[House Report 111-202]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-202
======================================================================
FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS BILL, 2010
_______
July 10, 2009.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Serrano, from the Committee on Appropriations, submitted the
following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 3170]
The Committee on Appropriations submits the following
report in explanation of the accompanying bill making
appropriations for financial services and general government
for the fiscal year ending September 30, 2010.
INDEX TO BILL AND REPORT
__________
Page number
Bill Report
Introduction...............................................
2
Major priorities...........................................
3
Terminations, reductions, and other savings................
8
Operating plan and reprogramming procedures................
8
Program, project, and activity.............................
9
Title I--Department of the Treasury........................ 2
10
Title II--Executive Office of the President and Funds
Appropriated to the President.......................... 20
29
Title III--The Judiciary................................... 34
41
Title IV--District of Columbia............................. 43
49
Title V--Independent Agencies.............................. 57
57
Administrative Conference of the United States..... 57
57
Consumer Product Safety Commission................. 57
57
Election Assistance Commission..................... 58
59
Federal Communications Commission.................. 59
61
Federal Deposit Insurance Corporation.............. 60
63
Federal Election Commission........................ 60
63
Federal Labor Relations Authority.................. 60
64
Federal Trade Commission........................... 61
64
General Services Administration.................... 63
66
Merit Systems Protection Board..................... 75
75
Morris K. Udall Foundation......................... 76
75
National Archives and Records Administration....... 77
76
National Credit Union Administration............... 79
79
Office of Government Ethics........................ 80
81
Office of Personnel Management..................... 80
81
Office of Special Counsel.......................... 84
87
Postal Regulatory Commission....................... 84
87
Privacy and Civil Liberties Oversight Board........ 85
88
Securities and Exchange Commission................. 85
88
Selective Service System........................... 87
90
Small Business Administration...................... 88
90
United States Postal Service....................... 92
99
United States Tax Court............................ 94
100
Title VI--General Provisions--This Act..................... 94
101
Title VII--General Provisions--Government-wide:
Departments, Agencies, and Corporations................ 102
103
Title VIII--General Provisions, District of Columbia....... 138
106
House of Representatives Report Requirements:..............
107
Constitutional authority...........................
108
Statement of general performance goals and
objectives.....................................
108
Changes in the application of existing law.........
108
Appropriations not authorized by law...............
119
Transfers of funds.................................
121
Rescissions........................................
123
Compliance with rule XIII, clause 3(e) (Ramseyer
rule)..........................................
123
Directed spending by Congress and Executive........
125
Disclosure of earmarks.............................
125
Full Committee votes...............................
145
Comparison with the budget resolution..............
154
Five-year outlay projections.......................
154
Financial assistance to state and local governments
154
Tabular summary of the bill................................
156
Minority Views.............................................
173
Introduction to the Financial Services and General Government
Appropriations Bill
The programs funded within the Financial Services and
General Government Appropriations Bill touch the lives of
nearly every American.
Anyone who completes a Federal income tax
form relies on the Internal Revenue Service programs in
this bill to have that form efficiently processed and
taxes properly and fairly assessed.
Small business owners and their customers
benefit from the Small Business Administration's
activities to promote entrepreneurship and the growth
of small enterprises.
Consumers who are worried about dangerous
toys and other products can turn to the Consumer
Product Safety Commission for help in removing these
products from the shelves.
Investors large and small look to the
Securities and Exchange Commission for protection
against fraud and market manipulation.
A citizen voting in a Federal election can
be more confident that his or her vote will be counted
accurately because of the funding provided for Help
America Vote Act programs.
Civilian employees of the Federal
Government--roughly two million people--rely on
agencies in this bill to properly administer their
retirement and other benefits and for protection
against improper practices.
The list of examples goes on. Every agency funded by this
bill has an important role in the basic operation of the United
States Government. This bill might be thought of as the ``good
government bill'' since the funding it provides is essential to
meeting the high standards the American public should demand
from its government.
To help meet these responsibilities, the recommended bill
provides a total of $24,150,000,000 in new discretionary budget
authority--$1,599,000,000 more than the enacted fiscal year
2009 level but $75,937,000 less than requested by the
President.
Major Priorities in This Bill
While the needs addressed by this bill are diverse, major
priorities that guided the Committee this year include the
following:
Rebuilding the regulatory agencies that
should stabilize our financial system and protect
consumers, investors, and the public;
Making available capital and other
assistance to small businesses and disadvantaged
communities;
Supporting equitable and efficient
administration of justice in the Federal courts;
Providing for fair and effective collection
of taxes; and
Meeting our responsibilities to the Nation's
capital city.
REBUILDING THE REGULATORY AGENCIES
For a number of years, the leaders of many regulatory
agencies have favored a relatively lax policy and argued that
self-interest and self-regulation would work better than
government regulation. The Committee is encouraged that new
leadership has rejected that approach at a number of agencies
funded in this bill. With that in mind, the Committee
recommends additional funding above the budget request for the
Securities and Exchange Commission, the Consumer Product Safety
Commission, and the Federal Trade Commission.
Nowhere has the failure of self-regulation been more
obvious and consequential than in financial regulation. We are
experiencing the deepest economic downturn since the Great
Depression of the 1930s because of a meltdown in our financial
infrastructure. Lax regulation allowed financial institutions
to become excessively leveraged, to create risky assets that
were formally rated as safe, to provide credit to
uncreditworthy borrowers, to develop complex new derivatives
with trillions of dollars of covered value that investors did
not understand, and to create Ponzi and other fraudulent
schemes of unprecedented size. These runaway financial excesses
contributed to excesses in the housing sector. The crises in
the financial and housing sectors have reinforced each other in
a downward spiral since 2007 that has spilled over to the rest
of the economy. The financial meltdown has deprived many worthy
borrowers of credit--not only homeowners and homebuyers but
also small businesses, auto buyers and dealers, students and
others.
The Administration and Congress are currently developing
plans to reform financial regulation, including creation of a
new consumer financial protection agency that would consolidate
authority now spread among a number of agencies. At this stage,
however, the Committee must fund currently existing agencies
with their current responsibilities. As the process of
developing and enacting reforms proceeds, the Committee will
adjust its final appropriations for affected agencies
accordingly.
Securities and Exchange Commission
The Securities and Exchange Commission (SEC) is one of the
key regulatory agencies where new leadership has made
commitments to sensible regulation and tough enforcement. The
SEC can help prevent a repetition of recent financial excesses
by playing its role in restoring and maintaining a sound
financial infrastructure. The SEC potentially oversees many
investment institutions and instruments that have created so
much havoc, sets a framework for accounting principles and
rating agencies, and has authority to promulgate, investigate
violations of, and enforce tough rules.
The Committee has boosted funding for the SEC to $1.036
billion, going beyond the Administration's request for the
second consecutive year. That funding permits the SEC to
increase its staff by about 140 per year in both fiscal years
2009 and 2010.
Consumer Product Safety Commission
The Consumer Product Safety Commission (CPSC) is charged
with reducing the unreasonable risk of injury associated with
more than 15,000 consumer products. The bill provides funding
for the ongoing work of the CPSC as well as the implementation
and enforcement of recently enacted consumer protection
legislation, specifically the Consumer Product Safety
Improvement Act, the Virginia Graeme Baker Pool and Spa Safety
Act, and the Children's Gasoline Burn Prevention Act.
The Consumer Product Safety Improvement Act was signed into
law on August 14, 2008 and is considered to be the most
significant piece of consumer protection legislation enacted
since the CPSC was established in the early 1970s. The
legislation received nearly unanimous bipartisan support in
Congress. Congress passed this legislation in the wake of a
massive number of consumer products recalled in 2007 and 2008--
more than 20 million--many of which involved toys manufactured
in China. This bill provides much needed resources for the CPSC
to support the ongoing implementation of this legislation.
The bill also provides funding for an increased presence at
the Nation's ports to keep defective products from entering the
country. Through its Import Safety Initiative, the CPSC
positions investigators at key ports of entry to monitor
shipments of consumer products into the United States. Stopping
defective products before they enter the country is a proactive
approach to keeping consumers--and particularly our children--
safe.
The bill provides a funding level of $113 million for the
CPSC for fiscal year 2010, $8 million above the current year's
level and $6 million above the Administration's request. The
additional funds provided will enable the CPSC to add staff to
implement new consumer protection legislation as well as to
meet ongoing workload needs.
Federal Trade Commission
The Federal Trade Commission (FTC) is yet another key
agency whose new leadership has a refreshing perspective on its
regulatory role. As with the SEC and the CPSC, the Committee
recommends that the FTC receive fiscal year 2010 funding
greater than the Administration's request. The FTC has
responsibility for policing non-banking mortgage brokers who
contributed to the fiasco in mortgage finance in recent years.
In last year's bill, this Committee strengthened the FTC's
role, to prevent such widespread and egregious behavior in the
future. The current recession has created other outbreaks of
unfair and deceptive practices that the FTC must address,
including businesses making excessive promises to repair
credit, prevent foreclosures, or negotiate debt relief. The
Committee also expects the FTC to take a more active role in
preventing and punishing anti-competitive behavior than in the
recent past.
Believing that the FTC must play a more active role in
keeping our marketplace working fairly, the Committee funds the
FTC by $4.5 million above the Administration request for fiscal
year 2010.
Inspectors General
While strengthening the capacity of the key regulatory
agencies, the Committee is also committed to strengthening
oversight of those and other agencies. For example, this bill
provides for the first time a separate appropriation for the
Office of Inspector General at the SEC, in order to help ensure
the independence of that office. The bill also provides a $3
million increase above the Administration's request for the
Treasury Department's Office of Inspector General, to give that
agency sufficient resources to both perform core audit and
investigation duties and carry out the special reviews of bank
failures mandated by law. Similarly, the bill includes a $10
million increase for the Inspector General at the Federal
Deposit Insurance Corporation, to respond to needs associated
with increased bank failures and receivership activities.
Oversight by the Committee
The Committee also remains committed to exercising its own
oversight responsibilities over the agencies it funds. In
connection with those responsibilities, the Committee is
asking--in this report--for a series of reports related to the
TARP and the broader financial stabilization program. Among
other things, the Committee directs the Treasury Department to
provide quarterly reports, starting in September, on the
Department's progress in implementing the recommendations of
the various oversight bodies, such as the Congressional
Oversight Panel, the Special Inspector General for TARP, and
the Government Accountability Office--including justification
for rejecting any recommendations the Department doesn't plan
to implement. The Committee also asks the Treasury for specific
plans for future activities, including plans for ensuring that
taxpayers' investments are repaid. It also asks for specifics
concerning the staff and resources that the Department is
allocating to various tasks related to managing the TARP
program and other financial stabilization efforts.
ASSISTING SMALL BUSINESSES AND DISADVANTAGED COMMUNITIES
Small Business Administration
Through the Small Business Administration (SBA), the
Federal government plays a crucial role in promoting small
business ownership and facilitating access to capital. SBA
supports the creation of small businesses through its many
programs, including its flagship 7(a) loan guarantee program,
which makes it easier for small companies to obtain financing.
The 504 loan program is a ``bricks and mortar'' program that
provides growing businesses with long-term, fixed-rate
financing for major assets, such as land and buildings. For the
smallest entrepreneurs, SBA's Microloan program supports loans
that assist businesses with financing needs of $35,000 or less.
These loan programs serve to meet the varying credit needs of
small businesses nationwide. This bill encourages
entrepreneurship and the creation of small businesses by
providing funding sufficient to support $28 billion in new
lending activity to small businesses in fiscal year 2010.
In addition to providing access to capital, technical
assistance and other support is needed in order to give small
businesses the best chance to succeed. Research indicates that
businesses that survive four years have a better chance of
surviving long-term, so continued investment in technical
assistance is money well spent. The bill includes funding for a
number of SBA's technical assistance programs which provide
this support to small businesses. The largest of these programs
are the Small Business Development Centers (SBDCs) located
throughout the country which provide a range of counseling and
training services to entrepreneurs in the local community. This
bill recognizes the important role of SBDCs by providing $110
million for fiscal year 2010, $13 million above the
Administration's request level.
This bill also recognizes that small businesses in low-
income communities are particularly hard hit in the current
economic downturn. This bill promotes efforts to help these
businesses, including increased funding for the Program for
Investment in Microentrepreneurs (PRIME), which is targeted
toward low- and very low-income small business owners. Funding
for PRIME is $8 million in this bill, up from the $3.120
million proposed by the Administration.
Community Development Financial Institutions
The Treasury Department's Community Development Financial
Institutions (CDFI) Fund helps to supply credit to
disadvantaged communities. The bill includes $243.6 million for
the CDFI Fund--more than double the amount provided last year--
to help increase the amount of credit, investment capital, and
financial services available in disadvantaged communities.
Community development financial institutions are financial
entities specifically involved in underserved communities, and
include community development banks, credit unions, housing
loan funds, microenterprise loan funds, and other financing
entities helping to spur economic development. The funding in
this bill will allow these entities to help fill the void that
has resulted from the overall decline in bank lending activity.
On average, each dollar invested in the CDFI Fund has leveraged
at least fifteen dollars in additional private investment in
underserved communities.
Within the overall amount for the CDFI Fund is $80 million
to help jump-start the new Capital Magnet Fund, a new
competitive grant program for CDFIs and nonprofit
organizations. The program is designed to increase the supply
of affordable housing for low-income families by leveraging
additional investments in the purchase, construction, and
renovation of affordable housing. The National Low-Income
Housing Coalition has noted that, even before the recession and
the rise in foreclosures, a shortage of affordable housing for
low-income families was very much in evidence. The Capital
Magnet Fund program should help to provide a bigger supply of
affordable housing nationwide.
SUPPORTING JUSTICE IN THE FEDERAL COURTS
Another major goal of the Committee is to provide
sufficient resources for the Federal Courts to perform their
functions of dispensing equal justice under law in a fair,
careful, and efficient manner. The Judiciary's workload is
rising, reflecting dislocations caused by the severe recession
as well as other factors such as increased immigration
enforcement. The effect is most dramatic in bankruptcy filings,
which were up by an estimated 28 percent in the 12 month period
ending on June 30, 2009 and are expected to continue to rise.
The bill provides a 7.1 percent overall increase for the
Judiciary, to help the courts keep up with the workload and
cover operating costs. Among other things, this increase allows
for hiring of additional personnel, such as 142 more staff for
the bankruptcy courts and 107 more clerks and other employees
for the district courts, to help reduce delays for those with
business before those courts.
The Committee also recognizes the key role that defense
counsel play in ensuring trials that are fair and credible.
Accordingly, the bill provides increased funds for public
defender services to keep up with rising caseloads. The bill
also responds to repeated recommendations made by the Judiciary
to increase the hourly rates of pay for attorneys appointed on
a case-by-case basis to represent those who cannot afford to
hire a lawyer. The increase is intended to alleviate the
difficulties reported by many courts in finding and retaining
qualified lawyers willing to accept such appointments.
PROVIDING FOR FAIR AND EFFECTIVE COLLECTION OF TAXES
The Committee increases funding for enforcement by the
Internal Revenue Service (IRS), as requested by the
Administration, to address the problem of the ``tax gap.'' The
last official Treasury estimate of the tax gap (the difference
between the amount of taxes owed and the amount collected) was
$290 billion. The IRS National Taxpayer Advocate has
characterized the tax gap as effectively a surtax of $2,200 per
compliant taxpayer to subsidize the noncompliance of others.
The Committee is pleased that the Administration is
addressing this problem, including the launch of an effort to
target offshore tax avoidance. In support of this initiative,
the bill provides funding for new IRS agents to target wealthy
individuals and businesses who seek to avoid U.S. taxes by
parking money overseas.
At the same time, the bill ensures an adequate level of
funding for IRS Taxpayer Services to ensure that taxpayers are
able to receive assistance from the IRS--in person, over the
phone, or on the IRS web site--when filling out tax forms and
filing returns. The bill continues funding for Tax Counseling
for the Elderly sites and provides increases above the request
for the IRS Taxpayer Advocate Service, grants to low-income
taxpayer clinics, and community volunteer income tax assistance
grants.
MEETING RESPONSIBILITIES TO THE NATION'S CAPITAL CITY
The Financial Services and General Government bill also
makes appropriations for the District of Columbia. The city and
its citizens bear a number of additional burdens--as well as
enjoying benefits--because of Washington's role as the Nation's
capital, and this bill provides modest assistance to the
District in recognition of that role. Among other things, the
measure continues special assistance to improve education in
both public and charter schools in the District, and also
adopts the President's proposal for a limited continuation of
the school voucher program to avoid disrupting the education of
students currently in the program. While reducing or
eliminating some payments to the District, the Committee also
provides new payments to address certain high-priority needs:
aiding the homeless, helping youth disconnected from school or
work, and slowing the spread of HIV/AIDS.
The bill also takes further steps towards reducing undue
congressional interference in local affairs and eliminating
restrictions on the District that do not apply to other parts
of the Nation. As requested by the President, the bill
eliminates the prohibition on use of locally raised funds for
abortion--thereby placing the District in the same position as
each of the 50 states in that regard. The measure also
eliminates a ban on use of funds for domestic partnership
registration and benefits and a ban on use of funds for needle
exchange programs, and allows the District to conduct and
implement a referendum on use of marijuana for medical
purposes, as has been done in various states.
Terminations, Reductions and Other Savings
In order to invest in the critical priorities identified in
this bill, and in an effort to build an economy on a solid
foundation for growth and put the Nation on a path toward
prosperity, the Committee has proposed herein a number of
program terminations, reductions, and other savings from the
fiscal year 2009 level totaling $599 million. In addition, $425
million in other program terminations, reductions, and other
savings from the budget request are recommended. These
adjustments, no matter their size, are important to setting the
right priorities within the spending allocation, for getting
the deficit under control, and creating a government that is as
efficient as it is effective.
Operating Plan and Reprogramming Procedures
The Committee will continue to evaluate reprogrammings
proposed by agencies. Although reprogrammings may not change
either the total amount available in an account or any of the
purposes for which the appropriation is legally available, they
represent a significant departure from budget plans presented
to the Committee in an agency's budget justifications and
supporting documents, which are the basis of this
appropriations Act. The Committee expects agencies'
reprogramming requests to thoroughly explain the reasons for
the reprogramming and to include an assessment of whether the
reprogramming will affect budget requirements for the
subsequent fiscal year.
Section 608 of this Act requires that agencies or entities
funded by the Act notify the Committee and obtain prior
approval from the Committee for any reprogramming of funds
that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds or personnel for any
program, project, or activity for which funds have been denied
or restricted by the Congress; (4) proposes to use funds
directed for a specific activity by either the House or Senate
Committees on Appropriations for a different purpose; (5)
augments existing programs, projects, or activities in excess
of $5,000,000 or 10 percent, whichever is less; (6) reduces
existing programs, projects, or activities by $5,000,000 or 10
percent, whichever is less; or (7) creates or reorganizes
offices, programs, or activities.
Additionally, the Committee expects to be promptly notified
of all reprogramming actions which involve less than the above-
mentioned amounts if such actions would have the effect of
significantly changing an agency's funding requirements in
future years, or if programs or projects specifically cited in
the Committee's reports are affected by the reprogramming.
Reprogrammings meeting these criteria must be approved by the
Committee regardless of the amount proposed to be moved.
Section 608 also requires agencies to consult with the
Committees on Appropriations prior to any significant
reorganization or restructuring of offices, programs, or
activities. This provision applies regardless of whether the
reorganization or restructuring involves a reprogramming of
funds. Agencies are encouraged to consult with the Committees
early in the process so that any questions or concerns the
Committees may have can be addressed in a timely manner.
Agencies are directed under section 608 to submit operating
plans for the Committee's review within 60 days of the bill's
enactment. Each operating plan should include: (1) a table for
each appropriation with a separate column to display the
President's budget request, adjustments made by Congress,
adjustments due to enacted rescissions, if appropriate, and the
fiscal year enacted level; (2) a delineation in the table for
each appropriation both by object class and program, project,
and activity as detailed in the budget appendix for the
respective appropriation; and (3) an identification of items of
special congressional interest.
Program, Project, and Activity
During fiscal year 2010, for the purposes of the Balanced
Budget and Emergency Deficit Control Act of 1985 (Public Law
99-177), as amended, with respect to appropriations contained
in the accompanying bill, the terms ``program, project, and
activity'' shall mean any item for which a dollar amount is
contained in an appropriations Act (including joint resolutions
providing continuing appropriations) or accompanying reports of
the House and Senate Committees on Appropriations, or
accompanying conference reports and joint explanatory
statements of the committee of conference. This definition
shall apply to all programs for which new budget (obligational)
authority is provided.
TITLE I--DEPARTMENT OF THE TREASURY
Financial Stabilization Efforts
The Committee is strongly interested in all of the
Department's efforts to address the economic and financial
crisis. Given the need to improve the flow of credit and
promote greater confidence in the financial system, as well as
the risks associated with the commitment of so many billions of
taxpayer dollars, the Committee strongly believes that prudent
management attention from the Department, as well as strong
oversight from Congress and from the various independent
oversight bodies, is of utmost importance.
The Committee notes that the oversight bodies, including
the Government Accountability Office (GAO), the Special
Inspector General for the Troubled Asset Relief Program
(SIGTARP), and the Congressional Oversight Panel have engaged
in focused oversight of the Department's response to the
financial crisis, particularly the implementation of the
Troubled Asset Relief Program (TARP).
The Committee directs the Secretary to report to the
Committee, by September 1, 2009 and on a quarterly basis for
the next year, as to the Department's progress in implementing
the various recommendations of GAO, the SIGTARP, and the
Congressional Oversight Panel in this area. If the Secretary
does not plan on implementing a specific recommendation by one
of the three oversight bodies, the Secretary should certify to
the Committee that such action is not necessary or appropriate
and provide a justification for such certification.
The Committee additionally directs the Secretary to report
to the Committee, by the second quarterly report due by
December 1, 2009, on: (1) any plans of the Department to extend
the period of making new TARP commitments after December 31,
2009, as well as any additional plans, outside of TARP, to
ensure financial stability going forward that expose the
taxpayer to possible financial losses; (2) plans to ensure that
taxpayers receive repayment of their investments of TARP funds,
in Government-sponsored Enterprises, and in any other
investments of taxpayer funds aimed at ensuring economic and
financial stability; and (3) estimates of the likely gains and
losses from those investments.
The Committee is particularly interested in the plans,
duties, and tasks being undertaken in support of these
objectives, and whether the Department has the resources
necessary to carry out this work. The Secretary is further
directed to report to the Committee, by no later than September
1, 2009, with additional information for each of fiscal years
2009 and 2010. Specifically, for each of the following areas,
the Secretary is directed to provide very specific and detailed
information as to the Department's plans and its resources
(specifying the amounts of TARP funding, appropriated funding,
and funding from other sources and authorities) for carrying
out these plans. For each of these efforts, the information
should include the numbers of Department staff, the numbers of
detailees from other agencies, and the numbers of contractor
staff involved. Finally, detailed information should be
included as to the specific duties and tasks assigned to each
of the staff involved in each of these efforts:
to ensure that the billions of dollars in
taxpayer money invested in financial stabilization
efforts are ultimately recouped;
to stabilize the housing market, prevent
avoidable foreclosures, and ensure that mortgage
modifications are given to homeowners who need and
deserve them;
to return lending to more normal levels for
small businesses, students, state & local governments,
and other critically important sectors;
to ensure that TARP investments and other
financial stabilization efforts are resulting in
greater lending activity; and
to ensure proper monitoring and compliance
with executive compensation restrictions on TARP
recipients and recipients of other Financial Stability
Plan assistance.
Information should be included as to how Treasury is
ensuring transparency and public accountability for the
exercise of its authorities in all of these areas. The
Secretary is directed to include, as part of the fiscal year
2011 budget submission, updated data in all of these areas for
fiscal years 2009 and 2010, along with detailed information on
specific financial stabilization efforts planned for fiscal
year 2011, including costs, funding sources, staffing
(Department staff, detailees, and contractors), and the
specific duties and tasks expected to be assigned to each of
the staff involved in these efforts.
Departmental Offices
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2009....................... $278,870,000
Budget request, fiscal year 2010...................... 302,388,000
Recommended in the bill............................... 303,388,000
Bill compared with:
Appropriation, fiscal year 2009................... +24,518,000
Budget request, fiscal year 2010.................. +1,000,000
The Departmental Offices' function in the Treasury
Department is to provide basic support to the Secretary of the
Treasury, the chief operating executive of the Department. The
Secretary also has a primary role in formulating and managing
the domestic and international tax and financial policies of
the Federal Government. The Secretary's responsibilities funded
by the Salaries and Expenses appropriation include:
recommending and implementing United States domestic and
international economic and tax policy; providing
recommendations regarding fiscal policy; governing the fiscal
operations of the Government; maintaining foreign assets
control; managing the public debt; managing development of
financial policy; representing the United States on
international monetary, trade and investment issues; overseeing
Treasury Department overseas operations; directing the
administrative operations of the Treasury Department; and
providing executive oversight of the bureaus within the
Treasury Department.
COMMITTEE RECOMMENDATION
The Committee recommends $303,388,000 for Departmental
Offices, Salaries and Expenses, $1,000,000 above the budget
request and $24,518,000 above the amounts provided in fiscal
year 2009. The funding recommendations are made based on
information included in the budget justification. Language is
included allowing the Department to transfer up to 4 percent
between activities upon notification. Transfers may be made in
excess of 4 percent upon approval of the House and Senate
Appropriations Committees. Funds are to be allocated as
follows:
Executive Direction..........................................$21,983,000
Economic Policies and Programs................................46,249,000
Financial Policies and Programs...............................48,080,000
Terrorism and Financial Intelligence..........................64,611,000
Treasury-wide Management Policies and Programs................22,679,000
Administration Programs.......................................99,786,000
The Committee includes in its recommendation $258,000 for
unforeseen emergencies; $6,787,000 for the Treasury-wide
Financial Statement Audit and Internal Control program, which
is available until September 30, 2011; $3,000,000 for
information technology modernization requirements, which is
available until September 30, 2011; $500,000 for secure space
requirements, which is available until September 30, 2011;
$3,400,000 for development and implementation of programs
within the Office of Critical Infrastructure Protection and
Compliance Policy, which is available until September 30, 2012;
$3,000,000 for modernization of the Office of Debt Management's
information technology, which is available until September 30,
2012; and $200,000 for official reception and representation
expenses.
OPERATING PLAN
The Committee directs the Department, upon enactment of the
fiscal year 2010 Appropriations Act, to submit an operating
plan for the fiscal year 2010 resources provided to the
Department, including all offices and bureaus, not more than 60
days after enactment of this Act. This requirement is further
addressed by section 608 of this Act. The plan must include
information on program increases and major procurements at the
Department. The operating plan should incorporate input from
all senior level managers of the Department, and once
submitted, the final plan should be made available to those
managers.
FINANCIAL EDUCATION
Within the Financial Policies and Programs budget activity,
the Committee provides an increase of $500,000 above the amount
assumed in the President's request for the Department's Office
of Financial Education. The Committee directs that this
increase be specifically targeted toward further increasing
financial education efforts aimed at elementary schools and
high schools.
TAX CODE CARBON AUDIT
Within the Economic Policies and Programs budget activity,
the Committee provides $1,500,000 for a comprehensive carbon
audit of the Internal Revenue Code, as authorized by Public Law
110-343, subtitle B, section 117, which directs the Secretary
of the Treasury to ``enter into an agreement with the National
Academy of Sciences to undertake a comprehensive review of the
Internal Revenue Code of 1986 to identify the types of and
specific tax provisions that have the largest effects on carbon
and other greenhouse gas emissions and to estimate the
magnitude of those effects.''
SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF PROGRAM
The Emergency Economic Stabilization Act provides the
Special Inspector General for the Troubled Asset Relief Program
(SIGTARP) an operating budget of $50,000,000. This office is
responsible for overseeing potentially trillions of dollars of
spending in the formulation of TARP programs, auditing existing
TARP programs, and investigating waste, fraud, and abuse.
The Committee is pleased that the budget request states
that the future funding needs for the SIGTARP are under review
and that additional funding will be requested if necessary.
However, the Committee is concerned that the review of the
SIGTARP funding requirements is being conducted outside of the
normal budget process. If the Administration determines
additional funds are needed for fiscal year 2010, the Committee
urges the submission of a fiscal year 2010 budget amendment
well before the conclusion of the current fiscal year. In
addition, the Committee is interested in the level of effort
other Federal agencies are providing to the SIGTARP to advance
this important mission. The Committee expects, as part of the
SIGTARP quarterly reporting to Congress, that information be
included on the cooperation and level of effort that other
Federal agencies, such as the Department of Justice, the
Securities and Exchange Commission, the Internal Revenue
Service and others, are contributing to protect the integrity
of TARP programs.
DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2009............ $26,975,000
Budget request, fiscal year 2010........... 9,544,000
Recommended in the bill.................... 9,544,000
Bill compared with:
Appropriation, fiscal year 2009........ -17,431,000
Budget request, fiscal year 2010....... - - -
The Department-wide Systems and Capital Investments
Programs appropriation funds the modernization of Treasury
business processes and increases in Department-wide systems
efficiency through technology investments for systems that
involve more than one Treasury bureau or Treasury's interface
with other governmental agencies.
COMMITTEE RECOMMENDATION
The Committee recommends $9,544,000 for Department-wide
Systems and Capital Investments Programs, the same as the
budget request and $17,431,000 below the amounts provided in
fiscal year 2009. Funds are available until September 30, 2012.
Of the funds provided, $4,544,000 is for repairs to the
Treasury Annex Building, as requested.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
Appropriation, fiscal year 2009............ $26,125,000
Budget request, fiscal year 2010........... 26,700,000
Recommended in the bill.................... 29,700,000
Bill compared with:
Appropriation, fiscal year 2009........ +3,575,000
Budget request, fiscal year 2010....... +3,000,000
The Office of Inspector General provides agency-wide audit
and investigative functions to identify and correct operational
and administrative deficiencies which create conditions for
existing or potential instances of fraud, waste, and
mismanagement. The audit function provides program, contract,
and financial statement audit services. Contract audits provide
professional advice to agency contracting officials on
accounting and financial matters relative to negotiation,
award, administration, repricing, and settlement of contracts.
Program audits review and evaluate all facets of agency
operations. Financial statement audits assess whether financial
statements fairly present the agency's financial condition and
results of operations, the adequacy of accounting controls, and
compliance with laws and regulations. The investigative
function provides for the detection and investigation of
improper and illegal activities involving programs, personnel,
and operations.
COMMITTEE RECOMMENDATION
The Committee recommends $29,700,000 for the Office of
Inspector General (OIG), $3,000,000 above the budget request
and $3,575,000 above the amounts provided in fiscal year 2009.
The increase above the request is needed to enable the OIG to
perform both its core audit and investigation duties as well as
mandated material loss reviews of failed banks under the
jurisdiction of the Office of the Comptroller of the Currency
and the Office of Thrift Supervision. The bill also includes up
to $2,000,000 for official travel expenses, up to $2,500 for
official reception and representation expenses, and up to
$100,000 for unforeseen emergencies.
TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION
SALARIES AND EXPENSES
Appropriation, fiscal year 2009............ $146,083,000
Budget request, fiscal year 2010........... 149,000,000
Recommended in the bill.................... 149,000,000
Bill compared with:
Appropriation, fiscal year 2009........ +2,917,000
Budget request, fiscal year 2010....... - - -
The Internal Revenue Service (IRS) Restructuring and Reform
Act of 1998 established the Office of Treasury Inspector
General for Tax Administration (TIGTA) and abolished the IRS
Office of the Chief Inspector. TIGTA conducts audits,
investigations, and evaluations to assess the operations and
programs of the IRS and its related entities, the IRS Oversight
Board, and the Office of Chief Counsel. The purpose of those
audits and investigations is as follows: (1) to promote the
economic, efficient, and effective administration of the
nation's tax laws and to detect and deter fraud and abuse in
IRS programs and operations; and (2) to recommend actions to
resolve fraud and other serious problems, abuses, and
deficiencies in these programs and operations.
COMMITTEE RECOMMENDATION
The Committee recommends $149,000,000 for the Treasury
Inspector General for Tax Administration, the same as the
budget request and $2,917,000 above the amounts provided in
fiscal year 2009. The bill includes $6,000,000 for official
travel expenses, $1,500 for official reception and
representation expenses, and up to $500,000 for unforeseen
emergencies.
Financial Crimes Enforcement Network
SALARIES AND EXPENSES
Appropriation, fiscal year 2009............ $91,465,000
Budget request, fiscal year 2010........... 102,760,000
Recommended in the bill.................... 102,760,000
Bill compared with:
Appropriation, fiscal year 2009........ +11,295,000
Budget request, fiscal year 2010....... - - -
The Financial Crimes Enforcement Network (FinCEN) is
responsible for implementing Treasury's anti-money laundering
regulations through administration of the Bank Secrecy Act
(BSA), 31 U.S.C. section 5311, et seq. It also serves as a U.S.
Government source for the systematic collection and analysis of
information to assist in the investigation of money laundering
and other financial crimes. FinCEN supports law enforcement
investigative efforts by Federal, state, local and
international agencies, and fosters interagency and global
cooperation against domestic and international financial
crimes. It also provides U.S. policymakers with strategic
analyses of domestic and worldwide trends and patterns. It
works to prevent money laundering through its regulatory and
outreach programs, including setting policy for and overseeing
BSA compliance by financial institutions, and by providing BSA
training for law enforcement, bankers, and bank regulators.
COMMITTEE RECOMMENDATION
The Committee recommends $102,760,000 for FinCEN, the same
as the budget request and $11,295,000 above the amount provided
in fiscal year 2009. Of the amount provided, $9,316,000 is
available until September 30, 2011, for regulatory support
programs, and $26,085,000 is available until September 30,
2012, for information technology and special analytical
initiatives.
The BSA data compiled and analyzed by FinCEN is a critical
tool used by law enforcement and the intelligence community
investigating money laundering, mortgage fraud, drug cartels,
terrorist financing and numerous other financial crimes. The
Committee recognizes that FinCEN needs to modernize its
information technology capabilities in order to maximize its
operations and support of Federal, state and local law
enforcement along with the intelligence community. The
recommendation includes the $10,000,000 requested increase for
information technology modernization. However, the Committee is
concerned that FinCEN failed in its last attempt to upgrade its
IT systems, at great expense to the taxpayer. The Committee
expects the Department to vigorously oversee this effort to
ensure its success. The Committee recognizes that this is a
multi-year modernization effort and supports additional funding
being made available to this effort from the Treasury Asset
Forfeiture Fund in order to accelerate the modernization, if
funds are available and warranted.
Treasury Forfeiture Fund
(RESCISSION)
Appropriation, fiscal year 2009....................... -$30,000,000
Budget request, fiscal year 2010...................... -50,000,000
Recommended in the bill............................... -50,000,000
Bill compared with:
Appropriation, fiscal year 2009................... -20,000,000
Budget request, fiscal year 2010.................. - - -
COMMITTEE RECOMMENDATION
The bill includes the requested rescission of $50,000,000
of unobligated balances in the Treasury Forfeiture Fund.
Financial Management Service
SALARIES AND EXPENSES
Appropriation, fiscal year 2009....................... $239,785,000
Budget request, fiscal year 2010...................... 244,132,000
Recommended in the bill............................... 244,132,000
Bill compared with:
Appropriation, fiscal year 2009................... +4,347,000
Budget request, fiscal year 2010.................. - - -
The Financial Management Service (FMS) is responsible for
the management of Federal finances and the collection of
Federal debt. As the Federal 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 operate the Government's cash
management, credit management, and debt collection programs.
Pursuant to the Debt Collection Improvement Act of 1996, FMS
became the primary agency for collecting Federal non-tax debt
that is due and owed to the Government and coordinating efforts
to collect debt from those who have defaulted on agreements
with the Federal Government.
COMMITTEE RECOMMENDATION
The Committee recommends $244,132,000 for the Financial
Management Service, the same as the budget request and
$4,347,000 above the amounts provided in fiscal year 2009. Of
the funds provided, the bill provides up to $9,220,000 for
information systems modernization initiatives, which is
available until September 30, 2012, and $2,500 for official
reception and representation expenses.
The Committee recognizes that Federal Government deficit
spending and the low rate of private U.S. saving have required
the Treasury to sell to investors outside the United States to
meet its current funding needs. In order to accurately report
Federal finances to the public more completely in its primary
monthly statistical release, the Committee requests that the
Financial Management Service include in its Monthly Treasury
Statement the amounts of Treasury securities sold to foreign
investors in the most recent month of available data, as well
as a breakdown, by country, of foreign ownership.
Alcohol and Tobacco Tax and Trade Bureau
SALARIES AND EXPENSES
Appropriation, fiscal year 2009....................... $99,065,000
Budget request, fiscal year 2010...................... 105,000,000
Recommended in the bill............................... 99,500,000
Bill compared with:
Appropriation, fiscal year 2009................... +435,000
Budget request, fiscal year 2010.................. -5,500,000
The Alcohol and Tobacco Tax and Trade Bureau (TTB) is
responsible for the enforcement of laws designed to eliminate
certain illicit activities and to regulate lawful activities
relating to distilled spirits, beer, wine and nonbeverage
alcohol products, and tobacco. TTB focuses on collecting
revenue; reducing taxpayer burden and improving service while
preventing diversion; and protecting the public and preventing
consumer deception in certain regulated commodities.
COMMITTEE RECOMMENDATION
The Committee recommends $99,500,000 for the Alcohol and
Tobacco Tax and Trade Bureau, $5,500,000 below the level of the
budget request and $435,000 above the amount provided in fiscal
year 2009. Within the amount provided, the bill includes up to
$6,000 for official reception and representation expenses and
up to $50,000 for cooperative research and development
programs, as requested. The recommendation does not, however,
include the requested language to implement an annual licensing
and registration fee program to help fund the bureau's
operations. Consequently, the recommendation also does not
include the $5,500,000 assumed in the budget request to cover
costs associated with implementing the licensing and
registration fee program.
United States Mint
UNITED STATES MINT PUBLIC ENTERPRISE FUND
The United States Mint manufactures coins, receives
deposits of gold and silver bullion, and safeguards the Federal
Government's holdings of monetary metals. In 1997, Congress
established the United States Mint Public Enterprise Fund
(Public Law 104-52), which authorized the Mint to use proceeds
from the sale of coins to finance the costs of its operations
and consolidated all existing Mint accounts into a single fund.
Public Law 104-52 also provided that, in certain situations,
the levels of capital investments for circulating coins and
protective services shall factor into the decisions of the
Congress such that those levels compete with other requirements
for funding.
COMMITTEE RECOMMENDATION
The Committee recommends a spending level for capital
investments by the Mint for circulating coinage and protective
services of $26,700,000, the same as the budget request and
$15,450,000 below the fiscal year 2009 spending level. The
following table provides basic information on the revenues,
costs, and products of the Mint for fiscal years 2008 through
2010:
UNITED STATES MINT
Revenues, Costs, and Products FY 2008-FY 2010, from the FY 2010 President's Budget
----------------------------------------------------------------------------------------------------------------
Commemorative
Circulating Coins Quarters Numismatic/Bullion Protection
----------------------------------------------------------------------------------------------------------------
2008 (Actual):
Number of coins............. 7.5 billion........ 2.5 billion........ .................. ................
Cost of Operations.......... $560 million....... $378 million....... $1,077 million.... $43 million
Revenue*.................... $667 million....... $628 million....... $1,506 million....
2009 (Est.):
Number of coins............. 7.7 billion........ 1.7 billion........ .................. ................
Cost of Operations.......... $548 million....... $61 million........ $1,447 million.... $47 million
Revenue*.................... $957 million....... $104 million....... $1,519 million....
2010 (Est.):
Number of coins............. 8.5 billion........ 0.0 billion........ .................. ................
Cost of Operations.......... $588 million....... $0 million......... $1,396 million.... $48 million
Revenue*.................... $1,027 million..... $0 million......... $1,422 million....
Net Revenue (FY 2010)**. $439 million....... $0 million......... $27 million....... ($48) million
----------------------------------------------------------------------------------------------------------------
*Revenue estimates here are shown as the face value of circulating coins and quarters, and the sales of
numismatic/bullion coins. In budgetary terms, this corresponds to the total earned revenues plus total other
financing sources.
**Net Revenue shown here is calculated as the difference between Revenue and Cost of Operations in FY 2010. In
budgetary terms this represents circulating coinage seigniorage and numismatic program profit.
Bureau of the Public Debt
ADMINISTERING THE PUBLIC DEBT
Appropriation, fiscal year 2009....................... $177,352,000
Budget request, fiscal year 2010...................... 182,244,000
Recommended in the bill............................... 182,244,000
Bill compared with:
Appropriation, fiscal year 2009................... +4,892,000
Budget request, fiscal year 2010.................. - - -
The Bureau of the Public Debt is responsible for the
conduct of all public debt operations and the promotion of the
sale of U.S. securities.
COMMITTEE RECOMMENDATION
The Committee recommends $192,244,000 for Administering the
Public Debt, the same as the budget request and $4,892,000
above the amounts provided in fiscal year 2009. Of this amount,
the Committee recommends $2,500 for official reception and
representation expenses, and $2,000,000 for systems
modernization, which is available until September 30, 2012.
Language is included that reduces the total amount by no more
than $10,000,000 as definitive security issue fees and Treasury
Direct Investor Account Maintenance fees are collected, so as
to result in a final fiscal year 2010 appropriation of
$182,244,000.
Community Development Financial Institutions Fund Program Account
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2009....................... $107,000,000
Budget request, fiscal year 2010...................... 243,600,000
Recommended in the bill............................... 243,600,000
Bill compared with:
Appropriation, fiscal year 2009................... +136,600,000
Budget request, fiscal year 2010.................. - - -
The Community Development Financial Institutions (CDFI)
Fund provides grants, loans, equity investments, and technical
assistance, on a competitive basis, to new and existing CDFIs
such as community development banks, community development
credit unions, and housing and microenterprise loan funds.
Recipients use the funds to support mortgage, small business
and economic development lending in underserved and distressed
neighborhoods and to support the availability of financial
services in these neighborhoods. The Fund is also responsible
for implementation of the Community Renewal Tax Relief Act of
2000.
COMMITTEE RECOMMENDATION
The Committee recommends $243,600,000 for the CDFI Fund
program, the same as the request and $136,600,000 above the
amount provided in fiscal year 2009. The Committee strongly
supports the CDFI Fund program and notes that CDFIs have used
their financial and technical assistance awards under this
program to expand their ability to offer loans, investments,
and other financial services in underserved communities. As a
result, each dollar awarded under this program leverages an
average of approximately fifteen dollars in additional private
investment in underserved communities.
Of the funds provided, $18,000,000 is for administrative
costs of the program, $10,000,000 is for Native American
Initiatives, $22,000,000 is for the Bank Enterprise Award
Program, and $1,000,000 is for the financial counseling grants
pilot program established by section 1132(d) of division A of
the Housing and Economic Recovery Act of 2008 (Public Law 110-
289).
In addition, $80,000,000, as requested, is included to
begin the work of the Capital Magnet Fund (CMF), established by
the Housing and Economic Recovery Act of 2008 (Public Law 110-
289). This is designed to be a competitive grant program for
CDFIs and nonprofit organizations to help attract private
capital for, and increase investment in, the development,
preservation, rehabilitation, and purchase of affordable
housing for low-income families, and related economic
development activities. As initially conceived, the CMF was to
be capitalized through proceeds from the Federal National
Mortgage Association (Fannie Mae) and the Federal Home Loan
Mortgage Corporation (Freddie Mac). Given that funds will not
be available through this avenue in the near term, the bill
provides the requested funds to begin the program.
The Committee notes that poverty, lack of economic
opportunity, and lack of low-cost financial services continue
to be problems across much of the nation, particularly in many
Hispanic-American, African-American, Native American, Asian
American, Pacific Islander, Alaskan Native, and other minority
communities. The Committee appreciates the ongoing efforts of
the CDFI Fund to work to remedy the particular problems in
these communities and strongly encourages the CDFI Fund to
continue to place a heavy emphasis on these efforts.
Bureau of Engraving and Printing
The Bureau of Engraving and Printing (BEP) designs,
manufactures, and supplies Federal Reserve notes, various
public debt instruments, as well as most evidences of a
financial character issued by the U.S., such as postage and
internal revenue stamps. The BEP also executes certain
printings for various territories administered by the U.S.,
particularly postage and revenue stamps.
The operations of the BEP are financed by a revolving fund
established in accordance with the provisions of Public Law 81-
656, August 4, 1950 (31 U.S.C. 181), which requires the BEP to
be reimbursed by customer agencies for the costs of all
manufacturing products and services performed. The BEP is also
authorized to assess amounts to acquire capital equipment and
provide for working capital needs. The anticipated work volume
is based on estimates of requirements submitted by agencies
served. The following table summarizes BEP revenue and expense
data for fiscal years 2008 through 2010:
BUREAU OF ENGRAVING AND PRINTING REVENUE AND COSTS
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
FY 2008 FY 2009 FY 2010
------------------------------------------------ % Change FY
Description Estimated Estimated 2009 to FY
Actual Amount Amount Amount 2010
----------------------------------------------------------------------------------------------------------------
Revenue:
Federal Reserve Notes....................... $531,200 $573,650 $584,000 1.8%
Other Security Products..................... 7,000 7,000 7,000 0.0%
---------------------------------------------------------------
Total Revenue............................... $538,200 $580,650 $591,000 1.8%
===============================================================
Expenses:
Direct Manufacturing:
Paper and Ink........................... $155,000 $163,000 $165,000 1.2%
Direct Labor............................ 86,250 90,000 94,500 5.0%
Other Direct Mfg Costs.................. 7,500 7,500 7,500 0.0%
---------------------------------------------------------------
Subtotal Direct Manufacturing Costs. 248,750 260,500 267,000 2.5%
Indirect Manufacturing Support.............. 227,950 259,150 263,000 1.5%
---------------------------------------------------------------
Total Manufacturing Activity Costs...... 476,700 519,650 530,000 2.0%
===============================================================
Total Protection & Accountability of Assets 61,500 61,000 61,000 0.0%
Activity Costs.................................
---------------------------------------------------------------
Total Expenses.............................. $538,200 $580,650 $591,000 1.8%
Net Results..................................... $0 $0 $0
Federal Reserve Notes Manufactured (in Billions) 7.7 6.8 7.2 5.9%
----------------------------------------------------------------------------------------------------------------
Internal Revenue Service
TAXPAYER SERVICES
Appropriation, fiscal year 2009....................... $2,293,000,000
Budget request, fiscal year 2010...................... 2,269,830,000
Recommended in the bill............................... 2,273,830,000
Bill compared with:
Appropriation, fiscal year 2009................... -19,170,000
Budget request, fiscal year 2010.................. +4,000,000
The Taxpayer Services appropriation provides for taxpayer
services, including forms and publications; processing tax
returns and related documents; filing and account services;
taxpayer advocacy services; and assisting taxpayers to
understand their tax obligations, correctly file their returns,
and pay taxes due in a timely manner.
COMMITTEE RECOMMENDATION
The Committee recommends $2,273,830,000 for Taxpayer
Services, an increase of $4,000,000 above the request. The
Committee notes that, while the overall funding level is
$19,170,000 below the amount provided in fiscal year 2009, this
reduction is possible due to a base reduction of more than
$60,000,000 in one-time, non-recurring costs associated with
taxpayer services in connection with the Economic Stimulus Act
of 2008 (Public Law 110-185). In addition, within the overall
amount, the Pre-filing Taxpayer Assistance and Education budget
activity is increased from $661,000,000 in fiscal year 2009 to
$680,063,000 in fiscal year 2010.
Of the funds provided, the Committee recommends not less
than $10,000,000 for low-income taxpayer clinic grants and not
less than $5,100,000 for the Tax Counseling for the Elderly
Program. The recommendation also includes not less than
$9,000,000 for Community Volunteer Income Tax Assistance
matching grants and not less than $205,800,000 for operating
expenses of the Taxpayer Advocate Service, an increase of
$3,500,000 above the amount assumed in the budget request.
TAXPAYER SERVICE AND THE TAXPAYER ASSISTANCE BLUEPRINT
The Committee continues to strongly support the IRS to
provide quality services via all its modes of service--
including the toll-free hotline, web site, IRS walk-in sites,
and outreach and education efforts--to help taxpayers comply
with their tax filing obligations. The Committee also strongly
supports the work of the IRS in continuing to develop its
Congressionally-mandated taxpayer service plan, known as the
Taxpayer Assistance Blueprint (TAB). The blueprint will help
the IRS to develop a better understanding of taxpayer and
partner needs, preferences, and behaviors. While the IRS Small
Business/Self-Employed Division's research office has taken on
several TAB projects and other related research on the
characteristics and needs of small business taxpayers, the IRS
Taxpayer Advocate has noted that the IRS has not integrated
small business, self-employed, and tax-exempt and government
entities taxpayers into the TAB. The Taxpayer Advocate has
recommended that the TAB be expanded to encompass these
additional categories of taxpayers, and the Committee urges the
IRS to continue to expand upon its TAB-related work with regard
to small business and self-employed taxpayers and tax-exempt
and government entities, and to include these additional
categories in the annual IRS update to the TAB. The Committee
continues its direction that the IRS, in conjunction with the
IRS Oversight Board and the IRS Taxpayer Advocate, report to
the Committee with an annual update to the TAB, within 90 days
of enactment of this Act.
IRS 1-800 HELP LINE
The Committee commends the IRS for its work in assisting
the millions of taxpayers each year who seek assistance via the
IRS 1-800 help lines. This work was especially critical in
2008, as the IRS received a huge increase in the volume of
phone calls, primarily due to questions about the economic
stimulus payments provided by the Economic Stimulus Act of 2008
(Public Law 110-185). Despite strong efforts by the IRS to
maintain quality service on the phone lines, the overall Level
of Service (i.e., among callers seeking to reach a live IRS
assistor, the percentage who were able to do so) fell from 82
percent in fiscal year 2007 to 53 percent in fiscal year 2008,
though this was primarily due to the sheer volume of the
increase in phone calls from taxpayers. In addition, as GAO has
noted, several million taxpayers in the last two years either
received busy signals or were disconnected by the IRS. Looking
ahead, the Committee is concerned that the IRS budget
submission specifies that the IRS is planning on achieving a
Level of Service on the 1-800 help lines of just 71.2 percent
for fiscal year 2010.
The IRS web site has grown in use in recent years, and for
millions of taxpayers, the IRS web site can and does serve as
an effective alternative to the IRS phone lines. At the same
time, however, the need for IRS service via the toll-free
hotline is still very real, as was demonstrated by the high
call volume in 2008 and continued high volume during the 2009
tax filing season. In addition, while internet access continues
to grow throughout the country, a ``digital divide'' is still
very much in evidence. Thirty percent of the U.S. population
does not have internet access, and this is a particular problem
among low-income taxpayers, who need and should continue to
have other means for contacting the IRS. The Committee notes
that 40 percent of the U.S. population lives more than a 30
minute drive from an IRS walk-in site, making the 1-800 help
lines an essential means for contacting the IRS in a convenient
and timely manner. The Committee strongly urges the IRS to
continue to place an emphasis on improving the Level of Service
on the IRS 1-800 help lines. This subject is further addressed
in section 104 of the bill.
TAX REFUNDS FOR THE UNBANKED
The Committee is concerned about the continued problem of
barriers to low-cost financial services in disadvantaged
communities, and of the millions of taxpayers who lack bank
accounts and often rely on high interest-rate products such as
payday loans and refund anticipation loans. For taxpayers
claiming the Earned Income Tax Credit, a lack of a bank account
(and thus the lack of a direct deposit option) can lead to
substantial delays in receiving this important credit. As the
IRS Taxpayer Advocate has noted recently, most taxpayers would
probably forego Refund Anticipation Loans if they could receive
their refunds more quickly. For taxpayers without bank
accounts, the Taxpayer Advocate has recommended, among other
things, that the IRS evaluate existing stored value card
programs to distribute government benefits, with particular
emphasis on the experience of the Financial Management
Service's Direct Express Program to distribute Social Security
benefits. The Committee is pleased that the IRS has begun
exploring ways to address this problem and encourages the IRS
to keep the Committee informed of any future plans in this
area.
LANGUAGE SERVICES
The Committee strongly supports the ongoing efforts of the
IRS to address the needs of Limited English Proficient (LEP)
taxpayers. Significant numbers of taxpayers do not speak
English at home, and ensuring clear IRS communication with LEP
taxpayers is essential to helping them navigate the
complexities of the tax code and comply with tax filing
obligations. For example, in January 2008, the IRS established
a Spanish language version of the ``Where's My Refund?''
feature on the IRS web site. In addition, the IRS has
implemented a multi-pronged approach to improving the accuracy
and level of service to the Spanish-speaking population on the
IRS toll-free telephone lines. The Committee encourages the IRS
to continue working to address the recommendations of the IRS
Taxpayer Advocate in this area, by translating into additional
languages a broader range of forms, education and outreach
materials, and examination and collection notices.
ENFORCEMENT
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2009....................... $5,117,267,000
Budget request, fiscal year 2010...................... 5,504,000,000
Recommended in the bill............................... 5,504,000,000
Bill compared with:
Appropriation, fiscal year 2009................... +386,733,000
Budget request, fiscal year 2010.................. - - -
The Enforcement appropriation provides for the examination
of tax returns, both domestic and international; the
administrative and judicial settlement of taxpayer appeals of
examination findings; technical rulings; monitoring employee
pension plans; determining qualifications of organizations
seeking tax-exempt status; examining tax returns of exempt
organizations; enforcing statutes relating to detection and
investigation of criminal violations of the internal revenue
laws; identifying underreporting of tax obligations; securing
unfiled tax returns; and collecting unpaid accounts.
COMMITTEE RECOMMENDATION
The Committee recommends $5,504,000,000 for Enforcement,
the same as the request and $386,733,000 above the amounts
provided in fiscal year 2009. Of the funds provided, the
Committee recommends $59,206,000 to support IRS activities
under the Interagency Crime and Drug Enforcement program and
allows up to $10,000,000 to be transferred to Operations
Support for the purposes of the Interagency Crime and Drug
Enforcement program. In addition, up to $126,500 is for
official reception and representation expenses associated with
the hosting of the Leeds Castle Group meeting in the United
States in 2010. The Leeds Castle Group, first established in
2006, is an arrangement under which the tax administrations of
many of the world's largest countries meet regularly to
consider and discuss issues of global and national tax
administration in their respective countries, particularly
mutual compliance challenges.
EARNED INCOME TAX CREDIT
The Committee appreciates the efforts of the IRS in working
to eliminate unnecessary delays in the issuance of Earned
Income Tax Credit (EITC) refunds. The Committee urges the IRS
to continue to work to ensure that legitimate EITC refunds are
not frozen or delayed, as such refunds comprise a significant
portion of the eligible taxpayer's annual income.
TAXPAYERS FACING ECONOMIC DISTRESS AS A RESULT OF ENFORCEMENT ACTIONS
The Committee recognizes that the IRS faces a
responsibility to enforce the tax law to help address the ``tax
gap,'' that is, the difference between the amount of taxes owed
and the amount actually paid on time. At the same time, the
Committee also notes that, especially during an economic
downturn though also at other times as well, the IRS must
balance its enforcement responsibilities with an obligation to
be fair and compassionate toward taxpayers and their families
who, for whatever reason, are experiencing economic distress
and are unable to pay their tax bills. The IRS Taxpayer
Advocate, in her 2008 report, has expressed concern that IRS
guidance provides little direction to help IRS employees
identify taxpayers who are experiencing economic hardship, and
that the IRS underutilizes collection alternatives,
particularly offers in compromise and partial pay installment
agreements. The Committee is encouraged that the IRS is working
to address this issue, by reminding employees of their ability
to offer installment agreements at the end of an audit,
postponing certain collection actions, adding flexibility in
cases of missed installment agreement payments, and other
actions. The Committee encourages IRS to continue efforts to
ensure that enforcement actions do not cause unnecessary
distress for taxpayers and their families facing difficult
economic circumstances.
PAID PREPARERS
The Committee notes that paid preparers play a major role
in the system of tax administration, as more than 60 percent of
all individual tax returns involve paid preparers. The vast
majority of preparers are law abiding, and as GAO has reported,
inaccuracies on preparers' returns are not necessarily the
fault of the preparer. Yet, as the IRS Taxpayer Advocate has
noted, a growing amount of qualitative research identifies
significant preparer misconduct, including misconduct that
would potentially trigger the IRS imposing civil or criminal
penalties. TIGTA has noted that the IRS, with its current
processes, cannot determine how many complaints against tax
return preparers it receives, how many complaints are
investigated, or the total number of multiple complaints
against a specific firm or preparer. TIGTA further notes that
taxpayer complaints about tax return preparers can provide
valuable information about understanding root causes of
taxpayer problems, identify areas of noncompliance, and help
the IRS address core processes that need improvement.
The Committee is encouraged by the recent announcement by
the IRS that by the end of 2009, the IRS will propose a
comprehensive set of recommendations to help IRS better
leverage the tax return preparer community with the twin goals
of increasing taxpayer compliance and ensuring uniform and high
ethical standards of conduct for tax preparers. The Committee
strongly appreciates the work of the IRS in this regard and
looks forward to the recommendations of the IRS pertaining to
paid preparers.
SEIZURE OF TAX RETURNS
The Committee is following with interest the case involving
local law enforcement using a search warrant to obtain
thousands of tax returns from a local tax preparer. The
Committee notes that the IRS requires everyone, regardless of
immigration status, to pay taxes on income earned in this
country, and the protection of tax return information from
inappropriate disclosure is an important feature of the
Internal Revenue Code. The Committee encourages the IRS to work
with law enforcement, tax preparers, and others to reiterate
the importance of maintaining the privacy of tax return
information.
OPERATIONS SUPPORT
Appropriation, fiscal year 2009....................... $3,867,011,000
Budget request, fiscal year 2010...................... 4,082,984,000
Recommended in the bill............................... 4,082,984,000
Bill compared with:
Appropriation, fiscal year 2009................... +215,973,000
Budget request, fiscal year 2010.................. - - -
The Operations Support appropriation provides for overall
planning and direction of the IRS, including shared service
support related to facilities services, rent payments,
printing, postage, and security; other support functions that
are considered overhead but essential to the successful
operation of IRS programs including resources for headquarters
management activities, including IRS-wide support for strategic
planning, communications and liaison, finance, human resources,
EEO and diversity; research and statistics of income; and
necessary expenses for information systems and
telecommunication support, including developmental information
systems and operational information systems.
COMMITTEE RECOMMENDATION
The Committee recommends $4,082,984,000 for Operations
Support, the same as the request and $215,973,000 above the
amounts provided in fiscal year 2009. Of the funds provided,
not less than $2,000,000 is for the IRS Oversight Board,
$25,000 is for official reception and representation expenses,
$1,000,000 is available until September 30, 2012 for research,
and up to $75,000,000 is available until September 30, 2011 for
information technology support.
INFORMATION SECURITY
Since the IRS processes and maintains personally
identifiable information for more than 130 million taxpayers,
the security of this information, and of the systems containing
the information, is of paramount importance. As TIGTA has
noted, internal factors, such as the increased connectivity of
computer systems and greater use of portable laptop computers,
and external factors, such as the volatile threat environment
related to increased phishing scams and hacker activity,
contribute to the risk that sensitive data could be
compromised.
The IRS has taken several important steps to protect
taxpayer data. For example, as TIGTA notes, it has established
a Security Services and Privacy Executive Steering Committee to
serve as the primary governance body for all matters relating
to security and privacy issues in the IRS. It has made steady
progress each year in complying with the requirements of the
Federal Information Security Management Act. In addition, IRS
has established an office of Privacy, Information Protection
and Data Security to: (1) improve public, preparer and external
stakeholder awareness of privacy policies, procedures, and
general information, and (2) improve the IRS response to
taxpayers and practitioners who fall victim to data loss
incidents, identity theft, or online fraud.
However, a recent GAO assessment showed that many
previously identified information security weaknesses at the
IRS remain unresolved. The analysis showed that the IRS has not
yet fully implemented its agencywide information security
program to ensure that controls are appropriately designed and
operating effectively. Specifically, IRS did not annually
review risk assessments for certain systems, comprehensively
test for certain controls, or always validate the effectiveness
of remedial actions.
The Committee is encouraged that the IRS is continuing work
to address uncorrected weaknesses and is developing a plan: (1)
to ensure that risk assessments for IRS systems are reviewed at
least annually, and (2) to implement steps to improve the
testing and evaluation of controls. The Committee expects and
looks forward to continued improvements in the information
security posture of the IRS, including efforts to address the
recommendations of GAO and TIGTA.
BUSINESS SYSTEMS MODERNIZATION
Appropriation, fiscal year 2009....................... $229,914,000
Budget request, fiscal year 2010...................... 253,674,000
Recommended in the bill............................... 253,674,000
Bill compared with:
Appropriation, fiscal year 2009................... +23,760,000
Budget request, fiscal year 2010.................. - - -
The Business Systems Modernization appropriation provides
funding to modernize key business systems of the Internal
Revenue Service.
COMMITTEE RECOMMENDATION
The Committee recommends $253,674,000 for Business Systems
Modernization (BSM), the same as the budget request and
$23,760,000 above the amounts provided in fiscal year 2009.
Consistent with previous years, the release of the funds, with
the exception of funding for labor costs, is subject to the
approval by the Committees on Appropriations of a GAO-reviewed
expenditure plan. The Department is directed to notify the
Committee, within seven days, if BSM management funds are
reallocated to the capital asset acquisition program.
The Committee is encouraged that the IRS has addressed two
of GAO's prior recommendations to improve its management
capabilities and controls, including a recommendation to
develop policies and procedures for developing and managing
project requirements. However, GAO has noted that work remains
in order to fully implement other recommendations, including
developing long-term plans for completing BSM and consolidating
and retiring legacy systems; developing a quantitative measure
of scope; and developing detailed plans for addressing the
various IRS human capital initiatives. The Committee urges IRS,
as it moves forward with its revised plans for BSM, to continue
working to meet these recommendations.
The IRS has continued to implement BSM projects and to meet
cost and schedule estimates for most deliverables. However, GAO
reported that six out of the ten recent BSM development
milestones were reported by the IRS as having been completed
despite having unaddressed issues. GAO has recommended that the
IRS direct that procedures be defined for determining when to
grant conditional milestone exits. The Committee is encouraged
that the IRS has agreed with this recommendation and has
outlined steps it plans to take, including strengthening its
governance processes to emphasize the prevention of premature
milestone exits, as well as updating the Milestone Exit Review
procedures as necessary.
Finally, the Committee remains greatly concerned about the
findings of GAO and TIGTA, showing that security weaknesses
continue to affect the IRS modernization environment. TIGTA
reported that two recent tax administration systems were
deployed with known security vulnerabilities relating to the
protection of sensitive data, system access, and disaster
recovery. The Committee is encouraged that the IRS is working
to implement TIGTA's recent recommendations in this area. The
Committee expects and looks forward to vigorous IRS efforts to
address and resolve potential system security vulnerabilities
as BSM moves forward.
HEALTH INSURANCE TAX CREDIT ADMINISTRATION
Appropriation, fiscal year 2009....................... $15,406,000
Budget request, fiscal year 2010...................... 15,512,000
Recommended in the bill............................... 15,512,000
Bill compared with:
Appropriation, fiscal year 2009................... +106,000
Budget request, fiscal year 2010.................. - - -
The Health Insurance Tax Credit Administration (HITCA)
appropriation provides contractor support to develop and
administer the advance payment option for the health insurance
tax credit included in Public Law 107-210, the Trade Act of
2002, as amended by Public Law 111-5.
COMMITTEE RECOMMENDATION
The Committee recommends $15,512,000 for Health Insurance
Tax Credit Administration, the same as the budget request and
$106,000 above the amount provided in fiscal year 2009.
The Committee notes that the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5) expanded the
eligibility for this program and included $80,000,000 in
supplemental appropriations to allow the IRS to cover the added
costs in fiscal years 2009 and 2010 associated with the
anticipated increase in program usage. The Committee directs
IRS to include, as part of the Operating Plan, revised data on
the projected increase in program usage as a result of the
recent changes in law.
Administrative Provisions--Internal Revenue Service
(INCLUDING TRANSFER OF FUNDS)
Section 101. The Committee continues a provision that
allows for the transfer of five percent (three percent in the
case of Enforcement) of any appropriation made available to the
IRS to any other IRS appropriation, upon the advance approval
of the Committees on Appropriations.
Section 102. The Committee continues a provision that
requires the IRS to maintain a training program in taxpayer
rights, dealing courteously with taxpayers, and cross-cultural
relations.
Section 103. The Committee continues a provision that
requires the IRS to institute and enforce policies and
procedures that will safeguard the confidentiality of taxpayer
information.
Section 104. The Committee continues a provision that makes
funds available for improved facilities and increased staffing
to provide efficient and effective 1-800 number help line
service for taxpayers.
Administrative Provisions--Department of the Treasury
(INCLUDING TRANSFER OF FUNDS)
Section 105. The Committee continues a provision that
allows the Department of the Treasury to purchase uniforms,
insurance, and motor vehicles without regard to the general
purchase price limitations, and enter into contracts with the
State Department for health and medical services for Treasury
employees in overseas locations.
Section 106. The Committee continues a provision that
authorizes transfers, up to two percent, between ``Departmental
Offices--Salaries and Expenses'', ``Office of the Inspector
General'', ``Financial Management Service'', ``Alcohol and
Tobacco Tax and Trade Bureau'', ``Financial Crimes Enforcement
Network'', and the ``Bureau of the Public Debt'' appropriations
under certain circumstances.
Section 107. The Committee continues a provision that
authorizes transfer, up to two percent, between the Internal
Revenue Service and the Treasury Inspector General for Tax
Administration under certain circumstances.
Section 108. The Committee continues a provision limiting
funds for the purchase of law enforcement vehicles unless the
purchase is consistent with vehicle management principles.
Section 109. The Committee continues a provision that
prohibits the Department of the Treasury from undertaking a
redesign of the one dollar Federal Reserve note. The Committee
understands that the Department is currently conducting a study
of various ways to help the visually-impaired to read currency,
including the one dollar note, and that this could lead to
future changes in the design of the one dollar note. The
Committee is supportive of efforts to assist the visually-
impaired and encourages the Department to keep the Committee
apprised of any developments in this regard which would require
the modification or elimination of this provision.
Section 110. The Committee continues a provision that
provides for transfers from and reimbursements to ``Financial
Management Service, Salaries and Expenses'' for the purposes of
debt collection.
Section 111. The Committee continues a provision extending
the pay demonstration program.
Section 112. The Committee continues a provision that
requires Congressional approval for the construction and
operation of a museum by the United States Mint.
Section 113. The Committee continues a provision
prohibiting funds in this Act from being used to merge the Mint
and the Bureau of Engraving and Printing without the approval
of the House and Senate committees of jurisdiction.
Section 114. The Committee includes a provision deeming
that funds for the Department of the Treasury's intelligence-
related activities are specifically authorized in fiscal year
2010 until enactment of the Intelligence Authorization Act for
fiscal year 2010.
Section 115. The Committee continues a provision permitting
the Bureau of Engraving and Printing to use $5,000 from the
Industrial Revolving Fund for reception and representation
expenses.
Section 116. The Committee includes a provision, requested
by the President, allowing the Treasury Department to establish
additional accounts for various bureaus involved in the
administration of refund payments.
TITLE II--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO
THE PRESIDENT
Funds appropriated in this title provide for the staff and
operations of the White House, along with other organizations
within the Executive Office of the President which formulate
and coordinate policy on behalf of the President such as the
National Security Council and the Office of Management and
Budget. The title also includes the Office of National Drug
Control Policy and certain expenses of the Vice President.
The Committee recommends a total appropriation of
$754,414,000 in title II--$26,381,000 more than the fiscal year
2009 level but $149,600,000 less than the budget request.
Compensation of the President
Appropriation, fiscal year 2009....................... $450,000
Budget request, fiscal year 2010...................... 450,000
Recommended in the bill............................... 450,000
Bill compared with:
Appropriation, fiscal year 2009................... - - -
Budget request, fiscal year 2010.................. - - -
These funds provide for the compensation of the President,
including an expense allowance as authorized by 3 U.S.C. 102.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $450,000 for
Compensation of the President, including an allowance of
$50,000 for official expenses. This is a mandatory
appropriation, set at the amounts established by authorizing
law and the same as appropriated in fiscal year 2009. The bill
specifies that any unused amount from the allowance for
expenses shall revert to the Treasury pursuant to 31 U.S.C.
1552.
The White House
SALARIES AND EXPENSES
Appropriation, fiscal year 2009\1\.................... $57,449,000
Budget request, fiscal year 2010...................... 59,319,000
Recommended in the bill............................... 59,319,000
Bill compared with:
Appropriation, fiscal year 2009................... +1,870,000
Budget request, fiscal year 2010.................. - - -
\1\Combined amount for the former White House Office and Office of
Policy Development accounts.
The White House Salaries and Expenses account supports
staff and administrative services necessary for the direct
support of the President. The President's budget proposed
consolidation of two previous appropriation accounts, the White
House Office and the Office of Policy Development, into a
single White House Salaries and Expenses appropriation. The
rationale for doing so is that both accounts support staff
providing policy advice and assistance to the President and
share facilities and support services. The Committee
recommendation adopts this proposal. For comparability, fiscal
year 2009 amounts shown in this report for the new account
reflect both the former White House Office and Office of Policy
Development appropriations.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $59,319,000
for the White House, which is $1,870,000 more than the fiscal
year 2009 level and the same as the request.
The recommendation includes not less than $1,400,000 for
the White House Office of National AIDS Policy, to continue
development and implementation of a National AIDS Strategy.
Implementation of an effective Strategy will be an ongoing
process that includes coordination of Federal agency efforts,
assessment of policy and programming, consultation with leaders
in the public and private sectors, careful monitoring and
reporting of outcomes, and communication with providers and the
public.
As requested, the recommendation also includes funds for
the new Intellectual Property Enforcement Coordinator required
by title III of the Prioritizing Resources and Organization for
Intellectual Property Act of 2008 (Public Law 110-403).
Executive Residence at the White House
OPERATING EXPENSES
Appropriation, fiscal year 2009....................... $13,363,000
Budget request, fiscal year 2010...................... 13,838,000
Recommended in the bill............................... 13,838,000
Bill compared with:
Appropriation, fiscal year 2009................... +475,000
Budget request, fiscal year 2010.................. - - -
These funds provide for the care, maintenance, and
operation of the Executive Residence, including official and
ceremonial functions of the President.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $13,838,000
for the operating expenses of the Executive Residence, an
increase of $475,000 compared to fiscal year 2009 and the same
as the amounts requested by the President. The bill includes
the same restrictions on reimbursable expenses for use of the
Executive Residence as were enacted in fiscal year 2009.
White House Repair and Restoration
Appropriation, fiscal year 2009....................... $1,600,000
Budget request, fiscal year 2010...................... 2,500,000
Recommended in the bill............................... 2,500,000
Bill compared with:
Appropriation, fiscal year 2009................... +900,000
Budget request, fiscal year 2010.................. - - -
Funding in this account provides for the repair,
alteration, and improvement of the Executive Residence at the
White House.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $2,500,000 for
White House Repair and Restoration, which is $900,000 more than
fiscal year 2009 and the amount requested by the President.
Amounts appropriated in this account vary from year to year
based on capital improvement needs. The requested amount for
fiscal year 2010 is for installation of a backup steam
generating station.
Council of Economic Advisers
SALARIES AND EXPENSES
Appropriation, fiscal year 2009....................... $4,118,000
Budget request, fiscal year 2010...................... 4,200,000
Recommended in the bill............................... 4,200,000
Bill compared with:
Appropriation, fiscal year 2009................... +82,000
Budget request, fiscal year 2010.................. - - -
The Council of Economic Advisers analyzes the national
economy and its various segments, advises the President on
economic developments, recommends policies for economic growth
and stability, appraises economic programs and policies of the
Federal Government, and assists in preparation of the annual
Economic Report of the President.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $4,200,000 for
the Council of Economic Advisers, $82,000 more than fiscal year
2009 level and the amount requested by the President.
National Security Council
SALARIES AND EXPENSES
Appropriation, fiscal year 2009....................... $9,029,000
Budget request, fiscal year 2010...................... 12,231,000
Recommended in the bill............................... 12,231,000
Bill compared with:
Appropriation, fiscal year 2009................... +3,202,000
Budget request, fiscal year 2010.................. - - -
The National Security Council (NSC) advises and assists the
President in the integration of domestic, foreign, military,
intelligence, and economic aspects of national security policy,
and serves as the principal means of coordinating executive
departments and agencies in the development and implementation
of national security policies.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $12,231,000
for the National Security Council, an increase of $3,202,000
above the regular appropriation for fiscal year 2009 and the
same as requested by the President.
The Supplemental Appropriations Act, 2009 provided an
additional $2,936,000 for the NSC in fiscal year 2009, largely
to support additional staff to strengthen the capacity of the
NSC to advise and assist the President and address both on-
going and emerging national security problems. The requested
amount for fiscal year 2010 provides for the continued support
of the additional staff, as well as for transition costs
associated with conversion of certain positions currently held
by detailees to regular NSC staff and implementation of
recommendations with respect to Homeland Security Council and
NSC integration.
Office of Administration
SALARIES AND EXPENSES
Appropriation, fiscal year 2009....................... $101,333,000
Budget request, fiscal year 2010...................... 115,280,000
Recommended in the bill............................... 115,280,000
Bill compared with:
Appropriation, fiscal year 2009................... +13,947,000
Budget request, fiscal year 2010.................. - - -
The Office of Administration is responsible for providing
cost-effective administrative services to the Executive Office
of the President (EOP). These services, defined by Executive
Order 12028 of 1977, include financial, personnel, procurement,
information technology, library and records management, and
general office services.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $115,280,000
for the Office of Administration, an increase of $13,947,000
above the amount appropriated in fiscal year 2009 and the same
as the amount requested by the President. Of the recommended
amount, $16,768,000 is available until expended for
modernization of the information technology infrastructure
within the Executive Office of the President.
By far the largest portion of the recommended increase--
$17,020,000--is for stabilization and modernization of
information technology, including a $4,845,000 increase for the
capital investment plan. (This increase exceeds the overall
increase for the account because it is partially offset by a
$5,700,000 reduction for one-time expenses related to e-mail
restoration activities in fiscal year 2009.)
The Executive Office of the President has informed the
Committee of the antiquated and deteriorating state of its
information technology infrastructure. Among other things, more
than 82 percent of all IT assets are classified as being at
``end-of-life'', meaning that they are no longer supported by
the manufacturer. The Committee understands that to date this
year there have been system-wide network outages of more than
32 hours, causing major disruption in operations and
communications by the President and all senior staff. In
addition, the Committee has been informed of serious
deficiencies in backup disaster recovery capability, of the
desirability of additional security measures for protection
against cyber attacks, and of the need for capacity to handle
increased demand for web-based communication and interaction
with the public.
The Committee expects that the funds provided will allow
the EOP to meet its most critical IT investment needs, replace
end-of-life and unsupported network systems, and address
important records management and e-mail issues. The Office of
Administration is directed to provide an annual report to the
Committee at the same time the President's budget is submitted
to Congress, detailing its progress on information technology
modernization, including the amounts obligated and expended
(and for what purposes), specific milestones achieved, and
requirements and specific plans for further investment.
Other smaller increases provided in this account are
intended to support 2 additional procurement management staff,
cover increased rental charges, guard service and vehicle lease
costs, and meet certain document security and financial
management expenses that had been absorbed by other agencies in
recent years.
Office of Management and Budget
SALARIES AND EXPENSES
Appropriation, fiscal year 2009....................... $87,972,000
Budget request, fiscal year 2010...................... 92,687,000
Recommended in the bill............................... 92,687,000
Bill compared with:
Appropriation, fiscal year 2009................... +4,715,000
Budget request, fiscal year 2010.................. - - -
The Office of Management and Budget assists the President
in the discharge of budgetary, economic, management, and other
executive responsibilities.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $92,687,000
for the Office of Management and Budget (OMB), an increase of
$4,715,000 above the amount appropriated in fiscal year 2009
and the same as the amount requested by the President.
The fiscal year 2010 recommendation continues an effort
begun last year to partially reverse the long-term decline in
staffing at OMB. In fiscal year 1992, at the end of the
Administration of the first President Bush, OMB had 585 full-
time equivalent staff (FTEs). In fiscal year 2000, at the end
of the Clinton Administration, the number had dropped to 516.
By 2008, the number of FTEs at OMB was down to 474. In light of
OMB's major responsibilities for management and oversight of
Federal spending and programs, including responsibilities in
areas such as contracting and procurement that are badly in
need of further attention, the Committee provided a funding
increase for OMB in fiscal year 2009 intended to allow the
hiring of additional personnel (as well as meeting other
needs). Using these funds, OMB expects to have about 528 full-
time equivalent staff on board at the end of fiscal year 2009.
The increase requested by the President and recommended by
the Committee for fiscal year 2010 is largely to cover the
full-year cost of personnel hired in 2009, as well as to cover
standard adjustments for pay raises and other cost increases
and to provide for maintenance of the computer systems used for
Federal budgeting. The fiscal year 2010 appropriation is not
intended to provide for further increases in personnel beyond
the estimated fiscal year 2009 level.
The Committee recommendation also continues several long-
standing provisos, not requested by the President, concerning
limitations on uses of funds within this Act and OMB
activities.
Office of National Drug Control Policy
SALARIES AND EXPENSES
Appropriation, fiscal year 2009....................... $27,200,000
Budget request, fiscal year 2010...................... 27,575,000
Recommended in the bill............................... 27,575,000
Bill compared with:
Appropriation, fiscal year 2009................... +375,000
Budget request, fiscal year 2010.................. - - -
The Office of National Drug Control Policy (ONDCP) was
established by the Anti-Drug Abuse Act of 1988 and most
recently reauthorized by the ONDCP Reauthorization Act of 2006.
The Office is the President's primary source of support for
counter-drug policy development and program oversight. Its
responsibilities include developing and updating a National
Drug Control Strategy, developing a National Drug Control
Budget, and coordinating and evaluating the implementation of
Federal drug control activities.
In addition, ONDCP itself manages several counter-drug
programs which are discussed under the ``Federal Drug Control
Programs'' heading below. These include the High Intensity Drug
Trafficking Areas program, Drug-Free Communities grants, and
media activities.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $27,575,000
for ONDCP salaries and expenses, an increase of $375,000 over
the enacted fiscal year 2009 level and the same as the
President's request. Of the amount appropriated, $1,300,000 is
for policy research and evaluation, which is the same as both
the fiscal year 2009 level and the President's request.
The recommended reprioritization of funding for ONDCP
programs discussed below under ``Federal Drug Control
Programs'' will reduce the need for personnel and other
resources funded under this salaries and expenses account to
manage the activities being reduced or eliminated. The
Committee has not made a corresponding reduction to this
account, however. Rather, the Committee expects ONDCP to
refocus resources on the counter-drug policy development,
coordination and evaluation functions which are the primary
mission of the Office and the original reason for its
existence.
The Committee is increasingly concerned with
methamphetamine production, trafficking and abuse. According to
the National Drug Intelligence Center's National
Methamphetamine Threat Assessment 2009, preliminary 2008
availability and seizure data indicate a strengthening in
domestic methamphetamine availability and domestic
methamphetamine production, and an increase in the flow of
methamphetamine into the United States from Mexico--most likely
attributable to the efforts of methamphetamine producers in
both countries to reestablish the methamphetamine supply chain
in the face of disruptions and shortages that began occurring
in early 2007. The Committee directs ONDCP to work with various
agencies, such as the Departments of Justice, State, Homeland
Security and Health and Human Services, along with State and
local governments, to develop and implement strategies to
reduce the demand for and supply of methamphetamine in the U.S.
Federal Drug Control Programs
The Committee is recommending significant change in funding
levels for several Federal drug control programs managed by
ONDCP, based on evaluations and assessments of relative
effectiveness. Appropriations for the anti-drug media campaign
and related activities would be reduced by $50,000,000 from
both the fiscal year 2009 level and the budget request. Of that
reduction $36,000,000 would be redirected to increases above
the budget request for two other well-regarded ONDCP programs:
High Intensity Drug Trafficking Areas and Drug-Free Communities
grants.
In addition, the Committee recommends no funding in fiscal
year 2009 for the Counterdrug Technology Assessment Center
(CTAC), compared to $3,000,000 appropriated in fiscal year 2009
and $1,000,000 requested by the President for fiscal year 2010.
CTAC received appropriations of more than $40,000,000 per
year during fiscal years 2002 through 2005. Since that time,
however, the Committee has repeatedly scaled back funding,
reflecting concerns about the management and priority setting
process and the value of the work being undertaken. In fiscal
year 2008, just $1,000,000 was provided, and in fiscal year
2009, $3,000,000. The President has now requested an
appropriation of only $1,000,000 for CTAC in fiscal year 2010--
suggesting that the Administration also does not see much value
in this program.
The requested appropriation is too small to mount a robust
research and development effort, and the Committee sees no
reason to maintain the administrative apparatus for CTAC in
place to manage this minimal funding. Accordingly, the
Committee recommends zero for CTAC in fiscal year 2010. If the
ONDCP Director and the Administration later conclude that there
is indeed an important and unique mission for CTAC and propose
a realistic appropriation level to carry out that mission, the
Committee would consider such a proposal in future years.
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2009....................... $234,000,000
Budget request, fiscal year 2010...................... 220,000,000
Recommended in the bill............................... 248,000,000
Bill compared with:
Appropriation, fiscal year 2009................... +14,000,000
Budget request, fiscal year 2010.................. +28,000,000
The High Intensity Drug Trafficking Areas (HIDTA) Program
provides resources to Federal, state, local and tribal agencies
in designated HIDTAs to combat the production, transportation
and distribution of illegal drugs, to seize assets derived from
drug trafficking, to address violence in drug-plagued
communities, and to disrupt the drug marketplace.
There are currently 28 HIDTAs, operating in 45 states plus
the District of Columbia, Puerto Rico, and the Virgin Islands.
Each HIDTA is managed by an Executive Board composed of equal
numbers of Federal and state, local or tribal officials. Each
HIDTA Executive Board is responsible for designing and
implementing initiatives to deal with the specific drug
trafficking threats in its region. Intelligence and information
sharing are key elements of all HIDTA programs.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $248,000,000
for the HIDTA Program, $14,000,000 above the fiscal year 2009
level and $28,000,000 above the President's request. The
Committee believes that the HIDTA program has demonstrated its
effectiveness, and can serve as an important tool in combating
current problems of drug trafficking and drug-related violence.
The Committee has included language requiring that existing
HIDTAs receive funding at least equal to the fiscal year 2009
base allocation level unless the Director submits a
justification for doing otherwise to the Committees on
Appropriations, based on clearly articulated priorities and
published performance measures. The Committee is advised that
prior to 2009 HIDTAs had not received a general program
adjustment to their allocations in a number of years, and
recommends that most (if not all) of the increase above the
fiscal year 2009 level be used for program adjustments, based
on performance measures and (to the extent applicable) on
assessments of shifts in the pattern and severity of drug
trafficking problems.
The recommended bill includes language directing ONDCP to
notify the Committees on Appropriations of the initial
allocation of HIDTA funds not later than 45 days after
enactment of this Act, and to notify the Committees of the
proposed use of discretionary funds not later than 90 days
after enactment. The language directs the ONDCP Director to
work in consultation with the HIDTA Directors in determining
the uses of that discretionary funding.
Finally, the Committee recommendation specifies that up to
$2,700,000 may be used for auditing services and related
activities.
OTHER FEDERAL DRUG CONTROL PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2009....................... $174,700,000
Budget request, fiscal year 2010...................... 174,000,000
Recommended in the bill............................... 132,400,000
Bill compared with:
Appropriation, fiscal year 2009................... -42,300,000
Budget request, fiscal year 2010.................. -41,600,000
This account supports a variety of other drug control
activities managed or undertaken by ONDCP.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $132,400,000
for Other Federal Drug Control Programs, a decrease of
$42,300,000 below the fiscal year 2009 level and $41,600,000
below the President's request. The recommended level for fiscal
year 2010 is distributed among specific programs and activities
as follows:
Drug-Free Communities........................................$98,000,000
Media and outreach activities.................................20,000,000
United States Anti-Doping Agency..............................10,000,000
World Anti-Doping Agency dues................................. 1,900,000
National Drug Court Institute................................. 1,000,000
National Alliance for Model State Drug Laws................... 1,250,000
National Drug Control Program performance measures............ 250,000
Within the total for the account, the Committee recommends
$98,000,000 for the Drug-Free Communities program, an increase
of $8,000,000 over both the fiscal year 2009 amount and the
budget request. This program makes grants of up to $125,000 per
year to support local coalitions to develop and implement
community-based plans to reduce drug abuse among youth. These
coalitions are required to include participants from a wide
range of interests, including local government agencies,
schools, the media, service organizations, law enforcement,
parents, youth, and the business community. Local matching
contributions are required. Grants are awarded on a competitive
basis, and may be renewed for up to 5 years, after which time
the coalition must compete for any further funding.
Comprehensive evaluation of this program is being conducted
by the Battelle Memorial Institute. Interim data from that
evaluation indicate that places with operating Drug-Free
Communities coalitions have lower rates of youth substance
abuse than in the nation as a whole, and that the rate of
substance abuse is declining more rapidly in those communities.
Also within this account, the Committee recommends
$20,000,000 for media and outreach, rather than the $70,000,000
appropriated in fiscal year 2009 and requested for fiscal year
2010, for the National Youth Anti-Drug Media Campaign. The
Committee intends that the $20,000,000 provided be used for
public communication and outreach activities, production costs,
evaluation, and, at the discretion of the Director, limited
paid advertising campaigns such as recent ads targeted to
parents. The Committee does not recommend continuation of the
national paid advertising campaign targeted to teenagers.
The Committee's recommendation in this area is guided by
the results of evaluations of the media campaign which indicate
that its effectiveness has been limited at best. A major
evaluation of the effect of the media campaign, undertaken in
response to congressional direction, was managed by the
National Institute on Drug Abuse at NIH and conducted by Westat
and the Annenberg School for Communication. The results of that
evaluation were first announced in 2005, and found no
significant favorable effects from exposure to the campaign on
initiation or continuation of drug use by youth. In fact, the
evaluation found some evidence that the ads may have had the
opposite effect in some cases. The Government Accountability
(GAO) was asked by Congress to review the Westat /Annenberg
evaluation, and concluded that it was credible, well designed,
and appropriately executed.
More recently, in response to directives in authorizing
law, ONDCP has commissioned annual evaluations of the media
campaign using available data from surveys on drug use and
attitudes and tracking data from the advertising campaign. The
most recent of these evaluations, submitted to Congress in
April 2009, concluded that ``the impact of the Campaign was
positive, but weak in magnitude''. That evaluation then went on
to say, however, that the data used were inadequate to
determine whether there was any causal relationship between the
media campaign and drug related outcomes. The authorizing law
directs ONDCP to sponsor another more extensive evaluation
capable of looking at causal relationships, but ONDCP does not
plan to award a contract for such an evaluation until later
this year--suggesting that results will not be available for a
number of years.
If the best that can be said about the youth media campaign
is that there is evidence that it has a ``weak'' association
with anti-drug attitudes, while a comprehensive multi-year
evaluation with more extensive data found no evidence of any
positive effect at all, consideration must be given to shifting
the substantial resources used for the advertising campaign to
other uses. That is what the Committee recommendation seeks to
do.
It is not that the Committee is unconcerned about the
problems caused by drug trafficking and use. Quite the
opposite. It is because of concern about these problems that
the Committee wishes to put resources into where they are
likely to do the most good. While recommending a reduction in
media activities, the Committee also proposes significant
increases for the HIDTA and Drug-Free Communities programs,
which are believed to be a better use of scarce funds.
Unanticipated Needs
Appropriation, fiscal year 2009....................... $1,000,000
Budget request, fiscal year 2010...................... 1,000,000
Recommended in the bill............................... 1,000,000
Bill compared with:
Appropriation, fiscal year 2009................... - - -
Budget request, fiscal year 2010.................. - - -
Funds appropriated in this account are for meeting
unanticipated needs in support of the national interest,
security, or defense.
COMMITTEE RECOMMENDATION
The Committee recommends the traditional $1,000,000 for
unanticipated needs, the same as the fiscal year 2009 level and
the President's request. The recommendation would permit the
funds to remain available through fiscal year 2011.
Expenditures from this account may be authorized by the
President.
Partnership Fund for Program Integrity Innovation
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2009....................... - - -
Budget request, fiscal year 2010...................... $175,000,000
Recommended in the bill............................... 40,000,000
Bill compared with:
Appropriation, fiscal year 2009................... +40,000,000
Budget request, fiscal year 2010.................. -135,000,000
The President's budget request proposes a new program, to
be managed by the Office of Management and Budget, called the
Partnership Fund for Program Integrity Innovation. The purpose
of this program is to conduct joint Federal-state pilot
projects to demonstrate ways in which the Federal Government
and the states can cooperate to improve program administration
and services while reducing rates of errors and improper
payments, especially for programs in which the states have a
substantial role in administration and payments.
COMMITTEE RECOMMENDATION
The Committee recommends $40,000,000 for the Partnership
Fund for Program Integrity Innovation, instead of the
$175,000,000 requested by the President. While the Committee
believes this idea has merit as a possible means of improving
program operations and integrity, it also believes that the
effort should start on a smaller scale than proposed. If the
initial pilot projects appear promising, the Committee will
consider additional funding in future years. As requested,
funds in this account are available for 3 years, in order to
cover up-front the multi-year costs of the pilot projects.
The Committee has included language, similar to language
proposed by the President, requiring the Director of the Office
of Management and Budget (OMB) to make certain determinations
before a pilot project can proceed. These include 1) that the
project addresses programs that have a substantial state role
in eligibility determination or where Federal-state cooperation
could otherwise be beneficial; 2) that, in the aggregate, the
project is expected to save at least as much as it costs; 3)
that the project demonstrates the potential to streamline
administration and/or strengthen program integrity; and 4) that
the project does not achieve savings primarily by reducing
participation by eligible beneficiaries. The Committee believes
that pilot projects should not necessarily be confined to
benefit program for individuals, and that consideration should
also be given to other areas in which use of data held by
states or other Federal-state cooperation might prove useful,
including tax administration.
The Committee understands that while OMB will coordinate
and oversee this overall program, it will not administer or
manage individual pilot projects. Rather, amounts would be
transferred from the Partnership Fund to appropriate Federal
agencies to actually carry out the pilots, including by making
grants or entering into contracts or cooperative agreements--
both for the actual pilot and for the evaluation.
Language included in the bill requires the OMB Director to
notify the House and Senate Appropriations Committees at least
15 days before funds are obligated for a pilot project. This
notification shall include the specific determinations required
by the bill, along with an explanation of the basis for each.
The notification shall also include a clear statement of the
objectives and purposes of the pilot, an explanation as to how
it will be carried out, and a description of how the pilot will
be evaluated, including the criteria expected to be used.
Finally, language in the bill also requires the OMB
Director to submit a progress report on September 30, 2010 and
annually thereafter regarding activities funded under the
Partnership Fund. These progress reports should summarize the
pilots underway, indicate the status of each, and report on all
interim or final evaluations completed since the last report.
Special Assistance to the President
SALARIES AND EXPENSES
Appropriation, fiscal year 2009....................... $4,496,000
Budget request, fiscal year 2010...................... 4,604,000
Recommended in the bill............................... 4,604,000
Bill compared with:
Appropriation, fiscal year 2009................... +108,000
Budget request, fiscal year 2010.................. - - -
These funds support the executive functions of the Office
of the Vice President.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $4,604,000 for
the Office of the Vice President, an increase of $108,000 above
the fiscal year 2009 level and the same as the amount requested
by the President.
Official Residence of the Vice President
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2009....................... $323,000
Budget request, fiscal year 2010...................... 330,000
Recommended in the bill............................... 330,000
Bill compared with:
Appropriation, fiscal year 2009................... +7,000
Budget request, fiscal year 2010.................. - - -
These funds support the care and operation of the Vice
President's residence and specifically support equipment,
furnishings, dining facilities, and services required to
perform and discharge the Vice President's official duties,
functions and obligations.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $330,000 for
the Operating Expenses of the Vice President's residence, an
increase of $7,000 above the amount enacted in fiscal year 2009
and the same as requested by the President.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(INCLUDING TRANSFER OF FUNDS)
Section 201. The Committee continues language permitting
the transfer of not to exceed 10 percent of funds between
various accounts within the Executive Office of the President,
after notifying the Committees on Appropriations at least 15
days in advance.
Section 202. The Committee continues language requiring
submission of a detailed financial plan by the Director of the
Office of National Drug Control Policy (ONDCP) to the
Committees on Appropriations, not later than 60 days after
enactment of this bill and prior to the obligation of more than
20 percent of the funds appropriated for ONDCP.
Section 203. The Committee continues language permitting
the transfer between appropriations of up to 2 percent amounts
appropriated in this bill for the ONDCP, provided that advance
approval is obtained from the Committees on Appropriations and
that no individual appropriation is increased or decreased by
more than 3 percent.
Section 204. The Committee continues language permitting
limited reprogramming of funds within the ONDCP, subject to the
advance approval of the Committees on Appropriations.
TITLE III--THE JUDICIARY
The funds recommended by the Committee in title III of the
accompanying bill are for the operation and maintenance of
United States Courts and include the salaries of judges,
probation and pretrial services officers, public defenders,
court clerks, law clerks, and other supporting personnel, as
well as security costs, information technology, and other
expenses of the Federal Judiciary.
For the most part, the Judiciary's budget is driven by its
workload, based on the number of criminal, civil, and
bankruptcy cases the courts receive. Our system of justice
requires that these cases be handled in a timely manner and
with due deliberation and care.
The most recent data indicate that the Judiciary's workload
is rising. This seems to reflect the serious economic downturn
and crisis in the financial sector, as well as other factors
such as immigration enforcement. Bankruptcy filings are up most
dramatically--an estimated 28 percent increase for the 12-month
period ending on June 30, 2009, compared to the preceding 12
months. In addition, filings of criminal charges rose by an
estimated 7 percent over this same period.
To help meet these responsibilities, the Committee
recommends a total of $6,941,564,000 for the Federal Judiciary
in fiscal year 2010--an increase of $460,126,000, or just over
7 percent, above fiscal year 2009. Much of this increase will
be needed to simply maintain current services, by covering the
cost of Federal pay raises, rent and other facility expenses,
IT and security costs, and the annualization of pay and
benefits for additional staff brought on during fiscal year
2009.
In addition, however, the bill also provides for some
programmatic increases--most notably for personnel to keep up
with the workload, including 6 additional magistrate judges
(with their support personnel), about 142 additional full-time
equivalent positions (FTEs) for the bankruptcy courts, about
107 additional FTEs for the district courts, and about 118 more
FTEs for probation and pretrial services.
The recommended appropriations for fiscal year 2010 are
$94,490,000 below the initial budget request made by the
Judiciary. The reduction largely reflects more recent estimates
provided by the courts, reflecting updated pay and personnel
cost estimates and revised projections of fee income and
carryover balances. The funding levels in the bill are intended
to fully cover the workload-related increases requested by the
Judiciary. The Committee appreciates the efforts of the
Administrative Office of the U.S. Courts to keep it apprised of
revised budgetary estimates throughout the course of the
appropriations process.
In addition to direct appropriations, the Judiciary
collects various fees and has certain carryover authorities.
The Judiciary uses these non-appropriated funds to offset its
direct appropriation requirements. Consistent with prior year
practices, the Committee expects the Judiciary to submit a
financial plan, within 90 days of enactment of this Act,
allocating all sources of available funds including
appropriations, fee collections, and carryover balances. This
financial plan will be the baseline for purposes of
reprogramming notification.
The Committee encourages the Judiciary to explore ways to
increase outreach to minority law students with the goal of
increasing the number of minorities in clerkship positions.
Supreme Court of the United States
SALARIES AND EXPENSES
Appropriation, fiscal year 2009....................... $69,777,000
Budget request, fiscal year 2010...................... 74,740,000
Recommended in the bill............................... 74,034,000
Bill compared with:
Appropriation, fiscal year 2009................... +4,257,000
Budget request, fiscal year 2010.................. -706,000
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $74,034,000
for fiscal year 2010 for the salaries and expenses of personnel
and the cost of operating the Supreme Court, excluding the care
of the building and grounds. The recommendation is $4,257,000
above the fiscal year 2009 level and is $706,000 below the
request for this account. The recommendation provides
inflationary and other standard adjustments. Additionally,
funding is included to provide new information technology
specialist positions and for new hardware and software to
support the Court's website.
The Committee continues to include bill language making
$2,000,000 available until expended for the purpose of making
information technology investments. The Committee requests that
the Court include an annual report with its budget
justification materials, showing information technology
carryover balances and describing each expenditure made in the
previous fiscal year and planned expenditures in the budget
year.
CARE OF THE BUILDING AND GROUNDS
Appropriation, fiscal year 2009....................... $18,447,000
Budget request, fiscal year 2010...................... 14,568,000
Recommended in the bill............................... 14,525,000
Bill compared with:
Appropriation, fiscal year 2009................... -3,922,000
Budget request, fiscal year 2010.................. -43,000
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $14,525,000
for fiscal year 2010, to remain available until expended, for
personnel and other services relating to the structural and
mechanical care of the Supreme Court building and grounds. The
Architect of the Capitol has responsibility for these functions
and supervises the use of this appropriation. The
recommendation is $43,000 below the request and $3,922,000
below the fiscal year 2009 level. Year-to-year changes in this
appropriation largely reflect progress in the on-going
comprehensive modernization of the Supreme Court building. In
addition to routine maintenance expenses, the fiscal year 2010
appropriation includes funds for roof repair and perimeter
security improvements.
United States Court of Appeals for the Federal Circuit
SALARIES AND EXPENSES
Appropriation, fiscal year 2009....................... $30,384,000
Budget request, fiscal year 2010...................... 36,981,000
Recommended in the bill............................... 33,577,000
Bill compared with:
Appropriation, fiscal year 2009................... +3,193,000
Budget request, fiscal year 2010.................. -3,404,000
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $33,577,000
for fiscal year 2010 for the salaries and expenses of the
United States Court of Appeals for the Federal Circuit. The
recommendation is $3,193,000 above the fiscal year 2009
appropriation and $3,404,000 below the request. The recommended
increase includes the annualized cost of additional law clerks
and other staff added in 2009, as well as the usual adjustments
for pay raises and other inflationary increases.
United States Court of International Trade
SALARIES AND EXPENSES
Appropriation, fiscal year 2009....................... $19,605,000
Budget request, fiscal year 2010...................... 21,517,000
Recommended in the bill............................... 21,350,000
Bill compared with:
Appropriation, fiscal year 2009................... +1,745,000
Budget request, fiscal year 2010.................. -167,000
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $21,350,000
for fiscal year 2010 for the salaries and expenses of the
United States Court of International Trade. The Committee
recommendation is $167,000 less than the budget request and
$1,745,000 above the fiscal year 2009 level. The recommendation
provides inflationary and other standard adjustments, as well
as an increase for rental costs.
Courts of Appeals, District Courts, and Other Judicial Services
SALARIES AND EXPENSES
Appropriation, fiscal year 2009....................... $4,801,369,000
Budget request, fiscal year 2010...................... 5,162,252,000
Recommended in the bill............................... 5,080,709,000
Bill compared with:
Appropriation, fiscal year 2009................... +279,340,000
Budget request, fiscal year 2010.................. -81,543,000
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $5,080,709,000
for the operations of the courts of appeals, district courts,
bankruptcy courts, the Court of Federal Claims, and probation
and pretrial services offices. The recommendation is
$279,340,000 above the fiscal year 2009 appropriation and
$81,543,000 below the request.
The recommendation reflects the Judiciary's need for
additional staff due to increased workload associated with
bankruptcy filings, pretrial and probation services, and
immigration caseload. The recommendation also includes funding
to begin a multi-year effort to replace the Judiciary's data
and voice communications infrastructure.
The Committee understands that the Judiciary's staffing,
operations and maintenance, and information technology
resources are allocated to the courts according to formulas
that are approved by the Judicial Conference of the United
States and equitably distribute resources based on the workload
of each district. The Committee believes this is the optimal
method of making such allocations and expects the Judiciary to
continue to allocate its resources using this system. The
Committee also expects the Administrative Office of the U.S.
Courts to periodically update the formulas to ensure their
accuracy.
VACCINE INJURY COMPENSATION TRUST FUND
Appropriation, fiscal year 2009....................... $4,253,000
Budget request, fiscal year 2010...................... 5,428,000
Recommended in the bill............................... 5,428,000
Bill compared with:
Appropriation, fiscal year 2009................... +1,175,000
Budget request, fiscal year 2010...................... - - -
COMMITTEE RECOMMENDATION
The Committee recommends a reimbursement of $5,428,000 for
fiscal year 2010 from the Vaccine Injury Compensation Trust
Fund to cover expenses of the Claims Court associated with
processing cases under the National Childhood Vaccine Injury
Act of 1986. This amount is $1,175,000 above the amount
available in fiscal year 2009 and equal to the request.
DEFENDER SERVICES
Appropriation, fiscal year 2009....................... $849,400,000
Budget request, fiscal year 2010...................... 982,646,000
Recommended in the bill............................... 982,699,000
Bill compared with:
Appropriation, fiscal year 2009................... +133,299,000
Budget request, fiscal year 2010.................. +53,000
COMMITTEE RECOMMENDATION
This account provides funding for the operation of the
Federal Public Defender and Community Defender organizations
and for compensation and reimbursement of expenses of panel
attorneys appointed pursuant to the Criminal Justice Act for
representation in criminal cases.
The Committee recommends an appropriation of $982,699,000
for fiscal year 2010. The recommendation is $133,299,000 above
the fiscal year 2009 level and $53,000 above the request. The
recommendation is intended to cover pay and other standard
adjustments, as well as cost increases resulting from increased
caseload and changes in case mix. The small increase above the
initial budget request reflects updated estimates provided in
May by the Administrative Office of the Courts.
In addition, the Committee recommendation adopts the
request by the Judiciary for funds to increase the hourly rate
for panel defense attorneys in non-capital cases from $110 to
$139 per hour, which reflects the full estimated ``catch up''
cost-of-living adjustment authorized by the Criminal Justice
Act. (Panel attorneys in capital cases are paid at
substantially higher hourly rates, which would be adjusted for
annual inflation under the recommended bill.)
In justifying its request, the Judicial Conference stated
that ``the Judiciary believes that the necessary improvement to
panel representation cannot be accomplished absent a
substantial increase in the panel attorney hourly rate for non-
capital appointments''. The Judiciary budget justifications
also state that, ``[s]urvey findings confirmed the substantial
level of difficulty courts have in finding and retaining
qualified counsel to accept appointments in non-capital cases,
and linked much of the problem with the low hourly rate''. The
Judiciary's submission notes that the hourly rate for a panel
attorney must cover the overhead cost of a law practice as well
as a reasonable remuneration for the lawyer, and that current
rates are considerably lower than what panel attorneys
typically receive for private representations, meaning there is
a substantial ``opportunity cost'' to taking a court
appointment to represent a defendant who cannot afford a
private lawyer. Similar arguments were advanced at the
Committee's hearing on the judicial branch budget request.
The Committee finds these arguments persuasive, and
recognizes the importance of adequate representation in
ensuring fair and effective justice in criminal cases.
FEES OF JURORS AND COMMISSIONERS
Appropriation, fiscal year 2009....................... $62,206,000
Budget request, fiscal year 2010...................... 63,401,000
Recommended in the bill............................... 62,275,000
Bill compared with:
Appropriation, fiscal year 2009................... +69,000
Budget request, fiscal year 2010.................. -1,126,000
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $62,275,000
for payments to jurors, which is $69,000 above the fiscal year
2009 level and $1,126,000 less than the request. The reduction
below the initial request reflects updated information provided
by the Administrative Office of the U.S. Courts in May, which
indicated that available carryover balances will be higher than
initially estimated.
COURT SECURITY
(INCLUDING TRANSFERS OF FUNDS)
Appropriation, fiscal year 2009....................... $428,858,000
Budget request, fiscal year 2010...................... 463,642,000
Recommended in the bill............................... 457,353,000
Bill compared with:
Appropriation, fiscal year 2009................... +28,495,000
Budget request, fiscal year 2010.................. -6,289,000
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $457,353,000
for Court Security in fiscal year 2010 to provide for necessary
expenses of security and protective services in courtrooms and
adjacent areas. This is an increase of $28,495,000 above the
fiscal year 2009 level and $6,289,000 below the request. Bill
language is included allowing up to $15,000,000 to remain
available until expended.
The recommendation includes adjustments for pay costs and
similar items, additional court security officers, and
increases for security equipment, information technology
improvements, and space for special projects for the United
States Marshals Service.
Administrative Office of the United States Courts
SALARIES AND EXPENSES
Appropriation, fiscal year 2009....................... $79,049,000
Budget request, fiscal year 2010...................... 83,963,000
Recommended in the bill............................... 83,075,000
Bill compared with:
Appropriation, fiscal year 2009................... +4,026,000
Budget request, fiscal year 2010.................. -888,000
The Administrative Office of the United States Courts (AO)
provides administrative and management support to the United
States Courts, including the probation and bankruptcy systems.
It also supports the Judicial Conference of the United States
in determining Federal Judiciary policies, in developing
methods to assist the courts to conduct business efficiently
and economically, and in enhancing the use of information
technology in the courts.
In fiscal year 2008, the Committee included a provision
which authorizes the Judiciary to contract directly for repairs
under $100,000. This provision was included in the fiscal year
2009 bill and is included in this bill as well. The Committee
requests that the Judiciary report back on the utilization of
this authority including an analysis of any cost savings.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $83,075,000
for the salaries and expenses of the AO, which is $4,026,000
above the fiscal year 2009 level and $888,000 below the
request.
Federal Judicial Center
SALARIES AND EXPENSES
Appropriation, fiscal year 2009....................... $25,725,000
Budget request, fiscal year 2010...................... 27,486,000
Recommended in the bill............................... 27,328,000
Bill compared with:...............................
Appropriation, fiscal year 2009................... +1,603,000
Budget request, fiscal year 2010.................. -158,000
The Center improves the management of Federal Judicial
dockets and court administration through education for judges
and staff, and research, evaluation, and planning assistance
for the courts and the Judicial Conference.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $27,328,000
for the salaries and expenses of the Federal Judicial Center
for fiscal year 2010, which is $1,603,000 above the fiscal year
2009 level and $158,000 below the request.
Judicial Retirement Funds
PAYMENT TO JUDICIARY TRUST FUNDS
Appropriation, fiscal year 2009....................... $76,140,000
Budget request, fiscal year 2010...................... 82,374,000
Recommended in the bill............................... 82,374,000
Bill compared with:
Appropriation, fiscal year 2009................... 6,234,000
Budget request, fiscal year 2010.................. - - -
These funds cover the estimated annuity payments to be made
to retired bankruptcy judges, magistrate judges, Claims Court
judges, and spouses and dependent children of deceased judicial
officers.
COMMITTEE RECOMMENDATION
The Committee provides $82,374,000 for payments to the
Judicial Officers' Retirement Fund, the Judicial Survivors'
Annuities Fund, and the Claims Court Judges Retirement Fund for
fiscal year 2010. This amount is the same as the budget request
and $6,234,000 above the fiscal year 2009 level. These payments
are considered mandatory for budget scorekeeping purposes.
United States Sentencing Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2009....................... $16,225,000
Budget request, fiscal year 2010...................... 17,056,000
Recommended in the bill............................... 16,837,000
Bill compared with:
Appropriation, fiscal year 2009................... +612,000
Budget request, fiscal year 2010.................. -219,000
The purpose of the Commission is to establish, review, and
revise sentencing guidelines, policies, and practices for the
Federal criminal justice system. The Commission is also
required to monitor the operation of the guidelines and to
identify and report necessary changes to the Congress.
Committee Recommendation
The Committee recommends $16,837,000 for the salaries and
expenses of the United States Sentencing Commission for fiscal
year 2010, which is $612,000 above the fiscal year 2009
appropriation and $219,000 below the request.
Administrative Provisions--The Judiciary
Section 301. The Committee continues language to permit
funds in the bill for salaries and expenses for the Judiciary
to be available for employment of experts and consultant
services as authorized by 5 U.S.C. 3109.
Section 302. The Committee continues language that permits
up to 5 percent of any appropriation made available for fiscal
year 2010 to be transferred between Judiciary appropriations
accounts provided that no appropriation shall be decreased by
more than 5 percent or increased by more than 10 percent by any
such transfer except in certain circumstances. In addition, the
language provides that any such transfer shall be treated as a
reprogramming of funds under section 608 of the accompanying
bill and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
Section 303. The Committee continues language authorizing
not to exceed $11,000 to be used for official reception and
representation expenses incurred by the Judicial Conference of
the United States.
Section 304. The Committee continues language requiring a
financial plan for the Judiciary within 90 days of enactment of
this Act.
Section 305. The Committee continues language enabling the
Federal Judiciary to contract for repairs under $100,000.
Section 306. The Committee continues language to authorize
a court security pilot program.
Section 307. The Committee includes language extending
temporary judgeships in Ohio and Kansas.
TITLE IV--DISTRICT OF COLUMBIA
Federal Funds
FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT
Appropriation, fiscal year 2009....................... $35,100,000
Budget request, fiscal year 2010...................... 35,100,000
Recommended in the bill............................... 35,100,000
Bill compared with:
Appropriation, fiscal year 2009................... - - -
Budget request, fiscal year 2010.................. - - -
The Resident Tuition Support program was created by the
District of Columbia College Access Act of 1999 to provide
District college-bound students the opportunity to expand their
higher education choices. The program receives its funding
through a Federal appropriation which is deposited into a
dedicated account under the control of the District of Columbia
Chief Financial Officer. This program grants up to $10,000
annually for undergraduate District students to attend eligible
four-year public universities and colleges nationwide at in-
state tuition rates. Grants up to $2,500 per year are available
for students to attend private institutions in the D.C.
metropolitan area as well as public two-year community
colleges.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $35,100,000
for the resident tuition support program, the same as the
fiscal year 2009 appropriation and equal to the budget request.
The District of Columbia is expected to adhere to the
authorizing statute with regard to the administrative expenses
associated with this program.
FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS
Appropriation, fiscal year 2009....................... $39,177,000
Budget request, fiscal year 2010...................... 15,000,000
Recommended in the bill............................... 15,000,000
Bill compared with:
Appropriation, fiscal year 2009................... -24,177,000
Budget request, fiscal year 2010.................. - - -
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $15,000,000
for emergency planning and security costs, $24,177,000 below
the fiscal year 2009 appropriation and equal to the budget
request. These funds are for emergency planning and security
costs related to the presence of the Federal Government in the
District of Columbia and surrounding jurisdictions. The
decrease below the fiscal year 2009 level is due to adjustments
made to reflect one-time costs associated with the January 2009
presidential inauguration events.
The Committee recognizes the extra burden that certain
agencies within the District of Columbia government face due to
the Federal presence in the city, particularly the Metropolitan
Police Department (MPD). The accompaniment of police officers
to support the motorcade travel of the President, the Vice
President and the First Lady requires resources for which the
MPD historically has not been covered by the Federal
Government.
The Committee continues the requirement that a detailed
justification be submitted with the budget request in future
years, as well as a report detailing any deviation from the
plan outlined in the justification no later than 60 days after
the end of the fiscal year.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS
Appropriation, fiscal year 2009....................... $248,409,000
Budget request, fiscal year 2010...................... 248,952,000
Recommended in the bill............................... 268,920,000
Bill compared with:
Appropriation, fiscal year 2009................... +20,511,000
Budget request, fiscal year 2010.................. +19,968,000
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $268,920,000
for operation of the District of Columbia Courts, $20,511,000
above the fiscal year 2009 appropriation and $19,968,000 above
the fiscal year 2010 budget request. This amount includes
$12,022,000 for the Court of Appeals, $108,524,000 for the
Superior Court, $65,114,000 for the Court System, and
$83,260,000 for capital improvements to courthouse facilities.
The aforementioned amounts are reflective of adjustments
requested by the District of Columbia Courts to consolidate
space lease and utilities costs in the Court System program.
The recommended level includes funding above the
President's budget request to open a third drop-in center in
the District that will provide tutoring, counseling, and
mentoring services for juveniles on probation; address
increased facilities maintenance needs; improve the Courts'
performance management system; and to acquire additional
warehouse space. Funds above the President's request for the
Courts' Capital Program are provided for the C Street expansion
of the Moultrie Courthouse and for perimeter security
initiatives on the court campus.
The Committee notes that the fiscal year 2010 request
includes $15,000,000 as a final Federal payment to complete
work on renovating the cell block at the Moultrie Courthouse.
The Committee appreciates the responsiveness of the District of
Columbia Courts in addressing the conditions at the cell block
on a priority basis.
DEFENDER SERVICES IN THE DISTRICT OF COLUMBIA COURTS
Appropriation, fiscal year 2009....................... $52,475,000
Budget request, fiscal year 2010...................... 52,475,000
Recommended in the bill............................... 55,000,000
Bill compared with:
Appropriation, fiscal year 2009................... +2,525,000
Budget request, fiscal year 2010.................. +2,525,000
COMMITTEE RECOMMENDATION
The Committee recommends $55,000,000 for Defender Services
in District of Columbia Courts, $2,525,000 above the fiscal
year 2009 appropriation and $2,525,000 above the budget
request.
The recommendation includes funding sufficient to annualize
in fiscal year 2010 the rate increase to $90 per hour approved
in fiscal year 2009 for attorneys in the Defender Services
program.
FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER
SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA
Appropriation, fiscal year 2009....................... $203,490,000
Budget request, fiscal year 2010...................... 212,408,000
Recommended in the bill............................... 212,408,000
Bill compared with:
Appropriation, fiscal year 2009................... +8,918,000
Budget request, fiscal year 2010.................. - - -
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $212,408,000
for the Court Services and Offender Supervision Agency (CSOSA),
$8,918,000 above the fiscal year 2009 appropriation and the
same as the budget request. Of the amounts provided,
$153,856,000 is for the Community Supervision Sex Offender
Registration and $58,552,000 is for the Pretrial Services
Agency. Increased funds over fiscal year 2009 are provided for
pay and non-pay inflationary costs, as well as for initiatives
to enhance monitoring of high-risk offenders and defendants
using cellular electronic monitoring and global positioning
satellite technology.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER SERVICE
Appropriation, fiscal year 2009....................... $35,659,000
Budget request, fiscal year 2010...................... 37,316,000
Recommended in the bill............................... 37,316,000
Bill compared with:
Appropriation, fiscal year 2009................... +1,657,000
Budget request, fiscal year 2010.................. - - -
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $37,316,000
for the Public Defender Service for the District of Columbia,
$1,657,000 above the fiscal year 2009 appropriation and the
same as the budget request.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY
Appropriation, fiscal year 2009....................... $16,000,000
Budget request, fiscal year 2010...................... 20,000,000
Recommended in the bill............................... 20,400,000
Bill compared with:
Appropriation, fiscal year 2009................... +4,400,000
Budget request, fiscal year 2010.................. 400,000
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $20,400,000
to the District of Columbia Water and Sewer Authority (WASA),
$4,400,000 above the fiscal year 2009 appropriation and
$400,000 above the budget request. Of the amount recommended,
$20,000,000 is to continue implementation of the Combined Sewer
Overflow Long-Term Plan. Funding for this project will be
matched 100 percent by WASA.
The District of Columbia Task Force on Water Quality,
comprised of a diverse group of stakeholders that includes
health advocates and a number of local and Federal government
entities, has identified the need for an independent study of
the lead levels in the District's drinking water. The
recommendation includes $400,000 for the District of Columbia
Department of the Environment for the costs associated with
study design and related outreach materials; water sampling in
hundreds of homes throughout the District; lab analysis of the
water samples; analysis of the sampling results; and production
of a final report. Ascertaining the current level of lead in
the drinking water is an important public health issue in the
District of Columbia and the Committee looks forward to the
results of the study.
FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING COUNCIL
Appropriation, fiscal year 2009....................... $1,774,000
Budget request, fiscal year 2010...................... 1,774,000
Recommended in the bill............................... 2,000,000
Bill compared with:
Appropriation, fiscal year 2009................... +226,000
Budget request, fiscal year 2010.................. +226,000
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $2,000,000 to
the Criminal Justice Coordinating Council (CJCC), $226,000
above the fiscal year 2009 appropriation and $226,000 above the
budget request. These funds are to support initiatives related
to the coordination of Federal and local criminal justice
resources in the District of Columbia. Similar to prior years,
the Committee directs the CJCC to submit performance measures
in an annual report. Funds are available until expended.
FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS
Appropriation, fiscal year 2009....................... - - -
Budget request, fiscal year 2010...................... 500,000
Recommended in the bill............................... 500,000
Bill compared with:
Appropriation, fiscal year 2009................... +500,000
Budget request, fiscal year 2010.................. - - -
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment at the budget
request level to support two judicial commissions, $295,000 for
the Commission on Judicial Disabilities and $205,000 for the
Judicial Nomination Commission. These two commissions provide
support to the District of Columbia Court of Appeals and
Superior Court through reviewing and investigating judicial
misconduct complaints and recommending candidates to the
President of the United States for nomination to the District
of Columbia bench. Funds are available through September 30,
2011.
FEDERAL PAYMENT TO THE OFFICE OF THE CHIEF FINANCIAL OFFICER OF THE
DISTRICT OF COLUMBIA
Appropriation, fiscal year 2009....................... 4,888,000
Budget request, fiscal year 2010...................... - - -
Recommended in the bill............................... 1,700,000
Bill compared with:
Appropriation, fiscal year 2009................... -3,188,000
Budget request, fiscal year 2010.................. 1,700,000
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $1,700,000
for the Chief Financial Officer (CFO) of the District of
Columbia, $3,188,000 below fiscal year 2009 and $1,700,000
above the request. These funds are for education, social
service, and economic development initiatives in the District
of Columbia. The Committee directs each grantee to submit a
comprehensive budget and a report on the activities to be
carried out with the funds no later than 60 days after
enactment of this Act. The District CFO will submit a
comprehensive report no later than June 1, 2010, to the
Committee on Appropriations highlighting which grantees did not
comply with the reporting requirements. The Committee requires
that any funds to these grantees must be spent primarily in the
District of Columbia to benefit District residents.
Recipient/Purpose Amount
Living Classrooms of the National Capital Region, Washington,
DC, Education and job skills training for disadvantaged
young adults.............................................. $100,000
National Building Museum, Washington, DC, Education programs
and exhibitions........................................... 150,000
Safe Kids USA, Washington, DC, Safety services for families in
need...................................................... 125,000
Samaritan Ministry of Greater Washington, Washington, DC, Next
Step Program.............................................. 100,000
The Washington Center, Washington, DC, Construction and build
out of academic space..................................... 125,000
Washington Hospital Center, Washington, DC, Trauma center and
other critical hospital upgrades.......................... 50,000
Whitman-Walker Clinic, Washington, DC, health care services... 100,000
Youth Power Center, Washington, DC, Tutoring and Mentoring
Program Expansion......................................... 100,000
FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT
Appropriation, fiscal year 2009....................... $54,000,000
Budget request, fiscal year 2010...................... 74,400,000
Recommended in the bill............................... 74,400,000
Bill compared with:
Appropriation, fiscal year 2009................... +20,400,000
Budget request, fiscal year 2010.................. - - -
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $74,400,000
for school improvement, $20,400,000 above fiscal year 2009 and
the same as the budget request. These funds are allocated as
follows: $42,200,000 to improve public school education in the
District of Columbia, $20,000,000 to expand quality charter
schools, and $12,200,000 to the Secretary of Education for
opportunity scholarships for low-income children in the
District of Columbia for the 2010-2011 school year, of which
$1,000,000 is for administrative expenses.
The funding recommendation supports the President's
proposal, also supported by the District of Columbia's Mayor
and Council Chairman, that opportunity scholarships funded in
this bill for the 2010-2011 school year be limited to current
program participants only.
FEDERAL PAYMENT FOR CONSOLIDATED LABORATORY FACILITY
Appropriation, fiscal year 2009....................... $21,000,000
Budget request, fiscal year 2010...................... 15,000,000
Recommended in the bill............................... 15,000,000
Bill compared with:
Appropriation, fiscal year 2009................... -6,000,000
Budget request, fiscal year 2010.................. - - -
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $15,000,000
for a consolidated bioterrorism and forensics laboratory,
$6,000,000 below the fiscal year 2009 appropriation and the
same as the budget request. The Committee notes that the
recommended level represents the final Federal payment needed
in order to complete work on this important project.
FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA NATIONAL GUARD
Appropriation, fiscal year 2009....................... - - -
Budget request, fiscal year 2010...................... 2,000,000
Recommended in the bill............................... 2,375,000
Bill compared with:
Appropriation, fiscal year 2009................... +2,375,000
Budget request, fiscal year 2010.................. +375,000
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $2,375,000,
$375,000 above the budget request, to support costs associated
with the D.C. National Guard. As a Federal entity, the D.C.
National Guard responds to the orders of the President of the
United States, who is the Commander-in-Chief of the D.C.
National Guard, pursuant to the District of Columbia Official
Code 49-409 and Executive Order No. 11485 (October 1, 1969).
The District's Mayor is not authorized to deploy the Guard
under any circumstances. The Federal payment will be used to
support civilian administrative personnel working for the D.C.
National Guard. Military members of the Guard are paid for
through the Department of Defense appropriation.
The Committee acknowledges the unique role of the D.C.
National Guard in addressing emergencies that may occur as a
result of the presence of the Federal Government and includes
$375,000 for the D.C. National Guard to pay the costs of a
tuition assistance program for Guard members who are non-
District residents.
The District of Columbia National Guard and the entire
community of the District of Columbia lost a dedicated leader
and public servant when Major General David F. Wherley, Jr. was
killed in the tragic Metrorail train crash which occurred on
June 22, 2009. General Wherley was a former commander of the DC
National Guard. During that service, he was in frequent contact
with the Committee to further the ability of the DC National
Guard to serve the citizens of the District of Columbia, as
well as the Nation's elected leadership. Among a number of
initiatives, General Wherley advocated on behalf of the Capital
Guardians for funding for a retention and college access
program to ensure that members of the District of Columbia
National Guard may enjoy some of the same benefits for their
service as members of the National Guard in neighboring states.
To honor his service to the District of Columbia and his
commitment to those he worked with, the Committee seeks to
dedicate this program to his memory by naming it the ``Major
General David F. Wherley, Jr. District of Columbia National
Guard Retention and College Access Program''.
FEDERAL PAYMENT FOR HOUSING FOR THE HOMELESS
Appropriation, fiscal year 2009....................... - - -
Budget request, fiscal year 2010...................... 19,200,000
Recommended in the bill............................... 19,200,000
Bill compared with:
Appropriation, fiscal year 2009................... +19,200,000
Budget request, fiscal year 2010.................. - - -
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment for housing for
the homeless of $19,200,000, the same as the budget request.
This funding will support the District's ``Housing First''
program which seeks to reduce homelessness by providing
permanent housing to District residents in need. The first
phase of this program is to assess chronically homeless
individuals and families with histories of homelessness who are
living on the streets, in shelters and other institutions. The
second phase is to place individuals and families into long-
term housing. The third phase is to provide effective case
management to ensure that individuals and families are
connected to support services and achieve the highest degree of
stabilization and self-sufficiency possible. The District
estimates this funding will be sufficient to find permanent
housing for 150 currently homeless families. This Federal
payment will be matched with $10,071,000 in local funds that
will be used to support residents that have already been placed
in permanent supportive housing. The Committee directs that
beginning March 31, 2010 the District submit to the Committee
quarterly reports detailing the number of individuals and
families provided housing through this Federal payment. Funds
are available through September 30, 2011.
FEDERAL PAYMENT FOR YOUTH SERVICES
Appropriation, fiscal year 2009....................... - - -
Budget request, fiscal year 2010...................... 5,000,000
Recommended in the bill............................... 5,000,000
Bill compared with:
Appropriation, fiscal year 2009................... +5,000,000
Budget request, fiscal year 2010.................. - - -
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $5,000,000
for youth services, the same as the budget request. These funds
will be used for the District's ``Reconnecting Disconnected
Youth'' initiative which seeks to significantly reduce the
number of young people not currently connected to positive
school or work activities or at risk of becoming disconnected
from these critical influences. This initiative addresses two
priorities: (1) providing young people who have dropped out of
school with job training and access to general educational
development (GED) programs, and (2) improving the services
provided to court-involved youth and their families. This
Federal payment will be matched with a total of $11,500,000 in
local funds and grants. Funds are available through September
30, 2011.
FEDERAL PAYMENT FOR PUBLIC HEALTH SERVICES
Appropriation, fiscal year 2009....................... - - -
Budget request, fiscal year 2010...................... - - -
Recommended in the bill............................... 4,000,000
Bill compared with:
Appropriation, fiscal year 2009................... +4,000,000
Budget request, fiscal year 2010.................. +4,000,000
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $4,000,000
for HIV/AIDS prevention initiatives. This funding was not
requested in the President's budget, but was proposed by the
Mayor of the District of Columbia. The District is in the midst
of an HIV/AIDS epidemic. Based on the national HIV/AIDS case
reporting system, the District currently has the highest HIV/
AIDS rate in the country--nearly twice as high as New York City
and five times as high as Detroit. Estimates indicate that
between 3 to 5 percent of the adult residents in the District
are currently living with HIV or AIDS. The District has
developed policies and programs to provide innovative HIV/AIDS
prevention, care, and support services on a city-wide basis.
However, District resources are insufficient to permit broad
implementation of these programs. This Federal payment will
enable the District to provide testing, counseling, and other
prevention services in communities most affected by the spread
of HIV/AIDS. The Committee directs the District of Columbia to
provide a spending plan for these funds within 45 days of
enactment of this Act. Funds are available through September
30, 2011.
District of Columbia Funds
The Committee recommends a total of $8,858,278,000 for the
operating expenses of the District of Columbia as contained in
the fiscal year 2010 budget and financial plan transmitted to
the Mayor by the District of Columbia Council on June 5, 2009.
Of the total, $5,721,742,000 is from local funds,
$2,575,447,000 is from Federal grant funds, $556,429,000 is
from other funds, and $4,660,000 is from private funds. An
additional $125,274,000 is available from prior year funds, and
an increase of $2,963,810,000 is for capital construction
projects.
TITLE V--INDEPENDENT AGENCIES
Administrative Conference of the United States
SALARIES AND EXPENSES
Appropriation, fiscal year 2009....................... $1,500,000
Budget request, fiscal year 2010...................... 2,625,000
Recommended in the bill............................... 1,500,000
Bill compared with:
Appropriation, fiscal year 2009................... - - -
Budget request, fiscal year 2010.................. -1,125,000
The Administrative Conference of the United States is an
independent agency and advisory committee which was created to
study administrative processes in order to recommend
improvements to Congress and Federal agencies.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $1,500,000 for
the Administrative Conference of the United States, the same
amount appropriated in fiscal year 2009 and $1,125,000 below
the budget request. The Conference was reauthorized in July
2008 and received $1,500,000 in fiscal year 2009
appropriations. As of June 2009, a Chairman to head the
Conference has not been named, no staff have been hired, and no
fiscal year 2009 funds have been expended. In light of this,
the Committee does not recommend the funding increase proposed
in the budget request.
Consumer Product Safety Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2009....................... $105,404,000
Budget request, fiscal year 2010...................... 107,000,000
Recommended in the bill............................... 113,325,000
Bill compared with:
Appropriation, fiscal year 2009................... +7,921,000
Budget request, fiscal year 2010.................. +6,325,000
The Consumer Product Safety Act established the Consumer
Product Safety Commission (CPSC), an independent Federal
regulatory agency, to reduce unreasonable risk of injury
associated with consumer products. Its primary responsibilities
and overall goals are: to protect the public against
unreasonable risk of injury associated with consumer products;
to develop uniform safety standards for consumer products,
minimizing conflicting State and local regulations; and to
promote research into prevention of product-related deaths,
illnesses, and injuries.
COMMITTEE RECOMMENDATION
The Committee recommends $113,325,000 for the Consumer
Product Safety Commission for fiscal year 2010, an increase of
$7,921,000 above the amount appropriated in fiscal year 2009
and $6,325,000 above the request level.
The recommendation provides funding for the ongoing
implementation and enforcement of recently enacted consumer
protection legislation. Funding is provided for increased
workload associated with the Consumer Product Safety
Improvement Act, including the hiring of an additional 28 FTE.
The recommendation includes $7,280,000 for the continued
implementation and enforcement of the Virginia Graeme Baker
Pool and Spa Safety Act--representing the fiscal year 2009
funding level adjusted for inflation. Within this amount,
$4,045,000 is provided for the public information and education
program, the same as in fiscal year 2009 and $3,045,000 more
than the budget request. The bill also includes funding for
enforcement of the Children's Gasoline Burn Prevention Act.
The Committee strongly supports the CPSC's Import Safety
Initiative which positions CPSC investigators at key ports of
entry to stop defective products from entering the United
States. The Committee supports expansion of this initiative in
fiscal year 2010 and includes funding to hire 10 FTE to further
enhance the CPSC presence at key ports.
The Committee is concerned regarding reports of health and
other problems that may be related to drywall imported from
China. The Committee understands that the CPSC has received
reports of these problems from 18 states and the District of
Columbia with the majority of reports coming from Florida
residents. The problem is believed to stem from the
unprecedented increase in new construction that occurred in
2006 and 2007 which strained domestic drywall production and
led to the importing of drywall from China. The Committee
commends the CPSC for its efforts to address the drywall
problem and understands the CPSC has diverted fiscal year 2009
resources from other priorities in order to address this issue.
To assist the CPSC in further identifying and addressing the
origins of the drywall problem, the Committee includes funding
above the request level for this purpose. The Committee expects
to be kept apprised of CPSC work on the drywall issue.
The Consumer Product Safety Improvement Act of 2008 was
signed into law on August 14, 2008 and is considered to be the
most significant piece of consumer protection legislation
enacted since the CPSC was established in the early 1970s. The
legislation received nearly unanimous bipartisan support in
Congress. Congress passed this legislation in the wake of a
massive number of consumer product recalls in 2007 and 2008--
more than 20 million--many of which involved toys manufactured
in China. The Committee strongly supports this legislation but
is aware of concerns surrounding implementation of certain
aspects of the law. The Committee believes there may be some
products subject to the strict lead ban in the Act that likely
were not intended to be included. The Committee urges the CPSC
to continue considering exemptions for products that, based on
CPSC's determination, present no real risk of lead exposure to
children.
Funding is included for two additional CPSC commissioners
and associated staff as authorized under the Consumer Product
Safety Improvement Act of 2008.
The bill also includes language that limits official
reception and representation expenses to no more than $2,000 in
fiscal year 2010.
Election Assistance Commission
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2009....................... $17,959,000
Budget request, fiscal year 2010...................... 16,530,000
Recommended in the bill............................... 17,959,000
Bill compared with:
Appropriation, fiscal year 2009................... - - -
Budget request, fiscal year 2010.................. +1,429,000
The Election Assistance Commission (EAC) was established by
the Help America Vote Act of 2002 (HAVA) and is charged with
implementing provisions of that Act relating to the reform of
Federal election administration throughout the United States,
including the development of voluntary voting systems
guidelines, the certification and testing of voting systems,
studies of election administration issues, and the
implementation of election reform payments to States as well as
grant programs related to election reform.
COMMITTEE RECOMMENDATION
The Committee recommends $17,959,000 for EAC salaries and
expenses, the same as the fiscal year 2009 enacted level and an
increase of $1,429,000 above the budget request. The
recommendation also provides for transfer of $3,500,000 to the
National Institute of Standards and Technology for election
reform activities--$500,000 less than the transfer in fiscal
year 2009 but $250,000 more than proposed by the
Administration.
Also included in this recommendation is $750,000 for the
Help America Vote College Program and $300,000 for mock
election programs--in both cases the same level of funding as
provided in fiscal year 2009. The Administration did not
propose funds for either of these programs in fiscal year 2010.
The college program, first implemented during the 2004
election, recruits and trains young people in colleges,
universities, and community colleges to serve as nonpartisan
poll workers, helping to address a nationwide poll worker
shortage and recruit the next generation of workers. Mock
election programs promote participation in elections through
voter education activities for students and their parents. Both
programs are competitive grant programs.
The Committee encourages the use of voting machines in
student elections. This will allow students, the nation's
voters of tomorrow, to become familiar with voting processes
and technologies so that when they turn 18, they will be
comfortable with their civic duties. Groups involved in student
mock elections should work with local election authorities to
promote the use of voting machines by students.
The biennial Election Administration and Voting Survey
(better known as the Election Day Survey), provides the
Election Assistance Commission with important information about
significant issues in the administration of elections. However,
since 2004 the survey has not collected information on voting
system performance or voting system malfunctions. The Committee
believes the collection of this type of information would be
helpful to elected officials and voting system manufacturers in
determining how to improve the reliability of voting systems
and processes. The Committee urges the Election Assistance
Commission to help develop a system of standardized best
practices for states and localities to collect information on
voting system performance and malfunctions, and to work to
develop questions on these issues for future Election Day
Surveys.
The Committee directs the Government Accountability Office
to study and report to the Committee regarding the costs and
benefits of implementing the Weekend Voting Act (H.R. 254),
including the anticipated costs to state and federal election
administration officials, the effects on polling places and the
estimated increase in voter turnout.
ELECTION REFORM PROGRAMS
Appropriation, fiscal year 2009....................... $106,000,000
Budget request, fiscal year 2010...................... 52,000,000
Recommended in the bill............................... 106,000,000
Bill compared with....................................
Appropriation, fiscal year 2009................... - - -
Budget request, fiscal year 2010.................. +54,000,000
This appropriation provides for grant programs authorized
by the Help America Vote Act of 2002 (HAVA) and for related
grant programs to improve the administration of elections.
COMMITTEE RECOMMENDATION
The Committee recommendation includes $106,000,000 for
Election Reform programs, the same as the fiscal year 2009
enacted level and an increase of $54,000,000 above the budget
request. Of this amount, $100,000,000 is for grants available
to States for assistance in meeting the requirements of HAVA
relating to voting systems, voter registration, provisional
ballots, and other election administration activities.
In addition, $4,000,000 is provided for grants for research
on voting technology improvements as authorized by the Help
America Vote Act, $1,000,000 less than provided for this
purpose in fiscal year 2009. The Committee directs the EAC to
use the appropriated amount to fund research into technological
solutions for voting systems that ensure accessibility for
voters with disabilities so that such voters can vote privately
and independently, including through the use of official paper
ballots. The Committee further directs that technological
solutions developed through this federally funded research be
non-proprietary and be made available to the public, including
to voting system manufacturers.
The recommendation also includes $2,000,000 for
continuation of a pilot program, administered by the EAC, to
provide grants to States and units of local government to
develop and document best practices for quality and cost-
effective pre-election logic and accuracy testing of voting
systems and post-election voting system verification. The goal
of logic and accuracy testing is to ensure that voting system
equipment, including tabulation equipment that will be used in
an upcoming election is properly prepared to support the
election. Testing should also include assessments of the
completeness, accuracy and usability of ballots. Post-election
voting system verification should assess the adequacy of
controls in place prior to and during the election that can
detect and correct, or prevent, anomalies from occurring in
voting systems. Jurisdictions would report on voting system
equipment failures during the election as well as on procedural
incidents that involved voting equipment. This pilot program
was begun in fiscal year 2009 with funding of $1,000,000.
Federal Communications Commission
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2009....................... $341,875,000
Budget request, fiscal year 2010...................... 335,794,000
Recommended in the bill............................... 335,794,000
Bill compared with:
Appropriation, fiscal year 2009................... -6,081,000
Budget request, fiscal year 2010...................... - - -
The mission of the Federal Communications Commission (FCC)
is to implement the Communications Act of 1934 in a manner that
promotes competition, innovation, and deregulation in the
communications industry and the availability of high quality
communications services for all Americans.
COMMITTEE RECOMMENDATION
The bill includes total budget authority of $335,794,000
for the salaries and expenses of the FCC for fiscal year 2010,
of which $334,794,000 is to be derived from offsetting
collections, resulting in a direct appropriation of $1,000,000.
Although the operating level for fiscal year 2010 is $6,081,000
below the current year as requested, the bill actually funds a
$15,000,000 upgrade to the information and communications
technology systems at the commission and other programmatic
increases and adjustments for inflation. There were one-time
items in fiscal year 2009 of almost $30,000,000 that will not
be repeated in fiscal year 2010.
The Committee recommendation includes bill language,
similar to that included in previous Appropriations Acts, which
allows: (1) up to $4,000 for official reception and
representation expenses; (2) purchase and hire of motor
vehicles; (3) special counsel fees; (4) collection of
$334,794,000 in section 9 fees; (5) the sum appropriated to be
reduced as section 9 fees are collected; (6) a prohibition on
amounts collected in excess of $334,794,000 from being
available for obligation; (7) a prohibition on remaining
offsetting collections from prior years from being available
for obligation; and (8) retention of $85,000,000 of proceeds
from the use of a competitive bidding system.
The Committee stresses the importance of providing all
persons living under the American flag, including those living
in the United States territories, equal access to
communications services. The Communications Act of 1934
established the FCC to ``make available, so far as possible, to
all the people of the United States, without discrimination on
the basis of race, color, religion, national origin, or sex, a
rapid, efficient, Nation-wide, and world-wide wire and radio
communication service with adequate facilities at reasonable
charges'' (emphasis added). The Committee is aware that certain
communication services, such as satellite radio services, are
not available on a comparable basis to persons living under the
American flag outside of the contiguous 48 States. Satellite
radio services are currently unavailable or have limited
availability in Puerto Rico, the U.S. Virgin Islands, Guam,
American Samoa, Alaska, and Hawaii. The FCC is directed to
report back to the Committee by January 31, 2010 with a
detailed comparison of the technical and practical availability
of all communications services under its jurisdiction in the
contiguous 48 States, Puerto Rico, the U.S. Virgin Islands,
Guam, American Samoa, Alaska, and Hawaii.
The Committee appreciates that in 2008 the Commission
raised $19,592,000,000 in the 700 MHZ auction. The sale of this
spectrum should have a significant impact on the next phase of
wireless broadband innovation. However, the Committee is very
concerned that the auction for the D Block did not meet its
$1,300,000,000 reserve price established in advance of the
auction. The D Block spectrum was set aside for the creation of
a public/private partnership to solve public safety's
interoperability problems allowing police, fire and other first
responders to better communicate with one another during an
emergency. The 9/11 Commission identified the need to increase
the assignment of spectrum for first responders in its July
2004 report and it is disappointing the Federal Government has
yet to fully address this critical need. The Committee
understands that the Commission is evaluating the options for
how to proceed with this auction. The Committee urges the
Commission to rework the rules for this critical spectrum
auction expeditiously so that first responders have an
interoperable communications network as soon as possible.
In September 2008, the Financial Services Subcommittee held
a hearing on the difficulties that some public, educational,
and governmental (PEG) stations have been having in obtaining
equal access to basic cable channels as required by law. The
Acting Chairman of the FCC testified before the Subcommittee in
April 2009 that PEG stations had filed three complaints
claiming that they were being denied appropriate access to
cable channels and that the commission had begun creating the
record necessary to make a decision relatively soon. The
Committee urges the FCC to resolve those complaints as soon as
practicable.
The Committee believes that the Universal Service Fund
(USF) must have effective audits of the use of more than $7
billion in funds from ratepayers. The recommendation this year
does not include a transfer from the USF for additional audits
and oversight activities because substantial carry-over funds
remain available from earlier appropriations. The Committee is
concerned by reports that some recipients of USF moneys have
been the subject of unduly burdensome audits and that the
results of those audits have not been effectively presented to
improve expenditures from the USF going forward. This is a
period of transition for the Commission and its Inspector
General. The Committee urges the new leadership to re-evaluate
the auditing process to make sure that the auditing process is
not unduly onerous and that lessons learned from audits get
translated into better performance in the future.
Federal Deposit Insurance Corporation
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2009....................... $27,495,000
Budget request, fiscal year 2010...................... 37,942,000
Recommended in the bill............................... 37,942,000
Bill compared with:
Appropriation, fiscal year 2009................... +10,447,000
Budget request, fiscal year 2010.................. - - -
Funding for the Office of the Inspector General at the
Federal Deposit Insurance Corporation is provided pursuant to
31 U.S.C. 1105(a)(25), which requires a separate appropriation
account for appropriations for each Office of Inspector General
of an establishment defined under section 11(2) of the
Inspector General Act of 1978.
COMMITTEE RECOMMENDATION
The Committee recommends a transfer of $37,942,000 from the
Deposit Insurance Fund and the FSLIC Resolution Fund to finance
the Office of Inspector General (OIG) for fiscal year 2010, an
increase of $10,447,000 above the amount transferred in fiscal
year 2009 and the same as the budget request. The increase is
provided to enable the OIG to respond to workload needs
associated with the increase in bank failures, the increase in
resolution and receivership activity, and new FDIC programs and
activities established in response to the current downturn in
the economy that impact the Deposit Insurance Fund.
Federal Election Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2009....................... $63,618,000
Budget request, fiscal year 2010...................... 64,000,000
Recommended in the bill............................... 65,100,000
Bill compared with:
Appropriation, fiscal year 2009................... +1,482,000
Budget request, fiscal year 2010.................. +1,100,000
The Federal Election 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.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $65,100,000
for the Federal Election Commission, an increase of $1,482,000
over the amount appropriated in fiscal year 2009 and $1,100,000
over the budget request. The increase above the budget request
is intended to fully fund adjustments needed to cover increased
pay, rent, information technology and similar costs in order to
maintain current services.
Federal Labor Relations Authority
SALARIES AND EXPENSES
Appropriation, fiscal year 2009....................... $22,674,000
Budget request, fiscal year 2010...................... 24,773,000
Recommended in the bill............................... 24,773,000
Bill compared with:
Appropriation, fiscal year 2009................... +2,099,000
Budget request, fiscal year 2010.................. - - -
Established by title VII of the Civil Service Reform Act of
1978, the Federal Labor Relations Authority (FLRA) serves as a
neutral arbiter in the labor activities of non-postal Federal
employees, Departments and agencies, and Federal unions on
matters outlined in the Act, including collective bargaining
and the settlement of disputes. Establishment of the FLRA gives
full recognition to the role of the Federal Government as an
employer. Under the Foreign Service Act of 1980, the FLRA also
addresses similar issues affecting Foreign Service personnel by
providing full staff support for the Foreign Service Impasse
Disputes Panel and the Foreign Service Labor Relations Board.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $24,773,000
for the Federal Labor Relations Authority, an increase of
$2,099,000 above the amount appropriated in fiscal year 2009
and the same as the budget request. The Committee's
recommendation provides for an additional 18 FTE as requested
by the Authority. The Committee expects that the increased
staffing and funding resources provided will be used to clear
case backlogs and implement management initiatives to reduce
attrition and improve employee morale.
Federal Trade Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2009....................... $259,200,000
Budget request, fiscal year 2010...................... 287,200,000
Recommended in the bill............................... 291,700,000
Bill compared with:
Appropriation, fiscal year 2009................... +32,500,000
Budget request, fiscal year 2010.................. +4,500,000
The mission of the Federal Trade Commission (FTC) is to
enforce a variety of Federal antitrust and consumer protection
laws. Under these laws, the Commission seeks to ensure that the
nation's markets are competitive, function vigorously and
efficiently, and are free from undue governmental and private
restrictions. The Commission also seeks to improve the
operation of the marketplace by eliminating deceptive and
unfair practices. Appropriations for both the Antitrust
Division of the Department of Justice and the Commission are
partially financed with Hart-Scott-Rodino Act pre-merger filing
fees.
COMMITTEE RECOMMENDATION
The Committee recommends total budget authority of
$291,700,000 for the salaries and expenses of the FTC for
fiscal year 2010, which is $32,500,000 above the fiscal year
2009 level and $4,500,000 above the request. The Committee
assumes that $110,000,000 of collections from Hart-Scott-Rodino
premerger filing fees and $19,000,000 of collections from Do-
Not-Call list fees will partially offset the appropriation
requirement for this account.
The Committee notes that, of the recommended increase,
$15,000,000 is to cover one-time relocation costs associated
with the upcoming expiration of the lease on a building
occupied by the FTC.
During the current economic downturn, the FTC has a
particularly important role in protecting consumers against
unfair and deceptive financial practices in areas such as
``foreclosure rescue'', credit repair, debt collection, and
debt negotiation and settlement. The Commission also continues
to have important roles in a wide variety of other fields,
including prevention of false and deceptive advertising,
protection of privacy, and regulation of anti-competitive
behavior in energy, health care, and other sectors.
The Committee recommends an increase of $4,500,000 above
the budget request to strengthen the FTC's capacity to protect
consumers and prevent anti-competitive practices.
The Committee is extremely concerned by the Federal Trade
Commission's decision that small-sized health care providers
are subject to the Red Flags Rule issued on November 9, 2007 to
implement the Fair and Accurate Credit Transactions Act of
2003. Health care providers have informed the Committee that
the cost of compliance with the Red Flags Rule has the
potential to be excessively burdensome on small health care
providers and that this decision is not in compliance with the
Regulatory Flexibility Act, which mandates that Federal
agencies consider the potential economic impact of regulations
of small entities and determine less burdensome alternatives.
The Committee also understands that the FTC has reached a
different conclusion and believes the costs of compliance will
be minimal. In addition, the Committee understands that the FTC
has delayed implementation until August 1, 2009 and has
developed a small business compliance guide and template for
low risk entities. While the Committee appreciates that the FTC
has taken some steps to address the concerns of small
businesses, the Committee believes more needs to be done. The
Committee requests the FTC to further delay implementation
while it works with the health care provider and small business
communities to minimize the resulting burdens on providers and
firms that present low risk for identity theft problems,
including by better defining and narrowing, as far as possible,
the circumstances under which the rule applies to these
entities.
The Committee is aware that the FTC recently filed lawsuits
against three companies believed to be responsible for more
than one billion illegal telemarketing phone calls, many of
which were to numbers registered on the National Do Not Call
Registry. These companies utilized a technique known as ``call
spoofing'' to disguise the source of the call on caller ID
devices, often making the call appear to come from a trusted
source. The FTC alleges these calls generated more than $10
million in fraudulent proceeds for the three companies. The
Committee is concerned about this trend and encourages the FTC
to carefully monitor reports of call spoofing and to fully
prosecute further violations of the Do Not Call Registry.
General Services Administration
The Committee notes that the General Services
Administration's (GSA) Federal Supply Service is required to
award contracts to commercial firms under terms and conditions
that mirror commercial practices for the supplies and services
through its Multiple Award Schedule. Recently, some Federal
agencies have announced savings through the improvement of the
process of purchasing office supplies outside of GSA's
schedules. Therefore, the Committee directs the Government
Accountability Office (GAO) to conduct a review of the ten
largest Federal agencies on the level of funds spent on office
supplies during fiscal year 2009 through the GSA schedules and
outside of these schedules; a comparison of prices paid; and a
cost-benefit analysis of alternative options. GAO is directed
to submit a report to the Committee on this review within 180
days of enactment of this Act.
FEDERAL BUILDINGS FUND
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2009...... $8,427,771,000
Limitation on availability, budget estimate, 8,530,685,000
fiscal year 2010.....................................
Recommended in the bill........................... 8,465,585,000
Bill compared with:
Availability limitation, fiscal year 2009......... +37,814,000
Availability limitation, fiscal year 2010 estimate -65,100,000
The Federal Buildings Fund (FBF) finances the activities of
the Public Buildings Service, which provides space and services
for Federal agencies in a relationship similar to that of
landlord and tenant. The FBF, established in 1975, replaces
direct appropriations by using income derived from rent
assessments, which approximate commercial rates for comparable
space and services. The Committee makes funds available through
a process of placing limitations on obligations from the FBF as
a way of allocating funds for various FBF activities. The
Committee may also appropriate funds into the FBF as a way of
covering the difference between the total revenues coming into
the FBF and the total limitation on the expenditure from the
FBF.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $8,465,585,000 for
the Fund, an increase of $37,814,000 above the fiscal year 2009
enacted levels, a decrease of $65,100,000 below the request.
To carry out the purposes of the Federal Buildings Fund
established pursuant to section 210(f) of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C. 592), the
revenues and collections deposited into the Fund, shall be
available for necessary expenses in the aggregate amount of
$8,465,585,000 of which: $722,537,000 is for construction
(including funds for sites and expenses and associated design
and construction services), $400,276,000 is for repairs and
alterations, $140,525,000 is for installment acquisition
payments (including payments on purchase contracts),
$4,861,871,000 is for rental of space; and $2,340,376,000 is
for building operations.
GSA is directed to expand the use of on-site renewable
energy in Federal buildings, in order to reduce greenhouse gas
emissions and moderate energy price fluctuations.
CONSTRUCTION AND ACQUISITION
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2009...... $746,317,000
Limitation on availability, budget estimate, 657,637,000
fiscal year 2010.....................................
Recommended in the bill........................... 722,537,000
Bill compared with:
Availability limitation, fiscal year 2009......... -23,780,000
Availability limitation, fiscal year 2010 request. +64,900,000
The construction and acquisition activity funds site,
design, construction, and management and inspection costs for
construction of new Federal facilities.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $722,537,000 for
construction and acquisition, a decrease of $23,780,000 below
the fiscal year 2009 enacted level and $64,900,000 above the
request. Funding is included for the following projects:
White Oak, MD, Food and Drug Administration Consolidation...$137,871,000
Washington, DC, Columbia Plaza...............................100,000,000
Washington, DC, Southeast Federal Center Remediation..........15,000,000
Lakewood, CO, Denver Federal Center Remediation............... 9,962,000
Miami, FL, Federal Bureau of Investigation Field Office
Consolidation............................................190,675,000
El Paso, TX, Tornillo-Guadalupe Land Port of Entry............91,565,000
Calexico, CA, Calexico West Land Port of Entry................ 9,437,000
Madawaska, ME, Land Port of Entry.............................50,127,000
Savannah, GA United States Courthouse......................... 7,900,000
San Antonio, TX, United States Courthouse..................... 4,000,000
Greenbelt, MD, United States Courthouse.......................10,000,000
Mobile, AL, United States Courthouse..........................96,000,000
The Committee has not recommended funding for courthouse
construction projects requested by the President for Yuma, AZ
and Lancaster, PA--both of which apparently had originally been
planned for ``build to suit'' leases. The Committee appreciates
the Administration's interest in re-evaluating build versus
lease decisions and in pursuing a policy of direct construction
wherever doing so makes economic sense. In the long-run, such
an approach is likely to produce significant savings for the
taxpayers. However, the courthouses in Yuma and Lancaster
appear nowhere on the priority lists submitted to Congress by
the Judicial Conference of the United States, and the Committee
has instead chosen to provide funding for projects which are on
the Judicial Conference priority list.
The bill includes design funding for four courthouse
construction projects, along with partial construction funding
for one of these, in Mobile, Alabama. The focus on design this
year reflects, in part, recognition that GSA's construction
management resources are currently stretched thin by Recovery
Act projects.
The Committee is concerned about the cost of new
courthouses, and encourages GSA to use the design process to
explore opportunities for cost savings. In deciding which
projects move to the construction stage first, the Committee
expects to consider factors such as the cost per square foot
and the extent to which savings have been achieved.
The Committee prohibits the General Services Administration
from using any of the nearly $400,000,000 in funding which has
been appropriated for the courthouse project for the Central
District of California, Los Angeles division for any other
purpose. Further, should the land purchased for the courthouse
project be sold, the Committee prohibits the General Services
Administration from using the proceeds of the sale of the land
for any purpose other than addressing the space needs of the LA
division of the Central District of California.
The Committee is concerned about the number of years
required for construction of land ports of entry, and urges GSA
to make every effort to streamline, avoid duplication, and
increase efficiency in the completion of these projects,
including coordination and cooperation with other appropriate
Federal agencies.
Concerns have been brought to the Committee's attention
about a lack of community planning regarding certain GSA work.
With respect to the San Ysidro Land Port of Entry, the
Committee directs GSA to work with the surrounding community to
develop a design plan that incorporates the interests of
surrounding commercial and business areas and that incorporates
community-supported pedestrian, parking and transit design
elements before beginning construction.
REPAIRS AND ALTERATIONS
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2009...... $692,374,000
Limitation on availability, budget estimate, 496,276,000
fiscal year 2010.....................................
Recommended in the bill........................... 400,276,000
Bill compared with:
Availability limitation, fiscal year 2009......... -292,098,000
Availability limitation, fiscal year 2010 request. -96,000,000
The repairs and alterations activity funds design,
construction and management and inspection for the repair,
alteration, and modernization of existing real estate assets.
It funds projects to improve health and safety, recapture
vacant non-revenue producing Government-owned and leased space,
and various special programs.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $400,276,000 for
repairs and alterations, a decrease of $292,098,000 below the
fiscal year 2009 enacted level and $96,000,000 below the
request. The recommendation includes the following full-scope
repair and alteration projects:
Washington, DC, New Executive Office Building................$30,276,000
Washington, DC, Eisenhower Executive Office Building (roof
replacement)..............................................15,000,000
Washington, DC, East Wing Infrastructure Replacement..........35,000,000
The budget request for full-scope repair and alteration
included four projects related to the Executive Office of the
President. The Committee believes that this request exceeds
what can prudently be funded this year, given other priorities,
and has reduced the dollar amount of the request by more than
half, from $176,276,000 to $80,276,000. Full funding has been
provided for two projects considered most urgent (New Executive
Office Building repairs and Eisenhower Executive Office
Building roof repairs), partial funding has been provided for a
third, and the Eisenhower Executive Office Building courtyard
structure project has been deferred.
With respect to the infrastructure replacement in the East
Wing of the White House, the Committee recognizes the economies
and reduced disruption that could come from undertaking this
project at roughly the same time as work on the West Wing.
While the Committee has not provided the full $121,000,000
requested for this project, it has included $35,000,000, with
the intent that the funds be used to undertake underground work
and other tasks that can most efficiently be done in
conjunction with other pending White House projects.
In addition to the full-scope projects, the bill includes
$20,000,000 each for the Fire and Life Safety program, Energy
and Water Retrofit and Conservation Measures, and Federal High-
Performance Green Buildings, along with $260,000,000 for basic
repairs and alterations.
The Committee directs that additional projects for which
prospectuses have been fully approved may be funded under this
category only if advance approval is obtained from the
Committees on Appropriations. The amounts provided in this or
any prior Act for ``Repairs and Alterations'' may be used to
fund costs associated with implementing security improvements
to buildings necessary to meet the minimum standards for
security in accordance with current law and in compliance with
the reprogramming guidelines of the appropriate Committees of
the House and Senate.
INSTALLMENT ACQUISITION PAYMENTS
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2009...... $149,570,000
Limitation on availability, budget estimate, 140,525,000
fiscal year 2010.....................................
Recommended in the bill........................... 140,525,000
Bill compared with:
Availability limitation, fiscal year 2009......... -9,045,000
Availability limitation, fiscal year 2010 request. - - -
The installment acquisition payments activity funds
interest payment for facilities constructed under the Public
Building Amendment of 1972 and lease-purchase agreements since
1987, a total of 80 projects.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $140,525,000 for
installation acquisition payments, a decrease of $9,045,000
below the fiscal year 2009 enacted level and the same as the
budget request.
RENTAL OF SPACE
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2009...... $4,642,156,000
Limitation on availability, budget estimate, 4,879,871,000
fiscal year 2010.....................................
Recommended in the bill........................... 4,861,871,000
Bill compared with:
Availability limitation, fiscal year 2009......... +219,715,000
Availability limitation, fiscal year 2010 request. -18,000,000
The rental of space program funds lease payments, temporary
space for Federal employees during major repair and alteration
projects, and relocations from Federal buildings due to forced
moves and relocations as a result of health and safety
conditions. The reduction below the request reflects
anticipated carryover, as well as the expectation of some
savings in rental costs in the current real estate market.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $4,861,871,000 for
rental of space, an increase of $219,715,000 above the fiscal
year 2009 enacted level and $18,000,000 below the request.
The Committee continues to be concerned about the
allocation of leased General Services Administration office
space in the Greater Washington, D.C. Metropolitan area.
Evidence indicates that there is a disparity between the leased
space awarded in Prince George's County and in nearby
jurisdictions in the Greater Washington, D.C. Metropolitan
area. Specifically, the Committee is concerned with the lack of
space awarded around Washington Metropolitan Area Transit
Authority stations in Prince George's County, Maryland.
The Committee is also aware of concerns about the possible
location of a new leased facility for the Customs and
Immigration Service (CIS) in Portland, Oregon--in particular,
concerns that locating the facility outside the central
business district could create a hardship for clients and have
detrimental effects on the downtown area. The Committee
therefore asks GSA to take whatever steps may be possible to
seek a suitable location for this facility within the central
business district.
BUILDING OPERATIONS
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2009...... $2,197,354,000
Limitation on availability, budget estimate, 2,356,376,000
fiscal year 2010.....................................
Recommended in the bill........................... 2,340,376,000
Bill compared with:
Availability limitation, fiscal year 2009......... +143,022,000
Availability limitation, fiscal year 2010 request. -16,000,000
The building operations activity funds cleaning,
maintenance, utilities, fuel, grounds, maintenance, space
acquisitions and assignment services in government-owned
facilities and in leased space when not provided by the lessor.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $2,340,376,000 for
building operations, an increase of $143,022,000 above the
fiscal year 2009 enacted level and $16,000,000 below the budget
request.
The Committee continues to be concerned about increases in
charges from other agencies for security, especially for vacant
space. The agencies are encouraged to develop an equitable
agreement regarding such charges.
GENERAL ACTIVITIES
GOVERNMENT-WIDE POLICY
Appropriation, fiscal year 2009....................... $54,578,000
Budget request, fiscal year 2010...................... 65,165,000
Recommended in the bill............................... 63,165,000
Bill compared with:
Appropriation, fiscal year 2009................... +8,587,000
Budget request, fiscal year 2010.................. -2,000,000
This appropriations account provides for government-wide
policy and evaluation activities associated with the management
of real and personal property assets and certain administrative
services; government-wide policy support responsibilities
relating to acquisition, telecommunications, information
technology management, and related technology activities; and
services as authorized by 5 U.S.C. 3109.
COMMITTEE RECOMMENDATION
The Committee recommends $63,165,000, an increase of
$8,587,000 above fiscal year 2009 and $2,000,000 below the
request. The recommendation includes $3,000,000 for the Office
of Federal High-Performance Green Buildings. The Committee is
fully supportive of the Office, but has reduced fiscal year
2010 funding $1,000,000 below the request because of
substantial carryover balances expected to be available.
OPERATING EXPENSES
Appropriation, fiscal year 2009....................... $70,645,000
Budget request, fiscal year 2010...................... 71,881,000
Recommended in the bill............................... 72,881,000
Bill compared with:
Appropriation, fiscal year 2009................... +2,236,000
Budget request, fiscal year 2010.................. +1,000,000
This account provides appropriations for activities that
are not feasible for a user fee arrangement. Included under
this heading are personal property utilization and donation
activities, select management and administration activities and
support of government-wide emergency management activities, and
the Civilian Board of Contract Appeals.
COMMITTEE RECOMMENDATION
The Committee recommends $72,881,000, which is $2,236,000
above the fiscal year 2009 level and $1,000,000 more than the
request. The recommendation reflects increases for pay and
other inflationary costs.
The Committee has included $1,000,000 above the budget
request for a payment to the Oklahoma City National Memorial
Foundation, as authorized by 16 U.S.C. 450ss-1. That law
authorizes limited Federal payments to match non-Federal
contributions, and the Committee understands that non-Federal
funds have already been provided that are more than sufficient
to draw down the additional $1,000,000 being appropriated.
The Committee acknowledges that Public Service Recognition
Week, a program of the Public Employees Roundtable, has
educated America about the value of the career workforce, which
carries out the daily operations of government. This program
has existed for over 10 years and plays an important role in
the education of our nation's youth by providing them with
timely information about their government. The Committee
supports the GSA budget request to provide $150,000 in
administrative and logistical assistance to Public Service
Recognition Week activities.
OFFICE OF INSPECTOR GENERAL
Appropriation, fiscal year 2009....................... $54,000,000
Budget request, fiscal year 2010...................... 60,080,000
Recommended in the bill............................... 60,080,000
Bill compared with:
Appropriation, fiscal year 2009................... +6,080,000
Budget request, fiscal year 2010.................. - - -
This appropriation provides agency-wide audit and
investigative functions to identify and correct GSA management
and administrative deficiencies that create conditions for
existing or potential instances of fraud, waste, and
mismanagement. The audit function provides internal audit and
contract audit services. Contract audits provide professional
advice to GSA contracting officials on accounting and financial
matters relative to the negotiation, award, administration,
repricing, and settlement of contracts. Internal audits review
and evaluate all facets of GSA operations and programs, test
internal control systems, and develop information to improve
operating efficiencies and enhance customer services. The
investigative function provides for the detection and
investigation of improper and illegal activities involving GSA
programs, personnel, and operations.
COMMITTEE RECOMMENDATION
The Committee recommends $60,080,000, an increase of
$6,080,000 above fiscal year 2009 the same as the request.
ELECTRONIC GOVERNMENT FUND
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2009....................... - - -
Budget request, fiscal year 2010...................... 33,000,000
Recommended in the bill............................... 33,000,000
Bill compared with:
Appropriation, fiscal year 2009................... +33,000,000
Budget request, fiscal year 2010.................. - - -
The appropriation provides support for interagency
electronic government (``e-Gov'') initiatives that utilize the
Internet or other electronic methods as a means to increase
Federal government accessibility, efficiency, and productivity.
COMMITTEE RECOMMENDATION
The Committee recommends $33,000,000 for the ``e-Gov''
account for fiscal year 2010, the same as the budget request,
an increase of $33,000,000 over fiscal year 2009. The Committee
expects GSA to submit a detailed expenditure plan prior to
obligation of funds under this account. The plan should
describe the projects selected, and the budget, timeline,
objectives and expected benefits for each project.
ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS
Appropriation, fiscal year 2009....................... $2,934,000
Budget request, fiscal year 2010...................... 3,756,000
Recommended in the bill............................... 3,756,000
Bill compared with:
Appropriation, fiscal year 2009................... +822,000
Budget request, fiscal year 2010.................. - - -
This appropriation provides support consisting of pensions,
office staffs, and related expenses for former Presidents Jimmy
Carter, George H.W. Bush, Bill Clinton, and George W. Bush. The
account also funds pension and postal franking privileges for
the widows of former Presidents Gerald Ford and Ronald Reagan.
Also, this appropriation is authorized to provide funding for
security and travel related expenses for each former President
and the spouse of a former President pursuant to section 531 of
Public Law 103-329.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $3,756,000 for
allowances and office staff of former Presidents, an increase
of $822,000 above the fiscal year 2009 enacted level and the
same as the budget request. The following table describes the
distribution of the funds:
FISCAL YEAR 2010 BUDGET ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
Carter GH Bush Clinton GW Bush Widows Total
----------------------------------------------------------------------------------------------------------------
Personnel Compensation........................ $96 $96 $96 $150 $0 $438
Personnel Benefits............................ 2 64 70 102 0 238
Benefits for Former Presidents................ 199 199 210 210 0 818
Travel........................................ 2 56 5 80 0 143
Rental Payments to GSA........................ 102 175 579 345 0 1201
Communications:
Telephone................................. 10 17 7 85 0 119
Postage................................... 15 13 14 20 14 76
Printing...................................... 5 14 18 26 0 63
Other Services................................ 75 112 51 162 0 400
Supplies...................................... 5 15 2 40 0 62
Equipment..................................... 7 69 36 86 0 198
-----------------------------------------------------------------
Total Obligations..................... $518 $830 $1,088 $1,306 $14 $3,756
----------------------------------------------------------------------------------------------------------------
FEDERAL CITIZEN SERVICES FUND
Appropriation, fiscal year 2009....................... $36,096,000
Budget request, fiscal year 2010...................... 36,515,000
Recommended in the bill............................... 36,515,000
Bill compared with:
Appropriation, fiscal year 2009................... +419,000
Budget request, fiscal year 2010.................. - - -
The Consumer Information Center (CIC) was established
within GSA by Executive Order on October 26, 1970, to help
Federal departments and agencies promote and distribute
consumer information collected as a byproduct of the
Government's program activities.
The Federal Information Center (FIC) program was
established within the GSA in 1966, and was formalized by
Public Law 95-491 in 1980. The program's purpose is to provide
the public with direct information about all aspects of Federal
programs, regulations, and services. To accomplish this
mission, contractual services are used to respond to public
inquiries via a nationwide toll-free telephone call center.
In 2000, the CIC assumed responsibility for the operations
of the FIC program with the resulting organization being
officially named the Federal Consumer Information Center. The
Federal Consumer Information Center combines the nationwide
toll-free telephone assistance program and the database of the
FIC with the CIC website and publications distribution
programs.
During fiscal year 2002, the Federal Consumer Information
Center became part of GSA's newly established Office of Citizen
Services and Communications and was renamed the Federal Citizen
Information Center (FCIC). The new Office serves as a central
Federal gateway for citizens, businesses, other governments,
and the media to obtain information and services from the
government. FCIC assumed operational control of the
FirstGov.gov website in fiscal year 2002.
Public Law 98-63, enacted July 30, 1983, established a
revolving fund for the CIC. Under this fund, FCIC activities
are financed from the following: annual appropriations from the
general funds of the Treasury, reimbursements from agencies for
distribution of publications, user fees collected from the
public, and any other income incident to FCIC activities. All
are available as authorized in appropriation acts without
regard to fiscal year limitations.
Section 507 of the fiscal year 2009 bill authorized a
change in the account name to the Federal Citizen Services
Fund.
COMMITTEE RECOMMENDATION
For fiscal year 2010, the Committee recommends $36,515,000,
an increase of $419,000 over the level for fiscal year 2009 and
the same as the budget request.
The appropriation will be augmented by reimbursements from
Federal agencies for distribution of consumer publications,
user fees from the public, and other income.
The bill includes a limitation of $61,000,000 on the
availability of the revolving fund. Any revenues accruing to
this fund in excess of this amount shall remain in the fund and
are not available for expenditure except as authorized in
appropriation Acts.
ADMINISTRATIVE PROVISIONS--GENERAL SERVICES ADMINISTRATION
(INCLUDING TRANSFERS OF FUNDS)
Section 501. The Committee continues the provision
providing authority for the use of funds for the hire of motor
vehicles.
Section 502. The Committee continues the provision
providing that funds made available for activities of the
Federal Buildings Fund may be transferred between
appropriations with advance approval of the Congress.
Section 503. The Committee continues the provision
prohibiting the use of funds for developing courthouse
construction requests that do not meet GSA standards and the
priorities of the Judicial Conference.
Section 504. The Committee continues the provision
providing that no funds may be used to increase the amount of
occupiable square feet, provide cleaning services, security
enhancements, or any other service usually provided, to any
agency which does not pay the requested rent.
Section 505. The Committee continues the provision that
permits GSA to pay small claims (up to $250,000) made against
the government.
Section 506. The Committee continues the provision
requiring the Administrator to ensure that the delineated area
of procurement for all lease agreements is identical to the
delineated area included in the prospectus unless prior notice
is given to the Committees.
Section 507. The Committee continues the provision
authorizing relief and disaster organizations to use GSA
procurement schedules.
Merit Systems Protection Board
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2009....................... $41,390,000
Budget request, fiscal year 2010...................... 42,918,000
Recommended in the bill............................... 42,918,000
Bill compared with:
Appropriation, fiscal year 2009................... +1,528,000
Budget request, fiscal year 2010.................. - - -
The Merit Systems Protection Board (MSPB) is an
independent, quasi-judicial agency established to protect the
civil service merit system. The MSPB adjudicates appeals
primarily involving personnel actions, certain Federal employee
complaints, and retirement benefits issues. The MSPB reports to
the President whether merit systems are sufficiently free of
prohibited employment practices.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $42,918,000
for the Merit Systems Protection Board, an increase of
$1,528,000 above the amount appropriated in fiscal year 2009
and the same as the budget request. This amount includes up to
$2,579,000 in transfer from the Civil Service Retirement and
Disability Fund. The recommendation provides funding for
mandatory pay raises, increased rent payments, and other non-
personnel cost increases.
Morris K. Udall Scholarship and Excellence in National Environmental
Policy Foundation
MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL ENVIRONMENTAL
POLICY TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2009....................... $3,750,000
Budget request, fiscal year 2010...................... 2,200,000
Recommended in the bill............................... 2,200,000
Bill compared with:
Appropriation, fiscal year 2009................... -1,550,000
Budget request, fiscal year 2010.................. - - -
The Morris K. Udall Scholarship and Excellence in National
Environmental and Native American Public Policy Act of 1992,
Public Law 102-259, established the Foundation in recognition
of Congressman Morris K. Udall as a champion for Native
American and Alaskan Native rights, and for his leadership in
encouraging a greater awareness of our nation's environment,
public lands and natural resources. The Trust Fund supports the
Foundation's scholarship, internship and research grant
programs that promote educational opportunities and careers
related to the environment, Native health care and tribal
public policy. The Fund also allows the Foundation to carry out
its mission of providing management and leadership training to
tribes and tribal leaders through the University of Arizona's
Udall Center for Studies in Public Policy, Native Nations
Institute.
COMMITTEE RECOMMENDATION
The Committee recommends $2,200,000 for the Morris K. Udall
Scholarship and Excellence in National Environmental Policy
Trust Fund, which is the same as the President's request and
$1,550,000 below fiscal year 2009. The Committee allows the
Foundation to transfer up to 60 percent to carry out its
activities.
ENVIRONMENTAL DISPUTE RESOLUTION FUND
Appropriation, fiscal year 2009....................... $2,100,000
Budget request, fiscal year 2010...................... 3,800,000
Recommended in the bill............................... 3,800,000
Bill compared with:
Appropriation, fiscal year 2009................... +1,700,000
Budget request, fiscal year 2010.................. - - -
The United States Institute for Environmental Conflict
Resolution was established as part of the Morris K. Udall
Foundation through the Environmental Policy and Conflict
Resolution Act of 1998, Public Law 105-156. The Institute
provides assessment, mediation and environmental conflict
resolution services in order to resolve environmental disputes
among Federal agencies. The Act also established the
Environmental Dispute Resolution Fund within Treasury to assist
the Foundation in operating the Institute.
COMMITTEE RECOMMENDATION
The Committee recommends $3,800,000 for the Environmental
Dispute Resolution Fund, which is the same as the President's
request and an increase of $1,700,000 above fiscal year 2009.
National Archives and Records Administration
OPERATING EXPENSES
Appropriation, fiscal year 2009....................... $330,308,000
Budget request, fiscal year 2010...................... 339,770,000
Recommended in the bill............................... 339,770,000
Bill compared with:
Appropriation, fiscal year 2009................... +9,462,000
Budget request, fiscal year 2010.................. - - -
This appropriation provides the National Archives and
Records Administration (NARA) with funds for its basic
operations dealing with management of the Federal Government's
archives and records, services to the public, operation of
Presidential libraries, and review for declassification of
classified security information.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $339,770,000
for the operating expenses of NARA, the same as the budget
request and an increase of $9,462,000 above the fiscal year
2009 enacted level.
NARA Information Security.--The Committee is greatly
disturbed by the news of the loss of a computer hard drive from
the NARA facility in College Park, Maryland. This hard drive
contains more than one terabyte of information. Given the
extreme sensitivity of much of this information, it is of
utmost importance that NARA adhere to proper information
security procedures. Among other things, the missing hard drive
includes information relating to White House and Secret Service
operating procedures and personally identifying information
(including social security numbers) of White House staff and
visitors. The Committee notes that NARA has begun a review of
its internal controls and is offering a reward for information
leading to the recovery of the hard drive. The Committee
directs NARA to report to the Committee, within 30 days of
enactment of this Act, on improvements made or planned to
NARA's information security posture, to ensure the security of
sensitive information.
NARA and the U.S. Territories.--The Committee strongly
commends NARA for its special exhibits and public programs,
held throughout the year, which explore many facets of
America's history and peoples. The Committee encourages NARA to
continue these efforts and also to include exhibits and public
programs exploring the unique histories and contributions of
the U.S. territories.
OFFICE OF INSPECTOR GENERAL
Appropriation, fiscal year 2009....................... - - -
Budget request, fiscal year 2010...................... 4,100,000
Recommended in the bill............................... 4,100,000
Bill compared with:
Appropriation, fiscal year 2009................... +4,100,000
Budget request, fiscal year 2010.................. - - -
The Office of Inspector General (OIG) provides objective
audits and investigations and serves as an independent,
internal advocate to promote economy, efficiency, and
effectiveness at NARA. Previously, funding for this office was
included as part of NARA's Operating Expenses appropriation.
COMMITTEE RECOMMENDATION
The Committee recommends $4,100,000 for the OIG, the same
as the request and an increase of $1,048,000 over the
comparable fiscal year 2009 level. In prior years, funding for
the OIG was included in the Operating Expenses account.
Included in the recommendation is $500,000 for the
requested increase in criminal investigator and program auditor
staff to allow the OIG to carry out its expanding audit and
investigative responsibilities.
ELECTRONIC RECORDS ARCHIVES
Appropriation, fiscal year 2009....................... $67,008,000
Budget request, fiscal year 2010...................... 85,500,000
Recommended in the bill............................... 85,500,000
Bill compared with:
Appropriation, fiscal year 2009................... +18,492,000
Budget request, fiscal year 2010.................. - - -
The Electronic Records Archives appropriation supports all
direct NARA actions and activities associated with this major
project for preserving digitally created records for archival
purposes, storing and managing them electronically, and
ensuring appropriate long-term access.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $85,500,000
for the Electronic Records Archives (ERA) project, an increase
of $18,492,000 above the fiscal year 2009 enacted level and the
same as the budget request. Consistent with previous years, the
release of the funds is subject to the approval by the
Committees on Appropriations of an expenditure plan that has
first been reviewed by the Government Accountability Office
(GAO).
Although the Committee is agreeing at this time to provide
the requested amount for this important effort, and although
there is evidence of progress in the ERA project, the Committee
continues to be deeply concerned about the overall direction of
ERA and the efforts of NARA and the project contractor. Despite
spending $40,000,000 to develop the capability to ingest and
search presidential records, NARA has successfully ingested
only a small percentage of the George W. Bush Administration's
electronic records, and relied on other, less expensive systems
to support most searches for electronic presidential records
since the transition.
In addition, the Committee is disappointed that the full-
year ERA expenditure plan for fiscal year 2009 was not
delivered to the Committee until halfway through fiscal year
2009, and once submitted, appeared to be a less than complete
report. As GAO has also noted, the cost, schedule, and
performance data included in the expenditure plan did not
provide a clear picture of ERA system progress. For a
significant portion of the fiscal year 2009 funds, the
expenditure plan did not specify the outcomes expected by NARA,
as NARA was still negotiating these details with the project
contractor even as late as the second half of fiscal year 2009.
The plan revised several project milestones by pushing
deadlines into the future, while at the same time failing to
provide specific information as to what functionality will be
included in future increments and at what cost.
The Committee expects clear and substantial progress in all
of these areas and better performance from both NARA and the
project contractor. Future funding requests will be evaluated
accordingly. The Committee expects better planning and
contractor oversight from NARA, as well as more timely
submission of the expenditure plan, which should also include
the projected total cost of the ERA project. The cost,
schedule, and performance data in the expenditure plan should
provide a clear picture of ERA system progress, showing in
specific detail the system functionality that will be delivered
with the funding appropriated. The Committee continues its
directive that NARA report to the Committee on a quarterly
basis on the progress of ERA, showing summary measures of
project performance against ERA cost and schedule estimates. As
recommended by GAO, NARA should strengthen the earned value
management process by following the practices described in
GAO's guide. The Committee further directs NARA to immediately
report to both the Committee and to GAO any potential delays,
cost overruns, or other problems associated with ERA
development.
REPAIRS AND RESTORATION
Appropriation, fiscal year 2009....................... $50,711,000
Budget request, fiscal year 2010...................... 27,500,000
Recommended in the bill............................... 27,500,000
Bill compared with:
Appropriation, fiscal year 2009................... -23,211,000
Budget request, fiscal year 2010.................. - - -
This appropriation provides for the repair, alteration, and
improvement of Archives facilities and Presidential libraries
nationwide. It enables the National Archives to maintain its
facilities in proper condition for visitors, researchers, and
employees, and also maintain the structural integrity of the
buildings.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $27,500,000
for repairs and restoration, the same as the budget request and
$23,211,000 below the fiscal year 2009 enacted level. Included
in the amount is the requested $17,500,000 to complete the
renovation of the Franklin D. Roosevelt Presidential Library in
Hyde Park, NY, which NARA's capital improvements plan has
identified as NARA's highest priority capital improvement need.
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION GRANTS PROGRAM
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2009....................... $11,250,000
Budget request, fiscal year 2010...................... 10,000,000
Recommended in the bill............................... 13,000,000
Bill compared with:
Appropriation, fiscal year 2009................... +1,750,000
Budget request, fiscal year 2010.................. +3,000,000
The National Historical Publications and Records Commission
(NHPRC) program provides for grants to preserve and publish
records that document American history. Administered within the
National Archives and Records Administration, the NHPRC helps
state, local, and private institutions preserve non-federal
records, helps publish the papers of major figures in American
history, and helps archivists and records managers improve
their techniques, training, and ability to serve a range of
information users.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $13,000,000
for the National Historical Publications and Records Commission
grants program, an increase of $3,000,000 above the request and
$1,750,000 above the fiscal year 2009 enacted level. Included
in the amount is $4,500,000, as requested by the President, for
the initiative to provide online access to the papers of the
Founding Fathers.
National Credit Union Administration
CENTRAL LIQUIDITY FACILITY
Some of the Nation's credit unions have been caught up in
the current financial crisis, either by their investments in
troubled assets or the inability of their borrowers to service
their credit union debts because of income losses. For many
years, this Committee imposed a limitation on the Central
Liquidity Facility (CLF) lending activity to member credit
unions from borrowed funds. In fiscal year 2008, that
limitation was $1,500,000,000. In the wake of the financial
crisis in the fall of 2008, the Committee did not impose a
limitation on CLF borrowing for fiscal year 2009 and it left
only the limitation under the Federal Credit Union Act. By June
2009, the CLF had borrowed more than $20 billion. Because of
uncertainties surrounding the current financial crisis, the
Committee does not impose a limitation for fiscal year 2010.
The Committee raised the limit on administrative expenses of
the CLF to no more than $1,250,000 in fiscal year 2009 and
continues that limit in fiscal year 2010.
The Committee believes that the financial difficulties of
lower income Americans deserve at least as much attention as
those of large corporations and higher income Americans. The
Nation's Community Development Credit Unions who serve those
lower income Americans have also been under stress from the
economic and financial crisis. The Committee urges the NCUA to
consider the financial needs of lower income Americans and the
credit unions that serve them as it administers the CLF, the
Community Development Revolving Loan Fund, and other policy
levers under its control and as it develops other future
policies.
COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
Appropriation, fiscal year 2009....................... $1,000,000
Budget request, fiscal year 2010...................... 1,000,000
Recommended in the bill............................... 1,000,000
Bill compared with:
Appropriation, fiscal year 2009................... - - -
Budget request, fiscal year 2010.................. - - -
The Community Development Revolving Loan Fund Program
(CDRLF) was established in 1979 to assist officially designated
``low-income'' credit unions in providing basic financial
services to low-income communities. Low-interest loans and
deposits are made available to assist these credit unions.
Loans or deposits are normally repaid in five years, although
shorter repayment periods may be considered. Technical
assistance grants are also available to low-income credit
unions. Earnings generated from the CDRLF are available to fund
technical assistance grants in addition to funds provided for
specifically in appropriations acts. Grants are available for
improving operations as well as addressing safety and soundness
issues.
COMMITTEE RECOMMENDATION
For fiscal year 2010, the Committee recommends $1,000,000
for the National Credit Union Administration's Community
Development Revolving Loan Fund for technical assistance
grants. While the Administration and NCUA have not requested
additional funds for loans in fiscal year 2010, the Committee
expects the CDRLF to continue making loans from their available
funds derived from repaid loans and interest earned on previous
loans to designated credit unions.
Office of Government Ethics
SALARIES AND EXPENSES
Appropriation, fiscal year 2009....................... $13,000,000
Budget request, fiscal year 2010...................... 13,665,000
Recommended in the bill............................... 14,415,000
Bill compared with:
Appropriation, fiscal year 2009................... +1,415,000
Budget request, fiscal year 2010.................. +750,000
The Office of Government Ethics (OGE), established by the
Ethics in Government Act of 1978, partners with other executive
branch Departments and agencies to foster high ethical
standards. The OGE issues and monitors rules, regulations, and
memoranda pertaining to the prevention and resolution of
conflicts of interest, post-employment restrictions, standards
of conduct, and financial disclosure for executive branch
employees.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $14,415,000
for the Office of Government Ethics, an increase of $1,415,000
above the amount appropriated in fiscal year 2009 and $750,000
above the request level. Funding is provided above the request
level to allow the OGE to hire additional staff to address
workload needs resulting from Executive Order 13490. This order
outlines the new Administration's ethics rules for presidential
appointees and the workload associated with implementing the
order has added significantly to OGE's mission. The Committee
recommendation includes the $275,000 requested to begin work on
the ``Ethics.gov'' website. Once completed, this publically-
accessible website will serve as an online clearinghouse for
Executive Branch ethics documents.
Office of Personnel Management
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
Appropriation, fiscal year 2009:
General fund...................................... $92,829,000
Transfer from trust funds......................... 118,082,000
Budget request, fiscal year 2010:
General fund...................................... 94,970,000
Transfer from trust funds......................... 113,238,000
Recommended in the bill:
General fund...................................... 97,970,000
Transfer from trust funds......................... 113,238,000
Bill compared with:
Appropriation, fiscal year 2009:
General fund.................................... +5,141,000
Transfer from trust funds....................... -4,844,000
Budget request, fiscal year 2010:
General fund.................................... +3,000,000
Transfer from trust funds....................... ---
The Office of Personnel Management (OPM) is the Federal
Government agency responsible for management of Federal human
resources policy and oversight of the merit civil service
system. Although individual agencies are increasingly
responsible for personnel operations, OPM provides a
Government-wide policy framework for personnel matters, advises
and assists agencies (often on a reimbursable basis), and
ensures that agency operations are consistent with requirements
of law, with emphasis on such issues as veterans preference.
OPM oversees examining of applicants for employment, issues
regulations and policies on hiring, classification and pay,
training, investigations, and many other aspects of personnel
management, and operates a reimbursable training program for
the Federal Government's managers and executives. OPM is also
responsible for administering the retirement, health benefits
and life insurance programs affecting most Federal employees,
retired Federal employees, and their survivors.
COMMITTEE RECOMMENDATION
The Committee recommends a general fund appropriation of
$97,970,000 for OPM, an increase of $5,141,000 above the fiscal
year 2009 level and $3,000,000 above the budget request. The
recommendation includes $5,908,000 for the Enterprise Human
Resources Integration project and $1,364,000 for the Human
Resources Line of Business project.
The Committee also recommends $113,238,000 for
administrative expenses to be transferred from the appropriate
trust funds. The amount includes $9,364,000 for the cost of
implementing the new integrated financial system and $4,248,000
for automating the retirement recordkeeping systems.
Additional funds above the request level are provided for
new initiatives to expand the recruitment and hiring of
veterans government-wide, and to streamline Federal hiring. The
Committee recognizes and appreciates the unique talents that
former members of our armed forces can bring to the Federal
civilian workforce and strongly supports OPM's efforts to
increase the number of veterans in government service. The
Committee directs that OPM submit a report in February 2011,
concurrent with its fiscal year 2012 budget submission,
detailing by agency the number of veterans hired in the
Executive Branch during fiscal year 2010 through this
initiative. For comparison purposes, the report should include
the same information for veterans hired in fiscal years 2008
and 2009.
Additional funds above the request level are also provided
to create a central ``registry'' of qualified applicants for
the most recruited positions in the Federal government in order
to streamline Federal hiring practices.
The fiscal year 2010 request reflects a base decrease of
$11 million associated with OPM's decision to re-evaluate the
future of its retirement systems modernization effort, formerly
known as the RetireEZ program. Problems with RetireEZ are well
documented including the October 2008 cancellation of a $290
million contract due to contract performance issues. While the
Committee commends OPM's new leadership for putting on hold
requests for funding enhancements for retirement modernization
until a full review of previous efforts can be completed, the
Committee remains concerned with the findings of a GAO report
commissioned by this Committee last year and completed in April
2009. GAO identified chronic problems in OPM's retirement
modernization program and stated that OPM is not currently
positioned to effectively manage its retirement modernization
initiative. GAO cited significant management weaknesses in five
areas that are important to the success of OPM's retirement
modernization program: cost estimating, earned value
management, requirements management, testing, and program
oversight. The Committee directs OPM to continue submitting
quarterly reports on the retirement modernization program and
directs OPM to include GAO on distribution of this report.
Further, the Committee directs that future work on the
retirement modernization program move forward within the
framework of the six recommendations made by GAO in its April
2009 report (OPM concurred with all six recommendations). The
Committee expects that future work on retirement modernization
will receive that highest level of attention possible from OPM
leadership in order to ensure success of the program.
The Committee is concerned regarding recent incidents of
fraud in OPM's investigative services program involving the
submission of fabricated background investigations by OPM
investigative staff and contractors. This program provides
personnel background investigative services to determine
individuals' suitability for Federal civilian, military,
contract employment and eligibility for access to classified
national security information. The background investigations
are performed by 6,300 Federal and contract investigators
working throughout the United States and abroad. Given the
national security implications associated with individuals
potentially accessing classified information without being
properly vetted, OPM is directed to report to the Committee
within 60 days of enactment of this Act on the number of fraud
cases involving fabricated background investigations, the
number of cases prosecuted in Federal court (including case
disposition), and what, if any, quality control measures OPM
has implemented to prevent further fraud in this program as
well as to ensure early detection of fabricated reports.
The Committee recommendation includes funding for the
continued implementation of the Intergovernmental Personnel Act
Mobility Program which provides for the temporary assignment of
personnel between the Federal Government and state and local
governments, colleges and universities, Indian tribal
governments, federally funded research and development centers,
and other eligible organizations.
The Committee appreciates the importance of OPM's Federal
Human Capital Survey in providing data for independent analyses
of Federal employee satisfaction. OPM shall continue to make
agencies' survey data publicly available in a consistent and
consolidated format, and in a timely manner.
As part of the effort to recruit talented Federal workers,
the Committee strongly urges OPM to increase its efforts to
encourage Federal agencies to reach out to diverse populations
in their recruitment efforts. The most recent annual Federal
Equal Opportunity Recruitment Program Report to Congress notes
that minorities continue to make gains in representation within
the Federal workforce. However, the report also notes that
women and Hispanics lag in representation within the Federal
workforce as compared to the civilian labor force. The
Committee urges OPM to continue to look for ways to diversify
the Federal workforce.
The Committee further believes that Federal agencies should
increase recruitment efforts within the United States
territories. The territories are home to thousands of U.S.
citizens who may not be fully aware of the employment
opportunities that exist within the Federal Government. Some
agencies have taken steps to recruit from the territories, but
others have not yet. OPM should spearhead the effort to
encourage individual agency human resource offices to take
advantage of the talent pool that exists in the U.S.
territories.
The Committee notes that according to the Centers for
Medicare and Medicaid Services, the U.S. spends more on
healthcare per capita than any other nation, a trend likely to
continue. While the Committee is strongly supportive of the
Federal Employee Health Benefit Program (FEHB) it remains
concerned about the financial burden that increasing health
care costs are having on Federal workers and their families.
Virtually all plans offered under the FEHB are increasing the
out-of-pocket deductibles required of Federal workers, retirees
and their families. Because of the burden these costs pose to
Federal workers, the Committee directs OPM to consider
alternatives to paying healthcare deductibles out-of-pocket at
the time of service, and the feasibility and the cost of
implementing any such alternatives. Alternatives considered
should include allowing Federal employees to voluntarily enroll
in a payroll deduction credit program that would allow them to
repay healthcare expenses over time through pre-tax payroll
deductions at low, affordable rates. The Committee expects the
Director of OPM to submit a report detailing consideration of
alternatives within 120 days of enactment of this Act.
Office of Inspector General
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
Appropriation, fiscal year 2009:
General fund...................................... $1,828,000
Transfer from trust funds......................... 18,755,000
Budget request, fiscal year 2010:
General fund...................................... 2,136,000
Transfer from trust funds......................... 20,428,000
Recommended in the bill:
General fund...................................... 3,148,000
Transfer from trust funds......................... 20,428,000
Bill compared with:
Appropriation, fiscal year 2009:
General fund...................................... +1,320,000
Transfer from trust funds......................... +1,673,000
Budget request, fiscal year 2010:
General fund...................................... +1,012,000
Transfer from trust funds......................... - - -
This appropriation provides agency-wide 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.
COMMITTEE RECOMMENDATION
The Committee recommends a general fund appropriation of
$3,148,000 for the Office of Inspector General (OIG) of the
Office of Personnel Management, an increase of $1,320,000 above
the amount appropriated in fiscal year 2009 and $1,012,000
above the request level. In addition, the recommendation
provides $20,428,000 from appropriate trust funds, which is
$1,673,000 above the fiscal year 2009 level and equal to the
request.
The $1,012,000 above the request is recommended to enable
the OIG to hire additional staff in order to improve its
statutory oversight over OPM's revolving fund programs. OIG's
resources have not kept pace with the expansion of OPM's
revolving fund programs, particularly the increase in the
number of background investigations associated with the
transfer of the Department of Defense, Defense Security
Service's personnel security function to OPM in 2005. Since
that transfer the OIG has been conducting criminal
investigations of OPM investigative staff and contractors
involving the fabrication of background reports. The Committee
commends the OIG for aggressively investigating and prosecuting
these cases and directs the OIG to utilize the additional funds
provided to hire needed staff to continue its important work in
this area.
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES HEALTH BENEFITS
Appropriation, fiscal year 2009....................... $9,533,000,000
Budget request, fiscal year 2010...................... 9,814,000,000
Recommended in the bill............................... 9,814,000,000
Bill compared with:
Appropriation, fiscal year 2009................... +281,000,000
Budget request, fiscal year 2010.................. - - -
This appropriation covers: (1) the Government's share of
the cost of health insurance for 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
annuitants who were retired when the Federal employees health
benefits law became effective, as defined in the Retired
Federal Employees Health Benefits Act of 1960; and (3) the
Government's contribution for payment of administrative
expenses incurred by the Office of Personnel Management in
administration of the Act.
COMMITTEE RECOMMENDATION
The Committee recommends a mandatory appropriation
estimated at $9,814,000,000 for the Government Payment for
Annuitants, Employees Health Benefits, an increase of
$281,000,000 above the fiscal year 2009 enacted level.
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES LIFE INSURANCE
Appropriation, fiscal year 2009....................... $46,000,000
Budget request, fiscal year 2010...................... 48,000,000
Recommended in the bill............................... 48,000,000
Bill compared with:
Appropriation, fiscal year 2009................... +2,000,000
Budget request, fiscal year 2010.................. - - -
This appropriation finances the Government's share of
premiums, which is one-third the cost, for basic life insurance
for annuitants retiring after December 31, 1989, and who are
less than 65 years old.
COMMITTEE RECOMMENDATION
The Committee recommends a mandatory appropriation
estimated at $48,000,000 for the Government Payment for
Annuitants, Employees Life Insurance, an increase of $2,000,000
above the fiscal year 2009 enacted level.
PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND
Appropriation, fiscal year 2009....................... $10,550,000,000
Budget request, fiscal year 2010...................... 10,276,000,000
Recommended in the bill............................... 10,276,000,000
Bill compared with:
Appropriation, fiscal year 2009................... -274,000,000
Budget request, fiscal year 2010.................. - - -
This appropriation provides for payment of annuities,
including the payment of annuities under special acts for
persons employed on the construction of the Panama Canal or
their widows and widows of employees of the Lighthouse Service;
payment of the Federal Government share of retirement costs of
the unfunded liability resulting from any statute authorizing
new or liberalized benefits, extension of retirement coverage,
or pay increases; transfers for interest on unfunded liability
and payment of military service annuities covering interest on
the unfunded liability and annuity disbursements for military
service; payments for spouse equity providing survivor
annuities to eligible former spouses of annuitants who died
between September 1978 and May 1986 and did not elect survivor
coverage; and transfers for payment of FERS supplemental
liability covering annual amortization payments financing
supplemental liabilities for FERS.
COMMITTEE RECOMMENDATION
The Committee recommends a mandatory appropriation
estimated at $10,276,000,000 for the Payment to Civil Service
Retirement and Disability Fund, a decrease of $274,000,000
below the fiscal year 2009 enacted level.
Office of Special Counsel
SALARIES AND EXPENSES
Appropriation, fiscal year 2009....................... $17,468,000
Budget request, fiscal year 2010...................... 18,495,000
Recommended in the bill............................... 18,495,000
Bill compared with:
Appropriation, fiscal year 2009................... +1,027,000
Budget request, fiscal year 2010.................. - - -
The Office of Special Counsel (OSC): (1) investigates
Federal employee allegations of prohibited personnel practices
(including reprisal for whistleblowing) and, when appropriate,
prosecutes before the Merit Systems Protection Board; (2)
provides a channel for whistleblowing by Federal employees; and
(3) enforces the Hatch Act. The Office may transmit
whistleblower allegations to the agency head concerned and
require an agency investigation and a report to the Congress
and the President when appropriate.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $18,495,000
for the Office of Special Counsel, an increase of $1,027,000
above the amount appropriated in fiscal year 2009 and the same
as the budget request. The increased funding provides for
standard pay and non-pay adjustments as well as higher
projected rent costs associated with starting a new 10-year
space lease with the General Services Administration in October
2009.
Postal Regulatory Commission
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2009....................... $14,043,000
Budget request, fiscal year 2010...................... 14,333,000
Recommended in the bill............................... 14,333,000
Bill compared with:
Appropriation, fiscal year 2009................... +290,000
Budget request, fiscal year 2010.................. - - -
The Postal Accountability and Enhancement Act (PAEA) of
2006, Public Law 109-435, authorized the Postal Regulatory
Commission to receive appropriations by transfer from the
Postal Service Fund beginning in fiscal year 2010, and required
the Commission to submit to Congress a budget of its expenses.
The Commission establishes and maintains the U.S. Postal
Service's ratemaking systems, measures service and performance,
ensures accountability, and has stronger enforcement
mechanisms, including the authority to issues subpoenas.
COMMITTEE RECOMMENDATION
The Committee recommends $14,333,000, equal to the
President's request and $290,000 above fiscal year 2009, for
the operations of the Commission.
Privacy and Civil Liberties Oversight Board
SALARIES AND EXPENSES
Appropriation, fiscal year 2009....................... $1,500,000
Budget request, fiscal year 2010...................... 2,000,000
Recommended in the bill............................... 2,000,000
Bill compared with:
Appropriation, fiscal year 2009................... +500,000
Budget request, fiscal year 2010.................. - - -
Under Public Law 110-53, the Implementing Recommendations
of the 9/11 Commission Act of 2007, the Privacy and Civil
Liberties Oversight Board (PCLOB) was reconstituted as an
independent agency within the Executive Branch. The purpose of
the PCLOB is to (1) analyze and review actions the Executive
Branch takes to protect the nation from terrorism, ensuring
that the need for such actions is balanced with the need to
protect privacy and civil liberties; and (2) ensure that
liberty concerns are appropriately considered in the
development and implementation of laws, regulations, and
policies related to efforts to protect the nation against
terrorism.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $2,000,000 for
the PCLOB, $500,000 over the fiscal year 2009 level and the
same as the requested level.
Securities and Exchange Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2009....................... $960,000,000
Budget request, fiscal year 2010...................... 1,026,000,000
Recommended in the bill............................... 1,036,000,000
Bill compared with:
Appropriation, fiscal year 2009................... +76,000,000
Budget request, fiscal year 2010.................. +10,000,000
The primary mission of the Securities and Exchange
Commission (SEC) is to protect investors, maintain the
integrity of the securities markets, and assure adequate
information on the capital markets is made available to market
participants and policy makers. This includes monitoring the
rapid evolution of the capital markets, ensuring full
disclosure of all appropriate financial information, regulating
the nation's securities markets, and preventing fraud and
malpractice in the securities and financial markets.
COMMITTEE RECOMMENDATION
The Committee recommendation includes $1,036,000,000 for
the SEC, including $1,025,780,000 from new fee collections and
$10,220,000 from prior year balances. This total funding level
is $76,000,000 above the resources provided in fiscal year 2009
and $10,000,000 above the request.
The U.S. economy is experiencing the worst economic
downturn since the Great Depression of the 1930s. Experts
believe that, among other factors, some problems under the
purview of the SEC have contributed to this downturn, including
inadequate regulation of investment banks, hedge funds, private
equity funds, ratings agencies, and accounting firms. When the
new SEC Chairman testified before the Financial Services
Subcommittee, she promised that, with the additional funding
requested, the SEC could become more aggressive in rule-making
for new and expanding financial instruments and organizations,
investigations and enforcement.
The Committee not only funds the full request, but it
provides $10 million more than the request to enhance capital
market rule-making, oversight, enforcement, and investor
protection activities, including investigations of fraud,
market manipulation, insider trading, Ponzi schemes and other
investment scams. In particular, the SEC should be able to
direct additional resources to improved oversight of hedge
funds, private equity funds, and other investment arrangements
that recent experience shows have had inadequate oversight and
regulation.
The current financial crisis presents an opportunity for
the SEC. As both financial firms and securities law firms
reduce staff, the SEC should be able to recruit experienced
securities lawyers and financial analysts who can help unravel
fraud and regulatory end-runs in increasingly complex financial
arrangements.
The Committee is concerned that the SEC failed to prevent
several massive Ponzi schemes. The SEC even conducted
investigations of the Bernard Madoff enterprises and apparently
failed to uncover the fraud estimated by prosecutors to cost
investors $65 billion in wealth they thought they had. The
Committee looks forward to the Inspector General's report on
how the SEC failed to uncover Mr. Madoff's fraud. The Committee
expects the SEC to strengthen the expertise of its staff so
that such schemes cannot miss detection in the future.
The Committee is also concerned by reports that the
Inspector General's Office at the SEC is investigating two SEC
attorneys for insider trading.
For the first time, the Committee designates a specific
amount for the Office of the Inspector General at the SEC. The
Committee believes that an agency as large, as influential, and
as subject to pressures for corruption as the SEC should not
have its IG budget set by agency leadership rather than by
Congress. For fiscal year 2010, the Committee recommends
funding for the IG at no less than $4.4 million, an amount that
should allow the number of full time equivalent employees to
increase from 11 in fiscal year 2008 to 16 in the current
fiscal year to 19 in fiscal year 2010, as requested by the
SEC's Inspector General.
The Committee expects additional resources to be provided
to the Office of Investor Education and Advocacy to expand
investor education and financial literacy activities. The
Committee believes that increased investor education will help
investors make informed decisions and avoid financial fraud.
The Committee recommendation also includes bill language
requested by the President that: (1) allows for the rental of
space; (2) makes up to $3,500 available for official reception
and representation expenses; (3) makes up to $20,000 available
for a permanent secretariat for the International Organization
of Securities Commissions; and (4) makes up to $100,000
available for expenses of meetings and consultations with
foreign governmental and regulatory officials.
The SEC shall issue such regulations as may be necessary to
ensure that all companies sold on U.S. exchanges operating in
State Department-designated terrorist-sponsoring states are
disclosing such activities to investors;
The SEC's Office of Global Security Risk within the
Division of Corporation Finance shall report within 90 days and
every six months thereafter on the steps it has taken to carry
out its mandate as established in House Report 108-221,
specifically:
(1) establishing a process by which the SEC
identifies all companies on U.S. exchanges operating in
State Department-designated terrorist-sponsoring
states;
(2) ensuring that all companies sold on U.S.
exchanges operating in State Department-designated
terrorist-sponsoring states are disclosing such
activities to investors;
(3) implementing enhanced disclosure requirements
based on the asymmetric nature of the risk to corporate
share value and reputation stemming from business
interests in these higher risk countries;
(4) coordinating with other government agencies to
ensure the sharing of relevant information across the
Federal government; and
(5) initiating a global dialogue to ensure that
foreign corporations whose shares are traded in the
United States are properly disclosing their activities
in State Department-designated terrorist-sponsoring
states to American investors.
Selective Service System
SALARIES AND EXPENSES
Appropriation, fiscal year 2009....................... $22,000,000
Budget request, fiscal year 2010...................... 24,400,000
Recommended in the bill............................... 24,150,000
Bill compared with:
Appropriation, fiscal year 2009................... +2,150,000
Budget request, fiscal year 2010.................. -250,000
The Selective Service System was established by the
Selective Service Act of 1948. The basic mission of the System
is to be prepared to supply manpower to the Armed Forces
adequate to ensure the security of the United States during a
time of national emergency. Since 1973, the Armed Forces have
relied on volunteers to fill military manpower requirements,
but selective service registration was reinstituted in July,
1980.
COMMITTEE RECOMMENDATION
For fiscal year 2010, the Committee recommends $24,150,000
for the Selective Service System, an increase of $2,150,000
above the amount appropriated in fiscal year 2009 and $250,000
below the budget request.
Small Business Administration
The Small Business Administration (SBA) assists small
businesses through programs involving loans, grants, and
contracting preferences. These programs maintain and strengthen
an economy that depends on small businesses for 60 to 80
percent of job creation. SBA programs also serve disadvantaged
populations so that their small business enterprises may
overcome economic and social obstacles to success.
The recommendation provides a total of $847,987,000 for the
Small Business Administration. This amount is $68,687,000 above
the budget request. Detailed guidance for the SBA
appropriations accounts is presented below.
SALARIES AND EXPENSES
Appropriation, fiscal year 2009....................... $386,896,000
Budget request, fiscal year 2010...................... 422,000,000
Recommended in the bill............................... 428,387,000
Bill compared with:
Appropriation, fiscal year 2009................... +41,491,000
Budget request, fiscal year 2010.................. +6,387,000
COMMITTEE RECOMMENDATION
The Committee recommends $428,387,000 for the salaries and
expenses of the SBA, which is $41,491,000 above the current
year and $6,387,000 above the request.
Of the amount provided under this heading, $271,088,000 in
new budget authority is provided for the operating expenses of
the SBA. In addition, a total of $162,000,000 from other SBA
accounts may be transferred to and merged with the salaries and
expenses account for indirect operating costs. This amount
consists of $153,000,000 from the Business Loans Program
Account and $9,000,000 from the Disaster Loans Program Account
for administrative expenses related to those accounts. The
Committee also anticipates that the SBA will have an additional
$12,402,000 in fee receipts and $1,000,000 in reimbursable
amounts from other agencies available for operating expenses.
This will result in a total availability of $446,490,000 for
the operating expenses of the SBA.
The Committee recommendation for salaries and expenses
includes a total of $157,299,000 for non-credit initiatives as
follows:
[In thousands of dollars]
------------------------------------------------------------------------
------------------------------------------------------------------------
Small Business Development Centers......................... $110,000
Veterans Business Development.............................. 1,500
SCORE...................................................... 5,148
Women's Business Centers................................... 14,000
National Women's Business Council.......................... 1,000
Drug Free Workplace........................................ 1,030
Microloan Technical Assistance............................. 10,000
PRIME...................................................... 8,000
Native American Outreach................................... 1,040
7(j) Technical Assistance.................................. 3,397
HUBZone.................................................... 2,184
------------
Total, non-credit initiatives.............................. 157,299
------------------------------------------------------------------------
The SBA shall not reduce these non-credit programs from the
amounts specified above and the SBA shall not merge any of the
non-credit programs without advance written approval from the
Committee. Further, the Committee directs the SBA to support no
less than the fiscal year 2009 level of funding for the
National Ombudsman; the Office of Advocacy, including support
for the Advocacy Database; international trade programs; and
the defense transition program.
The Committee recommendation includes an increase of
$19,387,000 above the request level for non-credit programs.
Funding above the request level was provided for Small Business
Development Centers, PRIME, Veterans Business Development,
Women's Business Centers, and the National Women's Business
Council.
The Committee continues to support the work of the SBA
Microloan Program and the community-based intermediary
microlenders that provide loans and technical assistance to
small businesses unable to secure the credit they need through
conventional lenders. The Committee recommends $13 million for
the Microloan program in fiscal year 2010, the same as the
request. This amount includes $3 million in loan subsidy to
support an estimated $25 million in new lending, and $10
million for technical assistance. This funding recommendation
comes on top of the $22.5 million provided in fiscal year 2009
for the Microloan Program ($2.5 million in subsidy to support
$21 million in new lending, and $20 million for technical
assistance), and the $30 million provided in the American
Recovery and Reinvestment Act (ARRA) of 2009 ($6 million in
subsidy to support $50 million in new lending, and $24 million
for technical assistance).
The funding provided under ARRA was intended to increase
access to capital for micro-entrepreneurs who are facing a
tight credit market as conventional lenders pull back on small
business lending. The Committee is therefore concerned that as
of June 2009, more than four months after ARRA was enacted,
none of the ARRA microloan funding has been used to make new
loans or to provide technical assistance. The Committee
requests that SBA work closely with microloan intermediaries to
accelerate the availability of ARRA funds to borrowers. The
Committee directs SBA to provide a report within 30 days of
enactment of this Act detailing SBA's obligation plan, by
quarter, for spending both ARRA microloan funding as well as
the fiscal year 2010 microloan funding provided in this bill.
The Committee also recognizes that in this economic
downturn intermediary microlenders are spending more time
providing assistance and support to their existing business
borrowers including facilitating loan work-outs and
refinancings. The Committee urges the SBA to consider using a
portion of its ARRA funds to provide emergency technical
assistance grants to intermediary microlenders to allow these
lenders to service borrowers and maintain healthy loan
portfolios.
As mentioned above, the bill includes $10,000,000 for
microloan technical assistance which is $10,000,000 below the
fiscal year 2009 enacted level and equal to the budget request.
SBA has informed the Committee that the $10,000,000 requested
for fiscal year 2010, combined with anticipated unobligated
carryforward balances from the $24,000,000 in microloan
technical assistance funding provided in the American Recovery
and Reinvestment Act of 2009, will be sufficient to support
fiscal year 2010 program needs.
The Committee recommendation includes $10,000,000 to remain
available until September 30, 2011 for costs associated with a
possible relocation of SBA headquarters to another building. If
a relocation is required, SBA may use this funding for
appropriate relocation expenses, provided that SBA submits to
the Committee for approval a spending plan for these funds
prior to any obligations being incurred. If a relocation is not
required, the Committee directs SBA to reflect the full
$10,000,000 as an unobligated carryforward balance in its
fiscal year 2011 budget request to be used as a partial offset
to appropriations needs in that fiscal year.
The Committee recommendation provides $15,000,000 of the
$20,000,000 requested by the SBA to begin work on new
initiatives that will (1) expand services available to veterans
wanting to start a small business, (2) create a ``ready
reserve'' program involving teams of SBA experts and other
government specialists that will deploy to economically
distressed communities to assist in creating new jobs, and (3)
provide support to small businesses participating in regional
economic clusters by coordinating activities across Federal
agencies. The Committee directs SBA to submit a detailed
spending plan for this funding within 60 days of enactment of
this Act. Obligation of funds for these initiatives will be
contingent upon Committee approval of such a spending plan.
The Committee recommendation provides for 80 additional
FTEs to address SBA workload needs but provides six months
funding for the new positions instead of the 12 months funding
requested.
The Committee remains concerned with SBA's administration
of the HUBZone program. In March 2009 the Government
Accountability Office (GAO) issued a report detailing fraud and
abuse in SBA's HUBZone Program. GAO identified 19 firms in four
metropolitan areas that received nearly $30,000,000 in Federal
HUBZone contracts in fiscal years 2006 and 2007 even though the
firms clearly did not meet HUBZone program requirements. GAO
also found that SBA failed to promptly remove firms from the
HUBZone program that GAO identified as ineligible in a July
2008 report on HUBZones, leading to an additional $25,000,000
in HUBZone contracts to these firms. The Committee finds
continued fraud and abuse in this program unacceptable and is
concerned that improprieties in the HUBZone program may extend
beyond the four metropolitan areas examined by GAO. The
Committee directs SBA to submit a report no later than June 1,
2010 detailing SBA's efforts to strengthen administration of
the HUBZone program and improve internal controls. The report
should also detail SBA enforcement and debarment actions taken
against companies found to be misrepresenting themselves as
HUBZone certified.
The Committee recognizes the important role local arts
organizations can play in creating jobs and revitalizing
economically distressed communities in addition to contributing
to the local culture. The Committee believes that local arts
organizations are an untapped resource for job creation because
many local arts groups may not be aware of the various SBA
programs they may be eligible for when launching arts-related
enterprises or assisting creative sector entrepreneurs. The
Committee urges the SBA to expand its outreach activities to
include local arts organizations and creative sector
enterprises around the country to educate them on the range of
SBA programs and services that are available to them.
OFFICE OF INSPECTOR GENERAL
Appropriation, fiscal year 2009....................... $16,750,000
Budget request, fiscal year 2010...................... 16,300,000
Recommended in the bill............................... 16,300,000
Bill compared with:
Appropriation, fiscal year 2009................... -450,000
Budget request, fiscal year 2010.................. - - -
COMMITTEE RECOMMENDATION
The Committee recommends $16,300,000 for the Office of
Inspector General of the SBA, which is $450,000 below the
amount appropriated in fiscal year 2009 and equal to the budget
request. In addition, $1,000,000 will be available by transfer
from the Disaster Loans Program Account.
SURETY BOND GUARANTEES REVOLVING FUND
Appropriation, fiscal year 2009....................... $2,000,000
Budget request, fiscal year 2010...................... 1,000,000
Recommended in the bill............................... 1,000,000
Bill compared with:
Appropriation, fiscal year 2009................... -1,000,000
Budget request, fiscal year 2010.................. - - -
COMMITTEE RECOMMENDATION
The Committee recommends a total of $1,000,000 for the
Surety Bond Guarantees Revolving Fund, which is $1,000,000
below the fiscal year 2009 level and the same as the requested
level. The Committee notes that the Surety Bond program is not
covered by the Federal Credit Reform Act, and that SBA requests
an appropriation only when projections show that the reserves
need to be replenished to cover estimated future liabilities.
The amount provided should be sufficient to address anticipated
costs.
BUSINESS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
Appropriation, fiscal year 2009....................... $140,980,000
Budget request, fiscal year 2010...................... 236,000,000
Recommended in the bill............................... 236,000,000
Bill compared with:
Appropriation, fiscal year 2009................... +95,020,000
Budget request, fiscal year 2010.................. - - -
COMMITTEE RECOMMENDATION
The SBA Business Loans Program serves as an important
source of capital for America's small businesses. The
recommendation supports up to $17,500,000,000 for the 7(a)
business loan program, up to $7,500,000,000 for the 504
certified development company program, up to $3,000,000,000 for
Small Business Investment Company (SBIC) debentures, and up to
$12,000,000,000 for the Secondary Market Guarantee Program.
These program levels are the same as in the request.
The Committee recommends a total of $236,000,000 in new
budget authority for the Business Loans Program Account, which
is $95,020,000 above the fiscal year 2009 level and equal to
the budget request. Of the amount appropriated, $153,000,000 is
for administrative expenses related to business loan programs,
the same as the requested level. The amount provided for
administrative expenses may be transferred to and merged with
the appropriation for SBA salaries and expenses to cover the
common overhead expenses associated with business loans.
The recommendation includes $80,000,000 for the subsidy
cost of the 7(a) business loan guarantee program. This funding
will make 7(a) loans more affordable and will increase the
attractiveness of these loans to more small businesses. This
will help to stimulate small business investment and will
contribute to economic growth. The effect of small businesses
on the economy is considerable. Firms employing fewer than 500
employees comprise about 99.7 percent of all businesses in the
nation and employ roughly half of all private sector employees.
Small businesses have created 60 to 80 percent of all new jobs
over the past ten years. The subsidy funding provided in this
account will help to ensure the continued strength of the small
business sector.
The recommendation also includes $3,000,000 in loan subsidy
for the Microloan Program. The amount provided is estimated to
support $25,000,000 in microloans.
DISASTER LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
Appropriation, fiscal year 2009....................... - - -
Budget request, fiscal year 2010...................... 104,000,000
Recommended in the bill............................... 104,000,000
Bill compared with:
Appropriation, fiscal year 2009................... +104,000,000
Budget request, fiscal year 2010.................. - - -
COMMITTEE RECOMMENDATION
As required by the Federal Credit Reform Act of 1990, the
Congress is required to appropriate an amount sufficient to
cover the subsidy costs associated with all direct loan
obligations and loan guarantee commitments made in fiscal year
2010, as well as the administrative expenses of the loan
programs. The Committee recommends a total of $104,000,000 for
these purposes for fiscal year 2010 which is $104,000,000 above
fiscal year 2009 and equal to the budget request.
The recommendation includes $102,310,000 for administrative
expenses to carry out the disaster loans program for fiscal
year 2010. Of this amount, $1,000,000 is for the Office of
Inspector General for audits and reviews of the disaster loans
program and $1,310,000 for administrative expenses associated
with the implementation of pilot programs to test two disaster
loan guaranty programs established in the Food, Conservation,
and Energy Act of 2008 (Public Law 110-246).
The recommendation supports a disaster loan volume of
$1,100,000,000 in direct lending. This level reflects SBA's 10-
year average of annual disaster loan activity. SBA estimates
there will be sufficient unobligated balances in subsidy budget
authority from fiscal year 2009 to support this $1,100,000,000
in new loan volume, thus no subsidy was included in the fiscal
year 2010 budget request. The Committee recommendation includes
$1,690,000 in disaster loan subsidy associated with the
aforementioned pilot projects.
The Committee directs the Small Business Administration to
continue providing updates on available resources for the
disaster loans program on a monthly basis.
ADMINISTRATIVE PROVISIONS--SMALL BUSINESS ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
Section 510. The Committee continues an administrative
provision for the Small Business Administration that authorizes
transfer of up to 5 percent of any appropriation to other
appropriations, provided that transfers not increase an
appropriation by more than 10 percent. The provision also
requires that transfers be treated as a reprogramming of funds.
Section 511. The Committee continues an administrative
provision which provides funds for initiatives related to small
business development and entrepreneurship, including
programmatic and construction activities, to be awarded as
follows:
------------------------------------------------------------------------
Recipient/Purpose Amount
------------------------------------------------------------------------
Agriculture & Land-based Training Association, Salinas, CA, $110,000
Farmworker to Farmer Business Incubator...................
Agudath Israel of America, New York, NY, Mentoring and 150,000
training services.........................................
Alabama Small Business Institute of Commerce, Rainbow City, 100,000
AL, for small business training...........................
Alabama Technology Network, Birmingham, AL, for the Alabama 350,000
Center for Advanced Woodworking Technology................
Albuquerque Hispano Chamber of Commerce, Albuquerque, NM, 200,000
``Dos Mundos'' small business assistance program..........
Altoona-Blair County Development Corporation, Altoona, PA, 100,000
for the I-99 Entrepreneurial Institute....................
American Cities Foundation, Inc, Philadelphia, PA, Reaching 225,000
and Impacting Small Entrepreneurs (Project RISE)..........
Arkansas State University--Newport, Newport, AR, Arkansas 200,000
Commercial Driver Training Institute......................
Baltimore City Schools, Baltimore, MD, Career and 300,000
Technology Pathways.......................................
Barry University, Miami Shores, FL, for community and 100,000
economic development......................................
Benedictine University, Lisle, IL, for women's 250,000
entrepreneurial education and workforce development.......
Boise State University, Boise, ID, for a research and 400,000
economic development and entrepreneurial initiative.......
Bronx Shepherds Restoration Corporation, Bronx, NY, 75,000
business training programs................................
Brooklyn Hispanic Chamber of Commerce, Brooklyn, NY, 60,000
Business incubator program................................
Buffalo Niagara International Trade Foundation, Buffalo, 250,000
NY, to support small businesses...........................
Bunker Hill Community College, Boston, MA, Workforce 150,000
Development Initiative for Internationally Educated Nurses
California State University, Dominguez Hills, Carson, CA, 150,000
Online access to business and other educational programs..
Center for Economic Growth, Albany, NY, Watervliet 150,000
Innovation Center.........................................
Cen-Tex African American Chamber of Commerce, Waco, TX, 200,000
Center for Business Excellence............................
Central Brooklyn Housing Contractor Association, Brooklyn, 150,000
NY, Business Incubation and Development Program...........
Central Oregon Community College, Bend, OR, for a 100,000
technology education center...............................
Chamber South, South Miami, FL, to encourage economic 100,000
production................................................
Chicanos Por La Causa, Inc., Phoenix, AZ, Buckeye Small 200,000
Business Incubator........................................
City of Alcoa, TN, for the Pellissippi Research Centre..... 100,000
City of Alma, GA, for business and infrastructure 500,000
development...............................................
City of Bardstown, KY, for downtown streetscape economic 100,000
development...............................................
City of Berkeley, CA, East Bay Green Jobs Project.......... 250,000
City of College Park, GA, Entrepreneurial Development 150,000
Center....................................................
City of Loma Linda and City of Grand Terrace, CA, for an 900,000
infrastructure expansion project to promote small business
City of Montrose, CO, Montrose Higher Education and 200,000
Technology Park...........................................
City of Myrtle Beach, SC, for the Myrtle Beach 100,000
International Trade and Conference Center.................
City of Palmdale, CA, for the South Valley WorkSource 100,000
Center....................................................
City of San Jose, CA, Silicon Valley Minority/Immigrant 200,000
Business Support Initiative...............................
City of Valparaiso, IN, Entech Innovation Center Tech Park. 250,000
Cleary University, Howell, MI, for a multi-media center.... 100,000
Clemson University, Clemson, SC, for the Advanced Materials 100,000
Innovation Center.........................................
Commerce Lexington, Lexington, KY, Central Kentucky Small 200,000
Business Assistance Initiative............................
Community Action Committee of the Lehigh Valley, Bethlehem, 100,000
PA, to help small businesses identify and implement energy
efficiency improvements...................................
Community Economic Development Fund, Meriden, CT, Small 250,000
Business Training Institute and Individualized Small
Business Technical Assistance Expansion...................
Consortium for Worker Education, New York, NY, Financial 150,000
training and guidance programs............................
Consumer Credit Counseling Service of Delaware Valley, 35,000
Philadelphia, PA, Financial Counseling for Economic
Security..................................................
County of Essex, Newark, NJ, Resource Center for Small 205,000
Businesses................................................
County of Passaic, Paterson, NJ, Economic Development 125,000
Department................................................
Cuban American National Council/NJ Regional Office, Union 70,000
City, NJ, Financial Education and Home Ownership Program..
Delta Foundation, Greenville, MS, Mississippi Delta 150,000
business growth development program.......................
Detroit Renaissance, Detroit, MI, Detroit Creative Corridor 175,000
Center....................................................
Downtown West Plains, Inc., West Plains, MO, for the Ozarks 500,000
Small Business Incubator..................................
East Los Angeles Community Union, Los Angeles, CA, TELACU 500,000
Neighborhood Stabilization Corporation....................
Economic Development Council of Tallahassee/Leon County, 450,000
Inc., Tallahassee, FL, Tallahassee Small Business
Incubator.................................................
Economic Growth Connection of Westmoreland, Greensburg, PA, 125,000
Defense Procurement Assistance Program....................
El Pajaro Community Development Corporation, Watsonville, 90,000
CA, Commercial Kitchen Business Incubator.................
Fairplex Trade and Conference Center, Los Angeles, CA...... 350,000
First Community Development Corporation (FCDC), Inglewood, 150,000
CA, Computer Lab Resource Center..........................
Florida Department of Citrus, Lakeland, FL, Abscission 100,000
chemical for improved citrus harvesting...................
Florida Gulf Coast University, Fort Myers, FL, for a small 261,000
business software development program.....................
Florida Institute of Technology, Melbourne, FL, for 100,000
Activity Based Total Accountability.......................
Foothill Workforce Investment Board, Pasadena, CA, Small 150,000
Business Assistance Program...............................
Fort Stockton Economic Development Corporation, Fort 100,000
Stockton, TX, Fort Stockton Small Business Development
Program...................................................
Girl Scouts of the USA, New York, NY, for a national 101,000
program to improve financial literacy.....................
Grambling State University, Grambling, LA, for the Greater 300,000
North Louisiana Community Development Corporation.........
Greater Des Moines Partnership, Des Moines, IA, for the 185,000
Central Iowa Business Innovation Zone.....................
Greater Syracuse Chamber of Commerce, Syracuse, NY, Clean 200,000
Tech Startup Camp.........................................
Hispanic Business Education & Training, Inc. (HBET), 50,000
Oakland, CA, Hispanic Business Education and Training
Program...................................................
Hispanic Chamber of Commerce of Metro Orlando, FL, Small 200,000
business training, assistance and outreach................
Housing Options and Geriatric Association Resources, Inc., 75,000
Bronx, NY, Economic and community development program for
elderly persons...........................................
Hudson Valley Agribusiness Development Corporation, Hudson, 350,000
NY, Hudson Valley Food Processing Incubator Facility......
Hunter College, New York, NY, for the Roosevelt House 75,000
Institute Public Policy Institute, Financial Literacy
Project...................................................
I-70 Northwest Development Corporation, St Louis, MO, North 100,000
St. Louis Community Food and Health Center................
Idaho TechConnect Inc., Nampa, ID, Proof of Concept Center. 285,000
Illinois Institute of Technology, Chicago, IL, for business 100,000
assistance programs.......................................
Illinois Science and Technology Coalition, Chicago, IL, 150,000
Illinois Nanotechnology Collaborative.....................
Illinois State University, Normal, IL, for an export 100,000
project...................................................
Illinois Valley Community College, Oglesby, IL, Technology 200,000
and Workforce Development Center..........................
Indianhead Community Action Agency, Ladysmith, WI, Solar 450,000
Business Revolving Loan Fund..............................
Iowa Valley Community College District, Marshalltown, IA, 500,000
for an education and training center......................
Laredo Community College, Laredo, TX, Small Business Center 150,000
Liberty University, VA, Lynchburg, VA, Central Virginia 200,000
WiMAX broadband internet service for education and
economic development--Feasibility Study...................
Lock Haven University Small Business Development Center, 50,000
Lock Haven, PA, Tax Compliance Resource Program...........
Long Beach Community College District, Long Beach, CA, for 50,000
business training for Watts-Willowbrook...................
Los Angeles City College Foundation, Los Angeles, CA, East 150,000
Hollywood Entrepreneurial Training and Small Business
Program...................................................
Macomb County, MI, for a business accelerator.............. 100,000
Manhattan Chamber of Commerce Foundation, New York, NY, 75,000
Small business training and assistance related to
international opportunities...............................
Maryland Technology Development Corporation (TEDCO), 200,000
Columbia, MD, Rural Business Innovation Initiative--
Eastern Shore.............................................
Maverick County Development Corporation, Eagle Pass, TX, 100,000
Maverick County Small Business Development Program........
MDC Inc., Chapel Hill, NC, for services related to small 225,000
business entrepreneurship.................................
Metropolitan Council on Jewish Poverty, New York, NY, 150,000
Employment and training programs..........................
Miami Dade College, Miami, FL, Institute for Intermodal 300,000
Transportation............................................
Miami-Dade Chamber of Commerce, Miami, FL, Technical 150,000
Assistance and Economic Development Center................
Montana State University Bozeman, MT, HTAP: High-Technology 133,000
Assistance Program........................................
Montana World Trade Center, Missoula, MT, Montana Growth 134,000
through Trade.............................................
Montgomery County, MD, Rockville, MD, Green Business 150,000
Incubator.................................................
Mount Hope Housing Company, Inc., Bronx, NY, training 75,000
program...................................................
Mount Vernon Chamber of Commerce, Mount Vernon, NY, Mount 150,000
Vernon Small Business Incubator...........................
National Association of Development Organizations, 200,000
Washington, DC, Small Business Development and
Entrepreneurial Enhancement Initiative....................
National Latino Education Institute, Chicago, IL, 150,000
Vocational Training Initiative............................
National Urban League, New York, NY, Restore Our Homes- 100,000
Homeownership Center in Chicago...........................
Neighborhood Development Center, Saint Paul, MN, University 200,000
Avenue Business Preparation Collaborative.................
New Agrarian Center, Oberlin, OH, Urban Agriculture 125,000
Business Development......................................
New Orleans Redevelopment Authority, New Orleans, LA, to 250,000
encourage commercial investments..........................
New York City College of Technology, Brooklyn, NY, Brooklyn 115,000
Small Business Development Center.........................
New York College of Environmental Science & Forestry, 100,000
Syracuse, NY, for the New York Forest Community Economic
Assistance Program........................................
New York Industrial Retention Network, New York, NY, 60,000
Technical assistance and financing for manufacturers for
energy conservation projects..............................
Newport Chamber of Commerce, Middletown, RI, Industrial 80,000
Park of Tiverton..........................................
North Carolina Biotechnology Center, Research Triangle 130,000
Park, NC, Entrepreneurship and Research & Development
Training Initiative.......................................
North Carolina Rural Economic Development Center, Raleigh, 120,000
NC, Rural Business Finance Program........................
Northeast Alabama Community College, Rainsville, AL, for 335,000
industrial systems technology and machining training......
Northeast Entrepreneur Fund, Virginia, MN, Greenstone Group 200,000
Northeast Ohio Technology Coalition, Cleveland, OH, for 250,000
Tech Leaders II: Job Creation through Industry Cluster
Development...............................................
Northern Arizona Center for Emerging Technologies, 200,000
Flagstaff, AZ, Arizona Clean Energy Accelerator...........
Northern Dauphin Revitalization Project, Inc., 100,000
Elizabethville, PA, Job creation initiative...............
Northside Economic Opportunity Network (NEON), Minneapolis, 150,000
MN, North Minneapolis Small Business Capacity Building
Program...................................................
NYS Small Business Development Center at Rockland County 125,000
Community College , Suffern, NY, Training for displaced
workers to start or expand small business.................
Oakland African American Chamber of Commerce Foundation, 50,000
Oakland,, CA, Economic Vitality of Minority Businesses in
Oakland...................................................
Oakland Chinatown Chamber of Commerce, Oakland, CA, 50,000
Economic Vitality of Asian Minority Business Program......
Operation Get Ahead, Hempstead, NY, Job readiness and 150,000
employment programs.......................................
Operation New Hope, Inc., Jacksonville, FL, for a prison re- 790,000
entry job training program that works with small business
owners....................................................
Our Lady of the Lake University, San Antonio, TX, Hispanic 100,000
Leadership and Entrepreneurship Training Institute........
Pace University Lienhard School of Nursing, White Plains, 125,000
NY, nursing workforce education and training initiative...
Pasadena City College, Pasadena, CA, Small Business and 150,000
Entrepreneur Assistance Program...........................
Philadelphia Development Partnership, Philadelphia, PA, 65,000
Southeastern Pennsylvania Micro Business Center...........
Pinellas County Board of County Commissioners, Clearwater, 262,000
FL, for the Business Assistance Partnership Network.......
Port of Bremerton, Port Orchard, WA, Sustainable Energy and 250,000
Economic Development Incubator............................
Pratt Institute, Brooklyn, NY, ``Green'' Community Career & 85,000
Business Training Center..................................
Prince George's, Upper Marlboro, MD, Small Business 150,000
Initiative................................................
Progreso Latino, Central Falls, RI, Small business capacity 120,000
building assistance.......................................
Project Ezrah Needs, Inc., Englewood, NJ, Employment and 100,000
financial counseling and assistance.......................
River District Association, Rockford, IL, to develop and 100,000
recruit small businesses..................................
SEKTDA, Somerset, KY, for economic and small business 685,000
development in Southern and Eastern Kentucky..............
Southwest Brooklyn Industrial Development Corporation, 80,000
Brooklyn, NY, Plan Ahead Brooklyn.........................
Southwest Georgia United Empowerment Zone, Inc., Vienna, 100,000
GA, Capitalization and overhead of Community Development
Financial Institution.....................................
Southwestern Adventist University, Keene, TX, 200,000
Entrepreneurship Resources Center.........................
Suffolk County Community College, Brentwood, NY, Green 200,000
Technology Workforce Initiative...........................
SUNY Fredonia, Fredonia, NY, Small business incubator...... 150,000
TechRanch at Montana State University, Bozeman, MT, 133,000
Technology Based Economic Development Center..............
Texas State University System, San Marcos, TX, Center for 150,000
Entrepreneurial Action....................................
The Bi-National Sustainability Laboratory (BNSL), El Paso, 150,000
TX, Partnership for Innovation and Security...............
The Bodega Association of the United States, Inc, New York, 200,000
NY, education, training and other small business
assistance................................................
The Citizens Advice Bureau, Bronx, NY, for economic and 100,000
community development programs for homeless adults........
The Export Consortium, Columbia, SC, the I-95 Corridor 150,000
Project...................................................
The Pittsburgh Life Sciences Greenhouse, Pittsburgh, PA, 100,000
Tech Belt Life Sciences Greenhouse........................
The Progress Fund, Greensburg, PA, Technical Assistance for 125,000
Small Businesses..........................................
Thomas More College, Crestview Hills, KY, for training 100,000
programs in health care management........................
Thorpe Family Residence, Inc. (TFR), Bronx, NY, Economic 75,000
and community development residential services programs
and capital costs.........................................
Township of Woodbridge, NJ, for the Pennval Road Green 250,000
Technology Incubator......................................
UMASS Dartmouth, Fall River, MA, Advanced Technical & 325,000
Manufacturing Center......................................
United Way for Southeastern Michigan, Detroit, MI, Ex- 250,000
Offender Entrepreneurship Program.........................
University of Alabama, Tuscaloosa, AL, for the Preparing 100,000
the Workforce of the Future project.......................
University of Arkansas, Fayetteville, AR, for a research 100,000
and technology park.......................................
University of Connecticut, Storrs, CT, Farmington 150,000
Technology Incubation Center..............................
University of Delaware, Newark, DE, for the Delaware Small 100,000
Business and Technology Development Center................
University of Georgia, Public Service and Outreach, Athens, 100,000
GA, for an applied research demonstration project to
bolster workforce development.............................
University of Guam, Mangilao, GU, Center for Regional 150,000
Economic Development......................................
University of Memphis, TN, for an entrepreneurial training 685,000
program...................................................
University of Missouri System, Columbia, MO, for the 249,000
Extension Community Economic and Entrepreneurial program..
University of Nebraska at Omaha, NE, Nebraska's Micro- 250,000
Enterprise Center.........................................
University of South Carolina, Columbia, SC, Innovista 100,000
Center for Entrepreneurial Development....................
University of Texas at Brownsville, TX, Global Marketing 150,000
and Logistics Certification Program.......................
University of Toledo, OH, Renewable Energy Business 75,000
Incubator communication infrastructure....................
University of West Florida, Pensacola, FL, for the 262,000
Turnaround Business Assistance Program....................
University of West Georgia, Carrollton, GA, for a small 100,000
business incubator........................................
University of Wisconsin, Whitewater, WI, Small Business 100,000
Development Center........................................
Urban League of Philadelphia, PA, Urban League 100,000
Entrepreneurship Center...................................
Vermont Community Colleges, Waterbury, VT, Career Readiness 150,000
and Supervision Certification.............................
Village of Olympia Fields, Olympia Fields, IL, South 100,000
Suburban Coalition Economic Development Demonstration
Project...................................................
Wayne State University, Mt. Clemens, MI, Law School Small 100,000
Business Clinic...........................................
West Chester University of Pennsylvania, Entrepreneurial 150,000
Leadership Center.........................................
West Jefferson Medical Center, Marrero, LA, Workforce 100,000
Training and Development Initiative.......................
Western Massachusetts Enterprise Fund, Holyoke, MA, 250,000
Financial and Technical Assistance for Development
Enterprises...............................................
Western Nevada Development District, Carson City, NV, to 250,000
promote small business development efforts................
Western Reserve Port Authority, Vienna, OH, Western Reserve 200,000
Economic Development Initiative...........................
Western Reserve Resource Conservation and Development 150,000
Council, Painesville, OH, for a green job and watershed
management training program...............................
Women at Work, Pasadena, CA, Career Technology Training for 150,000
Low-Income Women..........................................
Women's Business Development Center (WBDC), Stamford, CT, 200,000
for services to small businesses and entrepreneurs........
YMCA of Long Island, Inc., Holtsville, NY, Diversity 100,000
Training Program at the Brookhaven-Roe YMCA...............
------------------------------------------------------------------------
United States Postal Service
PAYMENT TO THE POSTAL SERVICE FUND
Appropriation, fiscal year 2009...................... $29,000,000
Budget request, fiscal year 2010..................... 29,000,000
Recommended in the bill.............................. 29,000,000
Bill compared with:
Appropriation, fiscal year 2009.................. ---
Budget request, fiscal year 2010................. ---
The United States Postal Service (USPS) is funded almost
entirely by Postal rate payers rather than tax payers. Funds
provided to the Postal Service in the Payment to the Postal
Service Fund include appropriations for revenue forgone in
providing free mail for the blind and people with disabilities,
for overseas absentee voting, and for reconciliation
adjustments on the basis of estimated mail volume for prior
fiscal years. The Revenue Forgone Reform Act of 1993, Public
Law 103-123, also authorized the reimbursement of insufficient
appropriations to the Postal Service for fiscal years 1991 and
1993, and for additional revenues it would have received
between 1993 and 1998 in the absence of certain rate phasing
provisions applied by this Act.
COMMITTEE RECOMMENDATION
The Committee recommends appropriations totaling
$118,328,000 for Payment to the Postal Service Fund, which is
the same as the President's request. $89,328,000 is an advance
appropriation for fiscal year 2010.
The Committee recommends the Postal Service explore
potential revenues and savings that may be derived from
vehicle-to-grid partnerships with entities engaged in energy
production and storage as well as with electric vehicle
manufacturers. Further, the Committee recommends the Postal
Service investigate the capacity of USPS vehicle maintenance
centers to generate and use revenue derived from the service of
electric vehicles.
The Committee is concerned about the condition of postal
facilities in a number of municipalities including Hemet and
Indio, California. The Committee recommends that the Postal
Service, working with local officials and community leaders,
evaluate the needs of these communities and report back to the
Committee on Appropriations regarding its findings.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2009....................... $239,356,000
Budget request, fiscal year 2010...................... 244,397,000
Recommended in the bill............................... 244,397,000
Bill compared with:
Appropriation, fiscal year 2009................... +5,041,000
Budget request, fiscal year 2010.................. - - -
The Postal Accountability and Enhancement Act (PAEA) of
2006, Public Law 109-435, authorized the Postal Service Office
of Inspector General (OIG) to receive funding by transfer out
of the Postal Service Fund beginning in fiscal year 2010. The
OIG conducts audits, reviews and investigations, and keeps
Congress informed on the efficiency and economy of Postal
Service programs and operations.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $244,397,000,
equal to the President's request and $5,041,000 more than the
previous fiscal year's operating budget.
United States Tax Court
SALARIES AND EXPENSES
Appropriation, fiscal year 2009....................... $48,463,000
Budget request, fiscal year 2010...................... 49,242,000
Recommended in the bill............................... 49,242,000
Bill compared with:
Appropriation, fiscal year 2009................... +779,000
Budget request, fiscal year 2010.................. - - -
The U.S. Tax Court adjudicates controversies involving
deficiencies in income, estate, and gift taxes. The Court also
has jurisdiction to determine deficiencies in certain excise
taxes to issue declaratory judgments in the areas of
qualifications of retirement plans, exemption of charitable
organizations, and to decide certain cases involving disclosure
of tax information by the Commissioner of the Internal Revenue
Service.
COMMITTEE RECOMMENDATION
The Committee recommends $49,242,000 for the U.S. Tax
Court, the same as the budget request and $779,000 above the
amount provided in fiscal year 2009.
TITLE VI--GENERAL PROVISIONS, THIS ACT
Section 601. The Committee continues the provision
prohibiting pay and other expenses for non-Federal parties in
regulatory or adjudicatory proceedings funded in this Act.
Section 602. The Committee continues the provision
prohibiting obligations beyond the current fiscal year and
prohibits transfers of funds unless expressly so provided
herein.
Section 603. The Committee continues the provision limiting
procurement contracts for consulting service expenditures to
contracts that are matters of public record and available for
public inspection.
Section 604. The Committee continues the provision
prohibiting transfer of funds in this Act without express
authority.
Section 605. The Committee continues the provision
prohibiting the use of funds to engage in activities that would
prohibit the enforcement of section 307 of the 1930 Tariff Act.
Section 606. The Committee continues the provision
concerning compliance with the Buy American Act.
Section 607. The Committee continues the provision
prohibiting the use of funds by any person or entity convicted
of violating the Buy American Act.
Section 608. The Committee continues the provision
specifying reprogramming procedures. The provision requires
that agencies or entities funded by the Act notify the
Committee and obtain prior approval from the Committee for any
reprogramming of funds that: (1) creates a new program; (2)
eliminates a program, project, or activity; (3) increases funds
or personnel for any program, project, or activity for which
funds have been denied or restricted by the Congress; (4)
proposes to use funds directed for a specific activity by
either the House or Senate Committees on Appropriations for a
different purpose; (5) augments existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is
less; (6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or (7) reorganizes
offices, programs, or activities. The provision also directs
the agencies funded by this Act to submit operating plans for
the Committee's review within 60 days of the bill's enactment.
Section 609. The Committee continues the provision
providing that fifty percent of unobligated balances may remain
available for certain purposes.
Section 610. The Committee continues the provision
providing that funds for the Executive Office of the President
may not be used to request any official background
investigation from the Federal Bureau of Investigation except
with the express consent of the individual involved or in
extraordinary circumstances involving national security.
Section 611. The Committee continues the provision
requiring that cost accounting standards not apply to a
contract under the Federal Employee Health Benefits Program.
Section 612. The Committee continues the provision
regarding non-foreign area cost of living allowances.
Section 613. The Committee continues the provision
prohibiting the expenditure of funds for abortion under the
Federal Employees Health Benefits Program (FEHBP).
Section 614. The Committee continues the provision making
exceptions to the preceding prohibition on use of funds for
abortion where the life of the mother is in danger or the
pregnancy is a result of an act of rape or incest.
Section 615. The Committee continues the provision waiving
restrictions on the purchase of non-domestic articles,
materials, and supplies in the case of acquisition by the
Federal Government of information technology.
Section 616. The Committee continues the provision
prohibiting officers or employees of any regulatory agency or
commission funded by this Act from accepting travel payments or
reimbursements from a person or entity regulated by such agency
or commission.
Section 617. The Committee continues the provision giving
the Public Company Accounting Oversight Board (PCAOB) the
authority to use funds collected from monetary penalties for a
scholarship program established by the Sarbanes-Oxley Act of
2002. The Committee urges the PCAOB to give consideration to
supporting scholarship opportunities for students from
populations, such as ethnic minorities and women, that have
been historically underrepresented in the accounting
profession.
Section 618. The Committee includes a provision clarifying
that, for purposes of agricultural and medical trade with Cuba,
during fiscal year 2010 the term ``payment of cash in advance''
as specified in section 908(b)(1) of the Trade Sanctions Reform
and Export Enhancement Act of 2000 shall be interpreted as
payment before the transfer of title to, and control of, the
exported items to the Cuban purchaser.
Section 619. The Committee includes a provision that
excludes youth off-highway vehicles from the lead bans included
in the Consumer Product Safety Improvement Act.
Section 620. The Committee includes a provision that
expedites the transfer of the Old Naval Hospital property in
Washington, D.C. from the General Services Administration to
the District of Columbia government. The Committee agrees that
the citizens of the District of Columbia will be well served by
the rehabilitation and renovation of the Old Naval Hospital on
Pennsylvania Avenue, SE into a community center, and support
its quick transfer of title from the Federal Government to the
District of Columbia separate from any other property
conveyance.
The Committee notes that title VI of the Financial Services
and General Government Appropriations Act, 2009 made permanent
changes in law in sections 616, 618, 623, 624, 625 and 626.
TITLE VII--GENERAL PROVISIONS, GOVERNMENT-WIDE
Departments, Agencies, and Corporations
Section 701. The Committee continues the provision
requiring agencies to administer a policy designed to ensure
that all of its workplaces are free from the illegal use of
controlled substances.
Section 702. The Committee continues the provision
regarding price limitations on vehicles to be purchased by the
Federal Government. Price limitations are updated consistent
with the President's budget request.
Section 703. The Committee continues the provision allowing
funds made available to agencies for travel to also be used for
quarter allowances and cost-of-living allowances.
Section 704. The Committee continues the provision
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 705. The Committee continues the provision ensuring
that agencies will have authority to pay GSA bills for space
renovation and other services.
Section 706. The Committee continues the provision allowing
agencies to finance the costs of recycling and waste prevention
programs with proceeds from the sale of materials recovered
through such programs.
Section 707. The Committee continues the provision
providing that funds may be used to pay rent and other service
costs in the District of Columbia.
Section 708. The Committee continues the provision
prohibiting interagency financing of groups absent prior
statutory approval.
Section 709. The Committee continues the provision
prohibiting the use of funds for enforcing regulations
disapproved in accordance with the applicable law of the U.S.
Section 710. The Committee continues the provision limiting
the pay increases of certain prevailing rate employees.
Section 711. The Committee continues the provision limiting
the amount of funds that can be used for redecoration of
offices under certain circumstances.
Section 712. The Committee continues the provision to allow
for interagency funding of national security and emergency
telecommunications initiatives.
Section 713. The Committee continues the provision
requiring agencies to certify that a Schedule C appointment was
not created solely or primarily to detail the employee to the
White House.
Section 714. The Committee continues the provision
prohibiting the payment of any employee who prohibits,
threatens or prevents another employee from communicating with
Congress.
Section 715. The Committee continues the provision
prohibiting Federal training not directly related to the
performance of official duties.
Section 716. The Committee continues the provision
prohibiting the expenditure of funds for implementation of
agreements in nondisclosure policies unless certain provisions
are included.
Section 717. The Committee continues the provision
prohibiting, other than for normal and recognized executive-
legislative relationships, propaganda, publicity and lobbying
by executive agency personnel in support or defeat of
legislative initiatives.
Section 718. The Committee continues the provision
prohibiting any Federal agency from disclosing an employee's
home address to any labor organization, absent employee
authorization or court order.
Section 719. The Committee continues the provision
prohibiting funds to be used to provide non-public information
such as mailing or telephone lists to any person or
organization outside the government without the approval of the
Committees on Appropriations.
Section 720. The Committee continues the provision
prohibiting the use of funds for propaganda and publicity
purposes not authorized by Congress.
Section 721. The Committee continues the provision
directing agency employees to use official time in an honest
effort to perform official duties.
Section 722. The Committee continues the provision
authorizing the use of funds to finance an appropriate share of
the Federal Accounting Standards Advisory Board.
Section 723. The Committee continues the provision, with
technical modifications, authorizing agencies to transfer funds
(not to exceed $17,000,000) to the Government-wide Policy
account of GSA to finance an appropriate share of various
government-wide boards and councils.
Section 724. The Committee continues the provision that
permits breast feeding in a Federal building or on Federal
property if the woman and child are authorized to be there.
Section 725. The Committee continues the provision that
permits interagency funding of the National Science and
Technology Council and provides for a report on the budget and
resources of the National Science and Technology Council. The
report should include the entire budget of the National Science
and Technology Council.
Section 726. The Committee continues the provision
requiring documents involving the distribution of Federal funds
to indicate the agency providing the funds and the amount
provided.
Section 727. The Committee continues, with modification,
the provision prohibiting the use of funds to monitor personal
access or use of Internet sites or to collect, review, or
obtain any personally identifiable information relating to
access to or use of an Internet site. The changes eliminate
ambiguity about the sites affected and the exception for
voluntary submission of personally identifiable information.
Section 728. The Committee continues a provision requiring
health plans participating in the FEHBP to provide
contraceptive coverage and provides exemptions to certain
religious plans.
Section 729. The Committee continues the provision
providing recognition of the U.S. Anti-Doping Agency as the
official anti-doping agency.
Section 730. The Committee continues a provision allowing
funds for official travel to be used by departments and
agencies, if consistent with OMB Circular A-126, to participate
in the fractional aircraft ownership pilot program.
Section 731. The Committee continues a provision
prohibiting funds for implementation of OPM regulations
limiting detailees to the Legislative Branch, and implementing
limitations on the Coast Guard Congressional Fellowship
Program.
Section 732. The Committee continues the provision that
restricts the use of funds for Federal law enforcement training
facilities.
Section 733. The Committee continues and modifies the
provision concerning transfers or reimbursements for ``E-
Government'' initiatives.
Section 734. The Committee continues a provision that
prohibits the use of funds to begin or announce a study or
public-private competition regarding the conversion to
contractor performance of any function performed by civilian
Federal employees pursuant to Office of Management and Budget
Circular A-76 or any other administrative regulation,
directive, or policy. The provision extends a one-year
moratorium on new A-76 studies for another year so that the new
Administration may have an opportunity to review and develop
Federal workforce policies.
Section 735. The Committee continues the provision that
prohibits Executive Branch agencies from creating prepackaged
news stories that are broadcast or distributed in the United
States unless the story includes a clear notification within
the text or audio of that news story that the prepackaged news
story was prepared or funded by that Executive Branch agency.
This provision confirms the opinion of the Government
Accountability Office dated February 17, 2005 (B-304272).
Section 736. The Committee continues the provision
prohibiting use of funds in contravention of section 552a of
title 5, United States Code (the Privacy Act) and regulations
implementing that section.
Section 737. The Committee continues the provision
requiring agencies to evaluate the creditworthiness of an
individual before issuing the individual a government travel
charge card and limits agency actions accordingly.
Section 738. The Committee continues, with modification,
the provision to require the Office of Management and Budget to
submit a report on budget information relating to Great Lakes
restoration activities. The provision requires the report to be
submitted no later than 45 days after submission of the
President's budget.
Section 739. The Committee continues a provision
prohibiting funds from being used for any Federal Government
contract with any foreign incorporated entity which is treated
as an inverted domestic corporation.
Section 740. The Committee continues a provision
prohibiting the Office of Personnel Management or any other
agency from using funds to implement regulations changing the
competitive areas under reductions-in-force for Federal
employees.
Section 741. The Committee expects the Federal Government
to lead by example and can do so by conducting its business in
an environmentally, economically, fiscally sound and
scientifically defensible manner. To that end, Section 748 of
Part D of the Omnibus Appropriations Act, 2009 made permanent
Executive Order 13423, relating to energy and water efficiency
and use of renewable fuels in the Federal Government. Because
the new Administration has indicated its interest in making
more rapid progress than provided for in Executive Order 13423,
this section sets that executive order as a floor for
Administration efforts to curb emissions of greenhouse gases,
water use, toxic waste, etc.
Section 742. The Committee continues a provision that
requires the Director of OMB to submit a report by department
and agency of the number of civilian, military and contract
workers.
Section 743. The Committee adds a new provision that
requires all non-defense departments and agencies to develop an
inventory of contracts for services listing, among other
things, the functions performed, the contractor, the date the
contract began, whether the contract was awarded on a
noncompetitive basis or performed poorly, whether inherently
governmental functions are being performed, and whether
activities closely associated with inherently governmental
functions are being performed. After a review of the inventory,
the department or agency must develop a plan for appropriate
consideration of performing the work within the department or
agency.
Section 744. The Committee includes a new provision
directing the Attorney General to transmit to Congress, within
14 days of enactment, records regarding notification of rights
under Miranda v. Arizona given to captured foreign terrorism
suspects.
Section 745. The Committee includes a new provision to
reinstate the same legal rights of auto dealers to remain in
business that they had before the companies filed for
bankruptcy in the case of auto companies partially owned by the
Federal Government.
Section 746. The Committee continues the provision
concerning the non-application of these general provisions to
title IV and to title VIII.
The Committee notes that title VII of the Financial
Services and General Government Appropriations Act, 2009 made
permanent changes in law in sections 735, 736, 748, 749, and
751. Section 748 was further modified by section 741 of this
Act, as explained above.
TITLE VIII
General Provisions--District of Columbia
Section 801. The Committee continues the provision that
specifies that an appropriation for a particular purpose or
object shall be considered as the maximum amount that may be
expended for said purpose or object.
Section 802. The Committee continues the provision that
permits funds for travel and payment of dues.
Section 803. The Committee continues the provision that
appropriates funds for refunding overpayments of taxes
collected and for paying settlements and judgments against the
District of Columbia government.
Section 804. The Committee continues the provision that
prohibits the use of appropriated Federal funds for publicity
or propaganda purposes.
Section 805. The Committee modifies the provision that
establishes reprogramming and transfer requirements with
respect to notification requirements for reprogramming of
Federal funds and execution of local funds reprogrammings.
Section 806. The Committee continues the provision
specifying that appropriations shall be applied only to the
objects for which they were made except as otherwise permitted
by law.
Section 807. The Committee continues the provision
prohibiting the use of Federal funds to provide salaries or
other costs associated with the offices of United States
Senator or Representative.
Section 808. The Committee continues the provision that
restricts the use of official vehicles to official duties and
not between a residence and workplace, with certain exceptions.
Section 809. The Committee continues the provision that
prohibits the use of Federal funds by the Attorney General of
the District or any other officer or entity of the District
government to provide assistance for any petition drive or
civil action which seeks to require Congress to provide for
voting representation in Congress for the District of Columbia.
Section 810. The Committee continues the provision that
includes a ``conscience clause'' on legislation that pertains
to contraceptive coverage by health insurance plans.
Section 811. The Committee modifies the provision relating
to medical marijuana so that it prohibits only the use of
Federal funds and does not continue to suspend implementation
of the Legalization of Marijuana for Medical Treatment
Initiative of 1998.
Section 812. The Committee modifies the provision
prohibiting use of funds for abortion so that it applies only
to Federal and not local funds.
Section 813. The Committee adds a new provision at the
request of the District of Columbia requiring the CFO to submit
a revised operating budget for all agencies in the D.C.
government, no later than 30 calendar days after the enactment
of this Act that realigns budgeted data with anticipated actual
expenditures.
Section 814. The Committee adds a new provision at the
request of the District of Columbia requiring the CFO to submit
a revised operating budget for D.C. Public Schools, no later
than 30 calendar days after the enactment of this Act that
realigns school budgets to actual school enrollment.
Section 815. The Committee continues the provision
authorizing the transfer of local funds to capital and
enterprise funds.
Section 816. The Committee includes a provision to limit
the geographic location of needle exchange programs in the
District of Columbia.
Section 817. The Committee continues the provision which
limits references to ``this Act'' as referring to only this
title and title IV.
The Committee has not continued the prohibitions on use of
Federal funds for implementation of D.C. employee health
benefits for domestic partners or any system of domestic
partnership registration.
The Committee notes that the following sections of title
VIII of the Financial Services and General Government
Appropriations Act, 2009 made permanent changes in law and
therefore are not repeated in this year's bill: Sections 808,
814, 816, 817, 818, 822, and 823.
HOUSE OF REPRESENTATIVES REPORT REQUIREMENTS
The following items are included in accordance with various
requirements of the Rules of the House of Representatives.
Constitutional Authority
Clause 3(d)(1) of rule XIII requires each committee report
on a public bill or joint resolution to contain a statement
citing the specific powers granted to Congress in the
Constitution to enact the law proposed by the bill or joint
resolution.
The Committee on Appropriations bases its authority to
report this legislation on clause 7 of section 9 of article I
of the Constitution of the United States, which states ``No
money shall be drawn from the Treasury, but in Consequence of
Appropriations made by Law. . . .''
Appropriations contained in this Act are made pursuant to
this specific power granted by the Constitution.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII, the following is a
statement of general performance goals and objectives for which
this measure authorizes funding:
The Committee on Appropriations considers program
performance, including a program's success in developing and
attaining outcome-related goals and objectives, in developing
funding recommendations.
Changes in the Application of Existing Law
Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of
the House of Representatives, the following statements are
submitted describing the effect of provisions proposed in the
accompanying bill which may be considered, under certain
circumstances, to change the application of existing law,
either directly or indirectly. The bill provides that
appropriations shall remain available for more than one year
for a number of programs for which the basic authorizing
legislation does not explicitly authorize such extended
availability. The bill provides, in some instances, for funding
of agencies and activities where legislation has not yet been
finalized. In addition, the bill carries language, in some
instances, permitting activities not authorized by law, or
exempting agencies from certain provisions of law, but which
has been carried in appropriations acts for many years.
The bill includes several limitations on official
entertainment, reception and representation expenses. Similar
provisions have appeared in many previous appropriations Acts.
The bill includes a number of limitations on the purchase of
automobiles or office furnishings that also have appeared in
many previous appropriations Acts. Language is included in
several instances permitting certain funds to be credited to
the appropriations recommended.
TITLE I--DEPARTMENT OF THE TREASURY
Language is included for Departmental Offices, ``Salaries
and Expenses'', that provides funds for operation and
maintenance of the Treasury Building 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
reception and representation expenses; unforeseen emergencies
of a confidential nature; Treasury-wide financial audits and
the period of availability and the transfer of these funds;
information technology modernization requirements; secure space
requirements; critical infrastructure protection and compliance
policy programs; modernization of the Office of Debt
Management's information technology; and specifying certain
amounts for individual offices of the Departmental Offices and
specifying transfer authority among offices.
Language is included for the Department-wide Systems and
Capital Investments Program that provides funds for the
development and acquisition of automatic data processing
equipment, software, and services; repairs to the Treasury
Annex Building; provides transfer authority; limits the
availability of funds; and restricts the use of funds to
support or supplement IRS Operations Support or IRS Business
Systems Modernization.
Language is included for the Office of Inspector General,
``Salaries and Expenses'', that provides funds to carry out the
provisions of the Inspector General Act of 1978, specifies
amounts for official travel expenses (including the hire of
vehicles), official reception and representation expenses, and
unforeseen emergencies of a confidential nature.
Language is included for the Treasury Inspector General for
Tax Administration, ``Salaries and Expenses'', that provides
funds to carry out the provisions of the Inspector General Act
of 1978, including the purchase and hire of motor vehicles and
services authorized by 5 U.S.C. 3109; and specifies amounts for
travel expenses, official reception and representation
expenses, and unforeseen emergencies of a confidential nature.
Language is included for the Financial Crimes Enforcement
Network, ``Salaries and Expenses'', that provides funds for
hire of motor vehicles; the travel and training of non-federal
and foreign government personnel attending meetings involving
domestic or foreign financial law enforcement, intelligence,
and regulation; official reception and representation expenses;
the purchase of personal services contracts; and assistance to
Federal law enforcement agencies with or without reimbursement.
Language is also included that limits the availability of
certain amounts.
Language is included for the Financial Management Service,
``Salaries and Expenses'', that provides a certain amount for
official reception and representation expenses and limits the
availability for systems modernization funds.
Language is included for the Alcohol and Tobacco Tax and
Trade Bureau, ``Salaries and Expenses'', that provides funds
for the hire of passenger motor vehicles and laboratory
assistance to state and local agencies with or without
reimbursement. Language is also included that specifies the
amounts for official reception and representation expenses and
cooperative research and development.
Language is included for the U.S. Mint, ``United States
Mint Public Enterprise Fund'' that identifies the source of
funding for the operations and activities of the U.S. Mint and
specifies the level of funding for circulating coinage and
protective service capital investments.
Language is included for the Bureau of the Public Debt,
``Administering the Public Debt'' that specifies funds for
official reception and representation expenses and systems
modernization; and provides that appropriations from the
General Fund will be reduced as fees are collected, and that a
portion of the funds are to be derived from the Oil Spill
Liability Trust Fund for administration of the Fund.
Language is included for the Community Development
Financial Institutions Fund Program Account that provides for
services authorized by 5 U.S.C. 3109 but at certain rates; and
specific amounts for: Native American initiatives, the
financial counseling grants pilot program authorized by Public
Law 110-289, the Capital Magnet Fund, administrative expenses,
the cost of direct loans, and administrative expenses to carry
out the direct loan program. Language is included clarifying
the cost of direct loans and the cost of modifying direct
loans, and specifying the limitation on gross obligations for
the principal amount of direct loans. Language is included
waiving the CDFI matching requirement and the limit on the
amount of assistance for individual CDFIs, along with language
giving the Secretary flexibility in determining the leveraging
requirement for the Capital Magnet Fund program.
Language is included under Internal Revenue Service,
``Taxpayer Services'' that provides funds for pre-filing
assistance and education, filing and account services, taxpayer
advocacy services, services authorized by 5 U.S.C. 3109; and
dedicating funding for the Tax Counseling for the Elderly
Program, low-income taxpayer clinic grants, Community Volunteer
Income Tax Assistance grants, and operating expenses of the
Taxpayer Advocate Service.
Language is included for Internal Revenue Service,
``Enforcement'' that provides funds to determine and collect
owed taxes, provide legal and litigation support, conduct
criminal investigations, enforce criminal statutes, purchase
and hire of vehicles, provide services authorized by 5 U.S.C.
3109; dedicating funding for the Interagency Crime and Drug
Enforcement program and associated transfer authority; and
dedicating a specific amount for enhanced tax enforcement
activities.
Language is included for the Internal Revenue Service,
``Operations Support'' that provides funds for operating and
supporting taxpayer services and tax law enforcement programs;
rent; facilities services; printing; postage; physical
security; headquarters and other IRS-wide administration
activities; research and statistics of income;
telecommunications; information technology development,
enhancement, operations, maintenance, and security; hire of
passenger motor vehicles; services authorized by 5 U.S.C. 3109;
and dedicating funding for information technology support,
research, the IRS Oversight Board, official reception and
representation expenses, and support for enhanced tax
enforcement activities.
Language is included for Internal Revenue Service,
``Business Systems Modernization'' that provides for the
business systems modernization program, including capital asset
acquisition of information technology, including management and
related contractual costs and IRS labor costs of said
acquisitions, contractual costs associated with operations
authorized by 5 U.S.C. 3109, and places certain restrictions on
the use of the funds.
Language is included for the Internal Revenue Service,
``Health Insurance Tax Credit Administration'' to implement the
health insurance tax credit included in the Trade Act of 2002
(Public Law 107-210).
TITLE II--EXECUTIVE OFFICE OF THE PRESIDENT
Language under ``Compensation of the President'', provides
that unused amounts of the President's expense allowance will
revert to the Treasury; mandates funds are only available for
their stated purpose; and specifies an amount for an expense
allowance.
Language under The White House, ``Salaries and Expenses'',
provides funds for services authorized by 5 U.S.C. 3109 and 3
U.S.C. 105 and 107, subsistence expenses, hire of vehicles,
newspapers, periodicals, teletype news service, travel, and
official entertainment expenses; and sets aside a specific
amount for the Office of National AIDS Policy.
Language under the Executive Residence at the White House,
``Operating Expenses'', provides funds for official
entertainment expenses of the President, and the care,
maintenance, repair and alteration, refurnishing, improvement,
heating, and lighting, including electric power and fixtures,
of the Executive Residence at the White House.
Language under the Executive Residence at the White House,
``Reimbursable Expenses'', specifies the authorized use of
funds; specifies that reimbursable expenses are the exclusive
authority of the Executive Residence to incur obligations and
receive offsetting collections; requires the sponsors of
political events to make advance payments; requires the
national committee of the political party of the President to
maintain $25,000 on deposit; requires the Executive Residence
to ensure that amounts owed are billed within 60 days of a
reimbursable event and collected within 30 days of the bill
notice; authorizes the Executive Residence to charge and assess
interest and penalties on late payments; authorizes all
reimbursements to be deposited into the Treasury as a
miscellaneous receipt; requires a report to the Committee on
the reimbursable expenses within 90 days of the end of the
fiscal year; requires the Executive Residence to maintain a
system for tracking and classifying reimbursable events; and
specifies that the Executive Residence is not exempt from the
requirements of subchapter I or II of chapter 37 of title 31,
United States Code.
Language under ``White House Repair and Restoration''
provides funds for the repair, alteration, improvement,
required maintenance, resolution of safety and health issues,
and continued preventative maintenance of the Executive
Residence at the White House and allows funds to remain
available until expended.
Language under Office of Administration, ``Salaries and
Expenses'', provides funds for continued modernization of the
information technology infrastructure within the Executive
Office of the President, to remain available until expended.
Language under Office of Management and Budget, ``Salaries
and Expenses'', provides funds for expenses, the hire of
vehicles, carrying out provisions of chapter 35 of 44 U.S.C.;
specifies funds for official representation expenses; prohibits
the review of agricultural marketing orders; prohibits the use
of funds for the purpose of altering the transcript of
testimony except for non-OMB officials; prohibits the use of
funds for evaluating or determining if water resource project
or study reports submitted by the Chief of Engineers are in
compliance with all applicable laws, regulations, and
requirements; and specifies the amount of time to perform
budgetary policy reviews of water resource matters on which the
Chief of Engineers has reported before the report is considered
approved, and specifies notification requirements.
Language under the Office of National Drug Control Policy,
``Salaries and Expenses'', provides funds for expenses,
research, official reception and representation expenses,
participation in joint projects, and allows for the acceptance
of gifts. Language is also included providing funds for policy
research and evaluation and making these funds available until
expended.
Language under Federal Drug Control Programs, ``High
Intensity Drug Trafficking Areas Program'', provides for the
transfer of funds to Federal agencies and departments. Language
is also included regarding the availability of funds,
specifying the amount of funds for auditing and associated
activities, requiring each designated High Intensity Drug
Trafficking Area to receive not less than the fiscal year 2009
base allocation unless the Director of the Office of National
Drug Control Policy determines otherwise and submits a report
to the Committees on Appropriations, and requiring reports
regarding initial allocations and discretionary funding.
Language under Federal Drug Control Programs, ``Other
Federal Drug Control Programs'' provides funds to support
certain media and outreach activities, matching grants to drug-
free communities (with an amount specified to be made available
as directed by section 4 of Public Law 107-82, as amended by
Public Law 109-469), the National Drug Court Institute, the
U.S. Anti-Doping Agency, the U.S. membership dues to the World
Anti-Doping Agency, the National Alliance for Model State Drug
Laws, and evaluation and research related to National Drug
Control Program performance measures. Language also limits the
availability of funds, and provides for the transfer of some
funds to other Federal departments and agencies.
Language under ``Partnership Fund for Program Integrity
Innovation'' makes funds available for grants, contracts,
cooperative agreements, and administrative costs for pilot
projects, allows transfer of funds to carry out an evaluate
such pilot projects, establishes certain conditions to be met
prior to obligation of funds, and requires certain
notifications and reports to the Committees on Appropriations.
Language under Special Assistance to the President,
``Salaries and Expenses'', enables the Vice President to
provide assistance to the President, services authorized by 5
U.S.C. 3109 and 3 U.S.C. 106, subsistence, and the hire for
vehicles.
Language under Official Residence of the Vice President,
``Operating Expenses'', provides funds for operation and
maintenance of the official residence of the Vice President,
the hire of vehicles, official entertainment expenses and
provides for the transfer of funds as necessary.
TITLE III--THE JUDICIARY
Language is included under Supreme Court, ``Salaries and
Expenses'' permitting certain funds to remain available until
expended and specifying certain amounts for specific purposes.
Language is included under Supreme Court, ``Care of the
Building and Grounds'' permitting funds to remain available
until expended.
Language is included under Courts of Appeals, District
Courts, and Other Judicial Services, ``Salaries and Expenses''
specifying certain funds remain available until expended for
specific purposes. Language is also included providing funding
from the Vaccine Injury Compensation Trust Fund for certain
purposes.
Language is included under Defender Services, permitting
funds to remain available until expended.
Language is included under Fees of Jurors and
Commissioners, permitting funds to remain available until
expended and specifying limitations for the compensation of
land commissioners.
Language is included under Court Security, permitting
certain funds to remain available until expended, which may be
transferred to the United States Marshals Service.
Language is included under Administrative Office of the
United States Courts, ``Salaries and Expenses'' specifying
certain amounts for official reception and representation
expenses.
Language is included under Federal Judicial Center,
``Salaries and Expenses'' extending the availability of certain
funds for education and training, and specifying certain
amounts for official reception and representation expenses.
Language is included under Judicial Retirement Funds,
``Payment to Judiciary Trust Funds'' specifying certain amounts
for payments to specific trust funds.
Language is included under United States Sentencing
Commission, ``Salaries and Expenses'' specifying certain
amounts for official reception and representation expenses.
TITLE IV--DISTRICT OF COLUMBIA
Language is included under ``Federal Payment for Resident
Tuition Support'' permitting the amount appropriated to remain
available until expended; specifying conditions for the use,
award, and financial accounting of funds; and requiring a
quarterly financial report.
Language is included under ``Federal Payment for Emergency
Planning and Security Costs in the District of Columbia''
providing that the amount appropriated shall remain available
until expended and specifying certain amounts for certain
purposes.
Language is included under ``Federal Payment to the
District of Columbia Courts'': (1) providing all amounts under
this heading shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same
manner as funds appropriated for salaries and expenses of other
Federal agencies, with payroll and financial services to be
provided on a contractual basis with the General Services
Administration; (2) specifying certain amounts for specific
purposes; (3) allowing funds made available for capital
improvements to remain available until September 30, 2011; and
(4) providing for the reallocation of funds.
Language is included under ``Defender Services in the
District of Columbia Courts'': (1) providing that the amount
appropriated shall remain available until expended; (2)
authorizing funds provided in other appropriations to be used
for payments under this heading; (3) specifying who shall
administer these funds; and (4) providing that all amounts
under this heading shall be apportioned quarterly by the Office
of Management and Budget and obligated and expended in the same
manner as funds appropriated for salaries and expenses of other
Federal agencies, with payroll and financial services to be
provided on a contractual basis with the General Services
Administration.
Language is included under ``Federal Payment to the Court
Services and Offender Supervision Agency for the District of
Columbia'': (1) specifying certain amounts for specific
purposes and programs; (2) providing that all amounts under
this heading shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same
manner as funds appropriated for salaries and expenses of other
Federal agencies; (3) authorizing the Director to accept and
use gifts to support offender and defendant programs and
equipment and vocational training services to educate and train
offenders and defendants, and details for recording the
acceptance of such gifts; and (4) authorizing the Director to
charge fees to cover the costs of training and materials
distributed at conferences.
Language is included under ``Federal Payment to District of
Columbia Public Defender Service'' providing that all amounts
under this heading shall be apportioned quarterly by the Office
of Management and Budget and obligated and expended in the same
manner as funds appropriated for salaries and expenses of other
Federal agencies and authorizing the collection of fees for
materials provided at conferences.
Language is included under ``Federal Payment to the
District of Columbia Water and Sewer Authority'' specifying
that the amount appropriated shall remain available until
expended and specified amounts shall be matched by WASA and
that certain amounts shall be used for certain purposes.
Language is included under ``Federal Payment to the
Criminal Justice Coordinating Council'' specifying that the
amount appropriated shall remain available until expended to
support initiatives related to the coordination of Federal and
local criminal justice resources.
Language is included under ``Federal Payment for Judicial
Commissions'' specifying certain amounts for certain
commissions and allowing for appropriations to remain available
until September 30, 2011.
Language is included under ``Federal Payment to the Office
of the Chief Financial Officer of the District of Columbia''
specifying that each entity receiving funds submit to the
Office of the Chief Financial Officer (CFO) a report, and that
the CFO submit a report to the Committees on Appropriations.
Language is included under ``Federal Payment for School
Improvement'' providing certain amounts for specific purposes,
including funds to expand quality public charter schools,
public schools and opportunity scholarships in the District of
Columbia.
Language is included under ``Federal Payment for
Consolidated Laboratory Facility'' providing amounts for
certain purposes, specifying that a matching amount will be
provided by the District of Columbia and allowing the funds to
remain available until September 30, 2011.
Language is included under ``Federal Payment for the
District of Columbia National Guard'' providing certain amounts
for certain purposes and the availability of those
appropriations.
Language is included under ``Federal Payment for Housing
for the Homeless'' specifying amounts for certain purposes and
providing extended availability of those appropriations.
Language is included under ``Federal Payment for Youth
Services'' specifying amounts for certain purposes and
providing extended availability of those appropriations.
Language is included under ``Federal Payment for Public
Health Services'' specifying amounts for certain purposes and
providing extended availability of those appropriations.
Language is included under ``District of Columbia Funds''
(1) limiting the amount provided in this Act for the District
of Columbia; (2) identifying the source of funds, including a
rescission of prior year local funds; (3) establishing the
District's intradistrict authority; (4) setting funds subject
to the provisions of and allocated and expended as proposed in
the fiscal year 2010 District of Columbia Budget and Financial
Plan; (5) providing conditions for increasing the amount
provided; and (6) directing the Chief Financial Officer to
assure the District of Columbia meets all requirements, but
prohibits the reprogramming of capital projects.
TITLE V--INDEPENDENT AGENCIES
Language is included for the Administrative Conference of
the United States for expenses authorized under 5 U.S.C. 591,
and for official reception and representation expenses.
Language is included for the Consumer Product Safety
Commission, ``Salaries and Expenses'' that provides funds for
expenses, the hire of motor vehicles, services as authorized by
5 U.S.C. 3109 (with a limitation on rates for individuals),
nominal awards, official reception and representation expenses,
and allowing $2,000,000 to remain available until September 30,
2011 for a grant program authorized by section 1405 of Public
Law 110-140 (15 U.S.C. 8004).
Language is included for the Election Assistance
Commission, ``Salaries and Expenses'' that allows for the
transfer of funds to the National Institute of Standards and
Technology for election reform activities. Funds are made
available for the Help America Vote College Program and a grant
program to support mock elections.
Language is included for the Election Assistance
Commission, ``Election Reform Programs'' for requirements
payments under part 1 of subtitle D of title II of the Help
America Vote Act. Funds are also made available for grants to
carry out research on voting technology improvements and for
grants relating to pre-election logic and accuracy testing and
post-election voting systems verification.
Language is included under the Federal Communications
Commission, ``Salaries and Expenses'', permitting funds for
uniforms and allowances therefor, official reception and
representation expenses, purchase and hire of motor vehicles,
and special counsel fees. Language provides for the assessment
and collection of offsetting collections, authorizes retention
of such collections, and provides that they remain available
until expended. Language removes the availability for
obligation of excess collections. Language waives existing law
concerning proceeds from the use of a competitive bidding
system. Language is also included regarding the transfer of
funds from the Universal Service Fund.
Language is included for the Federal Deposit Insurance
Corporation, ``Office of Inspector General'' that provides for
the funds to be derived from the Deposit Insurance Fund, and
the FSLIC Resolution Fund, or any successor to these funds.
Language is included for the Federal Election Commission,
``Salaries and Expenses'' that specifies funds for reception
and representation expenses.
Language is included for the Federal Labor Relations
Authority, ``Salaries and Expenses'' that provides funds for
services authorized by 5 U.S.C. 3109, the hire of experts and
consultants, hire of motor vehicles, and the rental of
conference rooms; authorizes travel payments to public members
of the Federal Service Impasses Panel; and allows for fees
collected to be transferred to and merged with the
appropriation.
Language is included for the Federal Trade Commission,
``Salaries and Expenses'' permitting funds for uniforms and
allowances therefor, services authorized by 5 U.S.C. 3109,
official reception and representation expenses, hire of motor
vehicles, and contract for collection services. Language
provides for the crediting and retention of certain fees.
Language also prohibits funds from being used to implement
subsection (e)(2)(B) of section 43 of the Federal Deposit
Insurance Act.
Language is included for the General Services
Administration, ``Federal Buildings Fund'' that allows for
revenues and collections to be deposited in the Fund; specifies
the conditions under which funds made available can be used and
designates certain projects that can be undertaken; limits the
availability of funds; and requires the approval to change the
amounts identified. Many technical provisions have been
included regarding use of funds in the Federal Buildings Fund
that are not specifically authorized by law. Language has been
included that limits project funds available for construction
and repair and alteration of buildings 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.
Language is included for General Services Administration,
``Government-wide Policy'' that provides funds for policy and
evaluation activities associated with the management of real
and personal property assets and certain administrative
services; support responsibilities relating to acquisition,
telecommunications, information technology management, and
related technology activities; and services authorized by 5
U.S.C. 3109.
Language is included for General Services Administration,
``Operating Expenses'' that provides funds for expenses for
activities associated with personal and real property;
technology management and activities; information access
activities; agency-wide policy direction and management; other
support services; and official reception and representation
expenses.
Language is included for the General Services
Administration, ``Office of Inspector General'' that provides
funds for information and detection of fraud; and for awards in
recognition of efforts that enhance the office.
Language is included for the General Services
Administration, ``Allowances and Office Staff for Former
Presidents'' that allows a portion of these funds to be
transferred.
Language is included for the General Services
Administration, ``Expenses, Presidential Transition'' that
provides funds limited to certain activities authorized under
the Presidential Transition Act of 1963.
Language is included for the General Services
Administration, ``Federal Citizen Services Fund'' that
authorizes funds to be deposited in the Fund and limits the
availability of funds in the Fund.
Language is included for the Merit Systems Protection
Board, ``Salaries and Expenses'', that provides funds for
services authorized by 5 U.S.C. 3109, rental of conference
rooms, hire of passenger motor vehicles, direct procurement of
survey printing, official reception and representation
expenses, and administrative expenses to adjudicate retirement
appeals, and provides for the transfer of some funds.
Language is included for the Morris K. Udall Scholarship
and Excellence in National Environmental Policy Foundation,
``Morris K. Udall Scholarship and Excellence in National
Environmental Policy Trust Fund'', that specifies the
availability of funds, specifies an amount for financial
audits, and provides for the transfer of some funds.
Language is included for the Morris K. Udall Scholarship
and Excellence in National Environmental Policy Foundation,
``Environmental Dispute Resolution Fund'' that specifies the
availability of funds.
Language is included for National Archives and Records
Administration, ``Operating Expenses'', that provides funds for
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901
et seq., including maintenance, repairs, and cleaning, the hire
of passenger motor vehicles, activities of the Public Interest
Declassification Board, and the review and declassification of
documents.
Language is included for National Archives and Records
Administration, ``Office of Inspector General'' that provides
funds for the hire of motor vehicles.
Language is included for National Archives and Records
Administration, ``Electronic Records Archives'' that provides
funds for the development of electronic records archives,
including research, analysis, design, development and program
management; and limits the availability of funds and provides
certain restrictions on the use of multi-year funds.
Language is included for National Archives and Records
Administration, ``Repairs and Restoration'' that provides funds
for the repair, alteration, improvement, and provision of
adequate storage; and provides that funds remain available
until expended.
Language is included for National Archives and Records
Administration, ``National Historical Publications and Records
Commission Grants Program'' that provides funds for allocations
and grants for historical publications and records; and
provides that funds remain available until expended.
Language is included under the National Credit Union
Administration, ``Central Liquidity Facility'' that limits
gross obligations and administrative expenses.
Language is included under the National Credit Union
Administration, ``Community Development Credit Union Revolving
Loan Fund'' that provides funds for technical assistance and
limits the availability of funds.
Language is included under Office of Government Ethics,
``Salaries and Expenses'' that provides funds for services
authorized by 5 U.S.C. 3109, rental of conference rooms, hire
of passenger motor vehicles, and official reception and
representation expenses.
Language is included under Office of Personnel Management,
``Salaries and Expenses'' that provides funds for services
authorized by 5 U.S.C. 3109, medical examinations for veterans,
rental of conference rooms, hire of passenger motor vehicles,
official reception and representation expenses, advances for
reimbursements, payment of per diem and/or subsistence
allowances, the Enterprise Human Resources Integration project,
the Human Resources Line of Business project, and the transfer
of administrative expenses; limits the availability of some
funds; provides for the costs of implementing the new
integrated financial system and automating the retirement
recordkeeping system, directs that provisions shall not affect
other authorities; prohibits funds for the Legal Examining
Unit; and authorizes the acceptance of donations under certain
conditions.
Language is included for Office of Personnel Management,
Office of Inspector General, ``Salaries and Expenses'' that
provides funds for services authorized by 5 U.S.C. 3109, hire
of passenger motor vehicles, rental of conference rooms, and
the transfer of administrative expenses.
Language is included for Payment to Civil Service
Retirement and Disability Fund that authorizes payments of
certain annuities from the Civil Service Retirement and
Disability Fund.
Language is included for Office of Special Counsel,
``Salaries and Expenses'' that provides funds for services
authorized by 5 U.S.C. 3109, payment of fees and expenses for
witnesses, rental of conference rooms, and the hire of
passenger motor vehicles.
Language is included for the Postal Regulatory Commission,
``Salaries and Expenses'' that provides for transfer from the
Postal Service Fund.
Language is included for Securities and Exchange
Commission, ``Salaries and Expenses'' that provides for rental
of space, reception and representation expenses, a permanent
secretariat for the International Organization of Securities
Commissions, and consultations and meetings hosted by the
Commission. Language is included that provides for the
crediting of offsetting collections and unobligated balances of
funds previously appropriated.
Language is included for Selective Service System,
``Salaries and Expenses'' that provides funds for attendance of
meetings, training, uniforms, hire of passenger motor vehicles,
services authorized by 5 U.S.C. 3109, and official reception
and representation expenses; authorizes certain exemptions
under certain conditions; and prohibits funds used in
connection with the induction of any person into the Armed
Forces of the United States.
Language is included for Small Business Administration,
``Salaries and Expenses'', that provides for hire of motor
vehicles and official reception and representation expenses.
Language is also included to provide authority to charge fees
and credit such fees to the account without further
appropriation. Language is also included to fund grants for
performance with amounts set aside for the Veterans Assistance
and Services Program and the Small Business Energy Efficiency.
Language is also included for the Loan Modernization and
Accounting System, and to allow $10,000,000 to remain available
until September 30, 2011 for costs associated with a possible
headquarters relocation.
Language is included for Small Business Administration,
``Business Loans Program Account'', limiting commitments for
certain guaranteed loan programs and for providing for the cost
of direct loans and guaranteed loans. Language is also included
authorizing the transfer of funds to ``Salaries and Expenses''
for administrative expenses.
Language is included for the Small Business Administration
``Disaster loan program account'' that provides for the
transfer of funds to the ``Office of Inspector General'' and to
``Salaries and Expenses'' and allows funds to remain available
until expended.
Language is included for the United States Postal Service,
``Payment to the Postal Service Fund'' that provides funds for
revenue foregone; limits the availability of obligation of some
funds; stipulates that mail for overseas voting and mail for
the blind is free; stipulates that 6-day delivery and rural
mail delivery shall continue at not less than the 1983 level;
prohibits funds from being used to charge a fee to a child
support enforcement agency seeking the address of a postal
customer; and prohibits funds from being used to consolidate or
close small rural and other small post offices.
Language is included for United States Postal Service,
``Office of Inspector General'' that provides for transfer from
the Postal Service Fund.
Language is included for the United States Tax Court,
``Salaries and Expenses'' that provides funds for contract
reporting and services authorized by 5 U.S.C. 3109; and that
travel expenses of the judges shall be paid upon the written
certificate of the judge.
ADMINISTRATIVE AND GENERAL PROVISIONS
Sections 101, 106, 107, 201, 203, 302, 510, 723 and 815
include legislative transfer authorities.
Sections 102, 103, 104, 105, 108, 110, 115, 116, 202, 204,
301, 303, 304, 502, 503, 504, 505, 506, 507, 511, 602, 603,
604, 605, 606, 607, 608, 609, 610, 612, 617, 618, 619, 620,
701, 702, 703, 704, 705, 706, 707, 711, 713, 716, 721, 726,
727, 728, 733, 737, 740, 742, 743, 744, 745, 801, 802, 803,
804, 805, 806, 808, 809, 810, 811, 812, 813, 814, and 816
establish affirmative directions, confer new authorities, or
impose new responsibilities on departments or agencies funded
by the bill.
Sections 104, 109, 112, 113, 115, 708, 714, 715, 717, 718,
719, 720, 734, 736, 738, and 739 do not apply solely to the
appropriations within this bill.
Sections 114 and 729 propose to state a legislative
position.
Sections 306, 611, 615, 616, 624, 710, 712, 722, 723, 724,
725, 730, 731, 732, and 741 waive existing law.
Sections 305, 307, 308, 309, 310, 507, 508, and 735 amend
existing law.
Appropriations Not Authorized By Law
Pursuant to clause 3(f)(1)(B) of rule XIII, the following
table lists the appropriations in the accompanying bill that
are not authorized by law.
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
Appropriation in
Last year of Authorized last year of Appropriation in
authorization amount authorization this bill
----------------------------------------------------------------------------------------------------------------
Title I--Department of the Treasury
Departmental Offices1,2,3,4............. n/a n/a n/a 303,388
Dept-wide Systems & Capital Investments. n/a n/a n/a 9,544
Office of the Inspector General......... n/a n/a n/a 29,700
IG for Tax Administration............... n/a n/a n/a 149,000
Financial Crimes Enforcement Network.... 2005 35,500 10,416 102,760
Financial Management Service............ n/a n/a n/a 244,132
Alcohol & Tobacco Tax & Trade Bureau.... n/a n/a n/a 99,500
Bureau of Public Debt................... n/a n/a n/a 182,244
Community Development Financial 1998 60,000 80,000 243,600
Institutions Fund\5\...................
Internal Revenue Service:
Taxpayer Services................... n/a n/a n/a 2,273,830
Enforcement\6\...................... n/a n/a n/a 5,504,000
Operations Support.................. n/a n/a n/a 4,082,984
Business Systems Modernization...... n/a n/a n/a 253,674
Health Ins Tax Credit Administration 2003 20,000 70,000 15,512
Title II--Executive Office of the President
Office of Management and Budget......... 2003 various 61,988 92,687
ONDCP: Nat'l Drug Court Institute....... n/a n/a n/a 1,000
Fund for Program Integrity Innovation... n/a n/a n/a 40,000
Title IV--District of Columbia
Payment for Water & Sewer Authority..... n/a n/a n/a 20,400
Payment for School Improvement\7\....... n/a n/a n/a 74,400
Payment for Public Health Services...... n/a n/a n/a 4,000
Payment for Housing for the Homeless.... n/a n/a n/a 19,200
Payment for Consolidated Lab Facility... n/a n/a n/a 15,000
Payment for Youth Services.............. n/a n/a n/a 5,000
Payment for the D.C. National Guard..... n/a n/a n/a 2,375
Payment to the Office of the CFO........ n/a n/a n/a 1,700
Payment for Judicial Commissions........ n/a n/a n/a 500
Title V--Independent Agencies
Election Assistance Commission:
Salaries and expenses............... 2005 10,000 13,888 17,959
Election reform programs............ 2005 600,000 - - - 106,000
Federal Communications Commission....... 1991 such sums 115,794 338,875
Federal Election Commission............. 1981 9,400 51,742 65,100
Federal Trade Commission................ 1998 111,000 106,500 259,200
General Services Administration:
Federal Buildings Fund\8\........... (\8\) (\8\) (\8\) 8,465,585
Office of Government Ethics............. 2007 such sums 11,115 14,415
Office of Special Counsel............... 2007 such sums 15,524 18,495
Merit Systems Protection Board.......... 2007 such sums 38,666 42,918
Udall Foundation:
Environmental Dispute Resolution.... 2008 4,000 2,000 2,100
NCUA Revolving Loan Fund................ 1998 2,000 - - - 1,000
Securities and Exchange Commission...... 2003 776,000 716,350 928,000
Small Business Administration........... (\9\) such sums 568,988 847,987
----------------------------------------------------------------------------------------------------------------
\1\Appropriations for International Affairs activities were permanently authorized in 31 U.S.C. sec 325(b)
(1982).
\2\Appropriations for OFAC activities related to Cuba were permanently authorized in 22 U.S.C. sec 6609 (1992).
\3\Money Laundering and Financial Crimes Strategy were permanently authorized in 31 U.S.C. sec 5355 (2005).
\4\Treasury intelligence appropriations were last authorized in the FY 2005 Intelligence Authorization Act (P.L.
108-487).
\5\The Capital Magnet Fund and the financial counseling grants pilot program were authorized in Public Law 110-
289.
\6\The Earned Income Tax Credit compliance program was authorized in P.L. 105-33 (2002).
\7\The last year of authorization for the D.C. opportunity scholarship program was fiscal year 2008.
\8\Deposits into the Federal buildings fund are available for real property management and related activities in
the amounts specified in annual appropriation laws, as provided by 40 USC 592 .
\9\The Small Business Administration has a temporary extension of authorization through July 31, 2009 (Public
Law 110-10).
Transfers of Funds
Pursuant to clause 3(f)(2) of rule XIII, the following
statement is submitted describing the transfers of funds
provided in the accompanying bill.
The Committee recommends the following transfers:
TITLE I--DEPARTMENT OF THE TREASURY
Under ``Departmental Offices, Salaries and Expenses'',
language is included authorizing transfer of up to 4 percent
between program activities under certain circumstances, and
authorizing transfer of greater amounts subject to the approval
of the Committees on Appropriations. In addition, language is
included allowing that, of the $6,787,000 for the Treasury-wide
Financial Statement Audit and Internal Control program, such
amounts as necessary may be transferred to the Department's
offices and bureaus.
Under ``Department-Wide Systems and Capital Investments
Programs'', language is included authorizing the transfer of
amounts necessary to satisfy the requirements of the
Department's offices, bureaus, and other organizations.
Under ``Community Development Financial Institutions Fund
Program Account'', language is included authorizing $80,000,000
to be transferred to the Capital Magnet Fund.
Under Internal Revenue Service (IRS), ``Enforcement'',
language is included authorizing up to $10,000,000 to be
transferred to ``Operations Support'' for the Interagency Crime
and Drug Enforcement program.
Section 101 authorizes the transfer of 5 percent of any
appropriation made available to the IRS (or 3 percent of IRS,
``Enforcement'') to any other IRS appropriation, subject to
approval of the Committees on Appropriations.
Section 106 authorizes transfers, up to 2 percent, between
Departmental Offices, Office of Inspector General, Financial
Management Service, Alcohol and Tobacco Tax and Trade Bureau,
Financial Crimes Enforcement Network, and the Bureau of the
Public Debt appropriations, subject to approval of the
Committees on Appropriations.
Section 107 authorizes transfers, up to 2 percent, between
any appropriation made available to the IRS and the Treasury
Inspector General for Tax Administration, subject to approval
of the Committees on Appropriations.
Section 110 authorizes the transfer of funds from
``Financial Management Service, Salaries and Expenses'', to the
Debt Collection Fund as necessary to cover the cost of debt
collection.
TITLE II--EXECUTIVE OFFICE OF THE PRESIDENT
Under Federal Drug Control Programs, ``High-Intensity Drug
Trafficking Areas Program'', language is included allowing
transfer of funds to other Federal departments or agencies.
Under Federal Drug Control Programs, ``Other Federal Drug
Control Programs'', language is included allowing transfer of
funds to other Federal departments or agencies.
Under ``Partnership Fund for Program Integrity
Innovation'', language is included allowing transfer of funds
to appropriate agencies to carry out pilot projects and conduct
evaluations.
Under Official Residence of the Vice President, ``Operating
Expenses'', language is included allowing the transfer of funds
to other Federal departments or agencies.
Section 201 authorizes transfers of up to 10 percent among
Executive Office of the President appropriations, with 15 days
advance notice to the Committees on Appropriations.
Section 203 authorizes transfers of up to 2 percent among
Office of National Drug Control Policy appropriations, with the
advance approval of the Committees on Appropriations.
TITLE III--THE JUDICIARY
Under Courts of Appeals, District Courts, and Other
Judicial Services, ``Court Security'', language is included
authorizing transfer of funds to the United States Marshals
Service for courthouse security.
Section 302 authorizes the Judiciary to transfer up to 5
percent of any appropriation with certain limitations.
TITLE V--INDEPENDENT AGENCIES
Under Election Assistance Commission, ``Salaries and
expenses'', language is included directing transfer of
$3,500,000 to the National Institute of Standards and
Technology for election reform activities.
Under Merit Systems Protection Board, ``Salaries and
Expenses'', language is included authorizing transfer of
certain amounts from the Civil Service Retirement and
Disability Fund.
Under Morris K. Udall Scholarship and Excellence in
National Environmental Policy Foundation, ``Morris K. Udall
Scholarship and Excellence in National Environmental Policy
Trust Fund'', language is included authorizing transfer of up
to 60 percent of funds to the Native Nations Institute for
necessary expenses.
Under Office of Personnel Management, ``Salaries and
Expenses'', language is included transferring amounts from
certain trust funds for administrative expenses.
Under Office of Personnel Management, ``Office of Inspector
General'', language is included transferring amounts from
certain trust funds for administrative expenses.
Under Postal Regulatory Commission, ``Salaries and
Expenses, language is included transferring amounts from the
Postal Service Fund.
Under Small Business Administration, ``Business Loans
Program Account'' and ``Disaster Loans Program Account'',
language is included transferring amounts to the Office of
Inspector General and the Salaries and Expenses account.
Under United States Postal Service, ``Office of Inspector
General'', language is included authorizing transfer of amounts
from the Postal Service Fund.
Section 502 authorizes transfer of funds between activities
of the Federal Buildings Fund with advance approval from the
Committees on Appropriations.
Section 510 authorizes transfer of funds between
appropriations of the Small Business Administration.
TITLE VIII--GENERAL PROVISIONS, DISTRICT OF COLUMBIA
Section 815 allows the District of Columbia to transfer
local funds in certain instances.
Rescissions
Pursuant to clause 3(f)(2) of rule XIII, the following
statement is submitted regarding the rescissions recommended in
the accompanying bill.
In title I, Department of the Treasury, under the heading
``Treasury Forfeiture Fund'', the Committee has included
language to permanently rescind $50,000,000 and return it to
the general fund. This is the only rescission included in the
bill.
Compliance With Rule XIII, Cl. 3(e) (Ramseyer Rule)
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
SECTION 122 OF DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE
JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 1998
(Public Law 105-119)
Sec. 122. (a) * * *
* * * * * * *
(g)(1) Notwithstanding any other provision of law and subject
to paragraph (2), the Secretary of the Treasury is authorized
to establish, for a period of [11 years] 12 years from date of
enactment of this provision, a personnel management
demonstration project providing for the compensation and
performance management of not more than a combined total of 950
employees who fill critical scientific, technical, engineering,
intelligence analyst, language translator, and medical
positions in the Bureau of Alcohol, Tobacco and Firearms.
* * * * * * *
----------
SECTION 203 OF THE JUDICIAL IMPROVEMENTS ACT OF 1990
(Public Law 101-650)
SEC. 203. DISTRICT JUDGES FOR THE DISTRICT COURTS.
(a) * * *
* * * * * * *
(c) Temporary Judgeships.--The President shall appoint, by
and with the advice and consent of the Senate--
(1) * * *
* * * * * * *
Except with respect to the district of Kansas, the western
district of Michigan, the eastern district of Pennsylvania, the
district of Hawaii, and the northern district of Ohio, the
first vacancy in the office of district judge in each of the
judicial districts named in this subsection, occurring 10 years
or more after the confirmation date of the judge named to fill
the temporary judgeship created by this subsection, shall not
be filled. The first vacancy in the office of district judge in
the district of Kansas occurring [18 years] 19 years or more
after the confirmation date of the judge named to fill the
temporary judgeship created for such district under this
subsection, shall not be filled. The first vacancy in the
office of district judge in the western district of Michigan,
occurring after December 1, 1995, shall not be filled. The
first vacancy in the office of district judge in the eastern
district of Pennsylvania, occurring 5 years or more after the
confirmation date of the judge named to fill the temporary
judgeship created for such district under this subsection,
shall not be filled. The first vacancy in the office of
district judge in the northern district of Ohio occurring [18
years] 19 years or more after the confirmation date of the
judge named to fill the temporary judgeship created under this
subsection shall not be filled. The first vacancy in the office
of the district judge in the district of Hawaii occurring 15
years or more after the confirmation date of the judge named to
fill the temporary judgeship created under this subsection
shall not be filled. For districts named in this subsection for
which multiple judgeships are created by this Act, the last of
those judgeships filled shall be the judgeships created under
this section.
* * * * * * *
----------
SECTION 101 OF THE FEDERAL AND DISTRICT OF COLUMBIA GOVERNMENT REAL
PROPERTY ACT OF 2006
SEC. 101. EXCHANGE OF TITLE OVER RESERVATION 13 AND CERTAIN OTHER
PROPERTIES.
(a) Conveyance of Properties.--
[(1) In general.--On the date on which the District
of Columbia conveys to the Administrator of General
Services all right, title, and interest of the District
of Columbia in the property described in subsection
(c), the Administrator shall convey to the District of
Columbia all right, title, and interest of the United
States in--
[(A) U.S. Reservation 13, subject to the
conditions described in subsection (b); and
[(B) Old Naval Hospital.]
(1) In general.--
(A) U.S. reservation 13.--On the date on
which the District of Columbia conveys to the
Administrator of General Services all right,
title, and interest of the District of Columbia
in the property described in subsection (c),
the Administrator shall convey to the District
of Columbia all right, title, and interest of
the United States in U.S. Reservation 13,
subject to the conditions described in
subsection (b).
(B) Old naval hospital.--Not later than 60
days after the date of the enactment of the
Financial Services and General Government
Appropriations Act, 2010, the Administrator
shall convey to the District of Columbia all
right, title, and interest of the United States
in Old Naval Hospital.
* * * * * * *
Directed Spending by Congress and by the Executive Branch
This bill contains $775 million in grant funding awarded
solely at the discretion of the Administration, $705 million in
funding requested by the President for specific projects, and
$118 million requested by the Federal Judiciary for specific
projects.
In addition to placing a one-year moratorium on earmarks in
appropriations bills enacted in 2007 so that new rules could be
put in place, the Committee has subsequently taken
unprecedented action to increase transparency and reduce
funding for earmarks. This bill continues to further reduce
earmarks in 2010, by 54 percent below 2009. In this bill since
2006, total funding earmarked has been reduced by 15 percent.
This year, earmarked funding will less than three-tenths-of-
one-percent of the cost of the bill.
It should also be noted that under the policies adopted by
the Committee the use of Member earmarks awarded to for-profit
entities as a functional equivalent of no bid contracts is
ended. In cases wthe Committee funds an earmark designated for
a for-profit entity, the Committee includes legislative
language requiring the Executive Branch to nonetheless issue a
request for proposal that gives other entities an opportunity
to apply and requires the agency to evaluate all bids received
and make a decision based on merit. This gives the original
designee an opportunity to be brought to the attention of the
agency, but with the possibility that an alternative entity may
be selected.
[dollars in millions]
------------------------------------------------------------------------
FY 2006
enacted FY 2008 enacted FY 2009 enacted FY 2010 this bill
------------------------------------------------------------------------
$168 $122 $142 $33
------------------------------------------------------------------------
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
The following table is submitted in compliance with clause
9 of rule XXI, and lists the congressional earmarks (as defined
in paragraph (e) of clause 9) contained in the bill or in this
report. Neither the bill nor the report contain any limited tax
benefits or limited tariff benefits as defined in paragraphs
(f) or (g) of clause 9 of rule XXI.
FINANCIAL SERVICES AND GENERAL GOVERNMENT
[Presidentially Directed Spending Items]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Requester(s)
Agency Account Recipient Project Amount -------------------------------------------
Administration House
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Executive Office of the President ONDCP/Other Federal Drug Office of National Drug National Alliance for Model $1,250,000 The President Rogers (KY)
Control Programs Control Policy, Washington, State Drug Laws
DC
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Executive Office of the President ONDCP/Other Federal Drug Office of National Drug National Drug Court Institute $1,000,000 The President
Control Programs Control Policy, Washington,
DC
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
General Services Administration (GSA) Federal Buildings Fund General Services Calexico West Land Port of $9,437,000 The President
Administration, Washington, Entry, California
DC
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
General Services Administration (GSA) Federal Buildings Fund General Services Columbia Plaza, District of $100,000,000 The President
Administration, Washington, Columbia
DC
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
General Services Administration (GSA) Federal Buildings Fund General Services Denver Federal Center $9,962,000 The President
Administration, Washington, Remediation, Colorado
DC
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
General Services Administration (GSA) Federal Buildings Fund General Services East Wing Infrastructure $35,000,000 The President
Administration, Washington, Systems Replacement,
DC District of Columbia
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
General Services Administration (GSA) Federal Buildings Fund General Services Eisenhower Executive Office $15,000,000 The President
Administration, Washington, Building, District of
DC Columbia
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
General Services Administration (GSA) Federal Buildings Fund General Services Madawaska Land Port of Entry, $50,127,000 The President
Administration, Washington, Maine
DC
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
General Services Administration (GSA) Federal Buildings Fund General Services Miami FBI Field Office $190,675,000 The President
Administration, Washington, Consolidation, Florida
DC
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
General Services Administration (GSA) Federal Buildings Fund General Services New Executive Office $30,276,000 The President
Administration, Washington, Building, District of
DC Columbia
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
General Services Administration (GSA) Federal Buildings Fund General Services Southeast Federal Center $15,000,000 The President
Administration, Washington, Remediation, District of
DC Columbia
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
General Services Administration (GSA) Federal Buildings Fund General Services Tornillo-Guadalupe Land Port $91,565,000 The President Reyes
Administration, Washington, of Entry, Texas
DC
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
General Services Administration (GSA) Federal Buildings Fund General Services White Oak FDA Consolidation, $137,871,000 The President Hoyer
Administration, Washington, Maryland
DC
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
National Archives and Records Repairs and Restoration National Archives and Records FDR Presidential Library, New $17,500,000 The President Hinchey; Murphy (NY)
Administration (NARA) Administration, Washington, York
DC
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FINANCIAL SERVICES AND GENERAL GOVERNMENT
[Judicially Directed Spending Items]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Requester(s)
Agency Account Recipient Project Amount ------------------------------------------
The Judiciary House
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
General Services Administration (GSA) Federal Buildings Fund General Services Greenbelt United States $10,000,000 The Judiciary Hoyer
Administration, Washington, Courthouse, Maryland
DC
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
General Services Administration (GSA) Federal Buildings Fund General Services Mobile United States $96,000,000 The Judiciary Bonner
Administration, Washington, Courthouse, Alabama
DC
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
General Services Administration (GSA) Federal Buildings Fund General Services San Antonio United States $4,000,000 The Judiciary Gonzalez; Smith (TX)
Administration, Washington, Courthouse, Texas
DC
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
General Services Administration (GSA) Federal Buildings Fund General Services Savannah United States $7,900,000 The Judiciary Barrow
Administration, Washington, Courthouse, Georgia
DC
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FINANCIAL SERVICES AND GENERAL GOVERNMENT
[Congressionally Directed Spending Items]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Agency Account Recipient Project Amount Requester(s)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
District of Columbia Office of the Chief Financial Living Classrooms of the National Education and job skills training $100,000 Moran (VA)
Officer Capital Region, Washington, DC for disadvantaged young adults
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
District of Columbia Office of the Chief Financial National Building Museum, Education programs and $150,000 Moran (VA); Norton
Officer Washington, DC exhibitions
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
District of Columbia Office of the Chief Financial Safe Kids USA, Washington, DC Safety services for families in $125,000 Wasserman Schultz
Officer need
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
District of Columbia Office of the Chief Financial Samaritan Ministry of Greater Next Step Program $100,000 Norton; Moran (VA)
Officer Washington, Washington, DC
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
District of Columbia Office of the Chief Financial The Washington Center, Washington, Construction and build out of $125,000 Wasserman Schultz
Officer DC academic space
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
District of Columbia Office of the Chief Financial Washington Hospital Center, Trauma center and other critical $50,000 Norton
Officer Washington, DC hospital upgrades
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
District of Columbia Office of the Chief Financial Whitman-Walker Clinic, Washington, health care services $100,000 Wasserman Schultz; Norton
Officer DC
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
District of Columbia Office of the Chief Financial Youth Power Center, Washington, DC Tutoring and Mentoring Program $100,000 Norton
Officer Expansion
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
General Services Administration (GSA) Operating Expenses Oklahoma City National Memorial Oklahoma City Memorial $1,000,000 Cole; Fallin
Foundation, Oklahoma City, OK
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Agriculture & Land-based Training Farmworker to Farmer Business $110,000 Farr
Association, Salinas, CA Incubator
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Agudath Israel of America, New Mentoring and training services $150,000 Weiner
York, NY
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Alabama Small Business Institute for small business training $100,000 Rogers (AL); Aderholt
of Commerce, Rainbow City, AL
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Alabama Technology Network, for the Alabama Center for $350,000 Aderholt
Birmingham, AL Advanced Woodworking Technology
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Albuquerque Hispano Chamber of Dos Mundos small business $200,000 Heinrich
Commerce, Albuquerque, NM assistance program
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Altoona-Blair County Development for the I-99 Entrepreneurial $100,000 Shuster
Corporation, Altoona, PA Institute
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses American Cities Foundation, Inc, Reaching and Impacting Small $225,000 Fattah
Philadelphia, PA Entrepreneurs (Project RISE)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Arkansas State University-- Arkansas Commercial Driver $200,000 Berry
Newport, AR Training Institute
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Baltimore City Schools, Baltimore, Career and Technology Pathways $300,000 Ruppersberger; Cummings
MD
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Barry University, Miami Shores, FL for community and economic $100,000 Ros-Lehtinen; Meek (FL);
development Wasserman Schultz; Grayson;
Hastings (FL); Diaz-Balart,
Mario
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Benedictine University, Lisle, IL for women's entrepreneurial $250,000 Biggert
education and workforce
development
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Boise State University, ID for a research and economic $400,000 Simpson
development and entrepreneurial
initiative
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Bronx Shepherds Restoration business training programs $75,000 Serrano
Corporation, Bronx, NY
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Brooklyn Hispanic Chamber of Business incubator program $60,000 Velazquez
Commerce, Brooklyn, NY
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Buffalo Niagara International to support small businesses $250,000 Lee (NY)
Trade Foundation, Buffalo, NY
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Bunker Hill Community College, Workforce Development Initiative $150,000 Capuano
Boston, MA for Internationally Educated
Nurses
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses California State University, Online access to business and $150,000 Richardson
Dominguez Hills, Carson, CA other educational programs
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Center for Economic Growth, Watervliet Innovation Center $150,000 Tonko
Albany, NY
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Cen-Tex African American Chamber Center for Business Excellence $200,000 Edwards (TX)
of Commerce, Waco, TX
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Central Brooklyn Housing Business Incubation and $150,000 Clarke
Contractor Association, Brooklyn, Development Program
NY
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Central Oregon Community College, for a technology education center $100,000 Walden
Bend, OR
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Chamber South, South Miami, FL to encourage economic production $100,000 Diaz-Balart, Lincoln
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Chicanos Por La Causa, Inc., Buckeye Small Business Incubator $200,000 Pastor (AZ)
Phoenix, AZ
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses City of Alcoa, TN for the Pellissippi Research $100,000 Duncan
Centre
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses City of Alma, GA for business and infrastructure $500,000 Kingston
development
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses City of Bardstown, KY for downtown streetscape economic $100,000 Guthrie
development
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses City of Berkeley, CA East Bay Green Jobs Project $250,000 Lee (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses City of College Park, GA Entrepreneurial Development $150,000 Lewis (GA); Scott (GA)
Center
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses City of Loma Linda and City of for an infrastructure expansion $900,000 Lewis (CA)
Grand Terrace, CA project to promote small
business
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses City of Montrose, CO Montrose Higher Education and $200,000 Salazar
Technology Park
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses City of Myrtle Beach, SC for the Myrtle Beach $100,000 Brown (SC)
International Trade and
Conference Center
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses City of Palmdale, CA for the South Valley WorkSource $100,000 McKeon
Center
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses City of San Jose, CA Silicon Valley Minority/Immigrant $200,000 Honda
Business Support Initiative
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses City of Valparaiso, IN Entech Innovation Center Tech $250,000 Visclosky
Park
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Cleary University, Howell, MI for a multi-media center $100,000 Rogers (MI); Dingell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Clemson University, Clemson, SC for the Advanced Materials $100,000 Barrett (SC)
Innovation Center
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Commerce Lexington, Lexington, KY Central Kentucky Small Business $200,000 Chandler
Assistance Initiative
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Community Action Committee of the to help small businesses identify $100,000 Dent
Lehigh Valley, Bethlehem, PA and implement energy efficiency
improvements
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Community Economic Development Small Business Training Institute $250,000 Larson (CT); DeLauro
Fund, Meriden, CT and Individualized Small
Business Technical Assistance
Expansion
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Consortium for Worker Education, Financial training and guidance $150,000 Crowley
New York, NY programs
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Consumer Credit Counseling Service Financial Counseling for Economic $35,000 Sestak
of Delaware Valley, Philadelphia, Security
PA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses County of Essex, Newark, NJ Resource Center for Small $205,000 Rothman (NJ); Sires;
Businesses Pascrell; Payne
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses County of Passaic, Paterson, NJ Economic Development Department $125,000 Pascrell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Cuban American National Council/NJ Financial Education and Home $70,000 Sires
Regional Office, Union City, NJ Ownership Program
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Delta Foundation, Greenville, MS Mississippi Delta business growth $150,000 Thompson (MS)
development program
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Detroit Renaissance, Detroit, MI Detroit Creative Corridor Center $175,000 Kilpatrick (MI); Conyers
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Downtown West Plains, Inc., West for the Ozarks Small Business $500,000 Emerson
Plains, MO Incubator
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses East Los Angeles Community Union, TELACU Neighborhood Stabilization $500,000 Roybal-Allard; Baca; Waters
Los Angeles, CA Corporation
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Economic Development Council of Tallahassee Small Business $450,000 Boyd
Tallahassee/Leon County, Inc., Incubator
Tallahassee, FL
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Economic Growth Connection of Defense Procurement Assistance $125,000 Murtha
Westmoreland, Greensburg, PA Program
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses El Pajaro Community Development Commercial Kitchen Business $90,000 Farr
Corporation, Watsonville, CA Incubator
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Fairplex Trade and Conference Pomona Fairplex Trade and $350,000 Dreier; Napolitano
Center, Los Angeles, CA Conference Center
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses First Community Development Computer Lab Resource Center $150,000 Waters
Corporation (FCDC), Inglewood, CA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Florida Department of Citrus, Abscission chemical for improved $100,000 Putnam
Lakeland, FL citrus harvesting
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Florida Gulf Coast University, for a small business software $261,000 Young (FL)
Fort Myers, FL development program
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Florida Institute of Technology, for Activity Based Total $100,000 Posey
Melbourne, FL Accountability
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Foothill Workforce Investment Small Business Assistance Program $150,000 Schiff
Board, Pasadena, CA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Fort Stockton Economic Development Fort Stockton Small Business $100,000 Rodriguez
Corporation, Fort Stockton, TX Development Program
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Girl Scouts of the USA, New York, for a national program to improve $101,000 Emerson; Maloney
NY financial literacy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Grambling State University, LA for the Greater North Louisiana $300,000 Alexander
Community Development
Corporation
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Greater Des Moines Partnership, IA for the Central Iowa Business $185,000 Latham; Boswell
Innovation Zone
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Greater Syracuse Chamber of Clean Tech Startup Camp $200,000 Maffei
Commerce, Syracuse, NY
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Hispanic Business Education & Hispanic Business Education and $50,000 Lee (CA)
Training, Inc.(HBET), Oakland, CA Training Program
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Hispanic Chamber of Commerce of Small business training, $200,000 Grayson
Metro Orlando, FL assistance and outreach
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Housing Options and Geriatric Economic and community $75,000 Serrano
Association Resources, Inc., development program for elderly
Bronx, NY persons
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Hudson Valley Agribusiness Hudson Valley Food Processing $350,000 Hinchey; Hall (NY)
Development Corporation, Hudson, Incubator Facility
NY
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Hunter College, New York, NY for the Roosevelt House Institute $75,000 Maloney
Public Policy Institute,
Financial Literacy Project
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses I-70 Northwest Development North St. Louis Community Food $100,000 Clay
Corporation, St Louis, MO and Health Center
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Idaho TechConnect Inc., Nampa, ID Proof of Concept Center $285,000 Simpson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Illinois Institute of Technology, for business assistance programs $100,000 Rush
Chicago, IL
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Illinois Science and Technology Illinois Nanotechnology $150,000 Lipinski
Coalition, Chicago, IL Collaborative
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Illinois State University, Normal, for an export project $100,000 Johnson (IL)
IL
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Illinois Valley Community College, Technology and Workforce $200,000 Halvorson
Oglesby, IL Development Center
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Indianhead Community Action Solar Business Revolving Loan $450,000 Obey
Agency, Ladysmith, WI Fund
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Iowa Valley Community College for an education and training $500,000 Latham
District, Marshalltown, IA center
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Laredo Community College, Laredo, Small Business Center $150,000 Cuellar
TX
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Liberty University, VA, Lynchburg, Central Virginia WiMAX broadband $200,000 Perriello
VA internet service for education
and economic development--
Feasibility Study
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Lock Haven University Small Tax Compliance Resource Program $50,000 Thompson (PA)
Business Development Center, Lock
Haven, PA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Long Beach Community College for business training for Watts- $50,000 Sanchez, Linda
District, Long Beach, CA Willowbrook
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Los Angeles City College East Hollywood Entrepreneurial $150,000 Becerra
Foundation, CA Training and Small Business
Program
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Macomb County, MI for a business accelerator $100,000 Miller (MI); Levin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Manhattan Chamber of Commerce Small business training and $75,000 Maloney
Foundation, New York, NY assistance related to
international opportunities
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Maryland Technology Development Rural Business Innovation $200,000 Kratovil
Corporation (TEDCO), Columbia, MD Initiative--Eastern Shore
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Maverick County Development Maverick County Small Business $100,000 Rodriguez
Corporation, Eagle Pass, TX Development Program
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses MDC Inc., Chapel Hill, NC for services related to small $225,000 Fattah
business entrepreneurship
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Metropolitan Council on Jewish Employment and training programs $150,000 Nadler (NY)
Poverty, New York, NY
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Miami Dade College, FL Institute for Intermodal $300,000 Diaz-Balart, Mario; Wasserman
Transportation Schultz; Meek (FL); Ros-
Lehtinen; Diaz-Balart,
Lincoln
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Miami-Dade Chamber of Commerce, Technical Assistance and Economic $150,000 Meek (FL)
Miami, FL Development Center
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Montana State University--Bozeman, HTAP: High-Technology Assistance $133,000 Rehberg
MT Program
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Montana World Trade Center, Montana Growth Through Trade $134,000 Rehberg
Missoula, MT
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Montgomery County, MD, Rockville, Green Business Incubator $150,000 Van Hollen; Edwards (MD)
MD
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Mount Hope Housing Company, Inc., training program $75,000 Serrano
Bronx, NY
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Mount Vernon Chamber of Commerce, Mount Vernon Small Business $150,000 Engel
Mount Vernon, NY Incubator
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses National Association of Small Business Development and $200,000 Arcuri; McIntyre
Development Organizations, Entrepreneurial Enhancement
Washington, DC Initiative
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses National Latino Education Vocational Training Initiative $150,000 Gutierrez
Institute, Chicago, IL
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses National Urban League, New York, Restore Our Homes-Homeownership $100,000 Jackson (IL)
NY Center in Chicago
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Neighborhood Development Center, University Avenue Business $200,000 McCollum
Saint Paul, MN Preparation Collaborative
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses New Agrarian Center, Oberlin, OH Urban Agriculture Business $125,000 Kaptur
Development
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses New Orleans Redevelopment to encourage commercial $250,000 Cao
Authority, LA investments
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses New York City College of Brooklyn Small Business $115,000 Towns
Technology, Brooklyn, NY Development Center
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses New York College of Environmental for the New York Forest Community $100,000 McHugh
Science & Forestry, Syracuse, NY Economic Assistance Program
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses New York Industrial Retention Technical assistance and $60,000 Velazquez
Network, NY financing for manufacturers for
energy conservation projects
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Newport Chamber of Commerce, Industrial Park of Tiverton $80,000 Kennedy
Middletown, RI
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses North Carolina Biotechnology Entrepreneurship and Research & $130,000 Price (NC);
Center, Research Triangle Park, Development Training Initiative
NC
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses North Carolina Rural Economic Rural Business Finance Program $120,000 Price (NC); Miller (NC);
Development Center, Raleigh, NC McIntyre; Shuler;
Butterfield; Etheridge
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Northeast Alabama Community for industrial systems technology $335,000 Aderholt
College, Rainsville, AL and machining training
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Northeast Entrepreneur Fund, Greenstone Group $200,000 Oberstar
Virginia, MN
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Northeast Ohio Technology for Tech Leaders II: Job Creation $250,000 LaTourette; Sutton; Ryan (OH)
Coalition, Cleveland, OH through Industry Cluster
Development
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Northern Arizona Center for Arizona Clean Energy Accelerator $200,000 Kirkpatrick (AZ)
Emerging Technologies, Flagstaff,
AZ
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Northern Dauphin Revitalization Job creation initiative $100,000 Holden
Project, Inc., Elizabethville, PA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Northside Economic Opportunity North Minneapolis Small Business $150,000 Ellison
Network (NEON), Minneapolis, MN Capacity Building Program
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses NYS Small Business Development Training for displaced workers to $125,000 Lowey
Center at Rockland County start or expand small business
Community College, Suffern, NY
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Oakland African American Chamber Economic Vitality of Minority $50,000 Lee (CA)
of Commerce Foundation, Oakland, Businesses in Oakland
CA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Oakland Chinatown Chamber of Economic Vitality of Asian $50,000 Lee (CA)
Commerce, Oakland, CA Minority Business Program
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Operation Get Ahead, Hempstead, NY Job readiness and employment $150,000 McCarthy (NY)
programs
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Operation New Hope, Inc., for a prison re-entry job $790,000 Crenshaw
Jacksonville, FL training program that works with
small business owners
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Our Lady of the Lake University, Hispanic Leadership and $100,000 Gonzalez
San Antonio, TX Entrepreneurship Training
Institute
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Pace University Lienhard School of nursing workforce education and $125,000 Lowey
Nursing, White Plains, NY training initiative
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Pasadena City College, Pasadena, Small Business and Entrepreneur $150,000 Schiff
CA Assistance Program
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Philadelphia Development Southeastern Pennsylvania Micro $65,000 Sestak
Partnership, Philadelphia, PA Business Center
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Pinellas County Board of County for the Business Assistance $262,000 Young (FL); Castor
Commissioners, Clearwater, FL Partnership Network
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Port of Bremerton, Port Orchard, Sustainable Energy and Economic $250,000 Dicks
WA Development Incubator
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Pratt Institute, Brooklyn, NY Green Community Career & Business $85,000 Towns
Training Center
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Prince George's County, Upper Small Business Initiative $150,000 Hoyer; Van Hollen; Edwards
Marlboro, MD (MD)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Progreso Latino, Central Falls, RI Small business capacity building $120,000 Kennedy
assistance
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Project Ezrah Needs, Inc., Employment and financial $100,000 Rothman (NJ)
Englewood, NJ counseling and assistance
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses River District Association, to develop and recruit small $100,000 Manzullo
Rockford, IL businesses
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses SEKTDA, Somerset, KY for economic and small business $685,000 Rogers (KY)
development in Southern and
Eastern Kentucky
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Southwest Brooklyn Industrial Plan Ahead Brooklyn $80,000 Velazquez
Development Corporation,
Brooklyn, NY
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Southwest Georgia United Capitalization and overhead of $100,000 Bishop (GA)
Empowerment Zone, Inc., Vienna, Community Development Financial
GA Institution
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Southwestern Adventist University, Entrepreneurship Resources Center $200,000 Edwards (TX)
Keene, TX
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Suffolk County Community College, Green Technology Workforce $200,000 Israel
Brentwood, NY Initiative
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses SUNY Fredonia, Fredonia, NY Small business incubator $150,000 Higgins
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses TechRanch at Montana State Technology Based Economic $133,000 Rehberg
University, Bozeman, MT Development Center
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Texas State University System, San Center for Entrepreneurial Action $150,000 Doggett
Marcos, TX
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses The Bi-National Sustainability Partnership for Innovation and $150,000 Reyes
Laboratory (BNSL), El Paso, TX Security
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses The Bodega Association of the education, training and other $200,000 Rangel
United States, Inc, New York, NY small business assistance
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses The Citizens Advice Bureau, Bronx, for economic and community $100,000 Serrano
NY development programs for
homeless adults
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses The Export Consortium, Columbia, The I-95 Corridor Project $150,000 Clyburn
SC
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses The Pittsburgh Life Sciences Tech Belt Life Sciences $100,000 Doyle; Altmire
Greenhouse, Pittsburgh, PA Greenhouse
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses The Progress Fund, Greensburg, PA Technical Assistance for Small $125,000 Murtha
Businesses
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Thomas More College, Crestview for training programs in health $100,000 Davis (KY)
Hills, KY care management
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Thorpe Family Residence, Inc. Economic and community $75,000 Serrano
(TFR), Bronx, NY development residential services
programs and capital costs
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Township of Woodbridge, NJ for the Pennval Road Green $250,000 Lance
Technology Incubator
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses UMASS Dartmouth, Fall River, MA Advanced Technical & $325,000 Frank (MA); McGovern
Manufacturing Center
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses United Way for Southeastern Ex-Offender Entrepreneurship $250,000 Conyers; Dingell
Michigan, Detroit, MI Program
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses University of Alabama, Tuscaloosa, for the Preparing the Workforce $100,000 Bachus
AL of the Future project
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses University of Arkansas, for a research and technology $100,000 Boozman
Fayetteville, AR park
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses University of Connecticut, Storrs, Farmington Technology Incubation $150,000 DeLauro; Murphy (CT);
CT Center
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses University of Delaware, Newark, DE for the Delaware Small Business $100,000 Castle
and Technology Development
Center
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses University of Georgia, Public for an applied research $100,000 Bishop (GA)
Service and Outreach, Athens, GA demonstration project to bolster
workforce development
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses University of Guam, Mangilao, GU Center for Regional Economic $150,000 Bordallo
Development
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses University of Memphis,TN for an entrepreneurial training $685,000 Wamp; Cohen
program
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses University of Missouri System, for the Extension Community $249,000 Emerson
Columbia, MO Economic and Entrepreneurial
program
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses University of Nebraska at Omaha, Nebraska's Micro-Enterprise $250,000 Terry
NE Center
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses University of South Carolina, Innovista Center for $100,000 Clyburn
Columbia, SC Entrepreneurial Development
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses University of Texas at Global Marketing and Logistics $150,000 Ortiz
Brownsville, TX Certification Program
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses University of Toledo, OH Renewable Energy Business $75,000 Kaptur
Incubator communication
infrastructure
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses University of West Florida, for the Turnaround Business $262,000 Young (FL); Miller (FL)
Pensacola, FL Assistance Program
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses University of West Georgia, for a small business incubator $100,000 Gingrey (GA)
Carrollton, GA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses University of Wisconsin, Small Business Development Center $100,000 Baldwin
Whitewater, WI
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Urban League of Philadelphia,PA Urban League Entrepreneurship $100,000 Brady (PA)
Center
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Vermont Community Colleges, Career Readiness and Supervision $150,000 Welch
Waterbury, VT Certification
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Village of Olympia Fields, Olympia South Suburban Coalition Economic $100,000 Jackson (IL)
Fields, IL Development Demonstration
Project
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Wayne State University, Detroit, Law School Small Business Clinic $100,000 Kilpatrick (MI); Peters
MI
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses West Chester University of Entrepreneurial Leadership Center $150,000 Gerlach; Sestak
Pennsylvania
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses West Jefferson Medical Center, Workforce Training and $100,000 Scalise
Marrero, LA Development Initiative
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Western Massachusetts Enterprise Financial and Technical $250,000 Olver
Fund, Holyoke, MA Assistance for Development
Enterprises
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Western Nevada Development to promote small business $250,000 Heller
District, Carson City, NV development efforts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Western Reserve Port Authority, Western Reserve Economic $200,000 Ryan (OH)
Vienna, OH Development Initiative
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Western Reserve Resource for a green job and watershed $150,000 LaTourette
Conservation and Development management training program
Council, Painesville, OH
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Women At Work, Pasadena, CA Career Technology Training for $150,000 Schiff
Low-Income Women
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses Women's Business Development for services to small businesses $200,000 DeLauro; Murphy (CT); Himes
Center (WBDC), Stamford, CT and entrepreneurs
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Small Business Administration (SBA) Salaries and Expenses YMCA of Long Island, Inc., Diversity Training Program at the $100,000 Bishop (NY)
Holtsville, NY Brookhaven-Roe YMCA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Comparison With the Budget Resolution
Pursuant to clause 3(c)(2) of rule XIII and section
308(a)(1)(A) of the Congressional Budget Act of 1974, the
following table compares the levels of new budget authority and
outlays provided in the bill with the appropriate allocations
made under section 302(b) of the Budget Act.
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
302b Allocation This Bill
---------------------------------------------------
Budget Budget
Authority Outlays Authority Outlays
----------------------------------------------------------------------------------------------------------------
Discretionary............................................... 23,550 25,200 24,150 \1\25,653
Mandatory................................................... 20,702 20,699 20,702 20,699
----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior year budget authority
Note.--The amounts in this bill are technically in excess of the subcommittee section 302(b) allocation.
However, section 422(a)(2) of the congressional budget resolution for fiscal year 2010 authorizes an increase
to the Committee's section 302(a) allocation to reflect funding in the reported bill for Internal Revenue
Service tax compliance. After the bill is reported to the House, the Chairman of the Committee on the Budget
will provide an increased section 302(a) allocation consistent with the funding provided in the bill. That new
allocation will eliminate the technical difference prior to Floor consideration.
Five-Year Outlay Projections
Pursuant to clause 3(c)(2) of rule XIII and section
308(a)(1)(B) of the Congressional Budget Act of 1974, the
following table contains five-year projections associated with
the budget authority provided in the accompanying bill, as
provided to the Committee by the Congressional Budget Office.
[In millions of dollars]
------------------------------------------------------------------------
Outlays
------------------------------------------------------------------------
2010................................................. \1\39,563
2011................................................. 3,579
2012................................................. 675
2013................................................. 292
2014 and future years................................ 256
------------------------------------------------------------------------
\1\Excludes outlays from prior year budget authority
Financial Assistance to State and Local Governments
Pursuant to clause 3(c)(2) of rule XIII and section
308(a)(1)(C) of the Congressional Budget Act of 1974, the
Congressional Budget Office has provided the following
estimates of new budget authority and outlays provided by the
accompanying bill for financial assistance to State and local
governments.
[In millions of dollars]
------------------------------------------------------------------------
Budget Authority Outlays
------------------------------------------------------------------------
Financial assistance to State and 766 \1\548
Local governments for 2010.......
------------------------------------------------------------------------
\1\Excludes outlays from prior year budget authority
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY
The following table provides a detailed summary, for each
Department and agency, comparing the amounts recommended in the
bill with amounts enacted for fiscal year 2009 and budget
estimates presented for fiscal year 2010.
MINORITY VIEWS OF THE HONORABLE JERRY LEWIS AND THE HONORABLE JO ANN
EMERSON
The Subcommittee has jurisdiction over a diverse group of
agencies which perform activities such as regulating the
financial and telecommunications industries; collecting taxes
and providing taxpayer assistance; supporting the operations of
the White House, the Federal Judiciary, and the District of
Columbia; managing Federal buildings; and overseeing the
Federal workforce. With the 302(b) allocation provided to
Chairman Serrano, he has done an outstanding job in
distributing funds to the various agencies in the bill.
FISCAL SUSTAINABILITY
However, the $24.15 billion allocation provided to the
Subcommittee is much too large. It is a 7 percent or $1.6
billion increase above the current year, excluding stimulus
funding. This is a very generous allocation which allows most
agencies in the bill to be funded at or above the rate of
inflation. We believe the resource requirements of the agencies
funded in this bill can be met with a smaller allocation,
especially given the Federal government's financial situation.
Recently, Federal Reserve Chairman Bernanke stated ``unless
we demonstrate a strong commitment to fiscal sustainability in
the longer term, we will have neither financial stability nor
healthy economic growth.'' In a June report on the Long-Term
Budget Outlook, the Congressional Budget Office stated that
``Under current law, the federal budget is on an unsustainable
path--meaning that federal debt will continue to grow much
faster than the economy over the long run.'' The
Administration's own budget documents state that the Federal
debt held by the public will be 68.5 percent of Gross Domestic
Product by 2014. This is the highest percentage of Federal debt
to GDP since 1950.
Providing a 7 percent increase in funding for a bill that
primarily funds general government agency operating accounts,
not programs or grants, does not represent a commitment to
fiscal sustainability. Growing the Federal bureaucracy will not
stimulate the economy. However, it will increase Federal
borrowing--increasing interest rates, slowing our recovery, and
increasing the financial burden placed on our children and
grandchildren.
TERMINATIONS AND REDUCTIONS
Materials posted to the Committee website by the Majority
suggest that the bill saves $599 million from the fiscal year
2009 enacted bill and $425 million from the fiscal year 2010
budget request through program terminations and reductions.
However, it must be pointed out that these are not true
savings. The bill provides a $1.6 billion increase over fiscal
year 2009 level, excluding supplemental appropriations. It is
true that funding for a few programs, such as Presidential
transition costs, have been terminated and some programs are
not funded at the full fiscal year 2010 request. However,
cutting one program in order to provide an increase for other
programs above resource requirements identified by the Obama
Administration does not generate net budget savings.
ELECTION ASSISTANCE COMMISSION
One area of the bill that has received an excessive level
of funding is the Help America Vote requirements payments. The
Administration proposed to cut this program to $50 million
because the States are not spending the funds that have been
provided in past years. However, the bill continues funding for
the program at the current year level of $100 million. The
Election Assistance Program is waiting for the States to claim
the 2008 and 2009 grant funds. Of the $115 million provided in
fiscal year 2008, only $25 million has been claimed by the
States. Of the fiscal year 2009 funds--$100 million--only $3
million has been paid to TWO states. Unfortunately, a
Republican amendment to reduce funding for this program failed
on a partisan vote in Committee. We will never achieve fiscal
sustainability if we continue funding programs above their true
resource requirements.
GENERAL SERVICES ADMINISTRATION
Regarding General Services Administration (GSA), we
appreciate that language is included directing a review of the
GSA supply schedule. The Department of Homeland Security has
identified $42 million of savings over 5 years by no longer
using GSA to purchase office supplies. We want to try to
improve the GSA supply procurement process so that this savings
can be replicated throughout government.
We are also supportive of the GSA construction and
alteration projects funded in the bill. We don't usually have
positive things to say about GSA construction and alterations
accounts, but the Subcommittee Chairman has done an outstanding
job in crafting a bill that funds justifiable projects. The
bill has eliminated construction funding requested for
courthouses that were not a priority of the United States
Judicial Conference and has reduced the excessive request for
alterations of the Executive Office of the President campus.
OFFICE OF NATIONAL DRUG CONTROL POLICY
We continue to be concerned with drug trafficking and abuse
throughout the country, especially given the increased violence
associated with feuding Mexican drug cartels and the increased
availability of methamphetamine. We support the $8 million
increase to the Drug Free Communities program and the $14
million increase for the High Intensity Drug Trafficking Areas
program. We appreciate that the bill provides increases for
these proven programs while reducing funding for the media
campaign which has produced limited results at best.
OPPORTUNITY SCHOLARSHIPS
Unfortunately, the Obama Administration's request and this
bill include language to slowly phase out the District of
Columbia (DC) Opportunity Scholarship Program (OSP) and reduce
academic choice for low-income DC residents. Specifically, the
bill only allows students currently participating in the
program to continue to receive a scholarship. How does a parent
explain how one child is able to go to the school of their
choice while their other children must go to a failing public
school, especially when we know the DC public schools are still
struggling to reform?
In May, Chancellor Rhee stated ``The reality in Washington,
D.C., is that we continue to fail the majority of kids who are
put in our care everyday.'' According to the Washington Post,
90 of the 123 public schools in the District are under some
form of Federal notice to improve under the No Child Left
Behind Law and less than 50 percent of DC high school students
graduate in 4 years. More than 7,400 DC residents signed a
petition asking for the Opportunity Scholarship program to be
reauthorized. At the Financial Services and General Government
Subcommittee hearing on DC, the Mayor and the Council Chairman
both stated they would consider adding siblings to the program.
Unfortunately, despite the facts that DC public schools are
underperforming and DC residents support the program,
Republican amendments in Committee to expand the number of low-
income students eligible to participate in the program were
defeated.
DISTRICT OF COLUMBIA RIDERS
Another area of the bill that deeply concerns us is
controversial changes to long-standing general provisions
regarding the District of Columbia. We strongly oppose these
changes. We do not believe increasing the availability of
abortions or medical marijuana will improve the District of
Columbia.
REGULAR ORDER
While we have been pleased to have a wonderful working
relationship this year with Chairman Serrano, we are
disappointed that the bipartisanship at the Subcommittee level
is not continuing through the rest of the appropriations
process.
We recognize that operating under an open rule during floor
consideration of appropriations bills is grueling, long, and
hard work. But that is democracy. That is regular order. And,
we urge our colleagues to support a return to a process where
every Member has an opportunity to have their voice heard.
This year the Financial Services and General Government
appropriations bill is very controversial. Not only does the
proposed bill spend more than $24 billion but it proposes to
change long-standing policies on issues such as abortion and
medical marijuana. It is the responsibility of this Committee
and this Congress to allow each Member of the House of
Representatives to improve or alter the bill in a way that
allows them to explain their vote at home. We urge our
colleagues in the Majority to return to regular order during
floor consideration.
Jerry Lewis.
Jo Ann Emerson.