[House Report 104-183]
[From the U.S. Government Publishing Office]
104th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 104-183
_______________________________________________________________________
TREASURY, POSTAL SERVICE, AND GENERAL GOVERNMENT APPROPRIATIONS BILL,
1996
_______
July 12, 1995.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______________________________________________________________________
Mr. Lightfoot, from the Committee on Appropriations, submitted the
following
R E P O R T
together with
MINORITY AND ADDITIONAL VIEWS
[To accompany H.R. 2020]
The Committee on Appropriations submits the following
report in explanation of the accompanying bill making
appropriations for the Treasury Department, the Postal Service,
the Executive Office of the President, and certain Independent
Agencies for the fiscal year ending September 30, 1996, and for
other purposes.
INDEX TO BILL AND REPORT
_______________________________________________________________________
Page number
Bill Report
Summary of the Bill........................................
2
TITLE I--DEPARTMENT OF THE TREASURY
Departmental Offices....................................... 2
6
Office of Inspector General................................ 3
9
Financial Crimes Enforcement Network....................... 3
10
Treasury Forfeiture Fund...................................
11
Federal Law Enforcement Training Center.................... 4
12
Foreign Law Enforcement....................................
13
Financial Management Service............................... 6
13
Bureau of Alcohol, Tobacco and Firearms.................... 7
14
United States Customs Service.............................. 9
16
Bureau of Engraving and Printing...........................
21
United States Mint.........................................
23
Bureau of the Public Debt.................................. 12
24
Internal Revenue Service................................... 12
25
United States Secret Service............................... 15
29
Violent Crime Reduction Programs........................... 16
30
General Provisions--Treasury Department.................... 17
32
TITLE II--POSTAL SERVICE
Payment to the Postal Service Fund......................... 19
33
Payment to the Postal Service Fund for Nonfunded
Liabilities............................................ 20
33
TITLE III--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO
THE PRESIDENT
Compensation of the President.............................. 21
35
The White House Office..................................... 21
36
Executive Residence at the White House..................... 22
36
Official Residence of the Vice President................... 22
37
Special Assistance to the President........................ 22
38
Council of Economic Advisers...............................
38
Office of Policy Development............................... 23
39
National Security Council.................................. 23
39
Office of Administration................................... 23
40
Office of Management and Budget............................ 23
40
Office of National Drug Control Policy..................... 25
43
Unanticipated Needs........................................ 26
44
Federal Drug Control Programs.............................. 26
44
TITLE IV--INDEPENDENT AGENCIES
Administrative Conference of the United States.............
46
Advisory Commission on Intergovernmental Relations.........
46
Committee for Purchase from People who are Blind or
Severely Disabled...................................... 27
47
Federal Election Commission................................ 28
47
Federal Labor Relations Authority.......................... 28
49
General Services Administration............................ 29
50
John F. Kennedy Assassination Records Review Board......... 43
58
Merit Systems Protection Board............................. 43
59
National Archives and Records Administration............... 44
59
National Historical Publications Commission................ 44
60
Office of Government Ethics................................ 45
61
Office of Personnel Management............................. 45
61
Office of Special Counsel.................................. 51
66
United States Tax Court.................................... 52
66
TITLE V--GENERAL PROVISIONS
This Act................................................... 52
67
TITLE VI--GOVERNMENTWIDE GENERAL PROVISIONS
Departments, Agencies, and Corporations.................... 66
69
Compliance with House Rules................................
71
Tables.....................................................
94
Summary of the Total Bill
The accompanying bill contains recommendations for new
budget (obligational) authority for fiscal year 1996 for the
Department of the Treasury, the Postal Service, various offices
in the Executive Office of the President, and certain
Independent Agencies. The following table summarizes these
recommendations and reflects comparisons with the budget, as
amended, and with amounts appropriated to date for fiscal year
1995:
----------------------------------------------------------------------------------------------------------------
Bill compared with--
New budget Budget estimates -------------------------------------
(obligation) of new Recommended in New budget
Agency authority fiscal (obligational) the bill (obligational) Budget estimate,
year 1995 enacted authority, fiscal authority fiscal fiscal year 1996
to date year 1996 year 1995
----------------------------------------------------------------------------------------------------------------
Treasury......... 10,562,071 11,349,203 10,515,206 -46,864 -833,996
Postal Service... 130,093 145,922 121,908 -8,185 -24,014
Executive Office
of the President 310,544 308,342 267,280 -43,264 -41,062
Independent
agencies........ 12,498,239 13,134,356 12,273,892 -224,347 -860,464
----------------------------------------------------------------------------------------------
Grand total 23,500,947 24,937,823 23,178,286 -322,660 -1,759,536
----------------------------------------------------------------------------------------------------------------
recommendation
The Committee has provided a total of $23,178,286,500 for
the agencies under its jurisdiction. This represents a
reduction of $322,660,000 in budget authority from 1995 enacted
levels and a reduction of $1,759,356,000 below the amount
requested by the President. After adjustments for scorekeeping
in both 1995 and 1996, the Committee has provided
$23,315,119,500, an increase of $553,677,500 over 1995 levels
and $1,749,543,500 below the request. The major scorekeeping
adjustment is a $624,000,010 rescission in 1995 currently
pending in HR 1944.
general statement
On January 18, 1995, the Committee began an ambitious
hearing schedule for the 1996 fiscal year. Over the past six
months, the Committee held 42 hearings with 174 witnesses. This
included representatives from the Administration, members of
Congress and the general public. At the outset, the Committee
made clear that fiscal year 1996 would not be business as usual
and that the Committee would take a reasoned and careful path
to downsizing and restructuring agencies under its
jurisdiction. Every agency was put on notice that programs that
have run on automatic pilot would no longer be given that
luxury. Conversely, programs that have been cut in the past
would not automatically be candidates for reductions this year.
Witnesses were given the chance to justify their budgets; in
some cases, the Committee has determined that these budgets are
justified. In others, the Committee has determined they are
not.
It was the Committee's intention to undertake a
comprehensive review of programs and activities under its
jurisdiction and to subsequently fund those programs at levels
that support a smaller government that works better and smarter
for the American people. The Committee is confident that it has
met this objective.
Within the funding constraints presented to the Committee,
priorities and initiatives are established. Overall, there are
four themes in this bill: a reaffirmation of the importance of
law enforcement, a restructuring of agencies including limited
privatization of traditionally governmental functions, the
termination of obsolete programs and activities, and
flexibility in management.
The Committee fully funds all of the President's proposed
crime and law enforcement activities and, in some cases, goes
beyond that level. The Committee was able to accommodate these
increases by taking reductions from other accounts. The
Committee believes that initiatives such as drug interdiction
along the Southwest border are a much more valuable use of our
limited resources than funding bureaucracies in Washington.
The Committee has terminated four agencies under its
jurisdiction and has assumed that a fifth will be transferred
elsewhere in the federal budget for a savings of $12.75 million
from 1995 enacted levels. The Committee is cognizant that these
terminations will affect real people and real lives. Decisions
to terminate agencies were not made lightly; nor were they made
arbitrarily or for the sole purpose of achieving budgetary
savings. Recommendations to terminate are consistent with the
Committee's findings that certain programs are no longer
necessary. In some cases, the Committee found these programs to
be duplicative of other ongoing federal efforts; in other
cases, the terminations reflect the Committee's belief that
their functions are no longer an appropriate federal expense.
The Committee encourages a restructuring of federal
agencies and, in limited circumstances, demonstration projects
to determine the feasibility of privatizing traditionally
governmental functions. The Committee supports privatization
and includes no legislative constraints to contracting. The
Committee recommends that OPM get out of the business of
testing and recruiting federal employees and assumes these
functions will be done by individual federal agencies. The
Committee also provides funds for the IRS to demonstrate the
feasibility of collecting delinquent taxes through private
collection agencies. The Committee recognizes that there are
some functions performed by federal employees that constitute
core governmental responsibilities. The Committee also
recognizes, however, that some of these traditionally core
governmental functions can perhaps be done in the private
sector with a savings to the federal government.
The Committee has deleted from its bill and report
provisions carried in the past that establish FTE ceilings. The
Committee has repeatedly heard from federal managers that these
ceilings preclude managerial flexibility and limit efficiency.
The Committee supports the Administration's opposition to these
personnel constraints.
Finally, in support of managerial efficiency and
flexibility, the Committee continues a general provision
allowing agencies under its jurisdiction to retain 50 percent
of their unobligated balances remaining at the end of the
fiscal year for certain purposes.
From the beginning, the Committee committed itself to
playing a vital role in the restructuring of government. The
decisions included in this bill were not easy. But they are a
start to a long term commitment to make the government work
better and smarter for the people it serves. To that end, the
Committee hopes that its priorities will be measured by looking
at the vision it holds for a better and smarter government for
programs under its jurisdiction.
HEARING TRANSCRIPTS
The Committee is concerned that the agencies under its
jurisdiction are not devoting the attention needed to the
preparation and editing of hearing transcripts and galleys.
Each year the Committee provides detailed instructions for
editing these documents and the inclusion of any additional
materials. Many agencies have chosen to ignore those
instructions, thereby delaying the Committee's printing
schedule. Agencies are advised that the preparation of the
hearing record is as important as the budget request and are
further reminded that delays in submitting hearing transcripts
will delay the ability of the House to consider the annual
appropriations bill. Finally, the Committee reminds witnesses
that, under House Rules, hearing transcripts must reflect a
substantially verbatim account of remarks actually made during
the hearing, subject only to technical, grammatical, and
typographical corrections authorized by the person making the
remarks involved.
performance measures
In last year's report, the Committee directed all of the
agencies under its jurisdiction to continue implementation of
performance measurement and stated its intent to use
performance measurement in determining resource allocation. The
Committee believes that most agencies are making progress
toward relevant performance measurements and is encouraged by
the initial data provided.
The Congress has been given a mandate by the American
public to reduce the cost of federal government, while ensuring
the improvement of quality and efficiency of services. All
agencies can expect to be asked to do more with less and do it
better. This can be accomplished through sound planning,
program review and performance assessment. Therefore, while
developing performance measurements, the agencies should also
be developing performance plans that allow for increased
productivity. The Committee is aware that not all agencies will
accomplish the same level of productivity increases. However,
the Committee directs agencies under its jurisdiction to
develop annual performance plans that provide for a minimum
average productivity increase of 3 percent in appropriate
functional areas. This level of increase was originally
directed by Executive Order 12637, Productivity Improvement
Program for the Federal Government.
The Committee emphasizes the need for involvement by
Federal managers in this process. It is the Federal manager's
responsibility that resources are used efficiently and
effectively in achieving identified goals. This involvement
must include the development of appropriate management controls
supporting the performance goals and plans. The Committee would
refer Federal managers to PL 97-255, The Federal Managers'
Financial Integrity Act, which defines those responsibilities.
The Committee also wishes to emphasize the need for agencies to
ensure that any performance measurements and productivity
improvements are accountable through the Annual Report required
by the Chief Financial Officer's Act, PL 101-576.
TITLE I--DEPARTMENT OF THE TREASURY
Departmental Offices
Salaries and Expenses
Appropriation, fiscal year 1995 to date................. $104,379,000
Budget estimate, fiscal year 1996....................... 120,408,000
Recommended in the bill................................. 104,000,500
Bill compared with:
Appropriation, fiscal year 1995..................... -378,500
Budget Estimate, fiscal year 1996................... -16,407,500
MISSION
Departmental Offices' function in the Treasury Department
is to provide basic support to the Secretary of the Treasury,
who is the chief operating executive of the Department. The
Secretary of the Treasury maintains the primary role in
formulating and managing the domestic and international tax and
financial policies of the Federal Government. The Secretary's
responsibilities funded by the Salaries and Expenses
appropriation include: recommending and implementing United
States domestic and international economic and tax policy;
fiscal policy; governing the fiscal operations of the
Government; maintaining foreign assets control; managing the
public debt; overseeing the law enforcement functions carried
out by the Treasury Department; managing development of
financial policy; representing the United States on
international monetary, trade and investment issues; overseeing
Treasury Department overseas operations; and directing the
administrative operations of the Treasury Department.
recommendation
The Committee recommends $104,000,500 for the Departmental
Offices appropriation, a $16,407,500 reduction from the
requested level and $378,500 below 1995.
The Committee has reduced the funding for the Office of the
Under Secretary for Law Enforcement by $1,066,000. The
Committee directs that no funds be reprogrammed into this
Office without prior Congressional approval.
The Committee eliminated funding for the repair and
alterations of the Treasury Building as explained below.
Budget Justification Material
The Committee directs that future budget justification
material for Departmental Offices shall separately identify the
cost and staffing of the office of the Under Secretary of
Enforcement, the Assistant Secretary for Management, and the
U.S. Treasurer. The funding and staffing of these offices shall
only be from amounts provided in the Departmental Offices
appropriation and shall not be augmented by funds or staff from
Treasury bureaus or other offices without prior approval of the
Committee.
reprogramming guidelines
The Committee agrees to require a reprogramming request
from any agency, department or office when the amount to be
reprogrammed exceeds $500,000 or 10 percent of any object
class, budget activity, program line item, or program activity,
whichever is greater. For agencies receiving appropriations
under $20,000,000, this threshold shall be $100,000 or 5
percent, whichever is greater.
Such requests shall be submitted for the prior approval of
the Committees on Appropriations. The Committees must receive
such requests in sufficient time to consider them before their
proposed implementation. In the past, the Administration has
delayed submission as much as four months between the time that
it knew that the reprogramming was necessary and the time that
it was formally transmitted. The committee expects that such
delays will not recur in the future.
repair and maintenance of the treasury building
The Department requested $7,194,000 for certain repair and
maintenance requirements of the Treasury Building, including a
new electrical distribution system and steam and cooling lines.
The Committee has not provided this amount in the Departmental
Offices appropriation but has included the funding for these
requirements in the General Services Administration's (GSA)
Federal Buildings Fund Repair and Alteration account. While the
Treasury Department building is not in GSA's inventory of
facilities, GSA is the organization which should be
coordinating all requirements for the government-wide inventory
of facilities.
reimbursement to federal reserve banks
The Federal Reserve banks support the fiscal operations and
provide banking and financial services on behalf of the
Treasury of the United States. The Committee directs that the
fiscal year 1997 budget request include a permanent and
indefinite appropriation for amounts necessary to reimburse the
Federal Reserve banks for the services provided as fiscal
agents on behalf of the Treasury.
intergovernmental information technology enterprise panel
The Committee strongly supports the efforts of the
Department of the Treasury in the development of
intergovernmental information technology policies and programs.
Therefore, the Committee directs that within the funds
appropriated for Departmental Offices, not less than $750,000
shall be made available for the Intergovernmental Information
Technology Enterprise Panel.
treasury communications system
The Treasury Communications System (TCS) is being designed
to enhance the current FTS-2000 system to meet the requirements
of the Department of the Treasury. This system will be funded
through an industrial fund concept which charges the Bureaus a
cost based on usage and requirements. While the Department has
experienced difficulty in the development and execution of this
procurement, it appears that the major issues have been
resolved and the contract award is imminent. The Committee
recognizes that the evaluation of the proposals will be
challenging because this type of network is not designed along
traditional lines. However, this may well be the way network
systems are procured in the future, making it necessary for all
parties to accommodate changing views on the design of
networks.
The Committee believes the Department should ensure that
security oversight is conducted by government, not contractor,
personnel. Additionally, the Department shall submit a report
to the Committee, no later than June 1, 1996, on its strategy
for future cost containment and requirements validation.
u.s. dutch treaty protocol amendments of 1993
The Committee is aware that the Treasury Department has not
yet corrected an error it made two years ago with respect to
withholding tax under Paragraph 8 of Article 12 of the Income
Tax convention between the United States of America and the
Kingdom of the Netherlands on interest paid by American
companies to their Dutch finance subsidiaries in the context of
triangular finance structures. The profits of these
subsidiaries are already subject to taxation under subpart F of
the Internal Revenue Code, resulting in double taxation for the
American companies affected by the U.S. Treasury mistake.
The Department has acknowledged this error and has recently
announced a temporary solution to correct the problem. The
Committee believes that admitted errors should be swiftly
followed by meaningful, permanent solutions. This is
particularly urgent when these mistakes are working at cross
purposes to the goal of encouraging international
competitiveness for our domestic industries. Accordingly, the
Committee directs that no later than October 31, 1995, the
Treasury Department must provide the House and Senate
Appropriations Committee with a report which (1) details the
Treasury measures in place to ensure that current treaties are
administered in a fair and responsible manner, (2) offers
suggested mechanisms for preventing mistakes which could result
in additional future cases of double taxation, and (3)
addresses the current problem by providing a permanent solution
which relieves American companies of the burden of a petition
process.
United States Treasurer
currency redesign
The Committee directs that the U.S. Treasurer have full
operational control over all aspects of the public relations
effort for currency redesign and should report directly to the
Secretary of the Treasury on this important issue.
Additionally, the Treasurer shall conduct an open and
competitive contract award for any use of a commercial firm in
the execution of the public relations campaign for currency
redesign.
oversight responsibilities
The office of the U.S. Treasurer has operated for years as
a traditionally ceremonial position to promote certain
``goodwill'' and promotional initiatives. Today the U.S.
Treasurer insists on managing the day-to-day activities of both
the Bureau of Engraving and Printing (BEP) and the U.S. Mint.
The Committee does not agree that this type of oversight should
be conducted by the Treasurer and directs that these activities
cease. The Assistant Secretary of the Treasury has a
responsibility to ensure that all Treasury organizations
accurately represent the position of the Department. However,
oversight responsibilities such as that envisioned by the
Treasurer simply adds a level of bureaucracy to the Department
which the Committee finds excessive and unacceptable.
Additionally, the U.S. Treasurer has sought assistance from
both the BEP and the U.S. Mint in staffing the office of the
Treasurer. The Committee believes that this office should only
be funded and staffed within the Departmental Offices
appropriation and staffing levels. There is no need to seek
supplemental funding and staffing from other organizations.
Office of Inspector General
Salaries and Expenses
Appropriation, fiscal year 1995 to date................. $29,700,000
Budget estimate, fiscal year 1996....................... 31,864,000
Recommended in the bill................................. 29,319,000
Bill compared with:
Appropriation, fiscal year 1995..................... -381,000
Budget estimate, fiscal year 1996................... -2,545,000
mission
This appropriation provides agencywide audit and
investigative functions to identify and correct operational and
administrative deficiencies which create conditions for
existing or potential instances of fraud, waste, and
mismanagement. The audit function provides program audit,
contract audit and financial statement audit services. Contract
audits provide professional advice to agency contracting
officials on accounting and financial matters relative to
negotiation, award, administration, repricing, and settlement
of contracts. Program audits review and evaluate all facets of
agency operations. Financial statement audits assess whether
financial statements fairly present the agency's financial
condition and results of operations, the adequacy of accounting
controls, and compliance with laws and regulations. The
investigative function provides for the detection and
investigation of improper and illegal activities involving
programs, personnel, and operations. This appropriation also
provides for the oversight of internal investigations made by
the office of Internal Affairs and Inspection in the Bureau of
Alcohol, Tobacco and Firearms, the Customs Service, and the
Secret Service and, internal audits and internal investigations
of the Inspection Service at the Internal Revenue Service.
The Inspectors General Auditor Training Institute provides
the necessary facilities, equipment, and support services for
conducting auditor training for the Federal Government
Inspector General community. Institute personnel develop and
deliver instructional programs related to basic government
audit skills. The cost of training is recovered by tuition
charged to a student's agency.
recommendation
The Committee recommends $29,319,000 for the Inspector
General appropriation; a $2,545,000 reduction from the
requested level and $381,000 below 1995. The Committee's
reduction is made without prejudice and may be applied at the
discretion of the Inspector General.
independent legal counsel
According to a March 1995 General Accounting Office (GAO)
report, problems could arise if an agency's Inspector General
does not have legal counsel which is separate and independent
from the agency's General Counsel. The General Counsel serves
as an agency's chief legal official and as such, advises the
agency head and articulates the agency's positions on legal
matters. The IG serves as an independent evaluator of the
agency's programs and operations. Attorneys advising the agency
head and those advising the IG may view legal issues
differently.
The Department of the Treasury IG does not have an
independent legal counsel and is forced to share the services
of the General Counsel of the Department. This situation could
cause problems for the agency. Therefore, the Committee directs
that the Department of the Treasury ensure that the IG is
provided the opportunity to retain the services of an
independent legal counsel.
Financial Crimes Enforcement Network
Salaries and Expenses
Appropriation, fiscal year 1995 to date................. $19,823,000
Budget estimate, fiscal year 1996....................... 22,198,000
Recommended in the bill................................. 20,273,000
Bill compared with:
Appropriation, fiscal year 1995..................... 450,000
Budget estimate, fiscal year 1996................... -1,925,000
mission
The Financial Crimes Enforcement Network (FinCEN) has been
assigned a central role in Treasury counter-money laundering
efforts. It exercises Treasury's far-reaching responsibilities
under the Bank Secrecy Act, 31 U.S.C. section 5311, et seq.,
and serves as a United States Government source for the
systematic collation and analysis of information to assist in
the investigation of money laundering and other financial
crimes. FinCEN implements these responsibilities through
analytical and technological platforms geared to combat money
laundering through prevention and enforcement.
recommendation
The Committee recommendation of $20,273,000 includes
$450,000 to fund pay raises and other inflationary adjustments
to continue operating at 1995 levels. Although the Committee
was not able to provide the additional $2,026,000 requested for
information systems modernization, the Committee notes that it
was able to provide $2,221,000 for FinCEN as part of Treasury's
Violent Crime Reduction Programs.
The Committee recommends a number of technical language
changes to this account. The first allows FinCEN to use up to
$14,000 for official reception and representation expenses.
Since FinCEN has been given enhanced authority for enforcement
under the Bank Secrecy Act and coordination with foreign
financial intelligence agencies, resources for official
representation and reception expenses have become necessary for
meetings with foreign governments and U.S. bankers. These new
responsibilities have also made necessary a provision allowing
FinCEN to pay for the travel expenses of non-federal personnel,
to be used in those instances in which the Director finds it
necessary to pay for the expenses of key attendees to
conferences or meetings involving financial law enforcement.
The Committee also proposes a minor change to FinCEN's
procurement statutes. As a law enforcement agency specializing
in sophisticated financial crimes, FinCEN must also be on the
cutting edge of new technology. At times, it may be necessary
for FinCEN to procure certain pieces of electronic equipment,
both hardware and software, without the elaborate competition
and processes associated with federal procurement. Language
included by the Committee will allow FinCEN to do so. It should
be noted that the Committee intends that this language only be
associated with occasional purchases of cutting edge
technologies, and not for other procurement. In addition, the
Committee expects that the Congress will enact more thorough
procurement reform legislation before the start of the 1997
fiscal year, making this language unnecessary as a permanent
aspect of FinCEN's appropriation.
The Committee also proposes a technical language change
allowing FinCEN to purchase personal services contracts.
Treasury Forfeiture Fund
(limitation on availability of deposits)
Appropriation, fiscal year 1995 to date................. $15,000,000
Budget estimate, fiscal year 1996....................... 15,000,000
Recommended in the bill.................................................
Bill compared with:
Appropriation, fiscal year 1995..................... -15,000,000
Budget estimate, fiscal year 1996................... -15,000,000
mission
P.L. 102-393 authorized the establishment of the Treasury
Forfeiture Fund, replacing the Customs Forfeiture Fund, and
making it available to pay or reimburse certain costs and
expenses related to seizures and forfeitures that occur
pursuant to the Treasury Department's law enforcement
activities. The Coast Guard also participates in the program.
recommendation
The Committee provides no discretionary resources for this
account. The most important activities of the fund, equitable
sharing payments among law enforcement agencies and managing
the fund's assets, are financed through its permanent
expenditure authority. Discretionary resources are used to fund
initiatives, projects and programs at the discretion of the
Secretary.
The Committee believes that discretionary appropriations
should be requested and appropriated directly to the law
enforcement bureaus, without the intervention of the Office of
the Secretary. For that reason, it recommends no discretionary
resources for the forfeiture fund.
Federal Law Enforcement Training Center
Salaries and Expenses
Appropriation, fiscal year 1995 to date................. $58,813,000
Budget estimate, fiscal year 1996....................... 35,828,000
Recommended in the bill................................. 36,070,000
Bill compared with:
Appropriation, fiscal year 1995..................... -22,743,000
Budget estimate, fiscal year 1996................... +242,000
MISSION
The Federal Law Enforcement Training Center provides the
necessary facilities, equipment, and support services for
conducting advanced, specialized, and refresher training for
Federal law enforcement personnel. This appropriation is for
operating expenses of the Center, for research in law
enforcement training methods, and curriculum content. In
addition, the Center has a reimbursable program to accommodate
the training requirements of various Federal agencies. As funds
are available, law enforcement training is provided to certain
State and local law enforcement personnel on a space-available
basis.
recommendation
The Committee provides $36,070,000 for salaries and
expenses, including $499,000 to fund pay raises and inflation,
but denies the Administration's request for $358,000 in program
enhancements because of insufficient resources. The Committee
notes that it has provided $2,500,000 to the Federal Law
Enforcement Training Center as part of Treasury's Violent Crime
Reduction Programs.
The Committee includes a technical change allowing some of
the resources appropriated to be used for site-hardening and
upgrade of anti-terrorist training facilities at Glynco,
Georgia.
Acquisition, Construction, Improvements, and Related Expenses
Appropriation, fiscal year 1995 to date................. $5,815,000
Budget estimate, fiscal year 1996....................... 8,163,000
Recommended in the bill................................. 8,163,000
Bill compared with:
Appropriation, fiscal year 1995..................... +2,348,000
Budget estimate, fiscal year 1996...................................
MISSION
This account provides for the acquisition, construction,
improvement, equipment, furnishing and related costs for
expansion and maintenance of facilities of the Federal Law
Enforcement Training Center.
recommendation
The Committee concurs with the Administration's request.
This includes $5,446,000 for facilities construction and
maintenance and $2,717,000 for environmental restoration and
reconstruction of outdoor firearms ranges.
Foreign Law Enforcement
Appropriation, fiscal year 1995 to date.................................
Budget estimate, fiscal year 1996....................... $14,490,000
Recommended in the bill.................................................
Bill compared with:
Appropriation, fiscal year 1995.....................................
Budget Estimate, fiscal year 1996................... -14,490,000
MISSION
The Administration proposes to establish a new account to
consolidate law enforcement personnel deployed at foreign
locations as designated by the Secretary of Treasury. These
personnel would remain agents in their respective bureaus but
would be trained to handle inquiries regarding all types of
Treasury law enforcement matters.
recommendation
The Committee provides no resources for the
Administration's Foreign Law Enforcement initiative and has
returned the amounts proposed for transfer to the originating
Treasury law enforcement bureaus.
Financial Management Service
Salaries and Expenses
Appropriation, fiscal year 1995 to date................. $183,729,000
Budget estimate, fiscal year 1996....................... 189,259,000
Recommended in the bill................................. 181,837,000
Bill compared with:
Appropriation, fiscal year 1995..................... -1,892,000
Budget estimate, fiscal year 1996................... -7,422,000
MISSION
The Financial Management Service (FMS) is responsible for
improving the quality of Government financial management. As
the Government's central financial agent, FMS receives and
disburses public monies, maintains Government accounts, and
reports on the status of the Government's finances. FMS is also
accountable for developing and implementing the most reliable
and efficient financial methods and systems to manage and
improve the Government's cash management, credit management,
and debt collection programs. Additionally, the Service sets
Government-wide policy directing Federal agencies to adopt
prudent financial management techniques.
recommendation
The Committee recommends $181,837,000, for the Financial
Management Service; a reduction of $7,422,000 from the request
and $1,892,000 below 1995. The Committee has fully funded the
request for the Electronic Benefits Transfer and Electronic
Data Interchange programs.
Bureau of Alcohol, Tobacco and Firearms
Salaries and Expenses
Appropriation, fiscal year 1995 to date................. $420,138,000
Budget estimate, fiscal year 1996....................... 400,885,000
Recommended in the bill................................. 391,035,000
Bill compared with:
Appropriation, fiscal year 1995..................... -29,103,000
Budget estimate, fiscal year 1996................... -9,850,000
mission
The Bureau of Alcohol, Tobacco and Firearms is responsible
for the enforcement of the laws designed to eliminate certain
illicit activities and to regulate lawful activities relating
to distilled spirits, beer, wine and nonbeverage alcohol
products, tobacco, firearms, and explosives.
recommendation
The Committee recommends an appropriation of $391,035,000
for the Bureau of Alcohol, Tobacco and Firearms. This includes
the requested $12,001,000 for pay raises and other price
increases not under the control of the Bureau, as well as a net
$7,500,000 to continue anti-terrorism activities that were
initiated after the Oklahoma City bombing. The Committee does
not provide additional resources for ATF's 1996 program
initiatives, including $4,000,000 for critical equipment needs,
$1,924,000 for systems modernization and $2,200,000 for the
Atlanta Olympics. The Committee directs ATF to absorb funding
for these items within this allocation. Since the Committee was
unable to fund a full four National Response Teams as
envisioned as part of ATF's anti-terrorism initiative, the
Committee directs ATF to establish only two full time National
Response Teams. The Committee also transferred $5,000,000 in
funding for the Gang Resistance Education and Training (GREAT)
program from the Salaries and Expenses account to the Violent
Crime Reduction Program account.
review of atf operations
The Committee is aware of a number of serious questions
regarding ATF management. Some of these complaints are that ATF
has failed to discipline employees found guilty of incompetence
or malfeasance; used deadly force unnecessarily; harassed
legitimate firearms dealers; and ignored legal prohibitions on
the centralization of records. The Committee will not ignore
such serious charges.
The Committee Chair therefore will send a letter to the
General Accounting Office directing it to review and analyze
ATF's policies and controls regarding the use of force, its
regulation and treatment of licensed firearms dealers, its
compliance with laws regarding the centralization of firearms
dealer records, and its internal management.
ATF faces a difficult task under the best of circumstances,
and the vast majority of ATF employees exemplify the highest
standards of public service. It is therefore, in the opinion of
the Committee, all the more important to investigate these
allegations thoroughly and expeditiously, so that problems can
be corrected or false accusations put to rest.
relief from federal firearms disabilities
For the fourth consecutive year, the Committee has added
bill language prohibiting the use of Federal funds to process
applications for relief from Federal firearms disabilities. The
Committee understands the controversial nature of the
underlying law allowing convicted felons to have their right to
own a firearm restored. However, those who commit serious
crimes forfeit many rights and those who commit felonies should
not be allowed to have their right to own a firearm restored.
We have learned sadly that too many of these felons whose gun
ownership rights were restored went on to commit violent crimes
with firearms. There is no reason to spend the Governments'
time or taxpayer's money to restore a convicted felon's right
to own a firearm.
importation of curios or relics
The Committee has inserted language that prohibits ATF from
changing regulations or policy with regard to the definition of
``curios or relics'' in the importation of firearms without
allowing opportunity for public comment or prior notification
in the Federal Register.
guide to federal firearms regulations
The Committee notes that ATF has not published a revised
version of ``(Your Guide to) Federal Firearms Regulation 1988-
89'' (also known as ``the red book''), despite numerous legal
and regulatory changes since that date. The Committee directs
ATF to publish a revised version of this guide in fiscal year
1996.
great program
The Committee reaffirms its support of the Gang Resistance
Education and Training (GREAT) program, a project which
utilizes personnel on a voluntary basis to become involved in
their communities, particularly schools, and work with young
people to promote a crime-free and gang-free environment. The
Committee urges the Department of the Treasury to continue to
actively support this program in the future. In addition, the
Committee notes the success of this program in El Paso, Texas
and urges that the Department give priority to funding this
project when distributing funds under the GREAT program.
in-bond transfers and drawbacks
The Committee is aware that the spirits industry has
petitioned to allow the in-bond transfer of bottled distilled
spirits between commonly-owned distilled spirits plants and for
relief from regulations dealing with the filing of so-called
drawbacks for nonbeverage alcohol claims. The Committee
encourages ATF to cooperate with the industry to the greatest
extent possible in eliminating unnecessary regulatory burdens,
and requests that ATF report to the Committee with an analysis
and response to the in-bond transfer and drawback proposals.
United States Customs Service
Salaries and Expenses
Appropriation, fiscal year 1995 to date................. $1,395,793,000
Budget estimate, fiscal year 1996....................... 1,381,550,000
Recommended in the bill................................. 1,389,829,000
Bill compared with:
Appropriation, fiscal year 1995..................... -5,964,000
Appropriation, fiscal year 1996..................... +8,279,000
mission
The United States Customs Service is the Nation's principal
border agency. Its mission is to ensure that all goods entering
and exiting the United States do so in accordance with all
United States laws and regulations. This mission includes
enforcing U.S. laws intended to prevent illegal trade
practices; protecting the American public and environment from
the introduction of prohibited hazardous and noxious products;
assessing and collecting revenue in the form of duties, taxes,
and fees on imported merchandise; regulating the movement of
persons, carriers, merchandise, and commodities between the
United States and other nations, while facilitating the
movement of all legitimate cargo, carriers, travelers, and
mail; interdicting narcotics and other contraband; and
enforcing certain provisions of the export control laws of the
United States.
recommendation
The Committee provides the amounts requested by the
President for U.S. Customs Salaries and Expenses, including
$39,966,000 to cover the cost of pay raises and other
uncontrollable increases. The Committee provided $8,280,000
which was requested by the Administration as part of the
Administration's proposed foreign law enforcement initiative.
new orleans air branch
The Committee is aware that the Customs Service may be able
to relocate the New Orleans air branch elsewhere in Southeast
Louisiana without paying for the extensive modifications
necessary at the current facility, and perhaps even improving
Customs operations and efficiency in the long run. The
Committee therefore directs the Customs Service to halt all
further design or construction related activities at its
current location until the New Orleans Air Branch, in concert
with Customs headquarters, has fully investigated and
determined the long-term cost of other options and reported
back to the Committee with its findings. The Committee directs
that Customs submit this report no later than August 30, 1995.
unified port management
The Committee requested in the Fiscal Year 1995 Conference
and House Reports that the Customs Service undertake a study of
unified port management for the port of Nogales, Arizona. The
Customs Service responded with a description of the scope and
status of ongoing cargo and passenger initiatives on the
Southwest border. While laudable, the report did not address
the point: that ports of entry would likely run better if there
were a single port director responsible for all federal
activities at the port.
As a result, the Committee has provided statutory language
providing that the U.S. Customs Service designate a single
director of all port activities in two pilot ports, one on the
Southern border and one on the Northern. The Customs Service
shall evaluate this program and report back to the Committee no
later than February 1, 1996 with a progress report.
training for chinese customs
The Committee would like to congratulate the U.S. Customs
Service in its efforts to train Chinese customs officials in
efficient and effective border inspections with a minimum of
intrusiveness. The Committee expects Customs to continue such
efforts in fiscal year 1996.
el paso customs inspectors
The Committee directs the US Customs Service to provide an
additional 35 inspectors to the El Paso customs district.
oakland/pontiac airport
The Committee directs the Customs Service to establish a
full-time permanent presence at the Oakland/Pontiac Michigan
airport.
national warplane museum
In 1989, the U.S. Customs office in Buffalo seized two A-37
Dragonfly jets as part of an investigation into the illegal
weapons trade. The National Warplane Museum in Geneseo, New
York, dedicated to the restoration and maintenance of World War
II and Korean era aircraft and a registered non-profit
organization, is interested in obtaining these aircraft for
display. The Committee directs the Customs Service to transfer
these aircraft, which have no further law enforcement use, to
the National Warplane Museum.
uh-60 black hawk mission improvement program
The Committee shares the concern expressed in Senate Report
103-286 regarding U.S. Army helicopters on loan to the United
States Customs Service in support of counternarcotics
operations. Since these UH-60 Blackhawks were restricted from
night operations, drug smugglers have exploited their ability
to operate on and over the water at night without risk of
detection or apprehension by Blackhawks. The installation of
Forward Looking Infrared Radar (FLIR) sensors on these UH-60s
will deny the drug smuggler freedom of movement at night and
will enhance crew safety and aircraft survivability. The
committee notes that these Army-owned aircraft and FLIRs must
be maintained to Special Operations Forces standards in order
to meet a backup aircraft inventory requirement for Task Force
106 should 72-hour recall by that unit be required.
refund of excess duties
The Committee is concerned by evidence that the Department
of Commerce has acknowledged collecting excess deposits
amounting to millions of dollars on imports of products subject
to anti-dumping orders due to clerical and computer programming
errors. The Committee is further concerned that the U.S.
Customs Service has failed to use statutory authority, under
Section 212 of the Tariff and Trade Act of 1984 (19 U.S.C.
1520), which provides for the refund, prior to liquidation
(emphasis added), of excess duties deposited or paid on an
entry by reason of clerical error.
Recognizing that the Customs Service must work together
with the Commerce Department to settle this matter, the
Committee urges the Customs Service to work with the Commerce
Department to resolve these matters in accordance with
applicable laws and regulations as expeditiously as possible,
and report back to the Committee with the results.
canadian private aircraft reporting program
This Committee is concerned that the Canadian Private
Aircraft Reporting Program, designed to facilitate processing
of private aircraft entering from Canada, may result in
increased smuggling along the Northern border, particularly if
``Operation Hardline'' is successful at curbing smuggling in
the South. The Committee directs that Customs provide a report
describing the anti-smuggling safeguards that it intends to
install in this program before it begins implementation.
nafta and textile enforcement
The Administration requested and the Congress approved in
fiscal year 1995 $18 million and 186 full time equivalent
employees for the Customs Service to enforce the NAFTA and GATT
trade agreements, particularly with regard to textiles and
apparel. In fiscal year 1996, the Committee provides full
funding for this initiative and expects the Customs Service to
use its resources for vigorous NAFTA and GATT enforcement,
particularly with regard to textile and apparel trade rules.
customs preclearance in the virgin islands
The Committee directs that the Customs Service seek, in
coordination with other Federal agencies, to provide pre-
clearance services at Cyril E. King International and Alexander
Hamilton International Airports, Virgin Islands, for turbine
and turbo-propeller powered aircraft on instrument flight
plans. This processing should be targeted to begin on October
1, 1995. The Committee requests a progress report on this
effort by July 24, 1995.
port of brownsville/matamoros bridge presidential permit
The Committee is pleased to note that during the May 23-25,
1995, bi-national meetings between Mexico and the United
States, the Port of Brownsville Presidential Permit application
for a commercial bridge, was elevated to the active
consideration list, with the State Department indicating its
intentions to give high priority to the review of the Port's
final revised documentation. The Port submitted its formal
application for this commercial bridge project in October of
1991 and in January, 1992, U.S. Customs wrote the General
Services Administration indicating that the Port bridge was
among its top three priorities for new border stations. Most
importantly, the Committee notes that the Port of Brownsville
has agreed to finance all of the U.S. portion of the bridge,
including all of the U.S. Customs, INS, and Agriculture
inspection facilities and access made to the bridge site, and
to provide free rent to the inspection agencies for a period of
time to be negotiated with U.S. Customs. Additionally, the Port
of Brownsville and the State of Tamaulipas intend to structure
the project in such a way that all of the Mexican
infrastructure, including access roads, would be financed by
private sector funding, not government funding.
The Committee recommends that Customs explore the
possibility of initially staffing the proposed new Port bridge
on a reimbursable basis. It is expected that the Port of
Brownsville/Matamoros bridge will be opened in fiscal year
1998.
harbor maintenance fee collection
Appropriation, fiscal year 1995 to date.................................
Budget estimate, fiscal year 1996....................... $3,000,000
Recommended in the bill................................. 3,000,000
Bill compared with:
Appropriation, fiscal year 1995..................... +3,000,000
Budget estimate, fiscal year 1996...................................
mission
The Harbor Maintenance Fee is established to provide
resources to the Army Corps of Engineers for the improvement of
American channels and harbors. It is assessed on the value of
commercial imports and exports delivered to or from certain
specified ports. The fee is collected by the U.S. Customs
Service and deposited into the Harbor Maintenance Trust Fund.
In fiscal year 1996, $3,000,000 will be transferred from the
Harbor Maintenance Trust Fund to the Customs Service Salaries
and Expenses appropriation to offset costs incurred by Customs
in collecting Harbor Maintenance Fees.
recommendation
The Committee concurs with the President's request.
operation and maintenance, air & marine interdiction programs
Appropriation, fiscal year 1995 to date................. $89,041,000
Budget estimate, fiscal year 1996....................... 60,993,000
Recommended in the bill................................. 60,993,000
Bill compared with:
Appropriation, fiscal year 1995..................... -28,048,000
Budget estimate, fiscal year 1996...................................
mission
The Customs Air and Marine Interdiction Program combats the
illegal entry of narcotics and other goods into the United
States. This appropriation provides capital procurement and all
operations and maintenance for the Customs air and marine
program and support for the interdiction of narcotics by other
Federal, State and local agencies.
recommendation
The Committee funded this account at the President's
request.
customs air program
The Committee has provided statutory language allowing the
Customs Service to provide assistance in law enforcement and
humanitarian operations not specifically related to its primary
mission of drug law enforcement. This is a technical change in
the law. Customs has in the past provided such assistance in
the spirit of cooperation among law enforcement agencies, but
discontinued this practice over the course of the past year
after discovering that it lacked specific authority to do so.
The Committee notes that such operations constitute the third
priority for Customs pilots, after drug interdiction and
support for other Customs law enforcement efforts, but that it
is necessary to undertake these other missions during ``down''
times to keep the Customs pilot's skills honed.
puerto rico air branch
The Committee is aware of the difficulty in staffing the
air branches in Puerto Rico because of a lack of resources
available for Permanent Change of Station (PCS) relocations.
The Committee has provided some such resources as part of
Operation Hardline for the Southwest border but expects the
Customs Service to reprogram resources from other areas in
order to adequately staff the air branch in Puerto Rico.
customs facilities, construction, improvements and related expenses
Appropriation, fiscal year 1995 to date................. $1,000,000
Budget estimate, fiscal year 1996.......................................
Recommended in the bill.................................................
Bill compared with:
Appropriation, fiscal year 1995..................... -1,000,000
Budget estimate, fiscal year 1996...................................
mission
This account funds major Customs construction, repair, and
facility improvement initiatives. Funds were provided in the
Treasury, Postal Service, and General Government Appropriations
Act, 1995 (P.L. 103-329), for a hangar at the Customs Air
Branch in Puerto Rico. No funds are requested for fiscal year
1996.
recommendation
The Committee concurs with the President's request.
customs services at small airports
(to be derived from fees collected)
Appropriation, fiscal year 1995 to date................. $1,406,000
Budget estimate, fiscal year 1996....................... 1,406,000
Recommended in the bill................................. 1,406,000
Bill compared with:
Appropriation, fiscal year 1995.....................................
Budget estimate, fiscal year 1996...................................
mission
Customs charges user fees at certain small airports where
the volume or value of business is insufficient to justify the
availability of Customs services. The funds generated from
these user fees are applied to expenditures incurred in
providing Customs services at each of these designated small
airports.
recommendation
The Committee concurs with the President's request.
Bureau of Engraving and Printing
mission
The Bureau of Engraving and Printing, a non-appropriated
fund account, designs, manufactures, and supplies Federal
Reserve notes, various public debt instruments, as well as most
evidences of a financial character issued by the United States,
such as postage and internal revenue stamps. The Bureau
executes certain printings for various territories administered
by the United States, particularly postage and revenue stamps.
The operations of the Bureau are currently financed by
means of a revolving fund established in accordance with the
provisions of Public Law 656, August 4, 1950 (31 U.S.C. 181),
which requires the Bureau to be reimbursed by customer agencies
for all costs of manufacturing products and services performed.
The Bureau is also authorized to assess amounts to acquire
capital equipment and provide for working capital needs. The
anticipated work volume is based on estimates of requirements
submitted by agencies served.
relationship with the committee
The Committee is concerned that the Department of the
Treasury is attempting to circumvent the excellent working
relationship which has existed for years between the Committee,
the Bureau of Engraving and Printing (BEP), and the U.S. Mint.
It would be most unfortunate if the Department of Treasury
continued to insist that these organizations receive approval
for day-to-day activities or for providing the Committee with
information and assistance. The Committee directs that the BEP
and the Mint be allowed to communicate directly with the
Committee without interference from the Treasury bureaucracy.
Additionally, the Committee strongly recommends that the
Director of the BEP and the Director of the U.S. Mint report
directly to the Assistant Secretary of Treasury for Management
without intervention by the office of the U.S. Treasurer on
matters concerning their respective operations.
implementation of task force recommendations
In April of 1995, the Department of the Treasury released
its Departmental Task Force Report on Physical Security and
Internal Controls at the Bureau of Engraving and Printing
(BEP). This is a comprehensive report which addresses all major
issues which need to be resolved by BEP. The Committee is
pleased that BEP has taken the initiative and has implemented
many of the recommendations. The recommendations which have not
yet been implemented are those which are complex and costly in
nature and therefore require additional time to correct. The
Committee directs that BEP provide quarterly reports on its
progress in implementing the recommendations of the task force.
web press technology
Since June of 1983, the Bureau of Engraving and Printing
(BEP) has spent over $32 million on an unsuccessful attempt to
develop a one-of-a-kind, three-component, web-based currency
production system. Technical problems identified as early as
1982 continue to plague the web press and solving these
problems will probably cost more than could be gained through
its operation. Furthermore, the circumstances which prompted
the BEP to solicit a web-based currency production system no
longer exist. In 1993, the BEP greatly expanded its production
capability by adding a facility in Ft. Worth, Texas which uses
modern sheet-fed presses. This facility eliminated concerns
about meeting currency production demands and single-site
vulnerability, the primary reasons for initiating web-press
development. Therefore, the Committee directs that BEP
immediately suspend its work on developing the Web Press.
classification of chief of police
The Committee has included a new provision (sec. 521) which
authorizes the Bureau of Engraving and Printing to pay its
Chief of Police at a GS-14 level.
new facility
The Bureau of Engraving and Printing (BEP) has initiated a
review of its operations to investigate the possibility of
opening a third currency production facility. The Committee
directs the BEP to develop a plan for expansion and submit the
plan for review by the Committee.
expanding competition for currency paper
For the purposes of section 622 of Public Law 100-202, the
fiscal year 1988 Continuing Resolution, a corporation or other
entity is deemed not to be owned or controlled by persons not
citizens of the United States, if it was created under the laws
of the United States or any one of its states or possessions;
and, if more than 50 percent of the entity is held by United
States citizen(s). This language will allow increased
competition among companies that supply paper used in the
printing of currency. The Committee's intent is to open up
competition to reduce costs. The Committee insists that
production locations for currency paper remain under the
jurisdiction of U.S. law enforcement officials.
United States Mint
salaries and expenses
Appropriation, fiscal year 1995 to date................. $55,740,000
Budget estimate, fiscal year 1996....................... 58,261,000
Recommended in the bill................................. 0
Bill compared with:
Appropriation, fiscal year 1995..................... -55,740,000
Budget estimate, fiscal year 1996................... -58,261,000
mission
The United States Mint manufactures coins, receives
deposits of gold and silver bullion, and safeguards the
Government's holdings of monetary metals.
relationship with the committee
The Committee is concerned that the Department of the
Treasury is attempting to circumvent the excellent working
relationship which has existed for years between the Committee,
the Bureau of Engraving and Printing (BEP), and the U.S. Mint.
It would be most unfortunate if the Department of Treasury
continued to insist that these organizations receive approval
for day-to-day activities or for providing the Committee with
information and assistance. The Committee directs that the BEP
and the Mint be allowed to communicate directly with the
Committee without interference from the Treasury bureaucracy.
Additionally, the Committee strongly recommends that the
Director of the BEP and the Director of the U.S. Mint report
directly to the Assistant Secretary of Treasury for Management
without intervention by the office of the U.S. Treasurer on
matters concerning their respective operations.
mint revolving fund
The Committee has included a provision (sec. 522) which
authorizes the establishment of a revolving fund to finance the
operations of the U.S. Mint. The Fund will be financed through
the transfer of seingniorage.
After years of reviewing U.S. Mint operations, and
discussions with Mint officials and the House Banking
Committee, it has become apparent to the Committee that there
should be more application of basic business practices to the
operations of this agency. The U.S. Mint is one of the last
true production operations of the Federal government and should
be allowed to operate without funding variables imposed by
annual appropriations. The House Banking Committee has reviewed
the provision establishing a revolving fund and has no
objections to including it in this bill.
Without an annual appropriation, there may be the undesired
consequence of limiting Congressional oversight of Mint
operations. To ensure that Congress continues to have
information available for proper oversight, the Director of the
U.S. Mint is required to submit quarterly reports to the
Chairman of the Appropriations Committee detailing the
implementation of the Fund and its impact with regards to
ongoing operations of the U.S. Mint. The reports should, among
other things, compare operations and procedures prior to and
subsequent to the enactment of this legislation.
Furthermore, the Director of the U.S. Mint shall submit an
annual report to Congress detailing the amount transferred to
the Treasury as Miscellaneous Receipts in excess of the amount
required by the Fund, the amount on deposit in the Fund that
exceeds the estimated costs of the Fund, and an explanation of
the specific purposes for which such excess amounts are being
retained in the Fund. The Director shall prepare and submit to
Congress a budget for the Fund, and estimates and Statements of
Financial Condition of the Fund. The Director shall also submit
an Annual Report on the operation of the Mint which includes
the Financial Statement and Auditor's report prepared in
accordance with Federal Agency Accounting Standards and the
Office of Management and Budget's Form and Content Guidance. By
April 30 of each year, the Secretary of the Treasury shall
submit a report on the Fund for the most recently completed
year to the President, the Congress, and the Director of the
Office of Management and Budget.
The Committee does not agree with a proposal advanced by
the Department of the Treasury which would have allowed the
Fund to support personnel levels and functions of the office of
the U.S. Treasurer. This proposal violates the intent of the
Fund and is therefore denied by the Committee.
Bureau of the Public Debt
administering the public debt
Appropriation, fiscal year 1995 to date................. $183,458,000
Budget estimate, fiscal year 1996....................... 176,965,000
Recommended in the bill................................. 170,000,000
Bill compared with:
Appropriation, fiscal year 1995..................... -13,458,000
Budget estimate, fiscal year 1996................... -6,965,000
mission
This appropriation provides funds for the conduct of all
public debt operations and the promotion of the sale of U.S.
savings-type securities.
recommendation
The Committee recommends $170,000,000 for the Bureau of the
Public Debt (BPD) appropriation; a $6,965,000 reduction from
the request and $13,458,000 below 1995. The Committee notes
that current estimate for fee collections is $5,398,000 as
opposed to the $3,100,000 proposed in the budget request which
decreases the amount required for BPD operations by another
$2,298,000.
reassignment of people to parkersburg, west virginia
The Committee has continued a provision (Sec. 529)
prohibiting the use of funds to take adverse action against an
employee of the Bureau of the Public Debt under certain
circumstances, amended to cut off the effect of the provision
on February 15, 1996. This provision does not bar the Bureau
from making preparations, prior to February 15, 1996, necessary
to separate affected employees. The Committee directs the
Bureau to continue its efforts to provide job placement
assistance to affected employees and to report back to the
Committee on these efforts no later than December 1, 1995.
Internal Revenue Service
processing, assistance, and management
Appropriation, fiscal year 1995 to date................. $1,511,266,000
Budget estimate, fiscal year 1996....................... 1,805,042,000
Recommended in the bill................................. 1,682,742,000
Bill compared with:
Appropriation, fiscal year 1995..................... +171,476,000
Budget estimate, fiscal year 1996................... -122,300,000
mission
This appropriation provides for processing tax returns and
related documents, processing data for compiling statistics of
income, assisting taxpayers in correct filing of their returns
and in paying taxes that are due overall planning, and
direction of the Internal Revenue Service, and management of
financial resources and procurement.
recommendation
In fiscal year 1996, the Administration proposed merging
the former ``Administration and Management'' and ``Processing,
Tax Returns, and Assistance'' appropriations. The Committee
agrees with the Administration's request and has merged these
accounts.
The Committee recommends a funding level of $1,682,742,000,
a reduction of $122,300,000 from the request and $171,476,000
over 1995. The Committee denies, without prejudice, requests
for increased funding for tax refund fraud, account resolution,
and amounts to maintain current funding levels and labor costs.
irs ruling affecting american farm bureau federation
The Committee remains concerned about the Internal Revenue
Service (IRS) administration of and ruling on Technical Advice
Memorandum 9416002, which affects the American Farm Bureau
Federation. The IRS ruling involves Unrelated Business Income
Tax (UBIT), and adversely affects thousands of Farm Bureau
members.
The Committee understands the rationale used by the IRS in
its recent report to Congress. However, the Committee believes
that IRS should work with the appropriate congressional
committees to review this ruling.
enforcement of employment tax laws
Current Federal income and employment tax laws may provide
employers with incentives for treating workers as independent
contractors rather than employees as defined by the Internal
Revenue Code. The Congress and the General Accounting Office
have been investigating this situation and there is significant
concern about the annual revenue loss to the government when
employment tax laws are circumvented in this manner.
The Committee directs that the IRS provide the proper level
of resources to ensure the diligent enforcement of the Internal
Revenue Code, especially the laws governing employment tax.
freedom of expression in irs offices
The Committee has become aware of a situation which
developed in an office of the Internal Revenue Service (IRS) in
which a memorandum was circulated among the staff restricting
religious items within employees' personal work areas.
The Committee directs the Secretary of the Treasury to
ensure that neither the IRS or any of its divisions, issue
rules, regulations, memos, or instructions which limit the
constitutional freedom of religious expression by its
employees. The Secretary of the Treasury shall provide the
Committee a copy of his direction to the Commissioner of the
IRS implementing the Committee's direction, which shall be
considered an agency-wide policy direction, within 30 days of
enactment of this Act.
tax law enforcement
Appropriation, fiscal year 1995 to date................. $4,385,459,000
Budget estimate, fiscal year 1996....................... 4,524,351,000
Recommended in the bill................................. 4,254,476,000
Bill compared with:
Appropriation, fiscal year 1995..................... -130,983,000
Budget estimate, fiscal year 1996................... -269,875,000
mission
This appropriation provides for the examination of tax
returns, both domestic and international, and the
administrative and judicial settlement of taxpayer appeals of
examination findings. It also provides for technical rulings,
monitoring employee pension plans, determining qualifications
of organizations seeking tax-exempt status, examining tax
returns of exempt organizations, enforcing statutes relating to
detection and investigation of criminal violations of the
internal revenue laws, collecting unpaid accounts, compiling
statistics of income and compliance research, and securing
unfiled tax returns and payments. Included in this amount is
the Tax Compliance Initiative, a five year plan to ensure
equitable application and adequate enforcement of the tax laws,
to promote voluntary compliance with the internal revenue laws,
to identify possible nonfilers for investigation and to
investigate cases of fraud or financial transactions related to
possible money laundering schemes.
recommendation
The Committee recommends a funding level of $4,254,476,000;
a reduction of $269,875,000 from the request and $130,983,000
below 1995.
tax compliance initiative
The Committee recognizes that, while the House Budget
Resolution includes a set aside of $405 million for the Tax
Compliance Initiative, the conference agreement on the Budget
Resolution does not agree with such a set aside. This requires
the Committee to accommodate the Initiative within its
allocation. To meet the overall commitment to this initiative
and its funding allocation, the Committee recommends a
``stretch out'': from a 5-year, $2 billion program to a 7-year
$2 billion program. In taking this action, the Committee
recognizes that, according to IRS calculations, the result
could reduce projected revenues by $800 million over 7 years.
This ``stretch out'' will reduce the $405,000,000 included in
the 1996 budget request to $266,000,000. The Committee has
provided $266,000,000 for the Tax Compliance Initiative,
$57,000,000 to fund the 1996 pay raise, and $13,000,000 for a
test of privatization of collections.
tax collection
The inability of the Internal Revenue Service (IRS) to
collect a significant portion of tax liabilities has prompted
the General Accounting Office (GAO) and the Office of
Management and Budget (OMB) to recognize Accounts Receivable as
a high-risk area. In a February 1995 report, GAO found that IRS
collections decreased about 8 percent between 1990 and 1995.
These poor results are attributable, in part, to IRS' lengthy
and inefficient collection process which does not incorporate
techniques used by the private sector.
In fiscal year 1994, the IRS developed a project seeking
assistance from private debt collection agencies to enforce
compliance efforts. IRS estimated that this effort would raise
an additional $62 million in revenue. This project was never
implemented. The Committee believes that this initiative
continues to have merit and has included language which directs
that $13 million of the funds appropriated for Tax Law
Enforcement be used to award contracts for private sector
assistance in collection activities.
The Committee recognizes that there are valid legal issues
which must be taken into account before this initiative can be
implemented. For example, according to OMB, the actual
collection of taxes is considered an inherently governmental
function requiring performance by government employees.
However, the Committee notes that private companies can and do
perform collection-related activities.
The Committee is certainly not interested in violating the
rights of taxpayers and has limited the funds to contracts
which provide protections found in the Taxpayer Bill of Rights.
Additionally, the Committee believes that the contracts should
provide for ``progress'' payments to the private sector
companies where payment on the contract will depend on
adherence to the Taxpayer Bill of Rights as well as revenue
actually collected. In this way the contractor only receives
payment if revenue is collected.
To ensure that this initiative receives an opportunity to
flourish, the Committee is adamant that IRS should consider a
regional test of the program, assigning collection cases that
would fit the profile of a private sector collection agency.
Additionally, the Committee insists that the contracts should
include the opportunity for smaller collection agencies to
participate.
information systems
Appropriation, fiscal year 1995 to date................. $1,386,510,000
Budget estimate, fiscal year 1996....................... 1,879,582,000
Recommended in the bill................................. 1,575,216,000
Bill compared with:
Appropriation, fiscal year 1995..................... +188,706,000
Budget estimate, fiscal year 1996................... -304,366,000
mission
This appropriation provides for IRS data processing
support, including the evaluation, development, and
implementation of computer systems, software, and hardware
requirements. This appropriation also includes funds for Tax
Systems Modernization.
recommendation
The Committee has provided $1,575,216,000 for Information
Systems; a reduction of $304,366,000 from the request and
$188,706,000 above 1995. Of this amount, $721,835,000 is for
Tax Systems Modernization (TSM) and $143,234,000 for other
computer efforts designed to keep the current system operating
until TSM comes on line. The Committee notes that these figures
represent the IRS' and Treasury Department's efforts to revise
TSM priorities. The Committee is clearly pleased to see the
Department working in partnership with the IRS to enhance
oversight and implementation of the TSM program.
tax systems modernization
The Committee has not included statutory language, as it
has in the past, placing a ``floor'' on the amount that must be
expended on TSM. However, the Committee is adamant that IRS
implement the program at the $721,835,000 level and directs
that any plan which would change this funding level be approved
in advance by the Committee.
On February 16, 1995, the Committee held a hearing on the
Tax Systems Modernization program. The General Accounting
Office testified that, while IRS had made some progress in its
management and planning of TSM, there remained several
significant problems: a lack of sufficient technical and
management expertise and skills to implement TSM; an inability
to take into account changes during development of TSM; and a
lack of set system development priorities, established
performance measures, or fully established technical
guidelines. Additionally, the GAO suggested that although IRS
had plans to implement the direction contained in House Report
103-534, complete implementation of the Committee's direction
had not yet occurred.
In a follow on report submitted to the Committee in April
of 1995, the GAO reiterated these points and provided its
recommendations of items the IRS should address immediately.
The recommendations included: implement a complete process for
selecting, prioritizing, controlling and evaluating the
progress and performance of all major information systems
investments; review all planned and ongoing systems investments
according to decision criteria; define, implement, and mandate
a consistent set of procedures; complete an integrated systems
architecture; develop a Test and Evaluation Master Plan for
modernization; and establish an integration test and control
facility. The Committee agrees with GAO's recommendations, but
believes the limited time frame suggested by the GAO is
unrealistic.
The Committee has included a provision in the appropriation
language which prohibits the expenditure of a portion of the
1996 funds until the IRS provides a plan for implementing, by
September 30, 1996, the GAO recommendations included in its
April 1995 report. The report must also address the methods IRS
will use to ensure sufficient technical and management
expertise and skills are available to develop and implement
TSM, an area which the Committee believes should be solved
through contract rather than through direct hiring on the part
of IRS. The report must be submitted to the House
Appropriations Committee and the House Ways and Means Committee
for approval before the expenditure of $70,000,000 in 1996
funds.
As indicated last year, it is not the intent of the
Committee that reductions to the amount requested be applied
disproportionately to contracted efforts. In particular, the
Committee anticipates that the strategic re-planning required
to implement the 1996 funding level will require more intensive
utilization of the IRS's federally funded research and
development center.
The Committee has included a provision (Sec. 526) which
terminates the role of the General Services Administration
(GSA) in the delegation of procurement authority with regards
to Tax Systems Modernization. The Committee believes that this
change will eliminate the inefficiencies of duplicate
requirements imposed by both the Federal Acquisition Regulation
(FAR) and GSA. The Committee notes that this provision does not
alleviate the Secretary's requirement to adhere to the FAR.
tax systems modernization-program management
The Committee is pleased that the IRS has taken the
development and implementation of the TSM program seriously and
has elevated its management to the level of Associate
Commissioner. The Committee is also pleased that the Secretary
of the Treasury has taken a serious interest in the management
of TSM and has formed a management team to monitor the
development and implementation of the program. It is important
that this management team not become a bureaucratic mill stone
around the neck of TSM, but instead provide leadership,
oversight, and support.
administrative provisions--internal revenue service
Section 1. The Committee has continued a provision which
allows funds available to the IRS to be transferred to other
IRS operations with the advanced approval of the House and
Senate Committees on Appropriations. The Committee has modified
the amount from four percent to two percent.
Section 2. The Committee has continued a provision which
institutes and maintains a training program in taxpayer's
rights and cross-cultural relations.
United States Secret Service
Salaries and Expenses
Appropriation, fiscal year 1995 to date................. $483,606,000
Budget estimate, fiscal year 1996....................... 541,258,000
Recommended in the bill................................. 542,461,000
Bill compared with:
Appropriation, fiscal year 1995..................... +58,855,000
Budget estimate, fiscal year 1996................... +1,203,000
Mission
The Secret Service is responsible for the security of the
President, the Vice President and other dignitaries and
designated individuals; for enforcement of laws relating to
obligations and securities of the United States and financial
crimes such as financial institution fraud and other fraud; and
for protection of the White House and other buildings within
Washington, DC.
recommendation
The Committee recommends an appropriation of $542,461,000,
an increase of $1,203,000 above the fiscal year 1996 request
and an increase of $58,855,000 above fiscal year 1995.
In support of the Secret Service's primary mission to
protect the President, the Vice President and other
dignitaries, the Committee has provided $41,216,000 in
recognition of the upcoming Presidential election and other
mandatory workload changes. This is above the President's
request by $3,910,000 as the Committee denies the request to
transfer funds and 17 FTEs from the Secret Service to the
proposed Foreign Law Enforcement Account.
The Committee disapproves the proposed reallocation of
$3,000,000 from Financial Institution Fraud Investigations to
Credit Card/Access Device Fraud Investigations.
The Committee has reduced the request of $16,295,000 for
the costs associated with the Secret Service's headquarters
move by $2,488,000; additional funds needed for interior build
out, specialized filing, and technical support services can be
absorbed within the amounts appropriated.
The Committee has also denied the request of $1.2 million
for the replacement of the mainframe computer; this request
should be made in a future fiscal year after the Secret Service
has relocated to its new headquarters space.
white house security
Because the Committee did not approve the proposed transfer
of $1,814,000 to White House Security in 1995, the Committee
has restored this amount to the 1996 base request. The
additional White House Security requirements supported by the
$1.8 million transfer were included in the pending 1995
supplemental appropriations bill.
Violent Crime Reduction Programs
Appropriation, fiscal year 1995 to date................. $38,700,000
Budget estimate, fiscal year 1996....................... 78,200,000
Recommended in the bill................................. 63,886,000
Bill compared with:
Appropriation, fiscal year 1995..................... +25,186,000
Budget estimate, fiscal year 1996................... -14,314,000
mission
Amounts for the Department of the Treasury's portion of
Crime Control Programs are derived from transfers from the
Violent Crime Reduction Trust Fund (VCRTF) as authorized by the
Crime Control and Law Enforcement Act of 1994. In 1996, the
President proposed creation of a grant program operated by the
Bureau of Alcohol, Tobacco and Firearms. This program, called
the ``Violence Reduction Alliance'', will provide funds for
states and localities to work in partnership with BATF to
combat firearms crime and interstate gun trafficking.
Additional crime bill funds were proposed to be used to attack
the problem of refund fraud in tax returns, to enhance border
enforcement, to fight overseas counterfeiting, to crack down on
money laundering, and to increase training of and communication
among Federal law enforcement personnel.
recommendation
The Committee has provided $63,886,000 to the Treasury
Violent Crime Reduction Program.
The Committee approved the $2,221,000 request for the
Financial Crimes Enforcement Network.
The Committee denied ATF's request of $25,300,000 for its
proposed Violence Reduction Alliances (VRA). The Committee
finds this to be an intriguing idea, but declines to fund new
projects when there is not enough money to fund worthy,
existing programs. Instead, the Committee provides $3,100,000
for ATF to continue its efforts in the development of
ballistics technologies as part of the ``CEASEFIRE'' program.
The Committee provides $12,200,000 for the Gang Resistance
Education and Training (GREAT) project, including the
$7,200,000 proposed by the Administration and $5,000,000
transferred from the ATF salaries and expenses account.
The Committee provides the Customs Service $33,865,000 in
support of Operation Hardline. This includes $12,000,000 for
cargo X-ray systems, $5,300,000 for ``jersey barriers'' and
ballards, $875,000 for port lighting, $700,000 for body armor,
$10,500,000 for permanent change of station (PCS) funding for
special agents, $2,500,000 for special border problem solving
teams, $990,000 in relocation funding for air program officers
and $1,000,000 in computer support for the Southwest border
initiative.
The Committee provides $2,500,000 for enhanced basic
training support at the Federal Law Enforcement Training Center
at Glynco, Georgia.
The Committee has provided $10 million for the Secret
Service's efforts associated with the 1994 Crime Bill. The
Committee denies the President's proposal to reprogram $1.6
million appropriated in 1995 from Missing and Exploited
Children to Counterfeiting, and instead funds Counterfeiting at
$5.0 million and Missing and Exploited Children at $1.6
million. The Committee has also included $3.0 million for
Financial Institution Fraud Investigations and $400,000 to
expand the Treasury Recipient Integrity Program, ``TRIP'',
domestically. The Committee is encouraged by the success of the
Domestic Benefit Recipient Verification Program and encourages
the Secret Service to develop a pilot project to expand
entitlement fraud investigations through this program.
Counterfeiting
Last year, the Committee provided the Secret Service with
additional funds to combat the dramatic growth in overseas
counterfeiting. The Committee directed the Secret Service to
use these funds to increase staffing at their existing foreign
offices and to establish a new office in Moscow. The Committee
further directed the Secret Service to report by March 1, 1995
on its overseas staffing requirements. The Committee has
received this report and notes that the Secret Service has
identified the need for 28 additional FTE's overseas and the
establishment of 6 new foreign offices. To date, these staffing
requirements and new foreign office openings have not been
accomplished. While the Committee recognizes the interim
efforts of the Secret Service to combat foreign counterfeiting
with task forces, it believes the permanent presence of the
Secret Service in the areas identified in the March 1 report is
essential to combating this serious problem.
The Committee recommends the Secret Service to take the
necessary steps to increase their foreign office staffing and
establish new foreign offices in Bogota, Hong Kong, Mexico
City, Moscow, Nicosia, and Ottawa. The Committee also directs
the Secret Service to report by February 1, 1996, with
specificity, on the progress of this initiative.
General Provisions--Department of the Treasury
Section 101. The Committee has continued a provision which
requires the Secretary of the Treasury to comply with certain
reprogramming guidelines when obligating or expending funds for
law enforcement activities.
Section 102. The Committee has continued a provision which
allows the Department of Treasury to purchase uniforms,
insurance, motor vehicles without regard to the general
purchase price limitation, and enter into contracts with the
State Department for health and medical services for Treasury
employees in overseas locations.
Section 103. The Committee has continued a provision which
allows two percent of the funds available to the Treasury
Department to be transferred between Treasury accounts with the
advance approval of the House and Senate Committees on
Appropriations.
Section 104. The Committee has continued a provision which
restricts the use of funds appropriated to the IRS if employees
are not in compliance with the Fair Debt Collection Practices
Act. The Committee has modified this provision by adding the
requirement that private sector employees under contract to the
IRS must also comply with the Fair Debt Collection Practices
Act.
Section 105. The Committee has continued a provision which
mandates the IRS institute policies and procedures which
safeguard the confidentiality of taxpayer information.
Section 106. The Committee has continued a provision which
requires expenditure of funds so as not to diminish efforts
under the Federal Alcohol Administration Act.
The Committee has deleted a provision which limits the use
of efficiency savings for the IRS.
TITLE II--POSTAL SERVICE
Payments to the Postal Service
Payment to the Postal Service Fund
Appropriation, fiscal year 1995 to date................. $92,317,000
Budget estimate, fiscal year 1996....................... 109,094,000
Recommended in the bill................................. 85,080,000
Bill compared with:
Appropriation, fiscal year 1995..................... -7,237,000
Budget estimate, fiscal year 1996................... -24,014,000
Payment to the Postal Service Fund for Nonfunded Liabilities
Appropriation, fiscal year 1995 to date................. $37,776,000
Budget estimate, fiscal year 1996....................... 36,828,000
Recommended in the bill................................. 36,828,000
Bill compared with:
Appropriation, fiscal year 1995..................... -948,000
Budget estimate, fiscal year 1996...................................
payment to the postal service fund
The Committee provides the Postal Service's request of
$55,700,000 for free mail for the blind, $380,000 for overseas
voting and $29,000,000 for the revenue foregone adjustment.
Because of budgetary constraints, the Committee was unable to
recommend the $24,014,000 reconciliation adjustment and defers,
without prejudice, funding for this item.
While the Committee is unable to fund in fiscal year 1996
the $24 million reconciliation adjustment payment due to the
Postal Service for revenue foregone on free and reduced-rate
mail in fiscal years 1992 and 1993, the Committee recognizes
that the government has a statutory obligation to reimburse the
Postal Service for these expenses. It is the Committee's intent
to fund this payment next year in addition to other payments
due in fiscal year 1997.
american canyon, california zip code
The Committee believes that the Postal Service should
reconsider its decision to deny the City of American Canyon,
California, its own Zip Code. Despite the fact that American
Canyon is a separately incorporated municipality of more than
8,000 residents in Napa County, it is assigned the same Zip
Code as the City of Vallejo, which is in Solano County. Not
only is this a matter of civic identity, but the situation
disadvantages the City and its residents. Mail intended for
Solano County residents is misdelivered, and the residents have
to drive more than six miles to obtain postal services. The
unified Zip Code also makes it difficult for the State
Controller and State Board of Equalization to apportion State
subvention funds to cities.
The Committee notes that many communities smaller than
American Canyon have their own Zip Codes. Under such
circumstances, the Committee strongly encourages the Postal
Service to give further consideration to assigning American
Canyon its own Zip Code.
processing center in staten island, new york
While understanding the need for the Postal Service to
adjust its operations to take advantage of advances in
automation, the Committee is concerned about the impact of the
proposed relocation of outgoing mail processing operations
currently stationed in Staten Island, New York.
The Committee requests that the Postal Service conduct a
review to determine the impact on postal operations and
employees, the cost of the move, and the anticipated effect on
mail service in this area. A copy of this review and a written
justification for the proposal should be provided to the
Committee if the Postal Service decides to proceed with this
change.
breast cancer stamp
The Committee believes that, despite increasing public
education and an emphasis on early detection, over the last
three decades the incidence of breast cancer in this Nation has
risen to an all-time high. Therefore, additional efforts to
provide for greater national awareness of breast cancer are
warranted. To this end, the United States Postal Service and
the Citizen's Stamp Advisory Committee are encouraged to
introduce, in fiscal year 1996, a postage stamp that is
primarily focused toward the enhancement of breast cancer
awareness. The symbol for breast cancer awareness, the pink
ribbon, should be featured on the stamp.
alamogordo and hobbs, new mexico
The Committee is concerned about the need for new post
office locations and facilities for the growing cities of
Alamogordo and Hobbs, New Mexico. The small Alamogordo post
office has seen a tripling of the number of the routes it
serves in the last thirty years and presently has no parking
for either customers or employees at its high traffic location.
The sixty-year-old Hobbs post office is wholly inadequate in
terms of condition, size, safety, and parking. The Committee
directs the Postal Service to evaluate plans for new facilities
at these locations, and to report back to the Committee as soon
as possible in this regard.
flexibility in pricing
The Committee is aware that small businesses that are large
volume users are unable to get the discounts offered to larger
businesses by the Postal Service because they cannot meet
current requirements. During testimony before the Committee,
the Postmaster General indicated he would welcome greater
flexibility in pricing. The Committee supports the Postmaster
General in seeking greater flexibility in pricing and, in
particular, contract pricing practices that would allow the
Postal Service to set discount prices for projected volume.
u.s. post office, Baxley, georgia
The Committee is aware that a new Post Office is slated for
Baxley, Georgia. While the Committee realizes that the Baxley
Post Office must go through the normal process, the Committee
supports the proposed project and encourages the Postal Service
to continue working with the residents of Baxley to ensure that
an updated facility is built.
breckenridge, colorado
The Committee is concerned about the failure of the Postal
Service to complete planning for the construction of a new post
office in Breckenridge, Colorado. The Committee instructed the
Service in last year's report to complete this planning in
fiscal year 1995, so that construction of a new post office,
for which the Postal Service has already purchased land, could
begin in fiscal year 1996. The Committee urges that planning
for the project be completed in fiscal year 1996. The Postal
Service is further requested to report back to the Committee by
April 1, 1996, on the progress of this necessary project.
philadelphia airport postal facility
The Committee understands that the American Helicopter
Museum and Learning Center in Philadelphia, PA requires a
facility for the refurbishment, storage, display and flight
demonstration of historic rotary wing aircraft and that the
vacant Postal Service facility at the Philadelphia airport
meets the Museum's requirements. Recognizing the Nation's
interest in preserving its rich heritage in rotary wing
aviation, the Postal Service's pioneering role in the
application of such aircraft for mail delivery, and
Philadelphia's role in the development of the rotary wing
industry, the Committee encourages the Postal Service to enter
into discussions with the Museum regarding the possible
transfer of the vacant Postal facility.
pleasant hill, iowa zip code
The Committee understands that the city of Pleasant Hill,
Iowa is experiencing difficulty with existing postal service
delivery due to the city having two zip codes, one in Des
Moines and the other in Altoona. The Committee directs the
United States Postal Service to conduct a study of the
situation and report back to the Committee its findings and a
solution to the problem three months from the date of enactment
of this legislation.
TITLE III--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO
THE PRESIDENT
Compensation of the President
Appropriation, fiscal year 1995 to date................. $250,000
Budget estimate, fiscal year 1996....................... 250,000
Recommended in the bill................................. 250,000
Bill compared with:
Appropriation, fiscal year 1995.....................................
Budget estimate, fiscal year 1996...................................
mission
These funds provide for the compensation of the President
and for official expenses as authorized by 3 USC 102.
The White House Office
salaries and expenses
Appropriation, fiscal year 1995 to date................. $40,022,000
Budget estimate, fiscal year 1996....................... 40,193,000
Recommended in the bill................................. 39,459,000
Bill compared with:
Appropriation, fiscal year 1995..................... -563,000
Budget estimate, fiscal year 1996................... -734,000
mission
These funds provide the President with staff assistance and
provide administrative services for the direct support of the
President.
Recommendation
The Committee recommends $39,459,000, a reduction of
$563,000 from 1995 levels and a reduction of $734,000 from the
amount requested by the President.
The Committee assumes the lower of the 1995 enacted level
or the President's request.
white house gift collection
The Committee directs the White House to work with the
National Archives and Records Administration to review the
White House Gift Collection to determine the advisability of
displaying the Collection at the Archives II facility.
Executive Residence at the White House
operating expenses
Appropriation, fiscal year 1995 to date................. $7,827,000
Budget estimate, fiscal year 1996....................... 7,827,000
Recommended in the bill................................. 7,522,000
Bill compared with:
Appropriation, fiscal year 1995..................... -305,000
Budget estimate, fiscal year 1996................... -305,000
Mission
These funds provide for the care, maintenance, and
operation of the Executive Residence.
recommendation
The Committee recommends $7,522,000, a reduction of
$305,000 from both the fiscal year 1995 enacted level and the
amount requested by the President. The Committee assumes all of
the savings identified in the President's FY 1996 request and
none of the increases.
young americans chef program
Last year, in testimony before the Committee, the Executive
Residence testified that $23,000 in funds to support the
``Young Americans Chef'' internship program would reduce the
number of additional chefs required for the White House Chef.
To date, the Committee notes there has been no reduction in the
number of chefs employed by the Executive Residence. The
Executive Residence is seeking $18,000 in additional funds to
support this internship program in 1996; the Committee
encourages the Executive Residence to review the
appropriateness of continuing this program in light of tight
budgetary constraints.
White House Repair and Restoration
Appropriation, fiscal year 1995 to date.................................
Budget estimate, fiscal year 1996....................... $2,200,000
Recommended in the bill.................................................
Bill compared with:
Appropriation, fiscal year 1995.....................................
Budget estimate, fiscal year 1996................... -2,200,000
Mission
The President has requested an appropriation of $2,200,000
for expenses necessary for the repair and restoration of the
roof of the Executive Residence.
recommendation
The Committee recommends no appropriation for White House
Repair and Restoration and instead funds this request through
the General Services Administration.
The Committee supports efforts to repair and restore the
roof of the Executive Residence but is concerned that the
National Park Service has not taken the necessary steps to
complete this project in the most cost efficient manner and, in
particular, that only one evaluation of the roof has been
completed to date. The Committee has funded this request
through the GSA in order to ensure that this restoration will
receive the appropriate level of review and encourages GSA to
proceed with the restoration in a manner consistent with the
repair and alteration of federally controlled space. The
Committee further directs GSA and the National Park Service to
work in complete cooperation with the Secret Service in order
to accommodate necessary White House security requirements.
Official Residence of the Vice President
operating expenses
Appropriation, fiscal year 1995 to date................. $324,000
Budget estimate, fiscal year 1996....................... 324,000
Recommended in the bill................................. 324,000
Bill compared with:
Appropriation, fiscal year 1995.....................................
Budget estimate, fiscal year 1996...................................
mission
These funds provide for the care and operation of the Vice
President's official residence.
recommendation
The Committee recommends $324,000, the same as the 1995
enacted level and the amount requested by the President.
Special Assistance to the President
Salaries and Expenses
Appropriation, fiscal year 1995 to date................. $3,280,000
Budget estimate, fiscal year 1996....................... 3,280,000
Recommended in the bill................................. 3,175,000
Bill compared with:
Appropriation, fiscal year 1995..................... -105,000
Budget estimate, fiscal year 1996................... -105,000
mission
These funds are to be used by the Vice President to carry
out responsibilities assigned him by the President and by
various statutes.
recommendation
The Committee recommends $3,175,000, a reduction of
$105,000 from both the 1995 enacted level and the amount
requested by the President.
In most cases, the Committee's recommendation assumes the
lower of the 1995 enacted level or the amount requested by the
President.
Council of Economic Advisers
Salaries and Expenses
Appropriation, fiscal year 1995 to date................. $3,439,000
Budget estimate, fiscal year 1996....................... 3,439,000
Recommended in the bill.................................................
Bill compared with:
Appropriation, fiscal year 1995..................... -3,439,000
Budget estimate, fiscal year 1996................... -3,439,000
mission
The Council of Economic Advisers analyzes the national
economy and its various segments, advises the President on
economic developments, recommends policies for economic growth
and stability, appraises economic programs and policies of the
Federal Government, and assists in preparation of the annual
Economic Report of the President to Congress.
recommendation
The Committee recommends no appropriation for the Council
of Economic Advisors.
Duplication of Programs
The Committee is concerned about the duplication of effort
within the Executive Office of the President (EOP),
particularly as it relates to advising the President on
economic policy. Under the current organizational structure,
there are three separate entities responsible for advising and
assisting the President in the formulation, coordination, and
implementation of economic policy; the National Economic
Council, the Office of Management and Budget, and the Council
of Economic Advisors. In support of initiatives to eliminate
duplicative federal programs, as proposed in the Vice
President's National Performance Review, the Committee has
terminated the Council of Economic Advisors. Functions
previously performed by the Council can be assumed by both OMB
and the National Economic Council.
Office of Policy Development
Salaries and Expenses
Appropriation, fiscal year 1995 to date................. $5,058,000
Budget estimate, fiscal year 1996....................... 3,867,000
Recommended in the bill................................. 3,867,000
Bill compared with:
Appropriation, fiscal year 1995..................... -1,191,000
Budget estimate, fiscal year 1996...................................
mission
The Office of Policy Development supports the National
Economic Council and the Domestic Policy Council in carrying
out their responsibilities to advise and assist the President
in the formulation, coordination, and implementation of
economic and domestic policy. The Office of Policy Development
also provides support for other domestic policy development and
implementation activities as directed by the President.
recommendation
The Committee recommends $3,867,000, the same as the 1995
enacted level and the amount requested by the President.
council on Environmental Quality
The Committee's recommendation supports the President's
request to transfer the Office on Environmental Policy to the
Council on Environmental Quality, for savings of $1,130,000
from 1995 levels.
National Security Council
salaries and expenses
Appropriation, fiscal year 1995 to date................. $6,648,000
Budget estimate, fiscal year 1996....................... 6,648,000
Recommended in the bill................................. 6,459,000
Bill compared with:
Appropriation, fiscal year 1995..................... -189,000
Budget estimate, fiscal year 1996................... -189,000
mission
The National Security Council advises the President on the
integration of domestic, foreign, and military policies
relating to national security.
recommendation
The Committee recommends $6,459,000, a reduction of
$189,000 from both the 1995 enacted level and the amount
requested by the President. The Committee assumes all of the
reductions proposed by the President and none of the increases.
Political Advocacy
The Committee is concerned that NSC's role appears to be
evolving from a policy advisory to a political advocacy group.
The Committee strongly disagrees with the NSC's assertion that
reductions in foreign aid are tantamount to unilateral
disarmament or back-door isolationism. However, the Committee
notes NSC's concerns.
Office of Administration
salaries and expenses
Appropriation, fiscal year 1995 to date................. $26,100,000
Budget estimate, fiscal year 1996....................... 26,100,000
Recommended in the bill................................. 25,736,000
Bill compared with:
Appropriation, fiscal year 1995..................... -364,000
Budget estimate, fiscal year 1996................... -364,000
mission
The Office of Administration's mission is to provide high-
quality, cost-effective, administrative services to the
Executive Office of the President. These services, defined by
Executive Order 12028 of 1977, include financial, personnel,
library and records services, information management systems
support, and general office services.
recommendation
The Committee recommends $25,736,000, a reduction of
$364,000 below 1995 enacted levels and $364,000 below the
amount requested by the President. The recommendation assumes
the lower of 1995 levels or the amount requested by the
President for the various activities funded within this
appropriation account.
Telephone Bills
The Committee notes that the Office of Administration has
failed to resolve several outstanding telephone billing issues
that have been in dispute since as early as October of 1994.
The Committee directs the Office of Administration to resolve
these issues expeditiously and to report to the House Committee
on Appropriations on the resolution of the disputes, including
the final amount of payment.
Office of Management and Budget
salaries and expenses
Appropriation, fiscal year 1995 to date................. $57,754,000
Budget estimate, fiscal year 1996....................... 56,272,000
Recommended in the bill................................. 55,426,000
Bill compared with:
Appropriation, fiscal year 1995..................... -2,328,000
Budget estimate, fiscal year 1996................... -846,000
mission
This Office of Management and Budget assists the President
in the discharge of budgetary, economic, management, and other
executive responsibilities.
recommendation
The Committee recommends $55,426,000, a reduction of
$2,328,000 from 1995 levels and a reduction of $846,000 from
the amount requested by the President. The Committee supports
the President's proposal to transfer funding for the
Information Security Oversight Office (ISOO) from OMB, for a
savings of $1,482,000 from 1995 levels.
information security oversight office
In fiscal year 1995, the Congress moved the Information
Security Oversight Office (ISOO) from the General Services
Administration (GSA) to the Office of Management and Budget.
The original 1996 request established ISOO as an independent
agency. A subsequent budget amendment submitted to Congress on
May 2, 1995 proposed transferring ISOO to the National Archives
and Records Administration (NARA). The Committee addresses ISOO
funding in the NARA portion of this report.
presidential priorities
The Committee supports the President's prerogative to fund
agencies under the umbrella of the Executive Office of the
President (EOP), including the Office of Management and Budget
(OMB), at levels necessary to support the Administration's
priorities. As such, the Committee traditionally does not
propose major changes to the President's request for EOP
agencies.
The Committee notes, however, that over the past two years
the Administration has maintained that OMB should not be
considered as part of EOP for the purposes of calculating the
25 percent staff reduction the President committed to achieve
at the start of this Administration. By placing OMB outside the
historical organization of the Executive Office of the
President, the President established a precedent which is
supported by the Committee. In support of this precedent, the
Committee is confident that the funding level recommended for
OMB in 1996 will not impair the Administration's ability to
advance the President's priorities.
Growth in Resource Management Offices
The Committee is concerned about the overall growth in
various Resource Management Offices within OMB and, in
particular, that funding and staffing patterns within these
offices may not reflect new directions being taken within the
federal government as a whole. The Committee is particularly
concerned about growth in the Office of Health and Personnel
where funding has grown by 85 percent from 1993 to 1995 and
staffing has increased by nearly 100 percent. In general, the
Committee believes there are opportunities available within
OMB's internal structure to achieve significant reductions in
staffing and budgetary resources. The Committee also notes,
with concern, that OMB currently has 77 SES positions, a level
that exceeds the number of SES employees in comparably sized
agencies.
Pilot Demonstration project
In support of the President's commitment to the line item
veto, the Committee has included bill language for the Office
of Management and Budget detailing the allocation of funding
levels by program, as set forth in the President's budget. The
Committee agrees with the President that the line item veto,
and appropriations legislation structured to support the line
item veto, will increase accountability and the ability of both
the legislative and the executive branches to review individual
spending programs.
The Committee believes that, by providing the detail of
appropriated amounts in the bill, the OMB will have an
opportunity to gain experience on operating under line item
veto authority and will be able to share the results of that
experience with other executive branch agencies.
The Committee directs OMB to report back to the House
Committee on Appropriations on the advantages and disadvantages
to this concept no later than January 1, 1996.
unfunded mandates
The Committee is aware that the Advisory Commission on
Intergovernmental Relations is tasked with completing a
baseline study and intergovernmental review of federal mandates
and their impact on state, local and tribal governments. The
Committee is further aware that Public Law 104-4, the
``Unfunded Mandates Reform Act of 1995'' authorized $500,000
for ACIR to carry out these reviews. The Committee, however,
has terminated the ACIR.
The Committee believes that OMB has both the technical and
resource capacity to prepare the reports required under P.L.
104-4 and directs OMB to complete these reports according to
the provisions of P.L. 104-4. The Committee has included an
increase of $334,000 above the amount requested by the
President for OMB wide offices to support this effort and
directs OMB to use these funds for this purpose.
Institute of Medicine
The Committee is aware of the 1994 Institute of Medicine
(IOM) Report, ``Reducing Risks for Mental Disorders: Frontiers
for Preventive Intervention Research'' that documents the
uncoordinated research and service efforts that now exist in 23
federal agencies in this field. The Committee believes that
efforts to coordinate these activities would result in both
financial savings and improved science and concurs with the IOM
findings that Executive Branch leadership to coordinate this
field is critical for the efficient expenditure of federal
funds. The Committee urges OMB to coordinate efforts in the
prevention of mental disorders that now exist across the
various federal agencies.
classification reform
The Committee anticipates that the policy changes contained
in Executive Order 12958, ``Classified National Security
Information,'' issued by the President on April 17, 1995 will
result in future budget savings. To realize these savings as
quickly as possible, the Committee directs the office of
Management and Budget to submit to the Committee by January 1,
1996, a copy of each agency's plan to comply with the
declassification requirements of Section 3.4 of E.O. 12958 and
a copy of any instruction, directive or regulation issued by
OMB to develop a security cost accounting system. The Committee
notes that section 5.6(c) (8) of E.O. 12958 requires agencies
to account for the costs of their security classification,
including the costs incurred by contractors in performing
classified work for the Government. The Committee directs OMB
to submit by May 1, 1996, an agency-by-agency report on FY 1995
security classification costs (including contractor costs) and
an estimate of FY 1996 security classification costs to the
House Committee on Appropriations.
adjudicating federal employee grievances
The Committee is concerned regarding the duplication of
effort inherent in the fact that both the Federal Labor
Relations Authority (FLRA) and Merit Systems Protection Board
(MSPB) adjudicate federal employee grievances, and wishes to
indicate that it has no intention of allowing this to continue.
To express its concern, the Committee has reduced the
appropriation for MSPB by $3,420,000 and FLRA by $2,488,000.
The Committee directs the Administration to develop a proposal
to merge these two agencies into a single adjudicatory board
and submit it to the House and Senate Committees on
Appropriations, the House Committee on Government Reform and
Oversight and the Senate Government Operations Committee no
later than February 1, 1996.
fair labor standards act statute of limitations
In the fiscal year 1995 Treasury-Postal Act, the Committee
included a provision directing the Comptroller General to apply
a six year statute of limitation to Fair Labor Standards Act
overtime claims filed by June 30, 1994. The Committee has been
asked to consider repeal of this provision for two reasons:
cost and fairness. The Committee will review this issue prior
to conference with the Senate and, if deemed appropriate, will
suggest changes at that time. In the interim, the Committee
directs the Office of Management and Budget (OMB) to provide an
estimate of the cost of last year's provision to the
government, including a high and low cost estimate as well as a
description of the methdology and assumptions inherent in this
calculation.
Office of National Drug Control Policy
salaries and expenses
Appropriation, fiscal year 1995 to date................. $9,942,000
Budget estimate, fiscal year 1996....................... 9,942,000
Recommended in the bill................................. 20,062,000
Bill compared with:
Appropriation, fiscal year 1995..................... +10,120,000
Budget estimate, fiscal year 1996................... +10,120,000
mission
The Office of National Drug Control Policy, established by
the Anti-Drug Abuse Act of 1988, is charged with developing
policies, objectives and priorities for the National Drug
Control Program as defined by the Act and Executive Order
12880.
recommendation
The Committee provides a total of $20,062,000 for the
Office of National Drug Control Policy. Of this amount,
$9,262,000 supports the functions previously performed by the
salaries and expenses account. In this area, the Committee
recommends a reduction of $386,000, owing to a decrease of 5
FTE, establishing 1994 staffing levels for the office, as well
as a $294,000 reduction in other overhead expenditures. Another
$10,200,000, to remain available until expended, shall be used
for the operations of the Counterdrug Technology Assessment
Center. The remaining $600,000 shall be transferred to the Drug
Enforcement Administration for the El Paso Intelligence Center
(EPIC).
Unanticipated Needs
Appropriation, fiscal year 1995 to date................. $1,000,000
Budget estimate, fiscal year 1996....................... 1,000,000
Recommended in the bill................................. 1,000,000
Bill compared with:
Appropriation, fiscal year 1995.....................................
Budget estimate, fiscal year 1996...................................
Mission
These funds enable the President to meet unanticipated
needs in furtherance of the national interest and security.
Federal Drug Control Programs
High Intensity Drug Trafficking Areas Program
Appropriation, fiscal year 1995 to date................. $107,000,000
Budget estimate, fiscal year 1996....................... 110,000,000
Recommended in the bill................................. 104,000,000
Bill compared with:
Appropriation, fiscal year 1995..................... -3,000,000
Budget estimate, fiscal year 1996................... -6,000,000
mission
The High Intensity Drug Trafficking Areas (HIDTA) Program
was established by the Anti-Drug Abuse Act of 1988 to provide
assistance to Federal and State and local law enforcement
entities operating in those areas most adversely affected by
drug trafficking. Since January 1990, the Director of the
Office of National Drug Control Policy has designated seven
areas as HIDTAs: New York, Los Angeles, Miami, Houston,
Baltimore/Washington, Puerto Rico/Virgin Islands, and the
Southwest Border.
Each HIDTA has a designated Federal official who
coordinates the Federal HIDTA program. Funds made available
under the HIDTA program are disbursed at the discretion of the
Director of the Office of National Drug Control Policy.
recommendation
The Committee has provided statutory language to use the
resources provided as part of the High Intensity Drug
Trafficking Area program more flexibly. The first five HIDTAs
in New York, Los Angeles, Houston, the Southwest Border and
Miami focused almost exclusively on enabling coordination among
law enforcement agencies. The Washington-Baltimore HIDTA
offered the first example of a new HIDTA, one that focused on
improving interaction between health care providers, the
courts, and law enforcement. The language proposed would allow
the Office of National Drug Control Policy to expand its
efforts along these lines, using resources to bring probation
and parole departments, as well as non-profit organizations,
into closer coordination with law enforcement in order to show
that better coordination among all of these entities can reduce
the number of ``hard-core'' drug users.
southwest border hidta
The Committee recognizes the importance of drug-
interdiction initiatives being conducted by High Intensity Drug
Trafficking Areas (HIDTAs), especially their role in
coordinating the activities of state and local agencies in our
nation's war against drugs. The Committee is concerned about
statistics which reveal the proliferation of trafficking in the
Southwestern region of our country and directs the ONDCP to
give the Southwest Border HIDTA high priority in its funding
distribution.
operation alliance
The Committee is aware that ONDCP, the Department of
Justice, and the Department of Treasury are conducting a review
of drug law enforcement programs along the Southwest border.
Among the programs being reviewed is Operation Alliance, which
coordinates the actions of 15 Federal agencies, as well as
state and local agencies in four southwest border states, to
combat drug smuggling in the Southwestern United States. The
Committee reaffirms its support for Operation Alliance.
Special Forfeiture Fund
Appropriation, fiscal year 1995 to date................. $41,900,000
Budget estimate, fiscal year 1996....................... 37,000,000
Recommended in the bill.................................................
Bill compared with:
Appropriation, fiscal year 1995..................... -41,900,000
Budget estimate, fiscal year 1996................... -37,000,000
Mission
The Anti-Drug Abuse Act of 1988 established the Special
Forfeiture Fund, to be administered by the Director of the
Office of National Drug Control Policy. The Special Forfeiture
Fund supports high-priority drug control programs, as defined
by the Director of the Office of National Drug Control Policy.
This Fund, which began operation in fiscal year 1990, receives
deposits from the Department of Justice Assets Forfeiture Fund
and the Department of the Treasury Assets Forfeiture Fund. The
monies in the Fund are transferred to the drug control agencies
in accordance with the priorities articulated in the National
Drug Control Strategy.
recommendation
The Committee recommends terminating this account. Since
this fund fell short of resources in fiscal year 1995, and the
Administration projects no transfers from the Justice or
Treasury forfeiture funds in fiscal year 1996, there is no
reason for the continued operation of this appropriation.
TITLE IV--INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
Appropriation, fiscal year 1995 to date................. $1,800,000
Budget estimate, fiscal year 1996....................... 2,259,000
Recommended in the bill.................................................
Bill compared with:
Appropriation, fiscal year 1995..................... -1,800,000
Budget estimate, fiscal year 1996................... -2,259,000
recommendation
The Committee has eliminated funding for the Administrative
Conference of the United States (ACUS). The House Budget
Resolution assumes termination of ACUS and, as such, the
Committee did not received a 602(b) allocation sufficient to
support the continued funding of this agency.
Advisory Commission on Intergovernmental Relations
salaries and expenses
Appropriation, fiscal year 1995 to date................. $1,000,000
Budget estimate, fiscal year 1996....................... 1,400,000
Recommended in the bill.................................................
Bill compared with:
Appropriation, fiscal year 1995..................... -1,000,000
Budget estimate, fiscal year 1996................... -1,400,000
recommendation
The Committee has eliminated funding for the Advisory
Commission on Intergovernmental Relations (ACIR).
unfunded mandates
The Committee is aware that the Advisory Commission on
Intergovernmental Relations is tasked with completing a
baseline study and intergovernmental review of federal mandates
and their impact on state, local and tribal governments. The
Committee is further aware that Public Law 104-4, the
``Unfunded Mandates Reform Act of 1995'' authorized $500,000
for ACIR to carry out these reviews.
The House Budget Resolution assumes termination of ACIR
and, as such, the Committee did not receive a 602(b) allocation
sufficient to support the continued funding of this agency.
Furthermore, the Committee believes that the Office of
Management and Budget (OMB) has both the technical and the
resource capacity to prepare the reports required under P.L.
104-4. The Committee has provided an additional $334,000 to OMB
for this purpose. The Committee directs OMB to prepare these
reports under the provisions of P.L. 104-4.
Committee for Purchase from People Who Are Blind or Severely Disabled
salaries and expenses
Appropriation, fiscal year 1995 to date................. $1,682,000
Budget estimate, fiscal year 1996....................... 1,800,000
Recommended in the bill................................. 1,682,000
Bill compared with:
Appropriation, fiscal year 1995.....................................
Budget estimate, fiscal year 1996................... -118,000
mission
The Committee for Purchase From People Who Are Blind or
Severely Disabled was established by the Wagner-O'Day Act of
1938, as amended. Its primary objective is to increase the
employment opportunities for people who are blind or have other
severe disabilities and, whenever possible, to prepare them to
engage in competitive employment. In 1996, approximately 27,000
people who are blind or have other severe disabilities are
projected to be employed in nearly 600 producing nonprofit
agencies. The Committee's duties include promoting the program;
determining which commodities and services are suitable for
Government procurement from qualified nonprofit agencies
serving people who are blind or have other severe disabilities;
maintaining a procurement list of such commodities and
services; determining the fair market price for commodities and
services on the procurement list; and making rules and
regulations necessary to carry out the purposes of the Act. In
1996 the Committee expects to have nearly 5,000 items on its
Procurement List and sales of $570 million.
recommendation
The Committee provides $1,682,000 for this account, the
same amount appropriated in fiscal year 1995.
Federal Election Commission
salaries and expenses
Appropriation, fiscal year 1995 to date................. $25,710,000
Budget estimate, fiscal year 1996....................... 29,021,000
Recommended in the bill................................. 26,521,000
Bill compared with:
Appropriation, fiscal year 1995..................... +811,000
Budget estimate, fiscal year 1996................... -2,500,000
mission
The Commission administers the disclosure of campaign
finance information, enforces limitations on contributions and
expenditures, supervises the public funding of Presidential
elections, and performs other tasks related to Federal
elections.
recommendation
The Committee recommends an appropriation of $26,521,000, a
reduction of $2,500,000 below the fiscal year 1996 request and
an increase of $811,000 above the revised 1995 enacted level.
The recommendation is also $1,113,000 below the 1996 authorized
level of $27,634,000.
The Committee's recommendation assumes the lower of FEC
1995 current plan, the 1996 FEC request, or the amount required
to support an FTE level of 320.
computer modernization
The Committee is sympathetic to FEC's position that a full
scale computer modernization plan that includes electronic
filing can not be completed absent an appropriate authorizing
vehicle. Without this authorization, the Committee agrees that
there are limits to the number and types of initiatives that
FEC can pursue toward electronic filing. However, the Committee
is concerned at FEC's current lack of progress toward internal
ADP modernization and is assured that FEC has no statutory
impediments to such a modernization.
The Committee believes the FEC has failed to adequately
plan for internal ADP modernization. To date, despite intense
Committee interest, the FEC has not completed a strategic plan
including a systems requirements analysis. The Committee
further understands that FEC does not have a formal plan with a
methodology for supporting or accomplishing upgrades.
The Committee is convinced the FEC can make tremendous
progress toward managing its workloads more efficiently with an
adequate computer modernization plan in place. Given FEC's
reluctance to independently pursue a comprehensive internal
computer modernization plan, the Committee has earmarked
$1,500,000 of FEC's appropriation for computer modernization
and includes a proviso requiring FEC to submit a systems
requirements analysis to the House Committee on Appropriations
prior to the obligation of any of these funds.
performance measurement
The FEC's basic functions of campaign finance disclosure,
enforcing compliance with the Federal Election Campaign Act,
and oversight of Presidential campaign funding easily lend
themselves to performance based management including
established objectives, milestones and outcomes. Many of FEC's
operations are mechanical and rote in nature. For instance, the
indexing and posting of reports filed by political committee
within the statutory 24 hour time frame can easily be measured.
Other functions are also easily quantified.
The Committee is aware that the FEC is required to comply
with Public Law 103-62, the Government Performance and Results
Act of 1993 and is working to meet the requirements of that
Act. In addition, last year, the Committee included language in
House Report 103-534 directing all agencies under its
jurisdiction to continue with the development of agency
performance measures. The Committee has continued this
direction again and is concerned that, to date, FEC has failed
to submit any such measurements. While FEC has provided the
Committee with workload measures, the FEC has not compared
these workloads to annual objectives.
Based on the testimony the Committee heard during
preparation of the 1996 budget for the FEC, the Committee is
convinced that performance measures will put FEC on a path of
improved service delivery as well as efficiency. The Committee
directs FEC to submit a strategic plan for program activities,
consistent with the provisions of Public Law 103-62, with its
fiscal year 1997 budget request.
Federal Labor Relations Authority
salaries and expenses
Appropriation, fiscal year 1995 to date................. $21,341,000
Budget estimate, fiscal year 1996....................... 22,230,000
Recommended in the bill................................. 19,742,000
Bill compared with:
Appropriation, fiscal year 1995..................... -1,599,000
Budget estimate, fiscal year 1996................... -2,488,000
mission
The Federal Labor Relations Authority (FLRA) serves as a
neutral party in the settlement of disputes that arise between
unions, employees, and agencies on matters outlined in the
Federal Service Labor Management Relations statute, decides
major policy issues, prescribes regulations, and disseminates
information appropriate to the needs of agencies, labor
organizations, and the public. Establishment of the FLRA gives
full recognition to the role of the Federal Government as an
employer.
recommendation
Both the Federal Labor Relations Authority (FLRA) and the
Merit Systems Protection Board (MSPB) adjudicate employee
grievances. Although the Committee appreciates the importance
of separating the adjudicatory and prosecutorial functions of
the employee grievance process, the Committee refuses to
continue funding two separate adjudicatory agencies in these
times of fiscal restraint. To express its concern, the
Committee has reduced the FLRA appropriation by $2,488,000, and
directs the Administration to develop a legislative proposal to
merge all federal employee adjudicatory functions and to submit
this plan to Congress no later than February 1, 1996.
General Services Administration
federal buildings fund
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fiscal year--
-------------------------------------------- House House compared with House compared with
1995 enacted 1996 estimates enacted request
--------------------------------------------------------------------------------------------------------------------------------------------------------
Appropriation............................. 31,197,000 -259,112,000 .................... -310,197,000 +259,112,000
Rescissions............................... (-715,532,000) .................... .................... (+715,532,000) ....................
Limitations on availability of revenue:
Construction & acquisition of
facilities........................... (604,002,000) .................... (367,777,000) (-236,225,000) (+367,777,000)
Alfred P. Murrah Federal Office
Building............................. (40,400,000) .................... .................... (-40,400,000) ....................
Repairs and alterations............... (723,864,000) (911,000,000) (713,086,000) (-10,788,000) (-197,914,000)
Installment acquisition payments...... (127,531,000) (181,963,000) (181,963,000) (+54,432,000) ....................
Rental of space....................... (2,181,300,000) (2,339,000,000) (2,341,100,000) (+159,800,000) (+2,100,000)
Building operations................... (1,322,025,000) (1,352,551,000) (1,389,463,000) (+67,438,000) (+36,912,000)
Transfer to Construction and
Acquisition.......................... .................... (554,813,000) .................... .................... (-554,813,000)
Repayment of Debt..................... .................... (73,433,000) (73,433,000) (+73,433,000) ....................
Emergency funding..................... (-66,800,000) .................... .................... (+66,800,000) ....................
-------------------------------------------------------------------------------------------------------------
Total, Federal Buildings Fund... 310,197,000 -259,112,000 .................... -310,197,000 +259,112,000
(Limitations)............... (4,932,322,000) (5,412,760,000) (5,066,822,000) (+134,500,000) (-345,938,000)
Real Property Activities:
Appropriation......................... .................... 1,022,213,000 .................... .................... -1,022,213,000
Transfer from FBF..................... .................... (554,813,000) .................... .................... (-554,813,000)
Construction and Acquisition--
Limitation:
(Construction--Limitation)........ .................... (1,017,213,000) .................... .................... (-1,017,213,000)
(Acquisition--Limitation)......... .................... (5,000,000) .................... .................... (-5,000,000)
-------------------------------------------------------------------------------------------------------------
Subtotal........................ .................... (1,022,213,000) .................... .................... (-1,022,213,000)
--------------------------------------------------------------------------------------------------------------------------------------------------------
General Services Administration Federal Buildings Fund
recommendation
The fiscal year 1996 budget request included a
$1,022,213,000 appropriation into the Federal Buildings Fund
(FBF) for the construction and acquisition of new facilities.
The Committee denies this request because it violates the
Public Buildings Act which established the FBF as a revolving
fund.
To finance the construction and acquisition of new
facilities, the Committee has made available $367,777,000 from
the FBF, a reduction of $233,925,000 from the 1995 level. The
level of funding for each project is detailed in the bill.
The recommendation reflects the Committee's recognition of
the House Budget Resolution which places a moratorium on new
construction. The Committee's recommendation funds no new
projects. Projects with funding ``in the pipeline'' did receive
continued support. The Committee's recommendation includes a
requirement that all projects receive authorization prior to
the obligation of funds.
united states courthouse construction plan
The Committee has included a new provision (Sec. 4) which
prohibits the submission of a fiscal year 1997 budget for the
construction of United States Courthouses, unless the
facilities meet the construction standards developed by the GSA
and OMB and reflects the priorities of the Judicial Conference
of the United States established in its five-year construction
plan. The development of this plan shall be monitored by the
General Accounting Office (GAO). This document must be produced
and approved before the Committee will consider new funding
requests for courthouse construction in future fiscal years.
The Committee takes this action because, despite repeated
requests, the Courts have been unwilling to produce a
construction plan which would give the Congress an estimation
of the short term and long term needs for Courthouse
construction and renovation. The only plan the Courts have
produced thus far is a ``wish list'' which totals over $10
billion. There is no plan which presents priorities of
construction, annual requirements, or trade-offs if the
priorities are not met.
Furthermore, while the Committee is pleased that the GSA
and the Courts have established ``standards'' for the design of
courthouses; those standards may still be too grand. The
Committee directs the GSA and the Courts to establish new
standards which maximize the useable space, incorporate cost
saving design (such as all the courtrooms on the same floor and
centralized library space), and cost saving construction
techniques such as using the same kind of paneling and
carpeting throughout the building. The Committee suggests that
additional design changes such as shared courtrooms, should be
included in the new standards developed by the GSA.
Additionally, GSA should review current projects to reduce
costs consistent with these new standards and submit revised
prospectuses as necessary.
The Committee recognizes that the Judiciary, as a
Constitutionally separate branch of government, is entitled to
buildings befitting the rank and responsibilities of US Judges.
However, the Constitution of the United States clearly
establishes the Congress as the party responsible for
representing the interests of the American people, including
financial decisions. It is in this capacity that the Committee
makes these recommendations.
commercial broker
The GSA has conducted a review of its Commercial Broker
function to determine if it should be retained within GSA's
operations or if it could be contracted to private sector
concerns. While GSA has made no final decision regarding this
function, the Committee believes that a test of the concept of
privatizing this function should be conducted by the GSA.
Therefore, the Committee directs the GSA to develop a plan
to implement the privatization of the Commercial Broker
function by March 31, 1996, in a large region of GSA
responsibility. The plan shall be submitted to the Committee
for approval no later than December 1, 1995. The plan should
also address the method GSA will use to compare and contrast
efficiencies of maintaining the function in-house versus
privatization.
Grove Arcade Building, Asheville, North Carolina
The Committee understands that the Grove Arcade Building in
Asheville, North Carolina has been vacated by the Federal
government because the agencies have moved into a new Federal
Office Building in the City. The City of Asheville would now
like to regain title to the property at no additional cost,
considering the lost tax revenue which the City has experienced
over the years.
Therefore, the Committee directs the GSA to work with the
City of Asheville to work out the transfer of the title to the
Grove Arcade Building to the City at no additional cost.
El Paso, Texas Federal Building
The Committee directs that, within funds provided in
Building Operations, $560,000 be made available for identified
security improvements at the El Paso, Texas Federal Building.
collocation of usda, davis, california
The Committee commends the General Services Administration
(GSA) for its efforts to assist with the collocation of a
number of Department of Agriculture state offices in Davis,
California. The Committee urges the GSA to continue their
expeditious development of a collocation facility.
pennsylvania avenue development corporation
The Subcommittee on Interior Appropriations has transferred
the Pennsylvania Avenue Development Corporation to the General
Services Administration (GSA). The Committee has included bill
language which directs the GSA to establish a Federal Triangle
Office which reports to the Commissioner of the Public
Buildings Service and directs the continued utilization of
procurement and operating procedures established for the
project pursuant to 40 U.S.C. 1104. It is the intent of the
Committee that this office should exist as a short-term
approach until the project is complete.
surplus military equipment
The Committee has noted with concern the fact that Federal
officers this year seized eight armored personnel carriers,
formerly used at a Department of Energy facility, that
evidently had been transferred to private parties in a manner
which may be inconsistent with applicable law, including the
restrictions on who can receive such military-style equipment,
and to protect public safety, the General Services
Administration is directed to review its policies and
procedures, to assure that future transfers of military
equipment governed by such policies and procedures will be in
compliance with legal requirements, and is directed to report
the results of that review, together with any appropriate
recommendations for changes in law, to the Congress no later
than January 1, 1996.
Repair and Alterations
recommendation
The Committee has made available $713,086,000 for repairs
and alterations of federal facilities; a reduction of
$197,934,000 from the requested level. The level of funding for
each project is detailed in the bill.
treasury building
The Committee has included $7,194,000 for repairs and
alterations for the Treasury Building in Washington, DC. This
project includes replacement of the electrical distribution
system and steam and cooling lines.
While the Treasury Department building is not in GSA's
inventory of facilitates, GSA is the organization which should
be coordinating all requirements for the government-wide
inventory of facilities. The Committee also recognizes that
this is a long-term project which will require additional
funding. GSA is directed to include sums as necessary in future
budget requests for this project.
white house
The Committee has included $2,200,000 for repairs and
alterations for the White House roof. The Committee has funded
this request through the Federal Buildings Fund to ensure that
this restoration will receive the appropriate level of review.
The Committee encourages GSA to proceed with the restoration in
a manner consistent with the repair and alteration of federally
controlled space. The Committee further directs GSA and the
National Park Service to work in complete cooperation with the
Secret Service in order to accommodate security requirements.
national animal disease center and the national veterinary services
laboratories
The Committee has included $100,000 to initiate the design
for expansion of the National Veterinary Services Laboratories
and a new shared Animal Biocontainment Facility. The Committee
directs the GSA to work with the U.S. Department of Agriculture
in designing facilities that can be utilized by both government
and academic institutions in the furtherance of animal health
research.
policy and oversight
Appropriation, fiscal year 1995 to date.................................
Budget estimate, fiscal year 1996....................... $111,827,000
Recommended in the bill................................. 62,499,000
Bill compared with:
Appropriation, fiscal year 1995..................... +62,499,000
Budget estimate, fiscal year 1996................... -49,328,000
mission
This appropriations account consolidates policy, oversight,
and asset management functions associated with real and
personal property, supplies, acquisition, and information
technology into a single account separate from operations. The
establishment of this appropriations account is part of the
Administration's effort to transform the General Services
Administration (GSA) into an organization responsible for
policy and oversight, and to place greater reliance on the
private sector, as appropriate. The creation of this office
will increase accountability for results, encourage innovation,
and enhance government-wide planning.
recommendation
The fiscal year 1996 budget request included a new
appropriation of $111,827,000 for the establishment of a
government-wide policy and oversight office within the General
Services Administration (GSA). The ultimate goal is to move the
GSA toward a centralized policy development and oversight role
for government-wide administrative management issues. The
Committee agrees with this position and has provided
$62,499,000 for this activity, transferring $36,912,000 to
Building Operations. The Committee believes that a centralized
organization, separate from the three operational services,
will be able to achieve significant government-wide
administrative cost savings as a result of strengthened and
coordinated policy and management oversight.
general services administration operations
The budget also included the traditional operating expenses
appropriation at a requested level of $53,878,000 and a
transfer of $68,960,000 to the policy and oversight
appropriation. The separate traditional operating expense
appropriation was maintained because the GSA is in the process
of reviewing all its business lines to determine future
requirement and funding. Because of this, GSA has argued that
it needs to continue funding certain operations through a
direct appropriation. The Committee agrees with this position
and has provided $49,130,000 for this activity. The Committee
supports GSA and its ongoing operational reviews. These ongoing
reviews are necessary and should be completed in an expeditious
manner.
However, the Committee recognizes that the Administrator of
GSA may well be torn between competing interests if both policy
and operational functions are maintained within GSA. The
establishment of the most cost-effective government-wide
administrative policy may not always be in the best interests
of GSA operations. GSA, in its ``serve the interests of the
customer'' mode, may not always make the most cost-effective
decisions for the Federal government as a whole. It is hard to
understand how these functions can co-exist in GSA without the
operational functions dominating the policy functions. The
Director of the Office of Management and Budget (OMB) is
directed to review whether keeping both functions in GSA should
continue in future budget requests.
operating expenses
Appropriation, fiscal year 1995 to date................. $130,036,000
Budget estimate, fiscal year 1996....................... 53,878,000
Recommended in the bill................................. 49,130,000
Bill compared with:
Appropriation, fiscal year 1995..................... -80,906,000
Budget estimate, fiscal year 1996................... -4,748,000
mission
This appropriation account provides for operating expenses
for Federal Supply, Information Technology, Federal Property
Resources and General Management and Administration.
This involves property, transportation and travel services,
and schedules contracting; coordination of government-wide
programs for procurement and use of automatic data processing,
telecommunications and other information technology equipment
and services; maximum utilization of real property by Federal
agencies and the transfer among agencies of excess real
property; disposal of surplus real property by sale, exchange,
lease, permit, assignment, or transfer, as well as the
protection and maintenance of excess and surplus property
pending its disposition; appraisal of excess and surplus
property, necessary environmental and cultural analyses, reuse
planning, and real property utilization surveys; Indian Trust
Accounting; and administrative support of Congressional
District and Senate State offices.
recommendation
The Committee recommends $49,130,000 for the Operating
Expenses appropriation, a reduction of $4,748,000 from the
requested level.
flexiplace telecommuting centers
The Committee is pleased with the progress on the
telecommuting demonstration projects approved to date and has
included $5,000,000 to continue, and expand, the number of
telecommuting centers serving the Washington, DC area.
The Committee has also included language (sec. 5) which
provides clear permanent authority for GSA to use income from
billings to Federal agencies and non-federal sources, to defray
costs directly associated with the functions of flexiplace work
telecommuting centers, paid on or after October 1, 1993.
The Committee has included a provision (sec. 6) which
provides for the transfer of not less than $2,200,000 to the
Charles County Community College, inclusive of amounts
previously provided, for telecommuting centers in Southern
Maryland. This proposed transfer language is in recognition of
the results of the interim report to the Congress on Federal
Interagency Telecommuting Centers which shows that the Southern
Maryland project, developed and operated by the Charles County
Community College, resulted in the highest utilization rate and
lowest cost per user of any telecommuting demonstration.
Within the $2.5 million made available by this Act for
telecommuting centers in northern Virginia, the Committee urges
GSA to establish at least one center at a suitable location in
western Fairfax County and one in Loudoun County, Virginia.
support of congressional state and district offices
The administrative support services provided by the GSA to
Congressional State and District Offices shall continue to be
provided on a non-reimbursable basis.
tax systems modernization
The Committee has included a provision (sec. 526) which
removes oversight of the Tax Systems Modernization program from
the Administrator of the GSA. This authority shall be
transferred to the Secretary of the Treasury.
denver international airport employee relocation
The Committee is concerned about reports that, under FAA
and GSA rules, employees in the Denver, Colorado area were
permitted to claim personal housing relocation allowances in
connection with their transfer from FAA facilities at Stapleton
Field to the new Denver International Airport, even in some
cases where an employee's new home was farther from the new job
site than the employee's former home. This kind of misuse of
public funds is unacceptable and insults American taxpayers.
The Committee expects GSA and FAA to review and reform current
personnel rules and labor agreements to avoid any repetition of
this experience and to restrict relocation allowances to cases
in which a job site transfer reasonably and proximately
necessitates a change in home site.
support of the paralympic games
The Committee directs that within the funds available to
the General Services Administration (GSA), $1,000,000 be made
available for planning and logistical support of the 1996
Paralympic Games.
iowa communications network
In fiscal year 1995, the General Services Administration
(GSA) provided $6,000,000 for the establishment of the Iowa
Communications Network (ICN). The Committee directs that the
$6,000,000 level be maintained in fiscal year 1996.
The 1996 program funding will expand upon existing fiscal
year 1995 ICN pilot projects by adding eight video conferencing
Extension Centers to the Indian Hills Community College pilot
project, a technology demonstration project to develop a
unifed, intergovernmental law enforcement, public safety
network connecting the Clarinda Correctional Treatment Unit to
the ICN, develop a comprehensive local-state-federal plan for
the use of information technologies and telecommunications
services for the State of Iowa, and implement an electronic
communication demonstration project.
office of inspector general
Appropriation, fiscal year 1995 to date................. $33,090,000
Budget estimate, fiscal year 1996....................... 34,407,000
Recommended in the bill................................. 32,549,000
Bill compared with:
Appropriation, fiscal year 1995..................... -541,000
Budget estimate, fiscal year 1996................... -1,858,000
mission
This appropriation provides agencywide audit and
investigative functions to identify and correct management and
administrative deficiencies within GSA which create conditions
for existing or potential instances of fraud, waste and
mismanagement. The audit function provides internal audit and
contract audit services. Contract audits provide professional
advice to GSA contracting officials on accounting and financial
matters relative to the negotiation, award, administration,
repricing, and settlement of contracts. Internal audits review
and evaluate all facets of GSA operations and programs, test
internal control systems, and develop information to improve
operating efficiencies and enhance customer services. The
investigative function provides for the detection and
investigation of improper and illegal activities involving GSA
programs, personnel, and operations.
recommendation
The Committee recommends $32,549,000, for the Inspector
General appropriation; a reduction of $1,858,000 from the
request and $541,000 below the 1995 enacted level. The
reduction is made without prejudice and shall be applied at the
discretion of the Inspector General.
allowances and office staff for former presidents
Appropriation, fiscal year 1995 to date................. $2,215,000
Budget estimate, fiscal year 1996....................... 2,181,000
Recommended in the bill................................. 2,181,000
Bill compared with:
Appropriation, fiscal year 1995..................... -34,000
Budget estimate, fiscal year 1996...................................
mission
This appropriation provides support consisting of pensions,
office staffs, and related expenses for former Presidents
Gerald R. Ford, Jimmy Carter, Ronald Reagan and George Bush and
for pension and postal franking privileges for the widow of
former President Lyndon B. Johnson. Also, this appropriation is
authorized to provide funding for security and travel related
expenses for each former President and the spouse of a former
President pursuant to Section 531 of Public Law 103-329. As of
October 1, 1998, pursuant to Public Law 103-123, support will
be limited to pensions only for these individuals, including
anyone who may become a surviving spouse of these former
Presidents. Support for future former Presidents or their
surviving spouse will also be limited to pensions only
beginning five years after leaving office.
recommendation
The Committee has included a provision (Section 523) which
clarifies the intent of Section 531 of the Treasury, Postal
Service and General Government Appropriations Act, 1995,
amending the first section of Public Law 85-745.
General Services Administration
General Provisions
Section 1. The Committee has continued a provision which
provides for the crediting of amounts received as Federal
agency rental payments to the Federal Buildings Fund.
Section 2. The Committee has continued a provision which
provides funds for the hire of motor vehicles.
Section 3. The Committee has continued a provision which
provides that funds made available for activities of the
Federal Buildings Fund may be transferred between
appropriations with advance approval of the House and Senate
Committees on Appropriations.
Section 4. The Committee has continued a provision which
limits funding for courthouse construction which do not meet
certain standards of a capital improvement plan.
Section 5. The Committee has included a new provision which
authorizes GSA to accept and retain income to offset the cost
of the flexiplace work telecommuting centers.
Section 6. The Committee has included a new provision which
authorizes the transfer of $2.2 million to the Charles County
Community College and repeals a previous authorization.
Section 7. The Committee has included a new provision which
provides that funds appropriated for ``Operating Expenses'' and
``Policy and Oversight'' may be transferred between these
appropriations with advance approval of the House and Senate
Committees on Appropriations
John F. Kennedy Assassination Records Review Board
Appropriation, fiscal year 1995 to date................. $2,150,000
Budget estimate, fiscal year 1996....................... 2,418,000
Recommended in the bill................................. 2,150,000
Bill compared with:
Appropriation, fiscal year 1995.....................................
Budget estimate, fiscal year 1996................... -268,000
Mission
The John F. Kennedy Assassination Records Review Board was
established to oversee the locating and security of all records
which relate to the assassination of President John F. Kennedy.
These records include those of at least fifteen Federal
agencies, previous official investigations, the Presidential
libraries, and many smaller governmental and private
repositories throughout the country.
The purpose of the Board is to ensure the efficient, timely
and full disclosure of these records to the American public.
recommendation
The Committee recommends $2,150,000 for the John F. Kennedy
Assassination Record Review Board, the same amount appropriated
in fiscal year 1995.
Merit Systems Protection Board
Salaries and Expenses
Appropriation, fiscal year 1995 to date................. $24,549,000
Budget estimate, fiscal year 1996....................... 24,549,000
Recommended in the bill................................. 21,129,000
Bill compared with:
Appropriation, fiscal year 1995..................... -3,420,000
Budget estimate, fiscal year 1996................... -3,420,000
Mission
The Merit Systems Protection Board performs the
adjudicatory functions necessary to maintain the civil service
merit system. These include hearing appeals on adverse actions,
reduction-in-force actions, and retirement. The Board reports
to the President on whether merit systems are sufficiently free
from prohibited personnel practices.
recommendation
Both the Federal Labor Relations Authority (FLRA) and the
Merit Systems Protection Board (MSPB) adjudicate employee
grievances. Although the Committee appreciates the importance
of separating the judicatory and prosecutorial functions of the
employee grievance process, the Committee refuses to continue
funding two separate adjudicatory agencies in these times of
fiscal restraint. To express its concern, the Committee has
reduced the MSPB appropriation by $3,420,000, and directs the
Administration to develop a legislative proposal to merge all
federal employee adjudicatory functions and to submit this plan
to Congress no later than February 1, 1996.
The Committee has also provided no resources for merit
system studies in fiscal year 1996.
National Archives and Records Administration
operating expenses
Appropriation, fiscal year 1995 to date................. $195,238,000
Budget estimate, fiscal year 1996....................... 195,291,000
Recommended in the bill................................. 193,291,000
Bill compared with:
Appropriation, fiscal year 1995..................... -1,947,000
Budget estimate, fiscal year 1996................... -2,000,000
mission
The National Archives and Records Administration provides
for basic operations dealing with management of the
Government's archives and records, operation of Presidential
libraries, and for the review for declassification of
classified security information.
Recommendation
The Committee recommends $193,291,000 for the National
Archives and Records Administration appropriation; a reduction
of $2,000,000 from the requested level. The Committee's
reduction is taken without prejudice and may be applied at the
discretion of the Archivist. The recommendation does provide
for the $592,000 increase for the transfer of the records of
former President Bush and the $1,200,000 request for roof
repair at the Johnson Library.
information security oversight office
In fiscal year 1995, the Congress moved the Information
Security Oversight Office (ISOO) from the General Services
Administration (GSA) to the Office of Management and Budget
(OMB). The fiscal year 1996 budget request established the
Information Security Oversight Office (ISOO) as an independent
agency. A subsequent budget amendment submitted to Congress on
May 2, 1995, moved this agency to the National Archives and
Records Administration (NARA). The Committee's recommendation
eliminates this organization.
The Committee's recommendation will result in the
elimination of the ISOO, however it recognizes that any
requirement to complete certain functions previously performed
by the Office can be picked up by the National Archives or
other appropriate agencies such as the Department of Defense.
Renovation of the Archives I Facility
The Committee is concerned that the National Archives and
Records Administration (NARA) is planning a renovation of the
old Archives I facility without complete information on its
requirements and a plan for financing this renovation. The
Committee directs the Inspector General of the NARA review any
and all plans which are being developed for such a renovation
and report its findings to the Archivist no later than March 1,
1996.
White House Gift Collection
The Committee directs the National Archives and Records
Administration to work with the White House to review the White
House Gift Collection to determine the advisability of
displaying the Collection at the Archives II facility.
National Historical Publications and Records Commission
grants program
Appropriation, fiscal year 1995 to date................. $9,000,000
Budget estimate, fiscal year 1996....................... 4,000,000
Recommended in the bill................................. 4,000,000
Bill compared with:
Appropriation, fiscal year 1995..................... -5,000,000
Budget estimate, fiscal year 1996...................................
recommendation
The 1995 Treasury, Postal Service and General Government
Appropriations Act, separated the NHPRC from the appropriation
for the NARA, making the grants program a separate
appropriation.
The Committee recommends $4,000,000 for the National
Historical Publications and Records Commission, the same as the
President's request and $5,000,000 below the 1995 enacted
level.
Office of Government Ethics
salaries and expenses
Appropriation, fiscal year 1995 to date................. $8,104,000
Budget estimate, fiscal year 1996....................... 8,328,000
Recommended in the bill................................. 7,776,000
Bill compared with:
Appropriation, fiscal year 1995..................... -328,000
Budget estimate, fiscal year 1996................... -552,000
mission
The Office of Government Ethics (OGE) provides overall
direction of executive branch policies designed to prevent
conflicts of interest and insure high ethical standards. The
OGE discharges its responsibilities to preserve and promote
public confidence in the integrity of executive branch
officials by developing rules and regulations pertaining to
conflicts of interest, post employment restrictions, standards
of conduct, and public and confidential financial disclosure in
the executive branch; by monitoring compliance with the public
and confidential financial disclosure requirements of the
Ethics in Government Act of 1978 and the Ethics Reform Act of
1989, to determine possible violations of applicable laws or
regulations and recommending appropriate corrective action; by
consulting with and assisting various officials in evaluating
the effectiveness of applicable laws and the resolution of
individual problems; by preparing formal advisory opinions,
informal letter opinions, policy memoranda, and Federal
Register entries on how to interpret and comply with the
requirements on conflicts of interest, post employment,
standards of conduct, and financial disclosure; and by issuing
and amending regulations implementing the procurement integrity
provisions relating to negotiating for employment, post
employment, and gratuities in the Office of Federal Procurement
Policy Act Amendments of 1988, P.L. 100-679.
recommendation
The Committee provides $7,776,000 for the Office of
Government Ethics, $552,000 below the request.
Office of Personnel Management
salaries and expenses
Appropriation, fiscal year 1995 to date................. $111,999,000
Budget estimate, fiscal year 1996....................... 108,572,000
Recommended in the bill................................. 85,524,000
Bill compared with:
Appropriation, fiscal year 1995..................... -26,475,000
Budget estimate, fiscal year 1996................... -23,048,000
mission
The Office of Personnel Management (OPM) is the Government
agency responsible for management of Federal human resource
policy and oversight of the merit civil service system.
Although individual agencies are increasingly responsible for
personnel operations, OPM provides a Governmentwide policy
framework for personnel matters, advises and assists agencies
(often on a reimbursable basis), and ensures that agency
operations are consistent with requirements of law, with
emphasis on such issues as veterans preference. OPM oversees
examining of applicants for employment, issues regulations and
policies on hiring, classification and pay, training,
investigations, and many other aspects of personnel management,
and operates a reimbursable training program for the
Government's managers and executives. OPM is also responsible
for administering the retirement, health benefits and life
insurance programs concerning most Federal employees, retired
Federal employees, and their survivors.
Recommendation
The Committee recommends an appropriation of $85,524,000
for the Office of Personnel Management, a $23,048,000 or 20
percent reduction from the President's request of $108,572,000.
The recommendation provides full funding for OPM's work in
personnel policy, oversight of agency compliance with merit
system principles, and oversight of its investigations
functions, but takes significant reductions from employment
services, middle management and executive direction, as well as
a few low priority offices.
The largest portion of the reduction, $19,423,000, is taken
from OPM's employment service. The Committee is concerned that
OPM is providing centralized employment services that may not
be of value to the agency or the employee. OPM currently pays,
for example, for the development and implementation of ``common
occupation'' examinations--which may not help agencies make
informed hiring decisions. To make sure that the government
only pays for necessary examinations, the Committee has
terminated direct funding for them and provided statutory
language allowing other agencies to reimburse OPM for this
service if it is necessary. Similarly, the Committee has
terminated funding for offices providing federal job
information to the public with the intent that all recruiting
costs be borne by the individual agencies.
The Committee's recommendation closes several unnecessary
or duplicative offices, including the Federal Quality Institute
($808,000), the International Affairs Office ($140,000) and the
Research Office ($2,200,000). The recommendation also achieves
savings by reducing overhead costs by eliminating regional
offices ($2,720,000), reducing executive direction ($376,000),
and not providing resources for common services for the
terminated functions ($2,605,000).
The Committee's recommendation provides $5,224,000 to fund
closeout costs.
Privatizing Investigations
The Committee supports the privatization of investigative
services in concept. The current structure, with permanent
federal employees funded through a revolving fund, does not
respond quickly to rapid market changes, as we have seen with
the rapid surge in demand in the mid-1980s and the quick
decline in the early 1990s. A private service affords the
possibility of smoother expansions and contractions.
Nevertheless, the Committee is concerned that OPM plans to
proceed too rapidly with its current efforts. The ``sole
source'' contract with former employees, for example, may not
bear scrutiny under contract protests. Also, OPM has not
completed a detailed, long-term cost-benefit analysis of the
proposal. The Committee therefore directs OPM to conduct a
cost-benefit analysis of the proposal as well as a feasibility
analysis of the employee-owned company. The Committee will
furthermore request that the General Accounting Office (GAO)
provide the Committee with analysis of the OPM submissions.
Also, the Committee has included statutory language
prohibiting OPM from initiating a reduction in force for the
program before June 30, 1996.
Federal Executive Institute
The Committee directs that no resources from the salaries
and expenses appropriation be used to fund the Federal
Executive Institute.
Federal Retirement Programs
The Committee suggests that contract employees be used to
meet the staffing needs of federal retirement programs to the
greatest extent possible.
Labor-Management Partnership Councils
The Committee is concerned about reports that labor-
management partnership councils, instituted by the
Administration by Executive Order, have excluded
representatives of non-bargaining unit employees and
organizations or associations whose membership is made up of a
majority federal professional, management, or career senior
executive employees. The Committee urges the Administration and
OPM to issue guidance to federal departments and agencies to
include all employee groups in labor-management partnership
councils. Such input and expertise will benefit the continuing
effort to reinvent government.
Presidential Management Intern Program
The Committee has included in the mark $560,000 for
continued operation of the Presidential Management Intern (PMI)
program. The Committee views this program as an important
management development tool and a core function of the Office
of Personnel Management, and supports its continued operations.
office of inspector general
Appropriation, fiscal year 1995 to date................. $4,009,000
Budget estimate, fiscal year 1996....................... 4,037,000
Recommended in the bill................................. 4,009,000
Bill compared with:
Appropriation, fiscal year 1995.....................................
Budget estimate, fiscal year 1996................... -28,000
mission
This appropriation provides agencywide audit,
investigative, evaluation, and inspection functions to identify
management and administrative deficiencies which may create
conditions for fraud, waste and mismanagement. The audits
function provides internal agency audit, insurance audit, and
contract audit services. Contract audits provide professional
advice to agency contracting officials on accounting and
financial matters regarding the negotiation, award,
administration, repricing, and settlement of contracts.
Internal audits review and evaluate all facets of agency
operations, including financial statements. Evaluation and
inspection services provide detailed technical evaluations of
agency operations. Insurance audits review the operations of
health and life insurance carriers, health care providers, and
insurance subscribers. The investigative function provides for
the detection and investigation of improper and illegal
activities involving programs, personnel, and operations.
Recommendation
The Committee provides $4,009,000, the same as the fiscal
year 1995 appropriation.
government payment for annuitants, employees health benefits
Appropriation, fiscal year 1995 to date................. $4,210,560,000
Budget estimate, fiscal year 1996....................... 3,746,337,000
Recommended in the bill................................. 3,746,337,000
Bill compared with:
Appropriation, fiscal year 1995..................... -464,223,000
Budget estimate, fiscal year 1996...................................
mission
This appropriation covers: (1) the Government's share of
the cost of health insurance for 1,735,000 annuitants as
defined in sections 8901 and 8906 of title 5, United States
Code; (2) the Government's share of the cost of health
insurance for about 14,000 annuitants (who were retired when
the Federal employees health benefits law become effective), as
defined in the Retired Federal Employees Health Benefits Act of
1960; and (3) the Government's contribution for payment of
administrative expenses incurred by the Office of Personnel
Management in administration of the act.
Recommendation
The Committee concurs with the President's request.
government payment for annuitants, employees life insurance
Appropriation, fiscal year 1995 to date................. $28,159,000
Budget estimate, fiscal year 1996....................... 32,647,000
Recommended in the bill................................. 32,647,000
Bill compared with:
Appropriation, fiscal year 1995..................... +4,488,000
Budget estimate, fiscal year 1996...................................
mission
This appropriation finances the Government's share of
premiums, which is one-third the cost, for Basic life insurance
for annuitants retiring after December 31, 1989.
Recommendation
The Committee concurs with the President's request.
payment to civil service retirement and disability fund
Appropriation, fiscal year 1995 to date................. $7,339,638,000
Budget estimate, fiscal year 1996....................... 7,945,998,000
Recommended in the bill................................. 7,945,998,000
Bill compared with:
Appropriation, fiscal year 1995..................... 606,360,000
Budget estimate, fiscal year 1996...................................
mission
This appropriation provides for payment of annuities,
including the payment of annuities under special acts for
persons employed on the construction of the Panama Canal or
their widows and widows of employees of the Lighthouse Service;
payment of government share of retirement costs financing the
current year's costs of the unfunded liability resulting from
any statute authorizing new or liberalized benefits, extension
of retirement coverage, or pay increases; transfers for
interest on unfunded liability and payment of military service
annuities covering interest on the unfunded liability and
annuity disbursements for military service; payments for spouse
equity providing survivor annuities to eligible former spouses
of annuitants who died between September 1978 and May 1986 and
did not elect survivor coverage, and; transfers for payment of
FERS supplemental liability covering annual amortization
payments financing supplemental liabilities for FERS.
general provisions-office of personnel management
Section 1. The Committee has included a new provision which
allows federal agencies to reimburse OPM for examinations for
common occupations and Administrative Law Judges.
Section 2. The Committee has included a new provision which
allows OPM to withhold state taxes for payments to annuitants.
Section 3. The Committee has included a technical amendment
which extends retirement provisions under the Federal Workforce
Restructuring Act to individuals taking delayed buyouts.
Section 4. The Committee has included a new provision that
allows the Office of Personnel Management to charge fees to
other federal agencies for the dissemination of employment
information.
Office of Special Counsel
salaries and expenses
Appropriation, fiscal year 1995 to date................. $7,955,000
Budget estimate, fiscal year 1996....................... 8,566,000
Recommended in the bill................................. 7,840,000
Bill compared with:
Appropriation, fiscal year 1995..................... -115,000
Budget estimate, fiscal year 1996................... -726,000
mission
The Office of Special Counsel: (1) investigates Federal
employee allegations of prohibited personnel practices
(including reprisal for whistleblowing) and, when appropriate,
prosecutes before the Merit Systems Protection Board; (2)
provides a channel for whistleblowing by Federal employees; and
(3) enforces the Hatch Act. The Office may transmit
whistleblower allegations to the agency head concerned and
require an agency investigation and a report to the Congress
and the President when appropriate.
The Act to Reauthorize the Office of Special Counsel and
for Other Purposes (P.L. 103-424, October 29, 1994) expanded
the Office of Special Counsel's responsibility. The Act
extended all protections of the Office to approximately 80,000
medical employees of the Department of Veterans Affairs and
whistleblower protections to certain employees of government
corporations which employ 82,000 workers.
recommendation
The Committee recommends an appropriation of $7,840,000,
assuming all of the savings contained in the President's fiscal
year 1996 request and none of the increases.
The Committee expressed its concern that two federal
agencies, the Federal Labor Relations Authority (FLRA) and the
Merit Systems Protection Board (MSPB), perform very similar
functions in adjudicating employee grievances and directed the
Administration to craft a legislative proposal to merge the
two. Although the Committee supports the separation of
adjudicatorial and prosecutorial functions, the Committee
directs that any such reorganization examine the possibility of
merging the Office of Special Counsel with the prosecutorial
functions of the FLRA.
United States Tax Court
salaries and expenses
Appropriation, fiscal year 1995 to date................. $34,039,000
Budget estimate, fiscal year 1996....................... 34,039,000
Recommended in the bill................................. 32,899,000
Bill compared with:
Appropriation, fiscal year 1995..................... -1,140,000
Budget estimate, fiscal year 1996................... -1,140,000
mission
The bulk of the Court's work is the trial and adjudication
of controversies involving deficiencies in income, estate, and
gift taxes. The Court also has jurisdiction to redetermine
deficiencies in certain excise taxes; to issue declaratory
judgments in the areas of qualification of retirement plans,
exemption of charitable organizations and the status of certain
governmental obligations; and to decide certain cases involving
disclosure of tax information by the Commissioner of Internal
Revenue.
Additional jurisdiction was conferred on the Court by the
Taxpayer Bill of Rights in 1988. The Court is authorized to
hear and decide appeals by taxpayers from decisions by the
Internal Revenue Service denying awards for reasonable
administrative costs incurred in connection with administrative
proceedings within the Internal Revenue Service. In addition,
if a timely petition for the redetermination of a deficiency is
pending before the Court, the Court is authorized to restrain
the premature assessment and collection of the disputed tax, to
review certain jeopardy assessments and jeopardy levies, and to
review the Commissioner's determination that certain seized
property may be sold notwithstanding the pendency of the
deficiency action. Finally, the court is authorized to enforce
its decisions determining overpayments in taxpayers' favor, to
resolve disputes involving interest on deficiencies which were
previously the subject of disputes before the Court, and to
modify decisions in estate tax cases involving certain payment
extensions.
recommendation
The Committee recommends $32,899,000 for the Tax Court
appropriation; a $1,140,000 reduction from the request.
TITLE V--GENERAL PROVISIONS
This Act
Section 501. The Committee has continued this provision
prohibiting the establishment of offices outside the District
of Columbia unless certain criteria is met.
Section 502. The Committee has continued this provision
limiting the expenditure of funds to the current year unless
expressly provided in the Act.
Section 503. The Committee has continued this provision
limiting the expenditure of funds for consulting services under
certain conditions.
Section 504. The Committee has continued this provision
regarding employment of certain categories of Federal
employees.
Section 505. The Committee has continued this provision
prohibiting the use of funds to engage in activities which
would prohibit the enforcement of section 307 of the 1930
Tariff Act.
Section 506. The Committee has continued this provision
prohibiting the transfer of control over the Federal Law
Enforcement Training Center.
Section 507. The Committee has continued this provision
prohibiting the use of funds for certain propaganda purposes.
Section 508. The Committee has continued this provision
prohibiting the use of funds appropriated in this Act from
being used to prevent certain Federal employees from contacting
their Congressman.
Section 509. The Committee has continued this provision
providing funds in this Act shall be available as authorized by
title 5, U.S.C., sections 4501-4506.
Section 510. The Committee has continued this provision
authorizing donations of supplies and equipment to the Federal
Executive Institute.
Section 511. The Committee has continued this provision
authorizing the Secret Service to accept certain donations
regarding protection of former Presidents.
Section 512. The Committee has continued this provision
prohibiting the withdrawal of the designation of Front Royal,
Virginia as a Customs Service Port of Entry.
Section 513. The Committee has continued this provision
concerning employment rights of Federal employees who return to
their civilian jobs after assignment with the Armed Forces.
Section 514. The Committee has continued this provision
prohibiting the use of funds to provide any non-public mailing
lists to any person or organization outside of the Federal
Government.
Section 515. The Committee has continued this provision
concerning compliance with Buy American Act.
Section 516. The Committee has continued this provision
concerning prohibition of contracts which use certain goods not
made in America.
Section 517. The Committee continued this provision
concerning prohibition of contracts.
Section 518. The Committee has continued this provision
which provides that fifty percent of unobligated balances may
remain available for certain purposes.
Section 519. The Committee has continued this provision
prohibiting any increases in the travel object classification
for any agency funded in this act without the prior approval of
the Committee on Appropriations.
Section 520. The Committee has continued this provision
specifying the authority of the special police officers of the
Bureau of Engraving and Printing in the Washington, D.C.
Metropolitan area.
Section 521. The Committee has included a new provision
establishing the rate of pay for the Chief of Police of the
Bureau of Engraving and Printing.
Section 522. The Committee has included a new provision
establishing a revolving fund for the U.S. Mint.
Section 523. The Committee has included a new provision
making a technical correction to section 531 of Public Law 103-
329.
Section 524. The Committee has included a new provision
prohibiting funds in this act to be used for abortions.
Section 525. The Committee has included a new provision
providing that Section 524 will not apply when the life of the
mother would be endangered.
Section 526. The Committee has included a new provision
concerning Tax Systems Modernization.
Section 527. The Committee has included a new provision for
the relief of certain weekly periodical publications, primarily
a handful of suburban or metropolitan community newspapers,
that have been adversely affected by a 1989 mail classification
regulation designed to control the inclusion of loose
supplements in magazines and similar publications. This measure
is intended to ``grandfather'' the affected newspapers, by
permitting them to continue to utilize their two-staple format
without being subject to the supplement rules designed for
magazines and similar bound publications.
Section 528. The Committee includes a new provision which
limits training funds to topics that meet identified needs for
knowledge, skills and abilities bearing directly upon the
performance of official duties.
Section 529. The Committee has continued this provision
prohibiting the use of funds to take adverse action against an
employee of the Bureau of the Public Debt under certain
circumstances, amended to cut off the effect of the provision
on February 15, 1996.
TITLE VI--GOVERNMENTWIDE GENERAL PROVISIONS
Departments, Agencies, and Corporations
Section 601. The Committee has continued this provision
authorizing agencies to pay travel costs of the families of
Federal employees to foreign duty to return to the United
States in the event of death or a life threatening illness of
the employee.
Section 602. The Committee has continued this provision
requiring agencies to administer a policy designed to ensure
that all of its workplaces are free from the illegal use of
controlled substances.
Section 603. The Committee has continued this provision
authorizing reimbursement for travel, transportation, and
subsistence expenses incurred for training classes,
conferences, or other meetings in connection with the provision
of child care services to Federal employees.
Section 604. The Committee has continued this provision
regarding price limitations on vehicles to be purchased by the
Federal Government.
Section 605. The Committee has continued this provision
allowing funds made available to agencies for travel to also be
used for quarters allowances and cost-of-living allowances.
Section 606. The Committee has continued this provision
prohibiting the Government, with certain specified exceptions,
from employing non-U.S. citizens whose posts of duty would be
in the continental U.S.
Section 607. The Committee has continued this provision
ensuring that agencies will have authority to pay the General
Services Administration bills for space renovation and other
services.
Section 608. The Committee has continued this provision
allowing agencies to finance the costs of recycling and waste
prevention programs with proceeds from the sale of materials
recovered through such programs.
Section 609. The Committee has continued this provision
providing that funds may be used to pay rent and other service
costs in the District of Columbia.
Section 610. The Committee has continued this provision
restricting the President's recess appointment power.
Section 611. The Committee has continued this provision
authorizing agencies with delegated authority to make direct
expenditures to operate, maintain, and repair its facilities
using funds otherwise available to make rental payments to GSA.
Section 612. The Committee has continued this provision
allowing agencies to use foreign currency (for which the
Treasury is to be reimbursed) to carry out any program that the
agency is authorized to carry out under its dollar
appropriation.
Section 613. The Committee has continued this provision
precluding the financing of groups by more than one Federal
agency absent prior and specific statutory approval.
Section 614. The Committee has continued this provision
authorizing the Postal Service to employ guards and given them
the same special police powers as GSA guards.
Section 615. The Committee has continued this provision
prohibiting the use of funds for enforcing regulations
disapproved in accordance with the applicable law of the United
States.
Section 616. The Committee has continued this provision
limiting the pay increases of certain prevailing rate
employees.
Section 617. The Committee has continued this provision
limiting the amount of funds that can be used for redecoration
of offices under certain circumstances.
Section 618. The Committee has continued this provision
prohibiting the expenditure of funds for the acquisition of
additional law enforcement training facilities without the
advance approval of the Committees on Appropriations.
Section 619. The Committee has continued this provision
prohibiting the use of grant funds for the acquisition of goods
or services unless certain announcement criteria is met.
Section 620. The Committee has continued this provision
permitting interagency funding of national security and
emergency preparedness telecommunications initiatives, which
benefit multiple Federal departments, agencies, and entities.
Section 621. The Committee has continued this provision
permitting telecommunications support for the work-at-home and
telecommuting program under guidelines issued by the Office of
Personnel Management. The Committee has amended this provision
to make it permanent law.
Section 622. The Committee has continued this provision
requiring agencies to certify that a Schedule C appointment was
not created solely or primarily to detail the employee to the
White House.
Section 623. The Committee has continued this provision
requiring agencies to administer a policy designed to ensure
that all of its workplace are free from discrimination and
sexual harassment.
Section 624. The Committee has continued this provision
prohibiting the use of funds for travel expenses not directly
related to official governmental duties.
Section 625. The Committee has continued this provision
requiring the President to certify that persons responsible for
administering the Drug Free Workplace Program are not
themselves the subject of random drug testing.
Section 626. The Committee has included a new provision
authorizing agencies to retain half of the money they receive
as a result of participating in energy and water conservation
activities.
Section 627. The Committee has included a new provision
establishing the Commission on Federal Mandates.
fts 2000
The Committee recognizes and supports the 10-year contract
for FTS 2000 program. This was awarded on a competitive bid
basis and has consequently saved the taxpayers significant
dollars. However, the Committee believes that the Brooks Act
and the existing contract are sufficient and that further
legislative language is superfluous. Therefore the bill deletes
reference to FTS 2000. The Committee is satisfied that the
existing contract is working as intended and does not wish to
disrupt the contract.
commission on federal mandates
The Committee has included a provision (Sec. 627) which
establishes a Commission on Federal Mandates to review and
report on federal mandates as required by Public Law 104-4, the
Unfunded Mandates Reform Act of 1995. The membership of the
Commission shall included a total of 9 individuals with
extensive leadership experience in and knowledge of State,
local and tribal government and intergovernmental relations,
including State and local elected officials.
Appropriations Can Be Used Only for the Purposes for Which Made
Title 31 of the United States Code makes clear that
appropriations can be used only for the purposes for which they
were appropriated as follows:
Section 1301. Application.
(a) Appropriations shall be applied only to the objects for
which the appropriations were made except as otherwise provided
by law.
Compliance With House Rules
definition of ``program project and activity'' as provided for by
public law 99-177, the balanced budget and emergency deficit control
act of 1985
During fiscal year 1996, for purposes of the Balanced
Budget and Emergency Deficit Control Act of 1985 (Public Law
99-177), the following information provides the definition of
the term ``program, project and activity'' for departments and
agencies under the jurisdiction of the Treasury, Postal Service
and General Government Subcommittee. The term ``program,
project and activity'' shall include the most specific level of
budget items identified in the Treasury, Postal Service, and
General Government Appropriations Act, 1987 as passed the House
including the House Report which accompanies that Act. (Under
the above definition, the Federal Building Fund, the Bureau of
Engraving and Printing Fund and other intragovernmental funds
are exempt under section 255(g)(1) of Public Law 99-177.)
Full Committee Votes
Pursuant to the provisions of clause 2(a)(2)(b) of rule XI
of the House of Representatives, the results of each roll call
vote on an amendment or on the motion to report, together with
the names of those voting for and those voting against are
printed below:
rollcall no. 1
Date: July 11, 1995.
Measure: Treasury, Postal Service appropriations bill, FY
1996.
Motion by: Mr. Durbin.
Description of Motion: Amendment to the report language
amendment of Mr. Lightfoot on relief from Federal firearms
disabilities.
Result: Adopted 24 to 17.
Members Voting Yea Members voting Nay
Mr. Bevill Mr. Bunn
Mr. Bonilla Mr. Hobson
Mr. Coleman Mr. Istook
Mr. Dixon Mr. Kingston
Mr. Durbin Mr. Knollenberg
Mr. Fazio Mr. Kolbe
Mr. Forbes Mr. Lighfoot
Mr. Frelinghuysen Mr. Livingston
Mr. Hoyer Mr. McDade
Mrs. Lowey Mr. Neumann
Mr. Miller Mr. Packard
Mr. Mollohan Mr. Riggs
Mr. Murtha Mr. Rogers
Mr. Nethercutt Mr. Taylor
Mr. Obey Mrs. Vucanovich
Ms. Pelosi Mr. Walsh
Mr. Porter Mr. Wicker
Mr. Sabo
Mr. PSkaggs
Mr. Thornton
Mr. Torres
Mr. Visclosky
Mr. Wolf
Mr. Young
rollcall no. 2
Date: July 11, 1995.
Measure: Treasury, Postal Service appropriations bill, FY
1996.
Motion by: Mr. Hoyer.
Description of motion: To restore funding for the Council
of Economic Advisers to the requested levels.
Results: Rejected: 16 to 28.
Members Voting Yea Members Voting Nay
Mr. Bevill Mr. Bonilla
Mr. Coleman Mr. Bunn
Mr. Dicks Mr. Dickey
Mr. Dixon Mr. Forbes
Mr. Fazio Mr. Felinghuysen
Mr. Hoyer Mr. Hobson
Ms. Kaptur Mr. Istook
Mrs. Lowey Mr. Kingston
Mr. Mollohan Mr. Knollenberg
Mr. Murtha Mr. Kolbe
Mr. Obey Mr. Lewis
Mr. Sabo Mr. Lightfoot
Mr. Skaggs Mr. Livingston
Mr. Thornton Mr. McDade
Mr. Torres Mr. Miller
Mr. Vosclosky Mr. Myers
Mr. Nethercutt
Mr. Neumann
Mr. Packard
Mr. Porter
Mr. Riggs
Mr. Rogers
Mr. Toylor
Mr. Vucanovich
Mr. Walsh
Mr. Wicker
Mr. Wolf
Mr. Young
rollcall no. 3
Date: July 11, 1995.
Measure: Treasury, Postal Service appropriations bill, FY
1996.
Motion by: Mr. Hoyer.
Description of motion: To delete two general provisions
that preclude funding of abortions in connection with any
health benefit plan for Federal employees.
Results: Rejected: 19 to 24.
Members Voting Yea Members Voting Nay
Mr. Bonilla Mr. Bunn
Mr. Chapman Mr. DeLay
Mr. Coleman Mr. Forbes
Mr. Dicks Mr. Hobson
Mr. Durbin Mr. Istook
Mr. Fazio Mr. Kingston
Mr. Frelinghuysen Mr. Knollenberg
Mr. Hefner Mr. Lewis
Mr. Hoyer Mr. Lightfoot
Mr. Kolbe Mr. Livingston
Mrs. Lowey Mr. McDade
Mr. Obey Mr. Mollohan
Ms. Pelosi Mr. Murtha
Mr. Porter Mr. Nethercutt
Mr. Sabo Mr. Neumann
Mr. Skaggs Mr. Packard
Mr. Thornton Mr. Regula
Mr. Torres Mr. Riggs
Mr. Visclosky Mr. Skeen
Mr. Taylor
Mrs. Vucanovich
Mr. Walsh
Mr. Wicker
Mr. Young
rollcall no. 4
Date: July 12, 1995.
Measure: Treasury, Postal Service appropriations bill, FY
1996.
Motion by: Mr. Hoyer.
Description of motion: To authorize collection of taxes in
the manner prescribed in H.R. 1535, which provides tax rules on
expatriation.
Results: Rejected: 16 to 25.
Members Voting Yea Members Voting Nay
Mr. Bevill Mr. Bonilla
Mr. Coleman Mr. Bunn
Mr. Durbin Mr. Callahan
Mr. Fazio Mr. Dickey
Mr. Foglietta Mr. Forbes
Mr. Hobson Mr. Frelinghuysen
Mr. Hoyer Mr. Kingston
Mrs. Lowey Mr. Knollenberg
Mr. Murtha Mr. Kolbe
Mr. Neumann Mr. Lewis
Mr. Obey Mr. Lightfoot
Ms. Pelosi Mr. Livingston
Mr. Sabo Mr. McDade
Mr. Thornton Mr. Nethercutt
Mr. Torres Mr. Packard
Mr. Visclosky Mr. Regula
Mr. Rogers
Mr. Skaggs
Mr. Skeen
Mr. Taylor
Mrs. Vucanovich
Mr. Walsh
Mr. Wicker
Mr. Wolf
Mr. Young
Transfer of Funds
Pursuant to clause 1(b), rule X of the House of
Representatives, the following table is submitted describing
the transfer of funds provided in the accompanying bill.
The table shows, by title, department and agency, the
appropriations affected by such transfers.
APPROPRIATION TRANSFERS RECOMMENDED IN THE BILL
------------------------------------------------------------------------
Account to which Account from which
transfer is to be Amount transfer is to be Amount
made made
------------------------------------------------------------------------
State and local $52,000,000 Federal Drug $52,000,000
entities. Programs--HIDTA.
Personnel $102,536,000 Trust fund of the 102,536,000
Management. Office of
Personnel
Management.
Inspector General, 4,009,000 Appropriate Trust 4,009,000
OPM. Funds.
Merit Systems 2,430,000 Civil service 2,430,000
Protection Board. retirement and
disability fund.
------------------------------------------------------------------------
Rescission of Funds
In compliance with clause 1(b) of rule X of the House of
Representatives, the Committee reports that it recommends no
rescissions in the bill, as reported.
Compliance With Rule XI, Clause 9(l)(4)
inflationary impact statement
Pursuant to clause 2(l)(4), rule XI of the House of
Representatives, the Committee estimates that enactment of this
bill would have minimal overall inflationary impact on prices
and costs in the operation of the national economy.
The total amount recommended in the bill is about $468
million less than the total amount appropriated for these same
agencies for fiscal year 1995 and about $1.7 billion than
proposed in the President's budget request for 1996.
five year projections
In compliance with section 308(1)(C) of the Congressional
Budget Act of 1974 (Public Law 93-344), as amended, the
following table contains five-year projections associated with
the budget authority provided in the accompanying bill:
Outlays: In millions
Budget authority.................................... $23,315
Fiscal year 1996.................................... 20,577
Fiscal year 1997.................................... 2,039
Fiscal year 1998.................................... 420
Fiscal year 1999.................................... 192
Fiscal year 2000 and future years................... 129
Compliance With Rule XIII, Clause 3
(ramseyer rule)
In compliance with clause 3, rule XIII of the House of
Representatives, changes in existing law made by the bill, as
reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new matter is printed in
italic, existing law in which no change is proposed is shown in
roman):
Section 6 of the General provisions-General Services
Administration, of Title III, Independent Agencies, amends
Public Law 103-329, 108 Stat 2400, by repealing language as
follows:
Between the funds appropriated and expended on any projects
in this or any prior Act, under the heading ``Repairs and
Alterations'', * * * for the Food and Drug Administration
consolidation may be used for necessary infrastructure
improvements: [Provided further, That of the $6,000,000 made
available in Public Laws 102-93 and 103-123 for the
acquisition, lease, construction and equipping of flexiplace
work telecommuting centers, not to exceed $1,300,000 shall be
available for payment to a public entity in the State of
Maryland to provide facilities, equipment and other services to
the General Services Administration for purposes of
establishing telecommuting work centers in Southern Maryland
(Waldorf, Prince Frederick, and St. Mary's County) for use by
government agencies designated by the Administrator of General
Services:] Provided further, That for the purposes of this
authorization, buildings constructed pursuant to the purchase
contract authority of the Public Buildings Amendments of 1972
(40 U.S.C. 602a), buildings occupied pursuant to installment
purchase contracts, and buildings under the control of another
department or agency * * *
Section 1 of the General Provisions-Office of Personnel
Management, of Title III, Independent Agencies, amends Title 5
USC as follows:
Sec. 1104. Delegation of authority for personnel management
(a) Subject to subsection (b)(3) of this section--
(1) the President may delegate, in whole or in part,
authority for personnel management functions, including
authority for competitive examinations, to the Director
of the Office of Personnel Management; and
(2) the Director may delegate, in whole or in part,
any function vested in or delegated to the Director,
including authority for competitive examinations
[(except competitive examinations for administrative
law judges appointed under section 3105 of this title)]
to the heads of agencies in the executive branch and
other agencies employing persons in the competitive
service[;].
[except that the Director may not delegate authority for
competitive examinations with respect to positions that have
requirements which are common to agencies in the Federal
Government, other than in exceptional cases in which the
interests of economy and efficiency require such delegation and
in which such delegation will not weaken the application of the
merit system principles.]
(b)(1) The Office shall establish standards which shall
apply to the activities of the Office or any other agency under
authority delegated under subsection (a) of this section.
(2) The Office shall establish and maintain an oversight
program to ensure that activities under any authority delegated
under subsection (a) of this section are in accordance with the
merit system principles and the standards established under
paragraph (1) of this subsection.
(3) Nothing in subsection (a) of this section shall be
construed as affecting the responsibility of the Director to
prescribe regulations and to ensure compliance with the civil
service laws, rules, and regulations.
(c) If the Office makes a written finding, on the basis of
information obtained under the program established under
subsection (b)(2) of this section or otherwise, that any action
taken by an agency pursuant to authority delegated under
subsection (a)(2) of this section is contrary to any law, rule,
or regulation, or is contrary to any standard established under
subsection (b)(1) of this section, the agency involved shall
take any corrective action the Office may require.
``(4) At the request of the head of an agency to whom a
function has been delegated under subsection (a)(2), the Office
may provide assistance to the agency in performing such
function. Such assistance shall, to the extent determined
appropriate by the Director of the Office, be performed on a
reimbursable basis through the revolving fund established under
section 1304(e).''
Section 2 of General Provisions--Office of Personnel
Management, Title III, Independent Agencies, amends Title 5 as
follows:
Sec. 8348. Civil Service Retirement and Disability Fund
(a) There is a Civil Service Retirement and Disability
Fund. The Fund--
(1) is appropriate for the payment of--
(A) benefits as provided by this subchapter
or by the provisions of chapter 84 of this
title which relate to benefits payable out of
the Fund; and
(B) administrative expenses incurred by the
Office of Personnel Management in placing in
effect each annuity adjustment granted under
section 8340 or 8462 of this title, in
administering survivor annuities and elections
providing therefor under sections 8339 and 8341
of this title or subchapters II and IV of
chapter 84 of this title, in administering
alternative forms of annuities under sections
8343a and 8420a (and related provisions of
law), [and in withholding taxes pursuant to
section 3405 of title 26] and in providing
withholding and related services to annuitants
under this sub-chapter and chapter 84;
(2) is made available, subject to such annual
limitation as the Congress may prescribe, for any
expenses incurred by the Office in connection with the
administration of this chapter, chapter 84 of this
title, and other retirement and annuity statutes; and
(3) is made available, subject to such annual
limitation as the Congress may prescribe, for any
expenses incurred by the Merit Systems Protection Board
in the administration of appeals authorized under
sections 8347(d) and 8461(e) of this title.
Section 3 of General Provisions--Office of Personnel
Management, Title III, Independent Agencies, amends Public Law
103-226, 108 Stat. 111 as follows:
SEC. 4. ADDITIONAL AGENCY CONTRIBUTIONS TO THE RETIREMENT FUND.
(A) Relating to [Fiscal Years 1994 and 1995] Voluntary
Separation Incentive Payments.--
(1) In general.--In addition to any other payments
which it is required to make under subchapter III of
chapter 83 of title 5, United States Code, an agency
shall remit to the Office of Personnel Management for
deposit in the Treasury of the United States to the
credit of the Civil Service Retirement and Disability
Fund an amount equal to 9 percent of the final basic
pay of each employee of the agency--
(A) who, on or after the date of enactment of
this Act [and before October 1, 1995], retires
under section 8336(d)(2) of such title; and
Section 4 of the General Provisions--Office of Personnel
Management, of Title III, Independent Agencies, amends Title 5
U.S.C. as follows:
Sec. [3329.\3\] 3330. Government-wide list of vacant positions
(a) For the purpose of this section, the term ``agency''
means an Executive agency, excluding the General Accounting
Office and any agency (or unit thereof) whose principal
function is the conduct of foreign intelligence or counter-
intelligence activities, as determined by the President.
(b) The Office of Personnel Management shall establish and
keep current a comprehensive list of all announcements of
vacant positions in the competitive service within each agency
that are to be filled by appointment for more than one year and
for which applications are being (or will soon be) accepted
from outside the agency's work force.
(c) Included for any position listed shall be--
(1) a brief description of the position, including
its title, tenure, location, and rate of pay;
(2) application procedures, including the period
within which applications may be submitted and
procedures for obtaining additional information; and
(3) any other information which the Office considers
appropriate.
(d) The list shall be available to members of the public.
(e) The Office shall prescribe such regulations as may be
necessary to carry out this section. Any requirement under this
section that agencies notify the Office as to the availability
of any vacant positions shall be designed so as to avoid any
duplication of information otherwise required to be furnished
under section 3327 of this title or any other provision of law.
(f) The Office may, to the extent it determines
appropriate, charge such fees to agencies and applicants for
services provided under this section and for related Federal
employment information. The Office shall retain such fees to
pay costs of providing such services and information.
Section 521 of Title V, General Provisions--This Act,
amends 5 U.S.C. 5378 as follows:
Sec. 5378. Police forces of the Bureau of Engraving and Printing and
the United States Mint
(a) The Secretary of the Treasury shall fix the rates of
basic pay for positions within the police forces of the Bureau
of Engraving and Printing and the United States Mint in
accordance with the following:
(1) Entry-level police officer--not more than the
maximum rate payable for GS-6.
(2) Journeyman-level police officer--not more than
the maximum rate payable for GS-7.
(3) Corporal--not more than the maximum rate payable
for GS-8.
(4) Sergeant--not more than the maximum rate payable
for GS-9.
(5) Lieutenant--not more than the maximum rate
payable for GS-10.
(6) Deputy Inspector--not more than the maximum rate
payable for GS-11.
(7) Inspector--not more than the maximum rate payable
for GS-12.
(8) Chief--not more than the maximum rate payable for
GS-14.
(b) For purposes of this section, the term ``police forces
of the Bureau of Engraving and Printing and the United States
Mint'' means the employees of the Department of the Treasury
who are appointed, under the authority of the Secretary of the
Treasury, as police officers for the protection of the Bureau
of Engraving and Printing and the United States Mint buildings
and property.
Section 523 of Title V, General Provisions--This Act,
amends Public Law 103-329 as follows:
Sec. 531. The Act entitled ``An Act to provide retirement,
clerical assistants, and free mailing privileges to former
Presidents of the United States, and for other purposes'',
approved August 25, 1958 (Public Law 85-745; 72 Stat. 838; 3
United States Code 102 note), is amended by adding at the end
of the first section thereof the following new subsection:
``(g) There are authorized to be appropriated to the
Administrator of General Services up to $1,000,000 for each
former President and up to $500,000 for the spouse of each
former President each fiscal year for security and travel
related expenses: Provided, That under the provisions set forth
in section 3056, paragraph (a), subparagraph (3) of title 18,
United States Code, the former President and/or spouse was not
receiving protection for a lifetime provided by the United
States Secret Service under section 3056 paragraph (a)
subparagraph (3) of title 18, United States Code; the
protection provided by the United States Secret Service expired
at its designated time; or the protection provided by the
United States Secret Service was declined prior to authorized
expiration in lieu of these funds.''.
Financial Assistance to State and Local Governments
In accordance with section 308(a)(1)(D) of the
Congressional Budget Act of 1974 (Public Law 93-344), as
amended, the financial assistance to state and local
governments are as follows:
In millions
New budget authority.................................... $0
Fiscal year 1996 outlays resulting therefrom............ 0
Comparison with Budget Resolution
Section 308(a)(1)(A) of the Congressional Budget and
Impoundment Control Act of 1974 (Public Law 93-344), as
amended, requires that the report accompanying a bill providing
new budget authority contain a statement detailing how the
authority compares the reports submitted under section 602(b)
of the Act for the most recently agreed to concurrent
resolution on the budget for the fiscal year. This information
follows:
------------------------------------------------------------------------
602(b) allocation This bill
---------------------------------------------------
Budget Budget
authority Outlays authority Outlays
------------------------------------------------------------------------
Discretionary:
General purposes 11,362 11,750 11,362 11,871
Violent Crime
Trust Fund..... 64 55 64 55
Total
discretionary 11,426 11,805 11,426 11,926
Mandatory........... 11,555 11,553 11,655 11,652
------------------------------------------------------------------------
Note.--The amount included in this bill as shown above does not include
estimates of the effect of H.R. 1944. The Emergency Supplemental
Appropriations and Rescissions Bill for FY 1995. The estimates were
not included since H.R. 1944 had not received final Congressional
approval at the time this report was filed. If H.R. 1944 is approved,
the amount scored to this bill will change and the new amount will be
within the 602(b) subdivision.
The bill provides no new spending authority as described in
section 401(c)(2) of the Congressional Budget and Impoundment
Control Act of 1974 (Public Law 93-344), as amended.
Compliance With Rule XXI, Clause 3
In compliance with rule XXI, clause 3, the Committee has
inserted at the appropriate place in the report a description
of the effects of provisions proposed in the accompanying bill
which may be considered, under certain circumstance, to change
the application of existing law, either directly or indirectly.
The bill provides, in some instances, for funding of
agencies and activities where legislation has not yet been
finalized (U.S. Customs Services, the Office of Information and
Regulatory Affairs in the Office of Management and Budget,
Federal Law Enforcement Training Center, Office of Special
Counsel, and the Federal Election Commission). In addition, the
bill carries language, in some instances, permitting activities
not authorized by law, or exempting agencies from certain
provisions of law, but which has been carried in appropriations
acts for many years.
In title IV of the bill, in connection with the General
Services Administration, certain limitations on availability of
revenue in the Federal Buildings Fund and certain legislative
provisions have been carried forward from last year. The
Committee has included a provision requiring approval by the
Appropriations Committee of additional repair and alternation
projects, as well as several additional general provisions.
The bill continues a number of general provisions applying
to agencies covered by the bill as well as certain provisions
applying Government-wide. These provisions have been carried in
the prior year appropriations bill, and a number of them have
been carried for many years.
TITLE I--DEPARTMENT OF THE TREASURY
The Committee has continued language which provides funds
for operation and maintenance of the Treasury Building and
Annex, hire of passenger motor vehicles; maintenance, repairs,
and improvements of, and purchase of commercial insurance
policies for real properties leased or owned overseas; official
travel expenses, official reception and representation
expenses, international affairs functions, information
technology modernization requirements unforeseen emergencies of
a confidential nature, repairs improvements to the Main
Treasury Building and Annex.
Office of Inspector General
The Committee has continued language which provides funds
to carry out the provisions of the Inspector General Act of
1978, the hire of vehicles, official travel expenses, and
unforeseen emergencies.
Financial Crimes Enforcement Network
The Committee has continued language which provides funds
for hire of vehicles and official reception and representation
expenses. The Committee has included language allowing FinCEN
to use appropriated resources for official reception and
representation; the travel of non-federal personnel attending
conferences or meetings involving financial law enforcement;
the purchase of personal services contracts; and the
procurement of cutting edge technologies in an expedited
fashion, provided that total expenditures do not exceed
$500,000.
Federal Law Enforcement Training Center
The Committee has continued language which provides funds
for material and support costs of basic training, the hire of
vehicles, student athletic and related activities, uniform
purchases, conducting and or participating in firearms matches,
community relations for U.S. Postal Service law enforcement
personnel and State and local law enforcement training,
acceptance of gifts, training of private sector security
officials on a reimbursable space available basis, travel
expenses of non-federal personnel to attend State and local
course development meetings at the Center, the establishment of
a fund to provide gifts for certain honor graduate students,
directs the Director to present certain awards, allows for the
provision of short term medical services for students
undergoing training.
Authorization for the Federal Law Enforcement Training
Center has not been enacted as of the date of this report.
Federal Law Enforcement Training Center
acquisition, construction, improvements, and related expenses
The Committee has continued language for construction,
repair, and other expenses to remain available until expended.
Financial Management Service
The Committee has continued language which provides funds
to remain available until expended for systems modernization.
Bureau of Alcohol, Tobacco and Firearms
The Committee has continued language which provides funds
for the purchase of vehicles, the hire of aircraft the services
of expert witnesses, the payment of per diem and/or subsistence
allowances for the National Response Team, official reception
and representation expenses, for training of State and local
law enforcement agencies, the provision of laboratory
assistance to State and local agencies, enforcement of the
Federal Alcohol Administration Act, the payment of attorney's
fees, the equipping of certain vessels, vehicles, equipment or
aircraft, and provides no funds shall be used to reorganize ATF
or consolidate or centralize the records pertaining to firearms
licenses, and prohibits the expenditure of resources on
applications for relief from Federal firearms disabilities by
individuals prohibits changes to the CFR without publishing
prior notice.
United States Customs Service
The Committee has continued language which provides funds
for the hire of vehicles, official reception and representation
expenses, compensation to informers, rental space for pre-
clearance operations, part-time and temporary positions, and
uniforms.
Authorization for the Customs Service has not been enacted
as of the date of this report.
harbor maintenance fee collection
The Committee has included language relating to the use of
collection of the Harbor Maintenance Fee pursuant to Public Law
103-182.
air and marine interdiction programs
The Committee has continued language which provides funds
for operation and maintenance of marine vessels, aircraft and
equipment, training, travel, rental payments.
customs service at small airports
The Committee has continued language which provides funds
for the provision of Customs services at certain small airports
and provides that the funds may remain available until
expended.
Bureau of the Public Debt
The Committee has continued language which provides funds
for expenses associated with public debt issues.
Internal Revenue Service
processing, assistance, and management
The Committee has merged the former ``Administration and
Management'' appropriation and the ``Processing Tax Returns and
Assistance'' appropriation to provide funds for the direction,
management, audit, security, purchase and hire of vehicles,
services authorized by 5 USC, official reception and
representation expenses, research processing tax returns,
accounting, developing statistics of income, taxpayer
assistance, hire of vehicles, services authorized by 5 USC, and
tax counseling for the elderly.
tax law enforcement
The Committee has continued language which provides funds
for determining and establishing tax liabilities, tax and
enforcement litigation, technical rulings, examining employee
plans and exempt organizations, investigations, securing tax
returns, collection, purchase and hire of vehicles, services
authorized by 5 USC, and establishes a program to utilize
private sector debt collection agencies.
information systems
The Committee has continued language which provides funds
for data processing and telecommunications support, the hire of
vehicles, services authorized by 5 USC, sets a minimum funding
level for tax systems modernization, provides that certain
funds shall remain available until expended and prohibits the
expenditure of funds for tax systems modernization until
certain conditions are met.
Administrative Provisions--Internal Revenue Service
Section 1. The Committee has continued this provision
allowing 2 percent of the funds available to the IRS to be
transferred to other IRS operations with the advance approval
of Congress.
Section 2. The Committee has continued this provision which
institutes and maintains a training program in taxpayers'
rights and cross-cultural relations.
United States Secret Service
The Committee has continued language which provides funds
for the hire of aircraft, training and assistance requested by
State and local governments, services of expert witnesses,
rental of certain buildings, improvements to buildings as may
be necessary for protective functions, conducting of firearms
matches, presentation of awards, travel of employees on
protective missions, uniforms, research, and reimbursement for
protection as authorized by law.
violent crime reduction program
The Committee has included language which provides funds
for activities by Public Law 103-322 to be derived from the
Violent Crime Reduction Trust Fund.
Department of the Treasury--General Provisions
Section 101. The Committee has continued a provision which
requires the Secretary of the Treasury to comply with certain
reprogramming guidelines when obligating or expending funds for
law enforcement activities.
Section 102. The Committee has continued a provision which
allows the Department of Treasury to purchase uniforms,
insurance, motor vehicles without regard to the general
purchase price limitation, and enter into contract with the
State Department for health and medical services for Treasury
employees in overseas locations.
Section 103. The Committee has continued a provision which
allows two percent of the funds available to the Treasury
Department to be transferred between Treasury accounts with the
advance approval of the House and Senate Committees on
Appropriations.
Section 104. The Committee has continued a provision which
restricts the use of funds appropriated to the IRS if employees
are not in compliance with the Fair Debt Collection Practices
Act. The Committee has modified this provision by adding the
requirement that private sector employees under contract to the
IRS must also comply with the Fair Debt Collection Practices
Act.
Section 105. The Committee has continued a provision which
mandates the IRS institute policies and procedures which
safeguard the confidentiality of taxpayer information.
Section 106. The Committee has continued a provision which
requires expenditure of funds so as not to diminish efforts
under the Federal Alcohol Administration Act.
TITLE II--POSTAL SERVICE
Payment to the Postal Service Fund
The Committee has continued language which prohibits funds
made available to the postal Service from being used to close
or consolidate certain post offices, from charging employees of
local and child support agencies, provides funds for free mail
for the blind, and for six day mail delivery and rural delivery
of mail at existing levels.
TITLE III--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO
THE PRESIDENT
Compensation of the President
The Committee has continued language which mandates that
unused amounts of the President's expense allowance will revert
to the Treasury and not be taxable to the President.
The White House Office
The Committee has continued language which provides funds
for service authorized by 5 USC, subsistence expenses, hire of
vehicles, newspapers, periodicals, teletype news service,
travel, and official entertainment expenses.
Executive Residence at the White House
The Committee has continued languages which provides funds
for operation and maintenance of the White House for official
entertainment expenses.
Official Residence of the Vice President
The Committee has included language which provides funds
for operation and maintenance of the official residence of the
Vice President, the hire of vehicles, official entertainment
expenses and provides for the transfer of funds as necessary.
Special Assistance to the President
The Committee has continued language which enables the Vice
President to provide assistance to the President, services
authorized by 5 USC, subsistence, and the hire for vehicles.
Office of Policy Development
The Committee has continued language which provides funds
for expenses of the Office.
National Security Council
The Committee has continued language which provides funds
for expenses of the Council and directs a transfer of funds to
AID.
Office of Administration
The Committee has continued language which provides funds
for expenses of the Office and the hire of vehicles.
Office of Management and Budget
The Committee has continued language which limits
expenditures for various offices and functions within OMB;
provides funds for expenses, the hire of vehicles, carrying out
provisions of 44 USC, directs that funds shall be applied only
to items for which appropriations were made, prohibits the
review of agricultural marketing orders and the alteration of
certain testimony.
Office of National Drug Control Policy
The Committee has continued language which provides funds
for expenses, research, official reception and representation
expenses, participation in joint projects, the Counter-Drug
Technology Assessment Center, and allows for the acceptance of
gifts.
unanticipated needs
The Committee has continued language which provides funds
for expenses of the President.
federal drug control programs--high intensity drug trafficking areas
program
The Committee has continued language with provides a
certain level of funding for drug control activities in High
Intensity Drug Trafficking Areas Program, directs that a
certain level of funding be used for State and local drug
control efforts, and directs the obligation of funds.
TITLE IV--INDEPENDENT AGENCIES
Commission for Purchase from People Who Are Blind or Severely Disabled
The Committee has continued language which provides funds
for expenses of the Committee.
Federal Election Commission
The Committee has continued language which provides funds
for expenses of the Commission and specifying a level of
funding for processing and prohibiting the expenditure of funds
on ADP until certain requirements are met.
Federal Labor Relations Authority
The Committee has continued language which provides funds
for expenses of the Authority.
General Services Administration
federal building fund
The Committee has continued language dealing with the
conditions under which funds made available to the Federal
Buildings Fund can be used and has designated certain projects
which can be undertaken. Many technical provisions have been
inserted regarding use of funds in the Federal Buildings Fund
which are not specifically authorized by law.
The Committee has inserted language limiting funds
available for construction and repair and alternation of
building projects not authorized by law. A more detailed
analysis of the Federal Buildings Funds can be found in the
General Services Administration chapter of this report.
The Committee has inserted language concerning the
Pennsylvania Avenue Development Corporation.
policy and oversight
The Committee has inserted language which provides funds
for government-wide policy and oversight activities, the Board
of Contract Appeals, authorized services, and official
reception and representation expenses.
operating expenses
The Committee has continued language which provides funds
for operations of the General Services Administration.
Office of Inspector General
The Committee has continued language which provides funds
for expenses for the Office, payment for information and
detection of fraud, and awards.
Allowances and Office and Staff for Former Presidents
The Committee has continued language which provides funds
for compliance with Public Law 95-138.
General Services Administration--General Provisions
Section 1. The Committee has continued a provision which
provides for the crediting of amounts received as Federal
agency rental payments to the Federal Buildings Fund.
Section 2. The Committee has continued a provision which
provides funds for the hire of motor vehicles.
Section 3. The Committee has continued a provision which
provides that funds made available for activities of the
Federal Buildings Fund may be transferred between
appropriations with advance approval of the House and Senate
Committees on Appropriations.
Section 4. The Committee has continued a provision which
limits funding for courthouse construction which do not meet
certain standards and requires the submission of a capital
improvement plan for the US Courts.
Section 5. The Committee has included a new provision which
authorizes GSA to accept and retain income to offset the cost
of the flexiplace work telecommuting centers.
Section 6. The Committee has included a new provision which
authorizes the transfer of $2.2 million to the Charles County
Community College and repeals a previous authorization.
Section 7. The Committee has included a new provision which
provides that funds appropriated for ``Operating Expenses'' and
``Policy and Oversight'' may be transferred between these
appropriations with advance approval of the House and Senate
Committees on Appropriations.
John F. Kennedy Assassination Records Review Board
The Committee has continued language which provides funds
for the Board.
Merit Systems Protection Board
The Committee has continued language which provides funds
for the Board.
National Archives and Records Administration
The Committee has continued language which provides funds
for the operations of the NARA including expenses necessary to
move to a new facility.
National Historical Publications and Records Commission
The Committee has included language which provides funds
for the Commission.
Office of Government Ethics
The Committee has continued language which provides funds
for the Office.
Office of Personnel Management
The Committee has continued language which provides for
expenses of the Office, services authorized by 5 U.S.C. medical
examinations under certain conditions, rental of conference
rooms, hire of vehicles, official reception, and representation
expenses, advances for reimbursement, acceptance of gifts, and
awards for the national Civil Service Appreciation Conferences,
health promotion and disease prevention programs, transfers to
appropriate trust funds, prohibition on the payment of any
physician, hospital or other provider of health care services
who is excluded from providing services under certain Social
Security Act provisions, prohibition of funds for the Legal
Examining Unit, authority to accept certain donations for the
White House Fellows program, and prohibits a reduction-in-force
in the office of Federal Investigations.
Office of Inspector General
The Committee has continued language which provides funds
for expenses of the Office, audit of the retirement and
insurance programs, and the rental of conference rooms.
Government Payment for Annuitants, Employee Health Benefits
The Committee has continued language which provides funds
for the payment of the government contributions.
Government Payment for Annuitants, Employee Life Insurance
The Committee has continued language which provides funds
for the payment of the government contributions.
Payment to Civil Service Retirement and Disability Fund
The Committee has continued language which provides funds
for the payment of the government contributions.
Office of Personnel Management--General Provisions
Section 1. The Committee has included a new provision which
allows federal agencies to reimburse OPM for examinations for
common occupations and Administrative Law Judges.
Section 2. The Committee has included a new provision which
allows OPM to withhold state taxes from payments to annuitants.
Section 3. The Committee has included a technical amendment
which extends retirement provisions under the Federal Workforce
Restructuring Act to individuals taking delayed buyouts.
Section 4. The Committee has included a new provision that
allows the Office of Personnel Management to charge fees to
other federal agencies for the dissemination of employment
information.
Office of Special Counsel
The Committee has continued language which provides funds
for the Office.
United States Tax Court
The Committee has continued language which provides funds
for the Court.
TITLE V--GENERAL PROVISIONS
This Act
Section 501. The Committee has continued this provision
prohibiting the establishment of offices outside the District
of Columbia unless certain criteria is met.
Section 502. The Committee has continued this provision
limiting the expenditure of funds to the current year unless
expressly provided in the Act.
Section 503. The Committee has continued this provision
limiting the expenditure of funds for consulting services under
certain conditions.
Section 504. The Committee has continued this provision
regarding employment of certain categories of Federal
employees.
Section 505. The Committee has continued this provision
prohibiting the use of funds to engage in activities which
would prohibit the enforcement of section 307 of the 1930
Tariff Act.
Section 506. The Committee has continued this provision
prohibiting the transfer of control over the Federal Law
Enforcement Training Center.
Section 507. The Committee has continued this provision
prohibiting the use of funds for certain propaganda purposes.
Section 508. The Committee has continued this provision
prohibiting the use of funds appropriated in this Act from
being used to prevent certain Federal employees from contacting
their Congressman.
Section 509. The Committee has continued this provision
providing funds in this Act shall be available as authorized by
title 5, U.S.C., sections 4501-4506.
Section 510. The Committee has continued this provision
authorizing donations of supplies and equipment to the Federal
Executive Institute.
Section 511. The Committee has continued this provision
authorizing the Secret Service to accept certain donations
regarding protection of former Presidents.
Section 512. The Committee has continued this provision
prohibiting the withdrawal of the designation of Front Royal,
Virginia as a Customs Service Port of Entry.
Section 513. The Committee has continued this provision
concerning employment rights of Federal employees who return to
their civilian jobs after assignment with the Armed Forces.
Section 514. The Committee has continued this provision
prohibiting the use of funds to provide any non-public mailing
lists to any person or organization outside of the Federal
Government.
Section 515. The Committee has continued this provision
concerning compliance with Buy American Act.
Section 516. The Committee has continued this provision
concerning prohibition of contracts which use certain goods not
made in America.
Section 517. The Committee continued this provision
concerning prohibition of contracts.
Section 518. The Committee has continued this provision
which provides that fifty percent of unobligated balances may
remain available for certain purposes.
Section 519. The Committee has continued this provision
prohibiting any increases in the travel object classification
for any agency funded in this act without the prior approval of
the Committee on Appropriations.
Section 520. The Committee has continued this provision
specifying the authority of the special police officers of the
Bureau of Engraving and Printing in the Washington, D.C.
Metropolitan area.
Section 521. The Committee has included a new provision
establishing the rate of pay for the Chief of Police of the
Bureau of Engraving and Printing.
Section 522. The Committee has included a new provision
establishing a revolving fund for the U.S. Mint.
Section 523. The Committee has included a new provision
making a technical correction to section 531 of Public Law 103-
329.
Section 524. The Committee has included a new provision
prohibiting funds in this act to be used for abortions.
Section 525. The Committee has included a new provision
providing that Section 524 will not apply when the life of the
mother would be endangered.
Section 526. The Committee has included a new provision
concerning Tax Systems Modernization.
Section 527. The Committee has included a new provision for
the relief of certain weekly periodical publications, primarily
a handful of suburban or metropolitan community newspapers,
that have been adversely affected by a 1989 mail classification
regulation designed to control the inclusion of loose
supplements in magazines and similar publications.
This measure is intended to ``grandfather'' the affected
newspapers, by permitting them to continue to utilize their
two-staple format without being subject to the supplement rules
designed for magazines and similar bound publications.
Section 528. The Committee includes a new provision which
limits training funds to topics that meet identified needs for
knowledge, skills and abilities bearing directly upon the
performance of official duties.
Section 529. The Committee has continued this provision
prohibiting the use of funds to take adverse action against an
employee of the Bureau of the Public Debt under certain
circumstances, amended to cut off the effect of the provision
on February 15, 1996.
TITLE VI--GOVERNMENTWIDE GENERAL PROVISIONS
Departments, Agencies, and Corporations
Section 601. The Committee has continued this provision
authorizing agencies to pay travel costs of the families of
Federal employees on foreign duty to return to the United
States in the event of death or a life threatening illness of
the employee.
Section 602. The Committee has continued this provision
requiring agencies to administer a policy designed to ensure
that all of its workplaces are free from the illegal use of
controlled substances.
Section 603. The Committee has continued this provision
authorizing reimbursement for travel, transportation, and
subsistence expenses incurred for training classes,
conferences, or other meetings in connection with the provision
of child care services to Federal employees.
Section 604. The Committee has continued this provision
regarding price limitations on vehicles to be purchased by the
Federal Government.
Section 605. The Committee has continued this provision
allowing funds made available to agencies for travel to also be
used for quarters allowances and cost-of-living allowances.
Section 606. The Committee has continued this provision
prohibiting the Government, with certain specified exceptions,
from employing non-U.S. citizens whose posts of duty would be
in the continental U.S.
Section 607. The Committee has continued this provision
ensuring that agencies will have authority to pay the General
Services Administration bills for space renovation and other
services.
Section 608. The Committee has continued this provision
allowing agencies to finance the costs of recycling and waste
prevention programs with proceeds from the sale of materials
recovered through such programs.
Section 609. The Committee has continued this provision
providing that funds may be used to pay rent and other service
costs in the District of Columbia.
Section 610. The Committee has continued this provision
restricting the President's recess appointment power.
Section 611. The Committee has continued this provision
authorizing agencies with delegated authority to make direct
expenditures to operate, maintain, and repair its facilities
using funds otherwise available to make rental payments to GSA.
Section 612. The Committee has continued this provision
allowing agencies to use foreign currency (for which the
Treasury is to be reimbursed) to carry out any program that the
agency is authorized to carry out under its dollar
appropriations.
Section 613. The Committee has continued this provision
precluding the financing of groups by more than one Federal
agency absent prior and specific statutory approval.
Section 614. The Committee has continued this provision
authorizing the Postal Service to employ guards and given them
the same special police powers as GSA guards.
Section 615. The Committee has continued this provision
prohibiting the use of funds for enforcing regulations
disapproved in accordance with the applicable law of the United
States.
Section 616. The Committee has continued this provision
limiting the pay increases of certain prevailing rate
employees.
Section 617. The Committee has continued this provision
limiting the amount of funds that can be used for redecoration
of offices under certain circumstances.
Section 618. The Committee has continued this provision
prohibiting the expenditure of funds for the acquisition of
additional law enforcement training facilities without the
advance approval of the Committees on Appropriations.
Section 619. The Committee has continued this provision
prohibiting the use of grant funds for the acquisition of goods
or services unless certain announcement criteria is met.
Section 620. The Committee has continued this provision
permitting interagency funding of national security and
emergency preparedness telecommunications initiatives, which
benefit multiple Federal departments, agencies, and entities.
Section 621. The Committee has continued this provision
permitting telecommunications support for the work-at-home and
telecommuting program under guidelines issued by the Office of
Personnel Management. The Committee has amended this provision
to make it permanent law.
Section 622. The Committee has continued this provision
requiring agencies to certify that a Schedule C appointment was
not created solely or primarily to detail the employee to the
White House.
Section 623. The Committee has continued this provision
requiring agencies to administer a policy designed to ensure
that all of its workplace are free from discrimination and
sexual harassment.
Section 624. The Committee has continued this provision
prohibiting the use of funds for travel expenses not directly
related to official governmental duties.
Section 625. The Committee has continued this provision
requiring the President to certify that persons responsible for
administering the Drug Free Workplace Program are not
themselves the subject of random drug testing.
Section 626. The Committee has included a new provision
authorizing agencies to retain half of the money they receive
as a result of participating in energy and water conservation
activities.
Section 627. The Committee has included a new provision
establishing the Commission on Federal Mandates.
Fair Labor Standards Act Statute of Limitations
In the fiscal year 1995 Treasury-Postal Act, the Committee
included a provision directing the Comptroller General to apply
a six year statute of limitation to Fair Labor Standards Act
overtime claims filed by June 30, 1994. The Committee has been
asked to consider repeal of this provision for two reasons:
cost and fairness. The Committee will review this issue prior
to conference with the Senate and, if deemed appropriate, will
suggest changes at that time. In the interim, the Committee
directs the Office of Management and Budget (OMB) to provide an
estimate of the cost of last year's provision to the
government, including a high and low cost estimate as well as a
description of the methodology and assumptions inherent in this
calculation.
Detailed Explanations in Report
It should be emphasized again that a more detailed
statement describing the effect of the above provisions
inserted or continued this year by the Committee which directly
or indirectly change the application of existing law may be
found at the appropriate place in this report.
Appropriations Not Authorized by Law
Pursuant to clause 3 of rule XXI of the House of
Representatives, the following table lists the appropriations
in the accompanying bill which are not authorized by law:
Treasury Department
Departmental Offices, except International
Affairs and Official Travel
Office of Inspector General
Financial Crimes Enforcement Network
Federal Law Enforcement Training Center
Salaries and Expenses
Acquisition, Construction,
Improvements & Related Expenses
Financial Management Service
Bureau of Alcohol, Tobacco and Firearms,
except those activities related to the
enforcement of tobacco smuggling and regulation
of explosives
U.S. Customs Service
Salaries & Expenses
Operation and Maintenance, Air &
Marine Interdiction
Programs
U.S. Mint
Bureau of the Public Debt
Internal Revenue Service
Processing, Assistance and Management
Tax Law Enforcement
Information Systems
U.S. Secret Service--except the Uniformed
Division
Funds Appropriated to the President
High Intensity Drug Trafficking Areas Program
Office of Management and Budget, Office of
Information and Regulatory Affairs
Federal Election Commission
General Services Administration
Policy and Oversight
Office of Government Ethics
MINORITY VIEWS OF HON. STENY H. HOYER, HON. PETER J. VISCLOSKY, HON.
RONALD D. COLEMAN AND THE HON. DAVID R. OBEY
The minority members of the Treasury Postal Subcommittee
are particularly concerned about a number of changes in the
bill that result in an appearance of a political attack on the
White House. More than $5.5 million in policy changes have been
recommended by the Committee for the Executive Office of the
President. These changes result in the legislative branch
micro-managing the President's own office.
We are particularly concerned over the elimination of the
Council of Economic Advisers and the reduction made to the
White House Office. The Council of Economic Advisers has served
Presidents of both parties for the past 50 years. They provide
long-term economic advice on the state of the economy of the
United States. The Council of Economic Advisers serves as the
independent voice for policies that facilitate the workings of
the market, and for policies that emphasize the importance of
incentives, efficiency and productivity. We feel that the
unique nature of the Council needs to be recognized since they
look at the long-term macro and micro issues facing the country
and analyze important but poorly understood areas of the
economy. This is in contrast to other agencies that address
more immediate and general questions of economic policy. The
Council operates in the best interest of the American public,
and the elimination of this office is a political decision that
is not in the interest of the United States.
Reductions made by this subcommittee to the White House
Office are also contrary to the long standing practices of the
Committee regardless of the political party in power in the
White House. The Office of the White House is the office of the
President and should be treated in a non-partisan manner.
We are also concerned over program changes that are
recommended for the Federal Election Commission. The FEC in
fiscal year 1996 will have major expenses related to the
upcoming Presidential election. The $2.5 million reduction made
to the FEC coupled with an earmark of $1.5 million in computer
modernization will hamper the ability of the FEC to carry out
its responsibilities and to assure the integrity of upcoming
elections.
The Treasury Postal Subcommittee had unwisely included a
provision that would allow rich felons to pay from $5,000 to
$10,000 to have ATF perform a background review that could lead
to felons having their right to having a gun restored. We are
pleased that when the bill came to the full Committee the
majority members reversed their position and instead retained
prior year language prohibiting background searches for
individuals who are convicted felons. Cases of convicted
murderers and armed robbers being certified for gun possession
lead to the provision in the first place. A reversal of this
policy is not in the best security interest of the United
States. It also is not in the long-term interest of those who
seek to keep broad access to gun ownership for law abiding
citizens.
Finally, we are disappointed that the Committee did not
adopt a provision that would have given the Secretary of the
Treasury the authority to collect taxes from individuals who
have renounced their United States citizenship. Billionaires
and other wealthy Americans who have renounced their
citizenship are benefiting from a tax loophole that the
President has proposed closing. It is our hope that authority
to close this loophole will be added to this or other
legislation.
Steny H. Hoyer.
Peter J. Visclosky.
Ronald D. Coleman.
David R. Obey.
ADDITIONAL VIEWS OF HON. STENY H. HOYER
I believe that it is unfortunate that because of the
Subcommittee's allocations there are not enough resources in
the bill to adequately fund some of the basic functions of our
government. I support the need to balance the budget, but this
need not be done by undermining the ability of the United
States Government to carry out its important responsibilities.
The bill is silent on federal pay. I am concerned that
neither the President nor the Committee has provided the full
5.9 percent increase that the Civil Service is due as
employment cost index and locality pay increases under the
Federal Employees Pay Comparability Act. Since 1981, Federal
employees have lost more than $163 billion in pay and benefits
that they were scheduled to receive. This counterproductive
trend is being continued under the Conference Report for the
fiscal year 1996 Budget Resolution.
The 2.4 percent recommended by the President, in addition
to being less than half of the raise owed to Federal workers
under existing law, is not fully funded. I regret that this
bill requires all agencies not involved in law enforcement to
absorb the additional cost of the pay increase from their
program budgets. This unwise policy results in a hidden 2.4
percent cut in programs at agencies that are already facing
severe budget constraints.
I am disappointed that the majority decided to reinstate a
provision in the bill which restricts a federal employee's
choice of a health care insurance plan by prohibiting ``federal
funds'' from being used to purchase a policy which provides
coverage for pregnancy termination, except in instances where
the life of the mother is at risk.
It is my position that there are no federal funds used for
the purpose of purchasing health care coverage for federal
employees. Federal employees, like many other employees,
receive compensation in the form of salary, health care
benefits and retirement benefits. This is their money to use.
They choose a health insurance plan and a portion of that is
paid for with their health coverage benefit. That money is no
more ``federal funds'' than is their salary after they have
received it. The choice of policies is the employee's alone.
Therefore, the Committee's premise that it is the employers
right to restrict the scope of coverage for legal medical
services is wrong.
I commend the Committee for its attention to the Tax
Systems Modernization program at the Internal Revenue Service.
This broad effort to update all aspects of IRS's computer and
processing systems is a high priority that is critical to the
agency's preparation for the 21st century.
Unfortunately, another important IRS initiative received
insufficient funding despite its promise to reduce the budget
deficit. The bill provides only $266 million of the $405
million requested under Tax Law Enforcement for the compliance
initiative. This cut, which stretches the program from five to
seven years, would result in estimated total collections of
$10.3 billion compared to projected revenues of $11.1 billion
under the existing program. As an income-producing program, I
believe that this program should have been funded outside of
the budget caps. In addition to the loss of $800 million of
revenues, I am very concerned about the impact on employees who
have already been hired and trained for the initiative. I am
hopeful that this problem can be resolved by the time we reach
a conference with the Senate.
I do not support a provision added by the Committee to set
up an unfunded commission on Federal Mandates. It is especially
ironic that a Commission is established with no funds to
operate while the Committee has eliminated the Advisory
Commission on Intergovernmental Relations, which the
Administration had proposed for funding and would have had the
responsibility for overseeing the question of federal mandates.
This responsibility was assigned to the ACIR by legislation
passed earlier in this session. The Committee elsewhere in the
report has recommended that funds under the Office of
Management and Budget should be used for overseeing the Federal
mandates review, although the OMB budget has been cut $2.2
million below last year and almost $850,000 below the request.
This is a tangled web that can best be straightened out by
restoring funds to the Advisory Commission on Intergovernmental
Relations.
Steny H. Hoyer.