[House Report 112-550]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-550
======================================================================
FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS BILL, 2013
_______
June 26, 2012.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mrs. Emerson, from the Committee on Appropriations, submitted the
following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 6020]
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, 2013.
INDEX TO BILL AND REPORT
_______________________________________________________________________
Page number
Bill Report
Title I--Department of the Treasury........................ 2
5
Title II--Executive Office of the President and Funds
Appropriated to the President.......................... 20
21
Title III--The Judiciary................................... 36
31
Title IV--District of Columbia............................. 48
37
Title V--Independent Agencies.............................. 58
43
Bureau of Consumer Financial Protection............ 58
43
Consumer Product Safety Commission................. 59
43
Election Assistance Commission..................... 60
44
Federal Communications Commission.................. 61
45
Federal Deposit Insurance Corporation.............. 62
48
Federal Election Commission........................ 62
48
Federal Labor Relations Authority.................. 62
49
Federal Trade Commission........................... 63
49
General Services Administration.................... 65
51
Harry S Truman Scholarship Foundation.............. 80
63
Merit Systems Protection Board..................... 81
64
Morris K. Udall and Stewart L. Udall Foundation.... 81
64
National Archives and Records Administration....... 82
65
National Credit Union Administration............... 83
67
Office of Government Ethics........................ 84
67
Office of Personnel Management..................... 84
68
Office of Special Counsel.......................... 87
70
Postal Regulatory Commission....................... 87
71
Recovery Accountability and Transparency Board..... 88
71
Securities and Exchange Commission................. 88
72
Selective Service System........................... 90
75
Small Business Administration...................... 90
75
United States Postal Service....................... 95
79
United States Tax Court............................ 96
80
Title VI--General Provisions--This Act..................... 96
81
Title VII--General Provisions--Government-wide:
Departments, Agencies, and Corporations................ 115
84
Title VIII--General Provisions--District of Columbia....... 142
87
Title IX--Additional General Provisions--Spending Reduction
Account................................................ 149
88
House of Representatives Reporting Requirements............
88
Minority Views.............................................
140
Highlights of the Bill
The Financial Services and General Government Subcommittee
has jurisdiction over a diverse group of agencies responsible
for regulating the financial and telecommunications industries;
collecting taxes and providing taxpayer assistance; supporting
the operations of the White House, the Federal Judiciary, and
the District of Columbia; managing Federal buildings; and
overseeing the Federal workforce. The activities of these
agencies impact nearly every American and are integral to the
operations of our government.
However, with the Federal debt nearing $16 trillion, the
Subcommittee is committed to reducing the cost and size of
government. The bill provides a total of $21,150,000,000 in
discretionary budget authority which is 1.7 percent less than
fiscal year 2012 and 12.6 percent less than fiscal year 2010.
The discretionary budget authority provided is $2,041,000,000
less than the President's request.
TOTAL BUDGET AUTHORITY
------------------------------------------------------------------------
FY 2012 FY 2013 FY 2013
($ in millions) Enacted Request Recommendation
------------------------------------------------------------------------
Discretionary................. 21,526 23,191 21,150
Mandatory..................... 21,460 21,240 21,240
------------------------------------------------------------------------
The funding priorities in the bill include the Small
Business Administration's (SBA) business and disaster loan
programs, drug task forces, public safety and education in the
District of Columbia, and Treasury's antiterrorism and
financial intelligence activities.
In order to assist small business, the bill provides an
increase of $191,368,000 for SBA's business loan program over
fiscal year 2012. In addition, the bill requires the Office of
Management and Budget and certain regulatory agencies to report
to the Committee on their efforts to eliminate duplicative,
outdated and burdensome regulations.
For the Office of National Drug Control Policy, the bill
provides $238,522,000 for High Intensity Drug Trafficking Areas
which is $38,522,000 more than the request. In addition, the
bill provides $92,000,000 for the Drug-Free Communities program
which is an increase of $3,400,000 above the request.
For the District of Columbia, the bill fully funds the
request for emergency planning and security which includes
security funding for the Presidential inauguration. In
addition, the bill supports the operations of DC Superior Court
and the Court Services and Offender Supervision Agency. The
bill continues the Committee's commitment to education in the
City by providing $60,000,000 for school improvement, as
authorized by the Scholarships for Opportunity and Results Act,
and $30,000,000 for resident tuition support.
For Treasury's Office of Terrorism and Financial
Intelligence, the bill provides $102,117,000 to combat drug
lords, terrorists, weapons of mass destruction proliferators,
rogue nations and other threats. This amount is $2,117,000
above the request. Recognizing the importance of these
activities, funding for this office is provided in a separate
appropriation from other Treasury offices.
In order to pay for these priorities while reducing overall
spending, the Committee has reduced the operating expenses for
several Department of Treasury offices and bureaus, all of the
salaries and expenses accounts within the Executive Office of
the President, the Judiciary, the United States Sentencing
Commission, the Election Assistance Commission, the Federal
Trade Commission, the General Services Administration, the
Merit Systems Protection Board, the National Archives and
Records Administration, the Office of Personnel Management, the
Postal Regulatory Commission and the Selective Service System.
In addition, the bill terminates several programs such as
the Administrative Conference of the United States, the
Christopher Columbus Fellowship Foundation, a Federal payment
for the District of Columbia Water and Sewer Authority and the
Public Company and Accounting Oversight Board's scholarship
program.
The bill does not provide the nearly one billion dollars of
requested increases for the Internal Revenue Service (IRS). In
addition, the bill prohibits the IRS from receiving transfers
from the Department of Health and Human Services to implement
the Patient Protection and Affordable Care Act.
The bill also provides for increased transparency and
Congressional oversight of mandatory spending that is outside
of the appropriations process for activities such as the Office
of Financial Stability, the Office of Financial Research, the
Bureau of Consumer Financial Protection, and the Judgment Fund.
These reforms will allow Congress and the American people to
better understand the activities of these organizations which
currently have significant authority to spend taxpayer funds
without Congressional oversight.
General Services Administration
In order to prevent the disturbing and illegal activities
that culminated in the General Services Administration's (GSA)
Public Buildings Service 2010 Western Regional Conference, the
bill:
Prohibits GSA from spending $1.8 billion of funds
estimated to be collected in the Federal Buildings Fund.
Reduces estimated obligations in the Federal
Buildings Fund by $101 million compared to fiscal year 2012 and
$702 million compared to the request.
Restructures GSA appropriation accounts to
separate the cost of administrative expenses from program
activities.
Reduces obligations in the Federal Buildings Fund
for administrative expenses by 15 percent compared to fiscal
year 2012.
Requires GSA to provide quarterly spending
reports.
Caps the total square footage in the GSA inventory
and the number of FTE funded in the Federal Buildings Fund.
Limits awards that can be provided to GSA
employees.
Requires the GSA Administrator to certify that
spending on a conference complies with all travel and
conference laws and regulations.
Includes a bill-wide prohibition on travel,
conferences and employee awards that are not in compliance with
laws and regulations.
Requires agency Inspectors General to report
whether agencies funded in the bill have appropriate procedures
in place to ensure compliance with laws and regulations on
travel, conferences and awards.
Requires the Office of Management and Budget (OMB)
to submit a report to the Committee on how they will ensure
that all Executive Branch agencies are complying with laws and
regulations on travel, conferences and employee awards.
Increases funding for the GSA Inspector General by
$10,000,000 above fiscal year 2012.
Operating Plan and Reprogramming Procedures
The Committee will continue to evaluate reprogrammings
proposed by agencies. Although reprogrammings may not change
either the total amount available in an account or any of the
purposes for which the appropriation is legally available, they
represent a significant departure from budget plans presented
to the Committee in an agency's budget justification and
supporting documents, which are the basis of this
appropriations Act. The Committee expects agencies'
reprogramming requests to explain thoroughly the reasons for
the reprogramming and to include an assessment of whether the
reprogramming will affect budget requirements for the
subsequent fiscal year.
Section 608 of this Act requires agencies or entities
funded by the Act to notify the Committee and obtain prior
approval from the Committee for any reprogramming of funds
that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds or personnel for any
program, project, or activity for which funds have been denied
or restricted by the Congress; (4) proposes to use funds
directed for a specific activity by either the House or Senate
Committees on Appropriations for a different purpose; (5)
augments existing programs, projects, or activities in excess
of $5,000,000 or 10 percent, whichever is less; (6) reduces
existing programs, projects, or activities by $5,000,000 or 10
percent, whichever is less; or (7) creates or reorganizes
offices, programs, or activities.
Additionally, the Committee expects to be promptly notified
of all reprogramming actions which involve less than the above-
mentioned amounts if such actions would have the effect of
significantly changing an agency's funding requirements in
future years, or if programs or projects specifically cited in
the Committee's reports are affected by the reprogramming.
Reprogrammings meeting these criteria must be approved by the
Committee regardless of the amount proposed to be reallocated.
Section 608 also requires agencies to consult with the
Committees on Appropriations prior to any significant
reorganization or restructuring of offices, programs, or
activities. This provision applies regardless of whether the
reorganization or restructuring involves a reprogramming of
funds. Agencies are encouraged to consult with the Committees
early in the process so that any questions or concerns the
Committees may have can be addressed in a timely manner.
Agencies are directed under section 608 to submit operating
plans for the Committee's review within 60 days of the bill's
enactment. Each operating plan should include: (1) a table for
each appropriation with a separate column to display the
President's budget request, adjustments made by Congress,
adjustments due to enacted rescissions, if appropriate, and the
fiscal year enacted level; (2) a delineation in the table for
each appropriation both by object class and program, project,
and activity as detailed in the budget appendix for the
respective appropriation; and (3) an identification of items of
special congressional interest.
TITLE I--DEPARTMENT OF THE TREASURY
Departmental Offices
SALARIES AND EXPENSES
Appropriation, fiscal year 2012...................... $308,388,000
Budget request, fiscal year 2013..................... 301,216,000
Recommended in the bill.............................. 202,555,000
Bill compared with:
Appropriation, fiscal year 2012.................. -105,833,000
Budget request, fiscal year 2013................. -98,661,000
The Departmental Offices' function in the Treasury
Department is to support the Secretary of the Treasury in his
capacity as the chief operating executive of the Department and
in his role in determining the tax, economic, and financial
management policies of the Federal government. The Secretary's
responsibilities funded by the Salaries and Expenses
appropriation include: recommending and implementing domestic
and international economic and tax policy; providing
recommendations regarding fiscal policy; governing the fiscal
operations of the government; managing the public debt;
managing development of financial policy; representing the U.S.
on international monetary, trade and investment issues;
overseeing Treasury Department overseas operations; directing
the administrative operations of the Treasury Department; and
providing executive oversight of the bureaus within the
Treasury Department.
COMMITTEE RECOMMENDATION
The Committee recommends $202,555,000 for Departmental
Offices, Salaries and Expenses, which is $105,833,000 less than
fiscal year 2012 and $98,661,000 less than the request. The
recommendation fully funds the Secretary's security and travel
costs.
Beginning fiscal year 2013, the Committee provides the
Office of Terrorism and Financial Intelligence (TFI) with an
appropriation separate from the ``Departmental Offices,
Salaries and Expenses'' account.
Operating Plan.--The Committee requires an operating plan
for the fiscal year 2013 resources provided to the Department,
including all offices and bureaus, no later than 60 days after
enactment of this Act. The plan must include information on
program changes and major procurements at the Department.
Judgment Fund.--The Committee appreciates the Department's
on-going effort to prepare and make available on its public
website the first annual report about payments made under 31
U.S.C. 1304 as required by the statement of managers
accompanying P.L. 112-74. The Committee expects the first
annual report to cover payments made during 2011. The Committee
further expects the second annual report to cover payments made
during 2012 and directs the Department to also report about all
judgment fund payments since 2008 unless the disclosure of such
information is otherwise prohibited by law or court order. The
report shall consist of: (1) the name of the plaintiff or
claimant, (2) the name of the counsel for the plaintiff or
claimant; (3) the name of the agency that submitted the claim;
(4) a brief description of the facts that gave rise to the
claim; and (5) the amount paid representing principal, attorney
fees, and interest, if applicable. The report regarding all
judgment fund payments since 2008 is due within 60 days of
enactment of this Act.
Detailees.--The Committee has observed the Department's use
of both reimbursable and non-reimbursable detailees. A detail
is a temporary assignment of an employee to another position,
within or outside the Department, for a specified time period.
At the end of the assignment, the employee is expected to
return to his or her official position. During the detail, the
employee's salary and benefits are paid by either their
official employer (non-reimbursable) or by their temporary
employer (reimbursable).
The Committee reminds the Department that agencies may not
use non-reimbursable detailees to augment its appropriations
and that appropriated funds may only be used for the purpose
for which they were appropriated. The Committee further reminds
the Department that it is inappropriate to use reimbursable
detailees to avoid Congressional controls and limitations, such
as section 608, especially with regards to creating,
reorganizing, or moving offices or programs.
Manufacturing.--The Committee directs the Department to
submit a list of the products that it purchases, but that are
not manufactured in the United States to the President's
Manufacturing Council, the Manufacturing Extension Partnership
Administrator, and the Committee not later than 180 days after
enactment of this Act.
Federal Insurance Office.--The Committee supports the work
of the Federal Insurance Office (FIO), which includes, among
other things, monitoring all aspects of the insurance industry,
administering the Terrorism Insurance program, representing the
United States at global forums such as the International
Association of Insurance Supervisors, and consulting with
States about insurance matters of national importance and
prudential insurance matters of international importance. In
order for the FIO to accomplish its mission effectively, the
Committee expects the Department to provide the FIO with
sufficient staffing and resources.
Volcker Rule.--In the Dodd-Frank Wall Street Reform and
Consumer Protection Act, subsequent to a study issued by the
Financial Stability Oversight Council (FSOC), Congress directed
the FSOC to coordinate the efforts of the appropriate Federal
banking regulators to promulgate regulations that appropriately
accommodate the business of insurance, known as the ``Volcker
Rule''. The Committee believes that the traditional investment
activities of State-regulated insurance companies for their
general accounts, including investing in both sponsored and
third-party funds, are preserved by the law without constraint.
The Committee looks forward to reviewing the revised
regulations to ensure that Congressional intent is fulfilled.
Financial Literacy.--The Committee shares the Government
Accountability Office's conclusion that multiple Federal agency
involvement in financial literacy offers advantages and
presents risks. Specialization can serve specific populations
with specific issues, but large amounts of ineffective activity
by multiple agencies are careless expenditures. The Committee
directs the Financial Literacy and Education Commission,
chaired by the Secretary of the Treasury, to continue to
streamline and improve financial education and literacy
programs. In the process, the Commission should take special
care that the financial literacy activities of the Bureau of
Consumer Financial Protection are transferred successfully from
certain agencies, such as the Federal Trade Commission, but are
not duplicative of other agencies, such as the Department of
Labor and the Social Security Administration. In addition, the
Committee expects the Commission's research to identify
effective approaches that result in proven training, curriculum
and teaching modules for teachers throughout the country.
Economic Warfare and Financial Terrorism.--The Committee
appreciates the effort that the Department is putting into the
report on economic warfare and financial terrorism as required
by the 2012 conference report. The Committee directs the
Department to provide an update to the report not later than
May 24, 2013, to the House and Senate Appropriations
Committees, the House Financial Services Committee, the Senate
Banking Committee and other Committees the Department deems
necessary.
Additional Child Tax Credit.--The Committee directs the
Treasury Office of Tax Policy and Internal Revenue Service
(IRS) to provide not later than 30 days after enactment of this
Act a detailed analysis of whether the IRS has the authority to
require individuals filing tax returns with an individual
taxpayer identification number (ITIN) and claiming the
Additional Child Tax Credit (ACTC) to provide specific,
verifiable documentation to support that the child claimed
meets the eligibility requirements for the credit, including
residency and whether or not the ACTC may be paid to those who
are not authorized to work in the United States, under current
law.
OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE
SALARIES AND EXPENSES
Appropriation, fiscal year 2012*...................... $- - -
Budget request, fiscal year 2013*..................... - - -
Recommended in the bill............................... 102,117,000
Bill compared with:
Appropriation, fiscal year 2012................... +102,117,000
Budget request, fiscal year 2013.................. +102,117,000
*Funding for the Office of Terrorism and Financial Intelligence was
previously provided and requested within the Departmental Office
heading.
Economic and trade sanctions issued and enforced by Office
of Terrorism and Financial Intelligence's (TFI) Office of
Foreign Assets Control protect the financial system from being
polluted with criminal and illicit activities and counteract
national security threats from drug lords, terrorists, weapons
of mass destruction proliferators, and rogue nations, among
others. In addition to the enforcement of sanctions, TFI also
produces vital analysis with regards to foreign intelligence
and counterintelligence across all elements of the national
security community.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $102,117,000
for the Office of Terrorism and Financial Intelligence to carry
out TFI's central role in detecting and defeating security
threats and separates its appropriation from the ``Departmental
Offices'' account, where it was previously funded. The
recommended level is $2,117,000 above the amount provided for
these activities within ``Departmental Offices, Salaries and
Expenses'' in fiscal year 2012 and the request. The recommended
level includes support for the Treasury Attache Program.
The Committee provides resources to the Department's Office
of Terrorism and Financial Intelligence and the Financial
Crimes Enforcement Network (FinCEN) to collect and analyze
financial records in order to support the investigations of the
U.S. intelligence and law enforcement communities. Ending the
atrocities in Sudan should be a high priority for the
Department. The Committee recommends that the Department and
all parts of the U.S. Government, including the intelligence
community, work closely together to deprive the Government of
Sudan of the resources to repress the people of Sudan and South
Sudan. Sharing relevant intelligence and analysis will help
ensure that Sudan does not evade sanctions. Finally, the
Committee recommends that the Department of the Treasury seek
to strengthen the multilateral approach to enforcing and
strengthening sanctions against Sudan internationally.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
Appropriation, fiscal year 2012....................... $29,641,000
Budget request, fiscal year 2013...................... 28,593,000
Recommended in the bill............................... 28,512,000
Bill compared with:
Appropriation, fiscal year 2012................... -1,129,000
Budget request, fiscal year 2013.................. -81,000
The Office of Inspector General (OIG) provides agency-wide
audit and investigative functions to identify and correct
operational and administrative deficiencies that create
conditions for fraud, waste, and mismanagement. The audit
function provides contract, program, and financial statement
audit services. Contract audits provide professional advice to
agency contracting officials on accounting and financial
matters relative to negotiation, award, administration,
repricing, and settlement of contracts. Program audits review
and evaluate all facets of agency operations. Financial
statement audits assess whether financial statements fairly
present the agency's financial condition and results of
operations, the adequacy of accounting controls, and compliance
with laws and regulations. The investigative function provides
for the detection and investigation of improper and illegal
activities involving programs, personnel, and operations.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $28,512,000
for the OIG, which is $1,129,000 less than fiscal year 2012 and
$81,000 less than the request.
The Committee appreciates the work that the OIG has planned
with regard to the Department's capital planning and investment
control program, especially with regards to the Financial
Crimes Enforcement Network's BSA Modernization and Department's
Enterprise Content Management system. The Committee expects the
OIG to review and report on the proposed consolidation of the
Financial Management Service and the Bureau of the Public Debt
when the Department has a detailed merger plan explaining, for
example, how current responsibilities will be divided or
shared, how customers will be affected, and how the management
structure and staffing needs will change.
Separation of Funds and Activities.--The Committee directs
the OIG to report not later than 90 days after enactment of
this Act on the separation of funds and activities between
mandatory-funded offices, such as the Office of Financial
Research or the Office of Financial Stability, and
discretionary-funded offices that carry out related or
overlapping work, such as the Office of Domestic Finance or
Office of Economic Policy.
TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION
SALARIES AND EXPENSES
Appropriation, fiscal year 2012....................... $151,696,000
Budget request, fiscal year 2013...................... 153,834,000
Recommended in the bill............................... 153,404,000
Bill compared with:
Appropriation, fiscal year 2012................... +1,708,000
Budget request, fiscal year 2013.................. -430,000
The Office of Treasury Inspector General for Tax
Administration (TIGTA) conducts audits, investigations, and
evaluations to assess the operations and programs of the IRS
and its related entities, the IRS Oversight Board, and the
Office of Chief Counsel. The purpose of those audits and
investigations is as follows: (1) to promote the economic,
efficient, and effective administration of the Nation's tax
laws and to detect and deter fraud and abuse in IRS programs
and operations; and (2) to recommend actions to resolve fraud
and other serious problems, abuses, and deficiencies in these
programs and operations.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $153,404,000
for the TIGTA, which is $1,708,000 more than fiscal year 2012
and $430,000 less than the request.
The Committee appreciates the many issues that TIGTA has
brought to its attention. The Committee supports TIGTA's on-
going work related to identity theft and commitment to monitor
the issue until IRS significantly reduces the incidence of tax
fraud through identity theft and significantly improves the
quality of assistance it provides to victims of identity theft.
Return-On-Investment.--The IRS reports every year on its
enforcement revenue, which is defined as every dollar of
revenue collected that is associated with an enforcement
action. Enforcement actions range from mailing a form letter
that notifies a taxpayer of an overdue payment to a multi-year
litigation against an international corporation. Consequently,
it is impossible to determine whether the enforcement revenue
in a specific year is due to action that occurred in the same
year as when the enforcement revenue was collected or due to
action initiated ten years ago, much less attribute the
enforcement revenue to a specific enforcement initiative.
The Committee directs TIGTA to report the extent to which
revenue estimated to be collected from enforcement initiatives
is actually collected not later than 90 days after enactment of
this Act. Every year the IRS proposes enforcement initiatives
and estimates the revenue to be collected from those specific
initiatives. IRS divides the total estimated revenue by the
total cost of initiatives to calculate a ratio, or return-on-
investment (ROI), to justify the cost of the initiatives. The
ROI varies from year to year, depending on the mix of
initiatives. For example, the ROI in the 2008 congressional
justification was 2.5, in 2009 it was 6.5, in 2010 it was 7.8,
in 2011 it was 9.3, in 2012 it was 4.5, and in 2013 it is 4.9.
The IRS has a mature methodology for estimating the revenue,
but what is less well understood is whether the specific
initiatives proposed in a specific budget perform as estimated.
SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF PROGRAM
SALARIES AND EXPENSES
Appropriation, fiscal year 2012....................... $41,800,000
Budget request, fiscal year 2013...................... 40,225,000
Recommended in the bill............................... 35,000,000
Bill compared with:
Appropriation, fiscal year 2012................... -6,800,000
Budget request, fiscal year 2013.................. -5,225,000
The Office of the Special Inspector General for the
Troubled Asset Relief Program (SIGTARP) was established in the
Emergency Economic Stabilization Act of 2008 (Public Law 110-
343). Its mission is to conduct, supervise, and coordinate
audits and investigations of the purchase, management, and sale
of assets by the Secretary of the Treasury under programs
established pursuant to the Troubled Asset Relief Program
(TARP).
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $35,000,000
for operating expenses of the SIGTARP, which is $6,800,000 less
than fiscal year 2012 and $5,225,000 less than the request.
SIGTARP's operating expenses were initially funded with
mandatory appropriations in the TARP. These funds, however,
were provided in a limited amount. As such, every year the
amount of remaining mandatory funds has been decreasing over
time. Therefore, in order to continue vigorous oversight of the
outstanding TARP amounts, additional discretionary
appropriations are provided. As TARP winds down, the Committee
expects the request for discretionary appropriations in this
account to also wind down in future years.
Financial Crimes Enforcement Network
SALARIES AND EXPENSES
Appropriation, fiscal year 2012....................... $110,788,000
Budget request, fiscal year 2013...................... 102,407,000
Recommended in the bill............................... 110,788,000
Bill compared with:
Appropriation, fiscal year 2012................... - - -
Budget request, fiscal year 2013.................. +8,381,000
The Financial Crimes Enforcement Network (FinCEN) is
responsible for implementing Treasury's anti-money laundering
regulations through administration of the Bank Secrecy Act
(BSA). It also collects and analyzes information to assist in
the investigation of money laundering and other financial
crimes. FinCEN supports law enforcement investigative efforts
by Federal, State, local and international agencies, and
fosters interagency and global cooperation against domestic and
international financial crimes.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $110,788,000
for FinCEN, which is the same as fiscal year 2012 and
$8,381,000 more than the request. The recommended amount is
intended to continue FinCEN's multi-year effort to modernize
its information technology systems, to ensure FinCEN's
information is accessible to the law enforcement and
intelligence communities, and to ensure FinCEN can respond to
increased requests for assistance from law enforcement when BSA
modernization is operational in 2013. The data compiled and
analyzed by FinCEN is a critical tool for investigating, among
other crimes, money laundering, mortgage fraud, drug cartels,
and terrorist financing. The Committee rejects the
Administration's proposed $1,651,000 reduction to State and
local and intelligence community access to BSA information. The
proposed cuts are contrary to the Inspector General's (IG)
annual management challenge memo to the Secretary, in which the
IG states that ``to be effective, Treasury must establish and
maintain working relationships with all State and Federal
agencies involved with its anti-money laundering and terrorist
financing efforts.''
Human Trafficking.--The Committee appreciates FinCEN's
history of supporting law enforcement cases that combat human
trafficking, and emphasizes the importance of continuing this
effort as part of the bureau's broader mission to detect and
disrupt all forms of financial crime. Wherever possible, the
bureau shall marshal its unique expertise in analyzing
financial flows for this important effort in the course of
ongoing strategic operations, such as the Southwest Border
Initiative.
BSA Modernization.--The Committee is pleased with the
progress that FinCEN is making on BSA modernization, notably
the successful migration of historical data from the legacy
system. Nonetheless, the Committee expects the Department, the
Office of Inspector General, and the Office of Management and
Budget to continue to vigorously oversee the information
technology modernization effort to ensure its success.
Treasury Forfeiture Fund
(RESCISSION)
Appropriation, fiscal year 2012....................... -$950,000,000
Budget request, fiscal year 2013...................... -830,000,000
Recommended in the bill............................... -830,000,000
Bill compared with:
Appropriation, fiscal year 2012................... +120,000,000
Budget request, fiscal year 2013.................. - - -
The Committee recommends a rescission of $830,000,000 of
unobligated balances in the Treasury Forfeiture Fund, which is
$120,000,000 less than fiscal year 2012 and the same as the
request. Of the funds rescinded, $38,000,000 are rescinded
permanently.
The funds collected, disbursed and rescinded out of the
Treasury Forfeiture Fund (the Fund) are incidental to law
enforcement activities and priorities that led to the seizures
and forfeitures. Disrupting and dismantling criminal
organizations that pose the greatest threat to public safety
and security is the highest priority of any law enforcement
agency. The Fund can ensure resources are managed efficiently
to cover the costs of an effective asset seizure and forfeiture
program, including the costs of seizing, evaluating,
inventorying, maintaining, protecting, advertising, forfeiting
and disposing of property, but it must not be used to augment
agency funding or to circumvent the appropriations process.
Reliance on the Fund to offset the day-to-day operations, or to
pay for new activities, creates an incentive to pursue cases
suspected of high valued forfeitures rather than to target
individuals or organizations that perpetrate the worst crimes
against society.
In addition to the Department of the Treasury, the
Department of Homeland Security is the other primary
participant in the Fund since it does not have the authority or
expertise to operate its own forfeiture fund. In fiscal year
2011, Department of Homeland Security activities resulted in
approximately 32 percent of the collections to the Fund and
accounted for approximately 54 percent of the costs incurred by
the Fund. In recent years, the available balances in the Fund
have increased as the Federal government has taken enforcement
actions against large banks, increasing the surplus funding
available. This surplus funding can either be used to fund law
enforcement expenses to enhance forfeiture capabilities, be
held in reserve or be rescinded. In considering the allocation
or rescission of surplus resources in the Fund, the Committee
directs the Administration not to use a formulaic approach
where agencies that conduct seizures automatically get to spend
or rescind surplus balances. The resources in the Fund should
not be considered a ``bounty'' for the collecting agencies.
Future proposed rescissions and super surplus spending requests
should be based on programmatic need and funding priorities,
not a predetermined formula. Using a formulaic approach, such
as distributing super surplus funds and rescissions in
proportion to an agency's collections, would distort the role
of the Fund.
The Committee directs the Department to submit a detailed
table every month reporting the interest earned, forfeiture
revenue collected, unobligated balances, recoveries, expenses
to date, and expenses estimated for the remainder of the fiscal
year.
Financial Management Service
SALARIES AND EXPENSES
Appropriation, fiscal year 2012....................... $217,805,000
Budget request, fiscal year 2013*..................... [210,429,000]
Recommended in the bill............................... 208,229,000
Bill compared with:
Appropriation, fiscal year 2012................... -9,576,000
Budget request, fiscal year 2013.................. [-2,200,000]
*The budget request proposes merging the Financial Management Service
(FMS) and Bureau of the Public Debt (BPD) into a new account titled
the ``Fiscal Service''. This amount represents funding for FMS in the
request.
The Financial Management Service (FMS) is the Federal
government's central financial agent, collecting all Federal
revenue and disbursing all Federal payments. FMS also develops
and implements reliable and efficient financial methods and
systems to operate the government's cash management, credit
management, and debt collection programs in order to maintain
government accounts and report on the status of the
government's finances. In addition, the FMS is the primary
agency for collecting Federal non-tax debt owed to the
government.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $208,229,000
for the FMS, which is $9,576,000 less than fiscal year 2012 and
$2,200,000 less than the request. Of the funds provided,
$4,210,000 is available until September 30, 2015, for
information systems modernization, and $2,500 for official
reception and representation expenses.
The Committee appreciates the savings which FMS has already
achieved through the sharing of certain services with the
Bureau of the Public Debt (BPD). For fiscal year 2013, the
budget request proposes to consolidate the FMS and BPD into one
appropriation called the Fiscal Service. While the Committee
appreciates the future savings projected to be achieved through
this consolidation, the details of this merger are yet to be
seen. The Committee will continue to monitor consolidation
plans as they evolve and may support consolidation if
additional information justifying the change is provided. The
Committee has asked the Treasury Inspector General to look at
the consolidation plans and report to the Committee as to their
feasibility
Alcohol and Tobacco Tax and Trade Bureau
SALARIES AND EXPENSES
Appropriation, fiscal year 2012....................... $99,878,000
Budget request, fiscal year 2013...................... 96,786,000
Recommended in the bill............................... 95,000,000
Bill compared with:
Appropriation, fiscal year 2012................... -4,878,000
Budget request, fiscal year 2013.................. -1,786,000
The Alcohol and Tobacco Tax and Trade Bureau (TTB) is
responsible for the enforcement of laws designed to eliminate
certain illicit activities and to regulate lawful activities
relating to distilled spirits, beer, wine and nonbeverage
alcohol products, and tobacco. TTB focuses on collecting
revenue; reducing taxpayer burden and improving service while
preventing diversion; and protecting the public and preventing
consumer deception in certain regulated commodities.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $95,000,000
for the TTB, which is $4,878,000 less than fiscal year 2012 and
$1,786,000 less than the request. As requested, no funds are
provided for the cost of special law enforcement agents.
United States Mint
UNITED STATES MINT PUBLIC ENTERPRISE FUND
The United States Mint manufactures coins, receives
deposits of gold and silver bullion, and safeguards the Federal
Government's holdings of monetary metals. In 1997, Congress
established the United States Mint Public Enterprise Fund
(Public Law 104-52), which authorized the Mint to use proceeds
from the sale of coins to finance the costs of its operations
and consolidated all existing Mint accounts into a single fund.
Public Law 104-52 also provided that, in certain situations,
the levels of capital investments for circulating coins and
protective services shall factor into the decisions of the
Congress.
COMMITTEE RECOMMENDATION
The Committee recommends a spending level for capital
investments by the Mint for circulating coinage and protective
services of $19,000,000, which is $1,000,000 less than fiscal
year 2012 and the same as the request.
Bureau of the Public Debt
ADMINISTERING THE PUBLIC DEBT
Appropriation, fiscal year 2012....................... $173,635,000
Budget request, fiscal year 2013*..................... [150,102,000]
Recommended in the bill............................... 147,943,000
Bill compared with:
Appropriation, fiscal year 2012................... -25,692,000
Budget request, fiscal year 2013.................. [-2,159,000]
*The budget request proposes merging the Financial Management Service
(FMS) and Bureau of the Public Debt (BPD) into a new account titled
the ``Fiscal Service''. This amount represents funding for BPD in the
request.
The Bureau of the Public Debt (BPD) is responsible for the
conduct of all public debt operations and the promotion of the
sale of U.S. securities.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $147,943,000
for Administering the Public Debt. Language is included that
reduces the total amount by no more than $1,000,000 as
definitive security issue fees and Treasury Direct Investor
Account Maintenance fees are collected, so as to result in a
final fiscal year 2013 appropriation of $146,943,000. Of this
amount, the Committee recommends $2,500 for official reception
and representation expenses. The recommended amount is
$25,692,000 less than fiscal year 2012 and $2,159,000 less than
the request.
The Committee notes the proposed merger of BPD and the FMS
into one appropriation called the Fiscal Service. The
Committee's concerns regarding this merger are explained under
the FMS heading.
Community Development Financial Institutions Fund Program Account
Appropriation fiscal year 2012........................ $221,000,000
Budget request, fiscal year 2013...................... 221,000,000
Recommended in the bill............................... 221,000,000
Bill compared with:
Appropriation, fiscal year 2012................... - - -
Budget request, fiscal year 2013.................. - - -
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 mortgages, small business
and economic development lending in underserved and distressed
neighborhoods and to support the availability of financial
services in these neighborhoods. The CDFI Fund is also
responsible for implementation of the New Markets Tax Credits.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $221,000,000
for the CDFI Fund program, which is the same as fiscal year
2012 and the request. Of the amounts provided, $12,000,000 is
for Native Initiatives and $20,465,000 is for the
administrative expenses for all programs. No funds are
designated for the Bank on USA, Healthy Food Financing
Initiative, or Bond Guarantee programs.
Territories and Rural Communities.--The Committee notes the
lack of CDFIs serving the territories and rural communities.
The goals of the CDFI programs apply equally to distressed
communities located both near and far from financial centers.
The CDFI Fund, however, establishes goals based on the
composition of financial institutions that apply for grants and
loans in a given year, rather than the needs of the communities
in distress. Consequently, some communities in distress may
never expect support from the CDFI Fund because no certified
financial institution serves that community.
The Committee directs the CDFI Fund to address the
persistent lack of support for the territories and rural areas
by requiring that not less 20 percent of the assistance
provided by CDFI are for financial institutions that serve
persistent poverty counties, which are defined as counties
where 20 percent of the population lived in poverty over the
past 30 years, as measured by the 1990, 2000, and 2010
decennial censuses. The Committee further directs the CDFI to
submit a report on its effort to explain the certification
process to financial institutions located in the territories
and rural communities and to highlight the unmet capital and
financial services needs of the territories and rural
communities to existing certified financial institutions no
later than 60 days after enactment of this Act.
Internal Revenue Service
TAXPAYER SERVICES
Appropriations, fiscal year 2012...................... $2,239,703,000
Budget request, fiscal year 2013...................... 2,253,133,000
Recommended in the bill............................... 2,239,703,000
Bill compared with:
Appropriation, fiscal year 2012................... - - -
Budget request, fiscal year 2013.................. -13,430,000
The Taxpayer Services appropriation provides for taxpayer
services, including forms and publications; processing tax
returns and related documents; filing and account services;
taxpayer advocacy services; and assisting taxpayers to
understand their tax obligations, correctly file their returns,
and pay taxes due in a timely manner.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $2,239,703,000
for Taxpayer Services, which is the same as fiscal year 2012
and $13,430,000 less than the request. The Committee provides
the same level of funding for taxpayer services grant programs
as in fiscal year 2012 and as requested: not less than
$5,600,000 for Tax Counseling for the Elderly grants, not less
than $9,750,000 for low-income taxpayer clinic grants, and not
less than $12,000,000 for Volunteer Income Tax Assistance
(VITA) grants. In addition, the Committee recommends not less
than $205,000,000 for operating expenses of the Taxpayer
Advocate Service.
Pre-Filled or ``Simple'' Tax Returns.--The Committee
appreciated the Commissioner's March 2011 testimony and the
assurances that the IRS is not developing a pre-filled or
``simple'' tax return program. The Committee believes that
converting a voluntary compliance system to a bill presentment
model would represent a significant change in the relationship
between taxpayers and their government. The simple return model
would also strain IRS resources and the data retrieval systems
required would create new burdens on employers, particularly
small businesses. In addition, a fundamental conflict of
interest seems to be inherent in the nation's tax collector and
compliance enforcer taking on the simultaneous role of tax
preparer and financial advisor. The Committee expects that the
IRS will not begin work on a simple tax return pilot program or
associated systems without first seeking specific authorization
and appropriations from Congress, and should instead focus on
helping Congress and the Administration achieve real tax
simplification and reform.
Identity Theft.--Identity theft remains the soft underbelly
of the IRS. In these cases, taxpayers, who are otherwise
complying with their tax obligations, have their refunds
delayed and are drawn unwittingly into the IRS examination
process. The Committee directs the IRS to submit a report by
January 31, 2013, on the number of taxpayers who have had their
tax return rejected because their Social Security number was
improperly used by another individual to commit tax fraud. The
report shall include the average time to resolve the situation
and provide innocent taxpayers with their refund, when a refund
is due. In addition, the report shall provide the number of
these cases which were not resolved within 45 days, the number
of cases involving taxpayer identification numbers of residents
of the territories, and discuss the actions the IRS plans to
take to expedite resolution for these taxpayers and to prevent
similar identity theft issues from taking place in the future.
Furthermore, the IRS shall consult with and include the
comments of the National Taxpayer Advocate and the Federal
Trade Commission before submitting the report to the Committee.
ENFORCEMENT
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2012....................... $5,299,367,000
Budget request, fiscal year 2013...................... 5,701,670,000
Recommended in the bill............................... 5,299,367,000
Bill compared with:
Appropriation, fiscal year 2012................... - - -
Budget request, fiscal year 2013.................. -402,303,000
The Enforcement appropriation provides for the examination
of tax returns, both domestic and international; the
administrative and judicial settlement of taxpayer appeals of
examination findings; technical rulings; monitoring employee
pension plans; determining qualifications of organizations
seeking tax-exempt status; examining tax returns of exempt
organizations; enforcing statutes relating to detection and
investigation of criminal violations of the internal revenue
laws; identifying underreporting of tax obligations; securing
unfiled tax returns; and collecting unpaid accounts.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $5,299,367,000
for Enforcement, which is the same as fiscal year 2012 and
$402,303,000 less than the request. Of the funds provided, the
Committee recommends not less than $60,257,000 to support IRS
activities under the Interagency Crime and Drug Enforcement
program. None of the funds requested for implementation of the
Patient Protection and Affordable Care Act are provided.
Reporting Interest Paid to Nonresident Aliens.--The
Committee strongly believes that further action and
clarification are needed regarding the Reporting Interest Paid
to Nonresident Aliens (NRA) regulations that apply to payments
of interest made after December 31, 2012. The final regulations
included a list of countries with which the U.S. has a tax
treaty or information exchange agreement. All countries on this
list qualify for automatic information reports unless the U.S.
determines that a country should not receive the information
due to concerns regarding misuse of the information or the
existence of other factors that would make it inappropriate.
While these confidentiality and safeguard requirements
provide a measure of comfort, the Committee is concerned that
some countries on the list have a well-known history of human
rights violations. However unlikely the U.S. is to
automatically exchange information with these countries, U.S.
financial institutions are still required to file information
returns for NRA customers that are residents of such a country.
The Committee believes that the IRS should consider
publishing on its public website a list of countries with which
it is actively and automatically exchanging information about
interest paid to NRAs. In addition, the Committee believes that
the IRS should consider limiting the reporting requirement to
only countries it is actively and automatically exchanging
information about interest paid to NRAs. Finally, the Committee
thinks that the IRS should consider establishing a program for
monitoring the countries that it is actively and automatically
exchanging information about interest paid to NRAs for
compliance with confidentiality and safeguard requirements.
Healthcare.--During fiscal year 2010, the Department of
Health and Human Services (HHS) allocated an estimated $20
million to IRS for healthcare implementation without the
Committee's knowledge. HHS provided an additional $168 million
during fiscal year 2011 and is expected to provide $332 million
during 2012. The Committee prohibits further such transfers
during fiscal year 2013 in section 106 of this Act.
The Committee notes that an advance notice of proposed
regulation titled ``Determination of Government Plan Status''
may prohibit charter school teachers from participating in
State retirement systems. The Committee appreciates the meeting
that IRS held with representatives of charter schools in May
and encourages the IRS to continue to elicit comments from the
public.
OPERATIONS SUPPORT
Appropriation, fiscal year 2012....................... $3,947,416,000
Budget request, fiscal year 2013...................... 4,476,200,000
Recommended in the bill............................... 3,947,416,000
Bill compared with:
Appropriation, fiscal year 2012................... - - -
Budget request, fiscal year 2013.................. -528,784,000
The Operations Support appropriation provides for overall
planning and direction of the IRS, including shared service
support related to facilities services, rent payments,
printing, postage, and security. Specific activities include
headquarters management activities such as strategic planning,
communications and liaison, finance, human resources, Equal
Employment Opportunity and diversity, research, information
technology, and telecommunications.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $3,947,416,000
for Operations Support, which is the same as fiscal year 2012
and $528,784,000 less than the request. Of the funds provided,
not less than $2,000,000 is for the IRS Oversight Board and
$25,000 is for official reception and representation expenses.
None of the funds requested for implementation of the Patient
Protection and Affordable Care Act are provided.
BUSINESS SYSTEMS MODERNIZATION
Appropriation, fiscal year 2012....................... $330,210,000
Budget request, fiscal year 2013...................... 330,210,000
Recommended in the bill............................... 330,210,000
Bill compared with:
Appropriation, fiscal year 2012................... - - -
Budget request, fiscal year 2013.................. - - -
The Business Systems Modernization (BSM) appropriation
provides funding to modernize key business systems of the
Internal Revenue Service.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $330,210,000
for BSM, which is the same as fiscal year 2012 and the request.
The Committee is pleased with the progress that the IRS has
made with regards to the CADE2 program, which was successfully
launched in January 2012 and used during the 2012 filing
season. The individual account records of 140 million taxpayers
can now be stored in a modern database that has the capability
to update taxpayer account information on a daily basis, which
has accelerated the disbursement of refunds and will provide
more timely information for communicating with taxpayers.
The funds provided under this heading for both 2012 and
2013 are watershed amounts. In previous years, funding for BSM
was closer to $250 million. While the Committee understands
that IRS is building capabilities into CADE2 such as linking
historical returns with current returns and building a single
interest and penalty calculator, the major costs of development
and implementation are completed. The Committee expects funding
requests to begin to decline as the IRS realizes savings from
retiring legacy systems.
Administrative Provisions--Internal Revenue Service
(INCLUDING TRANSFERS 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 and protect taxpayers against identity theft.
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.
Section 105. The Committee includes a new provision that
moves the IRS's authority to hire experts and consultants into
a single IRS-wide provision.
Section 106. The Committee includes a new provision
prohibiting funds made available in the healthcare reform act
from being transferred to the IRS for implementing the
healthcare reform act.
Administrative Provisions--Department of the Treasury
(INCLUDING TRANSFER OF FUNDS)
Section 107. The Committee continues a provision that
authorizes the Department to purchase uniforms, insurance for
motor vehicles that are overseas, and motor vehicles that are
overseas without regard to the general purchase price
limitations; to enter into contracts with the State Department
for health and medical services for Treasury employees that are
overseas; and to hire experts or consultants.
Section 108. The Committee continues a provision that
authorizes transfers, up to two percent, between ``Departmental
Offices--Salaries and Expenses'', ``Special Inspector General
for the Troubled Asset Relief Program'', ``Office of Inspector
General'', ``Financial Management Service'', ``Alcohol and
Tobacco Tax and Trade Bureau'', ``Financial Crimes Enforcement
Network'', and ``Bureau of the Public Debt'' appropriations
under certain circumstances.
Section 109. The Committee continues a provision that
authorizes transfers, up to two percent, between the Internal
Revenue Service and the Treasury Inspector General for Tax
Administration under certain circumstances.
Section 110. The Committee continues a provision limiting
funds for the purchase of law enforcement vehicles unless the
purchase is consistent with vehicle management principles.
Section 111. The Committee continues a provision that
prohibits the Department of the Treasury from undertaking a
redesign of the one dollar Federal Reserve note.
Section 112. 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 113. The Committee continues a provision extending
a pay demonstration program.
Section 114. The Committee continues a provision that
requires congressional approval for the construction and
operation of a museum by the United States Mint.
Section 115. The Committee continues a provision
prohibiting funds in this or any other Act from being used to
merge the Mint and the Bureau of Engraving and Printing without
the approval of the House and Senate Committees of
jurisdiction.
Section 116. The Committee continues a provision deeming
that funds for the Department of the Treasury's intelligence-
related activities are specifically authorized in fiscal year
2013 until enactment of the Intelligence Authorization Act for
fiscal year 2013.
Section 117. 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 118. The Committee continues a provision that
requires the Department to submit a capital investment plan.
Section 119. The Committee includes a new provision as
requested to allow the Financial Crimes Enforcement Network to
share more information with their foreign counterparts.
Section 120. The administrative expenses of the Office of
Financial Research (OFR) and Office of Financial Stability
Oversight (OFS) are funded through mandatory sources that are
outside of the appropriation process. As a counterweight
against unlimited spending, the Committee includes a new
provision that requires a quarterly report from both the OFR
and OFS.
Section 121. The Committee includes a new provision that
requires the Department to submit a report on its Working
Capital Fund.
TITLE II--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO
THE PRESIDENT
Funds appropriated in this title provide for the staff and
operations of the White House, along with other organizations
within the Executive Office of the President (EOP) which
formulate and coordinate policy on behalf of the President,
such as the National Security Council and the Office of
Management and Budget. The title also includes the Office of
National Drug Control Policy and certain expenses of the Vice
President.
The Committee recommends a total appropriation of
$649,661,000 for this title which is $9,003,000 less than the
fiscal year 2012 level. The Committee is disappointed that the
Administration's request did not propose additional reductions
for the EOP Salaries and Expenses accounts. The Committee
believes that the chief executive of any organization
experiencing a fiscal crisis should share in the funding
sacrifice along with the rest of the organization. Therefore,
the Committee has reduced the Salaries and Expenses
appropriation for each organization under this heading.
No funds are provided for the implementation of the
National Ocean Policy.
Midnight Regulations.--Prior Administrations of both
parties have issued thousands of pages of regulations during
the lame duck period of an outgoing Administration. The
Committee believes that non-emergency regulations issued by an
Administration during a lame duck period generally serve only
political purposes, disregard transparency and accountability,
and have an outsized effect on the legitimate policy aims of an
incoming Administration. During the current Administration's
lame duck period, either in 2012 or 2016, the Committee hopes
that it will respect the will of the American people and not
abuse its regulatory authority. The Committee also believes
that regardless when they are finalized, all regulations should
undergo a transparent review process including a rigorous cost
benefit analysis.
The White House
SALARIES AND EXPENSES
Appropriation, fiscal year 2012....................... $56,974,000
Budget request, fiscal year 2013...................... 56,974,000
Recommended in the bill............................... 54,125,000
Bill compared with:
Appropriation, fiscal year 2012................... -2,849,000
Budget request, fiscal year 2013.................. -2,849,000
The White House Salaries and Expenses account supports
staff and administrative services necessary for the direct
support of the President.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $54,125,000
for the White House, which is $2,849,000 less than fiscal year
2012 and the request. The recommendation includes sufficient
funds to support the Office of National AIDS Policy.
Executive Residence at the White House
OPERATING EXPENSES
Appropriation, fiscal year 2012....................... $13,425,000
Budget request, fiscal year 2013...................... 13,200,000
Recommended in the bill............................... 12,754,000
Bill compared with:
Appropriation, fiscal year 2012................... -671,000
Budget request, fiscal year 2013.................. -446,000
These funds provide for the care, maintenance, and
operation of the Executive Residence, including official and
ceremonial functions of the President.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $12,754,000
for the Operating Expenses of the Executive Residence, which is
$671,000 less than fiscal year 2012 and $446,000 less than the
request. The bill continues the same restrictions on
reimbursable expenses for use of the Executive Residence as
were included in past years.
White House Repair and Restoration
Appropriation, fiscal year 2012....................... $750,000
Budget request, fiscal year 2013...................... 750,000
Recommended in the bill............................... 713,000
Bill compared with:
Appropriation, fiscal year 2012................... -37,000
Budget request, estimate, fiscal year 2013........ -37,000
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 $713,000 for
White House Repair and Restoration, which is $37,000 less than
fiscal year 2012 and the request.
Council of Economic Advisers
SALARIES AND EXPENSES
Appropriation, fiscal year 2012....................... $4,192,000
Budget request, fiscal year 2013...................... 4,192,000
Recommended in the bill............................... 4,150,000
Bill compared with:
Appropriation, fiscal year 2012................... -42,000
Budget request, estimate, fiscal year 2013........ -42,000
The Council of Economic Advisers analyzes the national
economy and its various segments, advises the President on
economic developments, recommends policies for economic growth
and stability, appraises economic programs and policies of the
Federal Government, and assists in preparation of the annual
Economic Report of the President.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $4,150,000 for
the Council of Economic Advisers, which is $42,000 less than
the fiscal year 2012 level and the request.
National Security Council and Homeland Security Council
SALARIES AND EXPENSES
Appropriation, fiscal year 2012....................... $13,048,000
Budget request, fiscal year 2013...................... 13,048,000
Recommended in the bill............................... 12,983,000
Bill compared with:
Appropriation, fiscal year 2012................... -65,000
Budget request, estimate, fiscal year 2013........ -65,000
The National Security Council and the Homeland Security
Council have been combined to form the National Security Staff
which advises and assists the President in the integration of
domestic, foreign, military, intelligence, and economic aspects
of national security policy, and serves as the principal means
of coordinating executive departments and agencies in the
development and implementation of national security and
homeland security policies.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $12,983,000
for the National Security Council and Homeland Security
Council, which is $65,000 less than fiscal year 2012 and the
request.
Office of Administration
SALARIES AND EXPENSES
Appropriation, fiscal year 2012....................... $112,952,000
Budget request, fiscal year 2013...................... 114,952,000
Recommended in the bill............................... 107,304,000
Bill compared with:
Appropriation, fiscal year 2012................... -5,648,000
Budget request, estimate, fiscal year 2013........ -7,648,000
The Office of Administration is responsible for providing
administrative services to the Executive Office of the
President. These services include financial, personnel,
procurement, information technology, records management, and
general office services.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $107,304,000
for the Office of Administration, which is $5,648,000 less than
fiscal year 2012 and $7,648,000 less than the request. Of the
recommended amount, up to $10,403,000 is available until
expended for modernization of the information technology
infrastructure within the Executive Office of the President.
The Office of Administration is directed to provide an
annual report to the Committee, at the same time the
President's budget is submitted to Congress, detailing its
progress on information technology modernization, including the
amounts obligated and expended, and for what purposes, specific
milestones achieved, and requirements and specific plans for
further investment.
Office of Management and Budget
SALARIES AND EXPENSES
Appropriation, fiscal year 2012....................... $89,456,000
Budget request, fiscal year 2013...................... 91,542,000
Recommended in the bill............................... 80,510,000
Bill compared with:
Appropriation, fiscal year 2012................... -8,946,000
Budget request, fiscal year 2013.................. -11,032,000
The Office of Management and Budget (OMB) assists the
President in the discharge of budgetary, economic, management,
and other executive responsibilities.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $80,510,000
for OMB, which is $8,946,000 less than fiscal year 2012 and
$11,032,000 less than the request. The recommendation also
continues several long-standing provisos, not requested by the
President, limiting certain OMB activities.
The Committee provides sufficient funds for OMB to consult
with and provide Congressional Committees with an appropriate
number of printed and electronic copies of the President's
fiscal year 2014 budget request including documents such as the
Appendix, Historical Tables and Analytical Perspectives. The
Committee believes that if the Administration wants the
Congress to consider its proposed budget that it should provide
the Congress with copies of the budget request.
The Committee directs that OMB provide additional detailed
information on its operations. For the fiscal year 2013
financial plan required by section 608 of this Act and the
fiscal year 2014 budget request, the Committee directs that OMB
provide obligations and full-time equivalents for the following
activities: Executive Direction, OMB-Wide Support Offices,
Resource Management Office, and Statutory Offices. Within
Statutory Offices, the Office of Information and Regulatory
Affairs and the Office of the Intellectual Property Enforcement
Coordinator shall be displayed separately. Executive Direction
shall include the Office of the Director, Deputy Director,
Deputy Director for Management, Executive Associate Director,
and Chief of Staff. This information will be used as the
baseline for reprogramming and deviations shall be subject to
the procedures established in section 608 of this Act.
The Committee believes that the American people benefit
when professional staff of the Committee and the OMB are able
to effectively communicate regarding the technical budget and
legal issues such as implementation of a sequester. The
Committee hopes that OMB will work to improve its relationship
with the Committee on these matters.
The budget request proposes $1,000,000 in a separate
appropriation for the administrative costs of the Partnership
Fund for Program Integrity Innovation. The Committee supports
OMB's efforts to find ways to reduce the cost of State
administered-Federally funded programs and believes it to be a
core mission of OMB. The recommendation includes sufficient
funds within the Salaries and Expenses appropriation for OMB to
continue the administration of this effort.
Within the level of funds provided, the Committee continues
to support the Office of the Intellectual Property Enforcement
Coordinator (IPEC) and its important mission.
Within 90 days of enactment of this Act, OMB shall submit a
report to the House and Senate Appropriations Committees that
details how the Administration is ensuring that Executive
Branch agencies are complying with all applicable laws,
regulations and Executive Orders related to travel, conferences
and employee awards.
The Committee is concerned that Federal agencies purchasing
online advertisements may unwittingly have advertisements
appear on websites operated by those engaged in criminal
activity, including sites proliferating malware, child
pornography, or engaged in identity theft, theft of
intellectual property or counterfeiting. The Committee believes
the OMB should review this issue and provide guidance to the
Executive Branch agencies if necessary. OMB is directed to
report to the Committee within 180 days of enactment of this
Act on its progress in addressing this issue.
The Committee looks forward to the submission of the
required examination of OMB Circular A-94 regarding government-
wide efficiencies and proper anticipation of the cost of major
infrastructure projects. The Committee appreciates the time and
resources OMB has expended on this effort, especially its
outreach to various stakeholders and its evaluation of the
considerable analytical tools which can help the government set
and meet performance goals while reducing government spending.
In order to build on this effort to promote effectiveness,
the Committee directs OMB to continue the effort to improve
cost-benefit analyses and practices government-wide by
incorporating life cycle cost analysis, and to report to
Congress within 180 days of enactment of this Act on the status
of further development of tools and materials being used to
implement life-cycle cost analysis in Federal departments and
agencies to meet their various and unique purposes.
The Committee appreciates the efforts of the Administration
to make more geospatial data available to the State and local
governments, and the public through data.gov. In addition to
providing more information to the public, better coordination
and sharing of geospatial information collected at all levels
of government can lead to significant costs savings and improve
government performance. OMB is directed to submit a report to
the Committee within 90 days of enactment of this Act outlining
the Administration's efforts to further increase the amount of
geospatial data that is made available to the public and shared
across all levels of government.
Office of National Drug Control Policy
SALARIES AND EXPENSES
Appropriation, fiscal year 2012....................... $24,500,000
Budget request, fiscal year 2013...................... 23,413,000
Recommended in the bill............................... 23,296,000
Bill compared with:
Appropriation, fiscal year 2012................... -1,204,000
Budget request, fiscal year 2013.................. -117,000
The Office of National Drug Control Policy (ONDCP) was
established by the Anti-Drug Abuse Act of 1988 and most
recently reauthorized in 2006. The Office is the President's
primary source of support for counter-drug policy development
and program oversight. Its responsibilities include developing
and updating a National Drug Control Strategy, developing a
National Drug Control Budget, and coordinating and evaluating
the implementation of Federal drug control activities.
In addition, ONDCP manages several counter-drug programs
which are discussed under the ``Federal Drug Control Programs''
heading below. These include the High Intensity Drug
Trafficking Areas (HIDTA) program and Drug-Free Communities
grants.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $23,296,000
for ONDCP Salaries and Expenses, $1,204,000 less than fiscal
year 2012 and $117,000 less than the request. The Committee
expects ONDCP to focus resources on the counter-drug policy
development, coordination and evaluation functions which are
the primary mission of the Office and the original reason for
its existence.
The Committee continues to be concerned with
methamphetamine production, trafficking and its widespread
abuse. According to the Drug Enforcement Administration's
National Seizures System, the total number of laboratories
seized nationwide was approximately 24.5 percent higher in 2011
than in 2010. The Committee directs ONDCP to continue 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.
The National Drug Control Strategy (Strategy) serves as a
comprehensive plan to reduce illicit drug use and its
consequences in the United States and the territories. The
Committee notes that the Strategy does not adequately address
the problem of drug trafficking and associated violence in the
territories. The Committee expects ONDCP to give appropriate
consideration to the territories in preparing future reports.
The Committee directs the Office of National Drug Control
Policy to develop a biennial Caribbean Border Counternarcotics
Strategy, on terms equivalent to the existing Southwest Border
Counternarcotics Strategy and the Northern Border
Counternarcotics Strategy. This strategy shall be publicly
available within 180 days of the date of enactment of this Act.
FEDERAL DRUG CONTROL PROGRAMS
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2012....................... $238,522,000
Budget request, fiscal year 2013...................... 200,000,000
Recommended in the bill............................... 238,522,000
Bill compared with:
Appropriation, fiscal year 2012................... - - -
Budget request, fiscal year 2013.................. +38,522,000
The High Intensity Drug Trafficking Areas (HIDTA) Program
provides resources to Federal and State, local, and tribal
agencies in designated HIDTAs to combat the production,
transportation and distribution of illegal drugs; to seize
assets derived from drug trafficking; to address violence in
drug-plagued communities; and to disrupt the drug marketplace.
Currently, 28 HIDTAs operate in 45 States plus the District
of Columbia, Puerto Rico, and the Virgin Islands. Each HIDTA is
managed by an Executive Board comprised of equal numbers of
Federal, State, local or tribal officials. Each HIDTA Executive
Board is responsible for designing and implementing initiatives
for the specific drug trafficking threats in its region.
Intelligence and information sharing are key elements of all
HIDTA programs.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $238,522,000
for the HIDTA Program, the same as the fiscal year 2012 level
and $38,522,000 more than the request. The Committee believes
that the HIDTA program has demonstrated its effectiveness and
can serve as an important tool in combating problems of drug
trafficking and drug-related violence.
The Committee includes language requiring that existing
HIDTAs receive funding at least equal to the fiscal year 2012
base allocation level unless the Director submits a
justification for doing otherwise to the Committees on
Appropriations, based on clearly articulated priorities and
published performance measures.
The recommendation includes language directing ONDCP to
notify the Committees on Appropriations of the initial
allocation of HIDTA funds no later than 45 days after
enactment, and to notify the Committees of the proposed use of
discretionary funds no 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.
The Committee is troubled by recent events that have
highlighted ONDCP's lack of oversight over the HIDTA program.
The Committee expects funds appropriated for the HIDTA program
to be used for its intended mission of combatting drug
trafficking and drug-related violence. HIDTA directors are
required by law to obtain approval from the Director of ONDCP
for the use of appropriated funds on activities that fall
outside of the traditional responsibilities of the HIDTA
program. At the same time, the Committee expects ONDCP to
conduct appropriate oversight of the HIDTA program to ensure
the integrity and effectiveness of the program and protect the
investment of taxpayer dollars. The Committee is disappointed
by ONDCP's lack of oversight of the HIDTA program and
subsequent response to the Committee's inquiry into its
oversight role. Therefore, the Committee directs ONDCP to
review its current procedures for conducting oversight and
develop a more comprehensive audit and evaluation process of
the HIDTA program. The Committee directs ONDCP to report to the
Committee on its efforts within 60 days of enactment of this
Act.
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
Appropriation, fiscal year 2012....................... $105,550,000
Budget request, fiscal year 2013...................... 118,600,000
Recommended in the bill............................... 105,900,000
Bill compared with:
Appropriation, fiscal year 2012................... +350,000
Budget request, fiscal year 2013.................. -12,700,000
This account supports a variety of other drug control
activities managed or undertaken by ONDCP.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $105,900,000
for Other Federal Drug Control Programs, which is $350,000 more
than fiscal year 2012 and $12,700,000 less than the request.
The recommended level for fiscal year 2013 is distributed among
specific programs and activities as follows:
Drug-Free Communities................................... $92,000,000
Media and outreach activities........................... - - -
Anti-Doping activities.................................. 9,500,000
World Anti-Doping Agency dues........................... 1,900,000
Drug Courts............................................. 1,300,000
State Drug Law Assistance............................... 1,200,000
Within the total for the account, the Committee recommends
$92,000,000 for the Drug-Free Communities program, the same as
fiscal year 2012 and $3,400,000 above the request. This program
makes grants of up to $125,000 per year to support local
coalitions to develop and implement community-based plans to
reduce drug abuse among youth. These coalitions are required to
include participants from a wide range of interests, including
local government agencies, schools, the media, service
organizations, law enforcement, parents, youth, and the
business community. Local matching contributions are required.
Grants are awarded on a competitive basis, and may be renewed
for up to five years, after which time the coalition must
compete again for any further funding.
Within this account, the Committee recommends $9,500,000
for anti-doping activities, $500,000 more than fiscal year 2012
and $1,500,000 more than the request. Anti-doping activities
support athlete drug testing programs, research initiatives,
educational programs, and enforce compliance with the World
Anti-Doping Code. In addition, the Committee recommends
$1,900,000 for the United States membership dues to the World
Anti-Doping Agency (WADA), the same as fiscal year 2012 and the
request. WADA is the international agency created to promote,
coordinate, and monitor efforts against doping and illicit drug
use in sport on a global basis.
The Committee recommends no funding for media and outreach,
the same as fiscal year 2012, rather than the $20,000,000
included in the request for the National Youth Anti-Drug Media
Campaign.
Additionally, the Committee includes $1,300,000 for drug
court training and technical assistance and $1,200,000 for
assistance to States in implementing effective drug laws.
All funds under this heading are to be awarded under a
competitive process.
Information Technology Oversight and Reform
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2012....................... $5,000,000
Budget request, fiscal year 2013...................... 5,000,000
Recommended in the bill............................... 5,000,000
Bill compared with:
Appropriation, fiscal year 2012................... - - -
Budget request, fiscal year 2013.................. - - -
These funds support efforts to improve the Federal
Government's investments in information technology (IT).
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $5,000,000
which is equal to fiscal year 2012 and the request. The
recommendation renames this account to more accurately reflect
its purpose. The Committee appreciates the Administration's
efforts to improve program and contract management of
information technology (IT) investments as well as the
Administration's efforts to utilize cloud computing and
consolidate data centers. However, much more needs to be done
to improve the management of the Federal Government's nearly
$80,000,000,000 annual investment in IT. In order to better
understand the results of the Administration's IT reform
efforts and the savings generated, bill language is continued
requiring the submission of quarterly reports on savings
identified by fiscal year, agency and appropriation. This
information will not only inform the Committee on the results
of OMB's IT reforms but will also inform the Committee's
decisions on funding IT projects in agencies across the Federal
government.
Special Assistance to the President
SALARIES AND EXPENSES
Appropriation, fiscal year 2012....................... $4,328,000
Budget request, fiscal year 2013...................... 4,328,000
Recommended in the bill............................... 4,112,000
Bill compared with:
Appropriation, fiscal year 2012................... -216,000
Budget request, fiscal year 2013.................. -216,000
These funds support the executive functions of the Office
of the Vice President.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $4,112,000 for
the Office of the Vice President, which is $216,000 less than
fiscal year 2012 and the request.
Official Residence of the Vice President
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2012....................... $307,000
Budget request, fiscal year 2013...................... 307,000
Recommended in the bill............................... 292,000
Bill compared with:
Appropriation, fiscal year 2012................... -15,000
Budget request, fiscal year 2013.................. -15,000
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 $292,000 for
the Operating Expenses of the Vice President's residence, which
is $15,000 less than fiscal year 2012 and the request.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(INCLUDING TRANSFER OF FUNDS)
Section 201. The Committee includes language permitting the
transfer of not to exceed ten percent of funds between various
accounts within the Executive Office of the President, with
advance approval of the Committees on Appropriations.
Section 202. The Committee includes language requiring the
Director of the Office of Management and Budget to submit a
report to the Committee on improving regulation and regulatory
review.
Section 203. The Committee continues language requiring the
Director of the Office of Management and Budget to report on
the costs of implementing the Dodd-Frank Wall Street Reform and
Consumer Protection Act (Public Law 111-203).
Section 204. The Committee includes language prohibiting
funds to prepare, sign or approve statements abrogating
legislation passed by the House of Representatives and the
Senate and signed by the President.
Section 205. The Committee includes language requiring the
Director of the Office of Management and Budget (OMB) to report
to the Appropriations and Budget Committees on the
implementation of sequestration required under section 251(a)
of the Balanced Budget and Emergency Deficit Control Act of
1985. $5,000,000 of OMB's Salaries and Expenses appropriation
shall not be available for obligation until this report is
submitted.
Section 206. The Committee includes language requiring the
President to submit a detailed report on the sequestration
required by section 251A of the Balanced Budget and Emergency
Deficit Control Act of 1985 for January 2, 2013.
TITLE III--THE JUDICIARY
The funds recommended by the Committee in title III of the
accompanying bill are for the operation and maintenance of
United States Courts and include the salaries of judges,
probation and pretrial services officers, public defenders,
court clerks, law clerks, and other supporting personnel, as
well as security costs, information technology, and other
expenses of the Federal Judiciary.
The Committee recommends a total of $6,509,493,000 in
discretionary funding for the Judiciary in fiscal year 2013,
which is $22,625,000 less than fiscal year 2012 and
$209,276,000 less than the request. The Committee recognizes
that the number of cases filed and the number of persons under
supervision is not under the control of the Judiciary. However,
the Committee believes the Judiciary needs to continue its cost
containment efforts and identify ways to reduce staffing,
travel, conferences, space and other financial requirements
through the use of technology and best practices.
In addition to direct appropriations, the Judiciary
collects various fees and has certain multiyear funding
authorities. The Judiciary uses these non-appropriated funds to
offset its direct appropriation requirements. Consistent with
prior year practices and section 608 of this Act, the Committee
expects the Judiciary to submit a financial plan, within 60
days of enactment of this Act, allocating all sources of
available funds including appropriations, fee collections, and
carryover balances. This financial plan will be the baseline
for purposes of reprogramming notification.
Supreme Court of the United States
SALARIES AND EXPENSES
Appropriation, fiscal year 2012....................... $74,819,000
Budget request, fiscal year 2013...................... 77,165,000
Recommended in the bill............................... 74,992,000
Bill compared with:
Appropriation, fiscal year 2012................... +173,000
Budget request, fiscal year 2013.................. -2,173,000
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $74,992,000
for fiscal year 2013 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 $173,000
more than fiscal year 2012 and is $2,173,000 less than the
request. The increased funding provided above the fiscal year
2012 level is to annualize the cost of twelve additional police
officers partially funded during fiscal year 2012. The
Committee continues to include bill language making $2,000,000
available until expended for the purpose of making information
technology investments. The Committee requests that the Court
include an annual report with its budget justification
materials, showing information technology carryover balances
and describing expenditures made in the previous fiscal year
and planned expenditures in the budget year.
CARE OF THE BUILDING AND GROUNDS
Appropriation, fiscal year 2012....................... $8,159,000
Budget request, fiscal year 2013...................... 11,963,000
Recommended in the bill............................... 9,259,000
Bill compared with:
Appropriation, fiscal year 2012................... +1,100,000
Budget request, fiscal year 2013.................. -2,704,000
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $9,259,000 for
fiscal year 2013, 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 $1,100,000 above the current year and
$2,704,000 less than the request. The increased funding
provided above fiscal year 2012 is for upgrading the Supreme
Court police radio infrastructure. The recommendation does not
provide the requested $2,500,000 increase for facade
restoration at this time.
United States Court of Appeals for the Federal Circuit
SALARIES AND EXPENSES
Appropriation, fiscal year 2012....................... $32,511,000
Budget request, fiscal year 2013...................... 34,328,000
Recommended in the bill............................... 32,511,000
Bill compared with:
Appropriation, fiscal year 2012................... - - -
Budget request, fiscal year 2013.................. -1,817,000
COMMITTEE RECOMMENDATION
The Court of Appeals for the Federal Circuit has exclusive
national jurisdiction over a large number of diverse subject
areas, including government contracts, patents, trademarks,
Federal personnel, and veterans' benefits. The Committee
recommends an appropriation of $32,511,000 for fiscal year
2013, which is equal to the current year and $1,817,000 less
than the request.
United States Court of International Trade
SALARIES AND EXPENSES
Appropriation, fiscal year 2012....................... $21,447,000
Budget request, fiscal year 2013...................... 22,880,000
Recommended in the bill............................... 21,447,000
Bill compared with:
Appropriation, fiscal year 2012................... - - -
Budget request, fiscal year 2013.................. -1,433,000
COMMITTEE RECOMMENDATION
The Court of International Trade has exclusive nationwide
jurisdiction of civil actions against the United States and
certain civil actions brought by the United States, arising out
of import transactions, and administration and enforcement of
the Federal customs and international trade laws. The Committee
recommends an appropriation of $21,447,000 for fiscal year
2013, which is equal to fiscal year 2012 and $1,433,000 less
than the request.
Courts of Appeals, District Courts, and Other Judicial Services
SALARIES AND EXPENSES
Appropriation, fiscal year 2012....................... $5,015,000,000
Budget request, fiscal year 2013...................... 5,148,799,000
Recommended in the bill............................... 4,989,123,000
Bill compared with:
Appropriation, fiscal year 2012................... -25,877,000
Budget request, fiscal year 2013.................. -159,676,000
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $4,989,123,000
for the operations of the regional courts of appeals, district
courts, bankruptcy courts, the Court of Federal Claims, and
probation and pretrial services offices. The recommendation is
$25,877,000 less than fiscal year 2012 and $159,676,000 less
than the request.
The Committee appreciates that over the past year the
Judiciary has reduced court support and probation officer
staffing by approximately 1,200 positions. The level of funding
provided reduces funding for travel, conferences and other
discretionary activities in clerks and chambers operations.
The Committee is concerned with the cost and amount of
space occupied by the Judiciary. In spite of staffing
reductions in recent years, during fiscal year 2013 the courts
are estimated to occupy an additional 728,000 square feet. The
Committee recognizes that changes to the Judiciary's space
footprint cannot be changed overnight. However, the Committee
expects the Judiciary to do more to manage its space rental
costs and has included an administrative provision requiring
the Judicial Conference to develop a plan to freeze Judiciary
space in fiscal year 2014 and begin reducing it starting in
fiscal year 2015.
The Judicial Conference is directed to report to the
Committee within 90 days of enactment of this Act on the steps
necessary to merge the separate appropriations for the United
States Court of Appeals for the Federal Circuit (CAFC) and
United States Court of International Trade (CIT) into the
Courts of Appeals, District Courts and Other Judicial Services,
Salaries and Expenses and Court Security appropriations. During
times of declining resources, the Committee wants to ensure
that all courts are complying with the cost containment efforts
of the Judicial Conference. The report shall include
information on the necessary legislative and funding changes
needed to merge the appropriations and the actions necessary to
ensure that the CAFC and CIT adhere to Judicial Conference
policies in areas such as security, space, information
technology, libraries and staffing.
The Committee understands that four districts have
consolidated their district and bankruptcy clerks' offices and
have achieved efficiencies. Section 156(d) of title 28 of the
United States Code requires approval of the Judicial Conference
and Congress to consolidate district and bankruptcy clerks'
offices. The Government Accountability Office (GAO) shall
review the potential savings that could be generated if
additional district and bankruptcy clerks' offices are
consolidated including the impact that a consolidation could
have on the operations of the courts. In addition, GAO shall
review the process required to implement a district and
bankruptcy clerks' office consolidation and evaluate whether it
could be improved.
VACCINE INJURY COMPENSATION TRUST FUND
Appropriation, fiscal year 2012....................... $5,000,000
Budget request, fiscal year 2013...................... 5,354,000
Recommended in the bill............................... 5,100,000
Bill compared with:
Appropriation, fiscal year 2012................... +100,000
Budget request, fiscal year 2013.................. -254,000
COMMITTEE RECOMMENDATION
The Committee recommends a reimbursement of $5,100,000 for
fiscal year 2013 from the Vaccine Injury Compensation Trust
Fund to cover expenses of the United States Court of Federal
Claims associated with processing cases under the National
Childhood Vaccine Injury Act of 1986. The recommendation is
$100,000 more than the current year and $254,000 less than the
request.
DEFENDER SERVICES
Appropriation, fiscal year 2012...................... $1,031,000,000
Budget request, fiscal year 2013..................... 1,063,517,000
Recommended in the bill.............................. 1,031,000,000
Bill compared with:
Appropriation, fiscal year 2012.................. - - -
Budget request, fiscal year 2013................. -32,517,000
COMMITTEE RECOMMENDATION
This account provides funding for the operation of the
Federal Public Defender and Community Defender organizations
and for compensation and reimbursement of expenses of panel
attorneys appointed pursuant to the Criminal Justice Act for
representation in criminal cases. The Committee recommends an
appropriation of $1,031,000,000 for fiscal year 2013 which is
equal to the current year and $32,517,000 less than the
request. The recommendation does not provide an increase in the
hourly panel attorney pay rate.
The sixth amendment to the Constitution provides for the
right to counsel for those who cannot afford it. This is a very
important Constitutional protection. However, the Committee is
concerned that this program has not undergone the same cost
containment efforts as other Judiciary programs. For example in
the Judiciary's fiscal year 2012 spending plan, this account
anticipates increasing spending by more than $30 million while
the number of representations is estimated to slightly decline.
The Committee expects the Judicial Conference to subject this
program to the same level of scrutiny as other Judiciary
programs. During a time of declining resources, the Judiciary
must find a way to provide effective representation at
reasonable costs.
FEES OF JURORS AND COMMISSIONERS
Appropriation, fiscal year 2012....................... $51,908,000
Budget request, fiscal year 2013...................... 54,635,000
Recommended in the bill............................... 54,635,000
Bill compared with:
Appropriation, fiscal year 2012................... +2,727,000
Budget request, fiscal year 2013.................. - - -
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $54,635,000
for payments to jurors, which is $2,727,000 more than fiscal
year 2012 and equal to the request.
COURT SECURITY
(INCLUDING TRANSFERS OF FUNDS)
Appropriation, fiscal year 2012....................... $500,000,000
Budget request, fiscal year 2013...................... 514,673,000
Recommended in the bill............................... 510,000,000
Bill compared with:
Appropriation, fiscal year 2012................... +10,000,000
Budget request, fiscal year 2013.................. -4,673,000
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $510,000,000
for Court Security in fiscal year 2013 to provide for necessary
expenses of security and protective services in courtrooms and
adjacent areas. This is $10,000,000 more than fiscal year 2012
and $4,673,000 less than the request. The recommended increase
over fiscal year 2012 will provide for the highest priority
security needs identified by the courts and the U.S. Marshals
Service.
Administrative Office of the United States Courts
SALARIES AND EXPENSES
Appropriation, fiscal year 2012....................... $82,909,000
Budget request, fiscal year 2013...................... 85,148,000
Recommended in the bill............................... 82,909,000
Bill compared with:
Appropriation, fiscal year 2012....................... - - -
Budget request, fiscal year 2013...................... -2,239,000
COMMITTEE RECOMMENDATION
The Administrative Office of the United States Courts (AO)
provides administrative and management support to the United
States Courts, including the probation and bankruptcy systems.
It also supports the Judicial Conference in determining Federal
Judiciary policies, in developing methods to assist the courts
to conduct business efficiently and economically, and in
enhancing the use of information technology in the courts. The
Committee recommends an appropriation of $82,909,000 for the
AO, which is equal to fiscal year 2012 and $2,239,000 less than
the request.
Federal Judicial Center
SALARIES AND EXPENSES
Appropriation, fiscal year 2012....................... $27,000,000
Budget request, fiscal year 2013...................... 27,729,000
Recommended in the bill............................... 27,000,000
Bill compared with:
Appropriation, fiscal year 2012................... - - -
Budget request, fiscal year 2013.................. -729,000
COMMITTEE RECOMMENDATION
The Federal Judicial Center (FJC) improves the management
of Federal Judicial dockets and court administration through
education for judges and staff, and research, evaluation, and
planning assistance for the courts and the Judicial Conference.
The Committee recommends an appropriation of $27,000,000 for
the FJC for fiscal year 2013, which is equal to the current
year and $729,000 less than the request.
United States Sentencing Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2012....................... $16,500,000
Budget request, fiscal year 2013...................... 17,061,000
Recommended in the bill............................... 16,000,000
Bill compared with:
Appropriation, fiscal year 2012................... -500,000
Budget request, fiscal year 2013.................. -1,061,000
COMMITTEE RECOMMENDATION
The purpose of the Commission is to establish, review, and
revise sentencing guidelines, policies, and practices for the
Federal criminal justice system. The Commission is also
required to monitor the operation of the guidelines and to
identify and report necessary changes to the Congress. The
Committee recommends $16,000,000 for the Commission for fiscal
year 2013, which is $500,000 less than fiscal year 2012 and
$1,061,000 less than the request.
Administrative Provisions--The Judiciary
(INCLUDING TRANSFER OF FUNDS)
Section 301. The Committee continues language to permit
funds for salaries and expenses to be available for employment
of experts and consultant services as authorized by 5 U.S.C.
3109.
Section 302. The Committee continues language that permits
up to five percent of any appropriation made available for
fiscal year 2013 to be transferred between Judiciary
appropriations provided that no appropriation shall be
decreased by more than five percent or increased by more than
ten percent by any such transfer except in certain
circumstances. In addition, the language provides that any such
transfer shall be treated as a reprogramming of funds under
sections 604 and 608 of the accompanying bill and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in those sections.
Section 303. The Committee continues language authorizing
not to exceed $11,000 to be used for official reception and
representation expenses incurred by the Judicial Conference.
Section 304. The Committee continues language to authorize
a court security pilot program.
Section 305. The Committee includes language requested by
the Judicial Conference to extend temporary judgeships in the
eastern district of Missouri, Kansas, Hawaii, Arizona, the
northern district of Alabama, the central district of
California, the southern district of Florida, New Mexico and
the eastern district of Texas.
Section 306. The Committee includes new language requiring
the Judicial Conference to submit a plan to freeze the number
of square feet funded by the Courts of Appeals, District
Courts, and Other Judicial Services, Salaries and Expenses
appropriation in fiscal year 2014 and reduce the number of
square feet occupied by the Judiciary by at least 1 percent in
each of the next four fiscal years.
Section 307. The Committee includes new language regarding
the boundaries of divisions in the eastern district of Missouri
and the northern district of Mississippi. These changes were
proposed by the Judicial Conference.
Section 308. The Committee includes new language
prohibiting funds for circuit judicial conferences in fiscal
year 2013. In fiscal year 2014 or future years, if the
Judiciary plans to hold circuit judicial conferences, the
budget request shall outline the costs, locations and
justifications for holding such conferences.
TITLE IV--DISTRICT OF COLUMBIA
Federal Funds
FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT
Appropriation, fiscal year 2012....................... $30,000,000
Budget request, fiscal year 2013...................... 35,100,000
Recommended in the bill............................... 30,000,000
Bill compared with:
Appropriation, fiscal year 2012................... - - -
Budget request, fiscal year 2013.................. -5,100,000
The Resident Tuition Support program provides 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, private historically black colleges and
universities nationwide, and public two-year community colleges
nationwide.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $30,000,000
for the resident tuition support program, which is the same as
fiscal year 2012 and $5,100,000 less than the request.
FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS IN THE
DISTRICT OF COLUMBIA
Appropriation, fiscal year 2012....................... $14,900,000
Budget request, fiscal year 2013...................... 24,700,000
Recommended in the bill............................... 24,700,000
Bill compared with:
Appropriation, fiscal year 2012................... +9,800,000
Budget request, fiscal year 2013.................. - - -
As the seat of the national government, the District of
Columbia has a unique and significant responsibility for
protecting the property and personnel of the Federal
government. The Federal Payment for Emergency Planning and
Security Costs is provided to help address the impact of the
Federal presence on public safety in the District of Columbia.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $24,700,000
for emergency planning and security costs, which is $9,800,000
more than fiscal year 2012 and the same as the request. The
Committee continues to require a detailed justification be
submitted with the budget request each year, as well as a
report detailing any deviation from the plan outlined in the
justification no later than 60 days after the end of the fiscal
year. The increase in funding is provided for planning
activities for the Presidential inauguration.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS
Appropriation, fiscal year 2012....................... $232,841,000
Budget request, fiscal year 2013...................... 219,651,000
Recommended in the bill............................... 232,181,000
Bill compared with:
Appropriation, fiscal year 2012................... -660,000
Budget request, fiscal year 2013.................. +12,530,000
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $232,181,000
for operation of the District of Columbia Courts, which is
$660,000 less than fiscal year 2012 and $12,530,000 more than
the request. This amount includes $12,830,000 for the Court of
Appeals; $113,959,000 for the Superior Court; $66,302,000 for
the Court System; and $39,090,000 for capital improvements to
courthouse facilities. The aforementioned amounts include
funding provided above the requested level to continue
enhancements provided in fiscal year 2012 and to fund the
Courts' highest priority security and facilities requirements.
The Committee directs the District of Columbia Courts to
provide quarterly expenditures, unobligated balances and
staffing reports to the Committee for all programs, to be
submitted within 30 days after the end of each quarter.
FEDERAL PAYMENT FOR DEFENDER SERVICES IN THE DISTRICT OF COLUMBIA
COURTS
Appropriation, fiscal year 2012....................... $55,000,000
Budget request, fiscal year 2013...................... 49,890,000
Recommended in the bill............................... 49,890,000
Bill compared with:
Appropriation, fiscal year 2012................... -5,110,000
Budget request, fiscal year 2013.................. - - -
COMMITTEE RECOMMENDATION
The Committee recommends $49,890,000 for Defender Services
in the District of Columbia Courts, which is $5,110,000 less
than fiscal year 2012 and the same as the request. The
Committee directs the District of Columbia Courts to provide
quarterly expenditure and unobligated balance reports to the
Committee, within 30 days after the end of each quarter.
FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER SUPERVISION AGENCY
FOR THE DISTRICT OF COLUMBIA
Appropriation, fiscal year 2012....................... $212,983,000
Budget request, fiscal year 2013...................... 215,506,000
Recommended in the bill............................... 214,200,000
Bill compared with:
Appropriation, fiscal year 2012................... +1,217,000
Budget request, fiscal year 2013.................. -1,306,000
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $214,200,000
for the Court Services and Offender Supervision Agency (CSOSA),
which is $1,217,000 more than fiscal year 2012 and $1,306,000
less than the request. Of the amounts provided, $155,565,000 is
for Community Supervision and Sex Offender Registration and
$58,635,000 is for the Pretrial Services Agency (PSA). The
recommendation includes an increase above the fiscal year 2012
level for costs associated with the upcoming expiration of
facility leases. The Committee includes requested language
expanding CSOSA's gratuity and gift authority.
The Committee directs CSOSA to provide a quarterly report
on its expenditures, unobligated balances and staffing to the
Committee, to be submitted within 30 days after the end of each
quarter.
FEDERAL PAYMENT TO THE PUBLIC DEFENDER SERVICE FOR THE DISTRICT OF
COLUMBIA
Appropriation, fiscal year 2012....................... $37,241,000
Budget request, fiscal year 2013...................... 39,376,000
Recommended in the bill............................... 38,282,000
Bill compared with:
Appropriation, fiscal year 2012................... +1,041,000
Budget request, fiscal year 2013.................. -1,094,000
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $38,282,000
for the Public Defender Service for the District of Columbia,
which is $1,041,000 more than fiscal year 2012 and $1,094,000
less than the request. The recommended increase above the
fiscal year 2012 level is for costs associated with the
upcoming expiration of a facility lease. The Committee includes
requested language expanding the agency's gift authority.
FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING COUNCIL
Appropriation, fiscal year 2012....................... $1,800,000
Budget request, fiscal year 2013...................... 1,800,000
Recommended in the bill............................... 1,800,000
Bill compared with:
Appropriation, fiscal year 2012................... - - -
Budget request, fiscal year 2013.................. - - -
The Criminal Justice Coordinating Council (CCJC) provides a
forum for District of Columbia and Federal law enforcement to
identify criminal justice issues and solutions, and improve the
coordination of their efforts. In addition, the CCJC developed
and maintains the Justice Integrated Information System which
provides for the seamless sharing of information with Federal
and local law enforcement.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $1,800,000 to
the CJCC, which is the same as fiscal year 2012 and the
request.
FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS
Appropriation, fiscal year 2012....................... $500,000
Budget request, fiscal year 2013...................... 500,000
Recommended in the bill............................... 500,000
Bill compared with:
Appropriation, fiscal year 2012................... - - -
Budget request, fiscal year 2013.................. - - -
This appropriation provides funding for the two judicial
commissions. The first is the Judicial Nomination Commission
(JNC) which recommends a panel of three candidates to the
President for each judicial vacancy in the District of Columbia
Court of Appeals and Superior Court. From the panel selected by
the JNC, the President nominates a person for each vacancy and
submits their name for confirmation to the Senate. The second
commission is the Commission on Judicial Disabilities and
Tenure (CJDT) which has jurisdiction over all judges of the
Court of Appeals and Superior Court to determine whether a
judge's conduct warrants disciplinary action and whether
involuntary retirement of a judge for health reasons is
warranted. In addition, the CJDT conducts evaluations of judges
seeking reappointment and judges who retire and wish to
continue service as a senior judge.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $295,000 for
the Commission on Judicial Disabilities and Tenure, and
$205,000 for the Judicial Nomination Commission. This is the
same as fiscal year 2012 and the request.
FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT
Appropriation, fiscal year 2012....................... $60,000,000
Budget request, fiscal year 2013...................... 60,000,000
Recommended in the bill............................... 60,000,000
Bill compared with:
Appropriation, fiscal year 2012................... - - -
Budget request, fiscal year 2013.................. - - -
The Scholarships for Opportunity and Results Act (SOAR)
authorizes $60,000,000 to be evenly divided between District of
Columbia Public Schools, Public Charter Schools and Opportunity
Scholarships.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $60,000,000,
the authorized amount, for school improvement. Based on the
statutory funding formula, this will provide $20,000,000 for
District of Columbia Public Schools, $20,000,000 for Public
Charter Schools and $20,000,000 for Opportunity Scholarships.
Historically, the Committee has provided funding for the
School Improvement that is available until expended. The
Federal fiscal year and the school year do not align so
providing funding that is available for more than one fiscal
year gives the programs funded in this account flexibility in
managing these funds and ensuring these Federal funds are used
to improve the educational opportunities for the maximum number
of students.
The Committee is disappointed that the Administration's
budget request proposes to disregard the statutory formula
included in SOAR and eliminate funding for Opportunity
Scholarships. The Committee is troubled that the Administration
has once again caused uncertainty in the future of the program
for families in the District of Columbia. The funding provided
in fiscal year 2012 for Opportunity Scholarships was not
intended to pay for future year costs of students currently
enrolled in the program. It was intended to increase the number
of students participating in the program during the 2012-2013
school year. The Committee believes that funding available from
prior year appropriations should be made available to expand
the number of students receiving scholarships over the 5 year
SOAR authorization. The funding included in this Act for fiscal
year 2013 is provided to continue to expand the number of
students participating in the program. It is not intended to be
used for future year costs of the program.
FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA NATIONAL GUARD
Appropriation, fiscal year 2012....................... $375,000
Budget request, fiscal year 2013...................... 500,000
Recommended in the bill............................... 375,000
Bill compared with:
Appropriation, fiscal year 2012................... - - -
Budget request, fiscal year 2013.................. -125,000
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $375,000,
which is the same as fiscal year 2012 and $125,000 less than
the request. The Committee acknowledges the unique role of the
D.C. National Guard in addressing emergencies that may occur as
a result of the presence of the Federal Government. The
Committee's recommendation includes $375,000 for the Major
General David F. Wherley, Jr. District of Columbia National
Guard Retention and College Access Program to pay the costs of
a tuition assistance program for guard members.
FEDERAL PAYMENT FOR REDEVELOPMENT OF THE SAINT ELIZABETHS HOSPITAL
CAMPUS
Appropriation, fiscal year 2012....................... - - -
Budget request, fiscal year 2013...................... $9,800,000
Recommended in the bill............................... 9,800,000
Bill compared with:
Appropriation, fiscal year 2012................... +9,800,000
Budget request, fiscal year 2013.................. - - -
The Saint Elizabeths campus is being redeveloped to house
the headquarters for the Coast Guard beginning in 2013 and
additional Department of Homeland Security offices in the
future. In response to this development, the District of
Columbia is creating a center for innovation and
entrepreneurship.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $9,800,000 to
develop a center for innovation and entrepreneurship on the
campus as requested.
FEDERAL PAYMENT FOR TESTING AND TREATMENT OF HIV/AIDS
Appropriation, fiscal year 2012....................... $5,000,000
Budget request, fiscal year 2013...................... 5,000,000
Recommended in the bill............................... 5,000,000
Bill compared with:
Appropriation, fiscal year 2012................... - - -
Budget request, fiscal year 2013.................. - - -
Currently, 3.2 percent of the population of the District of
Columbia has been diagnosed with HIV. The World Health
Organization defines an HIV epidemic as ``severe'' when the
percent of infection among residents exceeds one percent.
COMMITTEE RECOMMENDATION
The Committee recommendation includes $5,000,000 for a
Federal payment for testing and treatment of HIV/AIDS which is
equal to fiscal year 2012 and the request.
District of Columbia Funds
This bill provides local funds for the operation of the
District of Columbia as approved by the District of Columbia
Council and the Mayor. The local budget proposed by the Mayor
provides an appropriation of $11,284,379,000 for operations of
the District of Columbia. This amount includes estimated
funding of $6,321,414,000 of local funds, $1,683,764,000 in
Medicaid payments, and the remainder from other Federal and
local funds.
TITLE V--INDEPENDENT AGENCIES
Bureau of Consumer Financial Protection
ADMINISTRATIVE PROVISIONS
In providing only the broadest strokes of information, the
Consumer Financial Protection Bureau (CFPB) budget begs for
further study and evaluation. The Committee invited the
Director to testify about CFPB's budget and activities and the
Director declined. The Committee provided the CFPB with
specific guidance about the annual report to the Committee of
Appropriations of the House of Representatives and the Senate,
as required by section 1017(e)(4) of Dodd-Frank Wall Street
Reform and Consumer Protection Act, and the CFPB has yet to
respond. While the Committee appreciates a briefing that the
Director provided to Subcommittee members, the Committee
remains disappointed that an agency dedicated to transparency
and accountability is not more forthcoming about how it uses or
what it accomplishes with hundreds of millions of dollars
extracted from the American economy. The bill includes the
following provisions:
Section 501. The Committee repeals the prohibition against
the Committees on Appropriations reviewing transfers from the
Federal Reserve System to the CFPB. Congress has a duty to
examine and critique the activities of the CFPB, especially
since its expenditures, like any other Federal agency,
contribute to a growing budget deficit.
Section 502. The Committee changes the CFPB's source of
funding from transfers from the Federal Reserve System to
annual appropriations beginning in fiscal year 2014. Under the
Dodd-Frank Wall Street Reform and Consumer Protection Act, the
CFPB can spend more than half a billion dollars without an
annual review by Congress. The Committee believes the CFPB
needs oversight as much as banks and nonbanks do and further
reminds the CFPB to remain steadfast to its mission to promote
fairness and transparency for mortgages, credit cards, and
other consumer financial products and services and not to stray
into consumer advocacy.
Section 503. The Committee directs the CFPB to submit
quarterly reports about its activities and to testify about its
activities when requested. The report shall include, among
other things, how the CFPB allocates its funds and staff.
Consumer Product Safety Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2012....................... $114,500,000
Budget request, fiscal year 2013...................... 122,425,000
Recommended in the bill............................... 114,500,000
Bill compared with:
Appropriation, fiscal year 2012................... - - -
Budget request, fiscal year 2013.................. -7,925,000
The Consumer Product Safety Act established the Consumer
Product Safety Commission (CPSC), an independent Federal
regulatory agency, to reduce the risk of injury associated with
consumer products.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $114,500,000
for the CPSC for fiscal year 2013, which is the same as fiscal
year 2012 and $7,925,000 less than the request.
As the agency with jurisdiction over tens of thousands of
consumer products, the CPSC has the opportunity to leverage its
resources and contacts within the manufacturing industry to
help drive education campaigns related to proper use of
consumer products. Through working with industry, voluntary
recalls have been largely successful. This cooperative
relationship with industry can help save lives and CPSC
resources, which can then be devoted to product recalls and
promulgating risk-based rules.
Import Safety.--The Committee remains supportive of the
Import Safety initiative which places CPSC investigators at key
ports of entry in order to stop defective products from
entering the United States. The CPSC's coordination with U.S.
Customs and Border Patrol (CBP) is a cost effective and
efficient use of CPSC resources and enforcement capabilities.
The Committee believes resources in this area are being spent
in a targeted and effective way and expects the CPSC to
continue to devote resources to this program.
GAO Study.--The Committee has included Section 628
requiring GAO to conduct a quantitative and qualitative cost
benefit analysis of the Consumer Product Safety Improvement Act
of 2008 (CPSIA). The Committee believes the CPSIA reform bill
passed this year (P.L. 112-28) addressed some of the concerns
related to lead limits and onerous third-party testing
requirements, but the Committee believes the reforms did not go
far enough and that an analysis of the impact of the CPSIA is
necessary.
Pool and Spa Safety.--The Committee provides $500,000 to be
available until September 30, 2014, for the pool and spa safety
grants program established by the Virginia Graeme Baker Pool
and Spa Safety Act. The Committee encourages the CPSC to
continue its pool and spa safety education campaign.
Election Assistance Commission
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
Appropriation, fiscal year 2012....................... $11,500,000
Budget request, fiscal year 2013...................... 11,500,000
Recommended in the bill............................... 5,750,000
Bill compared with:
Appropriation, fiscal year 2012................... -5,750,000
Budget request, fiscal year 2013.................. -5,750,000
The Election Assistance Commission (EAC) was established by
the Help America Vote Act of 2002 (HAVA) and is charged with
implementing provisions of that Act relating to the reform of
Federal election administration.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $5,750,000 for
EAC Salaries and Expenses, which is $5,750,000 less than fiscal
year 2012 and $5,750,000 less than the request. The
recommendation also provides for the transfer of $1,375,000 to
the National Institute of Standards and Technology (NIST) for
election reform activities, and provides $1,250,000 for the
Office of Inspector General.
The Committee strongly supports the successful
administration of Federal elections and appreciates the reasons
for why the EAC was originally created. However, the Committee
believes this agency is no longer effectively carrying out its
mandate. At present, all Commissioner, General Counsel, and
Executive Director positions are vacant, which leaves all
statutory positions within the EAC unfilled. All of the funds
appropriated for HAVA grants have been distributed to the
States, and for two years the Administration has not requested
additional grant funding. Without HAVA grants to distribute,
the work of the EAC consists of auditing HAVA grant money
previously distributed--a task carried out by the EAC Inspector
General--and examining new voting technologies--a task
subcontracted to NIST. The EAC has been unable to finalize
rules approving new standards that were due at the end of 2010,
nor is the agency able to hold hearings or rule on appeals.
This Committee is not advocating doing away with the
changes made to voting law in the Help America Vote Act of
2002. Rather, the Committee believes these laws should be
carried out by another agency better equipped to carry out
these functions, possibly the Federal Election Commission. The
Committee has included bill language addressing this issue,
stating that should any legislation--similar to H.R. 3463 as
passed by the House of Representatives on December 1, 2011--be
enacted during fiscal year 2013 terminating the EAC, all
unobligated balances may be transferred to the agency tasked
with carrying out the EAC's mandates, a responsibility the EAC
itself has been unable to attend to for over a year.
Federal Communications Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2012....................... $339,844,000
Budget request, fiscal year 2013...................... 346,782,000
Recommended in the bill............................... 322,852,000
Bill compared with:
Appropriation, fiscal year 2012................... -16,992,000
Budget request, fiscal year 2013.................. -23,930,000
The mission of the Federal Communications Commission (FCC)
is to implement the Communications Act of 1934 and assure the
availability of high quality communications services for all
Americans.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $322,852,000
for the Salaries and Expenses of the FCC for fiscal year 2013,
all of which is to be derived from offsetting collections. This
is $16,992,000 less than fiscal year 2012 and $23,930,000 less
than the request.
The Committee recommendation includes bill language,
similar to language 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
$322,852,000 in section 9 fees; (5) a prohibition on amounts
collected in excess of $322,852,000 from being available for
obligation; (6) a prohibition on remaining offsetting
collections from prior years from being available for
obligation; and (7) an increase to the cap on auction
administration for the implementation of incentive auctions, as
required by P.L. 112-96, to $98,738,000.
The Committee commends the Commission for realizing
significant savings by recompeting contracts this year. This is
laudable and a proactive way of economizing the Commission's
funds. The Committee hopes other agencies follow the FCC's
example in this area.
Political File Disclosure.--In April of 2012, the FCC
promulgated a rule requiring broadcasters to post the contents
of their political file online to a FCC-run database.
Opposition was expressed to the FCC's rule out of concern that
placing sensitive pricing information on the Internet would
distort the broadcasting marketplace and that broadcasters
would be burdened with additional costs by having to upload
this information to an FCC-run database. The Committee supports
disclosure of political spending but has concerns that if there
are multiple regulatory agencies maintaining on-line
information about political spending that this may create
confusion and waste resources. In order to understand the
impact of the FCC ruling on the broadcasting market and on the
operational costs of television stations and Federal
Government, the Committee directs the Government Accountability
Office (GAO) to analyze the implementation of this rule. At a
minimum, their report shall include the following:
(1) An analysis of the information maintained by the FCC
compared to the information maintained by the Federal Election
Commission to determine if there is duplication of costs
incurred by the Federal Government for maintaining different
systems for the purpose of reporting political spending and if
there are benefits or shortfalls to the public of having
multiple Federal regulatory agencies reporting political
spending.
(2) An analysis of the impact of requiring sensitive
broadcaster pricing information on a public FCC-run database,
including whether this information has or can be used for price
signaling or market manipulation.
(3) An analysis of the impact on the operational costs of
broadcasters of having to provide ``immediate'' updates to the
FCC-run database each time a political file is updated.
GAO shall report their findings by no later than July 1,
2013. Not later than 30 days after GAO has submitted its
analysis, the FCC shall report to the Appropriations Committees
in the House and Senate and authorizing committees of
jurisdiction on how they plan to address any concerns or
recommendations suggested by GAO. No later than September 1,
2013, the FCC shall report to the Committees on Appropriations
in the House and Senate and the authorizing committees of
jurisdiction on actions they have taken as a result of any
concerns or recommendations suggested by GAO.
Organizational Structure.--The Committee believes the
current organizational and management structure of the
Commission does not reflect the convergence in today's
telecommunications market. The increase in market-based
competition should result in a smaller Commission with fewer
staff. In order to address these issues, the Committee directs
the Commission to submit a review of the current FCC
organizational structure as well as a proposal for improvement
that reflects today's technology landscape and competitive
marketplace. This review should be submitted to the House and
Senate Committees on Appropriations within 180 days of
enactment of this Act.
Carriage Complaints.--The Committee urges the FCC to
fulfill its implementation obligations under the 1992 Cable Act
concerning program carriage decisions by multi-channel video
programming distributors and to establish a process for
expedited review of complaints made by independent channels or
others of statutory violations. While the FCC initiated a
further rulemaking in 2007 to address carriage complaint
substance and process, it did not adopt its Second Report and
Order addressing program carriage until 2011. However, the
Second Report and Order resolved only some of the issues
necessary to implement the statute. The remaining issues were
deferred to yet another rulemaking concerning carriage
complaint issues. While the FCC has made some notable progress,
the Committee urges the FCC to promptly complete the pending
rulemaking and fully implement and comply with the 1992 Cable
Act.
Broadband Access.--The Committee is concerned about the
disparity in access to broadband between the territories and
the 50 states. The Committee encourages the Commission to
implement policies that increase broadband accessibility and
adoption in the territories.
The Committee supports the actions proposed in the FCC's
Public Notice released on February 15, 2012 in IB Docket No.
11-109 (DA 12-214) and urges their prompt adoption. The
Committee has previously expressed concern about the potential
impact on Global Positioning Systems (GPS) of planned
terrestrial broadband operations in the L Band. However, the
Committee encourages the FCC to work with the licensee to
provide other spectrum to deploy broadband services while
heeding previous concerns regarding potential interference to
commercially available GPS devices. In fiscal year 2012, the
Committee restricted the FCC from using funds to allow for the
operation of a terrestrial broadband network in the L Band
until potential interference issues could be resolved. The
Committee is pleased that the FCC continues to engage in a
thorough examination of this issue. The Committee will continue
to monitor the FCC's consideration of future licenses and
waivers and remains concerned about the impact on GPS
functionality of terrestrial broadband networks in the L Band.
Regulatory Fees.--The offsetting collections provided for
the FCC are to recover the costs of its regulatory activities
including: enforcement activities, policy and rulemaking
activities, user information services, and international
activities as provided for in Section 9 of the Communications
Act. The Committee understands that despite the dramatic
changes that have occurred in the communications marketplace,
the methodology the FCC currently uses to derive its regulatory
fees is essentially the same as the one developed in 1994. The
Committee notes there is longstanding broad and bipartisan
support among Commissioners to update this methodology and is
pleased the FCC recently issued a Notice of Proposed Rulemaking
to address this issue. The Committee encourages the Commission
to issue a Final Rule in time for next year's payments by
regulated entities.
Rate Rebalancing.--The Committee is concerned that section
54.313(a)(10) of the FCC's rules (47 C.F.R. 54.313(a)(10)), as
amended in the Report and Order and Further Notice of Proposed
Rulemaking (FCC 11-161) adopted on October 27, 2011, does not
adequately address situations in which local exchange carriers
have already rebalanced local residential telephone service
rates pursuant to State laws or regulations. At least five
States adopted rate rebalancing structures prior to completion
of the FCC's order. These early adopter States set in place a
State rate-payer structure for basic local residential
telephone service that meets the goals of the FCC's Universal
Service Fund reform efforts. The Committee notes that as a
result of the FCC's order, local exchange carriers in early
adopter States must determine which laws and regulations to
violate, State or Federal, as they cannot comply with both. The
Committee encourages the FCC to reconsider section
54.313(a)(10) to allow for an alternative certification system
that provides long-term relief to early adopter States, and
takes into account capped, tariffed, or price-listed rates that
have been approved or allowed by State legislatures or
regulatory bodies in those States.
Federal Deposit Insurance Corporation
OFFICE OF THE INSPECTOR GENERAL
Appropriation, fiscal year 2012....................... $45,261,000
Budget request, fiscal year 2013...................... 34,568,000
Recommended in the bill............................... 34,568,000
Bill compared with:
Appropriation, fiscal year 2012................... -10,693,000
Budget request, fiscal year 2013.................. - - -
Funding for the Office of the Inspector General (OIG) at
the Federal Deposit Insurance Corporation (FDIC) is provided
pursuant to 31 U.S.C. 1105(a)(25), which requires a separate
appropriation account for appropriations for each Office of
Inspector General established under section 11(2) of the
Inspector General Act of 1978.
COMMITTEE RECOMMENDATION
The Committee recommends $34,568,000 from the Deposit
Insurance Fund and the Federal Savings and Loan Insurance
Corporation (FSLIC) Resolution Fund to finance the OIG for
fiscal year 2013, which is $10,693,000 less than fiscal year
2012 and the same as the request. The decrease in requested
funding is based on estimates of institution failures,
resolution and receivership activity, staffing levels, and
assessments of risk to the Deposit Insurance Fund.
Federal Election Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2012....................... $66,367,000
Budget request, fiscal year 2013...................... 66,367,000
Recommended in the bill............................... 66,367,000
Bill compared with:
Appropriation, fiscal year 2012................... - - -
Budget request, fiscal year 2013.................. - - -
The Federal Election Commission (FEC) administers the
disclosure of campaign finance information, enforces
limitations on contributions and expenditures, and performs
other tasks related to Federal elections.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $66,367,000
for the Salaries and Expenses of the FEC for fiscal year 2013,
which is the same as fiscal year 2012 and the same as the
request.
Federal Labor Relations Authority
SALARIES AND EXPENSES
Appropriation, fiscal year 2012....................... $24,723,000
Budget request, fiscal year 2013...................... 24,792,000
Recommended in the bill............................... 24,500,000
Bill compared with:
Appropriation, fiscal year 2012................... -223,000
Budget request, fiscal year 2013.................. -292,000
Established by title VII of the Civil Service Reform Act of
1978, the Federal Labor Relations Authority (FLRA) serves as a
neutral arbiter in the labor activities of non-postal Federal
employees, Departments and agencies, and Federal unions on
matters outlined in the Act, including collective bargaining
and the settlement of disputes. Establishment of the FLRA gives
full recognition to the role of the Federal Government as an
employer. Under the Foreign Service Act of 1980, the FLRA also
addresses similar issues affecting Foreign Service personnel by
providing full staff support for the Foreign Service Impasse
Disputes Panel and the Foreign Service Labor Relations Board.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $24,500,000
for the FLRA, which is $223,000 less than fiscal year 2012 and
$292,000 less than the request.
Federal Trade Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2012....................... $311,563,000
Budget request, fiscal year 2013...................... 300,000,000
Recommended in the bill............................... 285,500,000
Bill compared with:
Appropriation, fiscal year 2012................... -26,063,000
Budget request, fiscal year 2013.................. -14,500,000
The mission of the Federal Trade Commission (FTC) is to
enforce a variety of Federal antitrust and consumer protection
laws. Appropriations for both the Antitrust Division of the
Department of Justice and the Commission are partially financed
with Hart-Scott-Rodino Act pre-merger filing fees. The
Commission's appropriation is also partially offset by Do-Not-
Call registry fees.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $285,500,000
for the Salaries and Expenses of the FTC for fiscal year 2013,
which is $26,063,000 less than fiscal year 2012 and $14,500,000
less than the request. The Congressional Budget Office
estimates $115,000,000 of collections from Hart-Scott-Rodino
premerger filing fees and $15,000,000 of collections from Do-
Not-Call list fees will partially offset the appropriation
requirement for this account.
Duplicative Rulemaking.--The creation of the Bureau of
Consumer Financial Protection (CFPB) transferred some areas of
consumer protection jurisdiction, once the sole purview of the
FTC, to the CFPB. Duplicative efforts in regulatory rulemaking
are unhelpful to agencies and the American taxpayer. The
Committee believes the FTC should be able to work within the
funding amount included in this bill as some of their consumer
protection jurisdiction has transferred to the CFPB. The
Committee expects the FTC to continue to work with CFPB to
ensure duplicative efforts on rulemakings are avoided before
agency resources are wasted.
Wasteful Spending.--This Committee was disappointed to
learn of the FTC's purchase of 6,000 beer ``koozies'' as part
of the ``We Don't Serve Teens'' education campaign. The
intention of the FTC's consumer education campaign related to
the impact of alcohol advertising on teen drinking is sensible.
However, this purchase was a lapse in judgment by the
Commission and a waste of taxpayer dollars. In a budget climate
where every dollar counts, the Commission should have been more
thoughtful about its use of taxpayer funds. This funding could
have been better spent on uncovering fraud and other FTC
priorities. The Committee expects this lapse in judgment in the
use of taxpayer dollars to be taken seriously by the Commission
and expects the FTC to vet future discretionary purchases by
all offices.
Gas Price Manipulation.--High gas prices hurt American
workers at a time when the economy is still recovering. The
Committee is supportive of the FTC's efforts in monitoring
price manipulation and anticompetitive behavior in the oil and
natural gas sector. The Committee understands that
investigations are ongoing in this area and directs the FTC to
continue to update the Committees on Appropriations of the
House and Senate of any findings related to abuses in this
area.
The Committee is concerned by the rising rate of money
transfer crimes, referred to as grandparent scams or emergency
scams, in which a victim is scammed into making a money
transfer they believe is needed to help a relative or friend.
Funds are often transferred out of the country and victims have
little recourse in bringing charges or recovering their money.
The Committee directs the Federal Trade Commission to issue a
report to the Committee within 90 days after the date of
enactment of this Act on its plan to better coordinate with
foreign consumer protection and law enforcement departments to
prevent money transfer crimes and identify and prosecute
offenders.
General Services Administration
REAL PROPERTY ACTIVITIES
FEDERAL BUILDINGS FUND
LIMITATIONS ON AVAILABILITY OF REVENUE
(INCLUDING TRANSFER OF FUNDS)
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2012...... $8,017,967,000
Limitation on availability, budget estimate, 8,619,098,000
fiscal year 2013.....................................
Recommended in the bill........................... 7,916,630,000
Bill compared with:
Availability limitation, fiscal year 2012......... -101,337,000
Availability limitation, fiscal year 2013 request. -702,468,000
The Federal Buildings Fund (FBF) finances the activities of
the Public Buildings Service (PBS), which provides space and
services for Federal agencies in a relationship similar to that
of landlord and tenant. The FBF, established in 1975, replaces
direct appropriations by using income derived from rent
assessments, which approximate commercial rates for comparable
space and services. The Committee makes funds available through
a process of placing limitations on obligations from the FBF as
a way of allocating funds for various FBF activities.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation on the availability
of funds of $7,916,630,000 for the FBF, which is $101,337,000
less than the fiscal year 2012 and $702,468,000 less than the
request.
To carry out the purposes of the FBF, the revenues and
collections deposited into the FBF shall be available for
necessary expenses in the aggregate amount of $7,916,630,000 of
which: $50,000,000 is for construction and acquisition,
$395,000,000 is for repairs and alterations, $119,589,000 is
for installment acquisition payments (including payments on
purchase contracts), $5,210,198,000 is for rental of space,
$1,094,972,000 is for building operations and maintenance, and
$1,046,871,000 is for Public Buildings Service, Salaries and
Expenses.
The Committee is aghast by the raw display of malfeasance
conducted at the 2010 PBS Western Regions Conferences (WRC) and
accomplished through PBS Region 9's ``Hats Off'' employee
rewards program. Self-enrichment has no place in public
service. Disregard for the vast body of existing Federal laws
and regulations about procurement, ethics, and travel combined
with the access to the FBF led to unimaginable abuses.
To that end, the Committee abolishes the ``Building
Operations'' account which financed the costs of the WRC and
the ``Hats Off'' program and replaces it with two new accounts.
The ``Building Operations and Maintenance'' account funds
services that keep buildings running and that directly benefit
Federal agencies in GSA-owned buildings and, when not provided
by the lessor, GSA-leased buildings. Whereas, the ``Public
Buildings Service, Salaries and Expenses'' account funds the
cost of running PBS, which primarily consists of the salaries
and benefits of engineers, architects, building and project
managers, inspectors, contract specialists, and accountants,
plus the tools that they use for their jobs such as office
equipment and supplies, information technology, and support
staff.
The level of funding provided by the Committee for
``Building Operations and Maintenance'' and ``Public Buildings
Service, Salaries and Expenses'' ensures resources are adequate
to address expenses necessary to oversee a construction
project, keep a Federal building in working condition, and
negotiate new leases, but scarce enough to starve out opulence
and frivolity.
The Committee appreciates the Administration's efforts to
reduce the Federal footprint by selling excess properties and
discouraging Federal agencies from acquiring more space. The
pace of these efforts, however, is too slow for the country to
afford. Every Administration promises and fails to reduce the
cost and amount of space the Federal government consumes. For
example, in the request, the FBF seeks an increase of
$338,385,000 for the Rental of Space (i.e., lease payments that
GSA makes to private building owners) and 710,000 more square
feet in leased space, when the Federal government owns 14,000
vacant properties. Increases in space also lead to increases in
building operations and maintenance costs. The Committee
appropriated $4.5 billion from the American Recovery and
Reinvestment Act of 2009 (ARRA) for energy and water
conservation measures. The majority of these projects are
completed and the cost-savings associated with these measures
are supposed to be accruing to GSA and reducing the costs of
building operations and maintenance. But the request for
building operations and maintenance keeps rising.
The Committee tempers the insatiable appetite for space by
imposing a total square feet limitation on the FBF and
including $100,000,000 to increase the efficient use of space
through reconfiguring and consolidating space. GSA can no
longer tarry in reducing the Federal footprint nor continue to
burden the American taxpayer with the high cost of inefficient
space management. The combination of the total square feet
limitation and the funds for consolidating space effectuates
section 3 of the Administration's memorandum to agencies on
``Promoting Efficient Spending to Support Agency Operations''
(May 11, 2012) that creates ``paygo'' for building space. That
is to say, the ``acquisition of new Federal building space . .
. must be offset through consolidation, co-location, or
disposal of property.''
In order to conduct better oversight of FBF activities, the
Committee requires GSA to submit a detailed report about the
use of all FBF funds, including unobligated balances. In prior
years, the Committee only required a report for construction
and acquisition and repair and alternations. The Committee
further requires in section 514 that GSA submit quarterly
expenditure reports for all GSA appropriations, including the
FBF, to monitor how planned expenditures compare to actual
expenditures. Section 505 allows GSA to deviate from their
planned FBF expenditures with the prior approval of the
Committee.
The Committee directs GSA to use its 2013 funding to
prepare a 2014 request for less space (section 507) and to
include the following information in its 2014 congressional
justification for the prior year, current year, and budget
year:
1. The amount of PBS Salaries and Expenses and personnel
divided among the FBF's activities (i.e., construction and
acquisition, repair and alterations, leasing, building
operations and maintenance);
2. The amount of PBS Salaries and Expenses and personnel
divided between headquarters and each region; and
3. For each region, the number of occupancy agreements,
leases, buildings, and total square feet in its portfolio with
leased and owned subtotals; the square feet of property sold,
transferred, or otherwise disposed of; rental revenue with
leased and owned subtotals; the lease cost relative to market
for each lease; the Federal agencies that are above, below, or
equal to the Federal benchmark of 218 rentable square feet per
person for office space; and building operations and
maintenance costs.
The Committee expects the GSA to notify and to consult with
the Committee about mergers, reorganizations, realignments, and
other changes to GSA's organizational or reporting structure in
accordance with section 608. The Committee is disappointed that
GSA has been uncommunicative about the changes that are
underway or under consideration as a result of the OIG
investigation into the WRC, such as creating the Office of
Administrative Services and changing the organizational
structure of the budget and financial management
responsibilities within the Public Building Service (PBS), the
Federal Acquisition Service (FAS), and the Office of the Chief
Financial Officer. Notice and consultation about these changes
would have demonstrated that GSA recognizes the Committee as a
partner, not as an obstacle. The Committee strongly objects to
GSA merging PBS and FAS or the Federal Buildings Fund and
Acquisition Services Fund without first seeking specific
authorization and appropriations from Congress.
CONSTRUCTION AND ACQUISITION
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2012...... $50,000,000
Limitation on availability, budget estimate, 56,000,000
fiscal year 2013.....................................
Recommended in the bill........................... 50,000,000
Bill compared with:
Availability limitation, fiscal year 2012......... - - -
Availability limitation, fiscal year 2013 request. -6,000,000
The construction and acquisition activity funds the project
cost of design, construction, and management and inspection
costs of new Federal facilities as well as the acquisition of
land and buildings.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $50,000,000 to
remain available until fiscal year 2015 for acquisition, which
is the same as fiscal year 2012 and $6,000,000 less than the
request. The funds provided under this heading are intended
only to purchase space that GSA is currently leasing if the
purchase cost will reduce the costs to the FBF. No personnel
are funded in this account.
Unless GSA follows the reprogramming process in section 608
that requires the approval of the Committees, the GSA is
prohibited from using either funding appropriated for any
construction or prospectus-level repair and alterations project
yet to be completed or the proceeds from the sale of land from
the yet-to-be-completed project other than to address the need
for space for which the project was intended.
REPAIRS AND ALTERATIONS
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2012...... $280,000,000
Limitation on availability, budget estimate, 494,768,000
fiscal year 2013.....................................
Recommended in the bill........................... 395,000,000
Bill compared with:
Availability limitation, fiscal year 2012......... +115,000,000
Availability limitation, fiscal year 2013 request. -99,768,000
The repairs and alterations activity funds the project cost
of design, construction and management and inspection for the
repair, alteration, and modernization of existing real estate
assets in addition to various special programs.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $395,000,000 to
remain available until expended for repairs and alterations,
which is $115,000,000 more than fiscal year 2012 and
$99,768,000 less than the request. No personnel are funded in
this account.
Repair and Alterations Programs.--The limitation consists
of $20,000,000 for the Judiciary Capital Security program;
$100,000,000 for Consolidations; $25,000,000 for Fire, Safety,
and Life projects; and $250,000,000 for Basic Repairs and
Alterations.
Judiciary Capital Security.--It is neither affordable nor
practical to construct new courthouses to mitigate the risk of
all potential violence. The shape and form of threats change
over time and many risks can be addressed cost-effectively and
expeditiously by modifying existing courthouses. The detailed
plan regarding the use of these funds is to be jointly prepared
by GSA and the Judiciary in consultation with the U.S. Marshals
Service and include a full discussion about the project
selection process.
Consolidations.--The Committee strongly supports the cost-
efficient use of Federal office space. Cost-efficiency is
achieved when the cost of a given amount of office space is at
its irreducible minimum to accomplish a Federal agency's
mission. Since Federal agencies vary in size, mission, and
location, the measure of cost-efficiency is the cost per square
foot per full-time equivalent (FTE). Agencies can affect this
measure by changing either their location or amount of square
feet of space that they rent, but more importantly by how they
use their space. The Committee notes that GSA's Office of
Government-wide Policy developed a benchmark study of the most
efficient and optimal use of office space, which recommends
moving away from the hierarchical use of space and to increase
telework and workplace sharing.
To that end, the Committee provides $100,000,000 to
increase the cost-efficient use of office space. The funds are
available to configure office space, in either owned or leased
buildings, and to pay for associated moving expenses that
ultimately results in GSA either exiting leases, disposing of
underutilized buildings, or turning underutilized buildings
into fully utilized buildings. The detailed plan regarding the
use of these funds is to be reviewed by the Government
Accountability Office. Once implemented, these actions will
reduce the Federal government's footprint and costs. The
Committee strongly recommends cost-sharing between GSA and the
affected tenant agencies and expects the Office of Management
and Budget to review cost-sharing plans.
Fire, Safety, and Life.--The Committee provides $25,000,000
to improve building safety, abate hazardous material, and
repair structural deficiencies. These projects include, but are
not limited to, fire alarm, sprinkler, electrical, ventilation,
heating, and elevator systems.
Basic.--The Committee provides $250,000,000 for non-
recurring repairs and alterations projects between $10,000 and
the current prospectus threshold of $2,790,000.
INSTALLMENT ACQUISITION PAYMENTS
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2012...... $126,801,000
Limitation on availability, budget estimate, 119,589,000
fiscal year 2013.....................................
Recommended in the bill........................... 119,589,000
Bill compared with:
Availability limitation, fiscal year 2012......... -7,212,000
Availability limitation, fiscal year 2013 request. - - -
The installment acquisition payments are interest payments
to the Federal Financing Bank for facilities constructed under
the Public Building Amendment of 1972 and lease-purchase
agreements since 1987, consisting of a total of 80 projects.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $119,589,000 for
installation acquisition payments, which is $7,212,000 less
than fiscal year 2012 and the same as the request. No personnel
are funded in this account.
RENTAL OF SPACE
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2012...... $5,210,198,000
Limitation on availability, budget estimate, 5,548,583,000
fiscal year 2013.....................................
Recommended in the bill........................... 5,210,198,000
Bill compared with:
Availability limitation, fiscal year 2012......... - - -
Availability limitation, fiscal year 2013 request. -338,385,000
The rental of space program funds lease payments made to
privately-owned buildings, temporary space for Federal
employees during major repair and alteration projects, and
relocations from Federal buildings due to forced moves and
relocations as a result of health and safety conditions.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $5,210,198,000 for
rental of space, which is the same as fiscal year 2012 and
$338,385,000 less than the request. No personnel are funded in
this account.
BUILDING OPERATIONS AND MAINTENANCE
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2012*..... $1,119,097,000
Limitation on availability, budget estimate, 1,149,210,000
fiscal year 2013*....................................
Recommended in the bill........................... 1,094,972,000
Bill compared with:
Availability limitation, fiscal year 2012......... -24,125,000
Availability limitation, fiscal year 2013 request. -54,238,000
*Funding for this activity was previously provided and requested within
the Buildings Operations heading, which the recommendation proposes to
eliminate.
The building operations and maintenance program funds
services that Federal agencies in GSA-owned buildings and
occasionally in GSA-leased buildings, when not provided by the
lessor, directly benefit from such as building security,
cleaning, utilities, window washing, snow removal, pest
control, and maintenance of heating, air conditioning,
ventilating, plumbing, sewage, electrical, elevator, escalator,
and fire protection systems.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $1,094,972,000 for
Building Operations and Maintenance, which is $24,125,000, or
two percent, less than fiscal year 2012 and $54,238,000, or 4.7
percent, less than the request. No personnel are funded in this
account.
PUBLIC BUILDINGS SERVICE
SALARIES AND EXPENSES
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2012*..... $1,231,871,000
Limitation on availability, budget estimate, 1,250,948,000
fiscal year 2013*....................................
Recommended in the bill........................... 1,046,871,000
Bill compared with:
Availability limitation, fiscal year 2012......... -185,000,000
Availability limitation, fiscal year 2013 request. -204,077,000
*Funding for this activity was previously provided and requested within
the Buildings Operations heading, which the recommendation proposes to
eliminate.
The Public Buildings Service (PBS) Salaries and Expenses
account funds all the personnel and administrative expenses for
carrying out construction and acquisition, repair and
alteration, and leasing activities. The project or program
costs of these activities are funded separately.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $1,046,871,000 for
Public Buildings Service (PBS) Salaries and Expenses, which is
$185,000,000, or 15 percent, less than fiscal year 2012 and
$204,077,000, or 16 percent, less than the request. The
Committee recommends no more than 6,600 full-time equivalents
and 419,664,000 total square feet of GSA-owned and leased space
as reported in the Federal Real Property Council's ``FY 2010
Federal Real Property Report.''
GENERAL ACTIVITIES
GOVERNMENT-WIDE POLICY
Appropriation, fiscal year 2012....................... $61,115,000
Budget request, fiscal year 2013...................... 84,182,000
1Recommended in the bill.............................. 61,115,000
Bill compared with:
Appropriation, fiscal year 2012................... - - -
Budget request, fiscal year 2013.................. -23,067,000
The Office of Government-Wide Policy provides Federal
agencies with guidelines, best practices, and performance
measures for complying with all the laws, regulations, and
executive orders related to: acquisition and procurement,
personal and real property management, travel and
transportation management, electronic customer service
delivery, and use of Federal advisory committees.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $61,115,000,
which is the same as fiscal year 2012 and $23,067,000 less than
the request. None of the funds for the Office are available for
acquisition-related systems that collect information about
campaign contributions.
Green Buildings.--The Committee shares the GSA's goal of
reducing the building expenses through the efficient use of
energy and water. The Committee is concerned, however, that
GSA's current green building policies and practices are
tailored to reflect the standards of a specific third-party
certification system rather than the public interest in greater
energy and water efficiency. All agencies should be wary of
becoming captured; no third-party certification program has a
monopoly on how to attain efficiency, much less sustainability.
For example, efficiency and sustainability can be achieved not
just through the design of buildings or major renovations and
the selection of materials, but also through proper building
maintenance and usage, building codes, energy codes, energy
efficiency rating systems, or a combination thereof. The
Committee encourages GSA to take a comprehensive and science-
based approach to the certification of green buildings,
recognizing there are the multiple means to the same end.
Greening projects for Federal buildings should not be
undertaken unless GSA can clearly justify that the additional
expenses will be more than offset by a reduction in subsequent
operating expenses as a result of the project. The Committee
directs GSA to report by March 15, 2013, on how it measures and
monitors building operations costs; how it divides these costs
among tenant agencies; and how it can give tenant agencies a
greater ability to affect their consumption, and therefore,
their cost of building services. The Committee also directs the
GSA to notify the Committee 15 days before it initiates a green
building certification and to report the expense and usage
(expressed in kWt, BTU, gallons, MLBS, or as appropriate) in
energy and water for the past five years prior to the
certification and the estimated projected expense and usage in
energy and water after the certification. For new construction,
the point of reference is a building of comparable size in a
comparable market. Expenses are defined as outlays from the
Federal Buildings Fund.
GSA completed a study of third-party green certification
systems as required by the Energy Independence and Security Act
in May and plans to make a final recommendation to the
Secretary of Energy in the fall. The Committee appreciates the
six interagency taskforce meetings and two public listening
sessions that GSA is planning to hold. Given the intense level
of interest in this topic, however, the Committee is
disappointed that GSA has decided to limit the public to a two-
hour session in person, a two-hour webconference, and a 60 day
comment period.
GSA contracting issues.--The Committee is concerned about
untimely payments between prime contractors and subcontractors.
Small businesses are often subcontractors and late payments
from prime contractors create serious cash flow management
problems for these small businesses. The Committee expects the
Federal Acquisition Regulations (FAR) Council, of which GSA is
a member, to promulgate regulations that prevent payment
failures or delays to small business subcontractors in
accordance with section 1334 of the Small Business Jobs Act of
2010. These regulations would require, among other things, the
public identification of prime contractors who have a history
of unjustified and untimely payments to subcontractors and
require Federal agencies to consider this information in past
performance evaluations of prime contractors.
Policymaking.--The Committee appreciates the benchmark
studies, rules, coordination, evaluations, models, and reports
that the Office provides on personal and real property, travel
and transportation, aircraft and motor vehicle fleet
management, procurement, mail management, and use of Federal
advisory committees. A conscientious agency that wishes to
abide by Federal laws and regulations, use best practices, and
improve cost-efficiency will follow the Office's policies and
regulations. The Committee expects GSA to be a conscientious
agency.
REAL AND PERSONAL PROPERTY MANAGEMENT AND DISPOSAL
Appropriation, fiscal year 2012*...................... $30,024,000
Budget request, fiscal year 2013*..................... 28,523,000
Recommended in the bill............................... 28,444,000
Bill compared with:
Appropriation, fiscal year 2012................... -1,580,000
Budget request, fiscal year 2013.................. -79,000
*Funding for this activity was previously provided and requested within
the Operating Expenses heading, which the recommendation proposes to
eliminate.
The account funds the Personal Property Utilization and
Donation program, which transfers personal property no longer
needed by a Federal agency to other Federal agencies, State and
local governments, and nonprofit organizations. The account
also funds the Office of Real Property Utilization and
Disposal, which transfers or sells unneeded property assets to
benefit the Federal government and surrounding communities.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $28,444,000,
which is $1,580,000 less than fiscal year 2012 and $79,000 less
than the request. Funding for these activities was previously
funded and requested within the Operating Expenses heading,
which the recommendation proposes to eliminate in order to
separate administrative from program expenses.
OFFICE OF THE ADMINISTRATOR
Appropriation, fiscal year 2012*...................... $29,955,000
Budget request, fiscal year 2013*..................... 29,820,000
Recommended in the bill............................... 28,136,000
Bill compared with:
Appropriation, fiscal year 2012................... -1,819,000
Budget request, fiscal year 2013.................. -1,684,000
*Funding for this activity was previously provided and requested within
the Operating Expenses heading, which the recommendation proposes to
eliminate.
The Office of the Administrator account funds GSA's
executive leadership offices: the Administrator; the Regional
Administrators; the Office of Congressional and
Intergovernmental Affairs; the Office of Emergency Response and
Recovery; and the Office of Communications and Marketing.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $28,136,000,
which is $1,819,000 less than fiscal year 2012 and $1,684,000
less than the request. Funding for these activities was
previously funded and requested within the Operating Expenses
heading, which the recommendation proposes to eliminate in
order to separate administrative from program expenses.
Phosphors Recycling.--The Committee directs the GSA to
report, within 60 days of enactment of this Act, on how and
whether the US government could capture its fluorescent
lighting waste stream and make the material available to
private sector companies who can remove the rare earth
phosphors, reprocess and separate them in an environmentally
superior manner, and get them back into the rare earth supply
chain.
Virtual Employees.--The Committee supports the goals of
GSA's Mobility and Telework Policy (GSA Order HCO 6040.1), but
is concerned that weak controls over virtual and distributed
work arrangements may have led to undesirable outcomes such as
either excessive travel costs or poor employee oversight. The
benefits of virtual and distributed work arrangements should
accrue to the American public in the form of more efficient and
effective services. The Committee directs GSA not later than 90
days after enactment of this Act to submit a report on virtual
and distributed work arrangements, including their number by
bureau and by regional and headquarters offices; how GSA
measures and monitors their effect on productivity; how GSA
holds employees and managers accountable for meeting
performance standards; the cost of related travel, equipment,
supplies, and services; and how information and data is
safeguarded.
CIVILIAN BOARD OF CONTRACT APPEALS
Appropriation, fiscal year 2012*...................... $9,521,000
Budget request, fiscal year 2013*..................... 9,045,000
Recommended in the bill............................... 9,025,000
Bill compared with:
Appropriation, fiscal year 2012................... -496,000
Budget request, fiscal year 2013.................. -20,000
*Funding for this activity was previously provided and requested within
the Operating Expenses heading, which the recommendation proposes to
eliminate.
The Civilian Board of Contract Appeals was established in
2006 to hear and decide contract disputes between contractors
and agencies. The Board's authority extends to all agencies
except for the Department of Defense, the National Aeronautics
and Space Administration, the United States Postal Service, the
Postal Regulatory Commission, and the Tennessee Valley
Authority.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $9,025,000,
which is $496,000 less than fiscal year 2012 and $20,000 less
than the request. Funding for these activities was previously
funded and requested within the Operating Expenses heading,
which the recommendation proposes to eliminate in order to
separate administrative from program expenses.
OFFICE OF INSPECTOR GENERAL
Appropriation, fiscal year 2012....................... $58,000,000
Budget request, fiscal year 2013...................... 58,960,000
Recommended in the bill............................... 68,000,000
Bill compared with:
Appropriation, fiscal year 2012................... +10,000,000
Budget request, fiscal year 2013.................. +9,040,000
This appropriation provides agency-wide audit and
investigative functions to identify and correct GSA management
and administrative deficiencies that create conditions for
existing or potential instances of fraud, waste, and
mismanagement. The audit function provides internal and
contract audits. Internal audits review and evaluate all facets
of GSA operations and programs, test internal control systems,
and develop information to improve operating efficiencies and
enhance customer services. Contract audits provide professional
advice to GSA contracting officials on accounting and financial
matters relative to the negotiation, award, administration,
repricing, and settlement of contracts. The investigative
function provides for the detection and investigation of
improper and illegal activities involving GSA programs,
personnel, and operations.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $68,000,000,
which is $10,000,000 more than fiscal year 2012 and $9,040,000
more than the request. Of the funds provided, $10,000,000 is
available until expended for investigations and audits related
to travel, conferences, employee reward programs, and other
agency programs and activities.
The Committee commends the Inspector General and his staff
for their investigation into the 2010 Public Buildings Service
Western Regions Conference and the ``Hats Off'' employee reward
program. The willful disregard for Federal procurement and
travel laws by the very agency responsible for promulgating
Federal procurement and travel regulations is abhorrent.
ELECTRONIC GOVERNMENT FUND
Appropriation, fiscal year 2012....................... $12,400,000
Budget request, fiscal year 2013...................... 16,665,000
Recommended in the bill............................... 16,665,000
Bill compared with:
Appropriation, fiscal year 2012................... +4,265,000
Budget request, fiscal year 2013.................. - - -
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 an appropriation of $16,665,000,
which is $4,265,000 more than fiscal year 2012 and the same as
the request. If the responsibility for USAspending.gov is
changed by statute, then the funds under this heading are
transferred to the agency with that responsibility.
In order to continue the review of ``e-initiatives,'' the
Committee directs GSA and the Office of Management and Budget
to submit a detailed expenditure plan prior to obligation of
funds under this account. The plan should describe the projects
selected, and the budget, timeline, objectives and expected
benefits and savings realized for each project.
ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS
Appropriation, fiscal year 2012....................... $3,671,000
Budget request, fiscal year 2013...................... 3,779,000
Recommended in the bill............................... 3,700,000
Bill compared with:
Appropriation, fiscal year 2012................... +29,000
Budget request, fiscal year 2013.................. -79,000
As authorized by law, this appropriation provides for the
pensions, office staffs, and related expenses for former
Presidents Jimmy Carter, George H.W. Bush, William Clinton, and
George W. Bush. The account also funds postal franking
privileges for the widow of former President 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 $3,700,000 for
allowances and office staff of former Presidents, which is
$29,000 more than fiscal year 2012 and $79,000 less than the
request.
FEDERAL CITIZEN SERVICES FUND
Appropriation, fiscal year 2012....................... $34,100,000
Budget request, fiscal year 2013...................... 31,751,000
Recommended in the bill............................... 31,700,000
Bill compared with:
Appropriation, fiscal year 2012................... -2,400,000
Budget request, fiscal year 2013.................. -51,000
The Federal Citizen Services Fund provides the public with
direct information about all aspects of Federal programs,
benefits, and services through websites, a toll-free call
center, and printed publications. 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 incidental. All are available as authorized in
appropriation acts without regard to fiscal year limitations.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $31,700,000,
which is $2,400,000 less than fiscal year 2012 and $51,000 less
than the request.
EXPENSES, PRESIDENTAL TRANSITION
Appropriation, fiscal year 2012....................... $- - -
Budget request, fiscal year 2013...................... 8,947,000
Recommended in the bill............................... 8,947,000
Bill compared with:
Appropriation, fiscal year 2012................... +8,947,000
Budget request, fiscal year 2013.................. - - -
In the event of a change in Administration, transition
funds are available to the incoming Administration beginning on
the day following the general election and ending 30 days
following the inauguration. Funds are also available for
expenses of the outgoing President and Vice President from 30
days before, until six months after, their terms of office
expire. These funds may be used for activities such as
compensation for transition office staffs, acquiring
communication services, providing allowances for travel and
subsistence, and for printing and postage costs.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $8,947,000 for
allowances and office staff of former Presidents, which is the
same as the request.
Administrative Provisions--General Services Administration
(INCLUDING TRANSFERS OF FUNDS)
(RESCISSION)
Section 504. The Committee continues the provision
providing authority for the use of funds for the hire of motor
vehicles.
Section 505. The Committee modifies 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 to apply to funds provided in
prior appropriations Acts.
Section 506. The Committee continues the provision
requiring funds proposed for developing courthouse construction
requests to meet appropriate standards and the priorities of
the Judicial Conference.
Section 507. The Committee requires GSA to prepare a 2014
budget request with a total inventory of space less than the
inventory in 2013.
Section 508. 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 509. The Committee continues the provision that
permits GSA to pay small claims (up to $250,000) made against
the Federal government.
Section 510. 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 511. To prevent the accumulation of unused, vacant
property, the Committee requires GSA to have both the
authorization and appropriation for construction before taking
land from private land owners.
Section 512. The Committee requires GSA to apply current
limitations on employee awards to fiscal year 2013 funding.
Total spending on individual performance awards for members of
the Senior Executive Service (SES) and senior-level (SL) and
scientific and professional (ST) employees is limited to no
more than five percent of their aggregate salaries. Total
spending on individual performance awards for non-SES/SL/ST
employees is limited to no more than one percent of their
aggregate salaries.
The Committee will not tolerate a culture of Federal
employees putting their interest before the public interest.
The Committee directs GSA to report not later than 60 days
after the enactment of this Act on how it plans to reform its
performance awards to recognize only uncommon merit,
performance management to take action with regards to poor
performers, and organizational culture to uphold the highest
ethical standards.
Section 513. The Committee requires the GSA Administrator
to certify that the cost of conferences are appropriate and
comply with all travel and conference laws and regulations.
Section 514. The Committee requires GSA to submit quarterly
spending reports on the activities of the Federal Buildings
Fund.
Section 515. The Committee requires GSA to submit a
detailed report on the amounts that the Working Capital Fund
charges to each office for services.
Harry S Truman Scholarship Foundation
Appropriation, fiscal year 2012....................... $748,000
Budget request, fiscal year 2013...................... - - -
Recommended in the bill............................... 748,000
Bill compared with:
Appropriation, fiscal year 2012................... - - -
Budget request, fiscal year 2013.................. +748,000
The Harry S Truman Scholarship Foundation is an independent
agency established by Congress in 1975 (Public Law 93-642) to
encourage exceptional college students to pursue careers in
public service through the Truman Scholarship program. The
Truman Scholarship is a merit-based award available to college
juniors who plan to pursue careers in government or elsewhere
in public service. Truman Scholars receive up to $30,000 for
graduate or professional school, participate in leadership
development activities, and have special opportunities for
internships and employment with the Federal government.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $748,000 for
the Harry S Truman Foundation, which is the same as fiscal year
2012, $748,000 more than the President's request and $652,000
less than the Foundation's request.
Merit Systems Protection Board
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2012....................... $42,603,000
Budget request, fiscal year 2013...................... 40,993,000
Recommended in the bill............................... 40,993,000
Bill compared with:
Appropriation, fiscal year 2012................... -1,610,000
Budget request, fiscal year 2013.................. - - -
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 $40,993,000
for the MSPB, which is $1,610,000 less than fiscal year 2012
and equal to the request. The recommendation includes a
transfer of $2,345,000 from the Civil Service Retirement and
Disability Fund.
Morris K. Udall and Stewart L. Udall Foundation
MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND
Appropriation, fiscal year 2012....................... $2,200,000
Budget request, fiscal year 2013...................... 2,200,000
Recommended in the bill............................... 2,200,000
Bill compared with:
Appropriation, fiscal year 2012................... - - -
Budget request, fiscal year 2013.................. - - -
The Morris K. Udall and Stewart L. Udall Foundation was
established in honor of the public service of Congressman
Morris K. Udall, and Congressman and Secretary of the Interior
Stewart L. Udall. The Foundation administers scholarship,
internship and research grant programs that promote educational
opportunities and careers related to the environment, Native
health care and tribal public policy. The Foundation also
provides leadership training and tribal management as well as
environmental conflict resolution services for Federal
agencies.
COMMITTEE RECOMMENDATION
The Committee recommends $2,200,000 for the Morris K. Udall
and Stewart L. Udall Trust Fund, which is the same as fiscal
year 2012 and the request.
ENVIRONMENTAL DISPUTE RESOLUTION FUND
Appropriation, fiscal year 2012....................... $3,792,000
Budget request, fiscal year 2013...................... 3,800,000
Recommended in the bill............................... 3,792,000
Bill compared with:
Appropriation, fiscal year 2012................... - - -
Budget request, fiscal year 2013.................. -8,000
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 $3,792,000 for the Environmental
Dispute Resolution Fund, which is the same as fiscal year 2012
and $8,000 less than the request.
National Archives and Records Administration
For fiscal year 2013, the Committee recommendation for the
National Archives and Records Administration (NARA) includes
funding for the Operating Expenses, Office of Inspector
General, Repairs and Restoration and the National Historical
Publications and Records Commission. The Committee recommends a
total appropriation of $368,673,000 for NARA in fiscal year
2013, which is $7,827,000 less than fiscal year 2012 and
$1,102,000 less than the request.
OPERATING EXPENSES
Appropriation, fiscal year 2012....................... $373,300,000
Budget request, fiscal year 2013...................... 371,675,000
Recommended in the bill............................... 371,073,000
Bill compared with:
Appropriation, fiscal year 2012................... -2,227,000
Budget request, fiscal year 2013.................. -602,000
This appropriation provides NARA with funds for its basic
operations for management of the Federal government's archives
and records, services to the public, operation of Presidential
libraries, review for declassification of classified security
information, and includes the Electronic Records Archives which
preserves, stores, and manages digital Federal records for
archival purposes, ensuring long-term access.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $371,073,000
for the operating expenses of NARA, which is $2,227,000 less
than fiscal year 2012 and $602,000 less than the request.
The Committee is concerned about recent reports regarding
missing classified material. The Committee is aware that the
Archivist is working to address these concerns and will
continue to monitor NARA's progress on this matter.
The Committee is aware of efforts by NARA to make available
to the public formerly classified documents related to
atrocities committed in and around the Katyn Forest during
World War II. The Committee supports NARA's efforts to work
with U.S. citizens, academics and survivors of the Katyn
Atrocities tragedy and their families to ensure that related
U.S. Government records are made publicly available.
OFFICE OF INSPECTOR GENERAL
Appropriation, fiscal year 2012....................... $4,100,000
Budget request, fiscal year 2013...................... 4,100,000
Recommended in the bill............................... 4,100,000
Bill compared with:
Appropriation, fiscal year 2012................... - - -
Budget request, fiscal year 2013.................. - - -
The Office of Inspector General (OIG) provides audits and
investigations and serves as an independent, internal advocate
to promote economy, efficiency, and effectiveness within NARA.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $4,100,000 for
the OIG, which is the same as fiscal year 2012 and the request.
The Committee is pleased that NARA has begun to realize results
from the collaboration between the NARA Holdings Protection
Team and Inspector General in uncovering both internal and
external threats.
REPAIRS AND RESTORATION
Appropriation, fiscal year 2012....................... $9,100,000
Budget request, fiscal year 2013...................... 8,000,000
Recommended in the bill............................... 8,000,000
Bill compared with:
Appropriation, fiscal year 2012................... -1,100,000
Budget request, fiscal year 2013.................. - - -
This appropriation provides for the repair, alteration, and
improvement of Archives facilities and Presidential libraries
nationwide. It enables the National Archives to maintain its
facilities in proper condition for visitors, researchers, and
employees, and also maintain the structural integrity of the
buildings.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $8,000,000 for
repairs and restoration, which is $1,100,000 less than fiscal
year 2012 and the same as the request. No funding is provided
for any new construction projects.
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION
GRANTS PROGRAM
Appropriation, fiscal year 2012....................... $5,000,000
Budget request, fiscal year 2013...................... 3,000,000
Recommended in the bill............................... 2,500,000
Bill compared with:
Appropriation, fiscal year 2012................... -2,500,000
Budget request, fiscal year 2013.................. -500,000
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 $2,500,000 for
the NHPRC grants program, which is $2,500,000 less than fiscal
year 2012 and $500,000 less than the request.
National Credit Union Administration
COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
Appropriation, fiscal year 2012....................... $1,247,000
Budget request, fiscal year 2013...................... 1,187,000
Recommended in the bill............................... 500,000
Bill compared with:
Appropriation, fiscal year 2012................... -747,000
Budget request, fiscal year 2013.................. -687,000
The Community Development Revolving Loan Fund Program
(CDRLF) was established in 1979 to assist officially designated
``low-income'' credit unions in providing basic financial
services to low-income communities. Low-interest loans and
deposits are made available to assist these credit unions.
Loans or deposits are normally repaid in five years, although
shorter repayment periods may be considered. Technical
assistance grants are also available to low-income credit
unions. Earnings generated from the CDRLF are available to fund
technical assistance grants in addition to funds provided for
specifically in appropriations acts. Grants are available for
improving operations as well as addressing safety and soundness
issues.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $500,000 for
the National Credit Union Administration's CDRLF for technical
assistance grants for fiscal year 2013, which is $747,000 less
than fiscal year 2012 and $687,000 less than the request. The
Committee expects the CDRLF to continue making loans from their
available funds derived from repaid loans and interest earned
on previous loans to designated credit unions.
Office of Government Ethics
SALARIES AND EXPENSES
Appropriation, fiscal year 2012....................... $13,664,000
Budget request, fiscal year 2013...................... 13,473,000
Recommended in the bill............................... 14,000,000
Bill compared with:
Appropriation, fiscal year 2012................... +336,000
Budget request, fiscal year 2013.................. +527,000
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. The OGE is also responsible for creating and running
an electronic financial disclosure system under the Stock
Trading on Congressional Knowledge (STOCK) Act.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $14,000,000
for the OGE, which is $336,000 more than fiscal year 2012 and
$527,000 more than the request. The Committee notes the OGE's
added responsibilities created under the STOCK Act and provides
$1,000,000 of multi-year funding for additional flexibility in
meeting its mandate.
Office of Personnel Management
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
Appropriation, fiscal year 2012....................... $210,290,000
Budget request, fiscal year 2013...................... 205,249,000
Recommended in the bill............................... 203,620,000
Bill compared with:
Appropriation, fiscal year 2012................... -6,670,000
Budget request, fiscal year 2013.................. -1,629,000
The Office of Personnel Management (OPM) is the Federal
agency responsible for management of Federal human resources
policy and oversight of the merit civil service system.
Although individual agencies are increasingly responsible for
personnel operations, OPM provides a government-wide policy
framework for personnel matters, advises and assists agencies
(often on a reimbursable basis), and ensures that agency
operations are consistent with requirements of law, with
emphasis on such issues as veterans preference. OPM oversees
examining of applicants for employment; issues regulations and
policies on hiring, classification and pay, training,
investigations; and many other aspects of personnel management,
and operates a reimbursable training program for the Federal
Government's managers and executives. OPM is also responsible
for administering the retirement, health benefits and life
insurance programs affecting most Federal employees, retired
Federal employees, and their survivors.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $89,620,000
for the General Fund, which is $8,154,000 less than fiscal year
2012 and $921,000 less than the request. The Committee also
recommends $114,000,000 for administrative expenses, $1,484,000
more than fiscal year 2012 and $708,000 less than the request,
to be transferred from the appropriate trust funds.
The Committee notes that OPM provides leadership and
direction to government-wide Human Resource (HR) programs
through strategic and technical support to agencies. OPM is
charged with both establishing standards of workforce
performance and developing strategies that hold leaders
accountable for results. The Committee expects OPM to equip
agency Human Capital Officers with the tools necessary to
provide excellence in managing the workforce--ensuring high
performers are rewarded appropriately and managers are able to
be flexible, agile, and responsive when performance is below
standard. The Committee is encouraged by OPM's pilot program
``Goals, Engagement, Accountability, and Results'' (GEAR) which
seeks to address problems with the Federal performance
management system by reforming workplace-cultural challenges
that are entrenched in many Federal agencies. The Committee is
supportive of the GEAR program's requirement of quarterly
progress reviews, which helps to identify and correct
performance problems in a more timely way and facilitates
greater communication between management and employees. OPM is
directed to report to the Committee on the outcomes of the GEAR
pilot program and its efforts to improve HR management across
the Federal Government within 60 days of enactment of this Act.
The goal of OPM's Human Resources Line of Business
initiative is to provide modern, cost-effective, interoperable,
and standardized HR solutions for Federal agencies through
competition. This process aims to reduce duplication, enhance
transparency, and ensure cost-effectiveness for agencies and
the taxpayer. The Committee directs Government Accountability
Office (GAO) to examine OPM's HR Line of Business and review
the competitive framework for providing HR systems and the
cost-effectiveness of the current process.
The Committee directs OPM to adopt the GAO's recommendation
to improve transparency of the costs of background
investigations, including providing information on the data
relating to the main cost drivers, in order to clarify how
OPM's costs align with and affect investigation prices.
Additionally, as part of OPM's mission to recruit and hire
the most talented and diverse Federal workforce, the Committee
encourages Federal agencies to increase recruitment efforts
within the United States territories.
OPM has struggled for decades to process Federal retirees'
pension claims quickly and accurately. As a result, tens of
thousands of new retirees wait months to receive their complete
annuities--some wait more than a year--and in the meantime they
struggle to get by on reduced interim pensions. The Committee
expects OPM to make retirement processing a priority and is
pleased with OPM's recent efforts to correct this problem
through the implementation of its strategic plan. Still, the
Committee believes that the backlog and delays in retirement
processing are unacceptable and directs OPM to provide the
Committee with monthly reports on its progress in addressing
the backlog in claims.
The Committee encourages OPM to increase efforts to educate
agencies about Returned Peace Corps Volunteers' noncompetitive
eligibility for Federal appointments. The Committee believes
this status, which is granted for one year (extendable to three
years in some circumstances) to volunteers who have
successfully completed their service, is particularly
beneficial for Federal employers due to the special
qualifications of Returned Peace Corps Volunteers and the
streamlined hiring process.
Office of Inspector General
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
Appropriation, fiscal year 2012....................... $24,316,000
Budget request, fiscal year 2013...................... 25,404,000
Recommended in the bill............................... 25,172,000
Bill compared with:
Appropriation, fiscal year 2012................... +856,000
Budget request, fiscal year 2013.................. -232,000
This appropriation provides for the Office of Inspector
General's (OIG) agency-wide audit, investigative, evaluation,
and inspection functions, which identify management and
administrative deficiencies, fraud, waste and mismanagement.
The OIG performs internal agency audits and insurance audits,
and offers contract audit services. Internal audits review and
evaluate all facets of agency operations, including financial
statements. Evaluation and inspection services provide detailed
technical evaluations of agency operations. Insurance audits
review the operations of health and life insurance carriers,
health care providers, and insurance subscribers. Contract
auditors provide professional advice to agency contracting
officials on accounting and financial matters regarding the
negotiation, award, administration, repricing, and settlement
of contracts. The investigative function provides for the
detection and investigation of improper and illegal activities
involving programs, personnel, and operations.
COMMITTEE RECOMMENDATION
The Committee recommends a general fund appropriation of
$4,000,000 for the OIG, which is $858,000 more than fiscal year
2012 and $232,000 less than the request. In addition, the
recommendation provides $21,172,000 from appropriate trust
funds, which is $2,000 less than fiscal year 2012 and the same
as the request.
Office of Special Counsel
SALARIES AND EXPENSES
Appropriation, fiscal year 2012....................... $18,972,000
Budget request, fiscal year 2013...................... 18,692,000
Recommended in the bill............................... 18,972,000
Bill compared with:
Appropriation, fiscal year 2012................... - - -
Budget request, fiscal year 2013.................. +280,000
The Office of Special Counsel (OSC): (1) investigates
Federal employee allegations of prohibited personnel practices
(including reprisal for whistleblowing) and, when appropriate,
prosecutes before the Merit Systems Protection Board; (2)
provides a channel for whistleblowing by Federal employees; and
(3) enforces the Hatch Act. The Office may transmit
whistleblower allegations to the agency head concerned and
require an agency investigation and a report to the Congress
and the President when appropriate. Additionally, the Office
enforces the civilian employment and reemployment rights of
military service members under the Uniformed Services
Employment and Re-employment Rights Act.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $18,972,000
for the OSC, which is the same as fiscal year 2012 and $280,000
more than the request.
Postal Regulatory Commission
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2012....................... $14,304,000
Budget request, fiscal year 2013...................... 14,450,000
Recommended in the bill............................... 14,204,000
Bill compared with:
Appropriation, fiscal year 2012................... -100,000
Budget request, fiscal year 2013.................. -246,000
The Postal Accountability and Enhancement Act (PAEA) of
2006, Public Law 109-435, authorizes the Postal Regulatory
Commission to receive appropriations by transfer from the
Postal Service Fund beginning in fiscal year 2009, and requires
the Commission to submit to Congress a budget of its expenses.
The Commission establishes and maintains the U.S. Postal
Service's ratemaking systems, measures service and performance,
ensures accountability, and has enforcement mechanisms,
including the authority to issue subpoenas.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation, out of the
Postal Fund, of $14,204,000 for the Postal Regulatory
Commission, which is $100,000 below fiscal year 2012 and
$246,000 less than the request.
Recovery Accountability and Transparency Board
SALARIES AND EXPENSES
Appropriation, fiscal year 2012....................... $28,350,000
Budget request, fiscal year 2013...................... 31,500,000
Recommended in the bill............................... 31,500,000
Bill compared with:
Appropriation, fiscal year 2012................... +3,150,000
Budget request, fiscal year 2013.................. - - -
The Recovery Accountability and Transparency Board
(Recovery Board) was authorized in the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5) (Recovery Act). The
Recovery Board is comprised of Inspectors General of agencies
administering programs and overseeing spending authorized in
the Recovery Act. The Recovery Board conducts and coordinates
activities related to the accountability, transparency, and
oversight of spending under the Recovery Act and oversees the
administration of Recovery.gov, a website providing detailed
information on the implementation of the Recovery Act.
COMMITTEE RECOMMENDATION
The Committee recommends $31,500,000 for the Recovery
Accountability and Transparency Board, which is $3,150,000 more
than fiscal year 2012 and the same as the request. On April 25,
2012, the House of Representatives passed H.R. 2146, the
Digital Accountability and Transparency Act of 2011 (DATA Act).
This Act replaces the Recovery Board with the FAST Commission.
If this legislation is enacted, language is included in this
bill to allow Recovery Board balances to be transferred to the
Commission.
Securities and Exchange Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2012....................... $1,321,000,000
Budget request, fiscal year 2013...................... 1,566,000,000
Recommended in the bill............................... 1,371,000,000
Bill compared with:
Appropriation, fiscal year 2012................... +50,000,000
Budget request, fiscal year 2013.................. -195,000,000
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 recommends an appropriation of $1,371,000,000
for the SEC for fiscal year 2013, which is $50,000,000 above
fiscal year 2012 and $195,000,000 less than the request. The
Committee designates $7,067,000 as the minimum funding for the
SEC Office of Inspector General.
Information Technology.--The Committee is supportive of the
SEC's prioritization of robust and effective information
technology (IT) systems within the Commission. The SEC has
indicated the use of the Dodd-Frank mandatory Reserve Fund to
support the Commission's IT initiatives. This fund is not
overseen by Congress and it is left to the discretion of the
Commission as to its use. The Committee believes emergency
reserve funds should be used for natural disaster emergencies
and other crises, not discretionary priorities within a Federal
agency. While the Committee does not support the use of the
Reserve Fund, an increase to IT funding is provided through the
Commission's overall appropriation. The Committee's recommended
funding level for the SEC increases the overall funding level
by $50,000,000 specifically to support IT funding priorities.
The Committee has restricted funds from the Reserve Fund from
being used in Section 618.
Economic Analysis.--Since 2001, the SEC's budget has
increased by over 200 percent. Based on the increases Congress
has provided, the Commission should be able to provide for
comprehensive economic analysis before promulgating rules that
affect the capital markets. It appears that thorough economic
analysis has not been conducted before Commission rulemakings,
and recently courts have overturned SEC rules due to
insufficient economic examination. As the agency in charge of
overseeing capital markets, economic analysis should be a
cornerstone to all agency rulemaking, not an afterthought.
Within the funds provided, the Committee directs the SEC to
increase and prioritize its economic analysis capabilities. The
Committee expects the SEC to use these capabilities to enhance
the understanding of the economic impacts of rulemakings.
Organizational Structure.--The Committee remains concerned
that a lack of managerial accountability, focus,
prioritization, and internal communication hampers the
effectiveness of the SEC. Last year the Committee concurred
with the recommendation put forth in the Boston Consulting
Group (BCG) report that the SEC must reorganize in order to
become more efficient. While progress has been made in
reorganizing certain offices, the Committee believes there is
more to be done to make the Commission better able to respond
to dynamic markets. The Committee directs the SEC to provide a
report on a reorganization plan outlining areas of improvement.
Within the report the Committee directs the SEC to undertake a
review of the regional offices, as directed by the BCG report,
and submit this review to the Committee no later than 90 days
after enactment of this Act. This report should include whether
consolidation of regional offices is feasible.
Disclosures.--Corporate disclosures are at the core of
investor protection, but disclosures must be timely and
relevant in order to be effective. Voluminous disclosures
encourage confusion while discouraging retail shareholder
participation in corporate elections and proposals. The system
must be overhauled, as the SEC has acknowledged, to eliminate
obsolete disclosures. The concept release related to proxy
voting systems has been languishing for almost 2 years. The
Committee requests a report on SEC's efforts to modernize the
disclosure requirements within 90 days of enactment of this
Act.
Money Market Funds.--The Committee directs the SEC to
carefully review any new regulations related to money market
funds as they play a vital role in satisfying retailers,
businesses, States, and municipalities' short-term financing
needs. Any new regulations should avoid negative impacts on the
ability of money market funds to provide liquidity. Impairing
or restricting the use of money market funds could potentially
result in hundreds of market participants issuing longer-term
debt, significantly increasing their funding costs, slowing
expansion rates, and depressing job and economic growth. Before
any new regulations on money market funds are proposed, the
Committee believes the SEC must have a clear understanding of
how the regulations adopted by the Commission in January 2010
have impacted the industry. Further, the Committee believes any
future rulemaking procedures on money market funds should be
based on rigorous economic analysis.
The SEC ruling in 2010 made changes to money market funds
to provide greater fund stability, transparency, and to ensure
the ability of money market funds to afford liquidity to the
capital and municipal markets. The Committee remains concerned
that, despite the regulatory reform changes that were made in
2010, the SEC believes the issuance of additional discretionary
money market fund regulations is a high priority. The SEC
Chairman has maintained this position despite the fact that the
SEC has already missed numerous other deadlines for mandatory
rulemakings and many questions remain as to whether the
necessary data and rigorous economic analysis exists or has
been conducted to justify additional money market fund
regulations.
The Committee has included section 633 requiring the SEC to
submit a report within 90 days of enactment of this Act to the
Committees on Appropriations, the House Committee on Financial
Services, and the Senate Committee on Banking, Housing, and
Urban Affairs that includes a detailed analysis of the money
market fund industry, including the effectiveness of Rule 2a-7
of the Investment Company Act (15 U.S.C. 80a-7 et seq.) as
amended by the Securities and Exchange Commission on February
23, 2010.
The Committee directs the SEC to ensure that the report to
Congress be developed in consultation with affected market
participants and, if the Commission recommends any new
regulatory changes in addition to the implementation of the
Rule 2a-7 changes made in 2010, that the report include the
rationale as to why any new proposed regulatory recommendations
will not impair, restrict, or harm the ability of money market
funds to provide liquidity to the capital markets. This report
should address specifically how any proposed changes would
affect: (1) investor returns and cash management efficiencies;
(2) the borrowing costs for businesses and governments that
access money markets for financing purposes; (3) the
concentration and capacity among providers of short-term
financing; and (4) efficiency, competition, and capital
formation.
Dodd-Frank.--The Committee believes the SEC should
undertake all statutory rulemakings of the Dodd-Frank Wall
Street Reform and Consumer Protection Act (Dodd-Frank Act) and
the Jumpstart Our Business Startups Act (JOBS Act) before
undertaking any discretionary rulemakings.
The Committee is aware of the progress the Commission has
made related to the recommendations within the Boston
Consulting Group (BCG) report, as required by the Dodd-Frank
Act. However, the Committee has been unimpressed with the
subsequent updates to the BCG report. The Committee expects
future updates to include tangible goals and timelines for
completion, as well as clear and concise explanations of the
status of workstreams.
The Committee directs the SEC and the Commodity Futures
Trading Commission (CFTC) to work together to address the
portfolio margining mandates of section 713 of the Dodd-Frank
Wall Street Reform and Consumer Protection Act, specifically by
jointly addressing currently pending petitions before the
agencies that would allow the portfolio margining of index
credit default swaps and single name credit default swaps. The
Committee is concerned that insufficient coordination and
inaction to satisfy section 713 provisions will discourage the
central clearing of credit default swaps, a key component of
the Dodd-Frank Act and one of the broad goals for financial
reform agreed upon by the G-20 nations in 2009.
The Committee directs the SEC to work cooperatively with
the CFTC on all joint rulemakings as required by the Dodd-Frank
Wall Street Reform and Consumer Protection Act.
Registration Threshold.--Congress intends for Title VI of
the JOBS Act (P.L. 112-106) to apply to S&L Holding Companies
defined by the Home Owners Loan Act. The Committee believes the
Securities and Exchange Commission should use its existing
authority pursuant to the Securities and Exchange Act of 1934
to ensure this result.
Residential Mortgage-Backed Securities Working Group.--The
Committee directs the SEC to report to the Committees on
Appropriations the status of the Residential Mortgage-Backed
Securities Working Group's activities no later than 60 days
after the enactment of this Act.
Selective Service System
SALARIES AND EXPENSES
Appropriation, fiscal year 2012....................... $23,984,000
Budget request, fiscal year 2013...................... 24,400,000
Recommended in the bill............................... 12,200,000
Bill compared with:
Appropriation, fiscal year 2012................... -11,784,000
Budget request, estimate, fiscal year 2013........ -12,200,000
The Selective Service System was established by the
Selective Service Act of 1948. The mission of the System is to
be prepared to supply manpower to the Armed Forces adequate to
ensure the security of the United States during a time of
national emergency. Since 1973, the Armed Forces have relied on
volunteers to fill military manpower requirements, but
selective service registration was reinstituted in July 1980.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $12,200,000
for the Selective Service System for fiscal year 2013, which is
$11,784,000 less than fiscal year 2012 and $12,200,000 less
than the request.
Small Business Administration
The Small Business Administration (SBA) assists small
businesses through programs involving loans, grants, and
contracting preferences. These programs maintain and strengthen
an economy that depends on small businesses for 60 to 80
percent of job creation. SBA programs also serve disadvantaged
populations so that their small business enterprises may
overcome economic and social obstacles to success.
The recommendation provides a total of $1,158,491,000 for
the Small Business Administration. This amount is $239,720,000
more than fiscal year 2012 and $43,110 more than the budget
request. Detailed guidance for the SBA appropriations accounts
is presented below.
SALARIES AND EXPENSES
Appropriation, fiscal year 2012....................... $417,348,000
Budget request, fiscal year 2013...................... 423,577,000
Recommended in the bill............................... 415,000,000
Bill compared with:
Appropriation, fiscal year 2012................... -2,348,000
Budget request, estimate, fiscal year 2013........ -8,577,000
COMMITTEE RECOMMENDATION
The Committee recommends $415,000,000 for the salaries and
expenses of the SBA, which is $2,348,000 less than fiscal year
2012 and $8,577,000 less than the request. Within the amounts
made available under this heading, the Committee recommendation
provides $178,270,000 for the SBA non-credit business
assistance programs, which is $5,922,000 more than fiscal year
2012 and $19,157,000 more than the request.
The Committee recommendations for non-credit business
assistance, by program, are displayed in the following table:
NON-CREDIT BUSINESS ASSISTANCE PROGRAMS
[In thousands
of dollars]
Small Business Development Centers............................ $112,500
Veterans Business Development................................. 2,500
SCORE......................................................... 7,000
Women's Business Centers...................................... 14,000
National Women's Business Council............................. 920
Microloan Technical Assistance................................ 20,000
PRIME......................................................... 3,500
Native American Outreach...................................... 1,250
7(j) Technical Assistance..................................... 3,100
HUBZone....................................................... 2,500
Entrepreneurial Development Initiative (Clusters)............. 5,000
National Veterans Entrepreneurial Training (VET) Program...... 6,000
--------------------------------------------------------------
____________________________________________________
Total, non-credit initiatives................................. 178,270
The SBA shall not reduce these non-credit programs from the
amounts specified above and the SBA shall not merge any of the
non-credit programs without advance written approval from the
Committee. The Committee recommendation includes an increase of
$19,157,000 more than the request level for non-credit
programs. Funding above the request level was provided for the
Small Business Development Center (SBDC) Program, SCORE,
Women's Business Centers, Microloan Technical Assistance,
HUBZone, Native American Outreach, and PRIME.
The Committee encourages the SBA to support small business
development and entrepreneurship throughout the country by
funding non-profit organizations and institutions of higher
education that train and educate an entrepreneurial work force
and provide business development services designed to
accelerate industry sectors that build regional assets.
The Committee strongly supports the SBA's Historically
Underutilized Business Zone (HUBZone) program and believes that
it is a critical resource for distressed communities,
especially during the current economic downturn. The Committee
is aware that there are certain rural areas that are
underutilized business areas, but are excluded from HUBZone
designation based on the current program authorization. The
Committee encourages the SBA to continue to examine ways to
incorporate underutilized business areas into any future
revisions of the Small Business Act.
The Committee recognizes the value of the 8(a) program in
assisting small and disadvantaged businesses to compete in the
marketplace and provides sufficient funding to execute the
mission of the 8(a) program.
Additionally, as part of SBA's mission to provide business
training and counseling to a wide diversity of geographic
areas, demographic populations, and economic environments; the
Committee encourages SBA to expand the presence of Women's
Business Centers in the United States territories.
The most recent Government Accountability Office (GAO)
report on duplicative programs found that SBA has not routinely
conducted program evaluations for many of its economic
development programs. The Committee expects SBA to conduct
regular performance evaluations of its programs. The Committee
directs SBA to report to the Committee within 60 days of
enactment on its efforts to bring-to-date performance reviews
on all of its economic programs and provide a plan for their
continued review going forward.
In fiscal year 2012, permanent language was included
regarding the contents of SBA's annual budget request. SBA is
expected to consult with the Committee before the submission of
the fiscal year 2014 budget request to ensure that the budget
submission meets the information needs of the Committee.
OFFICE OF INSPECTOR GENERAL
Appropriation, fiscal year 2012....................... $16,267,000
Budget request, fiscal year 2013...................... 19,400,000
Recommended in the bill............................... 17,267,000
Bill compared with:
Appropriation, fiscal year 2012................... +1,000,000
Budget request, fiscal year 2013.................. -2,133,000
COMMITTEE RECOMMENDATION
The Committee recommends $17,267,000 for the Office of
Inspector General of the SBA, which is $1,000,000 more than
fiscal year 2012 and $2,133,000 less than the request. In
addition, $1,500,000 is made available by transfer from the
Disaster Loans Program Account.
OFFICE OF ADVOCACY
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2012....................... $9,120,000
Budget request, fiscal year 2013...................... 8,900,000
Recommended in the bill............................... 9,120,000
Bill compared with:
Appropriation, fiscal year 2012................... - - -
Budget request, fiscal year 2013.................. +220,000
COMMITTEE RECOMMENDATION
The Committee recommends $9,120,000 for the Office of
Advocacy of the SBA, which is equal to fiscal year 2012 and
$220,000 more than the request. The Committee supports the
Office's mission to reduce regulatory burdens that Federal
policies impose on small businesses and maximize the benefits
small businesses receive from the government. The Committee is
disappointed that the Administration proposed reducing
resources for the Office.
BUSINESS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
Appropriation, fiscal year 2012....................... $358,736,000
Budget request, fiscal year 2013...................... 496,504,000
Recommended in the bill............................... 550,104,000
Bill compared with:
Appropriation, fiscal year 2012................... +191,368,000
Budget request, fiscal year 2013.................. +53,600,000
The SBA Business Loans Program serves as an important
source of capital for America's small businesses. The
recommendation supports the 7(a) business loan program, the 504
certified development company program, Small Business
Investment Company (SBIC) debentures, and the Secondary Market
Guarantee Program.
COMMITTEE RECOMMENDATION
The Committee recommends a total of $550,104,000 for the
Business Loans Program Account, which is $191,368,000 more than
fiscal year 2012 and $53,600,000 above the request. Funding
above the request will subsidize an additional $1.5 billion
above the budget request in small business financing to support
$17.5 billion of 7(a) business loans and $7.5 billion of 504
loan activity. Of the amount appropriated, $145,060,000 is for
administrative expenses related to business loan programs. The
amount provided for administrative expenses may be transferred
to and merged with the appropriation for SBA salaries and
expenses to cover the common overhead expenses associated with
business loans.
The recommendation includes $402,200,000 for the subsidy
cost of the 7(a) business loan guarantee program and the 504
certified development program. This funding will help to
stimulate small business investment and will contribute to
economic growth. The effect of small businesses on the economy
is considerable. Firms employing fewer than 500 employees
comprise about 99.7 percent of all businesses in the nation and
employ roughly half of all private sector employees. The
subsidy funding provided in this account will help to ensure
the continued strength of the small business sector.
The recommendation also includes $2,844,000 in loan subsidy
for the Microloan Program. The amount provided is estimated to
support $18,000,000 in microloans.
DISASTER LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
Appropriation, fiscal year 2012....................... $117,300,000
Budget request, fiscal year 2013...................... 167,000,000
Recommended in the bill............................... 167,000,000
Bill compared with:
Appropriation, fiscal year 2012................... +49,700,000
Budget request, fiscal year 2013.................. - - -
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
2013, as well as the administrative expenses of the loan
programs. The Committee recommends a total of $167,000,000 for
administrative expenses for fiscal year 2013, which is
$49,700,000 more than fiscal year 2012 and the same as the
request. The Committee provides $1,500,000 for the Office of
Inspector General for audits and reviews of the disaster loans
program and $9,000,000 may be transferred to Salaries and
Expenses for administrative expenses.
When the budget request was submitted, it assumed
sufficient prior year funds would be available to cover
estimated subsidy costs. However, the Committee wants to ensure
that there are sufficient funds available to meet the lending
needs of eligible victims. Therefore, the Committee directs the
SBA to continue providing updates on available resources for
the disaster loans program on a monthly basis.
The Committee funds this program within its discretionary
allocation. The Administration proposed funding these costs
with a disaster cap adjustment.
ADMINISTRATIVE PROVISIONS--SMALL BUSINESS ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
Section 516. The Committee continues a provision for the
SBA authorizing transfers of up to five percent of any SBA
appropriation to other appropriations, provided that transfers
do not increase an appropriation by more than 10 percent. The
provision also requires that transfers be treated as
reprogrammings of funds.
United States Postal Service
PAYMENT TO THE POSTAL SERVICE FUND
Appropriation, fiscal year 2012....................... $78,153,000
Budget request, fiscal year 2013...................... 89,092,000
Recommended in the bill............................... 89,092,000
Bill compared with:
Appropriation, fiscal year 2012................... +10,939,000
Budget request, fiscal year 2013.................. - - -
The United States Postal Service (USPS) is funded almost
entirely by Postal ratepayers rather than taxpayers. Funds
provided to the Postal Service in the Payment to the Postal
Service Fund include appropriations for revenue forgone in
providing free mail for the blind, people with disabilities,
and for overseas absentee voting.
COMMITTEE RECOMMENDATION
The Committee recommends appropriations totaling
$89,092,000 for Payment to the Postal Service Fund, which is
$10,939,000 more than fiscal year 2012 and the same as the
request. This is an advance appropriation for fiscal year 2014.
The bill includes language specifying that 6-day delivery and
rural delivery of mail shall continue at not less than the 1983
level. Language is also included prohibiting funds in this Act
from being used to consolidate or close small rural and other
small post offices.
The Committee commends the efforts of the USPS to be
fiscally responsible. However, when the USPS considers changes
in local delivery service, the Committee strongly urges the
USPS to hold public meetings, take into consideration the input
of residents, and provide fiscal justification before any major
changes in delivery service are made. Many Americans depend
upon the USPS for daily and essential services, and it is
important that their service reflects the standards of an
organization charged with the utmost reliability, consistency
and care. The Committee expects the USPS to consider all
possible sources to find savings, including examining its
management structure and field and district offices to ensure
proportional savings are found in its retail, mail processing,
delivery networks and headquarter operations. The Committee
urges the USPS to continue its efforts at achieving cost
reductions without compromising services.
Office of Inspector General
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2012....................... $241,468,000
Budget request, fiscal year 2013...................... 241,468,000
Recommended in the bill............................... 241,468,000
Bill compared with:
Appropriation, fiscal year 2012................... - - -
Budget request, fiscal year 2013.................. - - -
The Postal Accountability and Enhancement Act (PAEA) of
2006, Public Law 109-435, authorizes the Postal Service Office
of Inspector General (OIG) to receive funding by transfer out
of the Postal Service Fund beginning in fiscal year 2009. The
OIG conducts audits, reviews and investigations, and keeps
Congress informed on the efficiency and economy of Postal
Service programs and operations.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $241,468,000,
which is the same as fiscal year 2012 and the request.
United States Tax Court
SALARIES AND EXPENSES
Appropriation, fiscal year 2012....................... $51,079,000
Budget request, fiscal year 2013...................... 53,103,000
Recommended in the bill............................... 51,079,000
Bill compared with:
Appropriation, fiscal year 2012................... - - -
Budget request, fiscal year 2013.................. -2,024,000
The U.S. Tax Court adjudicates controversies involving
deficiencies in income, estate, and gift taxes. The Court also
has jurisdiction to determine deficiencies in certain excise
taxes, to issue declaratory judgments in the areas of
qualifications of retirement plans and exemptions 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 $51,079,000 for the U.S. Tax
Court, which is the same as fiscal year 2012 and $2,024,000
less than the request.
TITLE VI--GENERAL PROVISIONS, THIS ACT
(RESCISSION)
Section 601. The Committee continues the provision
prohibiting pay and other expenses for non-Federal parties in
regulatory or adjudicatory proceedings funded in this Act.
Section 602. The Committee continues the provision
prohibiting obligations beyond the current fiscal year and
prohibits transfers of funds unless expressly so provided
herein.
Section 603. The Committee continues the provision limiting
procurement contracts for consulting service expenditures to
contracts that are matters of public record and available for
public inspection.
Section 604. The Committee continues the provision
prohibiting transfer of funds in this Act without express
authority.
Section 605. The Committee continues the provision
prohibiting the use of funds to engage in activities that would
prohibit the enforcement of section 307 of the 1930 Tariff Act.
Section 606. The Committee continues the provision
concerning compliance with the Buy American Act.
Section 607. The Committee continues the provision
prohibiting the use of funds by any person or entity convicted
of violating the Buy American Act.
Section 608. The Committee continues the provision
specifying reprogramming procedures. The provision requires
that agencies or entities funded by the Act notify the
Committee and obtain prior approval from the Committee for any
reprogramming of funds that: (1) creates a new program; (2)
eliminates a program, project, or activity; (3) increases funds
or personnel for any program, project, or activity for which
funds have been denied or restricted by the Congress; (4)
proposes to use funds directed for a specific activity by
either the House or Senate Committees on Appropriations for a
different purpose; (5) augments existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is
less; (6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or (7) reorganizes
offices, programs, or activities. The provision also directs
the agencies funded by this Act to submit operating plans for
the Committee's review within 60 days of the bill's enactment.
Section 609. The Committee continues the provision
providing that fifty percent of unobligated balances may remain
available for certain purposes.
Section 610. The Committee continues the provision
prohibiting funding for the Executive Office of the President
to request a Federal Bureau of Investigation background
investigation except with the express consent of the individual
involved or in extraordinary circumstances involving national
security.
Section 611. The Committee continues the provision
regarding cost accounting standards for contracts under the
Federal Employee Health Benefits Program.
Section 612. The Committee continues the provision
regarding non-foreign area cost of living allowances.
Section 613. The Committee includes modified language
prohibiting the expenditure of funds for abortion.
Section 614. The Committee continues the provision making
exceptions to the preceding section where the life of the
mother is in danger or the pregnancy is a result of an act of
rape or incest.
Section 615. The Committee continues the provision carried
annually since 2004 waiving restrictions on the purchase of
non-domestic articles, materials, and supplies in the case of
acquisition of information technology by the Federal
government. The Committee understands that the use of this
provision allows for the purchase of high quality products and
the efficiency of assisted acquisition, which agencies rely on
to maximize constrained budgets. The Office of Management and
Budget is directed to report to the Committee within 30 days of
enactment of this Act on the supply chain risk assessment
processes in place when Federal agencies use this authority.
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
permitting the Securities and Exchange Commission and
Commodities Future Trading Commission to fund a joint advisory
committee to advise on emerging regulatory issues,
notwithstanding Section 708 of this Act.
Section 618. The Committee includes language prohibiting
the obligation of funds in fiscal year 2013 from the Securities
and Exchange Commission Reserve Fund established by the Dodd-
Frank Wall Street Reform and Consumer Protection Act. The
Committee does not support mandatory reserve funds. The
Committee believes the Commission should request the level of
funding it believes is necessary in any given fiscal year and
not have access to reserve funding that is outside of the
Congressional review process.
Section 619. The Committee continues the provision
requiring certain agencies to provide quarterly reports on
unobligated prior year balances.
Section 620. The Committee continues the provision that
requires certain agencies in this Act to consult with the
General Services Administration before seeking new office space
or making alterations to existing office space.
Section 621. The Committee continues the provision
prohibiting funds for the Federal Trade Commission to complete
the draft report entitled ``Interagency Working Group on Food
Marketed to Children: Preliminary Proposed Nutrition Principles
to Guide Industry Self-Regulatory Efforts'' unless the
Interagency Working Group on Food Marketed to Children complies
with Executive Order 13563, including the requirement in
section (c) to provide quantified present and future benefits
and costs.
Section 622. The Committee modifies the provision
prohibiting funding for certain czars including the White House
Director of the Office of Health Reform, the Assistant to the
President for Energy and Climate Change, the Senior Advisor to
the Secretary of the Treasury assigned to the Presidential Task
Force on the Auto Industry and Senior Counselor for
Manufacturing Policy, and the White House Director of Urban
Affairs to include any substantially similar provisions.
Section 623. The Committee continues the provision
prohibiting funds from being used by any agency in this Act for
any new hires not verified through the E-Verify Program
established under section 403(a) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a
note).
Section 624. The Committee continues the provision
prohibiting funding made available by this Act to be used to
enter into a contract, memorandum of understanding, or
cooperative agreement with, make a grant to, or provide a loan
or loan guarantee to, any corporation that was convicted of a
felony criminal violation under any Federal law within the
preceding 24 months, where the awarding agency is aware of the
conviction, unless an agency has considered suspension or
debarment of the corporation and has made a determination that
this further action is not necessary to protect the interests
of the Government.
Section 625. The Committee continues the provision
prohibiting funding made available by this Act to be used to
enter into a contract, memorandum of understanding, or
cooperative agreement with, make a grant to, or provide a loan
or loan guarantee to, any corporation that has any unpaid
Federal tax liability that has been assessed, for which all
judicial and administrative remedies have been exhausted or
have lapsed, and that is not being paid in a timely manner
pursuant to an agreement with the authority responsible for
collecting the tax liability, where the awarding agency is
aware of the unpaid tax liability, unless an agency has
considered suspension or debarment of the corporation and has
made a determination that this further action is not necessary
to protect the interests of the Government.
Section 626. The Committee includes language providing for
several appropriated mandatory accounts. These are accounts
where authorizing language requires the payment of funds. The
budget request assumes the following estimated cost for the
programs addressed in this provision: $450,000 for Compensation
of the President including $50,000 for expenses, $125,464,000
for the Judicial Retirement Funds (Judicial Officers'
Retirement Fund, Judicial Survivors' Annuities Fund, and the
United States Court of Federal Claims Judges' Retirement Fund),
$10,818,000,000 for the Government Payment for Annuitants,
Employee Health Benefits, $51,000,000 for the Government
Payment for Annuitants, Employee Life Insurance, and
$9,780,000,000 for Payment to the Civil Service Retirement and
Disability Fund.
Section 627. The Committee includes language which amends
the Virginia Graeme Baker Pool and Spa Safety Act to allow for
a greater number of States and municipalities to qualify for
the program.
Section 628. The Committee includes a provision directing
the Comptroller General to conduct a cost-benefit analysis of
the Consumer Product Safety Improvement Act of 2008.
Section 629. The Committee rescinds $900,000 from the
Privacy and Civil Liberties Oversight Board. While the
Committee is supportive of privacy and civil liberties
protections, this board has no members and has not incurred any
costs.
Section 630. The Committee includes language requiring
certain regulatory agencies to provide a report on increasing
public participation in rulemaking, improving coordination
among Federal agencies, and identifying ineffective or
excessively burdensome regulations.
Section 631. The Committee includes language prohibiting
agencies within this Act from spending funds on travel,
conferences, or employee awards programs that are not
authorized by Federal law, regulation, or Executive Order. No
later than 90 days after enactment of this Act, each Inspector
General of a department or agency, board or commission,
Director of the Administrative Office of the U.S. Courts, or
senior ethics official in agencies without inspectors general
funded by this Act shall report to the Committees on
Appropriations of the House and Senate as to whether the entity
concerned has effective procedures in place to ensure
compliance with all applicable Federal laws, regulations, and
Executive Orders on travel, conferences, and employee awards
programs.
Section 632. The Committee includes language requiring the
Securities and Exchange Commission to submit a report on the
effectiveness of Rule 2a-7 (17 C.F.R. 270.2a-7) related to
money market funds and their ability to provide liquidity to
the capital and municipal markets.
Section 633. The Committee includes new language regarding
restrictions relating to foreign entities.
Section 634. The Committee includes new language which
prohibits the General Services Administration from providing
bonuses to employees who are under investigation.
TITLE VII--GENERAL PROVISIONS, GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(INCLUDING TRANSFER OF FUNDS)
Section 701. The Committee continues the provision
requiring agencies to administer a policy designed to ensure
that all of its workplaces are free from the illegal use of
controlled substances.
Section 702. The Committee continues the provision
establishing price limitations on vehicles to be purchased by
the Federal Government with an exemption for the purchase of
electric, plug-in hybrid electric, and hydrogen fuel cell
vehicles.
Section 703. The Committee continues the provision allowing
funds made available to agencies for travel to also be used for
quarter allowances and cost-of-living allowances.
Section 704. The Committee continues the provision
prohibiting the employment of noncitizens.
Section 705. The Committee continues the provision giving
agencies the authority to pay General Services Administration
bills for space renovation and other services.
Section 706. The Committee continues the provision allowing
agencies to finance the costs of recycling and waste prevention
programs with proceeds from the sale of materials recovered
through such programs.
Section 707. The Committee continues the provision
providing that funds made available to corporations and
agencies subject to 31 U.S.C. 91 may pay rent and other service
costs in the District of Columbia.
Section 708. The Committee continues the provision
prohibiting interagency financing of groups absent prior
statutory approval.
Section 709. The Committee continues the provision
prohibiting the use of funds for enforcing regulations
disapproved in accordance with the applicable law of the U.S.
Section 710. The Committee continues the provision limiting
the amount of funds that can be used for redecoration of
offices under certain circumstances.
Section 711. The Committee continues the provision to allow
for interagency funding of national security and emergency
telecommunications initiatives.
Section 712. The Committee continues the provision
requiring agencies to certify that a Schedule C appointment was
not created solely or primarily to detail the employee to the
White House.
Section 713. The Committee continues the provision
prohibiting the payment of any employee who prohibits,
threatens or prevents another employee from communicating with
Congress.
Section 714. The Committee continues the provision
prohibiting Federal training not directly related to the
performance of official duties.
Section 715. The Committee continues, with technical
adjustments, the provision prohibiting the expenditure of funds
for implementation of agreements in nondisclosure policies
unless certain provisions are included.
Section 716. The Committee continues the provision
prohibiting, other than for normal and recognized executive-
legislative relationships, propaganda, publicity and lobbying
by executive agency personnel in support or defeat of
legislative initiatives.
Section 717. The Committee continues the provision
prohibiting any Federal agency from disclosing an employee's
home address to any labor organization, absent employee
authorization or court order.
Section 718. The Committee continues the provision, with a
modification, prohibiting funds to be used to provide non-
public information such as mailing, telephone, or electronic
mailing lists to any person or organization outside the
government without the approval of the Committees on
Appropriations.
Section 719. The Committee continues the provision
prohibiting the use of funds for propaganda and publicity
purposes not authorized by Congress.
Section 720. The Committee continues the provision
directing agency employees to use official time in an honest
effort to perform official duties.
Section 721. The Committee continues the provision allowing
the use of funds to finance an appropriate share of the Federal
Accounting Standards Advisory Board.
Section 722. The Committee continues the provision allowing
agencies to transfer $17,000,000 to the Government-wide Policy
account of General Services Administration to finance an
appropriate share of various government-wide boards and
councils. The Committee directs the Chief Human Capital
Officers Council (CHCOC) to report to the Committee on steps
taken by the Council to improve retirement processing within 90
days of enactment.
Section 723. The Committee continues the provision that
permits breast feeding in a Federal building or on Federal
property if the woman and child are authorized to be there.
Section 724. The Committee continues the provision that
permits interagency funding of the National Science and
Technology Council and provides for a report on the budget and
resources of the National Science and Technology Council. The
report should include the entire budget of the National Science
and Technology Council.
Section 725. The Committee continues the provision
requiring documents involving the distribution of Federal funds
to indicate the agency providing the funds and the amount
provided.
Section 726. The Committee continues the provision
prohibiting the use of funds to monitor personal access or use
of Internet sites or to collect, review, or obtain any
personally identifiable information relating to access to or
use of an Internet site.
Section 727. The Committee continues a provision requiring
health plans participating in the Federal Employee Health
Benefits Program to provide contraceptive coverage and provides
exemptions to certain religious plans.
Section 728. The Committee continues language supporting
strict adherence to anti-doping activities.
Section 729. The Committee continues a provision allowing
funds for official travel to be used by departments and
agencies, if consistent with OMB Circular A-126, to participate
in the fractional aircraft ownership pilot program.
Section 730. The Committee continues a provision
prohibiting funds for implementation of Office of Personnel
Management regulations limiting detailees to the Legislative
Branch, and implementing limitations on the Coast Guard
Congressional Fellowship Program.
Section 731. The Committee continues the provision that
restricts the use of funds for Federal law enforcement training
facilities.
Section 732. The Committee continues the provision
concerning transfers or reimbursements for ``E-Government''
initiatives.
Section 733. The Committee continues 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 734. 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 735. 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 736. The Committee continues the 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 737. The Committee continues the provision
requiring agencies to pay a fee to the Office of Personnel
Management for processing retirement of employees who separate
under Voluntary Early Retirement Authority or who receive
Voluntary Separation Incentive payments.
Section 738. The Committee includes language prohibiting
funds to require any entity submitting an offer for a Federal
contract or participating in an acquisition to disclose
political contributions.
Section 739. The Committee continues the provision
concerning the non-application of these general provisions to
title IV and to title VIII.
The Committee does not include requested language to freeze
the pay of senior Executive Branch political positions because
on February 1, 2012, the House of Representatives passed H.R.
3835 eliminating cost of living and locality pay adjustments
for all Federal employees in 2013.
TITLE VIII--GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(INCLUDING TRANSFER OF FUNDS)
Section 801. The Committee continues the provision that
appropriates funds for refunding overpayments of taxes
collected and for paying settlements and judgments against the
District of Columbia government.
Section 802. The Committee continues language prohibiting
the use of Federal funds for publicity or propaganda purposes.
Section 803. The Committee continues the provision that
establishes reprogramming procedures for Federal funds.
Section 804. The Committee continues the provision
prohibiting the use of Federal funds to provide salaries or
other costs associated with the offices of United States
Senator or Representative.
Section 805. The Committee continues language restricting
the use of official vehicles to official duties.
Section 806. The Committee continues the provision that
prohibits the use of Federal funds for any petition drive or
civil action which seeks to require Congress to provide for
voting representation in Congress for the District of Columbia.
Section 807. The Committee includes language prohibiting
the use of Federal funds for needle exchange programs.
Section 808. The Committee continues the provision that
includes a ``conscience clause'' on legislation that pertains
to contraceptive coverage by health insurance plans.
Section 809. The Committee continues language prohibiting
the use of Federal funds to legalize or reduce penalties
associated with the possession, use, or distribution on any
schedule I substance under the Controlled Substances Act or any
tetrahydrocannabinols derivative.
Section 810. The Committee continues the provision that
prohibits the use of funds for abortion except in the cases of
rape or incest or if necessary to save the life of the mother.
Section 811. The Committee continues the provision
requiring the Chief Financial Officer (CFO) to submit a revised
operating budget for all agencies in the D.C. government, no
later than 30 calendar days after the enactment of this Act
that realigns budgeted data with anticipated actual
expenditures.
Section 812. The Committee continues the provision
requiring the CFO to submit a revised operating budget for D.C.
Public Schools, no later than 30 calendar days after the
enactment of this Act that realigns school budgets to actual
school enrollment.
Section 813. The Committee modifies a provision allowing
the transfer of local funds and capital and enterprise funds.
Section 814. The Committee continues the provision which
limits references to ``this Act'' as referring to only this
title and title IV.
The recommendation does not include the requested language
allowing the District of Columbia to spend local funds in the
absence of an appropriations act. Nonetheless, the Committee
recognizes the challenges the District would face in the event
of a Federal government shutdown. The Committee believes that
District leaders and the congressional committees of
jurisdiction should consider possible legislative solutions to
address these challenges.
TITLE IX--ADDITIONAL GENERAL PROVISIONS
SPENDING REDUCTION ACCOUNT
Section 901. The Committee includes a provision that
prohibits new budget authority from exceeding the budget
allocation in fiscal year 2013.
House of Representatives Report Requirements
The following items are included in accordance with various
requirements of the Rules of the House of Representatives:
Full Committee Votes
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the following is a statement of
general performance goals and objectives for which this measure
authorizes funding:
The Committee on Appropriations considers program
performance, including a program's success in developing and
attaining outcome-related goals and objectives, in developing
funding recommendations.
Rescission of Funds
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following table is submitted
describing the rescissions recommended in the accompanying
bill:
Treasury Forfeiture Fund.............................. $830,000,000
Privacy and Civil Liberties Oversight Board........... 900,000
Transfer of Funds
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following is submitted describing
the transfer of funds provided in the accompanying bill:
UNDER TITLE I--DEPARTMENT OF THE TREASURY
Under the Department of the Treasury, ``Office of Terrorism
and Financial Intelligence, Salaries and Expenses'',
unobligated balances associated with these activities under the
Departmental Offices heading shall be transferred and merged
with this account.
Section 101 allows the transfer of five percent of any
appropriation (or three percent of Internal Revenue Service
(IRS), ``Enforcement'') made available to the IRS to any other
IRS appropriation, subject to prior congressional approval.
Section 108 authorizes transfers, up to two percent,
between Departmental Offices, Office of Inspector General,
Special Inspector General for Troubled Asset Relief Program,
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 109 authorizes transfers, up to two percent,
between the IRS and the Treasury Inspector General for Tax
Administration under certain circumstances.
Section 112 authorizes the transfer of funds from the
``Financial Management Service, Salaries and Expenses'', to the
``Debt Collection Fund'' as necessary to cover the cost of debt
collection.
UNDER TITLE II--EXECUTIVE OFFICE OF THE PRESIDENT
Language is included under Federal Drug Control Programs,
``High Intensity Drug Trafficking Areas Program'', which allows
for the transfer of funds to Federal departments or agencies
and State and local entities.
Language is included under ``Information Technology
Oversight and Reform'', allowing the transfer of funds to other
agencies to carry out projects.
Language is included under the Official Residence of the
Vice President, ``Operating Expenses'', allowing the transfer
of funds to other Federal departments or agencies.
Section 201 permits the Executive Office of the President
to transfer up to 10 percent of any appropriation, subject to
approval of the Committee.
UNDER TITLE III--THE JUDICIARY
Language is included under ``Courts of Appeals, District
Courts, and Other Judicial Services, Court Security'', allowing
funds to be transferred to the United States Marshals Service
for courthouse security.
Section 302 permits the Judiciary to transfer up to five
percent of any appropriation with certain limitations.
UNDER TITLE V--INDEPENDENT AGENCIES
Under Title V, Independent Agencies, a number of transfers
are allowed.
(1) The Election Assistance Commission account may transfer
$1,375,000 to the National Institute for Standards and
Technology and allows for the transfer of unexpended balances
if the agency is terminated.
(2) Within the Federal Buildings Fund unobligated balances
under building operations may be transferred to and merged with
Public Building Service Salaries and Expenses or Building
Operations and Maintenance and section 505 allows the transfer
of funding within Federal Buildings Fund after approval of the
Committee.
(3) Under Electronic Government funds may be transferred to
other agencies and if the administration of the USAspending.gov
program changes funds may to transferred to the office
authorized to administer the program.
(4) Under Merit Systems Protection Board, an amount is
transferred from the Civil Service Retirement and Disability
Fund.
(5) Under Office of Personnel Management, amounts from
certain trust funds are transferred to the Salaries and
Expenses and Office of Inspector General accounts for
administrative expenses;
(6) Under the Postal Regulatory Commission, amounts are
transferred from the Postal Service Fund;
(7) Under the Recovery Accountability and Transparency
Board if terminated, funds may be transferred to the office
authorized to replace the office.
(8) Under Small Business Administration, Business Loans
Program Account, amounts may be transferred to and merged with
Salaries and Expenses.
(9) Under Small Business Administration, Disaster Loans
Program Account, amounts may be transferred to and merged with
the Office of Inspector General, and Salaries and Expenses.
(10) Under Administrative Provision-Small Business
Administration, amounts may be transferred between
appropriations of the Small Business Administration.
(11) Under United States Postal Service, Office of
Inspector General, amounts are transferred from the Postal
Service Fund.
UNDER TITLE VII--GOVERNMENT-WIDE
Section 722 authorizes departments and agencies to transfer
funds to the General Services Administration to support certain
financial, information technology, procurement and other
management initiatives.
UNDER TITLE VIII--GENERAL PROVISIONS, DISTRICT OF COLUMBIA
Section 803 authorizes the District of Columbia to transfer
local funds and section 813 allows transfer funds between
operations and capital accounts.
Disclosure of Earmarks and Congressionally Directed Spending Items
Neither the bill nor the report contains any Congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI of the Rules of the House of
Representatives.
Compliance With Rule XIII, Cl. 3(e) (Ramseyer Rule)
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
SECTION 122 OF THE DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE
JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 1998
(Public Law 105-119)
AN ACT making appropriations for the Departments of Commerce, Justice,
and State, the Judiciary, and related agencies for the fiscal year
ending September 30, 1998, and for other purposes.
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 [14 years] 16 years from date of
enactment of this provision, a personnel management
demonstration project providing for the compensation and
performance management of not more than a combined total of 950
employees who fill critical scientific, technical, engineering,
intelligence analyst, language translator, and medical
positions in the Bureau of Alcohol, Tobacco and Firearms.
* * * * * * *
----------
TITLE 31, UNITED STATES CODE
SUBTITLE I--GENERAL
* * * * * * *
CHAPTER 3--DEPARTMENT OF THE TREASURY
SUBCHAPTER I--ORGANIZATION
* * * * * * *
Sec. 310. Financial Crimes Enforcement Network
(a) * * *
(b) Director.--
(1) * * *
(2) Duties and powers.--The duties and powers of the
Director are as follows:
(A) * * *
* * * * * * *
(E) Furnish research, analytical, and
informational services to financial
institutions, appropriate Federal and foreign
regulatory agencies with regard to financial
institutions, and appropriate Federal, State,
local, and foreign law enforcement authorities,
in accordance with policies and guidelines
established by the Secretary of the Treasury or
the Under Secretary of the Treasury for
Enforcement, in the interest of detection,
prevention, and prosecution of terrorism,
organized crime, money laundering, and other
financial crimes.
* * * * * * *
----------
SECTION 203 OF THE JUDICIAL IMPROVEMENTS ACT OF 1990
SEC. 203. DISTRICT JUDGES FOR THE DISTRICT COURTS.
(a) * * *
* * * * * * *
(c) Temporary Judgeships.--The President shall appoint, by
and with the advice and consent of the Senate--
(1) * * *
* * * * * * *
Except [with respect to the district of Kansas] with respect to
the eastern district of Missouri, 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 eastern district of Missouri
occurring 10 years and 6 months 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
district of Kansas occurring [21 years or more] 22 years and 6
months or more after the confirmation date of the judge named
to fill the temporary judgeship created for such district under
this subsection, shall not be filled. The first vacancy in the
office of district judge in the western district of Michigan,
occurring after December 1, 1995, shall not be filled. The
first vacancy in the office of district judge in the eastern
district of Pennsylvania, occurring 5 years or more after the
confirmation date of the judge named to fill the temporary
judgeship created for such district under this subsection,
shall not be filled. The first vacancy in the office of
district judge in the northern district of Ohio occurring 19
years or more after the confirmation date of the judge named to
fill the temporary judgeship created under this subsection
shall not be filled. The first vacancy in the office of the
district judge in the district of Hawaii occurring [18 years or
more] 19 years and 6 months 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 312 OF THE 21ST CENTURY DEPARMENT OF JUSTICE APPROPRIATIONS
AUTHORIZATION ACT
SEC. 312. ADDITIONAL FEDERAL JUDGESHIPS.
(a) * * *
* * * * * * *
(c) Temporary Judgeships.--
(1) * * *
(2) Vacancies not filled.--The first vacancy in the
office of district judge in each of the offices of
district judge authorized by this subsection, except in
the case of the central district of California and the
western district of North Carolina, occurring [10
years] 11 years or more after the confirmation date of
the judge named to fill the temporary district
judgeship created in the applicable district by this
subsection, shall not be filled. The first vacancy in
the office of district judge in the central district of
California occurring 10 years and 6 months or more
after the confirmation date of the judge named to fill
the temporary district judgeship created in that
district by this subsection, shall not be filled. The
first vacancy in the office of district judge in the
western district of North Carolina occurring 10 years
or more after the confirmation date of the judge named
to fill the temporary district judgeship created in
that district by this subsection, shall not be filled.
* * * * * * *
----------
TITLE 28, UNITED STATES CODE
Part I--Organization of Courts
* * * * * * *
CHAPTER 5--DISTRICT COURTS
* * * * * * *
Sec. 104. Mississippi
Mississippi is divided into two judicial districts to be
known as the northern and southern districts of Mississippi.
Northern District
[(a) The northern district comprises four divisions.
[(1) Eastern division comprises the counties of
Alcorn, Attala, Chickasaw, Choctaw, Clay, Itawamba,
Lee, Lowndes, Monroe, Oktibbeha, Prentiss, Tishomingo,
and Winston.
[Court for the eastern division shall be held at
Aberdeen, Ackerman, and Corinth.
[(2) The western division comprises the counties of
Benton, Calhoun, Grenada, Lafayette, Marshall,
Montgomery, Pontotoc, Tippah, Union, Webster, and
Yalobusha.
[Court for the Western division shall be held at
Oxford.
[(3) The Delta division comprises the counties of
Bolivar, Coahoma, De Soto, Panola, Quitman,
Tallahatchie, Tate, and Tunica.
[Court for the Delta division shall be held at
Clarksdale and Cleveland.
[(4) The Greenville division comprises the counties
of Carroll, Humphreys, Leflore, Sunflower, and
Washington.
[Court for the Greenville division shall be held at
Greenville.]
(a) The northern district comprises three divisions.
(1) The Aberdeen Division comprises the counties of
Alcorn, Chickasaw, Choctaw, Clay, Itawamba, Lee,
Lowndes, Monroe, Oktibbeha, Prentiss, Tishomingo,
Webster, and Winston.
Court for the Aberdeen Division shall be held at
Aberdeen, Ackerman, and Corinth.
(2) The Oxford Division comprises the counties of
Benton, Calhoun, DeSoto, Lafayette, Marshall, Panola,
Pontotoc, Quitman, Tallahatchie, Tate, Tippah, Tunica,
Union, and Yalobusha.
Court for the Oxford Division shall be held at
Oxford.
(3) The Greenville Division comprises the counties of
Attala, Bolivar, Carroll, Coahoma, Grenada, Humphreys,
Leflore, Montgomery, Sunflower, and Washington.
Court for the Greenville Division shall be held at
Clarksdale, Cleveland, and Greenville.
* * * * * * *
Sec. 105. Missouri
Missouri is divided into two judicial districts to be known
as the Eastern and Western Districts of Missouri.
Eastern District
(a) The Eastern District comprises three divisions.
(1) The Eastern Division comprises the counties of
Crawford, Dent, Franklin, Gasconade, [Iron,] Jefferson,
Lincoln, Maries, Phelps, Saint Charles, Saint Francois,
[Saint Genevieve,] Saint Louis, Warren, and Washington,
and the city of Saint Louis.
Court for the Eastern Division shall be held at Saint
Louis.
* * * * * * *
(3) The Southeastern Division comprises the counties
of Bollinger, Butler, Cape Girardeau, Carter, Dunklin,
Iron, Madison, Mississippi, New Madrid, Pemiscot,
Perry, Reynolds, Ripley, Saint Genevieve, Scott,
Shannon, Stoddard, and Wayne.
Court for the Southeastern Division shall be held at
Cape Girardeau.
* * * * * * *
----------
DODD-FRANK WALL STREET REFORM AND CONSUMER PROTECTION ACT
(Public Law 111-203)
AN ACT To promote the financial stability of the United States by
improving accountability and transparency in the financial system, to
end ``too big to fail'', to protect the American taxpayer by ending
bailouts, to protect consumers from abusive financial services
practices, and for other purposes.
* * * * * * *
TITLE X--BUREAU OF CONSUMER FINANCIAL PROTECTION
* * * * * * *
Subtitle A--Bureau of Consumer Financial Protection
* * * * * * *
SEC. 1017. FUNDING; PENALTIES AND FINES.
(a) Transfer of Funds From Board Of Governors.--
(1) * * *
(2) Funding cap.--
(A) * * *
* * * * * * *
[(C) Reviewability.--Notwithstanding any
other provision in this title, the funds
derived from the Federal Reserve System
pursuant to this subsection shall not be
subject to review by the Committees on
Appropriations of the House of Representatives
and the Senate.]
* * * * * * *
----------
VIRGINIA GRAEME BAKER POOL AND SPA SAFETY ACT
TITLE XIV--POOL AND SPA SAFETY
* * * * * * *
SEC. 1405. STATE SWIMMING POOL SAFETY GRANT PROGRAM.
(a) * * *
(b) Eligibility.--To be eligible for a grant under the
program, a State shall--
(1) demonstrate to the satisfaction of the Commission
that it has a State statute, or that, after the date of
enactment of this title, it has enacted a statute, or
amended an existing statute, and provides for the
enforcement of, a law that--
(A) except as provided in section
1406(a)(1)(A)(i), applies to [all swimming
pools constructed after the date that is 6
months after the date of enactment of the
Financial Services and General Government
Appropriations Act, 2012 in the State] all
swimming pools constructed in the State after
the date a State submits an application to the
Commission for a grant under this section; and
* * * * * * *
(e) Authorization of Appropriations.--There are authorized to
be appropriated to the Commission for each of [fiscal years
2009 and 2010] fiscal years 2009 through 2014 $2,000,000 to
carry out this section, such sums to remain available until
expended. Any amounts appropriated pursuant to this subsection
that remain unexpended and unobligated at the end of [fiscal
year 2012] fiscal year 2014 shall be retained by the Commission
and credited to the appropriations account that funds
enforcement of the Consumer Product Safety Act.
SEC. 1406. MINIMUM STATE LAW REQUIREMENTS.
(a) In General.--
(1) Safety standards.--A State meets the minimum
State law requirements of this section if--
(A) the State requires by statute--
(i) the enclosure of all outdoor
residential pools and spas by barriers
to entry that will effectively prevent
small children from gaining
unsupervised and unfettered access to
the pool or spa; and
[(ii) that all pools and spas be
equipped with devices and systems
designed to prevent entrapment by pool
or spa drains;]
[(iii)] (ii) that pools and spas
built more than 1 year after the date
of the enactment of such statute have--
(I) * * *
* * * * * * *
(III) no main drain; and
[(iv) every swimming pool and spa
that has a main drain, other than an
unblockable drain, be equipped with a
drain cover that meets the consumer
product safety standard established by
section 1404; and
[(v) that periodic notification is
provided to owners of residential
swimming pools or spas about compliance
with the entrapment protection
standards of the ASME/ANSI A112.19.8
performance standard, or any successor
standard; and]
* * * * * * *
[(2) No liability inference associated with state
notification requirement.--The minimum State law
notification requirement under paragraph (1)(A)(v)
shall not be construed to imply any liability on the
part of a State related to that requirement.]
[(3)] (2) Use of minimum state law requirements.--The
Commission--
(A) * * *
* * * * * * *
[(4)] (3) Requirements to reflect national
performance standards and commission guidelines.--In
establishing minimum State law requirements under
[paragraph (1)] paragraph (1)(B), the Commission
shall--
(A) * * *
* * * * * * *
----------
SECTION 207 OF TITLE 18, UNITED STATES CODE
Sec. 207. Restrictions on former officers, employees, and elected
officials of the executive and legislative branches
(a) * * *
* * * * * * *
(m) Additional Restrictions Relating to Foreign Entities.--
(1) In general.--In addition to the restrictions
contained in subsection (f), any person who serves in a
position described in paragraph (2) and who, within 10
years after leaving that position, knowingly--
(A) represents a foreign entity before any
Member, officer, or employee of either House of
Congress, or any officer or employee of a
department or agency of the executive branch,
with the intent to influence a decision of such
officer, employee, or Member, in his or her
official capacity, or
(B) aids or advises a foreign entity with the
intent to influence a decision of any Member,
officer, or employee of either House of
Congress, or any officer or employee of a
department or agency of the executive branch,
in his or her official capacity,
shall be punished as provided in section 216 of this
title.
(2) Positions subject to restriction.--
(A) In general.--The positions referred to in
paragraph (1) are the following:
(i) The President.
(ii) The Vice President.
(iii) A Member of Congress.
(iv) A covered appointee position.
(B) Covered appointee position.--For purposes
of this paragraph, an individual serves in a
``covered appointee position'' if the
individual serves--
(i) except as provided in clause
(ii), in a position in an Executive
agency to which the individual was
appointed by the President, by and with
the advice and consent of the Senate;
(ii) in a position that is held by an
active duty commissioned officer of the
uniformed services who is serving in a
grade or rank for which the pay grade
(as specified in section 201 of title
37) is pay grade O-7 or higher; or
(iii) in any of the following
positions:
(I) Deputy Director of
National Intelligence.
(II) Deputy Director of the
Central Intelligence Agency.
(III) Associate Deputy
Director of the Central
Intelligence Agency.
(IV) The Director of the
National Clandestine Service.
(V) Chief of Station for the
Central Intelligence Agency at
an embassy or consulate of the
United States.
(3) Limitation to countries of particular concern.--
The limitations contained in paragraph (1) apply only
with respect to a foreign entity in a country that is
designated as a country of particular concern for
religious freedom under section 402(b)(1)(A) of the
International Religious Freedom Act of 1998 (22 U.S.C.
6442(b)(1)(A).
(4) Definitions.--As used in this subsection--
(A) the term ``Executive agency'' means an
Executive agency as defined by section 105 of
title 5, including the Executive Office of the
President;
(B) the term ``Member of Congress'' has the
meaning given that term in subsection (e)(9) of
this section; and
(C) the term ``foreign entity'' means--
(i) the government of a foreign
country as defined in section 1(e) of
the Foreign Agents Registration Act of
1938, as amended; and
(ii) any entity owned or controlled,
in whole or in part, by the government
of a foreign country (as so defined).
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. Language is also included in
several instances permitting funding for services authorized by
5 U.S.C. 3109 and for the hire of passenger motor vehicles.
Title I--Department of the Treasury
Language is included for Departmental Offices, ``Salaries
and Expenses'', that provides funds for operation and
maintenance of the Treasury Building Annex; hire of passenger
motor vehicles; maintenance, repairs, and improvements of, and
purchase of commercial insurance policies for real properties
leased or owned overseas; official reception and representation
expenses; contributions to the Organization for Economic
Cooperation and Development for the Department's participation
in programs related to global tax administration; information
technology modernization requirements; Treasury-wide financial
audits; cybersecurity; critical infrastructure protection and
compliance policy programs; and the period of availability.
Language is included for the Office of Terrorism and
Financial Intelligence, ``Salaries and Expenses'' that provides
funds combating threats to national security and secure space.
Language is also included that limits the availability of
certain amounts and transfers funds.
Language is included for the Office of Inspector General,
``Salaries and Expenses'', that provides funds to carry out the
provisions of the Inspector General Act of 1978, including the
hire of vehicles and specifies amounts for unforeseen
emergencies of a confidential nature.
Language is included for the Treasury Inspector General for
Tax Administration, ``Salaries and Expenses'', that provides
funds to carry out the provisions of the Inspector General Act
of 1978, including the purchase and hire of motor vehicles and
specifies amounts for unforeseen emergencies of a confidential
nature.
Language is included for the Financial Crimes Enforcement
Network, ``Salaries and Expenses'', that provides funds for the
hire of motor vehicles; travel and training of non-federal and
foreign government personnel attending meetings involving
domestic or foreign financial law enforcement, intelligence,
and regulation; official reception and representation expenses;
and assistance to Federal law enforcement agencies with or
without reimbursement. Language is also included that limits
the availability of certain amounts.
Language is included for the Financial Management Service,
``Salaries and Expenses'', that provides a certain amount for
official reception and representation expenses and limits the
availability for systems modernization funds.
Language is included for the Alcohol and Tobacco Tax and
Trade Bureau, ``Salaries and Expenses'', that provides funds
for the hire of passenger motor vehicles and laboratory
assistance to State and local agencies with or without
reimbursement. Language is also included that specifies the
amounts for official reception and representation expenses and
cooperative research and development.
Language is included for the U.S. Mint, ``United States
Mint Public Enterprise Fund'', that identifies the source of
funding for the operations and activities of the U.S. Mint and
specifies the level of funding for circulating coinage and
protective service capital investments.
Language is included for the Bureau of the Public Debt,
``Administering the Public Debt'', that specifies funds for
official reception and representation expenses; and provides
that appropriations from the General Fund will be reduced as
fees are collected, and that a portion of the funds are to be
derived from the Oil Spill Liability Trust Fund for
administration of the Fund. Language is also included that
limits the availability of certain amounts.
Language is included for the Community Development
Financial Institutions Fund Program Account that provides
specific amounts for: Native American initiatives,
administrative expenses, and the cost of direct loans. Language
is included clarifying the cost of direct loans and the cost of
modifying direct loans, and specifying the limitation on gross
obligations for the principal amount of direct loans. Language
is included with regards to persistent poverty counties.
Language is included under Internal Revenue Service,
``Taxpayer Services'', that provides funds for pre-filing
assistance and education, filing and account services, and
taxpayer advocacy services, implementation of the tax credit in
title II of division A of the Trade Act of 2002 (Public Law
107-210), and dedicating funding for the Tax Counseling for the
Elderly Program, low-income taxpayer clinic grants, Community
Volunteer Income Tax Assistance grants, and operating expenses
of the Taxpayer Advocate Service.
Language is included for Internal Revenue Service,
``Enforcement'', that provides funds to determine and collect
owed taxes, provide legal and litigation support, conduct
criminal investigations, enforce criminal statutes, purchase
and hire of vehicles; and funding for the Interagency Crime and
Drug Enforcement program.
Language is included for the Internal Revenue Service,
``Operations Support'', that provides funds for operating and
supporting taxpayer services and tax law enforcement programs;
rent; facilities services; printing; postage; physical
security; headquarters and other IRS-wide administration
activities; research and statistics of income;
telecommunications; information technology development,
enhancement, operations, maintenance, and security; hire of
passenger motor vehicles; and dedicating funding for the IRS
Oversight Board and official reception and representation
expenses.
Language is included for Internal Revenue Service,
``Business Systems Modernization'', that provides for the
business systems modernization program, including capital asset
acquisition of information technology, including management and
related contractual costs and IRS labor costs of said
acquisitions, contractual costs associated with operations, and
places certain restrictions on the use of the funds.
In addition, the bill provides the following administrative
provisions:
Section 101. Language is included 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. Language is included that requires the IRS to
maintain a training program in taxpayer rights, dealing
courteously with taxpayers, and cross-cultural relations.
Section 103. Language is included that requires the IRS to
institute and enforce policies and procedures that will
safeguard the confidentiality of taxpayer information and
protect taxpayers against identity theft.
Section 104. Language is included that makes funds
available for improved facilities and increased staffing to
provide efficient and effective 1-800 number help line service
for taxpayers.
Section 105. Language is included that provides the IRS's
authority to hire experts and consultants.
Section 106. Language is included prohibiting funds made
available in the healthcare reform act from being transferred
to the IRS for implementing the healthcare reform act.
Section 107. Language is included that authorizes the
Department to purchase uniforms, insurance for motor vehicles
that are overseas, and motor vehicles that are overseas without
regard to the general purchase price limitations; to enter into
contracts with the State Department for health and medical
services for Treasury employees that are overseas; and to hire
experts or consultants.
Section 108. Language is included that authorizes
transfers, up to two percent, between ``Departmental Offices--
Salaries and Expenses'', ``Special Inspector General for the
Troubled Asset Relief Program'', ``Office of Inspector
General'', ``Financial Management Service'', ``Alcohol and
Tobacco Tax and Trade Bureau'', ``Financial Crimes Enforcement
Network'', and ``Bureau of the Public Debt'' appropriations
under certain circumstances.
Section 109. Language is included that authorizes
transfers, up to two percent, between the Internal Revenue
Service and the Treasury Inspector General for Tax
Administration under certain circumstances.
Section 110. Language is included limiting funds for the
purchase of law enforcement vehicles unless the purchase is
consistent with vehicle management principles.
Section 111. Language is included prohibiting the
Department of the Treasury from undertaking a redesign of the
one dollar Federal Reserve note.
Section 112. Language is included providing for transfers
from and reimbursements to ``Financial Management Service,
Salaries and Expenses'' for the purposes of debt collection.
Section 113. Language is included extending a pay
demonstration program.
Section 114. Language is included requiring congressional
approval for the construction and operation of a museum by the
United States Mint.
Section 115. Language is included prohibiting funds in this
or any other Act from being used to merge the U.S. Mint and the
Bureau of Engraving and Printing without the approval of the
House and Senate Committees of jurisdiction.
Section 116. Language is included deeming that funds for
the Department of the Treasury's intelligence-related
activities are specifically authorized in fiscal year 2013
until enactment of the Intelligence Authorization Act for
fiscal year 2013.
Section 117. Language is included permitting the Bureau of
Engraving and Printing to use $5,000 from the Industrial
Revolving Fund for reception and representation expenses.
Section 118. Language is included requiring the Department
of the Treasury to submit a capital investment plan.
Section 119. Language is included allowing the Financial
Crimes Enforcement Network to share more information with their
foreign counterparts.
Section 120. Language is included requiring a quarterly
report from both the Office of Financial Research and Office of
Financial Stability.
Section 121. Language is included requiring the Department
of the Treasury to submit a report on its Working Capital Fund.
Title II--Executive Office of the President
Language under The White House, ``Salaries and Expenses'',
provides funds for services authorized by 5 U.S.C. 3109 and 3
U.S.C. 105 and 107, subsistence expenses, hire of vehicles,
newspapers, periodicals, travel, and official entertainment
expenses; and the Office of Policy Development.
Language under the Executive Residence at the White House,
``Operating Expenses'', provides funds for official
entertainment expenses of the President, and the care,
maintenance, repair and alterations, 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 and improvement of
the Executive Residence at the White House; and allows funds to
remain available until expended.
Language under National Security Council and Homeland
Security Council ``Salaries and Expenses'', provides for
services authorized by 5 U.S.C. 3109.
Language under Office of Administration, ``Salaries and
Expenses'', provides funds for continued modernization of the
information technology infrastructure within the Executive
Office of the President, to remain available until expended.
Language under Office of Management and Budget, ``Salaries
and Expenses'', provides funds for expenses, services
authorized by 5 U.S.C. 3109, the hire of vehicles; carrying out
provisions of chapter 35 of 44 U.S.C.; specifies funds for
official representation expense; prohibits the review of
agricultural marketing orders; prohibits the use of funds for
the purpose of altering the transcript of testimony except for
OMB officials; prohibits the use of funds for evaluating or
determining if water resource project or study reports
submitted by the Chief of Engineers are in compliance with all
applicable laws, regulations, and requirements; and specifies
the amount of time to perform budgetary policy reviews of water
resource matters on which the Chief of Engineers has reported
before the report is considered approved, and specifies
notification requirements; requires consultation with House and
Senate standing committees with respect to the number of
printed and electronic versions of the fiscal year 2014 budget
that should be provided by OMB; provides that administrative
costs associated with the Partnership Fund for Program
Integrity Innovation can be funded under this heading.
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 2012
base allocation unless the Director of the Office of National
Drug Control Policy determines otherwise and submits a report
to the Committees on Appropriations, and requiring reports
regarding initial allocations and discretionary funding.
Language under Federal Drug Control Programs, ``Other
Federal Drug Control Programs'' provides funds to support
matching grants to drug-free communities (with an amount
specified to be made available as directed by section 4 of
Public Law 107-82, as amended by Public Law 109-469), anti-
doping activities, the U.S. membership dues to the World Anti-
Doping Agency, drug courts and a competitive grant program.
Language also limits the availability of funds.
Language under ``Information Technology Oversight and
Reform'' provides funds to remain available until expended;
allows funding to be transferred to agencies to carry out
projects; and requires quarterly reports on identified savings
by fiscal year, agency and appropriation.
Language under Special Assistance to the President,
``Salaries and Expenses'', enables the Vice President to
provide assistance to the President, services authorized by 5
U.S.C. 3109 and 3 U.S.C. 106, subsistence, and the hire for
vehicles.
Language under Official Residence of the Vice President,
``Operating Expenses'', provides funds for operation and
maintenance of the official residence of the Vice President,
the hire of vehicles, official entertainment expenses and
provides for the transfer of funds as necessary.
In addition, the bill provides the following administrative
provisions:
Section 201. Language is included permitting the transfer
of not to exceed ten percent of funds between various accounts
within the Executive Office of the President, with advance
approval of the Committees on Appropriations.
Section 202. Language is included requiring the Director of
the Office of Management and Budget to submit a report to the
Committee on improving regulation and regulatory review.
Section 203. Language is included requiring the Director of
the Office of Management and Budget to report on the costs of
implementing the Dodd-Frank Wall Street Reform and Consumer
Protection Act (Public Law 111-203).
Section 204. Language is included prohibiting funds to
prepare, sign or approve statements abrogating legislation
passed by the House of Representatives and the Senate and
signed by the President.
Section 205. Language is included requiring the Director of
the Office of Management and Budget (OMB) to report to the
Appropriations and Budget Committees on the implementation of
sequestration required under section 251(a) of the Balanced
Budget and Emergency Deficit Control Act of 1985. $5,000,000 of
OMB's Salaries and Expenses appropriation shall not be
available for obligation until this report is submitted.
Section 206. Language is included requiring the President
to submit a detailed report on the sequestration required by
section 251A of the Balanced Budget and Emergency Deficit
Control Act of 1985 for January 2, 2013.
Title III--The Judiciary
Language is included under Supreme Court, ``Salaries and
Expenses'', providing for certain funds to remain available
until expended; the hire of passenger motor vehicles, official
reception and representation, and miscellaneous expenses.
Language is included under Supreme Court, ``Care of the
Building and Grounds'', permitting funds to remain available
until expended.
Language is included under Courts of Appeals, District
Courts, and Other Judicial Services, ``Salaries and Expenses'',
providing funds for the salaries of certain judges, and all
other employees not otherwise provided for; necessary expenses;
the purchase, rental, repair and cleaning of uniforms for
Probation and Pretrial Services Office staff; firearms and
ammunition; and specifies certain funds remain available until
expended for specific purposes. Language is also included
providing funding from the Vaccine Injury Compensation Trust
Fund for certain purposes.
Language is included under Defender Services, providing for
the compensation and reimbursement of expenses for attorneys,
investigative, expert and other services, the operation of
Federal Defender organizations, travel, training, general
administrative expenses and permitting funds to remain
available until expended.
Language is included under Fees of Jurors and
Commissioners, permitting funds to remain available until
expended and specifying limitations for the compensation of
land commissioners.
Language is included under Court Security, providing for
protective guard services and procurement, installation and
maintenance of security systems and equipment, building
ingress-egress control, inspection of mail and packages,
directed security patrols, perimeter security and services
provided by the Federal Protective Services. Language is
included permitting certain funds to remain available until
expended, which may be transferred to the United States
Marshals Service.
Language is included under Administrative Office of the
United States Courts, ``Salaries and Expenses'', providing for
travel, the hire of passenger motor vehicles, advertising and
rent in the District of Columbia. Language is included
specifying certain amounts for official reception and
representation expenses.
Language is included under Federal Judicial Center,
``Salaries and Expenses'', extending the availability of
certain funds for education and training, and specifying
certain amounts for official reception and representation
expenses.
Language is included under United States Sentencing
Commission, ``Salaries and Expenses'', specifying certain
amounts for official reception and representation expenses.
In addition, the bill provides the following administrative
provisions:
Section 301. Language is included permitting funds for
salaries and expenses to be available for the employment of
experts and consultant services as authorized by 5 U.S.C. 3109.
Section 302. Language is included permitting up to five
percent of any appropriation made available for fiscal year
2013 to be transferred between Judiciary appropriations
provided that no appropriation shall be decreased by more than
five percent or increased by more than ten percent by any such
transfer except in certain circumstances. In addition, the
language provides that any such transfer shall be treated as a
reprogramming of funds under sections 604 and 608 of the
accompanying bill and shall not be available for obligation or
expenditure except in compliance with the procedures set forth
in those sections.
Section 303. Language is included allowing 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. Language is included allowing a court security
pilot program.
Section 305. Language is included extending temporary
judgeships in the eastern district of Missouri, Kansas, Hawaii,
Arizona, the northern district of Alabama, the central district
of California, the southern district of Florida, New Mexico and
the eastern district of Texas.
Section 306. Language is included requiring the Judicial
Conference to submit a plan to freeze the number of square feet
funded by the Courts of Appeals, District Courts, and Other
Judicial Services, Salaries and Expenses appropriation in
fiscal year 2014 and reduce the number of square feet occupied
by the Judiciary by at least 1 percent in the next four fiscal
years.
Section 307. Language is included regarding the boundaries
of divisions in the eastern district of Missouri and the
northern district of Mississippi.
Section 308. Language is included prohibiting funds for
circuit judicial conferences.
Title IV--District of Columbia
Language is included under ``Federal Payment for Resident
Tuition Support'', permitting the amount appropriated to remain
available until expended; and specifying conditions for the
use, award, and financial accounting of funds.
Language is included under ``Federal Payment for Emergency
Planning and Security Costs in the District of Columbia'',
providing that the amount appropriated shall remain available
until expended for providing public safety at events, including
support of the United States Secret Service, to respond to
terrorist threats or attacks, and for costs associated with the
Presidential Inauguration.
Language is included under ``Federal Payment to the
District of Columbia Courts'': (1) providing all amounts under
this heading shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same
manner as funds appropriated for salaries and expenses of other
Federal agencies; (2) specifying certain amounts for specific
purposes; (3) allowing funds made available for capital
improvements to remain available until September 30, 2014, and
(4) providing for the reallocation of funds.
Language is included under ``Defender Services in the
District of Columbia Courts'': (1) providing that the amount
appropriated shall remain available until expended; (2)
specifying who shall administer these funds; and (3) providing
that all amounts under this heading shall be apportioned
quarterly by the Office of Management and Budget and obligated
and expended in the same manner as funds appropriated for
salaries and expenses of other Federal agencies.
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; and (3) authorizing the Director to accept
and use gifts to support offender and defendant programs; to
accept and use equipment, supplies, and vocational training
services necessary to sustain, educate, and train offenders and
defendants, including their dependent children; and specifying
for recording the acceptance of such gifts.
Language is included under ``Federal Payment to District of
Columbia Public Defender Service'': (1) 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; (2) and authorizing the
acceptance and use of voluntary and uncompensated services to
facilitate the work of the District of Columbia Public Defender
Service.
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, 2014.
Language is included under ``Federal Payment for School
Improvement'', allowing for appropriations to remain available
until expended for payments authorized under the Scholarship
for Opportunity and Results Act.
Language is included under ``Federal Payment for the
District of Columbia National Guard'', providing funds for the
National Guard Retention and College Access Program to remain
available until expended.
Language is included under ``Federal Payment for
Redevelopment of the Saint Elizabeths Hospital Campus'',
providing funds for a center for innovation and
entrepreneurship to remain available until expended.
Language is included under ``Federal Payment for Testing
and Treatment of HIV/AIDS'' for testing and treatment.
Language is included under ``District of Columbia Funds'':
(1) providing funds as proposed in the Fiscal Year 2012
Proposed Budget and Financial Plan submitted to Congress by the
District of Columbia; (2) limits the amount provided in this
Act for the District of Columbia to the amount of the proposed
budget or the sum of total revenues; (3) providing conditions
for increasing the amount provided; and (4) directing the Chief
Financial Officer to ensure the District of Columbia meets all
requirements, but prohibits the reprogramming of capital
projects.
Title V--Independent Agencies
The bill provides the following administrative provisions
under the Bureau of Consumer Financial Protection (CFPB):
Section 501. Language is included repealing the prohibition
against the Committees on Appropriations reviewing transfers
from the Federal Reserve System to the CFPB.
Section 502. Language is included changing the Bureau of
Consumer Financial Protection's (CFPB) source of funding from
transfers from the Federal Reserve System to annual
appropriations beginning in fiscal year 2014.
Section 503. Language is included requiring CFPB to submit
quarterly reports about its activities and to testify about its
activities when requested.
Language is included for the Consumer Product Safety
Commission, ``Salaries and Expenses'', that provides funds for
expenses, the hire of motor vehicles, services as authorized by
5 U.S.C. 3109 (with a limitation on rates for individuals),
nominal awards, official reception and representation expenses,
and allowing $500,000 to remain available until September 30,
2014 for a grant program authorized by section 1405 of Public
Law 110-140 (15 U.S.C. 8004).
Language is included for the Election Assistance
Commission, ``Salaries and Expenses'', that allows for the
transfer of funds to the National Institute of Standards and
Technology for election reform activities. Language is included
providing for the transfer of any unobligated balances should
the Election Assistance Commission be terminated during fiscal
year 2013.
Language is included under the Federal Communications
Commission, ``Salaries and Expenses'', permitting funds for
uniforms and allowances therefor, official reception and
representation expenses, purchase and hire of motor vehicles,
and special counsel fees. Language provides for the assessment
and collection of offsetting collections, authorizes retention
of such collections, and provides that they remain available
until expended. Language removes the availability for
obligation of excess collections. Language waives existing law
concerning proceeds from the use of a competitive bidding
system.
Language is included for the Federal Deposit Insurance
Corporation, ``Office of Inspector General'', that provides for
the funds to be derived from the Deposit Insurance Fund, and
the FSLIC Resolution Fund, or any successor to these funds.
Language is included for the Federal Election Commission,
``Salaries and Expenses'', that specifies funds for reception
and representation expenses.
Language is included for the Federal Labor Relations
Authority, ``Salaries and Expenses'', that provides funds for
services authorized by 5 U.S.C. 3109, the hire of experts and
consultants, hire of motor vehicles, and the rental of
conference rooms; authorizes travel payments to public members
of the Federal Service Impasses Panel; and allows for fees
collected to be transferred to and merged with the
appropriation.
Language is included for the Federal Trade Commission,
``Salaries and Expenses'', permitting funds for uniforms and
allowances therefor, services authorized by 5 U.S.C. 3109,
official reception and representation expenses, hire of motor
vehicles, and contract for collection services. Language
provides for the crediting and retention of certain fees.
Language also prohibits funds from being used to implement
subsection (e)(2)(B) of section 43 of the Federal Deposit
Insurance Act.
Language is included for the General Services
Administration, ``Federal Buildings Fund'', that allows for
revenues and collections to be deposited in the Fund; specifies
the conditions under which funds made available can be used;
limits the availability of funds; limits full-time equivalent
employees, limits square footage and requires the approval to
change the amounts as reported in a plan.
Language is included for the 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 that limits
the availability of funds.
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, ``Electronic Government'', that provides funds
to carry out the E-Government Act of 2002 that may be
transferred to Federal agencies under certain conditions and if
the office responsible for USAspending.gov changes, then funds
for USAspending.gov are transferred to that 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 also included for the ``Federal Citizen
Services Fund'', that authorizes funds to be deposited in the
Fund and limits the availability of funds in the Fund.
Language is included for the General Services
Administration, ``Expenses, Presidential Transition'', that
provides funds limited to certain activities authorized under
the Presidential Transition Act of 1963.
In addition, the bill provides the following administrative
provisions under the General Services Administration (GSA):
Section 504. Language is included providing authority for
the use of funds for the hire of motor vehicles.
Section 505. Language is included providing that funds made
available for activities of the Federal Buildings Fund may be
transferred between appropriations with advance approval of the
Congress to apply to funds provided in prior appropriations
Acts.
Section 506. Language is included requiring funds proposed
for developing courthouse construction requests to meet
appropriate standards and the priorities of the Judicial
Conference.
Section 507. Language is included requiring GSA to prepare
a 2014 budget request with a total inventory of space less than
the inventory in 2013.
Section 508. Language is included 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 509. Language is included permitting GSA to pay
small claims (up to $250,000) made against the Federal
Government.
Section 510. Language is included 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 511. Language is included requiring GSA to have
both the authorization and appropriation for construction
before taking land from private land owners.
Section 512. Language is included requiring GSA to apply
current limitations on employee awards to fiscal year 2013
funding.
Section 513. Language is included requiring the GSA
Administrator to certify that the cost of conferences are
appropriate and comply with all travel and conference laws and
regulations.
Section 514. Language is included requiring GSA to submit
quarterly spending reports on the activities of the Federal
Buildings Fund.
Section 515. Language is included requiring GSA to submit a
detailed report on the amounts that the Working Capital Fund
charges to each office for services.
Language is included for the Harry S Truman Scholarship
Foundation Trust Fund allowing appropriations to remain
available until expended.
Language is included for the Merit Systems Protection
Board, ``Salaries and Expenses'', that provides funds for
services authorized by 5 U.S.C. 3109, rental of conference
rooms, hire of passenger motor vehicles, direct procurement of
survey printing, official reception and representation
expenses, and administration expenses to adjudicate retirement
appeals, and provides for the transfer of some funds.
Language is included for the Morris K. Udall and Stewart L.
Udall Foundation, ``Morris K. Udall and Stewart L. Udall Trust
Fund'', that specifies the availability of funds and specifies
an amount for financial audits.
Language is included for the Morris K. Udall and Stewart L.
Udall Foundation, ``Environmental Dispute Resolution Fund'',
that specifies the availability of funds.
Language is included for the National Archives and Records
Administration, ``Operating Expenses'', that provides funds for
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901
et seq., including maintenance, repairs, and cleaning, the hire
of passenger motor vehicles, activities of the Public Interest
Declassification Board, the review and declassification of
documents, and the operations and maintenance of the electronic
records archive.
Language is included for the National Archives and Records
Administration, ``Office of Inspector General'', that provides
funds for the hire of motor vehicles.
Language is included for the 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 the National Archives and Records
Administration, ``National Historical Publications and Records
Commission Grants Program'', that provides funds for
allocations and grants for historical publications and records;
and provides that funds remain available until expended.
Language is included under the National Credit Union
Administration, ``Community Development Credit Union Revolving
Loan Fund'', that provides funds for technical assistance and
limits the availability of funds.
Language is included under the 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 also included providing
funds available until expended for responsibilities under the
STOCK Act.
Language is included under the Office of Personnel
Management, ``Salaries and Expenses'', that provides funds for
services authorized by 5 U.S.C. 3109, medical examinations for
veterans, rental of conference rooms, hire of passenger motor
vehicles, official reception and representation expenses,
advances for reimbursements, payment of per diem and/or
subsistence allowances, the Enterprise Human Resources
Integration project, the Human Resources Line of Business
project, and the transfer of administrative expenses; limits
the availability of some funds; directs that provisions shall
not affect other authorities; prohibits funds for the Legal
Examining Unit; and authorizes the acceptance of donations
under certain conditions.
Language is included for the 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 the 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 of funds
from the Postal Service Fund.
Language is included for the Recovery Accountability and
Transparency Board that allows for the transfer of any
unobligated balances should the Digital Accountability and
Transparency Act of 2011 (DATA Act) be enacted during fiscal
year 2013.
Language is included for the 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 providing for information
technology initiatives. Language is included that provides for
the crediting of offsetting collections. Language provides for
the assessment and collection of offsetting collections,
authorizes retention of such collections, and provides that
they remain available until expended.
Language is included for the Selective Service System,
``Salaries and Expenses'', that provides funds for attendance
of meetings, training, 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 the Small Business Administration,
``Salaries and Expenses'', that provides for hire of motor
vehicles and official reception and representation expenses.
Language is also included to provide authority to charge fees
and credit such fees to the account without further
appropriation. Language is also included to fund grants.
Language is also included for the Loan Modernization and
Accounting System.
Language is included for the Small Business Administration,
``Office of Inspector General'', that provides funds to carry
out the provisions of the Inspector General Act of 1978.
Language is included for the Small Business Administration,
``Office of Advocacy'', that provides funds to carry out the
provisions of the Independent Office of Advocacy Act of 2003
and the Regulatory Flexibility Act of 1980 and allows funds to
remain available until expended.
Language is also included authorizing the transfer of funds
from the ``Salaries and Expenses'' account to cover required
administrative and facilities related expenses.
Language is included for the 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 allowing for the transfer of funds
between Small Business Administration appropriations.
Language is included for the United States Postal Service,
``Payment to the Postal Service Fund'', that provides funds for
revenue foregone; limits the availability of funds; stipulates
that mail for overseas voting and mail for the blind is free;
stipulates that 6-day delivery and rural mail delivery shall
continue at not less than the 1983 level; prohibits funds from
being used to charge a fee to a child support enforcement
agency seeking the address of a postal customer; and prohibits
funds from being used to consolidate or close small rural and
other small post offices.
Language is included for the 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.
General Provisions--This Act
In addition, the bill provides the following provisions
under this title:
Section 601. Language is included prohibiting pay and other
expenses for non-Federal parties in regulatory or adjudicatory
proceedings funded in this Act.
Section 602. Language is included prohibiting obligations
beyond the current fiscal year and prohibits transfers of funds
unless expressly so provided herein.
Section 603. Language is included limiting procurement
contracts for consulting service expenditures to contracts that
are matters of public record and available for public
inspection.
Section 604. Language is included prohibiting the transfer
of funds in this Act without express authority.
Section 605. Language is included prohibiting the use of
funds to engage in activities that would prohibit the
enforcement of section 307 of the 1930 Tariff Act.
Section 606. Language is included concerning compliance
with the Buy American Act.
Section 607. Language is included prohibiting the use of
funds by any person or entity convicted of violating the Buy
American Act.
Section 608. Language is included 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. Language is included providing that fifty
percent of unobligated balances may remain available for
certain purposes.
Section 610. Language is included prohibiting funding for
the Executive Office of the President to request a Federal
Bureau of Investigation background investigation except with
the express consent of the individual involved or in
extraordinary circumstances involving national security.
Section 611. Language is included regarding cost accounting
standards for contracts under the Federal Employee Health
Benefits Program.
Section 612. Language is included regarding non-foreign
area cost of living allowances.
Section 613. Language is included prohibiting the
expenditure of funds for abortion under the Federal Employees
Health Benefits Program.
Section 614. Language is included making exceptions to the
preceding section where the life of the mother is in danger or
the pregnancy is a result of an act of rape or incest.
Section 615. Language is included waiving restrictions on
the purchase of non-domestic articles, materials, and supplies
in the case of acquisition of information technology by the
Federal Government.
Section 616. Language is included 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. Language is included permitting the Securities
and Exchange Commission and Commodities Future Trading
Commission to fund a joint advisory committee to advise on
emerging regulatory issues, notwithstanding Section 708 of this
Act.
Section 618. Language is included prohibiting the
obligation of funds in fiscal year 2013 from the Securities and
Exchange Commission Reserve Fund established by the Dodd-Frank
Wall Street Reform and Consumer Protection Act.
Section 619. Language is included requiring certain
agencies to provide quarterly reports on unobligated prior year
balances.
Section 620. Language is included requiring certain
agencies in this Act to consult with the General Services
Administration before seeking new office space or making
alterations to existing office space.
Section 621. Language is included prohibiting funds for the
Federal Trade Commission to complete the draft report entitled
``Interagency Working Group on Food Marketed to Children:
Preliminary Proposed Nutrition Principles to Guide Industry
Self-Regulatory Efforts'', unless the Interagency Working Group
on Food Marketed to Children complies with Executive Order
13563, including the requirement in section (c) to provide
quantified present and future benefits and costs.
Section 622. Language is included prohibiting funding for
certain czars including the White House Director of the Office
of Health Reform, the Assistant to the President for Energy and
Climate Change, the Senior Advisor to the Secretary of the
Treasury assigned to the Presidential Task Force on the Auto
Industry and Senior Counselor for Manufacturing Policy, and the
White House Director of Urban Affairs or to include any
substantially similar provisions.
Section 623. Language is included prohibiting funds from
being used by any agency in this Act for any new hires not
verified through the E-Verify Program established under section
403(a) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note).
Section 624. Language is included prohibiting funding made
available by this Act to be used to enter into a contract,
memorandum of understanding, or cooperative agreement with,
make a grant to, or provide a loan or loan guarantee to, any
corporation that was convicted of a felony criminal violation
under any Federal law within the preceding 24 months, where the
awarding agency is aware of the conviction, unless an agency
has considered suspension or debarment of the corporation and
has made a determination that this further action is not
necessary to protect the interests of the government.
Section 625. Language is included prohibiting funding made
available by this Act to be used to enter into a contract,
memorandum of understanding, or cooperative agreement with,
make a grant to, or provide a loan or loan guarantee to, any
corporation that has any unpaid Federal tax liability that has
been assessed, for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not
being paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability, where
the awarding agency is aware of the unpaid tax liability,
unless an agency has considered suspension or debarment of the
corporation and has made a determination that this further
action is not necessary to protect the interests of the
Government.
Section 626. Language is included providing for several
appropriated mandatory accounts.
Section 627. Language is included amending the Virginia
Graeme Baker Pool and Spa Safety Act to allow for a greater
number of States and municipalities to qualify for the program.
Section 628. Language is included directing the Comptroller
General to conduct a cost-benefit analysis of the Consumer
Product Safety Improvement Act of 2008.
Section 629. Language is included rescinding $900,000 from
the Privacy and Civil Liberties Oversight Board.
Section 630. Language is included requiring certain
regulatory agencies to provide a report on increasing public
participation in rulemaking, improving coordination among
Federal agencies, and identifying ineffective or excessively
burdensome regulations.
Section 631. Language is included prohibiting agencies
within this Act from spending funds on travel, conferences, or
employee awards programs that are not authorized by Federal
law, regulation, or Executive Order.
Section 632. Language is included requiring the Securities
and Exchange Commission to submit a report on the effectiveness
of Rule 2a-7 (17 C.F.R. 270.2a-7) related to money market funds
and their ability to provide liquidity to the capital and
municipal markets.
Section 633. Language is included regarding restrictions
relating to foreign entities.
Section 634. Language is included to prohibit the General
Services Administration from providing bonuses to employees who
are under investigation.
General Provisions--Government-Wide
In addition, the bill provides the following provisions
under this title:
Section 701. Language is included 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. Language is included establishing price
limitations on vehicles to be purchased by the Federal
Government with an exemption for the purchase of electric,
plug-in hybrid electric, and hydrogen fuel cell vehicles.
Section 703. Language is included allowing funds made
available to agencies for travel to also be used for quarter
allowances and cost-of-living allowances.
Section 704. Language is included prohibiting the
employment of noncitizens.
Section 705. Language is included giving agencies the
authority to pay General Services Administration bills for
space renovation and other services.
Section 706. Language is included 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. Language is included providing that funds made
available to corporations and agencies subject to 31 U.S.C. 91
may pay rent and other service costs in the District of
Columbia.
Section 708. Language is included prohibiting interagency
financing of groups absent prior statutory approval.
Section 709. Language is included prohibiting the use of
funds for enforcing regulations disapproved in accordance with
the applicable law of the U.S.
Section 710. Language is included limiting the amount of
funds that can be used for redecoration of offices under
certain circumstances.
Section 711. Language is included allowing for interagency
funding of national security and emergency telecommunications
initiatives.
Section 712. Language is included requiring agencies to
certify that a Schedule C appointment was not created solely or
primarily to detail the employee to the White House.
Section 713. Language is included prohibiting the payment
of any employee who prohibits, threatens or prevents another
employee from communicating with Congress.
Section 714. Language is included prohibiting Federal
training not directly related to the performance of official
duties.
Section 715. Language is included prohibiting the
expenditure of funds for implementation of agreements in
nondisclosure policies unless certain provisions are included.
Section 716. Language is included prohibiting, other than
for normal and recognized executive-legislative relationships,
propaganda, publicity and lobbying by executive agency
personnel in support or defeat of legislative initiatives.
Section 717. Language is included prohibiting any Federal
agency from disclosing an employee's home address to any labor
organization, absent employee authorization or court order.
Section 718. Language is included prohibiting funds to be
used to provide non-public information such as mailing,
telephone, or electronic mailing lists to any person or
organization outside the government without the approval of the
Committees on Appropriations.
Section 719. Language is included prohibiting the use of
funds for propaganda and publicity purposes not authorized by
Congress.
Section 720. Language is included directing agency
employees to use official time in an honest effort to perform
official duties.
Section 721. Language is included allowing the use of funds
to finance an appropriate share of the Federal Accounting
Standards Advisory Board.
Section 722. Language is included allowing agencies to
transfer $17,000,000 to the Government-wide Policy account of
the General Services Administration to finance an appropriate
share of various government-wide boards and councils.
Section 723. Language is included permitting breast feeding
in a Federal building or on Federal property if the woman and
child are authorized to be there.
Section 724. Language is included permitting interagency
funding of the National Science and Technology Council and
provides for a report on the budget and resources of the
National Science and Technology Council. The report should
include the entire budget of the National Science and
Technology Council.
Section 725. Language is included requiring documents
involving the distribution of Federal funds to indicate the
agency providing the funds and the amount provided.
Section 726. Language is included prohibiting the use of
funds to monitor personal access or use of Internet sites or to
collect, review, or obtain any personally identifiable
information relating to access to or use of an Internet site.
Section 727. Language is included requiring health plans
participating in the Federal Employee Health Benefits Program
to provide contraceptive coverage and provides exemptions to
certain religious plans.
Section 728. Language is included supporting strict
adherence to anti-doping activities.
Section 729. Language is included allowing funds for
official travel to be used by departments and agencies, if
consistent with OMB Circular A-126, to participate in the
fractional aircraft ownership pilot program.
Section 730. Language is included prohibiting funds for
implementation of Office of Personnel Management regulations
limiting detailees to the Legislative Branch, and implementing
limitations on the Coast Guard Congressional Fellowship
Program.
Section 731. Language is included restricting the use of
funds for Federal law enforcement training facilities.
Section 732. Language is included concerning transfers or
reimbursements for ``E-Government'' initiatives.
Section 733. Language is included prohibiting 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 734. Language is included prohibiting use of funds
in contravention of section 552a of title 5, United States Code
(the Privacy Act) and regulations implementing that section.
Section 735. Language is included requiring agencies to
evaluate the creditworthiness of an individual before issuing
the individual a government travel charge card and limits
agency actions accordingly.
Section 736. Language is included prohibiting funds from
being used for any Federal Government contract with any foreign
incorporated entity which is treated as an inverted domestic
corporation.
Section 737. Language is included requiring agencies to pay
a fee to the Office of Personnel Management for processing
retirement of employees who separate under Voluntary Early
Retirement Authority or who receive Voluntary Separation
Incentive payments.
Section 738. Language is included prohibiting funds to
require any entity submitting an offer for a Federal contract
or participating in an acquisition to disclose political
contributions.
Section 739. Language is included concerning the non-
application of these general provisions to title IV and to
title VIII.
General Provisions--District of Columbia
In addition, the bill provides the following provisions
under this title:
Section 801. Language is included that appropriates funds
for refunding overpayments of taxes collected and for paying
settlements and judgments against the District of Columbia
government.
Section 802. Language is included prohibiting the use of
Federal funds for publicity or propaganda purposes.
Section 803. Language is included establishing
reprogramming procedures for Federal funds.
Section 804. Language is included prohibiting the use of
Federal funds to provide salaries or other costs associated
with the offices of a United States Senator or Representative.
Section 805. Language is included restricting the use of
official vehicles to official duties.
Section 806. Language is included prohibiting the use of
Federal funds for any petition drive or civil action which
seeks to require Congress to provide for voting representation
in Congress for the District of Columbia.
Section 807. Language is included prohibiting the use of
Federal funds for needle exchange programs.
Section 808. Language is included regarding a ``conscience
clause'' on legislation that pertains to contraceptive coverage
by health insurance plans.
Section 809. Language is included prohibiting the use of
Federal funds to legalize or reduce penalties associated with
the possession, use, or distribution on any schedule I
substance under the Controlled Substances Act or any
tetrahydrocannabinols derivative.
Section 810. Language is included prohibiting the use of
funds for abortion except in the cases of rape or incest or if
necessary to save the life of the mother.
Section 811. Language is included requiring the Chief
Financial Officer (CFO) to submit a revised operating budget
for all agencies in the D.C. government, no later than 30
calendar days after the enactment of this Act that realigns
budgeted data with anticipated actual expenditures.
Section 812. Language is included requiring the CFO to
submit a revised operating budget for D.C. Public Schools, no
later than 30 calendar days after the enactment of this Act
that realigns school budgets to actual school enrollment.
Section 813. Language is included allowing the transfer of
local funds and capital and enterprise funds.
Section 814. Language is included limiting references to
``this Act'' as referring to only this title and title IV.
Title IX--Additional General Provisions
Section 901. Language is included prohibiting new budget
authority from exceeding the budget allocation in fiscal year
2013.
Appropriations Not Authorized by Law
Pursuant to clause 3(f)(1)(B) of rule XIII of the Rules of
the House of Representatives, the following table lists the
appropriations in the accompanying bill which are not
authorized by law for the period concerned:
Comparison With the Budget Resolution
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the
House of Representatives and section 308(a)(1)(A) of the
Congressional Budget Act of 1974, the following table compares
the levels of new budget authority and outlays provided in the
bill with the appropriate allocations made under section 302(b)
of the Budget Act.
BUDGETARY IMPACT PREPARED IN CONSULTATION WITH THE CONGRESSIONAL BUDGET
OFFICE
PURSUANT TO SEC. 308(A), PUBLIC LAW 93-344, AS AMENDED
Comparison of amounts in the bill with Committee
allocations to its subcommittees of amounts in the First
Concurrent Resolution of 2013:
SUBCOMMITTEE ON FINANCIAL SERVICES AND GENERAL GOVERNMENT
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
302b allocation This bill
---------------------------------------------------------------
Budget Budget
authority Outlays authority Outlays
----------------------------------------------------------------------------------------------------------------
General purpose discretionary................... 21,150 23,939 21,150 *23,939
Mandatory....................................... 21,240 21,234 21,240 21,234
----------------------------------------------------------------------------------------------------------------
*Includes outlays from prior year budget authority.
Five-Year Outlay Projections
Pursuant to clause 3(c)(2) of rule XIII and section
308(a)(1)(B) of the Congressional Budget Act of 1974, the
following table contains five-year projections associated with
the budget authority provided in the accompanying bill, as
provided to the Committee by the Congressional Budget Office.
[In millions of dollars]
Outlays
2013.......................................................... -38,739*
2014.......................................................... 2,998
2015.......................................................... 38
2016.......................................................... -440
2017 and future years......................................... -3,470
*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 local 410 443*
governments for 2013...................
------------------------------------------------------------------------
*Excludes outlays from prior-year budget authority.
Constitutional Authority
Pursuant to section 6(e) of the rules of the Committee on
Appropriations, the following statement is submitted regarding
the specific powers granted to Congress in the Constitution to
enact the accompanying bill.
The principal constitutional authority for this legislation
is clause 7 of section 9 of article I of the Constitution of
the United States (the appropriation power), which states: ``No
Money shall be drawn from the Treasury, but in Consequence of
Appropriations made by Law . . .'' In addition, clause 1 of
section 8 of article I of the Constitution (the spending power)
provides: ``The Congress shall have the Power . . . to pay the
Debts and provide for the common Defense and general welfare of
the United States . . .'' Together, these specific
constitutional provisions establish the congressional power of
the purse, granting Congress the authority to appropriate
funds, to determine their purpose, amount, and period of
availability and to set forth terms and conditions governing
their use.
Comparative Statement of New Budget (Obligational) Authority
The following table provides a detailed summary, for each
Department and agency, comparing the amounts recommended in the
bill with amounts enacted for fiscal year 2012 and budget
estimates presented for fiscal year 2013.
MINORITY VIEWS
We want to begin by thanking Chairwoman Emerson for her
leadership on this Subcommittee and her work to involve us and
consider our input at every opportunity. She and her staff are
consummate professionals and we appreciate her work in drafting
this bill and throughout the committee process.
The fiscal year (FY) 2013 bill approved by the Committee
provides net budget authority of $21.15 billion, a cut of $376
million below FY 2012 and nearly $2 billion below the
Administration's request.
We are extremely disappointed that House Republicans walked
away from the bipartisan agreement to establish $1.047 trillion
as the Committee's allocation. A majority of their conference
voted for the Budget Control Act agreement less than a year
ago. By reneging on the agreement, House Republicans put
themselves at odds with House Democrats, the White House,
Senate Democrats, and Senate Republicans. Senate Minority
Leader McConnell recently voted for an overall allocation of
$1.047 trillion and Ranking Member Cochran stated that it's
appropriate ``for the Committee to proceed on the basis of the
discretionary caps enacted into law.'' House Republicans
introduced uncertainty about the discretionary allocation and
about whether the House majority will threaten to shut down the
government. This breach of trust will serve only to slow down
the appropriations process, and the austere House allocation,
if it stands, will stall economic growth and impede job
creation.
The Financial Services and General Government bill funds
programs that touch the lives of every American as consumers,
as investors, and as taxpayers. The subcommittee's inadequate
allocation requires unsustainable cuts. These cuts will impact
all of us by not providing needed resources for the Securities
and Exchange Commission (SEC), the Internal Revenue Service
(IRS), and a number of agencies with budgets almost entirely
composed of fixed costs, such as personnel expenses and rent.
These cuts will reduce the ability of the government to
effectively protect consumers and investors and investigate tax
cheats and collect revenues. The bill will also necessitate the
furloughing of many hundreds of federal and private workers,
increase unemployment, and reduce vital services to the public.
The IRS is frozen at the FY12 enacted level, which is
nearly $1 billion below the request. To deal with the FY12
funding amount, the IRS cut staffing by approximately 5,000
employees through buy-outs and attrition. To enter a second
year at that level will ensure more buyouts and vacancies, and
possibly furloughs, especially in the area of enforcement.
Thus, fewer audits will be performed, more tax cheats will get
away with not paying their fair share, and the tax gap will
grow. Enforcement resources have a return-on-investment of
about $4-to-$1, so as a result this reduction will decrease
revenue and increase the deficit by about $4 billion per year.
This cut will cost more in the outyears than it will save in
fiscal year 2013.
The Judiciary is cut below the FY12 level by $23 million,
which will have a significant impact on employees. The
Judiciary has reduced staffing by 1,200 employees in the past
year to deal with reduced budgets, and further cuts will force
the federal courts to lay off support staff and stop payments
to attorneys who represent indigent criminal defendants. These
layoffs will include probation officers and pre-trial staff, so
there will be fewer probation officers to monitor sex offenders
and felons, perform law enforcement duties, and protect the
general public.
The SEC is funded $195 million below the President's
request, which means the agency is funded only $50 million
above the FY12 level. Additionally, the small increase is
dedicated only to technology improvements, so there will be no
hiring of the staff needed to finalize the remaining Dodd-Frank
rules and regulations. Further, the SEC Reserve Fund,
authorized by Dodd-Frank, is prohibited from obligating funds
for FY13. This funding level for the SEC will not allow for the
full implementation of the Dodd-Frank Act.
The Election Assistance Commission will receive only $5.75
million in funding, which will significantly hinder the agency.
The agency will no longer be able to help states improve their
election practices and equipment to ensure fair and well-run
elections in our nation.
There are numerous other cuts as well that will cause an
erosion of consumer protections and assistance to disadvantaged
communities. The subcommittee's allocation requires deep cuts
that will significantly harm America's consumers, investors,
taxpayers, workers, businesses, judiciary, the security of our
elections, and even our deficit.
We are also distressed that this bill includes several
controversial policy riders. The bill once again interferes in
the District of Columbia's local affairs, restricting the
District from spending its own funds in the provision of
abortion services for low-income individuals. This
micromanagement is not the proper role of Congress and
authorizing issues do not belong on an appropriations bill.
There are further restrictions on the Judiciary and a
prohibition on the provision of abortion coverage for all
health benefits programs provided under the Patient Protection
and Affordable Care Act.
We appreciate the efforts the Chairwoman made to adequately
fund the Small Business Administration, the Community
Development Financial Institutions (CDFI) Fund, and
antiterrorism programs at the Department of the Treasury. We
are also pleased that the Chairwoman worked with us to remove a
prohibition on the FCC's mandate that broadcasters must publish
their political files online. She helped ensure that these
files will be transparent and accessible online, and we
appreciate those efforts and the outcome. However, the
allocation the subcommittee received is simply insufficient to
fund all of the important activities in this bill's
jurisdiction. We hope to work with the majority to address
these issues and look forward to continuing the open and
positive process the Chairwoman has fostered; however, in its
current form, we cannot support the bill.
Norman D. Dicks.
Jose E. Serrano.