with the President's proposal on accrual funding of
retirement costs, the Committee's recommendation is
$147,584,000 above amounts appropriated in fiscal year 2002 and
$207,820,000 below the amounts requested by the President.
REPROGRAMMING AND TRANSFER OF FUNDS GUIDELINES
Due to continuing issues associated with agency requests
for reprogramming and transfer of funds and use of unobligated
balances, the following guidelines shall be complied with by
all agencies funded by the Treasury, Postal Service and General
Government Appropriations Act, 2003:
1. Except under extraordinary and emergency
situations, the Committees on Appropriations will not
consider requests for a reprogramming or a transfer of
funds, or use of unobligated balances, which are
submitted after the close of the third quarter of the
fiscal year, June 30;
2. Clearly stated and detailed documentation
presenting justification for the reprogramming,
transfer, or use of unobligated balances shall
accompany each request;
3. For agencies, departments, or offices receiving
appropriations in excess of $20,000,000, a
reprogramming shall be submitted if the amount to be
shifted to or from any object class, budget activity,
program line item, or program activity involved is in
excess of $500,000 or 10 percent, whichever is greater,
of the object class, budget activity, program line
item, or program activity;
4. For agencies, departments, or offices receiving
appropriations less than $20,000,000, a reprogramming
shall be submitted if the amount to be shifted to or
from any object class, budget activity, program line
item, or program activity involved is in excess of
$50,000, or 10 percent, whichever is greater, of the
object class, budget activity, program line item, or
program activity;
5. For any action where the cumulative effect of
below threshold reprogramming actions, or past
reprogramming and/or transfer actions added to the
request, would exceed the dollar threshold mentioned
above, a reprogramming shall be submitted;
6. For any action which would result in a major
change to the program or item which is different than
that presented to and approved by either of the
Committees, or the Congress, a reprogramming shall be
submitted;
7. For any action where funds earmarked by either of
the Committees for a specific activity are proposed to
be used for a different activity, a reprogramming shall
be submitted; and,
8. For any action where funds earmarked by either of
the Committees for a specific activity are in excess to
meet the project or activity requirement, and are
proposed to be used for a different activity, a
reprogramming shall be submitted.
Additionally, each request shall include a declaration
that, as of the date of the request, none of the funds included
in the request have been obligated, and none will be obligated,
until the Committees on Appropriations have approved the
request.
ACCRUAL FUNDING OF RETIREMENT COSTS AND POST-RETIREMENT HEALTH BENEFITS
The President's Budget included a legislative proposal
under the jurisdiction of the House Committee on Government
Reform to charge to individual agencies, starting in fiscal
year 2003, the fully accrued costs related to retirement
benefits of Civil Service Retirement System employees and
retiree health benefits for all civilian employees. The Budget
also requested an additional dollar amount in each affected
discretionary account to cover these accrued costs.
Without passing judgment on the merits of this legislative
proposal, the Committee has reduced the dollar amounts of the
President's request shown in the ``Comparative Statement of New
Budget Authority'' and other tables in this report to exclude
the accrual funding proposal. The disposition by Congress of
the legislative proposal is unclear at this time. Should the
proposal be passed by Congress and enacted, the Committee will
make appropriate adjustments to the President's request to
include accrual amounts.
The Committee further notes that administration proposals
requiring legislative action by the authorizing committees of
Congress are customarily submitted in the budget as separate
schedules apart from the regular appropriations requests.
Should such a proposal be enacted, a budget amendment formally
modifying the President's appropriation request for
discretionary funding is then transmitted to the Congress.
The Committee is concerned that this practice, which has
always worked effectively for both Congress and past
administrations, was not followed for the accrual funding
proposal. In this case, the Office of Management and Budget
(OMB) decided to include accrual amounts in the original
discretionary appropriations language request. These amounts
are based on legislation that has yet to be considered and
approved by the appropriate committees of Congress. This led to
numerous misunderstandings both inside and outside of Congress
of what was the ``true'' President's budget request. The
Committee believes that, in the future, OMB should follow long-
established procedures with respect to discretionary spending
proposals that require legislative action.
PUBLIC AND CONGRESSIONAL AFFAIRS
The Committee is concerned by the level of expenditures
being devoted by departments and agencies for the various
Offices of Congressional and Public Affairs. The Committee
believes that, in some cases, the expenditures being devoted to
these functions are not commensurate with the services
provided. Throughout the year, the Committee has sought
assistance from these offices with simple matters such as
scheduling hearings, obtaining copies of testimony, and
receiving responses to the Committee's questions as it relates
to the use of appropriated funds. The Committee has been very
disappointed by the timeliness of the assistance offered by
many of these offices, particularly as it relates to the
Committee's efforts to achieve effective oversight of agency
operations and programs. The Committee will continue to
scrutinize the appropriations requests for all Offices of
Congressional and Public Affairs and will look at the degree to
which these appropriations are used to meet expected levels of
performance. The Committee will not tolerate any efforts to
prevent or interfere with effective and comprehensive oversight
of the use of federal appropriations, including efforts to
delay responses to the Committee's questions on agency
operations and activities.
TITLE I--DEPARTMENT OF THE TREASURY
Departmental Offices
SALARIES AND EXPENSES
Appropriation, fiscal year 2002 to date............... $177,142,000
Budget estimate, fiscal year 2003..................... 191,914,000
Recommended in the bill............................... 187,241,000
Bill compared with:
Appropriation, fiscal year 2002................... +10,099,000
Budget Estimate, fiscal year 2003................. -4,673,000
MISSION
The Departmental Offices' function in the Treasury
Department is to provide basic support to the Secretary of the
Treasury, who is the chief operating executive of the
Department. The Secretary of the Treasury also has a primary
role in formulating and managing the domestic and international
tax and financial policies of the Federal Government. The
Secretary's responsibilities funded by the salaries and
expenses appropriation include: recommending and implementing
United States domestic and international economic and tax
policy; fiscal policy; governing the fiscal operations of the
Government; maintaining foreign assets control; managing the
public debt; overseeing the law enforcement functions carried
out by the Treasury Department; managing development of
financial policy; representing the United States 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. This account also includes funding for the
Office of Professional Responsibility.
RECOMMENDATION
The Committee recommends an appropriation of $187,241,000
for Departmental Offices, an increase of $10,099,000 above the
fiscal year 2002 enacted level and a decrease of $4,673,000
below the President's request. Decreases to the request include
a reduction of $27,000 associated with the President's pending
proposal to integrate the benefits and administrative costs of
the Federal Employees' Compensation Act (FECA) which, to date,
has not been enacted, $747,000 for overseas inflation costs for
the Office of International Affairs, $2,854,000 to reflect
savings from the full non-recurrence of a grant to Florida
State University for transfer pricing research and support for
local law enforcement support in Hawaii, a business strategy
adjustment of $599,000, and a transfer of $446,000 and 5 FTE
from the Office of Foreign Asset Control to the Financial
Crimes Enforcement Network. The Committee approves a funding
level for the Office of Foreign Asset Control of no less than
$32,359,000 and a funding level for the Office of Enforcement
of no less than $12,878,000. The Committee notes that the
Office of International Affairs is the largest office in the
account, directs that its funding level for fiscal year 2003 be
no greater than its funding level for fiscal year 2002, and
suggests that the Secretary should consider whether further
savings in this office are possible.
BUSINESS STRATEGY ADJUSTMENTS
Most bureaus within the Department of the Treasury were
required in preparing the President's budget request to assume
certain levels of savings through business strategy
adjustments. These adjustments, in effect, constituted a denial
of a portion of anticipated non-pay inflation costs, which are
to be achieved through unspecified improvements, process
streamlining, and other efficiencies. The total level of
Treasury business strategy adjustments contained in the
President's request was $85,028,000. It has been the recent
experience of this Committee that ambitious and aggressive
expectations of generic savings often result in personnel
attrition, lower levels of performance, and cuts in programs.
To safeguard the important work of Treasury Law Enforcement,
the Committee has restored the proposed business strategy
adjustments to those affected bureaus.
The Committee commends the effort to find savings in
Treasury agencies and is generally supportive of actions to
lower operational costs without diluting program performance.
However, holding agencies to arbitrary spending reductions
without any concrete plan for how such savings will be achieved
may lead to poor decisions, programmatic reductions, and other
unintended consequences. Therefore, the Department of the
Treasury is directed to submit quarterly reports to the
Committee on the actions being taken by each of its agencies,
bureaus, and groups for whom a business strategy adjustment has
been sustained on how the adjustment is being achieved and its
impact on program performance. The Committee also directs that
any future proposal to achieve savings through similar
adjustments be accompanied by specific and complete
descriptions of proposed changes to each affected agency, its
systems, its programs, and its procedures.
CERTIFICATE-BASED INTERNET SECURITY
The Committee is aware of the need for security in
permitting secure Internet communication for Customs, Secret
Service, and other Treasury law enforcement agents to prevent
cyber attacks and protect against identity theft in key
information systems. The Committee therefore strongly supports
developing capability for certificate-based Internet security
projects to provide standards-based e-mail encryption and
digital signature capabilities; permit interoperability with
the Federal Bridge and other government public key
infrastructure systems and applications; demonstrate proven
scalability; support multiple platforms; and include automated,
secure key and certificate management. The Committee directs
the Under Secretary for Enforcement, in consultation with its
law enforcement bureaus, to report not later than September 30,
2002, on Departmental actions to ensure this security, the
level and sources of funding involved, and estimates of
additional resources that might be required.
ANTI-COUNTERFEITING TECHNOLOGY
One element of concern in promoting homeland security is
the risk of counterfeiting important federal documents, such as
identification credentials or documents. A possible defense
against such risk would be to incorporate anti-counterfeiting
measures, such as specially designed paper, that can help
ensure authenticity of such documents or items. The Committee
encourages the Treasury Department and its bureaus to review
the possible need and applications for such technologies, such
as those involving the use of optical fluorescent fibers or
glass-coated microwires embedded in papers or otherwise applied
to documents and then encoded with encrypted identifiers, where
such security measures can improve security.
Department-Wide Systems and Capital Investments Programs
Appropriation, fiscal year 2002 to date............... $68,828,000
Budget estimate, fiscal year 2003..................... 68,828,000
Recommended in the bill............................... 68,828,000
Bill compared with:
Appropriation, fiscal year 2002................... ................
Budget Estimate, fiscal year 2003................. ................
MISSION
This appropriation funds the modernization of Treasury
business processes and increases in Department-wide systems
efficiency through technology investments for systems that
involve more than one Treasury bureau or Treasury's interface
with other governmental agencies.
RECOMMENDATION
The Committee recommends an appropriation of $68,828,000
for the Department-wide Systems and Capital Investments
Programs, the same as the fiscal year 2002 enacted level and
the President's request.
INTEGRATED TREASURY (WIRELESS) NETWORK
The Committee is concerned that Treasury has not yet
identified sufficient funding to ensure that its bureaus will
be in compliance with the National Telecommunications and
Information Administration (NTIA) requirements for moving all
radios from broadband to narrowband. The Committee also notes
that no funds have been included in the President's request for
fiscal year 2003 to support requirements for the Project
SAFECOM initiative (the Wireless Public SAFEty Interoperable
Communications Program), for which the Office of Management and
Budget has assigned Treasury the lead. This initiative involves
an expanded, implementation focused Public Sector Wireless
Network (PSWN) program, including direct assistance to state
and local governments for land-mobile-radio interoperability.
The Treasury Department has been involved with and supported
PSWN through its Integrated Treasury (Wireless) Network program
for several years, and the Committee does not object to
Treasury taking the lead on this e-government project. However,
inasmuch as the Congressional budget justification does not
include any direct support for Project SAFECOM and given the
pressing need for Treasury to bring its assets into compliance
with the NTIA mandate, the Committee directs Treasury not to
expend significant resources for Project SAFECOM during fiscal
year 2003 absent an approved reprogramming.
Office of Inspector General
SALARIES AND EXPENSES
Appropriation, fiscal year 2002 to date............... $35,424,000
Budget estimate, fiscal year 2003..................... 35,428,000
Recommended in the bill............................... 35,424,000
Bill compared with:
Appropriation, fiscal year 2002................... ................
Budget Estimate, fiscal year 2003................. -4,000
MISSION
This appropriation provides agency-wide audit and
investigative functions to identify and correct operational and
administrative deficiencies, which create conditions for
existing or potential instances of fraud, waste, and
mismanagement. The audit function provides program, contract,
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. The Office of Inspector General also provides
for internal investigations made by the Office of Internal
Affairs and Inspection in the Bureau of Alcohol, Tobacco and
Firearms, the Customs Service, and the Secret Service.
RECOMMENDATION
The Committee recommends an appropriation of $35,424,000
for the Office of Inspector General, the same as the fiscal
year 2002 enacted level and a decrease of $4,000 below the
President's request. The reduction below the President's
request is associated with the President's pending proposal to
integrate the benefits and administrative costs of the Federal
Employees' Compensation Act (FECA) which, to date, has not been
enacted.
Inspector General for Tax Administration
SALARIES AND EXPENSES
Appropriation, fiscal year 2002 to date............... $125,778,000
Budget estimate, fiscal year 2003..................... 123,962,000
Recommended in the bill............................... 123,962,000
Bill compared with:
Appropriation, fiscal year 2002................... -1,816,000
Budget Estimate, fiscal year 2003................. ................
MISSION
The Internal Revenue Service (IRS) Restructuring and Reform
Act of 1998 established the Office of Treasury Inspector
General for Tax Administration and abolished the IRS Office of
the Chief Inspector. The Office was established in January of
1999 as required by that legislation. The Treasury Inspector
General for Tax Administration 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 to: (1) promote the economic, efficient, and
effective administration of the nation's tax laws and to detect
and deter fraud and abuse in IRS programs and operations; and
(2) recommend actions to resolve fraud and other serious
problems, abuses, and deficiencies in these programs and
operations.
RECOMMENDATION
The Committee recommends an appropriation of $123,962,000
for the Inspector General for Tax Administration, a decrease of
$1,816,000 below the fiscal year 2002 enacted level and the
same as the President's request.
Air Transportation Stabilization Program
Appropriation, fiscal year 2002 to date............... ................
Budget estimate, fiscal year 2003..................... $6,041,000
Recommended in the bill............................... 6,041,000
Bill compared with:
Appropriation, fiscal year 2002................... +6,041,000
Budget Estimate, fiscal year 2003................. ................
MISSION
The Air Transportation Stabilization Board was authorized
in the Air Transportation Safety and Stabilization Act to issue
$10 billion of Federal credit instruments to air carriers. The
purpose is ``to compensate air carriers for losses incurred by
the air carriers as a result of the terrorist attacks on the
United States that occurred on September 11, 2001'', providing
among other criteria, that ``such agreement is a necessary part
of maintaining a safe, efficient, and viable commercial
aviation system in the United States''.
RECOMMENDATION
The Committee recommends an appropriation of $6,041,000 for
the Air Transportation Stabilization Program, an increase of
$6,041,000 above the fiscal year 2002 enacted level and the
same as the President's request. The Committee notes that
$9,400,000 was provided for this program in fiscal year 2001
and funds were made available until expended. The Committee
directs that the Department of the Treasury submit a report 90
days after the enactment of this Act on the status of this
effort, a description of the credit instruments issued, and the
ongoing management activities of the Air Transportation
Stabilization Board to monitor and review the financial
performance of each borrower.
Treasury Building and Annex Repair and Restoration
Appropriation, fiscal year 2002 to date............... $28,932,000
Budget estimate, fiscal year 2003..................... 32,932,000
Recommended in the bill............................... 32,932,000
Bill compared with:
Appropriation, fiscal year 2002................... +4,000,000
Budget Estimate, fiscal year 2003................. ................
MISSION
This appropriation funds the repairs, selected
improvements, and construction necessary to renovate and
maintain the Main Treasury, the Treasury Annex, and other
Treasury buildings.
RECOMMENDATION
The Committee recommends an appropriation of $32,932,000
for Treasury Building and Annex Repair and Restoration, an
increase of $4,000,000 above the fiscal year 2002 enacted level
and the same as the President's request.
Expanded Access to Financial Services
Appropriation, fiscal year 2002 to date............... $2,000,000
Budget estimate, fiscal year 2003..................... 2,000,000
Recommended in the bill............................... 4,000,000
Bill compared with:
Appropriation, fiscal year 2002................... +2,000,000
Budget Estimate, fiscal year 2003................. +2,000,000
MISSION
The Expanded Access to Financial Services account is
intended to help low- and moderate-income Americans benefit
from access to basic financial services.
RECOMMENDATION
The Committee recommends an appropriation of $4,000,000 for
the Expanded Access to Financial Services account, an increase
of $2,000,000 above the fiscal year 2002 enacted level and the
President's request. Funds are available upon authorization of
the program. The Committee includes bill language directing
that none of the funds shall be used (1) to provide real
property, automated teller machines, or any other equipment for
use by any financial institution, (2) for any program or
activity that incurs costs in excess of $100 for each
participant who is expected to establish an account, or (3) for
any program or activity that does not provide at least $0.50 in
non-federal matching funds for each $1.00 received from the
Expanded Access to Financial Services account.
These restrictions are based on a preliminary review of the
recent grants awarded under this program, which shows that
costs will average almost $250 for each individual expected to
be induced to use financial services (in some instances, costs
will exceed $1,000 per participant) and that program funds will
be used to provide facilities for certain financial
institutions. Without endorsing this exorbitance, the Committee
has established these minimal safeguards and directs the
Department of the Treasury to exert careful stewardship and to
manage the funds in this account in a judicious and fiscally
conservative fashion.
In the statement released on May 1, 2002, announcing awards
for 15 proposals, the Treasury Department noted that it
received a total of 231 applications from 38 states. The
Committee directs the Department of the Treasury to submit a
report within 90 days of the enactment of this Act outlining
the procedures and criteria used to select the 15 proposals.
The report should contain a review of the general process as
well as an evaluation of the basic differences between those
applications that were accepted and those that were not. The
Department should also comment in the report on the merits and
demerits of this program.
The Committee believes that many potential barriers to
expanded access to financial services are not amenable to
government involvement and stem directly from externally-driven
cost structures within the banking industry. The Committee
notes that a variety of ``no-fee'' accounts are available to
qualifying individuals, and that the qualifying requirements
for opening no-fee accounts are often quite different. Some
banks have minimum balance requirements for opening and
maintaining any type of account. Some banks offer accounts with
limitations, exemptions, or restrictions on transactions that
can result in account fees or penalties. Other account
restrictions may affect the terms and conditions for the
payment of any interest on deposited funds. Therefore, the
Committee directs that the Department of Treasury provide,
within 90 days of enactment of this Act, a report that
quantitatively describes these externally derived barriers,
fully justifies government involvement, and provides meaningful
measures of performance. In particular, the report should
address the feasibility of re-focusing this program toward
assembling and disseminating information about where and how
``un-banked'' individuals can open no-fee accounts without
significant minimum balance requirements.
Counterterrorism Fund
Appropriation, fiscal year 2002 to date............... $40,000,000
Budget estimate, fiscal year 2003..................... 40,000,000
Recommended in the bill............................... 33,000,000
Bill compared with:
Appropriation, fiscal year 2002................... -7,000,000
Budget Estimate, fiscal year 2003................. -7,000,000
MISSION
This appropriation provides funding for unanticipated costs
associated with support to counter, investigate, or prosecute
domestic or international terrorism, including payment of
rewards, and to re-establish the operational capability of an
office, facility, or other property damaged or destroyed as a
consequence of any unexpected domestic or international
terrorist act. Funds may also be used to pay the costs for
officially designated National Special Security Events (NSSEs).
These funds are available to the extent that prior notification
is sent to the Committees on Appropriations in accordance with
guidelines on reprogramming and transfer of funds.
RECOMMENDATION
The Committee recommends an appropriation of $33,000,000
for the Treasury Counterterrorism Fund, a reduction of
$7,000,000 below both the fiscal year 2002 enacted level and
the President's request. The Committee has continued language
specifying that the fund is to be used for unexpected threats
or acts of terrorism, and that funding shall be available after
prior notification is made to the Committees on Appropriations
in accordance with reprogramming and transfer guidelines. A new
proviso is included, as requested by the Administration, to
authorize the fund to be used to reimburse Federal agencies for
their costs of responding to Secret Service requests for
assistance for a National Special Security Event.
Financial Crimes Enforcement Network
SALARIES AND EXPENSES
Appropriation, fiscal year 2002 to date............... $47,537,000
Budget estimate, fiscal year 2003..................... 50,517,000
Recommended in the bill............................... 51,444,000
Bill compared with:
Appropriation, fiscal year 2002................... +3,907,000
Budget Estimate, fiscal year 2003................. +927,000
MISSION
The Financial Crimes Enforcement Network (FinCEN) is
responsible for implementing Treasury's anti-money laundering
regulations through administration of the Bank Secrecy Act, 31
U.S.C. section 5311, et seq (BSA). It also serves as a United
States 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. It also provides U.S. policymakers with strategic
analyses of domestic and worldwide trends and patterns. FinCEN
accomplishes these efforts through information collection,
sophisticated data analysis, and intelligence sharing;
technological assistance; and implementation of Treasury
authorities. It prevents money laundering through its
regulatory and outreach programs, including setting policy for
and overseeing BSA compliance by financial institutions, and by
providing BSA training for law enforcement, bankers, and bank
regulators. FinCEN supports U.S. Government initiatives on
money laundering and financial crime through multilateral
organizations, such as the Financial Action Task Force (FATF)
of the Group of Eight, and the UN. It is a catalyst for the
development of Financial Intelligence Units (FIUs) in other
countries, and the transfer of information on money laundering
and financial services worldwide.
Pursuant to the USA PATRIOT Act of 2001, FinCEN was made a
Treasury Bureau in recognition of its key role in supporting
investigations and other government efforts to identify and
stop the financing of terrorist organizations and activity. The
PATRIOT Act also gave FinCEN substantial new responsibilities
for collecting, sharing, and managing financial and other
information as part of its counter-terrorism mission. FinCEN
recently began a significant new BSA initiative when it began
collecting Suspicious Activity Reports (SARs) from money
service businesses (MSBs), who were obliged to register by
December 31, 2001.
RECOMMENDATION
The Committee recommends an appropriation of $51,444,000
for the Financial Crimes Enforcement Network, an increase of
$3,907,000 above the fiscal year 2002 enacted level and
$927,000 above the President's request. The increase above the
President's request includes $481,000 for non-pay inflation and
$446,000 to realign funding from the Office of Foreign Asset
Control to FinCEN in support of the Foreign Terrorist Asset
Tracking (FTAT) Center.
USA PATRIOT ACT MANDATES
FinCEN is responsible for 23 of the 44 sections of Title
III of the USA PATRIOT Act of 2001 that relate to money
laundering and terrorist financing. FinCEN received some
additional funding in the fiscal year 2002 supplemental
appropriation, and the Committee supports the Administration's
request for an additional $1,000,000 and eight FTE in fiscal
year 2003.
However, FinCEN testified that additional resources would
be needed to hire both personnel and contractual support in
order to implement all of the mandates of the PATRIOT Act, once
regulations or programs were finalized. Certain critical
programs have reached that point, but no additional funding was
requested for fiscal year 2003, nor has any been provided.
These include (1) establishing the Patriot Act Communications
System (PACS), mandated by section 362 of the Act, which is
essential for converting Suspicious Activity Report (SAR)
reporting from paper- to electronic-based systems; (2)
providing a government-wide data access service (Section 361),
to meet the demand for expanded access by federal agencies to
FinCEN's Gateway system since September 11th; and (3)
implementing a system for information exchanges between
government and financial institutions (Section 314), which is
essential to permitting implementation of the rule that
requires financial institutions to search internal records for
name matches and report, via FinCEN, to law enforcement
agencies making investigative inquiries.
The Committee received testimony about these mandated
efforts; believes they should be funded; and therefore directs
the Department to provide $2,500,000 from the Super Surplus of
the Treasury Forfeiture Fund to FinCEN for these activities to
cover costs for both the remainder of fiscal year 2002 and for
fiscal year 2003.
2002 MONEY LAUNDERING STRATEGY
In testimony before the subcommittee, the Treasury
Department testified that the 2002 National Money Laundering
Strategy would be released by April, and now has learned that
the strategy may not be submitted until July 2002. The
Committee must state its concern that a document necessary to
outline the priorities and strategy for money laundering,
including blocking terrorist financing, should be so long in
coming, and urges the Administration to expedite the review
process and forward the strategy as soon as possible.
Federal Law Enforcement Training Center
SALARIES AND EXPENSES
Appropriation, fiscal year 2002 to date............... $128,680,000
Budget estimate, fiscal year 2003..................... 122,393,000
Recommended in the bill............................... 152,951,000
Bill compared with:
Appropriation, fiscal year 2002................... +24,271,000
Budget Estimate, fiscal year 2003................. +30,558,000
MISSION
The Federal Law Enforcement Training Center (FLETC)
provides the necessary facilities, equipment, and support
services to conduct advanced, specialized, and refresher
training for Federal law enforcement personnel. This
appropriation is for operating expenses of the Center, for
research in law enforcement training methods, and curriculum
content. In addition, the Center has a reimbursable program to
accommodate the training requirements of various Federal
agencies. As funds are available, law enforcement training is
provided to certain State and local law enforcement, and in
some cases, foreign government and private sector security
personnel, on a space-available and usually reimbursable basis.
RECOMMENDATION
The Committee recommends an appropriation of $152,951,000
for the Federal Law Enforcement Training Center, an increase of
$24,271,000 above the fiscal year 2002 enacted level and
$30,558,000 above the President's request. The increase above
the President's request includes $595,000 to fully fund non-pay
inflation, and $30,046,000 to fully annualize training costs
for new hires for the Transportation Security Administration,
reduced by $83,000 associated with the President's pending
proposal to integrate the benefits and administrative costs of
the Federal Employees' Compensation Act (FECA) which, to date,
has not been enacted.
TRAINING WORKLOAD AND THE IMPACT OF HOMELAND SECURITY
The need to improve homeland security in the wake of the
September 11th attacks, and resulting organizational changes
such as the creation of the Transportation Security
Administration (TSA), have generated a significant increase in
the number of new federal law enforcement and security
employees, with a concomitant surge in the training workload
for FLETC, forcing the Center into six-day workweeks. Some of
this may be mitigated by improved scheduling and more reliable
planning coordination by participating agencies; the Committee
is supportive of efforts by FLETC, working with the Treasury
Department, Justice Department, and other key consumers of
FLETC training, to improve communication and coordination in
this regard. To address immediate shortfalls, the Committee has
included $30,046,000 to address unforeseen costs of new TSA
training. However, there may be other unanticipated costs and
workload following any reorganization that may occur with the
proposed new Department of Homeland Security, as well as to
meet other homeland security requirements. The Committee
therefore directs FLETC to report to the Committee not later
than January 1, 2003 of any significant changes in its training
workload that may result from such developments that would
affect its facility needs or operating costs.
ACCOMMODATION OF FEDERAL AGENCY TRAINING NEEDS
The expanded training requirements of federal agencies
since the September 11th attacks have imposed tremendous
strains on FLETC facilities, requiring six-day workweeks and,
in some cases, housing students some distance away. The
Committee is fully committed to the principle of consolidated
law enforcement training and supports FLETC as the provider of
basic training for federal law enforcement officials. However,
the Committee recognizes the demands upon FLETC for more
specialized or advanced training, and that FLETC capacity is a
major constraint in providing such training at its campuses. In
such cases, particularly for new training related to homeland
security, the Committee directs FLETC to work with other
federal agencies to identify and make maximum use of existing
training facilities, such as the FAA centers in New Jersey and
Oklahoma, consistent with meeting agencies' training needs, and
where it represents the most cost effective use of government
resources.
DISTANCE AND REMOTE LEARNING
One way to achieve a higher level of productivity and to
make the resources of FLETC training available to a wider
geographic area, as well as to give the law enforcement
community opportunities for continued professional training, is
distance learning. FLETC utilizes two forms of such export
training: for federal agencies on a reimbursable basis, and for
State and local agencies through the National Center for State
and Local Law Enforcement Training, which operates the Small
Town and Rural (STAR) program. With new and growing demands on
FLETC capacity to provide training or training support for
airport, local and state security personnel, FLETC needs to
expand its capacity to provide training at dispersed sites,
including training at home. The Committee urges the Treasury
Department to provide sufficient funding to the FLETC Distance
Learning Program.
Acquisition, Construction, Improvements and Related Expenses
Appropriation, fiscal year 2002 to date............... $41,934,000
Budget estimate, fiscal year 2003..................... 23,329,000
Recommended in the bill............................... 31,800,000
Bill compared with:
Appropriation, fiscal year 2002................... -10,134,000
Budget Estimate, fiscal year 2003................. +8,471,000
MISSION
This account provides for the acquisition, construction,
improvements, equipment, furnishings and related costs for
expansion and maintenance of facilities of the Federal Law
Enforcement Training Center.
RECOMMENDATION
The Committee recommends an appropriation of $31,800,000
for FLETC Acquisition, Construction, Improvements, and Related
Expenses, a decrease of $10,134,000 below the fiscal year 2002
appropriation and $8,471,000 above the President's request.
MASTER PLAN UPDATE
The Committee is aware that no additional facilities were
requested by the Administration for FLETC, in part because the
master plan is undergoing a thorough review. Some items in the
current master plan may be eliminated or modified in light of
this update, which will incorporate changes resulting from
post-September 11th training needs. However, the Committee has
learned that several items in the current plan remain high
priorities, and will remain so under any revised master plan,
such as expanding the steam distribution system at Glynco,
providing full support costs for new buildings, and various
additions and infrastructure improvements at Cheltenham. The
Committee therefore provides an additional $8,471,000 to
address such requirements. The Committee directs FLETC to
report back not later than November 1, 2002, on its plans to
obligate these funds.
Interagency Law Enforcement
INTERAGENCY CRIME AND DRUG ENFORCEMENT
Appropriation, fiscal year 2002 to date............... $107,576,000
Budget estimate, fiscal year 2003..................... 107,576,000
Recommended in the bill............................... 110,594,000
Bill compared with:
Appropriation, fiscal year 2002................... +3,018,000
Budget Estimate, fiscal year 2003................. +3,018,000
MISSION
This program consists of nine regional task forces that
consolidate resources and expertise of 11 member federal
agencies, in cooperation with state and local investigators and
prosecutors, to target and destroy major narcotic trafficking
and money laundering organizations. The funding for Treasury
Department participation was included in the Department of
Justice appropriation prior to fiscal year 1998. Since then,
Treasury has administered its portion of the program through
its Departmental Offices to reimburse the three Treasury
bureaus--the Customs Service, the Bureau of Alcohol, Tobacco,
and Firearms, and the Internal Revenue Service--for the costs
of their employees detailed to the task forces, as well as for
operating expenses during investigative phases of cases.
RECOMMENDATION
The Committee recommends an appropriation of $110,594,000
for Interagency Crime and Drug Enforcement, $3,018,000 above
the fiscal year 2002 enacted level and the President's request,
for non-pay inflation costs.
Financial Management Service
SALARIES AND EXPENSES
Appropriation, fiscal year 2002 to date............... $212,850,000
Budget estimate, fiscal year 2003..................... 220,712,000
Recommended in the bill............................... 220,664,000
Bill compared with:
Appropriation, fiscal year 2002................... +7,814,000
Budget Estimate, fiscal year 2003................. -48,000
MISSION
The Financial Management Service (FMS) is responsible for
the management of Federal finances and the collection of
Federal debt. As the Government's central financial agent, FMS
receives and disburses public monies, maintains Government
accounts, and reports on the status of the Government's
finances. FMS is also accountable for developing and
implementing the most reliable and efficient financial methods
and systems to manage and improve the Government's cash
management, credit management, and debt collection programs.
Pursuant to the Debt Collection Improvement Act of 1996,
FMS became the primary agency for the collecting of Federal
non-tax debt that is due and owed to the government. Through
FMS, there is a coordinated effort to collect debt from those
who have defaulted on agreements with the Federal government.
RECOMMENDATION
The Committee recommends an appropriation of $220,664,000
for the Financial Management Service, an increase of $7,814,000
above the fiscal year 2002 enacted level and a decrease of
$48,000 below the President's request. The reduction below the
President's request is associated with the President's pending
proposal to integrate the benefits and administrative costs of
the Federal Employees' Compensation Act (FECA) which, to date,
has not been enacted.
The Committee is aware of issues raised by the General
Accounting Office about FMS computer controls and has been
briefed by FMS on its efforts to resolve these and other
outstanding computer issues and to keep current with computer
technologies that are critical to achieving its mission and
improving its performance. The Committee recognizes the
potential benefits from private sector involvement in
information technology issues and the steps FMS is taking to
facilitate the appropriate involvement of private sector firms.
The Committee encourages FMS to remain fully engaged in
enhancing its computer capabilities and in exploring all
information technology solutions.
Bureau of Alcohol, Tobacco and Firearms
SALARIES AND EXPENSES
Appropriation, fiscal year 2002 to date............... $854,747,000
Budget estimate, fiscal year 2003..................... 883,775,000
Recommended in the bill............................... 891,034,000
Bill compared with:
Appropriation, fiscal year 2002................... +36,287,000
Budget Estimate, fiscal year 2003................. +7,259,000
MISSION
The Bureau of Alcohol, Tobacco and Firearms (ATF) 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, tobacco, firearms, explosives, and arson. Its
responsibilities are focused on reducing the future number and
cost of violent crimes; collecting revenue, reducing taxpayer
burden and improving service while preventing diversion; and
protecting the public and preventing consumer deception in
ATF's regulated commodities.
RECOMMENDATION
The Committee recommends an appropriation of $891,034,000
for the Bureau of Alcohol, Tobacco and Firearms, an increase of
$36,287,000 above the fiscal year 2002 enacted level and an
increase of $7,259,000 above the President's request. The
increase consists of $7,604,000 for non-pay inflation, reduced
by $345,000 associated with the President's pending proposal to
integrate the benefits and administrative costs of the Federal
Employees' Compensation Act (FECA) which, to date, has not been
enacted.
YOUTH CRIME GUN INTERDICTION INITIATIVE
The Committee recognizes that the Youth Crime Gun
Interdiction Initiative, a key part of the Administration's
violence reduction strategy, has grown considerably in the past
six years, from $2,100,000 in 17 cities to an $85,000,000
program in 50 cities nationwide in fiscal year 2002. The
Administration proposes to add $11,000,000 and 82 positions to
permit the addition of 10 additional cities. In testimony
provided to the Committee, ATF indicated that among other
things, a community must have a minimum population of 250,000
to qualify for YCGII designation. At the same time, there are
numerous cities and communities with smaller populations that
have indicated an interest in participating in YCGII. The
Committee recognizes that this program should be driven
particularly by a combination of population demographics, youth
crime and firearms trafficking patterns, and experience in
firearms tracing. The Committee also strongly encourages ATF to
consider how it can accommodate the needs of smaller
communities who can participate in YCGII or otherwise benefit
from ATF firearms tracing programs.
GREAT PROGRAM
In November 2001 ATF released a longitudinal study of the
Gang Resistance Education And Training (GREAT) program, which
indicated what impact GREAT has had on reducing gang violence.
The principal conclusion was that participating students
expressed more pro-social attitudes, and more antipathy towards
gangs, after participation than those not exposed to GREAT
curriculum. Notably, although the program received many
favorable ratings from local law enforcement agencies
associated with it, there was no significant impact
attributable to the program in terms of reducing, initiating,
or sustaining gang membership. This leads to a serious
question: is the GREAT program having its intended effect? The
Committee recognizes the problems in trying to assess changes
in gang participation and activity, since there is no reliable
database of gang membership, and that neither Uniform Crime
Report data nor many local law enforcement information sources
support mapping crimes and distinguishing juvenile from other
crime. While to rectify this information deficit is beyond the
mission of ATF, the Committee strongly urges ATF to take steps
to increase the impact of this program on gang activity,
including curriculum improvements aimed at shortening the time
between attitude change and behavioral transformation. ATF is
directed to include a status report on these efforts with the
submission of its fiscal year 2004 budget request.
IMPROVEMENTS IN LICENSING AND REGULATORY OPERATIONS
In each of fiscal years 2001 and 2002 Congress provided
$500,000 in funding for improving operations, electronic filing
systems, and database accuracy for the National Licensing
Center, Imports Branch, and National Firearms Act (NFA) Branch.
Results of this funding have been the creation of integrated
databases for transactions and for analysis, improved
management reporting, and increasing staff support of
processing functions. The Committee recommendation continues
this level of funding, and it supports continued improvements
in management of these activities, including making significant
progress in correcting remaining inaccuracies within the NFA
database.
TOBACCO DIVERSION
The Committee is aware that tobacco diversion and smuggling
have become associated with supporting terrorist organizations
and activities. ATF has reported that it initiated five related
investigations in fiscal years 2000-2002 showing such
relationships. The Committee directs ATF, in consultation with
the U.S. Customs Service, to report by January 1, 2003 on the
scope and nature of this activity, and recommendations for
actions and resources needed to deter and investigate such
trafficking.
INSPECTION RATES AND STAFFING
Following the September 11th, 2001, terrorist attacks ATF
initiated a policy of fully investigating all incidents of
theft or loss of explosive materials, and conducting full
compliance inspections on all explosives licenses and
permittees, and as a result recorded 1,763 instances of
licensing, record keeping, or storage violations. Yet despite a
stated goal of inspecting all explosive licensees and
permittees each year, ATF has sufficient numbers of inspectors
to complete half that. The Committee is aware that ATF is
updating its 1999 report on the resources needed to complete
100 percent inspections, per optimal cycle determined by
commodity type. The Committee strongly urges ATF to complete
and transmit this report to the House Committee on
Appropriations before transmission of the fiscal year 2004
budget request.
INTEGRATED VIOLENCE REDUCTION STRATEGY
The Committee is aware that ATF plans to expand its access
to U.S. attorneys' offices in outlying areas over the next two
years. This would lead to the creation of 40 new satellite
offices in selected cities where U.S. attorneys are nearby but
there is currently no ATF office. The Committee directs ATF, as
they implement this plan, to give strong consideration to
establishing a satellite office in Jersey City, New Jersey.
LAW ENFORCEMENT DATABASES
The Committee is concerned that certain law enforcement
databases may be subject to public release under the Freedom of
Information Act (FOIA). As a result, information collected and
maintained by ATF related to ongoing criminal investigations of
firearms, arson or explosive offenses could be released,
potentially compromising those cases. What is a greater concern
is that such release could be accomplished on a comprehensive
basis, making all such data available to the public. The need
to maintain these databases on a limited confidential basis
that has been in place at ATF for several years for tracing
records derives from the long-term nature of criminal
investigations. In addition to jeopardizing criminal
investigations and officer safety, such information, once
released, might easily be disseminated through the Internet.
This would not only pose a risk to law enforcement and homeland
security, but also to the privacy of innocent citizens. The
Committee therefore includes language (Section 642) ensuring
that no appropriated funds may be available to ATF to take any
action under the FOIA with respect to such law enforcement
records, except that disclosure of information collected or
maintained under 18 U.S.C. 846(b), 923(3) or 923(g)(7) or from
Federal, State, local or foreign law enforcement in connection
with arson or explosives incidents or the tracing of a firearm
may continue in accordance with long standing agency practice.
ATF EXPLOSIVES ENFORCEMENT
The Committee is concerned that ATF's budget request for
fiscal year 2003 does not provide for an increase in explosives
enforcement resources. The ATF Director has testified that it
is difficult for the bureau, on a sustained basis, to inspect
more than 50 percent of explosives licensees nationwide.
Because of the threat presented to the country by the potential
theft and terrorist use of explosives, the Committee urges the
Department of the Treasury to reevaluate ATF's original request
and to submit a request for sufficient explosives enforcement
resources in future budget submissions.
United States Customs Service
SALARIES AND EXPENSES
Appropriation, fiscal year 2002 to date............... $2,471,960,000
Budget estimate, fiscal year 2003..................... 2,391,952,000
Recommended in the bill............................... 2,496,165,000
Bill compared with:
Appropriation, fiscal year 2002................... +24,205,000
Budget Estimate, fiscal year 2003................. +104,213,000
MISSION
The United States Customs Service is the nation's principal
border agency with responsibility to enforce the law, safeguard
revenue, and support lawful international trade and travel. Its
mission is to ensure that all goods that enter and exit the
United States do so in accordance with all United States laws
and regulations. This includes enforcing U.S. laws intended to
stop trafficking in drugs and other contraband; protecting the
American public and environment from the introduction of
prohibited hazardous and noxious products; assessing and
collecting revenue in the form of duties, taxes, and fees on
imported merchandise; regulating the movement of persons,
carriers, merchandise, and commodities between the United
States and other nations, while facilitating the movement of
all legitimate cargo, carriers, travelers, and mail;
interdicting narcotics and other contraband; and enforcing
certain provisions of the export control laws of the United
States.
RECOMMENDATION
The Committee recommends an appropriation of $2,496,165,000
for the U.S. Customs Service, an increase of $24,205,000 above
the fiscal year 2002 enacted level and an increase of
$104,213,000 above the President's request. The increase fully
funds base operations that the President had proposed be met
through an increase in passenger processing user fees;
$18,377,000 for non-pay inflation; and a reduction of
$1,914,000 associated with the President's pending proposal to
integrate the benefits and administrative costs of the Federal
Employees' Compensation Act (FECA) which, to date, has not been
enacted. The Committee also includes an additional $2,500,000
for steel tariff enforcement, $2,000,000 for technology
acquisition, research and development, and $500,000 to support
agricultural trade research. The Committee notes that the total
funding level reflects a scorekeeping adjustment of
$167,000,000 associated with the President's user fee proposal,
resulting in a net increase of $82,750,000 above the
President's request for base operations.
PROPOSED USER FEE
The Administration has proposed an increase in the COBRA
passenger processing user fee, and assumed that $249,750,000 in
user fees would be collected to offset an equivalent level of
basic Customs operations. However, the only authority for this
change is included in language submitted as proposed
appropriations language--which the Committee has not included--
and no separate authorization legislation has been enacted. For
this proposal to have been effective, it was necessary for
enactment and implementation to be effective before July 2002.
As no fees would be available to offset Customs' base
operations, the Committee directly appropriates the full
$249,750,000, offset by $167,000,000 in scorekeeping
adjustments when compared to the President's request.
NORTHERN BORDER STAFFING AND INVESTMENTS
The fiscal year 2002 appropriations Acts included over
$130,000,000 in additional funding towards meeting critical
needs along the Northern Border, providing hundreds of new
inspector and agent positions and inspection technology. These
investments are being used to support heightened security at
the Northern Border, enhance maritime port security, and
bolster anti-money laundering efforts designed to disrupt
terrorist financing.
After the September 11th terrorist attacks, security needs
have raised the threshold for appropriate levels of staffing at
the Northern Border, while the Customs Service continues to
experience normal attrition rates. To meet the security needs
at the Northern Border, the Committee expects the Customs
Service to place a priority on providing adequate staffing. As
traffic levels have a critical effect on security and
efficiency at ports of entry, the Committee directs the Customs
Service to consider traffic volume in assigning new inspectors
and agents, giving highest priority to high traffic, high risk
ports of entry.
The Committee has had long-standing concerns about the
condition and infrastructure needs of the ports of entry along
the Northern Border. A Committee-requested report completed in
June 2000 by the U.S. Customs Service, in consultation with the
General Services Administration (GSA), identified almost $800
million in unmet infrastructure needs at these land-based ports
of entry. For fiscal year 2003, the President's request
includes $27,366,000 in GSA's budget for new construction at
border stations. Increased security concerns, technology
changes, and personnel needs identified since the September
11th attacks have raised questions about the adequacy of
proposed border station construction projects. The Committee
directs the Customs Service to work closely with GSA in the
development of its construction plans and budgets, and to
ensure that all current and prospective requirements,
particularly those recently identified, will be met.
The Committee is also aware that the Customs Service is
evaluating the costs and benefits associated with applying a
``reverse inspection'' pilot project along the Northern Border.
The Committee strongly encourages Customs, in its collaboration
with GSA, to support implementation of the ``Smart Border
Accord'' with Canada, including a review of the feasibility of
programs of ``reverse inspections'' along the Northern Border.
The Committee encourages the Customs Service to evaluate
similar pilot programs that inspect potentially dangerous
vehicles prior to crossing into the United States along the
Northern Border.
RESOURCE ALLOCATION MODEL
In fiscal year 2000, the U.S. Customs Service submitted a
Resource Allocation Model (RAM) report to Congress that
described Customs optimal staffing levels and displayed
projected staffing increases for fiscal years 2000-2002. The
RAM is a first-order management tool designed for and used by
Customs to project Customs' entire staffing requirements, based
on broad, national workload factors, for core operational
occupations and positions required to support core occupations.
The RAM takes into account workload, enforcement threat,
desired results, and uncontrollable circumstances as part of
its projection methodology. While useful as a planning tool for
estimating overall staffing needs, Customs has testified that
the RAM is inadequate as a sole means of comparing allocation
priorities between different Customs sites or activities.
Nevertheless, with the increases in staffing following the
September 11th attacks, the basis for allocating staffing may
have changed, both in terms of priorities and numbers. The
Committee therefore requests that the U.S. Customs Service
evaluate how the RAM will be utilized in the current fiscal
year to undertake decisions pertaining to the allocation of
Customs staff and resources, and to the extent the RAM is not
used, what other criteria and factors are applied to such
decisions, and report its findings to the Committee by November
1, 2002.
PERSONAL SEARCH PRACTICES
The primary mission of the Customs Service is to ensure
that all goods and persons entering and exiting the United
States do so in compliance with all United States laws and
regulations, but in past years it was criticized for using
procedures that appeared vulnerable to bias and ethnic
stereotyping in the selection of passengers for personal
searches at ports of entry. In response to those complaints,
the Customs Service undertook numerous measures, including the
appointment of an external review group, the Personal Search
Review Commission, to reform some of its personal search
practices. Customs properly seeks to balance these concerns
with the bona fide law enforcement and homeland security needs
that require it to winnow through the vast volume of people and
goods it must oversee, and to identify those that may require
special scrutiny. The Committee commends the Customs Service
for its constant progress in reforming personal search
practices, and encourages Customs to continue its efforts to
improve. In order to keep the Committee informed of the
progress of this effort, the Committee directs Customs to
submit by November 1, 2002, an updated report giving
statistical information concerning the frequency of complaints
about personal search abuses, including claims of racial
profiling; Customs' assessment of such claims; and any new
policies or procedure that have been or are being implemented
by Customs.
STRENGTHENED ENFORCEMENT OF U.S. TRADE LAWS PERTAINING TO STEEL
The Committee supports Customs in its enforcement of U.S.
trade laws, to include the President's steel 201 proclamation
of March 5, 2002, and all antidumping and countervailing duty
orders related to steel. The Committee also understands that
Customs is responsible for enforcing and monitoring imports of
wire rods and certain line pipe products that were previously
covered by a 201 remedy decision. The Committee is aware that
Customs personnel assigned to enforce antidumping and
countervailing duty orders, including import specialists,
inspectors and agents, have been increasingly burdened, and
many have been reassigned to meet homeland security priorities.
The steel industry has informed the Committee that Customs
would have to dedicate as many as 30 additional positions to
fully enforce this set of trade laws, and the Committee
understands that there are serious deficiencies in the level of
training and specialized knowledge of Customs inspectors and
import specialists who deal with steel tariff matters. The
Committee therefore provides $2,500,000 to permit Customs,
working with the steel manufacturing and trading community, to
identify and apply the resources and training required to carry
out these responsibilities. Such efforts may include utilizing
steel industry experts through a series of national training
seminars, which could be made available to members of the trade
and brokerage community who play a key role in classifying
imported goods for Customs processing. The funding may also be
used to assign more import specialists, inspectors, or agents
to steel trade enforcement. The Committee recommends that new
steel import specialists be assigned to ports with the greatest
volume of steel imports. The Committee therefore directs
Customs to report not later than March 31, 2003, describing the
steps it has taken to improve overall training for steel tariff
implementation, enforcement efforts and manpower, including
data on the types and value of illegal imports seized and the
penalties awarded.
OKLAHOMA CITY FOREIGN TRADE ZONE
The Committee is aware that the U.S. Customs Service,
beginning during Summer 2002, will inspect shipments of exotic
flowers imported from Ecuador into the foreign trade zone in
Oklahoma City. The Committee encourages Customs as it seeks to
meet demands for processing expanding trade, particularly such
trade that will provide benefits to both U.S. business and
consumers, as well as open new opportunities for struggling
economies in the Andean region. Now that it has been
established, the Committee expects that Customs will adequately
plan for the administrative and resource requirements needed to
support this trade route, and will establish necessary formal
agreements with the City of Oklahoma City and the Oklahoma City
foreign trade zone.
CONTAINER SECURITY INITIATIVE
The Customs Service has initiated its Container Security
Initiative (CSI) in three Canadian ports (Vancouver, Montreal,
and Halifax) to permit cargo destined for the United States to
be pre-screened. Customs has informed the Committee of its plan
to expand this program to 20 foreign ``mega-ports'', beginning
with one European and one Asian port. This will entail staffing
at each site, as well as investments in non-intrusive
inspection technology or networking technology.
This initiative will also require a data system that
permits the transfer of container images, other sensor data,
and relevant manifest data from foreign seaports of origin to
Customs offices at the U.S. port of destination and to the
Customs container management center. The Committee would expect
this network to be linked with the Treasury Secure Data
Network, and to be capable of processing and sharing similar
domestic data as well. The Committee directs Customs to report
not later than September 30, 2002 on its plans for developing
and implementing such a network in conjunction with the CSI.
NON-INTRUSIVE INSPECTION TECHNOLOGY
The Administration's request includes $45,700,000 in new
investments in non-intrusive inspection and other security
technology, in addition to annualizing costs for investments
made in fiscal year 2002 for land and sea ports in partial
response to major gaps in capability identified after September
11th. The Committee includes an additional $2,000,000 for these
efforts, which may be used for technology acquisition and
support of related research and development. The Committee
strongly encourages the Customs Service to maintain its policy
of seeking to apply the most advanced and cost-effective
technology possible, and build into its planning a life-cycle
approach to replacing and upgrading such capability to meet
ever-increasing needs for greater performance. In general, the
Committee requests that Customs regularly review technologies
that might have applications to Customs' inspection needs, and
evaluate the value for Customs' mission that might be offered
by technology such as computed tomography (CT) technology,
which is being employed for airport security by the
Transportation Security Administration (TSA).
PULSED FAST NEUTRON ANALYSIS TEST
The Committee is aware that the field test funded in fiscal
year 2002 of the pulsed fast neutron analysis (PFNA) is
underway, and expects to receive the full results of the field
test at the Ysleta border crossing by May 31, 2003. The test
results should include a comparison of PFNA to current x-ray
based technologies in terms of probability of detection and
probability of false alarm of various cargoes including
explosives, narcotics, and chemical agents. The Committee looks
forward to seeing the results of that test and its possible
impact on future technology investment.
INTELLECTUAL PROPERTY RIGHTS ENFORCEMENT
As requested by the Administration, the Committee includes
funding for the continued operation of the Intellectual
Property Rights (IPR) Center, which received $5,000,000 in
fiscal year 2002, as well as to annualize the costs of 13
additional full-time equivalent positions. It also continues
$4,370,000 for the Cyber Smuggling Center (CSC). The Committee
expects to see the Customs Service enhance the operations of
the CSC and the IPR Center to combat intellectual property
rights violations, and to support law enforcement training of
host country officials by foreign Customs attaches. The
Committee encourages the IPR Center to use a portion of its
funds to establish a clearinghouse for intellectual property
rights information gathered from other federal as well as State
and local agencies.
WEST COAST SECURED CORRIDOR INITIATIVE
The Committee is aware of efforts by the International
Mobility and Trade Corridor (IMTC) Project, funded through the
Department of Transportation, to develop a border-to-border
security system that is harmonized, in terms of cargo clearance
and transportation planning, and that will ensure
interoperability of Customs and other regulatory protocols for
transport between Mexico, the United States, and Canada. The
Committee strongly supports collaborative efforts between
federal and State governments that can facilitate both security
and the smooth flow of commerce along our borders. The Customs
Service should evaluate the benefits of ensuring that
development and deployment of the Automated Commercial
Environment (ACE) and International Trade Data Systems (ITDS)
takes into account the efforts of the IMTC to ensure homeland
security and secured mobility of goods and people along the
West Coast.
SENSOR TECHNOLOGIES FOR HOMELAND BORDER SECURITY
The Committee believes that multilevel, value-added
detection and reaction technologies can leverage our border
security agencies' finite resources for countering terrorist's
attempts to transit America's borders while still facilitating
the effective flow of trade and passengers into the United
States. In this regard, the Committee views the Customs
Service's planned field-testing of the Pulsed Fast Neutron
Analysis as a positive step. The Committee is aware of
initiatives, such as at Oklahoma State University's Bio-
Terrorism Defense and Advanced Sensor Research initiative, to
produce sensor related devices to meet the immediate needs of
homeland border security, while at the same time engaging in
longer term research activities to provide the next generation
of improved and more cost effective approaches to the
detection, prevention and response to terrorism. The Committee
strongly encourages border security agencies, such as the
Customs Service and other agencies identified by the Office of
Homeland Security, in conjunction with existing federal
entities that specialize in technology development and
adaptation such as the Technical Support Working Group, to
consider testing, and, if appropriate, acquiring sensing and
reaction technologies such as those available from the Bio-
Terrorism Defense and Advanced Sensor Research initiative and
other research and development centers.
INTERNATIONAL AIRPORT STAFFING
The Committee directs the U.S. Customs Service to work
closely with international airport authorities and the trade
community to ensure that Customs will meet the optimal staffing
requirements at international airports in the United States.
The Committee recommends that the U.S. Customs Service evaluate
the feasibility of providing additional resources and staffing
to include increased inspection services at Miami International
Airport, Opa-Locka Airport, Louisville International Airport,
Detroit Metropolitan Wayne County Airport, Toledo Express
Airport, Sacramento International Airport, and Tri-Cities
Regional Airport, Tennessee.
AUTOMATED MANIFEST SYSTEM/AUTOMATED EXPORT SYSTEM
The Automated Manifest System (AMS) is a multi-modular
cargo inventory control and release notification system for
sea, air, and rail carriers. AMS speeds the flow of cargo and
entry processing and provides participants with electronic
authorization to move cargo prior to arrival. AMS reduces
reliance on paper documents and speeds the processing of
manifest and waybill data. The Automated Export System (AES) is
the electronic way to file the Shipper's Export Declaration
(SED) and the ocean manifest information directly with U.S.
Customs. Non-vessel-operating common carriers (NVOCCs) are
transportation intermediaries that provide services for
importers and exporters by acting as common carriers to
shippers.
The Committee understands that both the AMS and the AES
will be subsumed within later phases of Customs Automation
Modernization project, which is beginning with the Automated
Commercial Environment (ACE). To the extent compatible with
that plan, the Committee requests that the U.S. Customs Service
explore the feasibility of allowing NVOCCs to transmit cargo
data directly to Customs via the Automated Manifest System. The
Committee also encourages the facilitated design and
implementation of the Customs AES transport module.
CRAWFISH TARIFF COLLECTION
The Committee is very concerned with the status of tariffs
and duties assessed on crawfish imported into the United
States, which are currently scheduled to expire in September,
2003. The U.S. Customs Service is therefore directed to begin,
using funds currently available, vigorous and active
enforcement of the tariff. Additionally, the U.S. Customs
Service shall, not later than April 30, 2003, issue to the
Committee and make publicly available a comprehensive report
detailing their efforts to enforce and collect this duty.
AGRICULTURAL TRADE RESEARCH
The volume of trade along the Southwest Border has
increased dramatically in the last decade as a result of a
number of free trade agreements. The Committee recognizes the
importance of this growth in trade, and provides the sum of
$500,000 to conduct research on the bilateral trade of
agricultural commodities and products. The research shall be
conducted at New Mexico State University.
Harbor Maintenance Fee Collection
Appropriation, fiscal year 2002 to date............... $3,000,000
Budget estimate, fiscal year 2003..................... 3,000,000
Recommended in the bill............................... 3,000,000
Bill compared with:
Appropriation, fiscal year 2002................... ................
Budget Estimate, fiscal year 2003................. ................
MISSION
The Harbor Maintenance Fee is established to provide
resources to the Army Corps of Engineers for the improvement of
American channels and harbors. It is assessed on the value of
commercial imports and exports delivered to or from certain
specified ports. The fee is collected by the U.S. Customs
Service and deposited into the Harbor Maintenance Trust Fund.
RECOMMENDATION
The Committee recommends an appropriation of $3,000,000,
the same as the fiscal year 2002 appropriation and the amount
requested by the President.
Operation, Maintenance and Procurement, Air and Marine Interdiction
Programs
Appropriation, fiscal year 2002 to date............... $184,560,000
Budget estimate, fiscal year 2003..................... 170,829,000
Recommended in the bill............................... 190,000,000
Bill compared with:
Appropriation, fiscal year 2002................... +5,440,000
Budget Estimate, fiscal year 2003................. +19,171,000
MISSION
The Customs Air and Marine Interdiction Programs combat the
illegal entry of narcotics and other items into the United
States. This appropriation provides all operations, maintenance
and procurement for the Customs air and marine program and
support for the interdiction of narcotics by other Federal,
State, and local agencies. Included in this mission is the
requirement to support the Bureau of Alcohol, Tobacco and
Firearms and the U.S. Secret Service.
RECOMMENDATION
The Committee recommends an appropriation of $190,000,000
for Operations, Maintenance and Procurement, Air and Marine
Interdiction Programs, an increase of $5,440,000 above the
fiscal year 2002 enacted level and $19,171,000 above the
President's request. The increase above the President's request
includes $10,000,000 to support investments in the Customs
training and standardization branch, as well as $9,171,000 for
systems acquisition and support.
AIR AND MARINE PROGRAM MODERNIZATION AND ORGANIZATION REVIEW
The Committee is aware that Customs is conducting a
thorough review of the missions, operations, structure, and
resources for the Air and Marine Interdiction Division (AMID).
As Customs conducts this review, the Committee strongly urges
it to take full account of the impact of its various missions
in order to assess the totality of its needs and thereby
achieve an optimal level of readiness and operational
effectiveness. Particular attention should be paid to
organization, infrastructure, aircraft, vessels, equipment,
staffing and funding. In addition, the Committee expects
Customs to make the most effective use of existing resources to
carry out its missions. The Committee directs Customs to submit
the findings of its review upon its completion, but in any
event not later than January 1, 2003.
The fiscal year 2002 appropriation included $35,000,000 for
modernization in support of Western Hemisphere Drug Elimination
Act (WHDEA). This level is continued in the request and the
Committee recommendation. The Committee provides an additional
$9,171,000 that may be used for system acquisition and support.
The Committee expects plans for use of this funding to be
detailed as part of the modernization plan, and included in the
above mentioned report.
TRAINING AND STANDARDIZATION
The Committee regards the training performed by the
Training and Standardization branch as essential to Customs'
effectiveness in the homeland security mission, as well as in
meeting the rigorous challenges and risks of its interdiction
and investigative support missions. Customs has testified that
all Customs pilots are trained at the branch, and that it is in
the process of filling staffing vacancies there. To ensure that
the branch has the resources needed for training systems,
aircraft, equipment and software, an additional $10,000,000 is
provided.
INTERDICTION RADAR COMPLETION
The Air and Marine Interdiction Coordination Center (AMICC)
is responsible for interdiction of all domestic aviation
smuggling, and is also charged to sort all incoming aircraft to
determine their legal status. Following the September 11th
attacks this mission has become more critical. In addition to
receiving Federal Aviation Administration (FAA) data and data
from the Tethered Aerostat Radar System (TARS), the Committee
understands that AMICC is preparing to acquire over 70
additional radars from the Defense Department, and seeks
software modifications to allow all FAA air traffic control
radars to provide AMICC with border-to-border coverage for
United States airspace security. The Committee understands that
AMICC requires $6,600,000 to accomplish design, software
engineering and procurement of four new servers and 50
workstations to implement this system, and urges Customs to
give this requirement priority.
AIR PROGRAM MODERNIZATION
The Committee recognizes that replacement or other
modernization of Customs air assets is expensive, and needs to
be done in the context of an orderly program to assess
necessary platforms, based on mission and operational
requirements, and include in such planning the expected
operating and maintenance costs. As part of its comprehensive
review of the air and marine program, the Committee expects
Customs to carefully evaluate the impact of maintenance
contracts on meeting mission needs, and how the form such
contracts take affects such goals: maximizing availability of
aircraft and marine vessels for operations; rationalizing time
and logistics required for system maintenance and support; and
achieving cost effectiveness. The Committee expects this issue
to be addressed in the findings of the review that are to be
submitted to the Committee by January 1, 2003.
In the course of preparing the report described above, the
Committee also requests that the Customs Service describe how
its modernization plan will address (1) implementing airborne
law enforcement surveillance and support capabilities along the
Northern Border, including development of an enhanced tactical
data link and display capability to permit necessary security
gap analysis as well as command and control; (2) acquiring
platforms for Northern Border Surveillance Aircraft (NBSA) for
which Customs has identified a need; (3) replacing or modifying
the existing Citation II aircraft fleet, as part of its planned
interceptor fleet modernization program; (4) meeting its
requirement for light enforcement helicopters to be stationed
at air branches across the country; and (5) meeting its long-
term need for medium-lift helicopters.
SURVEILLANCE BRANCH OPERATIONS AND MAINTENANCE SUPPORT
The Committee is aware of the potential for cost savings
from modifying existing maintenance and logistics processes for
Customs' P-3 fleet, and that new procedures and systems have
been developed and implemented by the original equipment
manufacturer (OEM) for Customs' P-3 aircraft that would
increase aircraft availability and readiness while reducing
operating costs. Based on this, the Committee urges Customs to
conduct a six-month study, estimated to cost $1,800,000, to
document the maintenance and logistic changes needed to reduce
P-3 operating costs and increase aircraft readiness,
availability and safety.
MARITIME SUPPORT VESSELS
As with the air program, upgrading and modernizing the
maritime capability of the Customs Service will call for
significant resources, but is also a critical component of
Customs' border enforcement mission. The Committee encourages
the Customs Service to consider the possible need and
applications of mobile support vessels, which might be used to
provide the Customs Service with long-term offshore
interdiction capability.
ELECTRO-OPTICAL/INFRARED SENSORS
The Committee included $4,200,000 in the fiscal year 2002
appropriation to permit upgrades to electro-optical/infrared
(EO/IR) sensors for airborne and maritime platforms. The
Committee is also aware that release of funding for Mobile
Support Vessels was delayed until the last quarter of the
fiscal year. In the meantime, the impact of the September 11th
attacks has raised the urgency of modernizing Customs' aircraft
and maritime platforms. At this time, fewer than half of
Customs' 125 aircraft and 100 maritime vessels (including
interceptor vessels) can be equipped, and currently the
maritime platforms lack modern EO/IR systems. This technology
is critical to providing standoff surveillance and intelligence
information and would allow Customs to both detect smugglers
and potential threats, as well as maintain its ability to
conduct covert surveillance. It would also have significant
benefits in terms of operator safety under conditions of
reduced visibility. The Committee strongly supports Customs
acquiring this capability, and urges Customs to look to funding
this from the additional funds provided by the Committee.
Automation Modernization
Appropriation, fiscal year 2002 to date............... $427,832,000
Budget estimate, fiscal year 2003..................... 435,332,000
Recommended in the bill............................... 439,332,000
Bill compared with:
Appropriation, fiscal year 2002................... +11,500,000
Budget Estimate, fiscal year 2003................. +4,000,000
MISSION
The Automation Modernization account includes funding for
major information technology projects for the Customs Service.
Projects included in this request are the planned Automated
Commercial Environment (ACE) system and the existing Automated
Commercial System (ACS). Included in the funding for ACE
development is the International Trade Data System (ITDS),
which is being developed as a component of ACE.
RECOMMENDATION
The Committee recommends an appropriation of $439,332,000
for Automation Modernization, an increase of $11,500,000 above
the fiscal year 2002 enacted level and $4,000,000 above the
President's request. This funding includes $316,900,000 for the
Automated Commercial Environment, reflecting the integration of
the International Trade Data System (ITDS), and $5,400,000
associated with its development, within the ACE program.
AUTOMATED COMMERCIAL ENVIRONMENT (ACE)
The Committee supports completion of the Customs Automation
program as quickly as feasible, consistent with the need to
ensure the highest quality and most cost effective system that
can be designed and acquired, and utilizing an incremental
investment approach that requires fully identifying costs and
benefits for each release of funding for the project. The
Automated Commercial Environment (ACE) is the first and largest
component of this process, and will be followed by
modernization of other central Customs business areas,
including enforcement, outbound and passenger processing,
financial and personnel systems. In the case of ACE, the
importance of developing this system first and as quickly as
possible has been underscored by the need to cope with the huge
and rapidly growing flow of trade, and the need to help Customs
move from antiquated, legacy systems to a new information
system that exploits modern communications and IT capabilities.
The Customs Service has stated its intent to develop ACE within
a four-year period, and the Committee supports that goal.
The importance of this system has been intensified by the
urgency of improving our homeland security. The central role
played by the US Customs Service in its border enforcement
mission requires that ACE be the linchpin of border information
systems. The Committee recognizes that Customs has established
relationships with key partners in the federal government in
developing the characteristics of ACE, and these agencies
include the Immigration and Naturalization Service (Justice),
the Animal and Plant Health Inspection Service (Agriculture),
the Federal Motor Carrier Safety Administration
(Transportation) and the Center for Food Safety and Applied
Nutrition (FDA). Furthermore, agencies participating in the
ITDS program come from eleven cabinet departments and numerous
independent agencies. The Committee strongly supports the ACE
program, and therefore provides an additional $4,000,000 to
support its development as a key homeland security effort, and
the core of federal border-related information systems.
Bureau of Engraving and Printing
----------------------------------------------------------------------------------------------------------------
2002 2003
2001 (actual) (estimate) (estimate)
----------------------------------------------------------------------------------------------------------------
Total revenue................................................... $391,000,000 $424,000,000 $517,000,000
Revenue from currency....................................... 327,000,000 370,000,000 465,000,000
Revenue from stamps......................................... 51,000,000 45,000,000 34,000,000
Other revenue............................................... 13,000,000 9,000,000 6,000,000
Cost of operations.............................................. 436,000,000 453,000,000 525,000,000
Net revenue * (to Treasury)..................................... -45,000,000 -29,000,000 -8,000,000
----------------------------------------------------------------------------------------------------------------
* Capital investments will be less than depreciation, a non-cash expense, in each of these years. In order to
avoid accumulating working capital in excess of Bureau needs, the Bureau will set currency prices at a level
that will result in an annual loss (on paper). This loss will not exceed the depreciation expense, ensuring
the solvency of the Bureau's revolving fund.
MISSION
The Bureau of Engraving and Printing (BEP) designs,
manufactures, and supplies Federal Reserve notes, various
public debt instruments, as well as most evidences of a
financial character issued by the United States, such as
postage and internal revenue stamps. The BEP executes certain
printings for various territories administered by the United
States, particularly postage and revenue stamps.
The operations of the BEP are financed by means of a
revolving fund established in accordance with the provisions of
Public Law 656, August 4, 1950 (31 U.S.C. 181), which requires
the BEP to be reimbursed by customer agencies for all costs of
manufacturing products and services performed. The BEP is also
authorized to assess amounts to acquire capital equipment and
provide for working capital needs. The anticipated work volume
is based on estimates of requirements submitted by agencies
served.
TERRORISM AND CURRENCY COUNTERFEITING
The Committee is concerned about possible links between
terrorism and currency counterfeiting, particularly since a
substantial degree of counterfeiting of U.S. currency takes
place overseas. The Committee encourages the Treasury
Department to consider, for future currency changes, the best
available anti-counterfeiting technology and security devices
for currency, including such features as optically variable
devices, alternative substrates, distinctive fibers, high-
technology inks, and new offset printing techniques.
United States Mint
----------------------------------------------------------------------------------------------------------------
Circulating coins Numismatic coins Protection
----------------------------------------------------------------------------------------------------------------
2001 (actual):
Number of coins.................. 17.7 billion........... 5.6 billion.
Cost of operations............... $259 million........... $658 million........... $30 million.
Revenue.......................... $639 million........... $1,785 million.
Net revenue (to Treasury)........ $380 million........... $1,127 million......... ($30 million).
2002 (estimate):
Number of coins.................. 12.2 billion........... 3.7 billion.
Cost of operations............... $198 million........... $596 million........... $28 million.
Revenue.......................... $435 million........... $1,321 million.
Net revenue (to Treasury)........ $237 million........... $725 million........... ($28 million).
2003 (estimate):
Number of coins.................. 14.5 billion........... 4.4 billion.
Cost of operations............... $215 million........... $628 million........... $29 million.
Revenue.......................... $514 million........... $1,511 million.
Net revenue (to Treasury)........ $299 million........... $882 million........... ($29 million).
----------------------------------------------------------------------------------------------------------------
MISSION
The United States Mint manufactures coins, receives
deposits of gold and silver bullion, and safeguards the
Government's holdings of monetary metals. For fiscal year 1997,
Congress established the United States Mint Public Enterprise
Fund (Public Law 104-52) which authorized the U.S. Mint to use
proceeds from the sale of coins to finance the costs of its
operations and which consolidated all existing Mint accounts
into a single fund. Public Law 104-52 also provides that, in
certain situations, the levels of capital investments for
circulating coins and protective services factor into the
decisions of the Congress such that those levels compete with
other requirements for funding.
RECOMMENDATION
The Committee recommends a spending level for capital
investments by the U.S. Mint for circulating coinage and
protective services of $34,900,000, a decrease of $8,100,000
below the fiscal year 2002 spending level and the same as the
level included in the President's request.
MANAGEMENT FLEXIBILITIES
In fiscal year 1997, this Committee helped establish the
United States Mint Public Enterprise Fund. The legislation
included in Public Law 104-52 provided the Mint with an
unprecedented degree of flexibility in managing its mission and
functions. The Committee believed at the time, and still
believes, that the manufacturing operations of the Mint are
dramatically improved by allowing the Mint the managerial
flexibility it needs to respond quickly and efficiently to
changes in coinage demand. However, it was not and is not the
intent or desire of the Committee that the Mint should use
these management flexibilities for the sole purpose of avoiding
Federal law and regulations regarding non-manufacturing and
non-mission activities involved with the procurement of
administrative support services, information technology
contracts, real estate transactions, and marketing and
advertising.
Specific items of serious concern to the Committee include
the extensive use of the Mint's procurement exemption to
circumvent requirements of the Federal Acquisition Streamlining
Act of 1994, the Clinger-Cohen Act of 1996, and other
procurement rules contained in the Federal Acquisition
Regulation. The Treasury's Inspector General recently
determined that poor planning and careless management resulted
in significant unused and expensive office space in the Mint's
headquarters in Washington, D.C. The marketing plans of the
Mint for the new one-dollar coin and the 50-State quarter
program have raised significant questions with the Committee
and are premature given the studies underway by the General
Accounting Office.
Perhaps most troubling has been the Mint's apparent
willingness in past years to inappropriately compete with free
enterprise activities in the private sector. The Mint has a
legislated monopoly on the production of all official
government coinage. The Committee realizes that the Mint feels
it is in direct competition with the private sector collectible
industry with respect to numismatic commemorative coins. The
Committee appreciates the vigilance with which the Mint asserts
the Federal government's clear prerogatives with respect to
coinage and potential commercial misrepresentations. However,
since only the Mint is allowed by law to coin money, the
Committee firmly believes that the Mint should refrain from any
actions that are counter-productive to free enterprise and
competition, including sole-source contracts. In this regard,
the Committee has serious questions regarding Mint offerings of
and exclusive marketing agreements for jewelry, other country's
coinage, and commercially-available products.
The Committee is aware that many of its concerns extend
back over a number of years and that the Mint now has new
leadership. The Committee is encouraged by some of the actions
that recently have been taken to improve the management of the
Mint and establish the proper tone. The Committee looks to the
current Mint leadership, with the strong assistance of the
Department of the Treasury and the Office of Management and
Budget, to greatly improve the management of the Mint.
Bureau of the Public Debt
ADMINISTERING THE PUBLIC DEBT
Appropriation, fiscal year 2002 to date............... $186,953,000
Budget estimate, fiscal year 2003..................... 191,119,000
Recommended in the bill............................... 168,673,000
Bill compared with:
Appropriation, fiscal year 2002................... -18,280,000
Budget Estimate, fiscal year 2003................. -22,446,000
MISSION
This appropriation provides funds for the conduct of all
public debt operations and the promotion of the sale of U.S.
securities.
RECOMMENDATION
The Committee recommends an appropriation of $168,673,000
for administering the public debt, a decrease of $18,280,000
below the fiscal year 2002 enacted level and a decrease of
$22,446,000 below the President's request. The decrease below
the President's request is a $22,400,000 savings realized from
a cessation in marketing savings securities and an additional
reduction of $46,000 associated with the President's pending
proposal to integrate the benefits and administrative costs of
the Federal Employees' Compensation Act (FECA) which, to date,
has not been enacted.
SAVINGS BONDS
The Committee continues to have strong concerns regarding
the utility, necessity, and relatively high administrative
costs associated with the savings bond program. The information
provided over the past year, including the exchange during and
after a March 2002 hearing on the debt management activities of
the Department of the Treasury, indicate that savings bonds are
an incidental and inefficient way for the government to raise
money. The savings bond program finances only 3 percent of the
total public debt but consumes more than 70 percent of the
workforce and funding of the Bureau of the Public Debt. The
government can easily raise the capital it needs to finance its
operations through the marketable securities program. In
addition, other forms of safe investment opportunities exist
for the public. Individual savings deposits are insured and
protected. Banking and financial institutions are federally
regulated. Other types of private investments are safeguarded
against improper procedures and criminal actions.
As testimony established, the administrative costs of
raising capital through savings bonds is 53 times higher than
the costs of doing so through marketable securities. It is
inherently more expensive to process a large number of very
small transactions (savings bonds) than a comparatively small
number of large transactions. The enormous cost difference is
increased by the need to process and service paper-based bonds
rather than electronic transactions as is done with marketable
securities. In this regard, the per-transaction costs for the
debt managed by the Bureau of the Public Debt remain
prohibitively and unjustifiably expensive. Some may argue that
savings bonds may satisfy an existing public need. However,
other secure and federally insured savings options exist. In
any event, savings bonds do not require promotion. The added
costs of promoting these bonds merely increases the higher
administrative costs of processing these bonds rather than
wider use of the more marketable securities. However, the
Committee recognizes that there are continuing expenses in
processing and servicing already-issued bonds.
The Committee, therefore, has reduced the amount provided
for the Bureau of the Public Debt to remove the level of funds
requested for marketing savings bonds, $22,400,000. This
reduction should have no effect on current arrangements, such
as payroll purchases, other issuing activities, or the
servicing and redeeming of existing savings bonds. The
reduction is aimed at stopping the growth of unjustifiable
expenses.
The Committee directs the Bureau and the Department to
develop plans for further reducing the funding requirements of
the savings bond program and eventually discontinue the costly
practice of issuing paper copies of small-denomination
certificates.
Internal Revenue Service
The Committee recognizes the role of the Internal Revenue
Service (IRS) Oversight Board in reviewing the annual budget
request of the IRS. The Committee appreciates its analysis of
the IRS budget and looks forward to strengthening its working
relationship with the Board. The Committee urges the Secretary
of the Treasury to consider the recommendations of the Board
during future deliberations on the IRS budget. One of the most
critical responsibilities of the Board is assisting the
Administration in locating and selecting a new Commissioner of
the IRS; the Committee appreciates the importance and
difficulty of this task, particularly given the exemplary
management style and substance of the current Commissioner.
COMPLIANCE
The Committee remains very concerned about the decline in
IRS compliance actions and the degree to which IRS compliance
resources are appropriately allocated to meet the most pressing
needs. Taxpayer error rates have been estimated to run at
approximately 15 percent of all returns filed with the IRS. The
IRS recently testified that the amount of revenue lost due to
tax errors and fraud is about $250 billion a year.
These losses occur at both ends of the financial spectrum.
In May of this year, the General Accounting Office (GAO) cited
estimates by the IRS which indicated that between $20 and $40
billion of revenues was lost annually due to offshore ``tax
schemes'' by individuals. In 1997 the GAO stated that
unreported business sources alone resulted in annual losses of
$40 billion. Several recent events demonstrate significant
cause for concern about the accounting practices of some major
corporations, and the potential understatement and underpayment
of their tax liabilities.
The IRS itself recently reported that at least $8.5 billion
in Earned Income Tax Credit (EITC) claims were erroneous or
fraudulent, with that amount comprising 27 percent to 31.7
percent of the amounts listed, compared to 23.8 percent to 25.6
percent of the amounts issued according to the IRS report of
two years earlier, although the IRS could not determine with
any certainty (due to sampling error and changes in
methodology) that an actual increase in the overpayment rate
occurred and cautioned that methodological and procedural
differences between the two studies may explain some or all of
the difference in the percentages. The IRS also reported that
while overall filing of EITC returns declined from 1997 to 1999
by 1.1 million returns, the amount of erroneous or fraudulent
claims increased by between $378 and $2.382 billion. The amount
unclaimed by eligible filers also increased, by between $66
million and $139 million. It is clear that errors and fraud are
occurring at high rates, cutting across all types of returns
and socioeconomic levels, without adequate responsiveness to
current IRS approaches to increasing compliance.
This appropriations measure funds two IRS compliance
accounts, the Tax Law Enforcement and the Earned Income Tax
Credit Compliance programs. The Committee provides funding for
these accounts at the levels requested by the President,
$3,729,072,000 and $146,000,000, respectively. The Committee
directs the IRS to apply these resources in the most efficient
and effective way possible to strengthen voluntary compliance
while reducing tax cheating, tax fraud, tax scams, and other
non-compliance problems among all population segments.
The compliance concerns of the Committee are not new. In
the report that accompanied the House appropriations bill for
fiscal year 2002 (H.R. 107-152), the Committee directed the IRS
to provide two detailed studies. The first was on audit rates
and audit fairness; the second was on the effectiveness of the
Earned Income Tax Credit Compliance program. The report on
audit rates and audit fairness was extremely late reaching
Congress; it was due in the middle of March and was not
received until the end of June. Such delays are not acceptable;
the Committee must receive the information it needs to make
difficult, critical, and timely funding decisions about federal
programs. The Nation's taxpayers are ill served by these
delays, the Committee directs the Administration to improve its
delivery of information to the Congress.
The tardy report on tax compliance activities provided data
on a range of IRS examination functions but raises more
questions than it provides answers. Technological and process
changes over the past five years make data comparisons
difficult. Furthermore, the IRS states that it is difficult to
determine the ``optimum'' examination rate for any population
segment and feels that all examination rates are probably below
optimal levels, causing all law-abiding taxpayers to bear more
than their fair share of the tax burden. The data can be
interpreted to suggest that more complicated tax returns
receive IRS scrutiny than do simple returns and to question the
fairness of IRS examination practices. The Committee is
concerned by this conclusion and is interested in the IRS
achieving balance in its compliance efforts across all
socioeconomic levels. Specifically, the Committee considers it
important to reduce errors and fraud in all tax returns
involving all parts of the tax code but particularly those
types of returns that have historically had high noncompliance
rates. It has been argued by the IRS, GAO and others that
corporate and partnership income are areas in which the highest
noncompliance rates occur each year. Part of the IRS response
to the issue of compliance fairness is to initiate a national
research program (NRP) to assess and measure taxpayer
compliance through random, statistically valid examinations of
tax returns. The Committee, while understanding the premise and
utility of these examinations, cautions the IRS to ensure that
all of its related actions are as unobtrusive as possible to
safeguard against undue and unnecessary burdens placed on law-
abiding taxpayers. The Committee encourages the IRS to continue
its efforts, such as the NRP, to ensure tax system fairness.
However, the Committee understands that the NRP will take
several years to complete and, for example, will not consider
corporate and partnership returns as part of its review until
2005. This is far too long to wait for filing, payment and
compliance data from categories that historically have among
the highest rates of noncompliance. The Committee directs the
IRS within 90 days of the enactment of this Act to provide a
new report on IRS tax compliance activities that updates the
data of the current report, expands the analysis of the
fairness with which IRS compliance efforts are being
implemented, provides a detailed status (including a budget) of
the NRP, and identifies the resources necessary to accelerate
the NRP in order to more quickly obtain critical information on
all categories of tax filers. This should include a multi-year
analysis of the extent to which categories of problem filers
generate recurring or repetitive problematic tax returns.
The second report focused exclusively on EITC compliance
activities. The Committee notes that the IRS has been working
diligently to make the credit more efficient and is examining
ways to improve the accuracy of the credit while reducing its
complexity. The Committee also understands that other EITC
reforms that would further reduce error rates are being
prepared or have been proposed. Nevertheless, the IRS still
reports that a large percentage of EITC filings contain errors
or are fraudulent, costing the American taxpayers at least $8.5
billion yearly. This compares with almost $2 billion that the
IRS estimates are due to taxpayers eligible for the credit who
do not claim it. The Committee notes that only those eligible
for the credit received it, the bottom-line revenues of the
Treasury would increase by $6 billion. The Committee directs
the IRS to be diligent in its efforts to improve its
administration of the credit and regards as a positive action
the recently convened Treasury and IRS Task Force that brings
together high level personnel to address EITC problems and
determine potential legislation and process and procedural
changes that would improve the administration of the credit.
The Committee also directs the IRS within 90 days of the
enactment of this Act to provide a new report on its EITC
compliance activities that updates the data of the current
report, expands the analysis of the effectiveness of EITC
compliance efforts, and provides a detailed summary of the
activities and findings of the Treasury and IRS Task Force.
Processing, Assistance and Management
Appropriation, fiscal year 2002 enacted to date....... $3,810,880,000
Budget estimate, fiscal year 2003..................... 3,958,337,000
Recommended in the bill............................... 3,955,777,000
Bill compared with:
Appropriation, fiscal year 2002................... +144,897,000
Budget Estimate, fiscal year 2003................. -2,560,000
MISSION
This appropriation provides for processing tax returns and
related documents; processing data for compiling statistics of
income; assisting taxpayers in correct filing of their returns
and in paying taxes that are due; overall planning and
direction of the Internal Revenue Service; and management of
financial resources and procurement.
RECOMMENDATION
The Committee recommends an appropriation of $3,955,777,000
for Processing, Assistance, and Management, an increase of
$144,897,000 above the fiscal year 2002 enacted level and a
decrease of $2,560,000 below the President's request. The
reduction below the President's request is associated with the
President's pending proposal to integrate the benefits and
administrative costs of the Federal Employees' Compensation Act
which, to date, has not been enacted. The appropriation
includes $9,000,000 in support of low-income tax clinics.
NO-COST EZ TAX FILING
On October 3, 2000, the Committee held a hearing on
electronic tax administration that focused on IRS plans with
respect to no- or low-cost digital filing of tax returns over
the Internet. At that hearing, the IRS stated that it did not
intend to enter into the tax preparation software business;
instead, it intended to work in partnership with industry to
expand the electronic filing of tax returns. The necessity of a
partnership between the industry and the IRS was again
emphasized in a statement released by the Department of the
Treasury on January 30, 2002. In answers provided this Spring
to questions for the record, the IRS echoed this commitment to
work with industry and noted that IRS plans did not include tax
preparation services. In addition, the IRS stated that it did
not have the resources to build, implement, and maintain a free
Internet tax preparation and filing option by itself. The
Committee further notes that the IRS in its budget is seeking
no such resources, nor has this Committee provided any. The
Committee strongly believes in the industry-IRS partnership
concept and directs the IRS to continue strengthening its ties
with the private sector and computer software community as it
moves forward in this endeavor.
EMPOWERMENT ZONES
The Committee is aware that the Department of Housing and
Urban Development (HUD) has designated certain urban and rural
areas as HUD Empowerment Zones, which provide tax incentives to
businesses located in the empowerment zones that employ local
residents. The Committee understands that there is a lack of
detailed guidance for the administration of the tax incentives,
which has caused some confusion and delay for gaining
investment in those areas. The Committee directs that the
Department of Treasury and the IRS work with HUD and the
Department of Commerce in determining how the tax incentives
will be implemented and report the status of its efforts to
this Committee by October 31, 2002. Additionally, the Committee
directs that the IRS work more closely with Empowerment Zone
local officials for ensuring that information about the tax
incentives is readily available and understood by the local
officials, the private sector investors that the Empowerment
Zones are designed to attract, and other stakeholders.
Tax Law Enforcement
Appropriation, fiscal year 2002 enacted to date....... $3,542,891,000
Budget estimate, fiscal year 2003..................... 3,729,072,000
Recommended in the bill............................... 3,729,072,000
Bill compared with:
Appropriation, fiscal year 2002................... +186,181,000
Budget Estimate, fiscal year 2003................. ................
MISSION
This 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; collecting
unpaid accounts; compiling statistics of income and compliance
research; and, securing unfiled tax returns and payments.
RECOMMENDATION
The Committee recommends an appropriation of $3,729,072,000
for Tax Law Enforcement, an increase of $186,181,000 above the
fiscal year 2002 enacted level and the same as the President's
request. Within available funds, IRS is directed to spend
$4,000,000 to contract for actuarial expertise and/or related
computer software in a compliance effort to assist in audits
involving tax reserves and other situations requiring actuarial
expertise.
The Committee is aware of a pressing issue involving the
submittal of erroneous social security numbers to the IRS; the
issue is of concern to many members and committees in Congress;
the Committee encourages the IRS to continue working with
industry, the Congress, and other pertinent groups of the
Administration to resolve the issue and assist in the rapid
identification of appropriate and valid social security numbers
for tax purposes.
Earned Income Tax Credit Compliance Initiative
Appropriation, fiscal year 2002 to date............... $146,000,000
Budget estimate, fiscal year 2003..................... 146,000,000
Recommended in the bill............................... 146,000,000
Bill compared with:
Appropriation, fiscal year 2002................... ................
Budget Estimate, fiscal year 2003................. ................
MISSION
The Earned Income Tax Credit Compliance Initiative provides
for expanded customer service and public outreach programs,
strengthened enforcement programs, and enhanced research
efforts to reduce overclaims and erroneous filings associated
with the Earned Income Tax Credit.
RECOMMENDATION
The Committee recommends an appropriation of $146,000,000
for the Earned Income Tax Credit Compliance Initiative, the
same as the fiscal year 2002 enacted level and the same as the
President's request.
Information Systems
Appropriation, fiscal year 2002 to date............... $1,579,240,000
Budget estimate, fiscal year 2003..................... 1,632,444,000
Recommended in the bill............................... 1,632,444,000
Bill compared with:
Appropriation, fiscal year 2002................... +53,204,000
Budget Estimate, fiscal year 2003................. ................
MISSION
This appropriation provides for Service-wide data
processing support, including the evaluation, development, and
implementation of computer systems (including software and
hardware) requirements.
RECOMMENDATION
The Committee recommends an appropriation of $1,632,444,000
for Information Systems, an increase of $53,204,000 above the
fiscal year 2002 enacted level and the same as the President's
request. The Committee has been following the progress of the
IRS to improve program management for its business systems
modernization and directs the IRS to apply those same program
management and capital planning principles to the systems
development processes and projects funded in this account. The
Committee is particularly concerned about the coordination of
program management and modernization projects between the two
accounts to ensure that the newly modernized projects
successfully transition into the IRS operating environment.
Business Systems Modernization
Appropriation, fiscal year 2002 to date............... $391,593,000
Budget estimate, fiscal year 2003..................... 450,000,000
Recommended in the bill............................... 436,000,000
Bill compared with:
Appropriation, fiscal year 2002................... +44,407,000
Budget Estimate, fiscal year 2003................. -14,000,000
MISSION
This appropriation provides for funding of the PRIME
Systems Integration Services Contractor to modernize the
business systems of the Internal Revenue Service.
RECOMMENDATION
The Committee recommends an appropriation of $436,000,000
for Business Systems Modernization, an increase of $44,407,000
above the fiscal year 2002 enacted level and a decrease of
$14,000,000 below the President's request. The release of
funding from this account is governed by the same statutory
conditions that governed the funds appropriated into the
Information Technology Investment account for fiscal year 2002.
Administrative Provisions--Internal Revenue Service
Section 101. The Committee continues the provision that
allows the transfer of 5 percent of any appropriation made
available to the IRS to any other IRS appropriation, subject to
prior Congressional approval.
Section 102. The Committee continues the provision that
requires the IRS to maintain a training program in taxpayer's
rights, dealing courteously with taxpayers, and cross cultural
relations.
Section 103. The Committee continues the provision that
requires the IRS to institute policies and procedures, which
will safeguard the confidentiality of taxpayer information.
Section 104. The Committee continues the provision that
makes funds available for improved facilities and increased
manpower to provide sufficient and effective 1-800 help line
service for taxpayers.
United States Secret Service
SALARIES AND EXPENSES
Appropriation, fiscal year 2002 to date............... $1,025,384,000
Budget estimate, fiscal year 2003..................... 1,010,435,000
Recommended in the bill............................... 1,017,892,000
Bill compared with:
Appropriation, fiscal year 2002................... -7,492,000
Budget Estimate, fiscal year 2003................. +7,457,000
MISSION
The Secret Service is responsible for the security of the
President, the Vice President and other dignitaries and
designated individuals; for enforcement of laws relating to
obligations and securities of the United States and financial
crimes such as financial institution fraud and other fraud; and
for protection of the White House and other buildings within
Washington, DC. It also has responsibility to provide security
for national security special events, as designated by the
President.
RECOMMENDATION
The Committee recommends an appropriation of $1,017,892,000
for the U.S. Secret Service, a decrease of $7,492,000 below the
fiscal year 2002 enacted level and an increase of $7,457,000
above the President's request. The change from the President's
request includes an increase of $6,824,000 for non-pay
inflation; $991,000 in additional support to the National
Center for Missing and Exploited Children (including $300,000
for Web-Wise Kids); and a reduction of $358,000 associated with
the President's pending proposal to integrate the benefits and
administrative costs of the Federal Employees' Compensation Act
(FECA) which, to date, has not been enacted.
UNIFORMED DIVISION
The Committee is aware that the Uniformed Division (UD) of
the Secret Service is experiencing dramatic rates of attrition,
with as many as twenty percent of the entire force leaving
since January. While some of this is due to more attractive
compensation with other law enforcement agencies, such as the
newly formed Transportation Security Administration, this
attrition is exacerbating the pressure on UD officers who have
been experiencing significant and continuously high rates of
overtime since September 11th. The Committee directs the Secret
Service to report not later than September 30, 2002, on its
proposals to address these problems, to include proposals for
increased hiring or realignment of the force.
UNDER VEHICLE INSPECTION SYSTEM
The Under Vehicle Inspection System (UVIS) was created
through a joint cooperation program of the Secret Service and
the Department of Transportation. It is a computer-controlled
linear array of sensors placed at the security entrance of a
facility or border designed to eliminate the necessity of
having guards use mirrors to manually inspect the bottom of
vehicles by creating digital imagery of the undercarriage of
vehicles. The Committee recognizes that the Secret Service and
the Customs Service have explored and reviewed the possible
utilization of this technology, and requests that the Secret
Service work with the Customs Service and other agencies with
possible security or related needs to determine if there is a
value in application of the UVIS to their various law
enforcement and security missions, and directs the Secret
Service to report by March 1, 2003, on its recommendations for
the UVIS.
OVERSEAS COUNTERFEITING
The Committee has been pleased to learn of the beneficial
impact of Secret Service engagement in anti-counterfeiting
efforts in Colombia under the auspices of Plan Colombia. Given
the increasing risk of counterfeiting in the region,
particularly with the adoption of the U.S. dollar as the
principal form of monetary exchange in countries such as
Ecuador, the Committee is concerned that there may need to be
an increased presence of Secret Service agents stationed in the
region. The Committee therefore directs the Secret Service to
report by September 30, 2002 on its recommendations for
staffing its foreign offices in the region to investigate and
shut down such counterfeiting operations.
RETENTION AND REBALANCING OF WORKLOAD
The Committee has been aware for several years that the
Secret Service has been experiencing extremely high overtime
for both its agents and uniformed officers, as high as 90 hours
a month. As a result, the Secret Service is seeing unusually
high rates of attrition, especially among its younger agents
and officers, at a time when Secret Service responsibilities
and workload are growing rapidly. In testimony for the record,
the Committee was told that no additional funding was requested
to fully fund the fiscal year 2003 estimated costs of the
retention and rebalancing initiative begun in fiscal year 2000.
However, the Committee has learned that $28,000,000 requested
in fiscal year 2003 for overtime and travel costs, associated
with increased protective detail coverage to be provided by
existing staffing, may be available for reprogramming. The
Committee directs the Secret Service and the Department of
Treasury to give priority to fully funding the costs of the
retention and rebalancing initiative, and will look favorably
on any necessary reprogramming requests for that purpose.
Acquisition, Construction, Improvements, and Related Expenses
Appropriation, fiscal year 2002 to date............... $3,457,000
Budget estimate, fiscal year 2003..................... 3,519,000
Recommended in the bill............................... 3,519,000
Bill compared with:
Appropriation, fiscal year 2002................. +62,000
Budget Estimate, fiscal year 2003............... ................
MISSION
This account supports the acquisition, construction,
improvement, equipment, furnishing and related costs for
maintenance and support of Secret Service facilities, including
the Secret Service Headquarters Building and the Rowley
Training Center.
RECOMMENDATION
The Committee recommends an appropriation of $3,519,000 for
Acquisition, Construction, Improvement and Related Expenses, an
increase of $62,000 above the fiscal year 2002 enacted level
and the same as the President's request.
General Provisions--Department of the Treasury
Section 110. The Committee continues the provision that
requires the Secretary of the Treasury to comply with certain
reprogramming guidelines when obligating or expending funds for
law enforcement activities.
Section 111. The Committee continues the provision that
allows the Department of the Treasury to purchase uniforms,
insurance, and motor vehicles without regard to the general
purchase price limitation, and enter into contracts with the
State Department for health and medical services for Treasury
employees in overseas locations.
Section 112. The Committee continues the provision that
requires expenditures of funds so as not to diminish efforts
under the Federal Alcohol Administration Act.
Section 113. The Committee continues the provision that
authorizes transfers, up to 2 percent, between law enforcement
appropriations under certain circumstances.
Section 114. The Committee continues the provision that
authorizes transfers, up to 2 percent, between Departmental
Offices, Office of the Inspector General, Financial Management
Service, and the Bureau of the Public Debt appropriations under
certain circumstances.
Section 115. The Committee continues the provision that
authorizes transfer, up to 2 percent, between the Internal
Revenue Service and the Treasury Inspector General for Tax
Administration under certain circumstances.
Section 116. The Committee continues the provision that
provides that no funds may be obligated for the purchase of law
enforcement vehicles until the Secretary of the Treasury
certifies that the purchase is consistent with Departmental
vehicle management principles.
Section 117. The Committee continues the provision that
prohibits the Department of the Treasury from undertaking a
redesign of the $1 Federal Reserve note.
Section 118. The Committee continues the provision that
provides for transfers from and reimbursements to the Salaries
and Expenses appropriation of the Financial Management Service
for the purposes of debt collection.
Section 119. The Committee continues and modifies a
provision that extends the pilot project for designated
critical occupations for one additional year.
Section 120. The Committee continues the provision that
requires Congressional approval for the construction and
operation of a museum by the United States Mint.
Section 121. The Committee continues the provision that
prohibits funds made available through this Act from being used
for the production of Customs Declarations that do not inquire
whether the passenger had been in the proximity of livestock.
Section 122. The Committee includes a new provision that
directs the Federal Law Enforcement Training Center to
establish an accrediting body to set standards for measuring
and assessing the quality and effectiveness of Federal law
enforcement training.
TITLE II--POSTAL SERVICE
Payment to the Postal Service Fund
Appropriation, fiscal year 2002 to date............... $596,093,000
Budget estimate, fiscal year 2003..................... 76,619,000
Recommended in the bill............................... 76,619,000
Bill compared with:
Appropriation, fiscal year 2002................. -519,474,000
Budget Estimate, fiscal year 2003............... ................
MISSION
Funds provided to the Postal Service in the Payment to the
Postal Service Fund include the costs of revenue forgone on
free and reduce-rate mail for the blind and overseas voters;
reconciliation adjustments for amounts appropriated for free
and reduced rate mail and the actual amounts required; and
partial reimbursement for losses which the Postal Service
incurred as a result of insufficient appropriations in fiscal
years 1991 through 1993 and the additional revenues it would
have received between 1993 and 1998 in the absence of certain
rate phasing provisions of the Revenue Forgone Act of 1993.
RECOMMENDATION
The Committee recommends an appropriation of $76,619,000 in
fiscal year 2003 for Payment to the Postal Service Fund, a
decrease of $519,474,000 from amounts appropriated in fiscal
year 2002 and the same as the amounts requested by the
President. Of the funds provided for fiscal year 2003, the
Committee includes $29,000,000 as reimbursement for prior year
shortfalls due to insufficient appropriations and the rate
phasing provisions of the Revenue Forgone Act of 1993. The
balance of $47,619,000 of fiscal year 2003 funds reflects the
advance appropriation for 2003 provided in the appropriations
act for fiscal year 2002 for free mail for the blind and
overseas voters. The Committee also recommends an advance
appropriation of $48,999,000 for fiscal year 2004 for free mail
for the blind and overseas voters; a reduction of $17,985,000
is assumed as a reconciliation adjustment for differences
between estimated free mail volumes and final audited volumes
for fiscal year 2000. The final net appropriation of
$31,014,000 is made available on October 1, 2003.
TRANSFORMATION OF THE US POSTAL SERVICE
The Committee remains extremely concerned by the current
financial status of the US Postal Service (USPS), with current
estimates projecting a deficit of $1.5 billion for fiscal year
2002. The Committee continues to believe that deficits of this
magnitude are unacceptable. USPS continues to suffer cash flow
problems that have, in turn, prevented the funding of needed
capital commitments. USPS is also approaching its statutory
debt limit of $15 billion and faces growing pension
liabilities. The Committee is aware of the financial impact of
the decline in mail volume caused by the recent economic
downturn, the terrorist attacks of September 11 and the anthrax
attacks of last fall. The Committee believes, however, that
USPS financial difficulties cannot be attributed solely to
recent events, nor can the problem be resolved solely by
increasing postal rates or by Federal appropriations. Instead,
the Committee believes that USPS organization and practices
must undergo fundamental changes to adapt to the current
business climate.
The Committee is aware that USPS released a needed
Transformation Plan in April 2002 and commends the
comprehensive nature of this plan. The Committee is also aware
that the USPS Board of Governors has recognized the need for
significant statutory reform of USPS and has expressed its
support for legislation under consideration by the Committee on
Government Reform. The Committee supports these ongoing efforts
by the Committee on Government Reform and encourages USPS to
work with Congress in the passage of legislation that will
return USPS to financial sustainability.
PAY-FOR-PERFORMANCE
The Committee is concerned that the USPS pay-for-
performance program based on the concept of economic value
added (EVA) does not provide the necessary incentives to
improve postal performance. The Committee notes that although
USPS recorded a deficit of $1.7 billion for fiscal year 2001,
$164.1 million in bonuses were awarded to nearly 84,000 postal
executive employees. The Committee also notes that the USPS
Office of Inspector General (USPS OIG) found the EVA concept to
be inappropriate for USPS and recommended that USPS develop an
alternative method for calculating pay-for-performance. The
Committee especially notes USPS OIG's finding that without a
unique inflation adjustment incorporated into the system, EVA
in fiscal year 2000 would have been negative and no award
payments would have been made in that year. The Committee is
therefore concerned that the pay-for-performance program has
become disjoined from actual performance and instead has become
based on fulfilling employees' expectation of payments. The
Committee understands that USPS has agreed to evaluate an
alternative method for the pay-for-performance program by the
end of fiscal year 2002. The Committee directs USPS to report
to the Committee on the findings of this evaluation no later
than December 31, 2002.
EMERGENCY PREPAREDNESS FOR TERRORIST ATTACKS
At the direction of Congress, USPS submitted to the
Committee on March 6, 2002 an Emergency Preparedness Plan for
Protecting Postal Employees and Customers From Exposure to
Biohazardous Material and for Ensuring Mail Security Against
Bioterror Attacks. The Committee directs USPS to report on a
quarterly basis to the Committee on the implementation of the
Emergency Preparedness Plan, including the obligation of funds
appropriated to date and the identification and evaluation of
technologies relating to the prevention, protection and health-
risk reduction, detection and identification, intervention, and
decontamination for possible future biological and/or chemical
terrorist attacks via US mail. The Committee further directs
USPS to report by December 31, 2002 on the evaluation of the
cost-effectiveness and security benefits that may be provided
by a system of cooperative security or ``trusted mail'' efforts
(including incentive options) between USPS and commercial
mailers, whereby mail received from a commercial mailer that
has complied with security standards, such as unique traceable
identifiers, would not be scheduled to receive any special
handling for the detection and neutralization of biohazardous
contaminants.
MAIL MOVED BY COMMERCIAL AIR TRANSPORT
The Committee is aware that since the terrorist attacks of
September 11, 2001, there has been a significant reduction in
the amount of US Mail being moved by commercial air transport
due to new security requirements. The Committee is concerned
with the rapid and efficient transport of the US Mail and
encourages the US Postal Service to work in close coordination
with the Transportation Security Administration and airlines
industry for developing effective and secure procedures for
moving the US Mail by commercial air transport.
PERIODICAL POSTAL RATES
It is the Committee's understanding that the USPS and
publishers have been negotiating for more than two years to
find a suitable audit procedure to verify periodical postal
rates for phone and Internet orders and that, to date, an
agreement has not been reached. The Committee encourages USPS
to consider the acceptance of personal identifiers, Internet/E-
mail digital footprints, voice recordings and/or equivalent
methods of verification to determine whether a publication
meets the 50 percent test for periodical postal rates. The
Committee directs USPS to report to the Committee on the status
of this issue within 120 days.
COMMUNITY IDENTIFICATION
The Committee is aware that ZIP codes are often used to
identify communities, and in some cases the ZIP code coverage
may overlap, divide or exclude some particular communities'
governmental boundaries in a way that sometimes causes
jurisdictional confusion for conducting local governmental
business. The Committee encourages the Postal Service to work
more closely with local communities in assigning ZIP codes that
correspond more closely with their governmental boundaries.
POSTAL SERVICE WEATHER EMERGENCY POLICIES AND PRACTICES
In its report last year (H. Rpt. 107-152) and the year
before (H. Rpt. 106-756), the Committee expressed its concern
that during Hurricanes Irene and Floyd, the US Postal Service
may have put the health and safety of South Florida postal
employees at risk by continuing business as usual for an
unreasonable period and failing to curtail postal operations in
a timely manner.
Despite strong and repeated requests from the Committee,
the Postal Service has refused to adopt a policy and practice
of following the recommendations and directives of federal,
state and local emergency management and weather authorities in
all locations served by the Postal Service whenever weather
emergencies arise. While the Postal Service says that it will
observe any evacuation order that it receives from an emergency
management authority, it appears that it reserves the right to
ignore the recommendations and directives of federal, state and
local emergency management and weather authorities in all other
circumstances.
The Committee continues to believe that the health and
safety of postal employees must never be put at risk in order
to deliver the mail. The Committee remains concerned that the
Postal Service's refusal to adopt a policy and practice of
following the recommendations and directives of federal, state
and local emergency management and weather authorities in all
locations served by the Postal Service whenever weather
emergencies arise is placing Postal employees, especially South
Florida postal employees, at risk in future weather
emergencies. It is important for the Committee to know the
reasons for the differences in policy and practice whenever
South Florida postal workers are required to work during a
weather emergency while other workers are not. Thus, the
Committee directs the Postal Service to report to the Committee
by October 1, 2002 on its South Florida weather emergency
policies and practices.
In its report, the US Postal Service shall describe any
variation between U.S. Postal Service weather emergency
policies and practices and those used by federal, state, and
local emergency management and weather authorities for South
Florida, (namely, the Federal Emergency Management Agency, the
Florida Division of Emergency Management, and the Miami Dade
County Office of Emergency Management). This report shall
identify each instance when Miami-Dade County employees were
released from duty in a weather emergency when Postal employees
were not, and provide the Postal Service's explanation for its
refusal to release postal employees working in or living in
Miami Dade County during a weather emergency even though other
Miami-Dade County employees were released.
The Committee further directs the Postal Service to report
to the Committee within thirty days of any South Florida
weather emergency in any case where the Postal Service remained
operational and required its employees to report for, and/or
remain at work despite a directive from the Miami-Dade County
government releasing their employees from service. This report
shall explain how the Postal Service arrived at its decisions
concerning how to respond to the South Florida weather
emergency, and shall provide the rationale for any variations
between the Postal Service's decision and that of Federal,
State or local emergency management and weather authorities.
MORRIS PLAINS, NEW JERSEY
The Committee believes that the US Postal Service Inspector
General and the US Postal Service should consider conducting a
thorough investigation of the ongoing management and service
complaints at the Morris Plains Post Office in Morris Plains,
New Jersey. The Committee notes that formal complaints have
been brought to local and Federal USPS officials, as well as
the Postmaster General's attention since April 1998. Under such
circumstances, the Committee strongly encourages the US Postal
Service and Inspector General to conduct a thorough
investigation to address these management complaints at the
Morris Plains Post Office.
LITTLEVILLE, ALABAMA
The Committee is concerned about the postal needs of
Littleville, Alabama, located in Colbert County. The Committee
recommends that the US Postal Service evaluate the need for a
post office in Littleville, Alabama, working with local
officials and community leaders. The Committee further
recommends that the US Postal Service report its findings to
the Committee.
WEST POINT, ALABAMA
The Committee is concerned about the postal needs of West
Point, Alabama, located in Cullman County. The Committee
recommends that the US Postal Service evaluate the need for a
post office in West Point, Alabama, working with local
officials and community leaders. The Committee further
recommends that the US Postal Service report its findings to
the Committee.
SOUTHSIDE, ALABAMA
The Committee is concerned about the postal needs of
Southside, Alabama, located in Etowah County. The Committee
recommends that the US Postal Service evaluate the need for a
classified post office in Southside, Alabama, working with
local officials and community leaders. The Committee further
recommends that the US Postal Service report its findings to
the Committee.
DOUGLAS, ALABAMA
The Committee is concerned about the postal needs of
Douglas, Alabama, located in Marshall County. The Committee
recommends that the US Postal Service evaluate the need for the
Douglas post office to serve the entire city of Douglas,
Alabama, working with local officials and community leaders.
The Committee further recommends that the US Postal Service
report its findings to the Committee.
CHAPEL HILL, NORTH CAROLINA
The Committee is concerned about the postal needs of the
citizens of Chapel Hill, North Carolina. The Committee supports
the US Postal Service's plans to construct a new carrier/retail
facility that would relieve overcrowding at existing post
offices and regrets that budget constraints have delayed this
project. The Committee encourages the Postal Service to report
to the Committee on the status of this effort. The Committee
also recommends that the Postal Service re-evaluate the need
for a contract facility in the Southern Village development and
report its findings to the Committee.
SUFFOLK, VIRGINIA
The Committee is aware that the City of Suffolk, Virginia,
has been in consultation with the Postal Service for more than
seven years regarding the construction of a new retail facility
in downtown Suffolk. The Committee is encouraged by the
progress that has been made in this dialogue and recommends
that the Postal Service continue to seek alternatives for
providing improved postal service for the residents of this
community, including rental of retail space from the City.
COLONIAL HEIGHTS, VIRGINIA
The Committee is concerned that the postal needs of
Colonial Heights, Virginia are not being adequately met. The
Committee recommends that the Postal Service work with City
officials to determine how these services can be improved and
evaluate alternatives to new construction until such time as
the spending moratorium is lifted. The Committee further
recommends that the Postal Service report its findings to the
Committee.
BRONX, NEW YORK
The Committee is greatly concerned with the numerous
reports of missing mail, misdelivered mail, late delivery and
poor service at the Morris Park, Bronx, New York Post Office,
with particular focus to the neighborhoods encompassing the
10461 ZIP code, and recommends action be taken by the United
States Post Office, New York headquarters to investigate this
situation and report recommendations to correct this problem.
Recommendations and a plan of implementation should be issued
to the Committee no later then 90 days after the enactment of
this legislation.
BARTONVILLE, ILLINOIS
The Committee is concerned about the postal needs of the
Village of Bartonville, Illinois. The Committee believes that
the current Postal Service facility in Bartonville is
inadequately sized for the services it provides, and that the
lack of adequate adjacent parking for customers as well as the
inadequate parking for mail trucks and employees pose serious
safety hazards. The Committee recommends that the Postal
Service work with local officials and community leaders to
expeditiously address the needs of this facility and its
customers and employees. The Committee further recommends that
the Postal Service evaluate this situation and report its
findings to the Committee.
JOPLIN, MISSOURI
The Committee is concerned about the postal needs of
Joplin, Missouri. The Committee believes that the current
Postal Service facility in Joplin has inadequate parking that
has created a traffic problem, and is not suitably accessible
to the disabled. It is the Committee's understanding that the
city will contribute over 20 percent of the overall cost of
constructing a new facility in Joplin and will receive the
current Postal facility. The Committee recommends that the
Postal Service work with the community of Joplin to address the
city's need for a new facility, and directs the Postal Service
to report to the Committee on this matter no later than 90 days
after the enactment of this Act.
MARKHAM, ILLINOIS
The Committee is aware that Markham, Illinois has shared a
zip code with Harvey, Phoenix, and Dixmoor, Illinois. Markham's
60428 zip code designation was removed in 1974 and remains
unused. The committee understands that the Village of Markham
has requested reinstatement of their former zip code. The
Committee recommends that the Postal Service evaluate this
situation and report its findings to the Committee.
SAUK VILLAGE, ILLINOIS
The Committee is concerned about the postal needs of Sauk
Village, Ford Heights and Lynwood, Illinois. The Committee
recommends that the U.S. Postal Service evaluate the need for a
post office in Sauk Village working with local officials and
community leaders. The Committee further recommends that the
U.S. Postal Service report its findings to the Committee.
TUSCUMBIA, ALABAMA
The Committee is concerned about the decision by the USPS
to close the downtown Tuscumbia, Alabama post office located in
Colbert County. The Committee is concerned that this proposed
closing could have a negative impact on the elderly citizens of
the Tuscumbia community and on downtown business owners. The
Committee recommends that the Postal Service evaluate this
situation, including the concerns described above, and report
its findings to the Committee.
TITLE III--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO
THE PRESIDENT
Compensation of the President and the White House Office
COMPENSATION OF THE PRESIDENT
Appropriation, fiscal year 2002 to date............... $450,000
Budget estimate, fiscal year 2003..................... 450,000
Recommended in the bill............................... 450,000
Bill compared with:
Appropriation, fiscal year 2002................... ................
Budget Estimate, fiscal year 2003................. ................
MISSION
These funds provide for the compensation of the President
as well as official expenses, as authorized by Title 3.
RECOMMENDATION
The Committee recommends an appropriation of $450,000 for
Compensation of the President, the same as the amounts
appropriated in fiscal year 2002 and the same as the amount
requested by the President.
SALARIES AND EXPENSES
Appropriation, fiscal year 2002 to date............... $54,651,000
Budget estimate, fiscal year 2003..................... 84,595,000
Recommended in the bill............................... 50,715,000
Bill compared with:
Appropriation, fiscal year 2002................... -3,936,000
Budget Estimate, fiscal year 2003................. -33,880,000
MISSION
The Salaries and Expenses account of the White House Office
supports staff and administrative services necessary for the
direct support of the President. This account also includes
reimbursements to the White House Communications Agency.
RECOMMENDATION
The Committee recommends an appropriation of $50,715,000
for the White House Office, $3,936,000 below the amounts
appropriated in fiscal year 2002 and $33,880,000 below the
amounts requested by the President. The Committee's
recommendation transfers $9,020,000 to the Office of
Administration in support of a one-year pilot project to
centralize the procurement of certain common goods and
services. The Committee also establishes a separate
appropriation account for the Office of Homeland Security
($24,844,000) instead of including these funds within the White
House Office, Salaries and Expenses appropriation. The
Committee's recommendation also assumes a reduction of $16,000
associated with the President's pending proposal to integrate
the benefits and administrative costs of the Federal Employees'
Compensation Act (FECA) which, to date, has not been enacted.
WHITE HOUSE OPERATIONS
The Committee is disappointed that information and
communication from the White House is not offered in an
expeditious and complete manner. This takes several forms,
which goes beyond simple unreturned phone calls. The Committee
has been extremely disappointed by the lack of detailed
information provided by the White House regarding the staffing,
funding and operations of the White House Office. As in the
past, and as part of the Committee's questions on the use of
appropriated funds, the Committee requested a brief description
of the duties and responsibilities of each office within the
White House, including the obligations incurred by each office
for fiscal years 2001-2003. On two separate occasions, the
White House responded that this information was not available;
on the third occasion, after the White House was referred to
the fiscal year 1999 hearing volumes which accurately displays
fiscal year 1999 obligations by White House office, as provided
by the previous Administration, the White House provided
information regarding current operations for the record. The
Committee has been steadfast in its resolve to conduct
oversight of the use of appropriated funds for all agencies
under its jurisdiction, including the White House Office.
WHITE HOUSE TOURS
The Committee is aware that, because of the tragic events
of September 11, 2001, public visitation of the White House has
been severely restricted. The Committee would like to see a
resumption of public White House tours as soon as safely
possible. We urge the executive branch to work toward this
goal.
Office of Homeland Security
SALARIES AND EXPENSES
Appropriation, fiscal year 2002 to date............... $27,000,000
Budget estimate, fiscal year 2003..................... 24,844,000
Recommended in the bill............................... 24,061,000
Bill compared with:
Appropriation, fiscal year 2002................... -2,939,000
Budget Estimate, fiscal year 2003................. -783,000
------------------------------------------------------------------------
(Note: Fiscal Year 2002 funds for the Office of Homeland Security were
provided under the Heading, ``Office of Administration, Salaries and
Expenses''.)
MISSION
On October 8, 2001, the President signed Executive Order
13288, establishing the Office of Homeland Security (OHS). As
identified by Executive Order 13288, the primary
responsibilities of OHS are to coordinate the executive
branch's efforts to detect, prepare for, prevent, protect
against, respond to, and recover from terrorist attacks within
the United States.
RECOMMENDATION
The Committee proposes a new appropriation account for the
Office of Homeland Security rather than including funds within
the account, White House Office, Salaries and Expenses. The
Committee believes that the Office of Homeland Security is a
high priority effort and should be funded as a separate
appropriations structure.
The Committee recommends an appropriation of $24,061,000
for the Office of Homeland Security, a decrease of $2,939,999
from the amounts appropriated in fiscal year 2002 and $783,000
below the amounts requested by the President. The Committee's
recommendation assumes savings from non-recurring costs
associated with the fiscal year 2002 emergency supplemental
appropriation and the transfer of $783,000 to the Office of
Administration in support of a pilot program to centralize the
procurement of certain common goods and services.
COMMITTEE OVERSIGHT
In creating a new Office of Homeland Security within the
Executive Office of the President, the Committee seeks to
better highlight and isolate those costs directly associated
with the operations of this office. In fiscal year 2002, the
Office of Homeland Security was established by Executive Order
13228 ``to develop and coordinate the implementation of a
comprehensive national strategy to secure the United States
from terrorist threats or attacks.'' During fiscal year 2002,
$27,000,000 in funding for this new office was provided within
the account, Office of Administration. An additional
$24,844,000 was requested as part of the White House Office
account for fiscal year 2003. The Committee establishes a new
Office of Homeland Security account and provides the
$24,844,000 in funding previously requested within the White
House Office.
During the Committee's fiscal year 2003 hearings on agency
budget requests, the Committee asked many questions about
funding for the Office of Homeland Security; the Committee was
disappointed that the witnesses were not able to answer these
questions. When the Committee then sought testimony from the
Director of Homeland Security to address these and other
questions, the requests were denied. The Committee's ability to
exercise its oversight responsibilities of the Office of
Homeland Security were significantly hindered by the
Administration's inability to answer questions in a timely and
complete answer.
Despite its strong belief that the Committee should have
received testimony from the Director of the Office of Homeland
Security within the regular Committee hearing process, the
Committee accommodated the executive branch by conducting a
more informal briefing. The committee's decision to focus on
cooperation rather than confrontation does not diminish its
belief that a regular hearing with testimony should have been
agreed to by the executive branch.
It is the expectation of the Committee that, by
establishing a new account for this function, information
related to the operations of and funding for this office will
be more readily available. Witnesses who testify before the
Committee on behalf of this account are expected to be fully
prepared to answer questions about the functions and operations
of the Office of Homeland Security.
FUNCTIONAL RESPONSIBILITIES
Executive Order 13288 establishes several broad areas of
functional responsibility for the OHS, including the
development of a national strategy; prioritizing and
coordinating detection efforts; coordinating national
preparedness efforts; coordinating prevention efforts;
coordinating efforts to protect critical infrastructure;
coordinating efforts to respond to and promote response and
recovery; coordinating incident management response efforts;
reviewing plans and preparations for the continuity of
government; coordinating the executive branch strategy for
communications and public affairs; encouraging the cooperation
of state and local governments and private entities; reviewing
legal authorities; and reviewing agency and department budgets
for homeland security efforts. The Committee believes that
these are laudable efforts and has included bill language
directing the Office of Homeland Security to submit a report
identifying estimated obligations for each function to the
Committee on Appropriations no later than November 1, 2002. The
Committee further directs the Office of Homeland Security to
submit any future appropriations requests according to these
functional responsibilities; this submission shall be in
addition to standard appropriations justification materials
that display an object class analysis for the activities of the
Office of Homeland Security.
LESSONS LEARNED
The Committee is aware of a lessons learned initiative at
the Oklahoma City National Memorial Institute for the
Prevention of Terrorism. The lessons learned initiative is
intended as a repository where First Responders can input their
observations and lessons learned from their experiences, to be
shared with all First Responders nationally. The Committee
considers the lessons learned initiative to be significant work
by a non-governmental organization towards contributing to
homeland security. The Office of Homeland Security is urged to
coordinate and work with the Memorial Institute for the
Prevention of Terrorism in order to leverage ongoing lessons
learned for First Responders. The Committee believes that such
efforts provide the best return on investment because they
identify and share information on best practices for combating
terrorism on United States soil. A lesson learned system also
allows a trend analysis that can be used to strengthen a first
responder-training program and determine research agendas.
PROFESSIONAL CONTRACTS
The Office of Homeland Security has requested $8,000,000
for ``professional contracts'' under the object class ``Other
Services''. The Committee is aware that these funds will be
used to meet research and analysis requirements of the Office
of Homeland Security including the review and assessment of
federal emergency response plans; the development of criteria
for reviewing security measures for critical infrastructure;
the identification of methods for coordinating public health
preparedness; the design and review of programs to facilitate
incident response; the analysis of cyber security and
vulnerability; the development of information technology
security awareness; and the review of government vulnerability
and homeland security programs. The Committee directs the
Office of Homeland Security to notify the Committee on a
quarterly basis of all projects funded through these contracts.
Additionally, the Committee directs the Office of Homeland
Security to submit a copy of each project, study or review
funded when such studies, projects and reviews are completed,
subject to normal security procedures, as may be necessary.
Executive Residence at the White House
OPERATING EXPENSES
Appropriation, fiscal year 2002 to date............... $11,695,000
Budget estimate, fiscal year 2003..................... 12,228,000
Recommended in the bill............................... 12,228,000
Bill compared with:
Appropriation, fiscal year 2002................... +533,000
Budget Estimate, fiscal year 2003................. ................
MISSION
These funds provide for the care, maintenance, and
operation of the Executive Residence.
RECOMMENDATION
The Committee recommends an appropriation of $12,228,000
for the operating expenses of the Executive Residence, an
increase of $533,000 from the amounts appropriated in fiscal
year 2003 and the same as the amounts requested by the
President.
White House Repair and Restoration
Appropriation, fiscal year 2002 to date............... $8,625,000
Budget estimate, fiscal year 2003..................... 1,200,000
Recommended in the bill............................... 1,200,000
Bill compared with:
Appropriation, fiscal year 2002................... -7,425,000
Budget Estimate, fiscal year 2003................. ................
MISSION
To provide for the repair, alteration, and improvement of
the Executive Residence at the White House, a separate account
was established in fiscal year 1996 to program and track
expenditures for capital improvement projects at the Executive
Residence at the White House.
RECOMMENDATION
The Committee recommends an appropriation of $1,200,000 for
White House Repair and Restoration, a decrease of $7,425,000
from amounts appropriated in fiscal year 2002 and the same as
the amounts requested by the President.
FISCAL YEAR 2002 CONSTRUCTION ACTIVITIES
In fiscal year 2002, the Committee provided $8,625,000 for
eight separate construction activities for the Executive
Residence at the White House. The Committee directed the
National Park Service to submit a prospectus for each of these
projects in excess of $100,000; the Committee was extremely
disappointed with the quality of the original submission and
remains concerned about both the planning and the execution of
these projects. The Committee directs the National Park Service
to submit a detailed status report for each of the projects
supported in the fiscal year 2002 appropriations bill no later
than 60 days after enactment of this Act. This report shall
include a summary of obligations to date, by project. The
National Park Service is directed to include all projects that
are law enforcement sensitive and/or classified in this report
under separate and appropriate cover.
Special Assistance to the President and the Official Residence of the
Vice President
SALARIES AND EXPENSES
Appropriation, fiscal year 2002 to date............... $3,925,000
Budget estimate, fiscal year 2003..................... 4,066,000
Recommended in the bill............................... 3,160,000
Bill compared with:
Appropriation, fiscal year 2002................... -765,000
Budget Estimate, fiscal year 2003................. -906,000
MISSION
These funds support the official duties and functions of
the Office of the Vice President.
RECOMMENDATION
The Committee recommends an appropriation of $3,160,000 for
the Office of the Vice President, a decrease of $765,000 from
amounts appropriated in fiscal year 2002 and a decrease of
$906,000 from amounts requested by the President. The
Committee's recommendation transfers $906,000 to the Office of
Administration in support of a one-year pilot project to
centralize the procurement of certain common goods and
services.
Operating Expenses
Appropriation, fiscal year 2002 to date............... $318,000
Budget estimate, fiscal year 2003..................... 324,000
Recommended in the bill............................... 324,000
Bill compared with:
Appropriation, fiscal year 2002................... +6,000
Budget Estimate, fiscal year 2003................. ................
MISSION
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.
RECOMMENDATION
The Committee recommends an appropriation of $324,000 for
the Operating Expenses of the Vice President's residence, an
increase of $6,000 from amounts appropriated in fiscal year
2002 and the same as the amounts requested by the President.
Council of Economic Advisers
SALARIES AND EXPENSES
Appropriation, fiscal year 2002 to date............... $4,211,000
Budget estimate, fiscal year 2003..................... 4,405,000
Recommended in the bill............................... 3,763,000
Bill compared with:
Appropriation, fiscal year 2002................... -448,000
Budget Estimate, fiscal year 2003................. -642,000
MISSION
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 to Congress.
RECOMMENDATION
The Committee recommends an appropriation of $3,763,000 for
the Council of Economic Advisers, a decrease of $448,000 from
amounts appropriated in fiscal year 2002 and a decrease of
$642,000 from amounts requested by the President. The
Committee's recommendation transfers $642,000 to the Office of
Administration in support of a one-year pilot project to
centralize the procurement of certain common goods and
services.
Office of Policy Development
SALARIES AND EXPENSES
Appropriation, fiscal year 2002 to date............... $4,142,000
Budget estimate, fiscal year 2003..................... 4,221,000
Recommended in the bill............................... 3,251,000
Bill compared with:
Appropriation, fiscal year 2002................... -891,000
Budget Estimate, fiscal year 2003................. -970,000
MISSION
The Office of Policy Development supports the National
Economic Council and the Domestic Policy Council in carrying
out their responsibilities to advise and assist the President
in the formulation, coordination, and implementation of
economic and domestic policy. The Office of Policy Development
also provides support for other domestic policy development and
implementation activities, as directed by the President.
RECOMMENDATION
The Committee recommends an appropriation of $3,251,000 for
the Office of Policy Development, a decrease of $891,000 from
amounts appropriated in fiscal year 2002 and a decrease of
$970,000 from amounts requested by the President. The
Committee's recommendation transfers $970,000 to the Office of
Administration in support of a one-year pilot project to
centralize the procurement of certain common goods and
services.
National Security Council
SALARIES AND EXPENSES
Appropriation, fiscal year 2002 to date............... $7,494,000
Budget estimate, fiscal year 2003..................... 9,525,000
Recommended in the bill............................... 7,803,000
Bill compared with:
Appropriation, fiscal year 2002................... +309,000
Budget Estimate, fiscal year 2003................. -1,722,000
MISSION
The National Security Council advises the President on the
integration of domestic, foreign, and military policies
relating to national security.
RECOMMENDATION
The Committee recommends an appropriation of $7,803,000 for
the National Security Council, an increase of $309,000 from
amounts appropriated in fiscal year 2002 and a decrease of
$1,722,000 from amounts requested by the President. The
Committee's recommendation transfers $1,722,000 to the Office
of Administration in support of a one-year pilot project to
centralize the procurement of certain common goods and
services.
Office of Administration
SALARIES AND EXPENSES
Appropriation, fiscal year 2002 to date............... $96,995,000
Budget estimate, fiscal year 2003..................... 70,128,000
Recommended in the bill............................... 92,681,000
Bill compared with:
Appropriation, fiscal year 2002................... -4,314,000
Budget Estimate, fiscal year 2003................. +22,553,000
MISSION
The Office of Administration is responsible for providing
cost-effective, administrative services to the Executive Office
of the President. These services, defined by Executive Order
12028 of 1977, include financial, personnel, library and
records services, information management systems support, and
general office services.
RECOMMENDATION
The Committee recommends an appropriation of $92,681,000
for the Office of Administration, a decrease of $4,314,000 from
amounts appropriated in fiscal year 2002 and an increase of
$22,553,000 from amounts requested by the President. The
Committee's recommendation reflects savings from non-recurring
costs associated with the fiscal year 2002 emergency
supplemental appropriation. The recommended increase is
associated with the pilot project to centralize the procurement
of common goods and services and is offset from other Executive
Office of the President (EOP) appropriations, resulting in a
total appropriation for the EOP that is the same as the amount
requested by the President. As part of this appropriation, the
Committee includes $17,495,000 for the Capital Investment Plan,
including $720,000 for amounts associated with the pilot
project on centralized procurement efforts.
PILOT PROJECT ON CENTRALIZED PROCUREMENT OF COMMON GOODS AND SERVICES
The President proposed to consolidate 17 separate
appropriations accounts into one account for agencies under the
umbrella of the Executive Office of the President (EOP). The
Committee has not included the proposed account consolidation
in its fiscal year 2003 recommendation. However, the Committee
believes that there are merits to some of the underlying
justifications to such a consolidation, including enabling the
EOP to achieve economies of scale through centralized
procurement of certain common goods and services.
The Committee transfers funds from seven of the EOP
agencies to establish a one-year pilot project for centralized
procurement and management of information technology, rent,
printing and reproduction, supplies and materials and
equipment. Specifically, the Committee transfers $22,553,000
from the White House Office, the Office of Homeland Security,
the Office of the Vice President, the Office of Management and
Budget, the Office of Policy Development, the National Security
Council, and the Council of Economic Advisers to the Office of
Administration to establish a pilot project for these agencies.
The Committee has transferred the following amounts for each
agency:
TRANSFER BY OBJECT CLASS
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
Supplies
Account Rent Communications Printing Other and Equipment Total
& rep services materials
----------------------------------------------------------------------------------------------------------------
WHO............................... 5,392 1,551 316 619 570 572 9,020
OHS............................... ........ 54 40 54 535 100 783
OVP, S&E.......................... 637 112 5 26 54 72 906
OPD............................... 605 180 20 23 90 52 970
NSC............................... 1,310 88 10 44 164 106 1,722
CEA............................... 487 31 ........ 9 64 51 642
OMB............................... 6,431 439 51 111 690 788 8,510
-----------------------------------------------------------------------------
TOTAL....................... 14,862 2,455 442 886 2,167 1,741 22,553
----------------------------------------------------------------------------------------------------------------
Note.--Communications includes telecommunications and monthly cell phone service; Equipment includes cell
phones, IT desktops, copiers and faxes; Other Services includes Lexus, Quorum and Copier Maintenance.
The Committee has established this one-year pilot in order
to allow the Administration an opportunity to evaluate both the
costs and the benefits of centralized procurement authority.
While the Committee has not included all of the EOP agencies in
this pilot project, the Committee encourages the Office of
Administration to solicit the participation of these agencies.
The Committee also notes its strong belief that central
management will be successful only to the extent that there are
specific procurement standards established for each commodity
to be centralized.
The Committee expects that the Office of Administration
will achieve economies of scale using centralized procurement
practices. The Committee directs the Office of Administration
to identify these savings with the submission of the
President's fiscal year 2004 appropriations request. The
Committee will review these savings in conjunction with any
future requests to continue and/or modify this appropriations
transfer. The Committee further directs the Office of
Administration to submit a description of this pilot project,
including a description of the standards established for the
procurement of each commodity included in this project, no
later than December 1, 2002. Finally, the Committee directs the
Office of Administration, as part of the fiscal year 2004
appropriations request, to submit a summary of estimated versus
actual obligations by object class for each agency and each
commodity included under this pilot project, including those
obligations incurred by the Office of Administration.
CAPITAL INVESTMENT PLAN
For the past six years, the Committee has followed closely
the efforts of the Office of Administration to establish and
implement an information technology modernization effort within
the Executive Office of the President (EOP) and has withheld
funds from obligation pending certain critical steps that the
Committee believed were necessary to achieve a successful
information technology infrastructure within the EOP. As part
of the fiscal year 2002 appropriations cycle, the Committee
withheld funds pending the submission of a comprehensive report
on the status of the enterprise architecture, the capital
planning and investment control process, the capital investment
plan, and the IT human capital plan. The Committee has recently
received General Accounting Office's (GAO) review of this
report and is pleased with the GAO findings. The Committee
commends the Office of Administration and, in particular, the
Chief Information Officer, for the progress that has been made
on information technology within the EOP during fiscal year
2002.
The Committee has provided a total of $17,495,000 for the
Capital Investment Plan in fiscal year 2003. The Committee
believes that sufficient progress has been made to eliminate
the need to withhold funds for this project. However, the
Committee will continue to carefully monitor the EOP's
information technology efforts and has continued bill language
requiring the submission of annual updates of the enterprise
architecture, the IT capital planning and investment control
process and the IT Human Capital Plan. The Committee directs
that this report be submitted with the President's fiscal year
2004 budget. The Committee also continues the requirement that
the General Accounting Office review this report. The Committee
believes that GAO's Office of Information Technology
Architecture and Systems Issues has provided critical and
invaluable guidance in EOP's efforts and will continue to seek
its expertise as this project proceeds.
Office of Management and Budget
SALARIES AND EXPENSES
Appropriation, fiscal year 2020 to date............... $70,752,000
Budget estimate, fiscal year 2003..................... 70,752,000
Recommended in the bill............................... 61,492,000
Bill compared with:
Appropriation, fiscal year 2002................... -9,260,000
Budget Estimate, fiscal year 2003................. -9,260,000
MISSION
The Office of Management and Budget assists the President
in the discharge of budgetary, economic, management, and other
executive responsibilities.
RECOMMENDATION
The Committee recommends an appropriation of $61,492,000
for the Office of Management and Budget (OMB), a reduction of
$9,260,000 from amounts appropriated in fiscal year 2002 and
the amounts requested by the President. The Committee's
recommendation is consistent with the reductions taken to OMB
in the H.R. 4775, the House-passed supplemental appropriations
bill that reduced OMB's personnel expenses by $750,000 to
reflect duplication of effort with the Office of Homeland
Security. The Committee's recommendation also transfers
$8,510,000 to the Office of Administration in support of a one-
year pilot project to centralize the procurement of certain
common goods and services.
ANTI-DEFICIENCY VIOLATION
On June 22, 2002, the Speaker of the House of
Representatives and the Committee on Appropriations were
notified that funds provided for federal loan guarantees in the
Air Transportation Safety and System Stabilization Act were
apportioned by the Office of Management and Budget and
obligated by the Air Transportation Stabilization Board (ATSB)
in violation of the Anti-Deficiency Act. These funds were not
available for apportionment because, at the time of OMB's
execution of the apportionment, the emergency designation had
not been transmitted by the President to the Speaker of the
House of Representatives. The facts of this matter are
troubling and seem to indicate that the Office of Management
and Budget refuses to take responsibility for its own failure
in its fiduciary responsibilities in federal funds management
and has sought to shift the blame to the ATSB:
1. On December 28, 2001, the ATSB conditionally approved a
$429 million loan for America West airlines.
2. On January 18, 2002, OMB signed an apportionment
releasing $429 million in loan authority.
3. On January 18th, the Board obligated $172 million.
4. Nearly four months later, on May 16th, the Presidential
designation (through the Office of Management and Budget) of
the amounts as an emergency requirement pursuant to the
Balanced Budget and Deficit Control Act was referred to the
Committee on Appropriations. At that time, no indication was
given that such designation was untimely.
5. On May 20, 2002 the Committee on Appropriations formally
requested the Comptroller General of the General Accounting
Office to determine whether OMB had apportioned the funds in
violation of the Anti-Deficiency Act. At the same time, the
Committee informally asked OMB if a violation of the Act had
been committed.
6. On June 25, 2002, the ATSB reported a ``technical
violation'' of the Anti-Deficiency Act to the Speaker
implicating itself, the Department of the Treasury, and OMB.
The Committee believes that the Office of Management and
Budget (not a disinterested party) concluded that the ATSB
violated the Anti-Deficiency Act and insisted that the ATSB
report the violation. However, the Committee observes that the
ATSB obligated the funds only after OMB had previously
apportioned the funds to the ATSB, though the OMB had failed
first to submit to the President and the Congress a request to
make available contingent emergency funds for the program. The
ATSB simply obligated the funds for the program based upon the
apportionment that OMB had executed in violation of the law.
Therefore, the Committee believes that OMB is principally at
fault for the violation, not the ATSB. OMB was surely aware of
the anti-deficiency violation on May 15, 2002, when it
submitted the late emergency designation to the Congress. The
Committee is concerned that OMB did not acknowledge the
violation at that time. The Committee can only conclude that
OMB would not have acknowledged the anti-deficiency violation
if the Committee had not questioned the untimeliness of the
President's emergency designation. This inaction is
inappropriate for an Office that is charged with overseeing the
financial operations of the Federal Government. For these
reasons, the Committee directs the Office of Management and
Budget to transmit a letter to the Speaker of the House of
Representatives taking responsibility for the violation of the
Anti-Deficiency Act, as is required by section 1351 of title
31, not later than August 1, 2002.
STANDARDS AND BEST PRACTICES FOR FEDERAL IT PROCUREMENT
The Committee is aware that the Administration is working
with industry leaders to develop a new set of ``standards and
best practices'' for Federal information technology
procurement, which would include the building in of cyber-
security protections to software and hardware products. The
Committee encourages this type of initiative, especially for
providing uniform cyber-security across the government's
departments and agencies.
LIMITED ENGLISH PROFICIENCY
The report provided by the Administration to the Committee
regarding the total costs of implementing Executive Order
13166, Improving Access to Services for Persons with Limited
English Proficiency, failed to identify the costs of this
program. The Committee remains concerned about this program's
costs and directs that the Committee be provided a report, no
later than September 30, 2002, that identifies the cost, the
number of publications that have been translated, and the
number of languages that those publications have been
translated into under this program. This report shall also
include the status of OMB's progress in establishing a
government-wide central registry of all LEP compliance actions
undertaken by federal agencies.
OVERLAPPING CYBER-SECURITY INITIATIVES
The Committee is concerned about redundancies in developing
and implementing governmental cyber-security initiatives for
the protection of government information technology. The
Committee directs OMB to submit a report, within 90 days of
enactment of this Act, that details the cyber-security
initiatives undertaken by the various government departments
and agencies. This report shall include: total costs, as of the
date of the report, by department or agency for cyber-security,
an identification of those initiatives that are being shared
between departments or agencies, an identification of those
initiatives that respond to unique requirements, and an
identification of initiatives that satisfy requirements of more
than one department or agency yet are not being shared.
GOVERNMENT WEB SITES UNIFORMITY AND USER FRIENDLINESS
The Committee is concerned about the lack of uniformity of
standards and user friendliness that affect usability of the
various department and agency web sites. The Committee
encourages the adoption by the Administration of uniform
standards that can lead to more user friendly and usable
government web sites.
EISENHOWER EXECUTIVE OFFICE BUILDING (EEOB)
The EEOB, built in 1888, was declared a National Historic
Landmark in 1969. In fiscal year 1996, the Committee provided
$2,900,000 to initiate a concept design for the modernization
of this building; the concept documents were completed but full
design was not authorized. Additional funds were provided in
fiscal year 1999 to address life safety issues for fire and
smoke detection systems. Fiscal year 2002 emergency
supplemental funds of $27,209,000 were released by the
Administration to the General Services Administration (GSA) for
continued but poorly defined work associated with this project;
the Administration has requested $7,500,000 for the design of
necessary electrical upgrades in its fiscal year 2003 request
for GSA. The Committee has denied these funds, as discussed
under the GSA section of this report.
The Committee is aware of the current condition of the
Eisenhower Executive Office Building and the critical need to
design and complete a major multi-year repair and alteration
project with a total cost ranging from $350,000,000 to
$625,000,000. In addition to a significant deterioration of
basic infrastructure such as water infiltration, electrical
systems and heating and ventilating systems, the Committee is
aware of the additional security concerns that have arisen
since the events of September 11th and which have resulted in
the relocation of nearly 300 employees from the 17th Street
side of this building. The combination of critical
infrastructure deterioration and enhanced security requirements
make this project even more urgent than ever.
The Committee has made every attempt to obtain
comprehensive and accurate information on the status of design
work for this project; the Committee has been extremely
disappointed in general by the quality and quantity of
information provided by the Administration. The Committee has
found OMB's responses to its inquiries incomplete and
problematic.
The Committee supports all efforts to ensure the historical
and operational integrity of the EEOB but finds that, because
the Administration has been unable to answer simple questions
on the status of design work related to this project, any
funding to proceed is premature. The Committee has also
concluded that, to the detriment of the EEOB employees,
internal deliberations within the Administration have prevented
the development of a cohesive design strategy. The Committee
directs OMB to submit, no later than September 30, 2002, a
comprehensive design for this project, including all security
requirements necessary to return all relocated employees to the
17th Street side of the building. This design shall be prepared
in direct cooperation with the GSA and the EOP's Office of
Administration and shall include all design work necessary to
complete the multi-year repair and alteration project,
including all necessary cost estimates for each phase of the
project.
OMB/FAIR ACT
The Committee is encouraged by OMB's efforts towards
performance goals, expanded A-76 competitions and more accurate
FAIR Act inventories, but recognizes that even greater effort
is required. One aspect of this effort is to eliminate unfair
competition with the private sector by agencies that are
greatly benefited by use of public resources. OMB is encouraged
to identify and correct specific instances of unfair
competition, and to encourage agency heads to develop
Directives implementing the spirit of the FAIR Act and work
towards eliminating unfair government competition.
GOVERNMENT PRINTING
The Office of Management and Budget has recently proposed
disregarding the statutory requirement of Title 44, U.S. Code,
Section 501, that Executive-branch agencies produce or procure
their printing through the Government Printing Office. Previous
examinations of such proposals have questioned whether such a
policy could result in significant increases in the cost of
printing government-wide and could substantially impair public
access to government information through the Federal Depository
Library Program. OMB is directed to report to the Committees on
Appropriations within 30 days on how its proposal: (1) improves
economy and efficiency in federal printing; (2) improves public
access to government information; and (3) comports with the
concern that unless and until Title 44 is changed by a
constitutional process, Executive-branch officials responsible
for printing are legally bound to uphold it.
PAPERWORK REDUCTION
The Office of Management and Budget has reported that
paperwork burdens on Americans have increased in each of the
last six years. Since the Internal Revenue Service imposes over
80 percent of these paperwork burdens, the Committee believes
that OMB should work to identify and review proposed and
existing IRS paperwork.
Electronic Government Fund
Appropriation, fiscal year 2002 to date............... $5,000,000
Budget estimate, fiscal year 2003..................... 45,000,000
Recommended in the bill............................... 5,000,000
Bill compared with:
Appropriation, fiscal year 2002................... ................
Budget Estimate, fiscal year 2003................. -40,000,000
MISSION
The Electronic Government (E-Gov) Fund supports interagency
initiatives that utilize the Internet or other electronic
methods as a means to increase Federal government
accessibility, efficiency, and productivity.
RECOMMENDATION
The Committee recommends an appropriation of $5,000,000 for
the Electronic Government Fund, the same as the amounts
provided in fiscal year 2002 and $40,000,000 below the amounts
requested by the President. The account was previously funded
in the budget of the General Services Administration; the
account has been moved to more closely associate the funding
with the decision-making mechanism for these funds. The
Committee notes that the activities associated with the
account, including the expanded role of the Office of
Management and Budget in directly managing a program, remain
unauthorized and the need for the funding is poorly justified.
E-GOVERNMENT INITIATIVES
The Committee is concerned about the establishment of
government's proper role in providing digital services. The
Committee notes that, according to the President's budget, the
federal government's investment in information technology is
estimated to be $50 billion for fiscal year 2003 and rife with
inefficiencies and redundancies. While the Administration is to
be strongly encouraged to leverage related government business
processes to improve productivity, eliminate redundant systems,
and significantly improve the quality of government services,
its E-government plans must be carefully evaluated and
monitored to ensure that they do not support government
competition with market-based private providers of digital
services. The Committee is concerned that the rules steering
the government's relationships with the traditional bricks-and-
mortar economy are outdated and should not guide the provision
of digital services. Blind adherence to past practices can lead
to an ambiguous environment in which some federal agencies may
develop highly beneficial Internet initiatives, while others
create ventures that dangerously encroach on businesses already
served by private enterprise. The Committee is concerned that
the government needs a new blueprint for guiding e-government
initiatives.
The President's budget request for fiscal year 2003 and the
E-Government Task Force's strategy report briefly describe 24
E-Government initiatives that are expected to provide agencies
with significant productivity improvements. The Committee
directs that OMB provide within 90 days of enactment of this
Act a report that details the blueprint used by the Task Force
in its review and adoption of those initiatives; the process
used by the Task Force to consider, and adopt or reject E-
Government initiatives; the evaluations of those and other E-
Government initiatives that were already provided for, or were
requested by an agency or from the private sector; the reviews
undertook by the Task Force for establishing and deciding which
digital activities and services are inherently governmental and
should be pursued as an E-Government initiative and which are
non-governmental and therefore fall under private provider's
domain; and the support and guidance from the private sector
used by the Task Force in its work.
Election Administration Reform and Related Expenses
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2002 to date............... ................
Budget estimate, fiscal year 2003..................... ................
Recommended in the bill............................... $200,000,000
Bill compared with:
Appropriation, fiscal year 2002................... +200,000,000
Budget Estimate, fiscal year 2003................. +200,000,000
MISSION
This account is established as a mechanism to implement the
provisions of pending authorizing legislation to establish
election administration reform. This account shall be used to
transfer funds to those federal entities that may be authorized
by such legislation.
RECOMMENDATION
The Committee has included $200,000,000 for the
requirements of implementing election administration reform and
related expenses and makes these funds available subject to
authorization. The Committee's recommendation is identical to
language that was included in H.R. 4775, the pending fiscal
year 2002 supplemental appropriations, for election
administration reform which requires the Director of the Office
of Management and Budget (OMB) to transfer the funds
appropriated, upon enactment of legislation improving the
administration of elections, to the Federal entities specified
by that legislation, for the purposes designated, and the
amounts specified. The Committee notes that H.R. 4775 includes
$450,000,000 for this account in fiscal year 2002.
H.R. 3295, the Help America Vote Act of 2001, authorizes
appropriations for states to upgrade and replace voting systems
with optical scan or electronic voting equipment on a statewide
basis. H.R. 3295 does not, however, take into account those
states that had upgraded or replaced their voting systems prior
to the November 2000 election. The Committee has included new
language to rectify this disparity by providing authorization
and appropriations for one-time payments to those states that
obtained optical scan or electronic voting equipment prior to
the regularly scheduled general election for Federal office
held in November 2000. It is the Committee's understanding that
this provision affects five states with a total estimated cost
of approximately $23,000,000.
Office of National Drug Control Policy
SALARIES AND EXPENSES
Appropriation, fiscal year 2002 to date............... $25,263,000
Budget estimate, fiscal year 2003..................... 25,458,000
Recommended in the bill............................... 24,458,000
Bill compared with:
Appropriation, fiscal year 2002................... -805,000
Budget Estimate, fiscal year 2003................. -1,000,000
MISSION
The Office of National Drug Control Policy, established by
the Anti-Drug Abuse Act of 1988, is charged with developing
policies, objectives and priorities for the National Drug
Control Program as defined by the Act and Executive Order
12880, and by the Office of National Drug Control Policy
Reauthorization Act of 1998.
RECOMMENDATION
The Committee recommends an appropriation of $24,458,000
for the Office of National Drug Control Policy (ONDCP), a
decrease of $805,000 below the fiscal year 2002 enacted level
and $1,000,000 below the President's request. The Committee has
included bill language withholding $5,000,000 of these funds
until certain actions are taken by the Director of ONDCP
regarding the High Intensity Drug Trafficking Areas (HIDTA)
program, as discussed in the HIDTA section of this report.
The Committee is extremely concerned by the growth in
ONDCP's bureaucracy, particularly in the upper management
levels, and believes that ONDCP's salaries and expenses
appropriation should be used to support front line activities
and not the back office. The Committee therefore directs that
no reductions be taken from amounts proposed in the President's
request for salaries and expenses for the administration of the
Counterdrug Technology Assessment Center, the HIDTA program, or
the programs funded through the Special Forfeiture Fund. The
Committee further directs ONDCP to submit, within 60 days of
the enactment of this Act, an organizational chart for ONDCP, a
position description for each position funded in this Act, and
a revised object class analysis indicating where the
Committee's reductions to this account have been applied.
NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS
The Committee includes $1,000,000 for the National Alliance
for Model State Drug Laws (NAMSDL). The Committee is concerned
about ONDCP's lack of cooperation with NAMSDL in fulfilling its
primary purpose of holding model state drug law conferences in
all fifty states. The Committee directs ONDCP to report on its
strategy for the model state drug laws program no later than 60
days after enactment of this Act.
FEDERAL COUNTERDRUG EFFORTS IN RURAL AREAS
The Committee is aware that rural areas face a significant
but frequently overlooked illicit drug abuse problem. The
Committee is concerned that although drug use rates by high
school seniors in rural areas exceed large urban areas, rural
areas often lack adequate drug intervention, prevention, and
treatment resources relative to their urban counterparts. The
Committee therefore directs ONDCP to report to the Committee on
a comparison of Federal counterdrug program activities and
expenditures in rural and urban areas.
Counterdrug Technology Assessment Center
Appropriation, fiscal year 2002 to date............... $42,300,000
Budget estimate, fiscal year 2003..................... 40,000,000
Recommended in the bill............................... 55,800,000
Bill compared with:
Appropriation, fiscal year 2002................... +13,500,000
Budget Estimate, fiscal year 2003................. +15,800,000
MISSION
Pursuant to the Office of National Drug Control Policy
Reauthorization Act of 1998 (title VII of Division C of Public
Law 105-277), the Counterdrug Technology Assessment Center
serves as the central counterdrug research and development
organization for the United States Government.
RECOMMENDATION
The Committee recommends an appropriation of $55,800,000
for the Counterdrug Technology Assessment Center, $13,500,000
above the fiscal year 2002 enacted level and $15,800,000 above
the President's request. Included in the appropriation are
$26,064,000 for counternarcotics Technology Research and
Development, and $29,736,000 for the Technology Transfer
Program. The Committee has included continued funding for
neuroimaging studies and genomic research into the relationship
between genetic predisposition and environmental factors
bearing upon drug addiction in the amount for counternarcotics
Technology Research and Development.
Federal Drug Control Programs
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
Appropriation, fiscal year 2002 to date............... $226,350,000
Budget estimate, fiscal year 2003..................... 206,350,000
Recommended in the bill............................... 246,350,000
Bill compared with:
Appropriation, fiscal year 2002................... +20,000,000
Budget Estimate, fiscal year 2003................. +40,000,000
MISSION
The High Intensity Drug Trafficking Areas (HIDTA) Program
was established by the Director of ONDCP pursuant to section
1005 of the Anti-Drug Abuse Act of 1988, and now as
reauthorized by section 707 of the Office of National Drug
Control Policy Act of 1998 to provide assistance to Federal and
State and local law enforcement entities operating in those
areas most adversely affected by drug trafficking.
RECOMMENDATION
The Committee recommends an appropriation of $246,350,000
for the High Intensity Drug Trafficking Areas Program, an
increase of $20,000,000 above the fiscal year 2002 enacted
level and an increase of $40,000,000 above the President's
request. The increase above the President's request is to meet
requirements to fully fund existing HIDTA program activity, to
expand existing HIDTAs where such expansion is justified, and
to fund new HIDTAs as appropriate. The Committee provides that
HIDTAs existing in fiscal year 2002 shall receive funding equal
to the FY 2002 level. This level includes all direct
allocations to designated HIDTAs.
The Committee supports a vigorous HIDTA program and is
aware of areas facing increased drug trafficking that may be
appropriate candidates for designation as a HIDTA, inclusion in
an existing HIDTA, or increased funding. As ONDCP reviews
candidates for new HIDTA funding, the Committee recommends that
it consider the following: expansion of the North Texas HIDTA
to include Oklahoma counties; expansion of the Northwest HIDTA
to include counties of southwestern and eastern Washington;
expansion of the Gulf Coast HIDTA to include Saint Charles
Parish, Louisiana; an increase in funding for Arizona and West
Texas in the Southwest Border HIDTA; and increased funding for
the Chicago, Central Florida, Central Valley, Gulf Coast, Lake
County Appalachia, and Midwest HIDTAs. The Committee recognizes
the strong pressure to add new HIDTAs and expand those
currently existing, and underscores the need for performance
based management ensuring that HIDTAs demonstrating performance
and need are provided adequate resources. The Committee is
nevertheless very concerned about ONDCP's lack of response to
the Committee's concerns regarding the HIDTA program. The
Committee provided increased HIDTA funding in the fiscal year
2002 appropriation with directions to expand HIDTAs. The
Committee is gravely disappointed to learn that rather than
actively exploring opportunities to expand HIDTAs per the
directions of the Committee, ONDCP passively waited for
eligible counties to contact ONDCP, which resulted in an
effective non-response to the Committee's directions. The
Committee directs ONDCP to initiate contact with possible
candidate counties for their inclusion in HIDTA expansions as
identified in this report, and to report to the Committee on
this contact no later than December 1, 2002.
HIDTA PERFORMANCE MANAGEMENT AND HIGH PRIORITY TARGETING
Performance measures for HIDTAs have been, and continue to
be, an area of focus for the Committee. The ability to match
funding needs against budgets depends on reliable and
consistent methodology for performance measurement and
management. The Committee is concerned about the lack of
progress on the development of such measures and their
integration with HIDTA management and budgeting. The Committee
has therefore included bill language stipulating that
$5,000,000 of fiscal year 2003 funds for the ONDCP Salaries and
Expenses shall not be obligated until the Director submits
performance measures of effectiveness (PMEs) for the HIDTA
program to the Committee. The Committee has also included
language requiring that the fiscal year 2004 budget submission
for the HIDTA program must be supported by PMEs data, including
supporting justifications for each individual HIDTA and an
optimal spending allocation based on PMEs.
The Committee is aware that ONDCP has allocated fiscal year
2002 funds to establish a HIDTA National Priority Targeting
Project administered by the National HIDTA Assistance Center
(NHAC). It is the Committee's understanding that this project
will make funds available to HIDTAs that develop and conduct
investigations against major drug trafficking organizations
affiliated with National Priority Targets and meeting other
project criteria. The Committee expects that this new project
will be consistent with performance measurement and management
goals. The Committee directs ONDCP to report to the Committee
no later than September 30, 2002 on how NHAC has allocated its
fiscal year 2002 funds, as well as the rationale for the
allocation, National Priority Targets, and other priority
targeting criteria developed under the project.
Special Forfeiture Fund
Appropriation, fiscal year 2002 to date............... $239,400,000
Budget estimate, fiscal year 2003..................... 251,300,000
Recommended in the bill............................... 240,800,000
Bill compared with:
Appropriation, fiscal year 2002................... +1,400,000
Budget Estimate, fiscal year 2003................. -10,500,000
MISSION
The Special Forfeiture Fund was established by the Anti-
Drug Abuse Act of 1988, as amended, to be administered by the
Director of the Office of National Drug Control Policy. While
the fund was originally authorized to receive deposits from the
Department of Justice Assets Forfeiture Fund and the Treasury
Forfeiture Fund, its current source of funding is direct
appropriations.
RECOMMENDATION
The Committee recommends an appropriation of $240,800,000
for the Special Forfeiture Fund, an increase of $1,400,000
above the fiscal year 2002 enacted level and a decrease of
$10,500,000 from the President's request. The recommended
appropriation includes $170,000,000 for the National Youth
Anti-Drug Media Campaign, $60,000,000 for the Drug Free
Communities Support Program, $6,000,000 for the Counterdrug
Intelligence Executive Secretariat, $2,000,000 for Performance
Measures Development, $1,000,000 for the US Anti-Doping Agency,
$1,000,000 for the National Drug Court Institute, and $800,000
for dues to the World Anti-Doping Agency. The decrease from the
President's request is partially a result of the Committee's
decision to continue funding the National Alliance for Model
State Drug Laws through the ONDCP Salaries and Expenses
account, rather than through the Special Forfeiture Fund as
requested by the President.
NATIONAL YOUTH ANTI-DRUG MEDIA CAMPAIGN
The Committee is deeply concerned about the effectiveness
of the National Youth Anti-Drug Media Campaign (NYADMC), for
which Congress has appropriated nearly $930,000,000 to date.
The Committee believes that the ultimate purpose of NYADMC is
to reduce drug abuse among youth, and it is on this basis that
NYADMC should be judged. The most recent report on the
evaluation of NYADMC currently being conducted under the
auspices of the National Institute on Drug Abuse indicates
that, to date, there is no evidence that NYADMC is having the
intended effect on youth drug use. It is the Committee's
understanding that the evaluation is incomplete, having
collected only two-fifths of the potential data, and that it
will be completed sometime in late 2003. The Committee believes
that this evaluation is scientifically rigorous and expects to
make future funding decisions on NYADMC based upon its results.
The Committee expects to see concrete evidence of a clear and
statistically significant decline in youth drug use as a direct
impact of NYADMC in order to justify future appropriations for
this program. The Committee is also concerned that too small a
proportion of NYADMC funds are being spent on the actual
purchase of airtime and other media space, and therefore the
Committee includes language stipulating that no less than
$150,000,000 of NYADMC funds shall be used for media buys.
Unanticipated Needs
Appropriation, fiscal year 2002 to date............... $1,000,000
Budget estimate, fiscal year 2003..................... 1,000,000
Recommended in the bill............................... 1,000,000
Bill compared with:
Appropriation, fiscal year 2002................... ................
Budget Estimate, fiscal year 2003................. ................
MISSION
These funds enable the President to meet unanticipated
exigencies in support of the national interest, security or
defense.
RECOMMENDATION
The Committee recommends an appropriation of $1,000,000,
the same as the amount appropriated in fiscal year 2002 and the
same as the amount requested by the President.
TITLE IV--INDEPENDENT AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
SALARIES AND EXPENSES
Appropriation, fiscal year 2002 to date............... $4,629,000
Budget estimate, fiscal year 2003..................... 4,629,000
Recommended in the bill............................... 4,629,000
Bill compared with:
Appropriation, fiscal year 2002................... ................
Budget Estimate, fiscal year 2003................. ................
MISSION
The Committee for Purchase From People Who Are Blind or
Severely Disabled was established by the Wagner-O'Day Act of
1938, as amended. Its primary objective is to increase the
employment opportunities for people who are blind or have other
severe disabilities and, whenever possible, to prepare them to
engage in competitive employment.
RECOMMENDATION
The Committee recommends an appropriation of $4,629,000 for
the Committee for Purchase From People Who Are Blind or
Severely Disabled, an amount equal to both the fiscal year 2002
enacted level and the President's request.
Federal Election Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2002 to date............... $43,689,000
Budget estimate, fiscal year 2003..................... 45,244,000
Recommended in the bill............................... 49,426,000
Bill compared with:
Appropriation, fiscal year 2002................... +5,737,000
Budget Estimate, fiscal year 2003................. +4,182,000
MISSION
The Commission administers the disclosure of campaign
finance information, enforces limitations on contributions and
expenditures, supervises the public funding of Presidential
elections, and performs other tasks related to Federal
elections.
RECOMMENDATION
The Committee recommends an appropriation of $49,426,000
for the Federal Election Commission (FEC), an increase of
$5,737,000 from amounts appropriated in fiscal year 2002 and an
increase of $4,182,000 above amounts requested by the
President. This increase includes $1,539,000 to maintain
current services. The increase also includes $4,198,000 to
implement the Bipartisan Campaign Reform Act (BCRA) (P.L. 107-
155) signed by the President on March 27, 2002. This amount is
a decrease of $1,168,200 from the request of $5,366,200
submitted by the FEC, a concurrent submission agency, as a
budget amendment on April 23. The Committee notes that $750,000
for BCRA is recommended in H.R. 4775 making supplemental
appropriations for fiscal year 2002.
Federal Labor Relations Authority
SALARIES AND EXPENSES
Appropriation, fiscal year 2001 to date............... $26,524,000
Budget estimate, fiscal year 2002..................... 28,684,000
Recommended in the bill............................... 28,677,000
Bill compared with:
Appropriation, fiscal year 2002................... +2,153,000
Budget Estimate, fiscal year 2003................. -7,000
MISSION
The Federal Labor Relations Authority (FLRA), established
by the Civil Service Reform Act of 1978, serves as a neutral
party in the settlement of disputes that arise between unions,
employees, and agencies on matters outlined in the Federal
Service Labor Management Relations statute, decides major
policy issues, prescribes regulations, and disseminates
information appropriate to the needs of agencies, labor
organizations, and the public. Establishment of the FLRA gives
full recognition to the role of the Federal Government as an
employer. Pursuant to the Foreign Service Act of 1980, FLRA
also supports the Foreign Service Impasse Disputes Panel and
the Foreign Service Labor Relations Board.
RECOMMENDATION
The Committee recommends an appropriation of $28,677,000
for the Federal Labor Relations Authority (FLRA), an increase
of $2,153,000 above the amount appropriated in fiscal year 2002
and a decrease of $7,000 from the President's request. The
decrease from the President's request is for costs associated
with the President's pending proposal to integrate the benefits
and administrative costs of the Federal Employees Compensation
Act (FECA) which, to date, has not been enacted.
General Services Administration
FEDERAL BUILDINGS FUND
Appropriation:
Appropriation, fiscal year 2002 to date........... $410,912,000
Budget estimate, fiscal year 2003................. 276,400,000
Recommended in the bill............................... 325,711,000
Bill compared with:
Appropriation, fiscal year 2002................... -85,201,000
Budget Estimate, fiscal year 2003................. +49,311,000
Limitations on Availability of Revenue (not an
appropriation):
Limitation on availability, fiscal year 2002 6,575,294,000
enacted to date......................................
Limitation on availability, budget estimate, 6,919,619,000
fiscal year 2003.....................................
Recommended in the bill........................... 6,961,930,000
Bill compared with:
Availability limitation, fiscal year 2002 enacted +386,636,000
to date..............................................
Availability limitation, fiscal year 2003 estimate +42,311,000
MISSION
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 Appropriations 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. The Committee may also appropriate
funds into the FBF as a way of covering the difference between
the total revenues coming into the FBF and the total limitation
on the expenditure from the FBF.
RECOMMENDATION
The Committee recommends a direct appropriation of
$325,711,000 into the Federal Buildings Fund, a decrease of
$85,201,000 below the fiscal year 2002 enacted level and an
increase of $49,311,000 above the President's request.
Construction and Acquisition
Limitations on Availability of Revenue (not an
appropriation):
Limitation on availability, fiscal year 2002 enacted $662,680,000
to date..............................................
Limitation on availability, budget estimate, fiscal 556,574,000
year 2003............................................
Recommended in the bill........................... 646,385,000
Bill compared with:
Availability limitation, fiscal year 2002 enacted -16,295,000
to date..............................................
Availability limitation, fiscal year 2003 estimate +89,811,000
RECOMMENDATION
The Committee recommends a limitation of $646,385,000 for
construction and acquisition, a decrease of $16,295,000 below
the fiscal year 2002 enacted level and an increase of
$89,811,000 above the President's request. Increases above the
President's request include $49,311,000 for constructing a new
courthouse in Cape Girardeau, Missouri, $5,000,000 for the
Champlain border station in New York, and $40,000,000 for the
FDA consolidation project. Decreases below the President's
request include $2,500,000 for remediation of the southeast
federal center and $2,000,000 for non-prospectus construction.
ORLANDO, FLORIDA, COURTHOUSE
A new courthouse in Orlando, Florida, is now the highest
unfunded priority of the courts and the General Services
Administration's (GSA) courthouse program. The Committee fully
understands the importance of this project and provided
$4,000,000 for fiscal year 2002 in order to ensure that
appropriate design work was completed in a timely fashion. The
Committee is very disappointed that the President's request did
not include funding for this project and that this bill was
unable to meet the courthouse construction needs of Orlando,
Florida. The Committee will carefully watch for opportunities
to meet the funding requirements for this project, which is one
of the Committee's highest priorities, as the annual
appropriations process proceeds.
BORDER STATION CONSTRUCTION
The Committee has had long-standing concerns about the
condition and infrastructure needs of the ports of entry along
U.S. land borders. A Committee-requested report completed in
June 2000 by the U.S. Customs Service, in consultation with
GSA, identified almost $800 million in unmet infrastructure
needs at these land-based ports of entry. For fiscal year 2003,
the President's request includes $27,366,000 in GSA's budget
for new construction at border stations. The heightened
security concerns, technology advancements, and personnel
requirements that have been identified since the terrorist acts
of September 11, 2001, bring into question the sufficiency of
the requested border station construction projects and whether
the designs for current and planned projects adequately meet
all of the new physical space configuration and alignment
needs. The Committee directs GSA to review all ongoing and
planned border station projects to ensure that all
requirements, particularly those recently identified, will be
met. The Committee is aware that the Customs Service is
evaluating the costs and benefits associated with applying a
``reverse inspection'' pilot project along the northern border
and directs GSA to work closely with the Customs Service in its
deliberations as it specifically relates to infrastructure
requirements of a ``reverse inspection'' pilot project as well
as enhanced security measures along the Northern Border
including, but not limited to, technology and staffing. The
Committee is also aware of the strong potential for new border
station needs at Fabens, Texas, associated with anticipated new
bridge construction and directs GSA to stay abreast of the
situation and to work with the involved agencies to ensure that
all Federal needs are appropriately prioritized and
incorporated into GSA's construction plans.
COURTHOUSE CONSTRUCTION
The Committee remains concerned about the costs associated
with courthouse construction. GSA recently completed a thorough
study that compared state and federal courthouse construction
costs. This study concludes that federal projects typically
were 10 to 15 percent more expensive than comparable state
projects and took on average a year longer to complete. Much of
the cost differential between state and federal projects was
attributable to higher levels of security required in federal
projects and a greater durability in materials, which should
lead to long-term savings from reduced maintenance costs.
Another factor contributing to increased federal costs was
federal mandates involved in construction procurement. A
portion of the difference also resulted from significant
differences in courthouse space standards as defined for
federal courthouses by the US Courts Design Guide. The
Committee notes that the area per courtroom (including judge's
chambers and suites) averaged almost twice the size of state
courtroom areas and suggests that this difference should be
carefully evaluated. Additionally, federal projects took an
average of one year more to plan, design and construct than did
state projects; this time difference should be looked at for
ways in which the construction process can be streamlined. The
Committee also notes a difference in the funding amount
included in the President's request for courthouse construction
and the funding amount included in prospectuses submitted by
the Administration to Congress for authorization. It is the
intent of the Committee to appropriate project funds at the
authorized project levels and to make whatever adjustments are
necessary on a project basis to obtain this result as it
proceeds.
CHATTANOOGA, TN, COURTHOUSE
The Committee is acutely aware of the needs for a new
courthouse and for renovating the current building, the Solomon
Courthouse, in Chattanooga, Tennessee. The Committee directs
GSA to proceed with its discussions with the city to find the
most suitable site for the new courthouse to contain the U.S.
District Court, the U.S. Attorney's Office, the U.S. Marshals
Service, the U.S. Probation Office and Pretrial Services. The
Committee is very concerned that determination and acquisition
of the site proceed as quickly as possible and directs GSA to
continue its evaluation and discussion process with the city
with all due speed. As plans for the new courthouse progress,
the Committee directs GSA to begin any necessary preliminary
studies and plans for renovating the existing courthouse so it
can serve the needs of the U.S. Bankruptcy Court.
MIAMI, FLORIDA, COURTHOUSE
The Committee directs the General Services Administration
to make every effort to include minority contractors, vendors,
and employees in every phase of the design, construction, and
operation of the new courthouse to be constructed in Miami,
Florida. The Committee further directs the General Services
Administration to provide a report by February 1, 2003, on its
plans for achieving this essential objective and its progress
to date.
GREEN BAY, WISCONSIN, COURTHOUSE
The Committee is aware of the courthouse needs of
northeastern Wisconsin. GSA recently determined that it will be
significantly more cost effective to build a court facility in
Green Bay rather than lease space, and a location for the
courthouse has been selected. The Committee expects this
project will soon be added to the Five-Year Plan of the
Judicial Conference of the United States and looks forward to
seeing its needs appropriately reflected in future GSA budget
submissions for courthouse construction.
Repairs and Alterations
Limitations on Availability of Revenue (not an
appropriation):
Limitation on availability, fiscal year 2002 $869,376,000
enacted to date......................................
Limitation on availability, budget estimate, 986,029,000
fiscal year 2003.....................................
Recommended in the bill........................... 978,529,000
Bill compared with
Availability limitation, fiscal year 2002 enacted +109,153,000
to date..............................................
Availability limitation, fiscal year 2003 estimate -7,500,000
RECOMMENDATION
The Committee recommends a limitation of $978,529,000 for
repairs and alterations, an increase of $109,153,000 above the
fiscal year 2002 enacted level and a decrease of $7,500,000
below the President's request. The decrease below the
President's request is for a design project for repair of the
Eisenhower Executive Office Building.
EISENHOWER EXECUTIVE OFFICE BUILDING
The Committee is keenly aware of the deplorable condition
of the Eisenhower Executive Office Building and the critical
need to move forward on a major multi-year repair and
alteration project for this property. In addition, about one-
quarter of this building was vacated after September 11, 2001,
due to security concerns.
The Committee is also aware that the Administration has not
finalized its thoughts on the total scope of work for this
project. It is the only design project included in the
Administration's fiscal year 2003 request for funding and
prospectus approval for which total project costs have not been
estimated. The design funds sought by the Administration for
fiscal year 2003 are related only to the replacement of the
building's primary electric service; no project cost estimation
for even this portion of the modernization effort has been
provided.
On March 20, 2002, the Committee was informed that the
Administration was releasing $27,209,000 of funds appropriated
through fiscal year 2002 emergency supplemental appropriations
for security upgrades to this building to allow re-occupancy of
the vacated section. The Committee is disappointed with
information provided by the Office of Management and Budget
(OMB) and GSA on the use of these funds. The Administration has
yet to determine how these funds will be used, what specific
work will be accomplished, when this work would be started or
completed, or whether this security upgrade funding is
sufficient to allow any part of the vacated space to be re-
occupied.
The Committee is very concerned with the lack of clear,
consistent, and timely decision-making by this Administration
on this project. The Committee believes that the current lack
of progress on planning the entire modernization effort does a
serious disservice to the Administration and the affected
personnel. The Committee notes that this is an historic
structure and believes that repairs to this building are
necessary in order to ensure its integrity as well as the
safety of the employees who work there. The Committee expects
the Administration to give this project the priority attention
it deserves. Until the Committee is confident that the
Administration has made a final decision regarding this
modernization project, the Committee believes it would be
premature and inappropriate to fund incomplete design efforts
in a piecemeal fashion. Additional concerns related to this
project are addressed in the OMB section of this report.
BASIC REPAIRS AND ALTERATIONS
The Committee is strongly aware of the backlog needs for
repairs and alterations of the federal inventory of buildings
managed by GSA. GSA reported that the repairs and workload
inventory was about $5.8 billion as of February 10, 2002, that
it would take 5 to 7 years at current funding levels to reduce
the backlog to a sustainable operational level, and that the
average age of buildings in the inventory exceeds 50 years. At
the same time, GSA has indicated that more than 55 percent of
the buildings with identified repair and alteration work items
in its inventory (657 buildings out of 1162) have repair needs
of $1,000,000 or less. These work items are below the level
requiring a prospectus and are generally funded out of the
basic repairs and alterations program. The Committee is
supportive of maintaining sufficient levels of funding for this
activity such that relatively small repair needs can be met
before the problems grow and require more extensive and
expensive solutions and has provided the level requested in the
budget, $367,340,000, for this purpose.
The Committee is also aware of specific instances in which
basic repairs and alterations requirements for certain
buildings have not been adequately addressed. One such case is
the Max Rosenn U.S. Courthouse in Wilkes-Barre, Pennsylvania;
the Committee directs GSA to spend $300,000 for meeting the
security and other needs of this property if requested by the
U.S. Marshals Service.
In several other cases, buildings with modest repair needs
have been identified for potential disposal due to changes in
federal space requirements. The Committee believes that such
properties, even if they house a reduced number of federal
tenants and are not currently economical, deserve appropriate
levels of basic repairs and alterations funding until such a
time that they are disposed of and other space is provided for
the federal tenants. The Committee directs GSA to spend
$250,000 to provide for the most pressing repair needs of the
historic Morton federal building in Cookeville, Tennessee,
prior to its disposal. The Committee also directs GSA to spend
$1,000,000 to provide for the most pressing repair needs of the
Federal Bankruptcy Court facilities in the Bow Federal Building
in Canton, Ohio prior to its disposal.
Installment Acquisition Payments
Limitations on Availability of Revenue (not an
appropriation):
Limitation on availability, fiscal year 2002 to $186,427,000
date.................................................
Limitation on availability, budget estimate, 178,960,000
fiscal year 2003.....................................
Recommended in the bill........................... 178,960,000
Bill compared with:
Availability limitation, fiscal year 2002 to date. -7,467,000
Availability limitation, fiscal year 2003 estimate ................
RECOMMENDATION
The Committee recommends a limitation of $178,960,000 for
installation acquisition payments, a decrease of $7,467,000
below the fiscal year 2002 enacted level and the same as the
President's request.
Rental of Space
Limitations on Availability of Revenue (not an
appropriation):
Limitation on availability, fiscal year 2002 to $2,952,050,000
date.................................................
Limitation on availability, budget estimate, 3,153,211,000
fiscal year 2003.....................................
Recommended in the bill........................... 3,153,211,000
Bill compared with:
Availability limitation, fiscal year 2002 to date. +201,161,000
Availability limitation, fiscal year 2003 estimate ................
RECOMMENDATION
The Committee recommends a limitation of $3,153,211,000 for
rental of space, an increase of $201,161,000 above the fiscal
year 2002 enacted level and the same as the President's
request.
NATIONAL CENTER FOR ENVIRONMENTAL PREDICTION
The Committee is aware that GSA is working with the
National Oceanic and Atmospheric Administration on a
replacement lease prospectus for the National Center for
Environmental Prediction currently located in Camp Springs,
Maryland. The Committee expects that the lease prospectus will
be submitted to the Transportation and Infrastructure Committee
no later than 30 days following GSA's submission to the Office
of Management and Budget. As this project matures, the
Committee directs GSA to explore potential economies of scale
associated with the ongoing Food and Drug Administration
consolidation in White Oak, Maryland.
Building Operations
Limitations on Availability of Revenue (not an
appropriation):
Limitation on availability, fiscal year 2002 to $1,832,761,000
date.................................................
Limitation on availability, budget estimate, 1,965,160,000
fiscal year 2003.....................................
Recommended in the bill........................... 1,925,160,000
Bill compared with:
Availability limitation, fiscal year 2002 to date. +92,399,000
Availability limitation, fiscal year 2003 estimate -40,000,000
RECOMMENDATION
The Committee recommends a limitation of $1,925,160,000 for
building operations, an increase of $92,399,000 above the
fiscal year 2002 enacted level and a decrease of $40,000,000
below the President's request.
GEOTHERMAL HEAT PUMPS
The Committee firmly believes that geothermal heat pumps
can provide a significant economic benefit to a wide variety of
major GSA construction and repair projects and may lead to a
substantial reduction in the use of fossil energy resources.
GSA has signed a memorandum of understanding with the
Geothermal Heat Pump Consortium, Inc., and is exploring the
feasibility and cost-effectiveness of geothermal technology for
a few projects. The Committee encourages GSA to more
aggressively consider and evaluate geothermal energy technology
in its development plans for all major new projects.
PUBLIC SERVICE RECOGNITION WEEK
The Committee recognizes that Public Service Recognition
Week, a program of the Public Employees Roundtable, has
educated America about the value of the career workforce, which
carries out the daily operations of government. This program,
which has existed for over 10 years, plays an important role in
educating our nation's youth by providing them with timely
information about their government. The Committee urges the
General Services Administration to support the mission of the
Public Employees Roundtable and provides $100,000 in
administrative and logistical assistance to Public Service
Recognition Week activities, the same level as was provided for
fiscal year 2002.
WINDOW AND CABLE STANDARDS
The Committee urges GSA to carefully review its facility
standards with respect to security requirements and upgrade
them appropriately to incorporate not only newly recognized
risks but also newly developed technologies. The Committee is
aware that new types and classes of materials for glass windows
and data cables can help mitigate dangers, reduce injuries, and
lessen structural damage. The Committee believes these
materials should be considered for use in new construction
projects as well as in current buildings as appropriate.
RISKS TO BUILDING WATER SUPPLIES
The maintenance of secure working environments for
government employees and the assurance of the continuation of
ongoing critical governmental operations are important GSA
goals. The Committee encourages GSA to work with appropriate
groups in assessing the risk of contamination of the water
supply for federal facilities by covert introduction of
chemical, biological, or radiological elements subsequent to
the treatment of the water at a water treatment facility. If
such risks are significant, the Committee urges GSA to evaluate
the costs and benefits of options for providing effective
security for water entering federal facilities, such as the
installation of commercially available water purification
systems.
BOW BUILDING, CANTON, OHIO
The Committee strongly encourages the GSA to move forward
with the ongoing discussions with representatives of the City
of Canton, Ohio, on the property exchange involving the Frank
T. Bow Federal Building for an adjacent City-owned site with
the goal of finding suitable housing for federal tenants in the
Canton area, which includes the option of building a new
federal building.
USGS COASTAL AND MARINE FACILITY
The Committee directs GSA to work closely with the United
States Geological Survey, the University of California at Santa
Cruz, and all other interested parties regarding the plans to
establish a Pacific Science Center in Santa Cruz, California.
The Committee expects GSA to fully assist the USGS in
evaluating and planning for its facility needs in the region,
including the use, if appropriate, of resources from the
Federal Buildings Fund to assist in the development, planning,
design, environmental reviews, and other related costs
associated with the USGS Pacific Science Center.
Policy and Operations
Appropriation, fiscal year 2002 to date............... $143,139,000
Budget estimate, fiscal year 2003..................... ................
Recommended in the bill............................... ................
Bill compared with:
Appropriation, fiscal year 2002................... -143,139,000
Budget Estimate, fiscal year 2003................. ................
MISSION
This appropriations account provides for Government-wide
policy, planning, and oversight associated with real and
personal property asset management, supplies, information
technology, electronic commerce, transportation and travel
management, acquisition, and Federal advisory committees
management. In addition, this activity provides for the
internal policy, management, oversight, and coordination of all
GSA programs.
RECOMMENDATION
The Committee recommends no appropriation for Policy and
Operations, a decrease of $143,139,000 below the fiscal year
2002 enacted level and the same as the President's request. The
Committee notes that the mission and functions of this account
are being proposed for two new accounts, ``Policy and Citizen
Services'' and ``Operating Expenses''.
Policy and Citizen Services
Appropriation, fiscal year 2002 to date............... ................
Budget estimate, fiscal year 2003..................... $65,995,000
Recommended in the bill............................... 65,995,000
Bill compared with:
Appropriation, fiscal year 2002................... +65,995,000
Budget Estimate, fiscal year 2003................. ................
MISSION
This appropriations account provides for Government-wide
policy and evaluation activities associated with the management
of real and personal property assets and certain administrative
services; Government-wide policy support responsibilities
relating to acquisition, telecommunications, information
technology management, and related technology activities;
providing Internet access to Federal information and services;
and services as authorized by 5 U.S.C. 3109.
RECOMMENDATION
The Committee recommends an appropriation of $65,995,000
for Policy and Citizen Services, an increase of $65,995,000
above the fiscal year 2002 enacted level and the same as the
President's request. The Committee notes that the mission and
functions of this account were previously funded through the
GSA Policy and Operations account.
Operating Expenses
Appropriation, fiscal year 2002 to date............... ................
Budget estimate, fiscal year 2003..................... $88,263,000
Recommended in the bill............................... 77,904,000
Bill compared with:
Appropriation, fiscal year 2002................... +77,904,000
Budget Estimate, fiscal year 2003................. -10,359,000
MISSION
This appropriations account provides for Government-wide
activities associated with the utilization and donation of
surplus personal property; disposal of real property;
telecommunications, information technology management, and
related technology activities; agency-wide policy direction and
management; ancillary accounting, records management, and other
support services; services as authorized by 5 U.S.C. 3109; and
other related operational expenses.
RECOMMENDATION
The Committee recommends an appropriation of $77,904,000
for Operating Expenses, an increase of $77,904,000 above the
fiscal year 2002 enacted level and a decrease of $10,359,000
below the President's request. The Committee notes that the
mission and functions of this account were previously funded
through the GSA Policy and Operations account. Increases above
the request level include $2,500,000 as a transfer to the New
York State Historical Society for exhibits, education,
collections, and research associated with items and events
stemming from the September 11, 2001, terrorist attacks on the
World Trade Center; and $150,000 as a transfer to the
Association of Central Oklahoma Governments for establishing
alternative fuel facilities. Decreases from the request level
include $5,450,000 in savings realized by the non-recurrence of
five items; a reduction of $1,123,000 associated with the
President's pending proposal to integrate the benefits and
administrative costs of the Federal Employees' Compensation Act
which, to date, has not been enacted; and $6,436,000 in savings
due to the pending transfer of Governor's Island in New York.
In light of this transfer, the Committee has subtracted all but
$2,146,000 in GSA's operating budget for the security and
maintenance of the island and directs GSA to make no additional
funding payments for this property beyond the amount provided.
ANGEL ISLAND IMMIGRATION STATION
The Committee directs GSA, in consultation with the
Department of the Interior, National Park Service, and the
National Archives and Records Administration, to provide a
report on efforts and plans to preserve and restore the Angel
Island Immigration Station in California. GSA should also seek
input from the Angel Island Immigration Station Foundation in
developing the report. Angel Island Immigration Station is a
national treasure that has been described as ``the Ellis Island
of the West.'' In order to ensure that this landmark is
appropriately cared for, the Committee seeks GSA's guidance in
assessing and coordinating the proper role of other Federal
agencies in moving this project forward. GSA should make a
recommendation to the Committee on how Federal involvement in
this project should proceed and how best private funding can be
leveraged to augment Federal involvement. This report should be
provide to the Committee no later than November 30, 2002.
IMPROVED FUEL EFFICIENCY
The Committee is aware of commercially-available
technologies for standard vehicles that significantly improve
fuel efficiencies and reduce harmful emissions through fuel
treatments and catalysts. The Committee directs GSA to explore
the use of these technologies and directs GSA to report its
findings to the Committee by April 1, 2003.
The Committee is also aware that GSA has purchased a
significant number of flexible fuel vehicles capable of
utilizing alternative fuels. However, the Committee is
concerned that these vehicles are not making sufficient use of
alternative fuels. The Committee directs GSA to provide a
report regarding what steps can be taken to maximize the actual
use of alternative fuels in GSA fleet vehicles, and to take
such steps as may be necessary to provide appropriate
encouragement and support for the use of alternative fuels.
Office of Inspector General
Appropriation, fiscal year 2002 to date............... $36,346,000
Budget estimate, fiscal year 2003..................... 37,617,000
Recommended in the bill............................... 37,617,000
Bill compared with:
Appropriation, fiscal year 2002................... +1,271,000
Budget Estimate, fiscal year 2003................. ................
MISSION
This appropriation provides agencywide audit and
investigative functions to identify and correct management and
administrative deficiencies within GSA which create conditions
for existing or potential instances of fraud, waste, and
mismanagement. The audit function provides internal audit and
contract audit services. Contract audits provide professional
advice to GSA contracting officials on accounting and financial
matters relative to the negotiation, award, administration,
repricing, and settlement of contracts. Internal audits review
and evaluate all facets of GSA operations and programs, test
internal control systems, and develop information to improve
operating efficiencies and enhance customer services. The
investigative function provides for the detection and
investigation of improper and illegal activities involving GSA
programs, personnel, and operations.
RECOMMENDATION
The Committee recommends an appropriation of $37,617,000
for the Office of Inspector General, an increase of $1,271,000
above the fiscal year 2002 enacted level and the same as the
President's request.
Electronic Government Fund
Appropriation, fiscal year 2002 to date............... $5,000,000
Budget estimate, fiscal year 2003..................... 45,000,000
Recommended in the bill............................... ................
Bill compared with:
Appropriation, fiscal year 2002................... -5,000,000
Budget Estimate, fiscal year 2003................. -45,000,000
MISSION
The appropriation provides support for interagency
Electronic Government (E-Gov) initiatives that utilize the
Internet or other electronic methods as a means to increase
Federal Government accessibility, efficiency, and productivity.
RECOMMENDATION
The Committee recommends no appropriation for the GSA
Electronic Government Fund, a decrease of $5,000,000 below the
fiscal year 2002 level and a decrease of $45,000,000 below the
President's request. The Committee notes that funds for this
function have been included in Title III of this Act within the
Executive Office of the President under the jurisdiction of the
Office of Management and Budget.
Allowances and Office Staff for Former Presidents
Appropriation, fiscal year 2002 to date............... $3,196,000
Budget estimate, fiscal year 2003..................... 3,339,000
Recommended in the bill............................... 3,339,000
Bill compared with:
Appropriation, fiscal year 2002................... +143,000
Budget Estimate, fiscal year 2003................. ................
MISSION
This appropriation provides support consisting of pensions,
office staffs, and related expenses for former Presidents
Gerald R. Ford, Jimmy Carter, Ronald Reagan, George Bush and
Bill Clinton and for pension and postal franking privileges for
the widow of former President Lyndon B. Johnson. 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.
RECOMMENDATION
The Committee recommends an appropriation of $3,339,000 for
allowances and office staff of former Presidents, an increase
of $143,000 above the fiscal year 2002 enacted level and the
same as the President's request.
FY 2003 BUDGET ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Ford Carter Reagan Bush Clinton Widows Totals
----------------------------------------------------------------------------------------------------------------
Personnel Compensation............. 96 96 96 96 150 0 534
Personnel Benefits................. 24 6 24 35 56 0 145
Benefits for Former Presidents..... 170 170 170 170 175 20 875
Travel............................. 50 2 16 58 58 0 184
Rental Payments to GSA............. 112 102 140 174 436 0 964
Communications, Utilities and
Miscellaneous charges:
Telephone...................... 25 25 17 14 29 0 110
Postage........................ 9 20 10 14 22 2 77
Printing........................... 6 5 13 12 15 0 51
Other Services..................... 14 67 20 26 82 0 209
Supplies & Materials............... 11 6 21 11 25 0 74
Equipment.......................... 4 9 3 64 36 0 116
----------------------------------------------------------------------------
Total Obligations............ 521 508 530 674 1,084 22 3,339
----------------------------------------------------------------------------------------------------------------
General Provisions--General Services Administration
Section 401. The Committee continues the provision that
provides that costs included in rent received from government
corporations for operation, protection, maintenance, upkeep,
repair and improvement shall be credited to the Federal
Buildings Fund.
Section 402. The Committee continues the provision
providing authority for the use of funds for the hire of motor
vehicles.
Section 403. The Committee continues the provision, with
technical modification, providing that funds made available for
activities of the Federal Buildings Fund may be transferred
between appropriations with advance approval of the Congress.
Section 404. The Committee continues the provision, with
technical modification, prohibiting the use of funds for
developing courthouse construction requests that do not meet
GSA standards and the priorities of the Judicial Conference.
Section 405. 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 406. The Committee continues the provision
providing for Information Technology Fund repayment from
sponsored projects that realize program savings.
Section 407. The Committee continues the provision that
permits GSA to pay small claims (up to $250,000) made against
the government.
Merit Systems Protection Board
SALARIES AND EXPENSES
Appropriation, fiscal year 2002 to date............... $30,555,000
Budget estimate, fiscal year 2003..................... 31,790,000
Recommended in the bill............................... 31,788,000
Bill compared with:
Appropriation, fiscal year 2002................... +1,233,000
Budget Estimate, fiscal year 2003................. -2,000
MISSION
The Merit Systems Protection Board performs the
adjudicatory functions necessary to maintain the civil service
merit system. These include hearing appeals on adverse actions,
reduction-in-force actions, and retirement. The Board reports
to the President on whether merit systems are sufficiently free
from prohibited personnel practices to protect the public
interest.
RECOMMENDATION
The Committee recommends an appropriation of $31,788,000
for the Merit Systems Protection Board (MSPB), an increase of
$1,233,000 above the amount appropriated in fiscal year 2002
and a $2,000 decrease from the President's request. The
decrease from the President's request is for costs associated
with the President's pending proposal to integrate the benefits
and administrative costs of the Federal Employees Compensation
Act (FECA) which, to date, has not been enacted.
Morris K. Udall Scholarship and Excellence in National Environmental
Policy Foundation
MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL ENVIRONMENTAL
POLICY TRUST FUND
Appropriation, fiscal year to date.................... $1,996,000
Budget estimate, fiscal year 2003..................... 1,996,000
Recommended in the bill............................... 1,996,000
Bill compared with:
Appropriation, fiscal year 2002................... ................
Budget Estimate, fiscal year 2003................. ................
MISSION
Public Law 102-259 established the Morris K. Udall
Scholarship and Excellence in National Environmental Policy
Trust Fund. Federal payments to that fund are invested in
Treasury securities. Interest earnings from the investments are
used to carry out the activities of the Morris K. Udall
Scholarship and Excellence in National Environmental Policy
Foundation. The Foundation awards scholarships, fellowships,
and grants and funds activities of the Udall Center for Studies
in Public Policy. Public Law 106-568 (section 817) established
the Native Nations Institute as part of the Morris K. Udall
Scholarship and Excellence in National Environmental Policy
Foundation. The purpose of the Native Nations Institute is to
provide management and leadership training to Native American
tribal leaders.
RECOMMENDATION
The Committee recommends $1,996,000 for the activities of
the Morris K. Udall Foundation, the same as the fiscal year
2002 enacted level and the President's request.
Environmental Dispute Resolution Fund
Appropriation, fiscal year 2002 to date............... $1,309,000
Budget estimate, fiscal year 2003..................... 1,309,000
Recommended in the bill............................... 1,309,000
Bill compared with:
Appropriation, fiscal year 2002................... ................
Budget Estimate, fiscal year 2003................. ................
MISSION
Public Law 105-156 established the United States Institute
for Environmental Conflict Resolution as part of the Morris K.
Udall Scholarship and Excellence in National Environmental
Policy Foundation. It also established in the Treasury an
Environmental Dispute Resolution Fund to be available to
establish and operate the Institute. The purpose of the
Institute is to conduct environmental conflict resolution and
training.
RECOMMENDATION
The Committee recommends an appropriation of $1,309,000 for
the Environmental Dispute Resolution Fund, the same as the
fiscal year 2002 enacted level and the same as the President's
request.
National Archives and Records Administration
OPERATING EXPENSES
Appropriation, fiscal year 2002 to date............... $245,847,000
Budget estimate, fiscal year 2003..................... 256,731,000
Recommended in the bill............................... 249,731,000
Bill compared with:
Appropriation, fiscal year 2002................... +3,884,000
Budget Estimate, fiscal year 2003................. -7,000,000
MISSION
The National Archives and Records Administration provides
for basic operations dealing with management of the
Government's archives and records, operation of Presidential
libraries, and for the review for declassification of
classified security information.
RECOMMENDATION
The Committee recommends an appropriation of $249,731,000
for the operating expenses of the National Archives and Records
Administration, an increase of $3,884,000 above the fiscal year
2002 enacted level and a decrease of $7,000,000 below the
President's request. The reduction from the President's request
is for the initiative to train state and local personnel in the
handling of classified and sensitive homeland security data.
The Committee believes that funding this effort in this account
is premature. The directive for addressing sensitive homeland
security information has not been issued, the specific state
and local needs for training have not been determined, training
options have not been fully developed, and the portion of the
initiative aimed at ensuring that Federal agencies have
appropriate authorities is unknown.
COMMITMENT TO RECORDS MANAGEMENT BY FEDERAL AGENCIES
The Committee notes that NARA recently commissioned a study
on Federal agency records management, shares NARA's concerns
that some agencies have not provided an appropriate priority to
their records management programs (especially for electronic
records), and encourages NARA to develop a strategy for raising
agency awareness of and commitment to records management
principles, functions, and programs. The Committee further
urges NARA to develop a strategy for conducting systematic
inspections of agency management programs to periodically (1)
assess agency progress in improving records management
programs, and (2) evaluate the efficacy of NARA's
governmentwide guidance.
ELECTRONIC RECORDS ARCHIVE
The Committee recommends $11,837,000 for the electronic
records archive (ERA) project and makes a portion of this
funding available for three years. To mitigate the risks
associated with the development and acquisition of an advanced
electronic archival system, the Committee directs NARA to
reassess the ERA project schedule based on estimates of the
amount of work and resources required to complete each task.
The Committee expects the ERA project schedule to allow
sufficient time for NARA to strengthen its information
technology management capabilities by implementing an
information technology investment management process,
developing an enterprise architecture, and improving
information security.
Beginning on October 1, 2002, NARA shall submit to the
Committee quarterly reports on the cost, schedule, and
performance of the ERA project. These quarterly reports should
provide information on the status of the project's schedule,
budget, and expenditures as measured against a reported
baseline; a prioritization of project risks and their
mitigation efforts; and corrective actions taken to manage
identified schedule slippages, cost overruns, or quality
problems should they occur.
ERECORDS MANAGEMENT
The Committee notes that NARA has been named by the
Administration as the ``proposed agency managing partner'' for
eRecords Management (ERM), one of 24 electronic government
projects selected for special emphasis in the President's
budget request for fiscal year 2003 under the quicksilver
initiative. The Committee also notes that no funds specifically
for the ERM effort have been included or identified in NARA's
Congressional budget justification for fiscal year 2003. While
the Committee does not object to NARA taking the lead for this
project, the Committee has not given blanket approval to NARA's
use of significant funds (particularly ERA funds) for the ERM
project absent the approval of a reprogramming.
Repairs and Restoration
Appropriation, fiscal year 2002 to date............... $40,143,000
Budget estimate, fiscal year 2003..................... 10,458,000
Recommended in the bill............................... 10,458,000
Bill compared with:
Appropriation, fiscal year 2002................... -29,685,000
Budget Estimate, fiscal year 2003................. ................
MISSION
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.
RECOMMENDATION
The Committee recommends an appropriation of $10,458,000
for repairs and restoration, a decrease of $29,685,000 below
the fiscal year 2002 enacted level and the same as the
President's request.
National Historical Publications and Records Commission
GRANTS PROGRAM
Appropriation, fiscal year 2002 to date............... $6,436,000
Budget estimate, fiscal year 2002..................... 5,000,000
Recommended in the bill............................... 7,000,000
Bill compared with:
Appropriation, fiscal year 2002................... +564,000
Budget Estimate, fiscal year 2003................. +2,000,000
MISSION
This program provides for grants funding that the
Commission makes, nationwide, to preserve and publish records
that document American history. Administered within the
National Archives and Records Administration, which preserves
Federal records, 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.
RECOMMENDATION
The Committee recommends an appropriation of $7,000,000 for
the National Historical Publications and Research Commission
grants program, an increase of $564,000 above the fiscal year
2002 enacted level and an increase of $2,000,000 above the
President's request. The Committee is aware of a grant
application being made by Jefferson Parish, Louisiana, Clerk of
Court regarding historical documents and urges that this
application be given due consideration. The Committee notes
that the National Historic Publications and Records Commission
has initiated an effort to encourage a greater inclusion of
under-documented groups, such as women and minorities, in the
grants program.
Office of Government Ethics
SALARIES AND EXPENSES
Appropriation, fiscal year 2002 to date............... $10,117,000
Budget estimate, fiscal year 2003..................... 10,488,000
Recommended in the bill............................... 10,486,000
Bill compared with:
Appropriation, fiscal year 2002................... +369,000
Budget Estimate, fiscal year 2003................. -2,000
MISSION
The Office of Government Ethics (OGE), established by the
Ethics in Government Act of 1978, provides overall direction of
executive branch policies designed to prevent conflicts of
interest and insure high ethical standards. The OGE discharges
its responsibilities to preserve and promote public confidence
in the integrity of executive branch officials by developing
rules and regulations pertaining to conflicts of interest, post
employment restrictions, standards of conduct, and public and
confidential financial disclosure in the executive branch. It
monitors compliance with public and confidential financial
disclosure requirements of the Ethics in Government Act of 1978
and the Ethics Reform Act of 1989, to determine possible
violations of applicable laws or regulations and recommending
appropriate corrective action. OGE also consults with and
assists various officials in evaluating the effectiveness of
applicable laws and the resolution of individual problems, and
prepares formal advisory opinions, informal letter opinions,
policy memoranda, and Federal Register entries on how to
interpret and comply with the requirements on conflicts of
interest, post employment, standards of conduct, and financial
disclosure. Finally, OGE issues and amends regulations
implementing the procurement integrity provisions relating to
negotiating for employment, post employment, and gratuities in
the Office of Federal Procurement Policy Act Amendments of
1988, P.L. 100-679.
RECOMMENDATION
The Committee recommends an appropriation of $10,486,000
for the Office of Government Ethics, an increase of $369,000
above the enacted fiscal year 2002 level and a $2,000 decrease
from the President's request. The decrease from the President's
request is for costs associated with the President's pending
proposal to integrate the benefits and administrative costs of
the Federal Employees Compensation Act (FECA) which, to date,
has not been enacted.
Office of Personnel Management
SALARIES AND EXPENSES
Appropriation, fiscal year 2002 to date............... $99,636,000
Budget estimate, fiscal year 2003..................... 128,804,000
Recommended in the bill............................... 128,986,000
Bill compared with:
Appropriation, fiscal year 2002................... +29,350,000
Budget Estimate, fiscal year 2003................. +182,000
MISSION
The Office of Personnel Management (OPM) is the Government
agency responsible for management of Federal human resource
policy and oversight of the merit civil service system.
Although individual agencies are increasingly responsible for
personnel operations, OPM provides a Governmentwide 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
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.
RECOMMENDATION
The Committee recommends an appropriation of $128,986,000
for the Office of Personnel Management, an increase of
$29,350,000 above the enacted fiscal year 2002 level and
$182,000 above the amount requested by the President. The
increase does not include $68,000 requested by the President
for costs associated with the pending proposal to integrate the
benefits and administrative costs of the Federal Employees
Compensation Act (FECA) which, to date, has not been enacted.
The Committee also includes a $250,000 decrease from the
President's request for salaries and expenses of the Office of
Congressional Affairs. The Committee's recommendation includes
$20,800,000 for the Human Resources Data Network, $5,800,000
for e-Government initiatives, $2,500,000 for a government-wide
payroll modernization initiative, and $500,000 for the
establishment of a Telecommuting Training Program designed to
educate executive branch managers about the benefits and
logistics of telecommuting. The Committee notes that while the
number of telecommuters in the Federal Government has increased
significantly, from 1 percent in 1999 to 4.2 percent in 2001,
telecommuting rates at some federal agencies remain very low
and manager reluctance is the most frequently cited barrier to
telecommuting. The Committee believes that efforts could be
made to encourage managers, through the performance planning
and evaluation process, to assess, and where appropriate,
create telecommuting plans for their offices and staff. The
Committee directs that the Telecommuting Training Program
target executive agencies where less than 2 percent of
employees telecommute.
FEDERAL EMPLOYEES IN BARNSTABLE COUNTY, MASSACHUSETTS
The Committee is aware that the Federal Salary Council has
rejected a proposal by federal employees in Barnstable County,
Massachusetts to be considered as an area of application to the
Boston-Worcester-Lawrence Pay Area for locality pay purposes.
It is the Committee's understanding that Barnstable County, as
a small county, has exceptional difficulty in meeting the
Council's requirement that a county contain at least 2,000
General Schedule employees to be designated an area of
application to the pay area. It is the Committee's further
understanding that the Council is awaiting new data from the
2000 census before acting upon any proposed modifications to
pay areas, and that such data may take years to produce. The
Committee directs the Office of Personnel Management (OPM) to
report to the Committee on its intentions regarding all
proposals for consideration as an area of application that have
been rejected pending new census data.
FEDERAL PREVAILING RATE ADVISORY COMMITTEE
The Committee is aware that the employees of the Butner Low
Security Correctional Institute in Butner, North Carolina have
recommended to the Federal Prevailing Rate Advisory Committee
(FPRAC) that the facility be considered part of the Richmond-
Petersburg, Virginia wage area for wage-grade purposes. The
Committee directs FPRAC to report to the Committee on the
status of this recommendation and the available means of
promoting pay parity among wage areas with similar costs of
living.
FLEXIBLE SPENDING ACCOUNTS
The Committee supported the introduction of Premium
Conversion Plans in 2000 permitting federal employees to pay
their health insurance premiums with pre-tax dollars. It is the
Committee's understanding that OPM is committed to making
Flexible Spending Accounts (FSAs) available to the federal
workforce as well. FSAs will permit employees to also pay
certain out-of-pocket health care and dependent care expenses
with pre-tax dollars. The Committee is aware that most medium
and large employers as well as the majority of state and local
governments provide these benefits to their employees. The
Committee believes that the extension of FSAs to the federal
workforce will enhance the ability of the federal government to
compete in the labor market and help address current
recruitment and retention issues. For these reasons, the
Committee directs OPM to report to the Committee on efforts to
implement FSAs.
Office of Inspector General
Appropriation, fiscal year 2002 to date............... $1,498,000
Budget estimate, fiscal year 2003..................... 1,498,000
Recommended in the bill............................... 1,498,000
Bill compared with:
Appropriation, fiscal year 2002................... ................
Budget Estimate, fiscal year 2003................. ................
MISSION
This appropriation provides agencywide audit,
investigative, evaluation, and inspection functions to identify
management and administrative deficiencies, which may create
conditions for fraud, waste and mismanagement. The audits
function provides internal agency audit, insurance audit, and
contract audit services. Contract audits provide professional
advice to agency contracting officials on accounting and
financial matters regarding the negotiation, award,
administration, repricing, and settlement of contracts.
Internal 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. The investigative function provides for
the detection and investigation of improper and illegal
activities involving programs, personnel, and operations.
RECOMMENDATION
The Committee recommends an appropriation of $1,498,000 for
the Office of Inspector General of the Office of Personnel
Management, an amount equal to both the fiscal year 2002
enacted level and the President's request.
Government Payment for Annuitants, Employees Health Benefits
Appropriation, fiscal year 2002 to date............... $6,129,000,000
Budget estimate, fiscal year 2003..................... 6,853,000,000
Recommended in the bill............................... 6,853,000,000
Bill compared with:
Appropriation, fiscal year 2002................... +724,000,000
Budget Estimate, fiscal year 2003................. ................
MISSION
This appropriation covers: (1) the Government's share of
the cost of health insurance for 1,851,000 annuitants as
defined in sections 8901 and 8906 of title 5, United States
Code; (2) the Government's share of the cost of health
insurance for about 12,000 annuitants (who were retired when
the Federal employees health benefits law became effective), as
defined in the Retired Federal Employees Health Benefits Act of
1960; and (3) the Government's contribution for payment of
administrative expenses incurred by the Office of Personnel
Management in administration of the act.
Government Payment for Annuitants, Employees Life Insurance
Appropriation, fiscal year 2002 to date............... $34,000,000
Budget estimate, fiscal year 2003..................... 34,000,000
Recommended in the bill............................... 34,000,000
Bill compared with:
Appropriation, fiscal year 2002................... ................
Budget Estimate, fiscal year 2003................. ................
MISSION
This appropriation finances the Government's share of
premiums, which is one-third the cost, for basic life insurance
for annuitants retiring after December 31, 1989, and who are
less than 65 years old.
Payment to Civil Service Retirement and Disability Fund
Appropriation, fiscal year 2002 to date............... $9,229,000,000
Budget estimate, fiscal year 2003..................... 9,410,000,000
Recommended in the bill............................... 9,410,000,000
Bill compared with:
Appropriation, fiscal year 2002................... +181,000,000
Budget Estimate, fiscal year 2003................. ................
MISSION
This appropriation provides for payment of annuities,
including the payment of annuities under special acts for
persons employed on the construction of the Panama Canal or
their widows and widows of employees of the Lighthouse Service;
payment of the government share of retirement costs of the
unfunded liability resulting from any statute authorizing new
or liberalized benefits, extension of retirement coverage, or
pay increases; transfers for interest on unfunded liability and
payment of military service annuities covering interest on the
unfunded liability and annuity disbursements for military
service; payments for spouse equity providing survivor
annuities to eligible former spouses of annuitants who died
between September 1978 and May 1986 and did not elect survivor
coverage; and transfers for payment of FERS supplemental
liability covering annual amortization payments financing
supplemental liabilities for FERS.
Office of Special Counsel
SALARIES AND EXPENSES
Appropriation, fiscal year 2002 to date............... $11,891,000
Budget estimate, fiscal year 2003..................... 12,434,000
Recommended in the bill............................... 12,432,000
Bill compared with:
Appropriation, fiscal year 2002................... +541,000
Budget Estimate, fiscal year 2003................. -2,000
MISSION
The Office of Special Counsel: (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.
RECOMMENDATION
The Committee recommends an appropriation of $12,432,000
for the Office of Special Counsel, an increase of $541,000
above the fiscal year 2002 enacted level and $2,000 less than
the President's request. The decrease from the President's
request is for costs associated with the President's pending
proposal to integrate the benefits and administrative costs of
the Federal Employees Compensation Act (FECA) which, to date,
has not been enacted.
United States Tax Court
SALARIES AND EXPENSES
Appropriation, fiscal year 2002 to date............... $37,305,000
Budget estimate, fiscal year 2003..................... 37,305,000
Recommended in the bill............................... 37,305,000
Bill compared with:
Appropriation, fiscal year 2002................... ................
Budget Estimate, fiscal year 2003................. ................
MISSION
The bulk of the Court's work is the trial and adjudication
of controversies involving deficiencies in income, estate, and
gift taxes. The Court also has jurisdiction to redetermine
deficiencies in certain excise taxes; to issue declaratory
judgments in the areas of qualification of retirement plans,
exemption of charitable organizations and the status of certain
governmental obligations; and to decide certain cases involving
disclosure of tax information by the Commissioner of Internal
Revenue.
RECOMMENDATION
The Committee recommends an appropriation of $37,305,000
for the U.S. Tax Court, an amount equal to both the fiscal year
2002 level and the President's request.
White House Commission on the National Moment of Remembrance
SALARIES AND EXPENSES
Appropriation, fiscal year 2002 to date............... ................
Budget estimate, fiscal year 2003..................... $250,000
Recommended in the bill............................... 250,000
Bill compared with:
Appropriation, fiscal year 2002................... +250,000
Budget Estimate, fiscal year 2003................. ................
MISSION
The White House Commission on the National Moment of
Remembrance, established by Public Law 106-579, was created to
(1) sustain the American spirit through acts of remembrance,
not only on Memorial Day, but throughout the year; (2)
institutionalize the National Moment of Remembrance; and (3) to
enhance the commemoration and understanding of Memorial Day.
RECOMMENDATION
The Committee recommends an appropriation of $250,000, the
same as the level requested by the President.
TITLE V--GENERAL PROVISIONS
This Act
Section 501. The Committee continues the provision limiting
the expenditure of funds to the current year unless expressly
provided in this Act.
Section 502. The Committee continues the provision limiting
the expenditure of funds for consulting services under certain
conditions.
Section 503. 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 504. The Committee continues the provision
prohibiting the transfer of control over the Federal Law
Enforcement Training Center out of the Department of the
Treasury.
Section 505. The Committee continues the provision
concerning employment rights of Federal employees who return to
their civilian jobs after assignment with the Armed Forces.
Section 506. The Committee continues the provision
concerning compliance with the Buy American Act.
Section 507. The Committee continues the provision
regarding the purchase of American made equipment and products.
Section 508. The Committee continues the provision
prohibiting contract eligibility where fraudulent intent has
been proven in affixing ``Made in America'' labels.
Section 509. The Committee continues the provision
prohibiting the expenditure of funds for abortions under the
FEHBP.
Section 510. The Committee continues the provision that
would authorize the expenditure of funds for abortions under
the FEHBP if the life of the mother is in danger or the
pregnancy is a result of an act of rape or incest.
Section 511. The Committee continues the provision
providing that fifty percent of unobligated balances may remain
available for certain purposes.
Section 512. The Committee continues the provision
restricting the use of funds for the White House to request
official background reports without the written consent of the
individual who is the subject of the report.
Section 513. The Committee continues the provision that
cost accounting standards under the Federal Procurement Policy
Act shall not apply to the FEHBP.
Section 514. The Committee continues a provision regarding
non-foreign area cost of living allowances.
Section 515. The Committee continues a provision
prohibiting the use of funds by any person or entity convicted
of violating the Buy American Act.
Section 516. The Committee includes a new provision
prohibiting the transfer of funds in this Act to any
department, agency, or instrumentality of the United States
Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other Appropriations
Act.
TITLE VI--GOVERNMENTWIDE GENERAL PROVISIONS
Departments, Agencies, and Corporations
Section 601. The Committee continues the provision
authorizing agencies to pay costs of travel to the United
States for the immediate families of Federal employees assigned
to foreign duty in the event of a death or a life threatening
illness of the employee.
Section 602. 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 603. The Committee continues the provision
regarding price limitations on vehicles to be purchased by the
Federal Government.
Section 604. The Committee continues the provision allowing
funds made available to agencies for travel, to also be used
for quarters allowances and cost-of-living allowances.
Section 605. The Committee continues the provision
prohibiting the government, with certain specified exceptions,
from employing non-U.S. citizens whose posts of duty would be
in the continental U.S.
Section 606. The Committee continues the provision ensuring
that agencies will have authority to pay GSA bills for space
renovation and other services.
Section 607. 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 608. The Committee continues the provision
providing that funds may be used to pay rent and other service
costs in the District of Columbia.
Section 609. The Committee continues the provision
prohibiting payments to persons filling positions for which
they have been nominated after the Senate has voted not to
approve the nomination.
Section 610. The Committee continues the provision
prohibiting interagency financing of groups absent prior
statutory approval.
Section 611. The Committee continues the provision
authorizing the Postal Service to employ guards and give them
the same special police powers as GSA guards.
Section 612. 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 613. The Committee continues the provision limiting
the pay increases of certain prevailing rate employees.
Section 614. The Committee continues the provision limiting
the amount of funds that can be used for redecoration of
offices under certain circumstances.
Section 615. The Committee continues the provision
prohibiting the expenditure of funds for the acquisition of
additional law enforcement training facilities.
Section 616. The Committee continues the provision to allow
for interagency funding of national security and emergency
telecommunications initiatives.
Section 617. 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 618. The Committee continues the provision
requiring agencies to administer a policy designed to ensure
that all workplaces are free from discrimination and sexual
harassment.
Section 619. The Committee continues the provision
prohibiting the importation of any goods manufactured by forced
or indentured child labor.
Section 620. The Committee continues the provision
prohibiting the payment of any employee who prohibits,
threatens or prevents another employee from communicating with
Congress.
Section 621. The Committee continues the provision
prohibiting Federal training not directly related to the
performance of official duties.
Section 622. The Committee continues the provision
prohibiting the expenditure of funds for implementation of
agreements in nondisclosure policies unless certain provisions
are included.
Section 623. The Committee continues the provision
prohibiting propaganda, publicity and lobbying by executive
agency personnel in support or defeat of legislative
initiatives.
Section 624. 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 625. 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 626. The Committee continues the provision
prohibiting the use of funds for propaganda and publicity
purposes not authorized by Congress.
Section 627. The Committee continues the provision
directing agency employees to use official time in an honest
effort to perform official duties.
Section 628. The Committee continues the provision, with
technical modifications, authorizing the use of funds to
finance an appropriate share of the Joint Financial Management
Improvement Program.
Section 629. The Committee continues the provision, with
technical modifications, authorizing agencies to transfer funds
to the Policy and Citizen Services account of GSA to finance an
appropriate share of the Joint Financial Management Improvement
Program.
Section 630. 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 631. 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 632. 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 633. The Committee continues the provision to
extend the authorization for franchise fund pilots for one year
in order to allow the Administration to evaluate their results
and make a decision regarding permanent authority.
Section 634. The Committee continues the provision
prohibiting the use of funds to monitor personal information
relating to the use of Federal internet sites to collect,
review, or create any aggregate list that includes personally
identifiable information relating to access to or use of any
federal internet site of such agency.
Section 635. The Committee continues the provision
requiring health plans participating in the FEHBP to provide
contraceptive coverage and provides exemptions to certain
religious plans.
Section 636. The Committee continues the provision
providing recognition of the US Anti-Doping Agency as the
official anti-doping agency.
Section 637. The Committee continues the provision
requiring a report by the Inspector Generals detailing policies
and procedures for implementing portion of the Rural
Development Act, 1972.
Section 638. The Committee includes a new provision
requiring each agency to submit a report, at the time the
President's budget is submitted, on the use of official time
within such agency during the previous fiscal year.
Section 639. The Committee includes a new provision
requiring each agency to annually review all programs and
activities that it administers and identify all such programs
and activities that may be susceptible to significant improper
payments.
Section 640. The Committee includes a new provision making
a technical correction to the 1994 Pay Act for Federal Law
Enforcement Officers for certain series 1811 criminal
investigators.
Section 641. The Committee includes a new provision making
a technical correction to the Law Enforcement Pay Equity Act of
2000 regarding locality pay for the Uniformed Division of the
Secret Service and the U.S. Park Police.
Section 642. The Committee has included a new provision
regarding the Bureau of Alcohol, Tobacco and Firearm's policy
on releasing law enforcement database information.
Section 643. The Committee includes a new provision
requiring that the adjustment in rates of basic pay for the
statutory pay systems that takes effect in fiscal year 2003
shall be an increase of 4.1 percent.
Section 644. The Committee includes a new provision that
amends Title 5 of the United States Code to make Senior
Executive Service employees of the Internal Revenue Service
eligible for the same level of pay bonuses as all other Federal
employees.
Section 645. The Committee includes a new provision that
prohibits funds in the bill from being used to issue
regulations relating to the determination that real estate
brokerage is an activity that is financial in nature or
incidential to a financial activity.
Section 646. The Committee includes a new provision that
prohibits funds in the bill from being used for payment on any
new federal contract to a subsidiary of a publicly traded
corporation if the corporation is incorporated in a tax haven
country but the United States is the principal market for the
public trading of the corporation's stock.
Appropriations Can Be Used Only for the Purposes for Which Made
Title 31 of the United States Code makes clear that
appropriations can be used only for the purposes for which they
were appropriated as follows:
Section 1301. Application.
(a) Appropriations shall be applied only to the objects for
which the appropriations were made except as otherwise provided
by law.
Compliance With House Rules
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 table shows, by title, department and agency, the
appropriations affected by such transfers:
APPROPRIATION TRANSFERS RECOMMENDED IN THE BILL
----------------------------------------------------------------------------------------------------------------
Account from which transfer is
Account to which transfer is to be made Amount to be made Amount
----------------------------------------------------------------------------------------------------------------
Treasury Department offices, bureaus and $68,828,000 Department-wide Systems and $68,828,000
other groups. Capital Investments programs.
Treasury Department offices, bureaus and 5,893,000 Departmental Offices........... 5,893,000
other groups.
Customs, Salaries & Expenses................. 3,000,000 Harbor Maintenance Fee 3,000,000
Collection.
Federal Departments.......................... 5,000,000 Electronic Government Fund..... 5,000,000
Federal Departments.......................... 200,000,000 Election Administration Reform. 200,000,000
Treasury Department Offices, Bureaus and 4,000,000 Expanded Access to Financial 4,000,000
other groups. Services.
Federal Departments.......................... 1,350,000 Office of National Drug Control 1,350,000
Policy.
State and local entities..................... 122,400,000 Federal Drug Programs--HIDTA... 122,400,000
Federal Departments.......................... 117,600,000 Federal Drug Programs--HIDTA... 117,600,000
State and local entities..................... 29,736,000 Counterdrug Technology 29,736,000
Assessment Center.
Federal Departments.......................... 26,064,000 Counterdrug Technology 26,064,000
Assessment Center.
Federal Departments.......................... 250,800,000 Special Forfeiture Fund........ 250,800,000
Merit System Protection Board................ 2,594,000 Civil Service Retirement and 2,594,000
Disability Trust Fund.
Office of Personnel Management............... 120,791,000 Trust Funds, Office of 120,791,000
Personnel Management.
Inspector General, OPM....................... 10,766,000 Trust Funds, Office of 10,766,000
Personnel Management.
Federal Financing Bank....................... 79,685,000 General Services 79,685,000
Administration, Federal
Buildings Fund.
Treasury Department offices, bureaus and 875,000 General Services 875,000
other groups. Administration, Allowances and
Office Staff for Former
Presidents.
----------------------------------------------------------------------------------------------------------------
RESCISSION OF FUNDS
In compliance with clause 3(f)(2) of rule XIII of the Rules
of the House of Representatives, the Committee reports that it
recommends no rescissions in the bill.
CONSTITUTIONAL AUTHORITY
Clause 3(d)(1) of rule XIII of the Rules of the House of
Representatives states that:
``Each report of a committee on a bill or joint resolution
of a public character, shall include a statement citing the
specific powers granted to the Congress in the Constitution to
enact the law proposed by the bill or joint resolution.''
The Committee on Appropriations bases its authority to
report this legislation from Clause 7 of Section 9 of Article I
of the Constitution of the United States of America that
states:
``No money shall be drawn from the Treasury but in
consequence of Appropriations made by law * * *''
Appropriations contained in this Act are made pursuant to
this specific power granted by the Constitution.
COMPLIANCE WITH RULE XIII, CL. 3 (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 italic, existing law in which no change is
proposed is shown in roman):
SECTION 122 OF DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE
JUDICIARY, AND RELATED AGENCIES 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 [4 years] 5 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.
* * * * * * *
----------
SECTION 403 OF GOVERNMENT MANAGEMENT REFORM ACT OF 1994
(Public Law 103-356)
SEC. 403. FRANCHISE FUND PILOT PROGRAMS.
(a) * * *
* * * * * * *
(f) Termination.--The provisions of this section shall expire
on October 1, [2002] 2003.
----------
TITLE 5, UNITED STATES CODE
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
CHAPTER 71--LABOR-MANAGEMENT RELATIONS
* * * * * * *
Subpart F--Labor-Management and Employee Relations
* * * * * * *
SUBCHAPTER IV--ADMINISTRATIVE AND OTHER PROVISIONS
Sec. 7131. Official time
(a) * * *
* * * * * * *
(e)(1) Each agency shall submit to each House of the
Congress, the Office of Personnel Management, and the Office of
Management and Budget, at the time the budget is submitted by
the President to the Congress in each calendar year, a report
on the use of official time within such agency during the
fiscal year last ending before the date of the report's
submission.
(2) Each such report shall include, with respect to the
fiscal year to which it pertains--
(A) the number of hours of official time that
employees spent on labor organization activities;
(B) the number of employees who used official time
for labor organization activities;
(C) the number of employees who spent 100 percent of
their time on labor organization activities;
(D) the dollar value of the official time spent on
labor organization activities;
(E) the dollar value of the office space, equipment,
telephone use, and supplies provided to employees using
official time for labor organization activities; and
(F) the benefits and disadvantages of using official
time for labor organization activities.
* * * * * * *
Subpart I--Miscellaneous
CHAPTER 95--PERSONNEL FLEXIBILITIES RELATING TO THE INTERNAL REVENUE
SERVICE
* * * * * * *
Sec. 9505. Performance awards for senior executives
(a) * * *
* * * * * * *
(d) Notwithstanding section 5384(b)(3), the Secretary of the
Treasury shall determine the aggregate amount of performance
awards available to be paid during any fiscal year under this
section and section 5384 to career senior executives in the
Internal Revenue Service. [Such amount may not exceed an amount
equal to 5 percent of the aggregate amount of basic pay paid to
career senior executives in the Internal Revenue Service during
the preceding fiscal year.] Such amount may not exceed the
maximum amount which would be allowable under paragraph (3) of
section 5384(b) if such paragraph were applied by substituting
``the Internal Revenue Service'' for ``an agency''. The
Internal Revenue Service shall not be included in the
determination under section 5384(b)(3) of the aggregate amount
of performance awards payable to career senior executives in
the Department of the Treasury other than the Internal Revenue
Service.
* * * * * * *
FINANCIAL ASSISTANCE TO STATE AND LOCAL GOVERNMENTS
In accordance with section 308(a)(1)(C) of the
Congressional Budget Act of 1974 (Public Law 93-344), as
amended, the financial assistance to state and local
governments is as follows:
FY 2003 new budget authority............................ $246,000,000
2003 outlays resulting therefrom........................ 62,000,000
COMPARISON WITH BUDGET RESOLUTION
Clause 3(c)2 of rule XIII of the Rules of the House of
Representatives requires an explanation of compliance with
section 308(a)(1)(A) of the Congressional Budget and
Impoundment Control Act of 1974 (Public Law 93-344), as
amended, which requires that the report accompanying a bill
providing new budget authority contain a statement detailing
how that authority compares with the reports submitted under
section 302 of the Act for the most recently agreed to
concurrent resolution on the budget for the fiscal year. This
information follows:
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
302(b) allocation This bill--
---------------------------------------------------
Budget Budget
authority Outlays authority Outlays
----------------------------------------------------------------------------------------------------------------
Discretionary............................................... 18,501 18,237 18,500 17,889
Mandatory................................................... 16,323 16,308 16,323 16,308
----------------------------------------------------------------------------------------------------------------
Note.--Outlays in ``This bill'' include outlays from prior-year budget authorizing.
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.
FIVE YEAR OUTLAY PROJECTIONS
In compliance with section 308(a)(1)(B) of the
Congressional Budget Act of 1974 (Public Law 93-344), as
amended, the following table contains five-year projections
associated with the budget authority provided in the
accompanying bill:
Millions
Outlays:
Fiscal year 2003.................................... 29,825
Fiscal year 2004.................................... 3,092
Fiscal year 2005.................................... 966
Fiscal year 2006.................................... 361
Fiscal year 2007 and future years................... 265
Note.--The above table includes mandatory and discretionary
appropriations and excludes outlays from prior year budget authority.
---------------------------------------------------------------------------
COMPLIANCE WITH RULE XIII, CLAUSE 3(F)(1)
Pursuant to clause 3(f)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has inserted at the
appropriate place in the report a description of the effects 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, 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.
Additionally, the Committee includes a number of new general
provisions.
In title IV of the bill, in connection with the General
Services Administration, certain limitations on availability of
revenue in the Federal Buildings Fund and certain legislative
provisions have been carried forward from last year.
The bill continues a number of general provisions applying
to agencies covered by the bill as well as certain provisions
applying Government-wide. These provisions have been carried in
the prior year appropriations bill, and some have been carried
for many years. Additionally, the Committee includes a number
of new general provisions.
TITLE I--DEPARTMENT OF THE TREASURY
Departmental Offices
The Committee has continued language which provides funds
for operation and maintenance of the Treasury Building and
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
travel expenses, official reception and representation
expenses; and unforeseen emergencies of a confidential nature.
The Committee continues language providing funds for grants to
state and local law enforcement groups to help fight money
laundering. The Committee includes new language regarding funds
for Treasury-wide financial audits and the transfer of these
funds.
Department-Wide Systems and Capital Investments Programs
The Committee has continued language that provides funds
for the development and acquisition of automated data
processing equipment, software, and services; and providing
transfer authority.
Office of Inspector General
The Committee has continued language that provides funds to
carry out the provisions of the Inspector General Act of 1978,
the hire of vehicles, official travel expenses, and unforeseen
emergencies.
Inspector General for Tax Administration
The Committee has continued language that provides for the
purchase and hire of motor vehicles, services by 5 U.S.C. 3109,
travel expenses, and unforeseen emergencies.
Air Transportation Stabilization Program
The Committee has included language that provides funds for
the Air Transportation Stabilization Board.
Treasury Buildings and Annex Repair and Restoration
The Committee has continued language that provides funds
for the repair, alteration, and improvement of the Treasury
Building and Annex.
Expanded Access to Financial Services
The Committee has included language that provides funds for
the Expanded Access to Financial Services account. These funds
are made subject to the program being authorized and may be
transferred. The Committee includes language directing that
none of the funds shall be used (1) to provide real property,
automated teller machines, or any other equipment for use by
any financial institution, (2) for any program or activity that
incurs costs in excess of $100 for each participant who is
expected to establish an account, or (3) for any program or
activity that does not provide at least $0.50 in non-federal
matching funds for each $1.00 received from the Expanded Access
to Financial Services account.
Financial Crimes Enforcement Network
The Committee has continued language that provides funds
for hire of vehicles and official reception and representation
expenses; the travel of non-federal personnel attending
conferences or meetings involving financial law enforcement,
intelligence, and regulation; the purchase of personal services
contracts; and allowing FinCEN to provide assistance to Federal
law enforcement agencies with or without reimbursement.
Counterterrorism Fund
The Committee continues and modifies language that provides
funds for the Secretary of the Treasury to reimburse Treasury
Department organizations for support of counterterrorism
efforts. The Committee includes new language permitting Federal
agencies to be reimbursed for costs incurred when responding to
a Secret Service request to provide security for National
Special Security Events, and modifies language to make such
funding available only after notice of proposed use has been
submitted to the Committees on Appropriations in accordance
with reprogramming and transfer guidelines, and funds have been
apportioned.
Federal Law Enforcement Training Center
The Committee has continued language that provides funds
for: material and support costs of basic training; the purchase
and hire of vehicles; student athletic and related activities;
uniform purchases; for the conduct of and participation in
firearms matches, and presentation of awards; room and board
for interns; training U.S. Postal Service, State and local law
enforcement personnel; training of foreign law enforcement
personnel on a space available, reimbursable basis with
discretion by the Secretary to waive reimbursement; training of
private sector security officials on a reimbursable space
available basis; travel expenses of non-federal personnel to
attend course development meetings and training sponsored by
the Center; training for the GREAT program; and the provision
of short term medical services for students undergoing training
at the center. It has also continued language authorizing
acceptance of gifts, including funding of a gift for certain
honor graduate students, and to authorize obligation of funds
in anticipation of reimbursements from agencies receiving
training at the Center, provided that total obligations do not
exceed total budgetary resources at the end of the fiscal year.
New language is included to authorize the Center to accept non-
reimbursable detailees from other Federal agencies to staff
accreditation functions.
Acquisition, Construction, Improvements, and Related Expenses
The Committee has continued language for acquisition of
necessary additional real property and facilities, and for
ongoing maintenance, facility improvements, and related
expenses, to remain available until expended.
Interagency Crime and Drug Enforcement
The Committee has continued language funding Treasury
participation in and contribution to regional crime and drug
enforcement task forces.
Financial Management Service
The Committee has continued language that provides that
funds for necessary expenses of the Financial Management
Service and provides that funds for systems modernization will
remain available for three years.
Bureau of Alcohol, Tobacco and Firearms
The Committee has continued language which provides funds
for the hire of aircraft, the services of expert witnesses,
official reception and representation expenses, training of
State and local law enforcement agencies, the provision of
laboratory assistance to State and local agencies, the payment
of attorney's fees, the equipping of certain vessels, vehicles,
equipment or aircraft. The Committee has continued language
that: provides that no funds shall be used to consolidate or
centralize the records pertaining to firearms licenses;
prohibits the payment of administrative expenses in changing
the definition of curios or relics; prohibits the transfer of
ATF's functions to another Federal agency; prohibiting
electronic retrieval of information gathered pursuant to 18
U.S.C. 923(g)(4) by name or personal identification; and
prohibits ATF from acting upon applications for relief from
Federal firearms disabilities. The Committee has continued
language relating to payment of per diem and/or subsistence
allowances to cover situations where a major investigative
assignment requires an employee to work 16 hours or more per
day or to remain overnight at his or her post of duty; and
continues language providing funding for cooperative research
and development programs for Laboratory Services and Fire
Research Center activities. The Committee has included new
language providing that funding for new headquarters shall
remain available until September 30, 2004. The Committee has
continued and modified language regarding the purchase of
vehicles.
United States Customs Service
SALARIES AND EXPENSES
The Committee has continued and modified language that
provides funds for official reception and representation
expenses, personal services contracts abroad, compensation to
informers, rental space for pre-clearance operations, special
operations, procurement of automation infrastructure items,
research, uniforms, repairs to Customs facilities, and the
child pornography tipline. The Committee continues the
provision establishing the aggregate overtime limitation. The
Committee has continued and modified language regarding the
purchase and lease of vehicles.
HARBOR MAINTENANCE FEE COLLECTION
The Committee has continued language relating to the
appropriations of funds to be transferred to and merged with
the Customs Salaries and Expenses account to be used for the
collection of the Harbor Maintenance Fee pursuant to Public Law
103-182.
OPERATION, MAINTENANCE, AND PROCUREMENT, AIR AND MARINE INTERDICTION
PROGRAMS
The Committee has continued language providing funds for
the operation and maintenance of marine vessels, aircraft and
other equipment; operational training and mission-related
travel; rental payments; operations for interdiction of
narcotics and other goods; provision of support to Customs and
other Federal, State, or local agencies in enforcement or
administration of laws enforced by Customs; and for other law
enforcement and emergency humanitarian efforts; and prohibiting
transfer of certain aircraft without prior Committee approval.
AUTOMATION MODERNIZATION
The Committee has continued and modified language providing
funding for major information technology projects for the U.S.
Customs Service, providing that funds are available until
expended, and requiring expenditure plans.
U.S. Mint
The Committee has continued language identifying the source
of funding for the operations and activities of the U.S. Mint
and specifying the level of funding for circulating coinage and
protective service capital investments.
Bureau of the Public Debt
The Committee has continued language that provides that
funds may be used for reception and representation expenses and
language that provides that a portion of the funds will remain
available until expended. The Committee has also continued
language that provides that appropriations from the General
Fund will be reduced as fees are collected, and that funds are
to be derived from the Oil Spill Liability Trust Fund for
administration of the Fund.
Internal Revenue Service
PROCESSING, ASSISTANCE, AND MANAGEMENT
The Committee has continued language providing funds for
management services, rent and utilities, services authorized by
5 U.S.C. 3109, and official reception and representation
expenses. The Committee has modified the language concerning
the intent of the funds to include reference to pre-filing and
filing services and related activities. The Committee has also
continued language providing funds for the Tax Counseling for
the Elderly program.
TAX LAW ENFORCEMENT
The Committee has continued language that provides funds
for the purchase and hire of vehicles, and services authorized
by 5 U.S.C. 3109. The Committee continues language concerning
the intent of the funds to include reference to post-filing
services and related activities. The Committee continues
language providing that funds provided for research shall be
available for two fiscal years.
EARNED INCOME TAX CREDIT COMPLIANCE INITIATIVE
The Committee has continued language providing that funds
for earned income tax credit compliance and error reduction
initiatives may be used to reimburse the Social Security
Administration.
INFORMATION SYSTEMS
The Committee has continued language that provides funds
for information systems and telecommunications support and
funds for the hire of motor vehicles.
BUSINESS SYSTEMS MODERNIZATION
The Committee has continued language that provides for the
capital asset acquisition of information technology, including
management and related contractual costs of said acquisitions,
including contractual costs associated with operation
authorized by 5 U.S.C. 3109. The Committee has continued
restrictions on the use of the funds.
ADMINISTRATIVE PROVISIONS--INTERNAL REVENUE SERVICE
Section 101. The Committee continues the provision that
allows the transfer of 5 percent of any appropriation, made
available to the IRS to any other IRS appropriation, subject to
prior Congressional approval.
Section 102. The Committee continues the provision that
requires the IRS to maintain a training program in taxpayer's
rights, dealing courteously with taxpayers, and cross cultural
relations.
Section 103. The Committee continues the provision that
requires the IRS to institute policies and procedures, which
will safeguard the confidentiality of taxpayer information.
Section 104. The Committee continues the provision that
requires the IRS to maintain and improve a 1-800 help line
service for taxpayers.
United States Secret Service
The Committee has continued language that provides funds
for the hire of aircraft, services of expert witnesses, rental
of certain buildings, improvements to buildings as may be
necessary for protective functions, per diem and subsistence
allowance, the conduct of firearms matches, presentation of
awards, travel of employees on protective missions, for
repairs, alterations, and minor construction, making grants to
conduct behavioral research, uniforms, research reimbursement
for protection as authorized by law, reception and
representation expenses, assistance to foreign law enforcement
for counterfeit investigations. The Committee has continued
language permitting some funding for protective travel to
remain available for two years, and language making funds
available for activities related to the investigations of
exploited children. The Committee has continued and modified
language regarding the purchase and hire of vehicles. The
Committee has continued and modified language regarding
training for State and local law enforcement officials, and has
included new language making funds available for training to be
provided on a reimbursable or non-reimbursable, space-available
basis to Postal Service and other Federal law enforcement
officers, and on a reimbursable, space-available basis to
foreign law enforcement officers and private security
officials. The Committee has included new language authorizing
the Secret Service to obligate funds in anticipation of
reimbursements for training provided at the James J. Rowley
Training Center, and authorizing the provision of short-term
medical services for students at the Center.
ACQUISITION, CONSTRUCTION, IMPROVEMENT, AND RELATED EXPENSES
The Committee has continued language providing funds for
the acquisition, construction, improvement, and related
expenses of Secret Service facilities.
General Provisions--Department of the Treasury
Section 110. The Committee continues the provision that
requires the Secretary of the Treasury to comply with certain
reprogramming guidelines when obligating or expending funds for
law enforcement activities.
Section 111. The Committee continues the provision that
allows the Department of the Treasury to purchase uniforms,
insurance, and motor vehicles without regard to the general
purchase price limitation, and enter into contracts with the
State Department for health and medical services for Treasury
employees in overseas locations.
Section 112. The Committee continues the provision that
requires expenditures of funds so as not to diminish efforts
under the Federal Alcohol Administration Act.
Section 113. The Committee continues the provision that
authorizes transfers, up to 2 percent, between law enforcement
appropriations under certain circumstances.
Section 114. The Committee continues the provision that
authorizes transfers, up to 2 percent, between Departmental
Offices, Office of the Inspector General, Financial Management
Service, and the Bureau of the Public Debt appropriations under
certain circumstances.
Section 115. The Committee continues the provision that
authorizes transfer, up to 2 percent, between the Internal
Revenue Service and the Treasury Inspector General for Tax
Administration under certain circumstances.
Section 116. The Committee continues the provision that
provides that no funds may be obligated for the purchase of law
enforcement vehicles until the Secretary of the Treasury
certifies that the purchase is consistent with Departmental
vehicle management principles.
Section 117. The Committee continues the provision that
prohibits the Department of the Treasury from undertaking a
redesign of the $1 Federal Reserve note.
Section 118. The Committee continues the provision that
provides for transfers from and reimbursements to the Salaries
and Expenses appropriation of the Financial Management Service
for the purposes of debt collection.
Section 119. The Committee includes a new provision that
extends the pilot project for designated critical occupations
for one additional year.
Section 120. The Committee continues the provision that
requires authorization for the construction and operation of a
museum by the United States Mint.
Section 121. The Committee continues the provision that
prohibits funds made available through this Act from being used
for the production of Customs Declarations that do not inquire
whether the passenger had been in the proximity of livestock.
Section 122. The Committee includes a new provision that
directs the Federal Law Enforcement Training Center to
establish an accrediting body to set standards for measuring
and assessing the quality and effectiveness of Federal law
enforcement training.
TITLE II--POSTAL SERVICE
Payment to the Postal Service Fund
The Committee has continued language that prohibits funds
made available to the Postal Service from being used to close
or consolidate certain post offices, from charging employees of
local and child support agencies a fee for information,
provides funds for free mail for the blind and overseas voters,
and for six day mail delivery and rural delivery of mail at
existing levels. The Committee continues language regarding the
availability of funds.
TITLE III--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO
THE PRESIDENT
Compensation of the President and the White House Office
The Committee has continued language that mandates that
unused amounts of the President's expense allowance will revert
to the Treasury and not be taxable to the President and which
provides funds for service authorized by 5 U.S.C. 3109,
subsistence expenses, hire of vehicles, newspapers,
periodicals, teletype news service, travel, and official
entertainment expenses. The Committee has continued language
making funds available for reimbursement to the White House
Communications Agency.
Office of Homeland Security
The Committee has included new language that provides funds
for the Office of Homeland Security, pursuant to Executive
Order 13288.
Executive Residence at the White House
The Committee has continued language that provides funds
for operation and maintenance of the White House for official
entertainment expenses; language specifying the authorized use
of funds; language specifying that reimbursable expenses are
the exclusive authority of the Executive Residence to incur
obligations and receive offsetting collections; language
requiring the sponsors of political events to make advance
payments; language requiring the national committee of the
political party of the President to maintain $25,000 on
deposit; language requiring 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; language
authorizing the Executive Residence to charge and assess
interest and penalties on late payments; language authorizing
all reimbursements to be deposited into the Treasury as a
miscellaneous receipt; language requiring a report to the
Committee on the reimbursable expenses within 90 days of the
end of the fiscal year; language requiring the Executive
Residence to maintain a system for tracking and classifying
reimbursable events; and language specifying that the Executive
Residence is not exempt from the requirements of subchapter I
or II of chapter 37 of title 31, United States Code.
White House Repairs and Restoration
The Committee has continued language that provides funds
for the repair, alteration, and improvement of the Executive
Residence at the White House.
Special Assistance to the President and Official Residence of the Vice
President
The Committee has continued language that 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.
The Committee has continued language that enables the Vice
President to provide assistance to the President, services
authorized by 5 U.S.C. 3109, subsistence, and the hire for
vehicles.
Council of Economic Advisers
The Committee has continued language that provides funds
for the expenses of the Council of Economic Advisers.
Office of Policy Development
The Committee has continued language that provides funds
for expenses of the Office of Policy Development.
National Security Council
The Committee has continued language that provides funds
for expenses of the National Security Council.
Office of Administration
The Committee has continued language that provides funds
for expenses of the Office and the hire of vehicles and funds
for a capital investment plan that provides for the continued
modernization of the information technology infrastructure. The
Committee has continued and modified language regarding
information technology within the Executive Office of the
President, requiring the submission of a report that includes a
current description of (1) the Enterprise Architecture, as
defined in OMB Circular A-130 and Federal Chief Information
Officer guidance; (2) the Information Technology (IT) Human
Capital Plan; (3) the capital investment plan for implementing
the Enterprise Architecture; and (4) the IT capital planning
and investment control process. The Committee has continued and
modified language requiring that this report be reviewed and
approved by OMB and reviewed by the General Accounting Office.
Office of Management and Budget
The Committee has continued language that provides funds
for expenses, the hire of vehicles, carrying out provisions of
chapter 35 of 44 U.S.C., directs that funds shall be applied
only to items for which appropriations were made, prohibits the
review of agricultural marketing orders and the alteration of
certain testimony. The Committee has continued language funding
a representational allowance and has continued language
prohibiting the use of funds for the purpose of OMB
calculating, preparing, or approving any tabular or other
material that proposes the sub-allocation of budget authority
or outlays by the Committees on Appropriations.
Electronic Government Fund
The Committee continues language previously included in
Title IV of the bill that provides funds for necessary expenses
in support of interagency projects that enable the Federal
Government to expand its ability to conduct activities
electronically through the development and implementation of
innovative uses of the Internet and other electronic methods.
The Committee continues language that allows funds to be
transferred, upon condition, and to be available until
expended.
Election Administration Reform
The Committee has included new language providing funds to
implement the provisions of pending authorizing legislation to
establish election administration reform. This account shall be
used to transfer funds to those Federal entities that may be
authorized by such legislation. The Committee includes a
provision authorizing one-time payments to those states which
had obtained optical scan or electronic voting equipment for
the administration of elections for Federal office in the State
prior to the regularly scheduled general election for Federal
office held in November 2000.
Office of National Drug Control Policy
The Committee has continued language that provides funds
for expenses, research, official reception and representation
expenses, participation in joint projects, and allows for the
acceptance of gifts. The Committee has continued language
providing funds for model state drug law conferences and policy
research and evaluation and making these funds available until
expended. The Committee has included new language withholding a
certain amount of funds from obligation until the Director
submits performance measures of effectiveness for the High
Intensity Drug Trafficking Areas (HIDTA) program to the
Committee. The Committee has also included new language
requiring that the fiscal year 2004 budget submission for the
HIDTA program be supported by performance measures of
effectiveness and include supporting justification for each
individual HIDTA as well as an optimal allocation for each
HIDTA based on the same measures.
Counterdrug Technology Assessment Center
The Committee has continued language that provides funds
for counternarcotics research and development and the
technology transfer program.
Federal Drug Control Programs
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
The Committee has continued language that provides a
certain level of funding for drug control activities for State,
local and Federal drug control efforts, and requires obligation
of funds within a specified period of time. The Committee
continues language regarding the availability of funds.
SPECIAL FORFEITURE FUND
The Committee has continued language that provides a
certain level of funding for the Drug-Free Media Campaign Act,
for the Drug-Free Communities Act, and to provide a grant to
the National Drug Court Institute, and for the Counterdrug
Intelligence Executive Secretariat and the US Anti-Doping
Agency. The Committee has included new language providing
funding for performance measures development and for membership
dues to the World Anti-Doping Agency. The Committee has also
included new language requiring that a certain amount of funds
for the national media campaign be spent on media buys.
TITLE IV--INDEPENDENT AGENCIES
Commission for Purchase From People Who Are Blind or Severely Disabled
The Committee has continued language that provides funds
for expenses of the Committee.
Federal Election Commission
The Committee has continued language that provides funds
for expenses of the Commission and specifying a level of
funding for internal automated data processing systems and
reception and representation expenses.
Federal Labor Relations Authority
The Committee has continued language that provides funds
for the expenses of the authority, including authorized
services, hire of experts and consultants, hire of passenger
motor vehicles, and rental of conference rooms in the District
of Columbia and elsewhere. The Committee has also continued
provisions on compensation for public members of the Federal
Service Impasse Panel and of the use of fees charged to
participants at labor-management relations conferences.
General Services Administration
FEDERAL BUILDINGS FUND
The Committee has continued language dealing with the
conditions under which funds made available to the Federal
Buildings Fund can be used and has designated certain projects
that can be undertaken. Many technical provisions have been
included regarding use of funds in the Federal Buildings Fund
that are not specifically authorized by law.
The Committee has continued language to limit funds
available for construction and repair and alteration of
building projects not authorized by law. A more detailed
analysis of the Federal Buildings Funds can be found in the
General Services Administration chapter of this report.
POLICY AND CITIZEN SERVICES
The Committee includes new language that provide funds for
expenses for Government-wide policy and evaluation activities
associated with the management of real and personal property
assets and certain administrative services; Government-wide
policy support responsibilities relating to acquisition,
telecommunications, information technology management, and
related technology activities; and providing Internet access to
Federal Information and services.
OPERATING EXPENSES
The Committee includes new language the provides funds for
expenses for Government-wide activities associated with
utilization and donation of surplus personal property; disposal
of real property; telecommunications, information technology
management, and related technology activities; agency-wide
policy direction and management, and Board of Contract Appeals;
accounting, records management, and other support services
incident to adjudication of Indian Tribal Claims by the United
States Court of Federal Claims; and official reception and
representation expenses. A portion of the funds are made
available until expended.
OFFICE OF INSPECTOR GENERAL
The Committee has continued language that provides funds
for services authorized by 5 U.S.C. 3109 and expenses for the
Office, payment for information and detection of fraud, and
awards.
ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS
The Committee has continued language that provides funds
for compliance with Public Law 95-138.
GENERAL PROVISIONS--GENERAL SERVICES ADMINISTRATION
Section 401. The Committee continues the provision that
provides that costs included in rent received from government
corporations for operation, protection, maintenance, upkeep,
repair and improvement shall be credited to the Federal
Buildings Fund.
Section 402. The Committee continues the provision
providing authority for the use of funds for the hire of motor
vehicles.
Section 403. 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 404. The Committee continues the provision
prohibiting the use of funds for developing courthouse
construction requests that do not meet GSA standards and the
priorities of the Judicial Conference.
Section 405. 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 406. The Committee continues the provision
providing for Information Technology Fund repayment from
sponsored projects that realize program savings.
Section 407. The Committee continues the provision that
permits GSA to pay small claims (up to $250,000) made against
the government.
Merit Systems Protection Board
The Committee has continued language that provides funds
for the Board, including the rental of conference rooms in the
District of Columbia and elsewhere, the hire of passenger motor
vehicles, and the direct procurement of survey printing.
National Archives and Records Administration
OPERATING EXPENSES
The Committee has continued language that provides funds
for the review and declassification of documents, the hire of
passenger vehicles, and language that authorizes the Archivist
to use excess funds available from the amount borrowed for
construction of the National Archives facility for expenses
necessary to provide storage for holdings. The Committee
continues language specifying funds for the electronic records
archive and making a portion of these funds available until
September 30, 2005.
REPAIRS AND RESTORATION
The Committee has continued language that provides funds
for the repair, alteration, and improvement of archives
facilities and presidential libraries.
Office of Government Ethics
The Committee has continued language that provides funds
for the Office, including the rental of conference rooms in the
District of Columbia and elsewhere, the hire of passenger motor
vehicles, and official reception and representation expenses.
Office of Personnel Management
The Committee has continued language that provides for
expenses of the Office, services authorized by 5 U.S.C. 3109,
medical examinations under certain conditions, rental of
conference rooms, hire of passenger motor vehicles, official
reception and representation expenses, advances for
reimbursement per diem and/or subsistence allowances for
employees affected by Voting Rights Act activities, transfers
to appropriate trust funds, prohibition of funds for the Legal
Examining Unit, authority to accept donations for the White
House Fellows program, and making funds available until
expended for automating retirement record keeping. The
Committee has continued language making funding available until
expended for a government-wide human resources data network.
The Committee has included new language making funding
available until expended for leading the government-wide
payroll modernization initiative.
Office of Inspector General
The Committee has continued language that provides funds
for expenses of the Office, audit of the retirement and
insurance programs, and the rental of conference rooms.
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE HEALTH BENEFITS
The Committee has continued language that provides funds
for the payment of government contributions.
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE LIFE INSURANCE
The Committee has continued language that provides funds
for the payment of government contributions.
PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND
The Committee has continued language that provides funds
for the payment of government contributions.
Office of Special Counsel
The Committee has continued language that provides funds
for the Office, including the payment of fees and expenses for
witnesses, rental of conference rooms, and the hire of
passenger motor vehicles.
United States Tax Court
The Committee has continued language that provides funds
for services authorized by 5 U.S.C. 3109 and language which
provides that travel expenses of the judges shall be paid upon
written certification of the judge.
White House Commission on the National Moment of Remembrance
The Committee has included new language funding the White
House Commission on the National Moment of Remembrance.
TITLE V--GENERAL PROVISIONS
This Act
Section 501. The Committee continues the provision limiting
the expenditure of funds to the current year unless expressly
provided in this Act.
Section 502. The Committee continues the provision limiting
expenditure of funds for consulting services under certain
conditions.
Section 503. 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 504. The Committee continues the provision
prohibiting the transfer of control over the Federal Law
Enforcement Training Center out of the Department of the
Treasury.
Section 505. The Committee continues the provision
concerning employment rights of Federal employees who return to
their civilian jobs after assignment with the Armed Forces.
Section 506. The Committee continues the provision
concerning compliance with the Buy American Act.
Section 507. The Committee continues the provision
regarding the purchase of American made equipment and products.
Section 508. The Committee continues the provision
prohibiting contract eligibility where fraudulent intent has
been proven in affixing ``Made in America'' labels.
Section 509. The Committee continues the provision
prohibiting the expenditure of funds for abortions under the
FEHBP.
Section 510. The Committee continues the provision that
would authorize the expenditure of funds for abortions under
the FEHBP if the life of the mother is in danger or the
pregnancy is a result of an act of rape or incest.
Section 511. The Committee continues the provision
providing that fifty percent of unobligated balances may remain
available for certain purposes.
Section 512. The Committee continues the provision
restricting the use of funds for the White House to request
official background reports without the written consent of the
individual who is the subject of the report.
Section 513. The Committee continues the provision that
cost accounting standards under the Federal Procurement Policy
Act shall not apply to the FEHBP.
Section 514. The Committee continues a provision regarding
nonforeign area cost of living allowances.
Section 515. The Committee continues a provision
prohibiting the use of funds by any person or entity convicted
of violating the Buy American Act.
Section 516. The Committee includes a new provision
prohibiting the transfer of funds in this Act to any
department, agency, or instrumentality of the United States
Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other Appropriations
Act.
TITLE VI--GOVERNMENTWIDE GENERAL PROVISIONS
Departments, Agencies, and Corporations
Section 601. The Committee continues the provision
authorizing agencies to pay costs of travel to the United
States for the immediate families of Federal employees assigned
to foreign duty in the event of a death or a life threatening
illness of the employee.
Section 602. 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 603. The Committee continues the provision
regarding price limitations on vehicles to be purchased by the
Federal Government.
Section 604. The Committee continues the provision allowing
funds made available to agencies for travel, to also be used
for quarters allowances and cost-of-living allowances.
Section 605. The Committee continues the provision
prohibiting the government, with certain specified exceptions,
from employing non-U.S. citizens whose posts of duty would be
in the continental U.S.
Section 606. The Committee continues the provision ensuring
that agencies will have authority to pay GSA bills for space
renovation and other services.
Section 607. The Committee continues the provision allowing
agencies to finance the costs of recycling and waste prevention
programs with proceeds for the sale of materials recovered
through such programs.
Section 608. The Committee continues the provision
providing that funds may be used to pay rent and other service
costs in the District of Columbia.
Section 609. The Committee continues the provision
prohibiting payments to persons filing positions for which they
have been nominated after the Senate has voted not to approve
the nomination.
Section 610. The Committee continues the provision
prohibiting interagency financing of groups absent prior
statutory approval.
Section 611. The Committee continues the provision
authorizing the Postal Service to employ guards and give them
the same special policy powers as GSA guards.
Section 612. 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 613. The Committee continues the provision limiting
the pay increase of certain prevailing rate employees.
Section 614. The Committee continues the provision limiting
the amount of funds that can be used for redecoration of
offices under certain circumstances.
Section 615. The Committee continues the provision
prohibiting the expenditure of funds for the acquisition of
additional law enforcement training facilities.
Section 616. The Committee continues the provision to allow
for interagency funding of national security and emergency
telecommunications initiatives.
Section 617. 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 618. The Committee continues the provision
requiring agencies to administer a policy designed to ensure
that all workplaces are free from discrimination and sexual
harassment.
Section 619. The Committee continues the provision
prohibiting the importation of any goods manufactured by forced
or indentured child labor.
Section 620. The Committee continues the provision
prohibiting the payment of any employee who prohibits,
threatens or prevents another employee from communicating with
Congress.
Section 621. The Committee continues the provision
prohibiting Federal training not directly related to the
performance of official duties.
Section 622. The Committee continues the provision
prohibiting the expenditure of funds for implementation of
agreements in nondisclosure policies unless certain provisions
are included.
Section 623. The Committee continues the provision
prohibiting propaganda, publicity and lobbying by executive
agency personnel in support or defeat of legislative
initiatives.
Section 624. 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 625. 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 626. The Committee continues the provision
prohibiting the use of funs for propaganda and publicity
purposes not authorized by Congress.
Section 627. The Committee continues the provision
directing agency employees to use official time in an honest
effort to perform official duties.
Section 628. The Committee continues the provision, with
technical modifications authorizing the use of funds to finance
an appropriate share of the Joint Financial Management
Improvement Program.
Section 629. The Committee continues the provision, with
technical modifications, authorizing agencies to transfer funds
to the Policy and Citizen Services account of GSA to finance an
appropriate share of the Joint Financial Management Improvement
Program.
Section 630. 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 631. 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 632. 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 633. The Committee continues the provision to
extend the authorization for franchise fund pilots for one year
in order to allow the Administration to evaluate their results
and make a decision regarding permanent authority.
Section 634. The Committee continues the provision
prohibiting the use of funds to monitor personal information
relating to the use of Federal internet sites to collect,
review, or create any aggregate list that includes personally
identifiable information relating to access to or use of any
federal internet site of such agency.
Section 635. The Committee continues the provision
requiring health plans participating in the FEHBP to provide
contraceptive coverage and provides exemptions to certain
religious groups.
Section 636. The Committee continues the provision
providing recognition of the US Anti-Doping Agency as the
official anti-doping agency.
Section 637. The Committee continues the provision
requiring a report by the Inspector General detailing policies
and procedures for implementing portion of the Rural
Development Act, 1972.
Section 638. The Committee includes a new provision
requiring each agency to submit a report at the time the
Presidents budget is submitted, on the use of official time
within such agency during the previous fiscal year.
Section 639. The Committee includes a new provision
requiring each agency to annually review all programs and
activities that it administers and identify all such programs
and activities that may be susceptible to significant improper
payments.
Section 640. The Committee includes a new provision making
a technical correction to the 1994 Pay Act for Federal Law
Enforcement Officers for certain series 1811 criminal
investigators.
Section 641. The Committee includes a new provision making
a technical correction to the Law Enforcement Pay Equity Act of
2000 regarding locality pay for the Uniformed Division of the
Secret Service and the U.S. Park Police.
Section 642. The Committee has included a new provision
regarding the Bureau of Alcohol, Tobacco and Firearm's policy
on releasing law enforcement database information.
Section 643. The Committee includes a new provision
requiring that the adjustment in rates of basic pay for the
statutory pay systems that takes effect in fiscal year 2003
shall be an increase of 4.1 percent.
Section 644. The Committee includes a new provision that
amends Title 5 of the United States Code to make Senior
Executive Service employees of the Internal Revenue Service
eligible for the same level of pay bonuses as all other Federal
employees.
Section 645. The Committee includes a new provision that
prohibits funds in the bill from being used to issue
regulations relating to the determination that real estate
brokerage is an activity that is financial in nature or
incidental to a financial activity.
Section 646. The Committee includes a new provision that
prohibits funds in the bill from being used for payment on any
new federal contract to a subsidiary of a publicly traded
corporation if the corporation is incorporated in a tax haven
country but the United States is the principal market for the
public trading of the corporation's stock.
DETAILED EXPLANATIONS IN REPORT
It should be emphasized again that a more detailed
statement describing the effect of the above provisions
inserted or continued this year by the Committee which directly
or indirectly change the application of existing law may be
found at the appropriate place in this report.
APPROPRIATIONS NOT AUTHORIZED BY LAW
Pursuant to clause 3(f)(1) of rule XIII of the House of
Representatives, the following table lists the appropriations
in the accompanying bill that are not authorized by law:
APPROPRIATIONS NOT AUTHORIZED BY LAW
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Appropriations in
Last year of Authorization level last year of Appropriations in
authorization authorization this bill
----------------------------------------------------------------------------------------------------------------
Department Wide Systems and NA................. NA................. NA................. $68,828,000
Capital Investments Program.
Air Transportation NA................. NA................. NA................. $6,041,000
Stabilization Program.
Treasury Building and Annex NA................. NA................. NA................. $32,932,000
Repair and Restoration.
Expanded Access to Financial NA................. NA................. NA................. $4,000,000
Services.
Financial Crimes Enforcement NA \1\............. NA................. NA................. $51,444,000
Network.
Counterterrorism Fund......... NA................. NA................. NA................. $33,000,000
Federal Law Enforcement NA \2\............. NA................. NA................. $184,800,000
Training Center, Salaries and
Expenses and Acquisition,
Construction, Improvement and
Related Expenses.
Interagency Crime and Drug NA................. NA................. NA................. $110,594,000
Enforcement.
Bureau of Alcohol, Tobacco and NA \3\............. NA................. NA................. $891,034,000
Firearms, except those
activities related to the
enforcement of tobacco
smuggling and regulation of
explosives.
US Customs Service (except 1992............... Such sums.......... $1,484,084,000..... $3,125,497,000
Harbor Maintenance Fee).
Office of Management and ................... ................... ................... $7,001,000
Budget, Office of Information
and Regulatory Affairs.
Executive Office of the NA................. NA................. NA................. $5,000,000
President, Electronic
Government Fund.
Election Administration Reform NA................. NA................. NA................. $200,000,000
ONDCP, Salaries and Expenses, NA................. NA................. NA................. $1,000,000
Model State Drug Laws.
Counter Technology Assessment NA................. NA................. NA................. $29,736,000
Center Technology Transfer.
Special Forfeiture Fund NA................. NA................. NA................. $10,800,000
(except Media Campaign and
Drug Free Communities).
Federal Election Commission... 1981............... $9,400,000......... $9,662,000......... $49,426,000
Office of Government Ethics... 1999............... Such sums.......... $8,492,000......... $10,486,000
----------------------------------------------------------------------------------------------------------------
\1\ Established pursuant to Treasury Order 105-08.
\2\ Established pursuant to Treasury Order 140-01.
\3\ Established pursuant to Treasury Order 120-01, 120-02, and 120-03.
Full Committee Votes
Pursuant to the provisions of clause 3(b) of rule XIII of
the House of Representatives, the results of each roll call
vote on an amendment or on the motion to report, together with
the names of those voting for and those voting against, are
printed below:
Full Committee Votes
Pursuant to the provisions of clause 3(b) of rule XIII of
the House of Representatives, the results of each roll call
vote on an amendment or on the motion to report, together with
the names of those voting for and those voting against, are
printed below:
ROLLCALL NO. 1
Date: July 9, 2002.
Measure: Treasury, Postal Service, and General Government
Appropriations Bill, FY 2003.
Motion by: Mrs. Meek.
Description of Motion: To strike and replace bill and
report language related to the account, ``Expanded Access to
Financial Services''.
Results: Rejected 25 yeas to 33 nays.
Members Voting Yea Members Voting Nay
Mr. Boyd Mr. Aderholt
Mr. Clyburn Mr. Bonilla
Mr. Cramer Mr. Callahan
Ms. DeLauro Mr. Cunningham
Mr. Dicks Mr. Doolittle
Mr. Edwards Mrs. Emerson
Mr. Farr Mr. Frelinghuysen
Mr. Fattah Mr. Goode
Mr. Hinchey Ms. Granger
Mr. Hoyer Mr. Istook
Mr. Jackson Mr. Kingston
Ms. Kaptur Mr. Knollenberg
Mr. Kennedy Mr. Kolbe
Mrs. Lowey Mr. LaHood
Mrs. Meek Mr. Latham
Mr. Mollohan Mr. Lewis
Mr. Moran Mr. Miller
Mr. Obey Mr. Nethercutt
Mr. Pastor Mrs. Northup
Mr. Price Mr. Peterson
Mr. Rothman Mr. Regula
Ms. Roybal-Allard Mr. Rogers
Mr. Sabo Mr. Sherwood
Mr. Serrano Mr. Skeen
Mr. Visclosky Mr. Sununu
Mr. Sweeney
Mr. Taylor
Mr. Tiahrt
Mr. Vitter
Mr. Wamp
Mr. Wicker
Mr. Wolf
Mr. Young
Full Committee Votes
Pursuant to the provisions of clause 3(b) of rule XIII of
the House of Representatives, the results of each roll call
vote on an amendment or on the motion to report, together with
the names of those voting for and those voting against, are
printed below:
ROLLCALL NO. 2
Date: July 9, 2002.
Measure: Treasury, Postal Service, and General Government
Appropriations Bill, FY 2003.
Motion by: Ms. DeLauro.
Description of Motion: To prohibit the use of funds for
payment on any new contract to a subsidiary of a publicly
traded corporation if the corporation is incorporated in a tax
haven country but the United States is the principal market for
the public trading of the corporation's stock.
Results: Adopted 41 yeas to 17 nays.
Members Voting Yea Members Voting Nay
Mr. Aderholt Mr. Bonilla
Mr. Boyd Mr. Callahan
Mr. Cramer Mr. Cunningham
Ms. DeLauro Mr. Doolittle
Mr. Dicks Mr. Frelinghuysen
Mr. Edwards Mr. Istook
Mrs. Emerson Mr. Kingston
Mr. Farr Mr. Knollenberg
Mr. Fattah Mr. Kolbe
Mr. Goode Mr. LaHood
Ms. Granger Mr. Lewis
Mr. Hinchey Mr. Miller
Mr. Hobson Mr. Nethercutt
Mr. Hoyer Mr. Taylor
Mr. Jackson Mr. Tiahrt
Ms. Kaptur Mr. Vitter
Mr. Kennedy Mr. Young
Ms. Kilpatrick Mr. LaHood
Ms. Kilpatrick
Mr. Latham
Mrs. Lowey
Mrs. Meek
Mr. Mollohan
Mr. Moran
Mrs. Northup
Mr. Obey
Mr. Peterson
Mr. Price
Mr. Regula
Mr. Rogers
Mr. Rothman
Ms. Roybal-Allard
Mr. Sabo
Mr. Serrano
Mr. Sherwood
Mr. Skeen
Mr. Sununu
Mr. Sweeney
Mr. Visclosky
Mr. Wamp
Mr. Wicker
Mr. Wolf
Full Committee Votes
Pursuant to the provisions of clause 3(b) of rule XIII of
the House of Representatives, the results of each roll call
vote on an amendment or on the motion to report, together with
the names of those voting for and those voting against, are
printed below:
ROLLCALL NO. 3
Date: July 9, 2002.
Measure: Treasury, Postal Service, and General Government
Appropriations Bill, FY 2003.
Motion by: Mr. Moran.
Description of Motion: To prohibit the use of funds to
establish, apply, or enforce any numerical goal, target, or
quota related to private sector competitions or private
contractor performance under OMB Circular A-76.
Results: Rejected 26 yeas to 30 nays.
Members Voting Yea Members Voting Nay
Mr. Boyd Mr. Aderholt
Mr. Cramer Mr. Bonilla
Ms. DeLauro Mr. Callahan
Mr. Dicks Mr. Cunningham
Mr. Edwards Mr. Doolittle
Mrs. Emerson Mr. Frelinghuysen
Mr. Farr Mr. Goode
Mr. Fattah Ms. Granger
Mr. Hinchey Mr. Hobson
Mr. Hoyer Mr. Istook
Mr. Jackson Mr. Kingston
Ms. Kaptur Mr. Knollenberg
Mr. Kennedy Mr. Kolbe
Ms. Kilpatrick Mr. LaHood
Mrs. Lowey Mr. Latham
Mrs. Meek Mr. Lewis
Mr. Mollohan Mr. Miller
Mr. Moran Mr. Nethercutt
Mr. Obey Mrs. Northup
Mr. Price Mr. Peterson
Mr. Rothman Mr. Regula
Ms. Roybal-Allard Mr. Rogers
Mr. Sabo Mr. Sherwood
Mr. Serrano Mr. Skeen
Mr. Visclosky Mr. Taylor
Mr. Wolf Mr. Tiahrt
Mr. Vitter
Mr. Wamp
Mr. Wicker
Mr. Young