[DOCID: f:sr417.110]
From the Senate Reports Online via GPO Access
[wais.access.gpo.gov]
Calendar No. 877
110th Congress Report
SENATE
2d Session 110-417
======================================================================
FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS BILL, 2009
_______
July 14, 2008.--Ordered to be printed
_______
Mr. Durbin, from the Committee on Appropriations,
submitted the following
REPORT
[To accompany S. 3260]
The Committee on Appropriations reports the bill (S. 3260)
making appropriations for financial services and general
government for the fiscal year ending September 30, 2009, and
for other purposes, reports favorably thereon and recommends
that the bill do pass.
Amounts of new budget (obligational) authority for fiscal year 2009
Total of bill as reported to the Senate................. $44,755,883,000
Amount of 2008 appropriations........................... 43,658,154,000
Amount of 2009 budget estimate.......................... 44,226,913,000
Bill as recommended to Senate compared to--
2008 appropriations................................. +1,097,729,000
2009 budget estimate................................ +528,970,000
CONTENTS
----------
Page
Summary of Bill.................................................. 4
Title I: Department of the Treasury:
Departmental Offices......................................... 8
Department-Wide Systems and Capital Investments Program...... 12
Office of the Inspector General.............................. 12
Treasury Inspector General for Tax Administration............ 13
Air Transportation Stabilization Program Account............. 00
Financial Crimes Enforcement Network......................... 14
Financial Management Service................................. 16
Alcohol and Tobacco Tax and Trade Bureau..................... 17
United States Mint........................................... 17
Bureau of the Public Debt.................................... 18
Community Development Financial Institutions Fund............ 18
Bureau of Engraving and Printing............................. 19
Internal Revenue Service..................................... 20
Taxpayer Services........................................ 23
Enforcement.............................................. 26
Operations Support....................................... 28
Business Systems Modernization........................... 29
Health Insurance Tax Credit Administration............... 30
Administrative Provisions--Department of the Treasury........ 31
Title II: Executive Office of the President and Funds
Appropriated to the President:
Compensation of the President................................ 33
White House Office........................................... 33
Executive Residence at the White House....................... 34
White House Repair and Restoration........................... 34
Council of Economic Advisers................................. 35
Office of Policy Development................................. 35
National Security Council.................................... 36
Office of Administration..................................... 37
Office of Management and Budget.............................. 37
Office of National Drug Control Policy....................... 38
Funds Appropriated to the President:
High Intensity Drug Trafficking Areas.................... 41
Other Federal Drug Control Programs...................... 42
Unanticipated Needs.......................................... 45
Special Assistance to the President.......................... 46
Official Residence of the Vice President..................... 46
Title III: The Judiciary:
Supreme Court of the United States........................... 48
United States Court of Appeals for the Federal Circuit....... 49
U.S. Court of International Trade............................ 50
Courts of Appeals, District Courts, and Other Judicial
Services................................................... 50
Vaccine Injury Compensation Fund............................. 52
Defender Services............................................ 52
Fees of Jurors and Commissioners............................. 53
Court Security............................................... 53
Administrative Office of the United States Courts............ 54
Federal Judicial Center...................................... 54
Judicial Retirement Funds.................................... 55
United States Sentencing Commission.......................... 55
Administrative Provisions--The Judiciary..................... 55
Title IV--District of Columbia:
Federal Funds:
Federal Payment for Resident Tuition Support............. 57
Federal Payment for Emergency Planning and Security Costs
in the District of Columbia............................ 58
Federal Payment to the District of Columbia Courts....... 59
Defender Services in District of Columbia Courts......... 60
Federal Payment to the Court Services and Offender
Supervision Agency for the District of Columbia........ 61
Federal Payment to the Public Defender Service for the
District of Columbia................................... 62
Federal Payment to the District of Columbia Water and
Sewer Authority........................................ 62
Federal Payment to the Criminal Justice Coordinating
Council................................................ 63
Federal Payment to the Office of the Chief Financial
Officer of the District of Columbia.................... 63
Federal Payment for School Improvement................... 64
Federal Payment for Consolidated Laboratory Facility..... 66
Federal Payment to Jump Start Public School Reform....... 67
Federal Payment for Central Library and Branch Locations. 68
Federal Payment to Reimburse the Federal Bureau of
Investigation.......................................... 68
Federal Payment to the Executive Office of the Mayor of
the District of Columbia............................... 69
District of Columbia Local Operating Budget.................. 00
Title V--Independent Agencies:
Christopher Columbus Fellowship Foundation................... 71
Commodity Futures Trading Commission......................... 71
Consumer Product Safety Commission........................... 73
Election Assistance Commission............................... 74
Federal Communications Commission............................ 74
Federal Deposit Insurance Corporation: Office of Inspector
General.................................................... 77
Federal Election Commission.................................. 77
Federal Labor Relations Authority............................ 78
Federal Trade Commission..................................... 79
General Services Administration.............................. 81
Merit Systems Protection Board............................... 91
Morris K. Udall Scholarship and Excellence in National
Environmental Policy Foundation............................ 91
National Archives and Records Administration................. 92
National Historical Publications and Records Commission...... 95
National Credit Union Administration......................... 96
Office of Government Ethics.................................. 98
Office of Personnel Management............................... 98
Office of Special Counsel.................................... 104
Postal Regulatory Commission................................. 105
Privacy and Civil Liberties Oversight Board.................. 106
Securities and Exchange Commission........................... 106
Selective Service System..................................... 108
Small Business Administration................................ 109
Harry S. Truman Scholarship Foundation....................... 114
United States Postal Service................................. 115
United States Postal Service: Office of Inspector General.... 117
United States Tax Court...................................... 118
Title VI--General Provisions--This Act........................... 120
Title VII--General Provisions--Government-Wide................... 122
Title VIII--General Provisions--District of Columbia............. 126
Compliance With Paragraph 7, Rule XVI of the Standing Rules of
the Sen-
ate............................................................ 128
Compliance With Paragraph 7(c), Rule XXVI of the Standing Rules
of the Senate.................................................. 129
Compliance With Paragraph 12, Rule XXVI of the Standing Rules of
the Senate..................................................... 130
Budgetary Impact of Bill......................................... 145
Disclosure of Congressionally Directed Spending Items............ 145
SUMMARY OF THE BILL
Fiscal year 2009 marks the second year for the Financial
Services and General Government appropriations bill. The bill
provides funding for the Department of the Treasury, including
the Internal Revenue Service; the Executive Office of the
President; the Judiciary; the District of Columbia; and more
than two dozen independent Federal agencies.
The Committee recommends $44,755,883,000 in discretionary
and mandatory appropriations. This represents an increase of
$1,097,729,000 over the fiscal year 2008 enacted level, and an
increase of $528,970,000 over the budget request. Of the total,
$22,870,000,000 is provided in discretionary appropriations,
$502,726,000 above the budget request of $22,367,274,000.
Mandatory appropriations total $21,885,883,000.
The Committee-recommended bill is consistent with the
allocation for the Financial Services and General Government
appropriations bill. The Committee has made difficult but
necessary decisions to craft a bill that is within strict
fiscal limitations. The President's budget request for the
agencies funded by this bill leaves gaps in funding for
community development financial assistance, valuable drug
control programs, tax systems modernization, regulatory
oversight and enforcement of financial and futures markets,
repair of historical buildings, inspector general audits, and
support for small businesses.
PROJECT FUNDING
------------------------------------------------------------------------
Items in Senate
bill at Congressionally
Agency President's directed spending
request in Senate bill
------------------------------------------------------------------------
District of Columbia.............. ................. $5,250,000
General Services Administration... $925,846,000 146,872,000
National Archives and Records ................. 24,000,000
Administration...................
Office of National Drug Control ................. 2,250,000
Policy...........................
Small Business Administration..... ................. 34,725,500
-------------------------------------
Total....................... 925,846,000 213,097,500
-------------------------------------
Combined Total Project
Funding in bill............ 1,138,943,500
------------------------------------------------------------------------
The Small Business Administration account includes
congressionally directed spending totaling $34,725,000 for 74
projects. Total funding for congressionally directed spending
in the Small Business Administration account is the same as the
fiscal year 2008 enacted level. The President did not request
any specific projects. The Committee includes two
congressionally directed spending items for the District of
Columbia. Within the General Services Administration, the
President requested $925,846,000, of which $620,119,000 is for
construction of Federal buildings and of which $305,727,000 is
for repair of Federal buildings. The Committee includes
$146,872,000 above the budget request for two Federal building
construction projects, one to complete the project and the
other to help keep the project on schedule. Within the National
Archives and Records Administration, the President requested
$9,211,000 for basic repairs and the Committee provides an
additional $24,000,000 in additional funding for repair of
presidential libraries. The Committee includes funding for two
drug programs within the Office of National Drug Control Policy
that were zeroed out by the President.
PROGRAM, PROJECT, AND ACTIVITY
During fiscal year 2009, 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'' [PPA] shall mean any item for which a dollar amount
is contained in appropriations acts (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.
REPROGRAMMING GUIDELINES
The Committee includes a provision (sec. 608) establishing
the authority of agencies to reprogram funds and the limitation
on that authority. The provision specifically requires the
advance approval of the House and Senate Committees on
Appropriations of any proposal to reprogram funds that: (1)
creates a new program; (2) eliminates a program, project, or
activity [PPA]; (3) increases funds or personnel for any PPA
for which funds have been denied or restricted by the Congress;
(4) proposes to redirect funds that were directed in such
reports for a specific activity to a different purpose; (5)
augments an existing PPA in excess of $5,000,000 or 10 percent,
whichever is less; (6) reduces an existing PPA by $5,000,000 or
10 percent, whichever is less; or (7) creates, reorganizes, or
restructures offices different from the congressional budget
justifications or the table at the end of the Committee report,
whichever is more detailed.
The Committee retains the requirement that each agency
submit an operating plan to the House and Senate Committees on
Appropriations not later than 60 days after enactment of this
act to establish the baseline for application of reprogramming
and transfer authorities provided in this act. Specifically,
each agency should provide a table for each appropriation with
columns displaying the budget request; adjustments made by
Congress; adjustments for rescissions, if appropriate; and the
fiscal year enacted level. The table shall delineate the
appropriation both by object class and by PPA. The report must
also identify items of special congressional interest.
The Committee expects the agencies and bureaus to submit
reprogramming requests in a timely manner and to provide a
thorough explanation of the proposed reallocations, including a
detailed justification of increases and reductions and the
specific impact the proposed changes will have on the budget
request for the following fiscal year. Except in emergency
situations, reprogramming requests should be submitted no later
than June 30.
The Committee expects each agency to manage its programs
and activities within the amounts appropriated by Congress. The
Committee reminds agencies that reprogramming requests should
be submitted only in the case of an unforeseeable emergency or
a situation that could not have been anticipated when
formulating the budget request for the current fiscal year.
Further, the Committee notes that when a Department or agency
submits a reprogramming or transfer request to the Committees
on Appropriations and does not receive identical responses from
the House and the Senate, it is the responsibility of the
Department to reconcile the House and the Senate differences
before proceeding, and if reconciliation is not possible, to
consider the request to reprogram funds unapproved.
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,
offices, and commissions. The Committee has often pointed to
the natural affinity and relationship between the budget
offices 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 any
office or officer in the departments, agencies, and
commissions, the primary conjunction between the Committee and
these entities must be through the budget offices. To help
ensure the Committee's ability to perform its responsibilities,
the Committee insists on having direct, unobstructed, and
timely access to the budget offices and expects to be able to
receive forthright and complete responses from those offices
and their employees.
CONGRESSIONAL BUDGET JUSTIFICATIONS
Budget justifications are prepared not for the use of the
agency, but instead are the primary tool used by the House and
Senate Committees on Appropriations to evaluate the resource
requirements and fiscal needs of agencies. The Committee is
aware that the format and presentation of budget materials is
largely left to the agency within presentation objectives set
forth by OMB. In fact, OMB Circular A-11, part 6 specifically
states that the ``agency should consult with your congressional
committees beforehand to ensure their awareness of your plans
to modify the format of agency budget documents.'' The
Committee expects all the budget justifications to adhere to
this directive and provide the data needed to make appropriate
and meaningful funding decisions.
The Committee directs that justifications submitted with
the fiscal year 2010 budget requests by agencies funded under
this act must contain the customary level of detailed data and
explanatory statements to support the appropriations requests
at the level of detail contained in the funding table included
at the end of the report. Among other items, agencies shall
provide a detailed discussion of proposed new initiatives,
proposed changes in the agency's financial plan from prior year
enactment, and detailed data on all programs and comprehensive
information on any office or agency restructurings. At a
minimum, each agency must also provide adequate justification
for funding and staffing changes for each individual office and
materials that compare programs, projects, and activities that
are proposed for fiscal year 2010 to the fiscal year 2009
enacted level.
The Committee is aware that the analytical materials
required for review by the Committee are unique to each agency
in this act. Therefore, the Committee expects that each agency
will coordinate with the House and Senate Committees on
Appropriations in advance on its planned presentation for its
budget justification materials in support of the fiscal year
2010 budget request.
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2008.................................... $248,360,000
Budget estimate, 2009................................... 273,895,000
Committee recommendation................................ 273,895,000
PROGRAM DESCRIPTION
The Departmental Offices consist of the Office of the
Secretary and Deputy Secretary, the Office of International
Affairs, the Office of Domestic Finance, the Office of
Terrorism and Financial Intelligence, the Office of Tax Policy,
the Office of Economic Policy, the Office of the General
Counsel, the Office of Legislative Affairs, the Office of
Public Affairs, the Office of the Treasurer, and the Office of
Management. The Secretary of the Treasury has the primary role
in formulating and managing the domestic and international tax
and financial policies of the Federal Government. The
Secretary's responsibilities funded by the Salaries and
Expenses appropriation include: recommending and implementing
United States domestic and international economic and tax
policy; formulating fiscal policy; governing the fiscal
operations of the Government; executing the Nation's financial
sanction policies; disrupting and dismantling terrorist
financial infrastructure; protecting the United States and
international financial system from terrorist financing, money
laundering, and other financial crimes; managing the public
debt; managing international development policy; representing
the United States on international monetary, trade and
investment issues; overseeing Department of the Treasury
overseas operations; and directing the administrative
operations of the Department of the Treasury. The majority of
the Salaries and Expenses appropriation provides resources for
policy formulation and implementation in the areas of domestic
and international finance, terrorist financing and financial
crimes, tax, economic, trade, financial operations and general
fiscal policy. This appropriation also provides resources to
support the Secretary, policy components, and departmental
administrative policies in financial and personnel management,
procurement operations, and information systems and
telecommunications.
COMMITTEE RECOMMENDATION
The Committee recommends $273,895,000 for the Salaries and
Expenses appropriation of the Departmental Offices account of
the Department of the Treasury for fiscal year 2009. This
amount is equal to the budget request and $25,535,000 above the
fiscal year 2008 enacted level. Within the funds provided under
this account, the Committee has provided $3,000,000 for
information technology modernization; $200,000 for official
reception and representation expenses; $258,000 for unforeseen
emergencies; and $5,232,443 for the Treasury-wide financial
statement audits and other Treasury office and bureau audits.
The following table compares the fiscal year 2008 enacted
level to the fiscal year 2009 budget estimate and the
Committee's recommendation for each office:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Fiscal year 2009 budget Committee
2008 enacted estimate recommendation
----------------------------------------------------------------------------------------------------------------
Executive direction............................................. 10,840 11,097 11,097
General counsel................................................. 9,909 10,495 10,495
Economic policies and programs.................................. 44,242 45,853 45,853
Financial policies and programs................................. 29,464 34,735 34,735
Terrorism and financial intelligence............................ 56,775 61,712 61,712
Treasury-wide management and programs........................... 18,505 19,009 19,009
Administration.................................................. 78,625 90,994 90,994
----------------------------------------------------------------------------------------------------------------
The Committee has approved the following significant
program increases in the bill:
State Sponsored Terrorism (Terrorism and Financial
Intelligence): +$1,380,000/+4 FTE.--Building on resources
provided in fiscal year 2008, the Committee recommends an
increase of $1,380,000 for the Office of Foreign Asset Control
[OFAC] to further enhance capacity to administer and implement
economic sanctions to State sponsors of terrorism, such as Iran
and Sudan, as well as terrorists, terrorist groups, and their
support networks. Additional resources shall support the hiring
of additional sanctions investigators, enforcement, compliance,
licensing, blocking, and civil penalties officers, Freedom of
Information Act specialists, and program advisor and records
management specialists to support these efforts.
Counterintelligence and Security Capabilities (Terrorism
and Financial Intelligence): +$1,433,000/+3 FTE.--The Committee
recommends an increase of $1,433,000 above the fiscal year 2008
level for the Office of Intelligence and Analysis to address
current and emerging threats affecting the Department's
national security mission. Additional resources will enhance
efforts to prevent espionage in the Department; thwart
adversarial threats to its personnel, programs, and facilities;
and identify and mitigate threats from compromise of Treasury
critical programs.
Global Finance Initiative (Terrorism and Financial
Intelligence): +$1,000,000/+10 FTE.--The Committee recommends
an increase of $2,000,000, including a realignment of
$1,000,000 in base resources, for the Office of Intelligence
and Analysis to improve the Department's coordination of global
finance intelligence issues with the intelligence community.
Targeted financial measures supported by financial intelligence
have become one of the most effective weapons against national
security threats, and Treasury's efforts in this area have been
instrumental in disrupting terrorist financing. Additional
resources shall focus on developing and capitalizing on new
sources of information, enhancing analysis in coordination with
the intelligence community, expanding the Department's role and
relationships within the intelligence community, and ensuring
Treasury's infrastructure is sufficient to support these
expanding responsibilities. This initiative is aligned with key
tasks and objectives of the National Security Strategy, the
National Intelligence Strategy, and the National Implementation
Plan for the War on Terror.
Support for the Committee on Foreign Investment in the
United States (Office of General Counsel): +$483,000/+2 FTE.--
The Committee on Foreign Investment in the United States
[CFIUS] is responsible for investigating the merger or
acquisition of U.S. companies by foreign persons for national
security implications. Building on resources provided in fiscal
year 2008, the Committee recommends an increase of $483,000 for
the Office of General Counsel to hire additional legal support
needed as a result of the continuing increase in the number and
significance of CFIUS cases.
Improving Security of U.S. Financial Services Sector
(Financial Policies and Programs): +$1,300,000/+0 FTE.--The
Committee recommends an increase of $1,300,000 above the fiscal
year 2008 level to support the Office of Critical
Infrastructure Protection in continuing improvement to the
security of the American financial services sector against
natural and man-made disasters. Ongoing initiatives support
cooperative, public-private sector efforts to identify threats
and vulnerabilities, share critical information, and mitigate
risks to the financial services sector in order to protect the
U.S. economy and national security. Additional resources shall
support extensive mapping of the financial sector, the
establishment of secure communications with financial
institutions, and further international exercises with entities
such as the European Central Bank.
Debt Management Analytical Support (Financial Policies and
Programs): +$3,000,000/+2 FTE.--The Committee recommends an
increase of $3,000,000 above the fiscal year 2008 level to
overhaul the Office of Debt Management's [ODM] information
technology systems to improve the accuracy, reliability, and
speed of the financial models used to manage the Federal
Government's $9,000,000,000,000 debt portfolio. A successful
overhaul of ODM's systems will improve the financial data that
capital markets and Treasury decisionmakers rely upon daily,
significantly reduce the risk of operational failure, improve
national security, and create potential cost savings for
taxpayers as the Federal debt is managed more efficiently.
Operations Center (Administration): +$6,200,000/+24 FTE.--
The Committee recommends an increase of $6,200,000 above the
fiscal year 2008 level to establish a 24/7 Operations Center to
centralize and enhance crisis management at the Department. The
new Operations Center shall expand the existing Market Room's
capacity to monitor international and domestic financial
markets, coordinate actions with Federal agencies, foreign
governments, and global financial markets, including the
financial analysis of terrorist organizations, and manage the
Department's global operations on a daily basis.
The Committee is encouraged by reports from the Treasury
Office of Inspector General [IG] indicating that the Department
is making progress in building a stronger and more sustainable
corporate management structure. However, the Committee remains
concerned with the significant management challenges faced by
the Department, particularly regarding management of capital
investments.
Management of Capital Investments.--The Committee
recognizes efforts the Department has made to emphasize capital
investment management Department-wide and agrees that effective
management of major capital investments is the responsibility
of all executives. The Committee directs the Department to
continue improving the management of capital investments,
specifically focusing on integrating all of the Department's
bureaus into improvement efforts and institutionalizing
improvements so that taxpayers will benefit from better
management of future capital projects. The Committee directs
the Office of the Chief Information Officer to ensure that
adequate resources are devoted both to projects in the capital
phase, such as the Enterprise Content Management system, and to
proper maintenance and modernization of existing systems, such
as the Treasury Secure Data Network.
Information Security.--The IG continues to cite the
Department's information security as a top management and
performance challenge. While the IG notes that Treasury has
made improvements regarding information security, significant
challenges remain, including protection of certain personally
identifiable information and configuration management. The
Committee urges the Department to address the IG's findings and
undertake prompt and meaningful corrective action.
Sudan Accountability and Divestment Act of 2007.--The
Committee directs the Department to fully implement all
sanctions and divestment measures, particularly those
applicable to Burma, Iran, and Sudan. The Committee notes that
the signing statement accompanying the Sudan Accountability and
Divestment Act of 2007 raised serious concerns about the
administration's willingness to enforce this law. The Committee
expects full and unfettered implementation of the provisions of
this law and directs the Department to promptly notify the
Committee of any resource constraints that adversely impact the
implementation of any sanctions program.
Nuclear Proliferation.--The Committee is concerned that the
World Bank is contractually obligated to execute certain
contracts with entities in Iran, despite Iran's failure to
fully cooperate with International Atomic Energy Agency
inspections and various resolutions passed by the United
Nations Security Council. Therefore, the Committee directs the
Department to work with the World Bank to include in the
International Bank for Reconstruction and Development's General
Conditions for Loans a clause that provides for the termination
of future contracts if the recipient state fails to cooperate
with International Atomic Energy Agency inspections, violates
international laws related to the proliferation of weapons of
mass destruction, or is sanctioned for failing to cooperate
with the International Atomic Energy Agency or for the
proliferation of nuclear weapons or nuclear weapons technology
by the United Nations Security Council.
Subprime Crisis.--The Committee is concerned with the
rising number of foreclosures associated with subprime
mortgages. In an attempt to address the subprime crisis, the
Department created the HOPE NOW alliance within the financial
services sector, including mortgage counselors, mortgage
servicers, and investors. The Committee is concerned, however,
that HOPE NOW may be an inadequate response to address the
magnitude of the foreclosure crisis. The Committee urges the
Department to expand its efforts to address the subprime
housing crisis beyond the scope of HOPE NOW and to keep the
Committee promptly and regularly apprised of such efforts.
Department-wide Systems and Capital Investments Programs
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2008.................................... $18,710,000
Budget estimate, 2009................................... 26,975,000
Committee recommendation................................ 26,975,000
PROGRAM DESCRIPTION
The 1997 Treasury and General Government Appropriations Act
established this account, which is authorized to be used by or
on behalf of Treasury bureaus, at the Secretary's discretion,
to modernize business processes and increase efficiency through
technology investments, as well as other activities that
involve more than one Treasury bureau or Treasury's interface
with other Government agencies.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $26,975,000
for Department-wide systems and capital investment programs
[DSCIP]. This amount is equal to the budget request and
$8,265,000 above the fiscal year 2008 enacted level.
The following table compares the Committee recommendation
with the budget request and the fiscal year 2008 enacted
levels.
----------------------------------------------------------------------------------------------------------------
Fiscal year
DSCIP Initiative Fiscal year 2009 budget Committee
2008 enacted estimate recommendation
----------------------------------------------------------------------------------------------------------------
Cyber Security--Critical Infrastructure Program................. $400,000 .............. ..............
DO/Treasury Backup Disaster Recovery............................ 4,000,000 .............. ..............
Integrated Wireless Network..................................... 2,000,000 .............. ..............
E-Government Enterprise Architecture............................ 300,000 .............. ..............
Cyber Security--Information Security............................ 1,844,000 $3,000,000 $3,000,000
E-Government Initiatives........................................ 2,166,000 2,057,000 2,057,000
Enterprise Content Management................................... 6,000,000 6,000,000 6,000,000
Treasury Secure Data Network.................................... 2,000,000 4,400,000 4,400,000
Annex Repair and Renovation..................................... .............. 11,518,000 11,518,000
-----------------------------------------------
Total..................................................... 18,710,000 26,975,000 26,975,000
----------------------------------------------------------------------------------------------------------------
Office of Inspector General
SALARIES AND EXPENSES
Appropriations, 2008.................................... $18,450,000
Budget estimate, 2009................................... 19,356,000
Committee recommendation................................ 19,356,000
PROGRAM DESCRIPTION
As a result of the 1988 amendments to the Inspector General
[IG] Act, the Secretary of the Treasury established the Office
of Inspector General [OIG] in 1989.
The OIG conducts and supervises audits, evaluations, and
investigations designed to: (1) promote economy, efficiency,
and effectiveness and prevent fraud, waste, and abuse in
departmental programs and operations; and (2) keep the
Secretary and Congress fully and currently informed of problems
and deficiencies in the administration of departmental programs
and operations. The audit function provides program audit,
contract audit, and financial statement audit services.
Contract audits provide professional advice to agency
contracting officials on accounting and financial matters
relative to negotiation, award, administration, repricing, and
settlement of contracts. Program audits review and audit 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.
These audits contribute significantly to improved financial
management by helping Treasury managers identify improvements
needed in their accounting and internal control systems. The
evaluations function reviews program performance and issues
critical to the mission of the Department. The investigative
function provides for the detection and investigation of
improper and illegal activities involving programs, personnel,
and operations.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $19,356,000
for salaries and expenses of the Office of Inspector General.
This amount is the same as the budget request and $906,000
above the fiscal year 2008 enacted level.
Treasury Inspector General for Tax Administration
SALARIES AND EXPENSES
Appropriations, 2008.................................... $140,533,000
Budget estimate, 2009................................... 145,736,000
Committee recommendation................................ 145,736,000
PROGRAM DESCRIPTION
The Treasury Inspector General for Tax Administration
[TIGTA] was established by the IRS Restructuring and Reform Act
of 1998 (Public Law 105-206). TIGTA was created to provide
independent audit and investigative services necessary to
improve the quality and credibility of oversight of the
Internal Revenue Service [IRS]. Funding was first appropriated
for this account in the fiscal year 2000 Treasury and General
Government Appropriations Act (Public Law 106-58).
TIGTA conducts audits, investigations, and evaluations to
assess the operations and programs of the IRS and related
entities, the IRS Oversight Board and the Office of Chief
Counsel to (1) 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)
recommend actions to resolve fraud and other serious problems,
abuses, and deficiencies in these programs and operations, and
keep the Secretary and Congress fully and currently informed of
these issues and the progress made in resolving them. TIGTA
reviews existing and proposed legislation and regulations
relating to the programs and operations of the IRS and related
entities and makes recommendations concerning the impact of
such legislation and regulations on the economy and efficiency
in the administration of programs and operations of the IRS and
related entities. The audit function provides program audit,
limited contract audit, and financial audit services. Program
audits review and audit all facets of the IRS and related
entities in an effort to improve IRS systems and operations,
while ensuring fair and equitable treatment of taxpayers.
Contract audits focus on invoices/vouchers submitted to the IRS
to determine whether charges are valid and to identify
erroneous and improper payments. The investigative function
provides for the detection and investigation of improper and
illegal activities involving IRS programs and operations and
protects the IRS and related entities against external attempts
to corrupt or threaten the administration of the tax laws.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $145,736,000
for the Treasury Inspector General for Tax Administration. This
amount is an increase of $5,203,000 above the fiscal year 2008
enacted level and the same as the budget request.
The Committee commends TIGTA for its ongoing review of the
IRS's business systems modernization program and other
information technology projects. The Committee also
acknowledges the critical importance of the priorities TIGTA
has identified for fiscal year 2009, including ensuring the
privacy and security of taxpayer information from internal and
external threats. The Committee shares TIGTA's concern that the
IRS is developing and launching its modernized systems without
adequately contemplating the security implications. The
Committee urges continued TIGTA oversight of tax gap issues,
including data reliability, tax law enforcement, and taxpayer
assistance, to ensure that the IRS enhances voluntary
compliance by balancing taxpayer services and enforcement
without jeopardizing taxpayer rights.
Financial Crimes Enforcement Network
SALARIES AND EXPENSES
Appropriations, 2008.................................... $85,844,000
Budget estimate, 2009................................... 91,335,000
Committee recommendation................................ 91,335,000
PROGRAM DESCRIPTION
The Financial Crimes Enforcement Network [FinCEN], a bureau
within the Treasury Department's Office of Terrorism and
Financial Intelligence, is the largest overt collector of
financial intelligence in the United States. FinCEN's mission
is to safeguard the financial system from the abuses of
financial crime, including terrorist financing, money
laundering, and other illicit activity. FinCEN accomplishes its
mission by administering the Bank Secrecy Act, a collection of
statutes that form the Nation's anti-money laundering/counter-
terrorist financing regulatory regime. As the delegated
administrator of the Bank Secrecy Act, FinCEN is responsible
for the development and implementation of regulations, rules,
and guidance issued under the Bank Secrecy Act. FinCEN also
oversees the work of eight Federal agencies that have been
delegated responsibility to examine various sectors of the
financial industry for compliance with the Bank Secrecy Act's
requirements. FinCEN is responsible for collecting,
maintaining, and disseminating the information reported by
financial institutions under the Bank Secrecy Act through a
Government-wide access service. FinCEN is the United States'
Financial Intelligence Unit [FIU] and a founding member of the
Egmont Group of Financial Intelligence Units. As the United
States FIU, FinCEN routinely shares information and cooperates
with other FIUs around the world to address the global problems
of terrorist financing, money laundering, and other illicit
activity.
COMMITTEE RECOMMENDATION
The Committee recommends $91,335,000 for the Financial
Crimes Enforcement Network [FinCEN]. This amount is $5,491,000
above the fiscal year 2008 enacted level and the same as the
budget request.
The Committee is concerned with the Treasury Inspector
General's finding that a large share of Suspicious Activity
Reports filed with FinCEN under the Bank Secrecy Act are
missing critical data elements. Incomplete data limits the
ability of FinCEN, regulators, and other law enforcement
agencies to detect trends and ultimately identify money
laundering or terrorist activity. The Committee directs FinCEN
to focus management, regulatory, and enforcement efforts on the
consistency of Suspicious Activity Reports.
The bill includes the following program increases for
fiscal year 2009:
Improve BSA Effectiveness/Consistency: +$1,139,000/+5
FTE.--The Committee recommends an increase of $1,139,000 above
the fiscal year 2008 enacted level to support the
implementation of the Bank Secrecy Act [BSA]. Administration of
the BSA requires timely exchange of information, consistent
application of laws and regulations, and tailored outreach to
regulated industries. Additional resources are provided to
enable FinCEN to bring certain sectors subject to a mandate
under the USA PATRIOT Act, such as the insurance sector, under
the BSA administration and compliance framework. Funds also
shall support management of regulatory requirements imposed on
the financial industry and enhanced communication with law
enforcement and State and Federal regulators to combat the
financing of terrorism and money laundering.
Strengthen Global Anti-Money Laundering Efforts: +$865,000/
+2 FTE.--The Committee recommends an increase of $865,000 above
the fiscal year 2008 enacted level to improve collaboration
with other Financial Intelligence Units around the world
regarding international anti-money laundering and terrorist
financing.
Financial Management Service
SALARIES AND EXPENSES
Appropriations, 2008.................................... $234,423,000
Supplemental appropriation, 2008........................ 64,175,000
Budget estimate, 2009................................... 239,344,000
Committee recommendation................................ 239,344,000
PROGRAM DESCRIPTION
In 1940, the United States Department of the Treasury
established the Fiscal Service, which consisted of the Bureau
of Accounts, the Bureau of the Public Debt, and the Office of
the Treasurer. A 1974 reorganization of the Fiscal Service
created the Bureau of Government Financial Operations, which
was formed from a merger of the Bureau of Accounts and most
functions of the Office of the Treasurer. In 1984, the Bureau
of Government Financial Operations was renamed the Financial
Management Service [FMS].
FMS implements payment policy and procedures for the
Federal program agencies, issues and distributes payments,
promotes the use of electronics in the payment process, and
assists agencies in converting payments from paper checks to
electronic funds transfer [EFT]. FMS provides debt collection
operational services to client agencies, implements collections
policy, regulations, standards, and procedures for the Federal
Government, and assists agencies in converting collections from
paper to electronic media.
FMS provides financial accounting, reporting, and financing
services to the Federal Government and the Government's agents
who participate in the payments and collections process by
generating a series of daily, monthly, quarterly, and annual
Government-wide reports. FMS also works directly with agencies
to help reconcile reporting differences.
COMMITTEE RECOMMENDATION
The Committee recommends $239,344,000 for salaries and
expenses for FMS. This amount is the same as the budget request
and $4,921,000 above the fiscal year 2008 enacted level,
excluding emergency supplemental appropriations. Emergency
supplemental funding of $64,175,000 was provided for FMS to
support the administration of economic stimulus payments under
the Economic Stimulus Act (Public Law 110-285).
A number of Federal agencies accept credit and debit cards
as payment for goods and services provided by the Federal
Government. FMS processes credit and debit card transactions on
behalf of agencies in all three branches of the Federal
Government and a host of other associated entities. The
Committee is concerned that Federal agencies may be paying
excessive fees for accepting credit and debit cards for these
transactions. GAO reported that credit card interchange fees
and merchant discount fees cost the Federal Government over
$400,000,000 in fiscal year 2007 (GAO-08-558). The Committee is
pleased that FMS has initiated a program to identify potential
cost savings and efficiencies regarding such fees at several
Federal agencies and directs FMS to continue its plans to
expand the program to other Federal agencies so that credit
card transaction costs can be minimized for taxpayers.
Alcohol and Tobacco Tax and Trade Bureau
SALARIES AND EXPENSES
Appropriations, 2008.................................... $93,515,000
Budget estimate, 2009................................... 96,900,000
Committee recommendation................................ 98,900,000
PROGRAM DESCRIPTION
The Homeland Security Act created the Alcohol and Tobacco
Tax and Trade Bureau [TTB] within the Department of the
Treasury and charged TTB with collecting revenue and protecting
the public.
TTB enforces the Federal laws and regulations relating to
alcohol and tobacco. TTB works directly and in cooperation with
others to maintain a sound revenue management and collection
system that continues to reduce the regulatory burden, improve
service, collect the revenue due, and prevent tax evasion and
other criminal conduct. The TTB is also responsible for
preventing consumer deception, ensuring that regulated products
comply with Federal commodity, safety, and distribution
requirements, and providing customer service.
COMMITTEE RECOMMENDATION
The Committee recommends $98,900,000 for TTB for fiscal
year 2009. This amount is an increase of $2,000,000 over the
budget request and an increase of $5,385,000 over the fiscal
year 2008 enacted level. The increase over the budget request
is provided to enable TTB to begin implementation of
comprehensive lifecycle planning for IT equipment.
United States Mint
UNITED STATES MINT PUBLIC ENTERPRISE FUND
PROGRAM DESCRIPTION
The United States Mint manufactures coins, sells numismatic
and investment products, and provides for security and asset
protection. Public Law 104-52 established the U.S. Mint Public
Enterprise Fund (the Fund). The Fund encompasses the previous
Salaries and Expenses, Coinage Profit Fund, Coinage Metal Fund,
and the Numismatic Public Enterprise Fund. The Mint submits
annual audited business-type financial statements to the
Secretary of the Treasury and to Congress in support of the
operations of the revolving fund.
The operations of the Mint are divided into two major
activities: Manufacturing and Sales (including circulating
coinage and numismatic and investment products); and
Protection. The Mint is credited with receipts from its
circulating coinage operations, equal to the full cost of
producing and distributing coins that are put into circulation,
including depreciation of the Mint's plant and equipment on the
basis of current replacement value. Those receipts pay for the
costs of the Mint's operations, which include the costs of
production and distribution. The difference between the face
value of the coins and these costs is a profit, which is
deposited as seigniorage to the general fund. In fiscal year
2007, the Mint transferred $825,000,000 to the general fund.
Any seigniorage used to finance the Mint's capital acquisitions
is recorded as budget authority in the year that funds are
obligated for this purpose and as receipts over the life of the
asset.
COMMITTEE RECOMMENDATION
The Committee recommends a spending level of $42,150,000
for circulating coinage and protective service capital
investments for the Mint. This amount is an increase of
$8,950,000 above the fiscal year 2008 enacted level and is
equal to the budget request.
Bureau of the Public Debt
ADMINISTERING THE PUBLIC DEBT
Appropriations, 2008.................................... $172,871,000
Budget estimate, 2009................................... 177,054,000
Committee recommendation................................ 177,054,000
PROGRAM DESCRIPTION
The Public Debt Service was formed in 1919 with the
appointment of the first Commissioner of the Public Debt. The
Public Debt Service took general charge of debt operations
including debt accounting and securities issue and retirement,
which had been conducted by several independent divisions
within the Treasury. Acting under the authorization of the
Reorganization Act of 1939, the President created the Bureau of
the Public Debt, which was established as part of the Fiscal
Service in the Department of the Treasury effective June 30,
1940 (31 U.S.C. 306). In 1993, the Savings Bonds Division, a
separate organization, was made part of the Bureau.
This appropriation provides funds for the conduct of all
public debt operations and the promotion of the sale of U.S.
savings-type securities.
COMMITTEE RECOMMENDATION
The Committee recommends $177,054,000 for the Bureau of the
Public Debt for fiscal year 2009. This amount is an increase of
$4,183,000 above the fiscal year 2008 enacted level and is
equal to the budget request.
Community Development Financial Institutions Fund
COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND PROGRAM ACCOUNT
Appropriations, 2008.................................... $94,000,000
Budget estimate, 2009................................... 28,620,000
Committee recommendation................................ 100,000,000
PROGRAM DESCRIPTION
The Community Development Financial Institutions Fund makes
investments in the form of grants, loans, equity investments,
deposits, and technical assistance grants to new and existing
community development financial institutions [CDFIs] through
the CDFI program. CDFIs include community development banks,
credit unions, venture capital funds, revolving loan funds, and
microloan funds, among others. Recipient institutions engage in
lending and investment for affordable housing, small business,
and community development within underserved communities. The
CDFI Fund administers the Bank Enterprise Award [BEA] Program,
which provides a financial incentive to insured depository
institutions to undertake community development financing
activities. The CDFI Fund also administers the New Markets Tax
Credit Program, a program that provides an incentive to
investors in the form of a tax credit, which is expected to
stimulate private community and economic development
activities.
COMMITTEE RECOMMENDATION
The Committee recommends $100,000,000 for the CDFI Fund,
which is $6,000,000 above the fiscal year 2008 enacted level
and $71,380,000 above the budget request.
The Committee is again concerned about the proposed
reductions to CDFI and the respective programs within CDFI,
such as the Bank Enterprise Award [BEA]. These programs play an
important role in providing financial services to underserved
communities in both urban and rural areas across the country, a
role that is particularly crucial during times of economic
downturn. The Committee expects the BEA program to be funded in
accordance with the authorizing statute, 12 U.S.C. 4718(a)(4).
The Committee recommends a set-aside of $8,280,000 for
grants, loans, and technical assistance and training programs
to benefit Native American, Alaskan Natives, and Native
Hawaiian communities in the coordination of development
strategies, increased access to equity investments, and loans
for development activities.
Leveraging outside funds is a fundamental goal of the CDFI
program. The Committee encourages CDFI to improve its
measurement of the extent that Federal program funds leverage
other non-Federal funds for CDFIs across the country. GAO found
that the current method used by CDFI may be underestimating how
Federal funding attracts other sources of funding for CDFIs
(GAO 08-136). The Committee stresses the importance of
accurately measuring the return on the Federal contribution to
CDFIs for use in future funding decisions.
Bureau of Engraving and Printing
PROGRAM DESCRIPTION
The Bureau of Engraving and Printing [BEP] has been the
sole manufacturer of U.S. paper currency for almost 150 years.
The origin of the BEP is traced to an Act of Congress passed on
February 25, 1862, 12 Stat. 345, authorizing the Secretary of
the Treasury to issue a new currency--United States notes.
While this law was the cornerstone authority for the operations
of the engraving and printing division of the Treasury for many
years, it was not until an Act of June 20, 1874, 18 Stat. 100,
that the Congress first referred to this division as the
``Bureau of Engraving and Printing.'' The Bureau's status as a
distinct bureau within the Department of the Treasury was
solidified by section 1 of the Act of June 4, 1897, 30 Stat.
18, which placed all of the business of the BEP under the
immediate control of a director, subject to the direction of
the Secretary of the Treasury. The 1897 law is now codified in
31 U.S.C. 303.
The BEP designs, manufactures, and supplies Federal Reserve
notes and other security documents issued by the Federal
Government.
The operations of the BEP are currently financed by means
of a revolving fund established in accordance with the
provisions of Public Law 656, August 4, 1950 (31 U.S.C. 181),
which requires the BEP to be reimbursed by customer agencies
for all costs of manufacturing products and services performed.
The BEP is also authorized to assess amounts to acquire capital
equipment and provide for working capital needs.
No direct appropriation is required to cover the activities
of the BEP.
Internal Revenue Service
PROGRAM DESCRIPTION
The Internal Revenue Service [IRS] administers the Nation's
tax laws and collects the revenue that funds over 96 percent of
the Federal Government's operations and public services. The
IRS's mission is to provide taxpayers with quality service by
helping them understand and meet their tax responsibilities and
by applying the tax law with integrity and fairness to all. The
IRS focuses its enforcement programs toward increasing
voluntary tax compliance by deterring taxpayers inclined to
evade their tax obligations while vigorously pursuing those who
violate the law. Each year, IRS employees deal directly with
more American taxpayers than any other institution, public or
private. In 2007, the IRS collected more than
$2,400,000,000,000 in revenue, net of refunds, and processed
more than 235 million tax returns. During the 2007 filing
season, more than half of all individual taxpayers (over 78
million) filed electronically. Also, in fiscal year 2007, the
IRS customer assistance call centers answered 33.2 million
assistor telephone calls and 21.1 million automated calls. Over
129 million taxpayers were assisted through taxpayer education
programs. There were over 7 million contacts at Taxpayer
Assistance Centers, and nearly 215 million visits to the IRS
website. An important focus for the IRS in recent years has
been to undertake a major modernization of its systems,
including expanding its Internet services, and business
operations to better serve taxpayers and enforce the law.
COMMITTEE RECOMMENDATION
The Committee recommends $11,524,848,000 for the Internal
Revenue Service for fiscal year 2009. This is an increase of
$430,329,000 above the fiscal year 2008 enacted level and
$163,339,000 above the budget request.
Tax Gap.--The vast majority of Americans pay their fair
share of taxes, yet there is still a ``tax gap.'' The tax gap
is the difference between what taxpayers are supposed to pay
and what they actually do pay. In its update of the results of
a 3-year study, the IRS found that for tax year 2001, about 84
percent of owed taxes were paid voluntarily and timely.
However, a significant number of taxpayers do not comply with
the Tax Code resulting in an estimated gross tax gap of
$345,000,000,000. The IRS estimates that after enforcement and
other late payments are factored into the gross tax gap, the
net tax gap is about $290,000,000,000. The most current
estimate of the tax gap remains largely unchanged from the
IRS's initial update conducted in 2006, and has remained
relatively stable for the past three decades based on previous
IRS studies. The accuracy of the tax gap, however, is uncertain
given the use of outdated and incomplete information and
questionable methodology. Some experts, including the GAO and
TIGTA, believe that the tax gap may actually be higher than
estimated by the IRS. The Committee strongly believes that the
IRS must and can reduce the tax gap if the IRS is given
additional resources and is able to improve its operational
capabilities (most notably through the Business Systems
Modernization program).
To reduce the tax gap, experts recommend a number of
approaches, including: improving information reporting,
improving taxpayer services, increasing research on
noncompliance, improving the partnership between the IRS and
the tax administration community, and leveraging technology to
improve IRS's systems. The Committee supports all of these
approaches in combination.
The Committee acknowledges the Department of the Treasury
and the IRS's August 2007 publication, ``Reducing the Tax Gap:
A Report on Improving Voluntary Compliance.'' The Committee
shares the concern that the steps outlined in that report are
preliminary, and that absent a better understanding of the
current sources of noncompliance, efforts to improve compliance
may be hampered, misdirected, and difficult to measure. To gain
meaningful insights into taxpayer behavior, the Committee
strongly supports the work of the National Research Program.
The Committee notes that as part of its budget submission,
the IRS proposes 16 legislative reforms in four categories, to
recoup $36,000,000,000, or 12 percent of the $290,000,000,000
net tax gap over 10 years. The Committee is concerned that such
an approach is far from aggressive, and amounts to a meager
return of just slightly more than a penny on the dollar.
Operating Plan and Notification.--In addition to the normal
operating plan requirements detailed in the introduction in
this report, the Committee directs the IRS to include details
on any planned reorganization, job reductions or increases to
offices or activities within the agency, and modifications to
any service or enforcement activity. Some past examples that
would qualify under this directive include: the Modernization
and Information Technology Systems [MITS] reorganization and
the proposed closure of taxpayer assistance centers. The
Committee also directs the IRS to obtain and include comments
of the IRS Oversight Board as part of its operating plan
submission to the Committee. Further, the IRS should promptly
notify the Committee and the IRS Oversight Board if there are
any substantial changes to these plans.
The Committee remains concerned about any efforts to reduce
specific taxpayer services, including face-to-face services.
Therefore, the Committee directs that if the IRS proposes
further reductions in taxpayer services, such reductions must
be consistent with the budget justification, operating plan,
and Taxpayer Assistance Blueprint, and the IRS must demonstrate
that such reductions will not result in a decline in voluntary
compliance. Where such reductions involve a reduction in face-
to-face service, the IRS must demonstrate that the proposed
reductions do not adversely impact compliance by taxpayers who
are dependent on such services, by showing, through such means
as a successful pilot program, survey, or other empirical
study, that there is an effective and viable service
alternative available.
Administration of the Economic Stimulus Act.--As part of
the enactment of the Economic Stimulus Act (Public Law 110-285)
to spur economic growth, Congress approved payments to
approximately 128 million Americans. Emergency supplemental
funding of $202,135,000 was provided for the IRS to administer
the program, of which $50,720,000 was designated for the
Taxpayer Services account and $151,415,000 was allocated for
the Operations Support account.
The Committee acknowledges the enormous challenges posed by
the timing of this law at the height of the 2008 filing season,
particularly the need to hire, train, and deploy staff. The
Committee is pleased that, while the IRS administered two
filing seasons concurrently, the initial distribution of
stimulus payments occurred ahead of schedule, and that through
June 13, 2008, the IRS has processed payments to over 76
million taxpayers totaling almost $64,000,000,000. The
Committee commends IRS's ``It's Not Too Late'' program to
identify and reach individuals who are eligible for the
stimulus payment but who have not filed a 2007 tax return.
The Committee is concerned that in order to quickly
implement and manage the economic stimulus program, the IRS was
forced to reassign some employees from its Accounts Management
and Automated Collection System functions to respond to a surge
in the volume of telephone calls and visits to walk-in centers
related to the economic stimulus payment program. The Committee
understands that as a result of these temporary staffing
reassignments, the IRS estimates that the loss in collection
revenue will be approximately $565,000,000.
The Committee is also concerned about the problems
encountered in the child tax credit area, the misdirection of
some direct deposits into wrong accounts, and delays
experienced by taxpayers who arranged Refund Anticipation Loans
[RALs] or Refund Anticipation Checks [RACs].
The Committee directs the IRS to provide an assessment of
lessons learned from the administration of the 2008 economic
stimulus program, including recommendations for managing
similar programs in the future and minimizing declines in level
of core services, to the Committees on Appropriations no later
than 120 days after enactment of this act. As part of such
report, the Committee requests that the IRS include an analysis
of the feasibility, including costs savings, of converting
taxpayers who receive paper checks to electronic or debit card
payment systems.
IRS Staffing Plans.--The Committee continues to support
adequate staffing levels for effective tax administration and
supports the staffing plans for the Internal Revenue Service
facilities in the communities of Martinsburg and Beckley, West
Virginia. Therefore, the Committee urges the IRS, within the
constraints of the fiscal year 2009 funding levels, to make no
staffing reductions at the Martinsburg National Computing
Center and the programmed level at the Finance Center in
Beckley, West Virginia. Further, the Committee directs the IRS
to provide an annual report to the Committee on its efforts to
protect and increase staffing levels at the Martinsburg and
Beckley IRS facilities.
Taxpayer Services in Alaska and Hawaii.--Given the remote
distance of Alaska and Hawaii from the U.S. mainland and the
difficulty experienced by Alaska and Hawaii taxpayers in
receiving needed tax assistance by the national toll-free line,
it is imperative that the Taxpayer Advocate Service Center in
each of these States is fully staffed and capable of resolving
taxpayer problems of the most complex nature. The Committee
directs the Internal Revenue Service to continue to staff each
Taxpayer Advocate Service Center in each of these States with a
Collection Technical Advisor and an Examination Technical
Advisor in addition to the current complement of office staff.
TAXPAYER SERVICES
Appropriations, 2008.................................... $2,150,000,000
Supplemental appropriation, 2008........................ 50,720,000
Budget estimate, 2009................................... 2,150,000,000
Committee recommendation................................ 2,213,350,000
PROGRAM DESCRIPTION
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 $2,213,350,000 for Taxpayer
Services, which is $63,350,000 above the fiscal year 2008
enacted level, excluding emergency supplemental appropriations,
and $63,350,000 above the budget request. Bill language is
included providing not less than $4,000,000 for the tax
counseling for the elderly program, not less than $9,000,000
for low-income taxpayer clinic grants, not less than
$8,000,000, to be available for 2 years, for a community
volunteer income tax assistance matching grant program for tax
return preparation assistance and $194,073,500 for the Taxpayer
Advocate Service.
The Committee disagrees with the President's proposal to
provide no increase in funding for Taxpayer Services. The
Committee is concerned that maintaining this account at the
fiscal year 2008 enacted level will pose a considerable
challenge to the ability of the IRS to fully implement the
Taxpayer Assistance Blueprint. The Committee observes that one
of the four core principles of the Treasury Department's
comprehensive strategy for reducing the tax gap is to combine
enforcement activities with a commitment to taxpayer service.
The Committee finds that proposed program decreases to Taxpayer
Assistance Centers and outreach and reduced funding for pre-
filing taxpayer assistance and education disregard that
commitment.
The Committee strongly believes that ``Service +
Enforcement = Compliance'' and provides an additional
$63,350,000 above the President's request for Taxpayer
Services. The Committee directs the IRS to restore appropriated
resources devoted to the pre-filing taxpayer assistance and
education component of this account to not less than the fiscal
year 2008 enacted level of $645,375,000. In addition, the
Committee expects the IRS to devote not less than $6,300,000 to
maintain its processing of essential pension plan return
information while transitioning to a new mandated electronic
filing system in 2010.
Taxpayer Assistance Blueprint.--In response to the
Committee's directive in the fiscal year 2006 Treasury
Appropriations Act, the IRS, in consultation with the IRS
Oversight Board and the National Taxpayer Advocate, developed a
``Taxpayer Assistance Blueprint'' to institute a 5-year
strategic plan for taxpayer services. As directed by the
Committee, the IRS reviewed its portfolio of taxpayer services
and explored other types of services to meet the needs of
taxpayers. The plan details how the IRS plans to meet the
service needs on a geographic basis (by State and major
metropolitan area), including proposals to realign existing
resources to improve taxpayer access to services, and addresses
how the IRS will improve taxpayer service based on reliable
data on taxpayer service needs. The plan incorporates
activities to expand efforts to partner with State and local
governments and private entities to improve taxpayer services.
The Committee commends the IRS, the IRS Oversight Board, and
the National Taxpayer Advocate for their efforts to produce the
Blueprint. The Committee supports ongoing efforts to conduct
research on taxpayer needs and taxpayer service performance.
The Committee directs the IRS, the IRS Oversight Board, and
the National Taxpayer Advocate to submit to Congress annual
updates to the Taxpayer Assistance Blueprint identifying any
changes to its strategic plan for taxpayer service, including
the results of any new research and relevant findings, and any
open issues requiring additional research.
E-Filing.--The Committee is heartened by the IRS's improved
performance in increasing the number of tax filers who submit
their returns electronically and without additional cost.
Eighty million tax returns were e-filed in 2007. While the IRS
did not meet its congressionally mandated goal of having 80
percent of tax returns filed electronically by 2007 it achieved
an overall e-file rate of 65 percent, up over 9 percent. The
Committee directs the IRS, in consultation with stakeholders,
including the National Taxpayer Advocate, to implement a
strategy to achieve the 80 percent e-file goal. This plan
should address alternate electronic filing strategies,
including Telefile and 2-D Bar Coding and methods of e-filing
directly with the IRS for free.
The Committee believes that the IRS will deliver better
taxpayer service, achieve improved compliance, and reduce the
tax gap if taxpayer behavior is better understood and applied
research is integrated into the development of taxpayer service
and enforcement initiatives. Toward that end, the Committee
looks forward to the results of the study by the National
Taxpayer Advocate and the IRS Office of Research on factors
that influence taxpayer compliance behavior, including how and
the extent to which various factors influence such behavior, as
well as any recommendations made in the report for the
establishment of a cognitive learning and applied research
laboratory.
EITC.--The Committee is concerned that many low-income
taxpayers and their families are having their Earned Income Tax
Credit [EITC] benefits unnecessarily diminished through high-
cost, short-term products such as refund anticipation loans
[RALs]. The Committee directs the Internal Revenue Service, in
consultation with the National Taxpayer Advocate, to educate
consumers about the costs associated with these products and
expand access to alternative methods of obtaining timely tax
refunds.
IRS data reflect that in 2006, 22,400,000 households
received a total of $43,700,000,000 through the EITC through
reduced taxes and refunds. Concerns have been raised that an
estimated 7,500,000 families failed to take advantage of the
credit because they did not know they were eligible, leaving
about $14,500,000,000 in the Treasury. The Committee strongly
urges the IRS to take immediate steps to increase outreach and
education to increase the number of eligible taxpayers who may
benefit from this program.
Community Volunteer Income Tax Assistance.--The Volunteer
Income Tax Assistance [VITA] program is an important aspect of
IRS efforts to provide income tax preparation assistance
programs for low-income taxpayers. The Committee provides
$8,000,000 to the IRS to be available for 2 years specifically
for exclusive use as part of continuing a matching grant
program established and administered by the IRS, in
consultation with the Taxpayer Advocate Service, for not for
profit organizations which provide volunteer income tax return
preparation services for lower income individual taxpayers.
As outlined in the Explanatory Statement for Division D,
Financial Services and General Government Appropriations, 2008
(Public Law 110-161), this program shall provide direct funds
to enable VITA programs to extend services to underserved
populations and hardest-to-reach areas, both urban and non-
urban, as well as to increase the capacity to file returns
electronically, heighten quality control, enhance training of
volunteers, and significantly improve the accuracy rate of
returns prepared by VITA sites. The Committee reinforces its
expectation that the IRS should employ an equitable selection
methodology which takes into account geographic diversity, and
include an evaluation component to measure the overall
effectiveness of the program and the results achieved.
The IRS is not permitted to treat any in-kind contributions
from the IRS as counting toward the $8,000,000 appropriation
nor shall the IRS reduce any current contributions toward tax
return preparation services. As the IRS promotes this grant
program, the Committee strong urges the IRS to take steps to
address the concerns identified by both the GAO and the TIGTA
regarding the accuracy of tax preparation services provided at
VITA sites in the past.
Charitable Exempt Organizations.--The Committee is
encouraged by recent IRS actions to invest greater resources in
activities that educate charitable exempt organizations about
their obligations under the tax code, helping to increase
voluntary compliance and strengthen charities' ability to
improve lives and communities. The Committee anticipates that
the IRS will utilize the increased resources in this
appropriation to continue to expand outreach to and education
of charitable organizations, particularly in light of
significant changes to tax-exempt laws in the Pension
Protection Act and other statutes.
A recent TIGTA audit found that efforts by the IRS to
educate tax-exempt organizations about prohibited political
activities were increased, and several internal processes were
enhanced. The Committee urges the IRS to incorporate TIGTA's
recommendations to improve the effectiveness of efforts as a
way to increase the likelihood that tax-exempt organizations
will discontinue prohibited activities before the relevant
election and that tax-exempt organization activities will be
evaluated consistently and fairly.
IRS Free File Program.--The Free File Program allows
taxpayers meeting certain income requirements to electronically
prepare and file their income tax returns free of charge. The
IRS administers the Program as a partnership with the Free File
Alliance, a consortium of tax software companies. The Committee
is encouraged that usage has increased over 18 percent. The
Committee has had long-standing concern that eligible taxpayers
are not taking full advantage of this program. The Committee
expects IRS to place a high priority on improving marketing and
administration of the program as outlined by TIGTA. The
Committee further urges the IRS to devote the resources
necessary to ensure that individual taxpayers who access the
IRS Website are not subjected to cross-marketing and selling
activity when utilizing Free File. The IRS should likewise
promote public awareness of the availability of this program
among those who can most benefit from its free services,
particularly lower income, disadvantaged, the working poor and
other underserved populations.
ENFORCEMENT
Appropriations, 2008.................................... $4,780,000,000
Budget estimate, 2009................................... 5,117,267,000
Committee recommendation................................ 5,117,267,000
PROGRAM DESCRIPTION
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 the budget request level of
$5,117,267,000 for enforcement activities for fiscal year 2009.
This amount is $337,267,000 above the fiscal year 2008 enacted
level and the same as the budget request. Bill language is
included to transfer not less than $57,252,000 to the
Interagency Crime and Drug Enforcement [ICDE] program and to
transfer up to $10,000,000 from the Enforcement account to the
Operations Support account to support the ICDE program.
National Research Program.--As noted previously, the
Committee strongly supports the work of the National Research
Program [NRP] to increase understanding of the tax gap. While
the IRS's NRP has done a commendable job in updating the tax
gap estimates, significant challenges remain in obtaining
complete and timely data and in developing reliable methods for
interpreting the data. The IRS and others have expressed
concerns with the certainty of the overall tax gap estimate in
part because some aspects of the estimate rely on data from the
1970s and 1980s and in other areas, no estimates are available.
The Committee agrees with GAO, TIGTA, the National Taxpayer
Advocate, and the IRS Oversight Board which have all
recommended greater and more frequent data collection and
studies of the tax gap.
The Committee believes that an understanding of the causes
of inadvertent noncompliance and the role of preparers in
facilitating both inadvertent and intentional noncompliance
will improve tax administration and should inform IRS's
allocation of resources. Thus, in administering its NRP for
fiscal year 2009, the Committee directs the IRS to collect
information on the causes of noncompliance, including
inadvertent noncompliance, the type of return preparation
method (self, volunteer, paid preparer, or IRS preparer),
whether the taxpayer was represented during the examination,
and the extent to which that taxpayer sought and received IRS
services. The Committee further directs the IRS to use an
independent external survey firm to conduct interviews with NRP
taxpayers in order to identify the causes of taxpayer
noncompliance. The Committee directs the National Taxpayer
Advocate to assist with this effort.
Misclassification of Contractors.--The Committee continues
to be highly concerned with the misclassification of workers as
independent contractors, who file using IRS Form 1099. Many of
these workers should be correctly classified as employees and
should file using W-2 forms. This misclassification leads to
the underreporting and underpayment of employment and payroll
taxes by employers and individuals, which accounts for a
substantial portion of the gross tax gap. Therefore, the
Committee strongly urges the IRS to provide increased tax
enforcement in industries where misclassification of employees
is widespread.
The Committee is also concerned about disturbing reports
about companies establishing offshore subsidiaries to hire
employees so as to avoid payment of U.S. payroll taxes, and
strongly urges the IRS to investigate and take action in
response to such schemes, which constitute an estimated annual
loss to the Treasury of $100,000,000.
Charitable Exempt Organizations.--The Committee notes
enactment of sweeping changes to the tax laws governing
charitable exempt organizations designed to strengthen the
accountability and transparency of the nonprofit community. The
Committee is aware that funding for Internal Revenue Service
oversight of exempt organizations has remained relatively
constant over the past 20 years while the nonprofit community
has nearly doubled in size and grown in complexity.
OPERATIONS SUPPORT
Appropriations, 2008.................................... $3,680,059,000
Supplemental appropriation, 2008........................ 151,415,000
Budget estimate, 2009................................... 3,856,172,000
Committee recommendation................................ 3,896,650,000
PROGRAM DESCRIPTION
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 $3,896,650,000 for Operations
Support for fiscal year 2009. This amount is $216,591,000 above
the fiscal year 2008 enacted level, excluding emergency
supplemental appropriations and $40,478,000 above the budget
request. Bill language is included allowing $75,000,000 of
these funds to remain available until September 30, 2010 for
information technology support and not to exceed $1,000,000 to
remain available until September 30, 2011, for research; not
less than $2,000,000 for the Internal Revenue Oversight Board;
and $25,000,000 for official reception and representation. The
Committee has provided additional reception and representation
funds due to the IRS's growing role in international tax
administration. These funds will be used to host meetings with
international tax organizations such as the Joint International
Tax Shelter Information Centre, Inter-American Center for Tax
Administrators, and others.
Information Technology [IT] Management and Oversight.--The
IRS has made significant strides in improving the management
and oversight of its business systems modernization [BSM]
program. The IRS needs to vigilantly address major systemic
problems with its non-BSM portfolio of information technology
projects. TIGTA has identified problems in several areas of IT
management and oversight including, but not limited to, such
areas as classification of investment projects, oversight and
governance structure, risk management, contingency planning,
and contractor performance and accountability.
The Committee expects the IRS to monitor its entire non-BSM
IT portfolio (regardless of tier classification) and make any
changes as necessary to ensure that each project has (1) been
properly classified for investment decision and management
purposes, (2) the appropriate governance structure in place
(such as an executive steering committee), (3) a risk
management plan, (4) a contingency plan in case of breakdowns
or failures in scheduled deliverables, (5) adequate provisions
in the contracts to ensure penalties and repayment to the
agency if performance is not met, (6) adequate contractor
staffing and management in place to fulfill the contract terms
and deliverables, and (7) been certified by the head of the
relevant IRS business unit that the project is deemed necessary
for its operations and meets its requirements.
BUSINESS SYSTEMS MODERNIZATION
Appropriations, 2008.................................... $267,090,000
Budget estimate, 2009................................... 222,664,000
Committee recommendation................................ 282,175,000
PROGRAM DESCRIPTION
The Business Systems Modernization account provides for
revamping business practices and acquiring new technology. The
IRS has undertaken a multi-year, multi-billion dollar effort to
migrate from its antiquated legacy system to bring the IRS tax
administration system to a level of public and private sector
best practices. The IRS is using a formal methodology to
prioritize, approve, fund, and evaluate its portfolio of
business systems modernization investments. This methodology is
designed to enforce a documented, repeatable, and measurable
process for managing investments throughout their life cycle.
The process is reviewed by the Government Accountability Office
on a regular basis as part of the submission requirements for
expenditure plans to the House and Senate Committees on
Appropriations. The expenditure plan approval process prior to
the use of appropriated funds continues for fiscal year 2009.
COMMITTEE RECOMMENDATION
The Committee recommends $282,175,000 for Business Systems
Modernization [BSM] for fiscal year 2009. This amount is
$15,085,000 above the fiscal year 2008 enacted level and
$59,511,000 above the budget request. The Committee concurs
with the belief, espoused by the IRS Oversight Board in its
March 2008 Special Report on its Fiscal Year 2009 IRS Budget
Recommendation, that when fully implemented, modernized IRS
information systems will save billions of dollars in burden
reduction for American taxpayers and significantly improve the
efficiency of the IRS. For example, the replacement of the
aging, vintage 1969 Individual Master File with the new
Customer Account Data Engine [CADE] will permit daily rather
than weekly updating of individual tax accounts. With CADE as
its centerpiece, systems modernization by the IRS promotes
enhanced customer service, more expeditious refund processing,
and better administration of the tax system.
The Committee views a reduction in funding for Business
Systems Modernization as highly imprudent and short-sighted
given the progress made to date and the long-term benefits that
the new systems will provide. The Committee expects that of the
funds recommended for the Business Systems Modernization
account, not less than $78,000,000 should be for continued
development of the Customer Account Data Engine [CADE] project,
not less than $35,500,000 should be for Accounts Management
Services, and not less than $35,000,000 should be for
Modernized e-File.
The Committee continues to believe that BSM is the IRS's
highest management and administrative priority. As one of the
Federal Government's largest, most visible, and sensitive
modernization efforts, managing the risks inherent in BSM will
require vigilant management attention for several years. To the
IRS's credit, the program has made steady progress over the
past few years.
The Committee is dismayed that the budget request fails to
reflect the criticality of continued progress in modernizing
IRS's outmoded tax administration and financial systems. The
Committee is concerned about potential setbacks to needed
progress as a result of reduced funding. Furthermore, the
Committee is cognizant of the cost implications of any delays
in releasing components of the BSM deliverables and appreciates
regular progress updates and quarterly briefings.
HEALTH INSURANCE TAX CREDIT ADMINISTRATION
Appropriations, 2008.................................... $15,235,000
Budget estimate, 2009................................... 15,406,000
Committee recommendation................................ 15,406,000
PROGRAM DESCRIPTION
This appropriation provides operating funds to administer
the advance payment feature of a refundable Trade Adjustment
Assistance health insurance tax credit program to assist
dislocated workers with their health insurance premiums. The
tax credit program was enacted by the Trade Act of 2002 (Public
Law 107-210) and became effective in August 2003.
COMMITTEE RECOMMENDATION
The Committee recommendation provides the budget request
level of $15,406,000 for the Health Insurance Tax Credit
Administration in fiscal year 2009. This amount is $171,000
above the fiscal year 2008 enacted level, and the same as the
budget request.
ADMINISTRATIVE PROVISIONS--INTERNAL REVENUE SERVICE
The Committee has included four administrative provisions
carried in prior appropriations acts and two new administrative
provisions. The administrative provisions are as follows:
Section 101 continues a provision allowing the IRS to
transfer up to 5 percent of any appropriation made available to
the Agency in fiscal year 2009 to any other IRS account, with
the exception of the Enforcement account, which is limited to 3
percent. The IRS is directed to follow the Committee's
reprogramming procedures outlined earlier in this report.
Section 102 continues a provision maintaining a training
program in taxpayers' rights and cross-cultural relations.
Section 103 continues a provision requiring the IRS to
institute and enforce policies and procedures, which will
safeguard the confidentiality of taxpayer information.
Section 104 continues a provision directing that funds
shall be available for improved facilities and increased
staffing to support a 1-800 help line service for taxpayers.
Section 105 is a new provision designating not less than
$6,997,000,000 for enhanced tax enforcement to address the
Federal tax gap and an additional $490,000,000 for the Internal
Revenue Service for enhanced tax enforcement activities. This
provision is consistent with section 312(c)(2)(B) of the
concurrent resolution on the budget for fiscal year 2009 (House
Report 110-659).
Section 106 is a new provision that prohibits the use of
funds in this act to enter into, renew, extend, administer,
implement, enforce, provide oversight of, or make any payment
related to any qualified tax collection contract.
Administrative Provisions--Department of the Treasury
The Committee includes 10 administrative provisions carried
over from prior appropriations acts and two new administrative
provisions. The administrative provisions are as follows:
Section 107 authorizes certain basic services within the
Treasury Department in fiscal year 2009, including purchase of
uniforms; maintenance, repairs, and cleaning; purchase of
insurance for official motor vehicles operated in foreign
countries; and contracts with the Department of State for
health and medical services to employees and their dependents
serving in foreign countries.
Section 108 authorizes transfers, up to 2 percent, between
Departmental Offices, Office of Inspector General, Financial
Management Service, Alcohol and Tobacco Tax and Trade Bureau,
Financial Crimes Enforcement Network, and the Bureau of the
Public Debt appropriations under certain circumstances.
Section 109 authorizes transfer, up to 2 percent, between
the Internal Revenue Service and the Treasury Inspector General
for Tax Administration under certain circumstances.
Section 110 requires that the purchase of law enforcement
vehicles be consistent with departmental vehicle management
principles.
Section 111 prohibits the Department of the Treasury and
the Bureau of Engraving and Printing from redesigning the $1
Federal Reserve Note.
Section 112 authorizes the Secretary of the Treasury to
transfer funds from Salaries and Expenses, Financial Management
Service, to the Debt Collection Fund as necessary to cover the
costs of debt collection. Such amounts shall be reimbursed to
the Salaries and Expenses account from debt collections
received in the Debt Collection Fund.
Section 113 extends for 1 year the authority to conduct a
personnel management demonstration project.
Section 114 requires prior approval for the construction
and operation of a museum by the United States Mint.
Section 115 prohibits the merger of the United States Mint
and the Bureau of Engraving and Printing without prior approval
of the committees of jurisdiction.
Section 116 is a provision that authorizes the Department's
intelligence activities.
Section 117 permits the Department of the Treasury to
transfer, among the Treasury Financial Management Services,
Internal Revenue Service Taxpayer Services, and Internal
Revenue Service Operations Support accounts, funds provided in
Public Law 110-185 to carry out the stimulus tax rebates. Such
transfer authority is intended to facilitate administration of
the program and is subject to advance notification to the
Committees on Appropriations. However, any transfer of funds
exceeding $5,000,000 is subject to advance approval of the
Committee on Appropriations.
Section 118 permits the Bureau of Engraving and printing to
use $5,000 from the Industrial Revolving Fund for reception and
representation expenses.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
Compensation of the President
Appropriations, 2008.................................... $450,000
Budget estimate, 2009................................... 450,000
Committee recommendation................................ 450,000
PROGRAM DESCRIPTION
This account provides 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. This is the same as the fiscal year 2008 enacted
level and the same as the budget estimate. The expense account
is for official use as authorized by title 3, United States
Code and is not considered taxable to 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
Appropriations, 2008.................................... $51,656,000
Budget estimate, 2009................................... (\1\)
Committee recommendation................................ 52,499,000
\1\The budget proposes a consolidation of most accounts for the White
House of $190,078,000, including this account.
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PROGRAM DESCRIPTION
The ``Salaries and Expenses'' account of the White House
Office provides staff assistance and administrative services
for the direct support of the President. The office also serves
as the President's representative before the media. In
accordance with 3 U.S.C. 105, the office also supports and
assists the activities of the spouse of the President.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $52,499,000
for White House Office Salaries and Expenses. The
recommendation is $843,000 more than the fiscal year 2008
enacted level and is equal to certain assumptions in the budget
estimate.
The Committee has rejected the administration's request to
include many of the offices under the Executive Office of the
President under a single, consolidated account, including this
account. The Committee objects to the overall proposal since it
would undermine the ability of the Congress to exercise
adequate oversight regarding how these funds are expended.
Executive Residence at the White House
OPERATING EXPENSES
Appropriations, 2008.................................... $12,814,000
Budget estimate, 2009................................... (\1\)
Committee recommendation................................ 13,363,000
\1\The budget proposes a consolidation of most accounts for the White
House of $190,078,000 including this account.
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PROGRAM DESCRIPTION
These funds provide for the care, maintenance, repair,
alteration, refurnishing, improvement, air-conditioning,
heating, and lighting of the White House and the official and
ceremonial functions of the President.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $13,363,000
for the Executive Residence at the White House. The Committee
recommendation is $549,000 more than the fiscal year 2008
enacted level and is equal to certain assumptions in the budget
estimate. The administration's request includes many of the
accounts under the Executive Office of the President under a
single, consolidated account, including this account. The
Committee objects to the overall proposal since it would
undermine the ability of the Congress to exercise adequate
oversight regarding how these funds are expended. The
accompanying bill also continues certain restrictions on
reimbursable expenses for use of the Executive Residence.
WHITE HOUSE REPAIR AND RESTORATION
Appropriations, 2008.................................... $1,600,000
Budget estimate, 2009................................... (\1\)
Committee recommendation................................ 1,600,000
\1\The budget proposes a consolidation of most accounts for the White
House of $190,078,000 including this account.
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PROGRAM DESCRIPTION
This account funds 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 the 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, the same amount as assumed
in the overall budget request and the same as the fiscal year
2008 enacted level.
Council of Economic Advisers
SALARIES AND EXPENSES
Appropriations, 2008.................................... $4,118,000
Budget estimate, 2009................................... (\1\)
Committee recommendation................................ 4,118,000
\1\The budget proposes a consolidation of most accounts for the White
House of $190,078,000 including this account.
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PROGRAM DESCRIPTION
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 the preparation of the
annual Economic Report of the President to Congress.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $4,118,000 for
salaries and expenses of the Council of Economic Advisers. This
amount is the same as the amount assumed in the overall budget
request and is equal to the fiscal year 2008 enacted level.
Office of Policy Development
SALARIES AND EXPENSES
Appropriations, 2008.................................... $3,482,000
Budget estimate, 2009................................... (\1\)
Committee recommendation................................ 5,250,000
\1\The budget proposes a consolidation of most accounts of the White
House of $190,078,000 including this account.
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PROGRAM DESCRIPTION
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 $5,250,000 for the Office of
Policy Development. This is $1,700,000 higher than the amount
assumed in the budget request and $1,768,000 above the fiscal
year 2008 enacted level. The administration's request includes
many of the accounts under the Executive Office of the
President under a single, consolidated account, including this
account. The Committee objects to the overall proposal since it
would undermine the ability of the Congress to exercise
adequate oversight regarding how these funds are expended.
The recommendation includes $1,400,000 for the Office of
Policy Development to develop and implement a domestic AIDS
strategy. The Committee is concerned that the Office of
National AIDS Policy has been eliminated under the current
administration. Yet, reports indicate that HIV infection rates
in the United States have not declined in over a decade and
that half of those living with HIV/AIDS in the United States
are not receiving adequate health care. The Committee is
perplexed that although countries receiving assistance from the
United States are required develop an AIDS strategy for
improving results, the administration has made no such effort
for the United States in recent years. The Committee directs
the Office of Policy Development to coordinate a government-
wide effort to develop and implement a domestic AIDS strategy,
including targets for improved prevention and treatment
outcomes, and to issue a report to the Committee on
Appropriations within 180 days of enactment on the activities
the administration is conducting to develop a national AIDS
strategy.
Tobacco remains the number one preventable cause of death
in the world, claiming the lives of more than 5 million people
each year. In the United States, every year, tobacco causes the
death of more than 438,000 Americans and costs more than
$167,000,000,000 in both direct health care costs and lost
productivity. The Committee believes that the Framework
Convention on Tobacco Control is a comprehensive and
coordinated approach to address the impact of tobacco on the
public's health. The United States is one of 168 countries that
have signed the Framework Convention on Tobacco Control. The
Committee urges the President to send the Framework Convention
on Tobacco Control to the Senate for ratification.
The Committee has provided $300,000 within the White House
Office of Policy Development to support international
symposiums to discuss ways to improve the relationship between
faith and science. The participants shall include as many as 30
internationally-renowned scientists and theologians, equally
divided. The symposiums should be open to the public. At the
end of each symposium, the participants shall produce a written
record of their discussions and the progress made in furthering
the mutual respect of science and faith. The Committee directs
that these reports be made available on www.whitehouse.gov.
National Security Council
SALARIES AND EXPENSES
Appropriations, 2008.................................... $8,640,000
Budget estimate, 2009................................... (\1\)
Committee recommendation................................ 9,029,000
\1\The budget proposes a consolidation of most accounts of the White
House of $190,078,000 including this account.
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PROGRAM DESCRIPTION
The National Security Council advises the President in
integrating domestic, foreign, and military policies related to
national security.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $9,029,000 for
the salaries and expenses of the National Security Council.
This amount is the same as assumed in the budget request and
$389,000 more than the fiscal year 2008 enacted level.
Office of Administration
SALARIES AND EXPENSES
Appropriations, 2008.................................... $91,745,000
Budget estimate, 2009................................... (\1\)
Committee recommendation................................ 95,633,000
\1\The budget proposes a consolidation of most accounts of the White
House of $190,078,000 including this account.
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PROGRAM DESCRIPTION
The Office of Administration's mission is to provide high-
quality, cost-effective administrative services to the
Executive Office of the President. These services, defined by
Executive Order 12028 of 1977, include financial, personnel,
library and records services, information management systems
support, and general office services.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $95,633,000
for the Office of Administration for fiscal year 2009, an
increase of $3,888,000 over the fiscal year 2008 enacted level
and equal to the amount assumed in the budget request.
The Committee has not included space rental costs for the
Office of Management and Budget [OMB] and the Office of
National Drug Control Policy [ONDCP] in this account. Funding
for these costs is included within the accounts of the
respective offices.
The Committee supports the National Archives and Records
Administration [NARA] in its efforts to make all appropriate
electronic records public regardless of original formatting.
The Committee is concerned, however, about the lack of
information from the White House on the format and volume of
records to be transferred for the current administration. This
poses a significant challenge to NARA as it works to complete
the documentation effort for the current administration. The
Committee directs the Office of Administration to work closely
to meet NARA requirements and deadlines so that a complete
record is available for the next administration, the Congress,
and the public.
Office of Management and Budget
salaries and expenses
Appropriations, 2008.................................... $78,000,000
Budget estimate, 2009................................... 72,800,000
Committee recommendation................................ 80,172,000
PROGRAM DESCRIPTION
The Office of Management and Budget [OMB] assists the
President in the discharge of his budgetary, management, and
other executive responsibilities.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $80,172,000
for the Office of Management and Budget which is $2,172,000
more than the fiscal year 2008 enacted level and $7,372,000
more than the amount specified in the budget request.
Of the increase over the budget request, the Committee
provides $200,000 for printing paper copies of the documents
associated with the President's annual budget request for
submission to the Congress. The Committee has included space
rental costs in this account, rather than in the Office of
Administration as assumed in the budget request, which accounts
for the remainder of the increase over the budget estimate.
The Committee urges the President to establish the Task
Force on International Cooperation for Clean and Efficient
Technologies as required under section 916 of the Energy
Independence and Security Act of 2007 (Public Law 110-140).
The Committee reminds OMB of the report due to Congress no
later than March 1, 2009, regarding the extent to which
executive departments and agencies that administer directed
funding allocate the designated amounts to intended recipients
at a level less than specified in any enacted bill or
accompanying report.
The bill includes a general provision that directs all
departments and agencies to include information in the fiscal
year 2010 budget justifications submitted to Congress regarding
redirection of congressionally directed funding.
Office of National Drug Control Policy
SALARIES AND EXPENSES
Appropriations, 2008.................................... $26,402,000
Budget estimate, 2009................................... 23,697,000
Committee recommendation................................ 27,900,000
PROGRAM DESCRIPTION
The Office of National Drug Control Policy [ONDCP],
established by the Anti-Drug Abuse Act of 1988, and
reauthorized by Public Law 109-469, is charged with developing
policies, objectives, and priorities for the National Drug
Control Program. In addition, ONDCP administers the Counterdrug
Technology Assessment Center, the High Intensity Drug
Trafficking Areas program, the National Youth Anti-Drug Media
Campaign, the Drug-Free Communities Program, and several other
related initiatives.
This account provides funding for personnel compensation,
travel, and other basic operations of the Office, and for
general policy research to support the formulation of the
National Drug Control Strategy.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $27,900,000
for ONDCP's salaries and expenses. This amount is $1,498,000
above the fiscal year 2008 enacted level and $4,203,000 above
the budget request.
An amount of $3,114,000 is provided under this heading for
rental payments to the General Services Administration [GSA]
instead of providing these funds under the heading ``Office of
Administration''.
The Committee does not agree with ONDCP's proposal to
reorganize 3 of the agency's 12 components, therefore the
Committee has again included a provision to continue the
prohibition against the reorganization.
Last year, the Committee requested numerous reports from
ONDCP, many of which were considerably late, and one of which
remains overdue as of the writing of this report. Furthermore,
the Committee stated in various communications (orally and by
bicameral and bipartisan letter) both last year and this year,
that consultation with the Committee was expected prior to
decisions regarding HIDTA funding, yet that still did not
occur.
ONDCP often disregards the intent of Congress; defying
statutory law and directives enacted in previous legislation,
such as not undoing the reorganization of the budget and CTAC
offices. The Committee is aware that other entities requiring
interaction with ONDCP have troubled relationships as well.
Over a number of years, the Committee has asked ONDCP for
information relating to such items as staffing levels,
political appointees, and agency travel, and has received other
input as well. The Committee is disturbed by such data as a
result of these inquiries. In particular, the Committee finds
that:
From fiscal year 2000 to fiscal year 2008, ONDCP staffing
levels have declined by approximately 14 percent to a
current level of 106 employees, and both racial/
ethnicity and female representation have declined
significantly as a percentage of the total workforce.
Political appointments (with the largest portion being
Schedule C appointments) constitute almost a quarter of
the workforce at this ``non-partisan'' organization, a
level greater than other EOP components. Among career
staff, the level of turnover in some years has raised
concerns about continuity of leadership as well as
sufficiency of expertise. Management policies and
practices, particularly those relating to human
capital, have resulted in a highly centralized and non-
transparent structure. More than one-half of ONDCP
employees report directly or secondarily to the chief
of staff (a non-career SES position), while the deputy
director of ONDCP, a Senate-confirmed Presidential
appointee, has no supervisory responsibilities. With
the likely departure of all political appointees by
January 20, 2009, there will be a void in senior-level
decisionmaking and institutional knowledge.
Since its ill-advised and unapproved reorganization,
staffing at ONDCP appears mismatched when comparing
statutory responsibilities to funding. In particular,
the Office of Performance and Budget, given its role in
budget review and certification, is understaffed; and
the Counterdrug Technology Assessment Center, given its
limited annual budget, is excessively staffed.
Like all components of the Executive Office of the
President except OMB, ONDCP does not participate in
OPM's human capital survey. Nor does it conduct a
comparable internal survey of its employees to gain
their input. While ONDCP conducts a customer service
survey, it does not measure morale, job satisfaction,
career development opportunities, leadership, or Equal
Employment Opportunity issues. Furthermore, ONDCP does
not conduct exit interviews, as recommended by
PriceWaterhouseCoopers in its 2000 report to ONDCP.
Therefore, neither ONDCP nor the Committee has a solid
basis upon which to measure the health of the
organization or the quality of the work environment.
During the period from fiscal year 2003 through fiscal
year 2007, travel by ONDCP political appointees
increased disproportionately as a percentage of total
ONDCP travel. Travel expenditures by political
appointees for the agency peaked in fiscal year 2006.
As a result of these concerns as well as others, the
Committee directed in the fiscal year 2008
appropriations bill that the National Academy of Public
Administration and GAO conduct independent reviews of
ONDCP.
In addition, the Committee believes that an independent
review of ONDCP's grant-based programs is necessary to
determine whether Federal resources are being adequately
utilized to develop common metrics against which program health
and outcomes can be assessed, and to facilitate the transfer of
effective practices. Given that ONDCP has not consistently
maintained an internal program review capability, the Committee
believes that this type of evaluation is long overdue.
Therefore, the Committee includes a provision in the bill
providing funding for ONDCP to contract with the National
Academy of Public Administration [NAPA] to develop a framework
and test it against selected ONDCP grant-based programs. The
study shall be completed by the end of fiscal year 2009.
COUNTERDRUG TECHNOLOGY ASSESSMENT CENTER
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2008.................................... $1,000,000
Budget estimate, 2009................................... 5,000,000
Committee recommendation................................ 5,000,000
PROGRAM DESCRIPTION
The Counterdrug Technology Assessment Center [CTAC] was
established by the Counter-Narcotics Technology Act of 1990
(Public Law 101-510) and reauthorized in 1998 (Public Law 105-
277) to serve as the central counterdrug technology research
and development organization for the United States Government.
Historically, CTAC has encompassed two separate functions: (1)
the Research and Development program [R&D], which supports
improvements to counterdrug capabilities that transcend the
need of any single Federal agency; and (2) the Technology
Transfer Program [TTP], which provides state-of-the-art,
affordable, easily integrated and maintainable tools to enhance
the capabilities of State and local law enforcement agencies
for counterdrug missions.
COMMITTEE RECOMMENDATION
Due to the lackluster performance of, and lack of
confidence in, the current director of this program, the
Committee continues to refuse to invest higher levels of
funding in the two stated functions of the CTAC program.
Due to the need to augment reduced requested funding levels
in other important drug control programs in the fiscal year
2009 budget, the Committee is constrained to provide additional
resources for this program. However, the Committee remains
hopeful that the fiscal year 2010 budget will reinvigorate the
CTAC program with additional requested funds and new
leadership, allowing this once valuable program to again
flourish. The Committee notes that the fiscal year 2003 funding
level for CTAC was $46,538,000.
Funds Appropriated to the President
FEDERAL DRUG CONTROL PROGRAMS
HIGH INTENSITY DRUG TRAFFICKING AREAS
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2008.................................... $230,000,000
Budget estimate, 2009................................... 200,000,000
Committee recommendation................................ 235,000,000
PROGRAM DESCRIPTION
The High Intensity Drug Trafficking Areas [HIDTA] program
was established by the Anti-Drug Abuse Act of 1988 (Public Law
100-690) and the Office of National Drug Control Policy's
reauthorization (Public Law 109-469) to provide assistance to
Federal, State, and local law enforcement entities operating in
those areas most adversely affected by drug trafficking.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $235,000,000
for the HIDTA program, an increase of $5,000,000 over the
fiscal year 2008 level and $35,000,000 more than the budget
request. With the increased funding, the Committee expects
ONDCP to provide a program adjustment for HIDTAs that qualify
under performance measurement criteria to be distributed on an
equal percent basis for qualifying HIDTAs, excluding HIDTAs
that received at least a $100,000 program adjustment bringing
them up to $3,000,000 in fiscal year 2007. ONDCP is directed to
consult with the HIDTAs in advance of deciding programmatic
spending allocations for discretionary (supplemental) funding.
As a result of the many new counties established with fiscal
year 2007 funds, ONDCP provided no funding for new counties in
fiscal year 2008 with the Committee's concurrence, and for
fiscal year 2009, the Committee suggests that $500,000 may be
provided for new counties if the need is warranted and the
criteria has been met.
The Committee recommendation specifies that up to
$2,100,000 may be used for auditing services and associated
activities, and up to $250,000 shall be used to ensure the
continued operation and maintenance of the Performance
Management System.
The Committee directs that funding shall be provided for
the existing HIDTAs at no less than the fiscal year 2008
initial allocation level (as revised by the letter from the
Director of the Office of National Drug Control Policy to the
Committees on Appropriations of the House of Representatives
and the Senate dated April 8, 2008) or $3,000,000, whichever is
greater; and no High Intensity Drug Trafficking Area shall
receive more than $47,457,447 as its fiscal year 2009 initial
allocation level, unless the Director submits to the House and
Senate Committees on Appropriations, and the Committees
approve, a request for reprogramming of the funds based on
clearly articulated priorities for the HIDTA program, as well
as published ONDCP performance measures of effectiveness. The
Committee directs that the HIDTA funds be transferred to the
appropriate drug control agencies expeditiously and includes
provisions in the bill to prevent delay.
The Committee recognizes the National HIDTA Assistance
Center for providing programmatic support to the HIDTA program
to include training, financial management/audit review, and
other essential services.
The Committee includes a new provision allowing unexpended
funds obligated prior to 2 years ago for programs addressing
the treatment or prevention of drug use to be used for other
approved HIDTA activities upon 30-days notification to the
Committee.
In allocating HIDTA funds, the Committee expects the
Director of ONDCP to ensure that the entities receiving these
limited resources make use of them strictly for implementing
the strategy for each HIDTA, taking into consideration local
conditions and resource requirements. In this regard,
methamphetamine is a primary illicit drug threat across the
country. Its widespread use and resulting addiction, combined
with the overwhelming availability of high purity, low cost
methamphetamine is cause for serious concern. Cocaine and
heroin also represent significant threats and Ecstasy is an
increasing danger. Marijuana is readily available and widely
abused across the United States. The prevalence of Canadian-
produced marijuana, commonly known as BC Bud, and potent
marijuana from the Appalachian States are two examples that
demonstrate the need for and value of marijuana eradication
programs.
The HIDTA funds should not be used to supplant existing
support for ongoing Federal, State, or local drug control
operations normally funded out of the operating budgets of each
agency. ONDCP is directed to withhold all HIDTA funds from a
State until such time as a State or locality has met its
financial obligation.
OTHER FEDERAL DRUG CONTROL PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2008.................................... $164,300,000
Budget estimate, 2009................................... 189,685,000
Committee recommendation................................ 204,250,000
PROGRAM DESCRIPTION
The Anti-Drug Abuse Act of 1988 (Public Law 100-690), and
the Office of National Drug Control Policy Reauthorization Act
(Public Law 109-469) established this account to be
administered by the Director of the Office of National Drug
Control Policy. The funds appropriated to the program support
high-priority drug control programs and may be transferred to
drug control agencies.
This account includes the following programs: National
Youth Anti-Drug Media Campaign, Drug-Free Communities Support
Program, National Drug Court Institute, U.S. Anti-Doping
Agency, World Anti-Doping Agency [WADA] membership dues,
National Alliance for Model State Drug Laws, and Performance
Measures Development.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $204,250,000
for Other Federal Drug Control Programs, which is $39,950,000
more than the fiscal year 2008 enacted level and $14,565,000
more than the budget request. Within this amount, the Committee
provides the following funding levels:
------------------------------------------------------------------------
Amount
------------------------------------------------------------------------
National Youth Anti-Drug Media Campaign................. $100,000,000
Drug-Free Communities Support Program................... 90,000,000
National Community Anti-Drug Coalition training......... 2,000,000
National Drug Court Institute........................... 1,000,000
U.S. Anti-Doping Agency................................. 9,600,000
World Anti-Doping Agency [WADA]......................... 1,900,000
National Alliance for Model State Drug Laws............. 1,250,000
Performance Measures Development........................ 500,000
------------------------------------------------------------------------
National Youth Anti-Drug Media Campaign.--The Committee has
provided consistent monetary support for the National Youth
Anti-Drug Media Campaign since it was initially funded by
Congress in fiscal year 1998. The Committee continues to be
concerned about the direction and efficacy of the Media
Campaign as it is currently structured, and notes that
independent reports have concluded that the Media Campaign has
not had a demonstrable nationwide effect on reducing drug use
among the Campaign's target population. Furthermore, the GAO
confirms that the Media Campaign has not been effective in
reducing youth drug use. The Committee is concerned that meth
is having a disproportional impact on our rural communities,
rendering the addiction an epidemic in the lives of so many
Americans from the Nation's farmlands, reservations, and small
towns. Most of these communities, because they are located
outside of urban areas, lack the comprehensive support services
needed to effectively address the addiction and its devastating
grip on so many families. The Committee provides $100,000,000
for the Media Campaign, of which at least $10,000,000 shall be
for meth prevention ads. The Committee directs that no more
than 10 percent of the funding provided for the Media Campaign
be used for administrative costs. ONDCP is encouraged to work
with State and local governments to increase visibility of the
Media Campaign. In order to combat methamphetamine abuse within
scarce resources, the Committee encourages ONDCP, to the degree
possible, to focus meth prevention advertising on geographic
areas with the highest level of drug problem within a State.
ONDCP is encouraged to use research-based advertising campaigns
and to collaborate with statewide or regional meth prevention
programs when possible.
Drug-Free Communities Support Program.--ONDCP directs the
Drug-Free Communities Support Program [DFCSP] in partnership
with the Substance Abuse and Mental Health Services
Administration. DFCSP provides dollar for dollar matching
grants of up to $125,000 to local coalitions that mobilize
their communities to prevent youth alcohol, tobacco, illicit
drug, and inhalant abuse. Such grants support coalitions of
youth; parents; media; law enforcement; school officials;
faith-based organizations; fraternal organizations; State,
local, and tribal government agencies; healthcare
professionals; and other community representatives. The DFCSP
enables these coalitions to strengthen their coordination and
prevention efforts, encourage citizen participation in
substance abuse reduction efforts, and disseminate information
about effective programs. The Committee provides $90,000,000
for the continuation of the DFCSP.
The Committee includes a provision in the bill directing
ONDCP to provide $2,000,000 of DFCSP funds for training and
related purposes as authorized by section 4 of Public Law 107-
82, as amended by Public Law 109-469.
The Committee includes a provision, at the request of the
authorizing committee, clarifying the intent of sec. 802 of
Public Law 109-469 (21 U.S.C. Sec. 1521, et seq.) that renewal
grantees found to be ineligible for continuation funding under
the Drug Free Communities Act are required to be afforded a
fair, timely, and independent appeals process prior to any
determination that a renewal grantee is ineligible or otherwise
not entitled to continuation funding.
United States Anti-Doping Agency.--The United States Anti-
Doping Agency [USADA] is the independent anti-doping agency for
Olympic sports in the United States, and is responsible for
managing the testing and adjudication process for U.S. Olympic,
Pan Am and Paralympic athletes. As a nonprofit corporation
under the leadership of an independent Board of Directors,
USADA has the authority to set forth guiding principles in
anti-doping policy and to enforce any doping violations. In
addition to managing collection and testing procedures, USADA
is also responsible for enhancing research efforts and
promoting educational programs to inform athletes of the rules
governing the use of performance enhancing substances, as well
as the ethics of doping and its harmful health effects.
The Committee provides $9,600,000 for USADA, which is the
same as the fiscal year 2008 enacted level and $2,315,000 more
than the budget request.
World Anti-Doping Agency.--ONDCP represents the United
States in the World Anti-Doping Agency [WADA], which promotes
and coordinates international activities against doping in all
forms of sports. The Committee provides $1,900,000 for
membership dues to the WADA.
National Drug Court Institute.--The National Drug Court
Institute facilitates the growth of the drug court movement by
promoting and disseminating education, research, and
scholarship concerning drug court programs and providing a
comprehensive drug court training series for practitioners.
Drug courts provide an effective means to fight drug-related
crime through the cooperative efforts of State and local law
enforcement, the judicial system, and the public health
treatment network. The Committee provides $1,000,000 for the
National Drug Court Institute.
National Alliance For Model State Drug Laws.--The National
Alliance for Model State Drug Laws [NAMSDL] is a national
organization that drafts, researches, and analyzes model drug
and alcohol laws and related State statutes, provides access to
a national network of drug and alcohol experts, and facilitates
working relationships among State and community leaders and
drug and alcohol professionals. In doing so, NAMSDL encourages
States to adopt and implement laws, policies, and regulations
to reduce drug trafficking, drug use, and their related
consequences. The Committee provides $1,250,000 to NAMSDL and
directs ONDCP to provide the entire amount directly to NAMSDL
within 30 days after enactment of this act.
National Drug Control Performance Measures.--Performance
Measures funding is used to conduct evaluation research for
assessing the effectiveness of the National Drug Control
Strategy. The Committee provides $500,000 for this program and
directs ONDCP to outline and submit to the Committee a detailed
plan for projects that assess the effectiveness of the strategy
in achieving its goals and objectives, and develop and improve
needed data sources, including specific funding levels, no
later than 120 days after enactment of this act.
Unanticipated Needs
Appropriations, 2008.................................... $1,000,000
Budget estimate, 2009................................... 1,000,000
Committee recommendation................................ 1,000,000
PROGRAM DESCRIPTION
These funds enable the President to meet unanticipated
exigencies in support of the national interest, security, or
defense.
COMMITTEE RECOMMENDATION
The Committee recommends $1,000,000 which is equal to the
amount appropriated in fiscal year 2008 and the same as the
budget request.
Presidential Transition Administrative Support
Appropriations, 2008....................................................
Budget estimate, 2009................................... $8,000,000
Committee recommendation................................ 8,000,000
PROGRAM DESCRIPTION
This account supports the Office of Administration for
expenses associated with the transition to the next
Presidential administration.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $8,000,000 for
Presidential Transition Administrative Support, which is equal
to the budget estimate. The account was not funded in fiscal
year 2008 because there was no presidential transition in that
year.
Special Assistance to the President
SALARIES AND EXPENSES
Appropriations, 2008.................................... $4,432,000
Budget estimate, 2009................................... 4,496,000
Committee recommendation................................ 4,496,000
PROGRAM DESCRIPTION
This appropriation provides for staff and expenses to
enable the Vice President to provide assistance to the
President in connection with the performance of executive
duties and responsibilities. The Vice President also has a
staff funded by the Senate to assist him in the performance of
his legislative duties. These funds also support the official
activities of the spouse of the Vice President.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $4,496,000 for
special assistance to the President. This amount is the same as
the budget request and $64,000 above the fiscal year 2008
enacted level.
Official Residence of the Vice President
OPERATING EXPENSES
Appropriations, 2008.................................... $320,000
Budget estimate, 2009................................... 323,000
Committee recommendation................................ 323,000
PROGRAM DESCRIPTION
This account supports the care and operation of the Vice
President's residence on the grounds of the Naval Observatory.
These funds specifically support equipment, furnishings, dining
facilities, and services required to perform and discharge the
Vice President's official duties, functions, and obligations.
Funds to renovate the residence are provided through the
Department of the Navy budget. The Committee has had a
longstanding interest in the condition of the residence and
expects to be kept fully apprised by the Vice President's
office of any and all renovations and alterations made to the
residence by the Navy.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $323,000 for
the official residence of the Vice President. This amount is
the same as the budget request and $3,000 above the fiscal year
2008 enacted level.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
Section 201 continues a provision that provides flexibility
in the use of funds in accounts under the Executive Office of
the President.
Section 202 requires a detailed financial plan by the
Director of the ONDCP prior to the obligation of funds in
fiscal year 2009.
Section 203 allows for the transfer of up to 2 percent
among programs within ONDCP.
Section 204 establishes reprogramming requirements for
ONDCP.
Section 205 provides that in fiscal year 2009 and
thereafter, funds provided for the Office of Management and
Budget shall support the costs of the printing of a sufficient
number of copies of the documents associated with the
President's annual budget request for submission to the
Congress.
TITLE III
THE JUDICIARY
PROGRAM DESCRIPTION
Established under Article III of the Constitution, the
judicial branch of Government is a separate but equal branch.
The Federal Judiciary consists of the Supreme Court, United
States Courts of Appeals, District Courts, Bankruptcy Courts,
Court of International Trade, Court of Federal Claims, and
several other entities and programs. The organization of the
judiciary, the district and circuit boundaries, the places of
holding court, and the number of Federal judges are legislated
by the Congress and signed into law by the President.
The Committee's recommended funding levels support the
Federal judiciary's role of providing equal justice under the
law and include sufficient funds to support this critical
mission. The recommended funding level includes the salaries of
judges and support staff and the operation and security of our
Nation's courts.
The judicial branch is reminded that it, too, is subject to
the same funding constraints facing the executive and
legislative branches and continues to urge the Federal
judiciary to devote its resources primarily to the retention of
staff. Further, the judiciary is encouraged to contain
controllable costs such as travel, construction, and other non-
essential expenses.
Supreme Court of the United States
SALARIES AND EXPENSES
Appropriations, 2008.................................... $66,526,000
Budget estimate, 2009................................... 69,777,000
Committee recommendation................................ 69,776,000
PROGRAM DESCRIPTION
The United States Supreme Court consists of nine justices
appointed under Article III of the Constitution of the United
States, one of whom is appointed as Chief Justice of the United
States. The Supreme Court acts as the final arbiter in the
Federal court system.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $69,776,000
for the Justices, their supporting personnel, and the costs of
operating the Supreme Court, excluding the care of the building
and grounds. The recommendation is $3,250,000 above the fiscal
year 2008 funding level and approximately the same as the
request.
CARE OF THE BUILDING AND GROUNDS
Appropriations, 2008.................................... $12,201,000
Budget estimate, 2009................................... 18,447,000
Committee recommendation................................ 18,447,000
PROGRAM DESCRIPTION
Care of the Building and Grounds, for expenditure by the
Architect of the Capitol, provides for the structural and
mechanical care of the Unites States Supreme Court Building and
Grounds, including maintenance and operation of mechanical,
electrical, and electronic equipment.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $18,447,000
for personnel and other services related to the Supreme Court
building and grounds, which is supervised by the Architect of
the Capitol. The recommendation is $6,246,000 above the fiscal
year 2008 funding level and identical to the budget request.
The Committee directs the Court to report to the Committee no
later than 90 days after enactment of this act on its
construction and modernization plans and to update the
Committee as the Court becomes aware of any changes in schedule
or budgetary needs.
United States Court of Appeals for the Federal Circuit
salaries and expenses
Appropriations, 2008.................................... $27,072,000
Budget estimate, 2009................................... 32,357,000
Committee recommendation................................ 31,482,000
PROGRAM DESCRIPTION
The United States Court of Appeals for the Federal Circuit
was established under Article III of the Constitution on
October 1, 1982. The court was formed by the merger of the
United States Court of Customs and Patent Appeals and the
appellate division of the United States Court of Claims. The
court consists of 12 judges who are appointed by the President,
with the advice and consent of the Senate. Judges are appointed
to the court under Article III of the Constitution of the
United States.
The Federal Circuit has nationwide jurisdiction in a
variety of subject matter, including international trade,
government contracts, patents, certain claims for money from
the United States Government, Federal personnel, and veterans'
benefits. Appeals to the court come from all Federal district
courts, the United States Court of Federal Claims, the United
States Court of International Trade, and the United States
Court of Veterans Appeals. The court also takes appeals of
certain administrative agencies' decisions, including the Merit
Systems Protection Board, the Board of Contract Appeals, the
Board of Patent Appeals and Interferences, and the Trademark
Trial and Appeals Board. Decisions of the United States
International Trade Commission, the Office of Compliance of the
United States Congress, and the Government Accountability
Office Personnel Appeals Board are also reviewable by the
court.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $31,482,000.
The recommendation is $4,410,000 above the fiscal year 2008
funding level, and $875,000 below the budget request.
Of the amount provided, the Committee has provided funding
for leased space for three senior judges and associated
staffing for one senior judge instead of providing leased space
for five judges eligible for senior status but who have not yet
expressed an intention to do so in fiscal year 2009, and
associated staffing for three judges. The Committee urges
judges eligible for senior status to declare their intention at
the earliest possible opportunity in order to maximize leased
space opportunities.
U.S. Court of International Trade
salaries and expenses
Appropriations, 2008.................................... $16,632,000
Budget estimate, 2009................................... 19,622,000
Committee recommendation................................ 19,605,000
PROGRAM DESCRIPTION
The United States Court of International Trade, located in
New York City, consists of nine Article III judges. The court
has exclusive nationwide jurisdiction over civil actions
brought against the United States, its agencies and officers,
and certain civil actions brought by the United States, arising
out of import transactions and the administration and
enforcement of the Federal customs and international trade
laws.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $19,605,000.
The recommendation is $2,973,000 above the fiscal year 2008
funding level and consistent with the Judiciary's re-estimate
of fiscal year 2009 requirements.
Courts of Appeals, District Courts, and Other Judicial Services
SALARIES AND EXPENSES
Appropriations, 2008\1\................................. $4,619,262,000
Budget estimate, 2009................................... 4,963,091,000
Committee recommendation................................ 4,832,760,000
\1\Of this amount, $14,500,000 was designated as emergency funding.
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PROGRAM DESCRIPTION
Salaries and Expenses is one of four accounts that provide
total funding for the Courts of Appeals, District Courts, and
Other Judicial Services. In addition to funding the salaries of
judges and support staff, this account also funds the operating
costs of appellate, district, and bankruptcy courts, the Court
of Federal Claims, and probation and pretrial services offices.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of
$4,832,760,000. The recommendation is $213,498,000 above the
fiscal year 2008 funding level and $130,331,000 below the
budget request.
Judiciary's Efforts To Contain Costs and Control Rent.--The
Committee has long noted its concern about the rising costs
associated with the Judiciary's rent bill. For example, in
Senate Report 109-109, accompanying the fiscal year 2006
appropriations bill, the Committee expressed support for the
Judiciary's efforts to work with the General Services
Administration to find ways to reduce rising rent costs and to
reduce this rapidly-growing burden, and urged the Judicial
Conference to continue to carefully consider the size and scope
of future construction projects as well as to consider other
remedies.
In Senate Report 109-495, accompanying the fiscal year 2007
appropriations bill, the Committee encouraged the Judicial
Conference to ensure that adequate checks remain in place to
guarantee that future construction requests and projects are
subjected to the highest standards of cost-efficiencies. A June
2006 GAO report noted that there were then no incentives for
district and circuit courts to make more efficient use of their
space. The Administrative Office was directed to report on
steps taken to encourage more efficient use of space by
district and circuit courts.
In Senate Report 110-129, accompanying the fiscal year 2008
appropriations bill, the Committee acknowledged the cost
containment measures undertaken by the judiciary and strongly
urged the continuation of those efforts. The Administrative
Office was directed to report on steps taken to encourage more
efficient use of space by district and circuit courts.
In its report, the Administrative Office indicated the
following initiatives were underway to further control rent
costs and to encourage more efficient use of space by district
and circuit courts:
--In September 2006, the Judicial Conference set an annual
rent cap for future rent requirements at an average
annual growth rate of 4.9 percent for fiscal years 2009
through 2016.
--In September 2007, the Judicial Conference approved
creation of the Circuit Rent Budget [CRB] program. The
CRB is designed to promote greater discipline in the
management of the Judiciary's use of space by aligning,
at the circuit council level, the budget responsibility
for rent, with the authority to determine space need.
With the Judicial Conference's adoption of the CRB program,
rent budgets are now allocated to the circuits to cover the
cost of space, and each circuit council must now choose to fund
only those space expansion projects which the council can
afford. The CRB initiative provides several incentives to
encourage efficient space use decisions by circuit and district
courts. For example, an incentive for space relinquishment
allows the circuit to capture the value of rental costs savings
associated with space relinquishment, for use to pay for new
space in another location. This enables the court units to
surrender nonutilized or underutilized space, and capture the
value of the rent savings for use where space is truly needed.
The Committee understands that, at its September 2008
meeting, the Judicial Conference will act on the
recommendations of its Space and Facilities Committee with
regard to the Circuit Rent Budget program, including the Third
Circuit's rent budget request. The Committee expects the Easton
Courthouse to remain open until the opening of the new court
facility in Lancaster County, Pennsylvania.
VACCINE INJURY COMPENSATION TRUST FUND
Appropriations, 2008.................................... $4,099,000
Budget estimate, 2009................................... 4,253,000
Committee recommendation................................ 4,253,000
PROGRAM DESCRIPTION
Enacted by the National Childhood Vaccine Injury Act of
1986 (Public Law 99-660), the Vaccine Injury Compensation
Program is a Federal no-fault program designed to resolve a
perceived crisis in vaccine tort liability claims that
threatened the continued availability of childhood vaccines
nationwide. The statute's primary intention is the creation of
a more efficient adjudicatory mechanism that ensures a no-fault
compensation result for those allegedly injured or killed by
certain covered vaccines. This program protects the
availability of vaccines in the United States by diverting a
substantial number of claims from the tort arena.
Not only did this act create a special fund to pay
judgments awarded under the act, but it also created the Office
of Special Masters [OSM] within the United States Court of
Federal Claims to hear vaccine injury cases. The act stipulates
that up to eight special masters may be appointed for this
purpose. The special masters expenditures are reimbursed to the
judiciary for vaccine injury cases from a special fund set up
under the Vaccine Act.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $4,253,000.
The recommendation is $154,000 above the fiscal year 2008
funding level and consistent with the budget request.
Defender Services
Appropriations, 2008\1\................................. $846,101,000
Budget estimate, 2009................................... 911,408,000
Committee recommendation................................ 854,204,000
\1\Of this amount, $10,500,000 was designated as emergency funding.
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PROGRAM DESCRIPTION
The Defender Services program ensures the right to counsel
guaranteed by the Sixth Amendment, the Criminal Justice Act (18
U.S.C. 3006A(e)) and other congressional mandates for those who
cannot afford to retain counsel and other necessary defense
services. The Criminal Justice Act provides that courts appoint
counsel from Federal public and community defender
organizations or from a panel of private attorneys established
by the court. The Defender Services program helps to maintain
public confidence in the Nation's commitment to equal justice
under the law and ensures the successful operation of the
constitutionally based adversary system of justice by which
Federal criminal laws and federally guaranteed rights are
enforced.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $854,204,000.
The recommendation is $8,103,000 above the fiscal year 2008
funding level and $57,204,000 below the budget request.
Panel Attorney Pay Rates.--The Committee has increased the
non-capital panel attorney rate per hour from $100 to $102 as
well as the capital panel attorney rate per hour from $170 to
$174 in fiscal year 2009.
Fees of Jurors and Commissioners
Appropriations, 2008.................................... $63,081,000
Budget estimate, 2009................................... 62,206,000
Committee recommendation................................ 62,206,000
PROGRAM DESCRIPTION
This account provides for the statutory fees and allowances
of grand and petit jurors and for the compensation of jury and
land commissioners. Budgetary requirements depend primarily
upon the volume and the length of jury trials demanded by
parties to both civil and criminal actions and the number of
grand juries being convened by the courts at the request of the
United States Attorneys.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $62,206,000.
The recommendation is $875,000 less than the fiscal year 2008
funding level and consistent with the budget request.
Court Security
(INCLUDING TRANSFERS OF FUNDS)
Appropriations, 2008.................................... $410,000,000
Budget estimate, 2009................................... 439,915,000
Committee recommendation................................ 428,004,000
PROGRAM DESCRIPTION
The Court Security appropriation was established in 1983
and funds the necessary expenses incident to the provision of
protective guard services, and the procurement, installation,
and maintenance of security systems and equipment for United
States courthouses and other facilities housing Federal court
operations, including building access control, inspection of
mail and packages, directed security patrols, perimeter
security provided by the Federal Protective Service, and other
similar activities as authorized by section 1010 of the
Judicial Improvement and Access to Justice Act (Public Law 100-
702).
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $428,004,000.
The recommendation is $18,004,000 above the fiscal year 2008
funding level and $11,911,000 below the budget request.
The Committee recommends funding for new U.S. Marshals
Service positions as well as requested reimbursements to the
Marshals Service.
Administrative Office of the United States Courts
SALARIES AND EXPENSES
Appropriations, 2008.................................... $76,036,000
Budget estimate, 2009................................... 81,959,000
Committee recommendation................................ 79,049,000
PROGRAM DESCRIPTION
The Administrative Office [AO] of the United States Courts
was created in 1939 by an Act of Congress. It serves the
Federal judiciary in carrying out its constitutional mission to
provide equal justice under the law. Beyond providing numerous
services to the Federal courts, the AO provides support and
staff counsel to the Judicial Conference of the United States
and its committees, and implements Judicial Conference policies
as well as applicable Federal statutes and regulations. The AO
is the focal point for communication and coordination within
the judiciary and with Congress, the executive branch, and the
public on behalf of the judiciary.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $79,049,000.
This recommendation is $3,013,000 above the fiscal year 2008
funding level and $2,910,000 below the budget request.
Federal Judicial Center
SALARIES AND EXPENSES
Appropriations, 2008.................................... $24,187,000
Budget estimate, 2009................................... 25,759,000
Committee recommendation................................ 25,468,000
PROGRAM DESCRIPTION
The Federal Judicial Center, located in Washington, DC,
improves the management of Federal judicial dockets and court
administration through education for judges and staff and
research, evaluation, and planning assistance for the courts
and the Judicial Conference. The Center's responsibilities
include educating judges and other judicial branch personnel
about legal developments and efficient litigation management
and court administration. Additionally, the Center also
analyzes the efficacy of case and court management procedures
and ensures the Federal judiciary is aware of the methods of
best practice.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $25,468,000.
The recommendation is $1,281,000 above the fiscal year 2008
funding level and $291,000 below the budget request.
The Committee has included half the funds requested for
both education, research, and technology, as well as education
and training enhancements. The Committee directs the Federal
Judicial Center to keep the Committee apprised of staff brought
on board throughout fiscal years 2008 and 2009.
Judicial Retirement Funds
PAYMENT TO JUDICIARY TRUST FUNDS
Appropriations, 2008.................................... $65,400,000
Budget estimate, 2009................................... 76,140,000
Committee recommendation................................ 76,140,000
PROGRAM DESCRIPTION
The funds in this account cover the estimated future
benefit payments to be made to retired bankruptcy judges and
magistrate judges, claims court judges, and spouses and
dependent children of deceased judicial officers.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $76,140,000
for payments to the Judicial Officers' Retirement Fund and the
Claims Court Judges Retirement Fund. The recommendation is
$10,740,000 above the fiscal year 2008 funding level and
consistent with the budget request.
United States Sentencing Commission
SALARIES AND EXPENSES
Appropriations, 2008.................................... $15,477,000
Budget estimate, 2009................................... 16,257,000
Committee recommendation................................ 16,225,000
PROGRAM DESCRIPTION
The United States Sentencing Commission establishes,
reviews, and revises 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 an appropriation of $16,225,000.
The recommendation is $748,000 above the fiscal year 2008
funding level and consistent with the Judiciary's re-estimate
of fiscal year 2009 requirements.
Administrative Provisions--The Judiciary
The Committee recommends the following administrative
provisions for the judiciary.
Section 301 allows the judiciary to expend funds for the
employment of experts and consultative services.
Section 302 allows the judiciary, subject to the
Committee's reprogramming procedures, to transfer up to 5
percent between appropriations, but limits to 10 percent the
amount that can be transferred into any one appropriation.
Section 303 limits official reception and representation
expenses incurred by the Judicial Conference of the United
States to no more than $11,000.
Section 304 requires the Administrative Office to submit an
annual financial plan for the judiciary within 90 days of
enactment of this act.
Section 305 grants the judicial branch the same tenant
alteration authorities as the executive branch.
Section 306 provides authority for a court security pilot
program.
Section 307 authorizes the Director of the Administrative
Office of the U.S. Courts to pay premium rate increases in the
cost of Federal Employees' Group Life Insurance imposed after
April 24, 1999 for bankruptcy judges and territorial district
court judges, upon reaching age 65, consistent with Article III
judges and magistrate judges, effective January 7, 2008.
Section 308 repeals the sunset provision in Section 407(a)
of Public Law 109-115, making permanent certain contracting
authorities to the Judiciary.
Section 309 amends the Director of the Administrative
Office of the U.S. Courts' authorities with regard to the
expenditure of funds for offender supervision.
Section 310 allows for a salary adjustment for Justices and
judges.
TITLE IV
DISTRICT OF COLUMBIA
Federal Payments
FEDERAL FUNDS
A total of $722,023,000 in Federal funds are estimated to
be available to the District of Columbia government, the
District of Columbia Courts, the District of Columbia Court
Services and Offender Supervision Agency, and other D.C.
entities. This is $112,170,000 above the fiscal year 2008
enacted level and $55,105,000 above the budget request. A total
of $2,177,373,000 in Federal funds will be received by the
District government from the various Federal grant programs,
including Federal reimbursements from such programs as Medicaid
and Medicare.
FEDERAL PAYMENT FOR DISTRICT OF COLUMBIA RESIDENT TUITION SUPPORT
Appropriations, 2008.................................... $33,000,000
Budget estimate, 2009................................... 35,100,000
Committee recommendation................................ 35,100,000
PROGRAM DESCRIPTION
The Resident Tuition Support program was created by the
District of Columbia College Access Act of 1999 (Public Law
106-98), expanded through the District of Columbia College
Access Improvement Act of 2002 (Public Law 107-157), and
amended and reauthorized through Public Law 110-97. This
program provides eligible college-bound District residents the
opportunity to expand their higher education choices.
Under the program, financial assistance is available to
qualified District residents who attend public colleges outside
of the District of Columbia, private postsecondary institutions
in the District of Columbia, Maryland, or Virginia, or any
historically black college or university. The private-school
tuition grants are restricted to nonprofit institutions.
Students who attend public schools receive assistance equal to
the difference between the tuition paid by residents of the
State in which the institution is located and the tuition
charged to nonresident students, with an annual limit of
$10,000 and a lifetime limit of $50,000. Private-school
students receive a $2,500 maximum annual grant, with a lifetime
limit of $12,500.
Since its inception, the program has disbursed over
$160,000,000 for the benefit of over 12,775 District of
Columbia residents. Thirty-eight percent of the grantees are
the first members of their families to attend college.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $35,100,000
for the resident tuition support program, an increase of
$2,100,000 over the fiscal year 2008 enacted level and the same
as the budget request. The Committee understands that the
program will have $200,000 in carryover funds available in
fiscal year 2009. The Committee urges the State Education
Office to continue its efforts to improve the college
graduation rate of program participants. Because program costs
have the potential of growing beyond a level for which
increased Federal funding may be available and sustainable, the
Committee directs the Mayor and the State Education Office to
institute effective cost containment measures and regularly
report to Congress on the effects of these efforts. The
Committee further directs the District to fully explore non-
Federal sources of additional funds to augment the Federal
investment to meet program needs. As specified in Public Law
106-98 which established the program, the Committee directs the
Mayor to address any insufficiency in funding through ratable
reductions and other adjustments or prioritization
considerations based on the income and need of eligible
students.
FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS IN THE
DISTRICT OF COLUMBIA
Appropriations, 2008.................................... $3,352,000
Budget estimate, 2009................................... 15,000,000
Committee recommendation................................ 15,400,000
PROGRAM DESCRIPTION
Due to the fact that the District of Columbia is the seat
of the Federal Government and headquarters of many
international organizations, District police, fire, and
emergency personnel have had to provide security for a number
of events. As the need for the District of Columbia to provide
security increases, overtime costs for personnel escalate and
divert local police from neighborhood patrols. The President
has supported reimbursing the District for these costs.
In addition, the District of Columbia National Guard, under
the exclusive jurisdiction of the President of the United
States, is specifically trained to support law enforcement
during critical missions, such as demonstrations, Presidential
inaugurations and funerals, and emergency services for weather-
related contingencies. The D.C. Air Guard patrols the skies
over the District on round-the-clock alert. However, residency
restrictions preclude a significant number of Guard members
from eligibility for tuition assistance programs, which has
severely hampered recruitment and retention efforts.
COMMITTEE RECOMMENDATION
The Committee recommends a payment of $15,000,000 to the
District of Columbia for the costs of providing public safety
at events related to the presence of the national capital in
the District of Columbia, for the costs of providing support
requested by the United States Secret Service Division in
carrying out their protective duties under the direction of the
Secretary of Homeland Security, and for the costs of providing
support to respond to immediate and specific terrorist threats
or attacks in the District of Columbia or surrounding
jurisdictions.
In addition, the District may use any funds remaining from
prior year appropriations under this heading. The District may
use the payment to cover the costs of Executive transportation
support including motorcades sand helicopter landings. The
Committee directs the Mayor to provide an annual report to the
Committee outlining the purposes and amounts expended using
those funds, with the first report due no later than June 1,
2009.
In addition, the Committee recommends $400,000 for a
tuition assistance program for non-resident District of
Columbia National Guard members. The total funding is
$12,048,000 above the fiscal year 2008 enacted level and
$400,000 above the budget request.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS
Appropriations, 2008.................................... $223,920,000
Budget estimate, 2009................................... 223,920,000
Committee recommendation................................ 251,625,000
PROGRAM DESCRIPTION
Under the National Capital Revitalization and Self-
Government Improvement Act of 1997 (Public Law 105-33, title
XI), the Federal Government is required to finance the District
of Columbia Courts. This Federal payment to the District of
Columbia Courts funds the operations of the District of
Columbia Court of Appeals, Superior Court, the Court System,
and the Capital Improvement Program. Capital improvements
include a complete renovation of the historic Old Courthouse,
as well as design and renovation work on the H. Carl Moultrie I
Courthouse and several other buildings in Judiciary Square. By
law, the annual budget includes estimates of the expenditures
for the operations of the Courts prepared by the Joint
Committee on Judicial Administration and the President's
recommendation for funding the Courts' operations.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment to the District
of Columbia Courts of $251,625,000, which is $27,705,000 above
the fiscal year 2008 enacted level and $27,705,000 above the
President's budget request. This amount includes $13,983,000
for the Court of Appeals, $110,135,000 for the Superior Court,
$57,002,000 for the Court System, and $70,505,000 for capital
improvements to courthouse facilities.
For the District of Columbia Court of Appeals, the
Committee recommendation is $1,353,000 above the President's
recommended funding of $12,630,000, and will permit the Court
of Appeals to make investments in equipment and furniture for
the restored Old Courthouse scheduled to reopen in 2009, and to
provide an increase in public transit subsidy benefits. The
Committee recommendation for the Superior Court of the District
of Columbia is $5,858,000 above the President's recommended
funding of $104,277,000, and will permit the Court to enhance
juvenile probation services through a community-based drop-in
center to supervise youth, enhance services for defendants with
mental illness, and provide a rate increase for court
interpreters. The Committee recommendation for the District of
Columbia Court System is $1,576,000 above the President's
recommended funding of $55,426,000, and will permit the Court
System to enhance juror technology and address human resources
workforce planning in light of the increasing number of
employees eligible for retirement.
The Committee is disappointed that the President's
recommended funding for capital improvements does not
adequately provide for critical renovations and improvements,
particularly in the adult holding facilities and space occupied
by the United States Marshals Service in the H. Carl Moultrie I
Courthouse. The Committee recommendation for capital
improvements provides $18,918,000 above the President's
recommendation of $51,587,000 to address this concern.
The Committee acknowledges that the courts have taken steps
to address concerns about the substandard working conditions of
the United States Marshals Service at the Moultrie Courthouse.
The Committee provides as additional $18,918,000 above the
President's recommendation of $11,000,000 for renovation of the
adult holding facility and the United States Marshals Service
workspace. The Committee urges the District of Columbia Courts
to continue progress on the plan to upgrade the conditions to
an acceptable level. The Committee directs the District of
Columbia Courts to keep the Committee regularly informed on the
status of the renovations, including prompt notification of any
significant cost increases or schedule delays.
DEFENDER SERVICES IN THE DISTRICT OF COLUMBIA COURTS
Appropriations, 2008.................................... $47,975,000
Budget estimate, 2009................................... 47,975,000
Committee recommendation................................ 52,475,000
PROGRAM DESCRIPTION
The District of Columbia Courts appoint and compensate
attorneys to represent persons who are financially unable to
obtain such representation. The Defender Services programs
provide counsel for indigent persons who are charged with
criminal offenses, for family proceedings involving child
abuse, neglect, and termination of parental rights, and for
guardianship proceedings for protection of mentally
incapacitated individuals and minors whose parents are
deceased.
In addition to legal representation, these programs provide
indigent persons with services such as transcripts of court
proceedings, expert witness testimony, foreign and sign
language interpretation, and investigations and genetic
testing.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $52,475,000
for Defender Services in the District of Columbia Courts. This
is $4,500,000 above the fiscal year 2008 enacted level and
$4,500,000 above the budget request.
To promote access to justice and ensure that high quality
legal representation remains available to the indigent in the
District of Columbia Courts, the Committee's recommended
increase provides for a compensation adjustment from $80 to $90
per hour for attorneys appointed to represent persons under the
Criminal Justice Act [CJA], the Counsel for Child Abuse and
Neglect [CCAN] program, and the Guardianship program.
FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER SUPERVISION AGENCY
FOR THE DISTRICT OF COLUMBIA
Appropriations, 2008.................................... $190,343,000
Budget estimate, 2009................................... 202,490,000
Committee recommendation................................ 203,490,000
PROGRAM DESCRIPTION
The Court Services and Offender Supervision Agency [CSOSA]
for the District of Columbia is an independent Federal agency
created by the National Capital Revitalization and Self-
Government Improvement Act of 1997 (Public Law 105-33, title
XI). CSOSA acquired the operational responsibilities for the
former District agencies in charge of probation and parole, and
houses the Pretrial Services Agency within its framework. The
mission of CSOSA is to increase public safety, prevent crime,
reduce recidivism, and support the fair administration of
justice in close collaboration with the community. The CSOSA
appropriation supports the Community Supervision Program which
monitors or supervises approximately 15,000 offenders on a
daily basis and the Pretrial Services Agency which monitors
approximately 5,500 defendants at any given time.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $203,490,000,
which is $13,147,000 above the fiscal year 2008 enacted level
and $1,000,000 above the budget request. The Committee notes
that the increased resources will enable CSOSA to enhance the
information technology capability and resources for the
Community Supervision Program's offender case management system
[SMART] infrastructure and improve critical data sharing with
CSOSA's law enforcement partners. In addition, funds are
provided to enable the Pretrial Services Agency to collaborate
with the District of Columbia Superior Court and the Office of
the Attorney General to address the unique problems and service
requirements of mentally ill and substance abusing arrestees in
misdemeanor and traffic cases.
The Committee is concerned that even with the proposed
budget increase, funding for CSOSA for offender contract
treatment, including substance abuse, halfway-back residential
sanctions, mental health and sex offender assessments, and
transitional housing is constrained.
The Committee is supportive of CSOSA's efforts to
successfully return ex-offenders to their communities. For a
number of years, CSOSA has worked with grassroots, nonprofit
providers of transitional housing, including faith-based
organizations, that offer counseling, mentoring, and life
skills training to men and women returning home from prison.
The Committee notes that this is a model program for the
Nation. The Committee provides an additional $1,000,000 above
the President's request and intends that not less than
$2,000,000 be available to continue and expand this important
work.
FEDERAL PAYMENT TO THE PUBLIC DEFENDER SERVICE FOR THE DISTRICT OF
COLUMBIA
Appropriations, 2008.................................... $32,710,000
Budget estimate, 2009................................... 35,659,000
Committee recommendation................................ 35,659,000
PROGRAM DESCRIPTION
The Public Defender Service [PDS] for the District of
Columbia, an independent organization established by a District
of Columbia statute (16 D.C. Code 2-1601-1608), has a distinct
mission to provide and promote quality legal representation
services within the District of Columbia justice system. PDS
provides legal representation to indigent adults and children
facing loss of liberty and provides support in the form of
training, consultation, and legal reference services to members
of the local bar appointed as counsel in criminal, juvenile,
and mental health cases involving indigent individuals.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment to the Public
Defender Service for the District of Columbia of $35,659,000,
which is $2,949,000 above the fiscal year 2008 enacted level
and the same as the budget request. The increased funding will
support a new case management system as well as costs to secure
space for relocation of the Public Defender Service's Mental
Health Division.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY
Appropriations, 2008.................................... $8,000,000
Budget estimate, 2009................................... 14,000,000
Committee recommendation................................ 16,000,000
PROGRAM DESCRIPTION
Approximately one-third of the District is served by a
combined sewer system, constructed by the Federal Government in
1890, in which both sanitary waste and storm water flow through
the same pipes. When the collection system or the Blue Plains
treatment plant reach capacity, typically during periods of
heavy rainfall, the system is designed to overflow the excess
water. This mixture of sewage and storm water runoff is
discharged to the Anacostia and Potomac Rivers, Rock Creek and
tributary waters between 60 and 75 times each year. Under a
judicial consent decree, the Water and Sewer Authority is
undertaking a 20-year, $2,200,000,000 sewer construction
program to reduce combined sewer overflows [CSO]. The program
includes deep underground storage tunnels, side tunnels to
reduce flooding, pump station rehabilitation, and the
elimination of over a dozen CSO outfalls along the Potomac and
Anacostia Rivers and Rock Creek. When completed in 2025, this
project is expected to vastly improve water quality and
significantly reduce debris in our Nation's capital waterways.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $16,000,000,
to be matched by at least $8,000,000 provided by the Water and
Sewer Authority, to continue implementation of the Long-Term
Combined Sewer Overflow Control Plan. This is an increase of
$8,000,000 above the fiscal year 2008 enacted level and
$2,000,000 above the budget request.
FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING COUNCIL
Appropriations, 2008.................................... $1,300,000
Budget estimate, 2009................................... 1,774,000
Committee recommendation................................ 1,774,000
PROGRAM DESCRIPTION
The Criminal Justice Coordinating Council for the District
of Columbia [CJCC] is the primary forum in which District of
Columbia criminal justice agencies can identify and address
interagency coordination issues. Its mission is to address
coordination difficulties among District of Columbia criminal
justice agencies and address criminal justice issues, such as
drugs, juvenile justice, halfway houses, information
technology, and identification of arrestees. The CJCC was
originally established pursuant to a Memorandum of Agreement in
May 1998 and operates as an independent working group to foster
cooperation among the more than a dozen Federal and local
governmental agencies which have law enforcement responsibility
in our Nation's Capital. As part of a local enactment in August
2001, the CJCC was established as an independent agency within
the District of Columbia.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $1,774,000 to
the Criminal Justice Coordinating Council [CJCC]. This is
$474,000 above the fiscal year 2008 enacted level and the same
as the budget request. The Committee directs the CJCC to submit
annual performance measures in an annual report, which should
also describe progress made on individual CJCC initiatives.
FEDERAL PAYMENT TO THE OFFICE OF THE CHIEF FINANCIAL OFFICER OF THE
DISTRICT OF COLUMBIA
Appropriations, 2008.................................... $5,453,000
Budget estimate, 2009...................................................
Committee recommendation................................ 5,000,000
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $5,000,000 to
the Office of the Chief Financial Officer of the District of
Columbia. This is $453,000 below the fiscal year 2008 enacted
level and $5,000,000 above the budget request. These funds are
for health, education, environmental, social service, and
economic development initiatives in the District of Columbia.
The Committee directs that of this amount, $3,000,000 be
allocated to the Children's National Medical Center in
Washington, DC, as a contribution toward construction of new
and renovated operating rooms and additional procedure rooms to
address the growing demand for pediatric services throughout
the region, meet architectural standards for complex surgical
care, and expand sterile processing space to comply with new
infection control standards.
The Committee directs each grantee of funding under this
account to submit a detailed budget and a comprehensive
description of the activities to be carried out with the funds
no later than March 15, 2009 to the Chief Financial Officer and
the Committees on Appropriations. The Committee further directs
that any funds made available to any grantee under this account
must be spent primarily in the District of Columbia to benefit
District of Columbia residents.
FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT
Appropriations, 2008.................................... $40,800,000
Budget estimate, 2009................................... 54,000,000
Committee recommendation................................ 54,000,000
PROGRAM DESCRIPTION
The Committee continues and enhances a three-sector funding
arrangement to provide resources for the District of Columbia
Public Schools, public charter schools, and for a scholarship
program for low-income students to attend private schools. The
Committee is encouraged by the progress to date to implement
the Mayor's initiative to chart a new management course for the
District's troubled public school system in response to Public
Law 110-33, which vested authority over the school
superintendent, operating budget, and capital program in the
mayor. The Committee acknowledges the daunting challenges this
undertaking presents, given that District of Columbia public
school students chronically perform well below national
averages in reading and mathematics, fewer than half of the
core courses in District schools are taught by teachers who
have earned a degree or passed competency classes in their
subjects, antiquated administrative recordkeeping system falls
woefully short of any reasonable standards, and school
buildings throughout the city suffer from disrepair, including
hazardous defects, and delays of months or even years for
necessary repairs.
Public charter schools in the District of Columbia have
grown considerably since the first two opened in 1996 and
served 160 students. Today, there are 55 tuition-free,
autonomous public charter schools on 82 campuses operating in
the District, enrolling approximately 22,000 students, 30
percent of all District of Columbia public school students. The
District of Columbia School Reform Act of 1995 (Public Law 104-
134), one of the strongest charter school laws in the Nation,
guarantees charter school autonomy from the District of
Columbia Public Schools and from the District government and
mandates uniform per student funding of all public school
students, both traditional and charter.
Congress established the private school scholarship program
as a 5-year pilot in 2003. The intent of this program, operated
by the Washington Scholarship Fund under a grant from the
Department of Education, is to help increase the District of
Columbia's capacity to provide parents, particularly low-income
parents whose children attend low-performing schools, more
options for quality education. In school year 2007-2008, over
1,900 students participated in the program at 54 non-public
schools.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $54,000,000,
which is $13,200,000 above the fiscal year 2008 enacted level
and the same as budget request. These funds are allocated as
follows: $20,000,000 for the District of Columbia Public
Schools to improve public school education; $20,000,000 to
expand quality charter schools; and $14,000,000 to the
Secretary of Education for opportunity scholarships for low-
income students in the District of Columbia, $1,000,000 of
which may be used for administrative expenses. The Committee
believes that any school enrolling a scholarship participant
should satisfy certain minimum reasonable expectations as an
educational setting. Therefore, the Committee expressly
provides that none of the funds provided for opportunity
scholarships shall be used by an eligible student to enroll in
any participating school under the D.C. School Choice Incentive
Act of 2003 unless (1) the participating school has and
maintains a valid certificate of occupancy issued by the
District of Columbia; and (2) the core subject matter teachers
of the eligible students hold 4-year bachelor's degrees.
The Committee emphasizes that the authorization for the
private scholarship program expires on September 30, 2008.
Accordingly, the Committee directs that funds provided for the
scholarship program shall be used for currently enrolled
participants rather than new scholarship applicants. The
Committee is particularly sensitive to the potential impact of
disrupting students' educational settings without reasonable
notice. Therefore, the Committee does not eliminate funding for
fiscal year 2009 but makes abundantly clear its intent that use
of any funds in this act or any other act for opportunity
scholarships after school year 2009-2010 shall only be
available upon enactment of reauthorization of that program by
Congress and the adoption of legislation by the District of
Columbia approving such reauthorization. The Committee expects
the Chancellor of the District of Columbia Public Schools to
promptly take steps to ensure smooth transition for any
students seeking enrollment in the public school system as a
result of any changes made to the private scholarship program.
The Committee is aware that seven of the participating
private schools have recently closed but have been approved to
reopen as public charter schools for school year 2008-2009.
These schools enrolled several hundred students, many of whom
received scholarships through the Federal program. The
Committee notes that potentially 600 private school students
will become public charter students in the fall of 2008 which
imposes an estimated additional $7,000,000 impact on the
District's local budget and demand on the uniform per pupil
funding. In recognition of these circumstances, the Committee
recommends an increase of $2,000,000 above the $18,000,000
requested for the public charter school Federal funding
segment.
In November 2007, the Government Accountability Office
[GAO] detailed several program shortcomings in some of the
participating schools in the scholarship program, including
unsuitable learning environments, teachers without bachelor's
degrees, and lack of occupancy permits. GAO also cited concerns
about the sufficiency of financial controls and management
issues, including failure to determine accreditation of
participating schools. A federally mandated evaluation of the
program is being conducted by the Department of Education's
Institute of Education Sciences [IES]. Results assessing the
overall impact of the program after the first 2 years of
implementation, released by IES in June 2008, reflect that
student test scores in reading and math showed no statistically
significant difference between voucher students and non-voucher
students; reading scores were slightly higher for students from
three subgroups of the voucher program consisting of students
who were already achieving at a higher level or had previously
attended better schools; and the program had a positive impact
on parents' perception of safety and satisfaction.
The Committee supports the District's proposed use of the
funds for public charter schools facilities, school-level
grants to improve academic performance, and the replication of
existing high-quality charter school programs to expand the
supply of high-quality public charter schools in the District.
The Committee directs the District to submit a detailed budget
proposal outlining specific activities no later than 60 days
after enactment of this act. The Committee is concerned about
the diminishing availability of Federal funding for public
charter schools and is pleased to provide these additional
funds to augment the public charter schools in the District.
Over the years, public charter schools have moved into and
revitalized 14 former District of Columbia Public School [DCPS]
school buildings that otherwise would have been developed into
condominiums or used for other commercial purposes. These
buildings, including several historic structures, often long-
abandoned and severely blighting neighborhoods, have been
converted to public charter schools. The Committee expects the
Mayor to implement the District of Columbia School Reform Act
of 1995 (Public Law 104-134) with regard to the many DCPS
school buildings that were closed at the end of the 2007-2008
school year. Under that law, the District's public charter
schools are to be given the right of first offer on former DCPS
school buildings that are slated to be sold, leased,
transferred, or used in a new way. The Committee is concerned
that since enactment of the 1995 act, the right of first offer
requirement has not been consistently followed.
FEDERAL PAYMENT FOR CONSOLIDATED LABORATORY FACILITY
Appropriations, 2008.................................... $5,000,000
Budget estimate, 2009................................... 5,000,000
Committee recommendation................................ 21,000,000
PROGRAM DESCRIPTION
The District's forensics laboratory capacity has not kept
pace with the innovations in the field and is therefore unable
to meet the demands of the current workload. As a result, the
District is forced to seek help from the FBI crime laboratory
in Quantico, Virginia. Because the FBI has its own workload
capacity, it strictly limits the evidence it will process for
the District in violent crime cases. The lack of capacity and
outmoded technology have led to many so-called ``cold'' or
unsolved crime cases in the District. The District of Columbia
Metropolitan Police Department has a backlog of thousands of
sexual assault and homicide cases, and the volume continues to
grow. A new comprehensive laboratory, housing both anti-
terrorism and criminal forensic components under one roof, will
not only allow the District to more effectively and efficiently
process crime cases, but it will be an essential element in
processing evidence associated with potential bioterrorism
attacks.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $21,000,000
for costs associated with the construction of a new
comprehensive laboratory facility in the District of Columbia.
This is $16,000,000 above the fiscal year 2008 enacted level,
and $16,000,000 above the budget request. The Committee
believes that enhanced funding will help avoid schedule delays
and escalating construction costs and expedite completion of
this vital project. The Committee directs that this Federal
payment be equally matched with local funds.
FEDERAL PAYMENT TO JUMP START PUBLIC SCHOOL REFORM
Appropriations, 2008....................................................
Budget estimate, 2009................................... $20,000,000
Committee recommendation................................ 20,000,000
PROGRAM DESCRIPTION
With the enactment of Public Law 110-33 providing the Mayor
of the District of Columbia with authority over the budget and
administrative functions of the District of Columbia school
system, the District of Columbia has launched an aggressive and
comprehensive reform of its failing public school system. Under
the direction of the Chancellor of the District of Columbia
Public Schools, a multitude of critical initiatives are
underway. A one-time Federal contribution toward those efforts
will support the recruitment and training of principals and
other school leaders; the development of optimal school
programs; and the enhancement of the District's data reporting
capabilities.
COMMITTEE RECOMMENDATION
The Committee recommends a one-time Federal payment of
$20,000,000 to jump start public school reform in the District
of Columbia. This is an increase of $20,000,000 above the
fiscal year 2008 enacted level and the same as the budget
request.
The funds include $3,500,000 to support the recruitment,
development and training of principals and other school
leaders; $7,000,000 to develop optimal school programs and
intervene in low performing schools; $7,500,000 for a
customized data reporting and accountability system on student
performance as well as increased outreach and training for
parents and community members; and $2,000,000 to support data
reporting requirements associated with the District of Columbia
Public Schools' teacher incentive program. This one-time
payment is in addition to funds provided through the ``Federal
Payment for School Improvement'' account within this title.
FEDERAL PAYMENT FOR CENTRAL LIBRARY AND BRANCH LOCATIONS
Appropriations, 2008.................................... $9,000,000
Budget estimate, 2009................................... 7,000,000
Committee recommendation................................ 7,000,000
PROGRAM DESCRIPTION
The District's libraries are in a state of significant
disrepair and are poorly equipped. The adult illiteracy rate in
the District of Columbia is 37 percent. In many major
metropolitan areas around the country, new libraries have
revitalized many distressed neighborhoods. A Blue Ribbon Task
Force of local and national experts recommended the creation of
a state-of-the-art library system to add multi-lingual support,
hundreds of new computers with broadband technology, and deep
reference materials and children's programs.
The District of Columbia Public Library is undergoing a
transformation that includes services, programs, collections,
and buildings. The Library is in the process of rebuilding four
neighborhood libraries--Anacostia, Benning, Tenley-Friendship,
and Watha T. Daniel/Shaw. Old buildings have been razed and
library services are being provided by interim facilities in
the four neighborhoods. Construction of the new state-of-the-
art libraries is scheduled to begin in late summer 2008 and
expected to be completed by the end of 2009 in order to open to
the public in the spring of 2010.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $7,000,000 as
a Federal contribution toward the costs associated with the
renovation and rehabilitation of District of Columbia
libraries. This is $2,000,000 below the fiscal year 2008
enacted level and the same as the budget request.
The Committee is pleased that the District library system
is beginning a long-needed, multi-year facilities modernization
project, with four new libraries under construction, and
investing in literacy initiatives that will complement and
support the Mayor's education reform agenda.
FEDERAL PAYMENT TO REIMBURSE THE FEDERAL BUREAU OF INVESTIGATION
Appropriations, 2008.................................... $4,000,000
Budget estimate, 2009................................... 5,000,000
Committee recommendation................................................
PROGRAM DESCRIPTION
Due to lack of capacity at its laboratory, the District of
Columbia has relied on the services of the Federal Bureau of
Investigations [FBI] to perform evidence examination and
analysis in criminal cases to help process backlogged cases and
help solve cold cases. Nearly one third of the FBI's lab
analytical capacity at its Quantico facility is dedicated to
the local needs of the District of Columbia.
COMMITTEE RECOMMENDATION
The Committee does not recommend a Federal payment for
fiscal year 2009 to the District of Columbia to reimburse the
Federal Bureau of Investigation [FBI] for laboratory services
for District of Columbia cases. This is $4,000,000 below the
fiscal year 2008 enacted level, and $5,000,000 below the budget
request. In fiscal year 2008, the funds provided under this
heading were made available until September 30, 2010 for the
purposes of paying costs incurred by the FBI for evidence
examination and subsequent DNA analysis for the District of
Columbia cold case DNA backlog, expansion of resources
dedicated to the processing of District of Columbia cases,
including an increase in personnel, after October 1, 2007, and
data entry and analysis for District of Columbia cold cases.
The Committee believes that instead of providing further
funding for reimbursement of the FBI which lacks extra in-house
capacity to handle additional District of Columbia cases and
would need to outsource the work, it is preferable to provide
additional funds to the District of Columbia for laboratory
construction. Under the heading ``Federal Payment for
Consolidated Laboratory Facility'' in this title, the Committee
recommends an enhanced Federal contribution toward the
construction of a consolidated forensics laboratory facility.
When fully operational, this critical public safety enhancement
will eliminate the District of Columbia's dependency on the FBI
to evaluate evidence and conduct forensic analysis in local
criminal matters.
FEDERAL PAYMENT TO THE EXECUTIVE OFFICE OF THE MAYOR OF THE DISTRICT OF
COLUMBIA
Appropriations, 2008.................................... $5,000,000
Budget estimate, 2009...................................................
Committee recommendation................................ 3,500,000
COMMITTEE RECOMMENDATION
The Committee provides $3,500,000 as a Federal payment to
the Executive Office of the Mayor of the District of Columbia
to enhance the quality of life for the District's residents.
The Committee intends that of this amount, $1,250,000 shall be
available to the District of Columbia as Federal matching funds
to temporarily continue benefits for low-income couples who
decide to marry. Most low-income couples lose Federal benefits
such as Medicaid, TANF, SCHIP, and food stamps when they marry
because their incomes are too high to continue to qualify for
benefits. The loss of benefits is a strong disincentive to
marriage and is one reason why the nationwide marriage rate
among couples in the bottom quintile of income is less than 18
percent.
Funds provided in the bill will be available to match up to
75 percent of every dollar that the Mayor uses to provide
payments to newly-married couples to make up for the loss of
Federal benefits. The Committee notes that the Mayor can use
TANF funds for this purpose. The Committee further notes that
the Department of Health and Human Services' Administration for
Children and Families has designed a marriage penalty
calculator that social services caseworkers can use to
calculate a couple's marriage penalty.
The Committee believes that newly-married couples should
not lose benefits for a period of 3 years. During this period,
couples will have the opportunity to realize the economic
benefits of marriage and stabilize their financial situation
before Government benefits cease.
The Committee further intends that $2,250,000 of the amount
shall be to continue Marriage Development Accounts in the
District of Columbia. The Committee directs that these funds be
distributed to the partnership comprised of the National Center
for Fathering, LifeSTARTS (formerly the East Capitol Center for
Change), and the Capital Area Asset Building Corporation for
continuation of the Marriage Development Accounts/Pre-Marriage
Development Accounts and the Together is Better Campaign
Demonstration Program in the District of Columbia.
Marriage Development Accounts [MDAs], which offer low-
income married or engaged couples the opportunity to save for
the purchase of a home, to start a business, or to pay for
post-secondary education or job training for themselves or
their children. Couples must meet income and asset requirements
to qualify for an MDA. Participating couples have a high
incentive to save because their contributions will be matched
at a ratio of 3:1 by the Federal Government and partnering
private institutions.
Using Federal funds, community-based organizations provide
participating couples with financial counseling, couples'
mentoring, couples' counseling, and relationship training.
These organizations also reach out to the community through a
media campaign and by hosting informational events and ``family
fun days'' in neighborhood churches, civic centers, and parks.
The Committee directs the Mayor to submit a detailed
spending plan, including performance measures, before these
funds may be expended. The Committee requests that the Mayor
provide this plan within 30 days of the enactment of this act.
The Committee further directs the Mayor to submit a progress
report on activities conducted no later than June 1, 2009, and
a final report, including a detailed description of outcomes
achieved, no later than February 1, 2010.
DISTRICT OF COLUMBIA LOCAL OPERATING BUDGET
The Committee recommends a total of $10,011,231,000 for the
operating expenses of the District of Columbia as contained in
the fiscal year 2009 budget submitted to the Congress by the
Government of the District of Columbia on June 9, 2008. Of the
total, $6,203,795,000 is from local funds, $2,177,337,000 is
from Federal grant funds, $1,623,754,000 is from other funds,
and $6,310,000 is from private funds. The Committee directs
that any changes to the financial plan as submitted by the
District must follow the reprogramming guidelines.
TITLE V
INDEPENDENT AGENCIES
Christopher Columbus Fellowship Foundation
Appropriations, 2008.................................... $1,000,000
Budget estimate, 2009...................................................
Committee recommendation................................ $1,000,000
PROGRAM DESCRIPTION
The Christopher Columbus Fellowship Foundation is an
independent agency established by Congress in 1992 (Public Law
102-281) to encourage and support research, study, and labor
designed to produce new discoveries in all fields of endeavor
for the benefit of mankind. Its mission is accomplished through
the sponsorship of national competitions designed to recognize
and award cutting-edge innovation in the fields of homeland
security, life sciences, and education. During its 15-year
existence, the Foundation has awarded approximately $7,600,000
to worthy American scientists, student inventors, and exemplary
teachers who inspire despite especially challenging educational
environments or personal physical disabilities.
The Committee acknowledges that initial funding for the
Christopher Columbus Fellowship Foundation was derived from the
sale of three denominations of specially minted coins sold by
the United States Mint from August 1992 through June 1993.
Revenues from the coin sales surcharges were deposited in the
Christopher Columbus Fellowship Fund at the Department of the
Treasury, and made available to the Foundation. The Committee
understands the funds are nearly depleted. Congress provided
the Christopher Columbus Fellowship Foundation with $600,000 in
appropriated funds for fiscal year 2008.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $1,000,000 for
the Christopher Columbus Fellowship Foundation. This is
$400,000 above the fiscal year 2008 enacted level and
$1,000,000 above the budget request.
Commodity Futures Trading Commission
Appropriations, 2008.................................... $111,266,000
Budget estimate, 2009................................... 130,000,000
Committee recommendation................................ 157,000,000
PROGRAM DESCRIPTION
The Commodity Futures Trading Commission [CFTC] was
established as an independent agency by the Commodity Futures
Trading Commission Act of 1974 (88 Stat. 1389; 7 U.S.C. 4a).
The Commission administers the Commodity Exchange Act, 7
U.S.C. section 1, et seq. The 1974 Act brought under Federal
regulation futures trading in all goods, articles, services,
rights, and interests; commodity options trading; and leverage
trading in gold and silver bullion and coins; and otherwise
strengthened the regulation of the commodity futures trading
industry. It established a comprehensive regulatory structure
to oversee the volatile futures trading complex.
The CFTC is the sole Federal regulator responsible for
overseeing the futures markets by encouraging competitiveness
and efficiency, ensuring market integrity, and protecting
market participants against manipulation, abusive trading
practices, fraud, and other unscrupulous activities. Effective
oversight by the CFTC enables the markets to better serve their
designated functions of providing a price discovery mechanism
and a means to offset price risk.
Programs in support of the overall mission include market
surveillance analysis and research; registration, audits, and
contract markets; enforcement; reparations; proceedings; legal
counsel; agency direction; and administrative support services.
CFTC activities are carried out in Washington, DC and in
regional offices located in Chicago, New York City, and Kansas
City.
The enacted 2008 farm bill (Public Law 110-234)
reauthorized the CFTC and made several amendments to the
Commodity Exchange Act to (1) clarify the CFTC's jurisdiction
over retail financial contracts based on foreign currencies;
(2) make the CFTC's anti-fraud authority applicable to certain
off-exchange or over-the-counter derivatives contracts; (3)
increase civil monetary and criminal penalties for violations;
(4) permit cross-margining of accounts in security futures and
options; and (5) establish CFTC regulation over certain
exchange-like trading facilities that are currently exempt from
most regulation.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $157,000,000
to support 596 FTEs for the Commodity Futures Trading
Commission. This is $27,000,000 above the budget request, and
$45,734,000 above the fiscal year 2008 enacted level. The
Committee supports the need for significantly increased
resources for the CFTC to ensure appropriate oversight of the
futures markets, which are expanding steadily in volume and new
users, and rapidly evolving in their complexity and diversity.
The Committee further acknowledges the need for CFTC to make
mission-critical investments in technology.
In the past decade, trading volume has increased more than
10-fold--reaching well over 3 billion trades in 2007, and
actively traded contracts have quintupled--from 258 in 1997 to
1,540 in 2007. Approximately $5,000,000,000,000 of notional
transactions flow through U.S. exchanges and clearing houses
daily. Despite this phenomenal surge in activity, CFTC staffing
levels have not kept pace, and in fact, have dropped 21
percent. The globalized, electronic, and round-the-clock nature
of the marketplace and the emergence of derivatives and hedge
funds have transformed the regulatory environment.
New authorities recently added through enactment of the
2008 farm bill (Public Law 110-234), coupled with escalating
public concern about record energy and agricultural commodity
prices, and compounded by a growing influx of financial funds
into the futures markets, make the CFTC's staffing situation
unsustainable. These combined factors underscore the importance
of the Committee's recommended funding increase.
The Committee directs the CFTC to devote the additional
resources provided to promptly implementing the CFTC's new
responsibilities as mandated in the 2008 farm bill and to
conducting aggressive market surveillance and oversight in the
energy arena and enhancing the collection, timeliness, and
transparency of information, particularly with respect to index
traders and swap dealers in the energy markets.
Consumer Product Safety Commission
salaries and expenses
Appropriations, 2008.................................... $80,000,000
Budget estimate, 2009................................... 80,000,000
Committee recommendation................................ 95,000,000
program description
The Commission is an independent regulatory agency that was
established on May 14, 1973, and is responsible for protecting
the public against unreasonable risks of injury from consumer
products; assisting consumers to evaluate the comparative
safety of consumer products; developing uniform safety
standards for consumer products and minimizing conflicting
State and local regulations; and promoting research and
investigation into the causes and prevention of product-related
deaths, illnesses, and injuries.
In carrying out its mandate, the Commission establishes
mandatory product safety standards, where appropriate, to
reduce the unreasonable risk of injury to consumers from
consumer products; helps industry develop voluntary safety
standards; bans unsafe products if it finds that a safety
standard is not feasible; monitors recalls of defective
products; informs and educates consumers about product hazards;
conducts research and develops test methods; collects and
publishes injury and hazard data, and promotes uniform product
regulations by governmental units.
committee recommendation
The Committee recommends $95,000,000 for the Consumer
Product Safety Commission, which is $15,000,000 above the
fiscal year 2008 funding level and $15,000,000 above the budget
request.
Of the additional funding provided, $9,400,000 shall be for
the creation of a database for consumer complaints, and
$5,600,000 shall be for staffing, including for the Office of
the Inspector General and for potential new rulemakings, as
well as a Regional Product Safety Officer and a Foreign Service
National to be based out of the U.S. Embassy in Beijing,
Peoples' Republic of China to better enable the CPSC to
aggressively promote compliance with U.S. product safety
standards, requirements, and expectations by Chinese and other
Asian governments, manufacturers, and exporters.
Infant Crib Safety.--The Committee is aware that current
regulations concerning infant crib safety do not require that
cribs be tested to determine durability. As a result, crib
collapses have occurred that may have been prevented had the
cribs been durability-tested. In addition, CPSC does not
require crib manufacturers to warn consumers about using soft
bedding in cribs, which can cause infant suffocation. The
Committee directs CPSC to consider promulgating regulations
that require cribs to be durability-tested and contain warning
labels against the use of soft bedding.
Election Assistance Commission
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2008.................................... $16,530,000
Budget estimate, 2009................................... 16,679,000
Committee recommendation................................ 16,679,000
PROGRAM DESCRIPTION
The Election Assistance Commission [EAC] was created by the
Help America Vote Act of 2002 [HAVA] (Public Law 107-252).
Under HAVA, the EAC's role is to promulgate voluntary State
guidelines for election systems, develop a national
certification program for voting equipment, and provide related
guidance. The EAC is also charged with awarding grants to
improve election administration and to enhance election
equipment.
COMMITTEE RECOMMENDATION
The Committee provides $16,679,000 for EAC's administrative
expenses, which is $149,000 more than the fiscal year 2008
enacted level and the same as the budget request. The
accompanying bill provides $4,000,000 of these funds for
transfer to the National Institute for Standards and Technology
for technical assistance related to the development of
voluntary State voting systems guidelines.
Federal Communications Commission
SALARIES AND EXPENSES
Appropriations, 2008.................................... $313,000,000
Budget estimate, 2009................................... 338,875,000
Committee recommendation................................ 341,875,000
PROGRAM DESCRIPTION
The Federal Communications Commission [FCC] is charged with
regulating interstate and international communications by
radio, television, wire, satellite, and cable. The FCC is also
charged with promoting the safety of life and property through
wire and radio communications. The mandate of the FCC under the
Communications Act is to make available to all people of the
United States a rapid, efficient, nationwide, and worldwide
wire and radio communication service. The FCC performs five
major functions to fulfill this charge: spectrum allocation,
creating rules to promote fair competition and protect
consumers where required by market conditions, authorization of
service, enhancing public safety and homeland security, and
enforcement.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $341,875,000 for the
salaries and expenses of the Federal Communications Commission
[FCC], of which $341,875,000 is to be derived from the
collection of fees. The recommendation is $28,875,000 above the
fiscal year 2008 enacted level and $3,000,000 above the budget
request.
The Committee provides funding to support the FCC's
continued efforts in facilitating the nationwide transition of
broadcast television signals from analog to digital on February
17, 2009. The Committee is concerned that many viewers may not
be adequately prepared for the transition. The Committee
directs the FCC to continue collaborating with the National
Telecommunications and Information Administration, other
Government agencies, and in particular broadcasters and other
private sector entities involved in the effort to ensure a
smooth transition.
The Committee has provided $3,000,000 for a competitive
grant program for State broadband data and development (section
503). The Committee believes that access to high-speed Internet
service is a critical element of infrastructure affecting
economic development, health, education, and competitiveness.
Recipients shall be non-profit entities, contribute non-Federal
matching funds of not less than 20 percent, and demonstrate the
capability to work with State agencies and private sector
partners. Funding shall be used to establish local technology
planning teams, create programs to improve computer ownership
and Internet access for unserved and underserved populations,
and create a geographic inventory map of broadband service to
identify gaps in such service at the census block level.
Broadcast Television Standards.--The Committee continues to
be concerned about the declining standards of broadcast
television and the impact this decline is having on America's
children. Overall sexual content, foul language, and violence
have greatly increased over the past decade. The Committee
directs the FCC to continue to report to Congress on the issues
associated with resurrecting a broadcast industry code of
conduct for content of programming that, if adhered to by the
broadcast industry, would protect against the further erosion
of broadcasting standards.
Universal Service Fund.--The Committee notes that the
Congress established the Universal Service Fund [USF] in 1996
to help provide communities across the country with affordable
telecommunications services. FCC delegated the management of
the USF to the Universal Service Administrative Company [USAC].
USAC administers USF programs for high cost companies serving
rural areas, low-income consumers, rural health care providers,
and schools and libraries.
The Committee is concerned about the FCC's lack of proper
oversight over the USF programs. For example, according to the
Government Accountability Office [GAO], the schools and
libraries and rural health programs have experienced problems
with waste, fraud, and abuse. The FCC's Inspector General [IG]
has reported that the schools and libraries program has a
payment error rate of 13 percent, the high cost program has an
error rate of 16.6 percent, and the rural health care program
has a payment error rate of 20 percent, far exceeding the
government-wide average payment error rate of 3 percent and the
2.5 percent threshold that the Office of Management and Budget
sets for a program to be ``at-risk.'' The Committee is
concerned that management oversight by FCC and USAC has not
addressed these improper payment rates.
The Committee recommendation includes $25,480,000 for the
FCC's IG to conduct limited audits of USF, an increase of
$4,000,000 over the amount provided for fiscal year 2008.
Audits should focus on all USF programs, including the high
cost program, schools and libraries program, and the rural
health care program. The Committee directs the FCC to follow
the recommendations of both the IG and the GAO and to assume
greater managerial control over these important programs,
including improvement of the improper payment rates.
Radio and Television Broadcasts on School Buses.--The
Committee directs the Commission to issue a report to the
Committee on Appropriations and the Committee on Commerce,
Science, and Transportation within 180 days of enactment on
commercial proposals for broadcasting radio or television
programs for reception onboard specially-equipped school buses
operated by, or under contract with, local public educational
agencies. The study shall examine the nature of the material
proposed to be broadcast and whether it is age appropriate for
the passengers; the amount and nature of commercial advertising
to be broadcast; and whether such broadcasts for reception by
public school buses are in the public interest.
First Responder Networks on the Northern Border.--The
Committee is concerned that emergency personnel and first
responders along the northern border have had difficulty
securing licenses for the appropriate communications frequency
from the Commission. The Committee directs the Commission to
work with Canadian officials and applicants to devise a
strategy for ensuring that licensing along the northern border
proceeds without delay. The Committee directs the Commission,
in coordination with the Department of Homeland Security, to
issue a report to the Committee on Appropriations no later than
270 days after enactment that evaluates the Federal guidance
provided to States working to establish interoperable first
responder communications networks, describes the degree to
which the guidance is coordinated with the Canadian Government,
and identifies methods to avoid future coordination problems.
The Committee has included language (sec. 501) to extend
FCC's exemption from the Anti-deficiency Act [ADA] until
December 31, 2009. The ADA contains accounting rules which
would derail the operation of the FCC's universal service
electronic rate program. Requiring the FCC to adhere to the ADA
would result in the disruption of payments to schools and
libraries for broadband services.
The Committee has included language (sec. 502) that
prohibits the FCC from enacting certain recommendations
regarding universal service that were made to it by the Joint
Board of FCC members and State Utility Commissioners. The
recommendation would limit universal support to one line. This
would be harmful to small businesses, especially in rural
areas, which need a second line for a fax or for other business
purposes.
Federal Deposit Insurance Corporation
OFFICE OF INSPECTOR GENERAL
Appropriations, 2008.................................... ($26,848,000)
Budget estimate, 2009................................... (27,495,000)
Committee recommendation................................ (27,495,000)
PROGRAM DESCRIPTION
The FDIC Office of Inspector General conducts audits,
investigations, and other reviews to assist and augment the
FDIC's contribution to the stability of, and public confidence
in, the Nation's financial system. A separate appropriation
more effectively ensures the OIG's independence consistent with
the Inspector General Act of 1978 and other legislation.
COMMITTEE RECOMMENDATION
The Committee recommends $27,495,000 for the FDIC inspector
general, the same as the budget request and $647,000 more than
the fiscal year 2008 enacted level. Funds are to be derived by
transfer from the Deposit Insurance Fund and the FSLIC
resolution fund.
Federal Election Commission
SALARIES AND EXPENSES
Appropriations, 2008.................................... $59,224,000
Budget estimate, 2009................................... 63,618,000
Committee recommendation................................ 63,618,000
PROGRAM DESCRIPTION
The Federal Election Commission [FEC] was created through
the 1974 Amendments to the Federal Election Campaign Act of
1971 (Public Law 93-443). Consistent with its duty of executing
our Nation's Federal campaign finance laws, and in pursuit of
its mission of maintaining public faith in the integrity of the
Federal campaign finance system, FEC conducts three major
regulatory programs: (1) providing public disclosure of funds
raised and spent to influence Federal elections; (2) enforcing
compliance with restrictions on contributions and expenditures
made to influence Federal elections; and (3) administering
public financing of Presidential campaigns.
COMMITTEE RECOMMENDATION
The Committee recommends $63,618,000 for the Federal
Election Commission, which is the same as the budget request
and $4,394,000 more than the fiscal year 2008 enacted level.
The Committee directs the Commission to report to the
Committee on Appropriations no later than 270 days following
enactment an assessment of the feasibility, including estimates
of cost, time, and personnel required, to gather and make
public data regarding the media expenditures of Federal
campaigns.
Federal Labor Relations Authority
SALARIES AND EXPENSES
Appropriations, 2008.................................... $23,641,000
Budget estimate, 2009................................... 22,674,000
Committee recommendation................................ 22,674,000
PROGRAM DESCRIPTION
The Federal Labor Relations Authority [FLRA] is an
independent administrative Federal agency created by title VII
of the Civil Service Reform Act of 1978 (Public Law 95-454)
with a mission to carry out five statutory responsibilities:
(1) determining the appropriateness of units for labor
organization representation; (2) resolving complaints of unfair
labor practices; (3) adjudicating exceptions to arbitrator's
awards; (4) adjudicating legal issues relating to the duty to
bargain; and (5) resolving impasses during negotiations.
The FLRA's authority is divided by law and by delegation
among a three-member authority and an Office of General
Counsel, appointed by the President and subject to Senate
confirmation; and the Federal Service Impasses Panel, which
consists of seven part-time members appointed by the President.
In addition, the FLRA is engaged in case-related
interventions, training and facilitation of labor-management
partnerships, and resolving disputes. FLRA promotes labor-
management cooperation by providing training and assistance to
labor organizations and agencies on resolving disputes,
facilitates the creation of partnerships, and trains the
parties on rights and responsibilities under the Federal Labor
Relations Management statute.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $22,674,000
for the Federal Labor Relations Authority. This amount is the
same as the budget request and $967,000 below the fiscal year
2008 enacted level.
The Committee directs the FLRA to issue a report to the
Committee on Appropriations within 90 days after enactment on
all activities, including cost, that the FLRA has taken in the
previous 24-month period regarding the integration and upgrade
of information technology systems.
Federal Trade Commission
SALARIES AND EXPENSES
Appropriations, 2008.................................... $243,864,000
Budget estimate, 2009................................... 256,200,000
Committee recommendation................................ 256,200,000
PROGRAM DESCRIPTION
The Federal Trade Commission [FTC] administers a variety of
Federal antitrust and consumer protection laws. Activities in
the antitrust area include detection and elimination of illegal
collusion, anticompetitive mergers, unlawful single-firm
conduct, and injurious vertical agreements. The FTC regulates
advertising practices, service industry practices, marketing
practices, and credit practices as it addresses fraud and other
consumer concerns.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $256,200,000. The
recommendation is $12,336,000 above the fiscal year 2008
enacted level and the same as the budget request.
Of the amounts provided, $168,000,000 is from Hart-Scott-
Rodino pre-merger filing fees and $19,300,000 is from Do-Not-
Call fees. The total amount of direct appropriations for this
account is therefore $68,900,000. The Committee notes that this
change reflects a net increase in offsetting fee collection
receipts since last year.
Do-Not-Call Initiative.--The recommendation includes
$19,300,000 for the FTC Do-Not-Call initiative and
implementation of the Telemarketing Sales Rule [TSR], of which
the entire amount is to be derived from the collection of fees.
The Do-Not-Call initiative was launched pursuant to the FTC's
amended TSR to establish a national database of telephone
numbers of consumers who choose not to receive telephone
solicitations from telemarketers. The Do-Not-Call initiative
has received broad support from, and will provide significant
benefits to, consumers from all corners of the United States.
Gas and Diesel Prices.--The activities of the Commission
include review of mergers, acquisitions, and other transactions
within the oil and natural gas industries and investigation of
potential anticompetitive behaviors in those industries. The
Committee is seriously concerned about the rapid rise in gas
and diesel prices. The Committee is pleased that the Commission
continues to monitor fuel prices on a day-to-day basis, and is
encouraged that the agency has initiated a broader-scale
investigation based on recent price spikes. The Committee is
also pleased to see that the Commission has initiated a
rulemaking to prohibit market manipulation in the petroleum
industry pursuant to the Energy Independence and Security Act
of 2007 (Public Law 110-140). The Committee is encouraged by
the Commission's goal to have a rulemaking in place by the end
of calendar year 2008. The Committee directs the Commission to
keep the Committee apprised of findings made regarding fuel
prices and other planned activities and investigations
regarding the oil and gas industries.
Subprime Lending.--The Committee is concerned about the
role that deceptive and misleading practices in the financial
services industry have played in to the recent housing crisis.
American consumers should expect, at a minimum, clear and
reliable information from the financial services industry in
order to make prudent financial decisions. This should
especially be a concern for mortgage brokers, loan servicers,
and other lending services, as two-thirds of Americans make
their largest investment in their homes. The Committee is
pleased that the Commission has been actively participating in
the rulemaking process conducted by the Federal Reserve Board
under the Truth in Lending Act and the Home Ownership Equity
Protection Act and directs the Commission to continue to focus
enforcement efforts in the area of subprime lending.
Childhood Obesity.--The Committee has included $250,000 for
the Commission to establish a Study Commission on Food Marketed
to Children (Study Commission). The Study Commission shall
study and provide recommendations for a common approach to
standards and categories for marketing and labeling of the
nutritional quality of foods that are oriented to, or represent
a significant dietary component for, children and youth. The
Commission shall work in cooperation with the Food and Drug
Administration and the Centers for Disease Control and
Prevention in this effort. The Study Commission should be
composed of nine members appointed through consultation among
the three agencies, with appropriate scientific expertise and
experience in child nutrition, child health, psychology,
education, marketing, and other relevant fields. The Study
Commission should develop nutrition standards for foods and
beverages appropriate for labeling and marketing foods that
represent a significant element of children's diets. These
standards should consider: (1) both positive and negative
contributions of nutrients, ingredients, and food (including
calories, portion size, saturated fat, trans fat, sodium, and
added sugars, and the presence of nutrients, fruits,
vegetables, and whole grains) to the diets of children; and (2)
evidence concerning the relationship between consumption of
certain nutrients, ingredients, and foods in preventing and
promoting the development of obesity. The Study Commission
should outline the full range of media and labeling to which
nutrition standards for food marketing to children should
apply. It should determine whether the current governmental
authority over food marketing to children is adequate to
address the effects of such marketing on child nutrition and
obesity. The Committee directs the Study Commission to submit
its findings and recommendations in a final report to Congress
no later than January 15, 2010.
Child Protection.--In September of 2000, the FTC released a
report entitled: ``Marketing Violent Entertainment to Children:
A Review of Self-Regulation and Industry Practices in the
Motion Picture, Music Recording & Electronic Game Industries.''
The report was highly critical of the entertainment industry
and its persistent and calculated marketing of violent games,
movies, and music to children. In response to this report, the
entertainment industry has promised to impose tougher
regulations on itself and to voluntarily comply with the
report's recommendation. The FTC should continue with, and
expand upon, its efforts in this area. The Committee directs
the Commission to continue to engage in consumer research and
workshops, underage shopper-retail compliance surveys, and
marketing data collection.
Internet.--The FTC is charged with monitoring compliance
with the Children's Online Privacy Protection Act (Public Law
105-277). The recommendation provides the Commission the
funding resources it needs to meet the challenges of increased
fraud on the Internet. The Committee commends the FTC for
recognizing the unique and difficult challenge posed by the
Internet, an international phenomenon that lacks borders, to
protect the safety of our children.
General Services Administration
PROGRAM DESCRIPTION
The General Services Administration [GSA] was established
by the Federal Property and Administrative Services Act of 1949
(Public Law 81-152) when Congress mandated the consolidation of
the Federal Government's real property and administrative
services. GSA is organized into the Public Buildings Service,
the Federal Acquisition Service, the Office of Governmentwide
Policy, and the Office of Citizen Services.
COMMITTEE RECOMMENDATION
Annual 5-year Plans for Federal Buildings and Border
Stations.--GSA is directed to include in the annual budget
submission, detailed 5-year plans for Federal building and land
port of entry (border station) construction projects with
yearly updates of total project future funding needs for
construction. The 5-year plan for border stations shall be a
coordinated effort between GSA and U.S. Customs and Border
Protection.
Formaldehyde Reduction in Federal High Performance Green
Buildings.--The Committee is aware that the Federal Director of
the General Services Administration [GSA] Office of Federal
High-Performance Green Buildings is required to develop a
comprehensive ``green'' building certification system that
considers indoor air quality (42 U.S.C.
Sec. 17092(h)(2)(E)(iii)) and a comprehensive indoor air
quality program for Federal facilities that protects the safety
of Federal employees and the public (42 U.S.C. Sec. 17122(b)).
The Committee is also aware that formaldehyde has been
designated as a probable human carcinogen by the Environmental
Protection Agency [EPA] and that new formaldehyde-free building
material, such as ceiling tiles and insulation, are
commercially available. It has been brought to the Committee's
attention that the EPA's indoor air quality standards for
formaldehyde in new facilities is 0.02 ppm above outside air
concentrations. The Committee directs the Federal Director of
the GSA Office of Federal High-Performance Green Buildings to
consider adopting a formaldehyde standard consistent with the
EPA standard in its ``green'' building certification and indoor
air quality program and to specify formaldehyde-free building
materials when it constructs new or renovates existing Federal
buildings.
Use of Stairs.--The Committee expects a stronger effort to
promote the use of stairs in Federal buildings. The use of
stairs improves health of Federal workers and the general
population, while improving the efficiency of Federal
buildings.
Promoting Energy Efficiency Through Use of Revolving
Doors.--The Committee supports the promotion of the use of
revolving doors over swing doors by staff, tenants, and
visitors to Federal buildings, when possible and appropriate,
as a significant role in energy conservation. One of the most
common ways that outside air penetrates a building is through
the doors. Revolving doors maintain the existing environment
within a building because they create a seal that prevents
outside air from flowing into a building. On average, eight
times as much air is exchanged when a swing door is opened
versus a revolving door. In addition to keeping heat and cold
in or out, revolving doors create a better inside environment
by reducing pollution, noise, and dirt. Unfortunately, the use
of revolving doors is not as prevalent as it could be,
resulting in less energy efficiency within the building. The
Committee directs GSA to take steps, such as posting signage,
to promote energy efficiency and encourage employees and
visitors to use revolving doors when possible, and to report
back to the Committee no later than 120 days after enactment of
this act on intended steps and progress achieved to date.
Strengthening Federal Environmental, Energy, and
Transportation Management.--The Committee is aware of the goals
of the Federal Government to maximize energy efficiency and
resource conservation, as part of Executive Order 13423 to
Strengthen Federal Environmental, Energy, and Transportation
Management. The Committee is further aware of re-usable plastic
crates and their environmental benefits and encourages GSA to
consider deploying them widely in order to maximize resource
conservation.
Custom House in New Orleans.--The Committee is aware that
Hurricane Katrina caused a roof collapse on one of the most
architecturally and historically significant Government-owned
structures in the southern United States, the U.S. Custom House
in New Orleans, Louisiana. While renovations are being
conducted by GSA and the Customs and Border Patrol, work has
been proceeding slowly. The Committee is supportive of the
project and is hopeful that GSA will use historic preservation
funding and other resources to ensure that the Custom House can
be remodeled and used productively in a timely manner by
Federal and non-profit tenants as well as the community.
GSA Per Diem in New Orleans.--The Committee is aware that
following Hurricane Katrina, Federal agencies were authorized
to spend above per diem allowances in the New Orleans area, an
authority that has expired. On October 1, 2007, the General
Services Administration reduced the Federal Government per diem
rate for the New Orleans area from $148 to $131 per day during
peak season and from $102 to $99 per day during off-season for
lodging expenses. According to the U.S. Department of Commerce,
the tourism industry is the largest employer in the city of New
Orleans, producing more than 80,000 jobs with a $5,000,000,000
annual impact on the economy. During 2005, travel and tourism
in New Orleans accounted for 44 percent of Louisiana's tourism
revenue and contributed $158,000,000 in annual State tax
revenue. In light of the potential harmful impact of a
reduction of Federal travel to New Orleans on recovery efforts
in the region, the Committee urges the General Services
Administration to reconsider the impact of Federal per diem
rates upon the larger recovery efforts of New Orleans and to
take steps to maintain or increase the per diem rate for fiscal
year 2009.
FEDERAL BUILDINGS FUND--LIMITATIONS ON AVAILABILITY OF REVENUE
(INCLUDING TRANSFER OF FUNDS)
Limitation on availability of revenue:
Limitation on availability, 2008.................... $7,830,414,000
Limitation on availability, 2009.................... 8,377,573,000
Committee recommendation............................ 8,524,445,000
The Federal Buildings Fund program consists of the
following activities financed from rent charges:
Construction and Acquisition of Facilities.--Space is
acquired through the construction or purchase of facilities and
prospectus-level extensions to existing buildings. All costs
directly attributable to site acquisition, construction, and
the full range of design and construction services, and
management and inspection of construction projects are funded
under this activity.
Repairs and Alterations.--Repairs and alterations of public
buildings as well as associated design and construction
services are funded under this activity. Protection of the
Government's investment, health and safety of building
occupants, transfer of agencies from leased space, and cost
effectiveness are the principal criteria used in establishing
priorities. Primary consideration is given to repairs to
prevent deterioration and damage to buildings, their support
systems, and operating equipment. This activity also provides
for conversion of existing facilities and non-prospectus
extensions.
Installment Acquisition Payments.--Payments are made for
liabilities incurred under purchase contract authority and
lease purchase arrangements. The periodic payments cover
principal, interest, and other requirements on the debt
incurred for construction of Federal buildings.
Rental of Space.--Space is acquired through the leasing of
buildings including space occupied by Federal agencies in U.S.
Postal Service facilities, 174 million rentable square feet in
fiscal year 2007, and 184 million rentable square feet in
fiscal year 2008.
Building Operations.--Services are provided for Government-
owned and leased facilities, including cleaning, utilities and
fuel, maintenance, miscellaneous services (such as moving,
evaluation of new materials and equipment, and field
supervision), and general management and administration of all
real property related programs including salaries and benefits
paid from the Federal Buildings Fund.
Other Programs.--When requested by Federal agencies, the
Public Buildings Service provides building services, such as
tenant alterations, cleaning and other operations, and
protection services which are in excess of those services
provided under the commercial rental charge. For presentation
purposes, the balances of the Unconditional Gifts of Real,
Personal, or Other Property trust fund have been combined with
the Federal Buildings Fund.
CONSTRUCTION AND ACQUISITION
Limitation on availability, 2008\1\..................... $531,448,000
Limitation on availability, 2009........................ 620,119,000
Committee recommendation................................ 766,991,000
\1\Of this amount, $250,000,000 was designated as emergency funding.
---------------------------------------------------------------------------
PROGRAM DESCRIPTION
The construction and acquisition fund shall be available
for site, design, construction, management, and inspection
costs for the construction of new Federal facilities.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $766,991,000 for
construction and acquisition, including non-prospectus
projects.
CONSTRUCTION AND ACQUISITION
------------------------------------------------------------------------
State Description Amount
------------------------------------------------------------------------
AL Tuscaloosa, Federal Building $25,000,000
CA San Ysidro, Land Port of Entry 58,910,000
CA San Diego, U.S. Courthouse Annex 110,362,000
CO Lakewood, Denver Federal Center Remediation 10,472,000
DC DHS Consolidation and Development of St. 331,390,000
Elizabeths Campus
DC St. Elizabeths West Campus Infrastructure 8,249,000
DC St. Elizabeths West Campus Site Acquisition 7,000,000
MD Montgomery County, FDA Consolidation 200,404,000
ND Portal, Land Port of Entry 15,204,000
------------------------------------------------------------------------
REPAIRS AND ALTERATIONS
Limitation on availability, 2008........................ $722,161,000
Limitation on availability, 2009........................ 692,374,000
Committee recommendation................................ 692,374,000
PROGRAM DESCRIPTION
Under this activity, the General Services Administration
[GSA] executes its responsibility for repairs and alterations
[R&A] of both Government-owned and leased facilities under the
control of GSA. The primary goal of this activity is to provide
commercially equivalent space to tenant agencies. Safety,
quality, and operating efficiency of facilities are given
primary consideration in carrying out this responsibility.
R&A workload requirements originate with scheduled onsite
inspections of buildings by qualified regional engineers and
building managers. The work identified through these
inspections is programmed in order of priority into the
Inventory Reporting Information System [IRIS] and incorporated
into a 5-year plan for accomplishment, based upon funding
availability, urgency, and the volume of R&A work that GSA has
the capability to execute annually. Since fiscal year 1995,
design and construction services activities associated with
repair and alteration projects have been funded in this
account.
COMMITTEE RECOMMENDATION
The Committee recommends new obligational authority of
$692,374,000 for repairs and alterations in fiscal year 2009.
This amount is the same as the President's request.
REPAIRS AND ALTERATIONS
------------------------------------------------------------------------
State Description Amount
------------------------------------------------------------------------
DC Eisenhower Executive Office Building-CBR $14,700,000
DC West Wing Infrastructure Systems Replacement 76,487,000
DC Eisenhower Executive Office Building Phase III 51,075,000
IL Chicago, Dirksen Courthouse 152,825,000
NC New Bern, U.S. Post Office and Courthouse 10,640,000
------------------------------------------------------------------------
INSTALLMENT ACQUISITION PAYMENTS
Limitation on availability, 2008........................ $155,781,000
Limitation on availability, 2009........................ 149,570,000
Committee recommendation................................ 149,570,000
PROGRAM DESCRIPTION
The Public Buildings Amendments of 1972 enable GSA to enter
into contractual arrangements for the construction of a backlog
of approved but unfunded projects. This activity provides for
the payment of interest to the Federal Financing Bank related
to facilities acquired pursuant to the Public Buildings
Amendments of 1972 (40 U.S.C. 592).
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $149,570,000 for
installment acquisition payments, the same as the budget
request and $6,211,000 below the fiscal year 2008 funding
level.
RENTAL OF SPACE
Limitation on availability, 2008........................ $4,315,534,000
Limitation on availability, 2009........................ 4,692,156,000
Committee recommendation................................ 4,692,156,000
PROGRAM DESCRIPTION
GSA is responsible for leasing general purpose space and
land incident thereto for Federal agencies, except in cases
where GSA has delegated its leasing authority. GSA's policy is
to lease privately owned buildings and land only when: (1)
Federal space needs cannot be otherwise accommodated
satisfactorily in existing Government-owned or leased space;
(2) leasing proves to be more efficient than the construction
or alteration of a Federal building; (3) construction or
alteration is not warranted because requirements in the
community are insufficient or are indefinite in scope or
duration; or (4) completion of a new Federal building within a
reasonable time cannot be assured.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $4,692,156,000 for
rental of space. The Committee recommendation is the same as
the President's budget request and $376,622,000 above the
fiscal year 2008 enacted level.
BUILDING OPERATIONS
Limitation on availability, 2008........................ $2,105,490,000
Limitation on availability, 2009........................ 2,223,354,000
Committee recommendation................................ 2,223,354,000
PROGRAM DESCRIPTION
This activity provides for the operation of all Government-
owned facilities under the jurisdiction of GSA and building
services in GSA-leased space where the terms of the lease do
not require the lessor to furnish such services. Services
included in building operations are cleaning, protection,
maintenance, payments for utilities and fuel, grounds
maintenance, and elevator operations. Other related supporting
services include various real property management and staff
support activities such as space acquisition and assignment;
the moving of Federal agencies as a result of space alterations
in order to provide better space utilization in existing
buildings; onsite inspection of building services and
operations accomplished by private contractors; and various
highly specialized contract administration support functions.
The space, operations, and services referred to above are
furnished by GSA to its tenant agencies in return for payment
of rent. Due to considerations unique to their operation, GSA
also provides varying levels of above-standard services in
agency headquarters facilities, including those occupied by the
Executive Office of the President, such as the east and west
wings of the White House.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $2,223,354,000 for
building operations. This amount is the same as the President's
budget request and $117,864,000 above the fiscal year 2008
enacted level.
GOVERNMENT-WIDE POLICY
salaries and expenses
Appropriations, 2008.................................... $52,891,000
Budget estimate, 2009................................... 56,578,000
Committee recommendation................................ 54,578,000
PROGRAM DESCRIPTION
The Office of Government-wide Policy provides for
Government-wide policy development, support, and evaluation
functions associated with real and personal property, supplies,
vehicles, aircraft, information technology, acquisition,
transportation, and travel management. This office also
provides for the Federal Procurement Data Center, Workplace
Initiatives, Regulatory Information Service Center, the Catalog
of Federal Domestic Assistance, and the Committee Management
Secretariat. The Office of Government-wide Policy, working
cooperatively with other agencies, provides the leadership
needed to develop and evaluate the implementation of policies
designed to achieve the most cost-effective solutions for the
delivery of administrative services and sound workplace
practices, while reducing regulations and empowering employees.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $54,578,000
for Government-wide Policy. This amount is $2,000,000 below the
budget request and $1,687,000 above the fiscal year 2008
enacted level.
OPERATING EXPENSES
SALARIES AND EXPENSES
Appropriations, 2008.................................... $85,870,000
Budget estimate, 2009................................... 71,811,000
Committee recommendation................................ 69,349,000
PROGRAM DESCRIPTION
Operating Expenses provides for the salaries and expenses
of: Government-wide activities associated with utilization and
donation of surplus personal property and disposal of real
property; agency-wide policy direction, management, and
communications; the Civilian Board of Contract Appeals; and
services as authorized by 5 U.S.C. 3109.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $69,349,000
for the Operating Expenses. This amount is $2,462,000 below the
budget request and $16,521,000 below the fiscal year 2008
enacted level.
OFFICE OF INSPECTOR GENERAL
Appropriations, 2008.................................... $48,382,000
Budget estimate, 2009................................... 54,000,000
Committee recommendation................................ 54,000,000
PROGRAM DESCRIPTION
This appropriation provides agency-wide audit and
investigative functions to identify and correct management and
administrative deficiencies within the General Services
Administration [GSA], including conditions for existing or
potential instances of fraud, waste, and mismanagement. This
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 $54,000,000
for the Office of Inspector General. This amount is the same as
the budget request and $5,618,000 above the fiscal year 2008
enacted level.
ELECTRONIC GOVERNMENT [E-GOV] FUND
Appropriations, 2008.................................... $3,000,000
Budget estimate, 2009................................... 5,000,000
Committee recommendation................................ 1,000,000
PROGRAM DESCRIPTION
This program supports interagency ``electronic government''
or ``e-gov'' initiatives, i.e., projects that use the Internet
or other electronic methods to provide individuals, businesses,
and other government agencies with simpler and more timely
access to Federal information, benefits, services, and business
opportunities.
Proposals for funding must meet capital planning guidelines
and include adequate documentation to demonstrate a sound
business case, attention to security and privacy, and a way to
measure performance against planned results. In addition, a
small portion of the funds could be used for awards to those
project management teams that delivered the best product to
meet customer needs.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $1,000,000 for
the Electronic Government Fund. This amount is $2,000,000 below
the fiscal year 2008 enacted level and $4,000,000 below the
budget request.
ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2008.................................... $2,478,000
Budget estimate, 2009................................... 2,934,000
Committee recommendation................................ 2,934,000
PROGRAM DESCRIPTION
This appropriation provides for an annual pension and
compensation for office staffs and other related operating
expenses for each former President pursuant to Public Law 85-
745. The cost of franking privileges for the widows of former
President Reagan and former President Ford are also funded in
this appropriation.
COMMITTEE RECOMMENDATION
The Committee recommends $2,934,000 for allowances and
office staff for former Presidents, $456,000 above the fiscal
year 2008 funding level and the same as the budget request. An
additional $366,000 is provided as the budget requests for the
commencement of benefits for President George W. Bush as a
former President.
Below is listed a detailed analysis of the Committee's
recommendation for fiscal year 2009 funding:
FISCAL YEAR 2009 BUDGET ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Carter G.H. Bush Clinton G.W. Bush Widows Total
----------------------------------------------------------------------------------------------------------------
Personnel Compensation........................ 96 96 96 30 ......... 318
Personnel Benefits............................ 2 64 65 20 ......... 151
Benefits for Former Presidents................ 194 194 204 146 ......... 738
Travel........................................ 2 56 50 11 ......... 119
Rental Payments to GSA........................ 102 175 544 95 ......... 916
Communications, Utilities, and Miscellaneous
Charges:
Telephone................................. 10 17 79 15 ......... 121
Postage................................... 15 13 15 3 14 60
Printing...................................... 5 14 14 3 ......... 36
Other Services................................ 80 111 84 25 ......... 300
Supplies & Materials.......................... 5 15 26 5 ......... 51
Equipment..................................... 7 69 35 13 ......... 124
-----------------------------------------------------------------
Total Obligations....................... 518 824 1,212 366 14 2,934
----------------------------------------------------------------------------------------------------------------
PRESIDENTIAL TRANSITION EXPENSES
Appropriations, 2008....................................................
Budget estimate, 2009................................... $8,520,000
Committee recommendation................................ 8,520,000
The appropriation provides for an orderly transfer of
executive leadership, in accordance with the Presidential
Transition Act of 1963. Funds are also authorized to finance
the costs of briefings and training for personnel associated
with the incoming administration. Funds are only requested
during a presidential election year and are not available for
obligation by the incumbent administration. The Committee
recommends $8,520,000 for presidential transition expenses, an
amount equal to the budget estimate, of which $1,000,000 is for
briefing personnel associated with the incoming administration.
FEDERAL CITIZEN SERVICES FUND
Appropriations, 2008.................................... $17,328,000
Budget estimate, 2009................................... 36,558,000
Committee recommendation................................ 36,558,000
program description
The Federal Citizen Services Fund [FCSF] (formerly the
Federal Citizen Information Center) appropriation provides for
the salaries and expenses of the Office of Citizen Services
[OCS]. The FCSF consolidates all of GSA's citizen-oriented
programs into a single funding source by unifying OCS programs
formerly funded by the Federal Citizen Information Center Fund
and the Operating Expenses appropriations. The Office of
Citizen Services provides citizens, businesses, other
governments, and the media with access points to easily obtain
Government information and services via the Internet, e-mail,
print, and telephone.
The Office of Citizen Services [OCS] provides information
and services to the public primarily through USA.gov and
GobiernoUSA.gov, the official web portal of the U.S.
Government. OCS also operates pueblo.gsa.gov,
consumeraction.gov and consumidor.gov, webcontent.gov, and
kids.gov websites. OCS provides direct telephone (1-800-FED-
INFO), e-mail and on-line assistance to citizens through the
National Contact Center, and offers simple and cost-effective
contact center solutions to customer Federal agencies through
the USA Services program. OCS also coordinates the publication
and distribution of information through the Government Printing
Office's Public Documents Distribution Center in Pueblo,
Colorado.
OCS supports effective Government by training web and
contact center managers across the Federal Government through
Web Manager University, and provides administrative support to
various interagency steering committees. OCS provides
management of the USA.gov hosting infrastructure, including
support for all Federal agency applications on USA.gov, and
provides development and facilitation services to Federal
agencies and initiatives to enhance their delivery of citizen
services. OCS brings Federal, State, territorial, local and
Indian tribal governments together to improve services to
citizens through sharing of best practices, and serves as a
point of contact to other nations to share experiences in
delivering citizen services and to bring new solutions to the
U.S. Government.
The Federal Citizen Services Fund is financed from annual
appropriations to pay for the salaries and expenses of OCS
staff. Reimbursements from Federal agencies pay for the direct
costs of information services OCS provides on their behalf. The
FCSF also receives funding from user fees for publications
ordered by the public, payments from private entities for
services rendered, and gifts from the public. All income is
available without regard to fiscal year limitations, but is
subject to an annual aggregate expenditure limit as set forth
in appropriation acts.
committee recommendation
The Committee recommends $36,558,000 for the Federal
Services Center, an increase of $19,230,000 above the fiscal
year 2008 enacted level and consistent with the budget request.
The funding level reflects a transfer from the ``Operating
Expenses'' account to consolidate GSA's citizen-based services.
The appropriation will be augmented by reimbursements from
Federal agencies for distribution of consumer publications,
user fees from the public, and other income.
ADMINISTRATIVE PROVISIONS--GENERAL SERVICES ADMINISTRATION
Section 510 authorizes GSA to use funds for the hire of
passenger motor vehicles.
Section 511 authorizes GSA to transfer funds within the
Federal buildings fund for meeting program requirements.
Section 512 limits funding for courthouse construction
which does not meet certain standards of a capital improvement
plan.
Section 513 provides 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 rate.
Section 514 continues the provision that permits GSA to pay
small claims (up to $250,000) made against the Government.
Section 515 changes the Federal Citizen Information Fund to
the Federal Citizen Services Fund.
Section 516 authorizes GSA to allow volunteer and other
nongovernmental organizations supporting the National Response
Framework, under Emergency Support Function [ESF] #6--Mass
Care, Housing, and Human Services, access to GSA Sources of
Supply.
Merit Systems Protection Board
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2008.................................... $37,507,000
Budget estimate, 2009................................... 38,811,000
Committee recommendation................................ 38,811,000
PROGRAM DESCRIPTION
The Merit Systems Protection Board [MSPB] was established
by the Civil Service Reform Act of 1978. MSPB is an independent
quasi-judicial agency manifested to protect Federal merit
systems against partisan political and other prohibited
personnel practices and to ensure adequate protection for
employees against abuses by agency management.
MSPB assists Federal agencies in running a merit-based
civil service system. This is accomplished on a case-by-case
basis through hearing and deciding employee appeals and on a
systemic basis by reviewing significant actions and regulations
of the Office of Personnel Management [OPM] and conducting
studies of the civil service and other merit systems. The
intended results of MSPB's efforts are to assure that personnel
actions taken against employees are processed within the law
and that actions taken by OPM and other agencies support and
enhance Federal merit principles.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $38,811,000
for the Merit Systems Protection Board. This is an increase of
$1,304,000 above the fiscal year 2008 enacted level and the
same as the budget request. The Committee makes available no
more than $2,579,000 for adjudicating retirement appeals
through an appropriation from the trust fund consistent with
past practice.
Morris K. Udall Scholarship and Excellence in National Environmental
Policy Foundation
FEDERAL PAYMENT TO MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN
NATIONAL ENVIRONMENTAL POLICY FOUNDATION
Appropriations, 2008.................................... $3,750,000
Budget estimate, 2009................................... 100,000
Committee recommendation................................ 3,750,000
PROGRAM DESCRIPTION
The General Fund payment to the Morris K. Udall Fund is
invested in Treasury securities with maturities suitable to the
needs of the Fund. Interest earnings from the investments are
used to carry out the activities of the Morris K. Udall
Foundation. The Foundation awards scholarships, fellowships,
and grants, and funds activities of the Udall Center.
The Morris K. Udall Foundation also supports training
programs for professionals in health care policy and public
policy, such as the Native Nations Institute [NNI]. NNI, based
at the University of Arizona, provides Native Americans with
leadership and management training, and analyzes policies
relevant to tribes.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $3,750,000 for
the Morris K. Udall Foundation. This amount is $3,650,000 above
the budget request and is equal to the enacted 2008 level. The
Committee includes language to allow up to 60 percent of the
appropriation to be used for the expenses of the Native Nations
Institute.
ENVIRONMENTAL DISPUTE RESOLUTION FUND
Appropriations, 2008.................................... $2,000,000
Budget estimate, 2009................................... 850,000
Committee recommendation................................ 2,000,000
PROGRAM DESCRIPTION
The U.S. Institute for Environmental Conflict Resolution is
a Federal program established by Public Law 105-156 to assist
parties in resolving environmental, natural resource, and
public lands conflicts. The Institute is part of the Morris K.
Udall Foundation and serves as an impartial, non-partisan
institution providing professional expertise, services, and
resources to all parties involved in such disputes. The
Institute helps parties determine whether collaborative problem
solving is appropriate for specific environmental conflicts,
how and when to bring all the parties together for discussion,
and whether a third-party facilitator or mediator might be
helpful in assisting the parties in their efforts to reach
consensus or to resolve the conflict. In addition, the
Institute maintains a roster of qualified facilitators and
mediators with substantial experience in environmental conflict
resolution and can help parties in selecting an appropriate
neutral professional.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $2,000,000 for
the Morris K. Udall Environmental Dispute Resolution Fund. This
amount is equal to the fiscal year 2008 enacted level and
$1,150,000 above the budget request.
National Archives and Records Administration
The National Archives and Records Administration [NARA] is
the national recordkeeper managing the Government's archives
and records, and operating the presidential libraries. NARA is
an independent agency created by statute in 1934 to safeguard
the records of all three branches of the Federal Government.
NARA administers the Information Security Oversight Office
[ISOO], is the publisher of the Federal Register, and makes
grants for historical documentation through the National
Historical Publications and Records Commission [NHPRC]. In
addition, NARA has recently been charged with additional
responsibilities including mediating Freedom of Information Act
disputes and coordinating controlled unclassified information.
OPERATING EXPENSES
Appropriations, 2008.................................... $315,000,000
Budget estimate, 2009................................... 327,783,000
Committee recommendation................................ 330,883,000
PROGRAM DESCRIPTION
This account provides for basic operations dealing with
management of the Federal Government's archives and records,
operation of Presidential Libraries, review for
declassification of classified security information, and other
duties.
COMMITTEE RECOMMENDATION
The Committee recommends $330,883,000 for operating
expenses of the National Archives and Records Administration
for fiscal year 2009. This amount is $15,883,000 above the
fiscal year 2008 enacted level and $3,100,000 above the budget
request.
The Committee's recommendation includes requested funds to
prepare for the new George W. Bush Presidential Library,
process and declassify presidential records, and supplement
criminal investigative staff.
In addition, the Committee provides $1,200,000 above the
request for continuance of public research hours, which is a
base operating cost and should be part of the budget request.
The Committee also recommends $1,000,000 to fulfill the
responsibility designated to NARA under the OPEN Government Act
(Public Law 110-175) to manage the new Office of Government
Information Services [OGIS], thereby disagreeing with the
administration which placed this responsibility and funding
with the Justice Department, which posed a conflict of interest
given that department's responsibility to defend its
government-agency clients in litigation brought by requesters.
Finally, the Committee is aware that on May 9, 2008, the
President signed a memorandum designating NARA as the executive
agent for overseeing and managing the implementation of the
designation and sharing of controlled unclassified information.
The Committee is further aware that OMB has determined that the
Office of the Director of National Intelligence shall provide
funding to NARA to cover start-up costs of $2,000,000 over
fiscal year 2009. The Committee expects that NARA's budget
submission for fiscal year 2010 will request funds for this
purpose.
ELECTRONIC RECORDS ARCHIVES
Appropriations, 2008.................................... $58,028,000
Budget estimate, 2009................................... 67,008,000
Committee recommendation................................ 67,008,000
PROGRAM DESCRIPTION
National Archives and Records Administration [NARA] is
developing an Electronic Records Archives [ERA] that will
ensure the preservation of and access to Government electronic
records. With the rapid changes in technology today, the
formats in which records are stored become obsolete within a
few years, making records inaccessible even if they are
preserved intact with the most modern technology. ERA will
preserve electronic records generated in a manner that enables
requesters to access them on computer systems now and in the
future.
COMMITTEE RECOMMENDATION
The Committee recommends $67,008,000 for the Electronic
Records Archives project. This amount is an increase of
$8,980,000 above the fiscal year 2008 enacted level and the
same as the budget request. A provision is included in the bill
requiring NARA to submit a spending plan for these funds.
The Committee strongly supports the Electronic Records
Archives [ERA] program at the National Archives Records
Administration. The Committee continues to emphasize the
importance that amounts requested in the President's budget be
adequate to meet current program requirements for the
development of systems to interface with agencies, receive all
documents, and conduct all necessary training programs. The
Committee remains committed to working to ensure that this
program is adequately funded on an expedited basis so ERA can
preserve the Nation's important records at the earliest
feasible date.
The Committee is gravely concerned about the lack of
progress in developing ERA capabilities to ingest electronic
records from the current presidential administration at the
time of the January 2009 transition. Delays in negotiating the
scope and timing of the system development with the contractor
have left little time to develop, test, and deploy the proposed
system. This delay puts NARA's ability take custody of the
current administration's electronic records and make them
available to authorized recipients during the next
administration at significant risk. Because of the significant
impact that delays in accessing presidential records could have
on the succeeding administration, Congress, and the courts,
NARA should develop a formal plan for ensuring the availability
of electronic presidential records in the event that ERA is not
capable of providing such access.
REPAIRS AND RESTORATION
Appropriations, 2008.................................... $28,605,000
Budget estimate, 2009................................... 9,211,000
Committee recommendation................................ 33,211,000
PROGRAM DESCRIPTION
This account provides for the repair, alteration, and
improvement of Archives facilities and Presidential libraries
nationwide, and provides adequate storage for holdings. It will
better enable NARA to maintain its facilities in proper
condition for public visitors, researchers, and NARA employees,
and also maintain the structural integrity of the buildings.
COMMITTEE RECOMMENDATION
The Committee recommends $33,211,000 for the repairs and
restoration account. This amount is $4,606,000 above the fiscal
year 2008 enacted level and $24,000,000 above the budget
request.
The Committee provides $9,211,000 for ongoing repairs and
restoration and recommends specific funding to be distributed
as follows:
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
JFK Presidential Library.............................. 22,000,000
LBJ Presidential Library.............................. 2,000,000
------------------------------------------------------------------------
The Committee has prioritized funding under this account
with input from NARA's capital improvement plan and projects
already underway. Therefore, the Committee has included
$2,000,000 to complete renovations for the Lyndon Baines
Johnson [LBJ] Presidential Library and $22,000,000 to complete
construction of the JFK Presidential Library.
The Committee recognizes that it has more than adequately
provided funding for NARA's portion of the LBJ Presidential
Library plaza project, therefore, the Library is on notice not
to return to the Committee for any further funding for this
project, a directive which is reflected in the bill.
The Committee is aware of the great need of repairs of
presidential libraries, particularly the FDR Presidential
Library, which suffers from flooding, whose infrastructure is
dangerously deteriorated and outdated, and whose systems
violate NARA's standards for preservation, but is unfortunately
constrained to provide funding for this worthwhile project.
The Committee also is aware of the need for roof repair at
the Truman Presidential Library and encourages NARA to review
its repair needs, considering the NARA on-going repair account
as a source of funding.
The Committee makes permanent the directive requiring NARA
to update its comprehensive capital needs assessment for its
entire infrastructure of presidential libraries and records
facilities, as part of its fiscal year 2010 budget submission
and urges that an appropriate level of funding for repair of
valuable historic presidential libraries be included in the
fiscal year 2010 budget request.
National Historical Publications and Records Commission
GRANTS PROGRAM
Appropriations, 2008.................................... $9,500,000
Budget estimate, 2009...................................................
Committee recommendation................................ 10,500,000
PROGRAM DESCRIPTION
The National Historical Publications and Records Commission
[NHPRC] provides grants nationwide to preserve and publish
records that document American history. Administered within the
National Archives, which preserves Federal records, 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 $10,500,000 for the National
Historical Publications and Records Commission [NHPRC]. This
amount is $1,000,000 above the fiscal year 2008 enacted level
and $10,500,000 above the budget request.
The Committee strongly supports the NHPRC program and has
provided funding to continue this important program. This
program has played a central role in the preservation and
dissemination of the Nation's documentary heritage. Further,
the program has been successful in leveraging private sector
contributions.
ADMINISTRATIVE PROVISION
The Committee includes an administrative provision
directing NARA to include in its annual budget submission each
year a comprehensive capital needs assessment for its entire
infrastructure of presidential libraries and records
facilities. Funding should be included in each year's budget to
address the highest priorities, including projects already
underway.
National Credit Union Administration
CENTRAL LIQUIDITY FACILITY
------------------------------------------------------------------------
Direct loan Administrative
limitation expenses
------------------------------------------------------------------------
Appropriations, 2008.............. ($1,500,000,000) ($329,000)
Budget estimate, 2009............. (1,500,000,000) (334,000)
Committee recommendation.......... (1,500,000,000) (334,000)
------------------------------------------------------------------------
PROGRAM DESCRIPTION
The National Credit Union Administration [NCUA] Central
Liquidity Facility [CLF] was created by the National Credit
Union Central Liquidity Facility Act (Public Law 95-630). The
CLF is a mixed-ownership Government corporation managed by the
National Credit Union Administration Board and owned by its
member credit unions.
The purpose of the CLF is to improve the general financial
stability of credit unions by meeting their seasonal and
emergency liquidity needs and thereby encourage savings,
support consumer and mortgage lending, and provide basic
financial resources to all segments of the economy. To become
eligible for CLF services, credit unions invest in the capital
stock of the CLF, and the facility uses the proceeds of such
investments and the proceeds of borrowed funds to meet the
liquidity needs of credit unions. The primary sources of funds
for the CLF are stock subscriptions from credit unions and
borrowings.
The CLF may borrow funds from any source, with the amount
of borrowing limited to 12 times the amount of subscribed
capital stock and surplus.
Loans are available to meet short-term requirements for
funds attributable to emergency outflows from managerial
difficulties or local economic downturns. Seasonal credit is
also provided to accommodate fluctuations caused by cyclical
changes in such areas as agriculture, education, and retail
business. Loans can also be made to offset protracted credit
problems caused by factors such as regional economic decline.
COMMITTEE RECOMMENDATION
The Committee recommends the budget request of limiting
administrative expenses for the Central Liquidity Fund [CLF] to
$334,000,000 in fiscal year 2009. The Committee recommends a
limitation of $1,500,000,000 for the principal amount of new
direct loans to member credit unions. These amounts are the
same as the budget request.
COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
Appropriations, 2008.................................... $975,000
Budget estimate, 2009................................... 1,000,000
Committee recommendation................................ 1,000,000
PROGRAM DESCRIPTION
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 5 years, although
shorter repayment periods may be considered. Technical
assistance grants [TAGs] are also available to low-income
credit unions for improving operations as well as addressing
safety and soundness issues. Credit unions use TAG funds for
specific initiatives, including taxpayer assistance, financial
education, home ownership initiatives, and training assistance.
COMMITTEE RECOMMENDATION
The Committee recommends $1,000,000 for technical
assistance grants to community development credit unions. This
funding level is equal to the budget request and is $25,000
more than the fiscal year 2008 enacted level. 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.
The Committee supports NCUA's outreach efforts to
underserved rural and urban communities across America through
technical assistance grants provided within CDRLF. The
Committee encourages NCUA to continue its efforts to provide
financial education, particularly regarding consumer credit and
home mortgages, and to provide alternatives to predatory
lending services through targeted technical assistance grants
and support.
Office of Government Ethics
SALARIES AND EXPENSES
Appropriations, 2008.................................... $11,750,000
Budget estimate, 2009................................... 13,000,000
Committee recommendation................................ 13,000,000
PROGRAM DESCRIPTION
The Office of Government Ethics [OGE], a separate agency
within the executive branch, was established by the Ethics in
Government Act of 1978 (Public Law 95-521). OGE is charged by
law to provide overall direction of executive branch policies
designed to prevent conflicts of interest and ensure high
ethical standards. OGE carries out these responsibilities by
developing regulations pertaining to conflicts of interest,
postemployment restrictions, standards of conduct, and public
and confidential financial disclosure in the executive branch;
by monitoring compliance with financial disclosure requirements
by recommending appropriate corrective action when necessary;
by evaluating the effectiveness of applicable laws; and by
preparing advisory opinions and policy memoranda interpreting
requirements regarding conflicts of interest, post employment
restrictions, standards of conduct, and financial disclosure.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $13,000,000
for salaries and expenses of the Office of Government Ethics in
fiscal year 2009. This amount is the same as the budget request
and $1,250,000 above the fiscal year 2008 enacted level. The
Committee encourages OGE to keep the Committee regularly
informed of any emerging needs resulting from enactment of any
new legislation affecting ethics obligations of executive
branch officials and employees, as well as initiatives
undertaken to fulfill OGE's critical role in Presidential
transition issues, including education on post-employment
restrictions for outgoing officials and processing the expected
surge of public financial disclosure reports filed by the
incoming President's nominees for high level positions
requiring Senate confirmation. The funding level will also
allow OGE to provide the necessary training and guidance for
new and experienced ethics officials to enable them to handle
ethics issues that arise during the transition period.
Office of Personnel Management
SALARIES AND EXPENSES
Appropriations, 2008.................................... $101,765,000
Budget estimate, 2009................................... 92,829,000
Committee recommendation................................ 92,829,000
PROGRAM DESCRIPTION
The Office of Personnel Management [OPM] was established by
Public Law 95-454, the Civil Service Reform Act of 1978,
enacted on October 13, 1978. OPM is 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 Governmentwide policy framework for personnel matters,
advises and assists agencies (often on a reimbursable basis),
and ensures that agency operations are consistent with
requirements of law on issues such as veterans preference. OPM
oversees examining of applicants for employment, issues
regulations and policies on hiring, classification and pay,
training, investigations, 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
$92,829,000 for the salaries and expenses of the Office of
Personnel Management, which is $8,936,000 less than the fiscal
year 2008 level and the same as the budget request.
The recommendation includes $5,851,000 for the Enterprise
Human Resources Integration project and $1,315,000 for the
Human Resources Line of Business project.
Retirement Systems Modernization.--The Committee is
extremely concerned about whether OPM is effectively managing
its retirement systems modernization program, particularly in
light of findings reported by the Government Accountability
Office [GAO] in January 2008 and OPM's February 2008
implementation of the RetireEZ system with capability that was
significantly less than originally planned. On May 16, 2008,
the Committee directed GAO to conduct a follow-up study to
determine the status of OPM's efforts to fully develop and
implement RetireEZ and to evaluate the agency's efforts to
ensure the accuracy of the new system. In light of OPM's May
28, 2008 decision to stop work on a major contract that is
critical to the retirement systems modernization program's
success, the Committee further directs GAO to assess the impact
of the stop work order on OPM's plans for developing and
implementing RetireEZ.
Child Care.--Last year, the Committee directed OPM to work
with and through the Chief Human Capital Officers Council,
through several specific directives, to communicate with
Federal agencies about dependent care programs. The Committee
is aware of steps OPM is to be taking to improve communication
about dependent care programs, and has seen some positive
results, especially in the use of the Dependent Care Flexible
Spending Account [DCFSA]. The Committee is supportive of OPM's
future plans, many of which should be on-going activities. No
later than 45 days after enactment, OPM shall report to the
Committee timelines, including start and/or completion dates,
for the following activities to ensure progress and provide for
accountability:
--when OPM will expand its Open Season marketing campaign to
include new touch points (e.g., floor graphics inside
Metro stations) and redesign materials with a focus on
dependent care;
--when OPM will follow through with targeting one or two
agencies with very low enrollment and develop creative
ways to encourage agencies to educate employees about
the use of FSAFEDS, including the feasibility of
whether this should be an annual activity;
--when OPM will conduct outreach to affinity groups such as
Executive Women in Government and Blacks in Government
to push the FSAFEDS Program, including the feasibility
of whether this should be an annual activity;
--when GSA will begin working with the military to advertise
tuition assistance, when these new advertising
materials will be initially disbursed, and how often
the materials will be provided (e.g. annually);
--when OPM will add a link on child care subsidies to the
front page of the OPM website.
Disability Policy and Leadership.--OPM, as the personnel
agency for the Federal Government, should be committed to
helping the Federal Government become the model employer
Congress and the law mandate that it be, with regard to
individuals with disabilities. OPM's track record, of late, has
not been stellar. Erroneous information and web links on OPM's
disability website were not corrected over a lengthy period of
time despite notification; a key OPM staff position dealing
with disability issues has remained vacant for long periods of
time; insufficient outreach has been conducted to the
disability community, a population of more than 30 million
working-age Americans available for public service. This is
particularly disappointing given that 60 percent of the Federal
workforce will be eligible for retirement within 10 years. In
addition, inefficiencies exist within the USAJOBS electronic
employment portal, making it more difficult for applicants who
wish to be considered under Schedule A authority to bypass
competitive requirements as authorized. Finally, OPM has
neglected to provide clear guidance to Federal agencies,
applicants, and Federal employees on the appropriate use of the
Schedule A appointing authority. Until the involvement of this
Committee, these problems languished.
The Committee acknowledges that OPM has begun steps to
improve matters. The Committee remains dedicated to ensuring
that these problems are corrected, urges OPM to redouble their
efforts to solve these issues, and directs OPM to advise the
Committee as improvements are achieved.
Intergovernmental Personnel Act Mobility Program and
Nursing Shortage.--The Committee is concerned with the ongoing
shortage of nurses, which is due in large part to the national
shortage of nurse faculty, and encourages OPM to assist in
alleviating the shortage through the Intergovernmental
Personnel Act Mobility Program. The Intergovernmental Personnel
Act Mobility Program provides for the temporary assignment of
personnel between the Federal Government and State and local
governments, colleges and universities, and other eligible
entities. Federally-employed nurses could be given the
opportunity to serve a temporary assignment in an accredited
school of nursing. The U.S. Bureau of Labor Statistics projects
that more than 1 million new and replacement Registered Nurses
[RNs] will be needed by 2016. However, schools of nursing are
forced to turn away thousands of qualified applicants each year
due to faculty shortages. The Federal Government currently
employs more than 53,000 nurses domestically, and many have the
educational background and expertise to teach the next
generation of nurses, in the process gaining valuable
experience and informing students about careers in government
service.
The Committee directs OPM to carry out the
Intergovernmental Personnel Act Mobility Program with special
attention provided to Federal agencies employing more than
2,000 nurses. OPM may develop guidelines that provide Federal
agencies direction or guidance in using their authority under
the Intergovernmental Personnel Act Mobility Program--
--to provide financial assistance to Federal employees
holding a degree in nursing to accept an assignment to
teach in an accredited school of nursing in exchange
for a commitment from the individual to serve for an
additional term in Federal service or a commitment from
the school of nursing to take additional steps to
increase its number of nursing students that will
commit to Federal service upon graduation;
--to provide financial assistance to Federal employees who
have served as a nurse in the Federal Government and
are eligible for retirement to allow such individuals
to attend an accredited school of nursing to obtain the
training to become a nurse faculty member in exchange
for a commitment to encourage current and prospective
students to pursue a career in nursing in the Federal
Government and a commitment from the school of nursing
to take additional steps to increase its number of
nursing students that will commit to Federal service
upon graduation; and
--to provide financial or other assistance to Federal
employees who have served as a nurse in the Federal
Government, are eligible for retirement, and are
qualified to teach to expedite the transition of such
individuals into nurse faculty positions.
The Committee directs OPM to report to the Committee no
later than 120 days after enactment of this act on how the
Intergovernmental Personnel Act Mobility Program is being used
to alleviate the nursing shortage and on the demonstrable steps
OPM has taken to encourage government-employed nurses to teach
at accredited colleges of nursing.
Employment for the Blind.--The Committee applauds the
administration's commitment to programs which support disabled
Americans to become fully employed and integrated into their
communities. To further advance this goal, the Committee
requests the OPM to review the status of Federal employment
policies and to consider any changes that may be necessary to
help meet the goal of employing blind Americans. The Committee
notes, for example, that the Internal Revenue Service has
successfully operated a program with the Lions World Services
for the Blind [LWSB] in Little Rock, Arkansas for the past 40
years. This program employs blind individuals trained by LWSB
to work in IRS call centers, which could be a model for other
Federal agencies. The Committee would be pleased to receive a
report on this matter including the views of the Federal
employee labor organizations by July 15, 2009.
LIMITATION
(TRANSFER OF TRUST FUNDS)
Limitation, 2008........................................ $123,901,000
Budget estimate, 2009................................... 118,082,000
Committee recommendation................................ 118,082,000
PROGRAM DESCRIPTION
These funds will be transferred from the appropriate trust
funds of the Office of Personnel Management to cover
administrative expenses for the retirement and insurance
programs, including the cost of automating the retirement
recordkeeping systems.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $118,082,000,
which is $5,819,000 less than the fiscal year 2008 level and
the same as the budget request. The amount includes $15,200,000
for retirement systems modernization, the same as the request.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
Appropriations, 2008.................................... $1,519,000
Budget estimate, 2009................................... 1,538,000
Committee recommendation................................ 2,136,000
PROGRAM DESCRIPTION
The Office of Inspector General is charged with
establishing policies for conducting and coordinating efforts
which promote economy, efficiency, and integrity in the Office
of Personnel Management's activities which prevent and detect
fraud, waste, and mismanagement in the agency's programs.
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 agency 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. Administrative sanctions
debar from participation in the health insurance program those
health care providers whose conduct may pose a threat to the
financial integrity of the program itself or to the well-being
of insurance program enrollees.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $2,136,000 for
salaries and expenses of the Office of Inspector General in
fiscal year 2009. This amount is $617,000 more than the fiscal
year 2008 enacted level and $598,000 more than the budget
request.
(LIMITATION ON TRANSFER FROM TRUST FUNDS)
Limitation, 2008........................................ $17,081,000
Budget estimate, 2009................................... 16,462,000
Committee recommendation................................ 20,428,000
COMMITTEE RECOMMENDATION
The Committee recommends a limitation on transfers from the
trust funds in support of the Office of Inspector General
activities totaling $20,428,000 for fiscal year 2009. This
amount is $3,347,000 more than the fiscal year 2008 enacted
level, and $3,966,000 above the budget request. The increased
funds will help restore the OIG's budget to previous levels and
permit additional audits and investigations.
government payment for annuitants, employees health benefits
Appropriations, 2008.................................... $8,884,000,000
Budget estimate, 2009................................... 9,533,000,000
Committee recommendation................................ 9,533,000,000
PROGRAM DESCRIPTION
This appropriation covers the Government's share of the
cost of health insurance for annuitants covered by the Federal
Employees Health Benefits Program and the Retired Federal
Employees Health Benefits Act of 1960, as well as
administrative expenses incurred by OPM for these programs.
COMMITTEE RECOMMENDATION
The Committee recommends a mandatory appropriation of
$9,553,000,000 for Government payments for annuitants,
employees health benefits.
government payment for annuitants, employee life insurance
Appropriations, 2008.................................... $41,000,000
Budget estimate, 2009................................... 46,000,000
Committee recommendation................................ 46,000,000
PROGRAM DESCRIPTION
Public Law 96-427, the Federal Employees' Group Life
Insurance Act of 1980 requires that all employees under the age
of 65 who separate from the Federal Government for purposes of
retirement on or after January 1, 1990, continue to make
contributions toward their basic life insurance coverage after
retirement until they reach the age of 65. These retirees will
contribute two-thirds of the cost of the basic life insurance
premium, identical to the amount contributed by active Federal
employees for basic life insurance coverage. As with the active
Federal employees, the Government is required to contribute
one-third of the cost of the premium for retirees' basic
coverage. OPM, acting as the payroll office on behalf of
Federal retirees, has requested, and the Committee has
provided, the funding necessary to make the required Government
contribution associated with annuitants' post-retirement life
insurance coverage.
COMMITTEE RECOMMENDATION
The Committee recommends a mandatory appropriation of
$46,000,000 for the Government payment for annuitants, employee
life insurance.
payment to civil service retirement and disability fund
Appropriations, 2008.................................... $11,941,000,000
Budget estimate, 2009................................... 10,550,000,000
Committee recommendation................................ 10,550,000,000
PROGRAM DESCRIPTION
The civil service retirement and disability fund was
established in 1920 to administer the financing and payment of
annuities to retired Federal employees and their survivors. The
fund covers the operation of the Civil Service Retirement
System and the Federal Employees' Retirement System.
This appropriation provides for the Government's share of
retirement costs, transfers of interest on the unfunded
liability and annuity disbursements attributable to military
service, and survivor annuities to eligible former spouses of
some annuitants who did not elect survivor coverage.
COMMITTEE RECOMMENDATION
The Committee recommends a mandatory appropriation of
$10,550,000,000 for payment to the civil service retirement and
disability fund.
Office of Special Counsel
SALARIES AND EXPENSES
Appropriations, 2008.................................... $17,468,000
Budget estimate, 2009................................... 17,468,000
Committee recommendation................................ 17,468,000
PROGRAM DESCRIPTION
The U.S. Office of Special Counsel [OSC] was first
established on January 1, 1979. From 1979 until 1989, it
operated as an autonomous investigative and prosecutorial arm
of the Merit Systems Protection Board (the Board). In 1989,
Congress enacted the Whistleblower Protection Act (Public Law
101-12), which made OSC an independent agency within the
executive branch. In 1994, the Uniformed Services Employment
and Reemployment Rights Act (Public Law 103-353) became law. It
defined employment-related rights of persons in connection with
military service, prohibited discrimination against them
because of that service, and gave OSC new authority to pursue
remedies for violations by Federal agencies.
OSC investigates Federal employee allegations of prohibited
personnel practices with an emphasis on protecting Federal
Government whistleblowers, and, when appropriate, prosecutes
cases before the Merit Systems Protection Board and enforces
the Hatch Act. OSC also provides a channel for whistleblowing
by Federal employees, and may transmit allegations of reprisal
to whistleblowing to the agency head concerned and require an
agency investigation and a report to Congress and the President
when appropriate.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $17,468,000
for the Office of Special Counsel. This amount is the same as
the budget request and is the same as the fiscal year 2008
enacted level.
The Committee strongly urges the OSC to work with
whistleblower advocacy organizations to promote the highest
level of confidence in the Whistleblower Protection Act and the
OSC. The Committee acknowledges that OSC continues to
experience growth in its caseload, as a result of heightened
awareness of the Hatch Act stemming from media focus on several
high-profile cases, a more vigorous focus on complaints under
the Uniformed Services Employment and Reemployment Rights Act,
and actions under the Whistleblower Protection Act.
Postal Regulatory Commission
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2008...........................\1\($14,985,000)<greek-e>
Budget estimate, 2009................................... 14,043,000
Committee recommendation................................ 14,043,000
\1\The Postal Accountability and Enhancement Act (Public Law 109-435,
sec. 603(a)) authorizes appropriations for the Commission out of the
off-budget Postal Service Fund beginning in fiscal year 2009. Prior to
fiscal year 2009, the United States Postal Service Board of Governors
determined the budget of the Commission.
---------------------------------------------------------------------------
PROGRAM DESCRIPTION
The Postal Regulatory Commission is an independent agency
that has exercised regulatory oversight over the United States
Postal Service [USPS] since its creation by the Postal
Reorganization Act of 1970. For over three decades, that
oversight consisted primarily of conducting public, on-the-
record hearings concerning proposed rates, mail classification,
and major service changes, and recommended decisions for action
to the Postal Service Board of Governors.
The Postal Accountability and Enhancement Act [PAEA]
(Public Law 109-435) assigned significant new responsibilities
to the Commission. These enhanced authorities include providing
regulatory oversight of the pricing of USPS products and
services, ensuring USPS transparency and accountability,
consulting on delivery service standards and performance
measures, consulting on international postal policies,
preventing cross-subsidization or other anticompetitive postal
practices, and serving as a forum to act on complaints with
postal products and services. The Commission provides
leadership and recommends policies that foster a robust and
viable postal system.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation, out of the
Postal Fund, of $14,043,000 for the Postal Regulatory
Commission. This amount is the same as the budget request, and
$942,000 below the fiscal year 2008 funding level. The funds
will support 74 FTEs and enable the Commission to conduct a
comprehensive review of the universal service obligation and
the postal monopoly, a financial review of the Postal Service
report on costs, revenues, rates, and services, and a financial
review of the Postal Service compliance with section 404 of the
Sarbanes-Oxley Act.
Privacy and Civil Liberties Oversight Board
SALARIES AND EXPENSES
Appropriations, 2008.................................... $2,000,000
Budget estimate, 2009................................... 2,000,000
Committee recommendation................................ 2,000,000
PROGRAM DESCRIPTION
Recommended by the July 22, 2004 report of the National
Commission on Terrorist Attacks Upon the United States (the 9/
11 Commission), the Privacy and Civil Liberties Oversight Board
[PCLOB] was originally established through the Intelligence
Reform and Terrorism Prevention Act of 2004 (Public Law 108-
458). The PCLOB was made a component of the White House Office
within the Executive Office of the President.
Under the Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110-53), the PCLOB was
reconstituted as an independent agency within the Executive
Branch. The mission of the PCLOB is to (1) analyze and review
actions the Executive Branch takes to protect the Nation from
terrorism, ensuring that the need for such actions is balanced
with the need to protect privacy and civil liberties; and (2)
ensure that liberty concerns are appropriately considered in
the development and implementation of laws, regulations, and
policies related to efforts to protect the Nation against
terrorism.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $2,000,000 for
the PCLOB. The Committee strongly supports the mission of the
PCLOB. The Committee notes that the former Board ceased to
functionally exist after January 30, 2008. The Committee is
concerned that the new PCLOB has not yet been reconstituted and
staffed as required by Public Law 110-53. The Committee urges
the PCLOB, once it is reconstituted, to promptly provide a
detailed budget justification to the Committee.
Securities and Exchange Commission
SALARIES AND EXPENSES
Appropriations, 2008.................................... $906,000,000
Budget estimate, 2009................................... 913,000,000
Committee recommendation................................ 938,000,000
PROGRAM DESCRIPTION
The Securities and Exchange Commission [SEC] is an
independent agency responsible for administering many of the
Nation's laws regulating the areas of securities and finance.
The mission of the SEC is to administer and enforce Federal
securities laws in order to protect investors, maintain fair,
honest, and efficient markets, and promote capital formation.
This includes ensuring full disclosure of financial
information, regulating the Nation's securities markets, and
preventing and policing fraud and malpractice in the securities
and financial markets. The strength of the American economy and
our Nation's financial markets is dependent upon investors'
confidence in the financial disclosures and statements released
by publicly traded companies.
The Committee is concerned that American investors may be
unwittingly investing in companies with ties to countries that
sponsor terrorism or are linked to human rights violations. The
Committee believes that a company's association with sponsors
of terrorism and human rights abuses, no matter how large or
small, can have a materially adverse result on a public
company's operations, financial condition, earnings, and stock
prices, all of which can negatively affect the value of an
investment. In order to protect American investors' savings and
to disclose these business relationships to investors, an
Office of Global Security Risk was established within the
Division of Corporation Finance. The Committee expects the work
of the Office to remain a high priority during fiscal year 2009
and directs the SEC to continue to submit quarterly reports on
its activities.
The Committee expects the SEC to implement key controls to
effectively safeguard the confidentiality, integrity, and
availability of its financial and sensitive information and
systems.
The Committee encourages the SEC to continue its efforts to
improve the timeliness of disbursement of funds to investors
victimized by securities fraud. The Committee applauds the
SEC's efforts to establish a specialized office devoted to
ensuring that funds are promptly disbursed and install a new
computer system to simplify the tracking, collection, and
distribution of assessed penalties.
The Committee is pleased that the SEC has made strides to
simplify complex information and improve electronic public
access to investment information through interactive data
systems.
With the markets experiencing a steady increase in the
number of complex securities products and market participants
and in light of problems plaguing the credit markets as a
result of subprime lending, it is imperative that our Nation's
top securities regulator has the resources to effectively meet
its mandate. The Committee is disappointed that the President's
budget falls short as it provides for 378 fewer employees than
in 2005 when the SEC received additional funding due to Enron
and other corporate scandals and almost 100 less full-time
employees than provided for in fiscal year 2008. As the SEC
intensifies its oversight of credit rating agencies in response
to issues involving structured finance instruments, the SEC
must have sufficient staff to evaluate the performance of new
regulations and the quality of information that is available to
investors. Staffing shortfalls impact the SEC's ability to
ensure adequate supervision of market participants and promote
and sustain public confidence in the integrity of our capital
markets.
The Committee is aware that a petition was filed with the
Commission on September 18, 2007, calling for the issuance of
an interpretative release clarifying the application of
existing law to the disclosure of risks associated with climate
change. The Commission is encouraged to give prompt
consideration to this petition and to provide guidance on the
appropriate disclosure of climate risk.
COMMITTEE RECOMMENDATION
The Committee recommends a total budget (obligational)
authority of $938,000,000 for the salaries and expenses of the
SEC, including $890,000,000 from new fee collections and
$48,000,000 from prior year balances. This total funding level
is $32,000,000 above the fiscal year 2008 enacted level and
$25,000,000 above the budget request, to allow the SEC to begin
to address staffing shortfalls.
Selective Service System
SALARIES AND EXPENSES
Appropriations, 2008.................................... $22,000,000
Budget estimate, 2009................................... 22,000,000
Committee recommendation................................ 22,000,000
PROGRAM DESCRIPTION
The Selective Service System [SSS] is an independent
Federal agency, operating with permanent authorization under
the Military Selective Service Act (50 U.S.C. App. 451 et
seq.). The agency is not part of the Department of Defense
[DOD], but its basic mission 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. However, the Selective Service
System remains the primary vehicle by which personnel will be
brought into the military if Congress and the President should
authorize a return to the draft.
In December 1987, Selective Service was tasked by law
(Public Law 100-180, sec. 715) to develop plans for a post-
mobilization health care personnel delivery system capable of
providing the necessary critically skilled healthcare personnel
to the Armed Forces in time of emergency. An automated system
capable of handling mass registration and inductions is now
complete, together with necessary draft legislation, a draft
Presidential proclamation, prototype forms and letters, and
other products. These products will be available should the
need arise. The development of supplemental standby products,
such as a compliance system for health care personnel,
continues using very limited existing resources.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $22,000,000
for the Selective Service System. This amount is the same as
the budget request and the same as the fiscal year 2008 enacted
level. The Committee encourages the System to continue the
development of its Central Registrant Processing Portal
Initiative, and to improve the cost effectiveness of the
registration process by continuing to increase the percentage
of electronic and automatic registrations.
The Committee is concerned that the Service recently
experienced compliance problems under 31 U.S.C. 1341, but is
encouraged that the Service has taken steps to correct the
situation. The Committee urges the Service to exercise
heightened diligence in its budgetary management controls to
avoid any recurring issues in this area.
Small Business Administration
Appropriations, 2008.................................... $568,988,000
Budget estimate, 2009................................... 658,508,000
Committee recommendation................................ 765,798,000
The Committee recommendation provides $765,798,000 for the
Small Business Administration [SBA]. The recommendation is
$196,810,000 above the fiscal year 2008 enacted level and
$107,290,000 over the budget request. Funding is distributed
among the SBA appropriation accounts as described below.
SALARIES AND EXPENSES
Appropriations, 2008.................................... $413,574,000
Budget estimate, 2009................................... 328,159,000
Committee recommendation................................ 447,250,000
The Committee recommendation provides $447,250,000. The
recommendation is $33,676,000 above the fiscal year 2008
enacted level and $119,091,000 above the budget request.
Within the amounts made available under this heading, the
Committee recommends grants for the following organizations and
programs:
----------------------------------------------------------------------------------------------------------------
Account Description Amount
----------------------------------------------------------------------------------------------------------------
SBA.......................................... Adelante Development Center for its ACCENT $250,000
School-to-Work Transition Program,
Albuquerque, NM.
SBA.......................................... Alaska Manufacturing Extension Partnership, 1,100,000
Inc., for a rural Alaska e-commerce training
project, Anchorage, AK.
SBA.......................................... Albuquerque Hispano Chamber of Commerce 245,000
workforce training, Albuquerque, NM.
SBA.......................................... Alcorn State University for a Systems Research 600,000
Institute, Alcorn State, MS.
SBA.......................................... Appalachian State University to study the 750,000
effects of economic growth resulting from
viticulture and agritourism in western North
Carolina, Boone, NC.
SBA.......................................... Association of Vermont Credit Unions, Student 145,000
financial literacy, Burlington, VT.
SBA.......................................... Business and infrastructure development, Mingo 3,500,000
County Redevelopment Authority, Williamson,
WV.
SBA.......................................... Business incubator, Arkansas Biosciences 520,000
Institute, Arkansas State University.
SBA.......................................... Cedarbridge small business incubator, 245,000
Lakewood, NJ.
SBA.......................................... Center for Economic Growth, Watervliet 300,000
Innovation Center, Albany, NY.
SBA.......................................... City of Baton Rouge, Louisiana, Small business 225,000
investment initiative for technical
assistance to business enterprises.
SBA.......................................... City of San Diego, CA, One-stop small business 100,000
resource center.
SBA.......................................... Colorado Enterprise Fund for operating 245,000
expenses and technical assistance to
borrowers, Denver, CO.
SBA.......................................... Colorado State University Sustainable Biofuels 250,000
Development Center, Fort Collins, CO.
SBA.......................................... Community Links Hawaii for planning and 250,000
development of Oahu Technology and Innovation
Park, Oahu, HI.
SBA.......................................... E\4\ Entrepreneurship for immigrants, 100,000
minorities, women, and people with
disabilities in southwest King County, WA.
SBA.......................................... Eastern Washington University, Accelerating 200,000
economic development in rural, underserved
communities of NE Washington.
SBA.......................................... Economic development assistance for Wells, NV. 640,000
SBA.......................................... Economic Development for Central Oregon, Bend 245,000
Venture Catalyst, Bend, OR.
SBA.......................................... Economic Development Training Program, Camden, 100,000
NJ.
SBA.......................................... Entrepreneurial Development Center business 350,000
accelerator, Cedar Rapids, IA.
SBA.......................................... First responder education initiative, 500,000
Benedictine University, Lisle, IL.
SBA.......................................... Florida Institute of Technology , Florida 245,000
Advanced Combustion Center.
SBA.......................................... Grambling State University, Expanding Minority 250,000
Entrepreneurship Regionally Across the
Louisiana Delta [EMERALD] program.
SBA.......................................... Grays Harbor sustainable industries research 450,000
and development facility and incubator, Port
of Grays Harbor, Aberdeen, WA.
SBA.......................................... Grow Inglewood, small business development, 450,000
Inglewood, CA.
SBA.......................................... Indiana University, Indiana innovation 245,000
incubator, Bloomington, IN.
SBA.......................................... International Trade Compliance in Agra- 225,500
Business, Wichita, KS.
SBA.......................................... Jackie Joyner-Kersee Center for job training 310,000
and placement services, East St. Louis, IL.
SBA.......................................... Jackson State University for Lynch Street 600,000
Corridor Redevelopment, Jackson, MS.
SBA.......................................... Kansas Bioscience Authority for the Kansas 550,000
Small Business Biobased Polymer Initiative,
Olathe, KS.
SBA.......................................... Kansas Farm Bureau for the Kansas Hometown 300,000
Prosperity Alliance, Manhattan, KS.
SBA.......................................... Macomb County business accelerator, Macomb 400,000
County, MI.
SBA.......................................... Massachusetts Technology Collaborative 260,000
Renewable Energy Economic Development Center,
Boston, MA.
SBA.......................................... Mississippi Biotechnology Association for a 500,000
Feasibility Study and Capacity Building,
Jackson, MS.
SBA.......................................... Mississippi State University for Convergence 600,000
of Scientists and Entrepreneurs to Expedite
Commercialization [SCEEC], Starkville, MS.
SBA.......................................... Mississippi Technology Alliance for the Center 600,000
for Innovation and Entrepreneurial Services,
Jackson, MS.
SBA.......................................... Missouri Western State University for the 1,000,000
Biotechnology Mobile Workforce Development
Center, St. Joseph, MO.
SBA.......................................... Montana Department of Commerce, for technical 520,000
assistance and operating expenses of the
Native American and WIRED program.
SBA.......................................... Montgomery County Action Council for the 500,000
development of economic growth and the
recruitment of small businesses,
Independence, KS.
SBA.......................................... Myrtle Beach International Trade & Convention 1,000,000
Center, Myrtle Beach, SC.
SBA.......................................... National Center for Aviation Training for a 500,000
Technical Education and Training, Wichita, KS.
SBA.......................................... Native Hawaiian Organizations Association, 300,000
Entrepreneurial Development & Government
Procurement Center, Honolulu, HI.
SBA.......................................... Nebraska Community Foundation, HomeTown 300,000
Competitiveness, Lincoln, NE.
SBA.......................................... New Castle County Chamber of Commerce, 520,000
Emerging Enterprise Center, business
incubator, DE.
SBA.......................................... North Dakota State College of Science, 375,000
Nanotechnology Applied Science Laboratory.
SBA.......................................... Northern Community Development Corporation, 300,000
Northeast Kingdom [NEK] wireless LINC, VT.
SBA.......................................... Northern Kentucky University's College of 2,000,000
Informatics, Highland Heights, KY.
SBA.......................................... Ohio University, Economic Development through 245,000
Entrepreneurship in Appalachia [EDEA].
SBA.......................................... Pellissippi Research Centre on the Oak Ridge 700,000
Corridor, Alcoa, TN.
SBA.......................................... Pittsburgh Life Sciences Greenhouse, Tech Belt 245,000
Biosciences Initiative, Pittsburgh, PA.
SBA.......................................... ReCycle North, Green-collar enterprise 100,000
program, Burlington, VT.
SBA.......................................... Rhode Island Rural Development Council and 350,000
Farm Fresh Rhode Island, for Rhode Island
small business development.
SBA.......................................... Rural Economic Area Partnership [REAP] Zones, 250,000
Rugby, ND.
SBA.......................................... Rural Enterprise Institute's Native American 500,000
Rural Business and Resource Center at Eastern
Oklahoma State College, Wilburton, OK.
SBA.......................................... Safer Foundation for transitional employment 500,000
placement, Chicago, IL.
SBA.......................................... Small Business and Economic Opportunity 375,000
Office, Essex County, NJ.
SBA.......................................... Small business green development, City of East 245,000
Providence, RI.
SBA.......................................... Small business trade assistance office, Prince 100,000
George's County, MD.
SBA.......................................... South Dakota State University, technology- 475,000
based economic development.
SBA.......................................... Southern Illinois University for the Southern 500,000
Illinois Research Park, Carbondale, IL.
SBA.......................................... Southwestern Pennsylvania Advanced Robotics 700,000
Business Accelerator, Pittsburgh, PA.
SBA.......................................... St. Leo Residence for Veterans for job 500,000
training, Catholic Charities, Chicago, IL.
SBA.......................................... TechTown Small Business Clinic, Wayne State 175,000
Law School.
SBA.......................................... University of Connecticut Avery Point, 120,000
business incubator, Groton, CT.
SBA.......................................... University of Connecticut Health Center 325,000
business incubator, Farmington, CT.
SBA.......................................... University of Kansas for Equipment for 450,000
Pharmaceutical Small Business Development,
Kansas City, KS.
SBA.......................................... University of Kansas Hospital for Medical 700,000
Faculty Small Business Development, Kansas
City, KS.
SBA.......................................... University of Maryland--Baltimore BioPark..... 450,000
SBA.......................................... University of Massachusetts Dartmouth, 260,000
Advanced Technical and Manufacturing Center
business incubator, Fall River, MA.
SBA.......................................... University of Southern Mississippi for Early 600,000
Stage Entrepreneur Development, Hattiesburg,
MS.
SBA.......................................... University of Wisconsin--Milwaukee, University- 300,000
industry partnership to foster rapid
development of businesses in water industries.
SBA.......................................... University Technology Park, Illinois Institute 500,000
of Technology, Chicago, IL.
SBA.......................................... Virginia's Center for Innovative Technology, 250,000
Mine safety technology and communication
improvements, Herndon, VA.
SBA.......................................... Washington Hancock Community Agency for a 250,000
Microbusiness Assistance Program, Milbridge,
ME.
SBA.......................................... World Trade Center Utah Partnership 400,000
Initiative, Salt Lake City, UT.
----------------------------------------------------------------------------------------------------------------
Within the amounts made available under this heading, the
Committee recommendation provides $160,257,000 for the SBA non-
credit business assistance programs. The recommendation is
$49,240,000 above the budget request and $19,311,000 above the
2008 enacted level.
The Committee recommendations for non-credit business
assistance, by program, are displayed in the following table:
NON-CREDIT BUSINESS ASSISTANCE PROGRAMS
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Small Business Development Centers.................... 110,000
Drug-free Workplace Grants............................ 1,020
SCORE................................................. 5,120
Women's Business Centers.............................. 13,450
Women's Business Council.............................. 775
Microloan Technical Assistance........................ 20,000
Veterans Programs..................................... 1,200
PRIME................................................. 3,105
Native American Outreach.............................. 1,033
7(j) Technical Assistance............................. 2,380
HUBZone............................................... 2,174
-----------------
Total, Non-credit Business Assistance Programs.. 160,257
------------------------------------------------------------------------
The Committee continues to support the Small Business
Development Center [SBDC] Program. Of the amounts provided for
the SBDC program, $1,000,000 is for the Veterans Assistance and
Services Program as authorized by Public Law 110-186 and
$1,000,000 is for the Small Business Energy Efficiency Program
as authorized by Public Law 110-140. The Committee directs SBA
to keep the Committee apprised of funding provided under these
two programs for fiscal years 2008 and 2009.
The Committee provides $1,200,000 for veterans programs, an
increase of $457,000 above both the budget request and the
fiscal year 2008 enacted level to support additional grants to
veterans business outreach centers. When determining the
allocation of the additional funding, the Committee encourages
SBA to consider centers with significant experience in
conducting outreach to veterans, including those previously
receiving Federal funding.
The Committee provides funds above the request to hire two
additional staff in support of the agency-wide effort to
modernize SBA's loan management and accounting systems. The
Committee is encouraged by SBA's efforts towards modernizing
the agency's core systems. Current systems are outdated and
limit capabilities, and new systems are needed to enhance the
management of SBA's $85,000,000,000 loan portfolio. However,
the Committee is concerned with the risk inherent in such a
relatively large acquisition and the extent of reliance on
contractor assistance. Additional funding is provided to hire
one new staff within the Office of the Chief Financial Officer
who shall be dedicated exclusively to quality assurance and
contractor oversight for the loan management and accounting
system and to hire one new executive-level staff who shall be
dedicated exclusively to agency-wide management, coordination,
and implementation of the new system. The Committee directs the
agency to continue consultations with other Federal agencies
regarding best practices involving design, acquisition, and
implementation of new systems and regarding contractor
oversight. SBA shall submit a quarterly written report to the
Committee on Appropriations summarizing the agency's progress
regarding the modernization effort, including milestones
planned and achieved and progress on cost and schedule.
The Committee is concerned with deficiencies in SBA's
oversight of supervised lenders, as detailed in a report from
the SBA Inspector General [IG]. Lending is a core function of
the SBA, and proper oversight is key to adequately protecting
taxpayer dollars. The Committee urges SBA to implement the IG
recommendations, particularly regarding the establishment of
risk mitigation goals and the development of standard
procedures and guidance to ensure that enforcement is
sufficiently aggressive and consistent.
SBA shall submit a report to the Committee on
Appropriations within 270 days of enactment on the Microloan
program. The report shall include information regarding the
program's outcome measures, the number and dollar amount of
lending, borrower profiles, performance of loans, income growth
and improved sustainability of businesses benefiting from the
program, job creation resulting from the program, and potential
unmet need in the program. The report shall also address
performance of program participants, such as intermediaries and
non-lending technical assistance providers, and steps SBA has
taken to implement recommendations of the 2003 report from the
SBA Inspector General, particularly regarding the enforcement
of reporting requirements in the Microloan program.
The Committee encourages SBA to consider options for
donating, or offering at discounted prices, used equipment,
including computers, for appropriate use by small businesses
located in the United States. The Committee directs SBA to
report to the Committee on Appropriations within 270 days after
enactment on potential plans for such donations.
The Committee directs the SBA Office of Advocacy to conduct
a study on broadband penetration levels and payment of
broadband services among small businesses in the United States.
The Committee directs the SBA to provide a preliminary report
to the Committee on Appropriations within 180 days of enactment
and a final report within 1 year of enactment.
OFFICE OF INSPECTOR GENERAL
Appropriations, 2008.................................... $15,000,000
Budget estimate, 2009................................... 15,500,000
Committee recommendation................................ 15,500,000
The Committee recommendation provides $15,500,000 for the
Office of Inspector General. The recommendation is $500,000
above the fiscal year 2008 enacted level and the same as the
budget request.
The Committee directs the Inspector General to continue
routine analysis and reporting on SBA's modernization of its
loan management and accounting systems, including acquisition,
contractor oversight, implementation, and progress regarding
budget and schedule.
SURETY BOND GUARANTEES REVOLVING FUND
Appropriations, 2008.................................... $3,000,000
Budget estimate, 2009................................... 2,000,000
Committee recommendation................................ 2,000,000
The Committee recommendation provides $2,000,000. The
recommendation is $1,000,000 below the fiscal year 2008 enacted
level and the same as the budget request.
BUSINESS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2008.................................... $137,414,000
Budget estimate, 2009................................... 138,480,000
Committee recommendation................................ 140,980,000
The Committee recommendation provides $140,980,000. The
recommendation is $3,566,000 above the fiscal year 2008 enacted
level and $2,500,000 above the budget request.
The recommendation provides $138,480,000 for administrative
expenses, which may be transferred to and merged with SBA
salaries and expenses to cover the common overhead expenses
associated with the business loans programs.
The recommendation provides $2,500,000 for the Microloan
direct loan program. The Committee is concerned with the
administration's request to increase the fees paid by small
businesses seeking assistance under the Microloan program in
order to eliminate Federal spending on the Microloan program.
DISASTER LOANS PROGRAM ACCOUNT
Appropriations, 2008....................................................
Budget estimate, 2009................................... $174,369,000
Committee recommendation................................ 160,068,000
The Committee provides $160,068,000 for necessary
administrative expenses of the Disaster Loans program. Any
direct loan subsidies required in fiscal year 2009 will be
derived from available unobligated balances. As always, SBA is
urged to seek out emergency funding in the event of a disaster
requiring loan assistance.
ADMINISTRATIVE PROVISIONS
Section 520 continues a provision concerning transfer
authority and availability of funds.
Section 521 provides that all disaster loans issued in
Alaska or North Dakota shall not be sold.
Section 522 prohibits the Small Business Administration
from implementing a proposed rule that would limit the use of
sole-source contracts for women-owned small businesses to only
four industries.
Section 523 provides for a transfer of previously
appropriated funds into the account for salaries and expenses.
HARRY S. TRUMAN SCHOLARSHIP FOUNDATION
Appropriations, 2008....................................................
Budget estimate, 2009...................................................
Committee recommendation................................ $500,000
PROGRAM DESCRIPTION
The Harry S. Truman Scholarship Foundation is an
independent agency established by Congress in 1975 (Public Law
93-642) to encourage exceptional college students to pursue
careers in public service through the Truman Scholarship
program. The Truman Scholarship is a merit-based award
available to college juniors who plan to pursue careers in
Government or elsewhere in public service. Truman Scholars
receive up to $30,000 for graduate or professional school,
participate in leadership development activities, and have
special opportunities for internships and employment with the
Federal Government.
The Foundation Trust Fund was established with a one-time
$30,000,000 appropriation in 1976. The authorizing legislation
directed that this endowment be invested solely in U.S.
Treasury Securities, the interest from which has funded the
Foundation's operating budget. With the decline in interest
rates, the Foundation has experienced a significant decline in
Federal financial support. From fiscal year 2002 to fiscal year
2009, despite having cut expenditures by 27 percent, annual
trust fund revenue has declined 25 percent. The Foundation
anticipates a budget deficit of $243,220 for fiscal year 2009
if appropriations are not provided.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $500,000 for
the Harry S. Truman Scholarship Foundation. No funding was
provided in fiscal year 2008 or in the budget request. The
appropriation is provided to offset the decline in trust fund
revenues, to increase direct financial support to scholars, to
ensure compliance with government audit reporting requirements,
and to invest in technology and financial development
activities. The Committee includes a provision clarifying
findings necessary to invest the Truman Scholarship Trust Fund
in par value special Treasury securities.
United States Postal Service
PAYMENT TO THE POSTAL SERVICE FUND
Appropriations, 2008.................................... $117,864,000
Budget estimate, 2009................................... 82,831,000
Committee recommendation................................ 111,831,000
PROGRAM DESCRIPTION
The Post Office dates back to 1775. It became the Postal
Service in 1971 as an independent establishment of the
executive branch of the United States Government. The Postal
Service's basic function and obligation is to provide postal
services to bind the Nation together through the personal,
educational, literary, and business correspondence of the
people. Its mission is to provide prompt, reliable, and
efficient services to patrons in all areas and render postal
services to all communities.
COMMITTEE RECOMMENDATION
The Committee recommends appropriations totaling
$111,831,000 for payment to the Postal Service Fund, an
increase of $29,000,000 above the budget request and $6,033,000
below the fiscal year 2008 enacted level.
This amount includes $29,000,000 for revenue forgone on
free and reduced-rate mail pursuant to 39 U.S.C. 2401(d). The
recommendation also includes $82,831,000 as an advance
appropriation for fiscal year 2010, which includes $67,526,000
for 2009 costs and $15,305,000 for 2006 reconciliation
adjustments.
Revenue forgone on free and reduced-rate mail enables
postage rates to be set at levels below the unsubsidized rates
for certain categories of mail as authorized by subsections (c)
and (d) of section 2401 of title 39, United States Code. Free
mail for the blind and overseas voters will continue to be
provided at the funding level recommended by the Committee.
The Committee includes provisions in the bill that would
assure that mail for overseas voting and mail for the blind
shall continue to be free; that 6-day delivery and rural
delivery of mail shall continue without reduction; and that
none of the funds provided be used to consolidate or close
small rural and other small post offices in fiscal year 2009.
These are services that must be maintained in fiscal year 2009
and beyond.
The Committee believes that 6-day mail delivery is one of
the most important services provided by the Federal Government
to its citizens. Especially in rural and small town America,
this critical postal service is the linchpin that serves to
bind the Nation together.
Mail Delivery in Chicago.--The Committee is encouraged by
survey reports released in June 2008 indicating improvements in
first-class mail delivery in Chicago, Illinois, and
acknowledges the comprehensive review and changes instituted by
the Postmaster General to upgrade postal operations and improve
customer service. The Committee will continue to closely follow
the Postal Service's management reform initiatives in order to
secure and sustain the highest level of mail delivery service
for postal consumers in Chicago.
Postal Facility Restoration in Louisiana.--The Committee
strongly encourages the Postal Service to expedite its efforts
to assess service needs, reestablish postal facilities, improve
mail delivery, and enhance product and service offerings to
customers in New Orleans and other Louisiana communities
affected by Hurricanes Katrina and Rita which struck the Gulf
Coast in 2005. The Committee commends the Postal Service's
announced plans to restore retail facilities in Lakeview,
Gentilly, and Chef Manteur districts by the end of 2008, and
urges the Postal Service to keep pace with the needs of its
residential and business customers as the communities rebuild.
Mail-Related Recycling Initiatives.--In 2006, the Postal
Service discarded approximately 317,000 tons of undeliverable-
as-addressed advertising mail. Such mail can be disposed of
using incinerators, landfills, and other methods. As the
Government Accountability Office recently reported, recycling
undeliverable advertising mail and mail discarded by customers
in postal facility lobbies provides the Postal Services with a
means to generate substantial revenues, significantly reduce
its waste disposal costs, and improve its financial position.
The Committee understands that the Postal Service and the
mailing industry have undertaken a variety of initiatives to
increase the recycling of mail-related material and the amount
of mail with environmentally preferable attributes, such as
recycled paper. For example, the Postal Service has established
annual goals to increase its revenue from mail-related
recycling from $7,500,000 in fiscal year 2007 to $40,000,000 in
fiscal year 2010 and has conducted a pilot recycling program in
New York City. The Committee strongly urges the Postal Service
to seek additional savings resulting from lower waste disposal
costs which accompany increased recycling. The Committee
encourages the Postal Service to routinely examine the cost,
feasibility, and mission compatibility of other opportunities
to fulfill its commitment to minimize the agency's impact on
every aspect of the environment and demonstrate its commitment
to environmental stewardship.
Consolidation of Mail Processing Facilities.--The Committee
remains concerned about the findings of a Government
Accountability Office [GAO] report released in June 2007, as
well as GAO testimony before Congress in July 2007, that raise
serious questions about the United States Postal Service's mail
realignment efforts, including unclear criteria for selecting
facilities and for making decision about area mail processing
[AMP] consolidations, and a lack of appropriate stakeholder and
public input when considering potential consolidations. The
Committee awaits a GAO report on its evaluation of Postal
Service reports providing updated AMP guidance on
communications with the public and on a Facilities Plan. The
Committee is aware that the Postal Service has decided not to
proceed with AMPs in Aberdeen, South Dakota and Yakima,
Washington. The Committee directs the Postal Service not to
proceed with the Sioux City, Iowa AMP until after the GAO has
reported to Congress and the Committee has had an opportunity
to review GAO's findings.
Emergency Preparedness.--Congress appropriated funds in
fiscal year 2005 for the Postal Service's use for a mail
treatment facility in Washington, DC, in the aftermath of the
anthrax attacks using the U.S. mail. In fiscal year 2008, the
Committee directed the Comptroller General to assess the status
of the treatment process, including the cost of the treatment;
the volume of treated mail and how it has changed over time;
and the extent of delays in mail delivery as a result of the
treatment step and how they have changed over time. That GAO
study is underway. The Committee has learned that none of the
funds designated for the facility construction have been spent.
The Committee understands that the Postal Service expects to
issue a solicitation for a new irradiation services contract
later this year, and does not expect to make a final decision
on the use of the funding until the solicitation process is
concluded in early 2009. Once the solicitation process is
concluded, the Committee directs the Postal Service to keep the
Committee promptly and regularly informed on its treatment
processes and to consult with the Committee on its future plans
for securing mail irradiation services, including costs.
United States Postal Service
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2008...................................\1\($233,440,000)
Budget estimate, 2009................................... 239,356,000
Committee recommendation................................ 239,356,000
\1\The Postal Accountability and Enhancement Act (Public Law 109-435,
sec. 603(b)(3)) authorizes appropriations for the Postal Service
Inspector General out of the off-budget Postal Service Fund beginning in
fiscal year 2009. Prior to fiscal year 2009, the United States Postal
Service Board of Governors determined the budget of the Postal Service
Office of Inspector General.
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PROGRAM DESCRIPTION
The United States Postal Service [USPS] Office of Inspector
General [OIG] is an independent organization established in
1996 and charged with reporting to Congress on the overall
efficiency, effectiveness, and economy of USPS programs and
operations. The OIG plays a key role in maintaining the
integrity and accountability of America's postal service, its
revenue and assets, and its employees. The OIG meets this
responsibility by conducting and supervising objective and
independent audits, investigations, and other reviews. In
fiscal year 2007, the OIG identified potential financial impact
on Postal Service operations of nearly $1,970,000,000,
recovered over $24,000,000 to the Postal Service, and
identified over $150,000,000 in workers' compensation program
cost avoidance. These results were identified by conducting
over 300 audits and over 7,000 investigations.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation, out of the
Postal Fund, of $239,356,000 for the United States Postal
Service Office of Inspector General. This amount is the same as
the budget request, and $5,916,000 above the fiscal year 2008
funding level. The funds will support 1,194 FTEs and enable the
Office of Inspector General to concentrate on its fiscal year
2009 priorities of completing over 350 audits and 7,800
investigative cases and 100 percent of mandated audits, and
referring over 5,500 fraud, waste, or abuse investigative cases
for criminal prosecution, civil litigation, or administrative
action, as well as focus on Postal Service high risk areas.
United States Tax Court
salaries and expenses
Appropriations, 2008.................................... $45,326,000
Budget estimate, 2009................................... 48,463,000
Committee recommendation................................ 48,463,000
PROGRAM DESCRIPTION
The U.S. Tax Court is an independent judicial body in the
legislative branch established in 1969 under Article I of the
Constitution of the United States. The Court was created to
provide a national forum for the resolution of disputes between
taxpayers and the Internal Revenue Service, resolve cases
expeditiously while giving careful consideration to the merits
of each matter, and ensure the uniform interpretation of the
Internal Revenue Code. The matters over which the Court has
jurisdiction are set forth in various sections of title 26 of
the United States Code.
The court is composed of 19 judges, one of whom the judges
elect as chief judge. In their judicial duties the judges are
assisted by senior judges, who participate in the adjudication
of regular cases, and by special trial judges, who hear small
tax cases and certain regular cases assigned to them by the
chief judge.
The court conducts trial sessions throughout the United
States, including Hawaii and Alaska. Decisions by the court are
reviewable by the U.S. Courts of Appeals and, if certiorari is
granted, by the Supreme Court.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $48,463,000
for the U.S. Tax Court. This amount is the same as the budget
request and $3,137,000 above the fiscal year 2008 enacted
level. The Committee notes that the increased funding is
expected to help the Tax Court comply with the Court Security
Act of 2007 (Public Law 110-177) which authorizes the United
States Marshals Service to provide protective services to the
Tax Court at the same level as such services are provided to
other Federal Courts on a reimbursable basis. This level of
protection includes the presence of United States Marshals
Service security personnel in courtrooms where the Tax Court
presides. In addition, the funds will enable the Tax Court to
fill necessary staff vacancies to fulfill its statutory
mission.
STATEMENT CONCERNING GENERAL PROVISIONS
The Financial Services and General Government appropriation
bill includes general provisions which govern both the
activities of the agencies covered by the bill, and, in some
cases, activities of agencies, programs, and general government
activities that are not covered by the bill.
The bill contains a number of general provisions that have
been carried in this bill for years and which are routine in
nature and scope. General provisions in the bill are explained
under this section of the report. Those general provisions that
deal with a single agency only are shown immediately following
that particular agency's or department's appropriation accounts
in the bill. Those provisions that address activities or
directives affecting all of the agencies covered in this bill
are contained in title VI. General provisions that are
governmentwide in scope are contained in title VII of this
bill. General provisions applicable to the District of Columbia
are contained in title VIII of this bill.
TITLE VI
GENERAL PROVISIONS THIS ACT
Section 601 continues the provision prohibiting pay and
other expenses of non-Federal parties intervening in regulatory
or adjudicatory proceedings funded in this act.
Section 602 continues the provision prohibiting obligations
beyond the current fiscal year and prohibits transfers of funds
unless expressly provided.
Section 603 continues the provision limiting expenditures
for consulting service through procurement contracts where such
expenditures are a matter of public record and available for
public inspection.
Section 604 continues the provision prohibiting funds in
this act to be transferred without express authority.
Section 605 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 (46 Stat.
590).
Section 606 continues the provision prohibiting the use of
funds unless the recipient agrees to comply with the Buy
American Act.
Section 607 continues the provision prohibiting funding for
any person or entity convicted of violating the Buy American
Act.
Section 608 continues and modifies the provision
authorizing the reprogramming of funds and specifies the
reprogramming procedures for agencies funded by this act.
Section 609 continues the provision ensuring that 50
percent of unobligated balances may remain available for
certain purposes.
Section 610 continues the provision restricting the use of
funds for the Executive Office of the President to request
official background reports from the Federal Bureau of
Investigation without the written consent of the individual who
is the subject of the report.
Section 611 continues the provision ensuring that the cost
accounting standards shall not apply with respect to a contract
under the Federal Employees Health Benefits Program.
Section 612 continues the provision referencing non-foreign
area cost of living allowances.
Section 613 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 614 continues a provision on the acceptance by
agencies or commissions funded by this act, or by their
officers or employees, of payment or reimbursement for travel,
subsistence, or related expenses from any person or entity (or
their representative) that engages in activities regulated by
such agencies or commissions.
Section 615 makes technical corrections to changes made in
Public Law 110-161 regarding the dollar coin.
Section 616 enables the United States Tax Court to
implement a provision included in the Pension Protection Act of
2006 (Public Law 109-280) which authorized the payment of
certain group life insurance premiums on behalf of its eligible
judges.
Section 617 allows the Public Company Accounting Oversight
Board to obligate amounts collected from monetary penalties for
the purpose of funding scholarships for accounting students, as
authorized by the Sarbanes-Oxley Act of 2002 (Public Law 107-
204).
Section 618 prohibits the use of funds to enforce a
provision of the Cuban Assets Control Regulations that impedes
sales to Cuba.
Section 619 is a provision relating to travel to Cuba for
commercial sales of agricultural and medical goods.
Section 620 is a provision relating to travel to visit
family in Cuba.
Section 621 continues for 4 fiscal years the provision
prohibiting the use of funds for a proposed rule related to the
determination that real estate brokerage activities are
financial activities.
Section 622 provides authorization for appropriations to
the Christopher Columbus Fellowship Foundation.
Section 623 directs the Federal Trade Commission to conduct
a rulemaking under the Administrative Procedures Act with
respect to subprime mortgage loans and nontraditional mortgage
loans.
TITLE VII
GENERAL PROVISIONS GOVERNMENT-WIDE, DEPARTMENTS, AGENCIES, AND
CORPORATIONS
Section 701 continues the provision requiring agencies to
administer a policy designed to ensure that all of its
workplaces are free from the illegal use of controlled
substances.
Section 702 continues the provision setting specific limits
on the cost of passenger vehicles purchased by the Federal
Government with exceptions for police, heavy duty, electric
hybrid, and clean fuels vehicles.
Section 703 continues the provision allowing funds made
available to agencies for travel to also be used for quarters
allowances and cost-of-living allowances.
Section 704 continues and modifies the provision
prohibiting the government, with certain specified exceptions,
from employing non-U.S. citizens whose posts of duty would be
in the continental United States.
Section 705 continues the provision ensuring that agencies
will have authority to pay the General Services Administration
bills for space renovation and other services.
Section 706 continues the provision allowing agencies to
finance the costs of recycling and waste prevention programs
with proceeds from the sale of materials recovered through such
programs.
Section 707 continues the provision providing that funds
may be used to pay rent and other service costs in the District
of Columbia.
Section 708 continues the provision precluding interagency
financing of groups absent prior statutory approval.
Section 709 continues the provision prohibiting the use of
appropriated funds for enforcing regulations disapproved in
accordance with the applicable law of the United States.
Section 710 continues the provision limiting the pay
increases of certain prevailing rate employees.
Section 711 continues the provision limiting the amount
that can be used for redecoration of offices under certain
circumstances.
Section 712 continues the provision that permits
interagency funding of national security and emergency
preparedness telecommunications initiatives, which benefit
multiple Federal departments, agencies, and entities.
Section 713 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 and
modifies the list of agencies to which the provision does not
apply.
Section 714 continues the provision prohibiting the use of
funds to prevent Federal employees from communicating with
Congress or to take disciplinary or personnel actions against
employees for such communication.
Section 715 continues the provision prohibiting Federal
training not directly related to the performance of official
duties.
Section 716 continues the provision prohibiting the
expenditure of funds for the implementation of agreements in
certain nondisclosure policies unless certain provisions are
included in the policies.
Section 717 continues the provision prohibiting the use of
appropriated funds for publicity or propaganda designed to
support or defeat legislation pending before Congress.
Section 718 continues the provision prohibiting the use of
appropriated funds by an agency to provide home addresses of
Federal employees to labor organizations, absent employee
authorization or court order.
Section 719 continues the provision prohibiting the use of
appropriated funds to provide non-public information such as
mailing or telephone lists to any person or organization
outside of the Government without approval of the Committees on
Appropriations.
Section 720 continues the provision prohibiting the use of
appropriated funds for publicity or propaganda purposes within
the United States not authorized by Congress.
Section 721 continues the provision directing agencies'
employees to use official time in an honest effort to perform
official duties.
Section 722 continues the provision authorizing the use of
current fiscal year funds to finance an appropriate share of
the Federal Accounting Standards Advisory Board administrative
costs.
Section 723 continues the provision authorizing agencies to
transfer funds to or reimburse the Government-wide Policy
account of the General Services Administration to finance an
appropriate share of various government-wide boards and
councils.
Section 724 continues the provision authorizing
breastfeeding at any location in a Federal building or on
Federal property.
Section 725 continues the provision permitting interagency
funding of the National Science and Technology Council, and
requiring an OMB report on the budget and resources of the
Council.
Section 726 continues the provision requiring
identification of the Federal agencies providing Federal funds
and the amount provided for all proposals, solicitations, grant
applications, forms, notifications, press releases, or other
publications related to the distribution of funding to a State.
Section 727 continues the provision prohibiting the use of
funds to monitor personal information relating to the use of
Federal Internet sites.
Section 728 continues the provision regarding contraceptive
coverage under the Federal Employees Health Benefits Plan.
Section 729 continues the provision recognizing the U.S.
Anti-Doping Agency as the official anti-doping agency for
Olympic, Pan American, and Paralympic sports in the United
States.
Section 730 continues the provision allowing departments
and agencies to use official travel funds to participate in the
fractional aircraft ownership pilot programs.
Section 731 continues the provision prohibiting funds for
implementation of OPM regulations limiting detailees to the
legislative branch and placing certain limitations on the Coast
Guard Congressional Fellowship program.
Section 732 continues the provision prohibiting the
expenditure of funds for the acquisition of certain additional
Federal law enforcement training facilities.
Section 733 continues the provision concerning the use of
funds for the ``e-Gov'' initiative that were not appropriated
specifically for that purpose.
Section 734 continues the provision providing funding for
the Midway Atoll Airfield.
Section 735 is a new provision that amends section 739(b)
of the Financial Services and General Government Appropriations
Act, 2008, relating to insourcing of new and contracted out
functions.
Section 736 is a new provision that amends section
739(a)(1) of the Financial Services and General Government
Appropriations Act, 2008, relating to requirements for public-
private competitions.
Section 737 is a new provision that prohibits the use of
funds to begin or announce a study or public-private
competition regarding the conversion to contractor performance
of any function performed by civilian Federal employees
pursuant to Office of Management and Budget Circular A-76 or
any other administrative regulation, directive, or policy. The
provision is a 1-year moratorium on new A-76 studies so that
the new Administration may have an opportunity to review and
develop Federal workforce policies.
Section 738 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 2009 shall be an increase of 3.9 percent.
Section 739 continues a provision that prohibits executive
branch agencies from creating or funding prepackaged news
stories that are broadcast or distributed in the United States
unless specific notification conditions are met.
Section 740 continues the provision prohibiting funds used
in contravention of the Privacy Act, section 552a of title 5,
United States Code or section 522.224 of title 48 of the Code
of Federal Regulations.
Section 741 continues the provision requiring each
department and agency to evaluate the creditworthiness of an
individual before issuing the individual a Government purchase
charge card or travel card.
Section 742 continues a provision requiring the Office of
Management and Budget to submit a crosscut budget report on
Great Lakes restoration activities not later than 30 days after
the submission of the budget of the President to Congress.
Section 743 includes a provision prohibiting funds from
being used for any Federal Government contract with any foreign
incorporated entity which is treated as an inverted domestic
corporation.
Section 744 includes a provision requiring improvements to
enhance public access to information on agency Inspector
General websites.
Section 745 prohibits the expenditure of funds on public-
private competitions under Office of Management and Budget
[OMB] Circular A-76, or direct conversions, related to the
Human Resources Lines of Business initiative until 60 days
after OMB submits a report to the Committees on Appropriations
addressing several specified issues of concern. The section
also would require that OMB submit a copy of its report to the
Government Accountability Office [GAO] when it is submitted to
the Committees. GAO is required to brief the Committees on its
views of the OMB report within 45 days of receiving it. OMB
shall provide GAO with full and timely access to the documents,
analyses, and personnel the GAO determines it needs to conduct
a thorough review of the OMB report and provide the Committees
with its views.
Section 746 requires the Office of Management and Budget to
provide a report no later than 120 days after enactment on the
status of a pilot program to develop and implement an inventory
to track the cost and size of service contracts in at least
three cabinet-level departments, as required by section 748 of
division D of Public Law 110-161.
Section 747 permits executive branch employees to
participate in private sector programs that offer inducements
such as the repayment or forgiveness of student loans,
notwithstanding the prohibition of supplementation of salary
under 18 U.S.C. 209.
Section 748 makes permanent a modification to existing law
that prohibits funds to pay the salary of an individual for a
position in an acting capacity for which that individual's
nomination has been submitted to the Senate but returned to the
President under Rule XXXI of the Standing Rules of the Senate
without confirmation.
Section 749 prohibits the Office of Personnel Management or
any other agency from using funds to implement regulations
changing the competitive areas under reductions-in-force for
Federal employees.
Section 750 is a new provision allowing Federal employees
who are members of the National Guard and Reserve to maintain
their normal Federal salary when called to active duty by
requiring their employing agencies to make up the difference
between their military pay and what they would have earned at
their Federal job.
Section 751 directs agencies to include information in
budget justifications submitted to Congress regarding
redirection of congressionally directed funding.
Section 752 declares the inapplicability of these general
provisions to title IV and title VIII.
Section 753 is a new provision requiring reports on
Executive Branch workforce composition.
TITLE VIII
GENERAL PROVISIONS
District of Columbia
Section 801 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 continues the provision that permits funds for
travel and payment of dues.
Section 803 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 continues the provision that prohibits the use
of the appropriation for publicity or propaganda purposes, and
permits the use of local funds for carry out lobbying activity.
Section 805 continues the provision that establishes
reprogramming and transfer requirements with respect to
notification requirements for the reprogramming of local funds.
Section 806 continues the provision that restricts the use
of funds only to the objects for which the appropriations were
made.
Section 807 continues the provision that directs the Mayor
of the District of Columbia to submit new fiscal year 2009
revenue estimates as of the end of the first quarter of the
fiscal year.
Section 808 continues the provision that prohibits the use
of Federal funds for salaries, expenses, or other costs
associated with the offices of U.S. Senator or Representative
under section 4(d) of the D.C. Statehood Constitutional
Convention Initiatives of 1979.
Section 809 continues the provision restricting use of
Federal funds for the implementation or enforcement of the
Health Care Benefits Expansion Act of 1992.
Section 810 continues and makes permanent 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 811 continues the provision that restricts the use
of official vehicles to official duties and not between a
residence and workplace, except under certain circumstances.
Section 812 continues the provision that prohibits the use
of appropriated funds by the District of Columbia Attorney
General or any other officer or entity of the District
government to provide assistance for any petition drive or
civil action which seeks to require Congress to provide for
voting representation in Congress for the District of Columbia.
Section 813 continues the provision that prohibits the use
of any 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 814 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 815 continues the provision that includes a
``conscience clause'' on legislation that pertains to
contraceptive coverage by health insurance plans.
Section 816 modifies the provision that requires the Mayor
of the District of Columbia to submit reports on various
indicators pertaining to the District of Columbia.
Section 817 modifies the provision relating to the use of
any funds in the act to 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
Education Act [IDEA].
Section 818 continues and makes permanent the provision
that allows for appropriations in this act to be increased by
no more than $100,000,000 from unexpended general funds, and
used only for one-time expenditures, to avoid deficit spending,
for debt reduction, for program needs, or to avoid revenue
shortfalls.
Section 819 continues and makes permanent the provision
that allows the District to spend ``other-type funds'' under
certain conditions.
Section 820 continues and makes permanent 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 continues the provision prohibiting use of
funds to change the legality of marijuana use.
Section 822 continues the provision relating to abortion.
Section 823 continues a provision to mitigate the necessity
for dual budgeting of local funds when such funds are
transferred but not expended.
Section 824 provides for a waiver of the Congressional
review period in order to permit the Income Tax Secured Bond
Authorization Act of 2008, as introduced on May 6, 2008 (D.C.
Bill 17-741), to take effect on the date of its enactment by
the District of Columbia.
Section 825 is a new provision authorizing an increase in
the hourly rate paid to attorneys appointed to represent
indigent persons in matters before the District of Columbia
local courts.
Section 826 continues the provision which limits references
to ``this Act'' as referring to only this title.
COMPLIANCE WITH PARAGRAPH 7, RULE XVI, OF THE STANDING RULES OF THE
SENATE
Paragraph 7 of rule XVI requires that Committee reports on
general appropriations bills identify each Committee amendment
to the House bill ``which proposes an item of appropriation
which is not made to carry out the provisions of an existing
law, a treaty stipulation, or an act or resolution previously
passed by the Senate during that session.''
Items providing funding for fiscal year 2009 which lack
authorization are as follows:
Department of the Treasury
Departmental Offices
Department-wide Systems and Capital Investments
Office of the Inspector General
Inspector General for Tax Administration
Financial Crimes Enforcement Network
Financial Management Service
Alcohol and Tobacco Tax and Trade Bureau
Bureau of the Public Debt
Community Development and Financial Institutions Fund
Internal Revenue Service:
Taxpayer Services
Enforcement
Operations Support
Business Systems Modernization
Health Insurance Tax Credit Administration
Executive Office of the President
Office of Management and Budget
ONDCP: Training for drug court professionals
District of Columbia
Federal Payment for the DC Water and Sewer Authority
Federal Payment for School Improvement
Federal Payment to Jumpstart Public School Reform
Federal Payment for Central Library and Branch Locations
Federal Payment for Consolidated Laboratory Facility
Federal Payment to the Chief Financial Officer of the
District of Columbia
Federal Payment to the Executive Office of the Mayor
Independent Agencies
Consumer Product Safety Commission
Election Assistance Commission
Federal Communications Commission
Federal Election Commission
Federal Trade Commission
General Services Administration:
Federal Building Fund
GSA E-government Fund
Office of Government Ethics
Office of Special Counsel
Merit Systems Protection Board
National Credit Union Administration: Community Development
Revolving Loan Fund
Securities and Exchange Commission
COMPLIANCE WITH PARAGRAPH 7(c), RULE XXVI, OF THE STANDING RULES OF THE
SENATE
Pursuant to paragraph 7(c) of rule XXVI, on July 10, 2008,
the Committee ordered reported an original bill (S. 3260)
making appropriations for financial services and general
government for the fiscal year ending September 30, 2009, and
authorized the chairman of the Committee or the chairman of the
subcommittee to offer the text of the Senate bill as a
Committee amendment in the nature of a substitute to the House
companion measure, with the bill subject to amendment and
subject to the budget allocations, by a recorded vote of 29-0,
a quorum being present. The vote was as follows:
Yeas Nays
Chairman Byrd
Mr. Inouye
Mr. Leahy
Mr. Harkin
Ms. Mikulski
Mr. Kohl
Mrs. Murray
Mr. Dorgan
Mrs. Feinstein
Mr. Durbin
Mr. Johnson
Ms. Landrieu
Mr. Reed
Mr. Lautenberg
Mr. Nelson
Mr. Cochran
Mr. Stevens
Mr. Specter
Mr. Domenici
Mr. Bond
Mr. McConnell
Mr. Shelby
Mr. Gregg
Mr. Bennett
Mr. Craig
Mrs. Hutchison
Mr. Brownback
Mr. Allard
Mr. Alexander
COMPLIANCE WITH PARAGRAPH 12, RULE XXVI OF THE STANDING RULES OF THE
SENATE
Paragraph 12 of rule XXVI requires that Committee reports
on a bill or joint resolution repealing or amending any statute
or part of any statute include ``(a) the text of the statute or
part thereof which is proposed to be repealed; and (b) a
comparative print of that part of the bill or joint resolution
making the amendment and of the statute or part thereof
proposed to be amended, showing by stricken-through type and
italics, parallel columns, or other appropriate typographical
devices the omissions and insertions which would be made by the
bill or joint resolution if enacted in the form recommended by
the Committee.''
In compliance with this rule, the following changes in
existing law proposed to be made by this bill are shown as
follows: existing law to be omitted is enclosed in black
brackets; new matter is printed in italic; and existing law in
which no change is proposed is shown in roman.
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III--EMPLOYEES
Subpart D--Pay and Allowances
CHAPTER 55--PAY ADMINISTRATION
SUBCHAPTER IV--DUAL PAY AND DUAL EMPLOYMENT
5537. Fees for jury and witness service.
5538. Nonreduction in pay while serving in the uniformed services or
National Guard.
* * * * * * *
Sec. 5537. Fees for jury and witness service
(a) An employee as defined by section 2105 of this title
(except an individual whose pay is disbursed by the Secretary
of the Senate or the Chief Administrative Officer of the House
of Representatives) or an individual employed by the government
of the District of Columbia may not receive fees for service--
(1) as a juror in a court of the United States or
the District of Columbia; or
(2) as a witness on behalf of the United States or
the District of Columbia.
(b) An official of a court of the United States or the
District of Columbia may not receive witness fees for
attendance before a court, commissioner, or magistrate judge
where he is officiating.
(c) For the purpose of this section, ``court of the United
States'' has the meaning given it by section 451 of title 28
and includes the District Court of Guam and the District Court
of the Virgin Islands.
Sec. 5538. Nonreduction in pay while serving in the uniformed services
or National Guard
(a) An employee who is absent from a position of employment
with the Federal Government in order to perform active duty in
the uniformed services pursuant to a call or order to active
duty under a provision of law referred to in section
101(a)(13)(B) of title 10 shall be entitled, while serving on
active duty, to receive, for each pay period described in
subsection (b), an amount equal to the amount by which--
(1) the amount of basic pay which would otherwise
have been payable to such employee for such pay period
if such employee's civilian employment with the
Government had not been interrupted by that service,
exceeds (if at all)
(2) the amount of pay and allowances which (as
determined under subsection (d))--
(A) is payable to such employee for that
service; and
(B) is allocable to such pay period.
(b)(1) Amounts under this section shall be payable with
respect to each pay period (which would otherwise apply if the
employee's civilian employment had not been interrupted)--
(A) during which such employee is entitled to
reemployment rights under chapter 43 of title 38 with
respect to the position from which such employee is
absent (as referred to in subsection (a)); and
(B) for which such employee does not otherwise
receive basic pay (including by taking any annual,
military, or other paid leave) to which such employee
is entitled by virtue of such employee's civilian
employment with the Government.
(2) For purposes of this section, the period during which
an employee is entitled to reemployment rights under chapter 43
of title 38--
(A) shall be determined disregarding the provisions
of section 4312(d) of title 38; and
(B) shall include any period of time specified in
section 4312(e) of title 38 within which an employee
may report or apply for employment or reemployment
following completion of service on active duty to which
called or ordered as described in subsection (a).
(c) Any amount payable under this section to an employee
shall be paid--
(1) by such employee's employing agency;
(2) from the appropriation or fund which would be
used to pay the employee if such employee were in a pay
status; and
(3) to the extent practicable, at the same time and
in the same manner as would basic pay if such
employee's civilian employment had not been
interrupted.
(d) The Office of Personnel Management shall, in
consultation with Secretary of Defense, prescribe any
regulations necessary to carry out the preceding provisions of
this section.
(e)(1) The head of each agency referred to in section
2302(a)(2)(C)(ii) shall, in consultation with the Office,
prescribe procedures to ensure that the rights under this
section apply to the employees of such agency.
(2) The Administrator of the Federal Aviation
Administration shall, in consultation with the Office,
prescribe procedures to ensure that the rights under this
section apply to the employees of that agency.
(f) For purposes of this section--
(1) the terms ``employee'', ``Federal Government'',
and ``uniformed services'' have the same respective
meanings as given those terms in section 4303 of title
38;
(2) the term ``employing agency'', as used with
respect to an employee entitled to any payments under
this section, means the agency or other entity of the
Government (including an agency referred to in section
2302(a)(2)(C)(ii)) with respect to which such employee
has reemployment rights under chapter 43 of title 38;
and
(3) the term ``basic pay'' includes any amount
payable under section 5304.
* * * * * * *
TITLE 15--COMMERCE AND TRADE
CHAPTER 41--CONSUMER CREDIT PROTECTION
Subchapter I--Consumer Credit Cost Disclosure
Part B--Credit Transactions
Sec. 1639. Requirements for certain mortgages
(a) Disclosures
* * * * * * *
(l) Discretionary regulatory authority of Board
(1) Exemptions
The Board may, by regulation or order, exempt
specific mortgage products or categories of mortgages
from any or all of the prohibitions specified in
subsections (c) through (i) of this section, if the
Board finds that the exemption--
(A) is in the interest of the borrowing
public; and
(B) will apply only to products that
maintain and strengthen home ownership and
equity protection.
(2) Prohibitions
The Board, by regulation or order, shall prohibit
acts or practices in connection with--
(A) mortgage loans that the Board finds to
be unfair, deceptive, or designed to evade the
provisions of this section; and3(B) refinancing
of mortgage loans that the Board finds to be
associated with abusive lending practices, or
that are otherwise not in the interest of the
borrower.
(m) Civil Penalties in Federal Trade Commission Enforcement
Actions.--For purposes of enforcement by the Federal Trade
Commission, any violation of a regulation issued by the Federal
Reserve Board pursuant to subsection (l)(2) of this section
shall be treated as a violation of a rule promulgated under
section 18 of the Federal Trade Commission Act (15 U.S.C. 57a)
regarding unfair or deceptive acts or practices.
* * * * * * *
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 232--MISCELLANEOUS SENTENCING PROVISIONS
Sec. 3672. Duties of Director of Administrative Office of the United
States Courts
The Director of the Administrative Office of the United
States Courts, or his authorized agent, shall investigate the
work of the probation officers and make recommendations
concerning the same to the respective judges and shall have
access to the records of all probation officers.
He shall collect for publication statistical and other
information concerning the work of the probation officers.
He shall prescribe record forms and statistics to be kept
by the probation officers and shall formulate general rules for
the proper conduct of the probation work.
He shall endeavor by all suitable means to promote the
efficient administration of the probation system and the
enforcement of the probation laws in all United States courts.
He shall, under the supervision and direction of the
Judicial Conference of the United States, fix the salaries of
probation officers and shall provide for their necessary
expenses including clerical service and travel expenses.
He shall incorporate in his annual report a statement
concerning the operation of the probation system in such
courts.
He shall have the authority to contract with any
appropriate public or private agency or person for the
detection of and care in the community of an offender who is an
alcohol-dependent person, an addict or a drug-dependent person,
or a person suffering from a psychiatric disorder within the
meaning of section 2 of the Public Health Service Act. This
authority shall include the authority to provide equipment and
supplies; testing; medical, educational, social, psychological
and vocational services; corrective and preventative guidance
and training; and other rehabilitative services designed to
protect the public and benefit the alcohol-dependent person,
addict or drug-dependent person, or a person suffering from a
psychiatric disorder by eliminating his dependence on alcohol
or addicting drugs, by controlling his dependence and his
susceptibility to addiction, or by treating his psychiatric
disorder. He may negotiate and award such contracts without
regard to section 3709 of the Revised Statutes of the United
States. He also shall have the authority to expend funds or to
contract with any appropriate public or private agency or
person to monitor and provide services to any offender in the
community authorized by [this Act] this paragraph, including
treatment, equipment and emergency housing, corrective and
preventative guidance and training, and other rehabilitative
services designed to protect the public and promote the
successful reentry of the offender into the community.
He shall pay for presentence studies and reports by
qualified consultants and presentence examinations and reports
by psychiatric or psychological examiners ordered by the court
under subsection (b) or (c) of section 3552, except for studies
conducted by the Bureau of Prisons.
Whenever the court finds that funds are available for
payment by or on behalf of a person furnished such services,
training, or guidance, the court may direct that such funds be
paid to the Director. Any moneys collected under this paragraph
shall be used to reimburse the appropriations obligated and
disbursed in payment for such services, training, or guidance.
* * * * * * *
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 79--TRADE SANCTIONS REFORM AND EXPORT ENHANCEMENT
Sec. 7209. Requirements relating to certain travel-related transactions
with Cuba
[(a) Authorization of travel relating to commercial sale of
agricultural commodities
[The Secretary of the Treasury shall promulgate regulations
under which the travel-related transactions listed in
subsection (c) of section 515.560 of title 31, Code of Federal
Regulations, may be authorized on a case-by-case basis by a
specific license for travel to, from, or within Cuba for the
commercial export sale of agricultural commodities pursuant to
the provisions of this chapter.]
(a) Authorization of Travel Relating to Commercial Sales of
Agricultural and Medical Goods.--The Secretary of the Treasury
shall promulgate regulations under which the travel-related
transactions listed in paragraph (c) of section 515.560 of
title 31, Code of Federal Regulations, are authorized by
general license for travel to, from, or within Cuba for the
marketing and sale of agricultural and medical goods pursuant
to the provisions of this title.
* * * * * * *
TITLE 26--INTERNAL REVENUE CODE
Subtitle F--Procedure and Administration
CHAPTER 76--JUDICIAL PROCEEDINGS
Subchapter C--The Tax Court
PART III--MISCELLANEOUS PROVISIONS
Sec. 7472. Expenditures
The Tax Court is authorized to make such expenditures
(including expenditures for personal services and rent at the
seat of Government and elsewhere, and for law books, books of
reference, and periodicals), as may be necessary efficiently to
execute the functions vested in the Tax Court. Notwithstanding
any other provision of law, the Tax Court is authorized to pay
on behalf of its judges, age 65 or over, any increase in the
cost of Federal Employees' Group Life Insurance imposed after
April 24, 1999, that is incurred after the date of the
enactment of the Pension Protection Act of 2006, including any
expenses generated by such payments, as authorized by the chief
judge in a manner consistent with such payments authorized by
the Judicial Conference of the United States pursuant to
section 604(a)(5) of title 28, United States Code. Except as
provided in section 7475, all expenditures of the Tax Court
shall be allowed and paid, out of any moneys appropriated for
purposes of the Tax Court, upon presentation of itemized
vouchers therefor signed by the certifying officer designated
by the chief judge.
* * * * * * *
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART III--COURT OFFICERS AND EMPLOYEES
CHAPTER 41--ADMINISTRATIVE OFFICE OF UNITED STATES COURTS
Sec. 604. Duties of Director generally
(a) * * *
(1) * * *
* * * * * * *
(5) Fix the compensation of clerks of court,
deputies, librarians, criers, messengers, law clerks,
secretaries, stenographers, clerical assistants, and
other employees of the courts whose compensation is not
otherwise fixed by law, and, notwithstanding any other
provision of law, pay on behalf of Justices and judges
of the United States appointed to hold office during
good behavior [magistrate judges appointed under
section 631 of this title,], United States magistrate
judges, bankruptcy judges appointed under chapter 6 of
this title, judges of the District Court of Guam,
judges of the District Court for the Northern Mariana
Islands, judges of the District Court of the Virgin
Islands, bankruptcy judges and magistrate judges
retired under section 377 of this title, and judges
retired under section 373 of this title, who are, aged
65 or over, any increases in the cost of Federal
Employees' Group Life Insurance imposed after April 24,
1999, including any expenses generated by such
payments, as authorized by the Judicial Conference of
the United States;
* * * * * * *
TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
Subtitle I--Federal Property and Administrative Services
CHAPTER 3--ORGANIZATION OF GENERAL SERVICES ADMINISTRATION
Subchapter III--Funds
Sec. 323. Consumer Information Center Fund
(a) Existence.--There is in the Treasury a [Consumer
Information Center] Federal Citizen Services Fund, General
Services Administration, for the purpose of disseminating
Federal Government [consumer] information to the public and for
other related purposes.
(b) Deposits.--Money shall be deposited into the Fund
from--
(1) appropriations from the Treasury for [Consumer
Information Center] Federal Citizen Services
activities;
* * * * * * *
CHAPTER 33--ACQUISITION, CONSTRUCTION, AND ALTERATION
Sec. 3313. Delegation
(a) * * *
(1) shall, except for the authority contained in section
3305(b) of this title, be delegated on request to the
appropriate [executive] federal agency when the estimated cost
of the project does not exceed $100,000; and
(2) may be delegated to the appropriate [executive] federal
agency when the Administrator determines that delegation will
promote efficiency and economy.
* * * * * * *
CHRISTOPHER COLUMBUS FELLOWSHIP ACT
TITLE IV--CHRISTOPHER COLUMBUS QUINCENTENARY COINS AND FELLOWSHIP
FOUNDATION
Subtitle B--Christopher Columbus Fellowship Foundation
SEC. 421. SHORT TITLE.
This subtitle may be cited as the ``Christopher Columbus
Fellowship Act''.
* * * * * * *
SEC. 426. CHRISTOPHER COLUMBUS FELLOWSHIP FUND.
(a) In General.--There is established in the Treasury a
fund to be known as the Christopher Columbus Scholarship Fund
(hereafter in this subtitle referred to as the ``fund''), which
shall consist of--
(1) amounts deposited under subsection (d);
(2) obligations obtained under subsection (c);
(3) amounts contributed to the Foundation; [and]
(4) amounts appropriated to the Foundation, as
authorized under section 430; and
[(4)] (5) all surcharges received by the Secretary
of the Treasury from the sale of coins minted under the
Christopher Columbus Quincentenary Coin Act.
* * * * * * *
SEC. 429. ADMINISTRATIVE PROVISIONS.
(a) The Foundation may--
* * * * * * *
(b) Annual Report.--The Foundation shall submit to the
President and to the Congress an annual report of its
operations under this subtitle.
* * * * * * *
SEC. 430. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Foundation,
such sums as may be necessary to carry out this subtitle.
* * * * * * *
DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUICIARY, AND RELATED
AGENCICES APPROPRIATIONS ACT, 1998, PUBLIC LAW 105-119
TITLE I--DEPARTMENT OF JUSTICE
General Provisions--Department of Justice
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 [10 years] 11 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.
* * * * * * *
UNIVERSAL SERVICE ANTIDEFICIENCY TEMPORARY SUSPENSION ACT, PUBLIC LAW
108-494
TITLE III--UNIVERSAL SERVICE
SEC. 301. SHORT TITLE.
This title may be cited as the ``Universal Service
Antideficiency Temporary Suspension Act''.
SEC. 302. APPLICATION OF CERTAIN TITLE 31 PROVISIONS TO UNIVERSAL
SERVICE FUND.
(a) In General.--During the period beginning on the date of
enactment of this Act and ending on [December 31, 2008]
December 31, 2009, section 1341 and subchapter II of chapter 15
of title 31, United States Code, do not apply--
(1) to any amount collected or received as Federal
universal service contributions required by section 254
of the Communications Act of 1934 (47 U.S.C. 254),
including any interest earned on such contributions;
nor
(2) to the expenditure or obligation of amounts
attributable to such contributions for universal
service support programs established pursuant to that
section.
(b) Post-2005 Fulfillment of Protected Obligations.--
Section 1341 and subchapter II of chapter 15 of title 31,
United States Code, do not apply after [December 31, 2008]
December 31, 2009, to an expenditure or obligation described in
subsection (a)(2) made or authorized during the period
described in subsection (a).
* * * * * * *
TRANSPORTATION, TREASURY, HOUSING AND URBAN DEVELOPMENT, THE JUDICIARY,
THE DISTRICT OF COLUMBIA, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT,
2006, PUBLIC LAW 109-115
DIVISION A--TRANSPORTATION, TREASURY, HOUSING AND URBAN DEVELOPMENT,
THE JUDICIARY, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2006
TITLE IV
THE JUDICIARY
Administrative Provisions--The Judiciary
Sec. 407. (a) * * *
* * * * * * *
[(c) The authorities granted in this section shall expire
on September 30, 2010.]
* * * * * * *
CONSOLIDATED APPROPRIATIONS ACT, 2008, PUBLIC LAW 110-161
DIVISION D--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2008
TITLE VI
GENERAL PROVISIONS--THIS ACT
Sec. 622. Section 5112 of title 31, United States Code, is
amended by adding at the end the following new subsection:
``[(r)] (s) Redesign and Issuance of Circulating Quarter
Dollar Honoring the District of Columbia and Each of the
Territories.--
``(1) Redesign in 2009.--
``(A) In general.--Notwithstanding the
fourth sentence of subsection (d)(1) and
subsection (d)(2) and subject to paragraph
(6)(B), quarter dollar coins issued during
2009, shall have designs on the reverse side
selected in accordance with this subsection
which are emblematic of the District of
Columbia and the territories.
``(B) Flexibility with regard to placement
of inscriptions.--Notwithstanding subsection
(d)(1), the Secretary may select a design for
quarter dollars issued during 2009 in which--
``(i) the inscription described in
the second sentence of subsection
(d)(1) appears on the reverse side of
any such quarter dollars; and
``(ii) any inscription described in
the third sentence of subsection (d)(1)
or the designation of the value of the
coin appears on the obverse side of any
such quarter dollars.
``(2) Single district or territory
design.--The design on the reverse side of each
quarter dollar issued during 2009 shall be
emblematic of one of the following: The
District of Columbia, the Commonwealth of
Puerto Rico, Guam, American Samoa, the United
States Virgin Islands, and the Commonwealth of
the Northern Mariana Islands.
``(3) Selection of design.--
``(A) In general.--Each of the 6
designs required under this subsection
for quarter dollars shall be--
``(i) selected by the
Secretary after consultation
with--
``(I) the chief
executive of the
District of Columbia or
the territory being
honored, or such other
officials or group as
the chief executive
officer of the District
of Columbia or the
territory may designate
for such purpose; and
``(II) the
Commission of Fine
Arts; and
``(ii) reviewed by
the Citizens Coinage
Advisory Committee.
``(B) Selection and approval
process.--Designs for quarter dollars
may be submitted in accordance with the
design selection and approval process
developed by the Secretary in the sole
discretion of the Secretary.
``(C) Participation.--The Secretary
may include participation by District
or territorial officials, artists from
the District of Columbia or the
territory, engravers of the United
States Mint, and members of the general
public.
``(D) Standards.--Because it is
important that the Nation's coinage and
currency bear dignified designs of
which the citizens of the United States
can be proud, the Secretary shall not
select any frivolous or inappropriate
design for any quarter dollar minted
under this subsection.
``(E) Prohibition on certain
representations.--No head and shoulders
portrait or bust of any person, living
or dead, and no portrait of a living
person may be included in the design of
any quarter dollar under this
subsection.
``(4) Treatment as numismatic items.--For purposes
of sections 5134 and 5136, all coins minted under this
subsection shall be considered to be numismatic items.
``(5) Issuance.--
``(A) Quality of coins.--The Secretary may
mint and issue such number of quarter dollars
of each design selected under [paragraph (4)]
paragraph (3) in uncirculated and proof
qualities as the Secretary determines to be
appropriate.
``(B) Silver coins.--Notwithstanding
subsection (b), the Secretary may mint and
issue such number of quarter dollars of each
design selected under [paragraph (4)] paragraph
(3) as the Secretary determines to be
appropriate, with a content of 90 percent
silver and 10 percent copper.
``(C) Timing and order of issuance.--Coins
minted under this subsection honoring the
District of Columbia and each of the
territories shall be issued in equal sequential
intervals during 2009 in the following order:
the District of Columbia, the Commonwealth of
Puerto Rico, Guam, American Samoa, the United
States Virgin Islands, and the Commonwealth of
the Northern Mariana Islands.
``(6) Other provisions.--
``(A) Application in event of admission as
a state.--If the District of Columbia or any
territory becomes a State before the end of the
10-year period referred to in subsection
(l)(1), subsection (l)(7) shall apply, and this
subsection shall not apply, with respect to
such State.
``(B) Application in event of
independence.--If any territory becomes
independent or otherwise ceases to be a
territory or possession of the United States
before quarter dollars bearing designs which
are emblematic of such territory are minted
pursuant to this subsection, this subsection
shall cease to apply with respect to such
territory.
``(7) Territory defined.--For purposes of this
subsection, the term `territory' means the Commonwealth
of Puerto Rico, Guam, American Samoa, the United States
Virgin Islands, and the Commonwealth of the Northern
Mariana Islands.''.
* * * * * * *
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
* * * * * * *
Sec. 739. (a) Requirement for Public-Private Competition.--
(1) Notwithstanding any other provision of law,
none of the funds appropriated by this or any other Act
shall be available to convert to contractor performance
an activity or function of an executive agency that, on
or after the date of enactment of this Act, is
performed by [more than 10] Federal employees unless--
* * * * * * *
[(b) Use of Public-Private Competition.--Nothing in Office
of Management and Budget Circular A-76 shall prevent the head
of an executive agency from conducting a public-private
competition to evaluate the benefits of converting work from
contract performance to performance by Federal employees in
appropriate instances. The Circular shall provide procedures
and policies for these competitions that are similar to those
applied to competitions that may result in the conversion of
work from performance by Federal employees to performance by a
contractor.]
(b) Guidelines on Insourcing New and Contracted Out
Functions.--
(1) Guidelines required.--
(A) The heads of executive agencies subject
to the Federal Activities Inventory Reform Act
(Public Law 105-270), shall devise and
implement guidelines and procedures to ensure
that consideration is given to using, on a
regular basis, Federal employees to perform new
functions and functions that are performed by
contractors and could be performed by Federal
employees.
(B) The guidelines and procedures required
under subparagraph (A) may not include any
specific limitation or restriction on the
number of functions or activities that may be
converted to performance by Federal employees.
(2) Special consideration for certain functions.--
The guidelines and procedures required under paragraph
(1) shall provide for special consideration to be given
to using Federal employees to perform any function that
(A) is performed by a contractor and--
(i) has been performed by Federal
employees at any time during the
previous 10 years;
(ii) is a function closely
associated with the performance of an
inherently governmental function;
(iii) has been performed pursuant
to a contract awarded on a non-
competitive basis; or
(iv) has been performed poorly, as
determined by a contracting officer
during the 5-year period preceding the
date of such determination, because of
excessive costs or inferior quality; or
(B) is a new requirement, with particular
emphasis given to a new requirement that is
similar to a function previously performed by
Federal employees or is a function closely
associated with the performance of an
inherently governmental function.
(3) Exclusion of certain functions from
competitions.--The head of an executive agency may not
conduct a public-private competition under Office of
Management and Budget Circular A-76 or any other
provision of law or regulation before--
(A) in the case of a new agency function,
assigning the performance of the function to
Federal employees;
(B) in the case of any agency function
described in subsection (2), converting the
function to performance by Federal employees;
or
(C) in the case of an agency function
performed by Federal employees, expanding the
scope of the function.
(4) Deadline.--
(A) The head of each executive agency shall
implement the guidelines and procedures
required under this section by not later than
120 days after the date of the enactment of
this Act.
(B) Not later than 210 days after the date
of the enactment of this Act, the Government
Accountability Office shall submit a report on
the implementation of this subsection to the
Committees on Appropriations of the House of
Representatives and the Senate, the Committee
on Oversight and Government Reform of the House
of Representatives, and the Committee on
Homeland Security and Governmental Affairs of
the Senate.
(5) Definitions.--In this section:
(A) The term ``inherently governmental
functions'' has the meaning given such term in
subpart 7.5 of part 7 of the Federal
Acquisition Regulation.
(B) The term ``functions closely associated
with inherently governmental functions'' means
the functions described in section 7.503(d) of
the Federal Acquisition Regulation.
(6) Applicability.--This subsection shall not apply
to the Department of Defense.
* * * * * * *
ECONOMIC STIMULUS ACT OF 2008, PUBLIC LAW 110-185
TITLE I--RECOVERY REBATES AND INCENTIVES FOR BUSINESS INVESTMENT
SEC. 101. 2008 RECOVERY REBATES FOR INDIVIDUALS.
(a) * * *
* * * * * * *
(e) Appropriations To Carry Out Rebates.--
(1) In general.--Immediately upon the enactment of
this Act, the following sums are appropriated, out of
any money in the Treasury not otherwise appropriated,
for the fiscal year ending September 30, 2008:
(A) Department of the treasury.--
(i) * * *
* * * * * * *
(B) Social Security Administration.--For an
additional amount for ``Social Security
Administration--Limitation on Administrative
Expenses'', $31,000,000, to remain available
until September 30, 2008.
(C) Transfer authority.--The Secretary of
the Treasury is authorized to transfer funds
provided by paragraph (1)(A) among the accounts
specified in paragraph (1)(A) to carry out the
rebates upon the advance notification of the
Committees on Appropriations: Provided, That
any proposed transfer of funds greater than
$5,000,000 shall be subject to the advance
approval of the Committees on Appropriations.
* * * * * * *
DISTRICT OF COLUMBIA HOME RULE ACT
ACCEPTANCE OF GRANT AMOUNTS NOT INCLUDED IN ANNUAL BUDGET
Sec. 446B. (a) * * *
* * * * * * *
(f) Effective date.--This section shall apply with respect
to [fiscal years 2006 through 2008] fiscal year 2006 and each
succeeding fiscal year.
* * * * * * *
DISTRICT OF COLUMBIA OFFICIAL CODE
TITLE 11--ORGANIZATION AND JURISDICTION OF THE COURTS
CHAPTER 26--REPRESENTATION OF INDIGENTS IN CRIMINAL CASES
Sec. 11-2604. Payment for representation
(a) Any attorney appointed pursuant to this chapter shall,
at the conclusion of the representation or any segment thereof,
be compensated at a fixed rate of [$65 per hour] $90 per hour.
Such attorney shall be reimbursed for expenses reasonably
incurred.
[(b) For representation of a defendant before the Superior
Court or before the District of Columbia Court of Appeals, as
the case may be, the compensation to be paid to an attorney
shall not exceed the following maximum amounts:
[(1) $1900 for misdemeanor cases;
[(2) $3600 for felony cases; and
[(3) $1900 for post-trial matters if the underlying
case was a misdemeanor or $3600 for post-trial matters
if the underlying case was a felony.]
(b) The compensation to be paid to an attorney appointed
pursuant to this chapter shall not exceed the following maximum
amounts:
(1) For representation of a defendant before the
Superior Court of the District of Columbia for
misdemeanors or felonies, the maximum amount set forth
in section 3006A(d)(2) of title 18, United States Code,
for representation of a defendant before the United
States magistrate judge or the district court for
misdemeanors or felonies (as the case may be).
(2) For representation of a defendant before the
District of Columbia Court of Appeals, the maximum
amount set forth in section 3006A(d)(2) of title 18,
United States Code, for representation of a defendant
in an appellate court.
(3) For representation of a defendant in post-trial
matters for misdemeanors or felonies, the amount
applicable under paragraph (1) for misdemeanors or
felonies (as the case may be).
* * * * * * *
TITLE 16--PARTICULAR ACTIONS, PROCEEDINGS AND MATTERS
CHAPTER 23--FAMILY DIVISION PROCEEDINGS
SUBCHAPTER I--PROCEEDINGS REGARDING DELINQUENCY, NEGLECT, OR NEED OF
SUPERVISION
Sec. 16-2326.01. Compensation of attorneys in neglect and termination
of parental rights proceedings
(a) * * *
(b) Compensation payable pursuant to this section shall be
subject to the following limitations:
(1) for all proceedings from initial hearing
through disposition, the maximum compensation shall be
[$1,600] $1,980;
(2) for all subsequent proceedings other than
termination of parental rights, the maximum
compensation shall be [$1,600] $1,980 per year;
(3) for proceedings to terminate parental rights,
the maximum compensation shall be [$2,200] $2,700; and
(4) for appeal of trial court orders, the maximum
compensation shall be [$1,100] $1,350 per case.
* * * * * * *
BUDGETARY IMPACT OF BILL
PREPARED IN CONSULTATION WITH THE CONGRESSIONAL BUDGET OFFICE PURSUANT TO SEC. 308(a), PUBLIC LAW 93-344, AS
AMENDED
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
Budget authority Outlays
---------------------------------------------------
Committee Amount of Committee Amount of
allocation bill allocation bill
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the bill with Committee allocations
to its subcommittees of amounts in the Budget Resolution
for 2009: Subcommittee on Financial Services and General
Government:
Mandatory............................................... 20,661 20,661 20,663 \1\20,663
Discretionary........................................... 22,380 22,870 22,809 \1\23,019
Projections of outlays associated with the recommendation:
2009.................................................... ........... ........... ........... \2\38,594
2010.................................................... ........... ........... ........... 3,266
2011.................................................... ........... ........... ........... 618
2012.................................................... ........... ........... ........... 345
2013 and future years................................... ........... ........... ........... 320
Financial assistance to State and local governments for NA 708 NA 503
2009.......................................................
----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior-year budget authority.
\2\Excludes outlays from prior-year budget authority.
NA: Not applicable.
NOTE. Consistent with the funding recommended in the bill for tax enforcement and in accordance with section
312(c)(2)(B) of Senate Concurrent Resolution 70 (110th Congress), the Committee anticipates that the Budget
Committee will file a revised section 302(a) allocation for the Committee on Appropriations reflecting an
upward adjustment of $490,000,000 in budget authority and associated outlays.
DISCLOSURE OF CONGRESSIONALLY DIRECTED SPENDING ITEMS
The Constitution vests in the Congress the power of the
purse. The Committee believes strongly that Congress should
make the decisions on how to allocate the people's money.
As defined in Rule XLIV of the Standing Rules of the
Senate, the term ``congressionally directed spending item''
means a provision or report language included primarily at the
request of a Senator, providing, authorizing, or recommending a
specific amount of discretionary budget authority, credit
authority, or other spending authority for a contract, loan,
loan guarantee, grant, loan authority, or other expenditure
with or to an entity, or targeted to a specific State, locality
or congressional district, other than through a statutory or
administrative, formula-driven, or competitive award process.
For each item, a Member is required to provide a
certification that neither the Member nor the Senator's
immediate family has a pecuniary interest in such
congressionally directed spending item. Such certifications are
available to the public on the website of the Senate Committee
on Appropriations (www.appropriations.senate.gov/senators.cfm).
Following is a list of congressionally directed spending
items included in the Senate recommendation discussed in this
report, along with the name of each Senator who submitted a
request to the Committee of jurisdiction for each item so
identified. Neither the Committee recommendation nor this
report contains any limited tax benefits or limited tariff
benefits as defined in rule XLIV.
CONGRESSIONALLY DIRECTED SPENDING ITEMS
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Account Project Funding Member
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DC..................................... Children's National Medical Center, pediatric surgical center renovations, Washington, DC.. $3,000,000 Senator Cochran
DC..................................... LifeSTARTS Youth & Family Services, the Capital Area Asset Building Corporation, and the 2,250,000 Senator Brownback
National Center for Fatherhood to administer Marriage Development Accounts in the District
of Columbia.
GSA.................................... Alabama, Tuscaloosa, Federal Building...................................................... 25,000,000 Senator Shelby
GSA.................................... California, San Diego United States Courthouse Annex....................................... 110,362,000 The President, Senators Feinstein and
Boxer
GSA.................................... California, San Ysidro, Port of Entry...................................................... 58,910,000 The President, Senator Feinstein
GSA.................................... Colorado, Lakewood, Denver Federal Center Remediation...................................... 10,472,000 The President
GSA.................................... Illinois, Chicago, Dirksen Courthouse...................................................... 152,825,000 The President
GSA.................................... Maryland, Montgomery County, MD, FDA....................................................... 204,404,000 The President, Senators Mikulski and
Cardin
GSA.................................... North Carolina, New Bern, US PO and Courthouse............................................. 10,640,000 The President, Senator Dole
GSA.................................... North Dakota, Portal, Port of Entry........................................................ 15,204,000 The President
GSA.................................... District of Columbia, DHS Consolidation and development of St. Elizabeths campus........... 331,390,000 The President
GSA.................................... District of Columbia, St. Elizabeths West Campus Infrastructure............................ 8,249,000 The President
GSA.................................... District of Columbia, St. Elizabeths West Campus Site Acquisition.......................... 7,000,000 The President
GSA.................................... District of Columbia, Eisenhower Executive Office Bldg CBR................................. 14,700,000 The President
GSA.................................... District of Columbia, Eisenhower Executive Office Bldg, Phase III.......................... 51,075,000 The President
GSA.................................... District of Columbia, West Wing Infrastructure Systems Replacement......................... 76,487,000 The President
NARA................................... JFK Presidential Library................................................................... 22,000,000 Senator Kerry
NARA................................... LBJ Presidential Library................................................................... 2,000,000 Senator Hutchison
ONDCP.................................. National Alliance of Model State Drug Laws................................................. 1,250,000 Senator Durbin
ONDCP.................................. National Drug Court Institute.............................................................. 1,000,000 Senator Durbin
SBA.................................... Adelante Development Center for its ACCENT School-to-Work Transition Program, Albuquerque, 250,000 Senators Domenici and Bingaman
NM.
SBA.................................... Alaska Manufacturing Extension Partnership, Inc., for a rural Alaska e-commerce training 1,100,000 Senator Stevens
project, Anchorage, AK.
SBA.................................... Albuquerque Hispano Chamber of Commerce workforce training, Albuquerque, NM................ 245,000 Senator Bingaman
SBA.................................... Alcorn State University for a Systems Research Institute, Alcorn State, MS................. 600,000 Senator Cochran
SBA.................................... Appalachian State University to study the effects of economic growth resulting from 750,000 Senator Dole
viticulture and agritourism in western North Carolina, Boone, NC.
SBA.................................... Association of Vermont Credit Unions, Student financial literacy, Burlington, VT........... 145,000 Senator Sanders
SBA.................................... Business and infrastructure development, Mingo County Redevelopment Authority, Williamson, 3,500,000 Senator Byrd
WV.
SBA.................................... Business incubator, Arkansas Biosciences Institute, Arkansas State University.............. 520,000 Senators Lincoln and Pryor
SBA.................................... Cedarbridge small business incubator, Lakewood, NJ......................................... 245,000 Senators Lautenberg and Menendez
SBA.................................... Center for Economic Growth, Watervliet Innovation Center, Albany, NY....................... 300,000 Senator Schumer
SBA.................................... City of Baton Rouge, Louisiana, Small business investment initiative for technical 225,000 Senator Landrieu
assistance to business enterprises.
SBA.................................... City of San Diego, CA, One-stop small business resource center............................. 100,000 Senator Boxer
SBA.................................... Colorado Enterprise Fund for operating expenses and technical assistance to borrowers, 245,000 Senator Salazar
Denver, CO.
SBA.................................... Colorado State University Sustainable Biofuels Development Center, Fort Collins, CO........ 250,000 Senators Allard and Salazar
SBA.................................... Community Links Hawaii for planning and development of Oahu Technology and Innovation Park, 250,000 Senators Inouye and Akaka
Oahu, HI.
SBA.................................... E4 Entrepreneurship for immigrants, minorities, women, and people with disabilities in 100,000 Senator Cantwell
southwest King County, WA.
SBA.................................... Eastern Washington University, Accelerating economic development in rural, underserved 200,000 Senator Murray
communities of NE Washington.
SBA.................................... Economic development assistance for Wells, NV.............................................. 640,000 Senator Reid
SBA.................................... Economic Development for Central Oregon, Bend Venture Catalyst, Bend, OR................... 245,000 Senator Wyden
SBA.................................... Economic Development Training Program, Camden, NJ.......................................... 100,000 Senators Lautenberg and Menendez
SBA.................................... Entrepreneurial Development Center business accelerator, Cedar Rapids, IA.................. 350,000 Senator Harkin
SBA.................................... First responder education initiative, Benedictine University, Lisle, IL.................... 500,000 Senator Durbin
SBA.................................... Florida Institute of Technology , Florida Advanced Combustion Center....................... 245,000 Senator Bill Nelson
SBA.................................... Grambling State University, Expanding Minority Entrepreneurship Regionally Across the 250,000 Senator Landrieu
Louisiana Delta [EMERALD] program.
SBA.................................... Grays Harbor sustainable industries research and development facility and incubator, Port 450,000 Senators Cantwell and Murray
of Grays Harbor, Aberdeen, WA.
SBA.................................... Grow Inglewood, small business development, Inglewood, CA.................................. 450,000 Senators Boxer and Feinstein
SBA.................................... Indiana University, Indiana innovation incubator, Bloomington, IN.......................... 245,000 Senator Bayh
SBA.................................... International Trade Compliance in Agra-Business, Wichita, KS............................... 225,500 Senator Brownback
SBA.................................... Jackie Joyner-Kersee Center for job training and placement services, East St. Louis, IL.... 310,000 Senator Durbin
SBA.................................... Jackson State University for Lynch Street Corridor Redevelopment, Jackson, MS.............. 600,000 Senators Cochran and Wicker
SBA.................................... Kansas Bioscience Authority for the Kansas Small Business Biobased Polymer Initiative, 550,000 Senator Brownback
Olathe, KS.
SBA.................................... Kansas Farm Bureau for the Kansas Hometown Prosperity Alliance, Manhattan, KS.............. 300,000 Senator Brownback
SBA.................................... Macomb County business accelerator, Macomb County, MI...................................... 400,000 Senators Levin and Stabenow
SBA.................................... Massachusetts Technology Collaborative Renewable Energy Economic Development Center, 260,000 Senators Kennedy and Kerry
Boston, MA.
SBA.................................... Mississippi Biotechnology Association for a Feasibility Study and Capacity Building, 500,000 Senator Cochran
Jackson, MS.
SBA.................................... Mississippi State University for Convergence of Scientists and Entrepreneurs to Expedite 600,000 Senators Cochran and Wicker
Commercialization (SCEEC), Starkville, MS.
SBA.................................... Mississippi Technology Alliance for the Center for Innovation and Entrepreneurial Services, 600,000 Senators Cochran and Wicker
Jackson, MS.
SBA.................................... Missouri Western State University for the Biotechnology Mobile Workforce Development 1,000,000 Senator Bond
Center, St. Joseph, MO.
SBA.................................... Montana Department of Commerce, for technical assistance and operating expenses of the 520,000 Senators Baucus and Tester
Native American and WIRED program.
SBA.................................... Montgomery County Action Council for the development of economic growth and the recruitment 500,000 Senator Roberts
of small businesses, Independence, KS.
SBA.................................... Myrtle Beach International Trade & Convention Center, Myrtle Beach, SC..................... 1,000,000 Senator Graham
SBA.................................... National Center for Aviation Training for a Technical Education and Training, Wichita, KS.. 500,000 Senator Brownback
SBA.................................... Native Hawaiian Organizations Association, Entrepreneurial Development & Government 300,000 Senators Inouye and Akaka
Procurement Center, Honolulu, HI.
SBA.................................... Nebraska Community Foundation, HomeTown Competitiveness, Lincoln, NE....................... 300,000 Senator Ben Nelson
SBA.................................... New Castle County Chamber of Commerce, Emerging Enterprise Center, business incubator, DE.. 520,000 Senators Biden and Carper
SBA.................................... North Dakota State College of Science, Nanotechnology Applied Science Laboratory........... 375,000 Senators Conrad and Dorgan
SBA.................................... Northern Community Development Corporation, Northeast Kingdom (NEK) wireless LINC, VT...... 300,000 Senator Leahy
SBA.................................... Northern Kentucky University's College of Informatics, Highland Heights, KY................ 2,000,000 Senator McConnell
SBA.................................... Ohio University, Economic Development through Entrepreneurship in Appalachia [EDEA]........ 245,000 Senator Brown
SBA.................................... Pellissippi Research Centre on the Oak Ridge Corridor, Alcoa, TN........................... 700,000 Senators Alexander and Corker
SBA.................................... Pittsburgh Life Sciences Greenhouse, Tech Belt Biosciences Initiative, Pittsburgh, PA...... 245,000 Senator Casey
SBA.................................... ReCycle North, Green-collar enterprise program, Burlington, VT............................. 100,000 Senator Sanders
SBA.................................... Rhode Island Rural Development Council and Farm Fresh Rhode Island, for Rhode Island small 350,000 Senators Reed and Whitehouse
business development.
SBA.................................... Rural Economic Area Partnership [REAP] Zones, Rugby, ND.................................... 250,000 Senators Conrad and Dorgan
SBA.................................... Rural Enterprise Institute's Native American Rural Business and Resource Center at Eastern 500,000 Senator Inhofe
Oklahoma State College, Wilburton, OK.
SBA.................................... Safer Foundation for transitional employment placement, Chicago, IL........................ 500,000 Senator Durbin
SBA.................................... Small Business and Economic Opportunity Office, Essex County, NJ........................... 375,000 Senators Lautenberg and Menendez
SBA.................................... Small business green development, City of East Providence, RI.............................. 245,000 Senators Reed and Whitehouse
SBA.................................... Small business trade assistance office, Prince George's County, MD......................... 100,000 Senator Cardin
SBA.................................... South Dakota State University, technology-based economic development....................... 475,000 Senator Johnson
SBA.................................... Southern Illinois University for the Southern Illinois Research Park, Carbondale, IL....... 500,000 Senator Durbin
SBA.................................... Southwestern Pennsylvania Advanced Robotics Business Accelerator, Pittsburgh, PA........... 700,000 Senators Specter and Casey
SBA.................................... St. Leo Residence for Veterans for job training, Catholic Charities, Chicago, IL........... 500,000 Senator Durbin
SBA.................................... TechTown Small Business Clinic, Wayne State Law School..................................... 175,000 Senators Levin and Stabenow
SBA.................................... University of Connecticut Avery Point, business incubator, Groton, CT...................... 120,000 Senators Dodd and Lieberman
SBA.................................... University of Connecticut Health Center business incubator, Farmington, CT................. 325,000 Senators Dodd and Lieberman
SBA.................................... University of Kansas for Equipment for Pharmaceutical Small Business Development, Kansas 450,000 Senator Brownback
City, KS.
SBA.................................... University of Kansas Hospital for Medical Faculty Small Business Development, Kansas City, 700,000 Senator Brownback
KS.
SBA.................................... University of Maryland-Baltimore BioPark................................................... 450,000 Senators Mikulski and Cardin
SBA.................................... University of Massachusetts Dartmouth, Advanced Technical and Manufacturing Center business 260,000 Senators Kennedy and Kerry
incubator, Fall River, MA.
SBA.................................... University of Southern Mississippi for Early Stage Entrepreneur Development, Hattiesburg, 600,000 Senators Cochran and Wicker
MS.
SBA.................................... University of Wisconsin-Milwaukee, University-industry partnership to foster rapid 300,000 Senator Kohl
development of businesses in water industries.
SBA.................................... University Technology Park, Illinois Institute of Technology, Chicago, IL.................. 500,000 Senator Durbin
SBA.................................... Virginia's Center for Innovative Technology, Mine safety technology and communication 250,000 Senators Webb and Warner
improvements, Herndon, VA.
SBA.................................... Washington Hancock Community Agency for a Microbusiness Assistance Program, Milbridge, ME.. 250,000 Senators Collins and Snowe
SBA.................................... World Trade Center Utah Partnership Initiative, Salt Lake City, UT......................... 400,000 Senator Bennett
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2008 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL FOR FISCAL
YEAR 2009
[In thousands of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Senate Committee recommendation
compared with (+ or -)
Item 2008 Budget estimate Committee ---------------------------------
appropriation recommendation 2008
appropriation Budget estimate
--------------------------------------------------------------------------------------------------------------------------------------------------------
TITLE I--DEPARTMENT OF THE TREASURY
Departmental Offices
Salaries and expenses.............................................. 248,360 273,895 273,895 +25,535 ...............
Executive direction............................................ (10,840) (21,592) (11,097) (+257) (-10,495)
General Counsel................................................ (9,909) ............... (10,495) (+586) (+10,495)
Economic policies and programs................................. (44,242) (45,853) (45,853) (+1,611) ...............
Financial policies and programs................................ (29,464) (34,735) (34,735) (+5,271) ...............
Terrorism and Financial Intelligence........................... (56,775) (61,712) (61,712) (+4,937) ...............
Treasury-wide management....................................... (18,505) (19,009) (19,009) (+504) ...............
Administration................................................. (78,625) (90,994) (90,994) (+12,369) ...............
Department-wide systems and capital investments programs........... 18,710 26,975 26,975 +8,265 ...............
Office of Inspector General........................................ 18,450 19,356 19,356 +906 ...............
Treasury Inspector General for Tax Administration.................. 140,533 145,736 145,736 +5,203 ...............
Air transportation stabilization program account................... -3,600 ............... ............... +3,600 ...............
Financial Crimes Enforcement Network............................... 85,844 91,335 91,335 +5,491 ...............
------------------------------------------------------------------------------------
Subtotal, Departmental Offices............................... 508,297 557,297 557,297 +49,000 ...............
Financial Management Service....................................... 234,423 239,344 239,344 +4,921 ...............
Emergency appropriations (Public Law 110-185).................. 64,175 ............... ............... -64,175 ...............
Alcohol and Tobacco Tax and Trade Bureau:
Salaries and expenses.......................................... 93,515 96,900 98,900 +5,385 +2,000
Bureau of the Public Debt.......................................... 172,871 177,054 177,054 +4,183 ...............
Community development financial institutions fund program account.. 94,000 28,620 100,000 +6,000 +71,380
Payment of government losses in shipment........................... 1,000 2,000 2,000 +1,000 ...............
------------------------------------------------------------------------------------
Total, Department of the Treasury, non-IRS................... 1,168,281 1,101,215 1,174,595 +6,314 +73,380
Internal Revenue Service
Taxpayer services.................................................. 2,150,000 2,150,000 2,213,350 +63,350 +63,350
Emergency appropriations (Public Law 110-185).................. 50,720 ............... ............... -50,720 ...............
Enforcement........................................................ 4,780,000 5,117,267 5,117,267 +337,267 ...............
Operations support................................................. 3,680,059 3,856,172 3,896,650 +216,591 +40,478
Emergency appropriations (Public Law 110-185).................. 151,415 ............... ............... -151,415 ...............
Business systems modernization..................................... 267,090 222,664 282,175 +15,085 +59,511
Health Insurance Tax Credit Administration......................... 15,235 15,406 15,406 +171 ...............
------------------------------------------------------------------------------------
Total, Internal Revenue Service.............................. 11,094,519 11,361,509 11,524,848 +430,329 +163,339
====================================================================================
Total, title I, Department of the Treasury................... 12,262,800 12,462,724 12,699,443 +436,643 +236,719
Appropriations........................................... (11,996,490) (12,462,724) (12,699,443) (+702,953) (+236,719)
(Mandatory).......................................... (1,000) (2,000) (2,000) (+1,000) ...............
(Discretionary)...................................... (11,995,490) (12,460,724) (12,697,443) (+701,953) (+236,719)
Emergency appropriations................................. 266,310 ............... ............... -266,310 ...............
====================================================================================
TITLE II--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED
TO THE PRESIDENT
The White House
Salaries and expenses.............................................. ............... 190,078 ............... ............... -190,078
Compensation of the President.................................. ............... 450 ............... ............... -450
------------------------------------------------------------------------------------
Total, Salaries and expenses................................. ............... 190,528 ............... ............... -190,528
Compensation of the President and the White House Office:
Compensation of the President.................................. 450 ............... 450 ............... +450
Salaries and expenses.......................................... 51,656 ............... 52,499 +843 +52,499
Executive Residence at the White House:
Operating expenses............................................. 12,814 ............... 13,363 +549 +13,363
White House repair and restoration............................. 1,600 ............... 1,600 ............... +1,600
Council of Economic Advisers....................................... 4,118 ............... 4,118 ............... +4,118
Office of Policy Development....................................... 3,482 ............... 5,250 +1,768 +5,250
National Security Council.......................................... 8,640 ............... 9,029 +389 +9,029
Office of Administration........................................... 91,745 ............... 95,633 +3,888 +95,633
------------------------------------------------------------------------------------
Total, The White House....................................... 174,505 190,528 181,942 +7,437 -8,586
Office of Management and Budget.................................... 78,000 72,800 80,172 +2,172 +7,372
Office of National Drug Control Policy
Salaries and expenses.............................................. 26,402 23,697 27,900 +1,498 +4,203
Counterdrug Technology Assessment Center........................... 1,000 5,000 5,000 +4,000 ...............
High intensity drug trafficking areas program...................... 230,000 200,000 235,000 +5,000 +35,000
Other Federal drug control programs................................ 164,300 189,685 204,250 +39,950 +14,565
------------------------------------------------------------------------------------
Total, Office of National Drug Control Policy................ 421,702 418,382 472,150 +50,448 +53,768
Unanticipated needs................................................ 1,000 1,000 1,000 ............... ...............
Presidential transition administrative support..................... ............... 8,000 8,000 +8,000 ...............
Special Assistance to the President and Official Residence of the
Vice President:
Salaries and expenses.......................................... 4,432 4,496 4,496 +64 ...............
Operating expenses............................................. 320 323 323 +3 ...............
====================================================================================
Total, title II, Executive Office of the President and Funds 679,959 695,529 748,083 +68,124 +52,554
Appropriated to the President...............................
Appropriations........................................... (679,959) (695,529) (748,083) (+68,124) (+52,554)
(Mandatory).......................................... (450) (450) (450) ............... ...............
(Discretionary)...................................... (679,509) (695,079) (747,633) (+68,124) (+52,554)
====================================================================================
TITLE III--THE JUDICIARY
Supreme Court of the United States
Salaries and expenses:
Salaries of justices........................................... 2,149 2,119 2,119 -30 ...............
Other salaries and expenses.................................... 64,377 67,658 67,657 +3,280 -1
------------------------------------------------------------------------------------
Subtotal..................................................... 66,526 69,777 69,776 +3,250 -1
Care of the building and grounds................................... 12,201 18,447 18,447 +6,246 ...............
------------------------------------------------------------------------------------
Total, Supreme Court of the United States.................... 78,727 88,224 88,223 +9,496 -1
United States Court of Appeals for the Federal Circuit
Salaries and expenses:
Salaries of judges............................................. 2,431 2,356 2,356 -75 ...............
Other salaries and expenses.................................... 24,641 30,001 29,126 +4,485 -875
------------------------------------------------------------------------------------
Total, US Court of Appeals for the Fed Circuit............... 27,072 32,357 31,482 +4,410 -875
United States Court of International Trade
Salaries and expenses:
Salaries of judges............................................. 1,765 1,696 1,694 -71 -2
Other salaries and expenses.................................... 14,867 17,926 17,911 +3,044 -15
------------------------------------------------------------------------------------
Total, US Court of International Trade....................... 16,632 19,622 19,605 +2,973 -17
Courts of Appeals, District Courts, and Other Judicial Services
Salaries and expenses:
Salaries of judges and bankruptcy judges....................... 332,434 323,911 321,157 -11,277 -2,754
Judges COLA.................................................... 5,000 6,000 6,000 +1,000 ...............
Other salaries and expenses.................................... 4,267,328 4,633,180 4,505,603 +238,275 -127,577
Other salaries and expenses (emergency).................... 14,500 ............... ............... -14,500 ...............
------------------------------------------------------------------------------------
Subtotal, Salaries and expenses.......................... 4,619,262 4,963,091 4,832,760 +213,498 -130,331
Vaccine Injury Compensation Trust Fund............................. 4,099 4,253 4,253 +154 ...............
Defender services.................................................. 835,601 911,408 854,204 +18,603 -57,204
Defender services (emergency).................................. 10,500 ............... ............... -10,500 ...............
Fees of jurors and commissioners................................... 63,081 62,206 62,206 -875 ...............
Court security..................................................... 410,000 439,915 428,004 +18,004 -11,911
------------------------------------------------------------------------------------
Total, Courts of Appeals, District Courts, and Other Judicial 5,942,543 6,380,873 6,181,427 +238,884 -199,446
Services....................................................
Administrative Office of the United States Courts
Salaries and expenses.............................................. 76,036 81,959 79,049 +3,013 -2,910
Federal Judicial Center
Salaries and expenses.............................................. 24,187 25,759 25,468 +1,281 -291
Judicial Retirement Funds
Payment to judiciary trust funds................................... 65,400 76,140 76,140 +10,740 ...............
United States Sentencing Commission
Salaries and expenses.............................................. 15,477 16,257 16,225 +748 -32
====================================================================================
Total, title III, the Judiciary.............................. 6,246,074 6,721,191 6,517,619 +271,545 -203,572
Appropriations........................................... (6,221,074) (6,721,191) (6,517,619) (+296,545) (-203,572)
(Mandatory).......................................... (404,179) (406,222) (403,466) (-713) (-2,756)
(Discretionary)...................................... (5,816,895) (6,314,969) (6,114,153) (+297,258) (-200,816)
Emergency appropriations................................. (25,000) ............... ............... (-25,000) ...............
====================================================================================
TITLE IV--DISTRICT OF COLUMBIA
FEDERAL FUNDS
Federal payment for Resident Tuition Support....................... 33,000 35,100 35,100 +2,100 ...............
Federal payment for Emergency Planning and Security Costs in the 3,352 15,000 15,400 +12,048 +400
District of Columbia..............................................
Federal payment to the District of Columbia Courts................. 223,920 223,920 251,625 +27,705 +27,705
Defender Services in District of Columbia Courts................... 47,975 47,975 52,475 +4,500 +4,500
Federal payment to the Court Services and Offender Supervision 190,343 202,490 203,490 +13,147 +1,000
Agency for the District of Columbia...............................
Federal payment to the District of Columbia Public Defender Service 32,710 35,659 35,659 +2,949 ...............
Federal payment to the District of Columbia Water and Sewer 8,000 14,000 16,000 +8,000 +2,000
Authority.........................................................
Federal payment to the Criminal Justice Coordinating Council....... 1,300 1,774 1,774 +474 ...............
Federal payment to the Office of the Chief Financial Officer of the 5,453 ............... 5,000 -453 +5,000
District of Columbia..............................................
Federal payment for School Improvement............................. 40,800 54,000 54,000 +13,200 ...............
Federal payment for consolidated laboratory facility............... 5,000 5,000 21,000 +16,000 +16,000
Federal payment to jumpstart public school reform.................. ............... 20,000 20,000 +20,000 ...............
Federal payment for Central Library/branch locations............... 9,000 7,000 7,000 -2,000 ...............
Federal payment to reimburse the FBI............................... 4,000 5,000 ............... -4,000 -5,000
Federal payment to the Executive Office of the Mayor............... 5,000 ............... 3,500 -1,500 +3,500
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Total, Title IV, District of Columbia........................ 609,853 666,918 722,023 +112,170 +55,105
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TITLE V--OTHER INDEPENDENT AGENCIES
Christopher Columbus Fellowship Foundation......................... 600 ............... 1,000 +400 +1,000
Commodity Futures Trading Commission............................... 111,266 130,000 157,000 +45,734 +27,000
Consumer Product Safety Commission................................. 80,000 80,000 95,000 +15,000 +15,000
Election Assistance Commission
Salaries and expenses.............................................. 16,530 16,679 16,679 +149 ...............
Election reform programs........................................... 115,000 ............... ............... -115,000 ...............
Election data collection grants.................................... 10,000 ............... ............... -10,000 ...............
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Total, Election Assistance Commission........................ 141,530 16,679 16,679 -124,851 ...............
Federal Communications Commission
Salaries and expenses.............................................. 313,000 338,875 341,875 +28,875 +3,000
Transfer from USF for OIG audits (by transfer)..................... (21,480) (25,480) (25,480) (+4,000) ...............
Offsetting fee collections--current year........................... -312,000 -337,875 -341,875 -29,875 -4,000
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Direct appropriation......................................... 1,000 1,000 ............... -1,000 -1,000
Federal Deposit Insurance Corporation: Office of Inspector General (26,848) (27,495) (27,495) (+647) ...............
(by transfer).....................................................
Federal Election Commission........................................ 59,224 63,618 63,618 +4,394 ...............
Federal Labor Relations Authority.................................. 23,641 22,674 22,674 -967 ...............
Federal Trade Commission
Salaries and expenses.............................................. 243,864 256,200 256,200 +12,336 ...............
Offsetting fee collections--current year........................... -139,000 -168,000 -168,000 -29,000 ...............
Offsetting fee collections, telephone database..................... -23,000 -19,300 -19,300 +3,700 ...............
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Direct appropriation......................................... 81,864 68,900 68,900 -12,964 ...............
General Services Administration
Federal Buildings Fund
Appropriations..................................................... (83,964) (525,000) (671,872) (+587,908) (+146,872)
Limitations on availability of revenue:
Construction and acquisition of facilities..................... 306,448 620,119 766,991 +460,543 +146,872
Construction (emergency)................................... 225,000 ............... ............... -225,000 ...............
Repairs and alterations........................................ 722,161 692,374 692,374 -29,787 ...............
Installment acquisition payments............................... 155,781 149,570 149,570 -6,211 ...............
Rental of space................................................ 4,315,534 4,692,156 4,692,156 +376,622 ...............
Building operations............................................ 2,105,490 2,223,354 2,223,354 +117,864 ...............
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Subtotal..................................................... 7,830,414 8,377,573 8,524,445 +694,031 +146,872
Repayment of debt.................................................. 50,804 56,865 56,865 +6,061 ...............
Rental income to fund.............................................. -7,916,272 -8,134,239 -8,134,239 -217,967 ...............
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Total, Federal Buildings Fund................................ -35,054 300,199 447,071 +482,125 +146,872
Government-wide policy............................................. 52,891 56,578 54,578 +1,687 -2,000
Operating expenses................................................. 85,870 71,811 69,349 -16,521 -2,462
Office of Inspector General........................................ 48,382 54,000 54,000 +5,618 ...............
Electronic Government Fund......................................... 3,000 5,000 1,000 -2,000 -4,000
Allowances and Office Staff for Former Presidents.................. 2,478 2,934 2,934 +456 ...............
Expenses, Presidential transition.................................. ............... 8,520 8,520 +8,520 ...............
Federal Citizen Services Fund...................................... 17,328 36,558 36,558 +19,230 ...............
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Total, General Services Administration....................... 174,895 535,600 674,010 +499,115 +138,410
Merit Systems Protection Board
Salaries and expenses.............................................. 37,507 38,811 38,811 +1,304 ...............
Limitation on administrative expenses.............................. 2,579 2,579 2,579 ............... ...............
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Total, Merit Systems Protection Board........................ 40,086 41,390 41,390 +1,304 ...............
Morris K. Udall Foundation
Morris K. Udall Trust Fund......................................... 3,750 100 3,750 ............... +3,650
Environmental Dispute Resolution Fund.............................. 2,000 850 2,000 ............... +1,150
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Total, Morris K. Udall Foundation............................ 5,750 950 5,750 ............... +4,800
National Archives and Records Administration
Operating expenses................................................. 315,000 327,783 330,883 +15,883 +3,100
Reduction of debt.............................................. -10,896 -11,842 -11,842 -946 ...............
Electronic records archive......................................... 58,028 67,008 67,008 +8,980 ...............
Repairs and restoration............................................ 28,605 9,211 33,211 +4,606 +24,000
National Historical Publications and Records Commission: Grants 9,500 ............... 10,500 +1,000 +10,500
program...........................................................
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Total, National Archives and Records Admin................... 400,237 392,160 429,760 +29,523 +37,600
National Credit Union Administration
Central liquidity facility:
(Limitation on direct loans)................................... (1,500,000) (1,500,000) (1,500,000) ............... ...............
(Limitation on admin expenses, corporate funds)................ (329) (334) (334) (+5) ...............
Community development credit union revolving loan fund............. 975 1,000 1,000 +25 ...............
Office of Government Ethics........................................ 11,750 13,000 13,000 +1,250 ...............
Office of Personnel Management
Salaries and expenses.............................................. 101,765 92,829 92,829 -8,936 ...............
Limitation on administrative expenses.......................... 123,901 118,082 118,082 -5,819 ...............
Office of Inspector General........................................ 1,519 1,538 2,136 +617 +598
Limitation on administrative expenses.......................... 17,081 16,462 20,428 +3,347 +3,966
Govt Payment for Annuitants, Employees Health Benefits............. 8,884,000 9,533,000 9,533,000 +649,000 ...............
Govt Payment for Annuitants, Employee Life Insurance............... 41,000 46,000 46,000 +5,000 ...............
Payment to Civil Svc Retirement and Disability Fund................ 11,941,000 10,550,000 10,550,000 -1,391,000 ...............
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Total, Office of Personnel Management........................ 21,110,266 20,357,911 20,362,475 -747,791 +4,564
Office of Special Counsel.......................................... 17,468 17,468 17,468 ............... ...............
Postal Regulatory Commission....................................... ............... 14,043 14,043 +14,043 ...............
Privacy and Civil Liberties Oversight Board........................ 2,000 2,000 2,000 ............... ...............
Securities and Exchange Commission
Salaries and expenses.............................................. 906,000 913,000 938,000 +32,000 +25,000
Prior year unobligated balances.................................... -63,262 -42,000 -48,000 +15,262 -6,000
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Direct appropriation......................................... 842,738 871,000 890,000 +47,262 +19,000
Selective Service System........................................... 22,000 22,000 22,000 ............... ...............
Small Business Administration
Salaries and expenses.............................................. 344,123 328,159 377,799 +33,676 +49,640
Office of Inspector General........................................ 15,000 15,500 15,500 +500 ...............
Surety bond guarantees revolving fund.............................. 3,000 2,000 2,000 -1,000 ...............
Business Loans Program Account:
Direct loans subsidy........................................... 2,000 ............... 2,500 +500 +2,500
Administrative expenses........................................ 135,414 138,480 138,480 +3,066 ...............
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Total, Business loans program account........................ 137,414 138,480 140,980 +3,566 +2,500
Disaster Loans Program Account:
Direct loans subsidy........................................... ............... 14,301 ............... ............... -14,301
Administrative expenses........................................ ............... 160,068 160,068 +160,068 ...............
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Total, Disaster loans program account........................ ............... 174,369 160,068 +160,068 -14,301
Salaries and expenses, other....................................... 69,451 ............... 69,451 ............... +69,451
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Total, Small Business Administration......................... 568,988 658,508 765,798 +196,810 +107,290
Harry S. Truman Scholarship Foundation............................. ............... ............... 500 +500 +500
United States Postal Service
Payment to the Postal Service Fund................................. 29,000 ............... 29,000 ............... +29,000
Advance appropriations......................................... 88,864 82,831 82,831 -6,033 ...............
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Total, Payment to the Postal Service Fund.................... 117,864 82,831 111,831 -6,033 +29,000
Office of Inspector General........................................ ............... 239,356 239,356 +239,356 ...............
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Total, United States Postal Service.......................... 117,864 322,187 351,187 +233,323 +29,000
United States Tax Court............................................ 45,326 48,463 48,463 +3,137 ...............
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Total, title V, Independent Agencies......................... 23,859,468 23,680,551 24,063,715 +204,247 +383,164
Appropriations........................................... (23,545,604) (23,597,720) (23,980,884) (+435,280) (+383,164)
(Mandatory).......................................... (20,866,000) (20,129,000) (20,129,000) (-737,000) ...............
(Discretionary)...................................... (2,679,604) (3,468,720) (3,851,884) (+1,172,280) (+383,164)
Emergency appropriations................................. (225,000) ............... ............... (-225,000) ...............
Advances................................................. (88,864) (82,831) (82,831) (-6,033) ...............
(by transfer)............................................ (48,328) (52,975) (52,975) (+4,647) ...............
====================================================================================
Grand total.................................................. 43,658,154 44,226,913 44,750,883 +1,092,729 +523,970
Appropriations........................................... (43,052,980) (44,144,082) (44,668,052) (+1,615,072) (+523,970)
Emergency appropriations................................. (516,310) ............... ............... (-516,310) ...............
Advances................................................. (88,864) (82,831) (82,831) (-6,033) ...............
(by transfer)............................................ (48,328) (52,975) (52,975) (+4,647) ...............
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Discretionary total.......................................... 20,710,266 22,367,274 22,870,000 +2,159,734 +502,726
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