[Congressional Record Volume 160, Number 109 (Monday, July 14, 2014)]
[House]
[Pages H6169-H6213]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2015
General Leave
Mr. CRENSHAW. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on H.R. 5016, and that I may include
tabular material on the same.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
The SPEAKER pro tempore. Pursuant to House Resolution 661 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the consideration of the bill, H.R. 5016.
The Chair appoints the gentleman from New York (Mr. Collins) to
preside over the Committee of the Whole.
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In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 5016) making appropriations for financial services and general
government for the fiscal year ending September 30, 2015, and for other
purposes, with Mr. Collins of New York in the chair.
The Clerk read the title of the bill.
The CHAIR. Pursuant to the rule, the bill is considered read the
first time.
The gentleman from Florida (Mr. Crenshaw) and the gentleman from New
York (Mr. Serrano) each will control 30 minutes.
The Chair recognizes the gentleman from Florida.
Mr. CRENSHAW. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I am pleased to present to the House the fiscal year
2015 Financial Services and General Government Appropriations bill.
This subcommittee has jurisdiction over a great number of programs
and activities, including the Federal Judiciary; the Treasury, which
includes the IRS; the Federal Trade Commission; the Federal
Communications Commission; the Small Business Administration; and
several other activities.
All the agencies under this subcommittee's jurisdiction play an
important role in the functioning of the Federal Government, and I
think it is appropriate that all the Members of the House have a chance
to offer germane amendments that impact the funding that is provided in
this bill.
The bill that we are considering today provides $21.3 billion in
discretionary funding, which is $566 million, or 2.6 percent less than
last year, and $2.3 billion, or 9.6 percent less than the request.
The subcommittee's allocation has been reduced, but it is one that is
necessary to live within the confines of the budget agreement that was
put together under the Ryan-Murray agreement. The allocation is
sufficient to fund priority programs while reducing some of the
programs that are not essential to the operation of the Federal
Government or have a history of wasting taxpayer resources.
One of the main provisions of this bill is funding for law
enforcement. The bill provides increased funding over fiscal year 2014
for several law enforcement activities.
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The High Intensity Drug Trafficking Areas program receives a $6.5
million increase. The Drug-Free Communities program receives a $3
million increase, and the Treasury's terrorism and financial
intelligence activities--they are the ones who develop and enforce
sanctions--receive an $18 million increase. In addition, we have ample
funding for the operations of the Federal judiciary and the D.C.
Courts. We also have money for the supervision of offenders and
defendants who are living in our communities.
Another priority for the bill is supporting small businesses and
assisting in private sector job creation. This bill provides $195
million for the Small Business Administration's business loan programs,
and that supports $18.5 billion of lending under a program called 7(a),
and it supports $7.5 billion under 504 lending. This bill also provides
increases over the current year for the Small Business Development
Centers. It provides increases for the Women's Business Centers and for
the Treasury's Community Development Financial Institutions Fund
program. In addition, this bill asks several of the regulatory agencies
to report to this committee and to tell us how they are doing as they
attempt to eliminate some of the burdensome, duplicative, and just
plain unnecessary regulations.
In order to live within our allocation, we had to reduce funding in
some areas. We actually eliminate funding for nine different programs,
including the Christopher Columbus Foundation and the Election
Assistance Commission. Those are activities that we feel are no longer
necessary or are certainly not vital to the operation of the Federal
Government. We further reduce funding for more than a dozen agencies
and programs that, in our opinion, can operate on a little bit less,
like the Bureau of the Fiscal Service, the Federal Trade Commission,
and the Federal Communications Commission.
For the GSA, we reduce their funding for the Federal buildings fund
by $240 million. We continue to require them to regularly report to us
on their spending and on the state of their building portfolio. The
bill provides the GSA with enough funds to operate their current
building inventory, and it provides new funding for three land port of
entry construction projects. We also continue to push the GSA to reduce
their surplus and vacant space. We designate some funding to help them
consolidate their projects and dispose of some of the projects, but we
make sure that they do that only if there are going to be savings in
the long run.
In an effort to increase transparency and accountability, we make the
Consumer Financial Protection Bureau, the CFPB, subject to the annual
appropriations process of this Congress. When Dodd-Frank set that
agency up, they purposefully left it without any oversight from this
Congress. We think that is not the best way to go. We think that that
is an agency that ought to report to us what they are doing, how they
are doing it, and how much money they are spending, and this bill will
correct that flaw.
The bill freezes funding for the White House and the Office of
Management and Budget. It includes a requirement that OMB submit the
President's budget request on time, which is something they have not
been able to do in the last couple of years, or they will face a
withholding of approximately 7 months of their budget until the
President's request is sent. In addition, the bill contains a
prohibition on funding for the White House to prepare signing
statements and executive orders which are contradictory to existing
law.
I would like to touch on the IRS. This committee still remains
outraged at some of the activities that we have seen from the IRS in
recent times. First, we learned that they were singling out individuals
and groups of individuals for additional scrutiny based on their
political philosophies. Then we learned that they had wasted millions
of dollars in having lavish conferences around the country and in
making silly videos. Then we learned that the new Commissioner paid $63
million in bonuses and awards after the prior Commissioner had said we
are not going to pay those. Then we find out that some of the people
who were receiving those bonuses and awards were, in fact, delinquent
in paying their own taxes. So,
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last year, we had some reforms on spending, and we had reforms on the
targeting, but work remains to be done.
This bill provides the IRS with $10.95 billion. That is $341 million
below the level last year, and it is $1.5 billion below their request.
Now, people say that is a pretty drastic cut, but that actually leaves
the IRS funded at the same level at which they were prior to 2008. We
have to remember that the IRS has betrayed the trust of the American
people in a lot of different ways, and it is going to take some time
for the IRS to restore that trust, because it seems like, just about
every week, we read about a new revelation of some sort of IRS
bureaucratic incompetence or, maybe, of a willful disregard for
existing law--or sometimes even both.
We want to make sure that they begin to clean up their act, and this
bill provides that they can no longer subject people to additional
scrutiny. They can't waste money on lavish conferences anymore, and
they can't pay bonuses and awards to people unless they at least
consider the conduct of that individual and whether or not that
individual is current on his taxes. We require a certain amount of
reporting from the IRS, and we require them to tell us how much
official time is being used on union activities.
We also have language in there of this new, revised regulation that
they have put forward regarding the definition of what is an
organization under 501(c)(4) of the Internal Revenue Code, which was a
rule that was promulgated based on the investigation that was taking
place about the abuse of singling out individuals. In our opinion, the
Treasury should wait until that investigation is conducted before any
kind of new rule has been proposed. The rule was withdrawn after there
were 150,000 comments, and a lot of those comments came from all sides
of the political spectrum. We think there is plenty for the IRS to do
in terms of time, in terms of energy, in terms of money before they
spend that in trying to write a new rule. We also found out just
recently that, while the IRS asks us to keep our records for 7 years,
they couldn't keep their records for more than 7 months, so there is a
provision in here that says they can't destroy any of their records if
it is outside existing law.
Finally, I want to say something about the Affordable Care Act. This
committee believes that the IRS should not have a role in implementing
the individual mandate of the Affordable Care Act. The IRS, as I said,
has betrayed the trust of the American people. There is not much trust
in the IRS today. People don't trust the IRS with their taxes, and they
are certainly not going to trust the IRS with their health care. At a
time when the IRS hasn't demonstrated much ability to either self-
correct or self-police, the bill says that they can't spend any money
to implement the individual mandate of the Affordable Care Act and that
they also can't transfer any money to fund it from the Department of
Health and Human Services.
That is it in a nutshell, Mr. Chairman. I think this is a good bill.
It takes the money that we have and makes some tough choices, sets the
right priorities, and spends money in a wise and efficient way.
I want to thank all of the members of the subcommittee for the work
that they have put in. I want to thank our staffs--both the majority
and minority staffs--for the work that they have put in.
I want to say a special word of thanks to the ranking member, Mr.
Serrano, the gentleman from New York. His input has made this a better
bill. Even though he thinks there should be more money and he doesn't
agree with everything that is in the bill, he has been a great partner
to work with in the spirit of cooperation and particularly in an effort
to make sure that we return to regular order, where the appropriations
bills are brought before this House, so I want to thank him for that.
With that, Mr. Chairman, I reserve the balance of my time.
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Mr. SERRANO. Mr. Chairman, I yield myself such time as I may consume.
I am saddened to have to rise in opposition to this legislation
today. As a long-time appropriator, I remember the days when we were
always able to come together to determine the funding levels for our
government in a bipartisan manner and with little partisan warfare.
Unfortunately, this bill is not a product of those times.
I do not say this to blame Chairman Crenshaw or Chairman Rogers, as
they have always listened to the concerns that our side has had and
have tried to accommodate us when they could. Mr. Crenshaw is a great
working partner, and he knows that that famous line is really true in
this case: it is not personal; it is about this issue. There are many
things we have been able to agree on as a result, but they have also
been forced to listen to a portion of their caucus that is not
interested in the business of governing, and as a result, the good
portions of this bill are overwhelmed by the problems that this
legislation has.
Let me discuss just a few of the more serious shortfalls of this
bill, starting with a seriously inadequate allocation. This
subcommittee received an unacceptably low 302(b) allocation that is
$566 million below last year's bill. Percentage wise, this is a cut of
2.6 percent, a level that no other subcommittee has been forced to
take. The result is that there are several agencies in this bill that
are not funded properly.
Primary among these is the Internal Revenue Service. The IRS is
funded at $10.95 billion, a cut of $341 million below last year. This
means the agency would operate at a level that is below sequestration--
funding levels that were already grossly inadequate. I assume this is
being done both as some sort of collective punishment of the Exempt
Organizations unit for the problems associated with their scrutiny of
liberal and conservative 501(c)(4) organizations, and as one final
attempt to hinder the implementation of the Affordable Care Act. We
already heard from the chairman that they don't think this committee
should be involved with the Affordable Care Act. We keep forgetting
that it was passed by both Houses, signed by the President and upheld
by the Supreme Court. These actions are irresponsible, and they do more
to hurt the American people than does the IRS. Rather than investing in
further training to prevent the problems that happened previously or
ensuring that we have the resources to go after tax cheats, the
majority has chosen to play politics with the agency that brings in the
vast majority of our Nation's revenue. Unfortunately, these funding
levels will prevent the agency from collecting money from tax cheats,
expand the tax gap, and increase our deficit. Talk about fiscal
irresponsibility.
The Securities and Exchange Commission is also severely underfunded
at a level of $1.4 billion. This is $300 million below the request and
is simply insufficient to allow the agency to properly oversee Wall
Street and protect investors, including many retirees who have 401(k)
and pension plans that are invested in the marketplace. Both parties
have created additional responsibilities for the SEC in recent years,
but funding has not kept pace. If we keep asking the agency to do more
with less, then we cannot be surprised if we experience another
financial crisis.
There are numerous other cuts to the bill that are harmful as well,
including the elimination of the Election Assistance Commission, cuts
to the Consumer Product Safety Commission, the Federal Communications
Commission, and the General Services Administration, all of which have
negative impacts on the operations of our Federal Government and
private sector job growth. However, I believe that the biggest
impediment to reaching compromise on this bill is the large number of
partisan riders that have been added. Let me name just a few of the
more excessive, all of which are major concerns to our side of the
aisle.
There are riders preventing the IRS from implementing the Affordable
Care Act and from reforming the 501(c)(4) regulations, which have
caused so much confusion and abuse. There is a rider limiting
Americans' ability to travel to Cuba on people-to-people visas.
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There is a rider preventing the SEC from requiring publicly-traded
companies to disclose their campaign donations to their shareholders,
even though there is no indication that the agency has plans to do so.
There is a rider that prevents the provision of abortion services in
multistate health plans under the Affordable Care Act.
There are riders preventing the District of Columbia from using its
own funds to provide legal abortion services to low-income women and to
determine its own local criminal justice laws with regard to marijuana.
This is, by no means, an exhaustive list. The number of riders on
this bill seems endless. I have no doubt that we will be asked to add
even more to this list during debate on this bill.
Before we do that, I would point out that we have spent a lot of time
this year discussing how to ensure a return to regular order in the
appropriations process. I would suggest that it is extremely difficult
to do so when the majority attempts to pack legislation with a laundry
list of partisan priorities.
This is irresponsible governing, at best, and they make a mockery of
one of this institution's most important functions, to fund the Federal
Government.
When we choose politics over the needs of the American people, we
should not be surprised when those same people become cynical about
their elected representatives. The appropriations process is not and
should not be the place to add every partisan priority that the other
side cannot pass through the regular legislative process.
I feel confident that the American people would rather just have us
get on with our jobs, instead of rehashing the same arguments over the
Affordable Care Act, Dodd-Frank, and many other issues.
Our side will attempt to remedy some of these defects through the
amendment process; although with the inadequate allocation, it will be
difficult to do so. Unfortunately, as it is currently written, this is
not a bill that I can support.
Before I finish, let me take a moment to thank the staff on both
sides of the aisle for their hard work on this bill. They have all
devoted many hours to creating this bill and report, and I know I speak
for all the Members on our side when I say that we are grateful for the
hard work that they have put into this bill.
Mr. Chairman, I reserve the balance of my time.
Mr. CRENSHAW. Mr. Chairman, I yield 5 minutes to the gentleman from
Kentucky (Mr. Rogers), the chairman of the full Appropriations
Committee.
Mr. ROGERS of Kentucky. I thank the gentleman for yielding.
Mr. Chairman, I urge Members to support this bill. This is a good
bill. It provides $21.3 billion to fund many, many important programs
and services that help our government function and our economy grow.
For example, the bill includes $862 million for the Small Business
Administration, to assist our small businesses--and we all know those
small businesses are the backbone of our economy--to help them prosper.
It also includes $6.7 billion for our Federal courts, to ensure the
faithful execution of our laws and the timely processing of Federal
cases.
The bill also demonstrates a commitment to keeping poor-performing or
misbehaving agencies and programs in check. It cuts funding for the
IRS, as the chairman has said, by $341 million from last year, nearly
12 percent below the President's request.
This funding level will allow the agency to perform its core duties,
but will require IRS management to streamline and make the very best
use of its allocated dollars.
We have also included language that will help ensure that each and
every dollar spent by the IRS is spent legally, responsibly, and
appropriately. For instance, the bill prohibits funding for the
production of inappropriate videos and conferences that many of us have
seen on television and for employee bonuses or awards, unless their
performance is considered.
The bill also prohibits funding for the IRS to implement the
ObamaCare individual health care mandate on the
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American people. In light of the chaotic and dysfunctional rollout of
the Affordable Care Act, I don't see how, in good conscience, we can
possibly allow the IRS to fine American citizens when many are just
trying to comply with this flawed law.
Due to the past inappropriate actions by the IRS, we have also
prohibited funding for certain activities to prevent a repeat of these
abuses, including targeting individuals based on their political
beliefs, determining the tax-exempt status of organizations under
501(c)(4), and several other provisions that will help preserve the
First Amendment rights of all Americans.
The bill is designed to make sure the government works for the
people, not against the people or our laws. Bill-wide, the bill
includes stringent oversight, accountability, and transparency measures
to make sure each and every agency toes the line.
This includes prohibitions on funding for the Executive Office of the
President to prepare signing statements and executive orders that
contradict existing law and a provision that will bring the Consumer
Financial Protection Bureau and the Office of Financial Research under
the annual appropriations process, so we can have oversight for the
American people, ensuring that these agencies will remain accountable
to the taxpayer.
These actions fulfill our congressional duty to the American people,
to act as faithful shepherds of Federal tax dollars, to force these
agencies to respect our laws and our budgets, and to encourage a more
streamlined, efficient Federal Government.
Now, I want to take a minute to thank Chairman Crenshaw and Ranking
Member Serrano for their dedicated work on this bill. This is a tough
bill to write.
In fact, this is the first time, Mr. Chairman, that the Financial
Services bill has been brought to the floor, I think, since 2007,
roughly; and so these gentlemen and the staff and members of their
subcommittee--and gentleladies--have worked hard. They have worked
together.
I know Mr. Serrano is not perfectly happy with every provision in the
bill. None of us are perfectly happy with it either.
However, we need to thank them for their hard work. We appreciate it
very much--and the staff, of course, who labored mightily to bring this
bill out.
This legislation, I think, reflects commonsense decisions to
prioritize programs and services that are effective, efficient, and
responsible with taxpayer dollars. I urge all the Members to support
it.
Mr. SERRANO. Mr. Chairman, I yield 5 minutes to my colleague from New
York (Mrs. Lowey), the ranking member of the full committee.
Mrs. LOWEY. Mr. Chairman, I rise in strong opposition to the bill,
which fails to prioritize the middle class, create jobs, and provide
opportunity for every citizen to succeed, yet it contains a misguided
political agenda, unworkable funding levels, and unnecessary riders
that inhibit agencies' ability to crack down on special interest
abuses.
For our economy to succeed, investors must have faith that regulators
do their jobs, especially when we are still recovering from the
economic harm caused by risky industry practice, yet this bill could
put mom-and-pop investors and our entire economy at risk with
inadequate funding authority for the SEC at $300 million below the
request.
This is outrageous when you consider that the SEC's funding does not
take a dime of U.S. taxpayer dollars or impact the deficit in any way
because it is entirely fee-funded.
In the last fiscal year, due to budget constraints, the SEC examined
only about 9 percent of registered investment advisers. The number of
investment advisers has increased by 40 percent over the past decade,
and assets under management have more than doubled, yet the SEC's
funding has not kept up with the need.
It is clear this bill should do more to protect investors and ensure
that industry does not resume practices that endanger Americans' hard-
earned money.
This bill would cut the IRS budget by more than $340 million, to
below fiscal year 2008 levels. These cuts would force the IRS to
operate with 9,500 fewer staff.
The rate of response for taxpayers who call the IRS for assistance,
which is currently a dismal 61 percent, would fall to less than 50
percent. Small business owners, taxpayers would waste their time on
hold, instead of using that time to focus on strengthening their
businesses and the economic security of their families or creating
jobs. Disturbingly, these cuts would result in $2 billion in
uncollected revenue compared to the request level.
While actions at the IRS warrant further oversight and reform, these
cuts are excessive. The IRS should receive the resources it needs to
train its workforce to uphold the highest standards, not cut it for the
sake of making a political point.
These IRS cuts will only make it easier for tax cheats to go
undetected and more difficult for law-abiding taxpayers to get
assistance.
Other troublesome measures attempt to dictate local government
decisions for Washington, D.C., and prohibit implementation of health
reforms that have given millions of Americans affordable health
coverage for the first time. It is also full of riders that
unnecessarily involve women's health, needle exchanges, even a denial
of funds for D.C. voting rights.
If Congress imposed these demands on any other area of the country,
and particularly areas represented by some of my Republican friends, I
expect many would yell from the rooftops that the Federal Government
was imposing on your way of life and in your local decisions. These
efforts are unfair to the citizens of Washington, D.C.
What frustrates me most is that my Republican friends know that
government agencies cannot function at the levels they would impose,
but would rather vote to slash funding even lower because it suits
their political purposes. Our constituents deserve better than this
cynical political exercise.
Vote ``no'' on this shameful bill that prioritizes special interests
over the middle class.
Mr. CRENSHAW. Mr. Chairman, I yield 3 minutes to the gentleman from
Arkansas (Mr. Womack), a valued member of the subcommittee.
Mr. WOMACK. Mr. Chairman, thanks to my chairman of this very
important subcommittee for giving me the opportunity to speak on behalf
and even a friendly gesture to my friend from New York down there, who
reminds me, from time to time, about the Yankee dominance in baseball.
It is great to have his association on this committee.
Mr. Chairman, our subcommittee is aware of our Nation's fiscal
situation, and we closely evaluated the budget requests for the diverse
group of agencies funded in this bill. We held numerous hearings. We
listened to the agencies about their priorities and needs. We
challenged them with tough questions that reflect the realities of the
choices we, as appropriators, have to make on a daily basis.
Using this information, Mr. Chairman, the subcommittee produced a
bill that provides a little over $21 billion in total funding and sees
to it that every agency funded under the bill can carry out its core
functions.
Take, for example, our Federal courts which, because of this bill,
will have the resources they need to ensure that our courtrooms are
safe and justice is served; or the Small Business Administration, which
will be able to make entrepreneurs' dreams become a reality, leading to
new business, more jobs, thriving communities, and a 21st century
economy with the funds that the agency receives through this
legislation.
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Mr. Chairman, as Members of Congress, and especially as
appropriators, we have an obligation to carefully steward each and
every taxpayer dollar, and in this bill, transparency and
accountability rule the day.
In this bill, the CFPB, an agency that has operated in the shadows
with unfettered power and no accountability, is brought under the
appropriations process. Agencies, Mr. Chairman, that have violated the
public's trust and misused taxpayer dollars, such as the GSA and the
IRS, they are held accountable. As an example, the IRS budget is
returned to below fiscal 2008 levels, ensuring the agency does not have
extra funding to target Americans
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based on their political beliefs without hampering the IRS' ability to
enforce our Nation's tax laws.
In closing, Mr. Chairman, I commend the gentleman from Florida,
Chairman Crenshaw, and the subcommittee staff for producing a bill that
is worthy of this Chamber's support. I urge my colleagues to join me in
supporting this important legislation.
Mr. SERRANO. Mr. Chairman, the gentleman mentioned baseball. I would
like to remind folks that we are so committed and dedicated to our job
that we are not watching the Home Run Derby right now.
With the way we treat Washington, D.C., you would think we were
members of the city council. But I am going to shock everyone by
actually yielding 2 minutes of time to the gentlewoman from Washington,
D.C. (Ms. Norton), who was elected by the folks from D.C.
Ms. NORTON. I thank my friend for yielding and for his work, and I
thank my friends from Florida and from New York for their work on the
D.C. portion and regret that two riders mar that portion of the bill.
Mr. Chairman, Congress disallows Federal money for abortions, but 17
States assert their local prerogative to do so in our Federal Republic,
which treasures local autonomy above all.
Congress maintains that marijuana must be criminally penalized, but
18 States have taken State leadership to decriminalize marijuana. The
administration's Statement of Administration Policy respects D.C.'s
equal right to do what 18 States have already done, and so should this
House.
The abortion ban deprives D.C.'s low-income women of the reproductive
rights exercised by other American women. And the marijuana
decriminalization law deprives African Americans in the District of
equal rights under the law.
Yet Blacks and Whites use marijuana at the same rate, but 90 percent
of those arrested for possession in D.C. are Black. A Black kid in
America with a ``drug conviction'' has his life ruined.
Abusing pot is a bad idea, but penalizing it is worse.
D.C. puts fines collected from civil violations of its new law in a
substance abuse prevention and treatment fund. A D.C. bill authorizes
public education on marijuana use and abuse. That beats what most
decriminalization jurisdictions have done.
The gentleman from Maryland, Andy Harris, the sponsor of this bill,
has suspended his own professed State devolution principles. This House
should not follow him.
Mr. CRENSHAW. Mr. Chairman, at this time, I yield to the gentleman
from Arizona (Mr. Gosar) for a colloquy.
Mr. GOSAR. I thank the chairman for yielding.
Mr. Chairman, I rise today to thank Chairman Crenshaw and, indeed,
Ranking Member Serrano for their leadership and the hard work that they
have dedicated to the subcommittee.
I would further like to thank the committee for including in the
markup a language request I made during the programmatic request
period. The policy I mentioned would preclude the agencies funded by
this bill from hiring or contracting with outside organizations for the
purpose of teaching the employees of those agencies how to support or
defeat legislation being considered here in Congress.
I first learned of this practice when reviewing Senator Tom Coburn's
annual Wastebook and found that NASA and other agencies had
multimillion-dollar contracts out so that their employees could learn
more about Congress and the legislative process.
Though I appreciate anyone's interest in Congress and the processes
involved with conducting legislative business, I do not find this a
prudent use of taxpayer money. So today I humbly request that, in any
conference committee proceedings between the House and Senate, the
chairman push to include such language in the government-wide
provisions title of any final bill that would be voted upon by both
Chambers rather than limiting this policy to those agencies funded
directly by this bill.
It is important to me and to my constituents that Congress does not
appropriate any money to Federal agencies so that those Federal
agencies can use the money to pay outside organizations to teach agency
personnel to support or defeat legislation before Congress or so that
they may learn about the legislative process.
There are endless no-cost resources available on legislative process,
committee memberships, budget outlays, and the like. My office has
taken meetings with representatives from many agencies, and during
those meetings, those agency representatives are free to ask about the
legislative process. It should not take multimillion-dollar contracts
and symposiums to achieve these ends.
Again, I thank the chairman and the ranking member for their work and
their consideration of this request.
Mr. CRENSHAW. Well, I thank the gentleman for yielding and engaging
in this colloquy. I also thank him for his leadership on this
particular issue and for making great strides regarding the rooting out
of government waste, fraud, and abuse. The committee did include the
language in question, and we were happy to do so.
As the gentleman stated, this type of practice surely fits within the
same realm of government propaganda which is barred by law. When the
conference committee is selected and meets to discuss all spending
programs and priorities, I will work to see the gentleman's request is
considered appropriately and amongst all conferees.
So again, I thank the gentleman for his efforts. I look forward to
working with him on this item and others.
I reserve the balance of my time.
Mr. SERRANO. Mr. Chairman, may I inquire as to how much time remains
on both sides.
The CHAIR. The gentleman from New York has 16 minutes remaining, and
the gentleman from Florida has 8\1/2\ minutes remaining.
Mr. SERRANO. Mr. Chairman, I yield 2 minutes to the gentleman from
Rhode Island (Mr. Langevin) for the purpose of a colloquy.
Mr. LANGEVIN. Mr. Chair, I want to thank Ranking Serrano for
providing me the opportunity to enter into a colloquy on the topic of
cybersecurity, specifically, SEC disclosure guidance relating to
cybersecurity risks and cyber incidents. This is an issue that is of
critical importance not only to our national security, but also to our
economic security, affecting every American consumer and investor.
It is no secret to anyone here that the challenges we face in the
cyber realm are immense. Certainly, the news is rife with attacks, be
it the massive Target breach of personal information by cyber
criminals, Iran's reported denial-of-service attacks on U.S. banks, or
the recently disclosed ongoing attacks on the hedge fund industry. The
Center for Strategic and International Studies recently estimated that
almost 1 percent of global income, or $445 billion, is lost each year
to cyber crime and economic espionage. That is a stunning tally, yet
such costs are rarely, if ever, reflected in financial statements.
Protecting intellectual property, trade secrets, and custom
information must be a priority for government, corporations, and
consumers. I know this is a concern of yours, and I hope it is of equal
concern to the committee.
Institutional investors, consumers, private investors, and public
pension funds need sufficient information to make informed decisions
concerning a firm's cyber controls, just as Members of Congress and our
staffs must have access to the best information possible to conduct
proper oversight and make the best public policy decisions.
The committee rightfully points out that ``corporate disclosures are
at the core of investor protection''; however, there are real questions
about the disclosures that companies are making to their boards and
shareholders regarding their vulnerabilities in cyberspace. While the
SEC made some limited efforts in 2011 with cybersecurity, there is no
finish line. So it is incumbent on all of us to continue evolving as
the threat evolves.
In my current positions on the Armed Services and Intelligence
Committees, I devote a significant amount of time to tackling this
continuing problem. I remain extraordinarily concerned about the
systematic and wholesale theft of corporate property for economic
advantage.
The CHAIR. The time of the gentleman has expired.
Mr. SERRANO. I yield the gentleman an additional 15 seconds.
[[Page H6180]]
Mr. LANGEVIN. I firmly believe that we need to do more as a country
to secure our Nation against the threat of cyber penetrations and
attacks, and we must do more so that investors can have the very best
information available when making their investment decisions.
I yield to the gentleman from New York for any comments he would
have.
Mr. SERRANO. I thank the gentleman for bringing this issue to our
attention.
The CHAIR. The time of the gentleman has again expired.
Mr. SERRANO. I yield myself such time as I may consume.
Cybersecurity is of critical importance to our national security and
our economic security. I look forward to working with you as we move to
conference to ensure that the SEC can effectively address cybersecurity
issues.
I yield 15 seconds to the gentleman from Rhode Island to close.
Mr. LANGEVIN. I thank you, Ranking Serrano, for your continued
interest in this issue. I look forward to working with you as we move
to conference to ensure that the SEC has the tools necessary to update
their cybersecurity disclosure guidance and that the SEC includes an
update on cybersecurity disclosure guidance in the report to the
committee.
Mr. CRENSHAW. I will continue to reserve the balance of my time.
Mr. SERRANO. Mr. Chairman, I yield 1 minute to the gentleman from
Tennessee (Mr. Cohen) for a colloquy.
Mr. COHEN. I thank the gentleman for yielding.
Mr. Chairman, I rise on the provision in this bill that would deny
the D.C. Council the right to have a different policy on marijuana than
they have had in the past.
I can understand politically the other side not wanting the people of
D.C. to have Senators and Reps because the likelihood is they would be
Democrats, but not to let them have self-rule smacks of colonialism,
colonialism that is of another era, colonialism that is of the days of
Jim Crow.
To not allow D.C. to have the right to pass their own laws and to
have the same opportunity to have laboratories of democracy, as Louis
Brandeis talked about, is wrong. What it will do is it will not stop
teens from doing marijuana, but it will put more teens in jail with a
scarlet letter and an expense and maybe prevent them from having the
opportunity to get a scholarship, housing, and a job.
It is against the wrong side of history for them to stop D.C.'s
Council from having the authority and for putting African Americans,
who are disproportionately affected, in jail and ruining their lives. I
object to what has been included and wish that they would reconsider.
Mr. CRENSHAW. I will continue to reserve the balance of my time.
Mr. SERRANO. Mr. Chairman, I would just like to take a second in
closing to say that Mr. Cohen's comments were very well taken. I think
the mistake we make here is that we continue to add riders to this
bill, and a lot of riders in the past had to do with Washington, D.C.
Now, as I have said on many occasions, for me, this is more than a
legislative issue. It is a personal issue. I was born in Puerto Rico,
raised in New York, and at times I haven't been pleased with the
relationship and the way Puerto Rico has been treated by this Federal
Government.
So I would just hope that, as we go along, people will continue,
continue, continue to realize that the District of Columbia has its own
folks, its own elected officials at the local level, and they should be
able to conduct their own business.
Lastly, we do this because this country that we love so well and this
country that I love so well and that we serve on a daily basis should
not treat any segment of its citizens in a different way than it treats
other people. I realize that we have a constitutional responsibility,
but we don't have to misuse that responsibility.
I yield back the balance of my time.
Mr. CRENSHAW. I yield back the balance of my time.
Mr. ISSA. Mr. Chair, I rise in support of Chairman Crenshaw and this
bill.
This bill is a first step toward holding the IRS accountable for its
targeting of conservative tax-exempt applicants for their political
beliefs.
The Oversight and Government Reform Committee is conducting a
thorough investigation of the IRS targeting.
This investigation is ongoing. But from what we know so far, it is
clear that the IRS is in serious need of reform.
We have found an agency that worked in fall 2010 to target
conservative tax-exempt groups in wake of the President's campaign
against the Supreme Court case, Citizens United.
We have found an agency that called these conservative groups ``very
dangerous'' and put them through an unprecedented ``multi-tier''
review.
We have found an agency that coordinated with the Justice Department
in October 2010 about the prosecution of tax-exempt groups for their
political speech activities.
We have found an agency that sent a 1.1 million-page registry,
including confidential taxpayer information, to the FBI.
We have found an agency that has been politicized by its excessive
role in a highly partisan law, ObamaCare.
We have found an agency that mysteriously lost two years of e-mail
records and an agency that cautions its employees about what they say
in e-mail for fear of congressional oversight.
In short, we have found an agency that has become a arm of the Obama
Administration rather than an independent administrator of federal tax
law.
This bill takes the first steps toward making the IRS work for the
American people.
This bill will ensure that the IRS will never again target tax-exempt
applicants for their political beliefs.
This bill will prevent the IRS from finalizing a proposed rule that
would make permanent in federal regulations its targeting of
conservatives.
This bill will also cut back on the misuse of taxpayer dollars for
inappropriate conferences and employee bonuses.
Most importantly, Mr. Chair, this bill will begin the long road
toward restoring public trust and accountability in the Obama IRS.
I applaud Chairman Crenshaw for his leadership and I urge my
colleagues to support this bill.
Mr. TERRY. Mr. Chair, I speak today regarding section 131 of the
Financial Services and General Government Appropriations Act, 2015.
This section is a very important provision that requires the Treasury
to report to Congress each month on the number of individuals who have
failed to pay their Obamacare insurance premiums.
Earlier this year the House passed my bill, H.R. 3362, the Exchange
Information Disclosure Act--which also sought basic information on the
exchanges.
This should be easy.
What we're talking about today is basic transparency and
accountability.
We are asking for information that any entity overseeing a health
insurance operation should have at the tip of their fingers at all
times.
If my friends on the other side of the aisle are so confident about
health care reform, this will prove it's working as intended.
The CHAIR. All time for general debate has expired.
Pursuant to the rule, the bill shall be considered for amendment
under the 5-minute rule.
During consideration of the bill for amendment, each amendment shall
be debatable for 10 minutes, equally divided and controlled by the
proponent and an opponent, and shall not be subject to amendment. No
pro forma amendment shall be in order except that the chair and ranking
minority member of the Committee on Appropriations, or their respective
designees, may offer up to 10 pro forma amendments each at any point
for the purpose of debate. The Chair of the Committee of the Whole may
accord priority in recognition on the basis of whether the Member
offering an amendment has caused it to be printed in the portion of the
Congressional Record designated for that purpose. Amendments so printed
shall be considered read.
The Clerk will read.
The Clerk read as follows:
H.R. 5016
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2015, and for other purposes, namely:
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices
including operation and
[[Page H6181]]
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, when
necessary for the performance of official business,
$175,000,000: Provided, That, of the amount appropriated
under this heading--
(1) not to exceed $2,000,000 is for the Office of the
Secretary/Deputy Secretary;
(2) not to exceed $2,000,000 is for the Office of
Legislative Affairs;
(3) not to exceed $200,000 is for official reception and
representation expenses;
(4) not to exceed $258,000 is for unforeseen emergencies of
a confidential nature to be allocated and expended under the
direction of the Secretary of the Treasury and to be
accounted for solely on the Secretary's certificate; and
(5) up to $21,000,000 shall remain available until
September 30, 2016.
{time} 2000
Amendment Offered by Mr. Sessions
Mr. SESSIONS. Mr. Chairman, I have an amendment at the desk.
The CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 2, line 17, after the dollar amount, insert ``(reduced
by $1,750,000)''.
Page 152, line 15, after the dollar amount, insert
``(increased by $1,750,000)''.
The CHAIR. Pursuant to House Resolution 661, the gentleman from Texas
and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Texas.
Mr. SESSIONS. Mr. Chairman, I want to thank the young chairman of the
subcommittee, the gentleman from Florida (Mr. Crenshaw) for not only
his great work that he has done on this bill but also presenting this
bill before the Rules Committee along with the gentleman, Mr. Serrano,
who not only ably spoke about their bill but defended its process and
the attempt that they are trying to make today to pass this into law.
Mr. Chairman, my amendment will reduce Department of the Treasury
funding for salaries and expenses of departmental offices by 1 percent.
This $1.75 million cut will not only reasonably save the government
much-needed funds but will also send a clear signal to the Treasury
Department that they must take seriously their oversight
responsibilities over the Office of the Comptroller of the Currency,
known as the OCC.
I have been engaged in a process on behalf of a constituent of mine
for a number of years, and I am here finally on the floor today as a
result of frustration and what I think is an outright lack of
effectively doing their job in the OCC.
Beginning in 2007, the OCC opened an action against T Bank, NA, with
regard to their relationship with a payment processor, specifically
investigating the bank's CEO, a gentleman from Dallas, Texas, Patrick
Adams. The investigation culminated in a trial before an administrative
law judge. That administrative law judge was picked specifically by the
OCC as the administrative judge.
On November 8, 2012, the judge recommended that all charges brought
by the Comptroller of the Currency against Mr. Adams be dismissed on
November 8, 2012. Most disturbing is that the Comptroller has refused
to render a decision, leaving Mr. Adams all this time in legal limbo.
12 CFR 109.40 clearly states the Comptroller ``shall render a final
decision within 90 days after notification of the parties that the case
has been submitted for final decision.''
Despite being required by law, the Comptroller has refused to render
a final decision 15 months after the official submission by the
administrative judge. Instead, the Comptroller has extended the 90-day
period four times, most recently in May of this year. The Code of
Federal Regulations provides no avenue for the Comptroller to extend
such a decision.
I believe this delay represents a significant deficiency in the
operations of an agency under the purview of the Treasury Department.
Mr. Chairman, I will tell you that I have tried to work tirelessly
through this problem with the gentleman from Dallas, Texas, my
constituent, and it is the Federal Government, through the OCC, who
refuses to abide by a decision made by an administrative judge that
they chose and has waited 15 months, holding this gentleman in limbo at
a time of his life when he has spent millions of dollars to protect
himself against the Federal Government, and the administrative judge
ruled against the Federal Government.
Mr. Chairman, it is time that the OCC do their job. And since they
are not, I am here on the floor today, and I am asking Members of this
body to take the action that is necessary, regular, and, I consider,
reasonable. So I urge all of my colleagues to support this amendment.
Mr. Chairman, I would yield, at this time, to the gentleman from
Florida (Mr. Crenshaw), the subcommittee chair.
Mr. CRENSHAW. I thank the gentleman for yielding, and I just want to
thank him for bringing this to our attention and let him know that I am
happy to support this amendment.
Mr. SESSIONS. I thank the gentleman. And, Mr. Chairman, I want you to
know that I would appreciate not only his help, but also the help of
the inspector general of the Treasury Department, who has been advised
of this circumstance, and we are waiting for their final decision. Even
though it is 15 months late, I believe we should move forward and take
the $1.7 million away from an agency that does not live within the law.
Mr. Chairman, I yield back the balance of my time.
Mr. SERRANO. Mr. Chairman, I rise in opposition to the amendment.
The CHAIR. The gentleman from New York is recognized for 5 minutes.
Mr. SERRANO. Mr. Chairman, I rise to oppose the amendment.
Mr. Chairman, departmental salaries and expenses of Treasury have
already been cut by $17.4 million this year as compared to last year.
That includes the departmental offices account. That means that this
portion of the bill is 4.4 percent below what the administration
requested.
Mr. Chairman, there is no need to cut it any further. I urge my
colleagues to oppose this amendment, and I yield back the balance of my
time.
The CHAIR. The question is on the amendment offered by the gentleman
from Texas (Mr. Sessions).
The amendment was agreed to.
The CHAIR. The Clerk will read.
The Clerk read as follows:
office of terrorism and financial intelligence
salaries and expenses
(including transfer of funds)
For the necessary expenses of the Office of Terrorism and
Financial Intelligence to safeguard the financial system
against illicit use and to combat rogue nations, terrorist
facilitators, weapons of mass destruction proliferators,
money launderers, drug kingpins, and other national security
threats, $120,000,000: Provided, That of the amount
appropriated under this heading: (1) not to exceed
$28,000,000 is available for administrative expenses; and (2)
$15,000,000, to remain available until September 30, 2017:
Provided further, That the unobligated balances of prior year
appropriations made available for terrorism and financial
intelligence activities under the heading ``Department of the
Treasury--Departmental Offices--Salaries and Expenses'' shall
be transferred to, and merged with, this account.
Amendment Offered by Mr. Grayson
Mr. GRAYSON. Mr. Chairman, I have an amendment at the desk.
The CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 3, line 16, after the dollar amount, insert
``(increased by $5,000,000).''
Page 4, line 21, after the first dollar amount, insert
``(decreased by $5,000,000).''
The CHAIR. Pursuant to House Resolution 661, the gentleman from
Florida and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Florida.
Mr. GRAYSON. Mr. Chairman, I want to thank my colleague from Florida
and the gentleman from New York for consideration of this amendment.
Mr. Chairman, budgets are about choices. We have a choice to make
here that is an interesting one, and I wanted to point it out in the
form of presenting this amendment.
The Office of Terrorism and Financial Intelligence is one of the most
important functions of the Treasury Department. Economic and trade
sanctions are issued and enforced by the Office of Terrorism and
Financial Intelligence, and they protect the financial system from
criminal and illicit activities and counteract national security
threats from drug lords, terrorists, weapons of mass destruction,
[[Page H6182]]
proliferators, and rogue nations, among others.
In addition to that, this office provides vital analysis with regard
to foreign intelligence and counterintelligence across all elements of
the national security community. I think it is fair to say that this
office has done excellent work in connection with the Iran Sanctions
Act, which is an act within the jurisdiction of my committee, the
Foreign Affairs Committee.
The committee involved here directs the Department of the Treasury to
post online and disseminate publicly those companies that are not
compliant with the Iran Sanctions Act as well as any foreign entities
doing business with the Iran Revolutionary Guard Corps. In addition to
that, this office has done excellent work with regard to cutting back
on the threat of genocide in Sudan, South Sudan, the Central African
Republic, and the Democratic Republic of the Congo.
Despite the essential functioning of this office for the purpose of
our carrying out American foreign policy, this office has a budget of
only $120 million for the entire year. I contrast that with the budget
being proposed of $158 million for the Treasury Inspector General for
Tax Administration.
In short, we are spending, or proposing to spend, $38 million more
for the Treasury inspector general to inspect the IRS than we are
proposing to spend for the Treasury to carry out its essential
functions of economic trade and trade sanctions. These functions
basically make our troops safe and keep America safe. Without the
economic sanctions that we imposed against Iran, we might see American
troops fighting today in the Middle East. It is essential and important
that these functions be carried out without being curtailed for a lack
of money.
I don't suggest that we equalize these two accounts, although I think
a good argument could be made to do that. Rather, I suggest that we
reduce the disparity between these two accounts by adding $5 million to
allow the Office of Terrorism and Financial Intelligence to carry out
its essential functions for U.S. foreign policy and reduce the Treasury
Inspector General for Tax Administration budget by a corresponding $5
million.
Again, budgets are about choices. I think that our national security
is our number one priority, and I think that whatever may be that is
being done by the Treasury inspector general to investigate the IRS, it
can wait as long as that money is needed to keep America safe.
With that, Mr. Chairman, I reserve the balance of my time.
Mr. CRENSHAW. Mr. Chairman, I rise in opposition to the amendment.
The CHAIR. The gentleman from Florida is recognized for 5 minutes.
Mr. CRENSHAW. Mr. Chairman, I rise in opposition to this amendment
because the bill strongly supports the Treasury's Office of Terrorism
and Financial Intelligence and actually provides $14 million above the
request, and that is to make sure there are robust and forceful
sanction programs. This bill also supports the TIGTA. It provides
$581,000 above the request to ensure that the inspector general can
keep a careful and close eye on the IRS activities.
So I appreciate the gentleman's support for the TFI, but it cannot
come at the expense of the IRS watchdog. Everyone knows what has been
happening with the IRS, and we need a strong IG to oversee the IRS.
They are doing good and much-needed oversight, and the bill already
provides Treasury's financial intelligence programs with a significant
increase.
So, Mr. Chairman, I would encourage my colleagues to vote ``no'' on
the amendment. I yield back the balance of my time.
Mr. GRAYSON. Mr. Chairman, I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from Florida (Mr. Grayson).
The amendment was rejected.
The Clerk will read.
The Clerk read as follows:
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $35,351,000, including hire of passenger motor
vehicles; of which not to exceed $100,000 shall be available
for unforeseen emergencies of a confidential nature, to be
allocated and expended under the direction of the Inspector
General of the Treasury; and of which not to exceed $1,000
shall be available for official reception and representation
expenses.
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General
for Tax Administration in carrying out the Inspector General
Act of 1978, including purchase and hire of passenger motor
vehicles (31 U.S.C. 1343(b)); and services authorized by 5
U.S.C. 3109, at such rates as may be determined by the
Inspector General for Tax Administration; $158,000,000, of
which $5,000,000 shall remain available until September 30,
2016; of which not to exceed $500,000 shall be available for
unforeseen emergencies of a confidential nature, to be
allocated and expended under the direction of the Inspector
General for Tax Administration; and of which not to exceed
$1,500 shall be available for official reception and
representation expenses.
Amendment Offered by Mr. Posey
Mr. POSEY. Mr. Chairman, I have an amendment at the desk.
The CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 4, line 21, after the first dollar amount, insert
``(increased by $1,000,000)''.
Page 10, line 7, after the dollar amount, insert ``(reduced
by $1,000,000)''.
The CHAIR. Pursuant to House Resolution 661, the gentleman from
Florida and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Florida.
Mr. POSEY. Mr. Chairman, I would like to thank Chairman Crenshaw for
his help on this amendment and for his support on this issue of
critical importance to the Florida financial industry.
My amendment transfers $1 million from the Internal Revenue Service
enforcement division to the IRS office of the inspector general. It is
my intent that this money be used to study the impact of IRS
nonresident alien bank account reporting and requirements on the United
States economy.
The IRS has issued a final regulation requiring all banks in the
United States to report to the IRS the amount of interest paid to
nonresident alien individual depositors. Now these are people who are
not taxpayers, and they do not owe us taxes.
These payments are not subject to U.S. taxes, so these reports do not
collect a single penny of additional revenue. This regulation also
reverses a 90-year policy that the interest earned by foreign
depositors in American banks would not be taxed or reported.
{time} 2015
When the IRS first proposed this regulation in 2001, a bipartisan
coalition of more than 100 Members of Congress opposed it. The IRS
eventually withdrew the crazy proposal.
In 2011, the entire Florida delegation signed a letter to the
Internal Revenue Service expressing concern with the economic impact of
this policy, and I thank my colleague, Debbie Wasserman Schultz, for
taking the lead on that initiative.
On July 25, 2012, the House passed my amendment to H.R. 4078, the Red
Tape Reduction and Small Business Job Creation Act, which would have
prevented the IRS from enforcing the IRS nonresident alien reporting
requirement. The amendment was passed with bipartisan support, but the
Senate failed to take up the bill.
The IRS regulation places United States banks at a global
disadvantage relative to foreign banks that lack such reporting
requirements. Furthermore, United States banks hold $500 billion in
nonresident alien bank accounts.
Millions of dollars have already been withdrawn by foreign
depositors, and it only promises to get worse. Because every dollar in
bank deposits generates nearly $9 in lending, these withdrawals will
reduce the amount of credit available to individual and commercial
borrowers, hurting the United States' economy at a time when we need to
be recovering, not suffering worse.
A similar IRS program imposes a requirement on foreign financial
institutions to report information on accounts held by Americans
overseas. This has already resulted in foreign banks canceling banking
services to U.S. citizens to avoid compliance costs.
For these reasons, I ask that the money transferred to the IRS
inspector general be used to conduct an economic impact study of these
policies, including an analysis of the effect on capital
[[Page H6183]]
levels, capital flight, safety and soundness, and changes to public
confidence in depository financial institutions, something Treasury is
arguably required to do already under current law, but has refused to
do.
I include a letter of support from the Credit Union National
Association and the World Council of Credit Unions to be entered into
the Record.
Credit Union National Association, Inc., and World
Council of Credit Unions, Inc.,
July 14, 2014.
Hon. Bill Posey,
House of Representatives,
Washington, DC.
Dear Representative Posey: On behalf of the Credit Union
National Association (CUNA) and the World Council of Credit
Unions (World Council), we are writing to thank you for your
efforts to address the difficulties and compliance costs
associated with the newly-implemented Foreign Account Tax
Compliance Act (FATCA). CUNA is the largest credit union
advocacy organization in the United States, representing
America's state and federally chartered credit unions and
their 99 million members. World Council is the leading trade
association and development organization for the
international credit union movement. Worldwide, there are
nearly 56,000 cooperatively owned credit unions in 101
countries with approximately $1.7 trillion in total assets
and 200 million credit union members.
FATCA is designed to create a tax information reporting and
withholding system for certain payments that are made to
financial institutions and other entities. The FATCA statute
passed by Congress in 2010 requires foreign financial
institutions to register with the IRS and detect taxable
account activity by U.S. citizens in foreign countries; these
requirements are making it difficult for U.S. citizens living
overseas, including American credit union members, to
maintain access to financial services in the countries where
they live. The Internal Revenue Service's (IRS) FATCA
regulation also requires U.S.-based financial institutions,
including U.S. credit unions, to conduct due diligence and
tax withholding on international funds transfers even though
the FATCA statute passed by Congress made no mention of U.S.-
based credit unions or banks.
CUNA and the World Council support the amendment you intend
to offer to HR. 5016, the Financial Services and General
Government Appropriations Act of 2015. Your amendment would
transfer $1 million in finding for the Internal Revenue
Service (IRS) enforcement division and instead provide $1
million to the IRS Inspector General's office to conduct an
economic impact study of FATCA. We believe this study is
necessary given the complexity of implementing FATCA, the
complex rulemaking that has taken place, and the myriad
unintended consequences of the law on U.S. financial
institutions and U.S. citizens living abroad.
We appreciate all of your work to ensure that credit unions
remain focused on their mission of serving their members
rather than spending precious time and resources complying
with unduly burdensome regulations.
On behalf of America's credit unions and around the globe,
thank you for offering this amendment. We look forward to its
consideration and enactment.
Sincerely,
Bill Hampel,
President & CEO, Credit Union National Association, Inc.
Brian Branch,
President & CEO, World Council of Credit Unions, Inc.
Mr. CRENSHAW. Will the gentleman yield?
Mr. POSEY. I yield to the gentleman from Florida (Mr. Crenshaw).
Mr. CRENSHAW. I thank the gentleman for yielding, and I appreciate
the gentleman from Florida working with the committee on this
amendment. We are glad to accept it.
Recently, the IRS began enforcement of this new regulation requiring
U.S. banks to report the amount of interest earned on deposits made by
nonresident aliens, and this new regulation is detrimental to Florida's
economy and the U.S. economy as a whole because it weakens the
competitiveness of the U.S. financial institutions and forces foreign
capital to flee our country.
The regulation burdens U.S. financial firms with additional paperwork
and has the unintended consequence of causing many of these foreign
depositors to take their business and capital elsewhere, so hundreds of
billions of dollars will flee the economy.
That will impede small business lending and affect local communities.
Both Congress and the administration will benefit from a fuller
understanding of how the regulation affects banks, their clientele, and
all of the communities, so I urge a ``yes'' vote in support of this
amendment.
Mr. POSEY. Mr. Chairman, I reserve the balance of my time.
Mr. SERRANO. Mr. Chairman, I claim the time in opposition.
The CHAIR. The gentleman from New York is recognized for 5 minutes.
Mr. SERRANO. Mr. Chairman, I urge opposition to this amendment. The
IRS has already been cut overall by $341 million from last year's
funding level. This will prevent the IRS from going after tax cheats
and helping those who are attempting to obey the law.
The Taxpayer Advocate has even said that insufficient funding of the
IRS is one of the most serious problems facing taxpayers. This
underfunding will force the IRS to operate with 9,500 fewer staff,
which means that less than 50 percent of taxpayers who reach out to the
IRS for assistance on the telephone help line will be able to get it,
while waiting times for those who do get answers will rise to 35
minutes or longer.
As many as 24 million taxpayers would be unable to reach the IRS for
assistance. That is unacceptable.
The cuts in this bill will also result in $2 billion in uncollected
revenue compared to what could have been collected at the requested
level, thereby increasing the deficit by that amount.
Take as contrast funding at more than $1.6 million above last year's
level and over half a million more than was requested. I am not sure
what they have done to deserve an increase that they didn't even ask
for.
During our hearing, it became clear that the IG didn't fairly
represent the findings of its own investigator. Its lead investigator
reviewed 5,500 emails and concluded that there was no indication of
political motivation, yet the IG failed to mention that until months
later after his order was released, and you will certainly not hear
Republicans mention it now.
So I am not sure what they are trying to reward, but it certainly is
not good work. I oppose this amendment and urge that everyone else do
so as well.
Mr. Chairman, I reserve the balance of my time.
Mr. POSEY. Mr. Chairman, I yield myself the balance of my time.
This legislation would not be necessary if the IRS or the Treasury
had already done what was required by law. When you promulgate a rule
that has over a $100 million impact on the private sector, you are
supposed to do a cost-benefit analysis, and they refused to do it in
this case.
They took the position that, well, it doesn't cost that much money
just to fill out a little form and try and rat out foreign bank
depositors here.
The reality is studies show it clearly will have a multibillion-
dollar impact.
I yield back the balance of my time.
Mr. SERRANO. Mr. Chairman, I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from Florida (Mr. Posey).
The amendment was agreed to.
The CHAIR. The Clerk will read.
The Clerk read as follows:
special inspector general for the troubled asset relief program
salaries and expenses
For necessary expenses of the Office of the Special
Inspector General in carrying out the provisions of the
Emergency Economic Stabilization Act of 2008 (Public Law 110-
343), $34,234,000.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes
Enforcement Network, including hire of passenger motor
vehicles; travel and training expenses of non-Federal and
foreign government personnel to attend meetings and training
concerned with domestic and foreign financial intelligence
activities, law enforcement, and financial regulation;
services authorized by 5 U.S.C. 3109; not to exceed $7,000
for official reception and representation expenses; and for
assistance to Federal law enforcement agencies, with or
without reimbursement, $108,661,000, of which not to exceed
$34,335,000 shall remain available until September 30, 2017.
Amendment Offered by Ms. Jackson Lee
Ms. JACKSON LEE. Mr. Chairman, I have an amendment at the desk.
The CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 5, line 22, after the dollar amount, insert ``(reduced
by $200,000)''.
Page 9, line 15, after the dollar amount, insert
``(increased by $100,000)''.
The CHAIR. Pursuant to House Resolution 661, the gentlewoman from
Texas and a Member opposed each will control 5 minutes.
[[Page H6184]]
The Chair recognizes the gentlewoman from Texas.
Ms. JACKSON LEE. Mr. Chairman, I want to thank the chairman and the
ranking member of this Appropriations Committee for their hard work and
working together, Mr. Crenshaw and Mr. Serrano. These are important
matters, and I thank them for the opportunity to present this
amendment.
My amendment is a simple theory, but a very important one. This
amendment provides $100,000 to the IRS taxpayer services account to
assist parents who have lost dependent children during the tax year
with assistance in filing income taxes and supports one-stop IRS tax
preparation support for parents of deceased dependent children whose
child's SS number has been stolen and used by identity thieves to steal
tax refunds.
I am the founder and cochair of the Congressional Children's Caucus,
and in many instances, we find in our work the issues of giving
children incentives and worrying about children's health, but this is a
very devastating posture for parents to be in.
At a hearing held by Chairman Sam Johnson on the Ways and Means
Committee, a hearing on Social Security death records dated February 2,
2012, and I will read--the testimony of the statement said:
We will hear the heartbreaking story of one family whose 4-
year-old daughter had her identity stolen shortly after she
passed away. Only when their tax return was rejected by the
IRS did they learn that an identity thief had already filed a
return claiming their child as a dependent.
In an article regarding this terrible tragedy, it indicates that this
little girl had fought for 33 months to fight brain cancer. The parents
were overwhelmed with grief and medical bills. The mourning parents
decided to file for a tax extension to get their paperwork in order,
but within 24 hours of filing in October, the family's return was
rejected. Someone had already fraudulently claimed their daughter's
Social Security number.
My colleagues, I would ask that this amendment be considered because
in actuality it deals with this very question; it provides more
resources to address the question of protecting identity and the
identity theft that occurs.
My amendment, as I indicated, increases it by $100,000. As parents
and grandparents, most of us may not know the pain these parents are
feeling, but we can do something to make a necessary obligation easier
for them to fulfill.
The IRS operates a 1-800 help line and provides tax assistance at no
charge to tens of thousands of families who prepare their own taxes.
The funds provided in this bill are intended to be used to allow
training to assist the IRS to do a better job of meeting the needs of
parents who have lost a dependent child during the tax year or prior to
their filing of taxes.
Just put ourselves in the shoes of this family whose little 4-year-
old fought for 33 months and in their distress, with all of these
overwhelming bills, to come and find this dastardly act of someone
stealing the child's ID.
This amendment would address these cases where the Social Security
number of a recently deceased child is stolen and is used by thieves to
claim tax funds that should have gone to the family.
Identity theft is a terrible crime that violates the privacy of
victims. All of us, no matter what committees we are involved in, in
the Judiciary Committee which I sit on, Homeland Security, we are
grappling with the issues of privacy and identity theft.
How many of us have had the impact of such, but it has not been as
devastating, I would imagine, as the identity theft of your deceased
child.
The crime first came to the attention of several House committees in
2011. As I made note of, Sam Johnson, the chairman of the Social
Security Subcommittee on the Ways and Means Committee, had this issue
in 2012.
They only need a Social Security number, a date of birth, and name of
the child. This information would be found on medical records, school
records, or other forms completed by parents in the course of
registering a child for various activities.
This is a crime. This is a shame. My amendment would give some
comfort to help the IRS to help these parents. I ask my colleagues to
approve this amendment.
I reserve the balance of my time.
Mr. CRENSHAW. Mr. Chairman, I claim the time in opposition.
The Acting CHAIR (Mr. Weber of Texas). The gentleman from Florida is
recognized for 5 minutes.
Mr. CRENSHAW. Mr. Chairman, I appreciate the intent of the
gentlewoman's amendment. I have great sympathy for the situation that
the family found itself in, but I have to remind my colleagues that the
bill already cuts FinCEN by $3.3 million compared to 2014, and our bill
increases taxpayer services by $7.5 million.
So I wish the IRS could do a better job of dealing with taxpayer
services. That is one of the areas that they really need to get a
handle on because there are too many stories like the one she just
told, but FinCEN does good work.
They work with industry to detect and discourage and apprehend money
launderers, so I don't think we should cut them any further. As I
pointed out, we have increased the funding for taxpayer services, and
so for that reason, I have to oppose the gentlewoman's amendment.
I reserve the balance of my time.
Ms. JACKSON LEE. Mr. Chairman, let me say to my colleagues, I don't
think there is much more that I can say than repeat the story of the
33-month fight by their little girl.
It is $100,000 that we are asking to help these parents who are
desperate and mourning. I ask my colleagues to step a moment in the
shoes of those mourning parents, to help avoid the identity theft that
comes from a child because a child is dead and they have a Social
Security number.
So I ask my colleagues, again, to support the Jackson Lee amendment.
I ask both sides of the aisle to consider the pain of parents who
experience this.
I yield back the balance of my time.
{time} 2030
Mr. CRENSHAW. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Florida is recognized for 5
minutes.
Mr. CRENSHAW. Mr. Chairman, I just want to say one final thing. In
terms of taxpayer services, this bill already provides $2.1 billion for
taxpayer services. As I point out, that is an increase over last year.
We have already cut FinCEN by $3.3 million.
So, for that reason, Mr. Chairman, I would urge my colleagues to vote
``no'' on the amendment, and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Texas (Ms. Jackson Lee).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Ms. JACKSON LEE. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from Texas will
be postponed.
Amendment Offered by Mr. Lynch
Mr. LYNCH. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 5, line 22, after the dollar amount, insert
``(increased by $3,339,000)''.
Page 67, line 16, after the dollar amount, insert
``(reduced by $3,339,000)''.
Page 68, line 10, after the dollar amount, insert
``(reduced by $1,669,500)''.
Page 68, line 15, after the dollar amount, insert
``(reduced by $1,669,500)''.
Page 71, line 3, after the dollar amount, insert ``(reduced
by $1,669,500)''.
The Acting CHAIR. Pursuant to House Resolution 661, the gentleman
from Massachusetts and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Massachusetts.
Mr. LYNCH. Mr. Chairman, I thank the chairman and ranking member.
Mr. Chairman, this amendment would increase the funding provided to
the Treasury Department's Office of the Financial Crimes Enforcement
Network, also known as FinCEN, by $3.339 million so that it remains at
its current level of $112 million.
This amendment would offset this necessary increase through
corresponding decreases in the funding provided for the repairs and
alterations and the rental of space accounts within the General
Services Administration.
[[Page H6185]]
If adopted, the amendment would have no effect on budget authority
and would reduce outlays by $1 million.
As cochair of the bipartisan Task Force on Antiterrorism and
Proliferation Financing, I have worked closely with our cochair, Ed
Royce, the gentleman from California, and with FinCEN, the Financial
Crimes Enforcement Network, to help strengthen our national
antiterrorist finance strategy, and I realize the increased need to be
able to quickly and efficiently track and stop the flow of funds to
terrorist groups in doing this important work.
Through the task force, we have witnessed the critical and important
work that the Financial Crimes Enforcement Network engages in. The
skilled staff at FinCEN works tirelessly every day to track and stop
the flow of elicit funds that would otherwise be used to aid terrorism
in order to safeguard our financial system from evolving money
laundering and mounting national security threats. We all know very
well the risks presented by Hezbollah in Syria, al Qaeda in Yemen, ISIS
in Iraq, and Boko Haram in Nigeria.
By sharing financial intelligence with law enforcement, private
industry, and its foreign counterparts, FinCEN supports financial crime
investigations throughout the world. Congress has taken significant
steps towards utilizing terrorist financing as a viable intelligence
tool, as well as disrupting the financing of terrorist activities.
Nevertheless, terrorists' proven ability to move money through
innovative means necessitates continued progress in this critical
counterterrorism area.
As the chairman pointed out, FinCEN does incredibly important work.
Most recently, FinCEN has played an instrumental role on the ground in
Ukraine in support of international efforts to recover billions of
dollars in missing Ukrainian funds that were misappropriated by former
Ukrainian Government officials, including former President Viktor
Yanukovych.
With today's increasingly complex and rapidly evolving terrorist
networks, we cannot risk our national security by reducing funding for
this important department.
I appreciate the chairman's challenges and the ranking member's
challenges in trying to balance priorities within this bill, and I
respect both of those gentlemen, but I do urge my colleagues on both
sides of the aisle to support this amendment in order to make sure that
the Financial Crimes Enforcement Network is properly funded. The
balance here is funding for the Financial Crimes Enforcement Network
versus a reduction in the repairs and alterations account and the
rental space account for the General Services Administration. I think
that we recognize where the real priorities of this Congress should be.
This is not what the chairman mentioned in his opening remarks. This is
not nonessential funding. This is not wasteful funding. This is very
important funding with respect to the national security of our country.
Mr. CRENSHAW. Will the gentleman yield?
Mr. LYNCH. I yield to the gentleman from Florida.
Mr. CRENSHAW. I just want to thank you for bringing this to our
attention and am pleased to support the amendment.
Mr. LYNCH. I thank the chairman.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Massachusetts (Mr. Lynch).
The amendment was agreed to.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:
Treasury Forfeiture Fund
(rescission)
Of the unobligated balances available under this heading,
$750,000,000 are rescinded.
Bureau of the Fiscal Service
salaries and expenses
For necessary expenses of operations of the Bureau of the
Fiscal Service, $348,184,000; of which not to exceed
$4,210,000, to remain available until September 30, 2017, is
for information systems modernization initiatives; and of
which $5,000 shall be available for official reception and
representation expenses.
In addition, $165,000, to be derived from the Oil Spill
Liability Trust Fund to reimburse administrative and
personnel expenses for financial management of the Fund, as
authorized by section 1012 of Public Law 101-380.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the
Homeland Security Act of 2002, including hire of passenger
motor vehicles, $96,000,000; of which not to exceed $6,000
for official reception and representation expenses; not to
exceed $50,000 for cooperative research and development
programs for laboratory services; and provision of laboratory
assistance to State and local agencies with or without
reimbursement.
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code,
the United States Mint is provided funding through the United
States Mint Public Enterprise Fund for costs associated with
the production of circulating coins, numismatic coins, and
protective services, including both operating expenses and
capital investments: Provided, That the aggregate amount of
new liabilities and obligations incurred during fiscal year
2015 under such section 5136 for circulating coinage and
protective service capital investments of the United States
Mint shall not exceed $20,000,000.
Community Development Financial Institutions Fund Program Account
To carry out the Riegle Community Development and
Regulatory Improvements Act of 1994 (subtitle A of title I of
Public Law 103-325), including services authorized by section
3109 of title 5, United States Code, but at rates for
individuals not to exceed the per diem rate equivalent to the
rate for EX-3, $230,000,000. Of the amount appropriated under
this heading--
(1) not less than $177,000,000 is available until September
30, 2016, for financial assistance and technical assistance
under sections 108(a)(1)(A) and 108(a)(1)(B), respectively,
of Public Law 103-325, of which up to $3,102,500 may be used
for the cost of direct loans: Provided, That the cost of
direct loans, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are
available to subsidize gross obligations for the principal
amount of direct loans not to exceed $25,000,000;
(2) not less than $15,000,000 is available until September
30, 2016, for financial assistance, technical assistance,
training and outreach programs, designed to benefit Native
American, Native Hawaiian, and Alaskan Native communities and
provided primarily through qualified community development
lender organizations with experience and expertise in
community development banking and lending in Indian country,
Native American organizations, tribes and tribal
organizations and other suitable providers;
(3) not less than $18,000,000 is available until September
30, 2016, for the Bank Enterprise Award program; and
(4) up to $20,000,000 may be used for administrative
expenses, of which up to $300,000 for the administrative
expenses of a direct loan program.
Amendment Offered by Ms. Jackson Lee
Ms. JACKSON LEE. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 7, line 23, after the dollar amount, insert
``(increased by $500,000)''.
Page 9, line 15, after the dollar amount, insert ``(reduced
by $1,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 661, the gentlewoman
from Texas and a Member opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from Texas.
Ms. JACKSON LEE. Mr. Chairman, I want to again thank the chairman and
ranking member of the subcommittee for the work that they are doing on
H.R. 5016.
I want to indicate that I think this is an important amendment, as
was the previous one. It increased funding by $500,000 to the Community
Development Financial Institutions Fund program for people receiving
financial assistance and for the responsibilities that this very
important subagency has.
Treasury's Community Development Financial Institutions Fund program
administers the Community Development Financial Institutions Fund, the
CDFI. Through its various programs, the CDFI Fund enables locally-based
organizations to further goals such as: economic development--job
creation, business development, and commercial real estate development;
affordable housing--housing development and homeownership; and
community development financial services--provision of basic banking
services to underserved communities and financial literacy training.
The good news, Mr. Chairman, is that this spreads across the Nation,
regardless of whether you are an urban center or whether you are a
rural center, in particular, through these programs, direct investment
in supporting and
[[Page H6186]]
training financial institutions that provide loans, investment
financial services, and technical assistance to underserved populations
and communities.
Basically, it is a yes rather than a stop sign to job creation beyond
the borders of the urban community and into our rural communities as
well. From the perspective of Texas, this is a good thing because it
emphasizes overall investment and development.
It also is good for Native Americans through its Native initiative by
taking action to provide financial assistance, technical assistance,
and training to Native CDFIs and other Native entities proposing to
become or create Native CDFIs.
I am very glad for the support that has been given by this committee
for this particular fund. I believe that the Jackson Lee amendment,
with the addition of the amount of $500,000, will again help expand the
opportunity for there to be increased investment.
Let me make this final point. The loss of wealth in rural communities
that are creating hardships should not be forgotten where a substantial
portion of their wealth, like urban dwellers, was in their homes. This
restores and continues to restore opportunities to develop wealth among
our individual families and communities. I ask that the Jackson Lee
amendment be supported.
Mr. CRENSHAW. Will the gentlewoman yield?
Ms. JACKSON LEE. I yield to the gentleman from Florida.
Mr. CRENSHAW. I just want you to know that we have no objection to
your amendment.
Ms. JACKSON LEE. I thank the gentleman very much.
With that, Mr. Chairman, let me thank the members of this committee.
As I indicated, this will be a good amendment to help the people of
this great Nation continue their restoration of wealth and economic
development. I ask for support of the Jackson Lee amendment.
With that, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Texas (Ms. Jackson Lee).
The amendment was agreed to.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to
provide taxpayer services, including pre-filing assistance
and education, filing and account services, taxpayer advocacy
services, the operating expenses of the Taxpayer Advocate
Service, and other services as authorized by 5 U.S.C. 3109,
at such rates as may be determined by the Commissioner,
$2,130,000,000, of which not less than $5,600,000 shall be
for the Tax Counseling for the Elderly Program, of which not
less than $10,000,000 shall be available for low-income
taxpayer clinic grants, and of which not less than
$12,000,000, to remain available until September 30, 2016,
shall be available for a Community Volunteer Income Tax
Assistance matching grants program for tax return preparation
assistance.
Amendment Offered by Mr. Roskam
Mr. ROSKAM. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 9, line 15, after the dollar amount, insert
``(increased by $10,000,000)''.
Page 10, line 7, after the dollar amount, insert ``(reduced
by $10,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 661, the gentleman
from Illinois and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Illinois.
Mr. ROSKAM. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, we have had a great deal of discussion today on the
floor about the activity of the IRS, and these stories have been known
to us. We have had a great deal of testimony--hours and hours and hours
of testimony--in the Ways and Means Committee overseen by Chairman
Camp.
What we know is this: that the IRS has grossly overstepped its bounds
in asking questions of groups filing for tax-exempt status that go so
far as to ask about the content of an organization's prayers.
Now, think about this, Mr. Chairman. The First Amendment to the
Constitution has as its first freedom our freedom of religion in this
country, and what have we seen? We have seen the Internal Revenue
Service reach its long arm into different tax-exempt organizations and
have made inquiries about what is happening as it relates to prayers.
Here is an example, Mr. Chairman, that I have. This is a document,
official document from the Internal Revenue Service, Department of the
Treasury, et cetera, et cetera, to the Coalition for Life of Iowa.
Under Penalties of Perjury, on page 2, Mr. Chairman, of this official
document from the Internal Revenue Service, the IRS asked this in
writing:
Please explain in detail the activities at these prayer
meetings. Also, provide the percentage of your time with
organizations spent on prayer groups as compared with other
activities of the organization.
Mr. Chairman, are you kidding me?
The Internal Revenue Service is using its power and its influence to
try and intimidate organizations, organizations that have as their base
the faith that they freely wish to extend and they wish to communicate.
Some lists were lists of questions that the IRS was so onerous that
they asked for list after list after list.
Here is another one. They went after a group and they said, well,
tell us all about whether each person, board member, officer, key
employee, or member of their family, has, was, or plans to be a
candidate for public office.
Now, of all the ridiculous inquiries. Do you know what that tells me?
It tells me, Mr. Chairman, the enforcement division of the IRS has too
much money, that is what it tells me.
What I am trying to do with this amendment is to follow up on action
that the House has already taken, and a House that took this action
unanimously not long ago in February by passing a bill that I
introduced, Protecting Taxpayers from Intrusive IRS Requests Act, that
is now pending in the other body.
I am very simply trying to get the attention of the Internal Revenue
Service, the attention of the employees, the attention of the
Commissioner that is all to say that you don't have this kind of
authority; and if you have got this kind of money to spend messing
around with American groups and so forth, and as the Internal Revenue
Service is now declaring itself to be the entity that decides who gets
to participate in the public square and who doesn't get to participate
in the public square, then they clearly have too much money.
{time} 2045
Very simply, Mr. Chairman, here is what I am trying to do. I am
trying to take money out of that enforcement fund, which excludes the
exempt services, which has been up to their eyeballs in this whole
mess, and direct it over to an area that can actually defend taxpayers.
I urge its consideration.
Mr. CRENSHAW. Will the gentleman yield?
Mr. ROSKAM. I yield to the gentleman from Florida.
Mr. CRENSHAW. I thank the gentleman for yielding.
I am pleased to support his amendment.
Mr. ROSKAM. Reclaiming my time, I reserve the balance of my time.
Mr. SERRANO. Mr. Chairman, I claim the time in opposition to the
amendment.
The Acting CHAIR. The gentleman from New York is recognized for 5
minutes.
Mr. SERRANO. The gentleman says that the IRS has too much money. I
haven't done the math totally, but I think if we were to accept every
amendment that will come up in the next couple of days against the IRS,
we would not only reach zero on the budget for the IRS, we would
probably go under and create a crisis that we don't know how to handle.
The enforcement account at IRS has already been cut by $72 million
above last year and is more than $421 million below the President's
request. The taxpayer service account is already funded above last
year's level.
Given the lack of funding for the IRS, there should be no need to
plus-up an account that has actually increased while the overall
funding for the agency has decreased. That is just a simple statement
to understand.
[[Page H6187]]
I understand the need to continue to attack the IRS under this belief
that they went after just a certain kind of organization. They went
after no one. They asked questions of both sides, both conservative
groups and liberal groups. I guess we are not going to hear the end of
it for the next couple of days. It might be 3 days of bashing the IRS.
So I urge opposition to the amendment, and I reserve the balance of
my time.
Mr. ROSKAM. Mr. Chairman, there is no need to attack the IRS if the
IRS doesn't attack the American public. The IRS is the manipulator. The
IRS is the entity that used this power of manipulation to ask this
question:
Explain in detail the activities at your prayer meetings.
That is nothing that the IRS has anything to do with. That is nothing
that they should have anything to do with.
And I am not for a second saying that we need to continue to go after
the IRS until the IRS says, Here's all the emails, we've come clean,
and so forth, but somehow the IRS being a victim here, I don't know.
The IRS is no victim. The people that are being targeted unfairly are
the victims. When they sought to assert their First Amendment right,
Mr. Chairman, they are the victims.
I am not asking you to accept every amendment. I am just asking you
to accept the Roskam amendment.
I yield back the balance of my time.
Mr. SERRANO. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Illinois (Mr. Roskam).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. ROSKAM. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Illinois
will be postponed.
Amendment Offered by Mr. Grayson
Mr. GRAYSON. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 9, line 16, after the dollar amount, insert
``(increased by $2,800,000)''.
The Acting CHAIR. Pursuant to House Resolution 661, the gentleman
from Florida and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Florida.
Mr. GRAYSON. Mr. Chairman, I would like a few more dimes and nickles
for the Tax Counseling for the Elderly program. The Tax Counseling for
the Elderly program offers free tax help to individuals who are age 60
years old or older. I am not there yet, but I hope to be there one day.
Cooperative grant agreements are entered into between the IRS and
eligible organizations to provide tax assistance to elderly taxpayers.
The funds provided by the IRS are used by organizations to reimburse
volunteers for their out-of-pocket expenses, including transportation,
meals, and other expenses incurred by them in providing tax counseling
assistance at locations convenient to the taxpayers.
This is very important because what we are saying here is that this
money leverages volunteer help. There are tens of thousands of
volunteers all around the country, including in my district in Orlando,
that rely upon this funding to be able to provide the services that are
needed by our elderly citizens.
One of the good things about my proposal here, Mr. Chairman, is that
we are not taking this $2.8 million from any other account. Rather,
there is a $2.13 billion account for taxpayer services, and this simply
adds the carveout from that total for Tax Counseling for the Elderly.
Let's think about this. There are over 50 million seniors who qualify
around the country for this program--that is one-quarter of our adult
population--but the percentage of this account for taxpayer services,
this $2 billion account, is not one-quarter for this program. It is not
even 1 percent for this program. It is one-quarter of 1 percent of the
total amount that we are allocating here for taxpayer services.
I modestly propose that we increase that amount from one-quarter of 1
percent to three-eighths of 1 percent.
Mr. CRENSHAW. Will the gentleman yield?
Mr. GRAYSON. I yield to the gentleman from Florida.
Mr. CRENSHAW. I think tax counseling for the elderly is very
important, and I am happy to accept your amendment.
Mr. GRAYSON. Reclaiming my time, I am happy to accept your acceptance
of this amendment. I am very grateful to you, Mr. Chairman.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Florida (Mr. Grayson).
The amendment was agreed to.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:
enforcement
For necessary expenses for tax enforcement activities of
the Internal Revenue Service to determine and collect owed
taxes, to provide legal and litigation support, to conduct
criminal investigations, to enforce criminal statutes related
to violations of internal revenue laws and other financial
crimes, to purchase and hire passenger motor vehicles (31
U.S.C. 1343(b)), and to provide other services as authorized
by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner, $4,950,000,000, of which not less than
$60,257,000 shall be for the Interagency Crime and Drug
Enforcement program.
Amendment Offered by Mrs. Blackburn
Mrs. BLACKBURN. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 10, line 7, after the dollar amount, insert ``(reduced
by $2,000,000)''.
Page 62, line 9, after the dollar amount, insert
``(increased by $1,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 661, the gentlewoman
from Tennessee and a Member opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from Tennessee.
Mrs. BLACKBURN. Mr. Chairman, I bring a very simple amendment. As the
Clerk read, you saw it is just two lines.
Let's reduce another $2 million of that IRS enforcement account, and
let's move this over to help another Federal agency do its job. Because
we have had one agency that is making life difficult for taxpayers and
business owners, now let's have an agency that is supposed to be doing
their job. Let's make certain that they do it.
What we are doing is redirecting this million dollars over to the
Consumer Product Safety Commission's budget for third-party testing
relief to assist them in completing and meeting their statutory
requirements.
What has happened, in August, 2011, Congress passed an amendment to
the CPSC Improvement Act mandating that they identify ways to reduce
the third-party testing burdens that are facing our American
businesses. That was to reduce the burden.
After soliciting comments in November of 2011, CPSC staff identified
14 ways in which this could be done. In October of the following year,
2012, they approved eight of the 14 recommendations, suggesting ways
that the Commission could move forward. However, as we stand here 2
years later after that period, I am sure few are surprised to hear that
CPSC still has not followed through with this mandate. In fact, the
only action taken thus far has been a single workshop held on April 3
to identify materials that may not require testing. In fact, the only
action taken thus far on these approved recommendations has been to
solicit comments from industry on three separate occasions and to hold
one workshop. It is clear that the agency has placed the requirements
of burden reduction on the industry, not on the bureaucrats at the
CPSC.
It is important to note why Congress passed our CPSC amendment in the
first place. Our current economic situation is indeed dire. It was then
and continues to be. The American people depend immensely on our
American businesses to provide jobs. Even more so, the American people
are depending on us to help create the environment that will spur job
growth.
The third-party testing burden hinders the ability of these companies
to hire more employees and to expand their product lines. It hinders
the ability of these businesses to grow the
[[Page H6188]]
economy. It is detrimental to our workforce. Additionally, the testing
hinders Americans who own small businesses, as they are the ones who
are having to absorb these extra costs.
The Commission claims that these third-party testing regulations are
paramount to our safety when, in fact, our domestic industries spend
millions of dollars each and every year on unnecessary testing,
including on materials known to never contain harmful chemicals.
Congress recognized this back in 2011. We took action. We expect the
CPSC to follow through and to take the necessary actions. It has been 3
years since the mandate went into effect, and it is time that we
encourage the CPSC to get their act together and move forward with the
implementation on the mandate.
Mr. CRENSHAW. Will the gentlewoman yield?
Mrs. BLACKBURN. I yield to the gentleman from Florida.
Mr. CRENSHAW. Mr. Chairman, I want the gentlewoman to know that this
is a very good amendment. I support it, and I urge my colleagues to
vote ``yes.''
Mrs. BLACKBURN. Reclaiming my time, I reserve the balance of my time.
Mr. SERRANO. Mr. Chairman, I claim the time in opposition.
The Acting CHAIR. The gentleman from New York is recognized for 5
minutes.
Mr. SERRANO. Mr. Chairman, for a minute there, I was almost convinced
that they are not after the IRS, but they are even willing to give
money to an agency they traditionally do not support just to get at the
IRS.
The IRS has already been cut overall by $341 million from last year's
funding level. This will prevent the IRS from going after tax cheats
and helping those who are attempting to obey the law.
The Taxpayer Advocate has even said that insufficient funding of the
IRS is one of the most serious problems facing taxpayers. This IRS
needs more funding, not less.
The Consumer Product Safety Commission is funded $5 million below
last year's level, and we are supportive of remedying that in
conference. However, we simply cannot support this offset.
It is my understanding that the sponsor of this amendment would like
the money to be used for the CPSC to prescribe new or revised third-
party testing regulations. Hearing a Republican offering an amendment
to fund regulations makes it very tempting for me to support this
amendment, since it is such a rare event.
It is also ironic in that there is another possible Republican
amendment preventing the CPSC from even proceeding to review comments
submitted by the public on another regulation.
These dueling amendments point out the obvious problem when Congress
doesn't allow the proper process to proceed and instead cherry-picks
where and when it wants to interfere. This is clearly just another
attack on the IRS, and I oppose the amendment and hope all my
colleagues will also do the same.
I reserve the balance of my time.
Mrs. BLACKBURN. Mr. Chairman, in the interest of time, I think it
would be instructive to my colleague to realize what we are doing is
saying the agency doesn't have the right to continue to cherry-pick.
Fourteen suggestions 3 years ago; we have been waiting for 2 years.
They have said eight were approved.
What we have is businesses who would like to expand the business,
businesses that would like to bring American products to the American
marketplace, and the third-party testing burden is placed on these
businesses. The CPSC is not doing their job to create the right
environment.
I would encourage everyone to support this amendment. Let's make
certain that these agencies do their job and work with the industry to
be certain that we create the environment for jobs growth to take place
in this country.
With that, I yield back the balance of my time.
Mr. SERRANO. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Tennessee (Mrs. Blackburn).
The amendment was agreed to.
{time} 2100
Amendment Offered by Mr. Gosar
Mr. GOSAR. Mr. Chairman, I have an amendment at the desk, No. 178.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 10, line 7, after the dollar amount, insert ``(reduced
by $353,000,000)''.
Page 152, line 15, after the dollar amount, insert
``(increased by $353,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 661, the gentleman
from Arizona and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Arizona.
Mr. GOSAR. Mr. Chairman, I rise today to offer a simple but important
amendment which will save taxpayer money and demand accountability for
one of the Federal Government's most invasive and rogue agencies--the
IRS.
This amendment reduces overall appropriations in the bill for the
Internal Revenue Service by approximately 3 percent and brings funding
for the IRS down to the FY 2007 appropriations. Current funding is
between 2007 and 2008 levels. Additionally, my amendment still allows
for more than $10.5 billion to go to the IRS. In this time during which
we have over $7 trillion in debt and a deficit this year exceeding $500
billion, this is a modest reduction at best. Again, this amendment only
makes a 3 percent reduction to bring the appropriations in line with
the 2007 appropriations.
More directly than the financial condition of the country is the fact
that this agency has shown contempt for the American taxpayer. It has
ignored Congress and ignored subpoenas. It has stonewalled. It has
destroyed evidence. It has lied. It has abused its powers and targeted
honest Americans for exercising their political beliefs. The list of
scandals and examples of mismanagement within the IRS seems to grow
every day. This agency, which aggressively pursues American citizens it
believes deserve extra scrutiny, must understand that the IRS is, first
and foremost, accountable to the American people, not the other way
around.
John Adams said that facts are stubborn things. In April, this body
held former IRS Commissioner Lois Lerner in contempt of Congress for
her role and testimony in relation to the IRS' targeting of
conservative groups. Ms. Lerner acted with reckless disregard for the
constitutional rights of United States citizens while working at the
IRS, and she must be held accountable. The blatant disregard of basic
liberties and the use of a government agency to harass, target,
intimidate, and threaten lawful, honest citizens was the worst form of
authoritarianism.
President Obama erroneously claimed that there isn't even a ``smidgen
of corruption'' in the IRS targeting scandal, and yet a trail of emails
proves otherwise. Further, Ms. Lerner is still refusing to testify on
the grounds that she fears criminal prosecution. She should. She lied
to Congress. She abused her position. She violated the rights of
Americans. She tried to harm the electoral process and intimidate
voters.
Getting the truth and demanding accountability from President Obama's
IRS should not be too much to ask for. Yet officials in this
administration continue to offer excuses and half-truths for what has
developed into a disturbing trend of waste, fraud, and abuse. Tax
information about the President's political opponents has been leaked,
Americans were targeted for their political beliefs, and senior
executives were given bonuses for their work. Waste and inefficiency
have plagued the agency for years. The Treasury inspector general has
reported the IRS has been wasting upwards of $15 billion a year--yes,
that is 15 billion with a ``b''--more than $140 billion since 2003, due
to its failure to comply with Federal law to curb improper payments.
Democrats and Republicans across the country have been demanding that
Congress do something other than hold hearing after hearing about the
problems at the IRS. This amendment does something that Congress has
the complete power to do--it uses the power of the purse. As you know,
we don't have a lot of other options, but we do know that the IRS
scandal is one of the most serious scandals ever engaged in by any
administration.
[[Page H6189]]
How can the American people trust the Federal Government to use their
tax dollars efficiently when the agency tasked with collecting them
squanders billions before they can even be appropriated?
This amendment simply brings IRS funding to the 2007 levels. The IRS
must prove that it can be trusted with the hard-earned tax dollars of
the American people before it asks Congress to increase its budget.
If you disapprove of the IRS' targeting of conservative groups for
their political beliefs, then support my amendment. If you disapprove
of the IRS' ignoring of congressional subpoenas, then support my
amendment. If you disapprove of this agency's stonewalling of Congress,
destroying evidence, and lying to the American people, then support my
amendment.
I thank the chairman and the ranking member for their continued work
on the committee.
With that, I reserve the balance of my time.
Mr. SERRANO. Mr. Chairman, I claim the time in opposition.
The Acting CHAIR. The gentleman from New York is recognized for 5
minutes.
Mr. SERRANO. Mr. Chairman, the good news is that the whole bill is
not on the IRS, so, eventually, we will move on to something else, and
we won't see any more of these attacks.
The IRS has already been cut overall by $341 million from last year's
funding level. This will prevent the IRS from going after tax cheats--I
know it is repetitious, but it is a fact--and from helping those who
are attempting to obey the law. The Taxpayer Advocate has even said
that the insufficient funding of the IRS is one of the most serious
problems facing taxpayers.
This underfunding will force the IRS to operate with 9,500 fewer
staff, which means that less than 50 percent of taxpayers who reach out
to the IRS for assistance on the telephone help line will be able to
get it, and the waiting times for those who do get answers will rise to
35 minutes or longer. As many as 24 million taxpayers will be unable to
reach the IRS for assistance, and that is unacceptable. The cuts in
this bill will also result in $2 billion in uncollected revenue
compared to what could have been collected at the requested level,
thereby increasing the deficit by that amount.
I think what is being missed here tonight with all of these
amendments is that, yes, there is a concern on the other side--and
there was a concern here also, and there still may be--in terms of what
went on and what needs to be straightened out, but the answer is not to
cut the IRS down to bare bones, because our next problem will be that
the deficit will continue to grow because we won't be able to do the
proper collecting of tax dollars in this country.
I oppose this amendment, and I urge that everyone else do so as well.
I yield back the balance of my time.
Mr. GOSAR. Mr. Chairman, I would like to point out that this is a 3
percent reduction, and it brings it back to 2007 levels. The Treasury
inspector general has reported that the IRS has been wasting upwards of
$15 billion a year--more than $140 billion since 2003--due to its
failure to comply with Federal law to curb improper payments.
I think what we could do is save taxpayers a lot more money if they
just didn't call the IRS. This is a blatant disregard of basic civil
liberties in the use of a government agency to harass, target,
intimidate, and threaten lawful, honest citizens. We need to bring the
IRS into compliance.
With that, I yield back the balance of my time.
The Acting CHAIR (Mr. Rodney Davis of Illinois). The question is on
the amendment offered by the gentleman from Arizona (Mr. Gosar).
The amendment was agreed to.
Amendment Offered by Mr. Huizenga of Michigan
Mr. HUIZENGA of Michigan. Mr. Chairman, I have an amendment at the
desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 10, line 7, after the dollar amount, insert ``(reduced
by $788,111,800)''.
Page 152, line 15, after the dollar amount, insert
``(increased by $788,111,800)''.
The Acting CHAIR. Pursuant to House Resolution 661, the gentleman
from Michigan and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Michigan.
Mr. HUIZENGA of Michigan. Mr. Chairman, my friend from New York was
pointing out that, at some point, we are going to move on from the IRS,
but I want to point out that this section is specifically about the
enforcement of what the IRS has been doing.
Last year, we learned that the IRS has been targeting American
taxpayers for their political beliefs for the last 4 or 5 years. During
this period, a culture of shading the truth was fostered and developed
by directors and administrators throughout the IRS. Now this culture
within the IRS has grown to one of stonewalling, doubletalk, and
mistrust.
It is up to Congress to use the power of the purse, Mr. Chairman, to
rein in the IRS and force them to conduct their analysis in an unbiased
manner. This is our constitutional tool. The IRS has proven itself to
be unable to do so, which is why I am introducing this amendment that
cuts more than $788 million from the IRS' budget. With the combined
cuts in the underlying bill of $341 million, this will approximately
cut the IRS' budget by 10 percent from its current funding levels. The
underlying legislation takes a good step in the right direction, and
many of the amendments, including the last one that was just adopted,
are a step in the right direction, but I believe, unfortunately, that
this doesn't go far enough.
We need to keep in mind that the IRS is one of the most feared
agencies within the Federal Government--left, right or center. They can
freeze bank accounts, garnish wages, and seize assets with a flick of a
pen. Congress needs to utilize the power of the purse--our
constitutional tool and responsibility, I might add--to send the IRS a
message to put an end to this newfound ``business as usual.''
It is up to Congress to prevent the IRS from ever slipping back into
its targeting practices. The best way to do that is to force them to
consolidate their resources and prioritize. Congress, itself, has been
forced to do this. Our own offices, Mr. Chairman, have been forced to
do this over the last number of years, and there is no reason why the
IRS cannot follow suit.
We cannot allow the IRS to be used as a political weapon because, as
I had pointed out, it doesn't matter if an American's political views
are left of the spectrum, right of the spectrum or somewhere in
between. The IRS is one of the most powerful agencies that we have, and
for them to be injected into this process as a political weapon is
simply wrong. Political targeting is not the only example, however, and
this is not the real problem I am trying to get at. I believe there is
another problem, which is a tax on those who cannot defend themselves.
Political targeting is only a part of the story.
The other one is, in 2012, a Taxpayer Advocate Service report found
that 69 percent of individuals who claimed the adoption tax credit were
audited by the IRS. Okay. That seems like a pretty aggressive move.
Unfortunately, for the IRS, only 1.5 percent of the credits claimed
were ever disallowed. The Taxpayer Advocate Service and the Government
Accountability Office, the GAO, have both noted that the adoption
credit claims represented less than one-tenth of 1 percent of all
individual returns for the 2011 filing season. By comparison, the IRS
spent approximately 3.5 percent of its total staff days on the initial
reviews, correspondence, and audits of these adoption tax claims. Let
me repeat that. One-tenth of 1 percent are the total claims, yet the
IRS spends 3.5 percent of all of its staff days in pursuing these. This
is not about tax cheats. This is about harassment. In essence, the IRS
spent 35 times the number of work hours investigating adoptive parents
compared to other tax filers.
West Michigan, which is the area I represent, is blessed to have one
of the highest adoption rates in the entire Nation, hardworking
families who want to bring another into their homes, someone who has
been abused or neglected. They should not have to be burdened by the
echoing footsteps of the taxman.
I am angry, Mr. Chairman. The American people are angry, and they
should be. Clearly, the IRS has too much time on its hands and not
enough focus. The recklessness with which the
[[Page H6190]]
IRS is acting by targeting Americans for their political views or as to
whether they have adopted a child is simply wrong, and it must be
stopped immediately.
With that, I reserve the balance of my time.
Mr. SERRANO. Mr. Chairman, I claim the time in opposition.
The Acting CHAIR. The gentleman from New York is recognized for 5
minutes.
Mr. SERRANO. Mr. Chairman, my early math tells me that, if the
amendments that we just passed stick in conference, we have already cut
$1.154 billion from enforcement. Those are the folks who are going to
collect taxes from people who don't want to pay taxes.
I continue to make my comments--again, sounding repetitious--that
there has to be a moment when this stops, when we realize that, yes,
there are issues that have to be dealt with at the IRS. There have
always been issues that have had to be dealt with at the IRS, but the
idea of zeroing out this account and zeroing out the enforcement
account just does not make any sense. I would hope that we would just
pay attention to that and pay attention to the fact that, while we may
have differences with an agency, we have never, ever in the years that
I have been here seen anyone, any party or any group, go after a
particular agency the way we have gone after the IRS, not only tonight,
but in the last few months.
I yield back the balance of my time.
{time} 2115
Mr. HUIZENGA of Michigan. Mr. Chairman, I am stunned that my
amendment would be characterized as zeroing it out. In fact, my
amendment provides $4.16 billion for IRS enforcement budget.
I want to know what employer would reward unacceptable behavior. I
think we have the answer, Mr. Chairman, and that is my colleagues
across the aisle.
This is a 19 percent cut to the enforcement budget, 10 percent cut
overall. This brings us back to 2004-2005 levels and, in fact, this
House approved a budget last year of $3.87 billion, so my amendment
doesn't even bring us down as low as what had been passed by the House
just last year.
I urge passage of my amendment.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Michigan (Mr. Huizenga).
The amendment was agreed to.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:
operations support
For necessary expenses of the Internal Revenue Service to
support taxpayer services and enforcement programs, including
rent payments; facilities services; printing; postage;
physical security; headquarters and other IRS-wide
administration activities; research and statistics of income;
telecommunications; information technology development,
enhancement, operations, maintenance, and security; the hire
of passenger motor vehicles (31 U.S.C. 1343(b)); the
operations of the Internal Revenue Service Oversight Board;
and other services as authorized by 5 U.S.C. 3109, at such
rates as may be determined by the Commissioner;
$3,620,000,000, of which not to exceed $300,000,000 shall
remain available until September 30, 2016, of which not to
exceed $10,000 shall be for official reception and
representation expenses: Provided, That not later than 30
days after the end of each quarter, the Internal Revenue
Service shall submit a report to the Committees on
Appropriations of the House of Representatives and the Senate
and the Comptroller General of the United States detailing
the cost and schedule performance for its major information
technology investments, including the purpose and life-cycle
stages of the investments; the reasons for any cost and
schedule variances; the risks of such investments and
strategies the Internal Revenue Service is using to mitigate
such risks; and the expected developmental milestones to be
achieved and costs to be incurred in the next quarter:
Provided further, That the Internal Revenue Service shall
include, in its budget justification for fiscal year 2016, a
summary of cost and schedule performance information for its
major information technology systems.
Amendment Offered by Mr. Camp
Mr. CAMP. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 10, line 22, after the dollar amount, insert
``(reduced by $2,000,000)''.
Page 152, line 15, after the dollar amount, insert
``(increased by $2,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 661, the gentleman
from Michigan and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Michigan.
Mr. CAMP. Mr. Chairman, on Friday, June 13, the IRS admitted to
Congress that it had destroyed 2 years of Lois Lerner's documents--
documents at the very center of the IRS targeting individuals for their
beliefs.
The IRS buried this fact on page 15 of a 27-page document, 4 months
after political appointees in the Obama administration had been
informed that the emails were destroyed.
When IRS Commissioner Koskinen came before the Ways and Means
Committee earlier this year, he pledged transparency, stating, ``When I
find out something, you will be the first to know.''
Well, we now know that is not true, as the IRS has misled Congress
and obstructed our investigation for months. The IRS even went so far
as promising the Ways and Means Committee that it would receive all
Lerner documents in May, after knowing that thousands of Lerner emails
were destroyed and they could not possibly fulfill our request. This is
inexcusable.
Once the Ways and Means Committee learned of the destroyed emails, we
asked that the IRS provide all information and documents related to the
emails, as well as make IT employees available for interview. The IRS
has refused this request and will not make IT employees available for
interview.
I come to the floor today to reduce by $2 million the IRS' funds for
the Office of the Commissioner and Office of Legislative Affairs, who
recently have attempted to obstruct this investigation and who have
misled Congress and the American people.
The Committee on Ways and Means will continue to pursue this
investigation until we understand the full scope of the targeting and
obtain all of the documents and interviews the committee has requested.
The American people have lost trust in the IRS, and a full accounting
of the targeting and those responsible is necessary before the IRS can
hope to rebuild that trust.
Mr. Chairman, I yield to the distinguished gentleman from Florida
(Mr. Crenshaw).
Mr. CRENSHAW. I thank the gentleman for yielding, and I just want him
to know that I rise in strong support of this amendment.
We have talked about the fact that the IRS has betrayed the trust of
the American people, and if they are just going to circle the wagons,
that is just going to raise more suspicion, so I urge adoption of this
amendment.
Mr. CAMP. Mr. Chairman, I yield to the distinguished gentleman from
Louisiana (Mr. Boustany).
Mr. BOUSTANY. Mr. Chairman, the Ways and Means Oversight
Subcommittee, which I chair, launched this investigation about 2 years
ago into the targeting of conservative organizations, and the IRS has
continued to be evasive and obstructive. It is unacceptable.
We have kept pressure on, and cracks are now showing, illustrating a
culture at this agency that tolerates and even encourages politically
motivated activity.
Mr. Chairman, the IRS has lost credibility with the American people.
Today, the American people view this agency as a tool of political
intimidation and retribution, instead of an unbiased nonpolitical
agency.
The American people demand truth and justice in this matter, and so
do I. No American should live in fear of an administration willing to
use the IRS to inflict pain on those who they do not agree with
ideologically. This amendment will help solve some of that.
By reducing the commissioner and the Office of Legislative Affairs by
$2 million, we will use the power of the purse to put them further on
notice that they have to come clean on this. We will not stop until we
get the answers.
Mr. CAMP. Mr. Chairman, I reserve the balance of my time.
Mr. SERRANO. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from New York is recognized for 5
minutes.
[[Page H6191]]
Mr. SERRANO. Mr. Chairman, this amendment is completely irresponsible
and unnecessary.
My colleague may be angry at the Internal Revenue Service, but
defunding the very entities that would supply the information he is
requesting is not going to get him that information any faster. These
offices actually have nothing to do with setting a policy with regard
to email retention.
This amendment is simply another attempt to find a conspiracy where
the Republican Party has been unable to find one previously.
At this point, the IRS has spent at least $14 million providing
hundreds of thousands of pages of information to the committees of
jurisdiction here, and, instead of providing them with more money to
provide more information, the majority wants to cut the IRS further.
This is not a well-thought-out or responsible amendment, and I urge
my colleagues to oppose it because it does exactly the opposite of what
my colleague claims it would do.
Mr. Chairman, I yield back the balance of my time.
Mr. CAMP. Mr. Chairman, I yield to the distinguished gentleman from
Texas (Mr. Brady), a member of the Ways and Means Committee.
Mr. BRADY of Texas. Mr. Chairman, Chairman Camp's amendment simply
seeks the truth. It seeks the truth about what the IRS knew, what they
targeted, what they offered up--more importantly, simply to make
available those on the staff who dealt with, supposedly, the loss of
these emails.
The fact of the matter is no government should ever try to silence
the voices of Americans who simply disagree with it. Chairman Camp's
investigation seeks the truth, to hold those accountable who violated
the law, and to make sure this never happens again to any American,
Republican, Democrat, any partisan stripe or independent thought.
We deserve the truth. This amendment gets to the truth, and it should
be accepted by Republicans and Democrats.
Mr. CAMP. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Michigan (Mr. Camp).
The amendment was agreed to.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:
business systems modernization
For necessary expenses of the Internal Revenue Service's
business systems modernization program, $250,000,000, to
remain available until September 30, 2017, for the capital
asset acquisition of information technology systems,
including management and related contractual costs of said
acquisitions, including related Internal Revenue Service
labor costs, and contractual costs associated with operations
authorized by 5 U.S.C. 3109: Provided, That not later than 30
days after the end of each quarter, the Internal Revenue
Service shall submit a report to the Committees on
Appropriations of the House of Representatives and the Senate
and the Comptroller General of the United States detailing
the cost and schedule performance for CADE 2 and Modernized
e-File information technology investments, including the
purposes and life-cycle stages of the investments; the
reasons for any cost and schedule variances; the risks of
such investments and the strategies the Internal Revenue
Service is using to mitigate such risks; and the expected
developmental milestones to be achieved and costs to be
incurred in the next quarter.
administrative provisions--internal revenue service
(including transfer of funds)
Sec. 101. Not to exceed 5 percent of any appropriation
made available in this Act to the Internal Revenue Service
may be transferred to any other Internal Revenue Service
appropriation upon the advance approval of the Committees on
Appropriations.
Sec. 102. The Internal Revenue Service shall maintain an
employee training program, which shall include the following
topics: taxpayers' rights, dealing courteously with
taxpayers, cross-cultural relations, ethics, and the
impartial application of tax law.
Sec. 103. The Internal Revenue Service shall institute and
enforce policies and procedures that will safeguard the
confidentiality of taxpayer information and protect taxpayers
against identity theft.
Sec. 104. Funds made available by this or any other Act to
the Internal Revenue Service shall be available for improved
facilities and increased staffing to provide sufficient and
effective 1-800 help line service for taxpayers. The
Commissioner shall continue to make improvements to the
Internal Revenue Service 1-800 help line service a priority
and allocate resources necessary to enhance the response time
to taxpayer communications, particularly with regard to
victims of tax-related crimes.
Sec. 105. None of the funds made available to the Internal
Revenue Service by this Act may be used to make a video
unless the Service-Wide Video Editorial Board determines in
advance that making the video is appropriate, taking into
account the cost, topic, tone, and purpose of the video.
Sec. 106. The Internal Revenue Service shall issue a
notice of confirmation of any address change relating to an
employer making employment tax payments, and such notice
shall be sent to both the employer's former and new address
and an officer or employee of the Internal Revenue Service
shall give special consideration to an offer-in-compromise
from a taxpayer who has been the victim of fraud by a third
party payroll tax preparer.
Sec. 107. None of the funds made available under this Act
may be used by the Internal Revenue Service to target
citizens of the United States for exercising any right
guaranteed under the First Amendment to the Constitution of
the United States.
Sec. 108. None of the funds made available in this Act may
be used by the Internal Revenue Service to target groups for
regulatory scrutiny based on their ideological beliefs.
Sec. 109. None of funds made available by this Act to the
Internal Revenue Service shall be obligated or expended on
conferences that do not adhere to the procedures,
verification processes, documentation requirements, and
policies issued by the Chief Financial Officer, Human Capital
Office, and Agency-Wide Shared Services as a result of the
recommendations in the report published on May 31, 2013, by
the Treasury Inspector General for Tax Administration
entitled ``Review of the August 2010 Small Business/Self-
Employed Division's Conference in Anaheim, California''
(Reference Number 2013-10-037).
Sec. 110. None of the funds made available by this Act may
be used to pay the salaries or expenses of any individual to
carry out any transfer of funds to the Internal Revenue
Service under the Patient Protection and Affordable Care Act
(Public Law 111-148) or the Health Care and Education
Reconciliation Act of 2010 (Public Law 111-152).
Sec. 111. None of the funds made available by this Act may
be used by the Internal Revenue Service to implement or
enforce section 5000A of the Internal Revenue Code of 1986,
section 6055 of such Code, section 1502(c) of the Patient
Protection and Affordable Care Act (Public Law 111-148), or
any amendments made by section 1502(b) of such Act.
Sec. 112. None of the funds made available in this Act to
the Internal Revenue Service may be obligated or expended
under any bonus, award, or recognition program that does not
consider, with respect to determining whether an employee
should receive such program funds, the conduct and Federal
tax compliance of such employee.
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 113. Appropriations to the Department of the Treasury
in this Act shall be available for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901), including
maintenance, repairs, and cleaning; purchase of insurance for
official motor vehicles operated in foreign countries;
purchase of motor vehicles without regard to the general
purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts
with the Department of State for the furnishing of health and
medical services to employees and their dependents serving in
foreign countries; and services authorized by 5 U.S.C. 3109.
Sec. 114. Not to exceed 2 percent of any appropriations in
this title made available under the headings ``Departmental
Offices--Salaries and Expenses'', ``Office of Inspector
General'', ``Special Inspector General for the Troubled Asset
Relief Program'', ``Financial Crimes Enforcement Network'',
``Bureau of the Fiscal Service'', ``Alcohol and Tobacco Tax
and Trade Bureau'' and ``Community Development Financial
Institutions Fund Program Account'' may be transferred
between such appropriations upon the advance approval of the
Committees on Appropriations of the House of Representatives
and the Senate: Provided, That no transfer under this section
may increase or decrease any such appropriation by more than
2 percent.
Sec. 115. Not to exceed 2 percent of any appropriation
made available in this Act to the Internal Revenue Service
may be transferred to the Treasury Inspector General for Tax
Administration's appropriation upon the advance approval of
the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That no transfer
may increase or decrease any such appropriation by more than
2 percent.
Sec. 116. None of the funds appropriated in this Act or
otherwise available to the Department of the Treasury or the
Bureau of Engraving and Printing may be used to redesign the
$1 Federal Reserve note.
Sec. 117. The Secretary of the Treasury may transfer funds
from the ``Bureau of the Fiscal Service-Salaries and
Expenses'' to the Debt Collection Fund as necessary to cover
the costs of debt collection: Provided, That such amounts
shall be reimbursed to such salaries and expenses account
from debt collections received in the Debt Collection Fund.
Sec. 118. None of the funds appropriated or otherwise made
available by this or any
[[Page H6192]]
other Act may be used by the United States Mint to construct
or operate any museum without the explicit approval of the
Committees on Appropriations of the House of Representatives
and the Senate, the House Committee on Financial Services,
and the Senate Committee on Banking, Housing, and Urban
Affairs.
Sec. 119. None of the funds appropriated or otherwise made
available by this or any other Act or source to the
Department of the Treasury, the Bureau of Engraving and
Printing, and the United States Mint, individually or
collectively, may be used to consolidate any or all functions
of the Bureau of Engraving and Printing and the United States
Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing,
and Urban Affairs; and the Committees on Appropriations of
the House of Representatives and the Senate.
Sec. 120. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for the
Department of the Treasury's intelligence or intelligence
related activities are deemed to be specifically authorized
by the Congress for purposes of section 504 of the National
Security Act of 1947 (50 U.S.C. 414) during fiscal year 2015
until the enactment of the Intelligence Authorization Act for
Fiscal Year 2015.
Sec. 121. Not to exceed $5,000 shall be made available
from the Bureau of Engraving and Printing's Industrial
Revolving Fund for necessary official reception and
representation expenses.
Sec. 122. The Secretary of the Treasury shall submit a
Capital Investment Plan to the Committees on Appropriations
of the Senate and the House of Representatives not later than
30 days following the submission of the annual budget
submitted by the President: Provided, That such Capital
Investment Plan shall include capital investment spending
from all accounts within the Department of the Treasury,
including but not limited to the Department-wide Systems and
Capital Investment Programs account, Treasury Franchise Fund
account, and the Treasury Forfeiture Fund account: Provided
further, That such Capital Investment Plan shall include
expenditures occurring in previous fiscal years for each
capital investment project that has not been fully completed.
Sec. 123. (a) Not later than 2 weeks after the end of each
quarter, the Office of Financial Stability and the Office of
Financial Research shall submit reports on their activities
to the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Financial
Services of the House of Representatives and the Senate
Committee on Banking, Housing, and Urban Affairs.
(b) The reports required under subsection (a) shall
include--
(1) the obligations made during the previous quarter by
object class, office, and activity;
(2) the estimated obligations for the remainder of the
fiscal year by object class, office, and activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
(4) the estimated number of full-time equivalents within
each office for the remainder of the fiscal year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
(c) At the request of any such Committees specified in
subsection (a), the Office of Financial Stability and the
Office of Financial Research shall make officials available
to testify on the contents of the reports required under
subsection (a).
Sec. 124. Within 45 days after the date of enactment of
this Act, the Secretary of the Treasury shall submit an
itemized report to the Committees on Appropriations of the
House of Representatives and the Senate on the amount of
total funds charged to each office by the Franchise Fund
including the amount charged for each service provided by the
Franchise Fund to each office, a detailed description of the
services, a detailed explanation of how each charge for each
service is calculated, and a description of the role
customers have in governing in the Franchise Fund.
Sec. 125. (a) Section 155 of Public Law 111-203 is amended
as follows:
(1) In subsection (b)--
(A) in paragraph (1)--
(i) by striking ``immediately''; and
(ii) by inserting ``as provided for in appropriations
Acts'' after ``to the Office'';
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph (2).
(2) In subsection (d), by striking the heading and
inserting ``Assessment Schedule.--''.
(b) The amendments made by subsection (a) shall take effect
on October 1, 2015.
Sec. 126. None of the funds made available in this Act may
be used to approve, license, facilitate, authorize, or
otherwise allow, whether by general or specific license,
travel-related or other transactions incident to non-academic
educational exchanges described in section 515.565(b)(2) of
title 31, Code of Federal Regulations.
Sec. 127. (a) The Secretary of the Treasury and the
Secretary of Homeland Security shall provide a joint report
not later than 90 days after the enactment of this Act
regarding travel pursuant to sections 515.560(a)(1),
515.560(c)(4)(i), and 515.561 of title 31, Code of Federal
Regulations.
(b) Such report shall include, for each fiscal year
beginning with 2007 under the aforementioned category of
travel:
(1) number of travelers; average duration of stay for each
trip;
(2) average amount of U.S. dollars spent per traveler;
(3) number of return trips per year; and
(4) total sum of U.S. dollars spent collectively in each
fiscal year.
Sec. 128. During fiscal year 2015--
(1) none of the funds made available in this or any other
Act may be used by the Department of the Treasury, including
the Internal Revenue Service, to issue, revise, or finalize
any regulation, revenue ruling, or other guidance not limited
to a particular taxpayer relating to the standard which is
used to determine whether an organization is operated
exclusively for the promotion of social welfare for purposes
of section 501(c)(4) of the Internal Revenue Code of 1986
(including the proposed regulations published at 78 Fed. Reg.
71535 (November 29, 2013)); and
(2) the standard and definitions as in effect on January 1,
2010, which are used to make such determinations shall apply
after the date of the enactment of this Act for purposes of
determining status under section 501(c)(4) of such Code of
organizations created on, before, or after such date.
Sec. 129. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended to provide
for the enforcement of any rule, regulation, policy, or
guideline implemented pursuant to the Department of the
Treasury Guidance for U.S. Positions on MDBs Engaging with
Developing Countries on Coal-Fired Power Generation dated
October 29, 2013, when enforcement of such rule, regulation,
policy, or guideline would prohibit, or have the effect of
prohibiting, the carrying out of any coal-fired or other
power-generation project the purpose of which is to increase
exports of goods and services from the United States or
prevent the loss of jobs from the United States.
Sec. 130. The Secretary of the Treasury, in consultation
with the appropriate agencies, departments, bureaus, and
commissions that have expertise in terrorism and complex
financial instruments, shall provide a report to the
Committees on Appropriations of the House of Representatives
and Senate, the Committee on Financial Services of the House
of Representatives, and the Committee on Banking, Housing,
and Urban Affairs of the Senate not later than 90 days after
the date of enactment of this Act on economic warfare and
financial terrorism.
Sec. 131. Each calendar month beginning after the date of
the enactment of this Act, the Secretary of the Treasury
shall submit to the Committees on Appropriations of the House
of Representatives and the Senate, the Committee on Ways and
Means of the House of Representatives, and the Committee on
Finance of the Senate an accounting of the number of
individuals who have not paid the full amount of any premium
owed for the preceding month for coverage under a qualified
health plan that was enrolled in through an Exchange under
title I of the Patient Protection and Affordable Care Act.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2015''.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
salaries and expenses
For necessary expenses for the White House as authorized by
law, including not to exceed $3,850,000 for services as
authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence
expenses as authorized by 3 U.S.C. 105, which shall be
expended and accounted for as provided in that section; hire
of passenger motor vehicles, and travel (not to exceed
$100,000 to be expended and accounted for as provided by 3
U.S.C. 103); and not to exceed $19,000 for official reception
and representation expenses, to be available for allocation
within the Executive Office of the President; and for
necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109 and 3
U.S.C. 107, $55,000,000.
Executive Residence at the White House
operating expenses
For necessary expenses of the Executive Residence at the
White House, $12,700,000, to be expended and accounted for as
provided by 3 U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at
the White House, such sums as may be necessary: Provided,
That all reimbursable operating expenses of the Executive
Residence shall be made in accordance with the provisions of
this paragraph: Provided further, That, notwithstanding any
other provision of law, such amount for reimbursable
operating expenses shall be the exclusive authority of the
Executive Residence to incur obligations and to receive
offsetting collections, for such expenses: Provided further,
That the Executive Residence shall require each person
sponsoring a reimbursable political event to pay in advance
an amount equal to the estimated cost of the event, and all
such advance payments shall be credited to this account and
remain available until expended: Provided further, That the
Executive Residence shall require the national committee of
the political party of the President to maintain on deposit
$25,000,
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to be separately accounted for and available for expenses
relating to reimbursable political events sponsored by such
committee during such fiscal year: Provided further, That the
Executive Residence shall ensure that a written notice of any
amount owed for a reimbursable operating expense under this
paragraph is submitted to the person owing such amount within
60 days after such expense is incurred, and that such amount
is collected within 30 days after the submission of such
notice: Provided further, That the Executive Residence shall
charge interest and assess penalties and other charges on any
such amount that is not reimbursed within such 30 days, in
accordance with the interest and penalty provisions
applicable to an outstanding debt on a United States
Government claim under 31 U.S.C. 3717: Provided further, That
each such amount that is reimbursed, and any accompanying
interest and charges, shall be deposited in the Treasury as
miscellaneous receipts: Provided further, That the Executive
Residence shall prepare and submit to the Committees on
Appropriations, by not later than 90 days after the end of
the fiscal year covered by this Act, a report setting forth
the reimbursable operating expenses of the Executive
Residence during the preceding fiscal year, including the
total amount of such expenses, the amount of such total that
consists of reimbursable official and ceremonial events, the
amount of such total that consists of reimbursable political
events, and the portion of each such amount that has been
reimbursed as of the date of the report: Provided further,
That the Executive Residence shall maintain a system for the
tracking of expenses related to reimbursable events within
the Executive Residence that includes a standard for the
classification of any such expense as political or
nonpolitical: Provided further, That no provision of this
paragraph may be construed to exempt the Executive Residence
from any other applicable requirement of subchapter I or II
of chapter 37 of title 31, United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the
Executive Residence at the White House pursuant to 3 U.S.C.
105(d), $500,000, to remain available until expended, for
required maintenance, resolution of safety and health issues,
and continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers
in carrying out its functions under the Employment Act of
1946 (15 U.S.C. 1021 et seq.), $3,765,000.
National Security Council and Homeland Security Council
salaries and expenses
For necessary expenses of the National Security Council and
the Homeland Security Council, including services as
authorized by 5 U.S.C. 3109, $12,600,000.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration,
including services as authorized by 5 U.S.C. 3109 and 3
U.S.C. 107, and hire of passenger motor vehicles,
$111,000,000, of which not to exceed $12,006,000 shall remain
available until expended for continued modernization of the
information technology infrastructure within the Executive
Office of the President.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and
Budget, including hire of passenger motor vehicles and
services as authorized by 5 U.S.C. 3109, to carry out the
provisions of chapter 35 of title 44, United States Code, and
to prepare and submit the budget of the United States
Government, in accordance with section 1105(a) of title 31,
United States Code, $89,300,000, of which not to exceed
$3,000 shall be available for official representation
expenses: Provided, That none of the funds appropriated in
this Act for the Office of Management and Budget may be used
for the purpose of reviewing any agricultural marketing
orders or any activities or regulations under the provisions
of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C.
601 et seq.): Provided further, That none of the funds made
available for the Office of Management and Budget by this Act
may be expended for the altering of the transcript of actual
testimony of witnesses, except for testimony of officials of
the Office of Management and Budget, before the Committees on
Appropriations or their subcommittees: Provided further, That
none of the funds provided in this or prior Acts shall be
used, directly or indirectly, by the Office of Management and
Budget, for evaluating or determining if water resource
project or study reports submitted by the Chief of Engineers
acting through the Secretary of the Army are in compliance
with all applicable laws, regulations, and requirements
relevant to the Civil Works water resource planning process:
Provided further, That the Office of Management and Budget
shall have not more than 60 days in which to perform
budgetary policy reviews of water resource matters on which
the Chief of Engineers has reported: Provided further, That
the Director of the Office of Management and Budget shall
notify the appropriate authorizing and appropriating
committees when the 60-day review is initiated: Provided
further, That if water resource reports have not been
transmitted to the appropriate authorizing and appropriating
committees within 15 days after the end of the Office of
Management and Budget review period based on the notification
from the Director, Congress shall assume Office of Management
and Budget concurrence with the report and act accordingly:
Provided further, That the Director of the Office of
Management and Budget shall: (1) consult with each standing
committee in the House of Representatives and the Senate with
respect to the number of printed and electronic copies
(including the appendix, historical tables, and analytical
perspectives) of the President's fiscal year 2016 budget
request that each such committee requires; and (2) provide,
using the funds made available under this heading, each such
committee with the requisite number of copies by no later
than the date that the President submits such budget to
Congress pursuant to section 1105 of title 31, United States
Code: Provided further, That of the amounts made available
under this heading, $52,000,000 shall not be available for
obligation until the President submits to Congress the budget
of the United States Government for fiscal year 2016, in
accordance with section 1105(a) of title 31, United States
Code.
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug
Control Policy; for research activities pursuant to the
Office of National Drug Control Policy Reauthorization Act of
2006 (Public Law 109-469); not to exceed $10,000 for official
reception and representation expenses; and for participation
in joint projects or in the provision of services on matters
of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement,
$22,000,000: Provided, That the Office is authorized to
accept, hold, administer, and utilize gifts, both real and
personal, public and private, without fiscal year limitation,
for the purpose of aiding or facilitating the work of the
Office.
federal drug control programs
high intensity drug trafficking areas program
(including transfers of funds)
For necessary expenses of the Office of National Drug
Control Policy's High Intensity Drug Trafficking Areas
Program, $245,000,000, to remain available until September
30, 2016, for drug control activities consistent with the
approved strategy for each of the designated High Intensity
Drug Trafficking Areas (``HIDTAs''), of which not less than
51 percent shall be transferred to State and local entities
for drug control activities and shall be obligated not later
than 120 days after enactment of this Act: Provided, That up
to 49 percent may be transferred to Federal agencies and
departments in amounts determined by the Director of the
Office of National Drug Control Policy, of which up to
$2,700,000 may be used for auditing services and associated
activities: Provided further, That, notwithstanding the
requirements of Public Law 106-58, any unexpended funds
obligated prior to fiscal year 2013 may be used for any other
approved activities of that HIDTA, subject to reprogramming
requirements: Provided further, That each HIDTA designated as
of September 30, 2014, shall be funded at not less than the
fiscal year 2014 base level, unless the Director submits to
the Committees on Appropriations of the House of
Representatives and the Senate justification for changes to
those levels based on clearly articulated priorities and
published Office of National Drug Control Policy performance
measures of effectiveness: Provided further, That the
Director shall notify the Committees on Appropriations of the
initial allocation of fiscal year 2015 funding among HIDTAs
not later than 45 days after enactment of this Act, and shall
notify the Committees of planned uses of discretionary HIDTA
funding, as determined in consultation with the HIDTA
Directors, not later than 90 days after enactment of this
Act.
other federal drug control programs
(including transfers of funds)
For other drug control activities authorized by the Office
of National Drug Control Policy Reauthorization Act of 2006
(Public Law 109-469), $108,250,000, to remain available until
expended, which shall be available as follows: $95,000,000
for the Drug-Free Communities Program, of which $2,000,000
shall be made available as directed by section 4 of Public
Law 107-82, as amended by Public Law 109-469 (21 U.S.C. 1521
note); $1,400,000 for drug court training and technical
assistance; $8,600,000 for anti-doping activities; $2,000,000
for the United States membership dues to the World Anti-
Doping Agency; and $1,250,000 shall be made available as
directed by section 1105 of Public Law 109-469: Provided,
That amounts made available under this heading may be
transferred to other Federal departments and agencies to
carry out such activities.
Information Technology Oversight and Reform
(including transfer of funds)
For necessary expenses for the furtherance of integrated,
efficient, secure, and effective uses of information
technology in the Federal Government, $9,000,000, to remain
available until expended: Provided, That the Director of the
Office of Management and Budget may transfer these funds to
one or more other agencies to carry out projects to meet
these purposes: Provided further, That the Director of the
Office of Management
[[Page H6194]]
and Budget shall submit quarterly reports not later than 45
days after the end of each quarter to the Committees on
Appropriations of the House of Representatives and the Senate
and the Government Accountability Office identifying the
savings achieved by the Office of Management and Budget's
government-wide information technology reform efforts:
Provided further, That such reports shall include savings
identified by fiscal year, agency, and appropriation.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to
provide assistance to the President in connection with
specially assigned functions; services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses
as authorized by 3 U.S.C. 106, which shall be expended and
accounted for as provided in that section; and hire of
passenger motor vehicles, $4,200,000.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to
the extent not otherwise provided for, heating and lighting,
including electric power and fixtures, of the official
residence of the Vice President; the hire of passenger motor
vehicles; and not to exceed $81,000 pursuant to 3 U.S.C.
106(b)(2), $290,000: Provided, That advances, repayments, or
transfers from this appropriation may be made to any
department or agency for expenses of carrying out such
activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfer of funds)
Sec. 201. From funds made available in this Act under the
headings ``The White House'', ``Executive Residence at the
White House'', ``White House Repair and Restoration'',
``Council of Economic Advisers'', ``National Security Council
and Homeland Security Council'', ``Office of
Administration'', ``Special Assistance to the President'',
and ``Official Residence of the Vice President'', the
Director of the Office of Management and Budget (or such
other officer as the President may designate in writing),
may, with advance approval of the Committees on
Appropriations of the House of Representatives and the
Senate, transfer not to exceed 10 percent of any such
appropriation to any other such appropriation, to be merged
with and available for the same time and for the same
purposes as the appropriation to which transferred: Provided,
That the amount of an appropriation shall not be increased by
more than 50 percent by such transfers: Provided further,
That no amount shall be transferred from ``Special Assistance
to the President'' or ``Official Residence of the Vice
President'' without the approval of the Vice President.
Sec. 202. Within 90 days after the date of enactment of
this section, the Director of the Office of Management and
Budget shall submit a report to the Committees on
Appropriations of the House of Representatives and the Senate
on the costs of implementing the Dodd-Frank Wall Street
Reform and Consumer Protection Act (Public Law 111-203). Such
report shall include--
(1) the estimated mandatory and discretionary obligations
of funds through fiscal year 2019, by Federal agency and by
fiscal year, including--
(A) the estimated obligations by cost inputs such as rent,
information technology, contracts, and personnel;
(B) the methodology and data sources used to calculate such
estimated obligations; and
(C) the specific section of such Act that requires the
obligation of funds; and
(2) the estimated receipts through fiscal year 2019 from
assessments, user fees, and other fees by the Federal agency
making the collections, by fiscal year, including--
(A) the methodology and data sources used to calculate such
estimated collections; and
(B) the specific section of such Act that authorizes the
collection of funds.
Sec. 203. None of funds made available in this Act may be
used to pay the salaries and expenses of any officer or
employee of the Executive Office of the President to prepare,
sign, or approve statements abrogating legislation passed by
the House of Representatives and the Senate and signed by the
President.
Sec. 204. None of the funds made available by this Act may
be used to pay the salaries and expenses of any officer or
employee of the Executive Office of the President to prepare
or implement an Executive Order that contravenes existing
law.
Sec. 205. (a) During fiscal year 2015, any Executive Order
issued by the President shall include a statement from the
Director of the Office of Management and Budget on the
budgetary impact of the Executive Order.
(b) Any such statement shall include--
(1) a narrative summary of the costs and revenue impacts of
such order on the Federal Government;
(2) the impact on mandatory and discretionary obligations
and outlays, listed by Federal agency, for each year in the
5-fiscal year period beginning in fiscal year 2015; and
(3) the impact on revenues of the Federal Government over
the 5-fiscal year period beginning in fiscal year 2015.
(c) If an Executive Order is issued during fiscal year 2015
due to a national emergency, the Director of the Office of
Management and Budget may issue the statement required by
subsection (a) not later than 15 days after the date that the
Executive Order is issued.
This title may be cited as the ``Executive Office of the
President Appropriations Act, 2015''.
TITLE III
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme
Court, as required by law, excluding care of the building and
grounds, including hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000
for official reception and representation expenses; and for
miscellaneous expenses, to be expended as the Chief Justice
may approve, $74,937,000, of which $2,000,000 shall remain
available until expended.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief
justice and associate justices of the court.
care of the building and grounds
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
the Architect by 40 U.S.C. 6111 and 6112, $11,640,000, to
remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of officers and employees, and for necessary
expenses of the court, as authorized by law, $30,192,000.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief
judge and judges of the court.
United States Court of International Trade
salaries and expenses
For salaries of officers and employees of the court,
services, and necessary expenses of the court, as authorized
by law, $17,807,000.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief
judge and judges of the court.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of judges of the United States Court of
Federal Claims, magistrate judges, and all other officers and
employees of the Federal Judiciary not otherwise specifically
provided for, necessary expenses of the courts, and the
purchase, rental, repair, and cleaning of uniforms for
Probation and Pretrial Services Office staff, as authorized
by law, $4,784,659,000 (including the purchase of firearms
and ammunition); of which not to exceed $27,817,000 shall
remain available until expended for space alteration projects
and for costs related to new space alteration and
construction projects; and of which not to exceed $10,000,000
shall remain available until September 30, 2016, for the
Integrated Workplace Initiative: Provided, That the amount
provided for the Integrated Workplace Initiative shall not be
available for obligation until the Director of the
Administrative Office of the United States Courts submits a
report to the Committees on Appropriations of the House of
Representatives and the Senate showing that the estimated
cost savings resulting from the Initiative will exceed the
estimated amounts obligated for the Initiative.
{time} 2130
Amendment Offered by Mr. Gosar
Mr. GOSAR. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 41, line 10, after the dollar amount, insert
``(increased by $42,000,000)''.
Page 67, line 16, after the dollar amount, insert
``(reduced by $43,000,000)''.
Page 71, line 3, after the dollar amount, insert ``(reduced
by $43,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 661, the gentleman
from Arizona and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Arizona.
Mr. GOSAR. Mr. Chairman, I rise today to offer an amendment to the
Financial Services and General Government Appropriations Act for the
fiscal year 2015.
My amendment is simple. It transfers resources from the General
Services Administration, also known as GSA, to the U.S. Court of
Appeals, the U.S. district courts, our Nation's bankruptcy courts, and
other related judicial programs.
Specifically, it gives the U.S. court system an additional $42
million, and it comes directly from the wasteful spending within the
GSA. The $42 million transfer to the courts will put their budget in
line with the budget request for fiscal year '15.
Let me say that I have taken issue with government waste since my
very first days in Congress. I knew it was
[[Page H6195]]
bad, but I did not fully comprehend how bad things were until I
actually got here and started to get my hands dirty while digging
around for waste, fraud, and abuse.
I take particular issue with the GSA. The mission of the GSA is to
``deliver the best value in real estate, acquisition, and technology
services to government and the American people.''
Given the major GSA scandal involving wasting hundreds of thousands
of dollars on conferences with clowns and fortunetellers and on YouTube
rap videos, it is clear employees within this agency have lost sight of
this mission.
Furthermore, by our government's own estimates, there may be 77,000
empty or underutilized buildings across the country. The Office of
Management and Budget estimates these buildings could be wasting hard-
earned taxpayer dollars at a rate of up to $1.7 billion a year--yes,
$1.7 billion. That is astonishing.
We are even spending money on buildings that are completely empty
because the grass needs mowing, the pipes must be maintained, the
fences surrounding the buildings must be checked and repaired, and the
list goes on and on.
Again, I truly appreciate and applaud the excellent work the
committee has done on this bill. It is a particularly tough one to
craft this year in the wake of the IRS scandals and others.
I do take issue with any increase whatsoever to GSA's budget for
rental of space. We are wasting billions on empty buildings, and we are
worried about billions in rental agreements--$5.5 billion in rental
agreements.
I would also like to note that the amount proposed in the underlying
bill is over $700 million more than the entire court system of the
United States. We are talking the Supreme Court, appellate courts,
circuit courts, bankruptcy courts, and other Justice offices and
initiatives.
They are the third branch of government, and their budget is still
$700 million less than the money spent on rental agreements.
The judiciary enforces the rule of law, and it administers justice in
a fair and impartial manner. In fact, it is our justice system that is
possibly America's most attractive component to others around the world
that yearn to be free and have a fair day in court, those who yearn for
rights under the law.
So, you see, there is something wrong with this disproportionate
appropriation. One is for billions in waste, while the courts struggle
with a steady rise in their caseload. Again, we are spending more than
$700 million more on rent space than our courts, and we are wasting
nearly $2 billion a year on buildings being empty or underutilized.
At this point, this amendment should speak for itself. We are wasting
billions on rent when we have empty spaces all over the place. We must
either sell the empty buildings or cut GSA's rental of space budget. I
urge my colleagues to vote in favor of my commonsense amendment.
I thank the chairman and ranking member for their continued
leadership on the committee, and with that, I yield back the balance of
my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Arizona (Mr. Gosar).
The amendment was agreed to.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of circuit and
district judges (including judges of the territorial courts
of the United States), bankruptcy judges, and justices and
judges retired from office or from regular active service.
In addition, for expenses of the United States Court of
Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986 (Public Law 99-
660), not to exceed $5,423,000, to be appropriated from the
Vaccine Injury Compensation Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys
appointed to represent persons under 18 U.S.C. 3006A and
3599, and for the compensation and reimbursement of expenses
of persons furnishing investigative, expert, and other
services for such representations as authorized by law; the
compensation (in accordance with the maximums under 18 U.S.C.
3006A) and reimbursement of expenses of attorneys appointed
to assist the court in criminal cases where the defendant has
waived representation by counsel; the compensation and
reimbursement of expenses of attorneys appointed to represent
jurors in civil actions for the protection of their
employment, as authorized by 28 U.S.C. 1875(d)(1); the
compensation and reimbursement of expenses of attorneys
appointed under 18 U.S.C. 983(b)(1) in connection with
certain judicial civil forfeiture proceedings; the
compensation and reimbursement of travel expenses of
guardians ad litem appointed under 18 U.S.C. 4100(b); and for
necessary training and general administrative expenses,
$1,044,394,000, to remain available until expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as
authorized by 28 U.S.C. 1863; and compensation of
commissioners appointed in condemnation cases pursuant to
rule 71.1(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71.1(h)), $55,827,000, to remain
available until expended: Provided, That the compensation of
land commissioners shall not exceed the daily equivalent of
the highest rate payable under 5 U.S.C. 5332.
court security
(including transfers of funds)
For necessary expenses, not otherwise provided for,
incident to the provision of protective guard services for
United States courthouses and other facilities housing
Federal court operations, and the procurement, installation,
and maintenance of security systems and equipment for United
States courthouses and other facilities housing Federal court
operations, including building ingress-egress control,
inspection of mail and packages, directed security patrols,
perimeter security, basic security services provided by the
Federal Protective Service, and other similar activities as
authorized by section 1010 of the Judicial Improvement and
Access to Justice Act (Public Law 100-702), $525,763,000, of
which not to exceed $15,000,000 shall remain available until
expended, to be expended directly or transferred to the
United States Marshals Service, which shall be responsible
for administering the Judicial Facility Security Program
consistent with standards or guidelines agreed to by the
Director of the Administrative Office of the United States
Courts and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel
as authorized by 31 U.S.C. 1345, hire of a passenger motor
vehicle as authorized by 31 U.S.C. 1343(b), advertising and
rent in the District of Columbia and elsewhere, $82,824,000,
of which not to exceed $8,500 is authorized for official
reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $26,724,000; of which
$1,800,000 shall remain available through September 30, 2016,
to provide education and training to Federal court personnel;
and of which not to exceed $1,500 is authorized for official
reception and representation expenses.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, United States Code,
$16,556,000, of which not to exceed $1,000 is authorized for
official reception and representation expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Judiciary
in this Act may be transferred between such appropriations,
but no such appropriation, except ``Courts of Appeals,
District Courts, and Other Judicial Services, Defender
Services'' and ``Courts of Appeals, District Courts, and
Other Judicial Services, Fees of Jurors and Commissioners'',
shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this
section shall be treated as a reprogramming of funds under
sections 604 and 608 of this Act and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in section 608.
Sec. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for ``Courts of Appeals,
District Courts, and Other Judicial Services'' shall be
available for official reception and representation expenses
of the Judicial Conference of the United States: Provided,
That such available funds shall not exceed $11,000 and shall
be administered by the Director of the Administrative Office
of the United States Courts in the capacity as Secretary of
the Judicial Conference.
Sec. 304. Section 3314(a) of title 40, United States Code,
shall be applied by substituting ``Federal'' for
``executive'' each place it appears.
Sec. 305. In accordance with 28 U.S.C. 561-569, and
notwithstanding any other provision
[[Page H6196]]
of law, the United States Marshals Service shall provide, for
such courthouses as its Director may designate in
consultation with the Director of the Administrative Office
of the United States Courts, for purposes of a pilot program,
the security services that 40 U.S.C. 1315 authorizes the
Department of Homeland Security to provide, except for the
services specified in 40 U.S.C. 1315(b)(2)(E). For building-
specific security services at these courthouses, the Director
of the Administrative Office of the United States Courts
shall reimburse the United States Marshals Service rather
than the Department of Homeland Security.
Sec. 306. (a) Section 203(c) of the Judicial Improvements
Act of 1990 (Public Law 101-650; 28 U.S.C. 133 note), is
amended in the second sentence (relating to the District of
Kansas) following paragraph (12), by striking ``23 years and
6 months'' and inserting ``24 years and 6 months''.
(b) Section 406 of the Transportation, Treasury, Housing
and Urban Development, the Judiciary, the District of
Columbia, and Independent Agencies Appropriations Act, 2006
(Public Law 109-115; 119 Stat. 2470; 28 U.S.C. 133 note) is
amended in the second sentence (relating to the eastern
District of Missouri) by striking ``21 years and 6 months''
and inserting ``22 years and 6 months''.
(c) Section 312(c)(2) of the 21st Century Department of
Justice Appropriations Authorization Act (Public Law 107-273;
28 U.S.C. 133 note), is amended--
(1) in the first sentence by striking ``12 years'' and
inserting ``13 years'';
(2) in the second sentence (relating to the central
District of California), by striking ``11 years and 6
months'' and inserting ``12 years and 6 months''; and
(3) in the third sentence (relating to the western District
of North Carolina), by striking ``10 years'' and inserting
``11 years''.
Sec. 307. Section 84(b) of title 28, United States Code,
is amended in the second sentence by inserting
``Bakersfield,'' after ``shall be held at''.
This title may be cited as the ``Judiciary Appropriations
Act, 2015''.
TITLE IV
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be
deposited into a dedicated account, for a nationwide program
to be administered by the Mayor, for District of Columbia
resident tuition support, $20,000,000, to remain available
until expended: Provided, That such funds, including any
interest accrued thereon, may be used on behalf of eligible
District of Columbia residents to pay an amount based upon
the difference between in-State and out-of-State tuition at
public institutions of higher education, or to pay up to
$2,500 each year at eligible private institutions of higher
education: Provided further, That the awarding of such funds
may be prioritized on the basis of a resident's academic
merit, the income and need of eligible students and such
other factors as may be authorized: Provided further, That
the District of Columbia government shall maintain a
dedicated account for the Resident Tuition Support Program
that shall consist of the Federal funds appropriated to the
Program in this Act and any subsequent appropriations, any
unobligated balances from prior fiscal years, and any
interest earned in this or any fiscal year: Provided further,
That the account shall be under the control of the District
of Columbia Chief Financial Officer, who shall use those
funds solely for the purposes of carrying out the Resident
Tuition Support Program: Provided further, That the Office of
the Chief Financial Officer shall provide a quarterly
financial report to the Committees on Appropriations of the
House of Representatives and the Senate for these funds
showing, by object class, the expenditures made and the
purpose therefor.
federal payment for emergency planning and security costs in the
district of columbia
For a Federal payment of necessary expenses, as determined
by the Mayor of the District of Columbia in written
consultation with the elected county or city officials of
surrounding jurisdictions, $10,000,000, to remain available
until expended, for the costs of providing public safety at
events related to the presence of the National Capital in the
District of Columbia, including support requested by the
Director of the United States Secret Service in carrying out
protective duties under the direction of the Secretary of
Homeland Security, and for the costs of providing support to
respond to immediate and specific terrorist threats or
attacks in the District of Columbia or surrounding
jurisdictions.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia
Courts, $234,400,000 to be allocated as follows: for the
District of Columbia Court of Appeals, $13,400,000, of which
not to exceed $2,500 is for official reception and
representation expenses; for the Superior Court of the
District of Columbia, $115,000,000, of which not to exceed
$2,500 is for official reception and representation expenses;
for the District of Columbia Court System, $70,000,000, of
which not to exceed $2,500 is for official reception and
representation expenses; and $36,000,000, to remain available
until September 30, 2016, for capital improvements for
District of Columbia courthouse facilities: Provided, That
funds made available for capital improvements shall be
expended consistent with the District of Columbia Courts
master plan study and facilities condition assessment:
Provided further, That notwithstanding any other provision of
law, all amounts under this heading shall be apportioned
quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal
agencies: Provided further, That, 30 days after providing
written notice to the Committees on Appropriations of the
House of Representatives and the Senate, the District of
Columbia Courts may reallocate not more than $6,000,000 of
the funds provided under this heading among the items and
entities funded under this heading: Provided further, That,
the Joint Committee on Judicial Administration in the
District of Columbia may, by regulation, establish a program
substantially similar to the program set forth in subchapter
II of chapter 35 of title 5, United States Code, for
employees of the District of Columbia Courts.
federal payment for defender services in district of columbia courts
For payments authorized under section 11-2604 and section
11-2605, D.C. Official Code (relating to representation
provided under the District of Columbia Criminal Justice
Act), payments for counsel appointed in proceedings in the
Family Court of the Superior Court of the District of
Columbia under chapter 23 of title 16, D.C. Official Code, or
pursuant to contractual agreements to provide guardian ad
litem representation, training, technical assistance, and
such other services as are necessary to improve the quality
of guardian ad litem representation, payments for counsel
appointed in adoption proceedings under chapter 3 of title
16, D.C. Official Code, and payments authorized under section
21-2060, D.C. Official Code (relating to services provided
under the District of Columbia Guardianship, Protective
Proceedings, and Durable Power of Attorney Act of 1986),
$49,890,000, to remain available until expended: Provided,
That funds provided under this heading shall be administered
by the Joint Committee on Judicial Administration in the
District of Columbia: Provided further, That, notwithstanding
any other provision of law, this appropriation shall be
apportioned quarterly by the Office of Management and Budget
and obligated and expended in the same manner as funds
appropriated for expenses of other Federal agencies.
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire
of motor vehicles, of the Court Services and Offender
Supervision Agency for the District of Columbia, as
authorized by the National Capital Revitalization and Self-
Government Improvement Act of 1997, $228,500,000, of which
not to exceed $2,000 is for official reception and
representation expenses related to Community Supervision and
Pretrial Services Agency program, of which not to exceed
$25,000 is for dues and assessments relating to the
implementation of the Court Services and Offender Supervision
Agency Interstate Supervision Act of 2002; of which
$169,000,000 shall be for necessary expenses of Community
Supervision and Sex Offender Registration, to include
expenses relating to the supervision of adults subject to
protection orders or the provision of services for or related
to such persons, of which up to $6,990,000 shall remain
available until September 30, 2017, for the relocation of an
offender supervision field office; and of which $59,500,000
shall be available to the Pretrial Services Agency: Provided,
That notwithstanding any other provision of law, all amounts
under this heading shall be apportioned quarterly by the
Office of Management and Budget and obligated and expended in
the same manner as funds appropriated for salaries and
expenses of other Federal agencies: Provided further, That
amounts under this heading may be used for programmatic
incentives for offenders and defendants successfully meeting
terms of supervision: Provided further, That the Director is
authorized to accept and use gifts in the form of in-kind
contributions of the following: space and hospitality to
support offender and defendant programs; equipment, supplies,
and vocational training services necessary to sustain,
educate, and train offenders and defendants, including their
dependent children; and programmatic incentives for offenders
and defendants meeting terms of supervision: Provided
further, That the Director shall keep accurate and detailed
records of the acceptance and use of any gift under the
previous proviso, and shall make such records available for
audit and public inspection: Provided further, That the Court
Services and Offender Supervision Agency Director is
authorized to accept and use reimbursement from the District
of Columbia Government for space and services provided on a
cost reimbursable basis.
federal payment to the district of columbia public defender service
For salaries and expenses, including the transfer and hire
of motor vehicles, of the District of Columbia Public
Defender Service, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997,
$41,000,000: Provided,
[[Page H6197]]
That, notwithstanding any other provision of law, all amounts
under this heading shall be apportioned quarterly by the
Office of Management and Budget and obligated and expended in
the same manner as funds appropriated for salaries and
expenses of Federal agencies: Provided further, That,
notwithstanding section 1342 of title 31, United States Code,
and in addition to the authority provided by section 307(b)
of the District of Columbia Court Reform and Criminal
Procedure Act (sec. 2-1607(b), D.C. Official Code), upon
approval of the Board of Trustees of the District of Columbia
Public Defender Service, the District of Columbia Public
Defender Service may accept and use voluntary and
uncompensated services for the purpose of aiding or
facilitating the work of the District of Columbia Public
Defender Service.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating
Council, $1,900,000, to remain available until expended, to
support initiatives related to the coordination of Federal
and local criminal justice resources in the District of
Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September
30, 2016, to the Commission on Judicial Disabilities and
Tenure, $295,000, and for the Judicial Nomination Commission,
$255,000.
federal payment for school improvement
For a Federal payment for a school improvement program in
the District of Columbia, $45,000,000, to remain available
until expended, for payments authorized under the Scholarship
for Opportunity and Results Act (division C of Public Law
112-10): Provided, That, to the extent that funds are
available for opportunity scholarships and following the
priorities included in section 3006 of such Act, the
Secretary of Education shall make scholarships available to
students eligible under section 3013(3) of such Act (Public
Law 112-10; 125 Stat. 211) including students who were not
offered a scholarship during any previous school year:
Provided further, That within funds provided for opportunity
scholarships $3,000,000 shall be for the activities specified
in sections 3007(b) through 3007(d) and 3009 of the Act.
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National
Guard, $375,000, to remain available until expended for the
Major General David F. Wherley, Jr. District of Columbia
National Guard Retention and College Access Program.
federal payment for testing and treatment of hiv/aids
For a Federal payment to the District of Columbia for the
testing of individuals for, and the treatment of individuals
with, human immunodeficiency virus and acquired
immunodeficiency syndrome in the District of Columbia,
$5,000,000.
District of Columbia Funds
Local funds are appropriated for the District of Columbia
for the current fiscal year out of the General Fund of the
District of Columbia (``General Fund'') for programs and
activities set forth under the heading ``District of Columbia
Funds Summary of Expenses'' and at the rate set forth under
such heading, as included in the Fiscal Year 2015 Budget
Request Act of 2014 submitted to the Congress by the District
of Columbia as amended as of the date of enactment of this
Act: Provided, That notwithstanding any other provision of
law, except as provided in section 450A of the District of
Columbia Home Rule Act (section 1-204.50a, D.C. Official
Code), sections 816 and 817 of the Financial Services and
General Government Appropriations Act, 2009 (secs. 47-369.01
and 47-369.02, D.C. Official Code), and provisions of this
Act, the total amount appropriated in this Act for operating
expenses for the District of Columbia for fiscal year 2015
under this heading shall not exceed the estimates included in
the Fiscal Year 2015 Budget Request Act of 2014 submitted to
Congress by the District of Columbia as amended as of the
date of enactment of this Act or the sum of the total
revenues of the District of Columbia for such fiscal year:
Provided further, That the amount appropriated may be
increased by proceeds of one-time transactions, which are
expended for emergency or unanticipated operating or capital
needs: Provided further, That such increases shall be
approved by enactment of local District law and shall comply
with all reserve requirements contained in the District of
Columbia Home Rule Act: Provided further, That the Chief
Financial Officer of the District of Columbia shall take such
steps as are necessary to assure that the District of
Columbia meets these requirements, including the apportioning
by the Chief Financial Officer of the appropriations and
funds made available to the District during fiscal year 2015,
except that the Chief Financial Officer may not reprogram for
operating expenses any funds derived from bonds, notes, or
other obligations issued for capital projects.
This title may be cited as the ``District of Columbia
Appropriations Act, 2015''.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of
the United States, authorized by 5 U.S.C. 591 et seq.,
$3,000,000, to remain available until September 30, 2016, of
which not to exceed $1,000 is for official reception and
representation expenses.
Bureau of Consumer Financial Protection
administrative provisions
Sec. 501. Section 1017(a)(2)(C) of Public Law 111-203 is
repealed.
Amendment Offered by Ms. Moore
Ms. MOORE. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 59, beginning on line 20, strike section 501.
The Acting CHAIR. Pursuant to House Resolution 661, the gentlewoman
from Wisconsin and a Member opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from Wisconsin.
Ms. MOORE. I will tell you, Mr. Chair, if the Affordable Care Act,
so-called ObamaCare, is the ultimate tempest for the Tea Party pot,
then I guess the Consumer Financial Protection Bureau, the CFPB, is a
very, very close second.
Since assuming the majority in 2010, House Republicans have passed
bill after bill to gut and undermine the Consumer Financial Protection
Bureau. Frankly, I have just lost track of all the bills and attempts
by the majority to undermine our Nation's top financial consumer
watchdog.
It is well documented that Congress wanted its funding to be free of
political influence when it created the Bureau. In order to protect the
consumers, it needed to be free of political influence.
So, Mr. Chair, my amendment strikes the provision in the Financial
Services Appropriations bill, section 501, that the House is
considering today, as it is nothing more than yet another effort by the
majority to derail the Consumer Financial Protection Bureau from its
mission to protect consumers.
Originally, I had my staff draft an amendment to delete sections 501
and 502, but after consulting with the CBO, I was informed that
striking section 502 would score as a cost to the bill.
I wanted to make sure that there would be no objection based on
adding a cost to the bill, so in order to make my amendment in order,
my amendment just strikes section 501 and not 502.
Let me be clear, Mr. Chairman, both sections 501 and 502 of the bill
before us today undermine the CFPB. They would alter the independent
funding process and vision for the Consumer Financial Protection Bureau
that was established in Dodd-Frank, the Wall Street Reform and Consumer
Protection Act.
This is consistent with other independent banking regulatory
agencies. Other independent banking regulatory agencies are not at the
beck and call of the Appropriations Committee and whoever is in control
of the political environment.
What has the Consumer Financial Protection Bureau, our Nation's
consumer watchdog, done for us lately? What has it done for consumers?
Well, Mr. Chair, the agency has refunded $3 billion to 9.7 million
victims of unfair, deceptive, and abusive practices in financial
markets since 2011. The Consumer Financial Protection Bureau has helped
millions of people and has stopped fraud.
The dedicated mission of the Consumer Financial Protection Bureau, to
protect consumers of financial products from fraud and deceptive
schemes, inspires trust in our markets, which attracts capital and
promotes the allocation of capital to productive, legitimate endeavors.
{time} 2145
The CFPB is the tough cop on Wall Street, but it is also the fair cop
on the Wall Street beat.
The amendment before you, Mr. Chair, that I am offering affirms the
current independent funding source for the CFPB, which is the best way
to preserve the integrity and independence of the agency.
Now, I know that Republicans plead that this provision is about
oversight or transparency. But when you scratch the surface, you will
realize that the claim is just not credible. It is just yet another
attempt to undermine the Consumer Financial Protection Bureau, and,
ultimately, it seeks to defund the CFPB and make it a paper tiger. It
[[Page H6198]]
seeks a return to the bad old days, Mr. Chair, and bad old ways that
set the stage for the 2008 financial crisis.
I really do urge all Members to support my amendment and to support
the working independence of the Consumer Financial Protection Bureau so
the agency may continue to ensure U.S. markets are the fairest and most
robust in the world.
Mr. Chairman, I reserve the balance of my time.
Mr. CRENSHAW. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Florida is recognized for 5
minutes.
Mr. CRENSHAW. Mr. Chairman, congressional oversight makes agencies
both more responsive and more responsible.
The Dodd-Frank Act authorizes the CFPB to fund itself by drawing
money from the Federal Reserve to the extent that the Bureau Director
deems necessary--necessary--that is all he has to say. Now, the Fed
doesn't oversee the Bureau. They don't exercise any authority over it,
but they must transfer whatever funds the Bureau requests, up to $600
million. And since 2011, the Bureau has diverted over $1.5 billion--
$1.5 billion--from the Fed, and those are funds that would otherwise be
applied for deficit reduction, without any congressional input or
approval of its activities.
And listen to this: of that money that the Bureau has received, they
are now planning to spend more on renovating and redecorating a
building than the building is actually worth. The inspector general of
the Federal Reserve, which has oversight of the Bureau, also found that
the Bureau needs to improve its recordkeeping and controls around the
government travel cards, purchase cards, conferences, information,
security, and procurement.
So section 501 neither abolishes the Bureau nor limits the Bureau's
funding. Instead, it simply allows Congress and all Americans to
understand what they do, how they do it, and how much it costs.
Mr. Chairman, I urge a ``no'' vote.
I would now like to yield as much time as he may consume to the
gentleman from New York (Mr. Serrano), my ranking member.
Mr. SERRANO. With all due to respect to my colleague, I rise in
opposition to this amendment.
Mr. Chairman, when the bill was being written, I recall going to the
sponsors of this bill both here and the Senate and saying make sure
that this agency is under appropriation supervision, under supervision
of the House of Representatives. And I still believe that part of the
fiscal crisis which we are still living under was the lack of
supervision over the SEC and over the actions of Wall Street. So I am
strongly in support of having them answer to us and at least have input
from the people's House--from the people's Representatives--to ask them
to come before us and tell us what they are doing.
It sounds great for many Members to have an agency be on its own and
do the right thing. But past history shows us that when we did that,
when we did not supervise, and when we did not have oversight, it did
just the opposite.
I am from New York, Mr. Chairman, and I tell you that Wall Street
went berserk because we did not pay attention, we did not do oversight,
and we did not hold them accountable. So I would hope that we defeat
this amendment with all due respect to my colleague.
Ms. MOORE. Well, I can tell you, Mr. Chairman, Wall Street went
berserk because we didn't fund the SEC and the CFTC. That is the
problem. These watchdog agencies are charged with an onerous task, and
we don't provide the appropriations, and this is what is going to
happen to the CFPB, as well, under this bill.
Mr. Chairman, I yield back the balance of my time.
Mr. CRENSHAW. Mr. Chairman, accountability and transparency are good
things. I urge a ``no'' vote on this amendment, and I yield back the
balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Wisconsin (Ms. Moore).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Ms. MOORE. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from Wisconsin
will be postponed.
Mr. HOLT. Mr. Chairman, I have an amendment at the desk that affects
line 18, I believe.
The Acting CHAIR. The Chair notes that the amendment addresses a
portion of the bill not yet read for amendment.
Is there objection to consideration of the amendment at this time?
Mr. CRENSHAW. Yes, Mr. Chairman, there is an objection.
The Acting CHAIR. Objection is heard.
The Clerk will read the next paragraph.
The Clerk read as follows:
Sec. 502. Effective October 1, 2015, notwithstanding
section 1017 of Public Law 111-203--
(1) the Board of Governors of the Federal Reserve System
shall not transfer amounts specified under such section to
the Bureau of Consumer Financial Protection; and
(2) there are authorized to be appropriated to the Bureau
of Consumer Financial Protection such sums as may be
necessary to carry out the authorities of the Bureau under
Federal consumer financial law.
Amendment Offered by Ms. Waters
Ms. WATERS. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 60, line 2, strike ``and''.
Page 60, strike lines 3 through 7 and insert the following:
(2) the Director of the Bureau may collect an assessment,
fee, or other charge from any entity (defined as any bank
holding company with more than $50,000,000,000 in assets or
any nonbank financial holding company with respect to which a
determination has been made pursuant to section 113 of Public
Law 111-203) equal to the amount the Director determines is
necessary and appropriate to carry out the responsibilities
of the Bureau;
(3) funds derived from any assessment, fee, or charge
collected or payment made pursuant to this section shall not
be construed to be Government funds or appropriated monies,
and shall not be subject to apportionment for purposes of
chapter 15 of title 31 or any other provision of law; and
(4) the Director shall have sole authority to determine the
manner in which the obligations of the Bureau shall be
incurred and its disbursements and expenses allowed and paid,
in accordance with this section.
Mr. CRENSHAW. Mr. Chairman, I reserve a point of order on the
gentlewoman's amendment.
The Acting CHAIR. A point of order is reserved.
Pursuant to House Resolution 661, the gentlewoman from California and
a Member opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from California.
Ms. WATERS. Mr. Chairman, I rise today to offer an amendment that
will address provisions within this legislation that threaten the
independent funding of the Consumer Financial Protection Bureau, an
agency that has been remarkably successful in standing up for consumers
and taxpayers who have been subject to the deceptive practices of bad
actors in our financial system.
To those who have ever fallen victim to a payday or predatory loan,
to those who have had a dispute with a credit card company over
excessive late fees or interest rates, to those who have had issues
with a bank account, mortgage loan, or even a credit score, the
Consumer Financial Protection Bureau is your watchdog. It is your
advocate. It is your cop on the beat. And, thus far, your advocate has
done an outstanding job. To date, 12.6 million consumers have received
more than $3.8 billion in direct refunds because of the CFPB's
enforcement actions.
In large part, the CFPB is able to accomplish these tasks because of
its political independence. It is able to prosecute bad actors without
regard for the political blow-back. This is directly due to the CFPB's
independent funding stream. But, Mr. Chairman, this legislation would
end the Bureau's independence by tying its funding to the highly
political congressional appropriations process.
The result will be a weakened CFPB, one unable to properly advocate
on behalf of our Nation's consumers. And if enacted into law, we would
be one step closer to the Republican goal of ending the CFPB
altogether--and its work on behalf of our students, seniors, families,
and servicemembers.
Mr. Chairman, my amendment would end this reckless attempt to
politicize
[[Page H6199]]
consumer protection by removing this provision and replacing it with
language that allows the Bureau to maintain its independent funding.
Unfortunately, the rules of the House make it impossible to restore
CFPB's current funding mechanism. Therefore, this amendment funds the
Bureau through the collection of a fee imposed upon banks and financial
institutions that have more than $50 billion in assets. I hope my
colleagues on the other side would agree with an approach that
preserves the independence of our Nation's only consumer financial
watchdog without costing taxpayers a dime.
Mr. Chairman, while it is certainly a possibility, ruling this
amendment out of order would simply demonstrate the hypocrisy of the
Republican Party. Last week, in a letter to Chairman Sessions, I
expressed my concerns about this and other provisions that
inappropriately legislate on an appropriations bill. I asked him not to
protect these from a point of order. Since he and his Republican
colleagues have refused, I am now forced to offer this amendment.
Mr. Chairman, I would like to include for the Record this letter.
House of Representatives,
Committee on Financial Services,
Washington, DC, July 9, 2014.
Hon. Pete Sessions,
Chairman, Committee on Rules,
Washington, DC.
Dear Chairman Sessions: I write to respectfully request
that the Committee on Rules not protect sections 125, 501,
625, 626 and 632 of H.R. 5016, the Financial Services and
General Government Appropriations Act of 2015, from points of
order, as these sections place improper funding restrictions
on our financial regulatory agencies and inappropriately
authorize on an appropriations bill.
Specifically, section 125 of H.R. 5016 places improper
funding restrictions on the Office of Financial Research
(OFR), the office specifically created in the wake of the
worst financial crisis to study systemic risk across the U.S.
economy and inform the decisions of the Financial Stability
Oversight Council (FSOC). Section 155 of the Dodd-Frank Wall
Street Reform and Consumer Protection Act of 2010 (P.L. 111-
203) explicitly funds the OFR through assessments on both
bank holding companies with more than $50 billion in assets
and nonbank financial companies supervised by the Federal
Reserve. Congress provided the OFR with a funding source
similar to many FSOC member agencies to ensure that the OFR
always had sufficient funding to conduct the research needed
to monitor threats to our financial system. Section 125
disregards existing law by subjecting the OFR to the
appropriations process beginning in 2015.
Additionally, section 501 of H.R. 5016 consists of
legislating on an appropriations bill. This section alters
section 1017 of the Dodd-Frank Act, which establishes the
process by which operations of the Consumer Financial
Protection Bureau are independently funded by the Federal
Reserve System. It has been well-established that Congress
intended for the Consumer Financial Protection Bureau's
funding to be free of political influence, similar to other
independent banking regulatory agencies. Sources of funding
for the Consumer Financial Protection Bureau have been
appropriately debated during the current Congress in the
authorizing Committee of jurisdiction. I therefore ask that
section 501 be exposed to a point of order.
Further, several sections of H.R. 5016 place improper
restrictions on the Securities and Exchange Commission (SEC).
In particular, section 625 prevents the SEC from spending
from the Reserve Fund for the next year. The Reserve Fund was
created under section 991 of the Dodd-Frank Act in order to
facilitate long-range planning and budgeting by the
Commission, particularly since the Commission's technology
systems have traditionally lagged behind dramatic market
changes. Also, the Reserve Fund was created because Congress
recognized that the Commission requires resources to respond
to unforeseen crises such as the so-called ``Flash Crash'' of
May 2010, when U.S. stock markets plummeted approximately 9
percent in just a few minutes. Congress already has robust
oversight over the use of the Reserve Fund, with the SEC
required under the Dodd-Frank Act to notify the Committee on
Financial Services and the Committee on Appropriations within
10 days of making a Reserve Fund obligation. Section 625
would overturn existing law, and create uncertainty both for
the future of the SEC's efforts as well as the stability of
our financial markets.
Additionally, section 626 of H.R. 5016 violates Rule XXI,
clause 2, by making changes to SEC's existing authority to
regulate the disclosure of material information, which may
include political contributions made by corporations. The SEC
has broad authority to protect investors by requiring that
companies disclose information to the public so that
investors can make informed decisions. Although there are
questions as to whether political contributions made by
companies are material to investors, section 626 would
prevent the SEC from even considering this issue. As a
result, this provision would hamstring our securities
regulator from fulfilling its statutory mandate.
Finally, section 632 of H.R. 5016 consists of legislating
on an appropriations bill. This section would substantially
alter section 716 of the Dodd-Frank Act, which requires
financial institutions with access to the federal banking
safety net to spin-off certain swaps dealing activities to
separately capitalized affiliates. The underlying section in
Dodd-Frank is subject to significant debate, and its
inclusion in a spending bill is inappropriate. I therefore
also ask that section 632 be exposed to a point of order.
In order to uphold the integrity of the appropriations
process, I ask that the Committee on Rules submit to the
requests contained within this letter. The funding process
for our financial regulatory agencies should not be used as a
way to side-step the proper role of authorizing Committees in
Congress.
Sincerely,
Maxine Waters,
Ranking Member.
Ms. WATERS. My amendment is a simple effort to ensure the Consumer
Financial Protection Bureau remains an effective advocate for American
consumers. It is an attempt to correct just one of many bad provisions
in this legislation, which underfunds our Wall Street regulators,
impedes our ability to identify systemic risk across the United States,
and harms the ability of regulators to properly protect our Nation's
investors and retirees.
Mr. Chairman, I am saddened to be back here fighting to preserve the
CFPB. I am disappointed that my colleagues on the other side of the
aisle have aligned themselves with predatory lenders and other bad
actors in the financial system at the expense of protecting consumers.
It is shameful that, once again, this House is forced to spend precious
time and resources tearing down this first-of-its-kind agency which
ensures that consumers have an advocate at the highest levels of
government--with the power to fight for them.
So I would urge the adoption of this amendment, and I reserve the
balance of my time.
Point of Order
Mr. CRENSHAW. Mr. Chairman, I make a point of order against the
amendment because it proposes to change existing law, and it
constitutes legislation in an appropriation bill and, therefore,
violates clause 2 of rule XXI.
{time} 2200
The rule states in pertinent part:
``An amendment to a general appropriation bill shall not be in order
if changing existing law.''
The amendment confers new authority.
I ask for a ruling from the Chair.
The Acting CHAIR. Does any other Member wish to be heard on the point
of order?
Ms. WATERS. Mr. Chairman, I would like to be heard on the point of
order.
The Acting CHAIR. The gentlewoman from California is recognized.
Ms. WATERS. Mr. Chairman, as I said in my earlier presentation, I
sent a letter to Chairman Sessions, and I expressed my concerns about
this and other provisions that inappropriately legislate on an
appropriations bill. While the gentleman from the opposite side of the
aisle is saying that this is inappropriate, certainly it has been
inappropriate to legislate on this appropriations in the way that they
have done in order to remove the protection from the CFPB and allow it
to be at the mercy of the politics of the appropriations process in
this House, and so I would ask that my amendment be recognized and that
we would have a vote on this amendment.
The Acting CHAIR. Does any other Member wish to be heard on the point
of order?
If not, the Chair is prepared to rule.
The Chair finds that this amendment includes language conferring
authority. The amendment, therefore, constitutes legislation in
violation of clause 2 of rule XXI. The point of order is sustained, and
the amendment is not in order.
The Clerk will read.
The Clerk read as follows:
Sec. 503. (a) During fiscal year 2015, on the date that a
request is made for a transfer of funds in accordance with
section 1017 of Public Law 111-203, the Bureau of Consumer
Financial Protection shall notify Committees on
Appropriations of the House of Representatives and the
Senate, the Committee on Financial Services of the House of
Representatives, and the Committee on Banking, Housing, and
Urban Affairs of the Senate of such requests.
(b)(1) Any such notification shall include the amount of
the fundsrequested, an explanation of how the funds will be
obligated by
[[Page H6200]]
object class and activity, and why the funds are necessary to
protect consumers.
(2) Any notification required by this section shall be made
available on the Bureau's public website.
Sec. 504. (a) Not later than 2 weeks after the end of each
quarter of each fiscal year, the Bureau of Consumer Financial
Protection shall submit a report on its activities to the
Committees on Appropriations of the House of Representatives
and the Senate, the Committee on Financial Services of the
House of Representatives, and the Committee on Banking,
Housing, and Urban Affairs of the Senate.
(b) The reports required under subsection (a) shall
include--
(1) the obligations made during the previous quarter by
object class, office, and activity;
(2) the estimated obligations for the remainder of the
fiscal year by object class, office, and activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
(4) the estimated number of full-time equivalents within
each office for the remainder of the fiscal year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
(c) At the request of any such committee specified in
subsection (a), the Bureau of Consumer Financial Protection
shall make Bureau officials available to testify on the
contents of the reports required under subsection (a).
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles,
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
maximum rate payable under 5 U.S.C. 5376, and not to exceed
$4,000 for official reception and representation expenses,
$118,000,000.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as authorized by 5 U.S.C. 5901-5902; not
to exceed $4,000 for official reception and representation
expenses; purchase and hire of motor vehicles; special
counsel fees; and services as authorized by 5 U.S.C. 3109,
$322,748,000, to remain available until expended: Provided,
That $322,748,000of offsetting collections shall be assessed
and collected pursuant to section 9 of title I of the
Communications Act of 1934, shall be retained and used for
necessary expenses and shall remain available until expended:
Provided further, That the sum herein appropriated shall be
reduced as such offsetting collections are received during
fiscal year 2015 so as to result in a final fiscal year 2015
appropriation estimated at $0: Provided further, That any
offsetting collections received in excess of $322,748,000 in
fiscal year 2015 shall not be available for obligation:
Provided further, That remaining offsetting collections from
prior years collected in excess of the amount specified for
collection in each such year and otherwise becoming available
on October 1, 2014, shall not be available for obligation:
Provided further, That notwithstanding 47 U.S.C.
309(j)(8)(B), proceeds from the use of a competitive bidding
system that may be retained and made available for obligation
shall not exceed $106,000,000 for fiscal year 2015: Provided
further, That of the amount appropriated under this heading,
not less than $11,090,000 shall be for the salaries and
expenses of the Office of Inspector General.
Federal Deposit Insurance Corporation
office of the inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $34,568,000, to be derived from the Deposit
Insurance Fund or, only when appropriate, the FSLIC
Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the
Federal Election Campaign Act of 1971, $67,500,000, of which
not to exceed $5,000 shall be available for reception and
representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the
Federal Labor Relations Authority, pursuant to Reorganization
Plan Numbered 2 of 1978, and the Civil Service Reform Act of
1978, including services authorized by 5 U.S.C. 3109, and
including hire of experts and consultants, hire of passenger
motor vehicles, and including official reception and
representation expenses (not to exceed $1,500) and rental of
conference rooms in the District of Columbia and elsewhere,
$25,500,000: Provided, That public members of the Federal
Service Impasses Panel may be paid travel expenses and per
diem in lieu of subsistence as authorized by law (5 U.S.C.
5703) for persons employed intermittently in the Government
service, and compensation as authorized by 5 U.S.C. 3109:
Provided further, That, notwithstanding 31 U.S.C. 3302, funds
received from fees charged to non-Federal participants at
labor-management relations conferences shall be credited to
and merged with this account, to be available without further
appropriation for the costs of carrying out these
conferences.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109;
hire of passenger motor vehicles; and not to exceed $2,000
for official reception and representation expenses,
$293,000,000, to remain available until expended: Provided,
That not to exceed $300,000 shall be available for use to
contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718: Provided
further, That, notwithstanding any other provision of law,
not to exceed $100,000,000 of offsetting collections derived
from fees collected for premerger notification filings under
the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15
U.S.C. 18a), regardless of the year of collection, shall be
retained and used for necessary expenses in this
appropriation: Provided further, That, notwithstanding any
other provision of law, not to exceed $14,000,000 in
offsetting collections derived from fees sufficient to
implement and enforce the Telemarketing Sales Rule,
promulgated under the Telemarketing and Consumer Fraud and
Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be
credited to this account, and be retained and used for
necessary expenses in this appropriation: Provided further,
That the sum herein appropriated from the general fund shall
be reduced as such offsetting collections are received during
fiscal year 2015, so as to result in a final fiscal year 2015
appropriation from the general fund estimated at not more
than $179,000,000: Provided further, That none of the funds
made available to the Federal Trade Commission may be used to
implement subsection (e)(2)(B) of section 43 of the Federal
Deposit Insurance Act (12 U.S.C. 1831t).
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
(including transfers of funds)
Amounts in the Fund, including revenues and collections
deposited into the Fund shall be available for necessary
expenses of real property management and related activities
not otherwise provided for, including operation, maintenance,
and protection of federally owned and leased buildings;
rental of buildings in the District of Columbia; restoration
of leased premises; moving governmental agencies (including
space adjustments and telecommunications relocation expenses)
in connection with the assignment, allocation and transfer of
space; contractual services incident to cleaning or servicing
buildings, and moving; repair and alteration of federally
owned buildings including grounds, approaches and
appurtenances; care and safeguarding of sites; maintenance,
preservation, demolition, and equipment; acquisition of
buildings and sites by purchase, condemnation, or as
otherwise authorized by law; acquisition of options to
purchase buildings and sites; conversion and extension of
federally owned buildings; preliminary planning and design of
projects by contract or otherwise; construction of new
buildings (including equipment for such buildings); and
payment of principal, interest, and any other obligations for
public buildings acquired by installment purchase and
purchase contract; in the aggregate amount of $9,130,409,000,
of which--
(1) $420,460,000 shall remain available until expended for
construction and acquisition (including funds for sites and
expenses, and associated design and construction services) of
additional projects at--
(A) California, Calexico, Calexico West Land Port of Entry,
$98,062,000;
(B) California, San Diego, San Ysidro Land Port of Entry,
$216,828,000; and
(C) New York, Alexandria Bay, Land Port of Entry,
$105,570,000:
Provided, That each of the foregoing limits of costs on new
construction and acquisition projects may be exceeded to the
extent that savings are effected in other such projects, but
not to exceed 10 percent of the amounts included in a
transmitted prospectus, if required, unless advance approval
is obtained from the Committees on Appropriations of a
greater amount;
(2) $965,817,000 shall remain available until expended for
repairs and alterations, including associated design and
construction services, of which--
(A) $402,282,000 is for Major Repairs and Alterations;
(B) $378,535,000 is for Basic Repairs and Alterations; and
(C) $185,000,000 is for Special Emphasis Programs, of
which--
(i) $40,000,000 is for Fire and Life Safety;
(ii) $100,000,000 is for Consolidation Activities:
Provided, That consolidation projects result in reduced
annual rent paid by the tenant agency: Provided further, That
no consolidation project exceed $10,000,000 in costs:
Provided further, That consolidation projects are approved by
each of the committees specified in section 3307(a) of title
40, United States Code: Provided further, That preference is
given to consolidation projects that achieve a utilization
rate of 130 usable square feet or less per person for office
space: Provided further, That the obligation of funds under
this paragraph for consolidation activities may not be made
until 10 days after
[[Page H6201]]
a proposed spending plan and explanation for each project to
be undertaken, including estimated savings, has been
submitted to the Committees on Appropriations of the House of
Representatives and the Senate;
(iii) $20,000,000, Judiciary Court Security Program; and
(iv) $25,000,000 is for Real Property Disposal: Provided,
That disposal projects result in reduced annual operating
costs: Provided further, That preference is given to disposal
projects that are excess or surplus and have the highest fair
market value and the greatest potential to sell: Provided
further, That the obligation of funds under this paragraph
for property disposal activities may not be made until 10
days after a proposed spending plan and explanation for each
project to be undertaken, including estimated savings, has
been submitted to the Committees on Appropriations of the
House of Representatives and the Senate:
Provided further, That the amounts provided in this or any
prior Act for ``Repairs and Alterations'' may be used to fund
costs associated with implementing security improvements to
buildings necessary to meet the minimum standards for
security in accordance with current law and in compliance
with the reprogramming guidelines of the appropriate
Committees of the House and Senate: Provided further, That
the difference between the funds appropriated and expended on
any projects in this or any prior Act, under the heading
``Repairs and Alterations'', may be transferred to Basic
Repairs and Alterations or used to fund authorized increases
in prospectus projects: Provided further, That the amount
provided in this or any prior Act for Basic Repairs and
Alterations may be used to pay claims against the Government
arising from any projects under the heading ``Repairs and
Alterations'' or used to fund authorized increases in
prospectus projects;
(3) $5,500,000,000 for rental of space to remain available
until expended; and
(4) $2,244,132,000 for building operations to remain
available until expended, of which $1,122,727,000 is for
building services, and $1,121,405,000 is for salaries and
expenses: Provided further, That not to exceed 5 percent of
any appropriation made available under this paragraph for
building operations may be transferred between and merged
with such appropriations upon notification to the Committees
on Appropriations of the House of Representatives and the
Senate, but no such appropriation shall be increased by more
than 5 percent by any such transfers: Provided further, That
section 508 of this title shall not apply with respect to
funds made available under this heading for building
operations:
Provided further, That the total amount of funds made
available from this Fund to the General Services
Administration shall not be available for expenses of any
construction, repair, alteration and acquisition project for
which a prospectus, if required by 40 U.S.C. 3307(a), has not
been approved, except that necessary funds may be expended
for each project for required expenses for the development of
a proposed prospectus: Provided further, That funds available
in the Federal Buildings Fund may be expended for emergency
repairs when advance approval is obtained from the Committees
on Appropriations: Provided further, That amounts necessary
to provide reimbursable special services to other agencies
under 40 U.S.C. 592(b)(2) and amounts to provide such
reimbursable fencing, lighting, guard booths, and other
facilities on private or other property not in Government
ownership or control as may be appropriate to enable the
United States Secret Service to perform its protective
functions pursuant to 18 U.S.C. 3056, shall be available from
such revenues and collections: Provided further, That
revenues and collections and any other sums accruing to this
Fund during fiscal year 2015, excluding reimbursements under
40 U.S.C. 592(b)(2) in excess of the aggregate new
obligational authority authorized for Real Property
Activities of the Federal Buildings Fund in this Act shall
remain in the Fund and shall not be available for expenditure
except as authorized in appropriations Acts.
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for,
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,
travel, motor vehicles, information technology management,
and related technology activities; and services as authorized
by 5 U.S.C. 3109; $58,000,000.
operating expenses
(including transfer of funds)
For expenses authorized by law, not otherwise provided for,
for Government-wide activities associated with utilization
and donation of surplus personal property; disposal of real
property; agency-wide policy direction, management, and
communications; the Civilian Board of Contract Appeals;
services as authorized by 5 U.S.C. 3109; $61,049,000, of
which $26,328,000 is for Real and Personal Property
Management and Disposal; $25,729,000 is for the Office of the
Administrator, of which not to exceed $7,500 is for official
reception and representation expenses; and $8,992,000 is for
the Civilian Board of Contract Appeals: Provided further,
That not to exceed 5 percent of the appropriation made
available under this heading for Office of the Administrator
may be transferred to the appropriation for the Real and
Personal Property Management and Disposal upon notification
to the Committees on Appropriations of the House of
Representatives and the Senate, but the appropriation for the
Real and Personal Property Management and Disposal may not be
increased by more than 5 percent by any such transfer.
office of inspector general
For necessary expenses of the Office of Inspector General
and service authorized by 5 U.S.C. 3109, $65,000,000, of
which $2,000,000 is available until expended: Provided, That
not to exceed $50,000 shall be available for payment for
information and detection of fraud against the Government,
including payment for recovery of stolen Government property:
Provided further, That not to exceed $2,500 shall be
available for awards to employees of other Federal agencies
and private citizens in recognition of efforts and
initiatives resulting in enhanced Office of Inspector General
effectiveness.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25,
1958 (3 U.S.C. 102 note), and Public Law 95-138, $1,672,000.
federal citizen services fund
(including transfers of funds)
For necessary expenses of the Office of Citizen Services
and Innovative Technologies, including services authorized by
40 U.S.C. 323 and 44 U.S.C. 3604; and for necessary expenses
in support of interagency projects that enable the Federal
Government to enhance its ability to conduct activities
electronically, through the development and implementation of
innovative uses of information technology; $53,294,000, to be
deposited into the Federal Citizen Services Fund: Provided,
That the previous amount may be transferred to Federal
agencies to carry out the purpose of the Federal Citizen
Services Fund: Provided further, That the appropriations,
revenues, reimbursements, and collections deposited into the
Fund shall be available until expended for necessary expenses
of Federal Citizen Services and other activities that enable
the Federal Government to enhance its ability to conduct
activities electronically in the aggregate amount not to
exceed $90,000,000: Provided further, That appropriations
revenues, reimbursements, and collections accruing to this
Fund during fiscal year 2015 in excess of such amount shall
remain in the Fund and shall not be available for expenditure
except as authorized in appropriations Acts: Provided
further, That any appropriations provided to the Electronic
Government Fund that remain unobligated as of September 30,
2014, may be transferred to the Federal Citizen Services
Fund: Provided further, That the transfer authorities
provided herein shall be in addition to any other transfer
authority provided in this Act.
administrative provisions--general services administration
(including transfer of funds)
Sec. 507. Funds available to the General Services
Administration shall be available for the hire of passenger
motor vehicles.
Sec. 508. Funds in the Federal Buildings Fund made
available for fiscal year 2015 for Federal Buildings Fund
activities may be transferred between such activities only to
the extent necessary to meet program requirements: Provided,
That any proposed transfers shall be approved in advance by
the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 509. Except as otherwise provided in this title,
funds made available by this Act shall be used to transmit a
fiscal year 2016 request for United States Courthouse
construction only if the request: (1) meets the design guide
standards for construction as established and approved by the
General Services Administration, the Judicial Conference of
the United States, and the Office of Management and Budget;
(2) reflects the priorities of the Judicial Conference of the
United States as set out in its approved 5-year construction
plan; and (3) includes a standardized courtroom utilization
study of each facility to be constructed, replaced, or
expanded.
Sec. 510. None of the funds provided in this Act may be
used to increase the amount of occupiable square feet,
provide cleaning services, security enhancements, or any
other service usually provided through the Federal Buildings
Fund, to any agency that does not pay the rate per square
foot assessment for space and services as determined by the
General Services Administration in consideration of the
Public Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 511. From funds made available under the heading
``Federal Buildings Fund, Limitations on Availability of
Revenue'', claims against the Government of less than
$250,000 arising from direct construction projects and
acquisition of buildings may be liquidated from savings
effected in other construction projects with prior
notification to the Committees on Appropriations of the House
of Representatives and the Senate.
Sec. 512. In any case in which the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate adopt a resolution granting lease
authority pursuant to a prospectus transmitted to Congress by
the Administrator of the General Services Administration
under 40 U.S.C. 3307, the Administrator shall ensure that the
delineated area
[[Page H6202]]
of procurement is identical to the delineated area included
in the prospectus for all lease agreements, except that, if
the Administrator determines that the delineated area of the
procurement should not be identical to the delineated area
included in the prospectus, the Administrator shall provide
an explanatory statement to each of such committees and the
Committees on Appropriations of the House of Representatives
and the Senate prior to exercising any lease authority
provided in the resolution.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit
Systems Protection Board pursuant to Reorganization Plan
Numbered 2 of 1978, the Civil Service Reform Act of 1978, and
the Whistleblower Protection Act of 1989 (5 U.S.C. 5509
note), including services as authorized by 5 U.S.C. 3109,
rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, direct
procurement of survey printing, and not to exceed $2,000 for
official reception and representation expenses, $40,655,000,
to remain available until September 30, 2016, together with
not to exceed $2,345,000, to remain available until September
30, 2016, for administrative expenses to adjudicate
retirement appeals to be transferred from the Civil Service
Retirement and Disability Fund in amounts determined by the
Merit Systems Protection Board.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the
administration of the National Archives and Records
Administration and archived Federal records and related
activities, as provided by law, and for expenses necessary
for the review and declassification of documents, the
activities of the Public Interest Declassification Board, the
operations and maintenance of the electronic records
archives, the hire of passenger motor vehicles, and for
uniforms or allowances therefor, as authorized by law (5
U.S.C. 5901), including maintenance, repairs, and cleaning,
$360,000,000.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General
Reform Act of 2008, Public Law 110-409, 122 Stat. 4302-16
(2008), and the Inspector General Act of 1978 (5 U.S.C.
App.), and for the hire of passenger motor vehicles,
$4,130,000.
repairs and restoration
For the repair, alteration, and improvement of archives
facilities, and to provide adequate storage for holdings,
$7,600,000, to remain available until expended.
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for
historical publications and records as authorized by 44
U.S.C. 2504, $5,000,000, to remain available until expended.
National Credit Union Administration
community development revolving loan fund
For the Community Development Revolving Loan Fund program
as authorized by 42 U.S.C. 9812, 9822 and 9910, $2,000,000
shall be available until September 30, 2016, for technical
assistance to low-income designated credit unions.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office
of Government Ethics pursuant to the Ethics in Government Act
of 1978, the Ethics Reform Act of 1989, and the Stop Trading
on Congressional Knowledge Act of 2012, including services as
authorized by 5 U.S.C. 3109, rental of conference rooms in
the District of Columbia and elsewhere, hire of passenger
motor vehicles, and not to exceed $1,500 for official
reception and representation expenses, $15,420,000.
Office of Personnel Management
salaries and expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office
of Personnel Management (OPM) pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109; medical
examinations performed for veterans by private physicians on
a fee basis; rental of conference rooms in the District of
Columbia and elsewhere; hire of passenger motor vehicles; not
to exceed $2,500 for official reception and representation
expenses; advances for reimbursements to applicable funds of
OPM and the Federal Bureau of Investigation for expenses
incurred under Executive Order No. 10422 of January 9, 1953,
as amended; and payment of per diem and/or subsistence
allowances to employees where Voting Rights Act activities
require an employee to remain overnight at his or her post of
duty, $95,910,000; and in addition $118,425,000 for
administrative expenses, to be transferred from the
appropriate trust funds of OPM without regard to other
statutes, including direct procurement of printed materials,
for the retirement and insurance programs: Provided, That the
provisions of this appropriation shall not affect the
authority to use applicable trust funds as provided by
sections 8348(a)(1)(B), 8958(f)(2)(A), 8988(f)(2)(A), and
9004(f)(2)(A) of title 5, United States Code: Provided
further, That no part of this appropriation shall be
available for salaries and expenses of the Legal Examining
Unit of OPM established pursuant to Executive Order No. 9358
of July 1, 1943, or any successor unit of like purpose:
Provided further, That the President's Commission on White
House Fellows, established by Executive Order No. 11183 of
October 3, 1964, may, during fiscal year 2015, accept
donations of money, property, and personal services: Provided
further, That such donations, including those from prior
years, may be used for the development of publicity materials
to provide information about the White House Fellows, except
that no such donations shall be accepted for travel or
reimbursement of travel expenses, or for the salaries of
employees of such Commission.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, including services as authorized by 5 U.S.C. 3109,
hire of passenger motor vehicles, $4,384,000, and in
addition, not to exceed $21,340,000 for administrative
expenses to audit, investigate, and provide other oversight
of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate
trust funds of the Office of Personnel Management, as
determined by the Inspector General: Provided, That the
Inspector General is authorized to rent conference rooms in
the District of Columbia and elsewhere.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office
of Special Counsel pursuant to Reorganization Plan Numbered 2
of 1978, the Civil Service Reform Act of 1978 (Public Law 95-
454), the Whistleblower Protection Act of 1989 (Public Law
101-12) as amended by Public Law 107-304, the Whistleblower
Protection Enhancement Act of 2012 (Public Law 112-199), and
the Uniformed Services Employment and Reemployment Rights Act
of 1994 (Public Law 103-353), including services as
authorized by 5 U.S.C. 3109, payment of fees and expenses for
witnesses, rental of conference rooms in the District of
Columbia and elsewhere, and hire of passenger motor vehicles;
$21,452,000.
Postal Regulatory Commission
salaries and expenses
(including transfer of funds)
For necessary expenses of the Postal Regulatory Commission
in carrying out the provisions of the Postal Accountability
and Enhancement Act (Public Law 109-435), $14,152,000, to be
derived by transfer from the Postal Service Fund and expended
as authorized by section 603(a) of such Act.
Privacy and Civil Liberties Oversight Board
salaries and expenses
For necessary expenses of the Privacy and Civil Liberties
Oversight Board, as authorized by section 1061 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (42
U.S.C. 2000ee), $4,500,000, to remain available until
September 30, 2016.
Recovery Accountability and Transparency Board
salaries and expenses
For necessary expenses of the Recovery Accountability and
Transparency Board to carry out the provisions of title XV of
the American Recovery and Reinvestment Act of 2009 (Public
Law 111-5), and to develop and test information technology
resources and oversight mechanisms to enhance transparency of
and detect and remediate waste, fraud, and abuse in Federal
spending, and to develop and use information technology
resources and oversight mechanisms to detect and remediate
waste, fraud, and abuse in obligation and expenditure of
funds as described in section 904(d) of the Disaster Relief
Appropriations Act, 2013 (Public Law 113-2), which shall be
administered under the terms and conditions of the
accountability authorities of title XV of Public Law 111-5,
$15,000,000.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C.
3109, the rental of space (to include multiple year leases)
in the District of Columbia and elsewhere, and not to exceed
$3,500 for official reception and representation expenses,
$1,400,000,000 to remain available until expended; of which
not less than $9,239,000 shall be for the Office of Inspector
General; of which not to exceed $50,000 shall be available
for a permanent secretariat for the International
Organization of Securities Commissions; of which not to
exceed $100,000 shall be available for expenses for
consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, members
of their delegations and staffs to exchange views concerning
securities matters, such expenses to include necessary
logistic and administrative expenses and the expenses of
Commission staff and foreign invitees in attendance
including: (1) incidental expenses such as meals; (2) travel
and transportation; and (3) related lodging or subsistence;
of which funding for information technology initiatives shall
be increased
[[Page H6203]]
over the fiscal year 2014 level by not less than $50,000,000;
and of which not less than $68,872,000 shall be for the
Division of Economic and Risk Analysis: Provided, That fees
and charges authorized by section 31 of the Securities
Exchange Act of 1934 (15 U.S.C. 78ee) shall be credited to
this account as offsetting collections: Provided further,
That not to exceed $1,400,000,000 of such offsetting
collections shall be available until expended for necessary
expenses of this account: Provided further, That the total
amount appropriated under this heading from the general fund
for fiscal year 2015 shall be reduced as such offsetting fees
are received so as to result in a final total fiscal year
2015 appropriation from the general fund estimated at not
more than $0.
Amendment Offered by Ms. Waters
Ms. WATERS. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 85, line 19, insert after the dollar amount insert the
following: ``(increased by $300,000,000)''.
Page 86, line 16, insert after the dollar amount insert the
following: ``(increased by $300,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 661, the gentlewoman
from California and a Member opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from California.
Ms. WATERS. Mr. Chairman, I urge adoption of my amendment to fully
fund the Securities and Exchange Commission, one of Wall Street's top
sheriffs, at the President's request of $1.7 billion and at no cost to
the taxpayer.
The United States has the most vibrant capital markets, which are the
envy of the world. Both large and small businesses looking to raise
capital are able to do so with incredible efficiency and at minimal
cost. Businesses are able to do this because their investors know that
there are strong rules of the road and a regulator that will hold them
accountable.
The underlying bill, however, undermines the SEC by cutting nearly
$300 million or nearly 20 percent from the requested level. Wall
Street's cop is woefully underfunded already, and one need only look as
far as its IT budget compared with just a few of the entities it
oversees.
In fiscal year 2013, the IT budgets of the six largest financial
institutions equaled an amount more than 100 times that of the SEC.
Although my Republican colleagues suggest that they are generously
providing an increase, they use budget gimmicks to mask real cuts to IT
infrastructure.
The world's capital markets have grown at an ever-accelerating rate,
and likewise, so has the SEC's responsibilities. Today, the SEC
oversees 11,000 investment advisers, 10,000 mutual funds, 4,450 broker-
dealers, the securities exchanges, clearing agencies, credit rating
agencies, and other self-regulatory organizations. The SEC also reviews
the disclosures of nearly 9,000 public companies.
Following the 2008 financial crisis, Congress significantly increased
SEC's responsibilities by requiring oversight of hedge funds, municipal
advisers, and certain derivatives by passing Dodd-Frank. My amendment
is needed to support all of these activities.
The Republican bill also includes substantial carve-outs, which will
lead to cuts to enforcement and examinations. The SEC will have to
impose hiring freezes for lawyers that would have brought enforcement
cases against bad actors.
Last year, SEC recovered $3.4 billion in 2013--or twice the amount
that would fully fund the agency. The SEC will also have to furlough
examiners under the Republican bill, examiners that are needed to
reduce the backlog of investment advisers that have never been visited
by the SEC.
There is broad opposition to the Republican funding level. The White
House says:
At this level, the SEC will be unable to add critical
positions in market oversight, compliance, and enforcement to
carry out its financial oversight responsibilities.
What is really disappointing is that Congress can fund the SEC at any
level without affecting the debt and deficit. There are no budget
savings from cutting the SEC. That is because the SEC's budget is paid
through tiny fees on securities transactions.
Here is what CalPERS, the largest public pension plan in the United
States, says about SEC funding:
The Commission's work can't be achieved without the
resources it needs to be effective. The SEC needs to be given
the tools to do the job: full and independent funding.
In addition, investor advocates like the AARP, the Consumer
Federation of America, as well as industry groups like the Investment
Adviser Association and the Financial Planning Association all support
fully funding the SEC, and so should you.
A fully-funded SEC helps America's entrepreneurs raise funds to
finance jobs and development. A fully-funded SEC ensures that our
markets operate efficiently. A fully-funded SEC protects hard-earned
savings funding our Nation's retirement and our children's education.
I urge adoption of this amendment.
The Acting CHAIR. The time of the gentlewoman has expired.
Mr. CRENSHAW. Mr. Chairman, I claim the time in opposition.
The Acting CHAIR. The gentleman from Florida is recognized for 5
minutes.
Mr. CRENSHAW. Mr. Chairman, this committee is not starving the SEC
for funds. The SEC received an 11 percent increase in fiscal year 2012.
They received an 8 percent increase over the sequester level in 2014,
and this year, the SEC is asking for $350 million more than they
received in 2014. That is a 26 percent increase over fiscal year 2014.
Now, for fiscal year 2015, the committee recommends $1.4 billion.
That is $50 million above the fiscal year 2014, and it is specifically
for critical SEC information technology initiatives.
Listen to this: since 2001, Congress has increased the SEC's funding
level by more than 200 percent. Not many Federal agencies can say they
have received that kind of increase the way the SEC has. Then you ask
yourself: What did the Commission get for that increased funding?
Well, the Commission missed the Madoff Ponzi scheme. They signed a
no-bid lease for almost a million square feet of office space they
didn't need, they produced inaccurate financial statements, they failed
to conduct a serious and thorough review of the agency's bureaucratic
and siloed structure in order to become more efficient and more
effective, and they wasted over a million dollars on unnecessary
equipment.
I might add they have had some of their rules thrown out in court due
to the lack of economic analysis.
{time} 2215
That is just to name a few of the embarrassing moments that the SEC
enforcement and management has endured. This is not about a lack of
funding. Throwing more money at the SEC is not the answer.
We believe the Commission needs to get back on track to show real
progress before we give them hundreds of millions of dollars of new
money. The bill has targeted extra funding in areas of need within the
Commission. That is information technology and economic analysis.
Over the past 3 years, this committee has consistently supported the
SEC's information technology funding. If we could upgrade the
information technology systems they will be better able to leverage
their resources, catch the bad actors, and provide the quality review
that securities filings demand.
The fact that this agency is fee-funded in no way diminishes the need
for congressional oversight over the Commission's funding.
The SEC, in summary, is not starved for resources. We can't buy a
better regulator. Those are just nice talking points, but they are not
really based on facts.
I urge a ``no'' vote on this amendment, and I reserve the balance of
my time.
Mr. SERRANO. Mr. Chairman, I move to strike the last word.
The Acting CHAIR. The gentleman from New York is recognized for 5
minutes.
Mr. SERRANO. I yield to the gentlewoman from California (Ms. Waters).
Ms. WATERS. I thank the gentleman for yielding.
Mr. Chairman and Members, listening to my friend on the opposite side
of the aisle you would think that the SEC has no additional
responsibilities.
As I quoted in my presentation:
The world's capital markets have grown at an ever accelerating rate,
and likewise, so have the SEC's responsibilities. Today, the SEC
oversees 11,000 investment advisers, 10,000 mutual funds,
[[Page H6204]]
4,450 broker-dealers, the securities exchanges, clearing agencies,
credit rating agencies, and other self-regulatory organizations. The
SEC also reviews the disclosures of nearly 9,000 public companies.
And, following the 2008 financial crisis, Congress increased SEC's
responsibilities by requiring oversight of hedge funds, municipal
advisors, and certain derivatives by passing Dodd-Frank.
So, my friend on the opposite side of the aisle disregards all of
this as if the SEC doesn't have these expanded responsibilities. They
certainly do, and they should be paid for. Again, this does not
increase any debt. This is paid for through the many companies that
have to pay a small fee, and they will not allow those fees to be used
to support the work of the SEC and the IT needs that they have. It does
not make good sense.
Mr. SERRANO. Mr. Chairman, I rise in support of the amendment, which
is very similar to an amendment I offered in full committee during
consideration of this bill.
The bill currently provides $300 million less for the SEC than what
the administration has asked for in 2015, and prohibits the SEC from
using the reserve fund established by Dodd-Frank for missing critical
IT needs, which is, in effect, another $70 million reduction in
funding.
At the proposed funding level, the SEC would have to reduce its
current staff at the very time they need to be hiring new experts who
help protect investors and to fully implement all of the rules and
responsibilities required by Dodd-Frank.
Our Nation is still feeling the effect of the complex financial
schemes that led to the 2008 financial meltdown. The reforms in Dodd-
Frank will help prevent future problems, but the SEC needs adequate
funding to carry them out.
This amendment deals with that issue. Ms. Waters' amendment is one
that really supplies the strength for creating and for supporting that
``cop on the beat'' that we always mention on the issue of Wall Street.
We can't allow that to happen again. The SEC has its responsibility. We
continue to cut its funding. And I repeat, I was around when we had the
power to do oversight, and we didn't do it, and the agency itself did
not do it, and that led to that meltdown which we are still feeling the
effects of.
I support your amendment, and I hope everybody else would vote in
support of it, and I yield back the balance of my time.
Mr. CRENSHAW. Mr. Chairman, I just want to remind everyone, as I
pointed out, in a little over 10 years, the funding for the SEC has
increased over 200 percent--200 percent. I think there is adequate
money to do the job they were given to do. They just need to do it
effectively and efficiently, like other areas of government are asked
to perform.
With that, I urge a ``no'' vote on the amendment, and I yield back
the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from California (Ms. Waters).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Ms. WATERS. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from California
will be postponed.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training
for uniformed personnel assigned to the Selective Service
System, as authorized by 5 U.S.C. 4101-4118 for civilian
employees; hire of passenger motor vehicles; services as
authorized by 5 U.S.C. 3109; and not to exceed $750 for
official reception and representation expenses; $21,500,000:
Provided, That during the current fiscal year, the President
may exempt this appropriation from the provisions of 31
U.S.C. 1341, whenever the President deems such action to be
necessary in the interest of national defense: Provided
further, That none of the funds appropriated by this Act may
be expended for or in connection with the induction of any
person into the Armed Forces of the United States.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the
Small Business Administration, including hire of passenger
motor vehicles as authorized by sections 1343 and 1344 of
title 31, United States Code, and not to exceed $3,500 for
official reception and representation expenses, $253,882,000,
of which not less than $12,000,000 shall be available for
examinations, reviews, and other lender oversight activities:
Provided, That the Administrator is authorized to charge fees
to cover the cost of publications developed by the Small
Business Administration, and certain loan program activities,
including fees authorized by section 5(b) of the Small
Business Act: Provided further, That, notwithstanding 31
U.S.C. 3302, revenues received from all such activities shall
be credited to this account, to remain available until
expended, for carrying out these purposes without further
appropriations: Provided further, That the Small Business
Administration may accept gifts in an amount not to exceed
$4,000,000 and may co-sponsor activities, each in accordance
with section 132(a) of division K of Public Law 108-447,
during fiscal year 2015: Provided further, That $6,100,000
shall be available for the Loan Modernization and Accounting
System, to be available until September 30, 2016.
Amendment Offered by Mr. Gosar
Mr. GOSAR. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 87, line 25, after the first dollar amount, insert
``(reduced by $3,882,000)''.
Page 88, line 21, after the dollar amount, insert
``(increased by $3,882,000)''.
The Acting CHAIR. Pursuant to House Resolution 661, the gentleman
from Arizona and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Arizona.
Mr. GOSAR. Mr. Chairman, I rise today to offer a simple, but
important, amendment, which will redirect resources in the bill to
important entrepreneurial development programs with the SBA.
Specifically, the amendment reduces a $3.8 million increase, above
the fiscal year 2014 level, that was slated to go towards
administration and bureaucracy. Instead, the amendment prioritizes
spending and redirects those funds to important programs that actually
help small businesses, like the HUBZone program, Small Business
Development Centers, SCORE, women's business centers, the State and
trade export promotion, Native American outreach, and veterans business
outreach centers.
If programs with the SBA are going to get an increase above fiscal
year 2014 levels, it should be for worthwhile SBA programs, not
bureaucracy.
Small businesses are the backbone of our economy and create on
average seven out of every 10 new jobs. The SBA needs to continue to
support worthwhile efforts that foster economic growth. The
entrepreneurial development programs within the SBA do exactly that.
In 2013, Small Business Development Centers helped nearly 15,000
entrepreneurs start businesses, providing counseling for nearly 65,000
others. SBDCs assist more than 530,000 clients annually and are a
critical program for creating jobs and helping small businesses grow.
In 2013, the SCORE program assisted with the creation of nearly
70,000 new jobs. The program provided important services that helped
open the doors of nearly 40,000 businesses.
I could go on about several other of the entrepreneurial development
programs, but I think you get my point, so in the interest of time I
will not.
I will discuss, however, the offset of this amendment. The committee
was critical of the Small Business Administration in the committee
report accompanying this bill.
I would like to quickly read a few excerpts from that report:
The committee believes the SBA should especially focus on
these ``true'' small businesses and less on larger businesses
in ``high-growth'' areas that have more capacity and access
to capital.
The committee remains concerned about the quality of lender
oversight at SBA. SBA's loan programs depend on an array of
outside parties to be executed.
In fiscal year 2011, the SBA Office of Inspector General
(OIG) found that more than half of the loan dollars
guaranteed by the SBA were made using delegated authorities
with limited oversight.
In an OIG report released June 6, 2014, the OIG found that
the SBA's Loan Guarantee Processing Center (LGPC)
``emphasized quantity over quality for 7(a) loan reviews,''
[[Page H6205]]
and loan specialists were not provided adequate guidance and
training to conduct 7(a) loan review assignments.
The committee has consistently provided SBA with robust
resources and expects the SBA to appropriately fund the LGPC
in order to provide a thorough review of all loans made by
the center. SBA loans made without an effective review
process leaves taxpayers on the hook for any defaults. The
committee expects SBA to adopt the recommendations included
in the OIG report and will continue to monitor the SBA's
progress in this area.
I ask my colleagues to support my commonsense amendment, and I thank
the chairman and ranking member for their continued work on the
committee.
With that, I yield to the gentleman from Florida, the chairman.
Mr. CRENSHAW. I thank the gentleman for yielding, and I am pleased to
support his amendment.
Mr. GOSAR. I thank the chairman, and I yield back the balance of my
time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Arizona (Mr. Gosar).
The amendment was agreed to.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:
entrepreneurial development programs
For necessary expenses of programs supporting
entrepreneurial and small business development, $197,825,000,
to remain available until September 30, 2016.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $19,400,000.
office of advocacy
For necessary expenses of the Office of Advocacy in
carrying out the provisions of title II of Public Law 94-305
(15 U.S.C. 634a et seq.) and the Regulatory Flexibility Act
of 1980 (5 U.S.C. 601 et seq.), $8,750,000, to remain
available until expended.
business loans program account
(including transfer of funds)
For the cost of direct loans, $2,500,000, to remain
available until expended, and for the cost of guaranteed
loans as authorized by section 503 of the Small Business
Investment Act of 1958 (Public Law 85-699), $45,000,000, to
remain available until expended: Provided, That such costs,
including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of
1974: Provided further, That subject to section 502 of the
Congressional Budget Act of 1974, during fiscal year 2015
commitments to guarantee loans under section 503 of the Small
Business Investment Act of 1958 shall not exceed
$7,500,000,000: Provided further, That during fiscal year
2015 commitments for general business loans authorized under
section 7(a) of the Small Business Act shall not exceed
$18,500,000,000 for a combination of amortizing term loans
and the aggregated maximum line of credit provided by
revolving loans: Provided further, That during fiscal year
2015 commitments to guarantee loans for debentures under
section 303(b) of the Small Business Investment Act of 1958
shall not exceed $4,000,000,000: Provided further, That
during fiscal year 2015, guarantees of trust certificates
authorized by section 5(g) of the Small Business Act shall
not exceed a principal amount of $12,000,000,000. In
addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $147,726,000, which may be
transferred to and merged with the appropriations for
Salaries and Expenses.
disaster loans program account
(including transfers of funds)
For administrative expenses to carry out the direct loan
program authorized by section 7(b) of the Small Business Act,
$186,858,000, to be available until expended, of which
$1,000,000 is for the Office of Inspector General of the
Small Business Administration for audits and reviews of
disaster loans and the disaster loan programs and shall be
transferred to and merged with the appropriations for the
Office of Inspector General; of which $176,858,000 is for
direct administrative expenses of loan making and servicing
to carry out the direct loan program, which may be
transferred to and merged with the appropriations for
Salaries and Expenses; and of which $9,000,000 is for
indirect administrative expenses for the direct loan program,
which may be transferred to and merged with the
appropriations for Salaries and Expenses.
administrative provisions--small business administration
(including transfer of funds)
Sec. 513. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Small
Business Administration in this Act may be transferred
between such appropriations, but no such appropriation shall
be increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this paragraph shall
be treated as a reprogramming of funds under section 608 of
this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section.
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone
on free and reduced rate mail, pursuant to subsections (c)
and (d) of section 2401 of title 39, United States Code,
$58,342,000: Provided, That mail for overseas voting and mail
for the blind shall continue to be free: Provided further,
That 6-day delivery and rural delivery of mail shall continue
at not less than the 1983 level: Provided further, That none
of the funds made available to the Postal Service by this Act
shall be used to implement any rule, regulation, or policy of
charging any officer or employee of any State or local child
support enforcement agency, or any individual participating
in a State or local program of child support enforcement, a
fee for information requested or provided concerning an
address of a postal customer: Provided further, That none of
the funds provided in this Act shall be used to consolidate
or close small rural and other small post offices.
office of inspector general
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $243,000,000, to be derived by transfer from the
Postal Service Fund and expended as authorized by section
603(b)(3) of the Postal Accountability and Enhancement Act
(Public Law 109-435).
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and
other services as authorized by 5 U.S.C. 3109, $50,000,000:
Provided, That travel expenses of the judges shall be paid
upon the written certificate of the judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
Sec. 601. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening
in regulatory or adjudicatory proceedings funded in this Act.
Sec. 602. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal
year, nor may any be transferred to other appropriations,
unless expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 604. None of the funds made available in this Act may
be transferred 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.
Sec. 605. None of the funds made available by this Act
shall be available for any activity or for paying the salary
of any Government employee where funding an activity or
paying a salary to a Government employee would result in a
decision, determination, rule, regulation, or policy that
would prohibit the enforcement of section 307 of the Tariff
Act of 1930 (19 U.S.C. 1307).
Sec. 606. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with chapter
83 of title 41, United States Code.
Sec. 607. No funds appropriated or otherwise made
available under this Act shall be made available to any
person or entity that has been convicted of violating chapter
83 of title 41, United States Code.
Sec. 608. Except as otherwise provided in this Act, none
of the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in
this Act that remain available for obligation or expenditure
in fiscal year 2015, or provided from any accounts in the
Treasury derived by the collection of fees and available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds or personnel for
any program, project, or activity for which funds have been
denied or restricted by the Congress; (4) proposes to use
funds directed for a specific activity by the Committee on
Appropriations of either the House of Representatives or the
Senate for a different purpose; (5) augments existing
programs, projects, or activities in excess of $5,000,000 or
10 percent, whichever is less; (6) reduces existing programs,
projects, or activities by $5,000,000 or 10 percent,
whichever is less; or (7) creates or reorganizes offices,
programs, or activities unless prior approval is received
from the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That prior to any
significant reorganization or restructuring of offices,
programs, or activities, each agency or entity funded in this
Act shall consult with the Committees on Appropriations of
the House of Representatives and the Senate: Provided
further, That not later than 60 days after the date of
enactment of this Act, each agency funded by this Act shall
submit a report to the Committees on Appropriations of
[[Page H6206]]
the House of Representatives and the Senate to establish the
baseline for application of reprogramming and transfer
authorities for the current fiscal year: Provided further,
That at a minimum the report shall include: (1) a table for
each appropriation with a separate column to display the
President's budget request, adjustments made by Congress,
adjustments due to enacted rescissions, if appropriate, and
the fiscal year enacted level; (2) a delineation in the table
for each appropriation both by object class and program,
project, and activity as detailed in the budget appendix for
the respective appropriation; and (3) an identification of
items of special congressional interest: Provided further,
That the amount appropriated or limited for salaries and
expenses for an agency shall be reduced by $100,000 per day
for each day after the required date that the report has not
been submitted to the Congress.
Sec. 609. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2015 from
appropriations made available for salaries and expenses for
fiscal year 2015 in this Act, shall remain available through
September 30, 2016, for each such account for the purposes
authorized: Provided, That a request shall be submitted to
the Committees on Appropriations of the House of
Representatives and the Senate for approval prior to the
expenditure of such funds: Provided further, That these
requests shall be made in compliance with reprogramming
guidelines.
Sec. 610. (a) None of the funds made available in this Act
may be used by the Executive Office of the President to
request--
(1) any official background investigation report on any
individual from the Federal Bureau of Investigation; or
(2) a determination with respect to the treatment of an
organization as described in section 501(c) of the Internal
Revenue Code of 1986 and exempt from taxation under section
501(a) of such Code from the Department of the Treasury or
the Internal Revenue Service.
(b) Subsection (a) shall not apply--
(1) in the case of an official background investigation
report, if such individual has given express written consent
for such request not more than 6 months prior to the date of
such request and during the same presidential administration;
or
(2) if such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under
chapter 15 of title 41, United States Code, shall not apply
with respect to a contract under the Federal Employees Health
Benefits Program established under chapter 89 of title 5,
United States Code.
Sec. 612. For the purpose of resolving litigation and
implementing any settlement agreements regarding the
nonforeign area cost-of-living allowance program, the Office
of Personnel Management may accept and utilize (without
regard to any restriction on unanticipated travel expenses
imposed in an Appropriations Act) funds made available to the
Office of Personnel Management pursuant to court approval.
Sec. 613. No funds appropriated by this Act shall be
available to pay for an abortion, or the administrative
expenses in connection with any health plan under the Federal
employees health benefits program which provides any benefits
or coverage for abortions.
Sec. 614. The provision of section 613 shall not apply
where the life of the mother would be endangered if the fetus
were carried to term, or the pregnancy is the result of an
act of rape or incest.
Sec. 615. In order to promote Government access to
commercial information technology, the restriction on
purchasing nondomestic articles, materials, and supplies set
forth in chapter 83 of title 41, United States Code
(popularly known as the Buy American Act), shall not apply to
the acquisition by the Federal Government of information
technology (as defined in section 11101 of title 40, United
States Code), that is a commercial item (as defined in
section 103 of title 41, United States Code).
Sec. 616. Notwithstanding section 1353 of title 31, United
States Code, no officer or employee of any regulatory agency
or commission funded by this Act may accept on behalf of that
agency, nor may such agency or commission accept, payment or
reimbursement from a non-Federal entity for travel,
subsistence, or related expenses for the purpose of enabling
an officer or employee to attend and participate in any
meeting or similar function relating to the official duties
of the officer or employee when the entity offering payment
or reimbursement is a person or entity subject to regulation
by such agency or commission, or represents a person or
entity subject to regulation by such agency or commission,
unless the person or entity is an organization described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code.
Sec. 617. Notwithstanding section 708 of this Act, funds
made available to the Commodity Futures Trading Commission
and the Securities and Exchange Commission by this or any
other Act may be used for the interagency funding and
sponsorship of a joint advisory committee to advise on
emerging regulatory issues.
Sec. 618. Not later than 45 days after the end of each
quarter, the Department of the Treasury, the Executive Office
of the President, the Judiciary, the Federal Communications
Commission, the Federal Trade Commission, the General
Services Administration, the National Archives and Records
Administration, the Securities and Exchange Commission, and
the Small Business Administration shall provide the
Committees on Appropriations of the House of Representatives
and the Senate a quarterly accounting of the cumulative
balances of any unobligated funds.
Sec. 619. (a)(1) Notwithstanding any other provision of
law, an Executive agency covered by this Act otherwise
authorized to enter into contracts for either leases or the
construction or alteration of real property for office,
meeting, storage, or other space must consult with the
General Services Administration before issuing a solicitation
for offers of new leases or construction contracts, and in
the case of succeeding leases, before entering into
negotiations with the current lessor.
(2) Any such agency with authority to enter into an
emergency lease may do so during any period declared by the
President to require emergency leasing authority with respect
to such agency.
(b) For purposes of this section, the term ``Executive
agency covered by this Act'' means any Executive agency
provided funds by this Act, but does not include the General
Services Administration or the United States Postal Service.
Sec. 620. None of the funds made available in this Act may
be used by the Federal Trade Commission to complete the draft
report entitled ``Interagency Working Group on Food Marketed
to Children: Preliminary Proposed Nutrition Principles to
Guide Industry Self-Regulatory Efforts'' unless the
Interagency Working Group on Food Marketed to Children
complies with Executive Order No. 13563.
Sec. 621. None of the funds made available by this or any
other Act may be used to pay the salaries and expenses for
the following positions:
(1) Director, White House Office of Health Reform, or any
substantially similar position.
(2) Assistant to the President for Energy and Climate
Change, or any substantially similar position.
(3) Senior Advisor to the Secretary of the Treasury
assigned to the Presidential Task Force on the Auto Industry
and Senior Counselor for Manufacturing Policy, or any
substantially similar position.
(4) White House Director of Urban Affairs, or any
substantially similar position.
Sec. 622. None of the funds made available by this Act may
be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation
that has any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies
have been exhausted or have lapsed, and that is not being
paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability, where
the awarding agency is aware of the unpaid tax liability,
unless the Federal agency has considered suspension or
debarment of the corporation and has made a determination
that this further action is not necessary to protect the
interests of the Government.
Sec. 623. None of the funds made available by this Act may
be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation
that was convicted of a felony criminal violation under any
Federal law within the preceding 24 months, where the
awarding agency is aware of the conviction, unless the
Federal agency has considered suspension or debarment of the
corporation and has made a determination that this further
action is not necessary to protect the interests of the
Government.
Sec. 624. (a) There are appropriated for the following
activities the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to--
(A) the Judicial Officers' Retirement Fund (28 U.S.C.
377(o));
(B) the Judicial Survivors' Annuities Fund (28 U.S.C.
376(c)); and
(C) the United States Court of Federal Claims Judges'
Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions--
(A) with respect to the health benefits of retired
employees, as authorized by chapter 89 of title 5, United
States Code, and the Retired Federal Employees Health
Benefits Act (74 Stat. 849); and
(B) with respect to the life insurance benefits for
employees retiring after December 31, 1989 (5 U.S.C. ch. 87).
(4) Payment to finance the unfunded liability of new and
increased annuity benefits under the Civil Service Retirement
and Disability Fund (5 U.S.C. 8348).
(5) Payment of annuities authorized to be paid from the
Civil Service Retirement and Disability Fund by statutory
provisions other than subchapter III of chapter 83 or chapter
84 of title 5, United States Code.
(b) Nothing in this section may be construed to exempt any
amount appropriated by this section from any otherwise
applicable limitation on the use of funds contained in this
Act.
Sec. 625. During fiscal year 2015, no funds shall be
obligated from the Securities and Exchange Commission Reserve
Fund established by section 991 of the Dodd-Frank Wall
[[Page H6207]]
Street Reform and Consumer Protection Act (Public Law 111-
203).
{time} 2230
Amendment Offered by Ms. Waters
Ms. WATERS. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 104, after line 21, insert the following:
Sec. __. Section 204 of the Investment Advisers Act of
1940 (15 U.S.C. 80b-4) is amended by adding at the end the
following new subsection:
``(e) Inspection and Examination Fees.--
``(1) In general.--The Commission shall collect an annual
fee from investment advisers that are subject to inspection
or examination by the Commission under this title to defray
the cost of such inspections and examinations.
``(2) Exemptions for certain state-regulated investment
advisers.--No fees shall be collected under this subsection
from any investment adviser that is prohibited from
registering with the Commission under section 203 by reason
of section 203A.
``(3) Fee amounts.--
``(A) Amount to be collected.--
``(i) In general.--The Commission shall seek to ensure that
the aggregate amount of fees collected under this subsection
with respect to a specific fiscal year are equal to the
estimated cost of the Commission in carrying out additional
inspections and examinations for such fiscal year.
``(ii) Additional inspections and examinations defined.--
For purposes of this subparagraph and with respect to a
fiscal year, the term `additional inspections and
examinations' means those inspections and examinations of
investment advisers under this title for such fiscal year
that exceed the number of inspections and examinations of
investment advisers under this title conducted during fiscal
year 2012.
``(B) Fee calculation formula.--The Commission shall
establish by rulemaking a formula for determining the fee
amount to be assessed against individual investment advisers,
which shall take into account the following factors:
``(i) The anticipated costs of conducting inspections and
examinations of investment advisers under this title,
including the anticipated frequency of such inspections and
examinations.
``(ii) The investment adviser's size, including the assets
under management of the investment adviser.
``(iii) The number and type of clients of the investment
adviser, and the extent to which the adviser's clients pay
other fees established by the Commission, including
registration and transaction fees.
``(iv) Such other objective factors, such as risk
characteristics, as the Commission determines to be
appropriate.
``(C) Adjustment of formula.--Prior to the end of each
fiscal year, the Commission shall review the fee calculation
formula and, if, after allowing for a period of public
comment, the Commission determines that the formula needs to
be revised, the Commission shall revise such formula before
fees are assessed for the following fiscal year.
``(4) Public disclosures.--The Commission shall make the
following information publicly available, including on the
Web site of the Commission:
``(A) The formula used to determine the fee amount to be
assessed against individual investment advisers, and any
adjustment made to such formula.
``(B) The factors used to determine such formula, including
any additional objective factors used by the Commission
pursuant to paragraph (3)(B)(iv).
``(5) Audit.--
``(A) In general.--The Comptroller General of the United
States shall, every 2 years, conduct an audit of the use of
the fees collected by the Commission under this subsection,
the reviews of the formula used to calculate such fees, and
any adjustments made by the Commission to such formula.
``(B) Report.--After conducting each audit required under
subparagraph (A), the Comptroller General shall issue a
report on such audit to the Committee on Financial Services
of the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate.
``(6) Treatment of fees.--
``(A) In general.--Funds derived from fees assessed under
this subsection shall be available to the Commission, without
further appropriation or fiscal year limitation, to pay any
costs associated with inspecting and examining investment
advisers that are subject to inspection and examination under
this title.
``(B) Funds not public funds.--Funds derived from fees
assessed under this subsection shall not be construed to be
Government or public funds or appropriated money.
Notwithstanding any other provision of law, funds derived
from fees assessed under this subsection shall not be subject
to apportionment for the purpose of chapter 15 of title 31,
United States Code, or under any other authority.
``(C) Funds supplemental to other amounts.--Funds derived
from fees assessed under this subsection shall supplement,
and be in addition to, any other amounts available to the
Commission, under a regular appropriation or otherwise, for
the purpose described in subparagraph (A).''.
Mr. CRENSHAW (during the reading). Mr. Chairman, I reserve a point of
order on the gentlewoman's amendment.
The Acting CHAIR. A point of order is reserved.
The Clerk will continue to report the amendment.
The Clerk continued to read.
Ms. WATERS (during the reading). Mr. Chairman, I ask unanimous
consent to dispense with the reading.
The Acting CHAIR. Is there objection to the request of the
gentlewoman from California?
There was no objection.
The Acting CHAIR. Pursuant to House Resolution 661, the gentlewoman
from California (Ms. Waters) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from California.
Ms. WATERS. Mr. Chairman, my amendment is a commonsense provision
that would help reverse some of the damaging efforts directed at the
SEC we have seen this Congress, efforts that have been squarely aimed
at hamstringing the Commission, including: underfunding the SEC by $300
million, or 20 percent below the President's fiscal year 2015 request;
bogging down the SEC in onerous cost-benefit analysis provisions that
would divert resources away from important efforts, like enforcement;
and myriad attempts in the Financial Services Committee to limit the
information available to retirees that make decisions about whether to
put their hard-earned money into public companies.
My amendment would help to counteract these efforts by providing the
SEC with the authority to impose and collect reasonable user fees on
federally registered investment advisers for the purpose of increasing
the number and frequency of SEC examinations. This is consistent with
my bill, H.R. 1627, the Investment Adviser Examination Improvement Act,
which I have coauthored with Representative Delaney.
Today, investment advisers may go more than a decade before being
visited by the SEC. It is absolutely essential that we improve the
oversight of investment advisers, the people that manage the assets of
millions of individual and institutional investors across the country.
This is particularly true if we are underfunding the SEC by $300
million, as this underlying bill proposes.
The SEC currently only examines approximately 9 percent of advisers
annually out of the almost 11,000 advisers registered with the
Commission. The legislation and this amendment provide the SEC with
additional resources to conduct more examinations and protect
investors.
I believe this amendment and our bill provides the simplest, most
efficient solution to the problem of inadequate adviser oversight.
Also, because the user fees contemplated in the amendment would only be
used to fund the regulation of investment advisers and not to subsidize
other functions at the SEC, I think that this option would be more
cost-effective for the industry. In fact, a study by the Boston
Consulting Group supports that point.
This amendment will help the SEC to close this resource gap. By
entrusting this responsibility to the Commission, it will also leverage
their 70-year history of experience in this regulatory role and prevent
the establishment of a duplicative SRO bureaucracy.
In addition to consumer and retiree advocates, my bill is supported
by the investment adviser industry, including the Investment Adviser
Association, the Financial Planning Association, the National
Association of Personal Financial Advisers, and the Certified Financial
Planner Board. They support my bill because they know that clear rules
of the road and robust examinations bolster public confidence in the
market and ultimately help their bottom line.
I urge the adoption of this amendment, and I yield back the balance
of my time.
Point of Order
Mr. CRENSHAW. Mr. Chairman, I make a point of order against the
amendment because it proposes to change existing law and constitutes
legislation in an appropriation bill and, therefore, violates clause 2
of rule XXI.
The rule states, in pertinent part:
``An amendment to a general appropriation bill shall not be in order
if changing existing law.''
[[Page H6208]]
This amendment directly amends existing law.
I ask for a ruling from the Chair.
The Acting CHAIR (Mr. Thompson of Pennsylvania). Does any other
Member wish to be heard on the point of order?
If not, the Chair is prepared to rule.
The Chair finds that this amendment directly amends existing law. The
amendment, therefore, constitutes legislation in violation of clause 2
of rule XXI. The point of order is sustained, and the amendment is not
in order.
The Clerk will read.
The Clerk read as follows:
Sec. 626. None of the funds made available by this Act
shall be used by the Securities and Exchange Commission to
finalize, issue, or implement any rule, regulation, or order
regarding the disclosure of political contributions,
contributions to tax exempt organizations, or dues paid to
trade associations.
Sec. 627. Section 2(c) of the Multinational Species
Conservation Fund Semipostal Stamp Act of 2010 (Public Law
111-241; 39 U.S.C. 416 note) is amended--
(1) in paragraph (2), by striking ``2 years'' and inserting
``6 years''; and
(2) by adding at the end the following:
``(5) Stamp depictions.--Members of the public shall be
offered a choice of 5 stamps under this Act, depicting an
African elephant or an Asian elephant, a rhinoceros, a tiger,
a marine turtle, and a great ape, respectively.''.
Sec. 628. (a) Not later than 180 days after the date of
enactment of this section, the agencies specified in
subsection (b) shall each submit a report to the Committees
on Appropriations of the House of Representatives and the
Senate on--
(1) increasing public participation in the rulemaking
process and reducing uncertainty;
(2) improving coordination with other Federal agencies to
eliminate redundant, inconsistent, and overlapping
regulations; and
(3) identifying existing regulations that have been
reviewed and determined to be outmoded, ineffective, or
excessively burdensome.
(b) The agencies required to submit a report specified in
subsection (a) are--
(1) the Consumer Product Safety Commission;
(2) the Federal Communications Commission;
(3) the Federal Trade Commission; and
(4) the Securities and Exchange Commission.
Mr. CRENSHAW. Mr. Chairman, I ask unanimous consent that the
remainder of the bill through page 152, line 9, be considered as read,
printed in the Record, and open to amendment at any point.
The Acting CHAIR. Is there objection to the request of the gentleman
from Florida?
There was no objection.
The text of that portion of the bill is as follows:
Sec. 629. None of the funds made available in this Act may
be used to award a contract for services to train any
employee of an Executive agency (as that term is defined in
section 105 of title 5, United States Code) to learn how to
support or defeat legislation pending before Congress.
Sec. 630. (a) None of the funds made available in this Act
to the Internal Revenue Service may be used to destroy,
deface, or dispose of records, regardless of their physical
form or characteristics, in contravention of chapters 29, 31,
and 33 of title 44, United States Code (commonly referred to
as the Federal Records Act).
(b) Not later than 90 days after the date of enactment of
this Act, the Archivist of the United States shall conduct an
inspection and submit a report to the Committees on
Appropriations of the House of Representatives and the
Senate, the House Committee on Oversight and Government
Reform, and the Senate Committee on Homeland Security and
Government Affairs on the compliance by the Internal Revenue
Service with the provisions of chapters 29, 31, and 33 of
title 44, United States Code, during calendar years 2009
through 2013.
Sec. 631. None of the funds made available by this Act may
be used to require the disclosure by a provider of an
electronic communication service or a remote computing
service of the contents or related information detailed in
section 2703(c) of title 18, United States Code, of a wire or
electronic communication that is in electronic storage with
or otherwise held or maintained by the provider, as such
terms are defined in section 2510 of title 18, United States
Code, by any other than a means authorized under section
2703(b)(1)(A) of title 18, United States Code.
Sec. 632. Section 716 of the Dodd-Frank Wall Street Reform
and Consumer Protection Act (15 U.S.C. 8305) is amended--
(1) in subsection (b)--
(A) in paragraph (2)(B), by striking ``insured depository
institution'' and inserting ``covered depository
institution''; and
(B) by adding at the end the following:
``(3) Covered depository institution.--The term `covered
depository institution' means--
``(A) an insured depository institution, as that term is
defined in section 3 of the Federal Deposit Insurance Act (12
U.S.C. 1813); and
``(B) a United States uninsured branch or agency of a
foreign bank.'';
(2) in subsection (c)--
(A) in the heading for such subsection, by striking
``Insured'' and inserting ``Covered'';
(B) by striking ``an insured'' and inserting ``a covered'';
(C) by striking ``such insured'' and inserting ``such
covered''; and
(D) by striking ``or savings and loan holding company'' and
inserting ``savings and loan holding company, or foreign
banking organization (as such term is defined under
Regulation K of the Board of Governors of the Federal Reserve
System (12 C.F.R. 211.21(o)))'';
(3) by amending subsection (d) to read as follows:
``(d) Only Bona Fide Hedging and Traditional Bank
Activities Permitted.--
``(1) In general.--The prohibition in subsection (a) shall
not apply to any covered depository institution that limits
its swap and security-based swap activities to the following:
``(A) Hedging and other similar risk mitigation
activities.--Hedging and other similar risk mitigating
activities directly related to the covered depository
institution's activities.
``(B) Non-structured finance swap activities.--Acting as a
swaps entity for swaps or security-based swaps other than a
structured finance swap.
``(C) Certain structured finance swap activities.--Acting
as a swaps entity for swaps or security-based swaps that are
structured finance swaps, if--
``(i) such structured finance swaps are undertaken for
hedging or risk management purposes; or
``(ii) each asset-backed security underlying such
structured finance swaps is of a credit quality and of a type
or category with respect to which the prudential regulators
have jointly adopted rules authorizing swap or security-based
swap activity by covered depository institutions.
``(2) Definitions.--For purposes of this subsection:
``(A) Structured finance swap.--The term `structured
finance swap' means a swap or security-based swap based on an
asset-backed security (or group or index primarily comprised
of asset-backed securities).
``(B) Asset-backed security.--The term `asset-backed
security' has the meaning given such term under section 3(a)
of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)).'';
(4) in subsection (e), by striking ``an insured'' and
inserting ``a covered''; and
(5) in subsection (f)--
(A) by striking ``an insured depository'' and inserting ``a
covered depository''; and
(B) by striking ``the insured depository'' each place such
term appears and inserting ``the covered depository''.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(including transfer of funds)
Sec. 701. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for fiscal year 2015 shall obligate or expend any
such funds, unless such department, agency, or
instrumentality has in place, and will continue to administer
in good faith, a written policy designed to ensure that all
of its workplaces are free from the illegal use, possession,
or distribution of controlled substances (as defined in the
Controlled Substances Act (21 U.S.C. 802)) by the officers
and employees of such department, agency, or instrumentality.
Sec. 702. Unless otherwise specifically provided, the
maximum amount allowable during the current fiscal year in
accordance with subsection 1343(c) of title 31, United States
Code, for the purchase of any passenger motor vehicle
(exclusive of buses, ambulances, law enforcement vehicles,
protective vehicles, and undercover surveillance vehicles),
is hereby fixed at $13,197 except station wagons for which
the maximum shall be $13,631: Provided, That these limits may
be exceeded by not to exceed $3,700 for police-type vehicles,
and by not to exceed $4,000 for special heavy-duty vehicles:
Provided further, That the limits set forth in this section
may not be exceeded by more than 5 percent for electric or
hybrid vehicles purchased for demonstration under the
provisions of the Electric and Hybrid Vehicle Research,
Development, and Demonstration Act of 1976: Provided further,
That the limits set forth in this section may be exceeded by
the incremental cost of clean alternative fuels vehicles
acquired pursuant to Public Law 101-549 over the cost of
comparable conventionally fueled vehicles: Provided further,
That the limits set forth in this section shall not apply to
any vehicle that is a commercial item and which operates on
emerging motor vehicle technology, including but not limited
to electric, plug-in hybrid electric, and hydrogen fuel cell
vehicles.
Sec. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year
available for expenses of travel, or for the expenses of the
activity concerned, are hereby made available for quarters
allowances and cost-of-living allowances, in accordance with
5 U.S.C. 5922 through 5924.
Sec. 704. Unless otherwise specified in law, during the
current fiscal year, no part of any
[[Page H6209]]
appropriation contained in this or any other Act shall be
used to pay the compensation of any officer or employee of
the Government of the United States (including any agency the
majority of the stock of which is owned by the Government of
the United States) whose post of duty is in the continental
United States unless such person: (1) is a citizen of the
United States; (2) is a person who is lawfully admitted for
permanent residence and is seeking citizenship as outlined in
8 U.S.C. 1324b(a)(3)(B); (3) is a person who is admitted as a
refugee under 8 U.S.C. 1157 or is granted asylum under 8
U.S.C. 1158 and has filed a declaration of intention to
become a lawful permanent resident and then a citizen when
eligible; or (4) is a person who owes allegiance to the
United States: Provided, That for purposes of this section,
affidavits signed by any such person shall be considered
prima facie evidence that the requirements of this section
with respect to his or her status are being complied with:
Provided further, That for purposes of subsections (2) and
(3) such affidavits shall be submitted prior to employment
and updated thereafter as necessary: Provided further, That
any payment made to any officer or employee contrary to the
provisions of this section shall be recoverable in action by
the Federal Government: Provided further, That this section
shall not apply to any person who is an officer or employee
of the Government of the United States on the date of
enactment of this Act, or to international broadcasters
employed by the Broadcasting Board of Governors, or to
temporary employment of translators, or to temporary
employment in the field service (not to exceed 60 days) as a
result of emergencies: Provided further, That this section
does not apply to the employment as Wildland firefighters for
not more than 120 days of nonresident aliens employed by the
Department of the Interior or the USDA Forest Service
pursuant to an agreement with another country.
Sec. 705. Appropriations available to any department or
agency during the current fiscal year for necessary expenses,
including maintenance or operating expenses, shall also be
available for payment to the General Services Administration
for charges for space and services and those expenses of
renovation and alteration of buildings and facilities which
constitute public improvements performed in accordance with
the Public Buildings Act of 1959 (73 Stat. 479), the Public
Buildings Amendments of 1972 (86 Stat. 216), or other
applicable law.
Sec. 706. In addition to funds provided in this or any
other Act, all Federal agencies are authorized to receive and
use funds resulting from the sale of materials, including
Federal records disposed of pursuant to a records schedule
recovered through recycling or waste prevention programs.
Such funds shall be available until expended for the
following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13423
(January 24, 2007), including any such programs adopted prior
to the effective date of the Executive Order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 707. Funds made available by this or any other Act
for administrative expenses in the current fiscal year of the
corporations and agencies subject to chapter 91 of title 31,
United States Code, shall be available, in addition to
objects for which such funds are otherwise available, for
rent in the District of Columbia; services in accordance with
5 U.S.C. 3109; and the objects specified under this head, all
the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the
Act by which they are made available: Provided, That in the
event any functions budgeted as administrative expenses are
subsequently transferred to or paid from other funds, the
limitations on administrative expenses shall be
correspondingly reduced.
Sec. 708. No part of any appropriation contained in this
or any other Act shall be available for interagency financing
of boards (except Federal Executive Boards), commissions,
councils, committees, or similar groups (whether or not they
are interagency entities) which do not have a prior and
specific statutory approval to receive financial support from
more than one agency or instrumentality.
Sec. 709. None of the funds made available pursuant to the
provisions of this or any other Act shall be used to
implement, administer, or enforce any regulation which has
been disapproved pursuant to a joint resolution duly adopted
in accordance with the applicable law of the United States.
Sec. 710. During the period in which the head of any
department or agency, or any other officer or civilian
employee of the Federal Government appointed by the President
of the United States, holds office, no funds may be obligated
or expended in excess of $5,000 to furnish or redecorate the
office of such department head, agency head, officer, or
employee, or to purchase furniture or make improvements for
any such office, unless advance notice of such furnishing or
redecoration is transmitted to the Committees on
Appropriations of the House of Representatives and the
Senate. For the purposes of this section, the term ``office''
shall include the entire suite of offices assigned to the
individual, as well as any other space used primarily by the
individual or the use of which is directly controlled by the
individual.
Sec. 711. Notwithstanding 31 U.S.C. 1346, or section 708
of this Act, funds made available for the current fiscal year
by this or any other Act shall be available for the
interagency funding of national security and emergency
preparedness telecommunications initiatives which benefit
multiple Federal departments, agencies, or entities, as
provided by Executive Order No. 13618 (July 6, 2012).
Sec. 712. (a) None of the funds made available by this or
any other Act may be obligated or expended by any department,
agency, or other instrumentality of the Federal Government to
pay the salaries or expenses of any individual appointed to a
position of a confidential or policy-determining character
that is excepted from the competitive service under section
3302 of title 5, United States Code, (pursuant to schedule C
of subpart C of part 213 of title 5 of the Code of Federal
Regulations) unless the head of the applicable department,
agency, or other instrumentality employing such schedule C
individual certifies to the Director of the Office of
Personnel Management that the schedule C position occupied by
the individual was not created solely or primarily in order
to detail the individual to the White House.
(b) The provisions of this section shall not apply to
Federal employees or members of the armed forces detailed to
or from an element of the intelligence community (as that
term is defined under section 3(4) of the National Security
Act of 1947 (50 U.S.C. 3003(4))).
Sec. 713. No part of any appropriation contained in this
or any other Act shall be available for the payment of the
salary of any officer or employee of the Federal Government,
who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or
employee or pertaining to the department or agency of such
other officer or employee in any way, irrespective of whether
such communication or contact is at the initiative of such
other officer or employee or in response to the request or
inquiry of such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance or
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of
the Federal Government, or attempts or threatens to commit
any of the foregoing actions with respect to such other
officer or employee, by reason of any communication or
contact of such other officer or employee with any Member,
committee, or subcommittee of the Congress as described in
paragraph (1).
Sec. 714. (a) None of the funds made available in this or
any other Act may be obligated or expended for any employee
training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written
end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 715. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for
the preparation, distribution or use of any kit, pamphlet,
booklet, publication, radio, television, or film presentation
designed to support or defeat legislation pending before the
Congress, except in presentation to the Congress itself.
Sec. 716. None of the funds appropriated by this or any
other Act may be used by an agency to provide a Federal
employee's home address to any labor organization except when
the employee has authorized such disclosure or when such
disclosure has been ordered by a court of competent
jurisdiction.
Sec. 717. None of the funds made available in this or any
other Act may be used to provide any non-public information
such as mailing, telephone or electronic mailing lists to any
person or any organization outside of the Federal Government
without the approval of the Committees on Appropriations of
the House of Representatives and the Senate.
[[Page H6210]]
Sec. 718. No part of any appropriation contained in this
or any other Act shall be used directly or indirectly,
including by private contractor, for publicity or propaganda
purposes within the United States not heretofore authorized
by Congress.
Sec. 719. (a) In this section, the term ``agency''--
(1) means an Executive agency, as defined under 5 U.S.C.
105; and
(2) includes a military department, as defined under
section 102 of such title, the Postal Service, and the Postal
Regulatory Commission.
(b) Unless authorized in accordance with law or regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform
official duties. An employee not under a leave system,
including a Presidential appointee exempted under 5 U.S.C.
6301(2), has an obligation to expend an honest effort and a
reasonable proportion of such employee's time in the
performance of official duties.
Sec. 720. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, funds made available for the current fiscal year
by this or any other Act to any department or agency, which
is a member of the Federal Accounting Standards Advisory
Board (FASAB), shall be available to finance an appropriate
share of FASAB administrative costs.
Sec. 721. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, the head of each Executive department and agency
is hereby authorized to transfer to or reimburse ``General
Services Administration, Government-wide Policy'' with the
approval of the Director of the Office of Management and
Budget, funds made available for the current fiscal year by
this or any other Act, including rebates from charge card and
other contracts: Provided, That these funds shall be
administered by the Administrator of General Services to
support Government-wide and other multi-agency financial,
information technology, procurement, and other management
innovations, initiatives, and activities, as approved by the
Director of the Office of Management and Budget, in
consultation with the appropriate interagency and multi-
agency groups designated by the Director (including the
President's Management Council for overall management
improvement initiatives, the Chief Financial Officers Council
for financial management initiatives, the Chief Information
Officers Council for information technology initiatives, the
Chief Human Capital Officers Council for human capital
initiatives, the Chief Acquisition Officers Council for
procurement initiatives, and the Performance Improvement
Council for performance improvement initiatives): Provided
further, That the total funds transferred or reimbursed shall
not exceed $17,000,000 for Government-Wide innovations,
initiatives, and activities: Provided further, That the funds
transferred to or for reimbursement of ``General Services
Administration, Government-wide Policy'' during fiscal year
2015 shall remain available for obligation through September
30, 2016: Provided further, That such transfers or
reimbursements may only be made after 15 days following
notification of the Committees on Appropriations of the House
of Representatives and the Senate by the Director of the
Office of Management and Budget.
Sec. 722. Notwithstanding any other provision of law, a
woman may breastfeed her child at any location in a Federal
building or on Federal property, if the woman and her child
are otherwise authorized to be present at the location.
Sec. 723. Notwithstanding 31 U.S.C. 1346, or section 708
of this Act, funds made available for the current fiscal year
by this or any other Act shall be available for the
interagency funding of specific projects, workshops, studies,
and similar efforts to carry out the purposes of the National
Science and Technology Council (authorized by Executive Order
No. 12881), which benefit multiple Federal departments,
agencies, or entities: Provided, That the Office of
Management and Budget shall provide a report describing the
budget of and resources connected with the National Science
and Technology Council to the Committees on Appropriations,
the House Committee on Science and Technology, and the Senate
Committee on Commerce, Science, and Transportation 90 days
after enactment of this Act.
Sec. 724. Any request for proposals, solicitation, grant
application, form, notification, press release, or other
publications involving the distribution of Federal funds
shall indicate the agency providing the funds, the Catalog of
Federal Domestic Assistance Number, as applicable, and the
amount provided: Provided, That this section shall apply to
direct payments, formula funds, and grants received by a
State receiving Federal funds.
Sec. 725. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available
in this or any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally
identifiable information relating to an individual's access
to or use of any Federal Government Internet site of the
agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to
an individual's access to or use of any nongovernmental
Internet site.
(b) Exceptions.--The limitations established in subsection
(a) shall not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet
site and is necessarily incident to providing the Internet
site services or to protecting the rights or property of the
provider of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety
and soundness, overall financial condition, management
practices and policies and compliance with applicable
standards as provided in law.
Sec. 726. (a) None of the funds appropriated by this Act
may be used to enter into or renew a contract which includes
a provision providing prescription drug coverage, except
where the contract also includes a provision for
contraceptive coverage.
(b) Nothing in this section shall apply to a contract
with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the
plan objects to such coverage on the basis of religious
beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any
individual to discrimination on the basis that the individual
refuses to prescribe or otherwise provide for contraceptives
because such activities would be contrary to the individual's
religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require
coverage of abortion or abortion-related services.
Sec. 727. The United States is committed to ensuring the
health of its Olympic, Pan American, and Paralympic athletes,
and supports the strict adherence to anti-doping in sport
through testing, adjudication, education, and research as
performed by nationally recognized oversight authorities.
Sec. 728. Notwithstanding any other provision of law,
funds appropriated for official travel to Federal departments
and agencies may be used by such departments and agencies, if
consistent with Office of Management and Budget Circular A-
126 regarding official travel for Government personnel, to
participate in the fractional aircraft ownership pilot
program.
Sec. 729. Notwithstanding any other provision of law, none
of the funds appropriated or made available under this or any
other appropriations Act may be used to implement or enforce
restrictions or limitations on the Coast Guard Congressional
Fellowship Program, or to implement the proposed regulations
of the Office of Personnel Management to add sections 300.311
through 300.316 to part 300 of title 5 of the Code of Federal
Regulations, published in the Federal Register, volume 68,
number 174, on September 9, 2003 (relating to the detail of
executive branch employees to the legislative branch).
Sec. 730. Notwithstanding any other provision of law, no
executive branch agency shall purchase, construct, or lease
any additional facilities, except within or contiguous to
existing locations, to be used for the purpose of conducting
Federal law enforcement training without the advance approval
of the Committees on Appropriations of the House of
Representatives and the Senate, except that the Federal Law
Enforcement Training Center is authorized to obtain the
temporary use of additional facilities by lease, contract, or
other agreement for training which cannot be accommodated in
existing Center facilities.
Sec. 731. Unless otherwise authorized by existing law,
none of the funds provided in this or any other Act may be
used by an executive branch agency to produce any prepackaged
news story intended for broadcast or distribution in the
United States, unless the story includes a clear notification
within the text or audio of the prepackaged news story that
the prepackaged news story was prepared or funded by that
executive branch agency.
Sec. 732. None of the funds made available in this Act may
be used in contravention of section 552a of title 5, United
States Code (popularly known as the Privacy Act), and
regulations implementing that section.
Sec. 733. (a) In General.--None of the funds appropriated
or otherwise made available by this or any other Act may be
used for any Federal Government contract with any foreign
incorporated entity which is treated as an inverted domestic
corporation under section 835(b) of the Homeland Security Act
of 2002 (6 U.S.C. 395(b)) or any subsidiary of such an
entity.
(b) Waivers.--
(1) In general.--Any Secretary shall waive subsection (a)
with respect to any Federal Government contract under the
authority of such Secretary if the Secretary determines that
the waiver is required in the interest of national security.
(2) Report to congress.--Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
[[Page H6211]]
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the
enactment of this Act, or to any task order issued pursuant
to such contract.
Sec. 734. During fiscal year 2015, for each employee who--
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of
title 5, United States Code, or
(2) retires under any other provision of subchapter III of
chapter 83 or chapter 84 of such title 5 and receives a
payment as an incentive to separate, the separating agency
shall remit to the Civil Service Retirement and Disability
Fund an amount equal to the Office of Personnel Management's
average unit cost of processing a retirement claim for the
preceding fiscal year. Such amounts shall be available until
expended to the Office of Personnel Management and shall be
deemed to be an administrative expense under section
8348(a)(1)(B) of title 5, United States Code.
Sec. 735. (a) None of the funds made available in this or
any other Act may be used to recommend or require any entity
submitting an offer for a Federal contract or otherwise
performing or participating in acquisition at any stage of
the acquisition process (as defined in section 131 of title
41, United States Code) of property or services by the
Federal Government to disclose any of the following
information as a condition of submitting the offer or
otherwise performing in or participating in such acquisition:
(1) Any payment consisting of a contribution, expenditure,
independent expenditure, or disbursement for an
electioneering communication that is made by the entity, its
officers or directors, or any of its affiliates or
subsidiaries to a candidate for election for Federal office
or to a political committee, or that is otherwise made with
respect to any election for Federal office.
(2) Any disbursement of funds (other than a payment
described in paragraph (1)) made by the entity, its officers
or directors, or any of its affiliates or subsidiaries to any
person with the intent or the reasonable expectation that the
person will use the funds to make a payment described in
paragraph (1).
(b) In this section, each of the terms ``contribution'',
``expenditure'', ``independent expenditure'',
``electioneering communication'', ``candidate'',
``election'', and ``Federal office'' has the meaning given
such term in the Federal Election Campaign Act of 1971 (2
U.S.C. 431 et seq.).
Sec. 736. None of the funds made available in this or any
other Act may be used to pay for the painting of a portrait
of an officer or employee of the Federal government,
including the President, the Vice President, a member of
Congress (including a Delegate or a Resident Commissioner to
Congress), the head of an executive branch agency (as defined
in section 133 of title 41, United States Code), or the head
of an office of the legislative branch.
Sec. 737. (a)(1) Notwithstanding any other provision of
law, and except as otherwise provided in this section, no
part of any of the funds appropriated for fiscal year 2015,
by this or any other Act, may be used to pay any prevailing
rate employee described in section 5342(a)(2)(A) of title 5,
United States Code--
(A) during the period from the date of expiration of the
limitation imposed by the comparable section for previous
fiscal years until the normal effective date of the
applicable wage survey adjustment that is to take effect in
fiscal year 2015, in an amount that exceeds the rate payable
for the applicable grade and step of the applicable wage
schedule in accordance with such section; and
(B) during the period consisting of the remainder of fiscal
year 2015, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under subparagraph (A) by
more than the sum of--
(i) the percentage adjustment taking effect in fiscal year
2015 under section 5303 of title 5, United States Code, in
the rates of pay under the General Schedule; and
(ii) the difference between the overall average percentage
of the locality-based comparability payments taking effect in
fiscal year 2015 under section 5304 of such title (whether by
adjustment or otherwise), and the overall average percentage
of such payments which was effective in the previous fiscal
year under such section.
(2) Notwithstanding any other provision of law, no
prevailing rate employee described in subparagraph (B) or (C)
of section 5342(a)(2) of title 5, United States Code, and no
employee covered by section 5348 of such title, may be paid
during the periods for which paragraph (1) is in effect at a
rate that exceeds the rates that would be payable under
paragraph (1) were paragraph (1) applicable to such employee.
(3) For the purposes of this subsection, the rates payable
to an employee who is covered by this subsection and who is
paid from a schedule not in existence on September 30, 2014,
shall be determined under regulations prescribed by the
Office of Personnel Management.
(4) Notwithstanding any other provision of law, rates of
premium pay for employees subject to this subsection may not
be changed from the rates in effect on September 30, 2014,
except to the extent determined by the Office of Personnel
Management to be consistent with the purpose of this
subsection.
(5) This subsection shall apply with respect to pay for
service performed after September 30, 2014.
(6) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit)
that requires any deduction or contribution, or that imposes
any requirement or limitation on the basis of a rate of
salary or basic pay, the rate of salary or basic pay payable
after the application of this subsection shall be treated as
the rate of salary or basic pay.
(7) Nothing in this subsection shall be considered to
permit or require the payment to any employee covered by this
subsection at a rate in excess of the rate that would be
payable were this subsection not in effect.
(8) The Office of Personnel Management may provide for
exceptions to the limitations imposed by this subsection if
the Office determines that such exceptions are necessary to
ensure the recruitment or retention of qualified employees.
(b) Notwithstanding subsection (a), the adjustment in rates
of basic pay for the statutory pay systems that take place in
fiscal year 2015 under sections 5344 and 5348 of title 5,
United States Code, shall be--
(1) not less than the percentage received by employees in
the same location whose rates of basic pay are adjusted
pursuant to the statutory pay systems under sections 5303 and
5304 of title 5, United States Code: Provided, That
prevailing rate employees at locations where there are no
employees whose pay is increased pursuant to sections 5303
and 5304 of title 5, United States Code, and prevailing rate
employees described in section 5343(a)(5) of title 5, United
States Code, shall be considered to be located in the pay
locality designated as ``Rest of United States'' pursuant to
section 5304 of title 5, United States Code, for purposes of
this subsection; and
(2) effective as of the first day of the first applicable
pay period beginning after September 30, 2014.
Sec. 738. (a) The Vice President may not receive a pay
raise in calendar year 2015, notwithstanding the rate
adjustment made under section 104 of title 3, United States
Code, or any other provision of law.
(b) An employee serving in an Executive Schedule position,
or in a position for which the rate of pay is fixed by
statute at an Executive Schedule rate, may not receive a pay
rate increase in calendar year 2015, notwithstanding schedule
adjustments made under section 5318 of title 5, United States
Code, or any other provision of law, except as provided in
subsection (g), (h), or (i). This subsection applies only to
employees who are holding a position under a political
appointment.
(c) A chief of mission or ambassador at large may not
receive a pay rate increase in calendar year 2015,
notwithstanding section 401 of the Foreign Service Act of
1980 (Public Law 96-465) or any other provision of law,
except as provided in subsection (g), (h), or (i).
(d) Notwithstanding sections 5382 and 5383 of title 5,
United States Code, a pay rate increase may not be received
in calendar year 2015 (except as provided in subsection (g),
(h), or (i)) by--
(1) a noncareer appointee in the Senior Executive Service
paid a rate of basic pay at or above level IV of the
Executive Schedule; or
(2) a limited term appointee or limited emergency appointee
in the Senior Executive Service serving under a political
appointment and paid a rate of basic pay at or above level IV
of the Executive Schedule.
(e) Any employee paid a rate of basic pay (including any
locality-based payments under section 5304 of title 5, United
States Code, or similar authority) at or above level IV of
the Executive Schedule who serves under a political
appointment may not receive a pay rate increase in calendar
year 2015, notwithstanding any other provision of law, except
as provided in subsection (g), (h), or (i). This subsection
does not apply to employees in the General Schedule pay
system or the Foreign Service pay system, or to employees
appointed under section 3161 of title 5, United States Code,
or to employees in another pay system whose position would be
classified at GS-15 or below if chapter 51 of title 5, United
States Code, applied to them.
(f) Nothing in subsections (b) through (e) shall prevent
employees who do not serve under a political appointment from
receiving pay increases as otherwise provided under
applicable law.
(g) A career appointee in the Senior Executive Service who
receives a Presidential appointment and who makes an election
to retain Senior Executive Service basic pay entitlements
under section 3392 of title 5, United States Code, is not
subject to this section.
(h) A member of the Senior Foreign Service who receives a
Presidential appointment to any position in the executive
branch and who makes an election to retain Senior Foreign
Service pay entitlements under section 302(b) of the Foreign
Service Act of 1980 (Public Law 96-465) is not subject to
this section.
(i) Notwithstanding subsections (b) through (e), an
employee in a covered position may receive a pay rate
increase upon an authorized movement to a different covered
position with higher-level duties and a pre-established
higher level or range of pay, except that any such increase
must be based on the rates of pay and applicable pay
limitations in effect on December 31, 2013.
(j) Notwithstanding any other provision of law, for an
individual who is newly appointed to a covered position
during the period of time subject to this section, the
initial pay rate shall be based on the rates of pay and
applicable pay limitations in effect on December 31, 2013.
[[Page H6212]]
(k) If an employee affected by subsections (b) through (e)
is subject to a biweekly pay period that begins in calendar
year 2015 but ends in calendar year 2016, the bar on the
employee's receipt of pay rate increases shall apply through
the end of that pay period.
Sec. 739. (a) The head of any Executive branch department,
agency, board, commission, or office funded by this or any
other appropriations Act shall submit annual reports to the
Inspector General or senior ethics official for any entity
without an Inspector General, regarding the costs and
contracting procedures related to each conference held by any
such department, agency, board, commission, or office during
fiscal year 2015 for which the cost to the United States
Government was more than $100,000.
(b) Each report submitted pursuant to subsection (a) shall
include, with respect to each conference described in
subsection (a) held during the applicable period--
(1) a description of the purpose of the conference;
(2) the number of participants attending each conference;
(3) a detailed statement of the costs to the government for
the conference, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to and from
the conference; and
(D) a discussion of the methodology used to determine which
costs relate to the conference; and
(4) a description of the contracting procedures used,
including--
(A) whether contracts were awarded on a competitive basis;
and
(B) a discussion of any cost comparison conducted by the
departmental component or office in evaluating potential
contractors for the conference.
(c) Not later than 15 days after the date of a conference
held by any Executive branch department, agency, board,
commission, or office funded by this or any other
appropriations Act during fiscal year 2015 for which the cost
to the United States Government was more than $20,000, the
head of any such department, agency, board, commission, or
office shall notify the Inspector General or senior ethics
official for any entity without an Inspector General, of the
date, location, and number of employees attending such
conference.
(d) A grant or contract funded by amounts appropriated by
this or any other appropriations Act may not be used for the
purpose of defraying the costs of a conference described in
subsection (c) that is not directly and programmatically
related to the purpose for which the grant or contract was
awarded, such as a conference held in connection with
planning, training, assessment, review, or other routine
purposes related to a project funded by the grant or
contract.
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference
activities that are not in compliance with Office of
Management and Budget Memorandum M-12-12 dated May 11, 2012.
Sec. 740. None of the funds made available in this or any
other appropriations Act may be used to increase, eliminate,
or reduce funding for a program, project, or activity as
proposed in the President's budget request for a fiscal year
until such proposed change is subsequently enacted in an
appropriation Act, or unless such change is made pursuant to
the reprogramming or transfer provisions of this or any other
appropriations Act.
Sec. 741. Except as expressly provided otherwise, any
reference to ``this Act'' contained in any title other than
title IV or VIII shall not apply to such title IV or VIII.
VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(including transfers of funds)
Sec. 801. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of legal settlements or
judgments that have been entered against the District of
Columbia government.
Sec. 802. None of the Federal funds provided in this Act
shall be used for publicity or propaganda purposes or
implementation of any policy including boycott designed to
support or defeat legislation pending before Congress or any
State legislature.
Sec. 803. (a) None of the Federal funds provided under this
Act to the agencies funded by this Act, both Federal and
District government agencies, that remain available for
obligation or expenditure in fiscal year 2015, or provided
from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or
expenditures for an agency through a reprogramming of funds
which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility
center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds
have been denied or restricted;
(5) re-establishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds in
excess of $3,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned to a
specific program, project or responsibility center,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the
Senate.
(b) The District of Columbia government is authorized to
approve and execute reprogramming and transfer requests of
local funds under this title through November 7, 2015.
Sec. 804. None of the Federal funds provided in this Act
may be used by the District of Columbia to provide for
salaries, expenses, or other costs associated with the
offices of United States Senator or United States
Representative under section 4(d) of the District of Columbia
Statehood Constitutional Convention Initiatives of 1979 (D.C.
Law 3-171; sec. 1-123, D.C. Official Code).
Sec. 805. Except as otherwise provided in this section,
none of the funds made available by this Act or by any other
Act may be used to provide any officer or employee of the
District of Columbia with an official vehicle unless the
officer or employee uses the vehicle only in the performance
of the officer's or employee's official duties. For purposes
of this section, the term ``official duties'' does not
include travel between the officer's or employee's residence
and workplace, except in the case of--
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or is
otherwise designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or
employee of the District of Columbia Fire and Emergency
Medical Services Department who resides in the District of
Columbia and is on call 24 hours a day or is otherwise
designated by the Fire Chief;
(3) the Mayor of the District of Columbia;
(4) the Chairman of the Council of the District of
Columbia;
(5) at the discretion of the Chief Medical Examiner, an
employee of the Office of the Chief Medical Examiner who
resides in the District and is on call 24 hours a day or is
otherwise designated by the Chief Medical Examiner;
(6) at the discretion of the Director of the Homeland
Security and Emergency Management Agency, an officer or
employee of the Homeland Security and Emergency Management
Agency who resides in the District and is on call 24 hours a
day or is otherwise designated by the Director; and
(7) at the discretion of the Director of the Department of
Corrections, an officer or employee of the District of
Columbia Department of Corrections who resides in the
District of Columbia and is on call 24 hours a day or is
otherwise designated by the Director.
Sec. 806. (a) None of the Federal funds contained in this
Act may be used by the District of Columbia Attorney General
or any other officer or entity of the District government to
provide assistance for any petition drive or civil action
which seeks to require Congress to provide for voting
representation in Congress for the District of Columbia.
(b) Nothing in this section bars the District of Columbia
Attorney General from reviewing or commenting on briefs in
private lawsuits, or from consulting with officials of the
District government regarding such lawsuits.
Sec. 807. None of the Federal funds contained in this Act
may be used for any program of distributing sterile needles
or syringes for the hypodermic injection of any illegal drug.
Sec. 808. Nothing in this Act may be construed to prevent
the Council or Mayor of the District of Columbia from
addressing the issue of the provision of contraceptive
coverage by health insurance plans, but it is the intent of
Congress that any legislation enacted on such issue should
include a ``conscience clause'' which provides exceptions for
religious beliefs and moral convictions.
Sec. 809. (a) None of the Federal funds contained in this
Act may be used to enact or carry out any law, rule, or
regulation to legalize or otherwise reduce penalties
associated with the possession, use, or distribution of any
schedule I substance under the Controlled Substances Act (21
U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative
for any purpose.
(b) None of the funds contained in this Act may be used to
enact or carry out any law, rule, or regulation to legalize
or otherwise reduce penalties associated with the possession,
use, or distribution of any schedule I substance under the
Controlled Substances Act (21 U.S.C. 801 et seq.) or any
tetrahydrocannabinols derivative for recreational purposes.
Sec. 810. None of the funds appropriated under this Act
shall be expended for any abortion except where the life of
the mother would be endangered if the fetus were carried to
term or where the pregnancy is the result of an act of rape
or incest.
Sec. 811. (a) No later than 30 calendar days after the date
of the enactment of this Act, the Chief Financial Officer for
the District of Columbia shall submit to the appropriate
committees of Congress, the Mayor, and the Council of the
District of Columbia, a revised appropriated funds operating
budget in the format of the budget that the District of
Columbia government submitted pursuant to section 442 of the
District of Columbia Home Rule Act (D.C. Official Code, sec.
1-204.42), for all agencies of the District of Columbia
government for fiscal year 2015 that is in the
[[Page H6213]]
total amount of the approved appropriation and that realigns
all budgeted data for personal services and other-than-
personal services, respectively, with anticipated actual
expenditures.
(b) This section shall apply only to an agency for which
the Chief Financial Officer for the District of Columbia
certifies that a reallocation is required to address
unanticipated changes in program requirements.
Sec. 812. No later than 30 calendar days after the date of
the enactment of this Act, the Chief Financial Officer for
the District of Columbia shall submit to the appropriate
committees of Congress, the Mayor, and the Council for the
District of Columbia, a revised appropriated funds operating
budget for the District of Columbia Public Schools that
aligns schools budgets to actual enrollment. The revised
appropriated funds budget shall be in the format of the
budget that the District of Columbia government submitted
pursuant to section 442 of the District of Columbia Home Rule
Act (D.C. Official Code, Sec. 1-204.42).
Sec. 813. (a) Amounts appropriated in this Act as operating
funds may be transferred to the District of Columbia's
enterprise and capital funds and such amounts, once
transferred, shall retain appropriation authority consistent
with the provisions of this Act.
(b) The District of Columbia government is authorized to
reprogram or transfer for operating expenses any local funds
transferred or reprogrammed in this or the four prior fiscal
years from operating funds to capital funds, and such
amounts, once transferred or reprogrammed, shall retain
appropriation authority consistent with the provisions of
this Act.
(c) The District of Columbia government may not transfer or
reprogram for operating expenses any funds derived from
bonds, notes, or other obligations issued for capital
projects.
Sec. 814. None of the Federal funds appropriated in this
Act shall remain available for obligation beyond the current
fiscal year, nor may any be transferred to other
appropriations, unless expressly so provided herein.
Sec. 815. Except as otherwise specifically provided by law
or under this Act, not to exceed 50 percent of unobligated
balances remaining available at the end of fiscal year 2015
from appropriations of Federal funds made available for
salaries and expenses for fiscal year 2015 in this Act, shall
remain available through September 30, 2016, for each such
account for the purposes authorized: Provided, That a request
shall be submitted to the Committees on Appropriations of the
House of Representatives and the Senate for approval prior to
the expenditure of such funds: Provided further, That these
requests shall be made in compliance with reprogramming
guidelines outlined in section 803 of this Act.
Sec. 816. (a) During fiscal year 2016, during a period in
which neither a District of Columbia continuing resolution or
a regular District of Columbia appropriation bill is in
effect, local funds are appropriated in the amount provided
for any project or activity for which local funds are
provided in the Fiscal Year 2016 Budget Request Act of 2015
as submitted to Congress (subject to any modifications
enacted by the District of Columbia as of the beginning of
the period during which this subsection is in effect) at the
rate set forth by such Act.
(b) Appropriations made by subsection (a) shall cease to be
available--
(1) during any period in which a District of Columbia
continuing resolution for fiscal year 2016 is in effect; or
(2) upon the enactment into law of the regular District of
Columbia appropriation bill for fiscal year 2016.
(c) An appropriation made by subsection (a) is provided
under the authority and conditions as provided under this Act
and shall be available to the extent and in the manner that
would be provided by this Act.
(d) An appropriation made by subsection (a) shall cover all
obligations or expenditures incurred for such project or
activity during the portion of fiscal year 2016 for which
this section applies to such project or activity.
(e) This section shall not apply to a project or activity
during any period of fiscal year 2016 if any other provision
of law (other than an authorization of appropriations)--
(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to continue for
such period, or
(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such project or activity to continue for such
period.
(f) Nothing in this section shall be construed to affect
obligations of the government of the District of Columbia
mandated by other law.
Sec. 817. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this title or in title
IV shall be treated as referring only to the provisions of
this title or of title IV.
TITLE IX--ADDITIONAL GENERAL PROVISIONS
Sec. 901. (a) No funds appropriated by this Act shall be
available to pay for an abortion or the administrative
expenses in connection with a multi-State qualified health
plan offered under a contract under section 1334 of the
Patient Protection and Affordable Care Act (42 USC 18054)
which provides any benefits or coverage for abortions.
(b) The provision of subsection (a) shall not apply where
the life of the mother would be endangered if the fetus were
carried to term, or the pregnancy is the result of an act of
rape or incest.
The Acting CHAIR. Are there any amendments to that portion of the
bill?
The Clerk will read.
The Clerk read as follows:
SPENDING REDUCTION ACCOUNT
Sec. 902. The amount by which the applicable allocation of
new budget authority made by the Committee on Appropriations
of the House of Representatives under section 302(b) of the
Congressional Budget Act of 1974 exceeds the amount of
proposed new budget authority is $0.
Mr. CRENSHAW. Mr. Chairman, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Rodney Davis of Illinois) having assumed the chair, Mr. Thompson of
Pennsylvania, Acting Chair of the Committee of the Whole House on the
state of the Union, reported that that Committee, having had under
consideration the bill (H.R. 5016) making appropriations for financial
services and general government for the fiscal year ending September
30, 2015, and for other purposes, had come to no resolution thereon.
____________________