[House Report 116-456]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 116-456
======================================================================
FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS BILL, 2021
_______
July 17, 2020.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Quigley of Illinois, from the Committee on Appropriations,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 7668]
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, 2021.
INDEX TO BILL AND REPORT
_______________________________________________________________________
Page Number
Bill Report
Title I--Department of the Treasury........................ 2
11
Title II--Executive Office of the President and Funds
Appropriated to the President.......................... 29
32
Title III--The Judiciary................................... 45
44
Title IV--District of Columbia............................. 54
50
Title V--Independent Agencies.............................. 64
55
Administrative Conference of the United States..... 64
55
Consumer Financial Protection Bureau...................
55
Consumer Product Safety Commission................. 65
56
Election Assistance Commission..................... 67
57
Federal Communications Commission.................. 70
59
Federal Deposit Insurance Corporation.............. 72
63
Federal Election Commission........................ 72
64
Federal Labor Relations Authority.................. 73
64
Federal Permitting Improvement Steering Council.... 74
65
Federal Trade Commission........................... 74
65
General Services Administration.................... 76
68
Harry S Truman Scholarship Foundation.............. 89
83
Merit Systems Protection Board..................... 89
84
Morris K. Udall and Stewart L. Udall Foundation.... 90
84
National Archives and Records Administration....... 91
85
National Credit Union Administration............... 93
87
Office of Government Ethics........................ 93
88
Office of Personnel Management..................... 93
88
Office of Special Counsel.......................... 96
93
Postal Regulatory Commission....................... 97
93
Privacy and Civil Liberties Oversight Board........ 97
94
Public Buildings Reform Board...................... 97
94
Securities and Exchange Commission................. 97
95
Selective Service System........................... 101
98
Small Business Administration...................... 102
99
United States Postal Service....................... 108
104
United States Tax Court............................ 110
107
Title VI--General Provisions--This Act..................... 110
107
Title VII--General Provisions--Government-wide:
Departments, Agencies, and Corporations................ 127
110
Title VIII--General Provisions, District of Columbia....... 177
114
Title IX--Infrastructure................................... 185
115
House of Representatives Report Requirements...............
115
Minority Views.............................................
186
Summary of Estimates and Appropriations
The following table compares on a summary basis the
appropriations, including trust funds, for fiscal year 2021,
the budget request for fiscal year 2021, and the Committee
recommendation for fiscal year 2021 in the accompanying bill.
SUMMARY TABLE--AMOUNTS IN NEW BUDGET AUTHORITY
[Net Discretionary Funding in Thousands of Dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal Year Committee Recommendation
------------------------------------------------ compared to
Title 2021 Committee ---------------------------------
2020 Enacted 2021 Budget Recommendation 2020 Enacted 2021 Budget
----------------------------------------------------------------------------------------------------------------
Title I--Department of the $13,058,431 $15,719,950 $13,659,833 +601,402 -2,060,117
Treasury\1\..................
Title II--Executive Office of 726,936 353,404 741,167 +14,231 +387,763
the President and Funds
Appropriated to the President
Title III--The Judiciary...... 7,486,508 7,815,744 7,773,341 +286,833 -42,403
Title IV--District of Columbia 714,291 753,362 762,120 +47,829 +8,758
Title V--Other Independent 1,858,503 2,927,809 1,949,339 +90,836 -978,470
Agencies\2\..................
Title VI--General Provisions-- -14,369 -8,000 -250,000 -235,631 -242,000
This Act.....................
Title VII--General Provisions-- -2,000 -1,000 500 +2,500 +1,500
Government-wide..............
Title IX--Infrastructure...... - - - - - - 67,040,000 +67,040,000 +67,040,000
----------------------------------------------------------------------------------------------------------------
\1\Total does not include Program Integrity Cap Adjustment requested in the 2021 Budget.
\2\Total does not include $142,864,000 in Disaster Cap Adjustment funding in 2020 Enacted and 2021 Committee
Recommendation.
Introduction
The Committee recommends a total of $24,636,300,000 in new
discretionary budget authority for fiscal year 2021. The
recommendation is $808,000,000 above the comparable fiscal year
2020 enacted level.
The Committee report refers to certain organizations,
offices, and institutions as follows: the Government
Accountability Office as GAO; the Office of Management and
Budget as OMB; the Office of Personnel Management as OPM; the
Internal Revenue Service as IRS; the General Services
Administration as GSA; the Small Business Administration as
SBA; and full-time equivalent as FTE. References to ``the
Committee'' means the Committee on Appropriations of the House
of Representatives, unless otherwise noted. In addition, any
reference to the ``budget request'' or ``the request'' should
be interpreted to mean the Budget of the U.S. Government,
Fiscal Year 2021, that was submitted to Congress on February
10, 2020.
Highlights of the Bill
The Financial Services and General Government bill has
jurisdiction over a broad and varied range of government
functions and services encompassing both the Executive and
Judicial branches. These appropriations support the Department
of the Treasury, the Executive Office of the President, Federal
Payments to the District of Columbia, and the Federal
Judiciary. The bill also provides resources for a long list of
independent agencies and commissions, each of which serves the
public with a distinct mission.
Several of these diverse institutions of government, such
as the General Services Administration, the Internal Revenue
Service, and the National Archives and Records Administration,
bear responsibility for basic, but critical, operations of the
United States Government. Others serve public-facing functions
such as protecting consumers from defective and dangerous
products, ensuring that government officials are complying with
ethics laws, assisting small businesses, and investing in
distressed communities.
Some of the most significant investments in the fiscal year
2021 Committee recommendation include:
Infrastructure.--The bill includes $67,040,000,000 in
emergency infrastructure investments to respond to the economic
collapse related to the coronavirus, including $61,040,000,000
in funding to support expansion of broadband to unserved areas,
the Secure and Trusted Communications Networks Reimbursement
Program, and broadband mapping. Additionally, the bill includes
$6,000,000,000 in funding for acquisition, construction,
repairs and alterations, oversight, and other associated costs
of Federal buildings.
Election Security.--The U.S. democratic process is under
attack--and the country's patchwork of voting systems is
woefully underprepared to withstand efforts by sophisticated
nation-states to hack the election process and influence
election outcomes. State and local election officials lack the
necessary tools and funding to replace antiquated voting
machines, secure voter registration databases and electronic
pollbooks that are vulnerable to hackers, conduct cybersecurity
training for election officials and poll workers, perform post-
election audits to validate election results, and implement
other necessary efforts to ensure the integrity of the election
process. The Committee recommends $500,000,000 for Election
Security Grants to augment efforts by State and local election
officials to improve the security of elections for Federal
office. The recommendation also includes $19,063,000 for the
Election Assistance Commission, an increase of $3,892,000 above
fiscal year 2020, to ensure the agency is appropriately
resourced to execute its vital mission to assist states in the
administration of Federal elections.
Combating Financial Crime and Countering the Financing of
Terrorism.--The Committee strongly supports the critical work
performed by the Department of the Treasury in combating
terrorist financing and money laundering and recommends robust
funding increases to improve and expand the Department's
capabilities to detect and deter financial crimes. The
recommendation includes $172,751,000 for the Office of
Terrorism and Financial Intelligence, an increase of $3,039,000
above fiscal year 2020. It also provides $126,963,000 for the
Financial Crimes Enforcement Network, an increase of $963,000
above fiscal year 2020. These resources will enhance the
Department's collection and analysis of intelligence and
financial information that can be used by law enforcement to
investigate financial crimes and money laundering.
Community Development Financial Institutions.--Low-income
communities and distressed communities are particularly
disadvantaged when it comes to accessing credit. The Committee
strongly supports the Community Development Financial
Institutions (CDFI) program as an effective mechanism for
expanding the capacity of community development organizations
to finance businesses, develop affordable housing, and
underwrite locally-driven revitalization initiatives. The
Committee recommends $273,500,000 to fund CDFI, representing an
increase of $11,500,000 over fiscal year 2020. The majority of
this funding will support CDFI's core program, Financial and
Technical Assistance Grants, and the remainder will support
Native Initiatives, the Bank Enterprise Award Program, the
Healthy Food Financing Initiative, and individuals with
disabilities. In addition, the recommendation includes
$10,000,000 to continue an initiative to increase the
availability and affordability of small dollar loans.
Protecting Consumers.--The Committee is concerned about
ongoing consumer protection issues, including hidden and
emerging product safety incidents, data security episodes, and
instances of financial fraud. Consequently, the Committee
recommendation provides significant additional resources to
agencies responsible for overseeing product safety, fair
competition, unfair and deceptive trade practices, and
financial markets. The recommendation provides $137,000,000--an
increase of $4,500,000 over fiscal year 2020--for the Consumer
Product Safety Commission to address chronic underfunding in
recent years and to expand operational capabilities to match
the safety challenges in an evolving marketplace. The Committee
expects that these additional resources will also allow
improved consumer education on hidden and emerging hazards,
especially in relation to toys and other products that pose a
disproportionate risk for children.
In addition, the Committee recommends $341,000,000--a
$10,000,000 increase over fiscal year 2020--for the Federal
Trade Commission (FTC). This additional funding will increase
the FTC's capabilities both to monitor mergers and acquisitions
that could reduce competition or lead to higher prices, and to
take enforcement action against companies that fail to take
reasonable steps to secure their customer data or that engage
in other problematic trade practices. The Committee also
increases protections for investors against predatory and
unfair practices by financial companies and advisors. To that
end, the recommendation includes $1,920,000,000--an increase of
$105,000,000 over fiscal year 2020--for salaries and expenses
at the Securities and Exchange Commission to increase
enforcement actions related to securities and financial fraud,
monitoring of major market participants, compliance
examinations, and investor education activities.
Oversight and Management
The Committee believes strongly in the need for careful
oversight of government expenditure of taxpayer dollars and is
committed to providing the necessary oversight to reduce waste,
fraud, and inefficiency in the operations and programs funded
by the Financial Services and General Government bill.
To this end, the Committee recommendation takes care to
ensure adequate resources for the Offices of Inspectors General
(OIG) funded by this Act, each of which plays a critical role
in monitoring the agencies under the jurisdiction of this bill.
Additionally, language is included, where needed, directing
agencies to provide spending plans, performance measurements,
and workforce and project implementation plans to the Committee
for review. The Committee intends to continue coordination with
the Comptroller General of the United States, which offers
expertise in reducing waste, fraud, and misuse of Federal
funds.
The Committee recommendation again includes a provision
requiring OMB to remind all Federal agencies of the compliance
obligations detailed in the government-wide general provisions
within title VII of this Act. It also includes new requirements
to make apportionments of appropriations publicly available in
a timely fashion and to ensure agencies' responsiveness to GAO.
Reprogramming and Operating Plan Procedures
Section 608 and Section 738 of this Act detail department
and agency responsibilities and procedures relating to
reprogramming of funds among programs, projects, and
activities. Each department and agency funded in this Act shall
follow the directions set forth in this Act and its
accompanying report and shall not reallocate resources or
reorganize activities except as provided herein. The Committee
expects that agencies or entities that fulfill the requirements
of Section 608 will also be in compliance with the requirements
of Section 738.
Section 608 requires agencies and entities funded by this
Act to receive prior approval from the Committees on
Appropriations of the House of Representatives and the Senate
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 Congress; (4)
proposes to use funds directed for a specific activity by the
Committee on Appropriations of either the House of
Representatives or the Senate for a different purpose; (5)
augments existing programs, projects, or activities in excess
of $5,000,000 or 10 percent, whichever is less; (6) reduces
existing programs, projects, or activities by $5,000,000 or 10
percent, whichever is less; or (7) creates or reorganizes
offices, programs, or activities. In addition, prior to any
significant reorganization, restructuring, relocation, or
closing of offices, programs, or activities, each agency or
entity funded in this Act shall consult with the Committees on
Appropriations.
Not later than 60 days after the date of enactment of this
Act, each agency shall submit a report to establish the
baseline for application of reprogramming and transfer
authorities for fiscal year 2021. The amount appropriated for
agencies shall be reduced by $100,000 per day for each day
after the required date that the report has not been submitted
to the Committees.
Reprogramming procedures shall apply to funds provided in
this bill, unobligated balances from previous appropriations
Acts that are available for obligation or expenditure in fiscal
year 2021, and non-appropriated resources such as fee
collections that are used to meet program requirements in
fiscal year 2021.
To assess a reprogramming request, the Committee expects it
would require the following information, at minimum: a thorough
justification for the reprogramming, the impact of the
reprogramming on budget requirements for future fiscal years,
and the impact of the reprogramming on carryover funding. These
requirements also apply to significant reorganizations or
restructurings of programs, projects, or activities, even if
such a reorganization or restructuring does not involve
reprogramming of funding. The Committee also expects prompt
notification of any reprogramming that does not meet the above
criteria but might have significant impacts on budgetary
requirements for future fiscal years.
The Committee directs that, for purposes of this report and
the Act, the term ``consult'' means a pre-decisional engagement
between a relevant Federal agency and the Committee during
which the Committee is provided a meaningful opportunity to
provide facts and opinions to inform: (1) the use of funds; (2)
the development, content, or conduct of a program or activity;
or (3) a decision to be taken.
Except in emergency situations, reprogramming requests
should be submitted no later than June 28, 2021. Moreover, the
Committee notes that when an agency or entity submits a
reprogramming or transfer request to the Committees on
Appropriations and does not receive identical responses from
the House and Senate, it is the responsibility of the
Department or agency to reconcile the House and Senate
differences before proceeding and, if reconciliation is not
possible, to consider the request to reprogram funds
unapproved.
The Committee further expects any agency or entity funded
in this bill that plans a reduction-in-force to notify the
Committee in writing at least 30 days in advance of the date of
such planned personnel action.
Other Matters and Directives
Federal Law Enforcement.--The Committee notes that the
Commerce, Justice, Science, and Related Agencies Appropriations
Act, 2021 directs the Attorney General to establish a training
program to cover the use of force and de-escalation, racial
profiling, implicit bias, and procedural justice, to include
training on the duty of Federal law enforcement officers to
intervene in cases where another law enforcement officer is
using excessive force, and make such training a requirement for
Federal law enforcement officers. The Committee further notes
that several Departments and agencies funded by this Act employ
Federal law enforcement officers and are Federal Law
Enforcement Training Centers partner organizations. The
Committee directs such Departments and agencies to adopt and
follow the training program established by the Attorney
General, and to make such training a requirement for its
Federal law enforcement officers. The Committee further directs
such Departments and agencies to brief the House and Senate
Committees on Appropriations on their efforts relating to
training no later than 90 days after the Attorney General has
established such a training program.
In addition, the Committee directs such Departments and
agencies, to the extent that such Departments and agencies have
not already done so, to submit their use of force data to the
Federal Bureau of Investigation (FBI)'s National Use of Force
Data Collection database. The Committee further directs such
Departments and agencies to brief the House and Senate
Committees on Appropriations no later than 90 days after
enactment of this Act on their current efforts to tabulate and
submit its use of force data to the FBI.
Reports.--The Committee stresses that all reports are
required to be completed in compliance with the timeframe
outlined for each respective directive. Furthermore, the
Committee expects that the specifications and conditions
associated with funding appropriated by this Act shall be
accomplished in the manner as directed in the report.
Budget Justifications.--Budget justifications are the
primary tool used by the House and Senate Committees on
Appropriations to evaluate the resource requirements and fiscal
needs of agencies. The Committee is aware that the format and
presentation of budget materials is largely left to the agency
within presentation objectives set forth OMB. In fact, OMB
Circular A-11, part 1 specifically instructs agencies to
consult with Congressional committees beforehand. The Committee
expects that all agencies funded under this Act will heed this
directive.
The Committee continues the direction that justifications
submitted with the fiscal year 2021 budget request by agencies
funded under this Act contain the customary level of detailed
data and explanatory statements to support the appropriations
requests at the level of detail contained in the funding table
included at the end of this report. Among other items, agencies
shall provide a detailed discussion of proposed new
initiatives, proposed changes in the agency's financial plan
from prior year enactment, detailed data on all programs, and
comprehensive information on any office or agency
restructurings. At a minimum, each agency must also provide
adequate justification for funding and staffing changes for
each individual office and materials that compare programs,
projects, and activities that are proposed for fiscal year 2021
to the fiscal year 2020 enacted levels.
Customer Service Measures.--The Committee supports efforts
to improve customer service in accordance with Executive Order
13571, ``Streamlining Service Delivery and Improving Customer
Service,'' and directs all agencies funded by this Act to
develop standards to improve customer service and incorporate
the standards into the performance plans required under title
31 of the United States Code.
Federal Advertising.--The Committee understands that, as
the largest advertiser in the United States, the Federal
government should work to ensure fair access to its advertising
contracts for small disadvantaged businesses and businesses
owned by minorities and women. As such, the Committee directs
each of the agencies funded by this Act to include the
following information in its fiscal year 2022 budget
justification: expenditures for fiscal year 2020 and 2021,
respectively, for all contracts for advertising services of
SBA-recognized socioeconomic subcategory-certified small
businesses, as defined in the Small Business Act, and all
minority-owned businesses.
In addition, the Committee encourages Federal departments
and agencies to consider using, to the greatest extent
possible, local media in their advertising, including local
television, radio broadcast stations, and newspapers. The
Committee further directs each department and agency funded by
this Act with annual advertising budgets in excess of $500,000
to include in its fiscal year 2022 justification details on
expenditures on local media advertising for fiscal years 2020
and 2021.
Services for Persons with Limited English Proficiency.--The
Committee notes the importance of ensuring access to Federal
services and programs for all persons with limited English
proficiency. Therefore, the Committee directs agencies and
programs funded in this Act to comply fully with the
requirements of Executive Order 13166, ``Improving Access to
Services for Persons with Limited English Proficiency,'' and on
an ongoing basis, review and improve their efforts to provide
meaningful access to the programs, services, and information
they provide.
Grants Training Practices.--In its 2018 report, Actions
Needed to Ensure Staff Have Skills to Administer and Oversee
Federal Grants, GAO found that many agencies vary in following
best practices in training approaches for their grants training
programs. The Committee directs each department and agency with
grants specialists to establish a process to monitor and
evaluate grants training at a centralized level and expects
that such agencies will work toward implementation of the
recommendations contained in GAO-18-491. The Committee looks
forward to GAO's briefing on these efforts, as requested in
House Report 116-122.
Drinking Water.--The Committee notes that not every Federal
agency provides complimentary filtered drinking water for
employees and urges Federal agencies to explore options for
ensuring access to filtered drinking water.
American Flag Purchases.--The Committee urges all Federal
agencies to purchase flags that contain 100 percent American-
made materials. Although current law requires the Federal
government to purchase flags made of only 50 percent American-
made materials, providing more support for American
manufacturers is recommended.
Fairness for Breastfeeding Mothers Act.--OMB and GSA are
directed to provide a written report to the Committee within 90
days of enactment of this Act detailing the steps that have
been taken to implement the Fairness for Breastfeeding Mothers
Act (P.L. 116-30).
Nondiscrimination Report.--The Committee directs OMB and
OPM to submit a report within 90 days of enactment of this Act
on their efforts to ensure that Federal agency resources for
grants, cooperative agreements, and other assistance do not
discriminate on the basis of age, disability, sex, race, color,
national origin, religion, gender identity, or sexual
orientation.
Cyberspace Solarium Commission Recommendations.--The
Committee recognizes and supports the priorities and
recommendations laid out in the Cyberspace Solarium
Commission's report and urges Federal departments and agencies
to align cybersecurity budgetary priorities with those laid out
by the Commission. In particular, the Committee calls attention
to recommendation 3.2, Develop and Maintain Continuity of the
Economy Planning; recommendation 4.6.3, Strengthen the Capacity
of the Committee on Foreign Investment in the United States,
particularly with respect to the need to train Federal
bankruptcy judges; recommendation 3.4, Improve and Enhance the
Funding of the Election Assistance Commission; and
recommendation 3.1, Strengthen Sector-specific Agencies'
Ability to Manage Critical Infrastructure Risk, particularly
with respect to the Department of the Treasury's Office of
Cybersecurity and Critical Infrastructure Protection.
Zero Trust Model.--The Committee is aware that the most
effective cybersecurity systems are based on the zero trust
model, which is designed not only to prevent cyber intrusions
but to prevent cyberthieves from accessing or removing
protected information. To ensure that Federal agencies achieve
the highest level of security against cyberattacks in the
shortest amount of time, the Committee encourages all agencies
to acquire and deploy zero trust cybersecurity software that is
compatible with all existing operating systems and hardware
platforms used by Federal agencies. The Committee also
encourages Federal agencies to acquire and utilize software
compatible with all existing operating systems and hardware
platforms that will enable agencies to measure or quantify
their risk of a cybersecurity attack in the months ahead and
the types of cyberattack the agency is most likely to
experience. Upon learning the risk and type of cyberattack the
agency is most likely to face, the agency shall immediately
take remedial action to minimize such risk. Agencies shall
include information in their fiscal year 2022 Congressional
Justification to Congress on their progress in complying with
this directive.
Impoundment of Resources.--The Committee notes and agrees
with GAO decision B-330330, issued on December 10, 2018,
regarding the withholding of budgetary authority from
obligation pending congressional consideration of a special
message under the Impoundment Control Act of 1974 (ICA). In
that decision, GAO concluded that ``the ICA does not permit the
withholding of funds through their date of expiration'' and
that ``under the Constitution, the President must take care to
execute the appropriations that Congress has enacted.'' The
Committee further notes GAO's observation in that decision that
an ``appropriation is a law like any other; therefore, unless
Congress has enacted a law providing otherwise, the President
must take care to ensure that appropriations are prudently
obligated during their period of availability.''
The Committee recommendation expands upon the existing
requirements under the ICA to make budget authority prudently
available for obligation with new language in section 748. This
new provision requires that budget authority proposed for
rescission or deferral pursuant to sections 1012 or 1013 of the
ICA be made available, not just in time to be prudently
obligated (as is required under the ICA), but, in any case, no
later than 90 calendar days before such budget authority would
expire. This requirement applies to the current period of
availability of budget authority proposed for rescission or
deferral under the ICA procedures, as well as the initial
period of availability of such budget authority. Withholding
budget authority with a fixed period of availability through
its expiration would not just violate the ICA but would violate
the requirements of this new provision as well. The Committee
recommendation includes a corresponding requirement that
appropriations be released to agencies through administrative
apportionment processes in time for the agencies to prudently
obligate their appropriations (as is already required under
current law), but in any case, to release funds to agencies no
later than 90 calendar days before such appropriation would
expire.
In furtherance of those requirements, the Committee
recommendation requires that GAO report on the Administration's
compliance with section 748, and that the President provide to
GAO such information, documentation, views, and access to
personnel as the Comptroller General determines is necessary to
complete any such report.
In addition, the Committee notes that apportionments are
only legally binding under the Antideficiency Act to the extent
that they are consistent with the law, and the Committee
expects that any department or agency will promptly notify
Congress in the event that an apportionment contains contrary
direction. To that end, the recommendation includes a provision
that requires each department and agency of the executive
branch to notify Congress if an apportionment is not provided
in the required timeframe, conditions (or purports to
condition) availability on some further action, could hinder
the department or agency's obligation of budgetary resources,
or otherwise improperly restricts budgetary resources.
Executive Branch Responsiveness to GAO.--The Committee is
troubled by the Administration's inconsistent application of
fiscal law and unresponsiveness to constitutionally appropriate
oversight. The Committee recommendation expands upon GAO's
current law access to information by including a requirement
for executive agencies to respond to GAO's written requests for
information, documentation, and views relating to a decision or
opinion on budget or appropriations law not later than 20 days
after the agency receives the request, unless such request
provides a later deadline. The bill requires the Administration
to notify Congress and GAO of any failure to provide GAO with
the information it requests, and it authorizes the Comptroller
General to bring suit to compel production of information,
documentation, or views withheld in violation of this section.
Further, in light of SBA's failure to comply with GAO's
independent and nonpartisan oversight of the Coronavirus Aid,
Relief, and Economic Security (CARES) Act, the bill includes
added requirements for SBA with respect to GAO relations, and
withholds funds from SBA until such requirements are met.
The recommendation also expands the reporting requirements
in the Antideficiency Act. Section 145 of OMB Circular A-11
sets out reporting requirements for Antideficiency Act
violation reports, which includes a summary of the cause of the
violation, identification of the position of the officials
responsible for the violation, and descriptions of the actions
the agency will take to prevent the recurrence of such
violation. The recommendation amends the reporting requirements
in the Antideficiency Act to codify and mandate compliance with
this existing practice and restores the longstanding
requirement that Antideficiency Act violation reports are
required when GAO finds that a violation occurred.
TITLE I--DEPARTMENT OF THE TREASURY
Departmental Offices
SALARIES AND EXPENSES
Appropriation, fiscal year 2020....................... $228,373,000
Budget request, fiscal year 2021...................... 241,473,000
Recommended in the bill............................... 231,861,000
Bill compared with:
Appropriation, fiscal year 2020................... +3,488,000
Budget request, fiscal year 2021.................. -9,612,000
The Departmental Offices support the Secretary of the
Treasury 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 international 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 $231,861,000 for Departmental
Offices, Salaries and Expenses.
In addition, the Coronavirus Aid, Relief, and Economic
Security Act (CARES Act) (P.L. 116-136) included $25,000,000
for the Department to prevent, prepare for, and respond to
coronavirus, domestically or internationally.
Treasury Forfeiture Fund.--The Department is directed to
continue 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 Literacy.--The Committee is concerned about the
low level of financial literacy and numeracy skills among the
adult population of the U.S. As the Department develops and
implements initiatives to educate and empower consumers to make
better informed financial decisions, the Committee directs the
Department to work with the Financial Literacy and Education
Commission (FLEC) to develop materials that effectively serve
at-risk groups, such as communities of color and historically
disadvantaged individuals. Further, the Committee encourages
the Department to explore the degree to which existing Federal
financial literacy programs benefit those individuals with low
literacy skills and to develop measurable goals and objectives
for the FLEC that address the needs of this population.
Finally, the Committee urges the Department to explore
opportunities to work with rural community-based adult and
family literacy organizations to promote and implement future
financial literacy initiatives.
Puerto Rico Technical Assistance.--Within 90 days of
enactment of this Act, the Department is directed to provide a
report to the Committee describing how the Department has used
its authority to provide technical assistance to Puerto Rico in
fiscal year 2020 and how it plans to use it in fiscal year
2021.
Cybersecurity in the Financial Services Sector.--The
Committee recognizes the need to protect the financial services
sector and its customers from the devastating effects of
cyberattacks and supports efforts by both industry and
government to mitigate this threat. The Committee encourages
continued coordination to develop consistent and workable
cybersecurity safeguards across the financial services sector,
including within the payment processing and financial
technology industries. Within funding provided, the Committee
expects the Department to make the activities of the Office of
Cybersecurity and Critical Infrastructure Protection (OCCIP) a
priority. OCCIP is directed to brief the Committee, within 90
days of enactment of this Act, on its collaborative efforts
with the financial services sector to enhance cybersecurity
controls and safeguards, and proposed methods and tools to
improve these efforts, such as nanoscale physically unclonable
function devices.
Treatment of U.S. Territories.--The Committee is concerned
with the continued inclusion of U.S. territories on the
European Union's (EU) list of non-cooperative jurisdictions for
tax purposes, and with the EU's decision to analyze U.S.
territories separately from the U.S. as a whole. This
blacklisting is damaging to investment and economic development
in the territories, particularly as the territories are
striving to recover from recent emergencies and natural
disasters. The Committee finds the blacklisting to be
unsubstantiated and rejects the inclusion of U.S. territories
on the list. The Committee urges the Department to continue its
efforts to have all U.S. territories removed from the list.
Consumer Payment Choice.--The Committee is aware of a
growing trend by retailers to refuse to accept cash as a form
of payment. Studies have shown this practice has a negative
impact on under-banked, unbanked, and other populations,
including the elderly and rural populations, and
disproportionate effects on wages, fees, and privacy. The
Committee looks forward to the timely submission of the
consumer payment choice report required in House Report 116-
122.
Automobile Insurance Rates.--The Committee is aware of
concerns regarding the lack of reliable data regarding
disparate pricing practices in the automobile insurance market.
The Committee believes that the availability of such data on
people of color and those in lower-income communities would be
useful to policymakers and researchers. Therefore, the
Committee directs the Federal Insurance Office to examine the
impact of non-driving related factors, such as a consumer's
credit history, homeownership status, census tract, marital
status, professional occupation, and educational attainment, on
the affordability of auto insurance premiums for traditionally
underserved communities.
Automatic Stabilizers.--The Committee urges Treasury to
study the advantages of automatic stabilizers such as
unemployment insurance in blunting economic downturns. The
Department should assess potential approaches to strengthening
existing stabilizers, such as automatic payments to
individuals, in the event of severe recessions, and consider
the usefulness of alternative indicators of the onset of a
recession, such as the ``Sahm rule.''
Student Loans.--The Committee directs Treasury, in
coordination with Federal banking regulators, to encourage
financial institutions to work constructively with private
student loan borrowers experiencing financial difficulties.
Soil Carbon Capture Tax Credit.--The Committee encourages
the Office of Tax Policy, in consultation with the Secretary of
Agriculture, to assess the feasibility of developing a tax
credit to incentivize carbon capture on farms and ranches.
Transparency of U.S. Treasury Markets.--The Committee
encourages the Department to continue efforts to enhance
transparency in the U.S. Treasuries market. In a report issued
in 2015, the Department made specific recommendations for
refining and enhancing the regulatory framework for Treasuries
and noted that that post-trade transparency in the U.S.
Treasury market is far more limited than in other markets.
Within 90 days of enactment of this Act, the Department is
directed to provide an update on efforts to increase post-trade
public transparency for U.S. Treasury securities, including the
real-time dissemination of information regarding trading
activity, including price and volume data, consistent with
post-trade data of similarly situated asset classes.
Banking Regulatory and Supervisory Treatment.--The
Committee recognizes the role that international banks play in
providing credit to U.S. businesses, enhancing liquidity to
financial markets, and employing people in the U.S. The
Committee encourages the Secretary, as chair of the Financial
Stability Oversight Council (FSOC), to work in close
coordination with other FSOC member agencies to ensure that the
current prudential regulatory and supervisory regimes are
aligned and promote a level playing field between international
banks and their U.S. peers based on their risk profile and
footprint within the U.S.
FSOC Guidance.--The Committee recognizes the guidance
finalized by FSOC on December 4, 2019, regarding the
designation of nonbank financial companies as systemically
important financial institutions, which outlines an activities-
based approach and is intended to make FSOC's process more
transparent, accountable, and rigorous. While FSOC's guidance
is important, the Committee recognizes Congress may also codify
these changes to require FSOC to focus on activities-based risk
assessments for nonbank financial companies, which would target
areas of potential systemic risk, instead of on designations of
individual companies.
COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES FUND
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2020....................... $20,000,000
Budget request, fiscal year 2021...................... 20,000,000
Recommended in the bill............................... 20,000,000
Bill compared with:
Appropriation, fiscal year 2020................... - - -
Budget request, fiscal year 2021.................. - - -
The Committee on Foreign Investment in the United States
(CFIUS) was established in 1975 to monitor the impact of
foreign investment in the U.S. and to coordinate and implement
Federal policy on such investment. The Foreign Investment Risk
Review Modernization Act of 2018 (FIRRMA) expanded the
jurisdiction of CFIUS to address growing national security
concerns over foreign exploitation of certain national security
structures which traditionally have fallen outside of the
Committee's jurisdiction, and modernized CFIUS processes to
better enable timely and effective reviews of covered
transactions. FIRRMA also established the CFIUS Fund to support
these expanded functions and responsibilities, and to collect
filing fees.
COMMITTEE RECOMMENDATION
The Committee recommends $20,000,000 for the CFIUS Fund. In
addition, $24,146,000 is included under ``Departmental
Offices--Salaries and Expenses'' to enable the Department to
hire an additional 39 FTE by the end of fiscal year 2021 to
support the anticipated growth in the CFIUS caseload. The
Committee supports the Department's efforts to hire and fully
staff operations for CFIUS activities, including its critical
role in reviewing transactions that may pose a national
security threat.
The Committee notes the importance of closely monitoring
anti-competitive consolidations that hurt small business and
often result in artificial price inflation.
OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE
SALARIES AND EXPENSES
Appropriation, fiscal year 2020....................... $169,712,000
Budget request, fiscal year 2021...................... 172,751,000
Recommended in the bill............................... 172,751,000
Bill compared with:
Appropriation, fiscal year 2020................... +3,039,000
Budget request, fiscal year 2021.................. - - -
Economic and trade sanctions issued and enforced by the
Office of Terrorism and Financial Intelligence's (TFI) Office
of Foreign Assets Control (OFAC) protect the financial system
from being polluted with criminal and illicit activities and
counteract national security threats from drug lords,
terrorists, human rights abusers, weapons of mass destruction
proliferators, and rogue nations, among others. In addition to
the enforcement of sanctions, TFI also produces vital analysis
of foreign intelligence and counterintelligence across all
elements of the national security community.
COMMITTEE RECOMMENDATION
The Committee recommends $172,751,000 for the Office of
Terrorism and Financial Intelligence.
The Committee strongly supports OFAC's critical role in
punishing malign actors' behavior, particularly Russia's
escalating aggression in Ukraine and insidious influence
operations in Europe and the U.S. TFI is directed to brief the
Committee within 90 days of enactment of this Act on the
allocation of staffing and resources among OFAC's active
sanctions programs.
Russian Sanctions.--The Committee is concerned that high-
ranking Russian officials and oligarchs are evading sanctions
by transferring assets to family members, thereby weakening the
sanctions regime on those responsible for Russia's continued
aggression in Ukraine and human rights abuses. The Committee
urges OFAC to conduct a review of the transfer of Russian
assets and apply sanctions to personal relatives where
appropriate. Such sanctions should be tied to gross human
rights abuses such as illegal detainment of prisoners of war
and other freedom-fighters.
Human Rights Abuse and Corruption Sanctions.--The Committee
supports robust enforcement of human rights abuse and
corruption-related sanctions, and includes not less than
$3,000,000 for the enforcement of such sanctions, including
activities authorized by the Global Magnitsky Human Rights
Accountability Act. The Committee directs OFAC to brief within
90 days of enactment of this Act on its efforts to investigate
and impose sanctions pursuant to the Global Magnitsky Human
Rights Accountability Act, including an explanation of why such
sanctions have rarely been undertaken with respect to senior
government officials in Honduras, Guatemala, and El Salvador.
Preventing Cybercrime in U.S. Financial Markets.--The
Committee encourages OFAC to continue preventing known foreign
sponsored actors of cybercrime from accessing the United States
financial markets. The Committee is concerned that many cyber
criminals, state sponsored or otherwise, are still gaining
access to payments through financial markets and their
activities pose a substantial national and economic threat to
the United States.
Sanctions Enforcement in Africa.--The Committee is
concerned that corruption continues to be an impediment to
social, economic, and political development in nations such as
Sudan, South Sudan, the Central African Republic, and the
Democratic Republic of Congo. The Committee supports the use of
funds to enhance regional expertise and capacity to promote the
effectiveness of sanctions regimes designed to curtail money
flows that are fueling wars and contributing to regional
destabilization.
CYBERSECURITY ENHANCEMENT ACCOUNT
Appropriation, fiscal year 2020....................... $18,000,000
Budget request, fiscal year 2021...................... 18,000,000
Recommended in the bill............................... 18,000,000
Bill compared with:
Appropriation, fiscal year 2020................... - - -
Budget request, fiscal year 2021.................. - - -
The Cybersecurity Enhancement Account (CEA) is a dedicated
account designed to identify and support Department-wide
investments for critical IT improvements, including the systems
identified as High Value Assets.
COMMITTEE RECOMMENDATION
The Committee recommends $18,000,000 for the CEA.
The Treasury Chief Information Officer (CIO) is directed to
continue to review and approve each investment under the CEA
and submit quarterly reports on the progress of each
investment. To ensure the Treasury CIO retains control over the
execution of these funds, the recommendation does not permit
the transfers of funds from the CEA.
DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2020....................... $6,118,000
Budget request, fiscal year 2021...................... 13,500,000
Recommended in the bill............................... 6,000,000
Bill compared with:
Appropriation, fiscal year 2020................... -118,000
Budget request, fiscal year 2021.................. -7,500,000
The Department-wide Systems and Capital Investments
Programs account funds capital investments that support the
missions of all Treasury bureaus and programs.
COMMITTEE RECOMMENDATION
The Committee recommends $6,000,000 for Department-wide
Systems and Capital Investments Programs.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
Appropriation, fiscal year 2020....................... $41,044,000
Budget request, fiscal year 2021...................... 39,335,000
Recommended in the bill............................... 41,044,000
Bill compared with:
Appropriation, fiscal year 2020................... - - -
Budget request, fiscal year 2021.................. +1,709,000
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 $41,044,000 for the OIG to conduct
audits of the Department's highest risk programs and continue
its investigative work to prevent, detect, and investigate
complaints of fraud, waste, and abuse impacting Treasury
programs and operations.
In addition, the Coronavirus Aid, Relief, and Economic
Security Act (CARES Act) (P.L. 116-136) included $35,000,000
for the OIG to conduct oversight of the Coronavirus Relief
Fund.
TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION
SALARIES AND EXPENSES
Appropriation, fiscal year 2020....................... $170,250,000
Budget request, fiscal year 2021...................... 171,350,000
Recommended in the bill............................... 171,350,000
Bill compared with:
Appropriation, fiscal year 2020................... +1,100,000
Budget request, fiscal year 2021.................. - - -
The Office of Treasury Inspector General for Tax
Administration (TIGTA) conducts audits, investigations, and
evaluations to assess the operations and programs of the
Internal Revenue Service (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 $171,350,000 for TIGTA.
Healthy and Safety of IRS Employees.--The Committee
believes that protecting the health and safety of all Federal
workers is a top priority. The Committee directs TIGTA to
submit a report to the Committee within 90 days of enactment of
this Act that includes the following information related to the
COVID-19 pandemic: IRS's policies and guidance to protect the
health and safety of all IRS employees and how these compare to
the Centers for Disease Control and Office of Personnel
Management guidance, all safety and health incidents, and the
employee telework and return-to-work notification process.
Additionally, the report should include TIGTA's recommendations
for improvement.
Tax-Exempt Status Compliance.--The Committee is concerned
with 501(c) and 501(c)(5) organizations abusing their tax-
exempt status. The Committee urges the IRS to ensure that these
organizations meet all conditions in order to maintain their
tax-exempt status. Within 180 days of the enactment of this
Act, the Committee requests TIGTA to provide an update on
Noncompliant Activity by Exempt Organizations (audit number:
201910021) and Tax Exempt and Government Entities Division's
Examinations of Unrelated Business Income Tax (audit number:
201930025), from TIGTA's fiscal year 2020 Annual Audit Plan for
the IRS.
Coronavirus Aid, Relief, and Economic Security (CARES)
Act.--The Committee emphasizes the importance of prevention and
detection of fraud and abuse and requests updates from TIGTA on
its audits and investigations in this area.The Committee is
interested in TIGTA's reviews of the implementation of the
CARES Act to determine whether taxpayers received the law's
intended benefits as well as whether the IRS has sufficient
processes in place to identify fraud, abuse, and noncompliance
with the law's provisions.
SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF PROGRAM
SALARIES AND EXPENSES
Appropriation, fiscal year 2020....................... $22,000,000
Budget request, fiscal year 2021...................... 17,500,000
Recommended in the bill............................... 19,000,000
Bill compared with:
Appropriation, fiscal year 2020................... -3,000,000
Budget request, fiscal year 2021.................. +1,500,000
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). SIGTARP's 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.
COMMITTEE RECOMMENDATION
The Committee recommends $19,000,000 for SIGTARP, to enable
the office to continue to execute its vital mission to target
crime at financial institutions and protect taxpayer dollars.
Financial Crimes Enforcement Network
SALARIES AND EXPENSES
Appropriation, fiscal year 2020....................... $126,000,000
Budget request, fiscal year 2021...................... 126,963,000
Recommended in the bill............................... 126,963,000
Bill compared with:
Appropriation, fiscal year 2020................... +963,000
Budget request, fiscal year 2021.................. - - -
The mission of the Financial Crimes Enforcement Network
(FinCEN) is to safeguard the financial system from illicit use;
combat money laundering; and promote national security through
the collection, analysis, and dissemination of financial
intelligence and strategic use of financial authorities. FinCEN
supports Federal, State, local, and international law
enforcement agency investigations of money laundering and other
financial crimes, and fosters interagency and global
cooperation against domestic and international financial
crimes.
COMMITTEE RECOMMENDATION
The Committee recommends $126,963,000 for FinCEN.
Business Email Compromise.--Email compromise fraud schemes
generally entail criminal attempts to compromise the email
accounts of victims to send fraudulent payment instructions to
financial institutions or business associates in order to
misappropriate funds or to assist in financial fraud. The
Committee is concerned with the prevalence of such schemes in
the real estate sector. FinCEN is directed to brief the
Committee within 90 days of enactment on its ongoing efforts to
combat and raise awareness of business email compromise scams,
including joint activities conducted with the Department of
Justice, Federal Bureau of Investigation, Federal Trade
Commission, and other relevant agencies.
Geographic Targeting Orders.--FinCEN is expected to keep
the Committee apprised of the Department's efforts to detect
money laundering and other illicit activity involving real
estate transactions through the use of Geographic Targeting
Orders.
Innovative Efforts to Combat Money Laundering.--The
Committee recognizes the importance of public-private
partnerships in strengthening Bank Secrecy Act and anti-money
laundering compliance programs, while at the same time reducing
compliance costs and facilitating the movement of legitimate
financial transactions. The Committee urges FinCEN to continue
to work with Federal regulators and financial institutions to
encourage innovative approaches to detect and combat money
laundering and terrorist financing, including artificial
intelligence and machine learning technology. FinCEN shall
brief the Committee within 60 days of enactment of this Act on
its efforts in this regard.
Trade-Based Money Laundering.--The Committee looks forward
to the report required in the explanatory statement
accompanying the Financial Services and General Government
Appropriations Act, 2020, regarding the risk that trade-based
money laundering and other forms of illicit finance pose to
national security.
Asia-Pacific Region.--The Committee recognizes the
importance of FinCEN's support to law enforcement cases in
Hawaii and the U.S. Pacific territories as part of the Bureau's
broader mission to combat money laundering and promote national
security. FinCEN shall brief the Committee within 60 days of
enactment of this Act on current trends and methods of money
laundering in the Asia-Pacific Region and ongoing efforts to
counter this activity.
Human Trafficking.--The Committee appreciates FinCEN's
history of supporting law enforcement cases that combat human
trafficking, including its 2014 Guidance on Recognizing
Activity that May be Associated with Human Smuggling and Human
Trafficking to financial institutions, 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, FinCEN shall marshal its unique
expertise in analyzing financial flows for this important
effort in the course of ongoing strategic operations and
provide the appropriate assistance to law enforcement agencies
in their human trafficking investigations.
Bureau of the Fiscal Service
SALARIES AND EXPENSES
Appropriation, fiscal year 2020....................... $340,280,000
Budget request, fiscal year 2021...................... 360,200,000
Recommended in the bill............................... 341,069,000
Bill compared with:
Appropriation, fiscal year 2020................... +789,000
Budget request, fiscal year 2021.................. -19,131,000
The mission of the Bureau of the Fiscal Service (Fiscal
Service) is to promote the financial integrity and operational
efficiency of the U.S. Government through accounting,
borrowing, collections, payments, and shared services. The
Fiscal Service is the Federal government's central financial
agent. The Fiscal Service 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 Fiscal Service is the primary agency for
collecting Federal non-tax debt owed to the government and is
responsible for all public debt operations and the promotion of
the sale of U.S. securities.
COMMITTEE RECOMMENDATION
The Committee recommends $341,069,000 for the Fiscal
Service.
In addition, the Coronavirus Aid, Relief, and Economic
Security Act (CARES Act) (P.L. 116-136) included $78,650,000
for the Fiscal Service to prevent, prepare for, and respond to
coronavirus, domestically or internationally.
Transparency in Federal Spending.--Transparency and
accountability are critical to a democratic and fiscally
responsible government, and USASpending.gov is the primary
portal through which the public can review and understand
Federal spending. While the Committee is pleased by ongoing
improvements to the website, the Committee is concerned about
recent Inspector General audits that revelated limitations in
functionality and ongoing data quality problems that often
prevents users from getting complete and correct answers to
their inquiries about Federal spending. Therefore, the
Committee directs the Fiscal Service to work with OMB and other
Federal agencies to improve USASpending. In addition, the
Committee directs the Fiscal Service to continue to make basic
information about the use of financial agents publicly
available in a central location, including compensation paid to
each financial agent and a description of the services
provided. The Committee further directs the Fiscal Service to
coordinate with OMB to publish all unclassified vendor
contracts and grant awards for all Federal agencies online at
USAspending.gov. The Committee looks forward to receiving the
report on transparency in Federal spending required in House
Report 116-122.
Alcohol and Tobacco Tax and Trade Bureau
SALARIES AND EXPENSES
Appropriation, fiscal year 2020....................... $119,600,000
Budget request, fiscal year 2021...................... 125,837,000
Recommended in the bill............................... 121,804,000
Bill compared with:
Appropriation, fiscal year 2020................... +2,204,000
Budget request, fiscal year 2021.................. -4,033,000
The Alcohol and Tobacco Tax and Trade Bureau (TTB) is
responsible for the enforcement of laws designed to eliminate
certain illicit activities and the regulation of 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 $121,804,000 for the TTB.
Trade Practice Enforcement and Education.--The
recommendation includes $5,000,000 for TTB to continue its
education and enforcement efforts for industry trade practice
violations. Enforcement of basic trade practice functions,
required under the Federal Alcohol Administration Act, is
critical to ensuring a competitive, fair, and safe marketplace.
The Committee urges the TTB to increase its outreach to educate
and inform the industry on trade practice laws and regulations.
Within 60 days of enactment of this Act, the Committee directs
the TTB to report on how the funding will be used to bolster
enforcement, forensic audits, and investigations, particularly
in known points in the supply chain that are susceptible to
illegal activity, as well as increase education activities and
accessibility to permit holders in all 50 States.
Negotiated Settlements.--The Committee is aware of
continued concerns regarding the inconsistent and opaque
standards for negotiated settlements in lieu of permit actions
for alleged trade practice violations. House Report 116-122
required the submission of a report within 60 days of enactment
on the processes TTB uses when engaging in settlement
negotiations. The Committee is disappointed that this report,
which is nearly five months overdue, has yet to be submitted.
TTB is urged to expeditiously submit this report and to make it
publicly available on the agency's website, as directed in
House Report 116-122, to increase transparency on this process.
Puerto Rico Conservation Trust Fund.--The Committee
supports the Puerto Rico Conservation Trust Fund and encourages
TTB to continue to collect and distribute authorized taxes
which support the fund's conservation efforts in the same
manner as in fiscal year 2020.
United States Mint
UNITED STATES MINT PUBLIC ENTERPRISE FUND
The United States Mint (the 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 Congress.
COMMITTEE RECOMMENDATION
The Committee recommends a spending level for capital
investments by the Mint for circulating coinage and protective
services of $50,000,000 for fiscal year 2021.
Coin Metal Modification.--In the March 2019 report,
Financial Benefit of Switching to a $1 Coin Is Unlikely, but
Changing Coin Metal Content Could Result in Cost Savings, GAO
recommended that Congress consider amending the law to provide
the Secretary of the Treasury with the authority to alter the
metal composition of circulating coins. The Committee supports
changes to the metal content of coins if it reduces costs
incurred by the U.S. taxpayers, allows coins to work
interchangeably in most coin acceptors, and has a minimal
adverse impact on the public and stakeholders.
Community Development Financial Institutions Fund Program Account
Appropriation, fiscal year 2020....................... $262,000,000
Budget request, fiscal year 2021...................... 14,000,000
Recommended in the bill............................... 273,500,000
Bill compared with:
Appropriation, fiscal year 2020................... +11,500,000
Budget request, fiscal year 2021.................. +259,500,000
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 $273,500,000 for the CDFI Fund
program. Of the amounts recommended, $171,000,000 is for
financial and technical assistance grants, $16,000,000 is for
Native Initiatives, $25,000,000 is for the Bank Enterprise
Award Program, $22,000,000 is for the Healthy Food Financing
Initiative, $10,000,000 is for the Small Dollar Loan Program,
and $29,500,000 is for administrative expenses. In addition,
the Committee recommends a loan limit of $500,000,000 for the
Bond Guarantee Program.
CDFIs in U.S. Insular Areas.--The Committee notes the
absence of CDFIs serving American Samoa, Northern Mariana
Islands, and other U.S. insular areas and recommends that the
CDFI Fund use its Capacity Building Initiative to expand
service to these areas to the extent practical.
CDFI Program Integration for Individuals with
Disabilities.--The Committee is pleased to include $6,000,000
in dedicated funds for financial and technical assistance
grants to position more CDFIs to respond to the housing,
transportation, education, and employment needs of underserved,
low-income individuals with disabilities. By increasing the
visibility of the disability community, the Committee expects
CDFIs to incorporate the needs of the disabled into their
business plans and practices.
Within 180 days of enactment of this Act, the CDFI Fund is
required to submit a report to the Committee summarizing the
number of awards, amount of each award, types of programs,
impact of the funding on the number of CDFIs serving the
disability community, and recommendations to improve the award
process to CDFIs seeking funds for this program.
Persistent-Poverty Areas.--Building upon the existing
investment requirement in persistent poverty counties that has
been included in previous appropriations Acts, the Committee
supports increasing targeted investments in high-poverty areas,
defined as any census tract with a poverty rate of at least 20
percent as measured by the 2011-2015 5-year data series
available from the American Community Survey of the Census
Bureau.
High Poverty Areas.--The Committee appreciates the CDFI
Fund's efforts to increase the overall dollar amount invested
by awardees in high-poverty areas. Within 180 days of enactment
of this Act, the CDFI Fund is directed to submit a report on
the amount and percentage increase of financial assistance
awardee investments made in high-poverty areas over the most
recent three fiscal years. The report should also detail the
impact these investments have had on populations living in
high-poverty areas. If the percentage of financial assistance
awardee investments made in high-poverty areas in fiscal year
2020 was less than the average percentage of financial
assistance awardee investments made in high-poverty areas in
fiscal years 2017, 2018, and 2019, the report shall explain why
the benchmark was unable to be met and what steps are being
taken to meet it in fiscal year 2021.
The Committee directs the CDFI Fund to place a priority on
making additional funds available to CDFIs that have provided
no less than 15 percent of their total lending to recipients in
persistent poverty counties, as measured by a three-year
average of their activity. Within one year of enactment of this
Act, the CDFI Fund is directed to submit a report to the
Committee on the implementation of this request.
Small Dollar Loan Program.--The Committee is pleased to
dedicate $10,000,000 for the Small Dollar Loan Program. The
Committee directs the CDFI Fund to brief the Committee within
90 days of enactment of this Act on the implementation of the
program.
CDFI Outreach.--Within 180 days of enactment of this Act,
the CDFI Fund is required to submit a report to the Committee
on Appropriations of the House and Senate summarizing its
outreach efforts over the past ten years including the (1)
type, number, and location of outreach activities, and (2)
recommendations to improve its outreach process to rural, non-
foreign areas, and underserved communities.
Bond Guarantee Program.--The Committee observes that
existing taxpayer safeguards in place during fiscal year 2019
and prior years resulted in no losses over the life of the Bond
Guarantee Program (BGP) and that the Administration proposal to
add further restrictions in the form of collateral and cash
requirements, liquidity premiums, escrow procedures, and
designated bonding authority risks shutting out credit-worthy
CDFIs from accessing this valuable source of long-term debt to
the detriment of communities across the nation. The Committee
directs the CDFI Fund to follow BGP requirements consistent
with fiscal year 2019 and prior years. Within 180 days of
enactment of this Act, the Department of the Treasury shall
report to the Committee on measures it is taking to expand the
delivery of BGP resources to high poverty communities. To
encourage greater utilization of the BGP, the Department shall
include in the report an assessment of the potential benefits
of reducing the minimum bond size from $100,000,000 to
$50,000,000.
Civil Unrest Assistance.--The Committee is concerned with
the impact of civil unrest experienced by many communities
throughout the country. The Committee encourages no less than
$20,000,000 be provided by CDFIs which serve areas that have
been impacted by civil unrest to assist in the economic
rebuilding, revitalization, and economic growth in these areas.
Additionally, the Committee directs the CDFI Fund to provide a
report within one year after the enactment of this Act on
communities that experienced civil unrest in 2020 including the
amount of funding, the type of award provided, and impact the
funding has made on rebuilding the community.
Internal Revenue Service
The Committee recommends $12,116,491,000 for the Internal
Revenue Service (IRS), which constitutes an increase of
$606,437,000, or 5 percent, above the fiscal year 2020 enacted
level. The fiscal year 2021 recommendation increases funding
above the fiscal year 2020 enacted level in all four IRS
accounts.
In addition, the Families First Coronavirus Response Act
(P.L. 116-127) included $15,000,000 and the Coronavirus Aid,
Relief, and Economic Security Act (CARES Act) (P.L. 116-136)
included $750,700,000 for the IRS to prevent, prepare for, and
respond to coronavirus, domestically or internationally.
Once again, the fiscal year 2021 request for the IRS
includes $400,000,000 under a discretionary program integrity
cap adjustment. This funding was requested in the Enforcement
and Operations Support accounts to fund new personnel and
investments as well as expand and improve IRS's overall
operations. Although the Committee recognizes IRS's needs for
additional funding, the fiscal year 2021 budget agreement does
not include a program integrity cap adjustment. The Committee
realizes that not receiving the $400,000,000 under the program
cap adjustment will further strain IRS resources. This looms on
an agency that has outdated legacy systems and is struggling to
train, maintain, and hire needed expertise to advance the
mission of the IRS.
Within the IRS allocation, the Committee is pleased that
the IRS will continue implementation of the Taxpayer First Act
of 2019, which will revamp customer service, introduce new
taxpayer protections, and deliver new online service platforms
to facilitate filing and payment for individuals and
businesses. The Committee looks forward to future briefings on
the status and outputs of the Taxpayer First Act
implementation, especially the IRS's reorganization plan.
Additionally, the recommendation includes $250,000,000 for
Business Systems Modernization. These resources are dedicated
for the IRS Integrated Modernization Business Plan, which aims
to improve the taxpayer experience by modernizing core tax
administration systems, improving IRS operations, and
strengthening cybersecurity. The Committee supports efforts by
the IRS to modernize the agency's legacy systems and has
included report directives to the IRS to provide the Committee
with detailed plans for completing the Customer Account Data
Engine 2 (CADE 2) and retiring the Individual Master File
(IMF).
The Committee continues to be discouraged with the level of
service taxpayers are receiving. Additionally, the Committee is
concerned over the level and quality of taxpayer customer
service that will be offered post COVID-19. Not only will the
IRS have to prepare for the upcoming tax season, but the agency
will also have to handle taxpayer issues associated with COVID-
19 Economic Income Payments, which will increase the demand and
need for quality customer service.
Cost of War.--The Committee encourages continued compliance
with section 1090 of Public Law 114-328, the National Defense
Authorization Act for fiscal year 2017, which requires the
Department of Defense, the Department of Commerce's Bureau of
Economic Analysis, and the IRS to calculate the cost to every
taxpayer of the wars in Afghanistan, Iraq, and Syria. The
Committee believes it is important that the IRS continue to
comply with the law by updating and archiving this information
on an annual basis in a centralized, publicly accessible,
online location.
Child Care Credit.--The Committee is aware of an urgent
need to support access to quality, affordable child care.
Therefore, the Committee directs GAO to conduct an evaluation
of the employer-provided child care credit and report to the
Committee within one year of enactment of this Act with
information that may include the following: the common
characteristics of employers that are using the child care
credit, challenges identified by employers that are not using
the credit, and the extent to which employees benefit from
available child care when employers use the child care credit.
GAO should include any recommendations based on their findings
regarding the use of the tax credit to ensure employees have
access to child care. The Committee directs the IRS to provide
any data that GAO may request for this report.
Controlled Foreign Corporations.--The Committee directs the
IRS to submit a report to the Committee, within 90 days of
enactment of this Act, that quantifies Federal, State, and
territorial tax avoidance by companies that operate controlled
foreign corporations in Puerto Rico and by individuals and
other businesses that have moved from a State; describes the
measures that would need to be taken to eliminate any possible
tax avoidance; and includes a plan enumerating the legislative
changes needed to make Puerto Rico a domestic jurisdiction for
tax purposes. Additionally, the Committee instructs the
Department to submit a report within 30 days of enactment of
this Act on Puerto Rico's efforts to replace Act 154 with a
territorial corporate income tax system, and to keep the
Committee informed of any developments thereafter.
User Fee and Spending Reports.--The Committee directs the
IRS to submit a user fee spending plan within 60 days of
enactment of this act detailing planned spending on its four
appropriations accounts. Additionally, the Committee directs
the IRS to submit on a quarterly basis, FTE usage and
obligations by account and anticipated FTE usage and spending
through fiscal year 2021.
The Internal Revenue Service shall comply with section 6103
of the Internal Revenue Code in all reports.
A description of the Committee's recommendation by
appropriation is provided below.
TAXPAYER SERVICES
Appropriation, fiscal year 2020....................... $2,511,554,000
Budget request, fiscal year 2021...................... 2,562,554,000
Recommended in the bill............................... 2,602,554,000
Bill compared with:
Appropriation, fiscal year 2020................... +91,000,000
Budget request, fiscal year 2021.................. +40,000,000
The Taxpayer Services appropriation provides for taxpayer
services, including forms and publications; processing of tax
returns and related documents; filing and account services;
taxpayer advocacy services; and assistance to taxpayers to
understand their tax obligations, correctly file their returns,
and pay taxes due in a timely manner.
COMMITTEE RECOMMENDATION
The Committee recommends $2,602,554,000 for Taxpayer
Services.
Taxpayer First Impact on Secondary Mortgage Market.--The
Committee directs the IRS to conduct a study detailing the
implementation of the Taxpayer First Act (P.L. 116-25) as it
relates to any impact on the secondary mortgage market,
including instances of a single borrower with jointly filed tax
returns. The IRS shall submit the report to the Committee
within 90 days of enactment of this Act.
Taxpayer ID Theft.--The Committee reminds the IRS of the
directive in House Report 116-122 that requires the IRS to
report on the number of taxpayers who have had their tax return
rejected because their Social Security or taxpayer
identification number was improperly used by another individual
to commit tax fraud; the average time to resolve the situation
and provide innocent taxpayers with their refund, when a refund
is due; and the number of cases involving taxpayer
identification numbers of residents of the territories. This
report was also directed to include a discussion on IRS's
progress and plans to expedite resolution for these taxpayers;
to prevent non-victims from becoming victims; to educate the
public on the threat of identity theft; and to detect, prevent,
and combat identity-based tax fraud and actions. The Committee
directs the IRS to continue their work related to identity
theft tax refund fraud in fiscal year 2021.
Free File Program.--The Committee is concerned about
confusing guidance and low participation of the Free File
program. The Committee urges the IRS to increase promotion of
the Free File program via press releases, press outreach,
social media, and other communications with taxpayers.
Additionally, Congress directs the IRS, in consultation with
the National Taxpayer Advocate, to submit a report to the
Committees on Appropriations of the House and Senate within 90
days of enactment of this Act summarizing the actions it has
taken to address recommendations made by the MITRE Corporation
2019 Free File Report. Furthermore, the Committee urges the IRS
to include Military Tax and other free tax preparation and
filing services provided by the Department of Defense in all
promotional material targeted at military servicemembers.
Telephone Service.--The Committee remains concerned that
taxpayers are not receiving the level of telephone service they
require and that the IRS's ``Level of Service'' (LOS) measure
of telephone performance understates the severity of the
problem.The National Taxpayer Advocate has pointed out that
although the LOS measure is widely understood to reflect the
percentage of all calls that IRS employees answer, the LOS
measure does not take into account the significant majority of
calls the IRS receives, which either are directed for automated
responses or result in taxpayer hang-ups. In addition, the LOS
measure the IRS publishes includes only calls to the Accounts
Management lines and excludes calls to the compliance lines. In
fiscal year 2019, the National Taxpayer Advocate reports the
IRS claimed an LOS of 65 percent, yet telephone assistors
answered only about 29 million of nearly 100 million calls
overall (29 percent). The Committee directs the IRS to include
in its fiscal year 2022 Congressional budget submission data on
the number of calls received, the number of calls answered by
telephone assistors, and the percentage of all calls answered
by telephone assistors, and to report this data separately for
its Accounts Management telephone lines, its compliance
telephone lines, and all telephone lines combined.
Multilingual IRS Notices.--Taxpayers with limited English
proficiency make up 5.3 million households and frequently do
not receive notices in their preferred languages. The Committee
directs the IRS to develop a plan to place a checkbox on Form
1040 to allow taxpayers to choose to receive their notices in
Spanish and other languages, including but not limited to
Chinese, Vietnamese, Somali, Hmoob, French/French Creole, and
Tagalog. Additionally, the Committee directs the IRS develop a
plan to identify and translate additional notices that provide
information on statutory rights and webpages that pertain to
those notices.
Modernization of Forms.--The Committee supports the IRS's
efforts to modernize its forms and internal and external
digital services consistent with the requirements of the 21st
Century Integrated Digital Experience Act (IDEA) (Public Law
115-336). The Committee believes the 21st Century IDEA will
enable the IRS Media and Publication division to improve
internal workflows, which in turn will enhance the digital
service delivery for taxpayers and reduce costs. The Committee
directs that of the amount provided, not less than $8,000,000
be used to ensure that the IRS's most critical paper-based
forms are mobile responsive and fully compliant with Public Law
115-336. The IRS is directed to brief the Committee on the
status of their modernization efforts within 180 days of
enactment of this Act. However, in vulnerable populations,
especially in rural communities where internet usage rates are
below the national average, the Committee encourages the IRS to
continue to provide printed forms and instructions.
Backlog of Taxpayer Correspondence.--As of July 2020, the
IRS had a correspondence backlog of 12 million pieces of mail.
As a result of COVID-19, the IRS was unable to open mail for an
extended period of time, which has added to this backlog. The
IRS is directed to brief the Committee quarterly on the status
of the correspondence backlog, focusing on timeframe for
addressing and strategies to reduce the backlog.
ENFORCEMENT
Appropriation, fiscal year 2020....................... $5,010,000,000
Budget request, fiscal year 2021...................... 5,351,243,000
Recommended in the bill............................... 5,206,246,000
Bill compared with:
Appropriation, fiscal year 2020................... +196,246,000
Budget request, fiscal year 2021.................. -144,997,000
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 of employee
pension plans; determinations of qualifications of
organizations seeking tax-exempt status; examinations of tax
returns of exempt organizations; enforcement of statutes
relating to detection and investigation of criminal violations
of the internal revenue laws; identification of underreporting
of tax obligations; securing of unfiled tax returns; and
collecting of unpaid accounts.
COMMITTEE RECOMMENDATION
The Committee recommends $5,206,246,000 for Enforcement.
The Committee recommends not less than $60,257,000 to support
IRS activities for the Interagency Crime and Drug Enforcement
program.
Digital Protection Initiative.--The Committee is cognizant
of the rising threats to citizens as they engage with the
government online. It is critical that the IRS tap into
commercially available, affordable, proven, automated
technology to protect taxpayers from criminals who would
impersonate legitimate IRS resources or take other measures to
defraud U.S. citizens of their personal information and funds.
Private Debt Collection Agencies.--The Committee continues
to pay close attention to the performance of the IRS private
debt collection program. To assist in that oversight, the IRS
is directed to provide quarterly updates to the Committee on
the ranked performance of each private collection agency (PCA)
along with a comparison to the performance of firms working
with the Bureau of Fiscal Service. Additionally, the Committee
directs the IRS to conduct an immediate review of the PCAs
currently working with the program to determine if additional
competition by eligible vendors would be beneficial to both
taxpayers and the IRS.
Virtual Currencies Guidance.--The Committee directs the IRS
to continue to update its guidance on the tax consequences and
basic reporting requirements for taxpayers that use virtual
currencies, including acceptable methods for calculating the
fair market value of virtual currencies, acceptable methods of
determining the cost basis of virtual currency dispositions,
and the tax treatment of tokens resulting from virtual currency
network forks.
Non-Filers.--TIGTA has identified serious lapses in the IRS
non-filer program, particularly with respect to high-income
non-filers. For tax years 2014-2016, TIGTA identified
approximately 879,000 high-income taxpayers that did not have a
satisfied filing requirement, with estimated total taxes due of
$45.7 billion. The Committee encourages the IRS to focus its
enforcement efforts on the taxpayers who have the highest risk
of noncompliance, specifically high-income taxpayers.
White Collar Criminals.--The Committee is concerned about
white-collar criminals' use of tax havens, low-tax countries,
and other techniques to defraud the Federal government of
important revenue. The Committee is deeply concerned that
recent reports show that, according to IRS data, millionaires
in 2018 were close to 80 percent less likely like to be audited
than in 2011. The Committee recognizes that the Treasury
Department estimates that every $1 in enforcement can produce
$5 in additional revenue. Recapturing these funds is a
responsible first step in reducing the Federal deficit and
ensuring the U.S. government can carry out its vital services.
Reducing the Tax Gap.--The Committee appreciated GAO report
19-491, which identified that the IRS could improve its use of
existing data to identify abusive schemes involving tax-exempt
entities. Abusive tax schemes contribute to the tax gap and
threaten the tax system's integrity. Improving the integrity of
the tax system in this area could help reduce the tax gap. GAO
found that while IRS has established programs to help identify
new abusive schemes, opportunities exist to better ensure that
IRS accomplishes its objectives of identifying existing and
emerging schemes. The Committee encourages the IRS to follow
through on GAO's recommendations.
IRS Workforce.--The Committee directs the IRS to engage in
strategic workforce planning and hire staff to fill mission
critical occupations such as tax examiners and revenue
officers.
OPERATIONS SUPPORT
Appropriation, fiscal year 2020....................... $3,808,500,000
Budget request, fiscal year 2021...................... 4,224,706,000
Recommended in the bill............................... 4,057,691,000
Bill compared with:
Appropriation, fiscal year 2020................... +249,191,000
Budget request, fiscal year 2021.................. -167,015,000
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 $4,057,691,000 for Operations
Support. The recommendation is $249,191,000 above fiscal year
2020.
Obligations and Employment.--Within 45 days of the end of
each quarter for calendar year 2021, the IRS is directed to
submit to the Committee an obligation and personnel report. The
report shall include information about the obligations made
during the previous quarter by appropriation, object class,
office, and activity; the estimated obligations for the
remainder of the fiscal year by appropriation, object class,
office, and activity; the number of FTE within each office
during the previous quarter; and the estimated number of FTE
within each office for the remainder of the fiscal year.
Information Technology Reports.--Within 30 days of the end
of each quarter for calendar year 2021, the IRS is required to
submit a report on major information technology project
activities to the Committee and to GAO. The Committee expects
the reports to include detailed, plain English explanations of
the cumulative expenditures and schedule performance to date,
specified by fiscal year; the costs and schedules for the
previous three months; the anticipated costs and schedules for
the upcoming three months; and the total expected costs to
complete IRS's top five major information technology project
activities. In addition, the quarterly report should include
the date the project was started; the expected date of
completion; the percentage of work completed as compared to
planned work; the current and expected state of functionality;
any changes in schedule; and current risks unrelated to funding
amounts and mitigation strategies. The Committee directs the
Department of the Treasury to conduct a semi-annual review of
IRS's IT investments to ensure the cost, schedule, and scope of
the projects' goals are transparent.
In addition, the Committee directs GAO to review and
provide an annual report to the Committee evaluating the cost
and schedule of activities for all major IRS information
technology projects for the year, with a particular focus on
the projects included in IRS's quarterly reports.
Threshold Update.--The Committee encourages the Treasury
Department to examine using its regulatory authority to update
the dollar threshold for tax information reporting for slot
machine jackpots. The Department is directed to report to
Congress within 90 days of enactment of this Act on the
feasibility of updating the threshold within such authority.
BUSINESS SYSTEMS MODERNIZATION
Appropriation, fiscal year 2020....................... $180,000,000
Budget request, fiscal year 2021...................... 300,000,000
Recommended in the bill............................... 250,000,000
Bill compared with:
Appropriation, fiscal year 2020................... +70,000,000
Budget request, fiscal year 2021.................. -50,000,000
The Business Systems Modernization (BSM) appropriation
provides funding to modernize key business systems of the IRS.
COMMITTEE RECOMMENDATION
The Committee recommends $250,000,000 for BSM. The
Committee continues to support the IRS in its efforts to
modernize its business systems, such as CADE 2, the Enterprise
Case Management System, and the Return Review Program.
Quarterly Reports.--The IRS is directed to continue to
submit quarterly reports to the Committees on Appropriations of
the House and Senate and GAO, no later than 30 days following
the end of each calendar quarter, on the status of BSM-funded
items in this bill. In addition, GAO is directed to conduct an
annual review of BSM-funded initiatives.
The Committee expects the reports to include detailed,
plain English summaries on the status of plans, costs, and
results for the IRS Integrated Modernization Business Plan
(Plan) including CADE 2, the Individual Master File, the
Enterprise Case Management System, and the Return Review
Program. The reports should include prior quarter results and
expenditures; upcoming quarter deliverables and costs; risks
and mitigation strategies associated with ongoing work; reasons
for any cost and schedule variances; total expenditures to date
by fiscal year; and estimated costs for completing each IT
investment or phase of the Plan.
ADMINISTRATIVE PROVISIONS--INTERNAL REVENUE SERVICE
(INCLUDING TRANSFERS OF FUNDS)
Section 101. The Committee continues a provision that
allows for the transfer of up to four percent of the
Enforcement appropriation and up to five percent of other
appropriations made available to the IRS to any other IRS
appropriation, upon the advance approval of the Committees on
Appropriations of the House and the Senate.
Section 102. The Committee continues a provision that
requires the IRS to maintain a training program to include
taxpayer rights, dealing courteously with taxpayers, cross-
cultural relations, and the impartial application of tax law.
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 continues a provision that
requires the IRS to notify employers of any address change
request and to give special consideration to offers-in-
compromise for taxpayers who have been victims of payroll tax
preparer fraud.
Section 106. The Committee continues a provision that
prohibits the IRS from targeting U.S. citizens for exercising
their First Amendment rights.
Section 107. The Committee continues a provision that
prohibits the IRS from targeting groups based on their
ideological beliefs.
Section 108. The Committee continues a provision that
requires the IRS to comply with procedures and policies on
conference spending as recommended by the Treasury Inspector
General for Tax Administration.
Section 109. The Committee continues a provision that
prohibits funds for giving bonuses to employees or hiring
former employees without considering conduct and compliance
with Federal tax law.
Section 110. The Committee continues a provision that
prohibits funds to violate the confidentiality of tax returns.
Section 111. The Committee includes a new provision that
creates a Nonrecurring Expenses Fund for the IRS.
Administrative Provisions--Department of the Treasury
(INCLUDING TRANSFERS OF FUNDS)
Section 112. 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 who are
overseas; and to hire experts or consultants.
Section 113. The Committee continues and modifies a
provision that authorizes transfers, up to two percent, between
``Departmental Offices--Salaries and Expenses'', ``Office of
Terrorism and Financial Intelligence'', ``Financial Crimes
Enforcement Network'', ``Bureau of the Fiscal Service'', and
``Alcohol and Tobacco Tax and Trade Bureau'' appropriations
under certain circumstances.
Section 114. 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 115. The Committee continues a provision that
prohibits the Department of the Treasury from undertaking a
redesign of the one dollar Federal Reserve note.
Section 116. The Committee continues a provision that
provides for transfers from the Bureau of the Fiscal Service to
the Debt Collection Fund as necessary for the purposes of debt
collection.
Section 117. The Committee continues a provision requiring
Congressional approval for the construction and operation of a
museum by the United States Mint.
Section 118. The Committee continues a provision that
prohibits funds in this or any other Act from being used to
merge the United States Mint and the Bureau of Engraving and
Printing without the approval of the House and the Senate
committees of jurisdiction.
Section 119. The Committee continues a provision deeming
that funds for the Department of the Treasury's intelligence-
related activities are specifically authorized in fiscal year
2021 until enactment of the Intelligence Authorization Act for
fiscal year 2021.
Section 120. 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 121. The Committee continues a provision requiring
the Department to submit a Capital Investment Plan.
Section 122. The Committee continues a provision requiring
a report on the Department's Franchise Fund.
Section 123. The Committee continues a provision requiring
quarterly reports of the Office of Financial Stability and the
Office of Financial Research.
Section 124. The Committee includes a new provision that
prohibits the use of funds from the Treasury Forfeiture Fund to
plan, design, construct, or carry out a project to construct a
wall, barrier, fence, or road along the southern border of the
United States, or a road to provide access to a wall, barrier,
or fence constructed along the southern border of the United
States.
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) that
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 funding for the
Office of National Drug Control Policy and certain expenses of
the Vice President.
The White House
SALARIES AND EXPENSES
Appropriation, fiscal year 2020....................... $55,000,000
Budget request, fiscal year 2021...................... 57,000,000
Recommended in the bill............................... 55,000,000
Bill compared with:
Appropriation, fiscal year 2020................... - - -
Budget request, fiscal year 2021.................. -2,000,000
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 $55,000,000 for the White House.
No funding is provided for new FTE positions related to the
White House Photo Office or the Visitor's Office.
American-Grown Flowers.--The Committee encourages the White
House to use American-grown cut flowers for all floral
arrangements and displays purchased using Federal funds.
Acting Officials and Vacancies.--The Committee is concerned
about the number and duration of acting officials and vacancies
in presidentially appointed, Senate-confirmed positions
throughout Federal departments and agencies. This undermines
accountability and weakens the capacity for Federal leadership
to develop expertise and effectively address new and pressing
issues, including emergencies such as the coronavirus. The
Committee recommends that the White House work in collaboration
with relevant offices and agencies to design an online
dashboard that tracks the status of all positions that require
Senate confirmation, including, but not limited to, (1) whether
that position is currently vacant or filled, (2) if the
position is filled, the name of that official and whether that
official is serving on a permanent or acting basis, (3) if a
nominee or prospective nominee has been named for that
position, (4) if there is a nominee or prospective nominee,
their name and the latest action by the President or Congress
relating to the process required for Senate confirmation, and
(5) a means to enable each nominee or prospective nominee, and
each agency involved in that individual's nomination, to see
all steps required in the appointments process, including
background investigation and financial disclosure, and track
progress. The Committee further recommends that the White House
conduct a thorough review of all positions that are filled in
an acting capacity or vacant and develop a plan to
expeditiously nominate a qualified individual to hold each such
position.
Presidential Personnel Office.--The Committee encourages
that no less than $750,000 be expended for additional staff
support for the Office of Presidential Personnel to expedite
the recruitment, selection, vetting, processing, and nomination
of highly qualified individuals that the President may appoint
to senior positions in the Federal government.
Executive Residence at the White House
OPERATING EXPENSES
Appropriation, fiscal year 2020....................... $13,081,000
Budget request, fiscal year 2021...................... 13,641,000
Recommended in the bill............................... 13,641,000
Bill compared with:
Appropriation, fiscal year 2020................... +560,000
Budget request, fiscal year 2021.................. - - -
The Executive Residence at the White House Operating
Expenses account provides for the care, maintenance, staffing,
and operations of the Executive Residence, including official
and ceremonial functions of the President.
COMMITTEE RECOMMENDATION
The Committee recommends $13,641,000 for the Operating
Expenses of the Executive Residence. The bill continues the
same restrictions on reimbursable expenses for use of the
Executive Residence as have been included in past years.
White House Repair and Restoration
Appropriation, fiscal year 2020....................... $750,000
Budget request, fiscal year 2021...................... 2,500,000
Recommended in the bill............................... 1,625,000
Bill compared with:
Appropriation, fiscal year 2020................... +875,000
Budget request, fiscal year 2021.................. -875,000
The White House Repair and Restoration account provides for
the repair, alteration, and improvement of the Executive
Residence at the White House.
COMMITTEE RECOMMENDATION
The Committee recommends $1,625,000 for White House Repair
and Restoration. Additional funds are provided over fiscal year
2020 to begin proposed renovations to the White House kitchens
and improvements to heating, cooling, ventilation, and
electrical systems.
Council of Economic Advisers
SALARIES AND EXPENSES
Appropriation, fiscal year 2020....................... $4,000,000
Budget request, fiscal year 2021...................... 4,000,000
Recommended in the bill............................... 4,000,000
Bill compared with:
Appropriation, fiscal year 2020................... - - -
Budget request, fiscal year 2021.................. - - -
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 $4,000,000 for the Council of
Economic Advisers.
National Security Council and Homeland Security Council
SALARIES AND EXPENSES
Appropriation, fiscal year 2020....................... $11,500,000
Budget request, fiscal year 2021...................... 13,200,000
Recommended in the bill............................... 12,500,000
Bill compared with:
Appropriation, fiscal year 2020................... +1,000,000
Budget request, fiscal year 2021.................. -700,000
The National Security Council and the Homeland Security
Council have been combined to form the National Security Staff,
which advises and assists the President on 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 $12,500,000 for the National
Security Council and Homeland Security Council. The increased
funding is provided, in part, to increase global health
security activities.
Global Health Security and Biodefense.--The Committee is
deeply concerned about the elimination of the Directorate for
Global Health Security and Biodefense and a reduction in
pandemic specialist positions on the National Security Staff.
These vacancies have severely undermined the U.S.'s ability to
coordinate the government's response to coronavirus, to
reassure the American people during a time of significant
duress, to prevent the global spread of disease, and to prepare
for future pandemics. The Committee provides funding to
reconstitute the Directorate and directs the National Security
Staff to provide the Committee, within 100 days of enactment of
this Act, with a report on the status of pandemic-relating
staffing. The report shall list all authorized positions on the
National Security Staff that are predominately or wholly
dedicated to global health security, biodefense, or pandemic
preparation. For each such position, the report shall detail if
the position was reconstituted, newly filled, or newly created
after enactment of this Act; shall describe whether that
position was filled or vacant at the time of the report's
submission to the Committee; and shall describe whether that
position is staffed by an employee paid via the National
Security Council and Homeland Security Council appropriation
account or by a detailee (and if so, the report shall provide
the name of the detailee's home agency).
Office of Administration
SALARIES AND EXPENSES
Appropriation, fiscal year 2020....................... $94,000,000
Budget request, fiscal year 2021...................... 100,000,000
Recommended in the bill............................... 96,000,000
Bill compared with:
Appropriation, fiscal year 2020................... +2,000,000
Budget request, fiscal year 2021.................. -4,000,000
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 $96,000,000 for the Office of
Administration. Additional funding is provided over fiscal year
2020 for inflationary costs. Of the recommended amount, not to
exceed $12,800,000 is available until expended for
modernization of information technology infrastructure within
the Executive Office of the President.
White House Visitor Logs.--The Committee encourages the
Office of the Administration to establish and update, every 90
days, a publicly available database that contains the visitor
logs for the White House, the residence of the Vice President,
and any other location at which the President or the Vice
President regularly conduct official business.
Office of Management and Budget
SALARIES AND EXPENSES
Appropriation, fiscal year 2020....................... $101,600,000
Budget request, fiscal year 2021...................... 115,740,000
Recommended in the bill............................... 107,245,000
Bill compared with:
Appropriation, fiscal year 2020................... +5,645,000
Budget request, fiscal year 2021.................. -8,495,000
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 $107,245,000 for OMB. The
recommendation also continues several long-standing provisions,
not requested by the President, limiting certain OMB
activities. Additional funds over fiscal year 2020 are provided
for inflationary costs and to support the transfer of 21 FTEs
from the Information Technology Oversight and Reform account to
OMB.
Budget Submission.--The recommendation provides sufficient
funds for OMB to consult with Congressional committees and
provide an appropriate number of printed copies of the
President's fiscal year 2022 budget request, including
documents such as the Appendix, Historical Tables, and
Analytical Perspectives.
Personnel and Obligations Report.--The Committee continues
direction to OMB to provide the Committee with quarterly
reports on personnel and obligations consisting of on-board
staffing levels, estimated staffing levels by office for the
remainder of the fiscal year, total obligations incurred to
date, estimated total obligations for the remainder of the
fiscal year, and a narrative description of current hiring
initiatives.
Unobligated Balances Report.--OMB is directed to report to
the Committee within 45 days of the end of each fiscal quarter
on available balances at the start of the fiscal year, current
year obligations, and resulting unobligated balances for each
discretionary account within the jurisdiction of this Act.
Improper Payments.--The Committee encourages OMB to
continue working with agencies across the Federal government to
ensure processes are in place to eliminate payments to deceased
persons. OMB is again directed to report to the Committee
within 60 days of enactment of this Act on how it is reducing
improper payments to deceased individuals, and what initiatives
have proven to be most effective.
Performance Measures.--The Committee continues to urge OMB
to ensure that agencies comply with title 31 of the United
States Code, including the development of organizational
priority goals and outcomes such as performance outcome
measures, output measures, efficiency measures, and customer
service measures. OMB should also ensure that agency funding
requests in fiscal year 2022 are directly linked to agency
performance plans. The Committee requests OMB to highlight
specific examples where priority goals and performance outcomes
influenced fiscal year 2022 budget justifications.
Online Budget Repository.--The Committee directs OMB to
issue guidance requiring all Federal departments, agencies, and
corporations to post their Federal agency budgets and
respective Congressional budget justifications on a publicly
available website in a searchable, sortable, and machine-
readable format. The Committee furthermore directs OMB to
ensure that, within seven days after submission of the
President's budget request to Congress for a particular fiscal
year, there exists a single webpage linking to all such budgets
and budget justifications. OMB is directed to report to the
Committee within 30 days of submission of the President's
budget request to Congress with a list of all agencies that are
not in compliance with these requirements.
Inspector General Inquiries.--The Committee is concerned by
OMB's refusal to provide agency Inspectors General with
information they have requested that is essential to their
oversight and audit activities, including investigations
conducted in response to Congressional requests. The Committee
directs OMB to fully comply with the Inspector General Act of
1978, which requires the head of any Federal agency to furnish
an Inspector General with requested information or assistance,
insofar as is practicable and not in contravention of any
existing statutory restriction or regulation of the Federal
agency from which the information is requested.
Food Safety Modernization Act.--The Committee directs OMB
to work closely with the Food and Drug Administration (FDA) to
meet the timelines for promulgation of rules and regulations
outlined in the FDA Food Safety Modernization Act (Public Law
111-353). The Committee requests a report every 180 days after
the enactment of this Act describing any rule or regulation
that is more than 60 days overdue and the reasons why each rule
or regulation is overdue.
Public Safety Telecommunicators.--The Committee recognizes
that the Standard Occupational Classification System's (SOC)
categorization of a ``public safety telecommunicator'' as an
``office and administrative support occupation'' is outdated
and does not reflect the nature of this life-saving work. The
Committee directs OMB to re-examine the classification of
public safety telecommunicators under the SOC and urges OMB to
correctly classify them as a ``protective service occupation.''
Apportionment Transparency.--The Committee is disappointed
that OMB has made little progress towards providing greater
apportionment transparency, as was directed in the joint
explanatory statement accompanying the fiscal year 2020
appropriations act. The Committee reiterates the importance of
greater transparency into OMB's apportionment process, and
directs OMB to promptly comply with the requirements of section
204 of this Act.
Retail Redlining.--Redlining detrimentally impacts
employment opportunities, the local tax base, redevelopment,
and economic growth. OMB is directed to submit a report to the
Committee, within 180 days of enactment of this Act, that
examines redlining's effects on the placement of Class A
commercial investment and other business lending in the U.S.
The report shall examine communities that fail to attract Class
A investment despite meeting relevant median income levels,
public transportation access, or other requirements for such
investment, as well as disincentives for such investment such
as higher down payments, higher interest rates, shorter
maturities, extra fees, and outside collateral requirements.
The report shall identify current Federal programs that may be
helpful to communities impacted by retail redlining and
recommendations that might help reduce retail redlining
practices.
Federal and Critical Infrastructure Cybersecurity.--The
Committee is aware that Federal agencies and the nation's
critical infrastructure face unique cybersecurity threats.
Executive Order 13800, issued on May 11, 2017, directs agency
heads to implement several risk management and cybersecurity
measures, including the National Institute of Standards and
Technology Framework for Improving Critical Infrastructure
Cybersecurity. OMB is directed to report, within 90 days of
enactment of this Act, on the status of compliance with
Executive Order 13800 by each applicable agency. The report
shall identify risk management and cybersecurity compliance
gaps and outline the steps each agency needs to take to manage
such risks. OMB shall prioritize working with the applicable
agency heads to address remaining gaps and inconsistencies.
Federal Information Technology Workforce.--OMB is directed
to consult with the Office of Personnel Management and the
General Services Administration and report to the Committee, no
later than September 30, 2021, on gaps in Federal information
technology workforce skills, disciplines, and experience
required to enable the Federal government to modernize its
ability to use technology and develop effective citizen-facing
digital services to carry out its mission.
Free Association Compacts.--The Committee is encouraged
that the Administration is seeking to extend the free
association compacts with the Marshall Islands, Micronesia, and
Palau, retaining U.S. strategic control of an expanse of the
Pacific Ocean larger than the 48 contiguous states. The
Committee is concerned, however, that OMB has not yet
identified a source of funding for the assistance, programs,
services, and trust funds. Not identifying a funding source
acceptable to Congress for the last extension with Palau forced
the Committee to take the needed funds from other purposes for
years after that agreement was signed. The Committee directs
OMB to propose a Congressionally acceptable funding source
within 60 days of enactment of this Act. Recognizing that the
compacts guarantee the citizens of these nations access to the
United States, the Committee further instructs OMB to estimate
any net costs to State and territorial governments and report
any program eligibility such as eligibility for Medicaid that
would mitigate the costs to state and territorial governments
that serve the citizens of these freely associated states.
Harmful Algal Blooms and Hypoxia.--The Harmful Algal Bloom
and Hypoxia Research and Control Act created a task force to
coordinate and assess relevant Federal activities. However,
despite a 2016 GAO report that quantified Federal agency
spending in this area (GAO-17-119), there is little clarity in
the budget resources currently being allocated to this
important task. OMB is directed to include with the fiscal year
2022 budget a report that details Harmful Algal Bloom and
Hypoxia research and control spending activities by agency,
including but not limited to monitoring, prevention,
mitigation, remediation, and ecological or human health
purposes.
Federal Data on Race and Ethnicity.--Within 120 days of
enactment of this Act, OMB is directed to report to the
Committee, and to release to the public, a final report on the
activities conducted and conclusions reached by the Interagency
Working Group for Revision of the Standards for Maintaining,
Collecting, and Presenting Federal Data on Race and Ethnicity,
consistent with the commitments made in the Notice published on
March 1, 2017 at 82 Fed. Reg. 12242.
Access to Death Data.--Accurate, timely, and complete death
data are important for the integrity of public programs. One
source of significant amounts of death data is individual
States, which incur costs to collect, record, and share this
data. State law also governs the terms under which this data
can be shared. Within 180 days of enactment of this Act, OMB,
in consultation with the Treasury Department, the Social
Security Administration, and the appropriate State vital
records agencies, is directed to report to the Committee, the
House Committee on Ways and Means, and the House Committee on
Oversight and Reform on how State-reported death data is
currently managed and distributed among Federal agencies and
provide recommendations on how to improve that management and
distribution.
Research Grant Flexibility.--The Committee is aware that
many university-based laboratories are closed or severely
limiting operations due to the pandemic. Researchers working in
these laboratories--including graduate students and
postdoctoral fellows--comprise the backbone of the U.S.
research enterprise. To mitigate impacts from the pandemic, the
Committee encourages OMB to provide maximum flexibilities for
Federal research grant funds to help maintain the research
workforce and activities.
Intellectual Property Enforcement Coordinator
Appropriation, fiscal year 2020....................... $1,300,000
Budget request, fiscal year 2021...................... 1,000,000
Recommended in the bill............................... 1,300,000
Bill compared with:
Appropriation, fiscal year 2020................... - - -
Budget request, fiscal year 2021.................. +300,000
The Office of the Intellectual Property Enforcement
Coordinator (IPEC) was created in 2008 to develop and
coordinate overall U.S. intellectual property policy and
strategy.
COMMITTEE RECOMMENDATION
The Committee recommends $1,300,000 for IPEC.
Office of National Drug Control Policy
SALARIES AND EXPENSES
Appropriation, fiscal year 2020....................... $18,400,000
Budget request, fiscal year 2021...................... 16,400,000
Recommended in the bill............................... 18,400,000
Bill compared with:
Appropriation, fiscal year 2020................... - - -
Budget request, fiscal year 2021.................. +2,000,000
The Office of National Drug Control Policy (ONDCP) was
established by the Anti-Drug Abuse Act of 1988. As the
President's primary source of support for counter-drug policy
development and program oversight, ONDCP is responsible for
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, including the High Intensity Drug Trafficking Areas
(HIDTA) and Drug-Free Communities (DFC) grant programs.
COMMITTEE RECOMMENDATION
The Committee recommends $18,400,000 for ONDCP Salaries and
Expenses.
The Committee notes the importance of the HIDTA and DFC
grant programs in combating the nation's opioid epidemic. The
Committee further notes that ONDCP ensures the HIDTA and DFC
programs are equitably managed across Federal, State, and local
agencies and with the necessary interagency flexibility to
address emerging threats. The Committee rejects the proposal in
the President's budget to transfer the HIDTA and DFC programs
out of ONDCP, and instead directs ONDCP to retain operational
control over these programs to maintain the interagency
benefits needed to address the opioid crisis.
Caribbean Border Counternarcotics Strategy.--The Committee
continues to be concerned about narcotics trafficking and
related violence in Puerto Rico and the U.S. Virgin Islands,
home to approximately 3.3 million American citizens, and their
effect on U.S. States, especially communities along the Eastern
seaboard. The Committee appreciates ONDCP's submission of the
Caribbean Border Counternarcotics Strategy required by House
Report 116-122 and expects that ONDCP will include a Caribbean
Border Counternarcotics Strategy in forthcoming versions of the
National Drug Control Strategy.
National Drug Control Strategy and U.S. Territories.--The
Committee is concerned that the National Drug Control Strategy
does not adequately address the problem of substance abuse,
drug trafficking, and associated violence in the U.S.
territories. The Committee notes that the Data Supplement
accompanying the 2020 National Drug Control Strategy excluded
statistics from these jurisdictions. The Committee directs
ONDCP to take all reasonable steps to collect and publish
relevant information from the five U.S. territories, in the
same manner that such data is collected and published for the
States and the District of Columbia. ONDCP is further directed
to consider the territories in preparing future reports.
Alternative Livelihood Opportunities.--The Committee
recognizes the importance of creating alternative livelihood
opportunities for farmers in opium poppy crop-producing regions
of Mexico in order to reduce the supply of opioids flowing into
the U.S. The Committee urges ONDCP to lead interagency efforts
with the Government of Mexico to develop an alternative
livelihood program in Mexico to increase economic opportunities
for farmers, reduce their dependence on opium poppy as a cash
crop, and complement other existing drug supply reduction
strategies.
FEDERAL DRUG CONTROL PROGRAMS
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
(INCLUDING TRANSFERS OF FUNDS)
Appropriation, fiscal year 2020....................... $285,000,000
Budget request, fiscal year 2021...................... - - -
Recommended in the bill............................... 290,000,000
Bill compared with:
Appropriation, fiscal year 2020................... +5,000,000
Budget request, fiscal year 2021.................. +290,000,000
The HIDTA Program provides resources to Federal, State,
local, and Tribal agencies in designated HIDTAs to combat the
production, transportation, and distribution of illegal drugs;
to seize assets derived from drug trafficking; to address
violence in drug-plagued communities; and to disrupt the drug
marketplace.
There are 29 HIDTAs operating in all 50 States plus the
District of Columbia, Puerto Rico, and the U.S. Virgin Islands.
Each HIDTA is managed by an Executive Board comprised of equal
numbers of Federal, State, local, and 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 $290,000,000 for the HIDTA
Program, an increase of $5,000,000 above fiscal year 2020.
The Committee believes the collaborative structure of the
HIDTA Program provides Federal, State, local, and Tribal law
enforcement leaders a balanced and equal voice in determining
program priorities and is an effective tool in combating
problems of drug trafficking and drug-related violence.
Overdose Detection Mapping Application Program (ODMAP).--
The Committee recognizes the effectiveness of ODMAP in
facilitating information sharing and supporting efforts by
public health and public safety officials to mobilize rapid
response to a suspected overdose event. The Committee
encourages ONDCP, in consultation with the HIDTA Directors, to
prioritize discretionary funds towards programs that promote
public health and public safety collaboration, including ODMAP,
in states with increased opioid death rates in recent years.
OTHER FEDERAL DRUG CONTROL PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
Appropriation, fiscal year 2020....................... $121,715,000
Budget request, fiscal year 2021...................... 12,432,000
Recommended in the bill............................... 123,965,000
Bill compared with:
Appropriation, fiscal year 2020................... +2,250,000
Budget request, fiscal year 2021.................. +111,533,000
COMMITTEE RECOMMENDATION
The Committee recommends $123,965,000 for Other Federal
Drug Control Programs. The recommended level for fiscal year
2021 is distributed among specific programs and activities as
follows:
Drug-Free Communities................................. $102,000,000
Drug Court Training and Technical Assistance.......... 3,000,000
Anti-Doping Activities................................ 10,000,000
World Anti-Doping Agency.............................. 2,715,000
Model Acts Program.................................... 1,250,000
Community-Based Coalition Enhancement Grants (CARA 5,000,000
Grants)..............................................
World Anti-Doping Agency Governance.--Given the increased
prevalence of doping fraud among international sports
federations and governments, the Committee continues to have
serious concerns about the World Anti-Doping Agency's (WADA)
credibility, independence, and accountability to athletes. The
Committee supports ONDCP's efforts to improve WADA's
effectiveness and urges it to continue working with domestic
and international partners to protect clean athletes. The
Committee directs ONDCP to closely monitor WADA's reform
efforts to determine whether WADA is making sufficient progress
in increasing the independence and transparency of its
operations, enhancing the role of athletes in WADA decision-
making, and restoring confidence in clean competition. In an
effort to encourage necessary reforms within WADA, the bill
includes language to allow ONDCP to exercise discretion in
paying annual WADA membership dues. The Committee directs ONDCP
to report within 120 days of enactment of this Act on WADA's
progress in reducing undue influence by sports organizations
with a direct financial interest in WADA decisions, and
increasing independent athlete and independent anti-doping
stakeholder representatives on WADA's committees and decision-
making bodies.
Unanticipated Needs
Appropriation, fiscal year 2020....................... $1,000,000
Budget request, fiscal year 2021...................... 1,000,000
Recommended in the bill............................... 1,000,000
Bill compared with:
Appropriation, fiscal year 2020................... - - -
Budget request, fiscal year 2021.................. - - -
The Unanticipated Needs account enables the President to
meet unanticipated exigencies in support of the national
interest, security, or defense.
COMMITTEE RECOMMENDATION
The Committee recommends $1,000,000 for Unanticipated
Needs.
Information Technology Oversight and Reform
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2020....................... $15,000,000
Budget request, fiscal year 2021...................... 11,491,000
Recommended in the bill............................... 11,491,000
Bill compared with:
Appropriation, fiscal year 2020................... -3,509,000
Budget request, fiscal year 2021.................. - - -
The Information Technology Oversight and Reform (ITOR)
account supports efforts to make the Federal government's
investments in information technology more efficient, secure,
and effective.
COMMITTEE RECOMMENDATION
The Committee recommends $11,491,000 for information
technology oversight activities. This total reflects the
proposed transfer of 21 FTEs from ITOR to OMB.
Special Assistance to the President
SALARIES AND EXPENSES
Appropriation, fiscal year 2020....................... $4,288,000
Budget request, fiscal year 2021...................... 4,698,000
Recommended in the bill............................... 4,698,000
Bill compared with:
Appropriation, fiscal year 2020................... +410,000
Budget request, fiscal year 2021.................. - - -
These funds support the executive functions of the Office
of the Vice President.
COMMITTEE RECOMMENDATION
The Committee recommends $4,698,000 for the Office of the
Vice President.
Official Residence of the Vice President
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2020....................... $302,000
Budget request, fiscal year 2021...................... 302,000
Recommended in the bill............................... 302,000
Bill compared with:
Appropriation, fiscal year 2020................... - - -
Budget request, fiscal year 2021.................. - - -
The Official Residence of the Vice President Operating
Expenses account supports the care and operation of the Vice
President's residence and specifically supports 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 $302,000 for the Operating
Expenses of the Vice President's residence.
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 among various
accounts within the Executive Office of the President, with
advance approval of the Committee. The amount of an
appropriation shall not be increased by more than 50 percent.
Section 202. The Committee includes language requiring the
OMB Director to include a statement of budgetary impact with
any Executive Order or Presidential Memorandum issued or
rescinded during fiscal year 2021 where the regulatory cost
exceeds $100,000,000.
Section 203. The Committee includes language requiring the
OMB Director to issue a memorandum to all Federal departments,
agencies, and corporations directing compliance with title VII
of this Act.
Section 204. The Committee includes a new provision
requiring OMB to implement a system to make publicly available,
in an automated fashion, all documents apportioning an
appropriation and all relevant delegations of apportionment
authority, and to provide the Committee with such information
until the automated system is implemented. This requirement
would apply to any appropriation apportioned under the
President's apportionment authority, including appropriations
provided in prior years and those included in Acts other than
appropriations Acts.
TITLE III--THE JUDICIARY
The funds in title III 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 $7,773,341,000 in discretionary funding
for the Judiciary in fiscal year 2021.
In addition, the Coronavirus Aid, Relief, and Economic
Security Act (CARES Act) (P.L. 116-136) included $7,500,000 for
the Judiciary to prevent, prepare for, and respond to
coronavirus, domestically or internationally.
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.
The Committee realizes new laws and challenges constantly
impact the Judiciary's workload. As such, the recommendation
prioritizes resources based on the President's request and
Judiciary's re-estimate. The Committee is pleased to provide an
increase of $87,969,000 for the Defender Services Program to
continue hiring efforts to fully implement the Federal Defender
Organization staffing formula and ensure the right of
individuals to retain counsel. The formula reflects needed
staffing increases based on the weighted case averages over the
previous five years. Additionally, the Committee provides a $1
above-inflation increase for the non-capital panel attorney
hourly rate, which supports the statutory maximum. The
Committee is aware of the projected increases in caseload and
panel attorney payments and is committed to ensuring the
Defender Services Program has sufficient resources to staff the
program.
The Committee recognizes the Judiciary's efforts to remain
operational during the COVID-19 pandemic. The ability to
telework, adjust Probation's and Pretrial and court room
procedures, and conduct Supreme Court oral arguments remotely
to keep the third branch operational is commended.
Supreme Court of the United States
SALARIES AND EXPENSES
Appropriation, fiscal year 2020....................... $87,699,000
Budget request, fiscal year 2021...................... 93,630,000
Recommended in the bill............................... 95,025,000
Bill compared with:
Appropriation, fiscal year 2020................... +7,326,000
Budget request, fiscal year 2021.................. +1,395,000
COMMITTEE RECOMMENDATION
The Committee recommends $95,025,000 for fiscal year 2021
for the salaries and expenses of personnel and for the cost of
operating the Supreme Court, excluding the care of the building
and grounds. The Committee includes language making $1,500,000
available until expended for information technology
investments. The Committee directs the Court to include with
its budget justification materials a report showing information
technology carryover balances and describing expenditures made
in the previous fiscal year and planned expenditures in the
budget year.
Supreme Court Live and Video Access.--The Committee notes
that providing the American people with the opportunity to
access Supreme Court arguments in real time via video and/or
live audio would greatly expand the Court's accessibility to
average Americans and provide historic and educational value.
As such, the Committee encourages the Supreme Court to take
steps to permit video and live audio coverage of all open
sessions of the Court unless the Court decides that allowing
such coverage in any case would violate the due process of one
or more of the parties before the Court.
Supreme Court Code of Conduct.--The Committee urges the
Supreme Court to adopt a Code of Conduct applicable for the
Justices. The Committee looks forward to being briefed on
proposals for the adoption of a Code of Conduct within 60 days
of enactment of this Act.
CARE OF THE BUILDING AND GROUNDS
Appropriation, fiscal year 2020....................... $15,590,000
Budget request, fiscal year 2021...................... 11,678,000
Recommended in the bill............................... 10,618,000
Bill compared with:
Appropriation, fiscal year 2020................... -4,972,000
Budget request, fiscal year 2021.................. -1,060,000
COMMITTEE RECOMMENDATION
The Committee recommends $10,618,000 for Care of Buildings
and Grounds, to remain available until expended. The Architect
of the Capitol has responsibility for these functions and
supervises the use of this appropriation.
United States Court of Appeals for the Federal Circuit
SALARIES AND EXPENSES
Appropriation, fiscal year 2020....................... $32,700,000
Budget request, fiscal year 2021...................... 34,023,000
Recommended in the bill............................... 33,802,000
Bill compared with:
Appropriation, fiscal year 2020................... +1,102,000
Budget request, fiscal year 2021.................. -221,000
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 $33,802,000 for United States Court of Appeals for
the Federal Circuit.
United States Court of International Trade
SALARIES AND EXPENSES
Appropriation, fiscal year 2020....................... $19,564,000
Budget request, fiscal year 2021...................... 20,097,000
Recommended in the bill............................... 20,027,000
Bill compared with:
Appropriation, fiscal year 2020................... +463,000
Budget request, fiscal year 2021.................. -70,000
COMMITTEE RECOMMENDATION
The Court of International Trade has exclusive nationwide
jurisdiction over 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 U.S. customs and international trade laws. The Committee
recommends $20,027,000 United States Court of International
Trade.
Courts of Appeals, District Courts, and Other Judicial Services
SALARIES AND EXPENSES
Appropriation, fiscal year 2020....................... $5,250,234,000
Budget request, fiscal year 2021...................... 5,459,475,000
Recommended in the bill............................... 5,412,919,000
Bill compared with:
Appropriation, fiscal year 2020................... +162,685,000
Budget request, fiscal year 2021.................. -46,556,000
COMMITTEE RECOMMENDATION
The Committee recommends $5,412,919,000 for the operations
of the regional Courts of Appeals, District Courts, Bankruptcy
Courts, the Court of Federal Claims, and probation and pretrial
services offices.
In addition, the Committee recommends a reimbursement of
$9,700,000 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.
Bankruptcy Education and Training.--The Committee
encourages increased education for bankruptcy judges on how
bankruptcy court decisions impact national security.
DEFENDER SERVICES
Appropriation, fiscal year 2020....................... $1,234,574,000
Budget request, fiscal year 2021...................... 1,316,240,000
Recommended in the bill............................... 1,322,543,000
Bill compared with:
Appropriation, fiscal year 2020................... +87,969,000
Budget request, fiscal year 2021.................. +6,303,000
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
$1,322,543,000 for Defender Services.
FEES OF JURORS AND COMMISSIONERS
Appropriation, fiscal year 2020....................... $53,545,000
Budget request, fiscal year 2021...................... 55,478,000
Recommended in the bill............................... 55,478,000
Bill compared with:
Appropriation, fiscal year 2020................... +1,933,000
Budget request, fiscal year 2021.................. - - -
COMMITTEE RECOMMENDATION
The Committee recommends $55,478,000 for payments to jurors
and commissioners.
COURT SECURITY
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2020....................... $639,165,000
Budget request, fiscal year 2021...................... 664,011,000
Recommended in the bill............................... 664,011,000
Bill compared with:
Appropriation, fiscal year 2020................... +24,846,000
Budget request, fiscal year 2021.................. - - -
COMMITTEE RECOMMENDATION
The Committee recommends $664,011,000 for Court Security to
provide for necessary expenses of security and protective
services in courtrooms and adjacent areas. The recommendation
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 2020....................... $94,261,000
Budget request, fiscal year 2021...................... 99,812,000
Recommended in the bill............................... 97,970,000
Bill compared with:
Appropriation, fiscal year 2020................... +3,709,000
Budget request, fiscal year 2021.................. -1,842,000
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 of the United States
in determining Federal Judiciary policies, in developing
methods to assist the courts to conduct business efficiently
and economically, and in enhancing the use of information
technology in the courts. The Committee recommends $97,970,000
for the AO.
Workplace Misconduct.--The Committee is disappointed with
the recent findings of workplace misconduct in the
Judiciary.The Committee directs the Judiciary to submit a
report within 90 days of enactment of this Act to the Committee
on the number of workplace misconduct complaints received;
types of assistance available for employees; Judiciary-wide
feedback on the workplace misconduct services provided; and the
number and types of investigations of reported incidents.
Additionally, the Committee directs the Judiciary to include in
their annual justification to Congress a report on the steps
the Office of Integrity is taking to ensure it has enough
resources and staff to provide an exemplary workplace for every
judge and every court employee. Further, the Committee directs
the Judiciary to expand its comprehensive training program on
workplace behavior and bystander intervention and encourages
the Judiciary to expand and report on its confidential
nationwide reporting system to document employee misconduct
complaints.
Law Enforcement Availability Pay.--The Committee recognizes
that U.S. Probation Officers are ineligible for Law Enforcement
Availability Pay (LEAP). The Committee directs the AO to
provide a report to the Committees on Appropriations of the
House and Senate, within 180 days of enactment of this Act, on
implementing LEAP pay for U.S. Probation Officers.
Pilot Program.--The Committee is interested in increasing
access to counsel for a wider range of litigants and
circumstances by expanding the pool of funding available for
legal assistance for low-income people. Within 180 days of
enactment of this Act, the Judiciary shall brief the Committee
on the potential feasibility of creating a pilot program to
broaden access to appointed representation for Federal cases
under section 1915(e)(1) of title 28, United States Code. The
briefing shall address possible benefits of such a pilot
program as well as the legal, policy and procedural challenges
and concerns that would be presented by establishment of a
pilot.
Federal Judicial Center
SALARIES AND EXPENSES
Appropriation, fiscal year 2020....................... $30,436,000
Budget request, fiscal year 2021...................... 31,344,000
Recommended in the bill............................... 31,115,000
Bill compared with:
Appropriation, fiscal year 2020................... +679,000
Budget request, fiscal year 2021.................. -229,000
COMMITTEE RECOMMENDATION
The Federal Judicial Center (FJC) improves the management
of Federal Judicial dockets and court administration through
education for judges and staff and through research,
evaluation, and planning assistance for the courts and the
Judicial Conference. The Committee recommends $31,115,000 for
the FJC.
United States Sentencing Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2020....................... $19,670,000
Budget request, fiscal year 2021...................... 20,256,000
Recommended in the bill............................... 20,133,000
Bill compared with:
Appropriation, fiscal year 2020................... +463,000
Budget request, fiscal year 2021.................. -123,000
COMMITTEE RECOMMENDATION
The purpose of the U.S. Sentencing 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
Congress. The Committee recommends $20,133,000 for the
Commission.
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 2021 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 of
the United States.
Section 304. The Committee continues language through
fiscal year 2021 regarding the delegation of authority to the
Judiciary for contracts for repairs of less than $100,000.
Section 305. The Committee continues language to authorize
a court security pilot program.
Section 306. The Committee continues language to extend
temporary judgeships in the districts of Arizona, California
Central, Florida Southern, Hawaii, Kansas, Missouri Eastern,
New Mexico, North Carolina Western, and Texas Eastern.
TITLE IV--DISTRICT OF COLUMBIA
Federal Funds
FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT
Appropriation, fiscal year 2020....................... $40,000,000
Budget request, fiscal year 2021...................... - - -
Recommended in the bill............................... 40,000,000
Bill compared with:
Appropriation, fiscal year 2020................... - - -
Budget request, fiscal year 2021.................. +40,000,000
The Resident Tuition Support program, also known as the
D.C. Tuition Assistance Grant program, provides up to $10,000
annually for undergraduate District students to address the
difference between in-state and out-of-state tuition rates and
makes it possible for them to attend eligible four-year public
universities and colleges nationwide. Grants of up to $2,500
per year are available for students to attend private
universities and colleges 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 $40,000,000
for the Resident Tuition Support program. The District of
Columbia can contribute local funds to this program and is
authorized to prioritize applications based on income and need
if there is demand for the program beyond the available level
of Federal funds.
FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS IN THE
DISTRICT OF COLUMBIA
Appropriation, fiscal year 2020....................... $18,000,000
Budget request, fiscal year 2021...................... 51,400,000
Recommended in the bill............................... 52,900,000
Bill compared with:
Appropriation, fiscal year 2020................... +34,900,000
Budget request, fiscal year 2021.................. +1,500,000
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 helps address the impact of the Federal presence
on public safety in the District of Columbia.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $52,900,000
for emergency planning and security costs and additional costs
incurred by the District of Columbia related to the
Presidential Inauguration on January 20, 2021.
In addition, the Coronavirus Aid, Relief, and Economic
Security Act (CARES Act) (P.L. 116-136) included $5,000,000 for
the District of Columbia to prevent, prepare for, and respond
to coronavirus, domestically or internationally.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS
Appropriation, fiscal year 2020....................... $250,088,000
Budget request, fiscal year 2021...................... 267,838,000
Recommended in the bill............................... 265,618,000
Bill compared with:
Appropriation, fiscal year 2020................... +15,530,000
Budget request, fiscal year 2021.................. -2,220,000
Under the National Capital Revitalization and Self-
Government Improvement Act of 1997, the Federal government is
required to finance the District of Columbia Courts. This
Federal payment to the District of Columbia Courts funds the
operations of the District of Columbia Court of Appeals,
Superior Court, Court System, and Capital Improvement Program.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $265,618,000
for operation of the District of Columbia Courts.
The amount recommended by the Committee includes
$14,977,000 for the Court of Appeals, $127,514,000 for the
Superior Court, $80,974,000 for the Court System, and
$42,153,000 for capital improvements to courthouse facilities.
Funds for capital improvements are provided to improve life
safety compliance, conduct general repair projects and
upgrades, and move the various court offices into owned space
and out of leased space.
FEDERAL PAYMENT FOR DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS
Appropriation, fiscal year 2020....................... $46,005,000
Budget request, fiscal year 2021...................... 46,005,000
Recommended in the bill............................... 46,005,000
Bill compared with:
Appropriation, fiscal year 2020................... - - -
Budget request, fiscal year 2021.................. - - -
The District of Columbia Courts appoint and compensate
attorneys to represent persons who are financially unable to
obtain such representation.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $46,005,000
for Defender Services in the District of Columbia Courts.
FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER SUPERVISION AGENCY
FOR THE DISTRICT OF COLUMBIA
Appropriation, fiscal year 2020....................... $248,524,000
Budget request, fiscal year 2021...................... 248,175,000
Recommended in the bill............................... 245,923,000
Bill compared with:
Appropriation, fiscal year 2020................... -2,601,000
Budget request, fiscal year 2021.................. -2,252,000
The Court Services and Offender Supervision Agency (CSOSA)
for the District of Columbia is an independent Federal agency
created by the National Capital Revitalization and Self-
Government Improvement Act of 1997. CSOSA acquired operational
responsibilities for the former District agencies in charge of
probation and parole and houses the Pretrial Services Agency
for the District of Columbia within its framework.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $245,923,000
for CSOSA. Of the amounts provided, $179,180,000 is for
Community Supervision and Sex Offender Registration and
$66,743,000 is for pretrial services. The recommendation
includes $459,000, to remain available until September 30,
2023, for the costs associated with a replacement lease and
relocation of the Pretrial Services Agency.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER SERVICE
Appropriation, fiscal year 2020....................... $44,011,000
Budget request, fiscal year 2021...................... 44,194,000
Recommended in the bill............................... 44,011,000
Bill compared with:
Appropriation, fiscal year 2020................... - - -
Budget request, fiscal year 2021.................. -183,000
The Public Defender Service (PDS) for the District of
Columbia is an independent organization authorized by the
National Capital Revitalization and Self-Government Improvement
Act of 1997. PDS's purpose is to provide legal representation
services within the District of Columbia justice system.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $44,011,000
for PDS for the District of Columbia.
FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING COUNCIL
Appropriation, fiscal year 2020....................... $2,150,000
Budget request, fiscal year 2021...................... 1,805,000
Recommended in the bill............................... 2,150,000
Bill compared with:
Appropriation, fiscal year 2020................... - - -
Budget request, fiscal year 2021.................. +345,000
The Criminal Justice Coordinating Council (CJCC) 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 CJCC 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 $2,150,000 to
the Criminal Justice Coordinating Council.
FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS
Appropriation, fiscal year 2020....................... $600,000
Budget request, fiscal year 2021...................... 532,000
Recommended in the bill............................... 600,000
Bill compared with:
Appropriation, fiscal year 2020................... - - -
Budget request, fiscal year 2021.................. +68,000
This appropriation provides funding for 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 his or her 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 $325,000 for
the CJDT and $275,000 for the JNC.
The Committee notes that the reduction proposed in the
President's request would significantly impair the Commissions'
ability to conduct thorough and comprehensive investigations of
judicial misconduct complaints and conduct examinations of
candidates for the Judiciary in the District of Columbia.
FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT
Appropriation, fiscal year 2020....................... $52,500,000
Budget request, fiscal year 2021...................... 90,000,000
Recommended in the bill............................... 52,500,000
Bill compared with:
Appropriation, fiscal year 2020................... - - -
Budget request, fiscal year 2021.................. -37,500,000
The Scholarships for Opportunity and Results (SOAR) Act, as
reauthorized in P.L. 116-94, authorizes funds 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 $52,500,000
for school improvement. Based on the statutory funding formula,
$17,500,000 is provided for District of Columbia Public
Schools, $17,500,000 is provided for Public Charter Schools,
and $17,500,000 is provided for Opportunity Scholarships. The
Committee also adds new bill language requiring schools
participating in the SOAR program to certify compliance with
Federal civil rights and special education laws.
FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA NATIONAL GUARD
Appropriation, fiscal year 2020....................... $413,000
Budget request, fiscal year 2021...................... 413,000
Recommended in the bill............................... 413,000
Bill compared with:
Appropriation, fiscal year 2020................... - - -
Budget request, fiscal year 2021.................. - - -
The Major General David F. Wherley, Jr. District of
Columbia National Guard Retention and College Access Program
pays for a tuition assistance program for guard members.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $413,000. 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.
FEDERAL PAYMENT FOR TESTING AND TREATMENT OF HIV/AIDS
Appropriation, fiscal year 2020....................... $4,000,000
Budget request, fiscal year 2021...................... 3,000,000
Recommended in the bill............................... 4,000,000
Bill compared with:
Appropriation, fiscal year 2020................... - - -
Budget request, fiscal year 2021.................. +1,000,000
Currently, two percent of the population of the District of
Columbia has been diagnosed with HIV/AIDS. This percentage
surpasses the generally accepted definition of an epidemic,
which is one percent of the population.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $4,000,000
for testing, education, and treatment of HIV/AIDS.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY
Appropriation, fiscal year 2020....................... $8,000,000
Budget request, fiscal year 2021...................... - - -
Recommended in the bill............................... 8,000,000
Bill compared with:
Appropriation, fiscal year 2020................... - - -
Budget request, fiscal year 2021.................. +8,000,000
The Federal Payment to the District of Columbia Water and
Sewer Authority supports the D.C. Clean Rivers Project, which
is designed to reduce combined sewer overflows to the Anacostia
and Potomac Rivers and Rock Creek.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $8,000,000
for implementation of the D.C. Clean Rivers project.
TITLE V--INDEPENDENT AGENCIES
Administrative Conference of the United States
SALARIES AND EXPENSES
Appropriation, fiscal year 2020....................... $3,250,000
Budget request, fiscal year 2021...................... 3,500,000
Recommended in the bill............................... 3,500,000
Bill compared with:
Appropriation, fiscal year 2020................... +250,000
Budget request, fiscal year 2021.................. - - -
The Administrative Conference of the United States (ACUS)
is an independent agency that studies Federal administrative
procedures and processes to recommend improvements to the
President, Congress, and other agencies.
COMMITTEE RECOMMENDATION
The Committee recommends $3,500,000 for ACUS.
Consumer Financial Protection Bureau
The Consumer Financial Protection Bureau (CFPB) was
established under title X of the Dodd-Frank Wall Street Reform
and Consumer Protection Act (P.L. 111-203) as a bureau under
the Federal Reserve System. The Act consolidated authorities
previously shared by seven Federal agencies under Federal
consumer protection laws in the CFPB and provided CFPB with
additional authorities to conduct rulemaking, supervision, and
enforcement with respect to Federal consumer financial laws.
Funding required to support the CFPB's operations are obtained
from transfers from the Federal Reserve System.
COMMITTEE RECOMMENDATION
The Committee rejects the President's budget proposal to
restructure the CFPB and place it under the appropriations
process. The Committee strongly supports the CFPB's work to
empower and protect consumers by regulating offerings of
consumer financial products and enforcing violations of
consumer financial laws and regulations. The Committee directs
CFPB to take aggressive action to protect consumers, including
those negatively affected by the coronavirus, and to thoroughly
assess any potential changes in CFPB rules and regulations to
ensure that consumers are not unduly harmed.
Consumer Product Safety Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2020....................... $132,500,000
Budget request, fiscal year 2021...................... 135,000,000
Recommended in the bill............................... 137,000,000
Bill compared with:
Appropriation, fiscal year 2020................... +4,500,000
Budget request, fiscal year 2021.................. +2,000,000
The Consumer Product Safety Act of 1972 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 $137,000,000 for the CPSC. CPSC
has been chronically underfunded in recent years. The increase
is provided to address unfunded priorities identified by the
Commission, including increased import surveillance, applied
research on exposure to potential chronic hazards related to
nanotechnology in consumer products and crumb rubber, and a
quantitative risk assessment of crumb rubber.
The recommendation includes $1,300,000 for the Virginia
Graeme Baker (VGB) Grant Program and the associated
administrative costs to reduce the number of injuries and
deaths associated with pools and spas.
The Committee commends the CPSC for continuing to provide
resources for the national and grassroots ``Pool Safely''
campaign, a safety information and education program designed
to reduce child drownings and near drowning injuries and
maintain a zero-fatality rate for drain entrapments. This
multifaceted initiative includes consumer and industry
education efforts, press events, partnerships, outreach, and
advertising. The Committee expects the CPSC to maintain the
fiscal year 2020 levels for the ``Pool Safely'' campaign.
The Committee expresses concern over low participation
rates for products recalled by the CPSC. The Committee directs
the Chairman of the CPSC to include with its annual report to
the President and Congress the following statistics for the top
20 recalled products by the number of injuries or deaths
associated with the product, initiated or ongoing during the
previous fiscal year, that are pursuant to order under section
15(d), a settlement agreement, or a voluntary corrective action
taken in consultation with the Commission: (1) number of
products subject to the recall sold; (2) number of such
products for which a consumer has received a remedy; (3) number
of consumers to whom a direct notification has been made; and
(4) number of incidences of injuries resulting from a product
subject to the recall occurring after the initiation of the
recall that are reported to the Commission.
The CPSC is also directed to include in its VGB Grant
Program solicitation explicit language indicating that some
aspects of the grant proposal may be achieved by contracting
with other entities, including civic organizations.
ADMINISTRATIVE PROVISION--CONSUMER PRODUCT SAFETY COMMISSION
Section 501. The Committee continues language prohibiting
funds to finalize, implement, or enforce the proposed rule on
recreational off-highway vehicles until a study is completed by
the National Academy of Sciences.
Election Assistance Commission
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2020....................... $15,171,000
Budget request, fiscal year 2021...................... 13,063,000
Recommended in the bill............................... 19,063,000
Bill compared with:
Appropriation, fiscal year 2020................... +3,892,000
IBudget request, fiscal year 2021................. +6,000,000
The Election Assistance Commission (EAC) is a bipartisan
Federal commission that helps election officials administer and
voters participate in elections. Established by the Help
America Vote Act of 2002 (HAVA), EAC distributes, administers,
and audits HAVA funds, serves as the Nation's clearinghouse for
information on election administration, conducts the Election
Administration and Voting Survey and other studies, develops
the Voluntary Voting System Guidelines, accredits testing
laboratories and certifies voting systems, and administers the
National Mail Voter Registration Form in accordance with the
National Voter Registration Act of 1993.
COMMITTEE RECOMMENDATION
The Committee recommends $19,063,000 for the Salaries and
Expenses of the EAC, of which $1,500,000 shall be transferred
to the National Institute of Standards and Technology (NIST)
for election reform activities authorized under HAVA.
The Committee is pleased with the steps EAC has taken to
begin to rebuild its workforce and strengthen the agency's
capacity to support State and local election officials on all
aspects of election administration, including enhancing
election security. The Committee is committed to providing
robust funding to enable EAC to perform the vital mission of
protecting Federal elections.
Support to Local Election Jurisdictions.--The Committee
urges EAC to increase outreach and trainings to local election
jurisdictions, with particular attention to those jurisdictions
which are consistently last to report polling data for Federal
elections.
Election Cybersecurity.--The Committee is concerned with
the threat of election meddling from state and non-state actors
through cyberattacks on election and voter registration
systems. The Committee encourages EAC to work with NIST and the
Department of Homeland Security (DHS) to strengthen
coordination with and outreach to State and local election
officials on cybersecurity best practices.
Ranked Choice Voting.--The Committee encourages EAC to
gather data in the 2020 Election Administration and Voting
Survey related to state readiness to implement ranked choice
voting, including whether existing State voting technology
supports ranked choice voting.
ELECTION SECURITY GRANTS
Appropriation, fiscal year 2020....................... $425,000,000
Budget request, fiscal year 2021...................... - - -
Recommended in the bill............................... 500,000,000
Bill compared with:
Appropriation, fiscal year 2020................... +75,000,000
Budget request, fiscal year 2021.................. +500,000,000
COMMITTEE RECOMMENDATION
The Committee recommends $500,000,000 for Election Security
Grants.
In addition, the Coronavirus Aid, Relief, and Economic
Security Act (CARES Act) (P.L. 116-136) included $400,000,000
for grants to States to prevent, prepare for, and respond to
coronavirus.
The Committee is gravely concerned by persistent threats
from Russia and other foreign actors attempting to influence
the U.S. democratic process, and vulnerabilities that continue
to exist throughout the Nation's election system. Since fiscal
year 2018, Congress has provided $805,000,000 in grants to
States to improve the security of elections for Federal office.
However, that funding has been inconsistent, unpredictable, and
insufficient to meet the vast need across all the States and
territories. Congress must provide a consistent, steady source
of Federal funds to support State and local election officials
on the frontlines of protecting U.S. elections.
The bill requires States to use payments to replace direct-
recording electronic (DRE) voting machines with voting systems
that require the use of an individual, durable, voter-verified
paper ballot, marked by the voter by hand or through the use of
a non-tabulating ballot marking device or system, and made
available for inspection and verification by the voter before
the vote is cast and counted. Funds shall only be available to
a State or local election jurisdiction for further election
security improvements after a State has submitted a
certification to the EAC that all DRE voting machines have been
or are in the process of being replaced.
Funds shall be available to States for the following
activities to improve the security of elections for Federal
office: implementing a post-election, risk-limiting audit
system that provides a high level of confidence in the accuracy
of the final vote tally; maintaining or upgrading election-
related computer systems, including voter registration systems,
to address cyber vulnerabilities identified through DHS scans
or similar assessments of existing election systems;
facilitating cyber and risk mitigation training for State and
local election officials; implementing established
cybersecurity best practices for election systems; and other
priority activities and investments identified by the EAC, in
consultation with DHS, to improve election security. The EAC
shall define in the Notice of Grant Award the eligible
investments and activities for which grant funds may be used by
the States. The EAC shall review all proposed investments to
ensure funds are used for the purposes set forth in the Notice
of Grant Award.
The bill also requires that not less than 50 percent of the
payment made to a State be allocated in cash or in kind to
local government entities responsible for the administration of
elections for Federal office.
Federal Communications Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2020....................... $339,000,000
Budget request, fiscal year 2021...................... 343,070,000
Recommended in the bill............................... 376,070,000
Bill compared with:
Appropriation, fiscal year 2020................... +37,070,000
Budget request, fiscal year 2021.................. +33,000,000
The mission of the Federal Communications Commission (FCC)
is to implement and enforce 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 $376,070,000
for the Salaries and Expenses of the FCC, to be derived from
offsetting collections. Of this amount, no less than
$33,000,000 is for implementing the Broadband DATA Act (Public
Law 116-130). The Committee also includes a cap of $134,495,000
for the administration of spectrum auctions.
In addition, the Coronavirus Aid, Relief, and Economic
Security Act (CARES Act) (P.L. 116-136) included $200,000,000
for the FCC to prevent, prepare for, and respond to
coronavirus, domestically or internationally, including to
support efforts of health care providers to address coronavirus
by providing telecommunications services, information services,
and devices necessary to enable the provision of telehealth
services.
Broadband Maps.--The Committee provides significant funding
for upfront costs associated with implementation of the
Broadband DATA Act. The Committee anticipates funding related
to the Broadband DATA Act will decline considerably in future
years and expects the FCC to repurpose a significant amount of
staff currently working on economic, wireline, and wireless
issues to focus on broadband mapping.
Broadband Access.--The Committee believes that deployment
of broadband in rural and economically disadvantaged areas is a
driver of economic development, jobs, and new educational
opportunities. The Committee supports FCC efforts to
judiciously allocate Universal Service Fund (USF) funds for
these areas.
Rural Digital Opportunity Fund.--The Committee appreciates
the significant investment the FCC is planning to make to
deploy broadband services to unserved areas. The Committee
recognizes the need for government programs to minimize
instances in which two different providers receive support from
two different programs to serve the same location. However, the
Committee is concerned that current program rules may have the
unintended consequence of discouraging other funding sources
from participating in broadband deployment, particularly State-
based programs. The Committee directs the FCC to adjust program
rules to ensure applicants, and the States in which those
applicants would deploy broadband, are not put at a
disadvantage when applying for the Rural Digital Opportunity
Fund based on the State's proactive, independent investment in
broadband.
Elevation Data Coordination for Broadband Deployment.--The
U.S. Geological Survey is leading the 3D Elevation Program
(3DEP), a collaborative initiative to systematically collect
accurate enhanced elevation data nationwide primarily through
Light Detection and Ranging (LiDAR) technology. Such data can
facilitate line-of-sight analyses for signal propagation
studies, identification of the optimum locations for cell tower
networks and other broadband deployments, models of potential
impacts to wireless signals from future development and
vegetation growth, mapping of existing towers, and design and
permitting of new infrastructure. The Committee encourages the
FCC to participate in this program to help support the
deployment of 5G and other next-generation wireless services.
The Committee understands that FCC participation in 3DEP will
strengthen the Commission's support for building, maintaining,
and expanding U.S. wireless networks.
Territorial Access to Broadband.--The Committee is
concerned about disparities in access to communications
services on Tribal lands and in territories. The Committee
encourages the FCC to implement policies that increase
broadband access and adoption in these areas. The Committee
commends the FCC's work in establishing the Uniendo a Puerto
Rico Fund and the Connect U.S. Virgin Islands (USVI) Fund to
make additional USF funding available to rebuild fixed and
mobile voice and broadband networks damaged in the 2017
hurricane season. In September 2019, the FCC approved
$950,000,000 in Stage 2 funding to improve, expand, and harden
communications networks in Puerto Rico and the USVI. The
Committee supports these efforts and urges the FCC to
expeditiously move forward with its funding commitments under
these programs.
Tribal Access to Broadband.--The Committee urges the FCC to
responsibly and efficiently take action to increase access to
broadband on Tribal lands and supports consultation with
Federally recognized Indian Tribes, Alaska Native villages and
corporations, and entities related to Hawaiian home lands to
help close the digital divide. The FCC is encouraged to use all
available resources to increase funding for consultation with
Federally recognized Indian tribes, Alaska Native villages, and
entities related to Hawaiian home lands; other work by the
Office of Native Affairs and Policy (ONAP); and associated work
from other bureaus and offices in support of ONAP.
Lifeline Service.--The Committee is concerned that changes
to the Lifeline minimum service standards and support levels
will adversely impact low-income Americans, including many
suffering from economic hardships due to the coronavirus. The
Committee directs the FCC to pause implementation of any
changes to the currently applicable minimum service standards
for Lifeline-supported mobile broadband service and any changes
in the current levels of Lifeline support for voice services
until the FCC has completed the State of the Lifeline
Marketplace Report required by the 2016 Lifeline Order
(Lifeline and Link Up Reform and Modernization et al., Third
Report and Order, Further Report and Order, and Order on
Reconsideration, 31 FCC Rcd 3962 (2016)).
Broadcaster Relocation.--The Consolidated Appropriations
Act of 2018 (P.L. 115-141) provided an additional
$1,000,000,000 over two years to the TV Broadcaster Relocation
Fund to reimburse channel relocation service and equipment
costs incurred by the broadcast industry, as well as providing
financial assistance to FM stations, TV translators, and low-
power stations. The Committee is aware of concerns about the
length of time and funds available to broadcasters to repack
stations and is monitoring this issue closely. Both
broadcasters and entities who purchased spectrum rights
participated in good faith to make the incentive auction
successful. The Committee supported FCC's administration of the
incentive auction and expects the FCC to take into careful
consideration any participating entity's concerns.
Transmissions of Local Television Programming.--The
Committee encourages consumer access to local television
programming, especially in rural areas, for its economic,
safety, and cultural importance. The Committee notes that many
broadcast stations do not neatly conform to Nielsen-measured
designated market area boundaries, preventing many satellite
television viewers from accessing local news, politics, sports,
and emergency programming. The Committee notes that despite the
reforms made to the Satellite Television Extension and Localism
Reauthorization (STELAR) Act of 2014, many communities continue
to struggle with market modification petitions to the FCC. The
Committee is particularly concerned with the lack of clarity
regarding the technical and economic feasibility requirement.
In reviewing this requirement, the FCC should provide a full
analysis to ensure decisions on market modification are
comprehensively reviewed and STELAR's intent to promote
localism is retained. The Committee therefore directs the FCC
to adhere to statutory requirements and Congressional intent
when taking administrative action related to satellite
television carriage issues.
Report on Cross-Border Signal Interference.--The FCC is
directed to report to the Committee, within 180 days of
enactment of this Act, on cross-border signal interference to
U.S mobile providers operating in the 700 MHz band and
occurring along the U.S.-Mexico border as a result of the
commencement of network operations by Mexican providers, and
recommendations on how to remedy any such interference. As part
of the report, the Commission shall collect information from
licensed operators in the U.S. regarding interference to their
700 MHz service.
Hurricane Recovery and Resilience.--The Committee remains
troubled that the FCC has not taken more aggressive steps to
promote network resiliency to mitigate the impact of future
severe weather events on communications networks. The Committee
urges the FCC to take additional actions to mitigate the impact
of future storms on communications networks.
Robocalls.--The Committee is gravely concerned about the
rapidly growing problem of robocalls and understands that the
Commission receives more consumer complaints about robocalls
than any other single issue. The Commission is directed to
provide a report to the Committee within 90 days of enactment
of this Act detailing the status of implementation of the
TRACED Act, P.L. 116-105.
Robocall Penalty Collection.--The Committee is aware of
significant delays in collecting and enforcing financial
penalties levied under the Telephone Consumer Protection Act
(TCPA) and is concerned that these fines serve as an
insufficient deterrent to potential TCPA violators. The
Committee urges the FCC to regularly discuss collections of
these fees with the Department of Justice to ensure timely
collection and to report to the Committee every three months
after enactment of this Act on the status of collected and
uncollected penalties.
Vertical Location Data.--The Committee commends the FCC for
taking initial steps to improve vertical location data provided
to emergency dispatchers. However, the Committee believes
meaningful change will not occur without additional action. The
Committee directs the FCC to make additional improvements to
vertical location data requirements, including requiring
wireless carriers to provide the floor number of an emergency
call or creating a system for useful and actionable information
to be relayed to emergency dispatch centers. The Committee
recommends that vertical location directives should not be
limited to the most populous areas; vertical location data
should be available to emergency response centers nationwide.
Within 180 days of the enactment of Act, the FCC is directed to
report to the Committee on actions it is taking or plans to
take to improve vertical location data available to dispatch
centers.
911 Access.--The Committee urges the FCC to take steps to
ensure that all cellular phones, including phones operating
under a pre-paid plan with an empty balance, provide ongoing
access to 911 and provide automatic location information for
911 calls.
Mid-Band Spectrum.--The Committee believes that Fifth-
Generation (5G) mobile technology is critical to U.S. national
and economic security. A key component of the U.S. strategy for
5G is ensuring that U.S. wireless providers have enough mid-
band spectrum (frequencies between 3 GHz and 24 GHz), which
provides fast data connections while also traveling longer
distances. The Committee is concerned that the U.S. is falling
behind other countries in the allocation of such spectrum. The
Committee urges the Administration and the FCC to work
expeditiously to identify and make available more mid-band
spectrum for 5G so that the U.S. does not fall further in the
race to deploy 5G networks and services.
5G Supply Chain.--The Committee understands the importance
of a secure 5G technology supply chain. The Committee
encourages the FCC to investigate options for increasing supply
chain diversity, competition, and network security via
interoperable technologies and open standard-based interfaces.
USF Contribution Reform.--In recognition of the ongoing
rapidly changing communications industry landscape, the
Committee believes it is imperative that the FCC work with the
Federal-State Joint Board on Universal Service on
recommendations for USF modernization, including contribution
reform to ensure the long-term sustainability and viability of
the USF programs.
5G Security.--The Committee supports the development of
secure 5G networks that are accessible nationwide, including
rural communities, and that are developed using technology and
equipment that is verified to be secure from foreign
surveillance or influence. The Committee recognizes that it is
in the best interest of the national and economic security of
the United States to implement a strong national 5G strategy as
outlined in Public Law 116-129.
Supply Chain Security.--The Committee supports recent
actions taken by the FCC to designate Huawei Technology Company
and ZTE Corporation as covered entities for purposes of the
agency's November 2019 ban on the use of universal service
support to purchase equipment or services from companies posing
a national security threat. The Committee encourages the FCC to
continue working to ban the use of such funds to purchase,
obtain, or maintain any equipment or services produced or
provided by companies posing a national security threat to the
integrity of communications networks or the communications
supply chain within the United States. Furthermore, the
Committee continues to support agency wide efforts to prevent
and expel communications and technology companies from
operating within the United States that are known to have
substantial ties to foreign state-owned enterprises that
conduct surveillance on and collect the data of American
citizens on behalf of a foreign government, participate in the
theft of American intellectual property, assist in espionage
activities for foreign governments, have cybersecurity risks
and vulnerabilities in their equipment, or face ongoing
Congressional and Executive Branch concerns about their
business models and practices.
ADMINISTRATIVE PROVISIONS--FEDERAL COMMUNICATIONS COMMISSION
Section 510. The Committee extends an exemption from the
Antideficiency Act for the USF.
Section 511. The Committee continues language prohibiting
the FCC from changing rules governing the USF regarding single
connection or primary line restrictions.
Section 512. The Committee includes new language
prohibiting the FCC from finalizing, implementing,
administering, or enforcing the proposed rule entitled
``Universal Service Contribution Methodology.''
Section 513. The Committee includes new language
prohibiting the FCC from establishing or implementing a 5G Fund
for Rural America, or any similar Federal universal service
support mechanism, until the FCC completes the creation of an
improved map that depicts the availability of mobile broadband
internet access service.
Federal Deposit Insurance Corporation
OFFICE OF THE INSPECTOR GENERAL
Appropriation, fiscal year 2020....................... $42,982,000
Budget request, fiscal year 2021...................... 42,982,000
Recommended in the bill............................... 42,982,000
Bill compared with:
Appropriation, fiscal year 2020................... - - -
Budget request, fiscal year 2021.................. - - -
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 for each OIG established under section 11(2) of
the Inspector General Act of 1978.
COMMITTEE RECOMMENDATION
The Committee recommends $42,982,000 from the Deposit
Insurance Fund and the Federal Savings and Loan Insurance
Corporation Resolution Fund to finance the OIG.
Federal Election Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2020....................... $71,497,000
Budget request, fiscal year 2021...................... 73,329,000
Recommended in the bill............................... 73,329,000
Bill compared with:
Appropriation, fiscal year 2020................... +1,832,000
Budget request, fiscal year 2021.................. - - -
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 $73,329,000 for the Salaries and
Expenses of the FEC.
Online Campaign Advertisements.--Engagement in the
political process is one of the hallmarks of our democracy.
Americans are increasingly turning to social media platforms,
such as Facebook, Instagram, and Twitter, to engage in the
political process. Indeed, spending on digital political
advertising reached a record $1,400,000,000 in the 2016
election cycle. Yet our campaign finance laws do not require
meaningful transparency about who is behind campaign
advertisements run on digital platforms. Therefore, the
Committee directs the FEC to submit a report, within 90 days of
enactment of this Act, on how the FEC plans to address the
disparity in disclosure requirements for broadcast and online
campaign advertisements.
Federal Labor Relations Authority
SALARIES AND EXPENSES
Appropriation, fiscal year 2020....................... $24,890,000
Budget request, fiscal year 2021...................... 28,395,000
Recommended in the bill............................... 26,100,000
Bill compared with:
Appropriation, fiscal year 2020................... +1,210,000
Budget request, fiscal year 2021.................. -2,295,000
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 staff support for the Foreign Service Impasse
Disputes Panel and the Foreign Service Labor Relations Board.
COMMITTEE RECOMMENDATION
The Committee recommends $26,100,000 for the FLRA.
Federal Permitting Improvement Steering Council
ENVIRONMENTAL REVIEW IMPROVEMENT FUND
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2020....................... $8,000,000
Budget request, fiscal year 2021...................... 10,000,000
Recommended in the bill............................... 6,000,000
Bill compared with:
Appropriation, fiscal year 2020................... -2,000,000
Budget request, fiscal year 2021.................. -4,000,000
This account funds the authorized activities of the
Environmental Review Improvement Fund and the Federal
Permitting Steering Council (FPISC). The FPISC leads ongoing
government-wide efforts to modernize the Federal permitting and
review process for major infrastructure projects and works with
Federal agency partners to implement and oversee adherence to
the statutory requirements set forth in the Fixing America's
Surface Transportation Act.
COMMITTEE RECOMMENDATION
The Committee recommends $6,000,000 for the FPISC.
Federal Trade Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2020....................... $331,000,000
Budget request, fiscal year 2021...................... 330,199,000
Recommended in the bill............................... 341,000,000
Bill compared with:
Appropriation, fiscal year 2020................... +10,000,000
Budget request, fiscal year 2021.................. +10,801,000
The mission of the Federal Trade Commission (FTC) is to
enforce various Federal antitrust and consumer protection laws.
Appropriations for both the Antitrust Division of the
Department of Justice and the FTC are partially financed by
Hart-Scott-Rodino Act pre-merger filing fees. The FTC's
appropriation is also partially offset by Do-Not-Call registry
fees.
COMMITTEE RECOMMENDATION
The Committee recommends $341,000,000 for the Salaries and
Expenses of the FTC. The Congressional Budget Office estimates
$150,000,000 of collections from Hart-Scott-Rodino premerger
filing fees and $19,000,000 of collections from Do-Not-Call
list fees, which partially offset the appropriation requirement
for this account.
The Committee is highly concerned by increasing instances
of fraudulent or deceptive data collection practices and other
violations of consumer protection laws, as well as by
increasing concentration in technology and other markets. The
Committee provides the FTC with additional resources to
increase both its enforcement of antitrust statutes and its
capacity to investigate unfair, deceptive, and fraudulent
business practices.
Fraudulent Calls to Seniors.--The Committee notes that
there has been a significant uptick in fraudulent telephone
calls to seniors from people claiming to represent the Social
Security Administration. In many cases, these callers are
spoofing the actual Social Security hotline number, making it
appear as if they are calling from the Social Security hotline.
The Committee urges the FTC to prioritize investigations into
robocalls that attempt to defraud senior citizens.
Fraudulent Health Care Calls.--The Committee is aware of
the growing practice of robocallers attempting to commit
financial fraud by targeting health care providers and
patients. In some cases, callers use a spoofed number, making
it appear as if they are calling from a hospital or physician's
office, and seek to obtain sensitive health-related or finance-
related information about patients. In other cases, callers
posing as agents of the Department of Justice or relevant
credentialing authorities contact hospitals, questioning the
licensing of physicians working at the hospital. These
practices pose a direct threat to patients and providers, and
they undermine the integrity and trust that are vital
components of the patient-physician and patient-hospital
relationship. The Committee directs the FTC to prioritize
investigations into robocalls that attempt to defraud patients,
physicians, hospitals, and other health care stakeholders.
Non-Foreign Areas.--The Committee remains concerned that
some companies and corporations engaged in interstate commerce
are unwilling to ship products to Alaska, Hawaii, Puerto Rico,
and the other territories, as is offered for the continental
United States. The Committee believes that these non-foreign
areas must be afforded equal treatment to the other 48 states.
The Committee requests the FTC to continue monitoring these
inequalities in interstate commerce and to continue issuing
relevant outreach and educational materials.
Unproven Stem Cell Products.--The Committee commends the
FTC for its recent enforcement actions against companies making
deceptive health claims about the safety and efficacy of
unapproved and unproven stem cell products. Unproven stem cell
products have put many patients at risk and resulted in
patients being blinded, paralyzed, and infected with dangerous
pathogens. The Committee encourages the FTC to continue to
prioritize enforcement actions against companies making
deceptive and unproven health claims regarding the safety and
efficacy of unapproved stem cell-based products. Further, the
Committee encourages the FTC to continue to coordinate with the
Food and Drug Administration to optimize its enforcement and
consumer education activities.
Cryptocurrency.--Cryptocurrencies are digital assets that
use cryptography to secure or verify transactions. They are not
created by a government or central bank, but they can be
exchanged for U.S. dollars or other government-backed
currencies. As consumer interest in cryptocurrencies has grown,
so have scams such as deceptive investment and business
opportunities, bait-and-switch schemes, and deceptively
marketed mining machines. The Committee encourages the FTC to
work with the Securities and Exchange Commission, other
financial regulators, consumer groups, law enforcement, and
other public and private stakeholders to identify and
investigate fraud related to cryptocurrencies market and
discuss methods to empower and protect consumers.
Contact Lenses.--The Committee is disappointed that the
FTC's final amendments to the Contact Lens Rule do not
sufficiently address the patient safety concerns the Committee
has repeatedly outlined in report language for the past four
years. The rule fails to sufficiently modernize the
prescription verification process by eliminating the use of
robocalls and imposes new burdensome paperwork requirements on
providers and patients. To allow providers sufficient time to
implement the necessary changes and to prevent additional
interruptions in service due to the coronavirus, the Committee
directs the FTC to delay the effective date for the amendments,
and to suspend any implementation or enforcement of those
amendments, until March 31, 2021.
Consumer Repair Rights.--The Committee is aware of the
FTC's ongoing review of how manufacturers--in particular mobile
phone and car manufacturers--may limit repairs by consumers and
repair shops, and how those limitations may increase costs,
limit choice, and impact consumers' rights under the Magnuson-
Moss Warranty Act. Not later than 120 days after the enactment
of this Act, the FTC is directed to provide to the Committee,
and to publish online, a report on anticompetitive practices
related to repair markets. The report shall provide
recommendations on how to best address these problems.
Rebate Walls.--The Committee is concerned with an
increasingly common anticompetitive behavior potentially
distorting the U.S. biopharmaceutical market known as a rebate
wall, which occurs when a pharmaceutical manufacturer couples
volume-based discounts with retaliatory measures such as the
clawback of rebates when a competitor product is granted
formulary access. The Committee urges the FTC to prioritize
investigations into manufacturers that erect rebate walls to
block competition from new branded therapies, biosimilars,
generics, and other innovative products. Within 60 days of
enactment of this Act, the FTC is directed to submit a report
to the Committee regarding its efforts to address rebate walls
during the preceding 18 months. The Committee encourages the
FTC to coordinate with the Centers for Medicare and Medicaid
Services and the Food and Drug Administration to optimize
enforcement and consumer education activities regarding rebate
walls.
Product Hopping.--The Committee recognizes that product
hopping conduct that pharmaceutical manufacturers use to avoid
generic competition can drive up drug prices due to reduced
competition and may restrict consumer access to critical
medications. Product hopping consists of reformulating a drug
so the generic version cannot be substituted and encouraging
doctors to write prescriptions for the reformulated product.
The Committee recognizes that consumers can be harmed from two
versions of product hopping: ``hard switches'' (withdrawing the
original drug) and ``soft switches'' (keeping the original drug
on the market after introducing a reformulated version). The
Committee directs FTC to publish a report outlining the actions
it has taken in the past 15 years to address these issues and
other issues related to generic competition, and the principles
it uses to assess whether a pharmaceutical industry practice is
unlawful under the antitrust statutes.
Food and Agribusiness Mergers.--The Committee is concerned
by the growing concentration in the food and agribusiness
industries, which has far-reaching implications for family
farmers, food chain workers, the food we eat, the communities
we live in, and the natural environment. Within one year of
enactment of this Act, the FTC, in coordination with the
Department of Justice, shall report to the Committee on
antitrust actions in this sector taken over the past five years
and the ability of existing antitrust laws to provide adequate
safeguards against and remedies related to such concentration.
Aluminum Benchmarking.--The Committee encourages the FTC to
work with the Antitrust Division of the Department of Justice
on competition issues in aluminum benchmarking in the U.S. The
Committee directs the FTC to provide a briefing on this issue
no later than 120 days after enactment of this Act.
Antitrust Actions.--The Committee directs the GAO to study
FTC and DOJ antitrust actions over the past 25 years. The study
shall examine the following questions: How many instances have
FTC and DOJ been on opposing sides of the same matter? In how
many of these instances was the split created by (a) the FTC
intervening in DOJ's case; and (b) the DOJ intervening in FTC's
case? In these instances, how (if at all) did the split affect
the final outcome (e.g., did the judicial opinion cite the
split or explain how it affected the court's decision)? In how
many instances has an FTC action appeared before the Supreme
Court? Of these instances, in how many cases did the FTC
represent itself (rather than be represented by the Solicitor
General)? In how many instances has the DOJ or FTC reneged on a
clearance agreement with the other agency? In how many of these
instances was the disruption created by (a) the FTC's decision
to renege on the agreement; and (b) the DOJ's decision to
renege on the agreement? How many amicus briefs did each agency
file in each year? How many of the total amicus briefs filed by
DOJ were done so at the invitation of the court? How many of
the total amicus briefs filed by FTC were done so at the
invitation of the court?
Internet of Things.--The Committee recognizes that the
total number of Internet of Things (IoT) connected devices in
use will reach 55 billion globally by 2025. The Committee
further recognizes that the incorporation of IoT connected
devices in both our personal and professional lives expands the
cyber threat landscape into new domains, posing possible
physical safety risks in addition to more traditional
cybersecurity risks to data and information. The Committee
directs the FTC to aggressively enforce any unfair and
deceptive trade practices related to IoT devices and to issue
appropriate guidelines that promote the use of reliable and
secure loT software and hardware components from all suppliers,
domestic and foreign.
General Services Administration
The Committee continues several reporting requirements for
the General Services Administration (GSA) for fiscal year 2021.
Takings and Exchanges.--Using existing statutory
authorities, GSA has been working to dispose of properties that
no longer meet the needs of Federal agencies in exchange for
assets of like value. Some of these exchanges are very complex
in nature and involve multi-year, multi-party, and multi-
billion-dollar contracts. GSA also has the statutory authority
to take properties. The Committee believes that in some
instances, employing such authorities can result in savings to
the taxpayer when appropriately executed. As such, the
Committee expects to be kept informed of these activities. In
order to provide increased transparency, the Administrator is
directed to report to the Committee not later than 30 days
after the end of each quarter on the use of these authorities.
The report shall include a description of all takings and
exchange actions that occurred or were considered during the
most recently completed quarter of the fiscal year, including
the costs, benefits, and risks for each action. The report
shall also include the planned or considered use of takings and
exchange authorities during the remainder of the fiscal year,
including the costs, benefits, and risks of each action.
Spending Report.--Within 50 days of the end of each
quarter, GSA is directed to submit a spending report to the
Committee. The reports shall include actual obligations
incurred and estimated obligations for the remainder of the
fiscal year for each appropriation in the Federal Buildings
Fund and regular discretionary appropriations. The reports must
also include obligations by object class, program, project, and
activity.
State of the Portfolio.--Within 45 days of enactment of
this Act, the Administrator shall submit to the Committee a
report on the state of the Public Buildings Service real estate
portfolio for fiscal year 2020. The content included in the
report shall be comparable to the tabular information provided
in past State of the Portfolio reports, including, but not
limited to, the number of leases; the number of buildings;
amount of square feet, revenue, expenses by type, and vacant
space; top customers by square feet and annual rent; completed
new construction, completed major repairs and alterations, and
disposals, in total and by region where appropriate.
Vacant Buildings.--Within 90 days of enactment of this Act,
the Administrator shall submit to the Committee a report on all
the vacant or underutilized buildings in the Public Buildings
Service portfolio in fiscal year 2020 and the potential for any
of these facilities to be used as a security barrier for
adjacent fully occupied Federal buildings.
Land Ports of Entry State of the Portfolio.--Within 90 days
of enactment of this Act, GSA is directed to provide the
Committee a report on the state of the land ports of entry
portfolio. The content of this report shall include, but shall
not be limited to, a prioritized list of new construction and
major repairs and alterations projects.
Rental Rates.--The Committee expects GSA to provide
workspace for its customers at commercially-comparable rental
rates and at a superior value to the taxpayer. The Committee
directs GSA to provide a report describing GSA's methodology
for calculating rental rates for Congressional offices located
in Federal Courthouses within 90 days of enactment of this Act.
REAL PROPERTY ACTIVITIES
FEDERAL BUILDINGS FUND
LIMITATIONS ON AVAILABILITY OF REVENUE
(INCLUDING TRANSFERS OF FUNDS)
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2020.......... $8,856,530,000
Limitation on availability, budget request, fiscal 10,388,375,000
year 2021............................................
Recommended in the bill............................... 9,052,711,000
Bill compared with:
Availability limitation, fiscal year 2020......... +196,181,000
Availability limitation, fiscal year 2021 request. -1,335,644,000
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 with 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 $9,052,711,000 for the FBF. Within this total,
$209,700,000 is for construction, $585,965,000 is for repairs
and alterations, $5,723,900,000 is for rental of space, and
$2,533,146,000 is for building operations.
In addition, the Coronavirus Aid, Relief, and Economic
Security Act (CARES Act) (P.L. 116-136) included $295,150,000
for GSA to prevent, prepare for, and respond to coronavirus,
domestically or internationally.
Historically, prior to obligating funds for prospectus-
level construction, alterations, or leases, GSA has waited for
the project to be authorized through a resolution approved by
the Committee on Transportation and Infrastructure in the House
and the Committee on Environment and Public Works in the Senate
as required by title 40 of the United States Code and in
accordance with the proviso included in the FBF appropriations
limiting the obligation of funds to prospectus-level projects
approved by the authorizing committees. The Committee supports
this process and believes that prospectus-level projects
warrant a thorough review from both the Appropriations
Committee and the authorizing committees. The Committee expects
GSA to continue to follow this process.
Mitigating Bird Deaths.--The Committee recognizes the
importance of mitigating bird deaths due to collisions with
buildings. The Committee encourages GSA, to the maximum extent
practicable, to incorporate methods and strategies to reduce
bird mortality from collisions with public buildings
constructed, acquired, altered, or operated by GSA. GSA is
encouraged to follow current best practices for building facade
materials, design features, lighting practices, and operations,
including those practices referenced in green building system
credits, and to obtain certification for such credits when
green building systems are applied.
Native Plant Materials.--GSA has maintained a steadfast
commitment to promoting sustainability in the more than 9,000
assets that fall under its purview. A valuable element in
advancing this overall sustainability strategy would involve
the integration of regionally-adapted native plant materials
into the grounds and, as appropriate, structures of Federal
properties. Accordingly, the Committee instructs GSA to develop
and implement a program whereby the sponsors of any development
project involving a Federal facility with a footprint that
exceeds 5,000 square feet are directed to use site planning,
design, construction, and maintenance strategies for the
property that integrate, to the maximum extent technically
feasible, the use of locally-adapted native plant materials in
all natural spaces, including roofs and other appropriate
portions of the structure where feasible.
High Performance Leasing.--The Administration has committed
time and resources to develop lease procedures to reduce
utility consumption, optimize building performance, and save
taxpayer funds on leasing inefficient facilities, in light of
its statutory obligation to provide for implementation of cost-
effective energy and water efficiency measures throughout
Federally leased properties. The Committee expects the
Administration to follow statutory requirements and implement
its policies for leases, including compliance with the ENERGY
STAR and building rating certification lease policies and
procedures in applicable projects. The Committee further
encourages the Administration to develop and implement
mechanisms to improve landlord compliance with energy
provisions of leases for Federal space.
Executive Office for Immigration Review (EOIR) Court
Space.--The Committee is concerned with the lack of necessary
facilities for Immigration Judges on the U.S.-Mexico border.
For fiscal year 2019, Congress authorized 534 Immigration
Judges. However, the Committee notes that EOIR only has 426
courtrooms. Therefore, the Committee directs GSA to take
direction from EOIR on its new space requirements. The
Committee further directs GSA to conduct market research and
market surveys, with EOIR's program of requirements, that are
geographically adjacent to the southwest border with the
purpose of identifying potential facilities that can be used as
immigration courtrooms from Federal, State, local, and private
sources, including courtrooms where the cases of detained
aliens or aliens subject to the Migrant Protection Protocols
may be heard. The Committee expects GSA to use a turn-key
leasing approach, when possible, for court space acquisition.
Furthermore, in Federal locations along the U.S.-Mexico border,
the Committee encourages GSA to identify and prioritize the
acquisition of available space for use by EOIR as courtrooms,
including courtrooms where the cases of detained aliens or
aliens subject to the Migrant Protection Protocols may be
heard. Finally, the Committee directs GSA to submit a report on
its efforts within 90 days of enactment of this Act that
includes the resources necessary to carry out this request.
Plumbing Requirements.--During the next revision of GSA's
building construction requirements (GSA P100), the Committee
encourages GSA to evaluate additional codes and standards,
including those that have achieved American National Standard
Institute (ANSI) designation, or were developed by an ANSI
Audited Designator, to better align with the intent of Federal
policy on the use of codes, standards, and directives that
Congress has given Federal departments and agencies through
more than 100 Committee Reports since the 108th Congress.
High Cost Leasing.--Within 90 days of enactment of this
Act, GSA is directed to provide the Committee a report on
projects where a lease which requires new building construction
cannot be awarded because the offered rates exceed the local
market rate and are in in high-cost areas where the land and
construction costs are above the national average. The report
should cover the previous five fiscal years. The content of
this report shall include, but not be limited to, a list of
pending Federal construction projects that are a result of
unsuccessful lease procurements.
Buy American Act.--The Committee notes that in certain
recent significant design-build contracts, the retained
contractor has used foreign rather than domestic sourcing for
major elements of the project, despite the submission of
responsive domestic bids. In light of the importance of
securing and protecting domestic supply chains for the future,
the Committee directs GSA to provide a report not later than
180 days after the end of fiscal years 2020 and 2021,
consistent with the requirements of 41 USC 8302(b)(2) as it
pertains to both manufactured and unmanufactured articles,
materials, and supplies.
Old Post Office Lease Agreement.--The Committee remains
concerned about GSA's management of the lease agreement between
GSA and the Trump Old Post Office LLC. Given GSA's past
failures to address constitutional and contractual issues
raised by President Trump's ownership interest in the Trump
International Hotel, and the possibility that GSA may now be
receiving rent earned from constitutional violations and/or a
breached lease, the Committee directs GSA, within 90 days of
enactment of this Act, to produce unredacted and complete
copies of the Trump Old Post Office LLC's annual and monthly
statements; conduct an audit pursuant to Section 5.4 of the
lease between GSA and the Trump Old Post Office LLC to
determine the amount of rent GSA is receiving pursuant to its
lease of the Old Post Office Building, including what portion
of that rent consists of GSA's share of the hotel's gross
revenue, and identify what steps GSA is taking to ensure that
it is receiving all gross revenue-related rent it is owed; and
the legal analysis of Section 37.19 of the lease agreement that
led to GSA's conclusion that the Trump Old Post Office LLC
satisfied the terms and conditions of the lease agreement.
Outlease Rent Concessions.--The Committee is concerned
about the management of GSA outleases in Federal buildings due
to the effects of coronavirus on the commercial real estate
market. Within 90 days of enactment of this Act, GSA is
directed to submit a report on all concessions made to outlease
tenants in Federal buildings related to the response to
coronavirus, including rental payments, lease term length, and
any other changes to the lease agreement. If GSA determines
that any outlease tenant's request for concessions is not in
the interests of the government, then GSA shall provide a
detailed response to the tenant and include the response in its
report to the Committee.
Building Occupancy Data.--The Committee supports the GSA
Public Buildings Service's efforts to develop new tools,
reports, and system enhancements to identify assets that can be
more effectively utilized. In particular, the use of
commercially available technology that provides accurate
building occupancy data in real time while not violating
security and privacy could deliver insights into the agency's
work on footprint optimization and space utilization as well as
identify significant cost savings. The Committee encourages the
agency to evaluate the deployment of this technology across the
leased and owned Federal real estate portfolio.
Courthouses.--The Committee is supportive of the
Judiciary's courthouse construction program and encourages the
Administration to fund this program in future budget requests.
Federal Building Discharging Sewage into North Carolina
Waterways.--The Committee is aware that the GSA Inspector
General has found that, according to GSA studies, it is likely
that GSA is committing a serious environmental violation at the
Terry Sanford Federal Building a U.S. Courthouse in Raleigh,
North Carolina. The building is owned and operated by GSA. The
Committee has concerns with the allegation of a lack of
response to the initial violations, leading to the continuation
of discharge of raw sewage into local and state waterways.
Therefore, the Committee urges GSA to respond and prioritize
the needs of the District Court and other tenants of the Terry
Sanford Federal Building in regards to repairs associated with
this specific violation as well as any other repairs and
renovations needed for general operations. GSA is directed to
brief the Committee within 30 days of the date of enactment of
this Act on the status of efforts to address the deficiencies
specific to the Terry Sanford Building identified by the GSA
Inspector General.
CONSTRUCTION AND ACQUISITION
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2020.......... $152,400,000
Limitation on availability, budget request, fiscal 762,377,000
year 2021............................................
Recommended in the bill............................... 209,700,000
Bill compared with:
Availability limitation, fiscal year 2020......... +57,300,000
Availability limitation, fiscal year 2021 request. -552,677,000
The construction and acquisition fund finances the project
cost of design, construction, and management and inspection
costs of new Federal facilities.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $209,700,000 for
the following projects:
State Description Amount
DC................................ Department of $200,700,000
Homeland Security
Consolidation at
St. Elizabeths.
DC................................ Southeast Federal $9,000,000
Center Remediation.
Mexico-American Border Coordinators.--Mexico is the second
largest importer of all goods into the U.S., in addition to
being the second largest recipient of all goods exported by the
U.S. The Committee is concerned that a lack of coordination
between Customs and Border Protection (CBP), GSA, the
Department of Transportation, and other relevant Federal
agencies is hampering freight infrastructure development at the
southwest border, critical to maintaining this bilateral trade
relationship. In fiscal year 2020, the Committee directed GSA
to designate a border infrastructure coordinator in each region
along the southwest border and report to the Committee on its
efforts and any additional resources necessary to establish
these positions. The Committee looks forward to receiving the
required report and directs GSA to continue funding these
coordinators in fiscal year 2021. The Committee further directs
GSA to submit a report within 120 days of the enactment of this
Act on any additional resources necessary to establish these
positions.
Land Ports of Entry--Centers of Excellence.--The Committee
is concerned that many U.S. land ports of entry on the
southwest border were either not designed to accommodate asylum
seekers or do not have adequate space to process the large
numbers of asylum seekers who legally present themselves for
primary inspection by CBP officers. The lack of processing
space at land ports of entry strands vulnerable asylum seekers
in Mexico and leads some to attempt to cross illegally in more
remote locations between the ports of entry, further
overwhelming U.S. Border Patrol resources. Therefore, the
Committee directs GSA, in conjunction with CBP, to explore
establishing a Center of Excellence to prioritize Construction
and Acquisition program funding for major repairs and
alterations at southwest border land ports of entry that have
the highest number of asylum seekers, including the costs
associated with establishing such a Center of Excellence. The
Administrator is further directed to report to the Committee
within 120 days of enactment of this Act on the prioritization
of and investments for all Capital Program--Construction and
Acquisition projects.
REPAIRS AND ALTERATIONS
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2020.......... $833,752,000
Limitation on availability, budget request, fiscal 1,363,223,000
year 2021............................................
Recommended in the bill............................... 585,965,000
Bill compared with:
Availability limitation, fiscal year 2020......... -247,787,000
Availability limitation, fiscal year 2021 request. -777,258,000
The repairs and alterations activity funds the project cost
of design, construction, 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 $585,965,000 to
remain available until expended for repairs and alterations.
Major Repairs and Alterations.--The Committee recommends
$203,908,000 for repairs and alterations projects that exceed
the prospectus threshold. The funds are provided to address
GSA's highest priority facility needs. The Committee directs
GSA to submit a detailed plan, by project, regarding the use of
Major Repairs and Alterations funds, not later than 45 days
after enactment of this Act. GSA is further directed to provide
notification to the Committee not less than 15 days prior to
any changes in the use of these funds.
Basic Repairs and Alterations.--The Committee recommends
$382,057,000 for non-recurring repairs and alterations projects
between $10,000 and the current prospectus threshold of
$3,095,000.
Energy Savings Performance Contracts.--Within available
funds, the Committee recommends at least $15,000,000 to
leverage energy savings performance contracts so that the
capital improvement projects involving energy systems, energy
controls, and building envelopes awarded in fiscal year 2021
ensure maximum return on investment to the taxpayer. The
Committee remains concerned with the findings in the GSA
Inspector General (GSA IG) report released on March 17, 2020,
entitled ``PBS's $1.7 Billion Energy Savings Performance
Contracts Are Not Achieving Energy and Cost Savings Due to
Inadequate Oversight'' and recommends that GSA implement the
GSA IG's recommendations in the report.
Child Care Centers in GSA Buildings.--The Committee is
extremely concerned about the GSA IG report entitled ``Child
Care Centers in GSA Controlled Buildings Have Significant
Security Vulnerabilities'' released on January 30, 2020. The
GSA IG identified significant security vulnerabilities at
several child care centers. They found child care centers in
GSA-controlled buildings that do not meet the minimum security
standards. The GSA IG also found child care centers in
buildings that have other significant risks and that many of
the recommended security countermeasures have not been
implemented.
The Committee believes GSA has the authority and discretion
to upgrade GSA-controlled buildings containing child care
centers to meet minimum security standards. The Committee
directs GSA to pursue implementation of these countermeasures
by either gaining tenant agency approvals and amortizing the
costs into their occupancy agreements or incorporating the
upgrades necessary into existing building repairs and
alterations projects. Within 90 days of enactment of this Act,
GSA should provide a report on a comprehensive plan to address
security vulnerabilities at GSA controlled child care centers.
RENTAL OF SPACE
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2020.......... $5,497,561,000
Limitation on availability, budget request, fiscal 5,725,464,000
year 2021............................................
Recommended in the bill............................... 5,723,900,000
Bill compared with:
Availability limitation, fiscal year 2020......... +226,339,000
Availability limitation, fiscal year 2021 request. -1,564,000
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 $5,723,900,000 for
rental of space. The Committee expects GSA to continue its
efforts to reduce its leased inventory.
Health Care Clinics.--The Committee notes that several
health care clinics lease projects were in the fiscal year 2014
budget request and were part of the Veterans Access, Choice,
and Accountability Act of 2014 but have been significantly
delayed and have still not opened. Therefore, the Committee
directs GSA, in cooperation with OMB, to provide a report to
the Committee within 90 days of enactment of this Act
detailing: (1) the timeline and explanation of events that have
delayed delivery of these health care clinic lease projects and
(2) actions that need to occur for those projects to proceed,
including an estimated timeline for completing each action.
Sensitive Leased Locations.--The Committee directs GSA to
produce a report to the Committee within 90 days of enactment
of this Act on any GSA leases for occupancy by Immigration and
Customs Enforcement (ICE) or CBP of a building that is within
2,500 feet of a facility operated by the Department of Veterans
Affairs or that meets the definition of a sensitive location as
defined by ICE or CBP guidelines within the last two fiscal
years.
Congressionally Designated Organizations.--The Committee is
aware that the some Congressionally Designated Museums are
expected to pay rent in Federal buildings. The Committee
strongly encourages the GSA, where practicable, to enter into
cooperative agreements with such entities in perpetuity and
without charge.
BUILDING OPERATIONS
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2020.......... $2,372,817,000
Limitation on availability, budget request, fiscal 2,537,311,000
year 2021............................................
Recommended in the bill............................... 2,533,146,000
Bill compared with:
Availability limitation, fiscal year 2020......... +160,329,000
Availability limitation, fiscal year 2021 request. -4,165,000
The building operations account 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.
In addition, this account funds all the personnel and
administrative expenses for carrying out construction and
acquisition, repair and alteration, and leasing activities.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $2,533,146,000 for
building operations and maintenance. Not later than 60 days
after enactment of this Act, the Administrator shall submit to
the Committee a spend plan, by region, regarding the use of
these funds.
GENERAL ACTIVITIES
GOVERNMENT-WIDE POLICY
Appropriation, fiscal year 2020....................... $64,000,000
Budget request, fiscal year 2021...................... 65,843,000
Recommended in the bill............................... 64,000,000
Bill compared with:
Appropriation, fiscal year 2020................... - - -
Budget request, fiscal year 2021.................. -1,843,000
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 $64,000,000 for Government-wide
Policy.
Interagency Task Force on Health and Human Services
Information Technology (IT).--The Committee recognizes a
growing need for the integration and modernization of Federal
IT systems and notes that increased investment in IT would
greatly improve employee and recipient interactions with
Federal health and human service programs while enhancing
program efficiency, integrity, analytic capability, and network
security. The Committee urges the Chief Information Office and
Chief Technology Officer (CTO) of HHS, in collaboration with
the White House CTO and U.S. Department of Agriculture (USDA),
as well as the Office of the National Coordinator for Health
Information Technology (ONC) within HHS, 18F within the GSA,
and the Cybersecurity and Infrastructure security Agency (CISA)
within the U.S. Department of Homeland Security, to establish
an interagency task force that will examine existing IT
infrastructure in Federal health human service programs
nationwide and identify the limitations to successfully
integrating and modernizing health and human services IT, and
the network security necessary for health and human services IT
interoperability. The task force shall submit to the Committee
within 180 days of enactment on this Act a report on its
progress and on recommendations for further Congressional
action, which should include estimated costs for agencies to
make progress on interoperability initiatives.
Category Management.--The Committee is interested in
understanding the effects of GSA's category management policy
on contracts with small businesses. Category management refers
to the business practice of buying common goods and services as
an enterprise to eliminate redundancies, increase efficiency,
and deliver more value and savings from the Federal
government's acquisition programs. Within 180 days of the
enactment of this Act, the Committee directs GSA, in
cooperation with SBA, to submit a report to the Committee on
the number of contracts that could have been awarded under
sections 8(a), 8(m), 15(a), 15(j), 31, or 36 of the Small
Business Act, but were exempted by category management since
its implementation.
Building Design.--The Committee recognizes the importance
of mitigating bird deaths due to collisions, and encourages the
incorporation of materials and design features for each public
building constructed, acquired, or altered by GSA to have at
least 90 percent of the facade material from ground level to 40
feet not be composed of glass or employ one or more of the
following: (a) elements mounted outside the glass that
eliminate reflectivity; (b) UV patterned glass; (c) patterned
glass which restricts horizontal spaces to less than 2,, high
or vertical spaces less than 4,, wide; and (d) opaque, etched,
stained, or frosted glass. The Committee recognizes that with
the increase in local and state bird-friendly building
ordinances and guidelines in states such as California and
Minnesota that there is an increasing need for a uniform
minimum Federal standard.
Green Building Certification.--The Committee recognizes the
importance of incorporating energy and water efficiency in
constructing, modernizing, and operating Federal facilities to
save taxpayer money and meet Federal goals. To the extent that
GSA utilizes certification systems in achieving this objective,
the systems should comply with the Department of Energy (DOE)
final rule on Green Building Certification Systems for Federal
Buildings (79 Fed. Reg. 61.563, 10 C.F.R. Sec. Sec. 433.300,
435.300).
First Aid Kit Enhancements.--The Committee is aware that
first aid products endorsed by the Department of Defense's
Committee on Tactical Combat Casualty Care (CoTCC) help to
reduce death or trauma as a result of bleeding. To improve
outcomes in crisis situations, the Committee encourages GSA to
consult with CoTCC and determine whether it is appropriate to
incorporate CoTCC-approved items in first aid kits in Federal
buildings, Federal courthouses, and Federal law enforcement
vehicles. The Committee directs GSA to produce a report within
90 days of enactment of this Act on whether the use of CoTCC-
approved items is appropriate in Federal buildings.
Hotel Per Diem Rates.--The Committee is concerned about the
lasting impacts of the COVID-19 pandemic on the travel and
tourism industry, particularly on hoteliers and other lodging
providers. The travel and tourism industry is critical to the
economy. Unfortunately, due to stay-at home orders, mandatory
shutdowns, and social distancing measures, hotel rates and
occupancies have dropped to historic lows. The average daily
rate (ADR) for hotels fell 44 percent nationwide in April
compared to last year, with declines as large as 60 percent in
certain locales. Because GSA utilizes ADR to set per diem rates
for Federal travel, the Committee is concerned that COVID-19
will produce significantly depressed per diem rates, negatively
impacting the hotel and lodging industry's long-term recovery.
To allow the travel industry to recover from this economic
catastrophe, the Committee directs GSA to consider the
extraordinary impact of COVID-19 in determining the per diem
rates for Federal travel for fiscal year 2021 and adjust their
rates accordingly.
OPERATING EXPENSES
Appropriation, fiscal year 2020....................... $49,440,000
Budget request, fiscal year 2021...................... 49,440,000
Recommended in the bill............................... 49,440,000
Bill compared with:
Appropriation, fiscal year 2020................... - - -
Budget request, fiscal year 2021.................. - - -
This account provides appropriations for activities that
are not feasible for a user fee arrangement. Included under
this heading are personal property utilization and donation
activities of the Federal Acquisition Service; real property
utilization and disposal activities of the PBS; select
management and administration activities including support of
government-wide emergency management activities; and top-level,
agency-wide management communication activities.
COMMITTEE RECOMMENDATION
The Committee recommends $49,440,000 for operating
expenses. Within the amount provided, $26,890,000 is for Real
and Personal Property Management and Disposal and $22,550,000
is for the Office of the Administrator.
Federal Real Property Profile.--The Committee understands
that the GSA Federal Real Property Profile (FRPP) has been
making progress on the use of geospatial technology and on data
transparency. However, the Committee is aware of the problem in
gathering Federal real property data created by the exemption
language for Federal lands found in Executive Order 13327. This
exemption denies GSA the ability of collecting meaningful data
from large landholding agencies within the Department of the
Interior and the Department of Agriculture. The Committee is
also aware that Section 7 of the Executive Order provides
flexibility for the Interior and Agriculture Departments to
still contribute their data into the FRPP. The Committee
expects GSA to increase the transparency, accuracy, and
accountability with both Departments given the expansive amount
of data which could be added to the FRPP.
CIVILIAN BOARD OF CONTRACT APPEALS
Appropriation, fiscal year 2020....................... $9,301,000
Budget request, fiscal year 2021...................... 9,625,000
Recommended in the bill............................... 9,625,000
Bill compared with:
Appropriation, fiscal year 2020................... +324,000
Budget request, fiscal year 2021.................. - - -
This account provides appropriations for the Civilian Board
of Contract Appeals (CBCA). The CBCA is charged with
facilitating the prompt, efficient, and inexpensive resolution
of disputes through the use of alternate dispute resolution.
COMMITTEE RECOMMENDATION
The Committee recommends $9,625,000 for the Civilian Board
of Contract Appeals.
OFFICE OF INSPECTOR GENERAL
Appropriation, fiscal year 2020....................... $67,000,000
Budget request, fiscal year 2021...................... 69,000,000
Recommended in the bill............................... 67,000,000
Bill compared with:
Appropriation, fiscal year 2020................... - - -
Budget request, fiscal year 2021.................. -2,000,000
The GSA Office of Inspector General (GSA IG) 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 $67,000,000 for the OIG.
ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS
Appropriation, fiscal year 2020....................... $3,851,000
Budget request, fiscal year 2021...................... 3,915,000
Recommended in the bill............................... 3,915,000
Bill compared with:
Appropriation, fiscal year 2020................... +64,000
Budget request, fiscal year 2021.................. - - -
This appropriation provides pensions, office staff, and
related expenses for former Presidents Jimmy Carter, William
Clinton, George W. Bush, and Barack Obama.
COMMITTEE RECOMMENDATION
The Committee recommends $3,915,000 for allowances and
office staff for former Presidents.
FEDERAL CITIZEN SERVICES FUND
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2020....................... $55,000,000
Budget request, fiscal year 2021...................... 58,400,000
Recommended in the bill............................... 55,000,000
Bill compared with:
Appropriation, fiscal year 2020................... - - -
Budget request, fiscal year 2021.................. -3,400,000
The Federal Citizen Services Fund provides for the salaries
and expenses of GSA's Office of Citizen Services and Innovative
Technologies. The Fund enables citizen access and engagement
with government through an array of operational programs and
direct citizen-facing services. The Fund also provides
electronic or other methods of access to and understanding of
Federal information, benefits, and services to citizens,
businesses, local governments, and the media.
COMMITTEE RECOMMENDATION
The Committee recommends $55,000,000 for the Federal
Citizen Services Fund. The Committee expects that the funds
provided for these activities, combined with efficiency gains
and resource prioritization, will result in increased delivery
of information to the public and the ease of transaction with
the government.
Open Government.--The recommendation includes $5,000,000
for implementation of the OPEN Government Data Act's (title II
of the Foundations for Evidence-Based Policymaking Act, Public
Law 115-435) Sec. 3511 requirements. Specifically, these funds
are to be used to support the establishment and maintenance of
a Federal Data Catalogue; assistance to Federal agencies for
implementation of the requirement of Comprehensive Data
Inventories; and the establishment of an open data best
practices online repository, including additional personnel
dedicated to operational and standards setting support
functions.
Federal Risk and Authorization Management Program
(FedRAMP).--The Committee continues to support efforts by the
FedRAMP to empower Federal agencies to use modern cloud
technologies, with emphasis on the security and protection of
Federal information, and to help accelerate the adoption of
secure cloud solutions. The Committee recognizes that these
efforts must be prioritized government-wide in order to ensure
the effective security of Federal information impacting
millions of civil servants and taxpayers nation-wide,
particularly in light of the ongoing COVID-19 pandemic which
has intensified the cyber vulnerability of the Federal cloud
services network.
Presidential Transition
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2020....................... - - -
Budget request, fiscal year 2021...................... $9,900,000
Recommended in the bill............................... 9,900,000
Bill compared with:
Appropriation, fiscal year 2020................... +9,900,000
Budget request, fiscal year 2021.................. - - -
This appropriation provides for an orderly transfer of
executive leadership in accordance with the Presidential
Transition Act of 1963, as amended.
COMMITTEE RECOMMENDATION
The Committee recommends $9,900,000 for the activities
related to the Presidential Transition, including $1,000,000
for briefing and training personnel associated with the
incoming Administration.
TECHNOLOGY MODERNIZATION FUND
Appropriation, fiscal year 2020....................... $25,000,000
Budget request, fiscal year 2021...................... 150,000,000
Recommended in the bill............................... 25,000,000
Bill compared with:
Appropriation, fiscal year 2020................... - - -
Budget request, fiscal year 2021.................. -125,000,000
This account provides appropriations for the Technology
Modernization Fund (TMF) which is a full cost recovery fund
that finances the transition of IT systems for Federal agencies
to modern IT platforms.
COMMITTEE RECOMMENDATION
The Committee recommends $25,000,000 for the TMF. The
Committee encourages GSA and the TMF Board to prioritize and
fund those projects that have the most significant impact on
mission enhancement and that most effectively modernize
citizen-facing services, including updating public facing
websites, modernizing forms, and digitizing government
processes.
ASSET PROCEEDS AND SPACE MANAGEMENT FUND
Appropriation, fiscal year 2020....................... - - -
Budget request, fiscal year 2021...................... $31,000,000
Recommended in the bill............................... 16,000,000
Bill compared with:
Appropriation, fiscal year 2020................... +16,000,000
Budget request, fiscal year 2021.................. -15,000,000
This account provides appropriations for the purposes of
carrying out actions pursuant to the recommendations of the
Public Buildings Reform Board consistent with Public Law 114-
287.
COMMITTEE RECOMMENDATION
The Committee recommends $16,000,000 for the Asset Proceeds
and Space Management Fund.
WORKING CAPITAL FUND
Appropriation, fiscal year 2020....................... - - -
Budget request, fiscal year 2021...................... $90,000,000
Recommended in the bill............................... - - -
Bill compared with:
Appropriation, fiscal year 2020................... - - -
Budget request, fiscal year 2021.................. -90,000,000
COMMITTEE RECOMMENDATION
The Committee recommends no appropriation for the Working
Capital Fund.
Shared Services.--The Committee remains concerned about
GSA's implementation and program management of its Payroll
Shared Services Initiative NewPay, including the continued lack
of transparency and details on implementation costs and return
on investment for current Federal agency personnel and
customers. The Committee is also concerned about the migration
and other costs per Federal employee that Federal agencies and
departments might incur to transition very limited payroll
services of the current payroll and related systems
applications to NewPay. The Committee has previously denied
GSA's appropriations request for migration and other costs
associated with NewPay. GSA's fiscal year 2021 budget
justification materials do not provide a sufficient basis for
providing $20,000,000 in additional funding. GSA has also yet
to provide detailed justifications, spend plans, and
obligations by category, activities, or services already funded
with the $20,600,000 provided in fiscal year 2019 for NewPay
implementation by the TMF. The Committee understands that GSA
has established a NewPay Project Management Office within its
own organization. However, the Committee wants to avoid
establishing duplicative agency offices and expertise, and to
ensure that millions of Federal employees' payroll and human
resources services are not interrupted or adversely impacted
during transition to NewPay's limited services. The Committee
directs GSA to consult with the existing Federal civilian
payroll and human resource management shared services providers
for the program management and implementation efforts
associated with NewPay and related shared services initiatives,
and to produce a report on those consultations with 180 days of
enactment of this Act.
Office of Customer Experience.--The Committee is aware that
institutionalizing data-driven decision-making may facilitate
cost efficiencies, service innovations, and improved customer
satisfaction among those who interact with the Federal
government. It is critical that GSA tap into commercially-
available, affordable, and proven technology to listen,
understand, and act on critical experience data. Such
technology should enable GSA to leverage a unified, agile, and
open platform that spans data collection, advanced data
analysis, and response tracking and management while
integrating other tools already in use at GSA.
ADMINISTRATIVE PROVISIONS--GENERAL SERVICES ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
Section 520. The Committee continues a provision providing
authority for the use of funds for the hire of motor vehicles.
Section 521. The Committee continues a provision providing
that funds made available for activities of the Federal
Buildings Fund may be transferred between appropriations with
advance approval of the Committees on Appropriations of the
House and the Senate.
Section 522. The Committee continues a provision requiring
funds proposed for developing courthouse construction requests
to meet appropriate standards and the priorities of the
Judicial Conference.
Section 523. The Committee continues a 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 assessed rent.
Section 524. The Committee continues a provision that
permits GSA to pay small claims (up to $250,000) made against
the Federal government.
Section 525. The Committee continues a 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 of jurisdiction.
Section 526. The Committee continues a provision requiring
a spend plan for certain accounts and programs.
Section 527. The Committee includes a new provision to
expand the definition of items that can be acquired to
implement the Chief Financial Officer's Act of 1990. This new
authority is not provided to fund the expansion of NewPay.
Section 528. The Committee includes a new provision
requiring GSA to transmit a new prospectus for consolidation of
a new Federal Bureau of Investigation headquarters.
Section 529. The Committee includes a new provision
prohibiting the use of funds for any contracts inconsistent
with the Brooks Act and part 36.6 of the Federal Acquisition
Regulation.
Section 530. The Committee includes a new provision
prohibiting the use of funds for any Executive Order that would
establish a preferred architectural style for Federal buildings
and courthouses or would conflict with existing GSA
architectural guidelines.
Harry S Truman Scholarship Foundation
SALARIES AND EXPENSES
Appropriation, fiscal year 2020....................... $1,670,000
Budget request, fiscal year 2021...................... 1,670,000
Recommended in the bill............................... 1,670,000
Bill compared with:
Appropriation, fiscal year 2020................... - - -
Budget request, fiscal year 2021.................. - - -
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.
COMMITTEE RECOMMENDATION
The Committee recommends $1,670,000 for the Harry S Truman
Scholarship Foundation.
Merit Systems Protection Board
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2020....................... $46,835,000
Budget request, fiscal year 2021...................... 44,499,000
Recommended in the bill............................... 46,835,000
Bill compared with:
Appropriation, fiscal year 2020................... - - -
Budget request, fiscal year 2021.................. +2,336,000
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 $46,835,000 for the MSPB. 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
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2020....................... $1,800,000
Budget request, fiscal year 2021...................... 1,800,000
Recommended in the bill............................... 1,800,000
Bill compared with:
Appropriation, fiscal year 2020................... - - -
Budget request, fiscal year 2021.................. - - -
The General Fund payment to the Morris K. Udall and Stewart
L. Udall Trust Fund is invested in Treasury securities with
maturities suitable to the needs of the Fund. Interest earnings
from the investments are used to carry out the activities of
the Morris K. Udall and Stewart L. Udall Foundation. The
Foundation awards scholarships, fellowships, and grants, and
funds activities of the Udall Center. The Foundation also
supports training programs for professionals in healthcare
policy and public policy, such as the Native Nations Institute
(NNI). NNI, based at the University of Arizona, provides Native
Americans with leadership and management training and analyzes
policies relevant to tribes.
COMMITTEE RECOMMENDATION
The Committee recommends $1,800,0000 for the Morris K.
Udall and Stewart L. Udall Trust Fund.
ENVIRONMENTAL DISPUTE RESOLUTION FUND
Appropriation, fiscal year 2020....................... $3,200,000
Budget request, fiscal year 2021...................... 3,227,000
Recommended in the bill............................... 3,200,000
Bill compared with:
Appropriation, fiscal year 2020................... - - -
Budget request, fiscal year 2021.................. -27,000
The U.S. Institute for Environmental Conflict Resolution is
a Federal program established by Public Law 105-156 to assist
parties in resolving environmental, natural resource, and
public lands conflicts. The Institute is part of the Morris K.
Udall and Stewart L. Udall Foundation and serves as an
impartial, nonpartisan institution providing professional
expertise, services, and resources to all parties involved in
such disputes. The Institute helps parties determine whether
collaborative problem solving is appropriate for specific
environmental conflicts, how and when to bring all the parties
together for discussion, and whether a third-party facilitator
or mediator might be helpful in assisting the parties in their
efforts to reach consensus or to resolve the conflict. In
addition, the Institute maintains a roster of qualified
facilitators and mediators with substantial experience in
environmental conflict resolution and can help parties in
selecting an appropriate neutral professional.
COMMITTEE RECOMMENDATION
The Committee recommends $3,200,000 for the Environmental
Dispute Resolution Fund.
National Archives and Records Administration
OPERATING EXPENSES
Appropriation, fiscal year 2020....................... $359,000,000
Budget request, fiscal year 2021...................... 356,954,000
Recommended in the bill............................... 361,449,000
Bill compared with:
Appropriation, fiscal year 2020................... +2,449,000
Budget request, fiscal year 2021.................. +4,495,000
The National Archives and Records Administration (NARA) is
an independent agency established in 1934 to identify, access,
protect, preserve, and make available for use the important
documents and records of all three branches of the Federal
government. Today, NARA's responsibilities also include
publishing the Federal Register, mediating Freedom of
Information Act disputes, and coordinating controlled
unclassified information.
COMMITTEE RECOMMENDATION
The Committee recommends $361,449,000 for NARA to support
basic operations, services to the public, operation of Public
Libraries, and declassification review. Of the amount
appropriated, up to $2,000,000 is available until expended to
implement the Civil Rights Cold Case Records Collection Act of
2018.
In addition, the Coronavirus Aid, Relief, and Economic
Security Act (CARES Act) (P.L. 116-136) included $8,100,000 for
NARA to prevent, prepare for, and respond to coronavirus,
domestically or internationally.
The Committee directs NARA to continue its work related to
the Electronic Records Initiative, mass digitization,
preservation of archival electronic records, and cybersecurity.
In lieu of initiating a new program related to veterans'
records, NARA is directed to provide to the Committee, within
90 days of enactment of this Act, with comprehensive financial
projections for the Federal Records Centers Program for the
next five years and legislative recommendations for improving
the program's long-term financial stability.
OFFICE OF INSPECTOR GENERAL
Appropriation, fiscal year 2020....................... $4,823,000
Budget request, fiscal year 2021...................... 5,300,000
Recommended in the bill............................... 5,195,000
Bill compared with:
Appropriation, fiscal year 2020................... +372,000
Budget request, fiscal year 2021.................. -105,000
The NARA 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 $5,195,000 for the NARA OIG.
REPAIRS AND RESTORATION
Appropriation, fiscal year 2020....................... $7,500,000
Budget request, fiscal year 2021...................... 5,000,000
Recommended in the bill............................... 7,500,000
Bill compared with:
Appropriation, fiscal year 2020................... - - -
Budget request, fiscal year 2021.................. +2,500,000
The NARA Repairs and Restoration account provides for the
repair, alteration, and improvement of Archives facilities and
Presidential libraries nationwide. It enables NARA to maintain
its facilities in proper condition for visitors, researchers,
and employees, as well as to ensure the structural integrity of
its buildings.
COMMITTEE RECOMMENDATION
The Committee recommends $7,500,000 for Repairs and
Restoration.
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION GRANTS PROGRAM
Appropriation, fiscal year 2020....................... $6,500,000
Budget request, fiscal year 2021...................... - - -
Recommended in the bill............................... 7,000,000
Bill compared with:
Appropriation, fiscal year 2020................... +500,000
Budget request, fiscal year 2021.................. +7,000,000
The National Historical Publications and Records Commission
(NHPRC) program provides for grants to preserve and publish
records that document American history. Administered within
NARA, the NHPRC helps State, local, and private institutions
preserve non-Federal records; helps historical organizations
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 $7,000,000 for NHPRC grants.
Nixon Recordings.--The Committee encourages NARA to
continue its effort to make available online to researchers,
transcribers, and other interested parties the audio recordings
of former President Richard Nixon.
National Credit Union Administration
COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
Appropriation, fiscal year 2020....................... $1,500,000
Budget request, fiscal year 2021...................... - - -
Recommended in the bill............................... 2,000,000
Bill compared with:
Appropriation, fiscal year 2020................... +500,000
Budget request, fiscal year 2021.................. +2,000,000
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 in appropriations acts. Grants
are available for improving operations as well as addressing
safety and soundness issues.
COMMITTEE RECOMMENDATION
The Committee recommends $2,000,000 for the National Credit
Union Administration's (NCUA) CDRLF for technical assistance
grants.
Supporting Community Development Credit Unions.--Within 180
days of enactment of this Act, NCUA is directed to issue a
report to the Committee on its current efforts to support and
advance Community Development Credit Unions in low-income
communities. The report shall include, to the extent feasible,
a national list of credit unions with a low-income designation
and the assets under control of each such credit union, as well
as best practices for lending to low-income and economically
distressed communities.
Office of Government Ethics
SALARIES AND EXPENSES
Appropriation, fiscal year 2020....................... $17,500,000
Budget request, fiscal year 2021...................... 18,576,000
Recommended in the bill............................... 18,600,000
Bill compared with:
Appropriation, fiscal year 2020................... +1,100,000
Budget request, fiscal year 2021.................. +24,000
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. 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. OGE is also responsible for creating and running an
electronic financial disclosure system under the Stop Trading
on Congressional Knowledge (STOCK) Act.
COMMITTEE RECOMMENDATION
The Committee recommends $18,600,000 for the OGE.
Office of Personnel Management
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
Appropriation, fiscal year 2020....................... $299,755,000
Budget request, fiscal year 2021...................... - - -
Recommended in the bill............................... 307,255,000
Bill compared with:
Appropriation, fiscal year 2020................... +7,500,000
Budget request, fiscal year 2021.................. +307,255,000
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. 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. OPM oversees the examination of applicants
for employment; issues regulations and policies on hiring,
classification and pay, and training; and manages many other
aspects of personnel management. The agency also operates a
reimbursable training program for the Federal government's
managers and executives. In addition, OPM is responsible for
administering the retirement, health benefits, and life
insurance programs covering most Federal employees, retired
Federal employees, and their survivors.
COMMITTEE RECOMMENDATION
The Committee recommends $152,630,000 for OPM's General
Fund. The Committee also recommends $154,625,000 for
administrative expenses to be transferred from the appropriate
trust funds.
In addition, the Coronavirus Aid, Relief, and Economic
Security Act (CARES Act) (P.L. 116-136) included $12,100,000
for OPM to prevent, prepare for, and respond to coronavirus,
domestically or internationally.
OPM Re-Organization.--Section 1112 of the fiscal year 2020
National Defense Authorization Act prohibits the transfer of
OPM functions to GSA or the Executive Office of the President
until at least 180 days after a report on the findings and
recommendations of an independent report is submitted to the
appropriate Congressional Committees and any required
legislation is enacted.
In addition, the Committee reminds OPM of its obligation to
engage in prior consultation with and notify the Committee of
any reorganizations, restructurings, new programs, or
elimination of programs as described in title VI of this Act.
Federal Viewpoint Survey.--The Federal Employee Viewpoint
Survey administered by OPM is the primary means of measuring
employee satisfaction and engagement in Federal agencies. It is
important for agency leaders to receive timely survey results
so they may take appropriate action to enhance agency
performance. Currently, the Federal Employee Viewpoint Survey
is administered to employees each spring; however, since
agencies do not receive their survey data from OPM until the
fall, leaders are not able to respond or react quickly to
employee feedback. This can contribute to further
dissatisfaction amongst employees who feel that little is being
done by leaders to respond to the results of the survey. The
Committee directs OPM to report to the Committee within 90 days
of enactment of this Act on the feasibility of providing survey
results to agency leaders within four to six weeks of the
survey closing date.
In addition, the Committee is concerned that the Federal
Employee Viewpoint Survey is not readily accessible on mobile
devices for the thousands of Federal employees who do not work
on desktop computers in an office environment. The Committee
directs OPM to report to the Committee within 90 days of
enactment of this Act on the feasibility of making the Federal
Employee Viewpoint Survey available in a mobile-friendly format
for Federal employees to complete on their mobile devices.
USA Learning Knowledge Portal Services Program.--The USA
Learning Knowledge Portal Services Program supports online
education and training via a cloud-based database of tools to
help Federal agencies understand the importance of sharing
knowledge of agency missions, goals, and values across all
organizational lines. Since there has been a rapid and
significant increase in program spending, OPM is directed to
provide a report within 90 days of enactment of this Act to the
Committee on the program's expenditures by fiscal year for the
past five years, performance metrics, and procurement
procedures to ensure contracts for this program have been
awarded fairly and openly.
Backlog of Pension Benefits and Retirement Services.--The
Committee is concerned with the growing backlog of processing
and disbursement of pension benefits and the undue financial
burden these delays may cause for retiring Federal employees.
Tens of thousands of new retirees wait months to receive their
complete annuities, with some waiting more than a year, and in
the meantime they may be constrained by reduced interim
pensions. The Committee expects OPM to continue to prioritize
retirement and disability processing and to move to a fully
automated electronic filing system. Within 90 days of enactment
of this Act, OPM is directed to issue a report to the Committee
outlining the progress made during fiscal year 2020 to address
the processing backlog and to ensure retiring employees
throughout the Federal government are receiving their hard-
earned benefits in a timely manner. The Committee believes that
the backlog and delays in retirement processing are
unacceptable and directs OPM to continue to provide the
Committee with monthly reports on its progress in addressing
the backlog in claims.
The Committee is concerned with the underrepresentation of
minority- and women-owned investment banking and asset
management firms that provide financial advisory services to
all participants in the Federal Employees Retirement System. To
reflect the diversity of the nation, the Committee encourages
OPM to promote to all participants in the Federal Employees
Retirement System the utilization to the greatest extent
possible of both women- and minority-owned investment banking
and asset management firms, defined as having women or minority
ownership of at least 51 percent.
Federal Government Hiring Process.--The Committee is
concerned with the length of time it often takes the Federal
government to hire qualified employees and directs OPM to
continue to find ways to reduce barriers to Federal employment
and reduce delays in the hiring process. Rigid rules along with
long delays in the hiring and interview process discourage top
candidates from applying for or accepting Federal positions.
Specifically, the Committee encourages OPM to seek input from
hiring managers on the type of challenges they face and
improvements that could be made to make the Federal hiring
process more efficient and effective. Within 90 days of
enactment of this Act, OPM is required to report to the
Committee on a plan to reduce barriers to Federal employment,
reduce delays in the hiring process, and improve the overall
Federal recruitment and hiring process.
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 and its territories and at Hispanic
Serving Institutions and Historically Black Colleges and
Universities.
Direct Hire Authority.--The Committee is aware of the
Bureau of Prisons (BOP) request to OPM to provide direct hire
authority to BOP facilities. To ensure the safety of staff and
inmates, the Committee encourages OPM to expedite and grant
direct hire authority for BOP facilities in which ten percent
or more of the total available positions are vacant,
prioritizing facilities with the largest number of vacancies.
In addition, the Committee encourages OPM to review the GAO
open recommendation included in OPM Needs to Improve Management
and Oversight of Hiring Authorities (GAO-16-521) to determine
whether opportunities exist to refine, consolidate, eliminate,
or expand agency-specific authorities to other agencies.
Cybersecurity Recruitment in the Federal Government.--The
Committee recognizes the importance of cybersecurity education
and recruitment of cybersecurity students into the Federal
workforce. The Committee directs OPM to use all its available
tools to increase the recruitment of cybersecurity students and
that all hiring agencies using the Pathways Internship Program
make their programs available to students studying information
sciences and technology and related degrees. The Committee
strongly encourages OPM to update the definition of Science,
Technology, Engineering, and Mathematics (STEM) education to
include cybersecurity education. OPM is directed to report to
the Committee within 120 days of enactment of this Act on its
efforts to increase recruitment of cybersecurity students into
the Federal workforce using its various recruitment tools
including the Pathways Internship Program.
Hiring Guidelines.--The Committee encourages OPM to review
its policies and guidelines regarding hiring and firing of
individuals who use marijuana in States where that individual's
private use of marijuana is not prohibited under the law of the
State.These policies should reflect changes to the law on
marijuana usage and clearly state the impact of marijuana usage
on Federal employment.
Federal Employee Health Benefit Plans (FEHBP).--The
Committee recognizes the importance of medical foods, as
defined in the Orphan Drug Act (21 U.S.C. 360ee(b)(3)), which
often serve as first-line therapies to treat a number of
conditions. The Committee is concerned about the lack of
coverage of medical foods in FEHBP insurance plans. The
Committee encourages OPM to encourage FEHBP plans to explore
options for including coverage of medical foods within their
plans.
Federal Telework Programs.--The Telework Enhancement Act
mandated that OPM provide an annual report to Congress
addressing the telework programs of each Executive Branch
agency (5 U.S.C. 6506). The Committee directs OPM to include a
new section in their annual report focusing on Federal agency
telework preparedness during COVID-19, challenges, and
recommendations to better prepare Federal agencies for
government- or agency-wide telework situations. Additionally,
the Committee urges OPM to direct Federal agencies to continue
to track telework successes, compile best practices, and expand
telework programs. The Committee supports cost savings and
productivity improvements from well-managed telework programs
in the Federal workplace.
Constituent Services.--The Committee is aware of the
ongoing backlog in processing constituent service cases and
requests that OPM conduct a monthly review of this backlog.
Further, OPM should develop a strategy for reducing the
caseload and handling cases more expeditiously, including
adjusting the number of caseworkers needed to reduce the
backlog and meet service demands.
Contractor Backpay.--The Committee recognizes the hardships
experienced by contract workers and their families during
Federal government office closures. Many Federal contract
workers perform jobs that are critical to the daily operations
of the Federal government, such as food service, security, and
custodial work. The Committee encourages Federal agencies to
examine the fairness and equity of Federal government closure
policies and guidelines and their impact on contract employees.
Federal Wage System.--The Committee is concerned that some
General Schedule (GS) localities include several Federal Wage
System areas, which creates pay increase disparities for hourly
workers within a GS locality, and encourages OPM to explore
limiting the number of local wage areas defined within a
General Schedule Pay Locality to a single wage area.
Enhancing the Utility of the Fedscope Database.--The
Committee notes that Fedscope, a publicly-accessible database
maintained by OPM, is a valuable source of information about
Federal employees and agencies. Fedscope provides national-
level and state-level data about the number of Federal
employees, the agencies that employ them, and selected
characteristics of those employees. To enhance its utility to
Congress and the public, the Committee urges OPM to provide
information about the number of Federal employees employed in
each county in the United States, or the functional equivalent
in the case of U.S. states and territories that do not use the
county system. Additionally, the Committee urges OPM to provide
information about the number of Federal employees employed in
each Congressional district. Within 120 days of enactment of
this Act, OPM is directed to provide a report to the Committee
on the feasibility and expected timeline of publishing this
information.
IT Infrastructure.--The Committee remains concerned over
OPM's overall progress in improving its IT security and
infrastructure, and its continuing efforts to implement the
recommendations of the GAO and OPM Inspector General reports to
improve information security. The Committee directs OPM to
undertake a study and produce a report on how blockchain
technology can help improve its IT security and infrastructure.
The study should include, but is not limited to, an examination
of the feasibility of employing distributed ledger
technologies, such as blockchain, to do the following: tamper-
seal and verify actual users and authenticate data, without the
need for third-party authentication; employ Digital Security
Certificates that never expire; ensure an unbroken chain-of-
custody of all Federal employee personal information; provide a
clear audit trail of any transactions that include a Federal
employee's personal information and/or documents; secure
digital signatures; and eventually replace password-based
security verification with proof of identity via uniquely
identifiable methods. OPM is directed to provide this report to
the Committee within 180 days of enactment of this Act.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
Appropriation, fiscal year 2020....................... $30,265,000
Budget request, fiscal year 2021...................... - - -
Recommended in the bill............................... 31,265,000
Bill compared with:
Appropriation, fiscal year 2020................... +1,000,000
Budget request, fiscal year 2021.................. +31,265,000
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
$5,000,000 for the OIG. In addition, the recommendation
includes $26,265,000 from the appropriate trust funds.
OPM Reorganization.--The Committee is concerned with the
Administration's proposal to eliminate OPM as a standalone
agency and transfer its functions to GSA and OMB. The Committee
directs the OIG to monitor these efforts and to provide updates
to the Committee. Updates should include timelines of any
planned moves, impact on OPM funding requirements, changes in
staff levels in each functional unit, gained efficiencies, and
improved services.
Office of Special Counsel
SALARIES AND EXPENSES
Appropriation, fiscal year 2020....................... $27,500,000
Budget request, fiscal year 2021...................... 27,435,000
Recommended in the bill............................... 28,900,000
Bill compared with:
Appropriation, fiscal year 2020................... +1,400,000
Budget request, fiscal year 2021.................. +1,465,000
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 OSC may transmit whistleblower
allegations to the agency head concerned and require an agency
investigation and a report to Congress and the President when
appropriate. Additionally, OSC is responsible for the
enforcement of 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 $28,900,000 for the OSC.
Postal Regulatory Commission
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2020....................... $16,615,000
Budget request, fiscal year 2021...................... 19,200,000
Recommended in the bill............................... 18,614,000
Bill compared with:
Appropriation, fiscal year 2020................... +1,999,000
Budget request, fiscal year 2021.................. -586,000
The Postal Regulatory Commission (PRC) 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 $18,614,000 out of the Postal Fund
for the PRC.
Privacy and Civil Liberties Oversight Board
SALARIES AND EXPENSES
Appropriation, fiscal year 2020....................... $8,200,000
Budget request, fiscal year 2021...................... 8,500,000
Recommended in the bill............................... 8,500,000
Bill compared with:
Appropriation, fiscal year 2020................... +300,000
Budget request, fiscal year 2021.................. - - -
The Privacy and Civil Liberties Oversight Board (the Board)
is an independent agency within the Executive Branch whose
purpose is to (1) analyze and review actions the Executive
Branch takes to protect the nation from terrorism, ensuring
that the need for such actions is balanced with the need to
protect privacy and civil liberties; and (2) ensure that
liberty concerns are appropriately considered in the
development and implementation of laws, regulations, and
policies related to efforts to protect the nation against
terrorism. The Board consists of four part-time members and a
full-time chairman.
COMMITTEE RECOMMENDATION
The Committee recommends $8,500,000 for the Board.
Public Buildings Reform Board
SALARIES AND EXPENSES
Appropriation, fiscal year 2020....................... - - -
Budget request, fiscal year 2021...................... $3,500,000
Recommended in the bill............................... 3,500,000
Bill compared with:
Appropriation, fiscal year 2020................... +3,500,000
Budget request, fiscal year 2021.................. - - -
The Public Buildings Reform Board (Board) was created under
the Federal Assets Sale and Transfer Act of 2016 to identify
opportunities for the Government to significantly reduce its
inventory of civilian real property and reduce cost to the
Government.
COMMITTEE RECOMMENDATION
The Committee recommends $3,500,000 funds for the Board.
NARA Seattle Archives and Records Center.--The Committee is
concerned about the process the Board used to develop its
recent recommendations on disposals, including the
recommendation to dispose of property currently being used by
the NARA Federal Archives and Records Center in Seattle. The
facility's closure will have a negative impact on state
agencies, universities, researchers, scientists, tribal
members, and students in Washington, Oregon, Idaho and Alaska.
The Committee recommends the Board leverage clearer
requirements to identify the properties that would benefit from
expedited sale and redevelopment, increase transparency of the
process for stakeholders, and invite wider input before
recommendations become final. The Committee further recommends
that the Board continue to work with stakeholders associated
with the NARA Seattle facility to establish the actions
necessary to maintain ongoing access to the records currently
accessible by the public at the facility. Within 90 days of
enactment of this Act, the Board, in consultation with NARA,
shall submit a report on efforts to maintain access.
Securities and Exchange Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2020....................... $1,825,525,000
Budget request, fiscal year 2021...................... 1,926,162,000
Recommended in the bill............................... 1,951,327,000
Bill compared with:
Appropriation, fiscal year 2020................... +125,802,000
Budget request, fiscal year 2021.................. +25,165,000
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 policymakers. To facilitate this, the SEC
monitors the capital markets, ensures full disclosure of all
appropriate financial information, regulates the Nation's
securities markets, and takes action to prevent fraud and
malpractice in the securities and financial markets.
COMMITTEE RECOMMENDATION
The Committee recommends $1,920,000,000 for the salaries
and expenses of the SEC, to be fully derived from offsetting
fee collections. In addition, the Committee recommends
$18,650,000 and $12,677,000 for move, replication, and related
costs associated with replacement leases for the Commission's
Washington, D.C. headquarters and its San Francisco Regional
Office facilities, respectively, also to be fully derived from
offsetting fee collections. The Committee expects the
Commission to work closely with GSA on those replacement leases
and to keep the Committee informed of any notable developments.
The Committee remains concerned about the enforcement and
examination capabilities of the SEC and expects the Commission
to prioritize staffing for the Division of Enforcement, the
Office of Compliance Inspections and Examinations, and the
Division of Trading and Markets. The Committee's recommendation
also includes sufficient resources to ensure that the Office of
Investor Education and Advocacy and the Office of the Investor
Advocate are fully staffed.
The Committee is concerned that too many small-dollar
investors lack access to high-quality legal advice and
representation, either because they cannot afford
representation, or because their claims are too small to obtain
private counsel. There are currently 11 law school clinics
around the country focused on investor advocacy that have
played a vital role in helping to fill this gap, but the lack
of external funding makes it difficult for law schools to keep
existing clinics operating or open new clinics in underserved
locations. The Committee will closely review the report to the
Committee required by House Report 116-122, which provides
recommendations for a grant program that could assist in the
creation, development, expansion, or continuation of investor
advocacy clinics. The Committee looks forward to working with
the SEC to implement those recommendations and to empower the
SEC with grant authority to expand the availability of high-
quality, low-cost legal assistance for small claims investors.
Searchable Data.--The Committee encourages the SEC to
continue its efforts to implement consistent and searchable
open data standards for information filed and submitted by
publicly-traded companies and financial firms. The Committee
continues to recommend that financial regulatory agencies
across the U.S. Government take similar steps to update
reporting standards commensurate with currently available
technology.
Data Security.--It is critically important to both
investors and the U.S. capital markets that the SEC fortify its
cybersecurity threat detection, response, and mitigation
process. The SEC is collecting an increasing amount of market-
sensitive data and personally identifiable information,
including through Form N-PORT and the Consolidated Audit Trail
(CAT). As a repository for sensitive market data and a likely
target for those who wish to manipulate U.S. markets, the
security of the CAT system and data is paramount. The Committee
strongly supports the SEC's efforts to strengthen and protect
its information technology systems, including the CAT system
and EDGAR (the Electronic Data Gathering, Analysis, and
Retrieval system). The Committee also strongly urges the
Commission, in their oversight of the Financial Industry
Regulatory Authority, to ensure the CAT has adequate breach
notification policies in place so affected participants are
promptly notified of critical security events.
Prosecuting White Collar Criminals.--The Committee
continues to have concerns over the threats to economic growth,
financial stability, and national security posed by white-
collar crimes and directs the SEC to work with the Department
of Justice to prioritize Federal prosecution of white-collar
criminals, particularly in cases of high-dollar crimes. The
Committee looks forward to reviewing the report required by
House Report 116-122 on the SEC's recent prosecution efforts of
white-collar crimes.
SEC Mandatory Arbitration Disclosure.--The Committee is
concerned about proposals that would remove shareholder rights,
thereby immunizing companies from accountability. The Committee
believes such clauses are harmful to investors and unlawful.
The Committee therefore supports the SEC staff's decision to
provide no-action relief to companies that seek to exclude
these types of unlawful proposals from their proxy ballots.
Automatic Disqualification Provisions Waiver Reform.--The
Committee is concerned by the SEC's pattern of providing
waivers to automatic disqualification provisions for firms
(particularly large financial firms) and individuals who are
convicted, settle for fraud, or meet other triggering criteria.
The Committee urges the SEC to conduct the waiver approval
process at the Commission level, not the staff level; to create
and regularly update a public database of all waiver requests
(formal and informal) and their dispositions; and to explain in
each waiver approval how the waiver applicant will be
appropriately disincentivized from continuing the behavior in
question.
Civil versus Criminal Enforcement of Securities Laws.--
Despite the Court's clear authorization of a private right of
action for insider trading in Shapiro v. Merrill Lynch and
subsequent cases, the SEC continues to appear to be approaching
distribution plans with a very strict interpretation of
privity. The Committee looks forward to reviewing the report
required by House Report 116-122 on Commission recoveries for
injured parties as compared to private plaintiffs.
Reg A+ and Reg D Effectiveness.--The Committee remains
concerned about the implications of private and quasi-public
market growth on public markets and investors. The Committee
believes public markets offer certain valuable benefits to
investors that private and quasi-public markets do not provide,
including more robust transparency, better pricing efficiency,
more accurate valuations, deeper levels of liquidity, lower
trading costs, and stronger accountability mechanisms. The
Committee looks forward to reviewing the report required by
House Report 116-122 on performance of Reg A+ and Reg D
offerings versus other offerings.
Federal Reserve Board Coordination.--As a result of the
Dodd-Frank Act, the Federal Reserve Board (FRB) has become one
of the primary regulators of capital markets participants and
activities. Given the vital role that robust, efficient, and
safe capital markets serve in the global economy, the Committee
believes that the FRB should continue to develop its
understanding of the impact its regulations and guidance can
have on capital markets activities by consulting with other
primary regulators with deep experience and expertise in
relevant areas. Therefore, the Committee encourages the SEC to
work closely with the FRB to prevent inconsistencies in capital
markets regulations and enforcement as the role of the FRB
continues to evolve.
Rental Income Securitizations.--The Committee urges the SEC
to examine transparency and ratings requirements and procedures
in the rental income securitizations market for issues that
might contribute to financial or housing price instability.
Climate Change Risks to Municipal Bond Markets.--The
Committee directs the SEC to provide to the Committee, within
180 days of enactment of this Act, with a report on the long-
and short-term risks that climate change may pose to the state
and local municipal bond market.
International Accounting Standards.--The Committee
encourages the SEC to explore whether it is appropriate to pay
fees or otherwise contribute to the budget of international
organizations that develop or oversee accounting or financial
reporting standards.
Investor Advisory Committee.--The Committee expects that
the SEC shall not take any action related to the structure and
composition of the Investor Advisory Committee (IAC) without
seeking the advice of and addressing any concerns raised by the
Investor Advocate. The Committee also expects that the IAC
shall have robust representation from persons with the
requisite background, experience, and independence to represent
the interests of retail investors. The Committee presumes that
representatives of retail investors will have demonstrated
requisite experience to understand the interests of retail
investors and regulatory issues related to retail investors
such as experience as an academic, regulator, employee of
public pension plan, investor advocate, or other similar
experience.
Small Business Brokers.--The Committee supports policies
reflected in H.R. 609, the Small Business Mergers,
Acquisitions, Sales, and Brokerage Simplification Act, which
unanimously passed the House in the 115th Congress. The
Committee encourages the SEC to, where feasible, exempt merger
and acquisition advisors, intermediaries, and business brokers
from Federal registration as broker-dealers when brokering the
purchase or sale of certain privately-owned small businesses,
consistent with the SEC's 2014 no-action letter and the
provisions of H.R. 609.
Regulation Crowdfunding.--The Committee encourages the SEC
to continue its efforts to reform Regulation Crowdfunding in
line with H.R. 4860, the Crowdfunding Amendments Act, which
passed the House by voice vote on October 28, 2019. These
efforts are critical in providing small businesses with the
opportunity to raise capital, create jobs in our local
communities, and develop innovative products and services. This
will encourage job growth and a robust economic recovery and
empower small businesses to access more capital at a time, in
light of the corona virus pandemic, when they need it most.
Registered Index Linked Annuities.--The Committee is
concerned that the current registration process for registered
index linked annuities (RILAs) is cumbersome and requires
significant information not needed for other registered
insurance products. The Committee encourages the SEC to create
a tailored filing form for RILAs.
Digital Asset Framework.--The Committee directs the SEC to
provide a briefing, within 90 days of enactment of this Act, on
steps the agency is taking to update its existing framework for
determining whether a digital asset is a security under
relevant Federal securities laws.
ADMINISTRATIVE PROVISIONS--SECURITIES AND EXCHANGE COMMISSION
Section 540. The Committee includes a new provision
restricting the use of funds to finalize, issue, or implement
certain rules, regulations, and orders regarding the exempt
offering framework.
Section 541. The Committee includes a new provision
restricting the use of funds to finalize, issue, or implement
any rule, regulation, or order changing the procedural
requirements or raising resubmission thresholds for shareholder
proposals.
Selective Service System
SALARIES AND EXPENSES
Appropriation, fiscal year 2020....................... $27,100,000
Budget request, fiscal year 2021...................... 26,000,000
Recommended in the bill............................... 27,800,000
Bill compared with:
Appropriation, fiscal year 2020................... +700,000
Budget request, fiscal year 2021.................. +1,800,000
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 $27,800,000 for the Selective
Service System.
Small Business Administration
The Small Business Administration assists and protects the
interests of small businesses through programs including loans,
loan guarantees, counseling, and contracting preferences.
The recommendation provides a total of $939,373,000 for
SBA.
In addition, the Coronavirus Preparedness and Response
Supplemental Appropriations Act (P.L. 116-123) included
$20,000,000; the Coronavirus Aid, Relief, and Economic Security
Act (CARES Act) (P.L. 116-136) included $28,527,000,000; and
the Paycheck Protection Program and Healthcare Enhancement Act
(P.L. 116-139) included $732,435,000,000 for SBA to prevent,
prepare for, and respond to coronavirus, domestically or
internationally.
SALARIES AND EXPENSES
Appropriation, fiscal year 2020....................... $270,157,000
Budget request, fiscal year 2021...................... 287,947,000
Recommended in the bill............................... 287,947,000
Bill compared with:
Appropriation, fiscal year 2020................... +17,790,000
Budget request, fiscal year 2021.................. - - -
COMMITTEE RECOMMENDATION
The Committee recommends $287,947,000 for SBA Salaries and
Expenses.
In addition, the Coronavirus Aid, Relief, and Economic
Security Act (CARES Act) (P.L. 116-136) included $675,000,000
and the Paycheck Protection Program and Healthcare Enhancement
Act (P.L. 116-139) included $2,100,000,000 for SBA to prevent,
prepare for, and respond to coronavirus, domestically or
internationally.
Office of Rural Affairs.--The SBA Office of Rural Affairs
was authorized in 1990 to help SBA serve farmers and rural
small businesses, but the office has never been fully
established. The Committee is pleased that SBA has at last
taken steps to implement this long-overdue Congressional
mandate, but the mission, operations, organization, and funding
requirements for the Office have not been clearly defined or
explained. Within 60 days of enactment of this Act, SBA is
directed to submit a report to the Committee on the Office of
Rural Affairs, detailing the Office's mission, strategic plan,
and staffing and resource requirements, including the costs and
potential benefits of establishing an Associate Administrator
position for the Office.
Small Business Compliance Guides.--The Committee encourages
the SBA Office of the National Ombudsman to create a
centralized website that provides links to small business
compliance guides designed to help small businesses comply with
Federal regulations. The website should include contact
information for the appropriate agency staff who could provide
regulatory assistance to small businesses.
Women Entrepreneurs and Women-Owned Businesses.--The
Committee recognizes that women entrepreneurs are vital for the
social and economic growth of our nation. SBA is directed to
submit a report within 90 days of enactment of this Act on how
Federal agencies are providing targeted assistance to support,
expand, and strengthen resources and programs for women
entrepreneurs and for women-owned businesses.
Opportunity Zones.--The Committee notes that Qualified
Opportunity Zones were created to incentivize greater private-
sector investments in rural and economically distressed
communities. SBA is directed to brief the Committee within 90
days of enactment of this Act on how Opportunity Zone
designations are being leveraged to increase economic
development and job creation, and to drive capital to small
businesses in economically distressed communities.
ENTREPRENEURIAL DEVELOPMENT PROGRAMS
Appropriation, fiscal year 2020....................... $261,000,000
Budget request, fiscal year 2021...................... 167,600,000
Recommended in the bill............................... 277,000,000
Bill compared with:
Appropriation, fiscal year 2020................... +16,000,000
Budget request, fiscal year 2021.................. +109,400,000
SBA's Entrepreneurial Development Programs (EDP) support
non-credit business assistance to entrepreneurs. The
appropriation includes funding for a network of resource
partners located throughout the United States that provide
training, counseling, and technical assistance to small
business entrepreneurs.
COMMITTEE RECOMMENDATION
The Committee recommends $277,000,000 for EDP. The
Committee recommendations, by program, are displayed in the
following table:
------------------------------------------------------------------------
------------------------------------------------------------------------
7(j) Technical Assistance Program (Contracting $2,800,000
Assistance)..........................................
Entrepreneurship Education............................ 2,500,000
Growth Accelerators................................... 2,000,000
HUBZone Program....................................... 3,000,000
Microloan Technical Assistance........................ 35,000,000
National Women's Business Council..................... 1,500,000
Native American Outreach.............................. 2,000,000
PRIME Technical Assistance............................ 7,000,000
Regional Innovation Clusters.......................... 6,000,000
SCORE................................................. 11,700,000
Small Business Development Centers (SBDC)............. 140,000,000
State Trade & Export Promotion (STEP)................. 20,500,000
Veterans Outreach*.................................... 14,500,000
Women's Business Centers (WBC)........................ 24,500,000
Federal and State Technology (FAST) Partnership 4,000,000
Program..............................................
-----------------
Total, Entrepreneurial Development Programs....... $277,000,000
------------------------------------------------------------------------
*Veterans Outreach includes funding for: Boots to Business, Veterans
Business Outreach Centers (VBOC), Veteran Women Igniting the Spirit of
Entrepreneurship (V-Wise), Entrepreneurship Bootcamp for Veterans with
Disabilities (EBV), and Boots to Business reboot.
In addition, the Coronavirus Aid, Relief, and Economic
Security Act (CARES Act) (P.L. 116-136) included $265,000,000
for SBA resource partners to prevent, prepare for, and respond
to coronavirus, domestically or internationally.
SBA shall not reduce these non-credit programs from the
amounts specified above and SBA shall not merge any of the non-
credit programs without advance written approval from the
Committee. The Committee strongly supports the development
programs listed in the table above and will carefully monitor
SBA support of these programs.
The Committee encourages SBA and its resource partners to
continue efforts to increase outreach and direct support to
women entrepreneurs and small businesses in underserved
communities, including Asian American and Pacific Islander
communities, and to increase engagement with minority serving
institutions in their programming and grant making.
Native American Outreach.--The Committee directs that
Native American Outreach activities continue to be managed by
the Assistant Administrator of the Office of Native American
Affairs, who is responsible for organizing multi-agency
workshops and Native supplier initiative events around the
country, and facilitating Native contractors' participation in
SBA's 8(a) Business Development Program, HUB Zone, Women's
Business Centers, Veteran and Service-Disabled Veteran-Owned
Small Business programs, and other small business contracting
programs.
Small Business Guides.--The Committee encourages SBA to
work with its resource partners to develop guidance, training,
best practices, and other resources for small business owners
and entrepreneurs regarding business succession planning; the
development and implementation of high-quality paid family and
medical leave policies; starting a childcare business; and
employee-ownership, including different business structures
such as cooperatives and employee stock ownership plans.
Resources for Small Businesses and Entrepreneurs.--The
Committee is concerned that many entrepreneurs and small
business owners may not be aware of the free counseling,
training, and other services provided by SBA district offices
and its resource partners. The Committee encourages SBA and its
resource partners to improve awareness of the programs,
products, and services they provide, including those activities
to support small businesses impacted by the COVID-19 pandemic,
among small business owners within the communities they serve.
Women's Business Centers (WBC) in Insular Areas.--The
Committee notes the absence of WBCs serving many of the U.S.
territories and other U.S. insular areas, and recommends that
SBA consider including these areas in WBC services.
Federal and State Technology (FAST) Partnership Program.--
The Committee supports the FAST program's efforts to reach
innovative, technology-driven small businesses and to leverage
the Small Business Innovation Research (SBIR) and Small
Business Technology Transfer (STTR) programs to stimulate
economic development. The Committee recognizes that Small
Business and Technology Development Centers (SBTDCs) are
accredited to provide intellectual property and technology
commercialization assistance to businesses in high technology
industries. Of the amount provided, $1,000,000 shall be for
FAST awards to SBTDCs fully accredited for technology
designation as of December 31, 2020.
OFFICE OF INSPECTOR GENERAL
Appropriation, fiscal year 2020....................... $21,900,000
Budget request, fiscal year 2021...................... 22,011,000
Recommended in the bill............................... 22,011,000
Bill compared with:
Appropriation, fiscal year 2020................... - - -
Budget request, fiscal year 2021.................. +111,000
The mission of the Office of Inspector General (OIG) is to
provide independent, objective oversight to improve the
integrity, accountability, and performance of SBA and its
programs.
COMMITTEE RECOMMENDATION
The Committee recommends $22,011,000 for the SBA OIG.
In addition, the Coronavirus Aid, Relief, and Economic
Security Act (CARES Act) (P.L. 116-136) included $25,000,000
for SBA OIG to prevent, prepare for, and respond to
coronavirus, domestically or internationally.
OFFICE OF ADVOCACY
Appropriation, fiscal year 2020....................... $9,120,000
Budget request, fiscal year 2021...................... 9,190,000
Recommended in the bill............................... 9,190,000
Bill compared with:
Appropriation, fiscal year 2020................... +70,000
Budget request, fiscal year 2021.................. - - -
The Office of Advocacy was established by Congress in 1976
to serve as the independent voice for small business within the
Federal government.
COMMITTEE RECOMMENDATION
The Committee recommends $9,190,000 for the Office of
Advocacy.
BUSINESS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2020....................... $259,150,000
Budget request, fiscal year 2021...................... 164,300,000
Recommended in the bill............................... 175,150,000
Bill compared with:
Appropriation, fiscal year 2020................... -84,000,000
Budget request, fiscal year 2021.................. +10,850,000
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 at a
level of $30,000,000,000, the 504 certified development company
program at a level of $7,500,000,000, SBIC debentures, and the
Secondary Market Guarantee Program.
COMMITTEE RECOMMENDATION
The Committee recommends a total of $175,150,000 for the
Business Loans Program Account. The recommendation includes
$15,000,000 for guaranteed loans subsidy for the 7(a) program.
The recommendation also includes $5,000,000 for loans subsidy
for the Microloan Program, an increase of $1,000,000 above the
request, to support a Microloan Program level of more than
$55,000,000.
In addition, the Coronavirus Aid, Relief, and Economic
Security Act (CARES Act) (P.L. 116-136) included
$17,000,000,000 and the Paycheck Protection Program and
Healthcare Enhancement Act (P.L. 116-139) included
$670,335,000,000 to prevent, prepare for, and respond to
coronavirus, domestically or internationally.
Microloan Program.--The Microloan Program is designed to
assist women, veterans, minorities, and low-income
entrepreneurs and other small businesses by providing them with
small-scale loans for working capital or the acquisition of
materials, supplies, or equipment. While the Committee
understands that SBA tracks the number of women, low-income,
veteran, and minority entrepreneurs served by the Microloan
Program, the Agency does not report performance indicators for
providing microloans to these populations. The Committee,
therefore, encourages the SBA to follow recommendations
provided in the GAO Report (GAO-20-49) in order to strengthen
performance measurement, collaboration, and reporting within
the Microloan Program.
Employee-Owned Businesses.--The Committee recognizes that
employee ownership provides wide-ranging benefits for
businesses, workers, and the local economy, and encourages SBA
to work with lenders to ensure employee-owned businesses have
access to financing through SBA loan programs.
DISASTER LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2020....................... $177,136,000
Budget request, fiscal year 2021...................... 168,075,000
Recommended in the bill............................... 168,075,000
Bill compared with:
Appropriation, fiscal year 2020................... -9,061,000
Budget request, fiscal year 2021.................. - - -
COMMITTEE RECOMMENDATION
The Committee recommends a total of $168,075,000 for the
administrative expenses of the Disaster Loans Program, of which
$142,864,000 is designated as being for disaster relief for
major disasters pursuant to section 251(b)(2)(D) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
In addition, the Coronavirus Preparedness and Response
Supplemental Appropriations Act (P.L. 116-123) included
$20,000,000; the Coronavirus Aid, Relief, and Economic Security
Act (CARES Act) (P.L. 116-136) included $10,562,000,000; and
the Paycheck Protection Program and Healthcare Enhancement Act
(P.L. 116-139) included $60,000,000,000 for SBA to prevent,
prepare for, and respond to coronavirus, domestically or
internationally.
ADMINISTRATIVE PROVISIONS--SMALL BUSINESS ADMINISTRATION
(INCLUDING TRANSFERS OF FUNDS)
Section 550. The Committee continues a provision
authorizing transfers of up to five percent among SBA
appropriations, provided that transfers do not increase an
appropriation by more than 10 percent. The provision also
requires that transfers be treated as a reprogramming of funds.
Section 551. The Committee continues a provision
authorizing the transfer of not to exceed 3 percent of funding
available under the SBA ``Salaries and Expenses'' and
``Business Loans Program Account'' appropriations to the SBA
``Information Technology System Modernization and Working
Capital Fund''.
Section 552. The Committee includes a new provision
withholding $20,000,000 from obligation until the Administrator
certifies and reports to the Committees that the Small Business
Administration, in coordination with the Comptroller General,
has established and issued agency-wide guidance with the
respect to relations with GAO.
United States Postal Service
PAYMENT TO THE POSTAL SERVICE FUND
Appropriation, fiscal year 2020....................... $56,711,000
Budget request, fiscal year 2021...................... 55,333,000
Recommended in the bill............................... 55,333,000
Bill compared with:
Appropriation, fiscal year 2020................... -1,378,000
Budget request, fiscal year 2021.................. - - -
The United States Postal Service (USPS) is funded almost
entirely by Postal ratepayers, rather than taxpayers. Funds
provided to USPS in the Payment to the Postal Service Fund
include appropriations for revenue forgone, including for
providing free mail for the blind and for overseas absentee
voting.
COMMITTEE RECOMMENDATION
The Committee recommends $55,333,000 for Payment to the
Postal Service Fund. The recommendation funds free mail for the
blind and overseas voting and includes a reconciliation
adjustment.
Multinational Species Conservation Fund Semipostal Stamp.--
The bill includes a provision requiring USPS not to destroy,
and to continue to offer for sale, existing copies of the
Multinational Species Conservation Fund Semipostal Stamp.
Alzheimer's Semipostal Fundraising Stamp.--The Committee
notes its strong support for the Alzheimer's Semipostal
Fundraising Stamp, of which millions of copies of the original
printing remain. USPS is directed to continue to offer the
stamp for sale to the public, in addition to any other
semipostal stamps the Postal Service may issue under its rules
and regulations. USPS is further directed not to destroy any
copies of the stamp.
Rural Post Offices.--The Committee believes that the United
States postal facility network is an asset of significant
value. The closure of post offices in rural communities creates
an economic burden for people in the United States that depend
on USPS for communication and package services. In addition to
typical postal services, post offices are part of the identity
of rural communities and provide a significant social value.
The Committee recommends that no funds be used to consolidate
or close small rural and other small post offices. The Postal
Service shall take into consideration the importance of
providing consistent and on-time delivery to all Americans,
including those in rural and mountainous areas.
Notification to Congress.--Title 39 of the U.S. Code
requires USPS to provide the public with notice prior to
closing or consolidating a post office. The Committee
understands that it is USPS's policy to inform Member of
Congress' district and Washington, D.C. offices when the public
receives notice. The Committee directs USPS to keep Members of
Congress informed of USPS activities impacting their
constituents and expects USPS to ensure that Members of
Congress are appropriately informed simultaneously or prior to
all public notices.
Accessibility for Disabled Individuals.--The Committee
notes that under the Architectural Barriers Act, USPS is
required to meet accessibility requirements for disabled
individuals.
Mail Theft.--The Committee recognizes that mail theft from
aging USPS cluster box units continues to be a problem
throughout the country. Accordingly, the Committee directs the
USPS to continue to follow the directive on this issue included
House Report 116-122.
Delivery Vehicle Climate Control.--The Committee recognizes
that heat stress is a persistent issue for USPS vehicle
operators. As USPS replaces or upgrades its fleet of delivery
vehicles, the Committee strongly encourages USPS to take all
reasonable steps to ensure that its vehicles are equipped with
climate control units to protect the health and safety of its
mail carriers, especially those working in areas of the country
that are subject to extreme temperatures.
Mail Interdiction of Heroin & Opioids.--The Committee
remains concerned that international drug traffickers are
harnessing vulnerabilities in our mail system to import
significant quantities of deadly narcotics. The Committee is
encouraged that USPS is pursuing innovative tools and
technologies to detect opioids in parcels and that it has
increased the capture of Customs and Border Protection hold
requests at International Service Centers to 93 percent. The
Committee expects USPS to reach 100 percent capture rates and
to continue seeking and implementing new tools to increase
accurate detection of opioids and related substances.
Postal Banking Pilot Programs.--The Committee recognizes
that USPS is well-suited to provide affordable non-bank
financial services, which could provide critical benefits to
tens of millions of unbanked and underbanked Americans living
in both rural and urban areas. The Committee notes, for
instance, that USPS is the largest single provider of paper
money orders in the United States, in addition to offering
electronic funds transfers and U.S. Treasury check cashing. The
Committee encourages USPS to carry out pilot programs (in at
least one urban zip code and at least one rural zip code) to
expand its current postal banking services to surcharge-free
automated teller machines, wire transfers, check cashing, and
bill payment to the fullest extent permitted under current
statutory authority, as described in the 2015 USPS Office of
the Inspector General (OIG) Report ``The Road Ahead for Postal
Financial Services'' (RARC-WP-15-011). The Committee directs
USPS, in collaboration with the USPS OIG, to report to the
Committee within one year of the enactment of this Act
regarding its findings.
Postal Security.--The Committee is aware that during
October and November 2018 an individual mailed a series of
packages containing improvised explosive devices to elected
officials and others. Those packages were processed in USPS
facilities; five of the sixteen packages were either delivered
or returned to sender, putting numerous individuals in harm's
way, including package recipients, mail carriers, and workers
at post offices and mail processing centers. This incident
exposed serious holes in postal system security. USPS is
directed to provide the Committee with a report within 60 days
of enactment of this Act that provides a comprehensive overview
of Dangerous Mail Investigation procedures. The report shall
detail any new technology or procedures implemented since the
2018 attacks, progress made on implementing such technology or
procedures in USPS facilities, and other proactive measures
being taken to ensure the safety of USPS workers and mail
recipients from dangerous packages.
Accurate Address Listing.--The Committee directs USPS to
conduct an internal review of instances in which assigned zip
codes overlap multiple municipal jurisdictions, resulting in
end user mailing/address information with incorrect city
listings. Recognizing the importance of last-line city
designations to reliable mail delivery, the Committee directs
USPS to provide a detailed report of its findings within 120
days of enactment of this Act, including options to ensure
proper city designation in the future.
Mail Fishing.--The Committee recognizes that ``mail
fishing,'' in which thieves ``fish'' mail out of blue
collection boxes, is increasing and has led to financial crimes
such as bank fraud and identity theft. The Committee commends
USPS for taking action to mitigate mail fishing by retrofitting
mail collection boxes. The Committee directs USPS to report to
the Committee, no later than 180 days after the enactment of
this Act, on the status of its retrofitting efforts. The report
shall detail where, how, and why such retrofits have been made.
In addition, the report shall include a strategic plan for
retrofitting additional mail collection boxes with narrow mail
slots and an estimate of the resources necessary if such a plan
was carried out in the entire U.S.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2020....................... $250,000,000
Budget request, fiscal year 2021...................... 261,594,000
Recommended in the bill............................... 258,180,000
Bill compared with:
Appropriation, fiscal year 2020................... +8,180,000
Budget request, fiscal year 2021.................. -3,414,000
The USPS Office of Inspector General (OIG) conducts audits,
reviews, and investigations and keeps Congress informed on the
efficiency and economy of USPS programs and operations.
COMMITTEE RECOMMENDATION
The Committee recommends $258,180,000 for the OIG, which
includes sufficient funds for the OIG to continue its
aggressive drug interdiction efforts.
United States Tax Court
SALARIES AND EXPENSES
Appropriation, fiscal year 2020....................... $53,000,000
Budget request, fiscal year 2021...................... 59,250,000
Recommended in the bill............................... 57,026,000
Bill compared with:
Appropriation, fiscal year 2020................... +4,026,000
Budget request, fiscal year 2021.................. -2,224,000
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 $57,026,000 for the U.S. Tax
Court.
TITLE VI--GENERAL PROVISIONS--THIS ACT
(INCLUDING RESCISSION OF FUNDS)
Section 601. The Committee continues a provision
prohibiting pay and other expenses for non-Federal parties in
regulatory or adjudicatory proceedings funded in this Act.
Section 602. The Committee continues a provision
prohibiting obligations beyond the current fiscal year and
prohibits transfers of funds unless expressly so provided
herein.
Section 603. The Committee continues a 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 a provision
prohibiting transfer of funds in this Act without express
authority.
Section 605. The Committee continues a 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 a provision concerning
compliance with the Buy American Act.
Section 607. The Committee continues a provision
prohibiting the use of funds by any person or entity convicted
of violating the Buy American Act.
Section 608. The Committee continues a provision specifying
reprogramming procedures. The provision requires that agencies
or entities funded by this Act 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 the Committee on Appropriations of either the House
of Representatives or the Senate for a different purpose; (5)
augments existing programs, projects, or activities in excess
of $5,000,000 or 10 percent, whichever is less; (6) reduces
existing programs, projects, or activities by $5,000,000 or 10
percent, whichever is less; or (7) creates or reorganizes
offices, programs, or activities different from the budget
justifications submitted to the Committees on Appropriations or
the tables in the report accompanying this Act, whichever is
more detailed. The provision also direct agencies to consult
with the Committees prior to any significant reorganization,
restructuring, relocation, or closing of offices, programs, or
activities and 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 a provision providing
that fifty percent of unobligated balances may remain available
through September 30, 2022, for certain purposes.
Section 610. The Committee continues a provision
prohibiting funding for the Executive Office of the President
to request either a Federal Bureau of Investigation background
investigation or Internal Revenue Service determination with
respect to section 501(a) of the Internal Revenue Code of 1986,
except with the express consent of the individual involved in
an investigation or in extraordinary circumstances involving
national security.
Section 611. The Committee continues a provision regarding
cost accounting standards for contracts under the Federal
Employee Health Benefits Program.
Section 612. The Committee continues a provision regarding
non-foreign area cost-of-living allowances.
Section 613. The Committee continues a provision
prohibiting the expenditure of funds for abortion under the
Federal Employees Health Benefits Program.
Section 614. The Committee continues a provision making
exceptions to the preceding provision 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 a provision 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. The Committee continues a 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 a provision permitting
the SEC and Commodities Futures Trading Commission to fund a
joint advisory committee to advise on emerging regulatory
issues, notwithstanding section 708 of this Act.
Section 618. The Committee continues a provision requiring
certain agencies in this Act to consult with GSA before seeking
new office space or making alterations to existing office
space.
Section 619. The Committee continues language providing for
several appropriated mandatory accounts. These are accounts
where authorizing language requires the payment of funds. The
Congressional Budget Office estimates the cost for the
following programs addressed in this provision: $450,000 for
Compensation of the President including $50,000 for expenses;
$262,000,000 for the Judicial Retirement Funds (Judicial
Officers' Retirement Fund, Judicial Survivors' Annuities Fund,
and the United States Court of Federal Claims Judges'
Retirement Fund); $14,325,000,000 for the Government Payment
for Annuitants, Employee Health Benefits; $44,000,000 for the
Government Payment for Annuitants, Employee Life Insurance; and
$7,758,000,000 for the Payment to the Civil Service Retirement
and Disability Fund.
Section 620. The Committee continues a provision
prohibiting funds for the Federal Trade Commission to complete
or publish the study, recommendations, or report prepared by
the Interagency Working Group on Food Marketed to Children.
Section 621. The Committee includes language requiring that
the head of any executive branch agency ensure that the Chief
Information Officer has authority to participate in the budget
planning process and approval of the information technology
budget.
Section 622. The Committee continues a provision
prohibiting funds in contravention of the Federal Records Act.
Section 623. The Committee includes language prohibiting
agencies from requiring Internet Service Providers to disclose
electronic communications information in a manner that violates
the Fourth Amendment.
Section 624. The Committee continues language relating to
Universal Service Fund payments for wireless providers.
Section 625. The Committee includes language prohibiting
funds to be used to deny Inspectors General access to records.
Section 626. The Committee continues a provision
prohibiting any funds made available in this Act from being
used to establish a computer network unless such network blocks
the viewing, downloading, and exchanging of pornography.
Section 627. The Committee continues language prohibiting
any funds made available in this Act from being used to pay for
award or incentive fees for contractors with below satisfactory
performance.
Section 628. The Committee continues language prohibiting
funds made available under this Act from being used for certain
travel and conference activities unless an agency or entity
determines that the travel is in the national interest and
advance notice is provided to the Appropriations Committees.
Section 629. The Committee continues language prohibiting
funds made available under this Act from being used to fund
first-class or business-class travel in contravention of
Federal regulations.
Section 630. The Committee continues a provision relating
to contracts for public relations services.
Section 631. The Committee includes a new provision
prohibiting funds made available in this Act from being used to
penalize a financial institution for providing financial
services to an entity that participates in a business or
organized activity involving cannabis that is conducted
pursuant to a law established by a state or a unit of local
government.
Section 632. The Committee includes a new provision
prohibiting use of funds in this or any other Act to propose,
promulgate, or implement any rule, principle, policy, standard,
or guidance changing the 2017 methodology for determining the
Official Poverty Measure.
Section 633. The Committee includes language rescinding
$250,000,000 in unobligated balances from the Department of the
Treasury, Treasury Forfeiture Fund.
Section 634. The Committee includes a new provision
preventing use of funds to enter into any contract, grant, or
cooperative agreement with any entity in which the President or
Vice President, or their family members, owns, controls, or
holds a significant equity interest.
Section 635. The Committee includes a new provision
prohibiting the funds made available in this Act from being
used to reorganize or transfer any Office of Personnel
Management function or authority to the General Services
Administration or to the Office of Management and Budget.
Section 636. The Committee includes a new provision
prohibiting the Office of Personnel Management from entering
into interagency or service-level agreements with the General
Services Administration or the Office of Management and Budget
exceeding $100,000 unless notification is provided.
Section 637. The Committee includes a new provision
prohibiting the Federal Trade Commission or Federal
Communications Commission from taking certain actions related
to Executive Order 13925 of May 28, 2020 (85 Fed. Reg. 34079).
TITLE VII--GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(INCLUDING TRANSFER OF FUNDS)
Section 701. The Committee continues a 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 a 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 a provision allowing
funds made available to agencies for travel to also be used for
quarters allowances and cost-of-living allowances.
Section 704. The Committee continues and modifies a
provision prohibiting the employment of noncitizens with
certain exceptions, including an exemption for recipients of
Deferred Action for Childhood Arrivals.
Section 705. The Committee continues a provision giving
agencies the authority to pay GSA bills for space renovation
and other services.
Section 706. The Committee continues a 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 a 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 a provision
prohibiting interagency financing of groups absent prior
statutory approval.
Section 709. The Committee continues a 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 a provision limiting
the amount of funds that can be used for redecoration of
offices under certain circumstances.
Section 711. The Committee continues a provision to allow
for interagency funding of national security and emergency
telecommunications initiatives.
Section 712. The Committee continues a 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 a provision
prohibiting the payment of any employee who prohibits,
threatens, or prevents another employee from communicating with
Congress.
Section 714. The Committee continues a provision
prohibiting Federal training not directly related to the
performance of official duties.
Section 715. The Committee continues a 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 716. The Committee continues a provision
prohibiting any Federal agency from disclosing an employee's
home address to any labor organization, absent employee
authorization or court order.
Section 717. The Committee continues a provision
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 718. The Committee continues a provision
prohibiting the use of funds for propaganda and publicity
purposes not authorized by Congress.
Section 719. The Committee continues a provision directing
agency employees to use official time in an honest effort to
perform official duties.
Section 720. The Committee continues a provision
authorizing the use of funds to finance an appropriate share of
the Federal Accounting Standards Advisory Board.
Section 721. The Committee continues a provision
authorizing the transfer of funds to GSA to finance an
appropriate share of various government-wide boards and
councils and for Federal government Priority Goals under
certain conditions.
Section 722. The Committee continues a provision that
permits breastfeeding in a Federal building or on Federal
property if the woman and child are authorized to be there.
Section 723. The Committee continues a 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.
Section 724. The Committee continues a provision requiring
documents involving the distribution of Federal funds to
indicate the agency providing the funds and the amount
provided.
Section 725. The Committee continues a 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 726. The Committee continues a provision requiring
health plans participating in the Federal Employees Health
Benefits Program to provide contraceptive coverage and provides
exemptions to certain religious plans.
Section 727. The Committee continues language supporting
strict adherence to anti-doping activities.
Section 728. 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 729. The Committee continues a provision
prohibiting funds for the implementation of OPM regulations
limiting detailees to the legislative branch and placing
certain limitations on the Coast Guard Congressional Fellowship
program.
Section 730. The Committee continues a provision that
restricts the use of funds for Federal law enforcement training
facilities.
Section 731. The Committee continues a 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 such news story that the prepackaged news
story was prepared or funded by that executive branch agency.
This provision confirms GAO opinion dated February 17, 2005 (B-
304272).
Section 732. The Committee continues a 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 733. The Committee continues a provision
prohibiting funds from being used for any Federal government
contract with any foreign incorporated entity which is treated
as an inverted domestic corporation.
Section 734. The Committee continues a provision requiring
agencies to pay a fee to OPM for processing retirement of
employees who separate under Voluntary Early Retirement
Authority or who receive Voluntary Separation Incentive
payments.
Section 735. The Committee continues a provision
prohibiting funds for the painting of a portrait of an employee
of the Federal government, including the President, the Vice
President, a Member of Congress, the head of an executive
branch agency, or the head of an office of the legislative
branch.
Section 736. The Committee continues a provision limiting
the pay increases of certain prevailing rate employees.
Section 737. The Committee continues a provision requiring
agencies to submit reports to Inspectors General concerning
expenditures for agency conferences.
Section 738. The Committee continues a provision
prohibiting funds to be used to increase, eliminate, or reduce
funding for a program or project unless such change is made
pursuant to reprogramming or transfer provisions.
Section 739. The Committee continues a provision
prohibiting agencies from using funds to implement regulations
changing the competitive areas under reductions-in-force for
Federal employees.
Section 740. The Committee continues a provision that
prohibits the use of funds to begin or announce a study or a
public-private competition regarding the conversion to
contractor performance of any function performed by civilian
Federal employees pursuant to OMB Circular A-76 or any other
administrative regulation, directive, or policy.
Section 741. The Committee continues a provision ensuring
contractors are not prevented from reporting waste, fraud, or
abuse by signing confidentiality agreements that would prohibit
such disclosure.
Section 742. The Committee continues a provision
prohibiting the expenditure of funds for the implementation of
certain nondisclosure agreements unless certain provisions are
included in the agreements.
Section 743. The Committee continues a provision
prohibiting the use of funds to enter into any agreement with
any corporation with certain unpaid Federal tax liabilities
unless an agency has considered suspension or debarment of the
corporation and made a determination that further action is not
necessary to protect the interests of the government.
Section 744. The Committee continues a provision
prohibiting the use of funds to enter into any agreement with
any corporation that was convicted of a felony criminal
violation within the preceding 24 months unless an agency has
considered suspension or debarment of the corporation and made
a determination that further action is not necessary to protect
the interests of the government.
Section 745. The Committee continues a provision requiring
the Bureau of Consumer Financial Protection to notify the
Committees on Appropriations of the House and the Senate, the
Committee on Financial Services of the House, and the Committee
on Banking, Housing, and Urban Affairs of the Senate of
requests for a transfer of funds from the Board of Governors of
the Federal Reserve System as well as post any such
notifications on the Bureau's website.
Section 746. The Committee continues a provision addressing
possible technical scorekeeping differences for fiscal year
2021 between OMB and the Congressional Budget Office.
Section 747. The Committee continues a provision
eliminating the automatic statutory pay increase for the Vice
President and certain senior political appointees.
Section 748. The Committee includes a new provision related
to impoundment of resources.
Section 749. The Committee includes a new provision
requiring executive branch agencies to respond to GAO's written
requests for information relating to a decision or opinion on
budget or appropriations law not later than 20 days after the
agency receives the request.
Section 750. The Committee includes a new provision
requiring that any executive branch agency notify the Committee
if OMB does not apportion an appropriation to such agency in a
timely and appropriate manner.
Section 751. The Committee includes a new provision
addressing collective bargaining agreements.
Section 752. The Committee includes a new provision that
prohibits the use of funds to exclude, or to implement the
exclusion of, any department, agency, or activity or
subdivision, from coverage under the Federal Service Labor-
Management Relations Statute.
Section 753. The Committee includes a new provision
restricting funds from being used to prevent union activities,
limit teleworking, or deny unions space in Federal buildings.
Section 754. The Committee includes a new provision that
provides $1,500,000 to establish a Commission to review the
assigning, modifying, or removing of names, monuments, statues,
public art, historical markers, or other symbols owned or
located on property owned by the Federal Government which are
inconsistent with the values of diversity, equity, and
inclusion.
Section 755. The Committee continues a provision concerning
the non-application of these general provisions to title IV and
to title VIII.
TITLE VIII--GENERAL PROVISIONS--DISTRICT OF COLUMBIA
Section 801. The Committee continues and modifies a
provision establishing reprogramming procedures for Federal
funds.
Section 802. The Committee continues and modifies a
provision that prohibits the use of Federal funds for any
abortion except in the cases of rape or incest or if necessary
to save the life of the mother.
Section 803. The Committee continues a provision
prohibiting the obligation of Federal funds beyond the current
fiscal year and transfers of funds unless expressly provided
herein.
Section 804. The Committee continues a provision providing
that not to exceed 50 percent of unobligated balances from
Federal appropriations for salaries and expenses may remain
available for certain purposes.
Section 805. The Committee continues a provision
appropriating local funds during fiscal year 2022 if there is
an absence of a continuing resolution or regular appropriation
for the District of Columbia. Funds are provided under the same
authorities and conditions and in the same manner and extent as
provided for in fiscal year 2021.
Section 806. The Committee modifies a provision limiting
access to the D.C. Tuition Assistance Grant program to families
with a taxable annual income of less than $750,000 subject to
inflation as measured by the Consumer Price Index.
Section 807. The Committee continues a provision that
concerns a ``conscience clause'' on legislation that pertains
to contraceptive coverage by health insurance plans.
Section 808. The Committee provides the District of
Columbia authority to transfer, receive, and acquire lands and
funding it deems necessary for the construction and operation
of interstate bridges over navigable waters, including related
infrastructure, for a project to expand commuter and regional
passenger rail service and provide bike and pedestrian access
crossings.
Section 809. The Committee includes a new provision
prohibiting the federalization of the District of Columbia
Metropolitan Police Department by the President of the United
States.
Section 810. The Committee continues a provision limiting
references to ``this Act'' as referring to only this title and
title IV.
TITLE IX--INFRASTRUCTURE
The Committee recommends $60,000,000,000 in emergency
funding for the FCC to support expansion of broadband to
unserved areas.
The Committee recommends $40,000,000 in emergency funding
for the FCC to implement the Broadband DATA Act (P.L. 116-130).
The Committee expects that this funding, in combination with
funding provided in title V, will cover the full five-year
costs for the Broadband DATA Act.
The Committee recommends $1,000,000,000 in emergency
funding for the FCC for the Secure and Trusted Communications
Networks Reimbursement Program, as authorized by section 4 of
the Secure and Trusted Communications Networks Act of 2019
(P.L. 116-124).
The Committee recommends $6,000,000,000 in emergency
funding for the GSA. Within this total, $2,800,000,000 is for
land ports of entry, $1,000,000,000 is for acquisition and
construction of Federal buildings, $1,940,000,000 for repairs
and alterations, $110,000,000 for rental of space, $130,000,000
is for building operations, $10,000,000 for apprenticeships and
pre-apprenticeships, and $10,000,000 for the GSA Inspector
General.
HOUSE OF REPRESENTATIVES REPORT REQUIREMENTS
The following items are included in accordance with various
requirements of the Rules of the House of Representatives:
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:
Department or Activity Amount
Department of the Treasury--Treasury Forfeiture Fund.. $250,000,000
Transfer of Funds
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following list is submitted
describing the transfer of funds in the accompanying bill:
UNDER TITLE I--DEPARTMENT OF THE TREASURY
Language is included under the Committee on Foreign
Investment in the United States allowing the transfer of funds
to a department or agency represented on the Committee upon the
advance notification.
Language is included under Department-Wide Systems and
Capital Investments allowing the transfer of funds to accounts
necessary to satisfy the requirement of the Department's
offices, bureaus, and other organizations.
Section 101 allows the transfer of up to four percent of
the Enforcement appropriation and up to five percent of other
appropriations made available to the IRS to any other IRS
appropriation, upon the advance approval of the Committees.
Section 111 creates a new Nonrecurring Expenses Fund for
the IRS.
Section 113 authorizes transfers, up to two percent,
between Departmental Offices--Salaries and Expenses, Office of
Terrorism and Financial Intelligence, Financial Crimes
Enforcement Network, Bureau of the Fiscal Service, and Alcohol
and Tobacco Tax and Trade Bureau appropriations under certain
circumstances.
Section 114 authorizes transfers, up to two percent,
between the IRS and the Treasury Inspector General for Tax
Administration under certain circumstances.
UNDER TITLE II--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS
APPROPRIATED TO 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 Other Federal Drug Control
Programs allowing the transfers of funds to other Federal
departments and agencies to carry out activities.
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 certain appropriations, subject
to approval of the Committee.
UNDER TITLE III--THE JUDICIARY
Language is included under Court Security allowing the
transfer of funds 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
Language is included under the Election Assistance
Commission allowing the transfer of funds to the National
Institute of Standards and Technology.
Language is included under the Federal Permitting
Improvement Steering Council allowing prior funding in the GSA
General Activities Environmental Review Improvement Fund to be
transferred to and merged with this account.
Language is included under the General Services
Administration allowing the transfer of funds within the
Federal Buildings Fund, under certain circumstances, upon the
advance approval of the Committees.
Language is included under the General Services
Administration, Federal Citizens Services Fund, allowing the
transfer of funds from the Federal Citizens Services Fund to
Federal agencies.
Language is included under the General Services
Administration, Presidential Transition, allowing the transfer
of funds to the Acquisition Services Fund or Federal Buildings
Fund.
Section 521 permits the General Services Administration to
transfer funds in the Federal Buildings Fund upon the advance
approval of the Committees.
Language is included under the Merit Systems Protection
Board, Salaries and Expenses, allowing the transfer from the
Civil Service Retirement and Disability Fund.
Language is included under the Morris K. Udall and Stewart
L. Udall Trust Fund, allowing the transfer of funds to the
Office of Inspector General of the Department of the Interior.
Language is included under the Office of Personnel
Management, Salaries and Expenses, allowing the transfer of
certain trust funds to the Salaries and Expenses account for
administrative expenses.
Language is included under the Office of Personnel
Management, Office of Inspector General, allowing the transfer
of certain trust funds to the Office of Inspector General
account for administrative expenses.
Language is included under the Postal Regulatory
Commission, Salaries and Expenses, allowing the transfer of
amounts from the Postal Service Fund.
Language is included under the Small Business
Administration, Business Loans Program Account, allowing funds
to be transferred to and merged with the Salaries and Expenses
appropriation.
Language is included under the Small Business
Administration, Disaster Loans Program Account, allowing funds
to be transferred to and merged with the Office of Inspector
General and Salaries and Expenses appropriations.
Section 550 permits the transfer of funds between
appropriations of the Small Business Administration.
Section 551 permits the transfer of funds from the Small
Business Administration Salaries and Expenses and Business
Loans Program Account appropriations into the Information
Technology Systems Modernization and Working Capital Fund.
Language is included under the United States Postal
Service, Office of Inspector General, Salaries and Expenses,
allowing the transfer of amounts from the Postal Service Fund.
UNDER TITLE VII--GENERAL PROVISIONS--GOVERNMENT-WIDE
Section 721 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 IX--INFRASTRUCTURE
Language is included allowing the transfer of funds within
the Federal Buildings Fund, under certain circumstances, upon
the advance approval of the Committees.
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):
JUDICIAL IMPROVEMENTS ACT OF 1990
* * * * * * *
TITLE II--FEDERAL JUDGESHIPS
* * * * * * *
SEC. 203. DISTRICT JUDGES FOR THE DISTRICT COURTS.
(a) In General.--The President shall appoint, by and with the
advice and consent of the Senate--
(1) 1 additional district judge for the western
district of Arkansas;
(2) 2 additional district judges for the northern
district of California;
(3) 5 additional district judges for the central
district of California;
(4) 1 additional district judge for the southern
district of California;
(5) 2 additional district judges for the district of
Connecticut;
(6) 2 additional district judges for the middle
district of Florida;
(7) 1 additional district judge for the northern
district of Florida;
(8) 1 additional district judge for the southern
district of Florida;
(9) 1 additional district judge for the middle
district of Georgia;
(10) 1 additional district judge for the northern
district of Illinois;
(11) 1 additional district judge for the southern
district of Iowa;
(12) 1 additional district judge for the western
district of Louisiana;
(13) 1 additional district judge for the district of
Maine;
(14) 1 additional district judge for the district of
Massachusetts;
(15) 1 additional district judge for the southern
district of Mississippi;
(16) 1 additional district judge for the eastern
district of Missouri;
(17) 1 additional district judge for the district of
New Hampshire;
(18) 3 additional district judges for the district of
New Jersey;
(19) 1 additional district judge for the district of
New Mexico;
(20) 1 additional district judge for the southern
district of New York;
(21) 3 additional district judges for the eastern
district of New York;
(22) 1 additional district judge for the middle
district of North Carolina;
(23) 1 additional district judge for the southern
district of Ohio;
(24) 1 additional district judge for the northern
district of Oklahoma;
(25) 1 additional district judge for the western
district of Oklahoma;
(26) 1 additional district judge for the district of
Oregon;
(27) 3 additional district judges for the eastern
district of Pennsylvania;
(28) 1 additional district judge for the middle
district of Pennsylvania;
(29) 1 additional district judge for the district of
South Carolina;
(30) 1 additional district judge for the eastern
district of Tennessee;
(31) 1 additional district judge for the western
district of Tennessee;
(32) 1 additional district judge for the middle
district of Tennessee;
(33) 2 additional district judges for the northern
district of Texas;
(34) 1 additional district judge for the eastern
district of Texas;
(35) 5 additional district judges for the southern
district of Texas;
(36) 3 additional district judges for the western
district of Texas;
(37) 1 additional district judge for the district of
Utah;
(38) 1 additional district judge for the eastern
district of Washington;
(39) 1 additional district judge for the northern
district of West Virginia;
(40) 1 additional district judge for the southern
district of West Virginia; and
(41) 1 additional district judge for the district of
Wyoming.
(b) Existing Judgeships.--(1) The existing district
judgeships for the western district of Arkansas, the northern
district of Illinois, the northern district of Indiana, the
district of Massachusetts, the western district of New York,
the eastern district of North Carolina, the northern district
of Ohio, and the western district of Washington authorized by
section 202(b) of the Bankruptcy Amendments and Federal
Judgeship Act of 1984 (Public Law 98-353, 98 Stat. 347-348)
shall, as of the effective date of this title, be authorized
under section 133 of title 28, United States Code, and the
incumbents in those offices shall hold the office under section
133 of title 28, United States Code, as amended by this title.
(2)(A) The existing 2 district judgeships for the eastern and
western districts of Arkansas (provided by section 133 of title
28, United States Code, as in effect on the day before the
effective date of this title) shall be district judgeships for
the eastern district of Arkansas only, and the incumbents of
such judgeships shall hold the offices under section 133 of
title 28, United States Code, as amended by this title.
(B) The existing district judgeship for the northern and
southern districts of Iowa (provided by section 133 of title
28, United States Code, as in effect on the day before the
effective date of this title) shall be a district judgeship for
the northern district of Iowa only, and the incumbent of such
judgeship shall hold the office under section 133 of title 28,
United States Code, as amended by this title.
(C) The existing district judgeship for the northern,
eastern, and western districts of Oklahoma (provided by section
133 of title 28, United States Code, as in effect on the day
before the effective date of this title) and the occupant of
which has his or her official duty station at Oklahoma City on
the date of the enactment of this title, shall be a district
judgeship for the western district of Oklahoma only, and the
incumbent of such judgeship shall hold the office under section
133 of title 28, United States Code, as amended by this title.
(c) Temporary Judgeships.--The President shall appoint, by
and with the advice and consent of the Senate--
(1) 1 additional district judge for the eastern
district of California;
(2) 1 additional district judge for the district of
Hawaii;
(3) 1 additional district judge for the central
district of Illinois;
(4) 1 additional district judge for the southern
district of Illinois;
(5) 1 additional district judge for the district of
Kansas;
(6) 1 additional district judge for the western
district of Michigan;
(7) 1 additional district judge for the eastern
district of Missouri;
(8) 1 additional district judge for the district of
Nebraska;
(9) 1 additional district judge for the northern
district of New York;
(10) 1 additional district judge for the northern
district of Ohio;
(11) 1 additional district judge for the eastern
district of Pennsylvania; and
(12) 1 additional district judge for the eastern
district of Virginia.
Except with respect to the district of Kansas, the western
district of Michigan, the eastern district of Pennsylvania, the
district of Hawaii, and the northern district of Ohio, the
first vacancy in the office of district judge in each of the
judicial districts named in this subsection, occurring 10 years
or more after the confirmation date of the judge named to fill
the temporary judgeship created by this subsection, shall not
be filled. The first vacancy in the office of district judge in
the district of Kansas occurring [29 years and 6 months] 30
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 [26
years and 6 months] 27 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.
* * * * * * *
----------
TRANSPORTATION, TREASURY, HOUSING AND URBAN DEVELOPMENT, THE JUDICIARY,
THE DISTRICT OF COLUMBIA, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT,
2006
DIVISION A--TRANSPORTATION, TREASURY, HOUSING AND URBAN DEVELOPMENT,
THE JUDICIARY, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2006
* * * * * * *
TITLE IV--THE JUDICIARY
* * * * * * *
Sec. 406. The existing judgeship for the eastern district of
Missouri authorized by section 203(c) of the Judicial
Improvements Act of 1990 (Public Law 101-650, 104 Stat. 5089)
as amended by Public Law 105-53, as of the effective date of
this Act, shall be extended. The first vacancy in the office of
district judge in this district occurring [27 years and 6
months] 28 years and 6 months or more after the confirmation
date of the judge named to fill the temporary judgeship created
by section 203(c) shall not be filled.
* * * * * * *
----------
21ST CENTURY DEPARTMENT OF JUSTICE APPROPRIATIONS AUTHORIZATION ACT
* * * * * * *
DIVISION A--21ST CENTURY DEPARTMENT OF JUSTICE APPROPRIATIONS
AUTHORIZATION ACT
* * * * * * *
TITLE III--MISCELLANEOUS
* * * * * * *
SEC. 312. ADDITIONAL FEDERAL JUDGESHIPS.
(a) Permanent District Judges for the District Courts.--
(1) In general.--The President shall appoint, by and
with the advice and consent of the Senate--
(A) 5 additional district judges for the
southern district of California;
(B) 1 additional district judge for the
western district of North Carolina; and
(C) 2 additional district judges for the
western district of Texas.
(2) [Omitted--Amendatory]
(b) District Judgeships for the Central and Southern
Districts of Illinois, the Northern District of New York, and
the Eastern District of Virginia.--
(1) Conversion of temporary judgeships to permanent
judgeships.--The existing district judgeships for the
central district and the southern district of Illinois,
the northern district of New York, and the eastern
district of Virginia authorized by section 203(c) (3),
(4), (9), and (12) of the Judicial Improvements Act of
1990 (Public Law 101-650, 28 U.S.C. 133 note) shall be
authorized under section 133 of title 28, United States
Code, and the incumbents in such offices shall hold the
offices under section 133 of title 28, United States
Code (as amended by this section).
(2) [Omitted--Amendatory]
(3) Effective date.--With respect to the central or
southern district of Illinois, the northern district of
New York, or the eastern district of Virginia, this
subsection shall take effect on the earlier of--
(A) the date on which the first vacancy in
the office of district judge occurs in such
district; or
(B) July 15, 2003.
(c) Temporary Judgeships.--
(1) In general.--The President shall appoint, by and
with the advice and consent of the Senate--
(A) 1 additional district judge for the
northern district of Alabama;
(B) 1 additional judge for the district of
Arizona;
(C) 1 additional judge for the central
district of California;
(D) 1 additional judge for the southern
district of Florida;
(E) 1 additional district judge for the
district of New Mexico;
(F) 1 additional district judge for the
western district of North Carolina; and
(G) 1 additional district judge for the
eastern district of Texas.
(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 northern district of Alabama, the
central district of California, and the western
district of North Carolina, occurring [18 years] 19
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 northern district of Alabama
occurring 18 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. The first vacancy in the office of
district judge in the central district of California
occurring [17 years and 6 months] 18 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 [16
years] 17 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.
(3) Effective date.--This subsection shall take
effect on July 15, 2003.
(d) Extension of Temporary Federal District Court Judgeship
for the Northern District of Ohio.--
(1) In general.--[Omitted--Amendatory]
(2) Effective date.--The amendments made by this
subsection shall take effect on the date of enactment
of this Act.
(e) Authorization of Appropriations.--There are authorized to
be appropriated such sums as may be necessary to carry out this
section, including such sums as may be necessary to provide
appropriate space and facilities for the judicial positions
created by this section.
* * * * * * *
----------
UNIVERSAL SERVICE ANTIDEFICIENCY TEMPORARY SUSPENSION ACT
* * * * * * *
TITLE III--UNIVERSAL SERVICE
* * * * * * *
SEC. 302. APPLICATION OF CERTAIN TITLE 31 PROVISIONS TO UNIVERSAL
SERVICE FUND.
(a) In General.--During the period beginning on the date of
enactment of this Act and ending on [December 31, 2020]
December 31, 2021, section 1341 and subchapter II of chapter 15
of title 31, United States Code, do not apply--
(1) to any amount collected or received as Federal
universal service contributions required by section 254
of the Communications Act of 1934 (47 U.S.C. 254),
including any interest earned on such contributions;
nor
(2) to the expenditure or obligation of amounts
attributable to such contributions for universal
service support programs established pursuant to that
section.
(b) Post-2005 Fulfillment of Protected Obligations.--Section
1341 and subchapter II of chapter 15 of title 31, United States
Code, do not apply after [December 31, 2020] December 31, 2021,
to an expenditure or obligation described in subsection (a)(2)
made or authorized during the period described in subsection
(a).
----------
TITLE 40, UNITED STATES CODE
* * * * * * *
SUBTITLE II--PUBLIC BUILDINGS AND WORKS
* * * * * * *
PART A--GENERAL
* * * * * * *
CHAPTER 31--GENERAL
* * * * * * *
SUBCHAPTER VI--MISCELLANEOUS
* * * * * * *
Sec. 3173. Working capital fund for General Services Administration
(a) Establishment and Purpose.--There is a working capital
fund for the necessary expenses of administrative support
services including accounting, budget, personnel, legal support
and other related services; and the maintenance and operation
of printing and reproduction facilities in support of the
functions of the General Services Administration, other Federal
agencies, and other entities; and other such administrative and
management services that the Administrator of GSA deems
appropriate and advantageous (subject to prior notice to the
Office of Management and Budget).
(b) Composition.--
(1) In general.--Amounts received shall be credited
to and merged with the Fund, to remain available until
expended, for operating costs and capital outlays of
the Fund: Provided, That entities for which such
services are performed shall be charged at rates which
will return in full all costs of providing such
services.
(2) Cost and capital requirements.--The Administrator
shall determine the cost and capital requirements of
the Fund for each fiscal year and shall develop a plan
concerning such requirements in consultation with the
Chief Financial Officer of the General Services
Administration. Any change to the cost and capital
requirements of the Fund for a fiscal year shall be
approved by the Administrator. The Administrator shall
establish rates to be charged to entities for which
services are performed, in accordance with the plan.
(c) Deposit of Excess Amounts in the Treasury.--At the close
of each fiscal year, after making provision for anticipated
operating needs reflected in the cost and capital plan
developed under subsection (b), the uncommitted balance of any
funds remaining in the Fund shall be transferred to the general
fund of the Treasury as miscellaneous receipts.
(d) Transfer and Use of Amounts for Major Equipment
Acquisitions.--
(1) In general.--Subject to subparagraph (2),
unobligated balances of amounts appropriated or
otherwise made available to the General Services
Administration for operating expenses and salaries and
expenses may be transferred and merged into the ``Major
equipment acquisitions and development activity'' of
the working capital fund of the General Services
Administration for agency-wide acquisition of capital
equipment, automated data processing systems and
financial management and management information
systems: Provided, That acquisitions are limited to
those needed to implement the Chief Financial Officers
Act of 1990 (Public Law 101-576, 104 Stat. 2838) and
related laws or regulations or for agency-wide
acquisition of equipment or systems or the acquisition
of services as necessary to implement the Act.
(2) Requirements and Availability.--
(A) Time for transfer.--Transfer of an amount
under this section must be done no later than
the end of the fifth fiscal year after the
fiscal year for which the amount is
appropriated or otherwise made available.
(B) Approval for use.--An amount transferred
under this section may be used only with the
advance approval of the Committees on
Appropriations of the House of Representatives
and the Senate.
(C) Availability.--An amount transferred
under this section remains available until
expended.
* * * * * * *
----------
DISTRICT OF COLUMBIA COLLEGE ACCESS ACT OF 1999
* * * * * * *
SEC. 3. PUBLIC SCHOOL PROGRAM.
(a) Grants.--
(1) In general.--From amounts appropriated under
subsection (i) the Mayor shall award grants to eligible
institutions that enroll eligible students to pay the
difference between the tuition and fees charged for in-
State students and the tuition and fees charged for
out-of-State students on behalf of each eligible
student enrolled in the eligible institution.
(2) Maximum student amounts.--An eligible student
shall have paid on the student's behalf under this
section--
(A) not more than $10,000 for any 1 award
year (as defined in section 481 of the Higher
Education Act of 1965 (20 U.S.C. 1088)); and
(B) a total of not more than $50,000.
(3) Proration.--The Mayor shall prorate payments
under this section for students who attend an eligible
institution on less than a full-time basis.
(b) Reduction for Insufficient Appropriations.--
(1) In general.--If the funds appropriated pursuant
to subsection (i) for any fiscal year are insufficient
to award a grant in the amount determined under
subsection (a) on behalf of each eligible student
enrolled in an eligible institution, then the Mayor
shall--
(A) first, ratably reduce the amount of the
tuition and fee payment made on behalf of each
eligible student who has not received funds
under this section for a preceding year; and
(B) after making reductions under
subparagraph (A), ratably reduce the amount of
the tuition and fee payments made on behalf of
all other eligible students.
(2) Adjustments.--The Mayor may adjust the amount of
tuition and fee payments made under paragraph (1) based
on--
(A) the financial need of the eligible
students to avoid undue hardship to the
eligible students; or
(B) undue administrative burdens on the
Mayor.
(3) Further adjustments.--Notwithstanding paragraphs
(1) and (2), the Mayor may prioritize the making or
amount of tuition and fee payments under this
subsection based on the income and need of eligible
students.
(c) Definitions.--In this section:
(1) Eligible institution.--The term ``eligible
institution'' means an institution that--
(A) is a public institution of higher
education located--
(i) in the State of Maryland or the
Commonwealth of Virginia; or
(ii) outside the State of Maryland or
the Commonwealth of Virginia, but only
if the Mayor--
(I) determines that a
significant number of eligible
students are experiencing
difficulty in gaining admission
to any public institution of
higher education located in the
State of Maryland or the
Commonwealth of Virginia
because of any preference
afforded in-State residents by
the institution;
(II) consults with the
Committee on Government Reform
of the House of
Representatives, the Committee
on Governmental Affairs of the
Senate, and the Secretary
regarding expanding the program
under this section to include
such institutions located
outside of the State of
Maryland or the Commonwealth of
Virginia; and
(III) takes into
consideration the projected
cost of the expansion and the
potential effect of the
expansion on the amount of
individual tuition and fee
payments made under this
section in succeeding years;
(B) is eligible to participate in the student
financial assistance programs under title IV of
the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.); and
(C) enters into an agreement with the Mayor
containing such conditions as the Mayor may
specify, including a requirement that the
institution use the funds made available under
this section to supplement and not supplant
assistance that otherwise would be provided to
eligible students from the District of
Columbia.
(2) Eligible student.--The term ``eligible student''
means an individual who--
(A)(i) in the case of an individual who
begins an undergraduate course of study within
3 calendar years (excluding any period of
service on active duty in the armed forces, or
service under the Peace Corps Act (22 U.S.C.
2501 et seq.) or subtitle D of title I of the
National and Community Service Act of 1990 (42
U.S.C. 12571 et seq.)) of graduation from a
secondary school, or obtaining the recognized
equivalent of a secondary school diploma, was
domiciled in the District of Columbia for not
less than the 12 consecutive months preceding
the commencement of the freshman year at an
institution of higher education;
(ii) in the case of an individual who
graduated from a secondary school or received
the recognized equivalent of a secondary school
diploma before January 1, 1998, and is
currently enrolled at an eligible institution
as of the date of enactment of the District of
Columbia College Access Improvement Act of
2002, was domiciled in the District of Columbia
for not less than the 12 consecutive months
preceding the commencement of the freshman year
at an institution of higher education; or
(iii) in the case of any other individual and
an individual re-enrolling after more than a 3-
year break in the individual's post-secondary
education, has been domiciled in the District
of Columbia for at least 5 consecutive years at
the date of application;
(B)(i) graduated from a secondary school or
received the recognized equivalent of a
secondary school diploma on or after January 1,
1998;
(ii) in the case of an individual who did not
graduate from a secondary school or receive a
recognized equivalent of a secondary school
diploma, is accepted for enrollment as a
freshman at an eligible institution on or after
January 1, 2002; or
(iii) in the case of an individual who
graduated from a secondary school or received
the recognized equivalent of a secondary school
diploma before January 1, 1998, is currently
enrolled at an eligible institution as of the
date of enactment of the District of Columbia
College Access Improvement Act of 2002;
(C) meets the citizenship and immigration
status requirements described in section
484(a)(5) of the Higher Education Act of 1965
(20 U.S.C. 1091(a)(5));
(D) is enrolled or accepted for enrollment,
on at least a half-time basis, in a degree,
certificate, or other program (including a
program of study abroad approved for credit by
the institution at which such student is
enrolled) leading to a recognized educational
credential at an eligible institution;
(E) if enrolled in an eligible institution,
is maintaining satisfactory progress in the
course of study the student is pursuing in
accordance with section 484(c) of the Higher
Education Act of 1965 (20 U.S.C. 1091(c));
(F) has not completed the individual's first
undergraduate baccalaureate course of study;
and
[(G) (i) for individuals who began an undergraduate
course of study prior to school year 2015-2016, is from
a family with a taxable annual income of less than
$1,000,000; (ii) for individuals who begin an
undergraduate course of study in or after school year
2016-2017 but before school year 2019-2020, is from a
family with a taxable annual income of less than
$750,000. Beginning with school year 2017-2018, the
Mayor shall adjust the amounts in clauses (i) and (ii)
for inflation, as measured by the percentage increase,
if any, from the preceding fiscal year in the Consumer
Price Index for All Urban Consumers, published by the
Bureau of Labor Statistics of the Department of Labor;
and
[(iii) For individuals who begin an
undergraduate course of study in or after
school year 2019-2020, is from a family with a
taxable annual income of less than $500,000.
Beginning with school year 2020-2021, the Mayor
shall adjust the amount in the previous
sentence for inflation, as measured by the
percentage increase, if any, from the preceding
fiscal year in the Consumer Price Index for All
Urban Consumers, published by the Bureau of
Labor Statistics of the Department of Labor.]
(G) is from a family with a taxable annual
income of less than the applicable family
income limit, as defined in paragraph (7).
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning
given the term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).
(4) Mayor.--The term ``Mayor'' means the Mayor of the
District of Columbia.
(5) Secondary school.--The term ``secondary school''
has the meaning given that term under section 8101 of
the Elementary and Secondary Education Act of 1965.
(6) Secretary.--The term ``Secretary'' means the
Secretary of Education.
(7) Applicable family income limit The term.--
``applicable family income limit'' means, with respect
to an individual, the following:
(A) In the case of an individual who began an
undergraduate course of study prior to school
year 2015-2016, $1,000,000.
(B) In the case of an individual who begins
an undergraduate course of study in school year
2016-2017, $750,000.
(C) In the case of an individual who begins
an undergraduate course of study in school year
2017-2018 or school year 2018-2019, the
applicable family income limit under this
paragraph for an individual who began an
undergraduate course of study in the previous
school year, adjusted by the Mayor for
inflation, as measured by the percentage
increase, if any, from the preceding fiscal
year in the Consumer Price Index for All Urban
Consumers, published by the Bureau of Labor
Statistics of the Department of Labor.
(D) In the case of an individual who begins
an undergraduate course of study in school year
2019-2020, $500,000.
(E) In the case of an individual who begins
an undergraduate course of study in school year
2020-2021, the amount described in subparagraph
(D), adjusted by the Mayor for inflation, as
measured by the percentage increase, if any,
from the preceding fiscal year in the Consumer
Price Index for All Urban Consumers, published
by the Bureau of Labor Statistics of the
Department of Labor.
(F) In the case of an individual who begins
an undergraduate course of study in school year
2021-2022, $750,000.
(G) In the case of an individual who begins
an undergraduate course of study in school year
2022-2023 or any succeeding school year, the
applicable family income limit under this
paragraph for an individual who began an
undergraduate course of study in the previous
school year, adjusted by the Mayor for
inflation, as measured by the percentage
increase, if any, from the preceding fiscal
year in the Consumer Price Index for All Urban
Consumers, published by the Bureau of Labor
Statistics of the Department of Labor.
(d) Construction.--Nothing in this Act shall be construed to
require an institution of higher education to alter the
institution's admissions policies or standards in any manner to
enable an eligible student to enroll in the institution.
(e) Applications.--Each student desiring a tuition payment
under this section shall submit an application to the eligible
institution at such time, in such manner, and accompanied by
such information as the eligible institution may require.
(f) Administration of Program.--
(1) In general.--The Mayor shall carry out the
program under this section in consultation with the
Secretary. The Mayor may enter into a grant, contract,
or cooperative agreement with another public or private
entity to administer the program under this section if
the Mayor determines that doing so is a more efficient
way of carrying out the program.
(2) Policies and procedures.--The Mayor, in
consultation with institutions of higher education
eligible for participation in the program authorized
under this section, shall develop policies and
procedures for the administration of the program.
(3) Memorandum of agreement.--The Mayor and the
Secretary shall enter into a Memorandum of Agreement
that describes--
(A) the manner in which the Mayor shall
consult with the Secretary with respect to
administering the program under this section;
and
(B) any technical or other assistance to be
provided to the Mayor by the Secretary for
purposes of administering the program under
this section (which may include access to the
information in the common financial reporting
form developed under section 483 of the Higher
Education Act of 1965 (20 U.S.C. 1090)).
(g) Mayor's Report.--The Mayor shall report to Congress
annually regarding--
(1) the number of eligible students attending each
eligible institution and the amount of the grant awards
paid to those institutions on behalf of the eligible
students;
(2) the extent, if any, to which a ratable reduction
was made in the amount of tuition and fee payments made
on behalf of eligible students; and
(3) the progress in obtaining recognized academic
credentials of the cohort of eligible students for each
year.
(h) GAO Report.--Beginning on the date of the enactment of
this Act, the Comptroller General of the United States shall
monitor the effect of the program assisted under this section
on educational opportunities for eligible students. The
Comptroller General shall analyze whether eligible students had
difficulty gaining admission to eligible institutions because
of any preference afforded in-State residents by eligible
institutions, and shall expeditiously report any findings
regarding such difficulty to Congress and the Mayor. In
addition the Comptroller General shall--
(1) analyze the extent to which there are an
insufficient number of eligible institutions to which
District of Columbia students can gain admission,
including admission aided by assistance provided under
this Act, due to--
(A) caps on the number of out-of-State
students the institution will enroll;
(B) significant barriers imposed by academic
entrance requirements (such as grade point
average and standardized scholastic admissions
tests); and
(C) absence of admission programs benefiting
minority students;
(2) assess the impact of the program assisted under
this Act on enrollment at the University of the
District of Columbia; and
(3) report the findings of the analysis described in
paragraph (1) and the assessment described in paragraph
(2) to Congress and the Mayor.
(i) Authorization of Appropriations.--There are authorized to
be appropriated to the District of Columbia to carry out this
section $12,000,000 for fiscal year 2000 and (subject to
section 7) such sums as may be necessary for each of the 12
succeeding fiscal years. Such funds shall remain available
until expended.
(j) Effective Date.--This section shall take effect with
respect to payments for periods of instruction that begin on or
after January 1, 2000.
* * * * * * *
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. 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
Treasury Buildings; hire of passenger motor vehicles;
maintenance, repairs, and improvements of, and purchase of
commercial insurance policies for real properties leased or
owned overseas; and for domestic finance and tax policy
activities.
Language is also included designating funds for official
reception and representation expenses; unforeseen emergencies
of a confidential nature; and extending the period of
availability for certain funds.
Language is included for the Committee on Foreign
Investment in the United States Fund that provides for the
transfer of funds to departments or agencies represented on the
Committee for expenses of implementing section 721 of the
Defense Production Act of 1950. Language is included that
provides for the assessment and collection of offsetting
collections.
Language is included for Office of Terrorism and Financial
Intelligence, Salaries and Expenses, that provides funds to
safeguard the financial system from national security threats.
Language is included for the Cybersecurity Enhancement
Account that provides funds for enhanced cybersecurity for
systems operated by the Department of the Treasury.
Language is included for Department-wide Systems and
Capital Investments Programs that provides funds for equipment,
software, and repairs and renovations to buildings owned by the
Department of the Treasury.
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, unforeseen emergencies of a confidential
nature, official reception and representation expenses, and
unforeseen emergencies of a confidential nature.
Language is included for the Treasury Inspector General for
Tax Administration, Salaries and Expenses that provides funds
to carry out the provisions of the Inspector General Act of
1978, including consulting services, official reception and
representation expenses, the purchase and hire of motor
vehicles, unforeseen emergencies of a confidential nature, and
specifies the period of availability for certain funds.
Language is included for the Special Inspector General for
the Troubled Asset Relief Program, Salaries and Expenses, that
provides funds for carrying out the provisions of the Emergency
Economic Stabilization Act of 2008 (Public Law 110-343).
Language is included for 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 intelligence, law enforcement,
and regulation; official reception and representation expenses;
and assistance to Federal law enforcement agencies with or
without reimbursement. Language is also included that extends
the period of availability for certain amounts.
Language is included for the Bureau of the Fiscal Service,
Salaries and Expenses, that provides funds for necessary
expenses, including for official reception and representation
expenses, and extends the period of availability for
information systems modernization funds. Language is also
included specifying an amount to be derived from the Oil Spill
Liability Trust Fund.
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, official reception and
representation expenses, cooperative research and development
programs, and laboratory assistance to State and local
agencies. Language is included that extends the period of
availability for certain amounts.
Language is included for the United States Mint, United
States Mint Public Enterprise Fund, which 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 Community Development
Financial Institutions Fund Program account that provides
specific amounts for: financial and technical assistance;
individuals with disabilities; Native American initiatives;
Bank Enterprise Awards, Healthy Food Financing Initiatives;
Small Dollar Loans Program; and administrative expenses for the
program and cost of direct loans. Language is included for
clarifying the amount for the Bond Guarantee Program.
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, and dedicating funding for the Tax
Counseling for the Elderly Program, low-income taxpayer clinic
grants, and Community Volunteer Income Tax Assistance grants.
Language is included for the 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 designates funding for the Interagency Crime and
Drug Enforcement program. Language is included specifying the
period of availability for certain funds.
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 official reception and
representation expenses. Language is included specifying the
period of availability for certain funds and requiring reports
on information technology.
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, an extended
availability of the funds and requires quarterly reports.
Language is included to report on the Integrated Business
Systems Modernization plan.
In addition, the bill provides the following administrative
provisions:
Section 101. Language is included that allows for the
transfer of up to four percent of the Enforcement appropriation
and up to five percent of other appropriations 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 taxpayers' rights, dealing
courteously with taxpayers, cross-cultural relations, and the
impartial application of tax law.
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 to require the IRS to
issue notices to employers of any address change request and to
give special consideration to offers in compromise for
taxpayers who have been victims of payroll tax preparer fraud.
Section 106. Language is included to prohibit the IRS from
targeting U.S. citizens for exercising their First Amendment
rights.
Section 107. Language is included to prohibit the use of
funds by the IRS to target groups based on their ideological
beliefs.
Section 108. Language is included to prohibit the use of
funds by the IRS on conferences that do not adhere to
recommendations made by the Treasury Inspector General for Tax
Administration.
Section 109. Language is included prohibiting funds for IRS
employee awards or hiring programs that do not consider
employee conduct and Federal tax compliance.
Section 110. Language included to prohibit the use of funds
in contravention of section 6103 of the Internal Revenue Code
of 1986 (relating to confidentiality and disclosure of returns
and return information).
Section 111. Language is included creating a new IRS
Nonrecurring Expenses Fund.
Section 112. Language is included to authorize 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 113. Language is included to authorize transfers,
up to two percent, between Departmental Offices--Salaries and
Expenses, Office of Terrorism and Financial Intelligence,
Financial Crimes Enforcement Network, Bureau of the Fiscal
Service, and Alcohol and Tobacco Tax and Trade Bureau
appropriations under certain circumstances.
Section 114. Language is included to authorize transfers,
up to two percent, between the IRS and TIGTA under certain
circumstances.
Section 115. Language is included prohibiting the
Department of the Treasury from undertaking a redesign of the
$1 Federal Reserve note.
Section 116. Language is included providing for transfers
from and reimbursements to Bureau of the Fiscal Service,
Salaries and Expenses, for the purposes of debt collection.
Section 117. Language is included prohibiting funds from
being used by the United States Mint to construct or operate
any museum without the approval of the House and Senate
committees of jurisdiction.
Section 118. Language is included prohibiting funds 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 119. Language is included deeming that funds for
the Department of the Treasury's intelligence-related
activities are specifically authorized in fiscal year 2021
until enactment of the Intelligence Authorization Act for
fiscal year 2021.
Section 120. 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 121. Language is included requiring the Department
of the Treasury to submit a capital investment plan.
Section 122. Language is included requiring the Department
of the Treasury to submit a report on the Franchise Fund.
Section 123. Language is included requiring quarterly
reports from the Office of Financial Stability and the Office
of Financial Research.
Section 124. Language is included prohibiting the use of
Treasury Forfeiture Funds for activities related to
construction of physical barriers along the southern border of
the United States.
Title II--Executive Office of the President
Language is included for The White House, Salaries and
Expenses, that provides funds for services authorized by 5
U.S.C. 3109 and 3 U.S.C. 103, 105 and 107, hire of vehicles,
and official reception and representation expenses; and the
Office of Policy Development.
Language is included for Executive Residence at the White
House, Operating Expenses, that provides funds for necessary
expenses as authorized by 3 U.S.C. 105, 109, 110, and 112-114.
Language is included for Executive Residence at The White
House, Reimbursable Expenses, that 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
miscellaneous receipts; 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 is included for White House Repair and Restoration
that 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 is included for Council of Economic Advisors,
Salaries and Expenses, that provides for necessary expenses in
carrying out the Employment Act of 1946.
Language is included for National Security Council and
Homeland Security Council, Salaries and Expenses, that provides
for services authorized by 5 U.S.C. 3109.
Language is included for Office of Administration, Salaries
and Expenses, that provides funds for continued modernization
of the information resources within the Executive Office of the
President, to remain available until expended, and provides for
services authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and for
the hire of vehicles.
Language is included for Office of Management and Budget,
Salaries and Expenses, that provides funds for expenses;
services authorized by 5 U.S.C. 3109; the hire of vehicles;
carrying out provisions of chapter 35 of title 44 United States
Code and to prepare the budget request; specifies funds for
official representation expenses; prohibits the review of
agricultural marketing orders; prohibits the use of funds for
the purpose of altering the transcript of testimony except for
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; prohibits the
use of funds for altering the Corp of Engineers annual work
plan; and specifies the amount of time to perform budgetary
policy reviews of water resource matters on which the Chief of
Engineers has reported before the report is considered
approved, and specifies notification requirements.
Language is included for Intellectual Property Enforcement
Coordinator, that provides funds for expenses authorized by
title III of the Prioritizing Resources and Organization for
Intellectual Property Act of 2008 and services authorized by 5
U.S.C. 3109.
Language is included for the Office of National Drug
Control Policy, Salaries and Expenses, providing funds for
research activities; official reception and representation
expenses; and participation in joint projects or the provision
of services to nonprofit, research, or public organizations or
agencies, with or without reimbursement. Language is included
permitting gifts for the purpose of aiding or facilitating the
work of the Office.
Language is included for Federal Drug Control Programs,
High Intensity Drug Trafficking Areas Program, that provides
funds for drug control activities, allows for the transfer of
funds, and requires notification on the distribution of funds.
Language is included for Other Federal Drug Control
Programs that provides specific amounts for drug control
activities and allows for the transfer of funds.
Language is included for Unanticipated Needs that provides
for the use of funds as authorized by 3 U.S.C. 108 and extends
the availability of funds.
Language is included for Information Technology Oversight
and Reform that provides for the use of funds, extends the
availability of funds, and allows for the transfer of funds.
Language is included for Special Assistance to the
President, Salaries and Expenses, that enables the Vice
President to provide assistance to the President, services
authorized by 5 U.S.C. 3109 and 3 U.S.C. 106, and the hire of
vehicles.
Language is included for Official Residence of the Vice
President, Operating Expenses, that provides funds for
operation and maintenance of the official residence of the Vice
President, the hire of vehicles, and expenses authorized by 3
U.S.C. 106(b)(2) 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 among various
appropriations within the Executive Office of the President,
with advance approval of the Committees on Appropriations. The
amount of an appropriation shall not be increased by more than
50 percent.
Section 202. Language is included requiring the Director of
the Office of Management and Budget to include a statement of
budgetary impact with any Executive order or Presidential
memorandum issued or rescinded during fiscal year 2021 where
the regulatory cost exceeds $100,000,000.
Section 203. Language is included requiring the Director of
the Office of Management and Budget to issue a memorandum to
all Federal departments, agencies, and corporations directing
compliance with the provisions in title VII of this Act.
Section 204. Language is included requiring OMB to
implement a system to make publicly available, in an automated
fashion, all documents apportioning an appropriation and all
relevant delegations of apportionment authority, and to provide
the Committee with such information until the automated system
is implemented. This requirement would apply to any
appropriation apportioned under the President's apportionment
authority, including appropriations provided in prior years and
those included in Acts other than appropriations Acts.
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 providing funds for salaries of judges as
authorized by law.
Language is included under Supreme Court, Care of the
Building and Grounds, permitting funds to remain available
until expended.
Language is included under United States Court of Appeals
for the Federal Circuit, Salaries and Expenses, for necessary
expenses of the court. Language is included providing funds for
salaries of judges as authorized by law.
Language is included under United States Court of
International Trade, Salaries and Expenses, for necessary
expenses of the court. Language is included providing funds for
salaries of judges as authorized by law.
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 for
certain periods for specific purposes. Language is included
providing funds for salaries of judges as authorized by law.
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
2021 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 the delegation
of authority to the Judiciary for contracts for repairs of less
than $100,000 through fiscal year 2021.
Section 305. Language is included allowing a court security
pilot program.
Section 306. Language is included requested by the Judicial
Conference of the United States extending temporary judgeships
in Arizona, California Central, Florida Southern, Hawaii,
Kansas, Missouri Eastern, New Mexico, North Carolina Western,
and Texas Eastern.
Title IV--District of Columbia
Language is included under Federal Payment for Resident
Tuition Support, permitting the amount appropriated to remain
available until expended; specifying conditions for the use,
award, and financial accounting of funds; and requiring
quarterly reports.
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 to reimburse presidential
inauguration expenditures incurred in fiscal year 2020.
Language is included under Federal Payment to the District
of Columbia Courts, authorizing official reception and
representation expenses; specifying certain amounts for
specific purposes; 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; allowing funds made available for capital
improvements to remain available until September 30, 2022;
providing for the reallocation of funds and providing for
certain payments.
Language is included under Federal Payment for Defender
Services in the District of Columbia Courts, providing that the
amount appropriated shall remain available until expended;
specifying who shall administer these funds; and 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, allowing the transfer and hire of motor vehicles;
authorizing official reception and representation expenses;
specifying certain amounts for specific purposes and programs;
allowing $459,000 to remain available until September 30, 2023
for costs associated with replacement leases; 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; allowing the use of
programmatic incentives for offenders and defendants who
successfully meet the terms of their supervision; authorizing
the Director to accept, solicit and use on the behalf of the
Agency any monetary or nonmonetary gift to support offenders
and defendants successfully meeting terms of supervision.
Language is included under Federal Payment to District of
Columbia Public Defender Service, allowing the transfer and
hire of motor vehicles; providing that all amounts under this
heading shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same
manner as funds appropriated for salaries and expenses of other
Federal agencies; and authorizing the 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, 2022.
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 (SOAR). Additional language is
included requiring schools participating in the SOAR program to
certify compliance with Federal civil rights and special
education laws.
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 Testing and
Treatment of HIV/AIDS for testing and treatment.
Language is included under Federal payment to the District
of Columbia to continue implementation of the Combined Sewer
Overflow Long-Term Plan.
Title V--Independent Agencies
Language is included for the Administrative Conference of
the United States, Salaries and Expenses, that provides for
expenses, including official reception and representation, and
extends the availability of funds.
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), and
official reception and representation expenses.
The bill includes the following administrative provision
under the Consumer Product Safety Commission:
Section 501. Language is included prohibiting funds to
finalize, implement, or enforce the proposed rule on
recreational off-highway vehicles until a study is completed by
the National Academy of Sciences.
Language is included for the Election Assistance
Commission, Salaries and Expenses, that provides funds to carry
out the Help America Vote Act of 2002 and for relocation
expenses.
Language is included for the Election Assistance
Commission, Election Security Grants, that provides funds to
make payments to states for activities to improve the
administration of elections for Federal office, including to
enhance election technology and make election security
improvements.
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,
special counsel fees, and services as authorized by 5 U.S.C.
3109. Language provides for the assessment and collection of
offsetting collections, authorizes retention of such
collections, and provides that they remain available until
expended. Language limits the use of proceeds from the use of a
competitive bidding system. Language provides funding for the
Office of Inspector General.
The bill includes the following administrative provisions
under the Federal Communications Commission:
Section 510. Language is included extending an exemption
from the Antideficiency Act for the Universal Service Fund.
Section 511. Language is included prohibiting the FCC from
changing rules governing the Universal Service Fund regarding
single connection or primary line restrictions.
Section 512. Language is included prohibiting the FCC from
finalizing, implementing, administering, or enforcing the
proposed rule entitled ``Universal Service Contribution
Methodology.''
Section 513. Language is included prohibiting the FCC from
establishing or implementing a 5G Fund for Rural America, or
any similar Federal universal service support mechanism, until
the FCC completes the creation of an improved map that depicts
the availability of mobile broadband internet access service.
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.
Language is included for the Federal Election Commission,
Salaries and Expenses, providing for expenses including
official 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, reception and
representation expenses 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 provided for the Federal Permitting Improvement
Steering Council that provides for services provided pursuant
to 42 U.S.C. 4370m-8(d).
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 spent from the Fund; specifies the
conditions under which funds made available can be used; limits
the availability of funds for certain purposes; specifies
funding for construction and acquisition projects; provides for
certain transfers of funds; requires spending plans; and
prohibits excess funds from being available.
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, motor vehicles, information technology
management, and related technology activities; and services
authorized by 5 U.S.C. 3109.
Language is included for the General Services
Administration, Operating Expenses that provides funds for
Government-wide activities associated with personal and real
property disposal, and services authorized by 5 U.S.C. 3109;
for expenses for activities associated with agency-wide policy
direction and management.
Language is included for the General Services
Administration, Civilian Board of Contract Appeals for
activities associated with the Civilian Board of Contract
Appeals and allowing $2,000,000 to remain available until
September 30, 2022.
Language is included for the General Services
Administration, Office of Inspector General that makes certain
funds available until expended and provides for awards in
recognition of efforts that enhance the office. Language is
included for services authorized by 5 U.S.C. 3109 and
designates funds for information and detection of fraud.
Language is included for the General Services
Administration, Allowances and Office Staff for Former
Presidents, for carrying out the provisions of 3 U.S.C. 102
note and Public Law 95-138.
Language is included for the General Services
Administration Administration, Federal Citizen Services Fund,
which provides funds for the Office of Citizen Services and
other information technology costs. Language is included
allowing for certain transfers to the Federal Citizen Services
Fund. 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, Presidential Transition, which funds activities
authorized by the Presidential Transition Act of 1963, as
amended, and 40 U.S.C. 581(e).
Language is included for the General Services
Administration, Technology Modernization Fund, for technology-
related modernization activities.
In addition, the bill includes the following administrative
provisions under the General Services Administration:
Section 520. Language is included providing authority for
the use of funds for the hire of motor vehicles.
Section 521. 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 522. Language is included requiring funds proposed
for developing courthouse construction requests to meet
appropriate standards and the priorities of the Judicial
Conference.
Section 523. 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
assessed rent.
Section 524. Language is included permitting the General
Services Administration to pay small claims (up to $250,000)
made against the Federal Government.
Section 525. 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 526. Language is included requiring a spend plan
for certain accounts and programs.
Section 527. Language is included to expand the definition
of items that can be acquired to implement the Chief Financial
Officer's Act of 1990. This new authority is not provided to
fund the expansion of NewPay.
Section 528. Language is included requiring GSA to transmit
a new prospectus for consolidation of a new Federal Bureau of
Investigation headquarters.
Section 529. Language is included prohibiting the use of
funds for any contracts inconsistent with the Brooks Act and
part 36.6 of the Federal Acquisition Regulation.
Section 530. Language is included prohibiting the use of
funds for any Executive Order that would establish a preferred
architectural style for Federal buildings and courthouses or
would conflict with existing GSA architectural guidelines.
Language is included for the Harry S. Truman Scholarship
Foundation as established by section 10 of Public Law 93-642.
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,
specifies the period of availability for certain funds,
provides for 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 to carry out its mission and administer the
Environmental Dispute Resolution Fund as established by Public
Law 105-156.
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, 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 implementation of the
Civil Rights Cold Case Records Collection Act of 2018, and
provides that such funds remain available until expended.
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, and improvement of archives
facilities and provision of adequate storage for holdings; and
provides that funds remain available until expended.
Language is included under 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
extends 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 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 or subsistence
allowances, and the transfer of administrative expenses;
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 a transfer for 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 funds derived from a
transfer from the Postal Service Fund.
Language is included for the Privacy and Civil Liberties
Oversight Board, Salaries and Expenses, that provides funds
authorized by section 1061 of 42 U.S.C. 2000ee.
Language is included for the Public Buildings Reform Board,
that provides funds for carrying out the Federal Assets Sale
and Transfer Act of 2016 (Public Law 114-287).
Language is included for the Securities and Exchange
Commission, Salaries and Expenses, that provides for rental of
space, services, 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 designating funds for
move, replication, and related costs associated with
replacement leases for the Commission's District of Columbia
headquarters and San Francisco Regional Office facilities.
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.
In addition, the bill includes the following administrative
provisions under the Securities and Exchange Commission:
Section 540. Language is included restricting the use of
funds to finalize, issue, or implement certain rules,
regulations, and orders regarding the exempt offering
framework.
Section 541. Language is included restricting the use of
funds to finalize, issue, or implement any rule, regulation, or
order changing the procedural requirements or raising
resubmission thresholds for shareholder proposals.
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 funds for the hire of
motor vehicles and official reception and representation
expenses; designates funds for lender oversight activities;
provides authority to charge fees and credit such fees to the
account without further appropriation; authorizes the
acceptance of gifts; and extends the period of availability of
funds for the Loan Modernization and Accounting System.
Language is included for the Small Business Administration,
Entrepreneurial Development Programs, that provides funds for
programs supporting entrepreneurial and small business
development grant programs. Language is included extending the
availability of funds.
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 provides such
funds to remain available until expended.
Language is included for the Small Business Administration,
Business Loans Program Account, providing funds for the cost of
direct loans and guaranteed loans, to remain available until
expended, and limiting commitments for certain guaranteed loan
programs. Language is also included authorizing the transfer of
funds to the Salaries and Expenses appropriation for
administrative expenses.
Language is included for the Small Business Administration,
Disaster Loans Program Account, that provides funds for
administrative expenses, to remain available until expended,
and authorizes the transfer of funds to the Office of Inspector
General and the Salaries and Expenses appropriations.
In addition, the bill includes the following administrative
provisions the Small Business Administration:
Section 550. Language is included allowing for the transfer
of funds between Small Business Administration appropriations.
Section 551. Language is included allowing for the transfer
of funds from the Small Business Administration Salaries and
Expenses and Business Loans Program Account appropriations into
the Information Technology Systems Modernization and Working
Capital Fund.
Section 552. Language is included withholding the
obligation of funds from the Small Business Administration,
Salaries and Expenses appropriation, until certain conditions
are met.
Language is included for the United States Postal Service,
Payment to the Postal Service Fund, that provides funds for
revenue foregone; stipulates that mail for overseas voting and
mail for the blind is free; provides that 6-day delivery shall
continue at not less than the 1983 level; prohibits funds in
this Act from being used to charge a fee to a child support
enforcement agency seeking the address of a postal customer;
prohibits funds from being used to consolidate or close small
rural and other small post offices; and requires the Postal
Service to continue to offer for sale copies of the
Multinational Species Conservation Funds Semipostal Stamp.
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; other services authorized by 5 U.S.C. 3109; and
official reception and representation expenses; that extends
the availability of some funds; and that requires that travel
expenses of the judges shall be paid upon the written
certificate of the judge.
Title VI--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 prohibiting 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 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 this Act 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 the
Committee on Appropriations of either the House of
Representatives or the Senate for a different purpose; (5)
augments existing programs, projects, or activities in excess
of $5,000,000 or 10 percent, whichever is less; (6) reduces
existing programs, projects, or activities by $5,000,000 or 10
percent, whichever is less; or (7) creates or reorganizes
offices, programs, or activities different from the budget
justifications submitted to the Committees on Appropriations or
the tables in the report accompanying this Act, whichever is
more detailed. The provision also direct agencies to consult
with the Committees prior to any significant reorganization,
restructuring, relocation, or closing of offices, programs, or
activities and 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 either a
Federal Bureau of Investigation background investigation or
Internal Revenue Service determination with respect to section
501(a) of the Internal Revenue Code of 1986, except with the
express consent of the individual involved in an investigation
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 provision 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 Futures 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 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 619. Language is included providing for several
appropriated mandatory accounts. These are accounts where
authorizing language requires the payment of funds. The
Congressional Budget Office estimates the cost for the
following programs addressed in this provision: $450,000 for
Compensation of the President including $50,000 for expenses;
$262,000,000 for the Judicial Retirement Funds (Judicial
Officers' Retirement Fund, Judicial Survivors' Annuities Fund,
and the United States Court of Federal Claims Judges'
Retirement Fund); $14,325,000,000 for the Government Payment
for Annuitants, Employee Health Benefits; $44,000,000 for the
Government Payment for Annuitants, Employee Life Insurance; and
$7,758,000,000 for the Payment to the Civil Service Retirement
and Disability Fund.
Section 620. Language is included prohibiting funds for the
Federal Trade Commission to complete or publish the study,
recommendations, or report prepared by the Interagency Working
Group on Food Marketed to Children.
Section 621. Language is included requiring that the head
of any executive branch agency ensure that the Chief
Information Officer has authority to participate in the budget
planning process and approval of the information technology
budget.
Section 622. Language is included prohibiting funds in
contravention of the Federal Records Act.
Section 623. Language is included prohibiting agencies from
requiring Internet Service Providers to disclose electronic
communications information in a manner that violates the Fourth
Amendment.
Section 624. Language is included relating to Universal
Service Fund payments for wireless providers.
Section 625. Language is included prohibiting funds to be
used to deny inspectors general access to records.
Section 626. Language is included prohibiting any funds
made available in this Act from being used to establish a
computer network unless such network blocks the viewing,
downloading, and exchanging of pornography.
Section 627. Language is included prohibiting any funds
made available in this Act from being used to pay for award or
incentive fees for contractors with below satisfactory
performance.
Section 628. Language is included prohibiting funds made
available in this Act from being used for certain travel and
conference activities unless an agency or entity determines
that the travel is in the national interest and advance notice
is provided to the Appropriations Committees.
Section 629. Language is included prohibiting funds made
available in this Act from being used to fund first-class or
business-class travel in contravention of Federal regulations.
Section 630. Language is included relating to contracts for
public relations services.
Section 631. Language is included prohibiting funds made
available in this Act from being used to penalize a financial
institution for providing financial services to an entity that
participates in a business or organized activity involving
marijuana that is conducted pursuant to a law established by a
state or a unit of local government.
Section 632. Language is included prohibiting use of funds
in this or any other Act to propose, promulgate, or implement
any rule, principle, policy, standard, or guidance changing the
2017 methodology for determining the Official Poverty Measure.
Section 633. Language is included rescinding $250,000,000
in unobligated balances from the Department of the Treasury,
Treasury Forfeiture Fund.
Section 634. Language is included preventing use of funds
to enter into any contract, grant, or cooperative agreement
with any entity in which the President or Vice President, or
their family members, owns, controls, or holds a significant
equity interest.
Section 635. Language is included prohibiting the funds
made available in this Act from being used to reorganize or
transfer any Office of Personnel Management function or
authority to the General Services Administration or to the
Office of Management and Budget.
Section 636. Language is included prohibiting the Office of
Personnel Management from entering into interagency or service-
level agreements with the General Services Administration or
the Office of Management and Budget exceeding $100,000 unless
notification is provided.
Section 637. Language is included prohibiting the Federal
Trade Commission or Federal Communications Commission from
taking certain actions related to Executive Order 13925.
Title VII--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 certain exceptions.
Section 703. Language is included allowing funds made
available to agencies for travel to also be used for quarters
allowances and cost-of-living allowances.
Section 704. Language is included prohibiting the
employment of noncitizens with certain exceptions.
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, 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 716. 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 717. 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 718. Language is included prohibiting the use of
funds for propaganda and publicity purposes not authorized by
Congress.
Section 719. Language is included directing agency
employees to use official time in an honest effort to perform
official duties.
Section 720. Language is included allowing the use of funds
to finance an appropriate share of the Federal Accounting
Standards Advisory Board.
Section 721. Language is included allowing the transfer of
funds to the General Services Administration to finance an
appropriate share of various government-wide boards and
councils and for Federal Government Priority Goals under
certain conditions.
Section 722. 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 723. 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.
Section 724. Language is included requiring documents
involving the distribution of Federal funds to indicate the
agency providing the funds and the amount provided.
Section 725. 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 726. Language is included requiring health plans
participating in the Federal Employees Health Benefits Program
to provide contraceptive coverage and provides exemptions to
certain religious plans.
Section 727. Language is included supporting strict
adherence to anti-doping activities.
Section 728. 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 729. Language is included the prohibits the
implementation of OPM regulations limiting detailees to the
legislative branch and placing certain limitations on the Coast
Guard Congressional Fellowship program.
Section 730. Language is included restricting the use of
funds for Federal law enforcement training facilities.
Section 731. 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.
Section 732. 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 733. 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 734. 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 735. Language is included prohibiting funds for the
painting of a portrait of an employee of the Federal government
including the President, the Vice President, a Member of
Congress, the head of an executive branch agency, or the head
of an office of the legislative branch.
Section 736. Language is included limiting the pay
increases of certain prevailing rate employees.
Section 737. Language is included requiring agencies to
submit reports to Inspectors General concerning expenditures
for agency conferences.
Section 738. Language is included prohibiting funds to be
used to increase, eliminate, or reduce funding for a program or
project unless such change is made pursuant to reprogramming or
transfer provisions.
Section 739. Language is included prohibiting agencies from
using funds to implement regulations changing the competitive
areas under reductions-in-force for Federal employees.
Section 740. Language is included that prohibits the use of
funds for a public-private competition regarding the conversion
to contractor performance of any function performed by civilian
Federal employees.
Section 741. Language is included ensuring contractors are
not prevented from reporting waste, fraud, or abuse by signing
confidentiality agreements that would prohibit such disclosure.
Section 742. Language is included prohibiting the
expenditure of funds for the implementation of certain
nondisclosure agreements unless certain provisions are included
in the agreements.
Section 743. Language is included prohibiting funds to any
corporation with certain unpaid Federal tax liabilities unless
an agency has considered suspension or debarment of the
corporation and made a determination that further action is not
necessary to protect the interests of the Government.
Section 744. Language is included prohibiting funds to any
corporation that was convicted of a felony criminal violation
within the preceding 24 months unless an agency has considered
suspension or debarment of the corporation and made a
determination that further action is not necessary to protect
the interests of the Government.
Section 745. Language is included requiring the Bureau of
Consumer Financial Protection to notify certain Committees of
requests for a transfer of funds from the Federal Reserve
System and to post any such notifications on the Bureaus
website.
Section 746. Language is included addressing possible
technical scorekeeping differences for fiscal year 2021 between
the Office of Management and Budget and the Congressional
Budget Office.
Section 747. Language is included that eliminates pay for
the Vice President and certain senior political appointees.
Section 748. Language is included related to the
impoundment of resources.
Section 749. Language is included requiring an executive
agency or the District of Columbia Government to respond to
information requests from the Government Accountability Office.
Section 750. Language is included on the notification of
apportionments.
Section 751. Language is included addressing collective
bargaining agreements.
Section 752. Language is included prohibiting the use of
funds to exclude or implement the exclusion for coverage under
the Federal Service Labor-Management Relations Statute.
Section 753. Language is included restricting funds from
preventing certain union activities.
Section 754. Language is included to create a Commission to
review the assigning, modifying, or removing of names,
monuments, statues, public art, historical markers, or other
symbols owned or located on Federal Government property which
are inconsistent with the values of diversity, equity, and
inclusion.
Section 755. Language is included concerning the non-
application of these general provisions to title IV and to
title VIII.
Title VIII--General Provisions--District of Columbia
In addition, the bill provides the following provisions
under this title:
Section 801. Language is included that continues and
modifies a provision establishing reprogramming procedures for
Federal funds.
Section 802. Language is included that continues and
modifies a provision that prohibits the use of Federal funds
for any abortion except in the cases of rape or incest or if
necessary, to save the life of the mother.
Section 803. Language is included prohibiting the
obligation of Federal funds beyond the current fiscal year and
transfers of funds unless expressly provided herein.
Section 804. Language is included providing that not to
exceed 50 percent of unobligated balances from Federal
appropriations for salaries and expenses may remain available
for certain purposes.
Section 805. Language is included appropriating local funds
during fiscal year 2022 if there is an absence of a continuing
resolution or regular appropriation for the District of
Columbia. Funds are provided under the same authorities and
conditions and in the same manner and extent as provided for in
fiscal year 2021.
Section 806. Language is included that modifies a provision
limiting access to the D.C. Tuition Assistance Grant program to
families with a taxable annual income of less than $750,000
subject to inflation as measured by the Consumer Price Index.
Section 807. Language is included that concerns a
``conscience clause'' on legislation that pertains to
contraceptive coverage by health insurance plans.
Section 808. Language is included providing the District of
Columbia authority to transfer, receive, and acquire lands and
funding it deems necessary for the construction and operation
of interstate bridges over navigable waters, including related
infrastructure, for a project to expand commuter and regional
passenger rail service and provide bike and pedestrian access
crossings.
Section 809. Language is included prohibiting the
federalization of the District of Columbia Metropolitan Police
Department by the President of the United States.
Section 810. Language is included that continues a
provision limiting references to ``this Act'' as referring to
only this title and title IV.
Title IX--Infrastructure
Section 901. Language is included designating certain funds
as emergency.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Program Duplication
No provision of this bill establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Committee Hearings
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress--
The following hearings were used to develop or consider the
Financial Services and General Government Appropriations Act,
2021:
The Subcommittee on Financial Services and General
Government held a hearing on February 26, 2020, entitled
``Judiciary Budget Request for FY 2021''. The Subcommittee
received testimony from:
Honorable John W. Lungstrum, Chair of the Judicial
Conference Committee on the Budget
James C. Duff, Director of the Administrative Office of the
U.S. Courts
The Subcommittee on Financial Services and General
Government held a hearing on March 3, 2020, entitled ``Member
Day Hearing''. The Subcommittee received testimony from:
The Honorable Garret Graves, Member of Congress
The Honorable Peter Visclosky, Member of Congress
The Subcommittee on Financial Services and General
Government held a hearing on March 4, 2020, entitled
``Department of the Treasury Budget Request for FY 2021''. The
Subcommittee received testimony from:
The Honorable Steven Mnuchin, Secretary, U.S. Department of
Treasury
The Subcommittee on Financial Services and General
Government held a hearing on March 10, 2020, entitled ``United
States Office of Management and Budget for FY 2021''. The
Subcommittee received testimony from:
Acting Director of the Office of Management and Budget,
Russ Vought
The Subcommittee on Financial Services and General
Government held a hearing on March 11, 2020, entitled ``Federal
Communications Commission Budget Request for FY2021''. The
Subcommittee received testimony from:
Federal Communications Commission Chairman Ajit Pai
Federal Communications Commission Commissioner Jessica
Rosenworcel
BUDGETARY IMPACT OF THE FY 2021 FINANCIAL SERVICES AND GENERAL
GOVERNMENT APPROPRIATIONS BILL PREPARED IN CONSULTATION WITH THE
CONGRESSIONAL BUDGET OFFICE PURSUANT TO SEC. 308(A), PUBLIC LAW 93-344,
AS AMENDED
COMPARISON WITH BUDGET RESOLUTION
Section 308(a)(1)(A) of the Congressional Budget Act
requires the report accompanying a bill providing new budget
authority to contain a statement comparing the levels in the
bill to the suballocations submitted under section 302(b) of
the Act for the most recently agreed to concurrent resolution
on the budget for the applicable fiscal year.
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
302(b) Allocation This Bill
---------------------------------------------------
Budget Budget
Authority Outlays Authority Outlays
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the bill with Committee allocations
to its subcommittees: Subcommittee on Financial Services
and General Government
Discretionary........................................... 24,779 24,910 24,779 \1\24,841
Mandatory............................................... 23,024 23,016 23,024 \1\23,016
----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior-year budget authority.
NOTE--Consistent with the funding recommended in the bill for disaster relief, in accordance with section
251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985, and after the bill is reported
to the House, the Chairman of the Committee on the Budget will provide a revised section 302(a) allocation
reflecting an additional $143 million in discretionary budget authority and $110 million in associated
outlays. Those adjustments are included in the allocation displayed in this table.
In addition, the amounts in this report do not include $67,040 million in discretionary budget authority and
$1,246 million in associated outlays from amounts provided in this bill that are designated as being for
emergency requirements pursuant to section 251 of the Balanced Budget and Emergency Deficit Control Act of
1985. Further, the amounts in this report do not include an additional $747 million in discretionary outlays
from such funding that was provided by the Families First Coronavirus Response Act (Public Law 116-127), the
CARES Act (Public Law 116-136), and the Paycheck Protection and Health Care Enhancement Act (Public Law 116-
139). Consistent with the Congressional Budget Act of 1974, in the House of Representatives such amounts do
not count against the Committee's allocation.
Five-Year Outlay Projections
In compliance with section 308(a)(1)(B) of the
Congressional Budget and Impoundment Control Act of 1974
(Public Law 93-344), as amended, the following table contains
five-year projections associated with the budget authority
provided in the accompanying bill.
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
Outlays
----------------------------------------------------------------------------------------------------------------
Projection of outlays associated with the recommendation:
2021.................................................... ........... ........... ........... \1\42,033
2022.................................................... ........... ........... ........... 4,378
2023.................................................... ........... ........... ........... 1,095
2024.................................................... ........... ........... ........... 14
2025 and future years................................... ........... ........... ........... -68
----------------------------------------------------------------------------------------------------------------
\1\Excludes outlays from prior-year budget authority.
Financial Assistance to State and Local Governments
In accordance with section 308(a)(1)(C) of the
Congressional Budget Act of 1974, as amended, 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
[In millions of dollars]
------------------------------------------------------------------------
Budget
Authority Outlays
------------------------------------------------------------------------
Financial assistance to State and local 678 \1\196
governments for 2021.........................
------------------------------------------------------------------------
\1\Excludes outlays from prior-year budget authority.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
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 2020 and budget
estimates presented for fiscal year 2021.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
MINORITY VIEWS
We appreciate the collegial and collaborative efforts of
Full Committee Chair Lowey and Subcommittee Chair Quigley in
producing a Financial Services and General Government
Appropriations bill. The bill includes several bipartisan
priorities that support small business development, operations
of the Federal judiciary, drug control programs, and sanctions
enforcement. We are particularly thankful to Chair Quigley for
working with us to address cybersecurity issues to protect
consumers, communications systems and financial markets.
Unfortunately, we are not able to support the bill as
currently drafted. The bill's discretionary allocation is
$24,636,300,000, which is $808,000,000 or three percent above
the fiscal year 2020 level. In addition, the bill includes
$67,040,000,000 in emergency long-term stimulus funding. This
excessive level of emergency spending, which is nearly three
times the size of the discretionary allocation, should not be
included in this annual spending bill. It is also troubling
that Members on our side of the aisle were not consulted in the
development of this emergency spending proposal.
We would also like to point out the irony of providing
billions of dollars of emergency funding to build and renovate
Federal buildings and courthouses, while a countless number of
Federal buildings and courthouses are currently vacant or are
operating at less than capacity as Federal employees are
teleworking and social distancing. We should evaluate this
experience and see how teleworking can reduce our Federal space
inventory instead investing billions more in emergency spending
outside of the budget agreement to expand it.
In addition to the extravagant spending provided in this
bill, we are concerned with several policy provisions the
majority has included. We object to language in the bill
regarding the hiring of certain immigrants by the Federal
government, restrictions on agencies' ability to negotiate
collective bargaining agreements, restrictions on the
Securities and Exchange Commission's proposed rules to improve
the functioning of our markets, and a prohibition on the use of
Treasury Forfeiture Funds for securing our southern border.
We are also disappointed that the bill eliminates
Congressional oversight of District of Columbia local funds and
omits a long-standing prohibition on the use of local District
of Columbia taxpayer funds for abortions.
Unfortunately, the Majority rejected several Republican
amendments offered in the Committee. If passed, these
amendments would have improved the bill by: allowing the Trump
Administration to use Treasury Forfeiture Funds to address
security at the southern border; prohibiting the use of
District of Columbia local funds for abortion; protecting the
integrity of the Federal procurement process; improving
educational opportunities for low income students in the
District of Columbia; protecting our elections from foreign
interference; and helping small businesses get access to
capital.
Last year, we came together on a bipartisan and bicameral
basis and agreed on spending levels and there was a consensus
that controversial issues would not be included. This bill
violates the spirit of that agreement.
Despite our disagreements over the issues discussed above,
we appreciate the Majority's willingness to address Member
priorities in the bill and report. We will continue to work in
good faith with our colleagues as we proceed through the
appropriations process in order to produce a final bill that
Congress can pass and President Trump can sign into law.
Kay Granger.
Tom Graves.
[all]