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110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-207
======================================================================
FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS BILL, 2008
_______
June 22, 2007.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Serrano, from the Committee on Appropriations, submitted the
following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 2829]
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, 2008.
INDEX TO BILL AND REPORT
_______________________________________________________________________
Page number
Bill Report
Planning for essential long-term budget needs.............. --
2
Projects................................................... --
10
Operating plan and reprogramming procedures................ --
11
Relationship with budget offices........................... --
12
Quality of budget documents................................ --
12
Committee hearings......................................... --
12
Program, project, and activity............................. --
13
Title I--Department of the Treasury........................ 2
13
Title II--Executive Office of the President and Funds
Appropriated to the President.......................... 18
32
Title III--The Judiciary................................... 31
42
Title IV--District of Columbia............................. 39
48
Title V--Independent Agencies:
Consumer Product Safety Commission................. 52
53
Election Assistance Commission..................... 53
54
Federal Communications Commission.................. 54
56
Federal Deposit Insurance Corporation.............. 55
58
Federal Election Commission........................ 55
58
Federal Labor Relations Authority.................. 56
58
Federal Trade Commission........................... 56
59
General Services Administration.................... 58
61
Merit Systems Protection Board..................... 69
70
Morris K. Udall Foundation......................... 70
71
National Archives and Records Administration....... 71
71
National Credit Union Administration............... 73
74
Office of Government Ethics........................ 74
75
Office of Personnel Management..................... 74
75
Office of Special Counsel.......................... 78
79
Securities and Exchange Commission................. 78
79
Selective Service System........................... 80
81
Small Business Administration...................... 81
81
United States Postal Service....................... 83
84
United States Tax Court............................ 84
86
Title VI--General Provisions--This Act..................... 84
87
Title VII--General Provisions--Government-wide:
Departments, Agencies, and Corporations................ 93
93
Title VIII--General Provisions, District of Columbia....... 130
96
House of Representatives Report Requirements:
Constitutional authority........................... --
98
Statement of general performance goals and
objectives..................................... --
98
Appropriations not authorized by law............... --
99
Transfers of funds................................. --
101
Compliance with rule XIII, clause 3(e) (Ramseyer
rule).......................................... --
102
Rescissions........................................ --
111
Changes in the application of existing law......... --
111
Comparison with the budget resolution.............. --
122
Five-year outlay projections....................... --
122
Financial assistance to state and local governments --
122
Earmarks........................................... --
123
Full Committee votes............................... --
129
Tabular summary of the bill........................ --
130
Additional Views................................... --
144
Planning for Essential Long-Term Budget Needs
The Committee believes that it is important to plan now for
the long-term strength of the economic and social fabric of the
country. The American people expect and deserve the best
services their government can offer. Unfortunately, over the
past several years government services have become deficient in
many important areas. The American people deserve better.
This bill includes recommendations that will begin to close
the gap between the basic government services that are
currently available and the services that this Nation needs.
The Committee does not have the budgetary resources, nor does
it propose, to close this gap in one year. However, the
Committee believes that sound planning for the future involves
making a down payment today toward better government services
in the future.
The population of the United States has grown by 73 million
people, or 32 percent, since 1980. The census bureau predicts
that, by 2010, the population will be close to 309 million. At
the same time, non-defense discretionary spending has been
severely curtailed. Such spending amounted to 5.2 percent of
the gross domestic product in 1980, whereas it now represents
3.6 percent of GDP. It is not surprising that government is
unable to meet many basic needs in the face of a reduction of
that magnitude.
The programs funded by this bill are an important part of
efforts to provide good government to all Americans, regardless
of economic or social background. In this bill, Congress can
improve the effectiveness and fairness of enforcement of the
payment of tax obligations of those who are responsible for the
tax gap, which is the difference between the taxes that should
be paid and the taxes that are actually paid voluntarily and on
time. The bill can also offer strong regulatory protections for
consumers and investors, encourage financial opportunities for
communities and small businesses, and enhance essential
government services by supporting the people and infrastructure
that provide those services.
CLOSING THE TAX GAP
According to the Internal Revenue Service (IRS), taxpayers
paid about $1.8 trillion in taxes on time in 2001. Research
conducted by the IRS has estimated that the ``tax gap'', or the
difference between total Federal taxes owed and the tax
collections received, was $345 billion for tax year 2001. Once
IRS collection and enforcement actions are taken into account,
the net tax gap is estimated to be $290 billion. Others have
disputed this figure and argued that the actual figure is
higher. In addition to the effect of the tax gap on overall
Federal resources, the very existence of the tax gap stands
contrary to IRS efforts to promote compliance. The Committee
agrees with the assessment of the IRS Oversight Board in its
most recent annual report that ``the tax gap is an injustice to
compliant taxpayers who ultimately are bearing the financial
burden of those who do not pay what they owe, whether
intentionally or not.'' As the IRS National Taxpayer Advocate
noted in her annual report this year, the existence of the tax
gap effectively amounts to a per-taxpayer ``surtax of more than
$2,200 to subsidize noncompliance by others.''
The Government Accountability Office (GAO) has listed
``Enforcement of Tax Laws'' among the items on its latest
``High-risk Series'' (report number GAO-07-310). In this
report, GAO notes that ``enforcement of tax laws is vital to
promote compliance by giving taxpayers confidence that others
are paying their fair share.'' While a commitment to tax law
enforcement is one important way to maximize tax compliance,
the Committee strongly believes that enforcement efforts should
not be disproportionately focused on low-income taxpayers. For
example, it was revealed last year that the IRS had delayed
thousands of tax refunds under the Earned Income Tax Credit
(EITC), and the vast majority of the refund claims were not
fraudulent but were in fact the legitimate EITC claims of
families and individuals. Today, fully 40 percent of all IRS
individual examinations are of EITC claims, even though just 17
percent of individual tax returns claim the EITC. This is
clearly a disproportionate audit focus on the poor. It is all
the more troubling considering a recent finding by GAO with
regard to audits of individuals who use offshore tax havens.
Even in offshore tax haven cases in which agents have seen
signs of tax evasion, the IRS has been either prematurely
ending many of these audits, or even declining to conduct
audits in the first place, in order to comply with the 3-year
statute of limitations on offshore cases.
With regard to its fiscal year 2008 budget request, the
Administration has proposed $291 million in new enforcement
initiatives in its fiscal year 2008 budget request, and the
Treasury Department's fiscal year 2008 budget in brief notes
that ``once the new staff proposed in this request are trained
and gain more experience, the enforcement revenue generated
each year will be $699 million. However, this estimate excludes
the likely larger revenue impact from the deterrence value of
these and other IRS enforcement programs (e.g., criminal
investigations).'' The Committee notes that since $699 million
is obviously a very small portion of the overall tax gap, the
indirect effect of these enforcement initiatives would need to
be quite significant in order to have any appreciable impact on
the overall tax gap. In addition, the Administration has issued
a package of legislative proposals aimed at improving tax
compliance. But these proposals are estimated to raise just $29
billion over 10 years, a mere one percent of the net tax gap.
While a commitment to tax law enforcement is important in
maximizing tax compliance, the Committee believes that a strong
commitment to IRS taxpayer service is equally important. As the
IRS Oversight Board annual report notes, ``Both good customer
service and vigorous enforcement of the tax law benefit
taxpayers. It is not an either/or proposition; both are
necessary for effective tax administration. Good service leads
to fully informed and satisfied taxpayers who understand their
tax obligations and experience few problems when interacting
with the IRS.'' While the Committee applauds the joint efforts
of the IRS, the IRS National Taxpayer Advocate, and the IRS
Oversight Board in developing the recent Congressionally-
mandated Taxpayer Assistance Blueprint (TAB), the Committee
believes that a sustained, long-term commitment to funding and
strengthening IRS taxpayer services must be included in any
strategy for closing the tax gap.
Overall, the Committee believes strongly that the following
priorities must be pursued by this Committee both this year and
in years to come:
Consistent growth in the budget of the Internal
Revenue Service. In his September 2002 ``Report to the IRS
Oversight Board: Assessment of the IRS and the Tax System,''
former IRS Commissioner Charles Rossotti called for a two
percent annual growth in IRS staff together with a 3 percent
annual productivity growth, similar to recommendations made by
the National Commission on Restructuring the IRS in 1997. But
current IRS staff levels are far below what Commissioner
Rossotti argued would be needed to help close the tax gap. The
Commissioner's report noted that due to continued growth in the
IRS workload and the large accumulated backlog of cases, strong
productivity growth alone could not possibly close the
compliance gap. The Committee strongly believes that consistent
staff growth at the IRS merits attention and resources.
Regular research efforts to determine which
taxpayer service and enforcement strategies are important and
effective at closing the tax gap. The Committee agrees with the
assessment of the IRS National Taxpayer Advocate and the IRS
Oversight Board that the IRS must conduct regular, ongoing
research to determine the most effective taxpayer service and
enforcement strategies for reducing the tax gap. While the
Committee is supportive of the Administration's proposal to add
funding for regular research efforts into the base budget of
the IRS, the Committee also agrees with the recommendation of
the IRS Oversight Board that the IRS should develop a long-
range strategic plan for research that goes beyond the IRS
Strategic Plan's 2009 end date. The Committee directs IRS to
work with the IRS National Taxpayer Advocate and the IRS
Oversight Board to develop a 5-year strategic plan for
research. The plan should be delivered to the Committee by no
later than 120 days after the date of enactment of this Act.
Funding and Oversight of IRS Business Systems
Modernization (BSM). The IRS continues to experience occasional
cost overruns and delays associated with its multi-year effort
to modernize its computer systems. Challenges and risks remain,
and BSM continues to remain on the Government Accountability
Office's (GAO) ``high risk list''. Nevertheless, the Committee
believes that the overall BSM effort is much better focused
than it has been in the past. As GAO noted in a report this
year, BSM ``is critical to supporting IRS's taxpayer service
and enforcement goals and reducing the tax gap.'' As long as
the IRS depends on outdated tools to perform its critical
functions, the overall system of tax administration will not be
in a position to effectively address the tax gap. For example,
the IRS Oversight Board report points out that currently
``taxpayers cannot access their own account information
electronically as they can routinely do with their bank, credit
card and mutual fund accounts.'' BSM is critical to allowing
the IRS to perform its tax administration functions at peak
efficiency and effectiveness. The Committee believes that,
notwithstanding the wasted dollars of the past and the
challenges and risks of the present, the BSM program is a vital
part of the future of both service and enforcement efforts. BSM
should be provided sustained funding and close oversight both
this year and in future years in order to fully modernize the
IRS as soon as possible.
PROVIDING FINANCIAL OPPORTUNITY TO DISADVANTAGED AND RURAL COMMUNITIES
The Committee finds that there is a crucial need for
expanding financial services to disadvantaged and rural
communities, in order to reduce the reliance on such high-cost
alternative services such as payday lending. An estimated 22
percent of low-income households lack a bank or credit union
account.
The Subcommittee on Financial Services and General
Government held a hearing earlier this year on the subject of
financial services for disadvantaged communities. Among the
issues discussed at the hearing, two very strong needs were
identified:
Community Development Financial Institutions
(CDFI) Fund. While several government agencies have addressed
this issue, the Treasury CDFI Fund has particularly helped to
expand the availability of credit, capital, and financial
services to underserved communities throughout the Nation. A
community development financial institution, or CDFI, is a
legally-existing entity and a predominantly financing entity
whose primary mission is community development. CDFI's include
banks, credit unions, loan funds, and venture capital funds.
Among CDFI banks and credit unions, one-half offer alternatives
to payday loans, and nearly 40 percent provide check-cashing
services to people who do not have accounts with these
institutions. Yet while the number of certified CDFI's has
increased in recent years, from 468 in 2001 to 774 by the end
of 2006, the annual appropriation provided to the CDFI Fund has
declined during these same years, from $118 million in fiscal
year 2001 down to just $54.5 million in fiscal years 2006 and
2007.
On average, each Federal dollar invested in the CDFI Fund
leverages an additional 27 dollars in non-Federal funds. An
increased appropriation to the CDFI Fund will, among other
things, help provide additional financial and technical
assistance to a larger number of CDFI's throughout the Nation.
This, in turn, will help to further advance the goal of
providing better and lower-cost financial services to
disadvantaged and rural communities in the United States. The
Committee believes strongly that there must be a renewed
commitment over the next several years to providing sufficient
resources to the CDFI Fund to help promote the program's
objectives, including the wider availability of low-cost
financial services.
Financial Education. The need to promote the
importance of saving in financial institutions was identified
by the Chairman of the Board of the National Credit Union
Administration (NCUA), and by the Director of the CDFI Fund,
who testified that ``if you spend 10 hours with a young person
on financial education, it sets them on a path that will do
them well for their entire life . . .'' The Committee has
provided an increase of $200,000 above the request for the
Treasury Department's Office of Financial Education to expand
its activities and to help it provide better leadership over
the National Strategy for Financial Literacy. The Committee has
also provided funding increases for the Internal Revenue
Service (IRS) and the Securities and Exchange Commission (SEC)
for education and financial literacy. The Committee believes
that these activities need ongoing attention and resources, and
that there must be a particular emphasis on the financial
education of students in elementary and high schools.
In addition, as the Director of the CDFI Fund recently
noted in testimony before the Financial Services Appropriations
Subcommittee, CDFI's must participate in financial education
programs in order to receive funding. An increased commitment
of federal resources to the CDFI Fund will lead to a
corresponding increase in financial education efforts. Overall,
the Committee believes strongly that a long-term commitment of
support for financial education efforts is essential throughout
Government, including at Treasury's Office of Financial
Education, the IRS, the SEC, and the CDFI Fund.
Other, less obvious, government efforts also help to reduce
the reliance on high-cost financial services in disadvantaged
communities. For example, a strong ongoing commitment to fund
IRS Business Systems Modernization efforts, together with
strong oversight of those efforts, will help ensure that IRS
computer systems are fully modernized and able to process and
send tax refunds much quicker than is currently the case. The
anticipation of a quicker refund from the IRS can serve to
dissuade low-income taxpayers from seeking to purchase Refund
Anticipation Loans, whose costs often amount to a significant
portion of tax refunds.
STRENGTHENING REGULATORY OVERSIGHT AND ENFORCEMENT
Corporate ethics and accountability have received a lot of
notice in recent years. Headlines regarding financial
accounting scandals, contracting irregularities in Iraq,
insider trading, and dangerous consumer products have caught
the attention of many people concerned about how such problems
erode the confidence of consumers and investors. Over the long-
term, the continuation of these problems will threaten the
economic strength of the Nation. The agencies that are
responsible for deterring such problems must not be asleep at
the switch.
Many businesses and corporations have acknowledged these
problems and have responded by increased standards of corporate
responsibility and self-regulation. However, serious problems
persist among those who place the enhancement of their personal
wealth above social and ethical considerations.
The rigorous enforcement of laws and regulations relating
to consumer protection and securities markets is an important
element in deterring wrongdoing and promoting corporate and
individual responsibility. In this bill, the Committee
recommendations begin to provide the resources that will enable
several critical regulatory and enforcement agencies to better
fulfill their missions. Yet, the funding provided by this bill
must be seen as just a down payment on a renewed effort to give
these agencies the tools they need to strengthen regulatory
oversight and enforcement. In the coming years, the Committee
should view consumer protection as an essential government
service to which more resources can be directed for the benefit
of the American people.
Consumer products. The Consumer Product Safety Commission
(CPSC) is charged with reducing the unreasonable risk of injury
associated with more than 15,000 consumer products. The agency
was involved in 471 product recalls in fiscal year 2006.
However, the most important of the agency's resources--its
people--has been in decline. From a high of 978 in 1980,
staffing declined to 518 by 1994 and is proposed in the
President's budget to be capped at 401 in 2008. The latest
budget cuts come at a time when the CPSC should be preparing
for the future so it can meet new challenges relating to
emerging product technologies. This bill includes increases of
$4,110,000 above fiscal year 2007 and $3,588,000 above the
President's request to support additional staff and information
technology improvements for the Commission.
Fraudulent or misleading commercial practices. The Federal
Trade Commission (FTC) has two vital missions: consumer
protection and maintaining competition. The agency is currently
active in efforts to deter and prosecute credit and financial
fraud, as well as identity theft, and it takes action against
companies that fail to protect sensitive customer data. The FTC
also has authority to act against illegal subprime lending
practices. However, the FTC will need additional tools and
resources in the future to keep up with new challenges, such as
new Internet and other technologies that provide violators with
creative ways to scam the public. The FTC also needs to
maintain a vigorous antitrust program, which benefits consumers
by keeping prices lower through competition. For fiscal year
2008, this bill provides increases of $36,200,000 above fiscal
year 2007 and $7,250,000 above the President's request to
provide additional support for the FTC's activities.
Investor protections. The Securities and Exchange
Commission (SEC) investigated 46 insider trading cases in
fiscal year 2006. The agency also promotes healthy capital
markets and promotes informed decision-making by investors
through corporate compliance with financial disclosure rules.
The complexities of financial markets require that the SEC
recruit and retain individuals who are well-trained and
experienced. There are now over 10,000 publicly traded
companies in the United States. The number of American
households investing in the stock market increased from 15.9
million in 1983 to 56.9 million in 2005, an increase of 258
percent. The Committee is concerned, however, that under-
enforcement of securities laws and regulations would have a
harmful effect on investor confidence and lead to reduced
participation in the markets. The SEC must have sufficient
resources to meet fully its enforcement responsibilities. This
bill includes increases of $15,882,000 above fiscal year 2007
and $3,112,000 above the President's request to enhance the
SEC's enforcement program, as well as to support the investor
education and assistance programs which is the SEC's primary
point of contact with investors who complain about the possible
mishandling of their investments by securities professionals.
The future of telecommunications. The Federal
Communications Commission (FCC) oversees a rapidly changing and
expanding telecommunications environment. The digital age has
revolutionized communication and how the public receives
information. The FCC must keep up with these continuing changes
so it can meet its missions of promoting investment and
competition in the telecommunications industry, protecting
consumers from privacy violations such as the unauthorized use
of phone records, ensuring public safety needs are met, and
promoting Internet access and choice. The bill includes an
increase of $21,718,000 over the current fiscal year to support
these critical activities.
Fines and penalties. The Committee is concerned over the
level of deterrence that is established when civil and criminal
monetary penalties assessed by regulatory agencies are set too
low. When such penalties simply become a cost of doing business
for violators, they cease to be an effective enforcement tool.
The Committee believes that Congress should look at whether
current penalties provide an adequate deterrent to unsafe
products, consumer fraud, deceitful marketing, and inadequate
protection of customer information.
SUPPORTING GOOD GOVERNMENT THROUGH PEOPLE AND INFRASTRUCTURE
A strong Federal workforce needs to exist if government is
to deliver effective services to the American people.
Unfortunately, the Federal workforce has been under attack.
This attack dates to the previous Administration and efforts to
``reinvent'' government and ``right-size'' the workforce.
``Right-sizing'' was a code word for ``downsizing'', and
downsizing often resulted in reduced services for citizens.
The current Administration has taken this concept a step
further by increasing reliance on contractors, cutting back on
the resources--people and money--for basic government services,
and allowing the physical infrastructure of government to
deteriorate. There has been too little emphasis on creating a
workforce that is ``right-skilled'' or on offering the ``right-
services''. These ill-advised policies result in a government
that is distant from the people that it should serve;
government needs to return to being easily accessible and
helpful to all Americans.
In 1980, the Federal civilian workforce totaled 1.2 million
people. Since that time, the population of this Nation has
increased 32 percent, while the number of civilian workers
providing services to those people has declined 13 percent.
That number has declined by 10 percent just since 1994.
The decline in the public's accessibility to government
services is also reflected in the cutting back of locations
throughout the Nation where the public can go for assistance.
Agencies' regional or state offices have been eliminated or
consolidated in order to save a few dollars, but the real
impact is seen in the public's reduced accessibility to
government. For example, the Department of Agriculture's Farm
Service Agency (FSA) closed 418 local offices across the
country from 1995 to 2006 in order to manage its reduced budget
and staff. This forces farmers to either stop using FSA
services or drive many extra miles to visit an office. The
Federal government needs to put resources where they are most
needed to provide the services it offers.
In addition to people, these resources must include
physical infrastructure to support government services. Major
public physical capital investment has declined as a percent of
gross domestic product from 2.8 percent in the mid-1980s to an
estimated 1.5 percent in fiscal year 2008. An example of this
decline can be seen in spending on grants for investments in
community and regional development, which fell 61 percent in
inflation-adjusted terms from fiscal year 1980 to fiscal year
2006.
Government contracting. While the current Administration
likes to take credit for ``reducing'' the size of government,
it has also overseen the largest expansion of a ``hidden
government'' of contractors in the history of the Nation.
Spending on federal contracts has grown by $175 billion under
this Administration and totaled roughly $400 billion in fiscal
year 2006. This makes contracting one of the fastest, if not
the fastest, growing component of the Federal budget. This
trend does not bode well for the future as it becomes harder to
monitor contractor performance and ensure the effective use of
taxpayers' dollars.
It should also be noted that the United States Government
Accountability Office has listed the management of government
contracting as a high-risk area due to weaknesses that were
discovered in the management and oversight of contractors
specifically by the Departments of Defense and Energy, as well
as the National Aeronautics and Space Administration.
Earlier this year, the Committee included in H.R. 1591, the
U.S. Troop Readiness, Veterans' Health and Iraq Accountability
Act, several provisions to address questionable government
contracting practices. These provisions would minimize sole
source contracting and cost-reimbursement contracting, require
public disclosure of the justification for non-competitive
contracts, and improve disclosure of government contractor
overcharges.
The growth of the hidden government is also seen in
persistent efforts to outsource Federal jobs to contractors.
The effectiveness of agencies is measured in part by the Office
of Management and Budget by the number of OMB Circular A-76
competitive sourcing competitions they carry out for tasks
currently performed by Federal employees. However, replacing
Federal workers with contractors raises a host of serious
questions relating to the true cost of the contractors. Such
cost includes the loss of skilled, technical experts in the
Federal workforce who have institutional knowledge and are able
to monitor effectively contractor performance.
A-76 competitions that do not take into account all the
costs of contracting threaten the future viability of the
Federal workforce. This bill addresses this problem by
continuing and strengthening language on public-private
competitions that has been included in recent appropriations
bills.
Projects
Congress has made significant reforms in the way it reviews
funding for the Federal government; reforms which the Committee
takes very seriously as it executes its constitutional
authority. Earmarking or directed spending of Federal dollars
does not begin with Congress. It begins with the Executive
Branch.
The Administration, in selecting projects, goes through a
process that is the functional equivalent of earmarking. When
the Committee reviews the budget request, it goes through a
process of rigorous review and may alter or modify this list to
reflect additional priorities.
The Executive Branch also engages in another practice which
steers or directs money to specific entities or purposes
through a process of contracting out various activities and
services.
In many important work locations, the number of people
working for contractors exceeds the number of Federal employees
in the same building or location. Many of these, in fact, are
non-competitive or sole-sourced. When added together, the
Executive Branch steers or directs far greater spending to
specific projects or corporations than is directed or earmarked
by Congress. And the practice of non-competitive contracting
has exploded in the past five years.
As noted previously, A-76 competitions potentially
outsource Federal workforce responsibilities and result in the
loss of technically skilled Federal workers, institutional
knowledge and effective oversight over worker performance.
Limited-sourcing and sole-sourcing of contracts is another area
that has grown rapidly and is a source of concern. In fiscal
year 2000, 18 percent of the Treasury Department's outside
contracts were not competitively bid. By fiscal year 2006, that
number had risen to 28 percent. In fiscal year 2006, the
Treasury Department awarded more than $1,000,000,000 in
contracts that were not competitively bid.
There is also a higher potential for abuse. The General
Services Administration's (GSA) Office of Inspector General
(IG) and the House Committee on Oversight and Government Reform
continue to investigate the award of a no-bid contract by the
GSA Administrator to a longtime associate. Within two months of
Senate confirmation, the Administrator signed a contract for
$20,000 for a 24-page report promoting the GSA's use of
minority- and women-owned businesses. Issues surrounding this
contract include the lack of competition in the award process,
the drafting of the statement of work by the company, and the
non-disclosure of the Administrator's longstanding business
relationship with the recipient of the contract. The GSA IG
stated in testimony that, ``we are talking about the violation
of key contracting principles--promoting open competition . . .
and avoiding any appearance of personal favoritism in awarding
government business--by the leader of the Government's premier
civilian contracting agency.'' Evidence further suggests that a
number of actions were taken by the head of this company with
the expectation of payment by GSA. While no payment was
ultimately made, nonetheless, this action marks an example of
potential abuses through the use of sole source contracting.
Operating Plan and Reprogramming Procedures
The Committee will continue to evaluate reprogrammings
proposed by agencies. Although reprogrammings may not change
either the total amount available in an account or any of the
purposes for which the appropriation is legally available, they
represent a significant departure from budget plans presented
to the Committee in an agency's budget justifications and
supporting documents, which are the basis of this
appropriations Act.
Section 610 of this Act requires that agencies or entities
funded by the Act notify the Committee and obtain prior
approval from the Committee for any reprogramming of funds
that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds or personnel for any
program, project, or activity for which funds have been denied
or restricted by the Congress; (4) proposes to use funds
directed for a specific activity by either the House or Senate
Committees on Appropriations for a different purpose; (5)
augments existing programs, projects, or activities in excess
of $1,000,000 or 10 percent, whichever is less; (6) reduces
existing programs, projects, or activities by $1,000,000 or 10
percent, whichever is less; or (7) reorganizes offices,
programs, or activities.
Additionally, the Committee expects to be promptly notified
of all reprogramming actions which involve less than the above-
mentioned amounts if such actions would have the effect of
significantly changing an agency's funding requirements in
future years, or if programs or projects specifically cited in
the Committee's reports are affected by the reprogramming.
Reprogrammings meeting these criteria must be approved by the
Committee regardless of the amount proposed to be moved.
Section 610 also directs the agencies funded by this Act to
submit operating plans for the Committee's review within 60
days of the bill's enactment. Each operating plan should
include: (1) a table for each appropriation with a separate
column to display the President's budget request, adjustments
made by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level; (2) a
delineation in the table for each appropriation both by object
class and program, project, and activity as detailed in the
budget appendix for the respective appropriation; and (3) an
identification of items of special congressional interest.
Relationship With Budget Offices
Through the years, the Committee has channeled most of its
inquiries and requests for information and assistance through
the budget offices of the various departments, agencies, and
commissions. The Committee has often pointed to the natural
affinity and relationship between these organizations and the
Committee which makes such a relationship workable. The
Committee reiterates its longstanding position that while the
Committee reserves the right to call upon all offices in the
departments, agencies, and commissions, the primary conjunction
between the Committee and these entities must normally be
through the budget offices. The Committee appreciates all the
assistance received from each of the departments, agencies, and
commissions during the past year. The workload generated by the
budget process is large and growing, and therefore, a positive,
responsive relationship between the Committee and the budget
offices is absolutely essential to the appropriations process.
Quality of Budget Documents
For years, the Committee has directed departments and
agencies to improve the budget justification document quality
and presentation by including relevant and specific budget
information. While the Committee has seen some improvement in a
few submissions, most justifications continue to be filled with
references to the Program Assessment Rating Tool (PART),
drowning in pleonasm, and yet still devoid of useful
information. The Committee strongly encourages the
administration to use a meaningful system of evaluation to
justify proposed program funding levels, as long as the basis
for the evaluations will also be shared with the Committee. The
Committee finds little use for a budget justification which
does not reveal specific details of the measurable indicators
and standards used to evaluate a program's performance,
relevance, or adherence to underlying authorization statute.
Further, the Committee has little patience for secretaries and
administrators who cannot explain the rationale behind a
program's funding level other than ``the PART score,''
``getting to green,'' or ``this is what OMB provided.'' The
Committee welcomes the input from the agencies, and is very
interested in the methodologies used by the administration to
fund various program priorities.
Committee Hearings
The Committee has conducted extensive hearings on the
programs and projects provided for in this bill. Pursuant to
House rules, each of these hearings was open to the public. The
Committee received testimony from agency heads and other
officials of the executive branch in areas under the bill's
jurisdiction, as well as from certain non-government
organizations that participated in these hearings. In addition,
the Committee has considered written material submitted for the
hearing record by private citizens and organizations. The bill
recommendations for fiscal year 2008 have been developed after
careful consideration of all the information available to the
Committee.
Program, Project, and Activity
During fiscal year 2008, for the purposes of the Balanced
Budget and Emergency Deficit Control Act of 1985 (Public Law
99-177), as amended, with respect to appropriations contained
in the accompanying bill, the terms ``program, project, and
activity'' shall mean any item for which a dollar amount is
contained in an appropriations Act (including joint resolutions
providing continuing appropriations) or accompanying reports of
the House and Senate Committees on Appropriations, or
accompanying conference reports and joint explanatory
statements of the committee of conference. This definition
shall apply to all programs for which new budget (obligational)
authority is provided.
TITLE I--DEPARTMENT OF THE TREASURY
Departmental Offices
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2007....................... $216,348,000
Budget request, fiscal year 2008...................... 250,141,000
Recommended in the bill............................... 250,591,000
Bill compared with:
Appropriation, fiscal year 2007................... +34,243,000
Budget request, fiscal year 2008.................. +450,000
The Departmental Offices' function in the Treasury
Department is to provide basic support to the Secretary of the
Treasury, the chief operating executive of the Department. The
Secretary also has a primary role in formulating and managing
the domestic and international tax and financial policies of
the Federal Government. The Secretary's responsibilities funded
by the Salaries and Expenses appropriation include:
recommending and implementing United States domestic and
international economic and tax policy; fiscal policy; governing
the fiscal operations of the Government; maintaining foreign
assets control; managing the public debt; managing development
of financial policy; representing the United States on
international monetary, trade and investment issues; overseeing
Treasury Department overseas operations; directing the
administrative operations of the Treasury Department; and
providing executive oversight of the bureaus within the
Treasury Department. This account also includes funding for the
Office of Professional Responsibility.
COMMITTEE RECOMMENDATION
The Committee recommends $250,591,000 for Departmental
Offices, Salaries and Expenses, $450,000 above the budget
request and $34,243,000 above the amounts provided in fiscal
year 2007. The funding recommendations are made based on
information included in the budget justification. Language is
included allowing the Department to transfer up to 2 percent
between activities upon notification. Transfers may be made in
excess of 2 percent upon approval of the House and Senate
Appropriations Committees. Funds are to be allocated as
follows:
Executive Direction................................... $10,115,000
General Counsel....................................... 9,700,000
Economic Policies and Programs........................ 45,450,000
Financial Policies and Programs....................... 29,069,000
Terrorism and Financial Intelligence.................. 56,475,000
Treasury-wide Management Policies and Programs........ 19,010,000
Administration Programs............................... 80,772,000
The Committee includes in its recommendation $258,000 for
unforeseen emergencies; $5,114,000 for the Treasury-wide
Financial Statement Audit and Internal Control program, which
is available until September 30, 2009; $3,000,000 for
information technology modernization requirements, which is
available until September 30, 2009; $3,000,000 for secure space
requirements, which is available until September 30, 2009;
$2,300,000 available until September 30, 2009, for hiring of
personnel whose work will require a security clearance
investigation in order to perform highly classified work;
$2,100,000 for development and implementation of programs
within the Office of Critical Infrastructure Protection and
Compliance Policy, which is available until September 30, 2010;
and $150,000 for official reception and representation
expenses. The Committee does not agree to the request to merge
the Executive Direction and General Counsel budget activities.
OPERATING PLAN
The Committee directs the Department, upon enactment of the
fiscal year 2008 appropriations Act, to submit an operating
plan for the fiscal year 2008 resources provided to the
Department, including all offices and bureaus, not more than 60
days after enactment. The operating plan must include funding
and FTE levels for all offices and activities by fiscal year
2007 actual, fiscal year 2008 request, and fiscal year 2008
enacted. In addition, the plan must include information on any
initiative, major procurement, and program at the Department.
The operating plan should incorporate input from all senior
level managers of the Department, and once submitted, the final
plan should be made available to those managers.
FINANCIAL EDUCATION
Within the Financial Policies and Programs budget activity,
the Committee provides $900,000 for the Department's Office of
Financial Education, an increase of approximately $200,000 over
the amount assumed in the President's request. The Committee
notes that the Office of Financial Education lends primary
support to the Financial Literacy and Education Commission,
which is charged with developing a National Strategy for
Financial Literacy, in conjunction with 20 Federal agencies, to
improve basic financial literacy and education for all
Americans. A recent report from the Government Accountability
Office (GAO) notes that this strategy is largely descriptive
rather than strategic and lacks certain key characteristics
that are desirable in a national strategy, including clear and
specific goals or performance measures by which to benchmark
progress, an explanation of the resources needed to accomplish
these goals, or a complete discussion of agency roles,
responsibilities, and accountability. GAO recommended that the
Commission (1) incorporate additional elements into the
national strategy to help measure results and ensure
accountability, (2) conduct usability tests of and measure
customer satisfaction with its web site, (3) independently
review for duplication and evaluate the effectiveness of
federal activities, and (4) expand upon current efforts to
cultivate sustainable partnerships with nonprofit and private
entities. The Committee directs the Department to utilize the
additional funding above the request for the Office of
Financial Education to further the office's outreach and
education activities, with a particular emphasis on elementary
and high schools, and to help implement GAO's recommendations.
SUBPRIME LENDING
The Committee notes that significant hardship has come upon
an increased number of low and moderate-income families as a
result of an increase in mortgage defaults and foreclosures,
particularly associated with subprime mortgages. The Committee
notes that last October, financial regulators issued guidance
for alternative mortgage products, and, in March 2007, a
proposed statement for subprime lending. The Committee believes
strongly in the importance of homeownership for low and
moderate-income persons and encourages the Department, in
conjunction with the Office of the Comptroller of the Currency,
the Office of Thrift Supervision, and the Federal Financial
Institutions Examination Council, to further the goal of
preventing defaults and foreclosures, while at the same time
promoting increased homeownership for low and moderate-income
families and individuals.
THE OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE
The Committee recommends $56,475,000 for the Office of
Terrorism and Financial Intelligence, an increase of $250,000
above the President's request and $13,018,000 above amounts
provided in fiscal year 2007. Within the funds for the Office
of Foreign Assets Control, $250,000 is provided for efforts to
reduce the backlog of Freedom of Information Act (FOIA)
requests.
CHARITIES TARGETED FOR FREEZE ACTIONS
While the Committee is supportive of the work of the Office
of Terrorism and Financial Intelligence, the Committee has
concerns with regard to the freezing of assets associated with
charities suspected of having links to terrorist activity.
Support for terrorist activity is unacceptable, and the
Department should continue to exercise its authorities to
disrupt the financing and other support for terrorist activity.
At the same time, the Committee is concerned about the status
of funds given to charities by individual donors who believed
that the funds would be used in good faith and who were unaware
of any suspected links to terrorism. The Committee encourages
the Department to work on ways to ensure that the funds of
these particular donors can be returned to the donors, in the
event of freeze actions taken against the charities.
OFFICE OF FOREIGN ASSETS CONTROL (OFAC) FULL-TIME EQUIVALENT STAFF
The Committee directs the Department to provide, as part of
its Operating Plan, the number of FTEs devoted to the Cuba
sanctions program within the Office of Foreign Assets Control,
as well as the number of FTEs devoted to sanctions programs
directed against Foreign Terrorist Organizations.
SPECIALLY DESIGNATED NATIONALS LIST
The Committee supports the use of the Specially Designated
Nationals (SDN) list as a critical tool in the fight against
terrorism, weapons proliferation, drug trafficking, and other
offenses. At the same time, however, the Committee is also
aware of problems that have arisen as a result of Americans
having names that are similar to the names of individuals on
the SDN list. In many cases, individuals have found themselves
denied mortgages, car loans, or other financial services as a
result of being falsely identified as being on the SDN list.
The Committee urges the Department to continue to work
diligently to educate credit bureaus, banks, and other private
sector entities of the importance of carefully using the
Specially Designated Nationals list to avoid false
identifications.
COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES
The Committee recommendation assumes that $300,000 of the
funds provided for Administration Programs and $640,000 of the
funds provided for Economic Policies and Programs are for
additional staff in support of the work of the Committee on
Foreign Investment in the United States (CFIUS), as requested.
The Committee notes that the CFIUS caseload has grown
dramatically, with 113 cases filed in 2006 and more expected in
2007. The Committee expects the Department to continue to
ensure communication between CFIUS and the Congress and to
continue providing notification to Congress of completed
reviews.
CURRENCY MANIPULATION
The Committee appreciates the efforts of the Treasury
Department in leading the U.S.-China Strategic Economic
Dialogue which is intended to address issues such as the value
of Chinese currency, human rights, energy, intellectual
property rights and other topics. However, the Committee
remains extremely concerned that China's currency is
significantly undervalued as compared to the U.S. dollar
because the Chinese government pegs the yuan to the dollar,
thereby not allowing market forces to determine the true
exchange rate between the two currencies. An undervalued
Chinese currency makes Chinese exports to the U.S. cheaper and
U.S. exports to China more expensive. This has caused job
dislocation in several sectors of the economy and has added to
the growing U.S. trade deficit. While the Committee understands
that China has taken small steps to reform its currency policy,
the Committee remains extremely troubled with the slow pace of
China's currency reforms. The Committee recommendation provides
an increase of $618,000, as requested, to enhance the
Department's international economic policy coordination. With
these additional resources, the Committee expects the
Department to increase its efforts to work with the Chinese
government to immediately implement currency reforms.
TRAVEL CAP
The Committee has not included a travel limitation, which
was $3,000,000 in fiscal years 2006 and 2007. The Committee
remains concerned about politically motivated travel, but
understands that continuing to restrict the travel of all
Treasury offices and bureaus may negatively impact mission
operations. The Committee will continue to monitor travel and
re-evaluate this position at the next appropriate time.
Therefore, the Committee restates the travel report directives
contained in House Report 108-792 and directs the Department to
include the purpose of the reported travel in the quarterly
report. The Committee also continues the direction that the
Secretary shall ensure that a portion of travel funds are made
available to General Schedule employees to support the training
and development of all Departmental Office employees.
Department-Wide Systems and Capital Investments Programs
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2007....................... $30,268,000
Budget request, fiscal year 2008...................... 18,710,000
Recommended in the bill............................... 18,710,000
Bill compared with:
Appropriation, fiscal year 2007................... -11,558,000
Budget request, fiscal year 2008.................. - - -
The Department-wide Systems and Capital Investments
Programs appropriation funds the modernization of Treasury
business processes and increases in Department-wide systems
efficiency through technology investments for systems that
involve more than one Treasury bureau or Treasury's interface
with other governmental agencies.
COMMITTEE RECOMMENDATION
The Committee recommends $18,710,000 for Department-wide
Systems and Capital Investments Programs, the same as the
budget request and $11,558,000 below the amounts provided in
fiscal year 2007. Funds are available until September 30, 2010.
INFORMATION TECHNOLOGY PROJECT MANAGEMENT
The Committee remains concerned about the Department's
track record in executing major information technology
projects. The Committee directs the Department to provide
detailed information regarding all information technology
initiatives and investments, development and implementation
timelines, and costs and savings in the Department's operating
plan.
INFORMATION SECURITY WEAKNESSES
The Committee notes that the Treasury Department has made
progress in moving toward compliance with the requirements of
the Federal Information Security Management Act (FISMA),
particularly in the areas of security awareness training,
specialized information technology training, and systems
inventories. However, an annual independent evaluation of the
Department's information security programs and practices found
deficiencies in non-national security systems that, in the
aggregate, constitute substantial noncompliance with FISMA and
require additional improvements to adequately protect the
information and systems that support Treasury operations. The
Committee expects the Department to work diligently to
implement the recommendations of the independent evaluation,
including improvements to: the Department's security
certification and accreditation process; security awareness
efforts and training; plan of action and milestones (POA&M;)
documents; identification of systems interfaces; security self
assessments; categorizations of systems; configuration
management process; and incident response process.
Office of Inspector General
SALARIES AND EXPENSES
Appropriation, fiscal year 2007....................... $16,957,000
Budget request, fiscal year 2008...................... 18,450,000
Recommended in the bill............................... 18,450,000
Bill compared with:
Appropriation, fiscal year 2007................... +1,493,000
Budget request, fiscal year 2008.................. - - -
The Office of Inspector General provides agency-wide audit
and investigative functions to identify and correct operational
and administrative deficiencies which create conditions for
existing or potential instances of fraud, waste, and
mismanagement. The audit function provides program, contract,
and financial statement audit services. Contract audits provide
professional advice to agency contracting officials on
accounting and financial matters relative to negotiation,
award, administration, repricing, and settlement of contracts.
Program audits review and evaluate all facets of agency
operations. Financial statement audits assess whether financial
statements fairly present the agency's financial condition and
results of operations, the adequacy of accounting controls, and
compliance with laws and regulations. The investigative
function provides for the detection and investigation of
improper and illegal activities involving programs, personnel,
and operations.
COMMITTEE RECOMMENDATION
The Committee recommends $18,450,000 for the Office of
Inspector General, the same as the budget request and
$1,493,000 above the amounts provided in fiscal year 2007. The
bill includes $2,000,000 for official travel expenses, $2,500
for official reception and representation expenses, and up to
$100,000 for unforeseen emergencies.
Treasury Inspector General for Tax Administration
SALARIES AND EXPENSES
Appropriation, fiscal year 2007....................... $132,861,000
Budget request, fiscal year 2008...................... 140,533,000
Recommended in the bill............................... 140,533,000
Bill compared with:
Appropriation, fiscal year 2007................... +7,672,000
Budget request, fiscal year 2008.................. - - -
The Internal Revenue Service (IRS) Restructuring and Reform
Act of 1998 established the Office of Treasury Inspector
General for Tax Administration (TIGTA) and abolished the IRS
Office of the Chief Inspector. TIGTA conducts audits,
investigations, and evaluations to assess the operations and
programs of the IRS and its related entities, the IRS Oversight
Board, and the Office of Chief Counsel. The purpose of those
audits and investigations is as follows: (1) to promote the
economic, efficient, and effective administration of the
nation's tax laws and to detect and deter fraud and abuse in
IRS programs and operations; and (2) to recommend actions to
resolve fraud and other serious problems, abuses, and
deficiencies in these programs and operations.
COMMITTEE RECOMMENDATION
The Committee recommends $140,533,000 for the Treasury
Inspector General for Tax Administration, the same as the
budget request and $7,672,000 above the amounts provided in
fiscal year 2007.
Air Transportation Stabilization Program
(INCLUDING RESCISSION OF FUNDS)
Appropriation, fiscal year 2007....................... - - -
Budget request, fiscal year 2008...................... -$3,600,000
Recommended in the bill............................... -3,600,000
Bill compared with:
Appropriation, fiscal year 2007................... -3,600,000
Budget request, fiscal year 2008.................. - - -
The Air Transportation Stabilization Board (ATSB) was
authorized in the Air Transportation Safety and Stabilization
Act to issue $10,000,000,000 of federal credit instruments to
air carriers. The statute requires the compensation of air
carriers ``for losses incurred by the air carriers as a result
of the terrorist attacks on the United States that occurred on
September 11, 2001,'' and provides among other criteria, that
``such agreement is a necessary part of maintaining a safe,
efficient, and viable commercial aviation system in the United
States.''
COMMITTEE RECOMMENDATION
The Committee recommendation rescinds $3,600,000 in
unobligated balances, as proposed in the President's budget. It
is the Committee's understanding that the Board has met the
requirements established under Public Law 107-42, has one loan
remaining, and expects to complete its activities in fiscal
year 2007.
Financial Crimes Enforcement Network
SALARIES AND EXPENSES
Appropriation, fiscal year 2007....................... $73,216,000
Budget request, fiscal year 2008...................... 85,844,000
Recommended in the bill............................... 83,344,000
Bill compared with:
Appropriation, fiscal year 2007................... +10,128,000
Budget request, fiscal year 2008.................. -2,500,000
The Financial Crimes Enforcement Network (FinCEN) is
responsible for implementing Treasury's anti-money laundering
regulations through administration of the Bank Secrecy Act
(BSA), 31 U.S.C. section 5311, et seq. It also serves as a U.S.
Government source for the systematic collection and analysis of
information to assist in the investigation of money laundering
and other financial crimes. FinCEN supports law enforcement
investigative efforts by Federal, state, local and
international agencies, and fosters interagency and global
cooperation against domestic and international financial
crimes. It also provides U.S. policymakers with strategic
analyses of domestic and worldwide trends and patterns. It
works to prevent money laundering through its regulatory and
outreach programs, including setting policy for and overseeing
BSA compliance by financial institutions, and by providing BSA
training for law enforcement, bankers, and bank regulators.
COMMITTEE RECOMMENDATION
The Committee recommends $83,344,000 for the Financial
Crimes Enforcement Network, $2,500,000 below the budget request
and $10,128,000 above the amounts provided in fiscal year 2007.
Of the amounts provided, $8,955,000 is available until
September 30, 2009, for regulatory support programs, and
$16,340,000 is available until September 30, 2010, for
information technology and special analytical initiatives. The
Committee has not included $2,500,000 in requested funds to
begin implementation of the cross-border wire transfer
initiative. The Committee notes that the Department has still
not made a final determination as to whether to proceed with
this initiative, and that a planned cost-benefit analysis of
the initiative has yet to take place.
PROJECT MANAGEMENT
FinCEN has experienced its share of difficulty in managing
information technology projects. This was especially evident in
last year's failure associated with the project to upgrade the
retrieval and sharing component of BSA Direct. After nearly two
years in development and $15,000,000 spent, FinCEN terminated
the project contract when significant concerns were raised
about schedule delays and project management. The Committee has
included the requested amount of $1,750,000 for improvements to
FinCEN's project management capability and fully expects FinCEN
to avoid future project failures.
Financial Management Service
SALARIES AND EXPENSES
Appropriation, fiscal year 2007....................... $235,381,000
Budget request, fiscal year 2008...................... 235,191,000
Recommended in the bill............................... 234,423,000
Bill compared with:
Appropriation, fiscal year 2007................... -958,000
Budget request, fiscal year 2008.................. -768,000
The Financial Management Service (FMS) is responsible for
the management of Federal finances and the collection of
Federal debt. As the Federal Government's central financial
agent, FMS receives and disburses public monies, maintains
Government accounts, and reports on the status of the
Government's finances. FMS is also accountable for developing
and implementing the most reliable and efficient financial
methods and systems to operate the Government's cash
management, credit management, and debt collection programs.
Pursuant to the Debt Collection Improvement Act of 1996, FMS
became the primary agency for collecting Federal non-tax debt
that is due and owed to the Government and coordinating efforts
to collect debt from those who have defaulted on agreements
with the Federal Government.
COMMITTEE RECOMMENDATION
The Committee recommends $234,423,000 for the Financial
Management Service, $768,000 below the budget request and
$958,000 below the amounts provided in fiscal year 2007. The
Committee notes that not to exceed 50 percent of any end-of-
year balances of budget authority may remain available in
fiscal year 2008 under the terms and conditions of the fiscal
year 2007 enacted bill. The Committee believes, therefore, that
a reduction to the budget request of $768,000 is appropriate to
reflect a minimum level of expected end-of-year balances that
will be available in fiscal year 2008 and will not affect the
operations of the account. Of the funds provided, the Committee
recommends $9,220,000 for information systems modernization
initiatives, which is available until September 30, 2010, and
$2,500 for official reception and representation expenses.
Alcohol and Tobacco Tax and Trade Bureau
SALARIES AND EXPENSES
Appropriation, fiscal year 2007....................... 90,618,000
Budget request, fiscal year 2008...................... 93,515,000
Recommended in the bill............................... 93,515,000
Bill compared with:
Appropriation, fiscal year 2007................... +2,897,000
Budget request, fiscal year 2008.................. - - -
The Alcohol and Tobacco Tax and Trade Bureau (TTB) is
responsible for the enforcement of laws designed to eliminate
certain illicit activities and to regulate lawful activities
relating to distilled spirits, beer, wine and nonbeverage
alcohol products, and tobacco. TTB focuses on collecting
revenue; reducing taxpayer burden and improving service while
preventing diversion; and protecting the public and preventing
consumer deception in certain regulated commodities.
COMMITTEE RECOMMENDATION
The Committee recommends $93,515,000 for the Alcohol and
Tobacco Tax and Trade Bureau, the same as the budget request
and $2,897,000 above the amounts provided in fiscal year 2007.
Within the amount provided, the bill includes up to $6,000 for
official reception and representation expenses and up to
$50,000 for cooperative research and development programs.
United States Mint
UNITED STATES MINT PUBLIC ENTERPRISE FUND
The United States Mint manufactures coins, receives
deposits of gold and silver bullion, and safeguards the Federal
Government's holdings of monetary metals. In 1997, Congress
established the United States Mint Public Enterprise Fund
(Public Law 104-52), which authorized the Mint to use proceeds
from the sale of coins to finance the costs of its operations
and consolidated all existing Mint accounts into a single fund.
Public Law 104-52 also provided that, in certain situations,
the levels of capital investments for circulating coins and
protective services shall factor into the decisions of the
Congress such that those levels compete with other requirements
for funding.
COMMITTEE RECOMMENDATION
The Committee recommends a spending level for capital
investments by the Mint for circulating coinage and protective
services of $33,200,000, the same as the budget request and
$6,432,000 above the fiscal year 2007 spending level. The
following table provides basic information on the revenues,
costs, and products of the Mint for fiscal years 2006 through
2008:
----------------------------------------------------------------------------------------------------------------
Circulating coins Quarters Numismatic/Bullion Protection
----------------------------------------------------------------------------------------------------------------
2006 (Actual):
Number of coins............. 13.1 billion...... 3.0 billion....... 24 million........
Cost of Operations.......... $326 million...... $269 million...... $873 million...... $37 million
Revenue*.................... $520 million...... $752 million...... $1,052 million....
2007 (Est.):
Number of coins............. 12.5 billion...... 2.7 billion....... 24 million........
Cost of Operations.......... $454 million...... $414 million...... $1,044 million.... $38 million
Revenue*.................... $980 million...... $680 million...... $1,050 million....
2008 (Est.):
Number of coins............. 12.4 billion...... 2.7 billion....... 24 million........
Cost of Operations.......... $408 million...... $410 million...... $1,041 million.... $39 million
Revenue*.................... $838 million...... $687 million...... $1,050 million....
Net Revenue (FY 2008)**... $430 million...... $277 million...... $9 million........ ($39) million
----------------------------------------------------------------------------------------------------------------
*Revenue estimates here are shown as the face value of circulating coins and quarters, and the sales of
numismatic/bullion coins. In budgetary terms, this corresponds to the total earned revenues plus total other
financing sources.
**Net Revenue shown here is calculated as the difference between Revenue and Cost of Operations in FY 2008. In
budgetary terms, this represents circulating coinage seigniorage and numismatic program profit.
Bureau of the Public Debt
ADMINISTERING THE PUBLIC DEBT
Appropriation, fiscal year 2007....................... $180,623,000
Budget request, fiscal year 2008...................... 182,871,000
Recommended in the bill............................... 182,871,000
Bill compared with:
Appropriation, fiscal year 2007................... +2,248,000
Budget request, fiscal year 2008.................. - - -
The Bureau of the Public Debt is responsible for the
conduct of all public debt operations and the promotion of the
sale of U.S. securities.
COMMITTEE RECOMMENDATION
The Committee recommends $182,871,000 for Administering the
Public Debt, the same as the budget request and $2,248,000
above the amounts provided in fiscal year 2007. Of this amount,
the Committee recommends $2,500 for official reception and
representation expenses, and $2,000,000 for systems
modernization, which is available until September 30, 2010.
Language is included that reduces the total amount by no more
than $10,000,000 as definitive security issue fees and Treasury
Direct Investor Account Maintenance fees are collected.
Community Development Financial Institutions Fund Program Account
Appropriation, fiscal year 2007....................... $54,506,000
Budget request, fiscal year 2008...................... 28,557,000
Recommended in the bill............................... 100,000,000
Bill compared with:
Appropriation, fiscal year 2007................... 45,494,000
Budget request, fiscal year 2008.................. 71,443,000
The Community Development Financial Institutions (CDFI)
Fund provides grants, loans, equity investments, and technical
assistance to new and existing community development financial
institutions such as community development banks, community
development credit unions, and housing and microenterprise loan
funds. Recipients use the funds to support mortgage, small
business and economic development lending in underserved and
distressed neighborhoods and to support the availability of
financial services in these neighborhoods. The Fund is also
responsible for implementation of the Community Renewal Tax
Relief Act of 2000.
COMMITTEE RECOMMENDATION
The Committee recommends $100,000,000 for the CDFI Fund
program, $71,443,000 above the budget request and $45,494,000
above the amounts provided in fiscal year 2007. Of the funds
provided, $13,500,000 is for administrative costs of the
program. The Committee directs that the Bank Enterprise Award
(BEA) program be funded at not less than $14,000,000.
The Committee notes that poverty, lack of economic
opportunity, and lack of low-cost financial services continue
to be problems across much of the Nation, particularly in many
Hispanic-American, African-American, and Native American
communities. The Committee appreciates the ongoing efforts of
the CDFI Fund to work to remedy the particular problems in
these communities and strongly encourages the CDFI Fund to
continue to place a heavy emphasis on these efforts.
Bureau of Engraving and Printing
The Bureau of Engraving and Printing (BEP) designs,
manufactures, and supplies Federal Reserve notes, various
public debt instruments, as well as most evidences of a
financial character issued by the U.S., such as postage and
internal revenue stamps. The BEP also executes certain
printings for various territories administered by the U.S.,
particularly postage and revenue stamps.
The operations of the BEP are financed by a revolving fund
established in accordance with the provisions of Public Law 81-
656, August 4, 1950 (31 U.S.C. 181), which requires the BEP to
be reimbursed by customer agencies for the costs of all
manufacturing products and services performed. The BEP is also
authorized to assess amounts to acquire capital equipment and
provide for working capital needs. The anticipated work volume
is based on estimates of requirements submitted by agencies
served. The following table summarizes BEP revenue and expense
data for fiscal years 2006 through 2008:
------------------------------------------------------------------------
FY 2006 FY 2007 FY 2008
Description --------------------------------------
Actual Estimated Estimated
------------------------------------------------------------------------
Revenue:
Federal Reserve Notes........ $467,000 $550,000 $596,000
Postage Stamps............... 3,000 - - - - - -
Other Security Products & 7,000 6,000 6,000
Services....................
Total Revenue.................... $447,000 $556,000 $602,000
Cost of operations............... $486,000 $556,000 $602,000
Net Revenue (to Treasury)*....... ($9,000) - - - - - -
------------------------------------------------------------------------
*The loss of $9 million in FY 2006 was planned and funded out of working
capital.
Internal Revenue Service
TAXPAYER SERVICES
Appropriation, fiscal year 2007....................... $2,138,238,000
Budget request, fiscal year 2008...................... 2,103,089,000
Recommended in the bill............................... 2,155,000,000
Bill compared with:
Appropriation, fiscal year 2007................... +16,762,000
Budget request, fiscal year 2008.................. +51,911,000
The Taxpayer Services appropriation provides for taxpayer
services, including forms and publications; processing tax
returns and related documents; filing and account services;
taxpayer advocacy services; and assisting taxpayers to
understand their tax obligations, correctly file their returns,
and pay taxes due in a timely manner.
COMMITTEE RECOMMENDATION
The Committee recommends $2,155,000,000 for Taxpayer
Services, an increase of $51,911,000 above the amounts provided
in the President's request, and $16,762,000 above amounts
provided in fiscal year 2007. Of the funds provided, the
Committee recommends $8,000,000 for low-income taxpayer clinic
grants and up to $4,100,000 for the Tax Counseling for the
Elderly Program. The Committee has also included not less than
$179,600,000 for operating expenses of the Taxpayer Advocate
Service, an increase of $9,317,000 above the amount assumed in
the President's request.
In addition, the Committee has provided increases over the
President's request in the following areas: (1) $71,500,000 for
Pre-filing Services Management, an increase of $6,194,000 above
the amount assumed in the President's request; (2) $127,500,000
for Taxpayer Communications and Education, an increase of
$12,827,000 above the amount assumed in the President's
request. The Committee directs that this increase be directed
toward the development and management of educational programs,
partnerships with stakeholder groups, and the dissemination of
tax information to taxpayers and the general public through a
variety of media; (3) $70,000,000 for Media and Publications,
an increase of $5,253,000 above the amount assumed in the
President's request; and (4) $165,228,000 for Account
Management and Assistance--Field Assistance, an increase of
$18,320,000 above the amount assumed in the President's
request. The Committee directs that this increase be directed
toward face-to-face assistance, education, and compliance
services to taxpayers, including tax return preparation and
answering tax questions.
The Committee directs that all of these increases be added
to the base and included in future-year budget requests.
CONTINUING IMPORTANCE OF IRS TAXPAYER SERVICES
The Committee believes these funding increases are
especially necessary because the IRS has reduced these
activities significantly in recent years. These services are
important in helping individuals and businesses to understand
their tax obligations and to file correct tax returns. While
the IRS notes that an increasing amount of these services are
being provided as a result of various volunteer efforts,
including Volunteer Income Tax Assistance (VITA) sites, Tax
Counseling for the Elderly (TCE) sites, and others, the
Committee believes that this should not serve as a
justification to reduce IRS services in these areas. Volunteer
services should supplement, not replace, IRS services. The
Committee notes that the IRS Oversight Board and the IRS
National Taxpayer Advocate have both stressed the continued
importance of IRS services related to outreach and education,
and the IRS National Taxpayer Advocate has additionally
stressed the importance of maintaining IRS assistance in
preparing tax returns.
The Committee directs IRS to strengthen, improve, and
expand taxpayer service. In recent years, the IRS has made an
attempt to close 68 Taxpayer Assistance Centers and to reduce
telephone service operating hours, while at the same time
eliminating other IRS services such as Telefile. These services
are important to taxpayers, particularly those with low incomes
who often lack Internet access. At the same time, taxpayer
services that seem expensive for the IRS to maintain, such as
Taxpayer Assistance Centers, may actually pay for themselves by
helping taxpayers to comply with their tax obligations and pay
what they owe. According to a survey commissioned by the IRS
Oversight Board, approximately 41 percent of U.S. taxpayer
households contacted the IRS at least once within the last two
years. A reduction in the IRS mission of taxpayer service is
unacceptable.
The Committee is appreciative of the combined efforts of
the IRS, the IRS National Taxpayer Advocate, and the IRS
Oversight Board in crafting the congressionally-mandated
Taxpayer Assistance Blueprint. The IRS is directed to provide
semiannual reports to the Committee, beginning not later than
60 days after the date of enactment, on the status of the
implementation of the Taxpayer Assistance Blueprint. The
Committee further directs that such reports be prepared in
consultation with the IRS National Taxpayer Advocate and the
IRS Oversight Board.
IRS SERVICES FOR LIMITED ENGLISH PROFICIENT TAXPAYERS
The Committee is concerned about the availability of IRS
taxpayer services for taxpayers with limited or no proficiency
in English. In her most recent annual report, the IRS National
Taxpayer Advocate noted that, although 6 percent of taxpayers
do not speak English at home, a significant number of IRS
services, forms, and publications are available only in
English. While the Committee appreciates the progress the IRS
has made in recent years, including efforts to implement a
Spanish-language version of the ``Where's My Refund?'' service,
the Committee shares the Taxpayer Advocate's assessment that
more needs to be done, especially for languages other than
Spanish but also for Spanish-language services. The Committee
directs IRS to improve and expand upon its efforts at non-
English language versions of IRS forms and services, including
Free File.
SCHEDULING APPOINTMENTS AT IRS TAXPAYER ASSISTANCE CENTERS
The Committee is concerned about the findings of an October
2006 TIGTA report that concluded that taxpayers who call local
IRS Taxpayer Assistance Centers (TAC's) are often unable to
schedule appointments to resolve tax issues. While many
taxpayers are able to resolve account issues through other
means, the Committee strongly believes that face-to-face
services must remain available for taxpayers. The Committee is
encouraged that IRS has committed to implementing TIGTA's
recommendations for improving the TAC telephone hotline program
(the 3709 Line Program) and expects IRS to keep the Committee
updated on the status of the improvements.
USER FEE COLLECTIONS
The Committee is concerned about the budget assumption of
$131,000,000 in user fee collections. The budget request
assumes the various appropriations accounts of IRS will be
supplemented by the user fee collections, with $94,500,000 of
the fee collections supplementing the Taxpayer Services
account. The Committee notes that there is risk in assuming
these fee collections will materialize as projected. The IRS is
directed to report to the Committee on a quarterly basis,
beginning not later than 60 days after the date of enactment of
this Act, with updated projections on expected user fees
collections.
DISABLED VETERANS
The Committee appreciates the efforts of the IRS in working
with the Department of Veterans Affairs (VA) to determine the
number of disabled military retirees who have been denied back
tax refunds due to the 3-year statute of limitations. The
Committee directs IRS to: (1) retain the information it has
obtained regarding veterans who have been denied back tax
refunds, and (2) continue to work with the VA to identify
additional cases arising in tax year 2006 of affected veterans
who have been denied back tax refunds due to the 3-year statute
of limitations. The Committee directs IRS to provide an update
on these efforts to the Committee by no later than 90 days
following the date of enactment.
ENFORCEMENT
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2007....................... $4,686,478,000
Budget request, fiscal year 2008...................... 4,925,498,000
Recommended in the bill............................... 4,925,498,000
Bill compared with:
Appropriation, fiscal year 2007................... +239,020,000
Budget request, fiscal year 2008.................. - - -
The Enforcement appropriation provides for the examination
of tax returns, both domestic and international; the
administrative and judicial settlement of taxpayer appeals of
examination findings; technical rulings; monitoring employee
pension plans; determining qualifications of organizations
seeking tax-exempt status; examining tax returns of exempt
organizations; enforcing statutes relating to detection and
investigation of criminal violations of the internal revenue
laws; identifying underreporting of tax obligations; securing
unfiled tax returns; and collecting unpaid accounts.
COMMITTEE RECOMMENDATION
The Committee recommends $4,925,498,000 for Enforcement. Of
the funds provided, the Committee recommends $57,252,000 to
support IRS activities under the Interagency Crime and Drug
Enforcement program and allows up to $10,000,000 to be
transferred to Operations Support for the purposes of the
Interagency Crime and Drug Enforcement program.
THE EARNED INCOME TAX CREDIT
The Committee shares the strong concerns expressed by the
IRS National Taxpayer Advocate about IRS enforcement efforts
targeted at Earned Income Tax Credit (EITC) claimants. While
the Committee believes that fraudulent EITC claims, like other
fraudulent tax claims, should be denied, the Committee also
believes that great care must accompany any enforcement efforts
in the area of EITC claims. Under the IRS Questionable Refund
Program, it was discovered that thousands of legitimate EITC
claims were delayed by multiple months. Such delays impose
tremendous hardships on low-income families and individuals who
depend on the Earned Income Tax Credit refund for a significant
portion of annual income. While the Committee appreciates that
the IRS has moved to place safeguards on its examinations of
EITC claims, the Committee notes that EITC refund claims still
comprise 40 percent of all IRS individual examinations. It is
simply unacceptable for the legitimate EITC refunds of low-
income families and individuals to be delayed. The Committee
expects IRS to make every effort to ensure that delays do not
happen.
OPERATIONS SUPPORT
Appropriation, fiscal year 2007....................... $3,544,835,000
Budget request, fiscal year 2008...................... 3,769,587,000
Recommended in the bill............................... 3,769,587,000
Bill compared with:
Appropriation, fiscal year 2007................... +224,752,000
Budget request, fiscal year 2008.................. - - -
The Operations Support appropriation provides for overall
planning and direction of the IRS, including shared service
support related to facilities services, rent payments,
printing, postage, and security; other support functions that
are considered overhead but essential to the successful
operation of IRS programs including resources for headquarters
management activities, including IRS-wide support for strategic
planning, communications and liaison, finance, human resources,
EEO and diversity; research and statistics of income; and
necessary expenses for information systems and
telecommunication support, including developmental information
systems and operational information systems.
COMMITTEE RECOMMENDATION
The Committee recommends $3,769,587,000 for Operations
Support, the same as the request and $224,752,000 above the
amounts provided in fiscal year 2007. Of the funds provided,
not to exceed $1,600,000 is for the IRS Oversight Board,
$25,000 is for official reception and representation expenses,
$1,000,000 is available until September 30, 2010, for research,
and $75,000,000 is available until September 30, 2009, for
information technology support.
BUDGETARY TREATMENT OF OPERATIONS SUPPORT ACCOUNT
The Committee notes that the IRS, in its fiscal year 2008
budget presentation, has presented its budget request for
Taxpayer Service and Enforcement in two separate sets of
numbers. The first set contains the numbers by appropriation
account. The second set includes higher amounts for both
Taxpayer Service and Enforcement, by combining each one with
portions of the Operations Support appropriation. Under this
second presentation of numbers, Taxpayer Service, for example,
appears to be proposed for an increase relative to fiscal year
2007, whereas in the account-by-account listing of numbers, the
request for Taxpayer Service is proposed to be reduced below
the fiscal year 2007 amount. The IRS is directed to provide the
Committee with additional information on how the requested
funds for Operations Support will be spent. The Committee
expects future budget justifications to include a more thorough
explanation of the budgetary treatment of this account,
including its relationship to service and enforcement.
INFORMATION TECHNOLOGY PROJECTS
The Committee remains concerned with the management of
information technology (IT) projects. While progress has been
made with the Business Systems Modernization (BSM) program, the
IRS must not neglect the non-BSM projects. Mid-filing season
failure of critical non-BSM systems should not and must not
happen. The Committee directs the IRS to review all critical
systems and report to the Committee by October 31, 2007, on any
system problems or risks that could impact the 2008 filing
season, including corrective actions.
In addition, the Committee is troubled by the findings of a
January 2007 TIGTA report showing that the business cases used
to manage and fund specific IRS information technology
investments remain inaccurate and unreliable, resulting in
potential mismanagement and waste of taxpayer dollars. The
Committee notes that TIGTA has provided various recommended
actions to be undertaken by the IRS Chief Information Officer
(CIO), including improvements to oversight, reviews, access
controls, and coordination with Treasury's Capital Planning and
Investment Control office. The Committee is pleased that the
IRS has agreed with TIGTA's recommendations and plans to
complete corrective actions for all recommendations by October
2007. The Committee expects the Commissioner, CIO, and other
senior IRS leadership to continue to work to ensure the
reliability of cost and schedule information associated with
information technology investments.
IRS INFORMATION SECURITY
The Committee notes that, while recent TIGTA and GAO
evaluations found that the IRS has made some progress toward
improving information security, there are still areas of
significant concern. The Committee is particularly troubled by
the findings of TIGTA's March 23, 2007 report that the IRS has
lost at least 490 laptop computers over the last 4 years. The
report noted that ``it is very likely a large number of the
lost or stolen IRS computers contained . . . unencrypted
data'', exposing a significant number of taxpayers to potential
identity theft. The Committee believes that it is absolutely
essential that the IRS work to prevent taxpayer personal
information from becoming compromised. The Committee is
encouraged that the IRS has agreed to implement the
recommendations of TIGTA's report, including recommendations
related to incident response procedures; quantification of the
impact of past incidents; employee awareness and training;
cable locks; encryption checks; systemic disk encryption; boot
process settings; encryption of backup data sent to non-IRS
facilities; and reviews of backup media, access lists, and
physical security.
At the same time, however, the Committee is deeply
disturbed by the findings of a March 30, 2007 GAO report on
information security at IRS, which notes that ``until IRS fully
implements an agencywide information security program that
includes risk assessments, enhanced policies and procedures,
security plans, training, adequate tests and evaluations, and a
continuity of operations process for all major systems, the
financial and sensitive taxpayer information on its systems
will remain vulnerable.'' The Committee expects IRS to work
diligently to implement the recommendations of GAO's report as
quickly as possible.
BUSINESS SYSTEMS MODERNIZATION
Appropriation, fiscal year 2007....................... $212,659,000
Budget request, fiscal year 2008...................... 282,090,000
Recommended in the bill............................... 282,090,000
Bill compared with:
Appropriation, fiscal year 2007................... +69,431,000
Budget request, fiscal year 2008.................. - - -
The Business Systems Modernization appropriation provides
funding to modernize key business systems of the Internal
Revenue Service.
COMMITTEE RECOMMENDATION
The Committee recommends $282,090,000 for Business Systems
Modernization (BSM), the same as the budget request and
$69,431,000 above the amounts provided in fiscal year 2007.
Consistent with previous years, the release of the funds, with
the exception of labor costs, is subject to the approval of a
GAO-reviewed expenditure plan. The Department is directed to
notify the Committee, within seven days, if BSM management
funds are reallocated to the capital asset acquisition program.
The GAO has noted that IRS has made significant progress in
implementing GAO's prior recommendations and improving
modernization management controls and capabilities. However,
two key projects experienced cost overruns during 2006, and
critical controls and capabilities related to requirements
development and management and post-implementation reviews of
deployed BSM projects have not yet been fully implemented. In
addition, more work remains to be done to fully develop a long-
term vision and strategy for completing the BSM program,
including establishing time frames for consolidating and
retiring legacy systems. Future BSM project releases continue
to face significant risks and issues that could impact overall
cost and schedule estimates. The Committee is encouraged that
IRS recognizes this and has developed mitigation strategies.
The Committee expects IRS to work diligently to implement GAO's
recommendations and to immediately report to the Committee any
delays or cost overruns associated with BSM efforts.
INTEGRATED FINANCIAL SYSTEM PROJECT
The Committee notes that the IRS Oversight Board has
expressed support for funding and completing upgrades to the
IRS enterprise-wide Integrated Financial System (IFS). As the
fiscal year 2008 budget report of the IRS Oversight Board
notes, ``the IFS upgrade is needed to ensure that the IRS
remains in compliance with federal accounting and other
financial management requirements.'' The Committee notes that
TIGTA has reported that the IRS lacks a comprehensive,
integrated system that provides accurate, relevant, and timely
financial and operating data describing the performance
measures, productivity, and associated costs of IRS programs.
The Committee directs IRS to report to the Committee, within 60
days of enactment, on plans for upgrades to the Integrated
Financial System.
HEALTH INSURANCE TAX CREDIT ADMINISTRATION
Appropriation, fiscal year 2007....................... $14,856,000
Budget request, fiscal year 2008...................... 15,235,000
Recommended in the bill............................... 15,235,000
Bill compared with:
Appropriation, fiscal year 2007................... +379,000
Budget request, fiscal year 2008.................. - - -
The Health Insurance Tax Credit Administration
appropriation provides contractor support to develop and
administer the advance payment option for the health insurance
tax credit included in Public Law 107-210, the Trade Act of
2002.
COMMITTEE RECOMMENDATION
The Committee recommends $15,235,000 for Health Insurance
Tax Credit Administration, the same as the budget request and
$379,000 above the amount provided in fiscal year 2007.
Administrative Provisions--Internal Revenue Service
(INCLUDING TRANSFER OF FUNDS)
Section 101. The Committee continues a provision that
allows for the transfer of five percent (three percent in the
case of Enforcement) of any appropriation made available to the
IRS to any other IRS appropriation, upon the advance approval
of the Committees on Appropriations.
Section 102. The Committee continues a provision that
requires the IRS to maintain a training program in taxpayer
rights, dealing courteously with taxpayers, and cross-cultural
relations.
Section 103. The Committee continues a provision that
requires the IRS to institute and enforce policies and
procedures that will safeguard the confidentiality of taxpayer
information.
Section 104. The Committee continues a provision that makes
funds available for improved facilities and increased manpower
to provide efficient and effective 800 number help line service
for taxpayers.
Section 105. The Committee includes a provision directing
that not less than $6,822,000,000 shall be available for tax
enforcement and related support activities funding in the
Enforcement and Operations Support accounts, and that an
additional $406,000,000 shall be available for tax enforcement
and related support activities.
Section 106. The Committee includes a provision limiting to
$1,000,000 the amount of funds in this or any other Act that
may be used to enter into, renew, extend, administer,
implement, enforce, provide oversight of, or make any payment
related to any qualified tax collection contract (as defined in
section 6306 of the Internal Revenue Code of 1986). The
Committee seriously questions the efficacy of this program.
Since September 2006, the IRS has been utilizing private debt
collection companies to collect various tax debts, while
allowing the private companies to keep up to 24 percent of all
the tax debt they help collect. The Committee strongly believes
that this giveaway to private debt collectors amounts to a
waste of taxpayer resources; it is money that should be
received into the U.S. Treasury. Indeed, the Commissioner of
Internal Revenue has publicly acknowledged that these cases
could be pursued less expensively by employees of the IRS. The
Committee urges the IRS to study the feasibility of retraining
IRS employees who are losing jobs as a result of the rampdown
of IRS submission processing centers. These employees could
perform the same tasks as the private debt collection company
employees, without the Federal Government having to lose up to
24 percent of the taxes they collect. The Committee directs IRS
to report to the Committee within 30 days of enactment on the
feasibility of retraining IRS employees to handle the cases
that are currently being assigned to private debt collection
companies.
Section 107. The Committee includes a new provision that
extends, through July 23, 2013, the authority of the Secretary
of the Treasury to exercise streamlined critical pay authority
with respect to certain IRS professional positions, as provided
by the Internal Revenue Service Restructuring and Reform Act of
1997 (Public Law 105-206).
Section 108. The Committee includes a new provision that
extends, through July 23, 2013, the authority of the Secretary
of the Treasury with respect to certain IRS personnel
flexibilities relating to recruitment, retention, relocation
incentives, and performance awards, under the Internal Revenue
Service Restructuring and Reform Act of 1997 (Public Law 105-
206).
Section 109. The Committee includes a new provision
transferring from the Office of Management and Budget to the
Office of Personnel Management the authority to fix the rate of
basic pay for IRS positions that have been designated by the
Secretary of the Treasury under streamlined critical pay
authority.
Administrative Provisions--Department of the Treasury
Section 110. The Committee continues a provision that
allows the Department of the Treasury to purchase uniforms,
insurance, and motor vehicles without regard to the general
purchase price limitations, and enter into contracts with the
State Department for health and medical services for Treasury
employees in overseas locations.
Section 111. The Committee continues a provision that
authorizes transfers, up to two percent, between ``Departmental
Offices--Salaries and Expenses'', ``Office of the Inspector
General'', ``Financial Management Service'', ``Alcohol and
Tobacco Tax and Trade Bureau'', ``Financial Crimes Enforcement
Network'', and the ``Bureau of the Public Debt'' appropriations
under certain circumstances.
Section 112. The Committee continues a provision that
authorizes transfer, up to two percent, between the Internal
Revenue Service and the Treasury Inspector General for Tax
Administration under certain circumstances.
Section 113. The Committee continues a provision limiting
funds for the purchase of law enforcement vehicles unless the
purchase is consistent with vehicle management principles.
Section 114. The Committee continues a provision that
prohibits the Department of the Treasury from undertaking a
redesign of the one dollar Federal Reserve note.
Section 115. The Committee continues a provision that
provides for transfers from and reimbursements to ``Financial
Management Service, Salaries and Expenses'' for the purposes of
debt collection.
Section 116. The Committee continues a provision extending
the pay demonstration program.
Section 117. The Committee continues a provision that
requires Congressional approval for the construction and
operation of a museum by the United States Mint.
Section 118. The Committee continues a provision
prohibiting funds in this Act from being used to merge the Mint
and the Bureau of Engraving and Printing without the approval
of the House and Senate committees of jurisdiction.
TITLE II--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO
THE PRESIDENT
These funds provide for the compensation of the President
as well as official expenses of the Executive Office of the
President, as authorized by title 3, United States Code.
Compensation of the President
Appropriation, fiscal year 2007....................... $450,000
Budget request, fiscal year 2008 \1\.................. 450,000
Recommended in the bill............................... 450,000
Bill compared with:
Appropriation, fiscal year 2007................... - - -
Budget request, fiscal year 2008.................. - - -
\1\ Proposed in a consolidated appropriation titled ``The White House''.
These funds provide for the compensation of the President,
including an expense allowance as authorized by 3 U.S.C. 102.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $450,000 for
Compensation of the President, including an expense allowance
of $50,000. These are the same as amounts appropriated in
fiscal year 2007 and the same as requested by the President.
The bill specifies that any unused amount shall revert to the
Treasury consistent with 31 U.S.C. 1552.
White House Office
SALARIES AND EXPENSES
Appropriation, fiscal year 2007....................... $53,616,000
Budget request, fiscal year 2008 \1\.................. 53,156,000
Recommended in the bill............................... 53,156,000
Bill compared with:
Appropriation, fiscal year 2007................... -460,000
Budget request, fiscal year 2008.................. - - -
\1\ Proposed in a consolidated appropriation titled ``The White House''.
The Salaries and Expenses account of the White House Office
supports staff and administrative services necessary for the
direct support of the President, including costs for the
Homeland Security Council.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $53,156,000
for the White House Office, which is $460,000 less than the
fiscal year 2007 level and the same as the Administration's
request. The Committee notes that the White House Office
account had unobligated balances of budget authority in excess
of $6,500,000, or more than 10 percent of its appropriation,
remaining at the end of fiscal years 2005 and 2006. The
Committee expects to be kept fully informed of the reasons for
any significant differences between actual and budgeted
spending.
This account also includes up to $1,500,000 for the Privacy
and Civil Liberties Oversight Board. The Committee is concerned
about the extensive editing made by the Administration to the
first report to Congress of the Board, the motivation for those
edits, and how such editing may be detrimental to the
independence of the Board. The Committee believes that the
Board must have the authority and independence to thoroughly
review, assess, and report accurately on privacy and civil
liberties matters. The Committee strongly urges the
Administration to respect the Board's mission and to refrain
from substantive editing of its work.
Executive Residence at the White House
OPERATING EXPENSES
Appropriation, fiscal year 2007....................... $12,398,000
Budget request, fiscal year 2008 \1\.................. 12,814,000
Recommended in the bill............................... 12,814,000
Bill compared with:
Appropriation, fiscal year 2007................... +416,000
Budget request, fiscal year 2008.................. - - -
\1\ Proposed in a consolidated appropriation titled ``The White House''.
These funds provide for the care, maintenance, and
operation of the Executive Residence, including official and
ceremonial functions of the President.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $12,814,000
for the operating expenses of the Executive Residence, an
increase of $416,000 from the amounts appropriated in fiscal
year 2007 and the same as the amounts requested by the
President. The bill includes the same restrictions on
reimbursable expenses for use of the Executive Residence as
were enacted in fiscal year 2007.
White House Repair and Restoration
Appropriation, fiscal year 2007....................... $1,683,000
Budget request, fiscal year 2008 \1\.................. 1,600,000
Recommended in the bill............................... 1,600,000
Bill compared with:
Appropriation, fiscal year 2007................... -83,000
Budget request, fiscal year 2008.................. - - -
\1\ Proposed in a consolidated appropriation titled ``The White House''.
To provide for the repair, alteration, and improvement of
the Executive Residence at the White House; a separate account
was established in fiscal year 1996 to program and track
expenditures for capital improvement projects at the Executive
Residence at the White House.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $1,600,000 for
White House Repair and Restoration, a decrease of $83,000 below
the amount enacted in fiscal year 2007 and the same as the
amount requested by the President.
Council of Economic Advisers
SALARIES AND EXPENSES
Appropriation, fiscal year 2007....................... $4,032,000
Budget request, fiscal year 2008 \1\.................. 4,118,000
Recommended in the bill............................... 4,118,000
Bill compared with:
Appropriation, fiscal year 2007................... +86,000
Budget request, fiscal year 2008.................. - - -
\1\ Proposed in a consolidated appropriation titled ``The White House''.
The Council of Economic Advisers analyzes the national
economy and its various segments, advises the President on
economic developments, recommends policies for economic growth
and stability, appraises economic programs and policies of the
Federal Government, and assists in preparation of the annual
Economic Report of the President to Congress.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $4,118,000 for
the Council of Economic Advisers, an increase of $86,000 from
the amount enacted in fiscal year 2007 and the same as
requested by the President.
Office of Policy Development
SALARIES AND EXPENSES
Appropriation, fiscal year 2007....................... $3,487,000
Budget request, fiscal year 2008 \1\.................. 3,482,000
Recommended in the bill............................... 3,482,000
Bill compared with:
Appropriation, fiscal year 2007................... -5,000
Budget request, fiscal year 2008.................. - - -
\1\ Proposed in a consolidated appropriation titled ``The White House''.
The Office of Policy Development supports the National
Economic Council and the Domestic Policy Council in carrying
out their responsibilities to advise and assist the President
in the formulation, coordination, and implementation of
economic and domestic policy. The Office of Policy Development
also provides support for other domestic policy development and
implementation activities, as directed by the President.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $3,482,000 for
the Office of Policy Development, a decrease of $5,000 from the
amount enacted in fiscal year 2007 and the same as the request.
National Security Council
SALARIES AND EXPENSES
Appropriation, fiscal year 2007....................... $8,684,000
Budget request, fiscal year 2008 \1\.................. 8,640,000
Recommended in the bill............................... 8,640,000
Bill compared with:
Appropriation, fiscal year 2007................... -44,000
Budget request, fiscal year 2008.................. - - -
\1\ Proposed in a consolidated appropriation titled ``The White House''.
The National Security Council advises the President on the
integration of domestic, foreign, and military policies
relating to national security.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $8,640,000 for
the National Security Council, a decrease of $44,000 from the
amount appropriated in fiscal year 2007 and the same as
requested by the President.
Office of Administration
SALARIES AND EXPENSES
Appropriation, fiscal year 2007....................... $88,643,000
Budget request, fiscal year 2008 \1\.................. 103,110,000
Recommended in the bill............................... 92,829,000
Bill compared with:
Appropriation, fiscal year 2007................... +4,186,000
Budget request, fiscal year 2008.................. -10,281,000
\1\ Proposed in a consolidated appropriation titled ``The White House''.
The Office of Administration is responsible for providing
cost-effective, administrative services to the Executive Office
of the President. These services, defined by Executive Order
12028 of 1977, include financial, personnel, library and
records services, information management systems support, and
general office services.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $92,829,000
for the Office of Administration, an increase of $4,186,000
above the amount appropriated in fiscal year 2007 and a
decrease of $10,281,000 below the amount requested by the
President.
Enterprise services program.--The Committee recommendation
assumes adoption of certain components of the Enterprise
Services Program and fully funds the Office of Administration
as requested except for funds for General Services
Administration (GSA) rental payments for the Office of
Management and Budget (OMB) and the Office of National Drug
Control Policy (ONDCP). The Committee recommends funding for
OMB rent ($7,528,000) and ONDCP rent ($2,753,000) under their
respective headings for ``Salaries and Expenses'' and provides
the same levels of funding as the President's request. The
Committee has provided all miscellaneous costs in the
Enterprise Services Program, as requested.
The Committee recommends funding for all Office of
Administration activities at the requested level for each
activity in fiscal year 2008.
Office of Management and Budget
SALARIES AND EXPENSES
Appropriation, fiscal year 2007....................... $76,714,000
Budget request, fiscal year 2008...................... 70,866,000
Recommended in the bill............................... 78,394,000
Bill compared with:
Appropriation, fiscal year 2007................... +1,680,000
Budget request, fiscal year 2008.................. +7,528,000
The Office of Management and Budget assists the President
in the discharge of budgetary, economic, management, and other
executive responsibilities.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $78,394,000
for the Office of Management and Budget (OMB), an increase of
$1,680,000 above the amount appropriated in fiscal year 2007
and $7,528,000 above the amount requested by the President.
The Committee recommends $7,528,000 under this heading for
rental payments to GSA instead of providing these funds under
the heading ``Office of Administration''.
The Committee recommends a limitation of $3,000 for
reception and representation expenses as requested by the
President.
``E-Government'' initiative.--The Committee notes that it
continues a government-wide general provision that precludes
the use of funds for the ``e-Government'' initiative prior to
consultation with and approval by the Committee on
Appropriations. The Committee continues to be concerned about
OMB using this initiative to force its management priorities on
agencies that would otherwise choose different approaches to
serving the public and other government agencies that are
better tailored to meet the needs of their customers and meet
their statutory requirements. The Committee urges OMB and all
agencies to work directly with the individual appropriations
subcommittees in advance of recommending e-Government transfers
so that approved worthy initiatives can move forward without
disruption.
Federal Transit Benefit Program.--The Committee is very
supportive of the Federal Transit Benefit Program that provides
a subsidy to Federal employees who commute using public
transportation. This program helps reduce traffic congestion
and pollution, while helping Federal employees reduce their
commuting costs. However, the Committee is extremely concerned
with the Government Accountability Office's findings that the
program has ineffective controls, which has resulted in fraud
and abuse by Federal employees in several agencies. The
Committee understands that the Office of Management and Budget
(OMB) has developed guidance for all Federal agencies to
address fraud and abuse in this program. The Committee
appreciates OMB's efforts regarding this issue and directs OMB
to report to the Committee within 180 days of enactment of this
Act on the implementation of this guidance and its
effectiveness in reducing fraud and abuse.
Office of National Drug Control Policy
SALARIES AND EXPENSES
Appropriation, fiscal year 2007....................... $26,766,000
Budget request, fiscal year 2008...................... 23,883,000
Recommended in the bill............................... 26,636,000
Bill compared with:
Appropriation, fiscal year 2007................... -130,000
Budget request, fiscal year 2008.................. +2,753,000
The Office of National Drug Control Policy Reauthorization
Act of 2006 charges the Office of National Drug Control Policy,
established by the Anti-Drug Abuse Act of 1988, with developing
policies, objectives and priorities for the National Drug
Control Program.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $26,636,000
for the Office of National Drug Control Policy (ONDCP), a
decrease of $130,000 from the enacted fiscal year 2007 level
and an increase of $2,753,000 over the President's request.
The Committee recommends $2,753,000 under this heading for
rental payments to GSA instead of providing these funds under
the heading ``Office of Administration''.
The Committee recommends funding to support the requested
level of 123 FTEs.
The Committee continues to be concerned with
methamphetamine production, trafficking and abuse. The
Committee is pleased that ONDCP reports a drop in
methamphetamine use since 2005, as well as declines in
methamphetamine superlab and small toxic lab incidents.
However, according to the National Drug Intelligence Center's
National Drug Threat Assessment 2007, sharp decreases in
domestic methamphetamine production have been offset by
increased production in Mexico for U.S. distribution by Mexican
drug trafficking organizations. The Committee directs ONDCP to
continue its efforts to work with various agencies, such as the
Departments of Justice, State, Homeland Security and Health and
Human Services, along with State and local governments, to
develop and implement strategies to reduce the demand for and
supply of methamphetamine in the U.S.
The Committee directs the ONDCP to report to the Committee,
within 90 days of enactment of this Act, on the aerial
eradication program in Colombia. The report should describe the
financial and managerial responsibilities for the program,
including the degree to which the Colombian government is
participating in these responsibilities. The report should also
include, for the most recent full year of operations: (1) the
average cost of the aerial herbicide spray program per hectare
sprayed, including expenditures for all facets of the spray
operations; (2) the proportion of the sprayed coca crop that is
considered to be damaged or destroyed; (3) the proportion of
the sprayed crop that is considered salvageable for immediate
or eventual harvest; (4) the estimated number of the growers
whose crops are sprayed who will replant coca in any location
within the subsequent six months; and (5) the ratio of the
cumulative area sprayed to the estimated reduction in the
amount of land under coca cultivation compared to the previous
year's estimate, for each department and for the country as a
whole.
The Committee directs the ONDCP to update, within 90 days
of enactment of this Act, the report on the price and purity of
illicit drugs, which was last issued in November 2004. The
updated report should include comparable data analyses as was
included in the previous report, as well as additional data
analysis as appropriate. The report should include the most
recent available data from the System to Retrieve Information
from Drug Evidence (STRIDE) database of the Drug Enforcement
Administration.
Counterdrug Technology Assessment Center
Appropriation, fiscal year 2007....................... $20,000,000
Budget request, fiscal year 2008...................... 5,000,000
Recommended in the bill............................... 10,000,000
Bill compared with:
Appropriation, fiscal year 2007................... -10,000,000
Budget request, fiscal year 2008.................. +5,000,000
Pursuant to title IV of the Office of National Drug Control
Policy Reauthorization Act of 2006, the Counterdrug Technology
Assessment Center serves as the central counterdrug research
and development organization for the United States Government.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $10,000,000
for the Counterdrug Technology Assessment Center, $10,000,000
below the fiscal year 2007 enacted level and an increase of
$5,000,000 over the President's request. Included in the
appropriation is $5,000,000 for supply and demand reduction
research, the same as the President's request, and $5,000,000
for the Technology Transfer Program, which was proposed to be
terminated in the President's request.
High Intensity Drug Trafficking Areas Program
Appropriation, fiscal year 2007....................... $224,730,000
Budget request, fiscal year 2008...................... 220,000,000
Recommended in the bill............................... 226,000,000
Bill compared with:
Appropriation, fiscal year 2007................... +1,270,000
Budget request, fiscal year 2008.................. +6,000,000
The High Intensity Drug Trafficking Areas (HIDTA) Program
was established by the Director of ONDCP pursuant to section
1005 of the Anti-Drug Abuse Act of 1988, and now as
reauthorized by title III of the Office of National Drug
Control Policy Act of 2006 to provide assistance to Federal and
State and local law enforcement entities operating in those
areas most adversely affected by drug trafficking.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $226,000,000
for the HIDTA Program, $1,270,000 above the the fiscal year
2007 level and $6,000,000 above the President's request.
The HIDTA program serves to enhance and coordinate drug
control effects among local, State, and Federal law enforcement
agencies in order to eliminate or reduce drug trafficking, and
the Committee supports a vigorous HIDTA program. To achieve its
mission, the HIDTA program must continue to enhance individual
and national performance and work to develop a system that
enhances the synchronization of drug control efforts.
The Committee includes language requiring that HIDTAs
existing in fiscal year 2008 receive funding at least equal to
the fiscal year 2007 initial allocation level.
The Committee recommendation specifies that not less than
$2,100,000 shall be used for auditing services and related
activities. The Committee understands that within this amount,
ONDCP plans to use $300,000 to $400,000 for the Performance
Management Process (PMP) data collection system, which is in
the final stages of full implementation. ONDCP is directed to
include PMP in the spending plan required under section 202 of
this Act.
The Committee is concerned about the current direction and
management of the Lake County HIDTA, and it believes that a
change in management is needed to ensure the HIDTA's ability to
meet its program goals. The Committee encourages the ONDCP to
appoint a highly qualified Federal official to chair the
Executive Board of the Lake County HIDTA for fiscal year 2008
through fiscal year 2011.
The Committee is also concerned that the Appalachian and
Ohio HIDTAs have not received sufficient funding in the past.
Other Federal Drug Control Programs
Appropriation, fiscal year 2007....................... $192,951,000
Budget request, fiscal year 2008...................... 224,485,000
Recommended in the bill............................... 197,800,000
Bill compared with:
Appropriation, fiscal year 2007................... +4,849,000
Budget request, fiscal year 2008.................. -26,685,000
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $197,800,000
for Other Federal Drug Control Programs, an increase of
$4,849,000 above the enacted fiscal year 2007 level and
$26,685,000 below the President's request.
The Committee recommends funding for the following programs
for fiscal year 2008:
Drug Free Communities................................... $90,000,000
Training and technical assistance for drug court
professionals....................................... 1,000,000
Model Acts.............................................. 1,000,000
Demonstration programs for chronic hard drug users under
community supervision............................... 1,000,000
National Youth Anti-Drug Media Campaign................. 93,000,000
United States Anti-Doping Agency........................ 9,600,000
World Anti-Doping Agency Dues........................... 1,700,000
Performance Measures Development........................ 500,000
The Committee is concerned about the effectiveness of the
National Youth Anti-Drug Media Campaign. According to the
results of a study commissioned by ONDCP and supported by a
Government Accountability Office (GAO) review, there is no
clear evidence that the campaign has resulted in a reduction in
drug use among youth. While the campaign has received praise
for the quality of its advertisements and has won a number of
awards, it is much more important that the campaign is actually
effective in changing the behavior of youth who are susceptible
to drug use, as well as increasing parental monitoring
behavior. The study and the GAO report raise serious questions
on those points. While ONDCP has made changes to the media
campaign since the time of the study, such as the launch of
``Above the Influence'', the Committee cannot justify granting
over a 30 percent increase in funding for the campaign as
requested in the President's fiscal year 2008 budget when these
questions remain. The Committee recommendation reflects a
$6,000,000 reduction below the fiscal year 2007 enacted level.
The Committee directs ONDCP to report to the Committee within
90 days of enactment of this Act with recommendations on the
development of improved and meaningful measurements of the
effectiveness of the media campaign, including measurements
that would indicate how the campaign influences youth and
parent behavior.
The Committee directs ONDCP to maintain funding for non-
advertising services for the Media Campaign at no less than the
fiscal year 2007 amount and to ensure that these activities
continue to include special initiatives designed to reach
Hispanic audiences and engage private sector participation in
the program.
The Committee continues to support efforts to demonstrate
the harmful consequences of using performance-enhancing drugs.
The Committee is encouraged that representatives of major
professional sports leagues, the U.S. Olympic Committee, and
Federal agencies are increasing their collaboration on this
issue. These organizations must continue to strengthen their
commitment to stop performance-enhancing drug use by athletes,
as well as to educate youth on the dangers of such drugs.
Professional sports organizations must work closely with U.S.
Anti-doping Administration (USADA) and other organizations to
educate high school, middle school and grade school children on
the dangers of performance-enhancing drugs.
Unanticipated Needs
Appropriation, fiscal year 2007....................... $990,000
Budget request, fiscal year 2008...................... 1,000,000
Recommended in the bill............................... 1,000,000
Bill compared with:
Appropriation, fiscal year 2007................... +10,000
Budget request, fiscal year 2008.................. - - -
These funds enable the President to meet unanticipated
emergencies in support of the national interest, security, or
defense.
COMMITTEE RECOMMENDATION
The Committee recommends $1,000,000 for unanticipated
needs, an increase $10,000 above the enacted fiscal year 2007
level and the same as the President's request. Expenditures
from this account may be authorized by the President.
Special Assistance to the President and the Official Residence of the
Vice President
SALARIES AND EXPENSES
Appropriation, fiscal year 2007....................... $4,432,000
Budget request, fiscal year 2008...................... 4,432,000
Recommended in the bill............................... 4,432,000
Bill compared with:
Appropriation, fiscal year 2007................... - - -
Budget request, fiscal year 2008.................. - - -
These funds support the official duties and functions of
the Office of the Vice President.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $4,432,000 for
the Office of the Vice President, the same as fiscal year 2007
level and the amount requested by the President.
Operating Expenses
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2007....................... $322,000
Budget request, fiscal year 2008...................... 320,000
Recommended in the bill............................... 320,000
Bill compared with:
Appropriation, fiscal year 2007................... -2,000
Budget request, fiscal year 2008.................. - - -
These funds support the care and operation of the Vice
President's residence and specifically support equipment,
furnishings, dining facilities, and services required to
perform and discharge the Vice President's official duties,
functions and obligations.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $320,000 for
the Operating Expenses of the Vice President's residence, a
decrease of $2,000 below the amount enacted in fiscal year 2007
and the same as requested by the President.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
Section 201. The Committee continues language to permit the
transfer of not to exceed 10 percent of funds from certain
offices within the Executive Office of the President.
Section 202. The Committee includes a provision requiring a
financial plan by the Director of the ONDCP prior to the
obligation of funds in fiscal year 2008.
TITLE III--THE JUDICIARY
The funds recommended by the Committee in title III of the
accompanying bill are for the operation and maintenance of
United States Courts and include the salaries of judges,
magistrates, probation and pretrial services officers, and
supporting personnel and other expenses of the Federal
Judiciary.
In addition to direct appropriations, the Judiciary
collects fees and has various carryover authorities. The
Judiciary uses these non-appropriated funds to offset its
direct appropriation requirements. Consistent with prior year
practices, the Committee expects the Judiciary to submit a
financial plan, allocating all sources of available funds
including appropriations, fee collections, and carryover
balances. The Judiciary should consider this financial plan to
be the baseline for determining if reprogramming notification
is required. The Committee expects the plan to be submitted
within 90 days after enactment of this Act.
The Committee encourages the Judiciary to explore ways to
increase outreach to minority law students with the goal of
increasing the number of minorities in clerkship positions.
Supreme Court of the United States
SALARIES AND EXPENSES
Appropriation, fiscal year 2007....................... $62,576,000
Budget request, fiscal year 2008...................... 66,526,000
Recommended in the bill............................... 66,526,000
Bill compared with:
Appropriation, fiscal year 2007................... +3,950,000
Budget request, fiscal year 2008.................. - - -
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $66,526,000
for fiscal year 2008 for the salaries and expenses of personnel
and the cost of operating the Supreme Court, excluding the care
of the building and grounds. The recommendation is $3,950,000
above the fiscal year 2007 level and is the same as the request
for this account. The recommendation provides inflationary and
other standard adjustments and supports additional five FTE.
For the third year, the Committee has included bill
language making $2,000,000 available until expended for the
purpose of making information technology investments. The
Committee directs the Supreme Court to provide an annual
report, to be included in its budget justification materials,
showing information technology carry-over balances and
describing each expenditure made in the previous fiscal year
and planned expenditures in the budget year.
Care of the Building and Grounds
Appropriation, fiscal year 2007....................... $11,427,000
Budget request, fiscal year 2008...................... 12,201,000
Recommended in the bill............................... 12,201,000
Bill compared with:
Appropriation, fiscal year 2007................... +774,000
Budget request, fiscal year 2008.................. - - -
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $12,201,000
for fiscal year 2008 for personnel and other services relating
to the Supreme Court building and grounds, which is supervised
by the Architect of the Capitol. The recommendation is the same
as the request and $774,000 above the fiscal year 2007 level.
The Committee expects to be informed of any changes to the
scope and projected completion date of the original building
modernization project. Language in the bill allows funds to
remain available until expended.
United States Court of Appeals for the Federal Circuit
SALARIES AND EXPENSES
Appropriation, fiscal year 2007....................... $25,311,000
Budget request, fiscal year 2008...................... 28,538,000
Recommended in the bill............................... 27,976,000
Bill compared with:
Appropriation, fiscal year 2007................... +2,665,000
Budget request, fiscal year 2008.................. -562,000
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $27,976,000
for fiscal year 2008 for the salaries and expenses of the
United States Court of Appeals for the Federal Circuit. The
recommendation is $2,665,000 above the fiscal year 2007
appropriation and $562,000 below the request.
United States Court of International Trade
SALARIES AND EXPENSES
Appropriation, fiscal year 2007....................... $15,825,000
Budget request, fiscal year 2008...................... 16,727,000
Recommended in the bill............................... 16,544,000
Bill compared with:
Appropriation, fiscal year 2007................... +719,000
Budget request, fiscal year 2008.................. -183,000
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $16,544,000
for fiscal year 2008 for the salaries and expenses of the
United States Court of International Trade. The Committee
recommendation is $183,000 below the budget request and
$719,000 above the fiscal year 2007 level. The recommendation
provides inflationary and other standard adjustments.
Courts of Appeals, District Courts, and Other Judicial Services
SALARIES AND EXPENSES
Appropriation, fiscal year 2007....................... $4,476,569,000
Budget request, fiscal year 2008...................... 4,854,455,000
Recommended in the bill............................... 4,660,590,000
Bill compared with:
Appropriation, fiscal year 2007................... +184,021,000
Budget request, fiscal year 2008.................. -193,865,000
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $4,660,590,000
for the operations of the regional courts of appeals, district
courts, bankruptcy courts, the Court of Federal Claims, and
probation and pretrial services offices. The recommendation is
$184,021,000 above the fiscal year 2007 appropriation and
$193,865,000 below the request. The recommendation provides
inflationary and other standard adjustments.
The Committee understands that the Judiciary's staffing,
operations and maintenance, and information technology
resources are allocated to the courts according to formulas
that are approved by the Judicial Conference and equitably
distribute resources based on the workload of each district.
The Committee believes this is the optimal method of making
such allocations and expects the Judiciary to continue to
allocate its resources using this system. The Committee also
expects the Administrative Office to periodically update the
formulas to ensure their accuracy.
VACCINE INJURY COMPENSATION TRUST FUND
Appropriation, fiscal year 2007....................... $3,952,000
Budget request, fiscal year 2008...................... 4,099,000
Recommended in the bill............................... 4,099,000
Bill compared with:
Appropriation, fiscal year 2007................... +147,000
Budget request, fiscal year 2008.................. - - -
COMMITTEE RECOMMENDATION
The Committee recommends a reimbursement of $4,099,000 for
fiscal year 2008 from the Special Fund to cover expenses of the
Claims Court associated with processing cases under the
National Childhood Vaccine Injury Act of 1986. This amount is
$147,000 above the amount available in fiscal year 2007 and
equal to the request.
DEFENDER SERVICES
Appropriation, fiscal year 2007....................... $776,283,000
Budget request, fiscal year 2008...................... 859,834,000
Recommended in the bill............................... 830,499,000
Bill compared with:
Appropriation, fiscal year 2007................... +54,216,000
Budget request, fiscal year 2008.................. -29,335,000
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 (CJA)
for representation in criminal cases.
The Committee recommends an appropriation of $830,499,000
for fiscal year 2008. The recommendation is $54,216,000 above
the fiscal year 2007 level and $29,335,000 below the request.
The recommendation provides inflationary and other standard
adjustments. The recommendation also includes increases for the
expected number of representations for fiscal year 2008 and for
the rate of compensation of panel attorneys from $94 to $100
per hour.
FEES OF JURORS AND COMMISSIONERS
Appropriation, fiscal year 2007....................... $60,945,000
Budget request, fiscal year 2008...................... 62,350,000
Recommended in the bill............................... 62,350,000
Bill compared with:
Appropriation, fiscal year 2007................... +1,405,000
Budget request, fiscal year 2008.................. - - -
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $62,350,000
for payments to jurors, which is $1,405,000 above the fiscal
year 2007 level and the same as the request.
COURT SECURITY
Appropriation, fiscal year 2007....................... $378,663,000
Budget request, fiscal year 2008...................... 421,789,000
Recommended in the bill............................... 396,476,000
Bill compared with:
Appropriation, fiscal year 2007................... +17,813,000
Budget request, fiscal year 2008.................. -25,313,000
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $396,476,000
for Court Security in fiscal year 2008 to provide for necessary
expenses of security and protective services in courtrooms and
adjacent areas. This is an increase of $17,813,000 above the
fiscal year 2007 level and $25,313,000 below the request.
The recommendation provides for inflationary increases, 52
additional court security officers, as well as court security
officers and screening equipment at Probation and Pretrial
Services Offices in leased facilities.
Bill language is included allowing up to $15,000,000 to
remain available until expended.
The Committee wishes to express concern with the quality of
service the Judiciary is receiving from the Federal Protective
Service, which is reimbursed for security services. The
Committee encourages the Judiciary to continue to explore
options with other Federal law enforcement agencies that might
be able to provide these security services.
Administrative Office of the United States Courts
SALARIES AND EXPENSES
Appropriation, fiscal year 2007....................... $72,377,000
Budget request, fiscal year 2008...................... 78,536,000
Recommended in the bill............................... 75,667,000
Bill compared with:
Appropriation, fiscal year 2007................... +3,290,000
Budget request, fiscal year 2008.................. -2,869,000
The Administrative Office of the United States Courts (AO)
provides administrative and management support to the United
States Courts, including the probation and bankruptcy systems.
It also supports the Judicial Conference of the United States
in determining Federal Judiciary policies, in developing
methods to allow the courts to conduct business efficiently and
economically, and in enhancing the use of information
technology in the courts.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $75,667,000
for the salaries and expenses of the AO, which is $3,290,000
above the fiscal year 2007 level and $2,869,000 below the
request.
Federal Judicial Center
SALARIES AND EXPENSES
Appropriation, fiscal year 2007....................... $22,874,000
Budget request, fiscal year 2008...................... 24,835,000
Recommended in the bill............................... 23,994,000
Bill compared with:
Appropriation, fiscal year 2007................... +1,120,000
Budget request, fiscal year 2008.................. -841,000
The Center improves the management of Federal Judicial
dockets and court administration through education for judges
and staff, and research, evaluation, and planning assistance
for the courts and the Judicial Conference.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $23,994,000
for the salaries and expenses of the Federal Judicial Center
for fiscal year 2008, which is $1,120,000 above the fiscal year
2007 level and $841,000 below the request.
Judicial Retirement Funds
PAYMENT TO JUDICIARY TRUST FUNDS
Appropriation, fiscal year 2007....................... $58,300,000
Budget request, fiscal year 2008...................... 65,400,000
Recommended in the bill............................... 65,400,000
Bill compared with:
Appropriation, fiscal year 2007................... +7,100,000
Budget request, fiscal year 2008.................. - - -
These funds cover the estimated annuity payments to be made
to retired bankruptcy judges, magistrate judges, Claims Court
judges, and spouses and dependent children of deceased judicial
officers.
COMMITTEE RECOMMENDATION
The Committee provides $64,500,000 for payments to the
Judicial Officers' Retirement Fund, the Judicial Survivors'
Annuities Fund, and the Claims Court Judges Retirement Fund for
fiscal year 2008. This amount is the same as the budget request
and $7,100,000 above the fiscal year 2007 level. These payments
are considered mandatory for budget scorekeeping purposes.
United States Sentencing Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2007....................... $14,601,000
Budget request, fiscal year 2008...................... 16,191,000
Recommended in the bill............................... 15,477,000
Bill compared with:
Appropriation, fiscal year 2007................... +876,000
Budget request, fiscal year 2008.................. -714,000
The purpose of the Commission is to establish, review, and
revise sentencing guidelines, policies, and practices for the
Federal criminal justice system. The Commission is also
required to monitor the operation of the guidelines and to
identify and report necessary changes to the Congress.
COMMITTEE RECOMMENDATION
The Committee recommends $15,477,000 for the salaries and
expenses of the United States Sentencing Commission for fiscal
year 2008, which is $876,000 above the fiscal year 2007
appropriation and $714,000 below the request.
Administrative Provisions--The Judiciary
Section 301. The Committee continues language to permit
funds in the bill for salaries and expenses for the Judiciary
to be available for employment of experts and consultant
services as authorized by 5 U.S.C. 3109.
Section 302. The Committee continues language that permits
up to 5 percent of any appropriation made available for fiscal
year 2008 to be transferred between Judiciary appropriations
accounts provided that no appropriation shall be decreased by
more than 5 percent or increased by more than 10 percent by any
such transfer except in certain circumstances. In addition, the
language provides that any such transfer shall be treated as a
reprogramming of funds under sections 605 and 610 of the
accompanying bill and shall not be available for obligation or
expenditure except in compliance with the procedures set forth
in that section.
Section 303. The Committee continues language authorizing
not to exceed $11,000 to be used for official reception and
representation expenses incurred by the Judicial Conference of
the United States.
Section 304. The Committee continues language requiring a
financial plan for the Judiciary within 90 days of enactment of
this Act.
Section 305. The Committee includes language extending a
judgeship for Northern Ohio.
TITLE IV--DISTRICT OF COLUMBIA
Federal Payments
Federal Payment for Resident Tuition Support
Appropriation, fiscal year 2007....................... $32,868,000
Budget request, fiscal year 2008...................... 35,100,000
Recommended in the bill............................... 35,100,000
Bill compared with:
Appropriation, fiscal year 2007................... +2,232,000
Budget request, fiscal year 2008.................. - - -
The Resident Tuition Support program was created by the
District of Columbia College Access Act of 1999 to provide
District college-bound students the opportunity to expand their
higher education choices. The program receives its funding
through a Federal appropriation which is deposited into a
dedicated account under the control of the District of Columbia
Chief Financial Officer. These funds are used on behalf of
eligible District of Columbia residents to pay an amount based
upon the difference between in-State and out-of-State tuition
at eligible public and private institutions of higher
education.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $35,100,000
for the resident tuition support program, $2,232,000 above the
fiscal year 2007 appropriation and the same as the budget
request. Of the amounts made available, not more than
$1,200,000 may be used for administrative expenses.
Federal Payment for Emergency Planning and Security Costs
Appropriation, fiscal year 2007....................... $8,533,000
Budget request, fiscal year 2008...................... 3,000,000
Recommended in the bill............................... 3,352,000
Bill compared with:
Appropriation, fiscal year 2007................... -5,181,000
Budget request, fiscal year 2008.................. +352,000
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $3,352,000
for emergency planning and security costs, $5,181,000 below the
fiscal year 2007 appropriation and $352,000 above the budget
request. These funds are for emergency planning and security
costs related to the presence of the Federal government in the
District of Columbia and surrounding jurisdictions.
The Committee acknowledges the unique role of the District
of Columbia National Guard in addressing emergencies that may
occur as a result of the presence of the Federal government and
includes funding of $352,000 for the District of Columbia
National Guard to pay the costs of a tuition assistance program
for guard members who are non-District residents.
The Committee recognizes that emergency planning and
security costs may increase for fiscal year 2009 due to the
Presidential Inauguration in the District of Columbia.
Federal Payment to the District of Columbia Courts
Appropriation, fiscal year 2007....................... $216,723,000
Budget request, fiscal year 2008...................... 213,861,000
Recommended in the bill............................... 256,395,000
Bill compared with:
Appropriation, fiscal year 2007................... +39,672,000
Budget request, fiscal year 2008.................. +42,534,000
The Committee recommends a Federal payment of $256,395,000
for operation of the District of Columbia Courts, $39,672,000
above the fiscal year 2007 appropriation and $42,534,000 above
the budget request. This amount includes $10,800,000 for the
Court of Appeals, $100,543,000 for the Superior Court,
$54,052,000 for the Court System, and $91,000,000 for capital
improvements to courthouse facilities. This level of funding
for capital improvements is meant to provide a one-time
increase to fulfill some of the Court's highest priority needs.
The Committee continues to be concerned over substandard
working conditions for the U.S. Marshals Service at the
District of Columbia Superior Court Cell Block at the Moultrie
Courthouse. The Committee directs the District of Columbia
Courts to report to the Committee, within 60 days of enactment
of this Act, on the plan to upgrade the conditions to an
acceptable level. The Committee strongly encourages the
District of Columbia Courts to incorporate cell block upgrades
as a priority among the other capital requirements that are
funded through this recommendation.
Defender Services in the District of Columbia Courts
Appropriation, fiscal year 2007....................... $43,475,000
Budget request, fiscal year 2008...................... 43,475,000
Recommended in the bill............................... 52,475,000
Bill compared with:
Appropriation, fiscal year 2007................... +9,000,000
Budget request, fiscal year 2008.................. +9,000,000
COMMITTEE RECOMMENDATION
The Committee recommends $52,475,000 for Defender Services
in District of Columbia Courts, $9,000,000 above the fiscal
year 2007 appropriation and $9,000,000 above the budget
request.
The recommendation includes a pay adjustment for defenders
from $65 per hour to $90 per hour to ensure the Courts can
continue to attract qualified attorneys.
Federal Payment to the Court Services and Offender Supervision Agency
for the District of Columbia
Appropriation, fiscal year 2007....................... $179,603,000
Budget request, fiscal year 2008...................... 190,343,000
Recommended in the bill............................... 190,343,000
Bill compared with:
Appropriation, fiscal year 2007................... +10,740,000
Budget request, fiscal year 2008.................. - - -
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $190,343,000
for the Court Services and Offender Supervision Agency (CSOSA),
$10,740,000 above the fiscal year 2007 appropriation and the
same as the budget request. Of the amounts provided,
$140,499,000 is for the Community Supervision Program and
$49,849,000 is for the Pretrial Services Agency, and not to
exceed a total of $560,000 is for information technology
infrastructure enhancement acquisitions. The increase in funds
over the prior year is due to (1) the increased capacity and
operations at Karrick Hall (the District's Re-entry and
Sanctions Center) and (2) an effort to reduce the ratio of
defendants to pretrial services officers from 115:1 to
approximately 75:1.
Federal Payment to the Public Defender Service for the District of
Columbia
Appropriation, fiscal year 2007....................... $31,103,000
Budget request, fiscal year 2008...................... 32,710,000
Recommended in the bill............................... 32,710,000
Bill compared with:
Appropriation, fiscal year 2007................... +1,607,000
Budget request, fiscal year 2008.................. - - -
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $32,710,000
for the Public Defender Service for the District of Columbia
(PDSDC), $1,607,000 above the fiscal year 2007 appropriation
and the same as the budget request. In prior years, PDSDC was
funded as a part of the Court Services and Offender Supervision
Agency (CSOSA).
Federal Payment to the District of Columbia Water and Sewer Authority
Appropriation, fiscal year 2007....................... $6,930,000
Budget request, fiscal year 2008...................... 12,000,000
Recommended in the bill............................... 12,000,000
Bill compared with:
Appropriation, fiscal year 2007................... +5,070,000
Budget request, fiscal year 2008.................. - - -
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $12,000,000
to the District of Columbia Water and Sewer Authority (WASA),
$5,070,000 above the fiscal year 2007 appropriation and the
same as the budget request. These funds are to continue
implementation of the Combined Sewer Overflow Long-Term Plan.
Funds will be matched with by a $7,000,000 payment from WASA
and a $5,000,000 payment from the District of Columbia.
Federal Payment to the Criminal Justice Coordinating Council
Appropriation, fiscal year 2007....................... 1,287,000
Budget request, fiscal year 2008...................... 1,300,000
Recommended in the bill............................... 1,300,000
Bill compared with:
Appropriation, fiscal year 2007................... +13,000
Budget request, fiscal year 2008.................. - - -
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $1,300,000 to
the Criminal Justice Coordinating Council (CJCC), $13,000 above
the fiscal year 2007 appropriation and the same as the budget
request. These funds support initiatives related to the
coordination of Federal and local criminal justice resources in
the District of Columbia. Similar to the prior year, the
Committee directs the CJCC to submit annual performance
measures in an annual report.
Federal Payment to the Office of the Chief Financial Officer of the
District of Columbia
Appropriation, fiscal year 2007....................... $20,000,000
Budget request, fiscal year 2008...................... - - -
Recommended in the bill............................... 6,148,000
Bill compared with:
Appropriation, fiscal year 2007................... -13,852,000
Budget request, fiscal year 2008.................. +6,148,000
The Committee recommends a Federal payment of $6,148,000
for the Chief Financial Officer of the District of Columbia
$13,852,000 below fiscal year 2007 and $6,148,000 above the
request. These funds are for education, environmental, social
service and economic development initiatives in the District of
Columbia. The Committee directs each grantee to submit a
comprehensive budget and a report on the activities to be
carried out with the funds no later than March 15, 2008. The
District CFO will submit a comprehensive report no later than
April 30, 2008, to the Committee on Appropriations highlighting
which grantees did not comply with the reporting requirements.
The Committee requires that any funds to these grantees must be
spent primarily in the District of Columbia to benefit District
residents.
Excel Institute......................................... $250,000
Earth Conservation Corps................................ 231,000
STEEED Youth program.................................... 150,000
Catalyst--Eastgate HOPE VI project...................... 81,000
ARISE Foundation........................................ 231,000
Eastern Market.......................................... 131,000
Howard University College of Dentistry.................. 40,000
Center for Inspired Teaching............................ 40,000
Sitar Center for the Arts............................... 10,000
Menzfit................................................. 10,000
Historic Congressional Cemetery......................... 500,000
Barracks Row............................................ 500,000
Southeastern University................................. 250,000
International Youth Service and Development Corps....... 500,000
Bright Beginnings Inc................................... 100,000
Everybody Wins!......................................... 50,000
Federal Payment for School Improvement
Appropriation, fiscal year 2007....................... $39,600,000
Budget request, fiscal year 2008...................... 40,800,000
Recommended in the bill............................... 40,800,000
Bill compared with:
Appropriation, fiscal year 2007................... +1,200,000
Budget request, fiscal year 2008.................. - - -
The Committee recommends a Federal payment of $40,800,000
for school improvement, $1,200,000 above fiscal year 2007 and
the same as the budget request. These funds are allocated as
follows: $13,000,000 to improve public school education in the
District of Columbia, $13,000,000 to expand quality charter
schools, and $14,800,000 to the Secretary of Education for
opportunity scholarships for low-income children in the
District of Columbia, of which $1,800,000 is for administrative
expenses.
The Committee acknowledges the recent events regarding
management of the schools and looks forward to new direction
for the DCPS under Mayoral supervision. The Committee
encourages the Mayor and associated staff to consider the
structure and composition of the payments for school
improvement into the framework of the DCPS and the Mayor's
policy agenda.
Federal Payment for Consolidated Laboratory Facility
Appropriation, fiscal year 2007....................... $4,950,000
Budget request, fiscal year 2008...................... 10,000,000
Recommended in the bill............................... 10,000,000
Bill compared with:
Appropriation, fiscal year 2007................... +5,050,000
Budget request, fiscal year 2008.................. - - -
COMMITTEE RECOMMENDATION
The Committee recommends a federal payment of $10,000,000
for a consolidated bioterrorism and forensics lab, $5,050,000
above fiscal year 2007 and the same as the budget request. The
Committee requests an updated spending plan from the District
of Columbia on the capital needs of this project.
The Committee encourages the District to explore all
options for Federal funding that may be available to construct
and operate this laboratory.
Federal Payment for Central Library and Branch Locations
Appropriation, fiscal year 2007....................... - - -
Budget request, fiscal year 2008...................... $10,000,000
Recommended in the bill............................... 10,000,000
Bill compared with:
Appropriation, fiscal year 2007................... +10,000,000
Budget request, fiscal year 2008.................. - - -
COMMITTEE RECOMMENDATION
The Committee recommends a payment of $10,000,000, as
requested, for the District of Columbia's capital program for
modernization of neighborhood libraries.
Federal Payment to Reimburse the Federal Bureau of Investigation
Appropriation, fiscal year 2007....................... - - -
Budget request, fiscal year 2008...................... $5,000,000
Recommended in the bill............................... 4,000,000
Bill compared with:
Appropriation, fiscal year 2007................... +4,000,000
Budget request, fiscal year 2008.................. -1,000,000
COMMITTEE RECOMMENDATION
The Committee recommends a payment of $4,000,000 for the
District of Columbia to reimburse the Federal Bureau of
Investigation (FBI) to perform forensics laboratory services
for cases awaiting analysis. The Committee expects that this
funding will be used to expand the resources including
personnel, associated with the examination and DNA analysis for
the District of Columbia cold case backlog. While the Committee
would like to support the advancement of work on cases
involving crimes committed in the District of Columbia, there
is some concern that the District will not actually receive
additional services for this payment to the FBI. The Committee
requests that the District report back 60 days after the end of
fiscal year 2008 on the forensics work that was performed on
behalf of the District, which would not otherwise have been
completed.
District of Columbia Funds
The Committee recommends a total of $9,777,362,000 for the
operating expenses of the District of Columbia as contained in
the fiscal year 2008 proposed budget and financial plan
submitted to the Congress by the Government of the District of
Columbia in June 2007. Of the total, $6,022,444,000 is from
local funds, $2,015,853,000 is from Federal grant funds,
$1,730,503,000 is from other funds, $8,562,000 is from private
funds, and $116,552,000 is from funds previously appropriated
in this Act as Federal payments. In addition, an increase of
$1,595,503,000 is for capital construction projects. The
Committee directs that any changes to the financial plan as
submitted by the District must follow the reprogramming
guidelines.
With the expanded authority to use District funds, the
Committee expects the District government to first and foremost
address capital infrastructure needs.
The Committee commends the DC leadership on the continued
financial health of the District. The past year has brought new
leaders to the District. The Committee expects the current
administration and council to adhere to the same fiscal
discipline and responsibility demonstrated in recent years, and
the sound principles set forth by the Chief Financial Officer.
Consistent with last year's report, the Committee expects the
District government to use the flexible authority allowed in
sections 818, 819, and 820 to first and foremost address
capital infrastructure and other one-time needs.
TITLE V--INDEPENDENT AGENCIES
Consumer Product Safety Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2007....................... $62,728,000
Budget request, fiscal year 2008...................... 63,250,000
Recommended in the bill............................... 66,838,000
Bill compared with:
Appropriation, fiscal year 2007................... +4,110,000
Budget request, fiscal year 2008.................. +3,588,000
The Consumer Product Safety Act established the Consumer
Product Safety Commission (CPSC), an independent Federal
regulatory agency, to reduce unreasonable risk of injury
associated with consumer products. Its primary responsibilities
and overall goals are: to protect the public against
unreasonable risk of injury associated with consumer products;
to develop uniform safety standards for consumer products,
minimizing conflicting State and local regulations; and to
promote research into prevention of product-related deaths,
illnesses, and injuries.
COMMITTEE RECOMMENDATION
The Committee recommends $66,838,000 for fiscal year 2008,
$4,110,000 above fiscal year 2007 and $3,588,000 above the
President's budget request. The Committee is concerned about
the steady reductions in Commission staff over the past several
years. The staffing reductions have placed a strain on the
agency's ability to meet its mission. The Committee rejects the
further reduction of staff proposed in the President's request
and recommends funding sufficient to maintain staff at the
fiscal year 2007 FTE authorized level of 420.
The recommendation includes an additional $1,500,000 above
the request for information technology improvements, including
upgrades to administrative systems and databases. The Committee
is concerned about the state of the CPSC's information
technology systems and their ability to support data collection
and analysis that provides needed information on product-
related injuries and deaths. The Committee directs the CPSC to
include a full report on its information technology
modernization requirements in its fiscal year 2009 budget
request.
The bill also includes language that limits official
reception and representation expenses to no more than $500 in
fiscal year 2008.
The Committee is concerned about the level of civil
penalties the CPSC is able to assess due to violations of the
Consumer Product Safety Act and CPSC regulations. The current
civil penalty is capped at $7,000 for each violation, up to a
maximum penalty of $1,825,000. The Committee believes that this
cap should be either substantially raised or eliminated. Higher
civil penalties will create an incentive for increased
manufacturer compliance and cooperation with the CPSC, as well
as encourage manufacturers to recall products more quickly. The
Committee encourages the CPSC to work with the authorizing
committees of jurisdiction to develop a more effective civil
penalty structure.
Election Assistance Commission
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2007....................... $16,263,000
Budget request, fiscal year 2008...................... 15,467,000
Recommended in the bill............................... 15,467,000
Bill compared with:
Appropriation, fiscal year 2007................... -796,000
Budget request, fiscal year 2008.................. - - -
The Election Assistance Commission (EAC) was established by
the Help America Vote Act of 2002 (HAVA) and is charged with
implementing provisions of that Act relating to the reform of
federal election administration throughout the United States,
including the development of voluntary voting systems
guidelines, the certification and testing of voting systems,
studies of election administration issues, and the
implementation of election reform payments to states as well as
grant programs related to election reform.
COMMITTEE RECOMMENDATION
The Committee recommends $15,467,000 for the EAC, a
decrease of $796,000 below the fiscal year 2007 enacted level
and the same as the budget request. The recommendation also
includes the requested transfer of $3,250,000, a reduction of
$1,700,000 from fiscal year 2007, to the National Institute of
Standards and Technology.
The EAC is charged with one of the most important roles in
our democracy: helping to ensure our elections are fair, free
from tampering, and ultimately, trustworthy. The Committee is
concerned about EAC policies that keep the American people from
important information compiled by the EAC in the course of
conducting research. For example, the EAC commissioned a study
on voter fraud and voter intimidation, yet did not release the
findings of the independent consultants who conducted the
study. The EAC instead released a substantially edited version
of the consultants' work and, in so doing, excluded important
conclusions reached by the consultants. Among the excluded
information is an analysis that undermines the notion that
voter fraud in American elections is rampant. The conclusions
included in such studies may or may not be compelling, but the
American public should be given the opportunity to make that
judgment by having access to the studies.
The Committee strongly encourages the EAC to increase
transparency to ensure that its work is not perceived by the
public as influenced by political considerations. The EAC
should make public all draft reports of independent experts who
have been commissioned to conduct studies of election
administration issues.
The EAC is a small agency with a very limited staff and
budget. As such, the EAC needs to refocus its attention and
resources toward meeting certain core responsibilities under
the Help America Vote Act, including serving as a national
clearinghouse on best practices, further improving and
implementing voluntary voting system guidelines, and directing
a national voting system certification program. More attention
must be given to ensuring the usability, accessibility, and
security of voting systems, as well as the fair, safe, and
nonpartisan administration of elections. By focusing more on
these issues, the EAC will improve its credibility as a trusted
resource for stakeholders in the election community.
ELECTION REFORM PROGRAMS
Appropriation, fiscal year 2007....................... - - -
Budget request, fiscal year 2008...................... - - -
Recommended in the bill............................... $300,950,000
Bill compared with:
Appropriation, fiscal year 2007................... +300,950,000
Budget request, fiscal year 2008.................. +300,950,000
This appropriation provides for election reform
requirements payments to states under the Help America Vote Act
of 2002 and for other grant programs authorized by that Act.
COMMITTEE RECOMMENDATION
The Committee recommendation includes $300,000,000 for
payments to states for carrying out activities to meet the
requirements of HAVA and carry out other activities to improve
the administration of elections. Funds may be used by states to
implement HAVA requirements relating to voting systems, voter
registration, provisional ballots, and other election
administration activities. To receive payments, states will be
required to file updated state plans on the use of funds with
the EAC.
Also included in this recommendation are $750,000 for the
Help America Vote College Program and $200,000 for the National
Student and Parent Mock Election. Both programs are authorized
by the Help America Vote Act. The college program, first
implemented during the 2004 election, recruits and trains young
people in colleges, universities, and community colleges to
serve as nonpartisan pollworkers, helping to address a
nationwide pollworker shortage. The National Student and Parent
Mock Election promotes participation in elections through voter
education activities for students and their parents. Funds for
these activities are provided in support of the 2008 election
cycle.
The Committee encourages the use of voting machines in
student elections. This will allow students, the Nation's
voters of tomorrow, to become familiar with voting processes
and technologies so that when they turn 18, they will be
comfortable with their civic duties. Groups involved in student
elections should work with local election authorities to
promote the use of voting machines by students.
The Committee is concerned that the EAC recently ruled that
HAVA money cannot be used to fund the purchase of HAVA
compliant voting equipment that would replace other voting
equipment purchased with HAVA funds. While the EAC claimed that
such purchases are not ``reasonable'' costs, the Committee
believes that ensuring accurate, reliable, and accessible
voting is more than reasonable; it is essential. The Committee
notes that the technology for voting equipment has improved in
recent years, and states now have more experience with
different technologies. States should have options and the
flexibility to acquire better equipment, including equipment
that will provide a durable, accessible, voter-verified paper
ballot. The Committee believes that the EAC's
``reasonableness'' test is not at all reasonable when it
prevents states from using funds in this manner. Therefore, the
Committee directs the EAC to reconsider its ruling. If the
ruling does not change, Congress should consider a legislative
remedy that will give states the flexibility they need.
Federal Communications Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2007....................... $291,282,000
Budget request, fiscal year 2008...................... 313,000,000
Recommended in the bill............................... 313,000,000
Bill compared with:
Appropriation, fiscal year 2007................... +21,718,000
Budget request, fiscal year 2008.................. - - -
The mission of the Federal Communications Commission (FCC)
is to implement the Communications Act of 1934 in a manner that
promotes competition, innovation, and deregulation in the
communications industry and the availability of high quality
communications services for all Americans.
COMMITTEE RECOMMENDATION
The bill includes total budget authority of $313,000,000
for the salaries and expenses of the FCC for fiscal year 2008,
of which $312,000,000 is to be derived from offsetting
collections, resulting in a direct appropriation of $1,000,000.
The operating level for fiscal year 2008 is $21,718,000 above
the current year and the same as the request.
The Committee recommendation includes bill language,
similar to that included in previous Appropriations Acts, which
allows: (1) up to $4,000 for official reception and
representation expenses; (2) purchase of uniforms and
acquisition of vehicles; (3) special counsel fees; (4)
collection of $312,000,000 in section 9 fees; and (5) the sum
appropriated to be reduced as section 9 fees are collected.
New provisions are also included to: (1) prohibit fees
collected in excess of $312,000,000 from being available for
obligation; and (2) prohibit remaining offsetting collections
from prior years from being available for obligation.
The recommendation includes a $20,980,000 transfer from the
Universal Service Fund (USF) for additional audits and
oversight activities. The recommendation also includes $500,000
in direct appropriations to manage the USF audit program. The
Committee believes that providing these funds to the Office of
Inspector General will result in a stronger and more
independent oversight and audit program. The Committee expects
the FCC to continue to make efforts to eliminate grantee waste,
fraud, and abuse a high priority.
The Committee is concerned about the approaching February
2009 deadline for transition to digital television (DTV) and
the level of awareness in the general public concerning this
deadline. Surveys show that many television viewers have never
seen, read, or heard anything about digital television and the
transition. The Committee is particularly concerned about
viewers in disadvantaged and lower-income communities,
including Hispanic, African American, disabled, and senior
citizen communities, and their preparedness for the transition.
The Committee commends the FCC for recognizing the need to
educate the public regarding the transition and for including a
DTV outreach initiative in its budget. The Committee does not
believe, however, that the $1,500,000 budgeted as an increase
to base for this effort is sufficient. The recommendation
increases this initiative to $2,000,000 so that the FCC can
increase consumer education and outreach.
The Committee is familiar with FCC reports on cable choice
systems and their effects on consumers. The Committee expects
the FCC to keep the Committee fully informed of the
Commission's plans for further research and action in this
area.
The recommendation includes a provision carried in previous
Appropriations Acts, and in the request, limiting the funds
available to administer the spectrum auctions program. The
Committee expects the FCC to continue to refine its cost
accounting system so that all costs, including auction costs,
can be clearly distinguished by activity.
Federal Deposit Insurance Corporation
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2007....................... $30,690,000
Budget request, fiscal year 2008...................... 26,848,000
Recommended in the bill............................... 26,848,000
Bill compared with:
Appropriation, fiscal year 2007................... -3,842,000
Budget request, fiscal year 2008.................. - - -
Funding for the Office of the Inspector General at the
Federal Deposit Insurance Corporation is provided pursuant to
31 U.S.C. 1105(a)(25), which requires a separate appropriation
account for appropriations for each Office of Inspector General
of an establishment defined under section 11(2) of the
Inspector General Act of 1978.
COMMITTEE RECOMMENDATION
The Committee recommendation, the same as the budget
request, provides for the transfer of $26,848,000 from the Bank
Insurance Fund, the Savings Association Insurance Fund, and the
FSLIC Resolution Fund to finance the Office of Inspector
General for fiscal year 2008.
Federal Election Commission
salaries and expenses
Appropriation, fiscal year 2007....................... $54,528,000
Budget request, fiscal year 2008...................... 59,224,000
Recommended in the bill............................... 59,224,000
Bill compared with:
Appropriation, fiscal year 2007................... +4,696,000
Budget request, fiscal year 2008.................. - - -
The Federal Election Commission (FEC) administers the
disclosure of campaign finance information, enforces
limitations on contributions and expenditures, supervises the
public funding of Presidential elections, and performs other
tasks related to Federal elections.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $59,224,000
for the Federal Election Commission (FEC), an increase of
$4,696,000 over the amount appropriated in fiscal year 2007 and
the same as the budget request.
Federal Labor Relations Authority
SALARIES AND EXPENSES
Appropriation, fiscal year 2007....................... $25,372,000
Budget request, fiscal year 2008...................... 23,718,000
Recommended in the bill............................... 23,641,000
Bill compared with:
Appropriation, fiscal year 2007................... -1,731,000
Budget request, fiscal year 2008.................. -77,000
Established by title VII of the Civil Service Reform Act of
1978, the Federal Labor Relations Authority (FLRA) serves as a
neutral arbiter in the labor activities of non-postal Federal
employees, Departments and agencies, and Federal unions on
matters outlined in the Act, including collective bargaining
and the settlement of disputes. Establishment of the FLRA gives
full recognition to the role of the Federal Government as an
employer. Under the Foreign Service Act of 1980, the FLRA also
addresses similar issues affecting Foreign Service personnel by
providing full staff support for the Foreign Service Impasse
Disputes Panel and the Foreign Service Labor Relations Board.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $23,641,000
for the Federal Labor Relations Authority, a decrease of
$1,731,000 below the amount appropriated in fiscal year 2007
and a decrease of $77,000 below the budget request.
Federal Trade Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2007....................... $211,289,000
Budget request, fiscal year 2008...................... 240,239,000
Recommended in the bill............................... 247,489,000
Bill compared with:
Appropriation, fiscal year 2007................... +36,200,000
Budget request, fiscal year 2008.................. +7,250,000
The mission of the Commission is to enforce a variety of
Federal antitrust and consumer protection laws. Under these
laws, the Commission seeks to ensure that the nation's markets
are competitive, function vigorously and efficiently, and are
free from undue governmental and private restrictions. The
Commission also seeks to improve the operation of the
marketplace by eliminating deceptive and unfair practices.
Appropriations for both the Antitrust Division of the
Department of Justice and the Commission are partially financed
with Hart-Scott-Rodino Act pre-merger filing fees.
COMMITTEE RECOMMENDATION
The Committee recommends total budget authority of
$247,489,000 for the salaries and expenses of the Federal Trade
Commission for fiscal year 2008, which is $36,200,000 above the
fiscal year 2007 level and $7,250,000 above the request. The
Committee assumes that $139,000,000 of collections from Hart-
Scott-Rodino premerger filing fees and $20,000,000 of
collections from Do-Not-Call list fees will partially offset
the appropriation requirement for this account.
The Committee recommendation assumes an increase of
$4,500,000 over the request to provide additional support for:
(1) increased subprime lending investigation activities, (2)
the implementation of the US SAFE WEB Act to increase consumer
protection activities relating to fighting cross-border fraud
and deception, including spam, spyware, and Internet fraud and
deception, (3) increased actions to fight identity theft, (4)
increased activities relating to the FTC's maintaining
competition mission, and (5) direct funding to provide training
and technical assistance to developing nations as they move
toward market-based economies and develop competition and
consumer protection laws and policies.
The Committee recommendation also assumes an increase of
$2,750,000 over the request for information technology
initiatives, such as enhanced identity theft systems for the
Bureau of Consumer Protection.
The Committee encourages the FTC to give attention to
subprime lending problems, identity theft, and consumer fraud
that require consumer protections especially affecting
Hispanic, African American, disabled, and senior citizen
populations. For example, the FTC has an aggressive campaign
against consumer fraud in the Hispanic community. As recent
immigrants, many Hispanics are unaware of the fraudulent
practices perpetrated by some businesses and individuals
against consumers. Consequently, many fall prey to such
predators and suffer great financial losses. They may also be
unaware of the remedies that are available to them if they are
victimized. The FTC should continue to promote increased
awareness through its Hispanic Outreach initiative, and it
should work with all at-risk populations to ensure the highest
possible level of consumer protection.
The Committee urges the FTC to work with companies that
extend credit to consumers to ensure that it is readily
apparent to those individuals that they have the ability to
``opt-out'' of receiving unsolicited financial information when
they complete the necessary forms for an application for
credit.
The Committee also urges the FTC to encourage companies
that have data breaches involving sensitive and personal
consumer information to disclose to affected consumers, no
later than one week following discovery of the data breach,
that a data breach has occurred.
Rising gasoline prices burden the United States economy and
American consumers. The FTC is charged with ensuring that
anticompetitive practices do not contribute to this problem.
The Committee understands, for example, that the Commission
reviews proposed mergers in the energy sector; conducts
inquiries into important issues involving the pricing of
gasoline and other fuels; and monitors the retail prices of
gasoline in 360 cities and wholesale prices in 20 major urban
areas for price anomalies. The Committee strongly urges the
Commission to ensure that it allocates sufficient resources to
carry out these critical tasks. If in the course of
Commission's work regarding gasoline prices, the Commission
identifies anticompetitive, fraudulent or criminal practices,
the Committee directs the Commission to take prompt action to
protect consumers and end these practices as quickly as
possible and, in the case of criminal practices, to refer the
matter to the Department of Justice for investigation and
appropriate action.
The Committee has reviewed recent FTC consent decrees in
cases involving privacy, spyware, and similar matters. The
consent decrees included fines to be paid by companies found to
have generated significant revenues relying upon trade
practices that were unfair or deceptive in violation of
statutory standards. The Committee is concerned that the
Commission has failed to explain how it determined the amount
of the monetary remedies assessed and that such remedies appear
to be unrelated to the revenues obtained by the companies that
used unfair or deceptive practices. The Committee directs the
FTC to submit to the Committees on Appropriations of the House
and the Senate, and to the Committee on Energy and Commerce in
the House and the Committee on Commerce, Science, and
Transportation in the Senate, within 60 days after enactment of
this Act, a report explaining its policies and standards for
determining the amount of monetary remedies imposed in actions
based on privacy, spyware, Internet, and similar violations and
explaining the relationship of such remedies to the harms
imposed upon consumers. The report should cover cases for the
preceding three fiscal years. The Committee also directs the
FTC to work with the appropriate authorizing committees of
Congress to enact appropriate civil penalty authority for such
cases and to include in the aforementioned report a description
of actions being taken to obtain such authority.
The recommendation includes bill language, as requested,
prohibiting the use of funds to implement or enforce subsection
(e)(2)(B) of section 43 of the Federal Deposit Insurance Act.
The recommendation also includes bill language that: (1)
allows for purchase of uniforms, hire of motor vehicles and
contracts for collection services; (2) allows up to $2,000 for
official reception and representation expenses; (3) allows for
the collection of fees; (4) allows for the sum appropriated to
be reduced as fees are collected; and (5) allows funding to be
available until expended.
General Services Administration
The Committee reiterates concerns regarding the infraction
of the Hatch Act by employees of the General Services
Administration (GSA), as well as numerous other disconcerting
allegations of mismanagement by the agency leadership. The
Committee is concerned that these allegations have had a
negative impact on the mission of the GSA, as well as employee
morale at the agency. The Committee urges the GSA to resolve
these issues as quickly as possible, and to restore public
confidence in its efforts.
FEDERAL BUILDINGS FUND
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2007...... $(7,555,088,000)
Limitation on availability, budget estimate, (8,090,918,000)
fiscal year 2008.....................................
Recommended in the bill........................... (7,834,612,000)
Bill compared with:
Availability limitation, fiscal year 2007......... (+279,524,000)
Availability limitation, fiscal year 2008 request. (-256,306,000)
The Federal Buildings Fund (FBF) finances the activities of
the Public Buildings Service, which provides space and services
for Federal agencies in a relationship similar to that of
landlord and tenant. The FBF, established in 1975, replaces
direct appropriations by using income derived from rent
assessments, which approximate commercial rates for comparable
space and services. The Committee makes funds available through
a process of placing limitations on obligations from the FBF as
a way of allocating funds for various FBF activities. The
Committee may also appropriate funds into the FBF as a way of
covering the difference between the total revenues coming into
the FBF and the total limitation on the expenditure from the
FBF.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $7,834,612,000 for
the Fund, an increase of $279,524,000 above the fiscal year
2007 enacted levels, a decrease of $256,306,000 below the
request.
To carry out the purposes of the Federal Buildings Fund
established pursuant to section 210(f) of the Federal Property
and Administrative Services Act of 1949, as amended (40 U.S.C.
592), the revenues and collections deposited into the Fund,
shall be available for necessary expenses in the aggregate
amount of $7,902,078,000 of which: $524,540,000 is for
construction (including funds for sites and expenses and
associated design and construction services), $733,267,000 is
for repairs and alterations, $155,781,000 is for installment
acquisition payments (including payments on purchase
contracts), $4,315,534,000 is for rental of space; and
$2,105,490,000 is for building operations.
The Committee greatly appreciates and supports the agency
goals expressed in the administration's January 2007 Executive
Order (E.G. 13423), ``Strengthening Federal Environmental,
Energy and Transportation Management,'' but it has serious
doubts that these goals are attainable without substantive
changes to current laws and regulations that may impede
progress. As the lead Federal agency for Federal building
management and Federal procurement, GSA has the primary
responsibility meeting the goals of the Executive Order as they
pertain to that mission. Current Federal statutory
requirements, for example, that require GSA to lease public
federal buildings at fair market price may prevent GSA from
acquiring higher rated Leadership in Energy and Environmental
Design (LEED) certified buildings even though the leasing of
these buildings would actually save the Federal government
money over the long term because of their lower utility and
maintenance costs. The Committee, therefore, directs the
General Services Administration to identify all existing laws,
rules and regulations that limit, restrict or otherwise impede
progress in meeting the goals expressed by Executive Order
13423, as they pertain to Federal building construction,
management and Federal procurement and to report back to the
Congress with its findings within 180 days after enactment of
this Act.
The Committee is concerned about the delay in constructing
the replacement courthouse for the Central District of
California, Los Angeles division (appropriated in fiscal years
2001-2005), given the safety concerns and deteriorating
conditions of the current aging federal facility. The Committee
restates its commitment to the project and urges the GSA to
continue working collaboratively with the Administrative Office
of the United States Courts to expeditiously move the project
forward and directs the GSA to report to the Committee on its
progress within 90 days of enactment of this Act.
GSA Leased Space. The Committee suggests that the General
Services Administration (GSA) consider the Interagency Security
Committee (ISC) Security Standards for Leased Space to be one
of several factors that GSA considers when entering into
contracts for leased space.
The Committee is concerned that ISC Security Standards do
not balance the security of buildings with the practical needs
of the location of federal agencies and that these standards
have not received the benefit of thorough and independent
review. The implementation of the most recent standards may
significantly restrict the location of federal leased space.
The Committee is especially concerned with provisions which
would allow agencies to exceed ISC standards, further
constricting leasing options. The Committee requests the
Government Accountability Office (GAO) conduct a full review of
the methodology imputed by the ISC Security Standards, as well
as the Standards' utility in providing practical guidance for
the leasing of buildings for federal use.
CONSTRUCTION AND ACQUISITION
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2007...... $701,137,000
Limitation on availability, budget estimate, 615,204,000
fiscal year 2008.....................................
Recommended in the bill........................... 524,540,000
Bill compared with:
Availability limitation, fiscal year 2007......... -176,597,000
Availability limitation, fiscal year 2008 request. -90,664,000
The construction and acquisition activity funds site,
design, construction, and management and inspection costs for
construction of new Federal facilities.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $524,540,000 for
construction and acquisition, including nonprospectus projects,
a decrease of $176,597,000 below the fiscal year 2007 enacted
level and $90,664,000 below the request.
The Committee is concerned about the plans for a new
Headquarters facility for the U.S. Coast Guard. The design
specifications of the construction project include increases
for utilization rates per person, as well as total square
footage. The Committee also notes the number of sizeable
special use spaces and the considerable amount of planned
construction of costly secured space, on what will be a secure
campus. The Committee notes that the prospectus approved by the
House Transportation and Infrastructure Committee for the Coast
Guard Headquarters at St. Elizabeths includes a total
construction cost of $409,000,000. The Committee expects that
this project will not exceed the approved prospectus amount of
$409,000,000 in all years, including reprogramming requests.
The Committee believes this is an adequate funding level to
build on what is already government-owned property.
Further, the Committee would like to encourage DHS and GSA
to consider the planned special use spaces of the Coast Guard
facilities and ensure that the DHS Headquarters Consolidation
project does not duplicate special use spaces unnecessarily.
The Committee is concerned with a lack of community
planning regarding certain GSA work. As GSA considers plans for
the San Ysidro Port of Entry, the Committee directs the GSA to
work with the community surrounding the San Ysidro Port of
Entry to develop a design plan that incorporates the interests
of the surrounding commercial and business areas. As well, as
GSA looks towards planning for future construction, the agency
should consider the potential requirements for a Land Port of
Entry at the Donna/Rio Bravo International Bridge.
REPAIRS AND ALTERATIONS
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2007...... $618,241,000
Limitation on availability, budget estimate, 804,483,000
fiscal year 2008.....................................
Recommended in the bill........................... 733,267,000
Bill compared with:
Availability limitation, fiscal year 2007......... +115,026,000
Availability limitation, fiscal year 2008 request. -71,216,000
The repairs and alterations activity funds design,
construction and management and inspection for the repair,
alteration, and modernization of existing real estate assets.
It funds projects to improve health and safety, recapture
vacant non-revenue producing Government-owned and leased space,
and various special programs.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $733,267,000 for
repairs and alterations, an increase of $115,026,000 from the
fiscal year 2007 enacted level and $71,216,000 below the
request, including the energy program, the design program and
basic repairs and alterations. The Committee directs GSA to
embark on the projects in priority order, starting with those
projects that address safety and health needs and moving next
to the projects with completed designs.
The Committee directs that additional projects for which
prospectuses have been fully approved may be funded under this
category only if advance approval is obtained from the
Committees on Appropriations, and that the amounts provided in
this or any prior Act for ``Repairs and Alterations'' may be
used to fund costs associated with implementing security
improvements to buildings necessary to meet the minimum
standards for security in accordance with current law and in
compliance with the reprogramming guidelines of the appropriate
Committees of the House and Senate.
The Committee notes that the President's request includes
$27,673,000 for repairs and alterations of the Nebraska Avenue
Complex (NAC), currently utilized by DHS. This request includes
upgrades to meet with specific needs of that Department. The
Committee also notes that the President's request includes
funding for design and construction of a Consolidated DHS
Headquarters facility at the St. Elizabeths campus. The
Committee encourages DHS and GSA to ensure balanced investment
planning for improvements at the NAC. The Committee directs GSA
to provide a plan within 120 days of enactment of this Act for
the future uses and tenancy of the NAC given an assumption that
many DHS functions will be consolidated at another facility.
INSTALLMENT ACQUISITION PAYMENTS
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2007...... $163,999,000
Limitation on availability, budget estimate, 155,781,000
fiscal year 2008.....................................
Recommended in the bill........................... 155,781,000
Bill compared with:
Availability limitation, fiscal year 2007......... -8,218,000
Availability limitation, fiscal year 2008......... - - -
The installment acquisition payments activity funds
interest payment for facilities constructed under the Public
Building Amendment of 1972 and lease-purchase agreements since
1987, a total of 80 projects.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $155,781,000 for
installation acquisition payments, a decrease of $8,218,000
below the fiscal year 2007 enacted level and the same as the
budget request. Based on this funding level, 68 of the original
80 projects will be paid off, leaving 12 projects remaining.
RENTAL OF SPACE
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2007...... $4,067,881,000
Limitation on availability, budget estimate, 4,383,000,000
fiscal year 2008.....................................
Recommended in the bill........................... 4,315,534,000
Bill compared with:
Availability limitation, fiscal year 2007......... +247,653,000
Availability limitation, fiscal year 2008......... -67,466,000
The rental of space program funds lease payments, temporary
space for Federal employees during major repair and alteration
projects, and relocations from Federal buildings due to forced
moves and relocations as a result of health and safety
conditions.
The Committee is concerned about the allocation of leased
General Services Administration (GSA) office space in the
Greater Washington, D.C. Metropolitan area. Evidence indicates
that there is a disparity between the leased space awarded in
Prince George's County and that in nearby jurisdictions in the
Greater Washington, D.C. Metropolitan area. Specifically, the
Committee is concerned with the lack of space awarded around
Washington Metropolitan Area Transit Authority (WMATA) stations
in Prince George's County, Maryland.
The Committee is concerned about weaknesses in GSA's
National Broker Contract program, designed to lease space in
the private market for government clients. The Government
Accountability Office has cited potential for conflicts of
interest in this leasing program. These conflicts may lead to
situations in which this program does not always provide for
the best use of taxpayer money.
GSA is directed to report to the Committee, within 120 days
of enactment of this bill, on the development and
implementation of measures which will quantify the performance
of these contracts in comparison to GSA's in-house leasing
capabilities.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $4,315,534,000 for
rental of space, an increase of $247,653,000 above the fiscal
year 2007 enacted level and $67,466,000 below the budget
request.
BUILDING OPERATIONS
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2007...... $2,003,830,000
Limitation on availability, budget estimate, 2,132,450,000
fiscal year 2008.....................................
Recommended in the bill........................... 2,105,490,000
Bill compared with:
Availability limitation, fiscal year 2007......... +101,660,000
Availability limitation, fiscal year 2008......... -26,960,000
The building operations activity funds cleaning,
maintenance, utilities, fuel, grounds, maintenance, space
acquisitions and assignment services in government-owned
facilities and in leased space when not provided by the lessor.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $2,105,490,000 for
building operations, an increase of $101,660,000 above the
fiscal year 2007 enacted level and $29,960,000 less than the
budget request.
General Activities
Policy and Operations
Appropriation, fiscal year 2007 \1\................... $135,522,000
Budget request, fiscal year 2008...................... 144,338,000
Recommended in the bill............................... 142,945,000
Bill compared with:
Appropriation, fiscal year 2007................... +7,423,000
Budget request, fiscal year 2008.................. -1,393,000
\1\ In FY 07 this was funded as two separate accounts, Government-wide
Policy and Operating Expenses.
This appropriations account provides for government-wide
policy and evaluation activities associated with the management
of real and personal property assets and certain administrative
services; government-wide policy support responsibilities
relating to acquisition, telecommunications, information
technology management, and related technology activities; and
services as authorized by 5 U.S.C. 3109.
Additionally, this account provides appropriations for
activities that are not feasible for a user fee arrangement.
Included under this heading are the Office of Citizen Services
and Communications (OCSC), personal property utilization and
donation activities, select management and administration
activities, support of government-wide emergency management
activities, and the Civilian Board of Contract Appeals.
This account merges the Government-wide Policy and
Operating Expenses accounts as requested. On a comparable
basis, the recommended level is $7,423,000 above fiscal year
2007 and $1,393,000 below the request.
The Committee acknowledges that Public Service Recognition
Week, a program of the Public Employees Roundtable, has
educated America about the value of the career workforce, which
carries out the daily operations of government. This program
has existed for over 10 years and plays an important role in
the education of our nation's youth by providing them with
timely information about their government. The Committee urges
the GSA to support the mission of the Public Employees
Roundtable and provide $150,000 in administrative and
logistical assistance to Public Service Recognition Week
activities.
Office of Inspector General
Appropriation, fiscal year 2007....................... $52,621,000
Budget request, fiscal year 2008...................... 47,382,000
Recommended in the bill............................... 47,382,000
Bill compared with:
Appropriation, fiscal year 2007................... -5,239,000
Budget request, fiscal year 2008.................. - - -
This appropriation provides agency-wide audit and
investigative functions to identify and correct GSA management
and administrative deficiencies that create conditions for
existing or potential instances of fraud, waste, and
mismanagement. The audit function provides internal audit and
contract audit services. Contract audits provide professional
advice to GSA contracting officials on accounting and financial
matters relative to the negotiation, award, administration,
repricing, and settlement of contracts. Internal audits review
and evaluate all facets of GSA operations and programs, test
internal control systems, and develop information to improve
operating efficiencies and enhance customer services. The
investigative function provides for the detection and
investigation of improper and illegal activities involving GSA
programs, personnel, and operations.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $47,382,000,
the same as the budget request. The Committee provided extra
funds to this account in fiscal year 2007 due to the heightened
level of responsibility the Inspector General's office has
recently undertaken. The Committee has approved $4,500,000 of
those fiscal year 2007 funds for use in fiscal year 2008.
Therefore, the program level for the Inspector General for
fiscal year is $51,882,000, which is an increase over
historical funding levels.
The Committee is concerned with indications that GSA is
overreaching into the business of the Office of Inspector
General, which should be semi-autonomous from the agency for
which it conducts investigations and audits. The Committee
would like to reiterate language within the Inspector General
Act which states that agency heads shall not ``. . . prevent or
prohibit the Inspector General from initiating, carrying out,
or completing any audit or investigation.'' The Committee is
concerned with ongoing and increasing evidence that the General
Services Administration is interfering with the operations and
management of the Office of Inspector General, which threatens
the autonomy of the office.
Electronic Government (e-Gov) Fund
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2007....................... $2,970,000
Budget request, fiscal year 2008...................... 5,000,000
Recommended in the bill............................... 2,970,000
Bill compared with:
Appropriation, fiscal year 2007................... - - -
Budget request, fiscal year 2008.................. -2,030,000
The appropriation provides support for interagency
electronic government (``e-Gov'') initiatives that utilize the
Internet or other electronic methods as a means to increase
Federal government accessibility, efficiency, and productivity.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $2,970,000 for
the ``e-Gov'' fund, the same as the fiscal year 2007 enacted
level and $2,030,000 below the budget request.
The Committee again does not include a general provision
proposed in the fiscal year 2008 budget request allowing the
Office of Management and Budget (OMB) to use $40,000,000 of
surplus funds in the General Supply Fund to finance OMB's list
of ``e-Gov'' initiatives across government. The Committee
refuses to relinquish oversight of the development and
procurement of information technology projects of the various
agencies under its jurisdiction. The Committee directs GSA to
evaluate the pricing structure of its services to Federal
agencies to determine if GSA is overcharging its Federal
clients and report back to the Committee on Appropriations its
findings no later than 120 days after enactment of this Act.
Allowances and Office Staff for Former Presidents
Appropriation, fiscal year 2007....................... $2,922,000
Budget request, fiscal year 2008...................... 2,500,000
Recommended in the bill............................... 2,500,000
Bill compared with:
Appropriation, fiscal year 2007................... -422,000
Budget request, fiscal year 2008.................. - - -
This appropriation provides support consisting of pensions,
office staffs, and related expenses for former Presidents Jimmy
Carter, George Bush and Bill Clinton and for pension and postal
franking privileges for the widows of former Presidents Lyndon
B. Johnson, Gerald Ford and Ronald Reagan. Also, this
appropriation is authorized to provide funding for security and
travel related expenses for each former President and the
spouse of a former President pursuant to section 531 of Public
Law 103-329.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $2,500,000 for
allowances and office staff of former Presidents, a decrease of
$422,000 below the fiscal year 2007 enacted level and the same
as the budget request. The following table describes the
distribution of the funds:
FISCAL YEAR 2008 BUDGET ALLOWANCES AND OFFICE STAFF FOR FORMER
PRESIDENTS
(Dollars in thousands)
----------------------------------------------------------------------------------------------------------------
Carter Bush Clinton Widows Total
----------------------------------------------------------------------------------------------------------------
Personnel Compensation......................... 96 96 96 0 288
Personnel Benefits............................. 2 64 65 0 131
Benefits for Former Presidents................. 191 191 201 20 603
Travel......................................... 2 56 50 0 108
Rental Payments to GSA......................... 102 175 516 0 793
Communications, Utilities and Miscellaneous
charges:
Telephone.................................. 10 17 79 0 106
Postage.................................... 15 13 15 14 57
Printing....................................... 5 14 14 0 33
Other Services................................. 83 76 65 0 224
Supplies & Materials........................... 5 15 26 0 46
Equipment...................................... 7 69 35 0 111
----------------------------------------------------------------
Total Obligations........................ 518 786 1,162 34 2,500
----------------------------------------------------------------------------------------------------------------
Federal Citizen Information Center Fund
Appropriation, fiscal year 2007....................... $14,874,000
Budget request, fiscal year 2008...................... 17,790,000
Recommended in the bill............................... 15,798,000
Bill compared with:
Appropriation, fiscal year 2007................... +924,000
Budget request, fiscal year 2008.................. -1,992,000
The Consumer Information Center (CIC) was established
within the General Services Administration (GSA) by Executive
Order on October 26, 1970, to help Federal departments and
agencies promote and distribute consumer information collected
as a byproduct of the Government's program activities.
The Federal Information Center (FIC) program was
established within the GSA in 1966, and was formalized by
Public Law 95-491 in 1980. The program's purpose is to provide
the public with direct information about all aspects of Federal
programs, regulations, and services. To accomplish this
mission, contractual services are used to respond to public
inquiries via a nationwide toll-free telephone call center.
In 2000, the CIC assumed responsibility for the operations
of the FIC program with the resulting organization being
officially named the Federal Consumer Information Center. The
Federal Consumer Information Center combines the nationwide
toll-free telephone assistance program and the database of the
FIC with the CIC website and publications distribution
programs.
During fiscal year 2002, the Federal Consumer Information
Center became part of GSA's newly established Office of Citizen
Services and Communications and was renamed the Federal Citizen
Information Center (FCIC). The new Office serves as a central
Federal gateway for citizens, businesses, other governments,
and the media to obtain information and services from the
government. FCIC assumed operational control of the
FirstGov.gov website in fiscal year 2002.
Public Law 98-63, enacted July 30, 1983, established a
revolving fund for the CIC. Under this fund, FCIC activities
are financed from the following: annual appropriations from the
general funds of the Treasury, reimbursements from agencies for
distribution of publications, user fees collected from the
public, and any other income incident to FCIC activities. All
are available as authorized in appropriation acts without
regard to fiscal year limitations. The bill includes a
limitation of $18,000,000 on the availability of the revolving
fund. Any revenues accruing to this fund in excess of this
amount shall remain in the fund and are not available for
expenditure except as authorized in appropriation Acts.
COMMITTEE RECOMMENDATION
For fiscal year 2008, the Committee recommends $15,798,000,
an increase of $924,000 over the level for fiscal year 2007 and
$1,992,000 less than the budget request.
The appropriation will be augmented by reimbursements from
Federal agencies for distribution of consumer publications,
user fees from the public, and other income.
GENERAL PROVISIONS--GENERAL SERVICES ADMINISTRATION
Section 501. The Committee continues the provision that
provides that costs included in rent received from government
corporations for operation, protection, maintenance, upkeep,
repair and improvement shall be credited to the Federal
Buildings Fund.
Section 502. The Committee continues the provision
providing authority for the use of funds for the hire of motor
vehicles.
Section 503. The Committee continues the provision
providing that funds made available for activities of the
Federal Buildings Fund may be transferred between
appropriations with advance approval of the Congress.
Section 504. The Committee continues the provision
prohibiting the use of funds for developing courthouse
construction requests that do not meet GSA standards and the
priorities of the Judicial Conference.
Section 505. The Committee continues the provision
providing that no funds may be used to increase the amount of
occupiable square feet, provide cleaning services, security
enhancements, or any other service usually provided, to any
agency which does not pay the requested rent.
Section 506. The Committee continues the provision that
permits GSA to pay small claims (up to $250,000) made against
the government.
Merit Systems Protection Board
SALARIES AND EXPENSES
Appropriation, fiscal year 2007....................... $38,666,000
Budget request, fiscal year 2008...................... 40,086,000
Recommended in the bill............................... 40,086,000
Bill compared with:
Appropriation, fiscal year 2007................... +1,420,000
Budget request, fiscal year 2008.................. - - -
The Merit Systems Protection Board (MSPB) is an
independent, quasi-judicial agency established to protect the
civil service merit system. The MSPB adjudicates appeals
primarily involving personnel actions, certain Federal employee
complaints, and retirement benefits issues. The MSPB reports to
the President whether merit systems are sufficiently free of
prohibited employment practices.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $40,086,000
for the Merit Systems Protection Board, an increase of
$1,420,000 above the amount appropriated in fiscal year 2007
and the same as the budget request. This amount includes up to
$2,579,000 which is transferred from the Civil Service
Retirement and Disability Fund. The recommendation provides
funding for mandatory pay raises, training, information
technology improvements, and increased rent payments.
Morris K. Udall Scholarship and Excellence in National Environmental
Policy Foundation
MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL ENVIRONMENTAL
POLICY TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2007....................... $1,984,000
Budget request, fiscal year 2008...................... - - -
Recommended in the bill............................... 2,000,000
Bill compared with:
Appropriation, fiscal year 2007................... +16,000
Budget request, fiscal year 2008.................. +2,000,000
COMMITTEE RECOMMENDATION
The Committee recommends $2,000,000 for the activities of
the Morris K. Udall Foundation, an increase of $16,000 above
the fiscal year 2007 enacted level and $2,000,000 above the
request.
ENVIRONMENTAL DISPUTE RESOLUTION FUND
Appropriation, fiscal year 2007....................... $1,896,000
Budget request, fiscal year 2008...................... 750,000
Recommended in the bill............................... 2,000,000
Bill compared with:
Appropriation, fiscal year 2007................... +104,000
Budget request, fiscal year 2008.................. +1,250,000
Public Law 105-156 established the United States Institute
for Environmental Conflict Resolution as part of the Morris K.
Udall Scholarship and Excellence in National Environmental
Policy Foundation. It also established in the Treasury an
Environmental Dispute Resolution Fund to be available to
establish and operate the Institute. The purpose of the
Institute is to conduct environmental conflict resolution and
training.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $2,000,000 for
the Environmental Dispute Resolution Fund, an increase of
$104,000 above the fiscal year 2007 enacted level and
$1,250,000 above the request.
National Archives and Records Administration
Operating Expenses
Appropriation, fiscal year 2007....................... $279,338,000
Budget request, fiscal year 2008...................... 312,874,000
Recommended in the bill............................... 315,000,000
Bill compared with:
Appropriation, fiscal year 2007................... +35,662,000
Budget request, fiscal year 2008.................. +2,126,000
This appropriation provides the National Archives and
Records Administration (NARA) with funds for its basic
operations dealing with management of the Government's archives
and records, services to the public, operation of Presidential
libraries, and review for declassification of classified
security information.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $315,000,000
for the operating expenses of NARA, an increase of $35,662,000
above the fiscal year 2007 enacted level and $2,126,000 above
the budget request. The Committee directs that the funds
provided in excess of the budget request be used first to
restore the public research hours that have been reduced since
October 2006, and then to provide for increases in archivist
staff, to help restore staffing reductions that have been made
in recent years. These amounts should be added to the Operating
Expenses base and requested in future years. The Committee
believes that while it is important to continue efforts to
reduce the backlog of materials for archiving, these efforts
should not come at the expense of providing the public with
access to NARA's services. NARA is directed to report to the
Committee within 30 days of enactment on specific steps it is
taking to restore the research hours and to bolster NARA's
archivist workforce.
The Committee notes that the National Archives served as an
important source of information for the recent Public
Broadcasting Service (PBS) documentary film, ``The War.'' This
film has been criticized for its lack of inclusiveness in
chronicling the American contribution to the allied victory in
World War II, particularly with regard to the important
contribution made by Hispanic Americans, who won numerous
Congressional medals of honor. While the National Archives and
Records Administration (NARA) ultimately cannot ensure the
veracity and fairness of the histories produced by those who
utilize NARA's facilities, the Committee encourages NARA to
seek any and all opportunities to promote accurate, fair, and
inclusive histories of the United States.
Electronic Records Archives
Appropriation, fiscal year 2007....................... $45,254,000
Budget request, fiscal year 2008...................... 58,028,000
Recommended in the bill............................... 58,028,000
Bill compared with:
Appropriation, fiscal year 2007................... +12,774,000
Budget request, fiscal year 2008.................. - - -
The Electronic Records Archives appropriation supports all
direct NARA actions and activities associated with this major
project for preserving digitally created records for archival
purposes, storing and managing them electronically, and
ensuring appropriate long-term access.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $58,028,000
for the Electronic Records Archives project, an increase of
$12,774,000 above the fiscal year 2007 enacted level and the
same as the budget request. Consistent with previous years, the
release of the funds is subject to the approval of a GAO-
reviewed expenditure plan. In addition, NARA is directed to
submit to the House and Senate Committees on Appropriations
quarterly reports on the cost, schedule, and performance of the
Electronic Records Archives (ERA) project. These quarterly
reports should provide information on the status of the
project's schedule, budget, and expenditures as measured
against a reported baseline; a prioritization of project risks
and their mitigation efforts; and corrective actions taken to
manage identified schedule slippages, cost overruns, or quality
problems should they occur.
Repairs and Restoration
Appropriation, fiscal year 2007....................... $9,120,000
Budget request, fiscal year 2008...................... 8,663,000
Recommended in the bill............................... 16,095,000
Bill compared with:
Appropriation, fiscal year 2007................... +6,975,000
Budget request, fiscal year 2008.................. +7,432,000
This appropriation provides for the repair, alteration, and
improvement of Archives facilities and Presidential libraries
nationwide. It enables the National Archives to maintain its
facilities in proper condition for visitors, researchers, and
employees, and also maintain the structural integrity of the
buildings.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $16,095,000
for repairs and restoration, $7,432,000 above the budget
request and $6,975,000 above the fiscal year 2007 enacted
level. The increase above the request is for improvements to
Presidential libraries.
National Historical Publications and Records Commission Grants Program
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2007....................... $7,425,000
Budget request, fiscal year 2008...................... - - -
Recommended in the bill............................... 10,000,000
Bill compared with:
Appropriation, fiscal year 2007................... +2,575,000
Budget request, fiscal year 2008.................. +10,000,000
The National Historical Publications and Records Commission
(NHPRC) program provides for grants to preserve and publish
records that document American history. Administered within the
National Archives and Records Administration, the NHPRC helps
state, local, and private institutions preserve non-federal
records, helps publish the papers of major figures in American
history, and helps archivists and records managers improve
their techniques, training, and ability to serve a range of
information users.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $10,000,000
for the National Historical Publications and Research
Commission grants program, an increase of $2,575,000 above the
fiscal year 2007 enacted level. The budget request proposed no
funding for this program.
The Committee has strong concerns about the proposal not
only to eliminate this program but also to correspondingly
reduce the base funding in the Operating Expenses account by
$2,000,000. The Committee notes that this amount is
significantly greater than the amount actually needed to
administer the NHPRC program. The Committee believes that the
operating expenses of the NHPRC program must be budgeted
accurately and expects NARA to do so in future budget
submissions.
National Credit Union Administration
CENTRAL LIQUIDITY FACILITY
------------------------------------------------------------------------
limitation on
Limitation on administrative
direct loans expenses
------------------------------------------------------------------------
Fiscal year 2008 recommendation... (1,500,000,000) (329,000)
Fiscal year 2007 appropriation.... (1,500,000,000) (323,000)
Fiscal year 2008 request.......... (1,500,000,000) (329,000)
Comparison with 2007 - - - (+6,000)
appropriation................
Comparison with 2008 request.. - - - - - -
------------------------------------------------------------------------
The Committee recommends a limitation of $1,500,000,000 on
the Central Liquidity Facility (CLF) lending activity to member
credit unions from borrowed funds. This limitation represents
the same level as fiscal year 2007 and the same as the budget
request. The Committee expects to be kept apprised of CLF
lending activity.
The Committee recommends the budget request of not more
than $329,000 for administrative expenses, an increase of
$6,000 above the fiscal year 2007 enacted level and the same as
the budget request.
COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
Appropriation, fiscal year 2007....................... $941,000
Budget request, fiscal year 2008...................... 950,000
Recommended in the bill............................... 1,000,000
Bill compared with:
Appropriation, fiscal year 2007................... +59,000
Budget request, fiscal year 2008.................. +50,000
The Community Development Revolving Loan Fund Program
(CDRLF) was established in 1979 to assist officially designated
``low-income'' credit unions in providing basic financial
services to low-income communities. Low-interest loans and
deposits are made available to assist these credit unions.
Loans or deposits are normally repaid in five years, although
shorter repayment periods may be considered. Technical
assistance grants are also available to low-income credit
unions. Earnings generated from the CDRLF are available to fund
technical assistance grants in addition to funds provided for
specifically in appropriations acts. Grants are available for
improving operations as well as addressing safety and soundness
issues.
COMMITTEE RECOMMENDATION
For fiscal year 2008, the Committee recommends $1,000,000
for the National Credit Union Administration's Community
Development Revolving Loan Fund for technical assistance
grants. While the Administration and NCUA have not requested
additional funds for loans in fiscal year 2008, the Committee
expects the CDRLF to continue making loans from their available
funds derived from repaid loans and interest earned on previous
loans to designated credit unions.
Office of Government Ethics
SALARIES AND EXPENSES
Appropriation, fiscal year 2007....................... $11,115,000
Budget request, fiscal year 2008...................... 11,750,000
Recommended in the bill............................... 11,750,000
Bill compared with:
Appropriation, fiscal year 2007................... +635,000
Budget request, fiscal year 2008.................. - - -
The Office of Government Ethics (OGE), established by the
Ethics in Government Act of 1978, partners with other executive
branch Departments and agencies to foster high ethical
standards. The OGE issues and monitors rules, regulations, and
memoranda pertaining to the prevention and resolution of
conflicts of interest, post-employment restrictions, standards
of conduct, and financial disclosure for executive branch
employees.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $11,750,000
for the Office of Government Ethics, an increase of $635,000
above the amount appropriated in fiscal year 2007 and the same
as the budget request.
Office of Personnel Management
SALARIES AND EXPENSES
Appropriation, fiscal year 2007:
General fund........................................ $111,605,000
Transfer from trust funds........................... 112,546,000
Budget request, fiscal year 2008:
General fund........................................ 101,765,000
Transfer from trust funds........................... 111,936,000
Recommended in the bill:
General fund........................................ 101,765,000
Transfer from trust funds........................... 123,401,000
Bill compared with:
Appropriation, fiscal year 2007:
General fund.................................... -9,840,000
Transfer from trust funds....................... +10,855,000
Budget request, fiscal year 2008:
General fund.................................... - - -
Transfer from trust funds....................... +11,465,000
The Office of Personnel Management (OPM) is the Federal
Government agency responsible for management of Federal human
resources policy and oversight of the merit civil service
system. Although individual agencies are increasingly
responsible for personnel operations, OPM provides a
Government-wide policy framework for personnel matters, advises
and assists agencies (often on a reimbursable basis), and
ensures that agency operations are consistent with requirements
of law, with emphasis on such issues as veterans preference.
OPM oversees examining of applicants for employment, issues
regulations and policies on hiring, classification and pay,
training, investigations, and many other aspects of personnel
management, and operates a reimbursable training program for
the Federal Government's managers and executives. OPM is also
responsible for administering the retirement, health benefits
and life insurance programs affecting most Federal employees,
retired Federal employees, and their survivors.
COMMITTEE RECOMMENDATION
The Committee recommends a general fund appropriation of
$101,765,000 for OPM, a decrease of $9,840,000 below the
enacted fiscal year 2007 level and the same as the fiscal year
2008 budget request. The recommendation includes $5,991,000 for
the Enterprise Human Resources Integration project, $1,351,000
for the Human Resources Line of Business project, $340,000 for
the E-Payroll project, and $170,000 for the E-Training program.
The Committee also recommends $123,401,000 for
administrative expenses to be transferred from the appropriate
trust funds. The amount includes $26,465,000 for retirement
systems modernization, an increase of $11,465,000 over the
request. The Committee expects that this amount, together with
a recent reprogramming approved by the Committee, will keep the
project largely on schedule. The Committee directs OPM to
provide the Committee with quarterly reports, starting on
January 31, 2008, on the implementation of ``waves'' for
activating Federal employees under the retirement systems
modernization program.
The Committee appreciates the importance of OPM's Federal
Human Capital Survey in providing data for independent analyses
of Federal employee satisfaction. OPM shall continue to make
agencies' survey data publicly available in a consistent and
consolidated format, and in a timely manner.
The Committee urges OPM, working with the appropriate
authorizing committees, to consider changes in law to bring
Federal prevailing rate employees currently working in the
Narragansett Bay, Rhode Island Wage Area within the coverage of
the Boston, Massachusetts Wage Area. Currently, ``white
collar'' Federal workers in Southeastern Massachusetts and
Rhode Island are included in the Boston, Massachusetts Wage
Area, while ``blue collar'' workers are not. There is no reason
for different treatment between the two categories of
employees.
The Committee is aware of the vacancy at the Federal
Prevailing Wage Advisory Committee at OPM. The Committee
expects the OPM to report back to Congress within 90 days of
enactment of this Act about the progress made on considering a
wage change to the Narragansett Bay, Rhode Island Wage Area,
despite the vacancy at the Committee.
Office of Inspector General
Appropriation, fiscal year 2007:
General fund........................................ $2,061,000
Transfer from trust funds........................... 16,278,000
Budget request, fiscal year 2008:
General fund........................................ 1,519,000
Transfer from trust funds........................... 16,481,000
Recommended in the bill:
General fund........................................ 1,519,000
Transfer from trust funds........................... 16,981,000
Bill compared with:
Appropriation, fiscal year 2007:
General fund.................................... -542,000
Transfer from trust funds....................... +703,000
Budget request, fiscal year 2008:
General fund.................................... - - -
Transfer from trust funds....................... +500,000
This appropriation provides agency-wide audit,
investigative, evaluation, and inspection functions to identify
management and administrative deficiencies, which may create
conditions for fraud, waste and mismanagement. The audits
function provides internal agency audit, insurance audit, and
contract audit services. Contract audits provide professional
advice to agency contracting officials on accounting and
financial matters regarding the negotiation, award,
administration, repricing, and settlement of contracts.
Internal audits review and evaluate all facets of agency
operations, including financial statements. Evaluation and
inspection services provide detailed technical evaluations of
agency operations. Insurance audits review the operations of
health and life insurance carriers, health care providers, and
insurance subscribers. The investigative function provides for
the detection and investigation of improper and illegal
activities involving programs, personnel, and operations.
COMMITTEE RECOMMENDATION
The Committee recommends a general fund appropriation of
$1,519,000 for the Office of Inspector General (OIG) of the
Office of Personnel Management, $542,000 below the fiscal year
2007 enacted level and the same as the fiscal year 2008 budget
request. In addition, the recommendation provides $16,981,000
from appropriate trust funds, which is $703,000 above the
fiscal year 2007 level and $500,000 above the request. The
additional funds will enable the Office of Inspector General to
maintain audit and investigative staff at the current level and
avoid deterioration of the OIG's audit capabilities. The
Committee recognizes the beneficial financial impact of the OIG
in terms of the recovery of funds that result from
investigations and audits.
Government Payment for Annuitants, Employees Health Benefits
Appropriation, fiscal year 2007....................... $8,780,260,000
Budget request, fiscal year 2008...................... 8,884,000,000
Recommended in the bill............................... 8,884,000,000
Bill compared with:
Appropriation, fiscal year 2007................... +103,740,000
Budget request, fiscal year 2008.................. - - -
This appropriation covers: (1) the Government's share of
the cost of health insurance for annuitants as defined in
sections 8901 and 8906 of title 5, United States Code; (2) the
Government's share of the cost of health insurance for
annuitants who were retired when the federal employees health
benefits law became effective, as defined in the Retired
Federal Employees Health Benefits Act of 1960; and (3) the
Government's contribution for payment of administrative
expenses incurred by the Office of Personnel Management in
administration of the Act.
COMMITTEE RECOMMENDATION
The Committee recommends a mandatory appropriation of
$8,884,000,000 for the Government Payment for Annuitants,
Employees Health Benefits, an increase of $103,740,000 above
the fiscal year 2007 enacted level, and the same as the
Administration's request.
Government Payment for Annuitants, Employees Life Insurance
Appropriation, fiscal year 2007....................... $39,000,000
Budget request, fiscal year 2008...................... 41,000,000
Recommended in the bill............................... 41,000,000
Bill compared with:
Appropriation, fiscal year 2007................... +2,000,000
Budget request, fiscal year 2008.................. - - -
This appropriation finances the Government's share of
premiums, which is one-third the cost, for basic life insurance
for annuitants retiring after December 31, 1989, and who are
less than 65 years old.
COMMITTEE RECOMMENDATION
The Committee recommends a mandatory appropriation of
$41,000,000 for the Government Payment for Annuitants,
Employees Life Insurance, an increase of $2,000,000 above the
fiscal year 2007 enacted level, and the same as the
Administration's request.
Payment to Civil Service Retirement and Disability Fund
Appropriation, fiscal year 2007....................... $10,532,000,000
Budget request, fiscal year 2008...................... 11,941,000,000
Recommended in the bill............................... 11,941,000,000
Bill compared with:
Appropriation, fiscal year 2007................... +1,409,000,000
Budget request, fiscal year 2008.................. - - -
This appropriation provides for payment of annuities,
including the payment of annuities under special acts for
persons employed on the construction of the Panama Canal or
their widows and widows of employees of the Lighthouse Service;
payment of the Federal government share of retirement costs of
the unfunded liability resulting from any statute authorizing
new or liberalized benefits, extension of retirement coverage,
or pay increases; transfers for interest on unfunded liability
and payment of military service annuities covering interest on
the unfunded liability and annuity disbursements for military
service; payments for spouse equity providing survivor
annuities to eligible former spouses of annuitants who died
between September 1978 and May 1986 and did not elect survivor
coverage; and transfers for payment of FERS supplemental
liability covering annual amortization payments financing
supplemental liabilities for FERS.
COMMITTEE RECOMMENDATION
The Committee recommends a mandatory appropriation of
$11,941,000,000 for the Payment to Civil Service Retirement and
Disability Fund, an increase of $1,409,000,000 above the fiscal
year 2007 enacted level, and the same as the Administration's
request.
Office of Special Counsel
SALARIES AND EXPENSES
Appropriation, fiscal year 2007....................... $15,524,000
Budget request, fiscal year 2008...................... 16,368,000
Recommended in the bill............................... 16,368,000
Bill compared with:
Appropriation, fiscal year 2007................... +844,000
Budget request, fiscal year 2008.................. - - -
The Office of Special Counsel (OSC): (1) investigates
federal employee allegations of prohibited personnel practices
(including reprisal for whistleblowing) and, when appropriate,
prosecutes before the Merit Systems Protection Board; (2)
provides a channel for whistleblowing by federal employees; and
(3) enforces the Hatch Act. The Office may transmit
whistleblower allegations to the agency head concerned and
require an agency investigation and a report to the Congress
and the President when appropriate.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $16,368,000
for the Office of Special Counsel, an increase of $844,000
above the fiscal year 2007 enacted level, and the same as the
fiscal year 2008 budget request.
The Committee acknowledges and is concerned about the
effect that recently initiated investigations may have on the
OSC's resources. The Committee urges the OSC to carefully
evaluate the need for additional appropriations and, if
additional funds are necessary to conduct these investigations,
pursue with the Office of Management and Budget a budget
amendment to formally request the funds.
Securities and Exchange Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2007....................... $892,560,000
Budget request, fiscal year 2008...................... 905,330,000
Recommended in the bill............................... 908,442,000
Bill compared with:
Appropriation, fiscal year 2007................... +15,882,000
Budget request, fiscal year 2008.................. +3,112,000
The primary mission of the SEC is to protect investors and
maintain the integrity of the securities markets. This includes
ensuring full disclosure of financial information, regulating
the nation's securities markets, and preventing fraud and
malpractice in the securities and financial markets.
COMMITTEE RECOMMENDATION
The Committee recommendation includes $908,442,000 for the
SEC, including $867,045,000 from new fee collections and
$41,397,000 from prior year balances. This total funding level
is $15,882,000 above the resources provided in fiscal year 2007
and $3,112,000 above the request. The Committee provides an
increase above the request to enhance the SEC's enforcement
program, including investigations of accounting fraud, market
manipulation, insider trading, and investment scams that target
seniors and low-income communities. Additional resources are
also provided for the Office of Investor Education and
Assistance to expand investor education and financial literacy
activities. The Committee commends the SEC for efforts to
promote financial literacy, such as its recent participation in
a program to teach personal finance concepts to high school
juniors and seniors in the District of Columbia, and encourages
the SEC to continue and expand such efforts.
The Committee continues to be concerned about the
implementation of section 404 of the Sarbanes-Oxley Act of 2002
with respect to the costs borne by small businesses. The
Committee strongly supports the Act's goal of ensuring that
public companies identify any weaknesses in their internal
controls so that investors can have confidence in companies'
financial reporting. The Committee also appreciates the SEC's
efforts, as reflected in its recent approval of new
interpretive guidance on the implementation of section 404, to
address the concerns of small businesses. However, the
Committee is concerned that small businesses will not have
sufficient time to review, asses, and prepare for compliance
with the SEC's rules or the Public Company Accounting Oversight
Board's (PCAOB) proposed auditing standard. Further, the small
business community should have confidence that the new rules
will actually reduce the cost of compliance. Therefore, the
Committee encourages the SEC to continue to postpone the
implementation of section 404 for companies with assets of less
than $75 million for one additional year so that these
companies will have time to review the revised requirements and
prepare to comply fully with section 404. The delay would also
give the SEC and the PCAOB additional time to fully review and
take into consideration the comments of investors, small
businesses, and auditing firms regarding the new guidance and
standards.
Smaller public companies deserve their own advocate within
the SEC to help them face the joint challenge of meeting the
404 compliance deadlines with untested risk-based regulation.
The Committee recognizes the important role of the Commission's
Office of Small Business Policy, and directs it to act as the
Commission's Small Business Ombudsman. It encourages the Office
to maintain an ``open door'' policy, regularly soliciting
comments from small businesses and publishing their concerns
within the Commission, to assure that the needs of small
business are reflected in the Commission's rules, and in the
interpretations and guidance the SEC provides to the public.
The Committee recommendation assumes that $10,198,000 will
be available for the Electronic Discovery Program, as assumed
in the President's request.
The Committee recommendation also includes bill language,
similar to that included in previous Appropriations Acts,
which: (1) allows for the rental of space; (2) makes up to
$3,500 available for official reception and representation
expenses; (3) makes up to $20,000 available for a permanent
secretariat for the International Organization of Securities
Commissions; and (4) makes up to $100,000 available for
expenses of meetings and consultations with foreign
governmental and regulatory officials.
The Committee supports allowing the agency flexibility to
manage its resources in an efficient manner and expects that,
within 60 days of enactment of this Act, the SEC shall submit
an initial spending plan by division/office describing
personnel and non-personnel planned expenditures. This spending
plan shall then serve as the basis for all future reprogramming
notifications, in accordance with section 610 of this Act.
SELECTIVE SERVICE SYSTEM
SALARIES AND EXPENSES
Appropriation, fiscal year 2007....................... $24,850,000
Budget request, fiscal year 2008...................... 22,000,000
Recommended in the bill............................... 22,000,000
Bill compared with:
Appropriation, fiscal year 2007................... -2,850,000
Budget request, fiscal year 2008.................. - - -
The Selective Service System was established by the
Selective Service Act of 1948. The basic mission of the System
is to be prepared to supply manpower to the Armed Forces
adequate to ensure the security of the United States during a
time of national emergency. Since 1973, the Armed Forces have
relied on volunteers to fill military manpower requirements,
but selective service registration was reinstituted in July,
1980.
COMMITTEE RECOMMENDATION
For fiscal year 2008, the Committee recommends $24,850,000
for the Selective Service System, $2,850,000 below the fiscal
year 2007 funding level and the same as the budget request, to
be spent as outlined in the budget justification document.
Small Business Administration
The Small Business Administration (SBA) assists small
businesses through programs involving loans, grants, and
contracting preferences. These programs maintain and strengthen
an economy that depends on small businesses for 60 to 80
percent of job creation. SBA programs also serve disadvantaged
populations so that their small business enterprises may
overcome economic and social obstacles to success.
The recommendation provides a total of $582,497,000 for the
five appropriations accounts of the Small Business
Administration (SBA). This amount is $118,980,000 above the
budget request. Detailed guidance for the five SBA
appropriations accounts is presented below.
SALARIES AND EXPENSES
Appropriation, fiscal year 2007....................... $327,592,000
Budget request, fiscal year 2008...................... 310,103,000
Recommended in the bill............................... 346,553,000
Bill compared with:
Appropriation, fiscal year 2007................... +18,961,000
Budget request, fiscal year 2008.................. +36,450,000
COMMITTEE RECOMMENDATION
The Committee recommends $346,553,000 for the salaries and
expenses of the SBA, which is $18,961,000 above the current
year and $36,450,000 above the request.
Of the amount provided under this heading, $203,177,000 is
for operating expenses of the SBA. In addition, a total of
$144,414,000 from other SBA accounts may be transferred to and
merged with the salaries and expenses account for indirect
operating costs. This amount consists of $135,414,000 from the
Business Loans Program Account and $9,000,000 from the Disaster
Loans Program Account for administrative expenses related to
those accounts. The Committee also anticipates that SBA will
have an additional $11,381,000 in fee receipts and $6,388,000
in reimbursable amounts from other agencies available for
operating expenses. This will result in a total availability of
$365,360,000 for the operating expenses of the SBA.
The Committee recommendation for salaries and expenses
includes a total of $143,376,000 for non-credit initiatives as
follows:
[In thousands of dollars]
Small Business Development Centers...................... $100,000
Veterans Programs....................................... 743
SCORE................................................... 5,000
Women's Business Centers................................ 13,000
Women's Business Council................................ 743
Drug Free Workplace..................................... 990
Microloan Technical Assistance.......................... 14,500
PRIME................................................... 3,000
Native American Outreach................................ 1,000
7(j) Technical Assistance............................... 2,300
HUBZone................................................. 2,100
Total, non-credit initiatives........................... 143,376
The SBA shall not reduce these noncredit programs to fund
operating costs. In addition, the Committee directs the SBA to
support no less than the fiscal year 2007 level of funding for
the National Ombudsman; the Office of Advocacy, including
support for the Advocacy Database; international trade
programs; and the defense transition program. The Committee
also expects the SBA to continue to enhance opportunities for
small businesses to partner with the manufacturing sector.
The Committee recommendation includes increased resources
for programs that are especially effective in aiding small
businesses in socially and economically disadvantaged
communities. Examples are the PRIME program, 7(j) technical
assistance program, and the HUBZone program. The Committee
encourages the SBA to increase efforts to reach out to small
businesses in these communities.
The Committee is aware that there are certain rural areas
that are underutilized business areas, but are excluded from
HUBZone designation based on the current program authorization.
The Committee encourages the SBA to continue to examine ways to
incorporate these areas into any future revisions of the Small
Business Act.
The Committee recommendation includes requested language
authorizing $3,500 for official reception and representation
expenses as well as language authorizing the SBA to charge fees
to cover the cost of publications and certain loan program
activities. Requested language is also included that allows
these fee collections to be credited to the salaries and
expenses account to be available for carrying out these
purposes without further appropriations.
OFFICE OF INSPECTOR GENERAL
Appropriation, fiscal year 2007....................... $13,835,000
Budget request, fiscal year 2008...................... 15,000,000
Recommended in the bill............................... 15,000,000
Bill compared with:
Appropriation, fiscal year 2007................... +1,165,000
Budget request, fiscal year 2008.................. - - -
COMMITTEE RECOMMENDATION
The Committee recommends $15,000,000 for the Office of
Inspector General of the SBA, which is $1,165,000 above the
amount appropriated in fiscal year 2007 and the same as the
request. In addition, $500,000 will be available by transfer
from the Disaster loans program account pursuant to the fiscal
year 2007 supplemental appropriations Act. The Office of
Inspector continues to draw on $5,000,000 in funds made
available by Public Law 109-148 to investigate waste, fraud,
and abuse related to the consequences of the hurricanes in the
Gulf of Mexico during calendar year 2005.
SURETY BOND GUARANTEES REVOLVING FUND
Appropriation, fiscal year 2007....................... $2,824,000
Budget request, fiscal year 2008...................... 3,000,000
Recommended in the bill............................... 3,000,000
Bill compared with:
Appropriation, fiscal year 2007................... +176,000
Budget request, fiscal year 2008.................. - - -
COMMITTEE RECOMMENDATION
The Committee recommends a total of $3,000,000 for the
Surety Bond Guarantees Revolving Fund, which is $176,000 above
the fiscal year 2007 level and the same as the request. The
Committee notes that the Surety Bond program is not covered by
the Federal Credit Reform Act, and that SBA requests an
appropriation only when projections show that the reserves need
to be replenished to cover estimated future liabilities. The
amount provided should be sufficient to address anticipated
costs.
BUSINESS LOANS PROGRAM ACCOUNT
Appropriation, fiscal year 2007....................... $126,145,000
Budget request, fiscal year 2008...................... 135,414,000
Recommended in the bill............................... 217,944,000
Bill compared with:
Appropriation, fiscal year 2007................... +91,799,000
Budget request, fiscal year 2008.................. +82,530,000
COMMITTEE RECOMMENDATION
The SBA Business Loan Program serves as an important source
of capital for America's small businesses. The recommendation
supports $17,500,000,000 for the 7(a) business loan program,
$7,500,000,000 for the 504 certified development company
program, $3,000,000,000 for Small Business Investment Company
(SBIC) debentures, and $12,000,000,000 for the Secondary Market
Guarantee Program. These program levels are the same as in the
request.
The Committee recommends a total of $217,944,000 in new
budget authority for the Business Loans Program Account, which
is $91,799,000 above the fiscal year 2007 level and $82,530,000
above the request. Of the amount appropriated, $135,414,000 is
for administrative expenses related to business loan programs,
the same as the request. The amount provided for administrative
expenses may be transferred to and merged with the
appropriation for SBA salaries and expenses to cover the common
overhead expenses associated with business loans.
The recommendation includes $80,000,000 for the subsidy
cost of the 7(a) business loan guarantee program.
The recommendation includes $2,530,000 for the cost of the
Microloan Program. The Committee does not approve the zero
subsidy recommendation for Microloans that was assumed in the
President's request. The amount provided is estimated to
support $25,000,000 in loans.
DISASTER LOANS PROGRAM ACCOUNT
Appropriation, fiscal year 2007 \1\................... $114,931,000
Budget request, fiscal year 2008...................... (156,000,000)
Recommended in the bill............................... - - -
Bill compared with:
Appropriation, fiscal year 2007................... -114,931,000
Budget request, fiscal year 2008.................. - - -
\1\ Does not include a rescission of $2,300,000 in unobligated balances.
The amount also does not include $181,069,000 in unobligated balances
made available through supplemental appropriations and available in
fiscal year 2008.
The Committee recommendation does not include any new
budget authority for this account in fiscal year 2008. This
recommendation is based on the inclusion of $181,069,000 for
administrative expenses in a fiscal year 2007 supplemental
appropriations bill, which remains available for obligation
into fiscal year 2008.
As required by the Federal Credit Reform Act of 1990, the
Congress is required to appropriate an amount sufficient to
cover the subsidy costs associated with all direct loan
obligations and loan guarantee commitments made in fiscal year
2008, as well as the administrative expenses of the loan
programs. At this time, sufficient balances remain in the
account so that no subsidy appropriation is necessary.
The Committee looks forward to learning the recommendations
from the National Academy of Public Administration on how to
improve SBA's Disaster Loan program.
ADMINISTRATIVE PROVISION--SMALL BUSINESS ADMINISTRATION
The Committee continues an administrative provision for the
Small Business Administration that authorizes transfer of up to
5 percent of any appropriation to other appropriations,
provided that transfers not increase an appropriation by more
than 10 percent. The provision also requires that transfers be
treated as reprogrammings of funds.
United States Postal Service
PAYMENT TO THE POSTAL SERVICE FUND
The United States Postal Service (USPS) is funded almost
entirely by Postal rate payers rather than tax payers. Funds
provided to the Postal Service in the Payment to the Postal
Service Fund include the costs of revenue forgone on free and
reduced-rate mail for the blind and overseas voters;
reconciliation adjustments for amounts appropriated for free
and reduced rate mail and the actual amounts required; and
partial reimbursement for losses which the Postal Service
incurred as a result of insufficient appropriations in fiscal
years 1991 through 1993 and the additional revenues it would
have received between 1993 and 1998 in the absence of certain
rate phasing provisions of the Revenue Forgone Act of 1993.
Congress does not provide funds for either general operations
or capital investments.
Appropriation, fiscal year 2007....................... $108,915,000
Budget request, fiscal year 2008...................... 88,864,000
Recommended in the bill............................... 88,864,000
Bill compared with:
Appropriation, fiscal year 2007................... -20,051,000
Budget request, fiscal year 2008.................. - - -
COMMITTEE RECOMMENDATION
The Committee recommends appropriations totaling
$88,864,000 for Payment to the Postal Service Fund, the same as
the President's request. The recommended amount is an advance
appropriation for fiscal year 2009.
Mail processing facility consolidations.--The USPS is
undertaking a major realignment of its postal facilities and
streamlining its transportation networks to achieve greater
efficiencies, reduce redundancies, and achieve cost savings.
However, this effort has raised many questions, including how
many facilities will be needed, which facilities will be
closed, what roles various facilities will serve, how long will
the realignment take, and how will community concerns influence
the decision-making process. Additionally, it is uncertain how
the postal workforce, mailers, and communities will be affected
by the realignment.
The Committee is particularly concerned about planned
consolidations of the Bronx, New York, mail processing
operations into Manhattan, and of the Pasadena, California,
processing and distribution center into the Santa Clarita and
Industry processing and distribution centers. The Committee
notes that the USPS Office of Inspector General (OIG) is
currently conducting a thorough review of the Bronx
consolidation. Further, the Committee notes that the OIG
released in September 2006 an audit report on the Pasadena
consolidation. This report found ``discrepancies with the Area
Mail Processing (AMP) proposal in the areas of transportation
costs, the number of employees affected, and changes in service
standards.'' The report also found that the AMP study did not
notify community stakeholders and elected officials in a timely
manner.
The Postal Service should work with community stakeholders
and elected officials on all consolidation activities affecting
the Bronx and Pasadena facilities. The Postal Service should
not proceed with the Bronx consolidation until after: 1) the
Inspector General completes his review and the report on that
review is submitted to the Committee, and 2) public comments
have been received and a report has been provided to the
Committee detailing those comments. The Postal Service should
not take any additional action on the consolidation or closure
of the Pasadena facility until after: 1) the Postal Service
conducts an additional review of the Pasadena AMP proposal to
examine the claims of efficiencies and cost savings not
supported by the Inspector General's report, and 2) the Postal
Service reports to the Committee on this additional review and
other actions it has taken to address the Inspector General's
findings.
Postal facilities.--The Committee is concerned about the
condition of postal facilities in a number of municipalities in
Puerto Rico, including Dorado, Guaynabo, Rincon, San German,
Villalba, Yabucoa, and Yauco. The Committee recommends that the
Postal Service, working with local officials and community
leaders, evaluate the needs of these communities and include
these facilities in its nationwide priority list to ensure that
capital resources are focused on the maintenance and
enhancement of existing infrastructure at these facilities. The
Committee further recommends that the Postal Service report on
these efforts to the Committee.
The Committee is also concerned about the postal facility
needs of the City of Indio, California. The Committee is aware
that the current facility is inadequate to meets the City's
needs given its rapid population growth. The Committee
recommends that the Postal Service work with City officials to
evaluate the need for a new facility and report its findings to
the Committee.
Mail service.--The Committee is concerned about recent
reports that Chicago, Illinois, has the worst in-town overnight
mail service in the country. According to a recent review by
USPS, only 90 percent of the first-class mail sent between
Chicago ZIP codes was delivered in one day--the lowest
percentage of overnight delivery in the nation. The audit found
that problems were citywide. The Committee directs the Postal
Service to continue working with city officials and report to
the Committee on the actions being taken to correct these
deficiencies expeditiously.
Local postal management.--The Committee urges the Postal
Service to solicit and take into consideration the views of
local postal management in the development of appropriate
staffing levels to ensure that postal customers receive the
quality mail service that they expect and deserve. The
Committee directs that the Postal Service report in writing 180
days after enactment of this Act to the Committees on
Appropriations of the Senate and the House of Representatives,
the Senate Committee on Homeland Security and Governmental
Affairs, and the House Committee on Oversight and Government
Reform on the steps taken to achieve this objective.
United States Tax Court
SALARIES AND EXPENSES
Appropriation, fiscal year 2007....................... $47,625,000
Budget request, fiscal year 2008...................... 45,326,000
Recommended in the bill............................... 45,069,000
Bill compared with:
Appropriation, fiscal year 2007................... -2,556,000
Budget request, fiscal year 2008.................. -257,000
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, exemption of charitable
organizations, and to decide certain cases involving disclosure
of tax information by the Commissioner of the Internal Revenue
Service.
COMMITTEE RECOMMENDATION
The Committee recommends $45,069,000 for the U.S. Tax
Court, $257,000 below the budget request and $2,556,000 below
the amounts provided in fiscal year 2007. The Committee notes
that the requested reduction below the fiscal year 2007 level
is possible due to various personnel cost savings as well as
productivity gains associated with prior information technology
improvements. In addition, the Committee notes that not to
exceed 50 percent of any end-of-year balances of budget
authority may remain available in fiscal year 2008 under the
terms and conditions of the fiscal year 2007 enacted bill. The
Committee believes, therefore, that a reduction to the budget
request of $257,000 is appropriate to reflect a minimum level
of expected end-of-year balances that would be available in
fiscal year 2008 and will not affect the operations of the
account.
TITLE VI--GENERAL PROVISIONS, THIS ACT
Section 601. The Committee continues the provision
requiring pay raises to be funded within appropriated levels in
this Act or previous appropriations Acts.
Section 602. The Committee continues the provision
prohibiting pay and other expenses for non-Federal parties in
regulatory or adjudicatory proceedings funded in this Act.
Section 603. The Committee continues the provision
prohibiting obligations beyond the current fiscal year and
prohibits transfers of funds unless expressly so provided
herein.
Section 604. The Committee continues the provision limiting
consulting service expenditures of public record in procurement
contracts.
Section 605. The Committee continues the provision
prohibiting funds in this Act to be transferred without express
authority.
Section 606. The Committee continues the provision
prohibiting the use of funds to engage in activities that would
prohibit the enforcement of section 307 of the 1930 Tariff Act.
Section 607. The Committee continues the provision
concerning employment rights of Federal employees who return to
their civilian jobs after assignment with the Armed Forces.
Section 608. The Committee continues the provision
concerning compliance with the Buy American Act.
Section 609. The Committee continues the provision
prohibiting the use of funds by any person or entity convicted
of violating the Buy American Act.
Section 610. The Committee continues and modifies the
provision specifying reprogramming procedures. The provision
requires that agencies or entities funded by the Act notify the
Committee and obtain prior approval from the Committee for any
reprogramming of funds that: (1) creates a new program; (2)
eliminates a program, project, or activity; (3) increases funds
or personnel for any program, project, or activity for which
funds have been denied or restricted by the Congress; (4)
proposes to use funds directed for a specific activity by
either the House or Senate Committees on Appropriations for a
different purpose; (5) augments existing programs, projects, or
activities in excess of $1,000,000 or 10 percent, whichever is
less; (6) reduces existing programs, projects, or activities by
$1,000,000 or 10 percent, whichever is less; or (7) reorganizes
offices, programs, or activities. The provision also directs
the agencies funded by this Act to submit operating plans for
the Committee's review within 60 days of the bill's enactment.
Section 611. The Committee continues the provision
providing that fifty percent of unobligated balances may remain
available for certain purposes.
Section 612. The Committee continues the provision
providing that funds used by the Executive Office of the
President not be used to request any official background
investigation from the Federal Bureau of Investigation.
Section 613. The Committee continues the provision
requiring that cost accounting standards not apply to a
contract under the Federal Employee Health Benefits Program.
Section 614. The Committee continues the provision
regarding non-foreign area cost of living allowances.
Section 615. The Committee continues the provision
prohibiting the expenditure of funds for abortions under the
FEHBP.
Section 616. The Committee continues the provision
prohibiting the expenditure of funds for abortions under the
FEHBP unless the life of the mother is in danger or the
pregnancy is a result of an act of rape or incest.
Section 617. The Committee continues the provision waiving
restrictions on the purchase of non-domestic articles,
materials, and supplies in the case of acquisition by the
Federal Government of information technology.
Section 618. The Committee continues the provision
prohibiting the use of funds for a proposed rule relating to
the determination that real estate brokerage is a financial
activity.
Section 619. The Committee includes a new provision
regarding investments relating to the Harry S Truman Memorial
Scholarship Trust Fund.
Section 620. The Committee includes a provision prohibiting
funds in this Act from being used for any Federal Government
contract with any foreign incorporated entity which is treated
as an inverted domestic corporation.
Section 621. The Committee includes a provision for
initiatives related to small business development and
entrepreneurship, including programmatic and construction
activities, to be awarded as follows:
$231,000 for the Abraham Lincoln National
Airport Commission, Minority and Small Business
Development and Procurement Opportunities;
$300,000 for Adelante Development Center;
$231,000 for the Advantage West Economic
Development Group, Certified Entrepreneurial Community
Program;
$231,000 for the Alleghany Highlands
Economic Development Corporation to develop business
assistance software tools;
$500,000 for the Ashland County, OH, Career
Center for the Northeast Central Ohio Bioscience
Consortium;
$175,000 for Barry University for the
Institute for Community and Economic Development;
$250,000 for Ben Franklin Technology
Partners;
$131,000 for the Boston Chinatown
Neighborhood Center Workforce Development Initiative;
$250,000 for the Bridgeport Regional
Business Council for One Coast, One Future;
$81,000 for the Bronx Council on the Arts
for marketing of local business arts initiatives;
$231,000 for the Brooklyn College
Entrepreneurial Center;
$231,000 for the Buffalo Niagara
International Trade Foundation, World Trade Center
Buffalo Niagara, Buffalo, NY;
$231,000 for California State University,
Pasadena Biotech Training Facility;
$231,000 for the Caribbean American Chamber
of Commerce and Industry, Caribbean American Trade
Center/Business Incubator renovation;
$231,000 for the Center for Economic Growth,
Business Acceleration Program, Greene County, NY;
$100,000 for the Center for Women and
Enterprise, RI, CWE Technology Learning Center;
$231,000 for the City of Charlotte, NC,
Belvedere Business Park Project;
$231,000 for the City of Chicago, IL, Small
business assistance program for ex-offenders;
$231,000 for the City of Inglewood, CA, Grow
Inglewood;
$231,000 for the City of Los Angeles, Adams-
La Brea Retail Project;
$231,000 for the Colorado State University
Sustainable Biofuels Development Center;
$300,000 for the Columbus College of Art and
Design for an industrial design center;
$231,000 for the Community College of
Philadelphia, Northeast Regional Center for Small
Business Development;
$150,000 for the Connected Technologies
Corridor, Athens WV;
$231,000 for the Cuyahoga Community College,
Veterans Outreach and Business Development Center;
$231,000 for the Dartmouth Regional
Technology Center ;
$231,000 for the Delaware County Community
College Small Business Center, Media, PA;
$231,000 for the Detroit Economic Growth
Corporation, Business Attraction program;
$231,000 for Detroit Renaissance for a
business district;
$250,000 for DuPage Technology Park to
establish a minority business incubator;
$231,000 for the Economic Development
Coalition of Southeast Michigan, Ann Arbor SPARK
Business Accelerator;
$231,000 for the Entrepreneurial Development
Center Business Accelerator, Cedar Rapids, IA;
$231,000 for the expansion of the Incubator
at the Purdue Technology Center of Northwest Indiana;
$500,000 for Experience Works, Inc. in
Richmond Hill, GA;
$231,000 for Experience Works, Senior
Community Service Employment Program, Arlington, VA;
$250,000 for the Fairplex Trade and
Conference Center, Pomona, CA;
$231,000 for the Federal HUBZone Incubator
in Elizabeth City, NC;
$231,000 for the Friends of the Big South
Fork for community and economic development;
$231,000 for the Greater Harlem Chamber of
Commerce;
$300,000 for the Greater North Louisiana
Community Development Corporation;
$231,000 for the Greyston Foundation,
Workforce Development Initiative, Yonkers, NY;
$231,000 for the Hispanic Information and
Telecommunications Network telecommunication pilot
initiative for small business development;
$231,000 for the Historic Downtown Retail
Project, Valley Economic Development Center;
$231,000 for the Hudson Alpha Institute
Biotechnology facility;
$231,000 for the Illinois Institute of
Technology, Innovating Manufacturing Education ;
$231,000 for Indiana State University for
the Center for New Business Development, Terre Haute,
IN;
$100,000 for the Inquilinos Boricuas en
Accion's Employment Services Initiative;
$200,000 for the Institute for Advanced
Learning and Research for a business development
initiative;
$150,000 for the John C. Calhoun Community
College for robotics training equipment;
$131,000 for the Johnson and Wales
University Latino Business Outreach Program
$231,000 for the Johnstown Area Regional
Industries Incubator and Workforce Development program;
$231,000 for Kulanu for the Vocational
Education Program for employment skills development;
$231,000 for the LaGuardia Community College
Emerging Designers Unit;
$153,000 for Lewis and Clark State College
for business training tools;
$231,000 for the Lorain County Community
College Entrepreneurship Innovation Center;
$450,000 for the Louisiana Small Business
Development Center;
$231,000 for the Louisville Medical Center
Development Corporation, LMCDC/MetaCyte Business Labs
and Incubator;
$231,000 for the Macomb County Department of
Planning and Economic Development, Macomb County
Business Accelerator;
$250,000 for the Marshalltown Community
College for a rural entrepreneurship incubator;
$250,000 for the Medina County, OH, Office
of Workforce Development;
$150,000 for the Mifflin County Industrial
Development Corporation;
$500,000 for Mississippi State University
for the Convergence of Scientists and Entrepreneurs to
Expedite Commercialization;
$129,000 for the Mitchell County Development
Foundation, Inc. for the Home of the Perfect Christmas
Tree project;
$200,000 for Montana State University's
manufacturing extension center;
$400,000 for the Montana World Trade Center;
$231,000 for Montgomery College for the
Germantown Biotechnology Project;
$100,000 for the National Association of
Development Organizations;
$231,000 for the National Federation of the
Blind, Access to Libraries and Learning: Creating
Technology for the Blind to promote entrepreneurship;
$100,000 for the New College Institute to
support economic development and small business
development;
$231,000 for the North Carolina Rural
Economic Development Center Rural Ventures Fund;
$231,000 for the North Dakota State College
of Science, Nanotechnology Applied Science Laboratory;
$50,000 for the North Iowa Area Community
College for a regional economic development
organization;
$150,000 for the North Side Industrial
Development Co., New Business-New Beginning Program;
$231,000 for the Northeast Entrepreneur
Fund, Northland Entrepreneur Development System for
technical assistance, Virginia, MN;
$231,000 for the Northwest Agriculture
Business Center Technological Network, Mt. Vernon, WA;
$231,000 for Northwestern University for the
Molecular Therapeutics and Diagnostics Building;
$231,000 for Ohio University for Economic
Development through Entrepreneurship in Appalachia;
$150,000 for the Oil Region Alliance of
Business, Industry and Tourism;
$300,000 for Operation New Hope in FL;
$250,000 for the Peoria NEXT Innovation
Center;
$231,000 for the Phoenix House for Drug-free
workplace initiatives;
$231,000 for Portland State University
Science Research and Teaching Center;
$250,000 for the Ready to Work project in
OH;
$231,000 for the Rio Hondo College
Automotive Technician Training Demonstration Project;
$125,000 for the Rochester Tooling and
Machining Association for workforce development
programs;
$125,000 for Rock Valley College for a
manufacturing career development and training program;
$125,000 for the Rockford Area Ventures
Small Business Incubator and Technology
Commercialization Center;
$231,000 for the Rockland Small Business
Development Center, Small Business Employment
Assistance;
$231,000 for the Rowan University South
Jersey Technology Park;
$231,000 for the San Francisco Planning and
Urban Research Association, SPUR Urban Center;
$231,000 for Sandoval County, NM--Sandoval
County Technology project;
$231,000 for the Seedco Financial Services
Alabama Minority and Women-owned Business Enterprises
(M/WBE) Investment Initiative for technical assistance
and training;
$500,000 for SEKTDA for economic and small
business development in Southern and Eastern Kentucky;
$231,000 for the Sephardic Angel Fund
Financial Literacy & Business Youth Education Project,
Brooklyn, NY;
$231,000 for SER-Jobs for Progress National,
for the Dual-language Financial Literacy Technology
Training;
$250,000 for Shawnee State University for an
Immersive Technology and Arts Center;
$300,000 for Sierra College for a
mechatronics workforce training initiative;
$231,000 for Soundview Community in Action
technology and business development services;
$231,000 for the South Dakota School of
Mines, Black Hills Nanoscale Minerals Institute,
infrastructure development;
$100,000 for the South Side Innovation
Center;
$231,000 for the Spanish American Merchants
Association, Statewide Technical Assistance & Resource
Program, Hartford, CT;
$150,000 for the St. Jerome's Church
Community Center project for job skills training,
Bronx, NY;
$231,000 for the Student Business Incubator
at the University of Northern Iowa;
$150,000 for the TechRanch Technology
Venture Center;
$500,000 for the Enterprise Center in TN;
$231,000 for the Illinois Institute of
Technology, technology incubator;
$231,000 for the University of Texas at San
Antonio, UTSA Mexico Center, business development
research;
$250,000 for the Thomas More College for
training programs in the fields of health sciences and
healthcare management;
$231,000 for the Thurgood Marshall College
Fund for the Minority Community Small Business &
Economic Development Initiative;
$231,000 for the University of Connecticut,
Avery Point for the Avery Point Technology Incubation
Center;
$231,000 for the University of Maryland-
Baltimore BioPark;
$231,000 for the University of Missouri,
Kansas City, KCSource Link, Vet Link for small business
development for veterans;
$231,000 for the University of Notre Dame,
Robinson Enterprises Community Learning Center;
$43,000 for the University of Pittsburgh at
Bradford for an entrepreneurship center;
$500,000 for the University of South Florida
to establish a Center for the Development of
Information Technology;
$231,000 for the University of Southern
Maine, Lewiston-Auburn College for The Learning Works
project;
$231,000 for the University of Texas
Brownsville International Trade Center;
$100,000 for the Urban League of Rochester,
Minority and Women Business Development Programs;
$231,000 for the USS Saratoga Museum
Foundation workforce development program;
$231,000 for the Valley Economic Development
Center, Technical Assistance Office;
$231,000 for the Valley Economic Development
Center, Valley Initiative for Business Expansion;
$231,000 for the Vermont SBDC Veterans
Assistance Program;
$150,000 for the Wallace State Community
College for an integrated manufacturing center;
$250,000 for the Wayne County, MI,
Department of Public Services to develop technologies
to support small business;
$200,000 for Wayne County, NY, for a
business development initiative;
$231,000 for the West Virginia University
Research Corporation for renovations of a small
business incubator;
$231,000 for the Western MA Enterprise Fund
for technical assistance for developing enterprises;
$231,000 for Williamsburg County, South
Carolina for a commodity development small business
initiative;
$500,000 for Wittenberg University to expand
business education;
$350,000 for the Workforce Initiative
Association in Canton, OH;
$231,000 for the Youngstown Edison Incubator
Corporation and the Youngstown Central Area Community
Improvement Corp, Youngstown Business Incubator; and
$231,000 for the Youngstown Warren Regional
Chamber, Salute to Success, Business Entrepreneurship
Incubator.
TITLE VII--GENERAL PROVISIONS
GOVERNMENT-WIDE
Departments, Agencies, and Corporations
Section 701. The Committee continues and makes permanent
the provision authorizing agencies to pay costs of travel to
the United States for the immediate families of federal
employees assigned to foreign duty in the event of a death or a
life threatening illness of the employee.
Section 702. The Committee continues the provision
requiring agencies to administer a policy designed to ensure
that all of its workplaces are free from the illegal use of
controlled substances.
Section 703. The Committee continues the provision
regarding price limitations on vehicles to be purchased by the
Federal Government. Price limitations are updated consistent
with the President's budget request.
Section 704. The Committee continues the provision allowing
funds made available to agencies for travel, to also be used
for quarter allowances and cost-of-living allowances.
Section 705. The Committee continues the provision
prohibiting the government, with certain specified exceptions,
from employing non-U.S. citizens whose posts of duty would be
in the continental U.S.
Section 706. The Committee continues the provision ensuring
that agencies will have authority to pay GSA bills for space
renovation and other services.
Section 707. The Committee continues the provision allowing
agencies to finance the costs of recycling and waste prevention
programs with proceeds from the sale of materials recovered
through such programs.
Section 708. The Committee continues the provision
providing that funds may be used to pay rent and other service
costs in the District of Columbia.
Section 709. The Committee continues and makes permanent
the provision prohibiting payments to persons filling positions
for which they have been nominated after the Senate has voted
not to approve the nomination.
Section 710. The Committee continues the provision
prohibiting interagency financing of groups absent prior
statutory approval.
Section 711. The Committee continues the provision
prohibiting the use of funds for enforcing regulations
disapproved in accordance with the applicable law of the U.S.
Section 712. The Committee continues the provision limiting
the pay increases of certain prevailing rate employees.
Section 713. The Committee continues the provision limiting
the amount of funds that can be used for redecoration of
offices under certain circumstances.
Section 714. The Committee continues the provision to allow
for interagency funding of national security and emergency
telecommunications initiatives.
Section 715. The Committee continues the provision
requiring agencies to certify that a Schedule C appointment was
not created solely or primarily to detail the employee to the
White House.
Section 716. The Committee continues and makes permanent
the provision requiring agencies to administer a policy
designed to ensure that all workplaces are free from
discrimination and sexual harassment.
Section 717. The Committee continues the provision
prohibiting the payment of any employee who prohibits,
threatens or prevents another employee from communicating with
Congress.
Section 718. The Committee continues the provision
prohibiting Federal training not directly related to the
performance of official duties.
Section 719. The Committee continues the provision
prohibiting the expenditure of funds for implementation of
agreements in nondisclosure policies unless certain provisions
are included.
Section 720. The Committee continues the provision
prohibiting propaganda, publicity and lobbying by executive
agency personnel in support or defeat of legislative
initiatives.
Section 721. The Committee continues the provision
prohibiting any federal agency from disclosing an employee's
home address to any labor organization, absent employee
authorization or court order.
Section 722. The Committee continues the provision
prohibiting funds to be used to provide non-public information
such as mailing or telephone lists to any person or
organization outside the government without the approval of the
Committees on Appropriations.
Section 723. The Committee continues the provision
prohibiting the use of funds for propaganda and publicity
purposes not authorized by Congress.
Section 724. The Committee continues the provision
directing agency employees to use official time in an honest
effort to perform official duties.
Section 725. The Committee continues the provision
authorizing the use of funds to finance an appropriate share of
the Federal Accounting Standards Advisory Board.
Section 726. The Committee continues the provision, with
technical modifications, authorizing agencies to transfer funds
(not to exceed $10,000,000) to the Government-wide Policy
account of GSA to finance an appropriate share of various
government-wide boards and councils.
Section 727. The Committee continues the provision that
permits breast feeding in a Federal building or on Federal
property if the woman and child are authorized to be there.
Section 728. The Committee continues the provision that
permits interagency funding of the National Science and
Technology Council and provides for a report on the budget and
resources of the National Science and Technology Council. The
report should include the entire budget of the National Science
and Technology Council.
Section 729. The Committee continues the provision
requiring documents involving the distribution of Federal funds
to indicate the agency providing the funds and the amount
provided.
Section 730. The Committee repeals the provision extending
authorization for agency franchise funds.
Section 731. The Committee continues the provision
prohibiting the use of funds to monitor personal information
relating to the use of Federal Internet sites to collect,
review, or create any aggregate list that includes personally
identifiable information relating to access to or use of any
Federal Internet site of such agency.
Section 732. The Committee continues a provision requiring
health plans participating in the FEHBP to provide
contraceptive coverage and provides exemptions to certain
religious plans.
Section 733. The Committee continues the provision
providing recognition of the U.S. Anti-Doping Agency as the
official anti-doping agency.
Section 734. 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 735. The Committee continues a provision
prohibiting funds for implementation of OPM regulations
limiting detailees to the Legislative Branch, and implementing
limitations on the Coast Guard Congressional Fellowship
Program.
Section 736. The Committee continues the provision that
restricts the use of funds for Federal law enforcement training
facilities.
Section 737. The Committee continues the provision
concerning the use of funds for the ``e-Gov'' initiative that
were not appropriated specifically for that purpose.
Section 738. The Committee continues a provision, with
modifications, regarding public-private competitions in
reference to OMB Circular A-76.
Section 739. The Committee continues a provision, with
modifications, providing that the adjustment in rates of basic
pay for employees under statutory pay systems taking effect in
fiscal year 2008 shall be an increase of 3.5 percent. Language
has been updated to reflect the current status of Department of
Defense employees covered under the National Security Personnel
System.
Section 740. The Committee continues the provision that
prohibits executive branch agencies from creating prepackaged
news stories that are broadcast or distributed in the United
States unless the story includes a clear notification within
the text or audio of that news story that the prepackaged news
story was prepared or funded by that executive branch agency.
This provision confirms the opinion of the Government
Accountability Office dated February 17, 2005 (B-304272).
Section 741. The Committee continues the provision
prohibiting funds used in contravention of section 552a of
title 5, United States Code or section 552.224 of title 48 of
the Code of Federal Regulations.
Section 742. The Committee continues, with modification,
the provision requiring agencies to evaluate the
creditworthiness of an individual before issuing the individual
a government travel charge card and limits agency actions
accordingly. The Committee recommends new language, as
requested, authorizing an assessment of the individual's
consumer report from a consumer reporting agency. The Committee
expects that this authority to review individual employees'
consumer reports shall be used only to assess creditworthiness
for the purpose of issuing an individually-billed government
travel charge card and shall not be used for any other purpose.
Section 743. The Committee recommends a new provision to
require the Office of Management and Budget to submit a report
on budget information relating to Great Lakes restoration
activities.
Section 744. The Committee continues the provision
concerning the application of these general provisions to title
IV and to title VIII.
TITLE VIII--GENERAL PROVISIONS
DISTRICT OF COLUMBIA
Section 801. The Committee continues the provision that
specifies that an appropriation for a particular purpose or
object shall be considered as the maximum amount that may be
expended for said purpose or object.
Section 802. The Committee continues the provision that
permits funds for travel and payment of dues.
Section 803. The Committee continues the provision that
appropriates funds for refunding overpayments of taxes
collected and for paying settlements and judgments against the
District of Columbia government.
Section 804. The Committee modifies the provision that
prohibits the use of appropriation for publicity or propaganda
purposes.
Section 805. The Committee modifies the provision that
establishes reprogramming and transfer requirements with
respect to notification requirements for the reprogramming of
local funds.
Section 806. The Committee continues the provision that
prohibits use of funds only to the objects for which the
appropriations were made.
Section 807. The Committee continues the provision that
clarifies the pay setting authority for District employees as
the District's Merit Personnel Act rather than title 5 of the
United States Code.
Section 808. The Committee continues the provision that
directs the Mayor of the District of Columbia to submit new
fiscal year 2008 revenue estimates as of the end of such
quarter.
Section 809. The Committee continues the provision that
allows the mayor to accept, obligate, and expend Federal,
private, and other grants received by the District government
that are not reflected in the amounts appropriated in this Act.
Section 810. The Committee continues the provision that
restricts the use of official vehicles to official duties and
not between a residence and workplace, except in the case of a
police officer who resides in the District of Columbia at the
discretion of the Chief, an officer or employee of the D.C.
Fire and Emergency Medical Services Department who resides in
the District of Columbia and is on call 24 hours a day, the
Mayor of the District of Columbia, and the Chairman of the
Council of the District of Columbia.
Section 811. The Committee modifies the provision that
prohibits the use of appropriated funds by the Corporation
Counsel or any other officer or entity of the District
government to provide assistance for any petition drive or
civil action which seeks to require Congress to provide for
voting representation in Congress for the District of Columbia
to apply to Federal funds.
Section 812. The Committee modifies a provision to prohibit
the use of Federal funds in this Act to carry out any program
of distributing sterile needles or syringes for the hypodermic
injection of any illegal drug.
Section 813. The Committee continues the provision that
requires the Chief Financial Officers of the District of
Columbia to certify that they understand the duties and
restrictions applicable to their agency as a result of this
Act.
Section 814. The Committee continues the provision that
includes a ``conscience clause'' on legislation that pertains
to contraceptive coverage by health insurance plans.
Section 815. The Committee modifies the provision that
requires the Mayor of the District of Columbia to submit
quarterly reports on various issues pertaining to the District
of Columbia.
Section 816. The Committee continues the provision that
requires the CFO to submit a revised appropriated funds
operating budget in the format of the budget that the District
government submitted pursuant to section 442 of the DC Home
Rule Act for all agencies no later than 30 calendar days after
the date of enactment of this Act.
Section 817. The Committee continues the provision that
prohibits the use of any funds in the Act to: (1) pay the fees
of an attorney who represents a party in an action or any
attorney who defends any action, including an administrative
proceeding, brought against D.C. Public Schools under the
Individuals With Disabilities Act (IDEA) in excess of $4,000
for that action; (2) pay the fees of an attorney or firm whom
the CFO determines to have a pecuniary interest, either through
an attorney, officer or employee of the firm, in any special
education diagnostic services, schools, or other special
education service providers; and (3) require all savings to be
used to expand special education services within the District.
Section 818. The Committee continues the provision that
allows for appropriations in this Act to be increased by no
more than $42,000,000 from unexpended general funds, and may be
used only for one-time expenditures, to avoid deficit spending,
for debt reduction, for program needs, or to avoid revenue
shortfalls.
Section 819. The Committee continues the provision that
allows the District to spend ``Other-Type Funds'' under certain
conditions.
Section 820. The Committee continues the provision that
allows for short-term borrowing from the emergency and
contingency reserve funds established under section 450A of the
District of Columbia Home Rule Act (Public Law 98-198; D.C.
Official Code, sec. 1-204.50a) under certain circumstances.
Section 821. The Committee continues the provision
prohibiting funds to change the legality of marijuana use.
Section 822. The Committee continues the provision relating
to abortion.
Section 823. The Committee includes the provision to allow
the Public Defenders Service to receive a direct appropriation.
Section 824. The Committee continues the provision which
limits references to ``this Act'' as referring to only this
title and to title IV.
HOUSE OF REPRESENTATIVES REPORT REQUIREMENTS
The following items are included in accordance with various
requirements of the Rules of the House of Representatives:
Constitutional Authority
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee on Appropriations bases
its authority to report this legislation from clause 7 of
section 9 of Article I of the Constitution of the United States
of America which states:
No money shall be drawn from the Treasury but in
consequence of Appropriations made by law * * *
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.
Appropriations Not Authorized by Law
Pursuant to clause 3(f)(1)(B) of rule XIII of the Rules of
the House of Representatives, the following table lists the
appropriations in the accompanying bill that are not authorized
by law:
Transfers of Funds
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following statement is submitted
describing the transfers of funds provided in the accompanying
bill.
The Committee recommends the following transfers:
Under Title I--Department of the Treasury
Under the Department of the Treasury, ``Departmental
offices, salaries and expenses'', up to two percent, may be
transferred between program activities of the Departmental
Offices; and that of the $5,114,000 for the Treasury-wide
Financial Statement Audit and Internal Control program, such
amounts as necessary may be transferred to the Department's
offices and bureaus.
Under the Department of the Treasury, ``Department-wide
systems and capital investments programs'', amounts necessary
to satisfy the requirements of the Department's offices,
bureaus, and other organizations may be transferred.
Under the Internal Revenue Service (IRS), ``Enforcement'',
up to $10,000,000 may be transferred to ``Operations support''
for management of the Interagency Crime and Drug Enforcement
program.
Section 101 allows the transfer of five percent of any
appropriation (or three percent of IRS, ``Enforcement'') made
available to the IRS to any other IRS appropriation, subject to
prior Congressional approval.
Section 111 authorizes transfers, up to two percent,
between Departmental Offices, Office of Inspector General,
Financial Management Service, Alcohol and Tobacco Tax and Trade
Bureau, Financial Crimes Enforcement Network, and the Bureau of
the Public Debt appropriations under certain circumstances.
Section 112 authorizes transfers, up to two percent,
between the IRS and the Treasury Inspector General for Tax
Administration under certain circumstances.
Section 115 authorizes the transfer of funds from the
``Financial management service, salaries and expenses'', to the
``Debt collection fund'' as necessary to cover the cost of debt
collection.
Under Title II--Executive Office of the President
Language is included under Office of National Drug Control
Policy, ``Counterdrug technology assessment center'', allowing
for the transfer of funds to other Federal departments or
agencies.
Language is included under Federal Drug Control Programs,
``High intensity drug trafficking areas program'', which allows
for the transfer of funds to other Federal departments or
agencies.
Language is included under Federal Drug Control Programs,
``Other Federal drug control programs'', allowing the transfer
of funds to other Federal departments or agencies.
Language is included under Special Assistance to the
President and the Official Residence of the Vice President,
``Operating expenses'', allowing the transfer of funds to other
Federal departments or agencies.
Section 201. The Committee continues a provision permitting
the Executive Office of the President to transfer up to 10
percent of any appropriation, subject to a 15 day notification
period.
Under Title III--The Judiciary
Under the Judiciary, ``Courts of appeals, district courts,
and other judicial services'', funds may be transferred to the
United States Marshals Service for courthouse security.
Section 302. The Committee continues a provision permitting
the Judiciary to transfer up to five percent of any
appropriation with certain limitations.
Under Title V--Independent Agencies
Under Title V, Independent Agencies, a number of transfers
are allowed: 1) the General Services Administration allowances
and Office Staff for Former Presidents account may transfer
such sums as necessary to the Department of the Treasury for
certain pension benefits; 2) the General Services
Administration Electronic Government Fund may transfer
$2,970,000 to Federal departments in pursuit of programs goals;
3) under the Election Assistance Commission, $3,250,000 is
transferred to the National Institute of Standards and
Technology; 4) under the Federal Communications Commission, not
to exceed $20,980,000 is transferred from the Universal Service
Fund; 5) under Merit Systems Protection Board, up to $2,579,000
is transferred from the Civil Service Retirement and Disability
Fund; 6) under Morris K. Udall Scholarship and Excellence in
National Environmental Policy Foundation, a certain percentage
of funds may be transferred to the Native Nations Institute for
necessary expenses; 7) under the National Archives and Records
Administration, $2,000,000 is transferred from the National
Historical Publications and Records Commission to the operating
expenses account; 8) under Office of Personnel Management,
amounts from certain trust funds are transferred to the
salaries and expenses account for administrative expenses; 9)
under Office of Personnel Management, Office of Inspector
General, amounts from certain trust funds are transferred to
the salaries and expenses account for administrative expenses;
10) under Administrative Provision-Small Business
Administration, amounts may be transferred between
appropriations of the Small Business Administration.
Section 503. The Committee continues the provision
providing that funds made available for activities of the
Federal Building Fund may be transferred with advance approval
from the Committees on Appropriations.
Under Title VIII--General Provisions, District of Columbia
The Committee has included language to allow the District
of Columbia to transfer local funds in certain instances.
Compliance With Rule XIII, Cl. 3(e) (Ramseyer Rule)
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
AIR TRANSPORTATION SAFETY AND SYSTEM STABILIZATION ACT
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Air Transportation Safety and
System Stabilization Act''.
TITLE I--AIRLINE STABILIZATION
SEC. 101. AVIATION DISASTER RELIEF.
(a) In General.--Notwithstanding any other provision of law,
the President shall take the following actions to compensate
air carriers for losses incurred by the air carriers as a
result of the terrorist attacks on the United States that
occurred on September 11, 2001:
[(1) Subject to such terms and conditions as the
President deems necessary, issue Federal credit
instruments to air carriers that do not, in the
aggregate, exceed $10,000,000,000 and provide the
subsidy amounts necessary for such instruments in
accordance with the provisions of the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.).]
* * * * * * *
[SEC. 102. AIR TRANSPORTATION STABILIZATION BOARD.
[(a) Definitions.--In this section, the following definitions
apply:
[(1) Board.--The term ``Board'' means the Air
Transportation Stabilization Board established under
subsection (b).
[(2) Financial obligation.--The term ``financial
obligation'' means any note, bond, debenture, or other
debt obligation issued by an obligor in connection with
financing under this section and section 101(a)(1).
[(3) Lender.--The term ``lender'' means any non-
Federal qualified institutional buyer (as defined by
section 230.144A(a) of title 17, Code of Federal
Regulations (or any successor regulation) known as Rule
144A(a) of the Securities and Exchange Commission and
issued under the Security Act of 1933, including--
[(A) a qualified retirement plan (as defined
in section 4974(c) of the Internal Revenue Code
of 1986 (26 U.S.C. 4974(c)) that is a qualified
institutional buyer; and
[(B) a governmental plan (as defined in
section 414(d) of the Internal Revenue Code of
1986 (26 U.S.C. 414(d)) that is a qualified
institutional buyer.
[(4) Obligor.--The term ``obligor'' means a party
primarily liable for payment of the principal of or
interest on a Federal credit instrument, which party
may be a corporation, partnership, joint venture,
trust, or governmental entity, agency, or
instrumentality.
[(b) Air Transportation Stabilization Board.--
[(1) Establishment.--There is established a board (to
be known as the ``Air Transportation Stabilization
Board'') to review and decide on applications for
Federal credit instruments under section 101(a)(1).
[(2) Composition.--The Board shall consist of--
[(A) the Secretary of Transportation or the
designee of the Secretary;
[(B) the Chairman of the Board of Governors
of the Federal Reserve System, or the designee
of the Chairman, who shall be the Chair of the
Board;
[(C) the Secretary of the Treasury or the
designee of the Secretary; and
[(D) the Comptroller General of the United
States, or the designee of the Comptroller
General, as a nonvoting member of the Board.
[(c) Federal Credit Instruments.--
[(1) In general.--The Board may enter into agreements
with 1 or more obligors to issue Federal credit
instruments under section 101(a)(1) if the Board
determines, in its discretion, that--
[(A) the obligor is an air carrier for which
credit is not reasonably available at the time
of the transaction;
[(B) the intended obligation by the obligor
is prudently incurred; and
[(C) such agreement is a necessary part of
maintaining a safe, efficient, and viable
commercial aviation system in the United
States.
[(2) Terms and limitations.--
[(A) Forms; terms and conditions.--A Federal
credit instrument shall be issued under section
101(a)(1) in such form and on such terms and
conditions and contain such covenants,
representations, warranties, and requirements
(including requirements for audits) as the
Board determines appropriate.
[(B) Procedures.--Not later than 14 days
after the date of enactment of this Act, the
Director of the Office of Management and Budget
shall issue regulations setting forth
procedures for application and minimum
requirements, which may be supplemented by the
Board in its discretion, for the issuance of
Federal credit instruments under section
101(a)(1).
[(d) Financial Protection of Government.--
[(1) In general.--To the extent feasible and
practicable, the Board shall ensure that the Government
is compensated for the risk assumed in making
guarantees under this title.
[(2) Government participation in gains.--To the
extent to which any participating corporation accepts
financial assistance, in the form of accepting the
proceeds of any loans guaranteed by the Government
under this title, the Board is authorized to enter into
contracts under which the Government, contingent on the
financial success of the participating corporation,
would participate in the gains of the participating
corporation or its security holders through the use of
such instruments as warrants, stock options, common or
preferred stock, or other appropriate equity
instruments.
[(3) Deposit in treasury.--All amounts collected by
the Secretary of the Treasury under this subsection
shall be deposited in the Treasury as miscellaneous
receipts.]
* * * * * * *
[SEC. 104. LIMITATION ON CERTAIN EMPLOYEE COMPENSATION.
[(a) In General.--The President may only issue a Federal
credit instrument under section 101(a)(1) to an air carrier
after the air carrier enters into a legally binding agreement
with the President that, during the 2-year period beginning
September 11, 2001, and ending September 11, 2003, no officer
or employee of the air carrier whose total compensation
exceeded $300,000 in calendar year 2000 (other than an employee
whose compensation is determined through an existing collective
bargaining agreement entered into prior to September 11,
2001)--
[(1) will receive from the air carrier total
compensation which exceeds, during any 12 consecutive
months of such 2-year period, the total compensation
received by the officer or employee from the air
carrier in calendar year 2000; and
[(2) will receive from the air carrier severance pay
or other benefits upon termination of employment with
the air carrier which exceeds twice the maximum total
compensation received by the officer or employee from
the air carrier in calendar year 2000.
[(b) Total Compensation Defined.--In this section, the term
``total compensation'' includes salary, bonuses, awards of
stock, and other financial benefits provided by an air carrier
to an officer or employee of the air carrier.]
* * * * * * *
SEC. 107. DEFINITIONS.
In this title, the following definitions apply:
(1) * * *
[(2) Federal credit instrument.--The term ``Federal
credit instrument'' means any guarantee or other pledge
by the Board issued under section 101(a)(1) to pledge
the full faith and credit of the United States to pay
all or part of any of the principal of and interest on
a loan or other debt obligation issued by an obligor
and funded by a lender.]
* * * * * * *
----------
TITLE 5, UNITED STATES CODE
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
SUBPART I--MISCELLANEOUS
CHAPTER 95--PERSONNEL FLEXIBILITIES RELATING TO THE INTERNAL REVENUE
SERVICE
* * * * * * *
Sec. 9502. Pay authority for critical positions
(a) When the Secretary of the Treasury seeks a grant of
authority under section 5377 for critical pay for 1 or more
positions at the Internal Revenue Service, the [Office of
Management and Budget] Office of Personnel Management may fix
the rate of basic pay, notwithstanding sections 5377(d)(2) and
5307, at any rate up to the salary set in accordance with
section 104 of title 3.
* * * * * * *
Sec. 9503. Streamlined critical pay authority
(a) Notwithstanding section 9502, and without regard to the
provisions of this title governing appointments in the
competitive service or the Senior Executive Service and
chapters 51 and 53 (relating to classification and pay rates),
the Secretary of the Treasury may, [for a period of 10 years
after the date of enactment of this section] before July 23,
2013, establish, fix the compensation of, and appoint
individuals to, designated critical administrative, technical,
and professional positions needed to carry out the functions of
the Internal Revenue Service, if--
(1) * * *
* * * * * * *
Sec. 9504. Recruitment, retention, relocation incentives, and
relocation expenses
(a) [For a period of 10 years after the date of enactment of
this section] Before July 23, 2013 and subject to approval by
the Office of Personnel Management, the Secretary of the
Treasury may provide for variations from sections 5753 and 5754
governing payment of recruitment, relocation, and retention
incentives.
(b) [For a period of 10 years after the date of enactment of
this section] Before July 23, 2013, the Secretary of the
Treasury may pay from appropriations made to the Internal
Revenue Service allowable relocation expenses under section
5724a for employees transferred or reemployed and allowable
travel and transportation expenses under section 5723 for new
appointees, for any new appointee appointed to a position for
which pay is fixed under section 9502 or 9503 after June 1,
1998.
Sec. 9505. Performance awards for senior executives
(a) [For a period of 10 years after the date of enactment of
this section] Before July 23, 2013, Internal Revenue Service
senior executives who have program management responsibility
over significant functions of the Internal Revenue Service may
be paid a performance bonus without regard to the limitation in
section 5384(b)(2) if the Secretary of the Treasury finds such
award warranted based on the executive's performance.
* * * * * * *
----------
SECTION 122 OF THE DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE
JUICIARY, AND RELATED AGENCICES APPROPRIATIONS ACT, 1998
(Public Law 105-119)
Sec. 122. (a) * * *
* * * * * * *
(g)(1) Notwithstanding any other provision of law and subject
to paragraph (2), the Secretary of the Treasury is authorized
to establish, for a period of [8] 10 years from date of
enactment of this provision, a personnel management
demonstration project providing for the compensation and
performance management of not more than a combined total of 950
employees who fill critical scientific, technical, engineering,
intelligence analyst, language translator, and medical
positions in the Bureau of Alcohol, Tobacco and Firearms.
* * * * * * *
----------
SECTION 203 OF THE JUDICIAL IMPROVEMENTS ACT OF 1990
SEC. 203. DISTRICT JUDGES FOR THE DISTRICT COURTS.
(a) * * *
* * * * * * *
(c) Temporary Judgeships.--The President shall appoint, by
and with the advice and consent of the Senate--
(1) * * *
* * * * * * *
Except with respect to the district of Kansas, the western
district of Michigan, the eastern district of Pennsylvania, 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 16 years or more after the confirmation
date of the judge named to fill the temporary judgeship created
for such district under this subsection, shall not be filled.
The first vacancy in the office of district judge in the
western district of Michigan, occurring after December 1, 1995,
shall not be filled. The first vacancy in the office of
district judge in the eastern district of Pennsylvania,
occurring 5 years or more after the confirmation date of the
judge named to fill the temporary judgeship created for such
district under this subsection, shall not be filled. The first
vacancy in the office of district judge in the northern
district of Ohio occurring [15] 20 years or more after the
confirmation date of the judge named to fill the temporary
judgeship created under this subsection shall not be filled.
For districts named in this subsection for which multiple
judgeships are created by this Act, the last of those
judgeships filled shall be the judgeships created under this
section.
* * * * * * *
----------
SECTION 403 OF THE FEDERAL FINANCIAL MANAGEMENT ACT OF 1994
(Public Law 103-356)
SEC. 403. FRANCHISE FUND PILOT PROGRAMS.
(a) * * *
* * * * * * *
[(f) Termination.--The provisions of this section shall
expire on October 1, 2006.]
----------
TITLE 31, UNITED STATES CODE
* * * * * * *
CHAPTER 35--ACCOUNTING AND COLLECTION
SUBCHAPTER I--GENERAL
Sec.
3501. Definition.
* * * * * * *
SUBCHAPTER V--PROCUREMENT PROTEST SYSTEM
* * * * * * *
3557. Expedited action in protests for public-private competitions.
* * * * * * *
SUBCHAPTER V--PROCUREMENT PROTEST SYSTEM
Sec. 3551. Definitions
In this subchapter:
(1) * * *
[(2)(A) The term ``interested party'', with respect
to a contract or a solicitation or other request for
offers described in paragraph (1), means an actual or
prospective bidder or offeror whose direct economic
interest would be affected by the award of the contract
or by failure to award the contract.
[(B) The term includes the official responsible for
submitting the Federal agency tender in a public-
private competition conducted under Office of
Management and Budget Circular A-76 regarding an
activity or function of a Federal agency performed by
more than 65 full-time equivalent employees of the
Federal agency.]
(2) The term ``interested party''--
(A) with respect to a contract or a
solicitation or other request for offers
described in paragraph (1), means an actual or
prospective bidder or offeror whose direct
economic interest would be affected by the
award of the contract or by failure to award
the contract; and
(B) with respect to a public-private
competition conducted under Office of
Management and Budget Circular A-76 regarding
performance of an activity or function of a
Federal agency, or a decision to convert a
function performed by Federal employees to
private sector performance without a
competition under OMB Circular A-76, includes--
(i) any official who submitted the
agency tender in such competition; and
(ii) any one person who, for the
purpose of representing them in a
protest under this subchapter that
relates to such competition, has been
designated as their agent by a majority
of the employees of such Federal agency
who are engaged in the performance of
such activity or function.
* * * * * * *
Sec. 3557. Expedited action in protests for public-private competitions
For protests in cases of public-private competitions
conducted under Office of Management and Budget Circular A-76
regarding performance of an activity or function of Federal
agencies, the Comptroller General shall administer the
provisions of this subchapter in a manner best suited for
expediting final resolution of such protests and final action
in such competitions.
* * * * * * *
----------
SECTION 1491 OF TITLE 28, UNITED STATES CODE
Sec. 1491. Claims against United States generally; actions involving
Tennessee Valley Authority
(a) * * *
(b)(1) * * *
* * * * * * *
(5) If a private sector interested party commences an action
described in paragraph (1) in the case of a public-private
competition conducted under Office of Management and Budget
Circular A-76 regarding performance of an activity or function
of a Federal agency, or a decision to convert a function
performed by Federal employees to private sector performance
without a competition under Office of Management and Budget
Circular A-76, then an official or person described in section
3551(2)(B) of title 31 shall be entitled to intervene in that
action.
* * * * * * *
----------
SECTION 604 OF THE FAIR CREDIT REPORTING ACT
Sec. 604. Permissible purposes of reports
(a) In General.--Subject to subsection (c), any consumer
reporting agency may furnish a consumer report under the
following circumstances and no other:
(1) * * *
* * * * * * *
(3) To a person which it has reason to believe--
(A) * * *
* * * * * * *
(G) executive departments and agencies in
connection with the issuance of government-
sponsored individually-billed travel charge
cards.
* * * * * * *
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DISTRICT OF COLUMBIA OFFICIAL CODE
* * * * * * *
TITLE 2--GOVERNMENT ADMINISTRATION
* * * * * * *
CHAPTER 16--PUBLIC DEFENDER SERVICE
* * * * * * *
Sec. 2-1607. Appropriation; public grants and private contributions.
(a) [There are authorized to be appropriated through the
Court Services and Offender Supervision Agency for the District
of Columbia (or, until such Agency assumes its duties pursuant
to Sec. 24-133(a), through the Trustee appointed pursuant to
Sec. 24-132) in each fiscal year such sums as may be necessary
to carry out this chapter. Funds appropriated pursuant to this
subsection shall be transmitted by the Agency (or, if
applicable, by the Trustee) to the Service.] There are
authorized to be appropriated to the Service in each fiscal
year such funds as may be necessary to carry out this chapter.
The Service may arrange by contract or otherwise for the
disbursement of appropriated funds, procurement, and the
provision of other administrative support functions by the
General Services Administration or by other agencies or
entities, not subject to the provisions of the District of
Columbia Code or any law or regulation adopted by the District
of Columbia Government concerning disbursement of funds,
procurement, or other administrative support functions. The
Service shall submit an annual appropriations request to the
Office of Management and Budget.
* * * * * * *
TITLE 24--PRISONERS AND THEIR TREATMENT
* * * * * * *
CHAPTER 1--TRANSFER OF PRISON SYSTEM TO FEDERAL AUTHORITY
* * * * * * *
SUBCHAPTER III--OFFENDER SUPERVISION AND PAROLE
* * * * * * *
Sec. 24-133. Court Services and Offender Supervision Agency.
(a) * * *
* * * * * * *
[(f) Receipt and Transmittal of Appropriations for Public
Defender Service.--The Director of the Agency shall receive and
transmit to the District of Columbia Public Defender Service
all funds appropriated for such agency.]
* * * * * * *
Rescissions
Pursuant to the provisions of clause 3(f)(2) of rule XIII
of the Rules of the House of Representatives, the following is
submitted describing the rescissions recommended in the
accompanying bill:
Under Title I--Department of the Treasury
Under the Department of the Treasury, ``Air Transportation
Stabilization Program Account'', the Committee has included
language to rescind all unobligated balances.
Changes in the Application of Existing Law
Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of
the House of Representatives, the following statements are
submitted describing the effect of provisions proposed in the
accompanying bill which may be considered, under certain
circumstances, to change the application of existing law,
either directly or indirectly. The bill provides that
appropriations shall remain available for more than one year
for a number of programs for which the basic authorizing
legislation does not explicitly authorize such extended
availability. The bill provides, in some instances, for funding
of agencies and activities where legislation has not yet been
finalized. In addition, the bill carries language, in some
instances, permitting activities not authorized by law, or
exempting agencies from certain provisions of law, but which
has been carried in appropriations acts for many years.
The bill includes several limitations on official
entertainment, reception and representation expenses. Similar
provisions have appeared in many previous appropriations Acts.
The bill includes a number of limitations on the purchase of
automobiles or office furnishings. Similar limitations have
appeared in many previous appropriations Acts. Language is
included in several instances permitting certain funds to be
credited to the appropriations recommended.
TITLE I--DEPARTMENT OF THE TREASURY
Language has been included for Departmental Offices,
``Salaries and Expenses'', that provides funds for operation
and maintenance of the Treasury Building and Annex; hire of
passenger motor vehicles; maintenance, repairs, and
improvements of, and purchase of commercial insurance policies
for real properties leased or owned overseas; official
reception and representation expenses; unforeseen emergencies
of a confidential nature; Treasury-wide financial audits and
the period of availability and the transfer of these funds;
information technology modernization requirements; and
specifying certain amounts for individual offices of the
Departmental Offices and specifying transfer authority among
offices.
Language has been included for the Department-wide Systems
and Capital Investments Program that provides funds for the
development and acquisition of automated data processing
equipment, software, and services; provides transfer authority;
limits the availability of funds; and restricts the use of
funds to support or supplement IRS Operations Support or
Business Systems Management.
Language has been included for the Office of Inspector
General, ``Salaries and Expenses'', that provides funds to
carry out the provisions of the Inspector General Act of 1978,
including the hire of vehicles, and specifies amounts for
official travel expenses, official reception and representation
expenses, and unforeseen emergencies of a confidential nature.
Language has been 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, the purchase and hire of motor vehicles
and services authorized by 5 U.S.C. 3109; and specifies amounts
for travel expenses, official reception and representation
expenses, and unforeseen emergencies of a confidential nature.
Language has been included for the Air Transportation
Stabilization Program Account to charge fees to a borrower
associated with bankruptcy proceedings of the borrower.
Language has been included for the Financial Crime
Enforcement Network, ``Salaries and Expenses'', that provides
funds for hire of vehicles; the travel and training of non-
federal and foreign government personnel attending meetings or
training involving domestic or foreign financial law
enforcement, intelligence, and regulation; a specific amount
for official reception and representation expenses; the
purchase of personal services contracts; and assistance to
Federal law enforcement agencies with or without reimbursement.
Language is also included that limits the availability of a
certain amount.
Language has been included for the Financial Management
Service, ``Salaries and Expenses'', that provides a certain
amount for official reception and representation expenses and
limits the availability for systems modernization funds.
Language has been included for the Alcohol and Tobacco Tax
and Trade Bureau, ``Salaries and Expenses'', that provides
funds for the hire of passenger motor vehicles and laboratory
assistance to state and local agencies with or without
reimbursement. Language is also included with specifies the
amounts for official reception and representation expenses and
cooperative research and development.
Language has been included for the U.S. Mint, ``United
States Mint Public Enterprise Fund'' that identifies the source
of funding for the operations and activities of the U.S. Mint
and specifies the level of funding for circulating coinage and
protective service capital investments.
Language has been included for the Bureau of the Public
Debt, ``Administering the Public Debt'' that specifies funds
for official reception and representation expenses and systems
modernization; and provides that appropriations from the
General Fund will be reduced as fees are collected, and that a
portion of the funds are to be derived from the Oil Spill
Liability Trust Fund for administration of the Fund.
Language is included for the Community Development
Financial Institutions Fund Program Account that provides for
services authorized by 5 U.S.C. 3109 but at certain rates;
specific amounts for administrative expenses, the cost of
direct loans, and administrative expenses to carry our the
direct loan program; the cost of direct loans; and the
principal amount of the direct loans.
Language is included under Internal Revenue Service,
``Taxpayer Services'' that provides funds for pre-filing
assistance and education, filing account services, taxpayer
advocacy services, services authorized by 5 U.S.C. 3109; and
dedicating funding for the Tax Counseling for the Elderly
Program and low-income taxpayer clinic grants.
Language is included for Internal Revenue Service,
``Enforcement'' that provides funds to provide legal and
litigation support, conduct criminal investigations, enforce
criminal statutes, purchase and hire of vehicles, provide
services authorized by 5 U.S.C. 3109; dedicating funding for
the Interagency Crime and Drug Enforcement program and
associated transfer authority.
Language is included for the Internal Revenue Service,
``Operations Support'' that provides funds for operating and
supporting taxpayer services and tax law enforcement programs;
rent; facilities services; printing; postage; physical
security; headquarters and other IRS-wide administration
activities; research and statistics of income;
telecommunications; information technology development,
enhancement, operations, maintenance, and security; hire of
passenger motor vehicles; services authorized by 5 U.S.C. 3109;
and dedicating funding for information technology support,
research, the IRS Oversight Board, and official reception and
representation expenses.
Language has been 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 of said acquisitions, including
contractual costs associated with operation authorized by 5
U.S.C. 3109 and that restricts the use of the funds.
Language is included for the Internal Revenue Service,
``Health Insurance Tax Credit Administration'' to implement the
health insurance tax credit included in the Trade Act of 2002
(Public Law 107-210).
TITLE II--EXECUTIVE OFFICE OF THE PRESIDENT
Language under the Executive Office of the President and
Funds Appropriated to the President, ``Compensation of the
President'', provides that unused amounts of the President's
expense allowance will revert to the Treasury; mandates funds
are only available for their stated purpose; and specifies an
amount for an expense allowance.
Language under the White House Office, ``Salaries and
Expenses'', provides funds for services authorized by 5 U.S.C.
3109, subsistence expenses, hire of vehicles, newspapers,
periodicals, teletype news service, travel, and official
entertainment expenses. Language is also included specifying
funds available for the Privacy and Civil Liberties Oversight
Board.
Language under the Executive Residence at the White House,
``Operating Expenses'', provides funds for official
entertainment expenses of the President, and the care,
maintenance, repair and alteration, refurnishing, improvement,
heating, and lighting, including electric power and fixtures,
of the Executive Residence at the White House.
Language under the Executive Residence at the White House,
``Reimbursable Expenses'', specifies the authorized use of
funds; specifies that reimbursable expenses are the exclusive
authority of the Executive Residence to incur obligations and
receive offsetting collections; requires the sponsors of
political events to make advance payments; requires the
national committee of the political party of the President to
maintain $25,000 on deposit; requires the Executive Residence
to ensure that amounts owed are billed within 60 days of a
reimbursable event and collected within 30 days of the bill
notice; authorizes the Executive Residence to charge and assess
interest and penalties on late payments; authorizes all
reimbursements to be deposited into the Treasury as a
miscellaneous receipt; requires a report to the Committee on
the reimbursable expenses within 90 days of the end of the
fiscal year; requires the Executive Residence to maintain a
system for tracking and classifying reimbursable events; and
specifies that the Executive Residence is not exempt from the
requirements of subchapter I or II of chapter 37 of title 31,
United States Code.
Language under White House Repair and Restoration provides
funds for the repair, alteration, improvement, required
maintenance, safety and health issues, and continued
preventative maintenance of the Executive Residence at the
White House and provides that funds remain available until
expended.
Language under Office of Administration, ``Salaries and
Expenses'', provides funds for continued modernization of the
information technology infrastructure within the Executive
Office of the President, to remain available until expended.
Language under Office of Management and Budget, ``Salaries
and Expenses'', provides funds for expenses, the hire of
vehicles, carrying out provisions of chapter 35 of 44 U.S.C.;
specifies funds for official representation expenses; directs
that funds shall be applied only to items for which
appropriations were made; prohibits the review of agricultural
marketing orders and the alteration of certain testimony;
prohibits the use of funds for the purpose of altering the
transcript of testimony except for non-OMB officials; and
specifies the amount of time to perform budgetary policy
reviews of water resource matters on which the Chief of
Engineers has reported before the report is considered
approved, and specifies notification requirements.
Language under the Office of National Drug Control Policy,
``Salaries and Expenses'', provides funds for expenses,
research, official reception and representation expenses,
participation in joint projects, and allows for the acceptance
of gifts. Language is also included providing funds for policy
research and evaluation and making these funds available until
expended.
Language under the Counterdrug Technology Assessment Center
provides funds for counternarcotics research and development
and the technology transfer program, directs funds to supply
reduction activities, and provides for the transfer of funds to
other Federal departments or agencies.
Language under the Federal Drug Control Programs, ``High
Intensity Drug Trafficking Areas Program'', provides a certain
level of funding for State, local and Federal drug control
efforts, and provides for the transfer of funds to Federal
agencies and departments. Language is also included specifying
the amount of funds for auditing and associated activities,
directing funding to be no less than prior year initial
allocation levels unless the Director of the Office of National
Drug Control policy submits a request to the Committees on
Appropriations, and regarding the availability of funds.
Language under Other Federal Drug Control Programs provides
funds to support a national anti-drug campaign for youth, a
national media campaign, matching grants to drug-free
communities (with an amount specified to be made available as
directed by section 4 of Public Law 107-82, as amended by
Public Law 109-469), the National Drug Court Institute, section
1105 of Public Law 109-469, the U.S. Anti-Doping Agency, the
U.S. membership dues to the World Anti-Doping Agency, and
evaluation and research related to National Drug Control
Program performance measures; limits the availability of funds;
requires a certain level of funding for non-advertising
services of the media campaign and the continuation of the
corporate outreach program; provides for the transfer of some
funds to other Federal departments and agencies; and specifies
conditions for national media campaign funds.
Language under Special Assistance to the President and the
Official Residence of the Vice President, ``Salaries and
Expenses'', enables the Vice President to provide assistance to
the President, services authorized by 5 U.S.C. 3109 and 3
U.S.C. 106, subsistence, and the hire for vehicles.
Language under Special Assistance to the President and the
Official Residence of the Vice President, ``Operating
Expenses'', provides funds for operation and maintenance of the
official residence of the Vice President, the hire of vehicles,
official entertainment expenses and provides for the transfer
of funds as necessary.
TITLE III--THE JUDICIARY
Under Supreme Court, ``Salaries and expenses'' language is
included permitting certain funds to remain available until
expended and specifying certain amounts for specific purposes.
Under Supreme Court, ``Care of the Building and Grounds''
language is included permitting funds to remain available until
expended.
Under Courts of Appeals, District Courts, and Other
Judicial Services, ``Salaries and Expenses'' language is
included specifying certain funds remain available until
expended for specific purposes. Language is also included
providing funding from the Vaccine Injury Compensation Trust
Fund for certain purposes.
Under Defender Services, language is included permitting
funds to remain available until expended.
Under Fees of Jurors and Commissioners, language is
included permitting funds to remain available until expended
and specifying limitations for the compensation of land
commissioners.
Under Court Security, language is included permitting
certain funds to remain available until expended, which may be
transferred to the United States Marshals Service.
Under Administrative Office of the United States Courts,
``Salaries and expenses'' language is included specifying
certain amounts for official reception and representation
expenses.
Under Federal Judicial Center, ``Salaries and expenses''
language is included permitting certain funds to remain
available until expended for education and training, and
specifying certain amounts for official reception and
representation expenses.
Under Judicial Retirement Funds, ``Payment to Judiciary
Trust Funds'' language is included specifying certain amounts
for payments to specific trust funds.
Under United States Sentencing Commission, ``Salaries and
expenses'' language is included specifying certain amounts for
official reception and representation expenses.
TITLE IV--DISTRICT OF COLUMBIA
Language under ``Federal Payment for Resident Tuition
Support'' provides that the amount appropriated shall remain
available until expended; specifies conditions for the use,
award, and financial accounting of funds; requires a quarterly
financial report; and specifies the amount available for
administrative expenses.
Language under ``Federal Payment for Emergency Planning and
Security Costs in the District of Columbia'' provides that the
amount appropriated shall remain available until expended, is
available for reimbursement for certain events, and is
available only after it has been apportioned pursuant to
chapter 15 of title 31, U.S.C. and specifies certain amounts
for certain purposes.
Language under ``Federal Payment to the District of
Columbia Courts'': (1) provides that all amounts under this
heading shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same
manner as funds appropriated for salaries and expenses of other
Federal agencies, with payroll and financial services to be
provided on a contractual basis with the General Services
Administration; (2) specifies certain amounts for specific
purposes; (3) allows funds made available for capital
improvements to remain available until September 30, 2008; and
(4) provides for the reallocation of funds.
Language under ``Defender Services in the District of
Columbia Courts'': (1) provides that the amount appropriated
shall remain available until expended; (2) authorizes funds
provided in other appropriations to be used for payments under
this heading; (3) specifies who shall administer these funds;
and (4) provides that all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget
and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal
agencies, with payroll and financial services to be provided on
a contractual basis with the General Services Administration.
Language under ``Federal Payment to the Court Services and
Offender Supervision Agency for the District of Columbia'': (1)
specifies certain amounts for specific purposes and programs;
(2) provides that all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget
and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal
agencies; (3) authorizes the Director to accept and use gifts
to support offender and defendant programs and equipment and
vocational training services to educate and train offenders and
defendants, and details for recording the acceptance of such
gifts; and (4) authorizes the Director to charge fees to cover
the costs of training and materials distributed at conferences.
Language under ``Federal Payment to District of Columbia
Public Defender Service'' provides 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 under ``Federal Payment to the District of
Columbia Water and Sewer Authority'' provides that the amount
appropriated shall remain available until expended and
specified amounts shall be matched by the District and WASA.
Language under ``Federal Payment to the Criminal Justice
Coordinating Council'' provides that the amount appropriated
shall remain available until expended to support initiatives
related to the coordination of Federal and local criminal
justice resources.
Language under ``Federal Payment to the Office of the Chief
Financial Officer of the District of Columbia'' provides that
each entity receiving funds submit to the Office of the Chief
Financial Officer (CFO) a report, and that the CFO submit a
report to the Committees on Appropriations.
Language under ``Federal Payment for School Improvement''
provides certain amounts for specific purposes, including funds
to expand quality public charter schools in the District of
Columbia, which shall remain available until September 20,
2008.
Language under ``Federal Payment for Consolidated
Laboratory Facility'' provides amounts for certain purposes and
specifies that a matching amount will be provided by the
District of Columbia.
Language under ``Federal Payment for Central Library and
Branch Locations'' provides amounts for certain purposes and
are available until expended.
Language under ``Federal Payment to Reimburse the Federal
Bureau of Investigation'' provides amounts for certain purposes
and makes them available until September 30, 2010.
Language under ``District of Columbia Funds'' (1) limits
the amount provided in this Act for the District of Columbia;
(2) identifies the source of funds, including a rescission of
prior year local funds; (3) establishes the District's
intradistrict authority; (4) sets funds subject to the
provisions of and allocated and expended as proposed in the
fiscal year 2007 District of Columbia Budget and Financial
Plan; (5) provides conditions for increasing the amount
provided; and (6) directs the Chief Financial Officer to assure
the District of Columbia meets all requirements, but prohibits
the reprogramming of capital projects.
TITLE V--INDEPENDENT AGENCIES
Language is included for the Consumer Product Safety
Commission, ``Salaries and Expenses'' that provides funds for
expenses, the hire of motor vehicles, services as authorized by
5 U.S.C. 3109 (with a limitation on rates for individuals),
nominal awards, and official reception and representation
expenses.
Language is included for the Election Assistance
Commission, ``Salaries and Expenses'' that allows for the
transfer of funds to the National Institute of Standards and
Technology for election reform activities.
Language is included for the Election Assistance
Commission, ``Election Reform Programs'' for requirements
payments under section 257 of Public Law 107-252, but only for
States that file a new State plan. Funds are also made
available for the Help America Vote College Program and the
National Student and Parent Mock Election, as authorized under
Public Law 107-252.
Language is included under the Federal Communications
Commission, ``Salaries and Expenses'', permitting funds for
uniforms and allowances therefor, official reception and
representation expenses, purchase and hire of motor vehicles,
and special counsel fees. Language provides for the assessment
and collection of offsetting collections, authorizes retention
of such collections, and provides that they remain available
until expended. Language removes the availability for
obligation of excess collections. Language waives existing law
concerning proceeds from the use of a competitive bidding
system. Language is also included regarding the transfer of
funds from the Universal Service Fund.
Language is included for the Federal Deposit Insurance
Corporation, ``Office of Inspector General'' that provides for
the funds to be derived from the Bank Insurance Fund, the
Savings Association Insurance Fund, and the FSLIC Resolution
Fund, or any successor to these funds.
Language is included for the Federal Election Commission,
``Salaries and Expenses'' that specifies funds for internal
automated data processing systems and reception and
representation expenses.
Language is included for the Federal Labor Relations
Authority, ``Salaries and Expenses'' that provides funds for
services authorized by 5 U.S.C. 3109, the hire of experts and
consultants, hire of motor vehicles, and the rental of
conference rooms; authorizes travel payments to public members
of the Federal Service Impasses Panel; and allows for fees
collected to be transferred to and merged with the
appropriation.
Language is included for the Federal Trade Commission,
``Salaries and Expenses'' permitting funds for uniforms and
allowances therefor, services authorized by 5 U.S.C. 3109,
official reception and representation expenses, hire of motor
vehicles, and contract for collection services. Language
provides for the crediting and retention of certain fees.
Language also prohibits funds from being used to implement
subsection (e)(2)(B) of section 43 of the Federal Deposit
Insurance Act.
Language is included for the General Services
Administration, ``Federal Buildings Fund'' that allows for
revenues and collections to be deposited in the Fund; specifies
the conditions under which funds made available can be used and
designates certain projects that can be undertaken; limits the
availability of funds; and requires the approval to change the
amounts identified. Many technical provisions have been
included regarding use of funds in the Federal Buildings Fund
that are not specifically authorized by law. Language has been
included that limits project funds available for construction
and repair and alteration of buildings not authorized by law. A
more detailed analysis of the Federal Buildings Funds can be
found in the General Services Administration chapter of this
report.
Language is included for General Services Administration,
``Policy & Operation's'' that provides funds for policy and
evaluation activities associated with the management of real
and personal property assets and certain administrative
services; support responsibilities relating to acquisition,
telecommunications, information technology management, and
related technology activities; and services authorized by 5
U.S.C. 3109.
Language is also included that provides funds for expenses
for activities associated with personal and real property;
technology management and activities; information access
activities; agency-wide policy direction and management; other
support services; and official reception and representation
expenses.
Language is included for the General Services
Administration, ``Office of Inspector General'' that provides
funds for information and detection of fraud; and for awards in
recognition of efforts that enhance the office.
Language is included for the General Services
Administration, ``Electronic Government Fund'' that provides
funds for conducting activities electronically, limits the
availability of funds, and allows these funds to be
transferred.
Language is included for the General Services
Administration, ``Allowances and Office Staff for Former
Presidents'' that allows a portion of these funds to be
transferred.
Language is included for the General Services
Administration, ``Federal Citizen Information Center Fund''
that authorizes funds to be deposited in the Fund and limits
the availability of funds in the Fund.
Language is included for the Merit Systems Protection
Board, ``Salaries and Expenses'', that provides funds for
services authorized by 5 U.S.C. 3109, rental of conference
rooms, hire of passenger motor vehicles, direct procurement of
survey printing, official reception and representation
expenses, and administrative expenses to adjudicate retirement
appeals, and provides for the transfer of some funds.
Language is included for the Morris K. Udall Scholarship
and Excellence in National Environmental Policy Foundation,
``Morris K. Udall Scholarship and Excellence in National
Environmental Policy Trust Fund'', that limits the availability
of funds, specifies an amount for financial audits, and
provides for the transfer of some funds.
Language is included for the Morris K. Udall Scholarship
and Excellence in National Environmental Policy Foundation,
``Environmental Dispute Resolution Fund'' that limits the
availability of funds.
Language is included for National Archives and Records
Administration, ``Operating Expenses'', that provides funds for
the hire of passenger motor vehicles, activities of the Public
Interest Declassification Board, and the review and
declassification of documents; and authorizes the use of excess
funds from the amount borrowed for construction for certain
purposes.
Language is included for National Archives and Records
Administration, ``Electronic Records Archives'' that provides
funds for the development of electronic records archives,
research and analysis, design, development and program
management; and limits the availability of funds.
Language is included for National Archives and Records
Administration, ``Repairs and Restoration'' that provides funds
for the repair, alteration, improvement, and storage; and
limits the availability of funds.
Language is included for National Archives and Records
Administration, ``National Historical Publications and Records
Commission Grants Program'' that provides funds for allocations
and grants for historical publications and records; provides of
the transfer of funds for operating expenses; and limits the
availability of funds.
Language is included under the National Credit Union
Administration, ``Central Liquidity Facility'' that limits
gross obligations and administrative expenses.
Language is included under the National Credit Union
Administration, ``Community Development Credit Union Revolving
Loan Fund'' that provides funds for technical assistance and
limits the availability of funds.
Language is included under Office of Government Ethics,
``Salaries and Expenses'' that provides funds for services
authorized by 5 U.S.C. 3109, rental of conference rooms, hire
of passenger motor vehicles, and official reception and
representation expenses.
Language is included under Office of Personnel Management,
``Salaries and Expenses'' that provides funds for services
authorized by 5 U.S.C. 3109, medical examinations for veterans,
rental of conference rooms, hire of passenger motor vehicles,
official reception and representation expenses, advances for
reimbursements, payment of per diem and/or subsistence
allowances, the Enterprise Human Resources Integration project,
the Human Resources Line of Business project, the E-Payroll
project, the E-Training program, and the transfer of
administrative expenses; limits the availability of some funds;
directs that provisions shall not affect other authorities;
prohibits for the Legal Examining Unit; and authorizes the
acceptance of donations under certain conditions.
Language is included for Office of Inspector General,
``Salaries and Expenses'' that provides funds for services
authorized by 5 U.S.C. 3109, hire of passenger motor vehicles,
rental of conference rooms, and the transfer of administrative
expenses.
Language is included for Payment to Civil Service
Retirement and Disability Fund that authorizes payments of
certain annuities from the Civil Service Retirement and
Disability Fund.
Language is included for Office of Special Counsel,
``Salaries and Expenses'' that provides funds for services
authorized by 5 U.S.C. 3109, payment of fees and expenses for
witnesses, rental of conference rooms, and the hire of
passenger motor vehicles.
Language is included for Securities and Exchange
Commission, ``Salaries and Expenses'' that provides for rental
of space, reception and representation expenses, a permanent
secretariat for the International Organization of Securities
Commissions, and consultations and meetings hosted by the
Commission. Language is included that provides for the
crediting of offsetting collections and unobligated balances of
funds previously appropriated.
Language is included for Selective Service System,
``Salaries and Expenses'' that provides funds for attendance of
meetings, training, uniforms, hire of passenger motor vehicles,
services authorized by 5 U.S.C. 3109, and official reception
and representation expenses; authorizes certain exemptions
under certain conditions; and prohibits funds used in
connection with the induction of any person into the Armed
Forces of the United States.
Language is included for Small Business Administration,
``Salaries and Expenses'', that provides for hire of motor
vehicles and official reception and representation expenses.
Language is also included to provide authority to charge fees
and credit such fees to the account without further
appropriation.
Language is included for Small Business Administration,
``Business Loans Program Account'', limiting commitments for
certain guarantee loan programs. Language is also included
authorizing the transfer of funds for administrative expenses.
Language is included for Small Business Administration,
``Direct Loans Program Account'' that provides for the transfer
of funds to ``Office of Inspector General'' and to ``Salaries
and Expenses'', as well as specifying the treatment of certain
transfers as a reprogramming of funds.
Language is included under ``Administrative Provision--
Small Business Administration'' authorizing transfer of funds
between Small Business Administration appropriations.
Language is included for the United States Interagency
Council on Homelessness, ``Operating Expenses'' that provides
funds for salaries, travel, hire of passenger motor vehicles,
rental of conference rooms, and the employment of experts and
consultants.
Language is included for the United States Postal Service,
``Payment to the Postal Service Fund'' that provides funds for
revenue foregone; limits the availability of obligation of some
funds; stipulates that mail for overseas voting and mail for
the blind is free; stipulates that 6-day delivery and rural
mail delivery shall continue at not less than the 1983 level;
prohibits funds from being used to charge a fee to a child
support enforcement agency seeking the address of a postal
customer; and prohibits funds from being used to consolidate or
close small rural and other small post offices.
Language is included for the United States Tax Court,
``Salaries and Expenses'' that provides funds for contract
reporting and services authorized by 5 U.S.C. 3109; and that
travel expenses of the judges shall be paid upon written
certificate of the judge.
ADMINISTRATIVE AND GENERAL PROVISIONS
Sections 101, 111, 112, 201, and 302 include legislative
transfer authorities.
Section 811 may be construed as placing a legislative
limitation on the use of funds in the bill.
Sections 102, 103, 104, 105, 110, 113, 115, 118, 202, 301,
303, 304, 501, 502, 503, 504, 505, 506, 601, 603, 604, 605,
606, 607, 608, 609, 610, 611, 612, 614, 620, 621, 702, 703,
704, 705, 706, 707, 708, 713, 715, 716, 719, 724, 729, 731,
732, 737, 739, 742, 743, 744, 801, 802, 803, 804, 805, 806,
808, 809, 810, 813, 815, 816, 817, 818, 819, 820, 821, 822, and
824 establish affirmative directions, confer new authorities,
or impose new responsibilities on departments or agencies
funded by the bill.
Sections 106, 114, 117, 701, 709, 710, 717, 718, 720, 721,
722, 723, and 740 do not apply solely to the appropriations
within this bill.
Sections 733 and 814 propose to state a legislative
position.
Section 730 repeals existing law.
Sections 613, 617, 619, 712, 714, 725, 726, 727, 728, 734,
735, 736, 738, and 807 waive existing law.
Sections 107, 108, 109, 116, 305, and 823 amend existing
law.
Comparison With the Budget Resolution
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the
House of Representatives and section 308(a)(1)(A) of the
Congressional Budget Act of 1974 (Public Law 93-344), the
following table compares the levels of new budget authority
provided in the bill with the appropriate allocation under
section 302(b) of the Budget Act.
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
302(b) allocation This bill
---------------------------------------------------------------------------
Budget authority Outlays Budget authority Outlays
----------------------------------------------------------------------------------------------------------------
Discretionary....................... 21,028 21,650 21,434 21,359
Mandatory........................... 21,394 21,388 21,394 21,388
----------------------------------------------------------------------------------------------------------------
Note.--The amounts in this bill are technically in excess of the subcommittee section 302(b) suballocation.
However, pursuant to section 207(d) of the congressional budget resolution for fiscal year 2008, increases to
the Committee's section 302(a) allocation are authorized for funding in the reported bill for program
integrity initiative spending relating to Internal Revenue Service tax compliance. After the bill is reported
to the House, the Chairman of the Committee on the Budget will provide an increased section 302(a) allocation
consistent with the funding provided in the bill. That new allocation will eliminate the technical difference
prior to floor consideration.
Five-Year Outlay Projections
In compliance with section 308(a)(1)(B) of the
Congressional Budget Act of 1974, the following table contains
five-year projections associated with the budget authority
provided in the accompanying bill as provided to the Committee
by the Congressional Budget Office.
[In millions of dollars]
------------------------------------------------------------------------
Outlays
------------------------------------------------------------------------
2008................................................. 38,300
2009................................................. 3,129
2010................................................. 537
2011................................................. 263
2012 and future years................................ 187
------------------------------------------------------------------------
Financial Assistance to State and Local Governments
In accordance with section 308(a)(1)(C) of the
Congressional Budget Act of 1974, the Congressional Budget
Office has provided the following estimates of new budget
authority and outlays provided by the accompanying bill for
financial assistance to State and local governments.
[In millions of dollars]
------------------------------------------------------------------------
Budget Authority Outlays
------------------------------------------------------------------------
Financial assistance to State and 668 467
Local governments for 2008.......
------------------------------------------------------------------------
Earmarks
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, this bill, as reported, contains the
following congressional earmarks, limited tax benefits, or
limited tariff benefits as defined in clause 9(d), 9(e), or
9(f) of rule XXI.
Full Committee Votes
Pursuant to the provisions of clause 3(b) of rule XIII of
the Rules of the House of Representatives, the result of each
roll call vote on an amendment or on a motion to report,
together with the names of those voting for and those voting
against, are to be printed.
There were no roll call votes.
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 fiscal year 2007 enacted amounts and budget estimates
presented for fiscal year 2008:
ADDITIONAL VIEWS OF THE HON. JERRY LEWIS AND HON. RALPH REGULA
The Financial Services and General Government
Appropriations Bill provides $21,434,000,000 in discretionary
budget authority, which is $242,898,000 below the President's
budget request, and $1,916,125,000 above fiscal year 2007. The
bill provides funding for a diverse number of agencies
performing activities such as regulating the financial and
telecommunications industries, collecting taxes and providing
taxpayer assistance, providing capital to small businesses and
disadvantaged communities, supporting the operations of the
White House and Federal Judiciary, providing Federal payments
to the District of Columbia, operating and maintaining Federal
buildings, managing the Federal workforce, assisting in the
administration of Federal elections, and protecting consumers
and investors. While the bill provides significant increases
for many of these activities, in total the bill provides
funding below the level requested by the Administration. We
appreciate that the Subcommittee Chairman allowed the Minority
to provide input into drafting the bill.
The bill provides important increases for the Internal
Revenue Service (IRS) in order to close the nearly $300 billion
tax gap, which is the difference between the amount of taxes
owed and amount actually paid. We support the funds provided in
the bill to enhance taxpayer services, tax enforcement, and
information technology capabilities at the IRS. However, we are
concerned that the bill includes a restrictive $1,000,000
limitation on expenditures associated with private debt
collections. This program, authorized by the American Jobs
Creation Act, is estimated to collect $1.4 billion in taxes
over ten years. Additionally, while the bill fully funds the
IRS' enforcement request, it does not provide funding over the
budget request to compensate for the limitation on private debt
collections. It should also be noted that the Inspector General
for Tax Administration reviewed the private debt collection
program and stated that the ``IRS has taken proactive measures
to effectively develop and implement the Program''.
The bill provides $226,000,000 for the Office of National
Drug Control Policy's High Intensity Drug Trafficking Areas
(HIDTA) program. We are supportive of this funding level for
HIDTA which is $1,270,000 above the current year and $6,000,000
above the request. With the rise in violent crime across the
country, it is important that this program receive adequate
funding.
The bill provides $225,166,000 for the operations of the
Office of Personnel Management (OPM), which is $1,015,000 above
fiscal year 2007 and $11,465,000 above the budget request. The
Committee heard testimony that 60 percent of the Federal
workforce will be eligible to retire in the next ten years. We
look forward to continuing to work with the Chairman and OPM to
ensure that the Federal government is prepared to address this
retirement wave.
EDUCATION
We are supportive of the financial education initiatives
included in the bill for the Department of Treasury's Office of
Financial Education, the IRS, and the Securities and Exchange
Commission. We hope to work with the Chairman to further
develop these initiatives as the bill moves through the
appropriations process to ensure maximum programmatic impact.
The bill provides funding to improve education in the
District of Columbia including $35,100,000 for college tuition
assistance, $40,800,000 for school improvement, and $10,000,000
to improve libraries. These funds will help support the Mayor's
efforts to address the problems of the District of Columbia
school system. Improving education in the District of Columbia
will enhance the City's future by providing children with
opportunities. We support the funding that has been included in
the bill and look forward to working with the Chairman to help
the Mayor and City Council in their reform efforts.
SERRANO AMENDMENT
We were supportive of the Chairman's Subcommittee mark for
the Small Business Administration (SBA) which provides
$100,000,000 for Small Business Development Centers. However,
we are disappointed that the Serrano amendment offered in Full
Committee was adopted. This amendment provided $80,000,000 to
subsidize 7(a) business loans. The adoption of this amendment
ignores the fact that the 7(a) program has been operating at
record levels without a subsidy appropriation since the
beginning of fiscal year 2005. Past practice has proven that
subsidies limit access to SBA loans if demand for loans exceeds
the availability of appropriations. In many past years, SBA has
been forced to temporarily shut the program down or impose loan
limits in order to live within available appropriations. During
the 1990s, the average loan approval volume was 40,181 loans
totaling $8.6 billion in loans per year. Since it became a zero
subsidy loan program, loan approvals increased to 95,900 loans
and $15.2 billion in fiscal year 2005 and 97,200 approved loans
and $13.8 billion in fiscal year 2006. In testimony before the
Committee, the SBA Administrator testified that ``With the zero
subsidy operation in place the program has been able to expand
without the threat of a shut down. Zero subsidy is good
stewardship of taxpayers' money while creating a more stable
loan program for small business.'' It is irresponsible during
times of budget deficits for Congress to provide appropriations
to programs that do not need Federal funding. The absence of
appropriations for 7(a) loans does not hurt the operation of
the program.
In addition, this amendment cut important funding from
General Services Administration's (GSA) Federal Buildings Fund
repairs and alterations account. GSA's current backlog of
repairs and alterations of Federal buildings is estimated at
$6,600,000,000. The fiscal year 2008 request is considered a
minimum to operate and maintain GSA's assets. Limiting repairs
and alterations funding forces GSA to house Federal workers in
more commercial leases rather than continue in government-owned
buildings at a net cost to the U.S. taxpayer. Cutting an
additional $31,000,000 from this account just digs the GSA into
a deeper hole and only delays much needed repairs for buildings
into the next fiscal year.
The amendment also cuts $29,000,000 from the U.S. Postal
Service revenue foregone account. Failure to fund this
authorized appropriation places the remaining debt of more than
$800,000,000 at risk of nonpayment, significantly increasing
postal costs. As the Postal Service works to address its long-
term obligations in a responsible manner, it is
counterproductive to increase those costs through nonpayment of
a debt already deferred by interest free installment payments
spread over a period of 42 years. This funding paid for past
political mailings by both political parties, mailings of non-
profit organizations and free mail for blind persons and
overseas ballots. The failure to provide funds for these
services will require the Postal Service to record these
obligations as a bad debt and will unfairly transfer these
costs to postage ratepayers. Cutting $29,000,000 from the
revenue forgone account is the equivalent of Congress not
following its own directives.
ELECTION ASSISTANCE COMMISSION
We are also concerned that the bill includes $300,000,000
in unrequested funding for election assistance grants. While
the Help America Vote Act of 2002 authorized $3.9 billion for
grants to the States to improve their voting systems, no
funding is authorized to be appropriated for this purpose in
fiscal year 2008. With Presidential primaries beginning in
January, it seems unlikely that these funds could possibly be
used effectively before the 2008 election season begins. It
should also be noted that the Election Assistance Commission
has recently reported to the Committee that as of the end of
October, the States had more than $1.3 billion in available
balances from prior year appropriations.
REPORT LANGUAGE
The front of the Committee report accompanying this bill
complains that since 1980, non-defense discretionary spending
has declined as a percentage of gross domestic product making
it ``not surprising that government is unable to meet many
basic needs''. However, it should be noted that non-defense
discretionary budget authority has increased by 157 percent
from 1980 to 2007. This is an average increase of almost 6
percent per year. The idea that a 6 percent per year increase
in spending is not sufficient is difficult to understand.
Additionally, the Committee report does not mention that gross
domestic product has grown in real terms by 121 percent from
1980 to 2006. Clearly, the economy has remained strong over the
long term.
The front of the Committee report accompanying this bill
also states that ``the Federal workforce has been under
attack''. While we believe that the Administration needs to
continue to work to improve management of the Federal workforce
including enhancing programs to attract and retain professional
staff and reward performance, stating that the Federal
workforce is under attack is an exaggeration. The Committee
heard testimony from the Office of Personnel Management that
they have 1.9 million resumes on file and send over 260,000
emails daily to people seeking Federal employment. If the
Federal workforce were truly under attack, why would so many
people seek Federal employment?
CONCLUSION
We appreciate that the bill provides a level of funding
below the budget request and hope that it can be improved as it
moves forward through the appropriations process. Additionally,
we hope that the final bill will remain free of controversial
policy riders that will result in a veto by the President.
Jerry Lewis.
Ralph Regula.
