Financial Services and General Government Appropriations Bill, 2023 — House Report 117-393
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This is House Report 117-393 of the 117th Congress, 2d Session, titled Financial Services and General Government Appropriations Bill, 2023, from the Committee on Appropriations, together with minority views, committed to the Committee of the Whole House on the State of the Union and ordered to be printed June 28, 2022. Mr. Quigley of Illinois reports on H.R. 8254, making appropriations for Financial Services and General Government for the fiscal year ending September 30, 2023. The index lists titles for the Department of the Treasury, the Executive Office of the President, the Judiciary, the District of Columbia, and independent agencies. The introduction states that the Committee recommends a total of $29,762,000,000 in new discretionary budget authority for fiscal year 2023.
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“Financial Services and General Government Appropriations Bill, 2023 — House Report 117-393.”
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117TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
2d Session 117–393
FINANCIAL SERVICES AND GENERAL GOVERNMENT
APPROPRIATIONS BILL, 2023
JUNE 28, 2022.—Committed to the Committee of the Whole House on the State of
the Union and ordered to be printed
Mr. QUIGLEY of Illinois, from the Committee on Appropriations,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 8254]
The Committee on Appropriations submits the following report in
explanation of the accompanying bill making appropriations for Fi-
nancial Services and General Government for the fiscal year ending
September 30, 2023.
INDEX TO BILL AND REPORT
Page Number
Bill Report
Title I—Department of the Treasury ....................................................... 2 13
Title II—Executive Office of the President and Funds Appropriated to
the President ........................................................................................... 30 35
Title III—The Judiciary ............................................................................. 47 47
Title IV—District of Columbia .................................................................. 57 54
Title V—Independent Agencies ................................................................. 68 59
Administrative Conference of the United States .............................. 68 59
Consumer Financial Protection Bureau ............................................ ........ 59
Consumer Product Safety Commission ............................................. 68 60
Election Assistance Commission ........................................................ 69 61
Federal Communications Commission .............................................. 73 63
Federal Deposit Insurance Corporation ............................................ 75 67
Federal Election Commission ............................................................. 76 67
Federal Labor Relations Authority .................................................... 76 67
Federal Permitting Improvement Steering Council ......................... 77 68
Federal Trade Commission ................................................................ 77 68
General Services Administration ....................................................... 79 73
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47–885
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Page Number
Bill Report
Harry S Truman Scholarship Foundation ........................................ 93 88
Merit Systems Protection Board ........................................................ 94 88
Morris K. Udall and Stewart L. Udall Foundation .......................... 94 89
National Archives and Records Administration ............................... 96 90
National Credit Union Administration ............................................. 98 93
Office of Government Ethics .............................................................. 98 94
Office of Personnel Management ....................................................... 99 94
Office of Special Counsel .................................................................... 102 99
Postal Regulatory Commission .......................................................... ........ 100
Privacy and Civil Liberties Oversight Board .................................... 103 100
Public Buildings Reform Board ......................................................... 103 101
Securities and Exchange Commission ............................................... 103 101
Selective Service System .................................................................... 106 105
Small Business Administration ......................................................... 107 105
United States Postal Service .............................................................. 113 114
United States Tax Court .................................................................... 114 120
Title VI—General Provisions—This Act ................................................... 115 120
Title VII—General Provisions—Government-wide: Departments,
Agencies, and Corporations ................................................................... 130 122
Title VIII—General Provisions, District of Columbia ............................. 181 126
House of Representatives Report Requirements ..................................... ........ 127
SUMMARY OF ESTIMATES AND APPROPRIATIONS
The following table compares on a summary basis the appropria-
tions, including trust funds, for fiscal year 2023, the budget request
for fiscal year 2023, and the Committee recommendation for fiscal
year 2023 in the accompanying bill.
SUMMARY TABLE—AMOUNTS IN NEW BUDGET AUTHORITY
[Net Discretionary Funding in Thousands of Dollars]
Fiscal Committee Recommendation
Year compared to
Title 2023
2022 2023 2022 2023
Committee
Enacted Budget Enacted Budget
Recommendation
Title I—Department of the Treas-
ury ............................................. $14,299,001 $16,156,471 $15,558,522 +1,259,521 ¥597,949
Title II—Executive Office of the
President and Funds Appro-
priated to the President ........... 785,827 853,527 865,027 +79,200 +11,500
Title III—The Judiciary .................. 7,987,126 8,641,878 8,574,373 +587,247 ¥67,505
Title IV—District of Columbia ...... 775,488 773,918 793,918 +18,430 +20,000
Title V—Other Independent Agen-
cies 1 ......................................... 1,817,708 4,529,953 3,969,810 +2,152,102 ¥560,143
Title VI—General
Provisions—This Act ................ ¥174,150 850 850 +175,000 –––
Title VII—General
Provisions—Government-wide .. ¥2,000 ¥2,000 ¥500 +1,500 +1,500
1 Total does not include Disaster Relief funding provided under the Small Business Administration
INTRODUCTION
The Committee recommends a total of $29,762,000,000 in new
discretionary budget authority for fiscal year 2023. The rec-
ommendation is $4,273,000,000 above the comparable fiscal year
2022 enacted level. In addition, the recommendation includes a
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budget cap adjustment of $143,000,000 for disaster relief.
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3
The Committee report refers to certain organizations, offices, and
institutions as follows: the Government Accountability Office as
GAO; the Office of Management and Budget as OMB; the Office of
Personnel Management as OPM; the Internal Revenue Service as
IRS; the General Services Administration as GSA; and full-time
equivalent as FTE. References to ‘‘the Committee’’ means the Com-
mittee on Appropriations of the House of Representatives, unless
otherwise noted. In addition, any reference to the ‘‘budget request’’
or ‘‘the request’’ should be interpreted to mean the Budget of the
U.S. Government, Fiscal Year 2023, that was submitted to Con-
gress on March 28, 2022.
HIGHLIGHTS OF THE BILL
The Financial Services and General Government bill has jurisdic-
tion over a broad and varied range of government functions and
services encompassing both the Executive and Judicial branches.
These appropriations support the Department of the Treasury, the
Executive Office of the President, Federal Payments to the District
of Columbia, and the Federal Judiciary. The bill also provides re-
sources for a long list of independent agencies and commissions,
each of which serves the public with a distinct mission.
Several of these diverse institutions of government, such as the
General Services Administration, the Internal Revenue Service,
and the National Archives and Records Administration, bear re-
sponsibility for basic, but critical, operations of the United States
Government. Others serve public-facing functions such as pro-
tecting consumers from defective and dangerous products, ensuring
that government officials are complying with ethics laws, assisting
small businesses, and investing in distressed communities.
Some of the most significant investments in the fiscal year 2023
Committee recommendation include the following:
Internal Revenue Service (IRS).—The fiscal year 2023 budget in-
vests significantly in improving the taxpayer experience, strength-
ening IRS collections and enforcement, and modernizing IRS sys-
tems. The recommendation of $13,594,578,000 in discretionary
funding, an increase of $1 billion or 8 percent above fiscal year
2022, supports efforts to rebuild IRS after years of budget cuts that
have left the agency understaffed and lacking critical modernized
information technology. Recent hearings and reports have high-
lighted the need for additional staffing to help increase taxpayer
service, especially as it relates to reducing the backlog of unproc-
essed returns and responding to taxpayer calls and correspondence
as well as specialized personnel to increase oversight of high-in-
come taxpayers and corporations to ensure all taxpayers are com-
pliant with tax laws.
IRS received special hiring authorities in fiscal year 2022 to
quickly onboard qualified staff to process returns and provide qual-
ity customer service to taxpayers. Although the IRS has made
strides to onboard and train new staff in fiscal year 2022, they are
struggling to meet their hiring needs. The Committee is concerned
that the backlog of unprocessed returns that began during the pan-
demic when processing centers were closed will continue into the
next filing season. The Committee recognizes the IRS’s moderniza-
tion, staffing, and customer service challenges and has provided ro-
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bust funding to help the IRS succeed. Additionally, the Committee
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looks forward to working with the IRS to support the agency as it
takes on new initiatives and programs in the next year.
Election Security.—The United States continues to face threats
from Russia and other actors attempting to influence the U.S.
democratic process. Since fiscal year 2018, Congress has provided
$880,000,000 in grants to States to improve election security, and
an additional $400,000,000 in fiscal year 2020 to help states pre-
pare for the 2020 elections during the COVID–19 pandemic. As a
result of these investments and the dedicated work by U.S. officials
at all levels of government, the 2020 election was declared ‘‘the
most secure in American history’’ by the Department of Homeland
Security. However, the threats to U.S. democracy are constant and
ever evolving, and vulnerabilities continue to exist throughout the
Nation’s election system. While Congress has made significant in-
vestments in election security, the funding has been inconsistent,
unpredictable, and insufficient to meet the vast need across all the
States and territories. Congress must provide a consistent, steady
source of Federal funds to support State and local election officials
on the frontlines of protecting U.S. elections. The Committee rec-
ommends $400,000,000 for Election Security Grants and reaffirms
the commitment to providing a consistent, steady source of Federal
funds to support State and local election officials on the frontlines
of protecting U.S. elections. In addition to providing support to
State and local election officials, the Committee has supported ef-
forts to rebuild the Election Assistance Commission (EAC), more
than doubling funding for the agency’s operating expenses from fis-
cal year 2019 to fiscal year 2022. The recommendation continues
to support EAC’s growth and includes $34,087,000, an increase of
$14,087,000 above fiscal year 2022, to ensure the agency is appro-
priately resourced to execute its vital mission of protecting Federal
elections.
Combating Financial Crime and Countering the Financing of
Terrorism.—The Committee strongly supports the critical work per-
formed by the Department of the Treasury in combating terrorist
financing and money laundering. The enactment of the Anti-Money
Laundering Act and Corporate Transparency Act in early 2021 rep-
resented the first comprehensive revision to anti-money laundering
and countering the financing of terrorism laws in nearly 20 years.
The Committee recommendation includes $210,330,000 for the Fi-
nancial Crimes Enforcement Network (FinCEN), an increase of
$49,330,000 above fiscal year 2022, to continue implementation of
the programs established in that Act. These new programs and au-
thorities, coupled with the resources included in this bill, will
strengthen FinCEN’s collection and analysis of financial intel-
ligence that can be used by law enforcement to investigate financial
crimes and money laundering. The recommendation also includes
$217,059,000 for the Office of Terrorism and Financial Intelligence,
an increase of $21,867,000 above fiscal year 2022. The additional
funds included in this bill will support Treasury’s continued efforts
to protect the integrity of the U.S. and international financial sys-
tem.
Supporting Underserved Small Businesses and Entrepreneurs.—
Small businesses are the backbone of the U.S. economy. The
United States has more than 30 million small businesses that em-
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ploy nearly half of the country’s private workforce. One element
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critical to the ability of small businesses to grow and thrive is ac-
cess to credit. The Small Business Administration (SBA) plays an
important role in improving access to credit when the private mar-
ket is not meeting the need. SBA loan programs enable small busi-
nesses and entrepreneurs to access loans for working capital, fixed
assets, and other assistance to establish, operate, acquire, or ex-
pand a small business. SBA also provides several programs to help
small businesses win Federal government contracts. The bill sup-
ports the President’s budget proposal to invest in programs to help
underserved entrepreneurs access capital and contracting opportu-
nities, with a goal of increasing the share of federal contracts
awarded to Small Disadvantaged Businesses to 15 percent by 2025.
SBA also serves the small business community through its Entre-
preneurial Development Programs (EDP), which provide training,
counseling, mentoring, technical assistance, and other support. The
Committee recommendation includes $326,000,000 for EDPs, which
is an increase of $35,850,000 above fiscal year 2022, with a focus
on programs that support underserved entrepreneurs, including
women and minority populations.
Community Development Financial Institutions (CDFI) Fund.—
The CDFI Fund has been a lifeline for many struggling low-income
and distressed communities across the country who are particularly
disadvantaged when it comes to accessing credit. The CDFI Fund
has a successful track record promoting access to capital and local
economic growth through the Funds’ Financial and Technical As-
sistance Grants, Native Initiatives, the Bank Enterprise Award
Program, and Healthy Food Financing Initiative Programs. As the
United States recovers from the pandemic, the CDFI Fund is well
positioned to invest in businesses, housing, commercial real estate,
human development, and urban activities that promote long-term
economic and social viability. The Committee provides
$336,420,000 to the CDFI Fund, an increase of $41,420,000 over
fiscal year 2022, with growth to all CDFI programs.
Protecting Consumers.—The Committee is concerned about ongo-
ing consumer protection issues, including hidden and emerging
product safety incidents, market concentration, privacy and data
security violations, and instances of financial fraud. Consequently,
the Committee recommendation provides significant additional re-
sources to agencies responsible for overseeing product safety, fair
competition, unfair and deceptive trade practices, and financial
markets. The recommendation provides $166,300,000—an increase
of $27,250,000 over fiscal year 2022—for the Consumer Product
Safety Commission to address chronic underfunding in recent years
and to expand operational capabilities to match the safety chal-
lenges in an evolving marketplace. The Committee expects that
these additional resources will also allow improved consumer edu-
cation on hidden and emerging hazards, especially in relation to
toys and other products that pose a disproportionate risk for chil-
dren, including crumb rubber.
The Committee recommends $490,000,000—a $113,470,000 in-
crease over fiscal year 2022—for the Federal Trade Commission
(FTC). This additional funding will increase the FTC’s capabilities
both to monitor mergers and acquisitions that could reduce com-
petition or lead to higher prices, and to take enforcement action
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against companies that fail to take reasonable steps to secure cus-
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tomer data or that engage in other problematic trade practices. The
Committee recommendation also increases resources to protect in-
vestors, facilitate capital formation, and combat market manipula-
tion. To that end, the recommendation includes $2,206,405,000—an
increase of $206,742,000 over fiscal year 2022—for the Securities
and Exchange Commission to increase enforcement actions related
to securities and financial fraud, monitoring of major market par-
ticipants, compliance examinations, and investor education activi-
ties.
OVERSIGHT AND MANAGEMENT
The Committee believes strongly in the need for careful oversight
of government expenditure of taxpayer dollars and is committed to
providing the necessary oversight to reduce waste, fraud, and inef-
ficiency in the operations and programs funded by the Financial
Services and General Government bill.
To this end, the Committee recommendation takes care to ensure
adequate resources for the Offices of Inspectors General (OIG)
funded by this Act, each of which plays a critical role in monitoring
the agencies under the jurisdiction of this bill.
Additionally, language is included, where needed, directing agen-
cies to provide spending plans, performance measurements, and
workforce and project implementation plans to the Committee for
review. The Committee intends to continue coordination with the
Comptroller General of the United States, which offers expertise in
reducing waste, fraud, and misuse of Federal funds.
The Committee recommendation again includes a provision re-
quiring OMB to remind all Federal agencies of the compliance obli-
gations detailed in title VII of this Act.
REPROGRAMMING AND OPERATING PLAN PROCEDURES
Section 608 and Section 738 of this Act detail department and
agency responsibilities and procedures relating to reprogramming
of funds among programs, projects, and activities. Each department
and agency funded in this Act shall follow the directions set forth
in this Act and its accompanying report and shall not reallocate re-
sources or reorganize activities except as provided herein. The
Committee expects that agencies or entities that fulfill the require-
ments of Section 608 will also be in compliance with the require-
ments of Section 738.
Section 608 requires agencies and entities funded by this Act to
receive prior approval from the Committees on Appropriations of
the House of Representatives and the Senate for any reprogram-
ming of funds that (1) creates a new program; (2) eliminates a pro-
gram, project, or activity; (3) increases funds or personnel for any
program, project, or activity for which funds have been denied or
restricted by Congress; (4) proposes to use funds directed for a spe-
cific activity by the Committee on Appropriations of either the
House of Representatives or the Senate for a different purpose; (5)
augments existing programs, projects, or activities in excess of
$5,000,000 or 10 percent, whichever is less; (6) reduces existing
programs, projects, or activities by $5,000,000 or 10 percent, which-
ever is less; or (7) creates or reorganizes offices, programs, or ac-
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tivities. In addition, prior to any significant reorganization, restruc-
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turing, relocation, or closing of offices, programs, or activities, each
agency or entity funded in this Act shall consult with the Commit-
tees on Appropriations.
Not later than 60 days after the date of enactment of this Act,
each agency shall submit a report to establish the baseline for ap-
plication of reprogramming and transfer authorities for fiscal year
2023. The amount appropriated for agencies shall be reduced by
$100,000 per day for each day after the required date that the re-
port has not been submitted to the Committees.
Reprogramming procedures shall apply to funds provided in this
bill, unobligated balances from previous appropriations Acts that
are available for obligation or expenditure in fiscal year 2023, and
non-appropriated resources such as fee collections that are used to
meet program requirements in fiscal year 2023.
To assess a reprogramming request, the Committee expects it
would require the following information, at minimum: a thorough
justification for the reprogramming, the impact of the reprogram-
ming on budget requirements for future fiscal years, and the im-
pact of the reprogramming on carryover funding. These require-
ments also apply to significant reorganizations or restructurings of
programs, projects, or activities, even if such a reorganization or re-
structuring does not involve reprogramming of funding. The Com-
mittee also expects prompt notification of any reprogramming that
does not meet the above criteria but might have significant impacts
on budgetary requirements for future fiscal years.
The Committee directs that, for purposes of this report and the
Act, the term ‘‘consult’’ means a pre-decisional engagement be-
tween a relevant Federal agency and the Committee during which
the Committee is provided a meaningful opportunity to provide
facts and opinions to inform: (1) the use of funds; (2) the develop-
ment, content, or conduct of a program or activity; or (3) a decision
to be taken.
Except in emergency situations, reprogramming requests should
be submitted no later than June 30, 2023. Moreover, the Com-
mittee notes that when an agency or entity submits a reprogram-
ming or transfer request to the Committees on Appropriations and
does not receive identical responses from the House and Senate, it
is the responsibility of the Department or agency to reconcile the
House and Senate differences before proceeding and, if reconcili-
ation is not possible, to consider the request to reprogram funds
unapproved.
The Committee further expects any agency or entity funded in
this bill that plans a reduction-in-force to notify the Committee in
writing at least 30 days in advance of the date of such planned per-
sonnel action.
OTHER MATTERS AND DIRECTIVES
Reports.—Agencies funded by this Act that currently provide sep-
arate copies of periodic reports and correspondence to the chairs
and ranking members of the House and Senate Appropriations
Committees and Subcommittees on Financial Services and General
Government are directed to use a single cover letter jointly ad-
dressed to the chairs and ranking members of the Committees and
Subcommittees of both the House and the Senate. To the greatest
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extent feasible, agencies should include in the cover letter a ref-
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erence or hyperlink to facilitate electronic access to the report and
provide the documents by electronic mail delivery. These measures
will help reduce costs, conserve paper, expedite agency processing,
and ensure that consistent information is conveyed concurrently to
the majority and minority committee offices of both chambers of
Congress.
To help ensure the Committees’ ability to perform their respon-
sibilities, the Committees insist on having direct, unobstructed,
and timely access to the budget offices and expect to be able to re-
ceive forthright and complete responses from those offices and their
employees.
Federal Law Enforcement.—The explanatory statement that ac-
companied the Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2022 directed the Attorney General to ensure
implementation of evidence-based training programs on de-esca-
lation, the use-of force, and the protection of civil rights, that are
broadly applicable and scalable to all Federal law enforcement
agencies. Several agencies funded by this Act employ Federal law
enforcement officers and are Federal Law Enforcement Training
Centers partner organizations. These agencies are again directed to
consult with the Attorney General regarding the implementation of
these programs for their law enforcement officers. The Committee
further directs such agencies to submit a report to the Committee
on their efforts relating to such implementation not later than 90
days after consultation with the Attorney General. In addition, the
Committee continues to direct such agencies to the extent that they
are not already participating, to consult with the Attorney General
and the Director of the FBI regarding participation in the National
Use-of-Force Data Collection. The Committee further directs such
agencies to submit a report to the Committee not later than 180
days after enactment of this Act on their efforts to so participate.
Budget Justifications.—Budget justifications are the primary tool
used by the 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 1 specifically instructs agencies to
consult with Congressional committees beforehand. The Committee
expects that all agencies funded under this Act will heed this direc-
tive.
The Committee continues the direction that justifications sub-
mitted with the fiscal year 2024 budget request by agencies funded
under this Act contain the customary level of detailed data and ex-
planatory statements to support the appropriations requests at the
level of detail contained in the funding table included at the end
of this report. Among other items, agencies shall provide a detailed
discussion of proposed new initiatives, proposed changes in the
agency’s financial plan from prior year enactment, detailed data on
all programs, and comprehensive information on any office or agen-
cy restructurings. At a minimum, each agency must also provide
adequate justification for funding and staffing changes for each in-
dividual office and materials that compare programs, projects, and
activities that are proposed for fiscal year 2024 to the fiscal year
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2023 enacted levels.
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Community Project Funding Oversight, Transparency, and Ac-
countability.—The Committee includes, as part of the fiscal year
2023 appropriations process, Community Project Funding, which
identifies the specific recipients of certain Federal funds. Commu-
nity Project Funding is being included in most of the fiscal year
2023 appropriations bills, consistent with House Rules XXI and
XXIII, and the Committee highlights the public transparency and
accountability that underpins the process for vetting these pro-
posals.
The Committee directs the Government Accountability Office to
again undertake an audit of Community Project Funding contained
in fiscal year 2023 appropriations legislation. The audit shall in-
clude the same characteristics GAO adhered to in its fiscal year
2022 Community Project Funding directive after consulting with
the Committees on Appropriations.
To support GAO’s oversight efforts, the Committee recommenda-
tion requires any non-Federal recipient of Community Project
Funding to retain records relevant to the obligation or expenditure
of such funding. The recommendation further requires that each re-
cipient of Community Project Funding make such records, as well
as the entity’s staff and facilities, available to GAO to support the
agency’s oversight efforts.
The Committee recognizes that recipients of Community Project
Funding will have varying levels of institutional capacity for
record-keeping and does not intend for the record-retention require-
ments to impose undue administrative burdens upon recipients.
The Committee expects that the Comptroller General will make
similar efforts to reasonably accommodate recipients in their direct
interactions to similarly not subject them to undue burden.
Federal Home Loan Bank System.—The Committee recognizes
the critical nature of tax-exempt bonds to the economic livelihood
of rural and socio-economically disadvantaged communities across
the country, and that states, local governments, and service-ori-
ented organizations rely on tax-exempt bonds to raise funds for in-
frastructure projects. Congress created the Federal Home Loan
Bank System (‘‘System’’) in 1932 to provide liquidity and spur
homeownership during the Great Depression. In 2008, the System
was congressionally authorized to provide liquidity to municipali-
ties. Prior to the authorization sunsetting in 2010, the system pro-
vided liquidity through letters of credit, enabling $4 billion worth
of infrastructure projects. To aid in the nation’s recovery from
COVID–19 and to best leverage the investment made through the
Infrastructure Investment and Jobs Act, the Committee encourages
leveraging the Federal Home Loan Bank System to expand access
to liquidity in the form of credit enhanced local bonds.
Transparency in the Federal Home Loan Bank System.—The
Committee supports the mandate of the Federal Home Loan Bank
System to support housing finance and community investment. The
Committee recognizes that one way that Federal Home Loan Banks
demonstrate their successful commitment to this mandate is by
achieving threshold core mission asset ratios. The Committee urges
the Federal Housing Finance Agency to ensure all Federal Home
Loan Banks publicly disclose primary mission asset ratios and core
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mission asset ratios and collect these asset ratios in one easily ac-
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cessible webpage to increase transparency in the Federal Home
Loan Bank System.
Customer Service Measures.—The Committee continues to sup-
port efforts to improve customer experience in accordance with Ex-
ecutive Order 13571, ‘‘Streamlining Service Delivery and Improving
Customer Service,’’ and directs all agencies funded by this Act to
continue to develop standards to improve customer service and in-
corporate the standards into the performance plans required under
title 31 of the United States Code. The Committee directs the agen-
cies funded by this Act to report on their implementation plans re-
garding this subject no later than 60 days after enactment of this
Act.
Grants Training Practices.—In report 18–491, Actions Needed to
Ensure Staff Have Skills to Administer and Oversee Federal
Grants, GAO found that many agencies vary in following best prac-
tices in approaches for their grants training programs. The Com-
mittee directs each department and agency with grants specialists
to establish a process to monitor and evaluate grants training at
a centralized level and expects that such agencies will work toward
implementation of the recommendations contained in GAO 18–491.
The Committee directs GAO to submit a report to the Committee
on progress made in this regard within 60 days of enactment of
this Act.
American Flag Purchases.—The Committee again urges all Fed-
eral agencies to only purchase flags that contain 100 percent Amer-
ican-made materials even though the All American Flag Act re-
quires the Federal government to purchase flags made of only 50
percent American-made materials.
Drinking Water.—The Committee notes that not every Federal
agency provides complimentary filtered drinking water for employ-
ees and urges Federal agencies to explore options for ensuring ac-
cess to filtered drinking water.
Retail Redlining Study.—The Committee remains concerned over
retail redlining that detrimentally impacts employment opportuni-
ties, the local tax base, redevelopment, and economic growth. The
Committee looks forward to reviewing the report requested in
House Report 117–79, Retail Redlining Study, regarding redlining’s
effects on the placement of Class A commercial investment and
other business lending in the U.S., particularly in areas with high
minority populations. The Committee is especially interested in
community practices where characteristics, like median income
level or proximity to public transportation, meet the requirements
for locating Class A commercial retail, but where those commu-
nities are ignored by developers and continuously fall short in at-
tracting this type of retail.
Arbitration Agreements.—The Committee is concerned about the
prevalence of forced arbitration clauses in contracts between con-
sumers and companies. The Committee notes that with the passage
of the Ending Forced Arbitration of Sexual Assault and Sexual
Harassment (Public Law 117–90), Congress acted to end forced ar-
bitration in certain circumstances, acknowledging that the practice
can be an unfair and inappropriate process for resolving certain
claims. The Committee directs the Government Accountability Of-
fice (GAO) to evaluate the use of forced arbitration by government
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contractors. Specifically, GAO should issue a report that examines
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11
how often government contractors require employees to sign man-
datory arbitration agreements and whether employee contracts also
include non-disclosure agreements. GAO shall submit this report
no later than 180 days after enactment of this Act.
Regional Councils and Councils of Government.—Regional coun-
cils and councils of government play an important role in the ad-
ministration of government services and promoting regional col-
laboration. The Committee recommends that Federal agencies con-
sider making such entities eligible to compete for grant funding for
appropriate programs.
Funds Management.—The Committee is pleased with OMB’s
timely implementation of initial deadlines outlined in section 204
of last year’s agreement. The Committee continues to agree with
GAO’s recommendation to require OMB to publicly post all appor-
tionments of executive branch appropriations, as outlined in GAO’s
Proposals to Reinforce Congress’s Constitutional Power of the
Purse (report B–333181, issued on April 29, 2021) and in additional
testimony before the House Committee on the Budget on April 29,
2021. The Committee notes that the provision of these documents
pursuant to section 204 of last year’s agreement has proven critical
to the Congress’s timely oversight of the executive branch’s man-
agement of appropriated funds. Consistent with GAO’s rec-
ommendation, and in furtherance of the Committee’s oversight re-
sponsibilities, the Committee includes a provision that would make
permanent last year’s requirement to make apportionments of ap-
propriations publicly available in a timely fashion.
The Committee again notes that apportionments are only legally
binding under the Antideficiency Act to the extent that they are
consistent with the law and within the bounds of the Antideficiency
Act apportionment authority, and the Committee expects that any
department or agency will promptly notify Congress in the event
that an apportionment contains contrary direction. To that end, the
recommendation continues a provision that requires each depart-
ment and agency of the executive branch to notify Congress if an
apportionment is not provided in the required timeframe, condi-
tions (or purports to condition) availability on some further action,
could hinder the department or agency’s obligation of budgetary re-
sources, or otherwise improperly restricts budgetary resources.
Impoundment of Resources.—The Committee agrees with GAO
decision B–330330, issued on December 10, 2018, regarding the
withholding of budgetary authority from obligation pending con-
gressional consideration of a special message under the Impound-
ment Control Act of 1974 (ICA). In that decision, GAO concluded
that ‘‘the ICA does not permit the withholding of funds through
their date of expiration’’ and that ‘‘under the Constitution, the
President must take care to execute the appropriations that Con-
gress has enacted.’’
The Committee also agrees with GAO’s recommendation to Con-
gress in report B–333181 to clarify the law ‘‘[t]o ensure consistency
in the application of the Impoundment Control Act and the timely
obligation of enacted budget authority.’’ In support of its rec-
ommendation, GAO explained that ‘‘allow[ing] such so-called ‘pock-
et rescissions’ would upset the delicate balance of powers provided
for in the Constitution. Congress wields the authority to introduce,
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consider, and pass legislation—including appropriations—and the
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12
President must take care that enacted laws be faithfully executed.
Appropriations are laws like any other and can be rescinded only
through the bicameralism and presentment procedures that the
Constitution prescribes. Indeed, the Supreme Court has noted that
there ‘is no provision in the Constitution that authorizes the Presi-
dent to enact, to amend, or to repeal statutes.’ Interpreting the Im-
poundment Control Act as authorizing the President to unilaterally
cancel budget authority would bestow powers upon the President
beyond those the Constitution contemplates and would deny Con-
gress its constitutionally prescribed role in the enactment of law.’’
Consistent with GAO’s recommendation, the Committee includes
new requirements in title VII of this Act that expand upon the ex-
isting requirements under the ICA to make budget authority avail-
able in sufficient time for prudent obligation. This new provision
requires that budget authority proposed for rescission or deferral
pursuant to sections 1012 or 1013 of the ICA be made available,
not just in time to be prudently obligated (as is required under the
ICA), but, in any case, no later than 90 calendar days before such
budget authority would expire. This requirement applies to the cur-
rent period of availability of budget authority proposed for rescis-
sion or deferral under the ICA procedures, as well as the initial pe-
riod of availability of such budget authority. Withholding budget
authority with a fixed period of availability through its expiration
would not just violate the ICA but would violate the requirements
of this new provision as well. The Committee recommendation in-
cludes a corresponding requirement that appropriations be released
to agencies through administrative apportionment processes in
time for the agencies to prudently obligate their appropriations (as
is already required under current law), but in any case, to release
funds to agencies no later than 90 calendar days before such appro-
priation would expire.
In furtherance of those requirements, the Committee rec-
ommendation requires that GAO report on the executive branch’s
compliance with these new requirements, and that the President
provide to GAO such information, documentation, views, and access
to personnel as the Comptroller General determines is necessary to
complete any such report.
Reporting Requirement for Impoundment of Resources.—The
Antideficiency Act (ADA) and Impoundment Control Act of 1974
(ICA) are bedrock appropriations laws that protect Congress’s
power of the purse. By law, executive branch agencies must imme-
diately report ADA violations to the President and Congress, while
transmitting a copy of the report to the Comptroller General. How-
ever, under current law, the executive branch is not required to no-
tify Congress of violations of the ICA. The Committee believes that
the executive branch should similarly inform Congress of ICA vio-
lations, and this provision requires such reporting to Congress,
with a copy to the Committees on Appropriations and the Comp-
troller General. The Committee directs that reports submitted pur-
suant to this provision follow the reporting standards for ADA vio-
lations in section 145 of OMB Circular No. A–11 and contain, at
a minimum, the same information that is included in ADA viola-
tion reports under section 145.
Executive Branch Responsiveness to GAO.—In report B–333181,
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GAO detailed the difficulty they have encountered in getting timely
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13
responses from agencies; in some cases, they received no responses
at all. This has occurred during both Democratic and Republican
Administrations, and it has impacted GAO’s ability to provide time-
ly decisions to Congress. For these reasons, GAO recommended
that ‘‘[t]o ensure that GAO receives timely responses to our re-
quests, we recommend a provision of law to require agencies to re-
spond to our letters within a certain time period.’’ Consistent with
GAO’s recommendation, the Committee expands upon GAO’s cur-
rent law access to information by including a requirement for exec-
utive agencies to respond to GAO’s written requests for informa-
tion, documentation, and views relating to a decision or opinion on
budget or appropriations law not later than 20 days after the agen-
cy receives the request, unless such request provides a later dead-
line. The bill requires the Comptroller General to notify Congress
in the event that requested information is not provided to GAO
within the required timeframe, and it authorizes the Comptroller
General to bring suit to compel production of information, docu-
mentation, or views withheld in violation of this section.
The Committee also expands the reporting requirements in the
Antideficiency Act to ensure that Congress has access to essential
oversight information.
TITLE I—DEPARTMENT OF THE TREASURY
DEPARTMENTAL OFFICES
SALARIES AND EXPENSES
Appropriation, fiscal year 2022 ......................................................... $243,109,000
Budget request, fiscal year 2023 ....................................................... 293,242,000
Recommended in the bill ................................................................... 278,382,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +35,273,000
Budget request, fiscal year 2023 ................................................ ¥14,860,000
The Departmental Offices support the Secretary of the Treasury
as the chief operating executive of the Department and in their role
in determining the tax, economic, and financial management poli-
cies of the Federal government. The Secretary’s responsibilities
funded by the Salaries and Expenses appropriation include: recom-
mending and implementing domestic and international economic
and tax policy; providing recommendations regarding fiscal policy;
governing the fiscal operations of the government; managing the
public debt; managing development of financial policy; representing
the U.S. on international monetary, trade, and investment issues;
overseeing Treasury Department international operations; directing
the administrative operations of the Treasury Department; and
providing executive oversight of the bureaus within the Treasury
Department.
COMMITTEE RECOMMENDATION
The Committee recommends $278,382,000 for Departmental Of-
fices, Salaries and Expenses.
Treasury Forfeiture Fund.—The Department is directed to con-
tinue to submit a detailed table each month reporting the interest
earned, forfeiture revenue collected, unobligated balances, recov-
eries, expenses to date, and expenses estimated for the remainder
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of the fiscal year.
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Climate-Related Financial Risk.—The Committee strongly sup-
ports the ongoing work by the Department and the Financial Sta-
bility Oversight Council (FSOC) in assessing and identifying cli-
mate-related risk to financial stability. The Committee encourages
the Department to continue to assess the potential for and implica-
tions of climate-related ‘‘sub-systemic’’ shocks to financial markets
and institutions in particular sectors and regions of the United
States, such as agricultural and community banks and financial in-
stitutions serving low- to moderate-income or marginalized commu-
nities. The Committee expects the Department to make tangible
recommendations for Federal regulators, policymakers, and busi-
nesses.
Climate-Related Insurance Risk.—The Committee looks forward
to the Federal Insurance Office’s (FIO) forthcoming report, antici-
pated by the end of the year, which is expected to provide an as-
sessment of climate-related issues or gaps in the supervision and
regulation of insurers, including their potential impacts on U.S. fi-
nancial stability, and include an analysis of climate-related disclo-
sures for the insurance sector. The Committee expects the FIO to
include a study of the impacts that increased wildfire risk is hav-
ing, and will have, on insurance markets, including recommenda-
tions to ensure home, business, and commercial property insurance
covering wildfire-related losses remains available and affordable.
Property Damage Exclusions.—The Committee directs the FIO to
gather data on property damage exclusions in homeowners’ and
renters’ insurance policies covering both property damage and li-
ability across the industry. The FIO should assess which types of
property damage are excluded from coverage, including non-natural
disaster-related water damage; the rates at which each type of cov-
erage is excluded; and how and why property damage exclusions
have changed over time. In addition, the FIO should investigate
whether companies offer riders to cover these exclusions, and if and
at what rates consumers are purchasing these riders. The FIO
shall include these findings in its annual report to Congress.
Automobile Insurance Rates.—The Committee is aware of con-
cerns regarding the lack of reliable data regarding disparate pric-
ing practices in the automobile insurance market. The Committee
believes that the availability of such data on people of color and
those in lower-income communities would be useful to policymakers
and researchers. Therefore, the Committee directs the FIO to ex-
amine the impact of non-driving related factors, such as a con-
sumer’s credit history, homeownership status, census tract, marital
status, professional occupation, and educational attainment, on the
affordability of auto insurance premiums for traditionally under-
served communities.
Office of Tribal Affairs.—The Department plays an important
role in matters that seriously affect the welfare and sovereignty of
Tribal nations, and recent engagements between Tribal nations
and the Department demonstrate a pressing need for an Office of
Tribal Affairs. The Committee encourages the Department to estab-
lish an Office of Tribal Affairs to improve the Department’s out-
reach and capacity to respond to the needs of Native communities.
Cybersecurity in the Financial Services Sector.—The Committee
supports the Department’s efforts to protect the financial services
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sector and its customers from the devastating effects of
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cyberattacks. As the designated Sector Risk Management Agency
for the financial services sector, the Committee encourages the De-
partment, through the Office of Cybersecurity and Critical Infra-
structure Protection (OCCIP), to further improve resilience to
cyberattacks by expanding risk assessment and mitigation capabili-
ties. OCCIP is encouraged to engage in efforts to map third party
dependencies in the financial sector, provide analyses of domestic
and international cybersecurity threats and vulnerabilities, and
support bilateral and multilateral engagement on financial sector
cybersecurity in strategically important regions, including Eastern
Europe and East Asia. OCCIP is directed to brief the Committee
within 90 days of enactment of this Act on its collaborative efforts
with the financial services sector to enhance cybersecurity controls
and safeguards, and the proposed methods and tools to improve
these efforts.
Treasury-backed Green Bonds.—The Department is encouraged
to assess the feasibility and potential benefits of issuing a Treas-
ury-backed ‘‘Green Bond,’’ a type of fixed-income instrument that
is specifically earmarked to raise money for climate and environ-
mental projects. Such assessment should include issues as tax-
onomy, a national standard for Green Bonds, and proposed use of
funds raised by Treasury-backed Green Bonds.
Financial Stability Oversight Council Guidance.—The Committee
recognizes the guidance finalized by FSOC on December 4, 2019,
regarding the designation of nonbank financial companies as sys-
temically important financial institutions, which outlines an activi-
ties-based approach and is intended to make FSOC’s process more
transparent, accountable, and rigorous. While FSOC’s guidance is
important, the Committee recognizes Congress may also codify
these changes to require FSOC to focus on activities-based risk as-
sessments for nonbank financial companies, which would target
areas of potential systemic risk, instead of on designations of indi-
vidual companies.
Financial Literacy.—The Committee is concerned about the low
level of financial literacy and numeracy skills among the adult pop-
ulation of the United States, as well as among primary and sec-
ondary students as they enter the workforce or pursue post-sec-
ondary education. As the Department develops and implements ini-
tiatives to educate and empower consumers to make better in-
formed financial decisions, the Committee directs the Department
to work with the Financial Literacy and Education Commission
(FLEC) to develop materials that effectively serve at-risk groups,
such as communities of color and historically disadvantaged indi-
viduals. Further, the Committee encourages the Department to ex-
plore the degree to which existing Federal financial literacy pro-
grams benefit those individuals with low literacy skills and to de-
velop measurable goals and objectives for the FLEC that address
the needs of this population. Finally, the Committee urges the De-
partment to explore opportunities to work with rural community-
based adult and family literacy organizations to promote and im-
plement future financial literacy initiatives.
Cryptocurrency.—The Committee is concerned with the high vol-
atility and financial risks associated with investing in
cryptocurrency, particularly among financially vulnerable investors.
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The Committee encourages the Department and the FLEC to con-
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16
tinue to educate consumers and the public on the financial risks of
cryptocurrency and to provide recommendations to protect under-
banked and disadvantaged investors from the financial risks of
cryptocurrency.
Student Loans.—The Committee urges the Department, in co-
ordination with Federal banking regulators, to continue to encour-
age financial institutions to work constructively with private stu-
dent loan borrowers experiencing financial difficulties.
Treatment of U.S. Territories.—The Committee is concerned with
the continued inclusion of U.S. territories on the European Union’s
(EU) list of non-cooperative jurisdictions for tax purposes, and with
the EU’s decision to analyze U.S. territories separately from the
United States as a whole. This blacklisting is damaging to invest-
ment and economic development in the territories, particularly as
the territories are striving to recover from recent emergencies and
natural disasters. The Committee finds the blacklisting to be un-
substantiated and rejects the inclusion of U.S. territories on the
list. The Committee urges the Department to continue its efforts to
have all U.S. territories removed from the list. The Department is
directed to brief the Committee and the Committee on Financial
Services within 60 days of enactment of this Act on this issue.
Puerto Rico Technical Assistance.—Within 90 days of enactment
of this Act, the Department is directed to provide a report to the
Committee describing the technical assistance it has provided to
Puerto Rico in fiscal year 2022 and planned assistance in fiscal
year 2023, in light of any financial hardships that may have been
experienced during the COVID–19 pandemic and the continued re-
covery from Hurricane Maria.
U.S. Foreign Indebtedness.—The Committee looks forward to the
briefing required in House Report 117–79 regarding U.S. foreign
indebtedness, including current levels of foreign indebtedness and
the potential national security concerns with such indebtedness.
COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES FUND
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2022 ......................................................... $20,000,000
Budget request, fiscal year 2023 ....................................................... 20,000,000
Recommended in the bill ................................................................... 20,000,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. –––
Budget request, fiscal year 2023 ................................................ –––
The Committee on Foreign Investment in the United States
(CFIUS) was established in 1975 to monitor the impact of foreign
investment in the United States and to coordinate and implement
Federal policy on such investment. The Foreign Investment Risk
Review Modernization Act of 2018 (FIRRMA) expanded the juris-
diction of CFIUS to address growing national security concerns
over foreign exploitation of certain national security structures that
traditionally have fallen outside of the Committee’s jurisdiction,
and modernized CFIUS processes to better enable timely and effec-
tive reviews of covered transactions. FIRRMA also established the
CFIUS Fund to support these expanded functions and responsibil-
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ities, and to collect filing fees.
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COMMITTEE RECOMMENDATION
The Committee recommends $20,000,000 for the CFIUS Fund. In
addition, $25,611,000 is included under the Salaries and Expenses
appropriation for CFIUS activities.
The Committee strongly supports CFIUS’ vital work to safeguard
U.S. national security and supports the Department’s efforts to hire
and fully staff operations for CFIUS activities. CFIUS serves a crit-
ical role in reviewing transactions that may pose a national secu-
rity threat, particularly foreign corporate acquisition of U.S. busi-
nesses. The Committee urges an additional level of scrutiny over
major mergers that would result in combined total assets exceeding
$1 billion. The Committee notes the importance of closely moni-
toring anticompetitive consolidations that hurt small businesses
and often result in artificial price inflation.
Spending Plan.—The Department is directed to provide a de-
tailed accounting of planned expenditures of the Department and
member agencies prior to obligating or transferring amounts avail-
able in the CFIUS Fund.
CFIUS Fund Interagency Transfers.—The Committee looks for-
ward to the report required in House Report 117–79 on the process
through which CFIUS funds are distributed across the interagency.
During fiscal year 2023, the Committee expects to be kept informed
of any changes to the criteria and process used to approve CFIUS
Fund requests within Treasury and the interagency.
OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE
SALARIES AND EXPENSES
Appropriation, fiscal year 2022 ......................................................... $195,192,000
Budget request, fiscal year 2023 ....................................................... 212,059,000
Recommended in the bill ................................................................... 217,059,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +21,867,000
Budget request, fiscal year 2023 ................................................ +5,000,000
Economic and trade sanctions issued and enforced by the Office
of Terrorism and Financial Intelligence’s (TFI) Office of Foreign As-
sets Control (OFAC) protect the financial system from being pol-
luted with criminal and illicit activities and counteract national se-
curity threats from drug lords, terrorists, human rights abusers,
weapons of mass destruction proliferators, and rogue nations,
among others. In addition to the enforcement of sanctions, TFI also
produces vital analysis of foreign intelligence and counterintel-
ligence across all elements of the national security community.
COMMITTEE RECOMMENDATION
The Committee recommends $217,059,000 for TFI.
Russian Sanctions.—The Committee is concerned that high-rank-
ing Russian officials and oligarchs are evading sanctions by trans-
ferring assets to family members, thereby weakening the sanctions
regime on those responsible for Russia’s continued aggression in
Ukraine and human rights abuses. The Committee urges OFAC to
conduct a review of the transfer of Russian assets and apply sanc-
tions to personal relatives where appropriate. Such sanctions
should be tied to gross human rights abuses such as illegal detain-
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ment of prisoners of war and other freedom-fighters.
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Central America Sanctions.—The Committee is deeply concerned
by the corruption and degradation of the rule of law in the North-
ern Triangle. Economic sanctions are an important tool in combat-
ting corruption and reducing human rights abuses. In accordance
with the Administration’s goal of countering corruption, which is a
root cause of migration from Central America, the Committee sup-
ports the use of funds within TFI to increase OFAC’s capacity for
investigations, policy development, and enforcement of sanctions
against individuals from Central America that are involved with
corruption, human rights abuses, and anti-democratic activities.
Further, the Committee urges Treasury and the Department of
State to strengthen inter-departmental coordination and collabora-
tion on sanctions to ensure a whole-of-government response to
these corrupt and undemocratic actors. OFAC is directed to brief
the Committee on the challenges with investigating, developing,
and enforcing sanctions in this region within 90 days of enactment
of this Act. The briefing shall also discuss how sanctions could be
used to address theft of electricity by criminal organizations in
Central America, particularly Guatemala.
Countering Corruption.—The Committee is concerned that the
lack of anti-money laundering regulations in the $18 trillion pri-
vate funds industry facilitates money laundering by Russian
oligarchs subject to sanctions. The Committee notes the Depart-
ment’s active consideration of a proposed rule that would address
existing gaps in regulatory coverage for investment advisers and
urges Treasury to use its rulemaking authority to prescribe min-
imum standards for anti-money laundering programs for the pri-
vate investment industry.
Impact of Sanctions on Civilian Populations.—The Committee is
concerned by the humanitarian impacts of comprehensive sanctions
programs on civilian populations. The Treasury 2021 Sanctions Re-
view documented several recommendations to modernize U.S. eco-
nomic and financial sanctions, including the need to appropriately
calibrate sanctions to ensure that legitimate humanitarian aid con-
tinues to flow to non-targeted populations. The Committee urges
the Department to provide clear communication to Congress, the
regulated community, humanitarian aid groups, and the general
public regarding the next steps in the sanctions review process.
The Department is directed to brief the Committee not later than
60 days after enactment of this Act on implementation of the sanc-
tions review’s findings, including how OFAC is refining sanctions
processes and initiatives to reduce the unintended impacts of com-
prehensive sanctions programs on humanitarian and peacebuilding
activities.
Sanctions Enforcement in Africa.—The Committee is concerned
that corruption continues to be an impediment to social, economic,
and political development in nations such as Sudan, South Sudan,
the Central African Republic, and the Democratic Republic of
Congo. The Committee supports the use of funds to enhance re-
gional expertise and capacity to promote the effectiveness of sanc-
tions regimes and international arms embargoes designed to curtail
the flow of funding that is fueling wars and contributing to regional
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destabilization.
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CYBERSECURITY ENHANCEMENT ACCOUNT
Appropriation, fiscal year 2022 ......................................................... $80,000,000
Budget request, fiscal year 2023 ....................................................... 215,000,000
Recommended in the bill ................................................................... 135,000,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +55,000,000
Budget request, fiscal year 2023 ................................................ ¥80,000,000
The Cybersecurity Enhancement Account (CEA) is a dedicated
account designed to identify and support Department-wide invest-
ments for critical IT improvements, including the systems identi-
fied as High Value Assets.
COMMITTEE RECOMMENDATION
The Committee recommends $135,000,000 for the CEA.
Quarterly Reports.—Within 60 days of enactment of this Act, the
Department is directed to submit a plan for the obligation of funds
by quarter for each CEA investment. The plan shall include prior
year unobligated balances and delineate planned obligations by
source year of appropriation. The plan shall also include antici-
pated unobligated balances at the close of the fiscal year and the
planned obligation of carryover in future years, by quarter, until all
funds are obligated. Treasury is directed to submit quarterly up-
dates on this plan.
DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2022 ......................................................... $6,118,000
Budget request, fiscal year 2023 ....................................................... 11,118,000
Recommended in the bill ................................................................... 11,118,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +5,000,000
Budget request, fiscal year 2023 ................................................ –––
The Department-wide Systems and Capital Investments Pro-
grams account funds capital investments that support the missions
of all Treasury bureaus and programs.
COMMITTEE RECOMMENDATION
The Committee recommends $11,118,000 for Department-wide
Systems and Capital Investments Programs.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
Appropriation, fiscal year 2022 ......................................................... $42,275,000
Budget request, fiscal year 2023 ....................................................... 43,878,000
Recommended in the bill ................................................................... 48,878,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +6,603,000
Budget request, fiscal year 2023 ................................................ +5,000,000
The Office of Inspector General (OIG) provides agency-wide audit
and investigative functions to identify and correct operational and
administrative deficiencies that create conditions for fraud, waste,
and mismanagement. The audit function provides contract, pro-
gram, and financial statement audit services. Contract audits pro-
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vide professional advice to agency contracting officials on account-
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20
ing and financial matters relative to negotiation, award, adminis-
tration, repricing, and settlement of contracts. Program audits re-
view and evaluate all facets of agency operations. Financial state-
ment audits assess whether financial statements fairly present the
agency’s financial condition and results of operations, the adequacy
of accounting controls, and compliance with laws and regulations.
The investigative function provides for the detection and investiga-
tion of improper and illegal activities involving programs, per-
sonnel, and operations.
COMMITTEE RECOMMENDATION
The Committee recommends $48,878,000 for the OIG to conduct
audits of the Department’s highest risk programs and continue its
investigative work to prevent, detect, and investigate complaints of
fraud, waste, and abuse impacting Treasury programs and oper-
ations. The recommendation includes an increase of $5,000,000
above the request to support ongoing audits and investigations of
pandemic relief programs.
TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION
SALARIES AND EXPENSES
Appropriation, fiscal year 2022 ......................................................... $174,250,000
Budget request, fiscal year 2023 ....................................................... 182,409,000
Recommended in the bill ................................................................... 179,409,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +5,159,000
Budget request, fiscal year 2023 ................................................ ¥3,000,000
The Office of Treasury Inspector General for Tax Administration
(TIGTA) conducts audits, investigations, and evaluations to assess
the operations and programs of the Internal Revenue Service (IRS)
and its related entities, the IRS Oversight Board, and the Office of
Chief Counsel. The purpose of those audits and investigations is as
follows: (1) to promote the economic, efficient, and effective admin-
istration of the Nation’s tax laws and to detect and deter fraud and
abuse in IRS programs and operations; and (2) to recommend ac-
tions to resolve fraud and other serious problems, abuses, and defi-
ciencies in these programs and operations.
COMMITTEE RECOMMENDATION
The Committee recommends $179,409,000 for TIGTA.
IRS Hiring.—The Committee directs TIGTA to brief the Com-
mittee 60 days after enactment of this Act on the IRS’s efforts to
hire up to 10,000 new employees using its direct hire and critical
pay authorities.
SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF
PROGRAM
SALARIES AND EXPENSES
Appropriation, fiscal year 2022 ......................................................... $16,000,000
Budget request, fiscal year 2023 ....................................................... 9,000,000
Recommended in the bill ................................................................... 9,000,000
Bill compared with:
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Appropriation, fiscal year 2022 .................................................. ¥7,000,000
Budget request, fiscal year 2023 ................................................ –––
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21
The Office of the Special Inspector General for the Troubled
Asset Relief Program (SIGTARP) was established in the Emer-
gency Economic Stabilization Act of 2008 (EESA) (Public Law 110–
343). SIGTARP’s mission is to conduct, supervise, and coordinate
audits and investigations of the purchase, management, and sale
of assets by the Secretary of the Treasury under programs estab-
lished pursuant to the Troubled Asset Relief Program.
COMMITTEE RECOMMENDATION
The Committee recommends $9,000,000 for SIGTARP to enable
the office to continue to execute its vital mission to target crime at
financial institutions and protect taxpayer dollars as the EESA pro-
grams wind down.
FINANCIAL CRIMES ENFORCEMENT NETWORK
SALARIES AND EXPENSES
Appropriation, fiscal year 2022 ......................................................... $161,000,000
Budget request, fiscal year 2023 ....................................................... 210,330,000
Recommended in the bill ................................................................... 210,330,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +49,330,000
Budget request, fiscal year 2023 ................................................ –––
The mission of the Financial Crimes Enforcement Network
(FinCEN) is to safeguard the financial system from illicit use; com-
bat money laundering; and promote national security through the
collection, analysis, and dissemination of financial intelligence and
strategic use of financial authorities. FinCEN supports Federal,
State, local, and international law enforcement agency investiga-
tions of money laundering and other financial crimes, and fosters
interagency and global cooperation against domestic and inter-
national financial crimes.
COMMITTEE RECOMMENDATION
The Committee recommends $210,330,000 for FinCEN.
The recommendation supports FinCEN’s continued implementa-
tion of the provisions of the Anti-Money Laundering Act of 2020
(AMLA). Within AMLA, the Corporate Transparency Act (CTA) in-
cludes requirements for corporations, limited liability companies,
and similar entities, to report on the beneficial ownership of these
entities, and for FinCEN to develop a system to collect and secure
this information. Once fully implemented, these actions will help
protect the U.S. financial system from money laundering and other
illicit financial exchanges and make it harder for bad actors, in-
cluding Russian oligarchs, to evade oversight and conceal proceeds
of corrupt acts using shell companies and other legal entities. In
developing the beneficial ownership system, the Committee encour-
ages FinCEN to include multilingual name-matching technology
that uses phonetics and linguistics to identify the names of persons
and entities written in different languages in non-standardized do-
mestic and international data systems. Further, the Committee
urges FinCEN and the Department to proceed expeditiously to
complete the rulemaking and other requirements in order to fully
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implement the mandates of AMLA/CTA.
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Business Email Compromise.—Email compromise fraud schemes
generally entail criminal attempts to compromise the email ac-
counts of victims to send fraudulent payment instructions to finan-
cial institutions or business associates in order to misappropriate
funds or to assist in financial fraud. The Committee is concerned
with the prevalence of such schemes in the real estate sector.
FinCEN is directed to brief the Committee within 90 days of enact-
ment of this Act on its ongoing efforts to combat and raise aware-
ness of business email compromise scams, including joint activities
conducted with the Department of Justice, Federal Bureau of In-
vestigation, Federal Trade Commission, and other relevant agen-
cies.
Automated Technology to Combat Money Laundering.—The Com-
mittee is aware of reports of Muslim Americans whose bank ac-
counts have been suddenly and erroneously closed due to increased
scrutiny by financial institutions. The Committee supports
FinCEN’s work with Federal regulators and financial institutions
to encourage innovative approaches to detect and combat money
laundering and terrorist financing, including the use of artificial in-
telligence and machine learning technology. However, the Com-
mittee is concerned that such tools may contain implicit biases that
result in discrimination against individuals based on race, religion,
or culture. The Anti-Money Laundering Act of 2020 contained sig-
nificant revisions to existing law to strengthen anti-money laun-
dering programs, while also taking into account the potential ef-
fects of such programs on de-risking and financial inclusion. As the
new mandates are implemented, the Department and FinCEN are
urged to carefully consider the disparate impact that these tools
and processes may have on certain individuals and groups.
Asia-Pacific Region.—The Committee recognizes the importance
of FinCEN’s support to law enforcement cases in Hawaii and the
U.S. Pacific territories as part of the Bureau’s broader mission to
combat money laundering and promote national security. FinCEN
is expected to keep the Committee apprised on current trends and
methods of money laundering in the Asia-Pacific Region and ongo-
ing efforts to counter this activity.
BUREAU OF THE FISCAL SERVICE
SALARIES AND EXPENSES
Appropriation, fiscal year 2022 ......................................................... $355,936,000
Budget request, fiscal year 2023 ....................................................... 372,485,000
Recommended in the bill ................................................................... 372,485,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +16,549,000
Budget request, fiscal year 2023 ................................................ –––
The mission of the Bureau of the Fiscal Service (Fiscal Service)
is to promote the financial integrity and operational efficiency of
the U.S. Government through accounting, borrowing, collections,
payments, and shared services. The Fiscal Service is the Federal
government’s central financial agent. The Fiscal Service also devel-
ops and implements reliable and efficient financial methods and
systems to operate the government’s cash management, credit
management, and debt collection programs in order to maintain
government accounts and report on the status of the government’s
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finances. In addition, the Fiscal Service is the primary agency for
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collecting Federal non-tax debt owed to the government and is re-
sponsible for all public debt operations and the promotion of the
sale of U.S. securities.
COMMITTEE RECOMMENDATION
The Committee recommends $372,485,000 for the Fiscal Service.
Transparency in Federal Spending.—Transparency and account-
ability are critical to a democratic and fiscally responsible govern-
ment, and USASpending.gov is the primary portal through which
the public can review and understand Federal spending. The Com-
mittee is pleased by ongoing improvements to the website and ex-
pects the Fiscal Service to continue to work with OMB and other
Federal agencies to improve the accessibility, searchability, and re-
liability of spending information on USASpending.gov. The Com-
mittee directs the Fiscal Service to continue to make basic informa-
tion about the use of financial agents publicly available in a central
location, including compensation paid to each financial agent and
a description of the services provided. The Committee further di-
rects the Fiscal Service to coordinate with OMB to publish all un-
classified vendor contracts and grant awards for all Federal agen-
cies online at USAspending.gov. The Committee expects the Fiscal
Service to keep the Committee apprised of its progress in improv-
ing data quality and transparency regarding Federal spending.
Treasury Cross-Servicing Program.—The Committee encourages
the Fiscal Service to increase its oversight of private collection
agencies that assist in the collection of non-tax debt through the
Treasury Cross-Servicing Program. As the Fiscal Service prepares
future solicitations for private debt collection, the Committee en-
courages the Bureau to conduct robust market research to identify
qualified small- and medium-sized entrants, and to prioritize pri-
vate collection agencies that have the strongest record of perform-
ance and a demonstrated record of compliance with applicable con-
sumer protection laws. The Committee looks forward to the briefing
required in House Report 117–79.
Matured Unredeemed Debt.—The Department is directed to brief
the Committee within 90 days of enactment of this Act on its
progress regarding the digitization of mature unredeemed debt.
Paper Savings Bonds.—The Committee notes that e-savings
bonds may reduce the human impact of receiving a savings bond
and encourages the Fiscal Service to consider the potential benefits
of providing paper savings bonds to cultivate a culture of saving
passed down from generation to generation.
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU
SALARIES AND EXPENSES
Appropriation, fiscal year 2022 ......................................................... $128,067,000
Budget request, fiscal year 2023 ....................................................... 150,863,000
Recommended in the bill ................................................................... 150,863,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +22,796,000
Budget request, fiscal year 2023 ................................................ –––
The Alcohol and Tobacco Tax and Trade Bureau (TTB) is respon-
sible for the enforcement of laws designed to eliminate certain il-
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licit activities and the regulation of lawful activities relating to dis-
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24
tilled spirits, beer, wine, and nonbeverage alcohol products, and to-
bacco. TTB focuses on collecting revenue, reducing taxpayer burden
and improving service while preventing diversion, and protecting
the public and preventing consumer deception in certain regulated
commodities.
COMMITTEE RECOMMENDATION
The Committee recommends $150,863,000 for the TTB. The rec-
ommendation supports TTB’s implementation of the provisions of
the Craft Beverage Modernization Act (CBMA) related to imported
alcohol, including the new CBMA import claims program, which
will take effect on January 1, 2023.
Trade Practice Enforcement and Education.—The recommenda-
tion includes $5,000,000 for TTB to continue its education and en-
forcement efforts for industry trade practice violations. Enforce-
ment of basic trade practice functions, required under the Federal
Alcohol Administration Act, is critical to ensuring a competitive,
fair, and safe marketplace. The Committee urges the TTB to in-
crease its outreach to educate and inform the industry on trade
practice laws and regulations.
Serving Facts for Alcoholic Beverages.—The Committee notes
that TTB has yet to finalize a 2007 proposed rule requiring alcohol
content and other serving facts be included on all alcoholic bev-
erages, which would enable consumers to make informed drinking
decisions. In the February 2022 report Competition in the Markets
for Beer, Wine, and Spirits, the Department recommended that
‘‘TTB should revive or initiate rulemaking proposing ingredient la-
beling and mandatory information on alcohol content, nutritional
content, and appropriate serving sizes.’’ The Committee encourages
TTB to implement this recommendation and initiate rulemaking to
require a uniform ‘‘alcohol facts label’’ on alcoholic beverages with
appropriate information to ensure consumers have access to com-
plete and standardized labeling information on beer, wine, and dis-
tilled spirits, including the amount of alcohol per serving.
UNITED STATES MINT
UNITED STATES MINT PUBLIC ENTERPRISE FUND
The United States Mint (the Mint) manufactures coins, receives
deposits of gold and silver bullion, and safeguards the Federal gov-
ernment’s holdings of monetary metals. In 1997, Congress estab-
lished the United States Mint Public Enterprise Fund (Public Law
104–52), which authorized the Mint to use proceeds from the sale
of coins to finance the costs of its operations and consolidated all
existing Mint accounts into a single fund. Public Law 104–52 also
provided that, in certain situations, the levels of capital invest-
ments for circulating coins and protective services shall factor into
the decisions of Congress.
COMMITTEE RECOMMENDATION
The Committee recommends a spending level for capital invest-
ments by the Mint for circulating coinage and protective services
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of $50,000,000 for fiscal year 2023.
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25
COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND
PROGRAM ACCOUNT
Appropriation, fiscal year 2022 ......................................................... $295,000,000
Budget request, fiscal year 2023 ....................................................... 331,420,000
Recommended in the bill ................................................................... 336,420,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +41,420,000
Budget request, fiscal year 2023 ................................................ +5,000,000
The Community Development Financial Institutions (CDFI)
Fund provides grants, loans, equity investments, and technical as-
sistance, on a competitive basis, to new and existing CDFIs such
as community development banks, community development credit
unions, and housing and microenterprise loan funds. Recipients use
the funds to support mortgages, small business, and economic de-
velopment lending in underserved and distressed neighborhoods
and the availability of financial services in these neighborhoods.
The CDFI Fund is also responsible for implementation of the New
Markets Tax Credits.
COMMITTEE RECOMMENDATION
The Committee recommends $336,420,000 for the CDFI Fund
program. Of the amounts recommended, $216,883,000 is for finan-
cial and technical assistance grants, $22,500,000 is for Native Ini-
tiatives, $28,000,000 is for the Bank Enterprise Award Program,
$24,000,000 is for the Healthy Food Financing Initiative,
$10,000,000 is for the Small Dollar Loan Program, and $35,037,000
is for administrative expenses. In addition, the Committee rec-
ommends a loan limit of $500,000,000 for the Bond Guarantee Pro-
gram.
Persistent Poverty Areas.—Building upon the existing investment
requirement in persistent poverty counties that has been included
in previous appropriations Acts, the Committee supports increasing
targeted investments in high-poverty areas, defined as any census
tract with a poverty rate of at least 20 percent as measured by the
2016–2020 5-year data series available from the American Commu-
nity Survey of the Census Bureau. The Committee directs the
CDFI Fund to develop and implement measures to increase the
share of investments in high-poverty census tracts and any other
impoverished areas the CDFI Fund determines to be appropriate
areas to target. The Committee directs the CDFI Fund to submit
a report to the Committee within 180 days after enactment of this
Act that includes the amount of funds that were targeted to such
areas; the percent change from fiscal year 2022 to fiscal year 2023
in the level of funds that were targeted toward such areas; and, to
the extent practicable, an assessment of the economic impact of the
program on these areas, including data on the categories of individ-
uals impacted by the targeting of funds to such areas under the
program, disaggregated by household income, race, gender, age, na-
tional origin, disability status, and whether the individuals live in
an urban area, suburban area, or rural area.
Further, the Committee directs the CDFI Fund to place a pri-
ority on making additional funds available to CDFIs that have pro-
vided no less than 15 percent of their total lending to recipients in
persistent poverty counties, as measured by a three-year average
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of their activity in fiscal years 2020, 2021, and 2022. The Com-
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26
mittee appreciates the CDFI Fund’s efforts to increase the overall
dollar amount invested by awardees in high-poverty areas. A report
shall be submitted to the Committees on these efforts within 60
days of enactment of the Act.
Minority Lending Institutions.—The Committee encourages the
Secretary to establish an Office of Minority Lending Institutions
led by a Deputy Director for Minority Lending Institutions to help
ensure that at least 40 percent of financial assistance, technical as-
sistance, and awards are distributed directly to community devel-
opment financial institutions that are minority lending institutions,
as defined under subsection (c) of section 523 of division N of the
Consolidated Appropriations Act, 2021 (Public Law 116—260). The
Department is directed to submit a report to the House and Senate
Committees on Appropriations, the House Committee on Financial
Services, and the Senate Committee on Banking, Housing, and
Urban Affairs by September 30, 2023, detailing the Department’s
efforts to support minority lending institutions, including amounts
and types of assistance and a list of recipients of such support.
Lead Safe Homes.—The Committee encourages the Department
to communicate the importance of addressing lead paint in housing
to CDFIs and urges them to fund lead-safe home projects that en-
able expedient repairs among property owners to remove this risk
and prevent harm.
Small Dollar Loan Program.—The Committee recommends
$10,000,000 for the Small Dollar Loan Program. The Committee di-
rects the CDFI Fund to brief the Committee within 90 days of en-
actment of this Act on the implementation of the program.
Native Initiatives.—The Committee is interested in the impact of
the CDFI Fund Native Initiatives. The Committee requests a list
of current Native American CDFI-certified organizations and a list
of Native American CDFI Assistance Program awards for each of
the last three years.
Economic Mobility Corps Program (Program).—The Committee is
pleased with the progress made by the Corporation for National
and Community Service’s placement of service members at certified
CDFIs to assist in their capacity to provide financial literacy and
financial planning along with other economic development initia-
tives. The Program established partnerships with existing CDFIs
serving rural and persistent poverty communities, as well as part-
nerships with a large network of community development credit
unions in Puerto Rico.
INTERNAL REVENUE SERVICE
The Committee bill recommends $13,594,578,000 for the Internal
Revenue Service (IRS), which is an increase of $1,000,524,000, or
8 percent, above the fiscal year 2022 enacted level, to administer
the nation’s tax systems. The fiscal year 2023 bill increases funding
above the fiscal year 2022 enacted level in each of the IRS appro-
priations accounts. Additionally, the recommendation adopts the
Administration’s proposal to realign rent payments totaling
$634,443,000 from Operations Support to Taxpayer Services and
Enforcement to better reflect the needs to operate these programs.
The Committee recommendation includes program increases to
implement Taxpayer First Act initiatives, establish enforcement
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strategies to ensure a fair tax system, increase telephone and in-
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27
person customer service, and modernize IRS legacy systems. The
Committee is pleased to provide sufficient funding for the Taxpayer
First Act of 2019 to revamp customer service, introduce new tax-
payer protections, and deliver new online service platforms to fa-
cilitate filing and payment for individuals and businesses.
The Committee was pleased to provide the IRS additional hiring
authorities in fiscal year 2022 to streamline hiring of new staff to
assist with processing backlogged tax returns and correspondence.
Additionally, the IRS implemented surge teams of redesignated
IRS staff to serve as Customer Service Representatives to expand
IRS customer callback and backlog reduction capabilities. The
Committee appreciates these and staff efforts to respond to tax-
payer needs, but realizes more must be done to clear out the back-
log and provide quality customer service to taxpayers. Once again,
the Committee has included hiring authorities to help the IRS
meet its mission. The Committee looks forward to progress updates
on IRS hiring and backlog reduction.
The Committee supports IRS’s efforts to improve tax compliance
and protect billions of additional revenue while reducing the tax
gap. The Committee expects that investments in rebuilding the
Criminal Investigation Division and improving voluntary compli-
ance in the tax system will improve revenue collections and raise
confidence in our tax collection system.
The Committee is pleased to continue increased funding for IRS
Business Systems Modernization. Coupled with supplemental fund-
ing received in fiscal year 2021, the IRS expects significant
progress on IRS’s IT infrastructure. The Committee encourages the
IRS to continue to explore scanning and 2–D barcode solutions to
reduce the amount of manual data entry from paper returns.
User Fee and Spending Reports.—The Committee directs the IRS
to submit a user fee spending plan within 60 days of enactment of
this Act detailing planned spending on its four appropriations ac-
counts. Additionally, the Committee directs the IRS to submit on
a quarterly basis FTE usage and obligations by account and antici-
pated FTE usage and spending through fiscal year 2023.
Obligations and Employment.—Within 45 days of the end of each
quarter for calendar year 2023, the IRS is directed to submit to the
Committee an obligation and personnel report. The report shall in-
clude information about the obligations made during the previous
quarter by appropriation, object class, office, and activity; the esti-
mated obligations for the remainder of the fiscal year by appropria-
tion, object class, office, and activity; the number of FTE within
each office during the previous quarter; and the estimated number
of FTE within each office for the remainder of the fiscal year.
Child Tax Credit.—The Committee is aware of the need to con-
tinue outreach and education, and to expand digital and print serv-
ices. The Committee is also aware that there are millions of chil-
dren and families who were not eligible for the Child Tax Credit
before the American Rescue Plan. This will require the IRS to focus
on reaching low-income and underserved communities who are not
connected to the tax system, which is a key change and improve-
ment identified as a goal in the Taxpayer First Act of 2019. The
Committee directs the IRS to submit a report no later than 30 days
after enactment of this Act, with an update on how the implemen-
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tation funding was used to support its outreach to communities,
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28
families, and other customer and community services resources,
and what additional funding and resources are needed from Con-
gress. The Committee also directs the IRS to report on the number
of new families who claimed the CTC under the American Rescue
Plan expansion and filed their taxes in 2021 and 2022.
A description of the Committee’s recommendation by appropria-
tion is provided below.
TAXPAYER SERVICES
Appropriation, fiscal year 2022 ......................................................... $2,780,606,000
Budget request, fiscal year 2023 ....................................................... 3,684,593,000
Recommended in the bill ................................................................... 3,410,728,000 *
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +630,122,000
Budget request, fiscal year 2023 ................................................ ¥273,865,000
* Includes $265,830,000 in rent payments previously charged to Operations Support as part of the Adminis-
tration’s budget realignment proposal.
The Taxpayer Services appropriation provides for taxpayer serv-
ices, including forms and publications; processing of tax returns
and related documents; filing and account services; taxpayer advo-
cacy services; and assistance to taxpayers to understand their tax
obligations, correctly file their returns, and pay taxes due in a
timely manner. The budget includes $35,000,000 an increase of
$5,000,000 for the Community Volunteer Income Tax Assistance
Matching Grants Program to support free tax preparation and
other services.
COMMITTEE RECOMMENDATION
The Committee recommends $3,410,728,000 for Taxpayer Serv-
ices.
Certification of U.S. Tax Residency.—The Committee urges the
IRS to process and issue Certifications of U.S. Tax Residency (CoR)
in a timely manner, allowing U.S. taxpayers invested in U.S. mu-
tual funds to avail themselves of tax treaty benefits. Currently, the
IRS processes these forms manually in paper form which results in
significant delays. The Committee believes the IRS should digi-
talize the CoR.
Free File Program.—The Committee is concerned about confusing
guidance and low participation of the Free File program. The Com-
mittee urges the IRS to increase promotion of the Free File pro-
gram via press releases, press outreach, social media, and other
communications with taxpayers.
Furthermore, the Committee urges the IRS to include Military
Tax and other free tax preparation and filing services provided by
the Department of Defense in all promotional material targeted at
military servicemembers.
Taxpayer Advocate Service (TAS) Casework.—The Committee is
grateful to the dedicated workforce at the IRS and TAS who help
taxpayers every day. The Committee is concerned that TAS does
not have adequate resources to support Congressional casework.
The Committee supports increased IRS funding to address the
backlog in return processing and for TAS.
Employer-Provided Child Care Credit.—The Committee is aware
of an urgent need to support access to quality, affordable child
care. The Committee encourages the IRS to increase awareness of
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the Employer-Provided Child Tax Credit through an awareness
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29
campaign that includes the creation and dissemination of informa-
tion on how the tax credit works and how it can be used by employ-
ers in various situations. The Committee directs the IRS to brief
the Committee on its efforts 180 days after enactment of this Act.
Staff Hires.—In fiscal year 2022, Congress appropriated $12.6
billion for the IRS, a $675 million increase over fiscal year 2021 en-
acted levels. The Committee is interested in IRS’s efforts to in-
crease staff and their enforcement processing capacity. The Com-
mittee requests a briefing within 90 days of enactment of this Act
on IRS’s use of special hiring authorities, hiring goals, targets met,
and outreach efforts to attract new employees.
Customer Service.—The Committee remains concerned with IRS’s
Level of Service (LOS) that measures IRS telephone customer serv-
ice. During the recent filing season, the level of service on the IRS’s
Accounts Management telephone lines was a historic low of 15 per-
cent. IRS received approximately 60 million calls to these lines and
of the calls answered, taxpayers waited an average of 28 minutes
to speak to an IRS assistor. The Committee will continue to mon-
itor IRS customer service and directs the IRS to continue to include
in its fiscal year 2024 Congressional budget submission data on the
number of calls received, the number of calls answered by tele-
phone assistors, and the percentage of all calls answered by tele-
phone assistors, and to report this data separately for its Accounts
Management telephone lines, its compliance telephone lines, and
all telephone lines combined.
Taxpayer ID Theft.—The Committee remains concerned for tax-
payers who have had their tax return rejected because their Social
Security or taxpayer identification number was improperly used by
another individual to commit tax fraud. The Committee directs the
IRS to continue their identity theft tax protection work, with a spe-
cial focus on assisting victims of tax fraud.
Backlog of Returns.—Within 90 days of enactment of this Act,
the IRS is directed to brief the Committee on the status of the cal-
endar year 2021 return backlog, reasons for the backlog, and rec-
ommendations to prevent similar backlog issues in the future.
Virtual Currency Taxation Guidance.—The Committee directs
the IRS to continue to update its guidance on the tax consequences
and basic reporting requirements for taxpayers that use virtual
currencies, including acceptable methods for calculating the fair
market value of virtual currencies, acceptable methods of deter-
mining the cost basis of virtual currency dispositions, and the tax
treatment of tokens resulting from virtual currency network forks.
Furthermore, the Committee encourages the IRS to draft tax guid-
ance that discusses the potential use of a de minimis tax exemption
as used in other currency conversations for small transactions from
fiat currency to cryptocurrency or vice versa.
Simplified Portal for Non-Filers.—The IRS is encouraged to re-
search the benefits of the creation of a simplified portal for non-fil-
ers to claim IRS benefits such as the earned income tax credit and
the child tax credit. The IRS is directed to brief the Committee on
its findings within 180 days after enactment of this Act.
Parking and Transit Benefits.—The Committee acknowledges
that section 13304 of Public Law 115–97 eliminates employers’
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ability to deduct parking and transit benefits for corporate tax pur-
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poses. The Committee encourages the IRS to address the issue of
the disallowance of employers’ deduction of parking benefits.
IVES Modernization.—The Committee continues to monitor the
IRS’s implementation of section 2201 of the Taxpayer First Act,
which directs the IRS to build a real-time system to speed up the
process of verifying tax transcript data during a financial trans-
action. The Committee encourages the IRS to engage with industry
on their recommendations and concerns regarding IVES implemen-
tation to improve both the taxpayer and industry experience re-
lated to the process of verifying tax transcript data during financial
transactions. The Committee directs the IRS to brief the Com-
mittee 90 days after enactment of this Act on the status of IVES
and recommendations and concerns from industry.
ENFORCEMENT
Appropriation, fiscal year 2022 ......................................................... $5,437,622,000
Budget request, fiscal year 2023 ....................................................... 6,272,313,000
Recommended in the bill ................................................................... 6,120,262,000 *
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +682,640,000
Budget request, fiscal year 2023 ................................................ ¥152,051,000
* Includes $368,613,000 in rent payments previously charged to Operations Support as part of the Adminis-
tration’s budget realignment proposal.
The Enforcement appropriation provides for the examination of
tax returns, both domestic and international; the administrative
and judicial settlement of taxpayer appeals of examination find-
ings; technical rulings; monitoring of employee pension plans; de-
terminations of qualifications of organizations seeking tax-exempt
status; examinations of tax returns of exempt organizations; en-
forcement of statutes relating to detection and investigation of
criminal violations of the internal revenue laws; identification of
underreporting of tax obligations; securing of unfiled tax returns;
and collecting of unpaid accounts.
COMMITTEE RECOMMENDATION
The Committee recommends $6,120,262,000 for Enforcement.
The Committee recommends not less than $60,257,000 to support
IRS activities for the Interagency Crime and Drug Enforcement
program.
Reducing the Federal Deficit.—The Committee is concerned about
white-collar criminals’ use of tax havens, low-tax countries, and
other techniques to defraud the federal government of important
revenue at the expense of taxpayers. The Committee is deeply con-
cerned that recent reports show that according to IRS data, mil-
lionaires in 2018 were close to 80 percent less likely like to be au-
dited than in 2011. The Committee recognizes that the Treasury
Department estimates that every $1 in enforcement can produce $5
in additional revenue. Recapturing these funds is a responsible
first step in reducing the federal deficit and ensuring the U.S. gov-
ernment can carry out its vital services. The Committee has pro-
vided the IRS with sufficient resources to ensure effective enforce-
ment of white-collar criminal tax evasion schemes.
IRS Audit Rates.—The Committee notes IRS audit rates that are
geographically concentrated in counties with a higher percentage of
non-traditional families claiming the Earned Income Tax Credit.
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The Committee directs the IRS to brief the Committee on updates
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31
and actions taken since submitting the IRS Audit Rate report di-
rected in House Report 117–79.
Criminal Investigators.—The IRS is urged to increase the num-
ber of Special Agents in the Criminal Investigations unit who are
responsible for investigating money laundering, violations of the
Bank Secrecy Act, and criminal violations of the tax code. In con-
junction with FinCEN and the Department of Justice, additional
agents will help solidify U.S. efforts to combat money laundering
and ensure that offenders are prosecuted to the fullest extent. The
Committee directs the IRS to submit a report to the Committee on
these efforts within 60 days of enactment of the Act.
Digital Assets.—The Committee is concerned that the definition
of a broker for digital asset stakeholders included in the Infrastruc-
ture Investment and Jobs Act (Public Law 117–58) is too broad.
The Committee directs the Department to provide guidance to the
IRS regarding section 80603 of this law so that the IRS can target
appropriate intermediaries while accurately and efficiently taxing
digital assets.
IRS Penalties.—The Committee is concerned that penalties
charged by the IRS may disproportionately impact low-income peo-
ple while not adequately deterring tax-avoidance and criminal ac-
tivity by high-income taxpayers. The Treasury Department is di-
rected to study this issue and brief the Committee within 180 days
of enactment of this Act on options for addressing any issues un-
covered during the study.
Correspondence Audits.—The Committee supports the Adminis-
tration’s commitment to focus IRS enforcement resources on the
wealthiest taxpayers by providing increased resources to IRS en-
forcement for enhanced oversight of high-income taxpayers.
OPERATIONS SUPPORT
Appropriation, fiscal year 2022 ......................................................... $4,100,826,000
Budget request, fiscal year 2023 ....................................................... 3,833,734,000
Recommended in the bill ................................................................... 3,753,561,000 *
Bill compared with:
Appropriation, fiscal year 2022 .................................................. ¥347,265,000
Budget request, fiscal year 2023 ................................................ ¥80,173,000
* Realigns $634,443,000 from Operations Support to Taxpayer Services and Enforcement as part of the Ad-
ministration’s budget realignment proposal.
The Operations Support appropriation provides for overall plan-
ning and direction of the IRS, including shared service support re-
lated to facilities services, rent payments, printing, postage, and se-
curity. Specific activities include headquarters management activi-
ties such as strategic planning, communications and liaison, fi-
nance, human resources, Equal Employment Opportunity and di-
versity, research, information technology, and telecommunications.
COMMITTEE RECOMMENDATION
The Committee recommends $3,753,561,000 for Operations Sup-
port.
Information Technology Reports.—Within 30 days of the end of
each quarter for calendar year 2023, the IRS is required to submit
a report on major information technology project activities to the
Committee and to GAO. The Committee expects the reports to in-
clude detailed, plain English explanations of the cumulative ex-
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penditures and schedule performance to date, specified by fiscal
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year; the costs and schedules for the previous three months; the
anticipated costs and schedules for the upcoming three months;
and the total expected costs to complete IRS’s top five major infor-
mation technology project activities. In addition, the quarterly re-
port should include the date the project was started; the expected
date of completion; the percentage of work completed as compared
to planned work; the current and expected state of functionality;
any changes in schedule; and current risks unrelated to funding
amounts and mitigation strategies. The Committee directs the De-
partment of the Treasury to conduct a semi-annual review of IRS’s
IT investments to ensure the cost, schedule, and scope of the
projects’ goals are transparent.
In addition, the Committee directs GAO to review and provide an
annual report to the Committee evaluating the cost and schedule
of activities for all major IRS information technology projects for
the year, with a particular focus on the projects included in IRS’s
quarterly reports.
BUSINESS SYSTEMS MODERNIZATION
Appropriation, fiscal year 2022 ......................................................... $275,000,000
Budget request, fiscal year 2023 ....................................................... 310,027,000
Recommended in the bill ................................................................... 310,027,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +35,027,000
Budget request, fiscal year 2023 ................................................ –––
The Business Systems Modernization (BSM) appropriation pro-
vides funding to modernize key business systems of the IRS.
COMMITTEE RECOMMENDATION
The Committee recommends $310,027,000 for BSM. The Com-
mittee continues to support the IRS in its efforts to modernize its
business systems, such as CADE 2, the Enterprise Case Manage-
ment System, and the Return Review Program.
Quarterly Reports.—The IRS is directed to continue to submit
quarterly reports to the Committees and GAO, no later than 30
days following the end of each calendar quarter, on the status of
BSM-funded items in this bill. In addition, GAO is directed to con-
duct an annual review of BSM-funded initiatives.
The Committee expects the reports to include detailed, plain
English summaries on the status of plans, costs, and results for the
IRS Integrated Modernization Business Plan (Plan) including
CADE 2, the Individual Master File, the Enterprise Case Manage-
ment System, and the Return Review Program. The reports should
include prior quarter results and expenditures, upcoming quarter
deliverables and costs, risks and mitigation strategies associated
with ongoing work, reasons for any cost and schedule variances,
total expenditures to date by fiscal year, and estimated costs for
completing each IT investment or phase of the Plan.
Document Digitization.—Federal policy requires agencies to
adopt document-digitization as a method to innovate and mod-
ernize the operations of the federal government. Digitizing tax re-
turns and extracting data using secure artificial intelligence (AI)
and machine learning (ML) is a potential tool for the IRS’s
digitization efforts. By utilizing AI and ML tools to process, safe-
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guard, and analyze tax returns, the IRS has the potential to im-
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prove and broaden its service to taxpayers, minimize errors and
delays from manual processes, and improve its ability to collect
outstanding taxes. The Committee encourages the IRS to consider
expanding its digitization AI and ML capabilities to accurately and
timely process tax filings. The Committee encourages the IRS to
dedicate funding to document-digitization efforts.
ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE SERVICE
(INCLUDING TRANSFER OF FUNDS)
Section 101. The Committee continues and modifies a provision
that allows for the transfer of up to six percent of the Enforcement
appropriation and up to five percent of other appropriations made
available to the IRS to any other IRS appropriation, upon the ad-
vance approval of the Committees on Appropriations of the House
and the Senate.
Section 102. The Committee continues a provision that requires
the IRS to maintain a training program to include taxpayer rights,
dealing courteously with taxpayers, cross-cultural relations, and
the impartial application of tax law.
Section 103. The Committee continues a provision that requires
the IRS to institute and enforce policies and procedures that will
safeguard the confidentiality of taxpayer information and protect
taxpayers against identity theft.
Section 104. The Committee continues a provision that makes
funds available for improved facilities and increased staffing to pro-
vide efficient and effective 1–800 number help line service for tax-
payers.
Section 105. The Committee continues a provision that requires
the IRS to notify employers of any address change request and to
give special consideration to offers-in-compromise for taxpayers
who have been victims of payroll tax preparer fraud.
Section 106. The Committee continues a provision that prohibits
the IRS from targeting U.S. citizens for exercising their First
Amendment rights.
Section 107. The Committee continues a provision that prohibits
the IRS from targeting groups based on their ideological beliefs.
Section 108. The Committee continues a provision that requires
the IRS to comply with procedures and policies on conference
spending as recommended by the Treasury Inspector General for
Tax Administration.
Section 109. The Committee continues a provision that prohibits
funds for giving bonuses to employees or hiring former employees
without considering conduct and compliance with Federal tax law.
Section 110. The Committee continues a provision that prohibits
funds to violate the confidentiality of tax returns.
Section 111. The Committee continues a provision that provides
direct hiring authorities for IRS positions.
Section 112. The Committee includes a new provision that ex-
tends the current home to work transportation for the IRS Com-
missioner for fiscal year 2023.
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ADMINISTRATIVE PROVISIONS—DEPARTMENT OF THE TREASURY
(INCLUDING TRANSFERS OF FUNDS)
Section 113. The Committee continues a provision that author-
izes the Department to purchase uniforms, insurance for motor ve-
hicles that are overseas, and motor vehicles that are overseas with-
out regard to the general purchase price limitations; to enter into
contracts with the State Department for health and medical serv-
ices for Treasury employees who are overseas; and to hire experts
or consultants.
Section 114. The Committee continues a provision that author-
izes transfers, up to two percent, between ‘‘Departmental Offices—
Salaries and Expenses’’, ‘‘Office of Inspector General’’, ‘‘Special In-
spector General for the Troubled Asset Relief Program’’, ‘‘Financial
Crimes Enforcement Network’’, ‘‘Bureau of the Fiscal Service’’, and
‘‘Alcohol and Tobacco Tax and Trade Bureau’’ appropriations under
certain circumstances.
Section 115. The Committee continues a provision that author-
izes transfers, up to two percent, between the Internal Revenue
Service and the Treasury Inspector General for Tax Administration
under certain circumstances.
Section 116. The Committee continues a provision that prohibits
the Department of the Treasury from undertaking a redesign of the
one dollar Federal Reserve note.
Section 117. The Committee continues a provision that provides
for transfers from the Bureau of the Fiscal Service to the Debt Col-
lection Fund as necessary for the purposes of debt collection.
Section 118. The Committee continues a provision requiring Con-
gressional approval for the construction and operation of a museum
by the United States Mint.
Section 119. The Committee continues a provision that prohibits
funds in this or any other Act from being used to merge the United
States Mint and the Bureau of Engraving and Printing without the
approval of the House and the Senate committees of jurisdiction.
Section 120. The Committee continues a provision deeming that
funds for the Department of the Treasury’s intelligence-related ac-
tivities are specifically authorized in fiscal year 2023 until enact-
ment of the Intelligence Authorization Act for fiscal year 2023.
Section 121. The Committee continues a provision permitting the
Bureau of Engraving and Printing to use $5,000 from the Indus-
trial Revolving Fund for reception and representation expenses.
Section 122. The Committee continues a provision requiring the
Department to submit a Capital Investment Plan.
Section 123. The Committee continues a provision requiring a re-
port on the Department’s Franchise Fund.
Section 124. The Committee continues a provision requiring
quarterly reports of the Office of Financial Stability and the Office
of Financial Research.
Section 125. The Committee continues and modifies a provision
providing funding for the Special Inspector General for Pandemic
Recovery.
Section 126. The Committee includes a new provision making
certain administrative funds available for the Department’s ongo-
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ing administration of COVID relief programs.
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TITLE II—EXECUTIVE OFFICE OF THE PRESIDENT AND
FUNDS APPROPRIATED TO THE PRESIDENT
Funds appropriated in this title provide for the staff and oper-
ations of the White House, along with other organizations within
the Executive Office of the President (EOP) that formulate and co-
ordinate policy on behalf of the President, such as the National Se-
curity Council and the Office of Management and Budget. The title
also includes funding for the Office of National Drug Control Policy
and certain expenses of the Vice President.
THE WHITE HOUSE
SALARIES AND EXPENSES
Appropriation, fiscal year 2022 ......................................................... $65,000,000
Budget request, fiscal year 2023 ....................................................... 77,681,000
Recommended in the bill ................................................................... 77,681,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +12,681,000
Budget request, fiscal year 2023 ................................................ –––
The White House Salaries and Expenses account supports staff
and administrative services necessary for the direct support of the
President.
COMMITTEE RECOMMENDATION
The Committee recommends $77,681,000 for the White House.
Veterans Day Moment of Silence.—The Committee notes that
Public Law 114–240 directs the President to issue an annual proc-
lamation calling on the people of the United States to observe two
minutes of silence on Veterans Day, beginning at 3:11 p.m. Atlantic
Standard Time, in honor of the service and sacrifice of veterans
throughout the history of the nation. The Committee expects the
Executive Office of the President to issue such a proclamation on
each Veterans Day as required by law.
Adams Memorial Commission.—The Committee notes that sec-
tion 2406 of Public Law 116–9 directs the President and Congres-
sional Leadership to appoint 12 persons, with an even number from
each political party, to serve on the Adams Memorial Commission
for the purpose of establishing a permanent memorial to honor
John Adams and his legacy as authorized by Public Law 107–62.
The Committee encourages the President to work with Congres-
sional Leadership to appoint a full Commission in a timely manner.
EXECUTIVE RESIDENCE AT THE WHITE HOUSE
OPERATING EXPENSES
Appropriation, fiscal year 2022 ......................................................... $14,050,000
Budget request, fiscal year 2023 ....................................................... 15,609,000
Recommended in the bill ................................................................... 15,609,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +1,559,000
Budget request, fiscal year 2023 ................................................ –––
The Executive Residence at the White House Operating Ex-
penses account provides for the care, maintenance, staffing, and op-
erations of the Executive Residence, including official and ceremo-
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nial functions of the President.
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COMMITTEE RECOMMENDATION
The Committee recommends $15,609,000 for the Operating Ex-
penses of the Executive Residence. The bill continues the same re-
strictions on reimbursable expenses for use of the Executive Resi-
dence as have been included in past years.
WHITE HOUSE REPAIR AND RESTORATION
Appropriation, fiscal year 2022 ......................................................... $2,500,000
Budget request, fiscal year 2023 ....................................................... 2,500,000
Recommended in the bill ................................................................... 2,500,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. –––
Budget request, fiscal year 2023 ................................................ –––
The White House Repair and Restoration account provides for
the repair, alteration, and improvement of the Executive Residence
at the White House.
COMMITTEE RECOMMENDATION
The Committee recommends $2,500,000 for White House Repair
and Restoration.
COUNCIL OF ECONOMIC ADVISERS
SALARIES AND EXPENSES
Appropriation, fiscal year 2022 ......................................................... $4,120,000
Budget request, fiscal year 2023 ....................................................... 4,903,000
Recommended in the bill ................................................................... 4,903,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +783,000
Budget request, fiscal year 2023 ................................................ –––
The Council of Economic Advisers analyzes the national economy
and its various segments, advises the President on economic devel-
opments, recommends policies for economic growth and stability,
appraises economic programs and policies of the Federal govern-
ment, and assists in preparation of the annual Economic Report of
the President.
COMMITTEE RECOMMENDATION
The Committee recommends $4,903,000 for the Council of Eco-
nomic Advisers.
NATIONAL SECURITY COUNCIL AND HOMELAND SECURITY COUNCIL
SALARIES AND EXPENSES
Appropriation, fiscal year 2022 ......................................................... $12,500,000
Budget request, fiscal year 2023 ....................................................... 13,901,000
Recommended in the bill ................................................................... 13,901,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +1,401,000
Budget request, fiscal year 2023 ................................................ –––
The National Security Council and the Homeland Security Coun-
cil have been combined to form the National Security Staff, which
advises and assists the President on the integration of domestic,
foreign, military, intelligence, and economic aspects of national se-
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curity policy and serves as the principal means of coordinating ex-
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37
ecutive departments and agencies in the development and imple-
mentation of national security and homeland security policies.
COMMITTEE RECOMMENDATION
The Committee recommends $13,901,000 for the National Secu-
rity Council and Homeland Security Council.
OFFICE OF ADMINISTRATION
SALARIES AND EXPENSES
Appropriation, fiscal year 2022 ......................................................... $106,500,000
Budget request, fiscal year 2023 ....................................................... 115,463,000
Recommended in the bill ................................................................... 115,463,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +8,963,000
Budget request, fiscal year 2023 ................................................ –––
The Office of Administration is responsible for providing adminis-
trative services to the Executive Office of the President. These
services include financial, personnel, procurement, information
technology, records management, and general office services.
COMMITTEE RECOMMENDATION
The Committee recommends $115,463,000 for the Office of Ad-
ministration (OA). Of the recommended amount, not to exceed
$12,800,000 is available until expended for modernization of infor-
mation technology infrastructure within the Executive Office of the
President.
The Committee notes the new language proposed in the budget
request regarding Senior Executive Service positions in OA. The
Committee will continue to work with OA on this issue.
White House Virtual Visitor Logs.—The Committee believes that
disclosure of White House visitors is essential to helping the public,
the press, and Congress understand the development of White
House policies and initiatives. The Committee is pleased that the
Biden-Harris Administration has committed to reinstating a White
House visitors log disclosure policy. However, the Committee is
concerned that social distancing procedures and the resulting in-
crease in virtual meetings limit the amount of relevant disclosures
and harm the public interest. The Committee looks forward to the
briefing required in House Report 117–79 regarding the feasibility
of disclosing ‘‘virtual’’ visitors to the Executive Office of the Presi-
dent.
OFFICE OF MANAGEMENT AND BUDGET
SALARIES AND EXPENSES
Appropriation, fiscal year 2022 ......................................................... $116,000,000
Budget request, fiscal year 2023 ....................................................... 128,035,000
Recommended in the bill ................................................................... 128,035,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +12,035,000
Budget request, fiscal year 2023 ................................................ –––
The Office of Management and Budget (OMB) assists the Presi-
dent in the discharge of budgetary, economic, management, and
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other executive responsibilities.
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COMMITTEE RECOMMENDATION
The Committee recommends $128,035,000 for OMB.
Budget Submission.—The recommendation includes sufficient
funds for OMB to consult with Congressional committees and pro-
vide an appropriate number of printed copies of the President’s fis-
cal year 2024 budget request, including documents such as the Ap-
pendix, Historical Tables, and Analytical Perspectives.
Personnel and Obligations Report.—The Committee continues di-
rection to OMB to provide the Committee with quarterly reports on
personnel and obligations consisting of on-board staffing levels, es-
timated staffing levels by office for the remainder of the fiscal year,
total obligations incurred to date, estimated total obligations for
the remainder of the fiscal year, and a narrative description of cur-
rent hiring initiatives.
Unobligated Balances Report.—OMB is directed to report to the
Committee within 45 days of the end of each fiscal quarter on
available balances at the start of the fiscal year, current year obli-
gations, and resulting unobligated balances for each discretionary
account within the jurisdiction of this Act.
Improper Payments.—The Committee encourages OMB to con-
tinue working with agencies across the Federal government to en-
sure processes are in place to eliminate payments to deceased per-
sons. OMB is directed to report to the Committee within 60 days
of enactment of this Act on how it is reducing improper payments
to deceased individuals, and what initiatives have proven to be
most effective.
Performance Measures.—The Committee continues to urge OMB
to ensure that agencies comply with title 31 of the United States
Code, including the development of organizational priority goals
and outcomes such as performance outcome measures, output
measures, efficiency measures, and customer service measures.
OMB should also ensure that agency funding requests in fiscal
year 2024 are directly linked to agency performance plans. The
Committee requests OMB to highlight specific examples where pri-
ority goals and performance outcomes influenced fiscal year 2024
budget justifications.
Online Budget Repository.—The Committee continues language
in the bill requiring OMB to make available on a website a list of
each Federal agency with a link to its budget justification mate-
rials.
Food Safety Modernization Act.—The FDA Food Safety Mod-
ernization Act (Public Law 111–353), enacted in 2011, gave the
Food and Drug Administration (FDA) new authorities to regulate
how foods are grown, harvested, and processed and required the
FDA to issue various rulemakings and guidance documents. The
Committee directs OMB to work closely with the FDA to meet the
timelines for promulgation of rules and regulations outlined in the
FDA Food Safety Modernization Act. The Committee requests a re-
port every 180 days after the enactment of this Act describing any
rule or regulation that is more than 60 days overdue and the rea-
sons why each rule or regulation is overdue.
Public Safety Telecommunicators.—The Committee recognizes
that the Standard Occupational Classification System’s (SOC) cat-
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egorization of a ‘‘public safety telecommunicator’’ as an ‘‘office and
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administrative support occupation’’ is outdated and does not reflect
the nature of this life-saving work. The Committee notes that OMB
has not followed the instructions of the Committee to reclassify
public safety telecommunicators under the SOC and to correctly
classify them as a ‘‘protective service occupation.’’ The Committee
expects OMB to complete this reclassification this fiscal year.
Persistent Poverty Counties.—The Committee supports targeted
investment in areas with high poverty rates. The Committee di-
rects OMB, in consultation with Federal agencies, to develop and
implement measures to increase the share of Federal investments
targeted to persistent poverty counties, high-poverty census tracts,
and other areas of high and persistent poverty, including issuing
guidance to Federal agencies on the share of Federal investments
to be targeted to the designated areas, the manner in which such
investments are to be targeted, and measures to track the Federal
investments targeted to such areas over time. Federal investments
targeted to such areas should exceed the amount that is propor-
tional to the population of such areas in the United States relative
to the population of the United States as a whole. The Committee
directs OMB to include in its fiscal year 2024 budget submission
a list of programs that provide aid to State and local governments,
U.S. territories, Tribal governments, and private entities that in-
clude targeted investments in persistent poverty counties, along
with relevant demographic and statistical data about such invest-
ments. The budget submission should also include legislative and
budgetary proposals by OMB to expand the number of programs
that make such targeted investments.
Race and Ethnicity Data Disaggregation.—The Committee has a
keen interest in agency compliance with OMB’s Statistical Direc-
tive No. 15, Compliance with Race and Ethnic Standards for Fed-
eral Statistics and Administrative Reporting, which specifies what
race and ethnicity categories Federal agencies should use in data
collection and reporting practices. The Committee directs OMB to
submit a report within 180 days of enactment of this Act regarding
Federal agency compliance with Directive 15. The report should
summarize agency compliance with Directive 15; include informa-
tion on OMB’s efforts to ensure further compliance with Directive
15; and evaluate compliance feasibility, including cost estimates, IT
requirements, or legislative authorities that would be necessary for
timely compliance.
Federal Data on Workforce Programs by Race and Ethnicity.—
The Committee is aware that few Federal or Federally funded
workforce training programs track outcomes by race. The Com-
mittee recommends careful evaluation of disaggregated racial data
to advance racial equity and minimize racial disparities in work-
force training. The Committee expects OMB to work with each
agency that operates or funds such a program on a method to col-
lect racial data for analytical purposes while protecting privacy and
confidentiality.
Council of the Inspectors General on Integrity and Efficiency
(CIGIE).—The Committee recognizes that the Inspectors General
community has taken steps recently that allow for more efficient
and effective access to its reports and recommendations by Con-
gress and the public. The Committee expects CIGIE to maintain
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and improve their existing website and provide information about
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its contents. The Committee is concerned that there is not a public
list on the website of non-public inspectors general reports. There-
fore, the Committee requests CIGIE to publish on their website a
public-facing list broken out by each inspector general regarding
any non-public reports.
The Committee directs CIGIE to brief the Committee, within 120
days of enactment of this Act, on the advantages and disadvan-
tages of its current funding model, including a discussion of how
CIGIE has spent its direct appropriations to date and whether it
would be feasible to fund CIGIE entirely through direct appropria-
tions.
Inclusion of Puerto Rico in Federal Statistical Programs.—The
Committee reminds OMB that House Report 117–79 directed OMB
to develop a plan to collect and publish statistics regarding Puerto
Rico and other Territories in the same manner as statistics are col-
lected and reported by the Federal agencies for States. The direc-
tive further encouraged the U.S. Chief Statistician to place the sub-
ject of Territorial inclusion in Federal statistical programs on the
agenda of the Interagency Council on Statistical Policy; develop an
action plan with short-term, medium-term, and long-term objec-
tives; and describe this action plan in the Statistical Programs of
the United States Government document submitted annually to
Congress, as previously recommended by the Congressional Task
Force on Economic Growth in Puerto Rico. The Committee directs
OMB to submit a report within 60 days of enactment of this Act
describing its progress toward these goals.
Commercial Cloud Services.—The Committee is aware of con-
cerns that commercial cloud services used by the Federal govern-
ment could also be used commercially in China, by foreign mili-
taries, and in other countries of concern. The Committee directs
OMB, in consultation with the Office of the National Cyber Direc-
tor and other agencies as necessary, to assess this security concern.
OMB is directed to report to the Committee, within 180 days of en-
actment of this Act, on obligations by agency for fiscal years 2021
and 2022 for commercial cloud and computing services and plat-
forms. The report shall identify costs by infrastructure-as-a-service,
platform-as-a-service, and software-as-a-service.
In addition, the report shall identify obligations for commercial
cloud and computing services and platforms that are also used in
China and by foreign militaries and countries of concern. The re-
port shall assess the security concerns associated with such con-
tracts and whether the commercial cloud and computing services
and platforms that are also used in China and by foreign militaries
and countries of concern are materially different than what is pro-
vided to the Federal government.
The Committee is also concerned that investments in cloud solu-
tions, particularly the fee structure associated with these invest-
ments, have resulted in costs that have exceeded agency expecta-
tions. Within 180 days of enactment of the Act, OMB is directed
to report on Federal civilian agency use of the cloud and the associ-
ated fees to fully access and utilize applications and data stored in
the cloud. The report shall include common cloud fee structures,
the cost of cloud operations as a percentage of major departments’
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information technology budgets, and recommendations for agencies
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41
on balancing cloud investments with hardware and software mod-
ernization investments.
Made in America Office.—The Infrastructure Investment and
Jobs Act (Public Law 117–108) codified OMB’s Made in America
Office (MIAO) and its responsibilities. The MIAO ensures that any
waivers from Made in America laws are applied clearly, consist-
ently, and transparently across Federal agencies. The MIAO ana-
lyzes the information it gathers from waivers to support U.S. man-
ufacturing and more resilient supply chains. The Committee rec-
ommendation includes sufficient funding to support this important
program.
Office of Manufacturing and Industrial Innovation.—The Com-
mittee supports creating an independent office within the Execu-
tive Office of the President dedicated to manufacturing and indus-
trial innovation. Such an office would provide manufacturing and
industrial perspectives and advice to the President, develop a stra-
tegic national manufacturing policy for the United States, and en-
gage in a comprehensive survey and cross-administration manage-
ment of efforts to ensure global leadership in manufacturing crit-
ical to the long-term economic health and national security of the
United States. The Committee will work with OMB and other EOP
offices to ensure that such an office is authorized and funded in a
timely manner.
Office of Young Americans.—The Committee supports creating an
independent office within the Executive Office of the President
dedicated to issues that substantially impact young Americans.
Such an office would provide youth-centered perspectives and ad-
vice to the President, develop strategic national policies to address
issues affecting youth in the United States, and manage govern-
ment-wide efforts to ensure the needs of the nation’s youth are met
and resources are provided to continue the advancement of future
generations of leaders, which is critical to the economic health and
national security of the United States. The Committee will work
with OMB and any other relevant offices of the Executive branch
to ensure that such an office is authorized and funded in a timely
manner.
Young Americans Inclusion Assessment.—Millennials became the
largest generation in America in 2020, representing 22 percent of
the population, but only 8.1 percent of the Federal workforce is
under the age of 30. To improve representation in our democracy
and to benefit the next generation of leaders, the Committee di-
rects OMB to conduct an assessment on young Americans’ inclu-
sion across the Federal government. Within 270 days of enactment
of this Act, OMB shall report on methods for assessing whether
agency policies, actions, and personnel are inclusive of young Amer-
ican stakeholders and provide recommendations on how to increase
young Americans’ inclusion and meaningful engagement in each
Federal agency.
Confidential Information Projection and Statistical Efficiency.—
The Committee recommendation includes sufficient funding for im-
plementation of the regulatory requirements of the Confidential In-
formation Protection and Statistical Efficiency Act (title III of the
Foundations for Evidence-Based Policymaking Act, Public Law
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115–435) and related Evidence Act coordination activities.
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Employment Agreements.—The Committee recognizes that har-
assment, including sexual harassment and assault, continue to be
pervasive in the workplace, and that the use of predispute non-
disclosure and nondisparagement clauses as conditions of employ-
ment can perpetuate illegal conduct by silencing survivors and
shielding perpetrators. The Committee directs the Office of Man-
agement and Budget to assess the prevalence of predispute non-
disclosure and nondisparagement clauses in employment contracts
used by contractors and grantees receiving Federal funds. The
Committee directs OMB to include proposals in its fiscal year 2024
budget request to eliminate the use of grants and contracts to em-
ployers that use this practice.
Advertising Contracts.—The Committee directs the Office of
Management and Budget to work with all departments and agen-
cies across the federal government to include in its fiscal year 2024
budget justification projected expenditures for all fiscal year 2024
contracts for advertising services including amounts for contracts
to socially and economically disadvantaged small businesses con-
cerns (as defined in section 8(a)(4) of the Small Business Act (15
U.S.C. 637 (a)(4)); and women- and minority-owned businesses,
disaggregated by race and ethnicity.
INTELLECTUAL PROPERTY ENFORCEMENT COORDINATOR
Appropriation, fiscal year 2022 ......................................................... $1,838,000
Budget request, fiscal year 2023 ....................................................... 1,902,000
Recommended in the bill ................................................................... 1,902,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +64,000
Budget request, fiscal year 2023 ................................................ –––
The Office of the Intellectual Property Enforcement Coordinator
(IPEC) was created in 2008 to develop and coordinate overall U.S.
intellectual property policy and strategy.
COMMITTEE RECOMMENDATION
The Committee recommends $1,902,000 for IPEC.
Piracy Prevention.—The Committee continues to strongly support
IPEC’s efforts to promote voluntary, stakeholder-driven initiatives
to deprive piracy services from revenue from legitimate payment
processors and advertising networks. The Committee directs IPEC
to build upon this work and engage hosting entities such as reg-
istries and registrars to combat piracy. IPEC should work to ensure
that U.S. companies that provide hosting and analogous services
work proactively and effectively so that their legitimate services
are not manipulated to facilitate the theft of copyrighted works.
OFFICE OF THE NATIONAL CYBER DIRECTOR
SALARIES AND EXPENSES
Appropriation, fiscal year 2022 ......................................................... –––
Budget request, fiscal year 2023 ....................................................... $21,926,000
Recommended in the bill ................................................................... 21,926,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +21,926,000
Budget request, fiscal year 2023 ................................................ –––
The Office of the National Cyber Director (ONCD) was created
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in the William M. (Mac) Thornberry National Defense Authoriza-
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43
tion Act for Fiscal Year 2021 (Public Law 116–283) to advise the
President on cybersecurity and related emerging technology issues
and to coordinate cybersecurity strategy and policy, including Exec-
utive Branch development of an integrated national cybersecurity.
COMMITTEE RECOMMENDATION
The Committee recommends $21,926,000 for the ONCD.
Cyber Coordination.—The Committee notes the increasing regu-
larity of highly damaging cyberattacks, including attacks against
critical U.S. infrastructure, and supports the creation of new Fed-
eral cyber policy expertise and capabilities. The Committee also
notes that cyber policy functions are currently distributed among
numerous Federal agencies and offices and seeks clarity on
ONCD’s jurisdiction. The Committee directs ONCD to consult with
OMB, the National Security Council, the Cybersecurity and Infra-
structure Security Agency, the United States Intelligence Commu-
nity, the Department of Defense, and other Federal departments
and agencies, as appropriate, to ensure coordination of, and avoid
unnecessary duplication of, the activities of the ONCD with the ac-
tivities of other parts of the Federal government.
OFFICE OF NATIONAL DRUG CONTROL POLICY
SALARIES AND EXPENSES
Appropriation, fiscal year 2022 ......................................................... $18,952,000
Budget request, fiscal year 2023 ....................................................... 22,340,000
Recommended in the bill ................................................................... 22,340,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +3,388,000
Budget request, fiscal year 2023 ................................................ –––
The Office of National Drug Control Policy (ONDCP) was estab-
lished by the Anti-Drug Abuse Act of 1988. As the President’s pri-
mary source of support for counter-drug policy development and
program oversight, ONDCP is responsible for developing and up-
dating a National Drug Control Strategy, developing a National
Drug Control Budget, and coordinating and evaluating the imple-
mentation of Federal drug control activities. In addition, ONDCP
manages several counter-drug programs, including the High Inten-
sity Drug Trafficking Areas (HIDTA) and Drug-Free Communities
(DFC) grant programs.
COMMITTEE RECOMMENDATION
The Committee recommends $22,340,000 for ONDCP Salaries
and Expenses.
Administration of Grant Programs.—The HIDTA and DFC grant
programs play an important role in combating the nation’s opioid
epidemic. The Committee notes that ONDCP ensures the HIDTA
and DFC programs are equitably managed across Federal, State,
and local agencies and with the necessary interagency flexibility to
address emerging threats. The Committee supports keeping oper-
ational control over these programs within ONDCP.
Caribbean Border Counternarcotics Strategy.—The Committee re-
mains concerned about narcotics trafficking and related violence in
Puerto Rico and the U.S. Virgin Islands, home to approximately 3.3
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million American citizens, and their effect on U.S. States, espe-
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44
cially communities along the Eastern seaboard. The Committee
commends ONDCP for including a Caribbean Border Counter-
narcotics Strategy as a companion to the 2022 National Drug Con-
trol Strategy and expects that ONDCP will continue to include a
Caribbean Border Counternarcotics Strategy in forthcoming
versions of the National Drug Control Strategy.
National Drug Control Strategy and U.S. Territories.—The Com-
mittee is concerned that the National Drug Control Strategy does
not adequately address the problem of substance abuse, drug traf-
ficking, and associated violence in the U.S. territories. The Com-
mittee directs ONDCP to take all reasonable steps to consider, col-
lect, and publish relevant information from the five U.S. territories
in future reports and forthcoming versions of the National Drug
Control Strategy, in the same manner that such data is considered,
collected, and published for the States and the District of Colum-
bia.
Alternative Livelihood Opportunities.—The Committee recognizes
the importance of creating alternative livelihood opportunities for
farmers in opium poppy crop-producing regions of Mexico to reduce
the supply of opioids flowing into the United States. The Com-
mittee urges ONDCP to lead interagency efforts with the Govern-
ment of Mexico to develop an alternative livelihood program in
Mexico to increase economic opportunities for farmers, reduce their
dependence on opium poppy as a cash crop, and complement other
existing drug supply reduction strategies.
FEDERAL DRUG CONTROL PROGRAMS
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
(INCLUDING TRANSFERS OF FUNDS)
Appropriation, fiscal year 2022 ......................................................... $296,600,000
Budget request, fiscal year 2023 ....................................................... 293,500,000
Recommended in the bill ................................................................... 300,000,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +3,400,000
Budget request, fiscal year 2023 ................................................ +6,500,000
The HIDTA Program provides resources to Federal, State, local,
and Tribal agencies in designated HIDTAs to combat the produc-
tion, transportation, and distribution of illegal drugs; to seize as-
sets derived from drug trafficking; to address violence in drug-
plagued communities; and to disrupt the drug marketplace.
There are 33 HIDTAs operating in all 50 States plus the District
of Columbia, Puerto Rico, and the U.S. Virgin Islands. Each
HIDTA is managed by an Executive Board comprised of equal
numbers of Federal, State, local, and Tribal officials. Each HIDTA
Executive Board is responsible for designing and implementing ini-
tiatives for the specific drug trafficking threats in its region. Intel-
ligence and information sharing are key elements of all HIDTA
programs.
COMMITTEE RECOMMENDATION
The Committee recommends $300,000,000 for the HIDTA Pro-
gram.
Overdose Detection Mapping Application Program (ODMAP).—
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The Committee recognizes the effectiveness of ODMAP in facili-
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45
tating information sharing and supporting efforts by public health
and public safety officials to mobilize rapid response to a suspected
overdose event. The Committee encourages ONDCP, in consulta-
tion with the HIDTA Directors, to prioritize discretionary funds to-
wards programs that promote public health and public safety col-
laboration, including ODMAP.
OTHER FEDERAL DRUG CONTROL PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
Appropriation, fiscal year 2022 ......................................................... $133,617,000
Budget request, fiscal year 2023 ....................................................... 134,670,000
Recommended in the bill ................................................................... 139,670,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +6,053,000
Budget request, fiscal year 2023 ................................................ +5,000,000
COMMITTEE RECOMMENDATION
The Committee recommends $139,670,000 for Other Federal
Drug Control Programs. The recommended level for fiscal year
2023 is distributed among specific programs and activities as fol-
lows:
Drug-Free Communities .................................................................... $110,000,000
Drug Court Training and Technical Assistance ............................... 3,000,000
Anti-Doping Activities ........................................................................ 15,000,000
World Anti-Doping Agency ................................................................ 3,420,000
Model Acts Program ........................................................................... 1,250,000
Community-Based Coalition Enhancement Grants (CARA
Grants) ............................................................................................. 5,200,000
Policy Research ................................................................................... 1,300,000
Performance Audits and Evaluation ................................................. 500,000
U.S. Anti-Doping Agency.—The U.S. Anti-Doping Agency
(USADA) manages the anti-doping program for all U.S. Olympic
and Paralympic Committee recognized sports, which includes a pro-
gram for testing athletes for performance-enhancing substances to
ensure clean competition. The Committee encourages USADA to
support additional research on the effects of cannabis on athletic
performance, including whether marijuana use during the in-com-
petition period delivers performance-enhancing effects, and to en-
gage in efforts to change how cannabis is treated under the World
Anti-Doping Code and World Anti-Doping Agency Prohibited List.
UNANTICIPATED NEEDS
Appropriation, fiscal year 2022 ......................................................... $1,000,000
Budget request, fiscal year 2023 ....................................................... 1,000,000
Recommended in the bill ................................................................... 1,000,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. –––
Budget request, fiscal year 2023 ................................................ –––
The Unanticipated Needs account enables the President to meet
unanticipated exigencies in support of the national interest, secu-
rity, or defense.
COMMITTEE RECOMMENDATION
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The Committee recommends $1,000,000 for Unanticipated Needs.
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INFORMATION TECHNOLOGY OVERSIGHT AND REFORM
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2022 ......................................................... $8,000,000
Budget request, fiscal year 2023 ....................................................... 13,700,000
Recommended in the bill ................................................................... 13,700,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +5,700,000
Budget request, fiscal year 2023 ................................................ –––
The Information Technology Oversight and Reform account sup-
ports efforts to make the Federal government’s investments in in-
formation technology more efficient, secure, and effective.
COMMITTEE RECOMMENDATION
The Committee recommends $13,700,000 for information tech-
nology oversight activities.
SPECIAL ASSISTANCE TO THE PRESIDENT
SALARIES AND EXPENSES
Appropriation, fiscal year 2022 ......................................................... $4,839,000
Budget request, fiscal year 2023 ....................................................... 6,076,000
Recommended in the bill ................................................................... 6,076,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +1,237,000
Budget request, fiscal year 2023 ................................................ –––
These funds support the executive functions of the Office of the
Vice President.
COMMITTEE RECOMMENDATION
The Committee recommends $6,076,000 for the Office of the Vice
President.
OFFICIAL RESIDENCE OF THE VICE PRESIDENT
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2022 ......................................................... $311,000
Budget request, fiscal year 2022 ....................................................... 321,000
Recommended in the bill ................................................................... 321,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +10,000
Budget request, fiscal year 2023 ................................................ –––
The Official Residence of the Vice President Operating Expenses
account supports the care and operation of the Vice President’s res-
idence and supports equipment, furnishings, dining facilities, and
services required to perform and discharge the Vice President’s offi-
cial duties, functions, and obligations.
COMMITTEE RECOMMENDATION
The Committee recommends $321,000 for the Operating Ex-
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penses of the Vice President’s residence.
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ADMINISTRATIVE PROVISIONS—EXECUTIVE OFFICE OF THE
PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT
(INCLUDING TRANSFER OF FUNDS)
Section 201. The Committee continues a provision permitting the
transfer of not to exceed 10 percent of funds among various ac-
counts within the Executive Office of the President, with advance
approval of the Committee. The amount of an appropriation shall
not be increased by more than 50 percent.
Section 202. The Committee continues a provision requiring the
OMB Director to include a statement of budgetary impact with any
Executive Order or Presidential Memorandum issued or rescinded
during fiscal year 2023 where the regulatory cost exceeds
$100,000,000.
Section 203. The Committee continues a provision requiring the
OMB Director to issue a memorandum to all Federal departments,
agencies, and corporations directing compliance with title VII of
this Act.
Section 204. The Committee continues and modifies a provision
requiring OMB to permanently operate and maintain the system to
make publicly available, in an automated fashion, all documents
apportioning an appropriation including explanations of any foot-
notes for apportioned amounts (as that term is used in OMB Cir-
cular No. A–11), to publish all relevant delegations of apportion-
ment authority, and to provide requested classified formation.
Section 205. The Committee includes a new provision requiring
the Executive Office of the President to make contemporaneously
available on a publicly available website a searchable, sortable,
downloadable database of visitors to the White House, the Vice
President’s residence, or any other location at which the President
or Vice President regularly conducts official business.
TITLE III—THE JUDICIARY
The funds in title III are for the operation and maintenance of
United States Courts and include the salaries of judges, probation
and pretrial services officers, public defenders, court clerks, law
clerks, and other supporting personnel, as well as security costs, in-
formation technology, and other expenses of the Federal Judiciary.
The Committee recommends a total of $8,574,373,000 in discre-
tionary funding for the Judiciary in fiscal year 2023 which incor-
porates the Judiciary’s spring re-estimate. This is a $587,247,000
increase above fiscal year 2022 levels.
In addition to direct appropriations, the Judiciary collects various
fees and has certain multiyear funding authorities. The Judiciary
uses these non-appropriated funds to offset its direct appropriation
requirements. Consistent with prior year practices and section 608
of this Act, the Committee expects the Judiciary to submit a finan-
cial plan, within 60 days of enactment of this Act, allocating all
sources of available funds including appropriations, fee collections,
and carryover balances. This financial plan will be the baseline for
purposes of reprogramming notification.
The Committee is concerned for the safety of all Judicial employ-
ees and with the number of recent attacks and threats made to
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members of the Judiciary. The Committee requests to be kept in-
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formed of the security resources needed to protect the Third
Branch of the Federal Government. The Committee is pleased to
report that the bill fully funds the fiscal year 2023 budget request
for the Judiciary Court Security account.
The Judiciary recently notified the Committee of their critical in-
formation technology and cybersecurity needs totaling $403 million.
The Committee provides $128 million in fiscal year 2023 to fund
the Judiciary’s data center move and make investments in modern-
izing Judiciary’s core systems. This funding supports the Judi-
ciary’s case management system and strengthens the detection and
response efforts to proactively identify external and internal
threats to Judiciary’s information technology systems. The Com-
mittee looks forward to continued discussions on the incremental
funding needed, milestones achieved on each priority, and outyear
sustainment costs.
As the Judiciary collaborates with GAO and other stakeholders
on various workplace studies, the Committee expects the Adminis-
trative Office of the U.S. Courts and the Federal Judicial Center
to provide regular and in-depth access to all necessary data re-
quested by GAO and the National Academy of Public Administra-
tion in order for their reviews to be completed in a timely manner.
The Committee believes that the employees of the Judiciary de-
serve and should expect basic workplace rights that protect them
from harassment, discrimination, and other forms of misconduct.
The Judicial Conference is directed to report to the House and Sen-
ate Committees on Appropriations and the Judiciary on Judicial
Conduct and Disability (JC&D) Act orders that result in a finding
of misconduct for any judge no later than 30 days after an order
of the relevant judicial council becomes final or, for those orders
where review by the Judicial Conference’s Committee on Judicial
Conduct and Disability (JC&D Committee) has been requested, no
later than 30 days after the JC&D Committee’s review has been
completed. The Committee urges the Judicial Conference to create
a single, centralized webpage from which it is possible to access
JC&D orders posted on each circuit website.
SUPREME COURT OF THE UNITED STATES
SALARIES AND EXPENSES
Appropriation, fiscal year 2022 ......................................................... $98,338,000
Budget request, fiscal year 2023 ....................................................... 107,153,000
Recommended in the bill ................................................................... 113,951,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +15,613,000
Budget request, fiscal year 2023 ................................................ +6,798,000
COMMITTEE RECOMMENDATION
The Committee recommends $113,951,000 for fiscal year 2023 for
the salaries and expenses of personnel and for the cost of operating
the Supreme Court, excluding the care of the building and grounds.
The Committee is pleased to provide $6,798,000 above the Supreme
Court’s request for security needs. The Committee includes lan-
guage making $1,500,000 available until expended for information
technology investments. The Committee directs the Court to in-
clude with its budget justification materials a report showing infor-
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mation technology carryover balances and describing expenditures
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made in the previous fiscal year and planned expenditures in the
budget year.
Supreme Court Live Audio and Video Access.—The Committee
notes that providing Supreme Court arguments in real time via
video would greatly expand the Court’s accessibility to Americans
and provide historic and educational value. As such, the Committee
encourages the Supreme Court to permit video coverage of all open
sessions of the Court unless allowing such coverage in any case
would violate the due process of one or more of the parties in a
case before the Court. Should a majority of Justices remain reluc-
tant about video broadcasts of oral arguments, the Committee en-
courages the Court to continue providing the public with live audio
access to its arguments, as it has done since May 2020.
Supreme Court Code of Conduct.—The Committee urges the Su-
preme Court to adopt a Code of Conduct applicable for the Justices.
The Committee expects to be briefed on proposals for the adoption
of a Code of Conduct within 60 days of enactment of this Act.
Supreme Court Retention and Recruitment.—The Committee is
pleased to provide funding for the Supreme Court’s new initiative
to create and implement a Supreme Court loan repayment and
education assistance program for critical Supreme Court employ-
ees. This new program creates parity with the Capitol Police and
Executive Branch agencies regarding recruitment and retention of
police officers and other critical employees.
Supreme Court Security.—The Committee is committed to ensur-
ing the Court’s security requirements are fully funded. Justices and
court staff should not be threatened with violence. While the
Court’s initial budget request proposed security enhancements of
$4,986,000, the Court has identified an additional requirement of
$6,798,000. The recommendation fully funds all security require-
ments identified by the Court. The Court is expected to keep the
Committee informed of its security requirements and any changes
in funding needs.
CARE OF THE BUILDING AND GROUNDS
Appropriation, fiscal year 2022 ......................................................... $14,434,000
Budget request, fiscal year 2023 ....................................................... 33,512,000
Recommended in the bill ................................................................... 29,246,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +14,812,000
Budget request, fiscal year 2023 ................................................ ¥4,266,000
COMMITTEE RECOMMENDATION
The Committee recommends $29,246,000 for Care of Buildings
and Grounds, to remain available until expended. The Architect of
the Capitol has responsibility for these functions and supervises
the use of this appropriation.
Supreme Court Security.—The recommendation includes
$2,800,000 for physical security upgrades, as requested. This is in
addition to $4,200,000 provided in fiscal year 2022 for physical se-
curity upgrades.
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UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
SALARIES AND EXPENSES
Appropriation, fiscal year 2022 ......................................................... $34,280,000
Budget request, fiscal year 2023 ....................................................... 36,448,000
Recommended in the bill ................................................................... 36,735,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +2,455,000
Budget request, fiscal year 2023 ................................................ +287,000
COMMITTEE RECOMMENDATION
The Court of Appeals for the Federal Circuit has exclusive na-
tional jurisdiction over a large number of diverse subject areas, in-
cluding government contracts, patents, trademarks, Federal per-
sonnel, and veterans’ benefits. The Committee recommends
$36,735,000 for the United States Court of Appeals for the Federal
Circuit.
UNITED STATES COURT OF INTERNATIONAL TRADE
SALARIES AND EXPENSES
Appropriation, fiscal year 2022 ......................................................... $20,600,000
Budget request, fiscal year 2023 ....................................................... 21,405,000
Recommended in the bill ................................................................... 21,260,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +660,000
Budget request, fiscal year 2023 ................................................ ¥145,000
COMMITTEE RECOMMENDATION
The Court of International Trade has exclusive nationwide juris-
diction over civil actions against the United States and certain civil
actions brought by the United States arising out of import trans-
actions and administration and enforcement of the U.S. customs
and international trade laws. The Committee recommends
$21,260,000 for the United States Court of International Trade.
COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL
SERVICES
SALARIES AND EXPENSES
Appropriation, fiscal year 2022 ......................................................... $5,580,052,000
Budget request, fiscal year 2023 ....................................................... 5,973,325,000
Recommended in the bill ................................................................... 5,867,825,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +287,773,000
Budget request, fiscal year 2023 ................................................ ¥105,500,000
COMMITTEE RECOMMENDATION
The Committee recommends $5,867,825,000 for the operations of
the regional Courts of Appeals, District Courts, Bankruptcy Courts,
the Court of Federal Claims, and probation and pretrial services of-
fices.
In addition, the Committee recommends a reimbursement of
$10,280,000 from the Vaccine Injury Compensation Trust Fund to
cover expenses of the United States Court of Federal Claims associ-
ated with processing cases under the National Childhood Vaccine
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Injury Act of 1986.
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DEFENDER SERVICES
Appropriation, fiscal year 2022 ......................................................... $1,343,175,000
Budget request, fiscal year 2023 ....................................................... 1,461,711,000
Recommended in the bill ................................................................... 1,409,211,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +66,036,000
Budget request, fiscal year 2023 ................................................ ¥52,500,000
COMMITTEE RECOMMENDATION
This account provides funding for the operation of the Federal
Public Defender and Community Defender organizations and for
compensation and reimbursement of expenses of panel attorneys
appointed pursuant to the Criminal Justice Act for representation
in criminal cases. The Committee recommends $1,409,211,000 for
Defender Services.
FEES OF JURORS AND COMMISSIONERS
Appropriation, fiscal year 2022 ......................................................... $32,603,000
Budget request, fiscal year 2023 ....................................................... 45,677,000
Recommended in the bill ................................................................... 45,677,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +13,074,000
Budget request, fiscal year 2023 ................................................ –––
COMMITTEE RECOMMENDATION
The Committee recommends $45,677,000 for payments to jurors
and commissioners
COURT SECURITY
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2022 ......................................................... $704,800,000
Budget request, fiscal year 2023 ....................................................... 785,589,000
Recommended in the bill ................................................................... 750,586,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +45,786,000
Budget request, fiscal year 2023 ................................................ ¥35,003,000
COMMITTEE RECOMMENDATION
The Committee recommends $750,586,000 for Court Security to
provide for necessary expenses of security and protective services
in courtrooms and adjacent areas.
The recommendation fully funds the Judiciary’s request for Court
Security in this account and includes additional funds in section
307 of this Act to address courthouse security requirements. The
Committee estimates the Judiciary will use $35,000,000 of funds
provided in section 307 for court security requirements. The Com-
mittee is committed to ensure the Judiciary’s security requirements
are fully funded. Judges and court staff should not be threatened
with violence.
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ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS
SALARIES AND EXPENSES
Appropriation, fiscal year 2022 ......................................................... $98,545,000
Budget request, fiscal year 2023 ....................................................... 111,261,000
Recommended in the bill ................................................................... 105,700,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +7,155,000
Budget request, fiscal year 2023 ................................................ ¥5,561,000
COMMITTEE RECOMMENDATION
The Administrative Office of the United States Courts (AO) pro-
vides administrative and management support to the United States
Courts, including the probation and bankruptcy systems. It also
supports the Judicial Conference of the United States in deter-
mining Federal Judiciary policies, in developing methods to assist
the courts to conduct business efficiently and economically, and in
enhancing the use of information technology in the courts. The
Committee recommends $105,700,000 for the AO.
The Committee directs the Administrative Office’s Office of Judi-
cial Integrity to continue to inform Congress in their annual Con-
gressional budget on the challenges remaining to provide an exem-
plary workplace for every judge and every court employee.
Judiciary Materials.—The Committee continues to direct the Ju-
diciary to include in their annual budget justification a report on
the steps the AO is taking to ensure materials concerning pending
legislation are consistent with both the Code of Conduct for United
States Judges and the Code of Conduct for Judicial Employees.
Office of Compliance and Risk.—The Committee directs the Judi-
ciary to submit a report concurrently with its fiscal year 2024
budget justification to Congress summarizing all judiciary audit re-
sults reported to the Judicial Conference Committee on Audits and
Administrative Office Accountability for the period beginning in
2018 through the date of transmission of the report.
Sharing Best Practices.—The Committee encourages the Judici-
ary to share and implement best practices for the reduction of and
responses to workplace misconduct. These include findings in the
climate surveys and throughout the Judiciary.
Oversight over the Office of Judicial Integrity.—The Committee
provides additional funding for the Office of Judicial Integrity to in-
crease staff dedicated to providing confidential advice to judiciary
staff on workplace issues, coordinating staff training programs, and
ensuring consistency in workplace policies and protections across
circuits. The Committee looks forward to receiving GAO’s review of
workplace misconduct in the Federal Judiciary and recommenda-
tions for how this office can help foster a better workplace environ-
ment for all Judicial employees.
FEDERAL JUDICIAL CENTER
SALARIES AND EXPENSES
Appropriation, fiscal year 2022 ......................................................... $29,885,000
Budget request, fiscal year 2023 ....................................................... 33,455,000
Recommended in the bill ................................................................... 34,261,000
Bill compared with:
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Appropriation, fiscal year 2022 .................................................. +4,376,000
Budget request, fiscal year 2023 ................................................ +806,000
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COMMITTEE RECOMMENDATION
The Federal Judicial Center (FJC) improves the management of
Federal Judicial dockets and court administration through edu-
cation for judges and staff and through research, evaluation, and
planning assistance for the courts and the Judicial Conference. The
Committee recommends $34,261,000 for the FJC.
Education and Training of Judges.—The Committee recognizes
the importance of national security considerations in reviewing
bankruptcy and investment transactions, and encourages the FJC
to educate bankruptcy judges on the Committee on Foreign Invest-
ment in the United States process and how bankruptcy court deci-
sions impact this process and national security. The Committee
looks forward to the submission of the report required by House
Report 117–79 on the FJC’s plans to incorporate national security
considerations into bankruptcy judge educational activities.
Workplace Misconduct Report.—The Committee directs the Fed-
eral Judicial Center to contract with the National Academy of Pub-
lic Administration, entering into independent partnership to assist
the FJC with its efforts to conduct workplace surveys of the judici-
ary, collect and analyze organizational process and employee en-
gagement data, and coordinate best workplace practices across the
Judiciary. The study should also explore options to institutionalize
such capacity within the Judiciary to ensure continued and con-
sistent attention to these matters in the future. The recommenda-
tion includes $1,000,000 for this purpose and directs that the study
begin within 60 days of enactment of this Act. The FJC is invited
to coordinate with the Office of Judicial Integrity during this study.
The National Academy of Public Administration and the FJC shall
submit the results of the study no later than one year after the
study contract is executed and submit the results to the House and
Senate Committees on Appropriations.
UNITED STATES SENTENCING COMMISSION
SALARIES AND EXPENSES
Appropriation, fiscal year 2022 ......................................................... $20,564,000
Budget request, fiscal year 2023 ....................................................... 21,892,000
Recommended in the bill ................................................................... 21,641,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +1,077,000
Budget request, fiscal year 2023 ................................................ ¥251,000
COMMITTEE RECOMMENDATION
The purpose of the U.S. Sentencing Commission is to establish,
review, and revise sentencing guidelines, policies, and practices for
the Federal criminal justice system. The Commission is also re-
quired to monitor the operation of the guidelines and to identify
and report necessary changes to Congress. The Committee rec-
ommends $21,641,000 for the Commission.
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ADMINISTRATIVE PROVISIONS—THE JUDICIARY
(INCLUDING TRANSFER OF FUNDS)
Section 301. The Committee continues language to permit funds
for salaries and expenses to be available for employment of experts
and consultant services as authorized by 5 U.S.C. 3109.
Section 302. The Committee continues language that permits up
to five percent of any appropriation made available for fiscal year
2023 to be transferred between Judiciary appropriations provided
that no appropriation shall be decreased by more than five percent
or increased by more than ten percent by any such transfer except
in certain circumstances. In addition, the language provides that
any such transfer shall be treated as a reprogramming of funds
under sections 604 and 608 of the accompanying bill and shall not
be available for obligation or expenditure except in compliance with
the procedures set forth in those sections.
Section 303. The Committee continues language authorizing not
to exceed $11,000 to be used for official reception and representa-
tion expenses incurred by the Judicial Conference of the United
States.
Section 304. The Committee continues language through fiscal
year 2023 regarding the delegation of authority to the Judiciary for
contracts for repairs of less than $100,000.
Section 305. The Committee continues language to authorize a
court security pilot program.
Section 306. The Committee continues language to extend tem-
porary judgeships in the districts of Alabama-Northern, Arizona,
California Central, Florida-Southern, Hawaii, Kansas, Missouri
Eastern, New Mexico, North Carolina Western, and Texas Eastern.
Section 307. The Committee includes new language providing an
additional $128,000,000 to improve Judicial security, Judiciary IT,
and cybersecurity.
Section 308. The Committee includes new language creating a re-
tention and recruitment program for critical Supreme Court em-
ployees.
TITLE IV—DISTRICT OF COLUMBIA
FEDERAL FUNDS
FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT
Appropriation, fiscal year 2022 ......................................................... $40,000,000
Budget request, fiscal year 2023 ....................................................... 20,000,000
Recommended in the bill ................................................................... 40,000,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. –––
Budget request, fiscal year 2023 ................................................ +20,000,000
The Resident Tuition Support program, also known as the D.C.
Tuition Assistance Grant program, provides up to $10,000 annually
for undergraduate District students to address the difference be-
tween in-state and out-of-state tuition rates and makes it possible
for them to attend eligible four-year public universities and colleges
nationwide. Grants of up to $2,500 per year are available for stu-
dents to attend private universities and colleges in the D.C. metro-
politan area, private Historically Black Colleges and Universities
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nationwide, and public two-year community colleges nationwide.
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COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $40,000,000
for the Resident Tuition Support program. The District of Columbia
can contribute local funds to this program and is authorized to
prioritize applications based on income and need if there is demand
for the program beyond the available level of Federal funds.
FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS
IN THE DISTRICT OF COLUMBIA
Appropriation, fiscal year 2022 ......................................................... $25,000,000
Budget request, fiscal year 2023 ....................................................... 30,000,000
Recommended in the bill ................................................................... 30,000,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +5,000,000
Budget request, fiscal year 2023 ................................................ –––
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $30,000,000
for emergency planning and security costs and additional costs in-
curred by the District of Columbia.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS
Appropriation, fiscal year 2022 ......................................................... $257,591,000
Budget request, fiscal year 2023 ....................................................... 295,588,000
Recommended in the bill ................................................................... 295,588,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +37,997,000
Budget request, fiscal year 2023 ................................................ –––
Under the National Capital Revitalization and Self-Government
Improvement Act of 1997, the Federal government is required to fi-
nance the District of Columbia Courts. This Federal payment to
the District of Columbia Courts funds the operations of the District
of Columbia Court of Appeals, Superior Court, Court System, and
Capital Improvement Program.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $295,588,000
for operation of the District of Columbia Courts.
The amount recommended by the Committee includes
$15,055,000 for the Court of Appeals, $140,973,000 for the Superior
Court, $88,290,000 for the Court System, and $51,270,000 for cap-
ital improvements to courthouse facilities. Funds for capital im-
provements are provided to improve life safety compliance, conduct
general repair projects and upgrades, and move the various court
offices into owned space and out of leased space.
FEDERAL PAYMENT FOR DEFENDER SERVICES IN DISTRICT OF
COLUMBIA COURTS
(INCLUDING RESCISSION OF FUNDS)
Appropriation, fiscal year 2022 ......................................................... $46,005,000
Budget request, fiscal year 2023 ....................................................... 46,005,000
Recommended in the bill ................................................................... 46,005,000
Bill compared with:
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Appropriation, fiscal year 2022 .................................................. –––
Budget request, fiscal year 2023 ................................................ –––
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The District of Columbia Courts appoint and compensate attor-
neys to represent persons who are financially unable to obtain such
representation.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $46,005,000
for Defender Services in the District of Columbia Courts. The rec-
ommendation includes a one-time rescission of $22,000,000 million
in unobligated balances from Defender Services.
FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER
SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA
Appropriation, fiscal year 2022 ......................................................... $286,426,000
Budget request, fiscal year 2023 ....................................................... 281,516,000
Recommended in the bill ................................................................... 281,516,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. ¥4,910,000
Budget request, fiscal year 2023 ................................................ –––
The Court Services and Offender Supervision Agency (CSOSA)
for the District of Columbia is an independent Federal agency cre-
ated by the National Capital Revitalization and Self-Government
Improvement Act of 1997. CSOSA acquired operational responsibil-
ities for the former District agencies in charge of probation and pa-
role and houses the Pretrial Services Agency for the District of Co-
lumbia within its framework.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $281,516,000
for CSOSA. Of the amounts provided, $204,579,000 is for Commu-
nity Supervision and Sex Offender Registration and $76,937,000 is
for pretrial services. The recommendation includes $7,798,000, to
remain available until September 30, 2025, for the costs associated
with relocation under replacement leases for headquarters offices,
field offices, and related facilities for CSOSA and $998,000, to re-
main available until September 30, 2025, for the costs associated
with a replacement lease and relocation of the Pretrial Services
Agency.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER
SERVICE
Appropriation, fiscal year 2022 ......................................................... $52,598,000
Budget request, fiscal year 2023 ....................................................... 53,629,000
Recommended in the bill ................................................................... 53,629,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +1,031,000
Budget request, fiscal year 2023 ................................................ –––
The Public Defender Service (PDS) for the District of Columbia
is an independent organization authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997.
PDS’s purpose is to provide legal representation services within the
District of Columbia justice system.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $53,629,000
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for PDS for the District of Columbia.
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FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING
COUNCIL
Appropriation, fiscal year 2022 ......................................................... $2,150,000
Budget request, fiscal year 2023 ....................................................... 2,450,000
Recommended in the bill ................................................................... 2,450,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +300,000
Budget request, fiscal year 2023 ................................................ –––
The Criminal Justice Coordinating Council (CJCC) provides a
forum for District of Columbia and Federal law enforcement to
identify criminal justice issues and solutions and improve the co-
ordination of their efforts. In addition, the CJCC developed and
maintains the Justice Integrated Information System, which pro-
vides for the seamless sharing of information with Federal and
local law enforcement.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $2,450,000 to
the Criminal Justice Coordinating Council.
FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS
Appropriation, fiscal year 2022 ......................................................... $618,000
Budget request, fiscal year 2023 ....................................................... 630,000
Recommended in the bill ................................................................... 630,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +12,000
Budget request, fiscal year 2023 ................................................ –––
This appropriation provides funding for two judicial commissions.
The first is the Judicial Nomination Commission (JNC), which rec-
ommends a panel of three candidates to the President for each judi-
cial vacancy in the District of Columbia Court of Appeals and Supe-
rior Court. From the panel selected by the JNC, the President
nominates a person for each vacancy and submits his or her name
for confirmation to the Senate. The second commission is the Com-
mission on Judicial Disabilities and Tenure (CJDT), which has ju-
risdiction over all judges of the Court of Appeals and Superior
Court to determine whether a judge’s conduct warrants disciplinary
action and whether involuntary retirement of a judge for health
reasons is warranted. In addition, the CJDT conducts evaluations
of judges seeking reappointment and judges who retire and wish to
continue service as a senior judge.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $330,000 for
the CJDT and $300,000 for the JNC.
FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT
Appropriation, fiscal year 2022 ......................................................... $52,500,000
Budget request, fiscal year 2023 ....................................................... 52,500,000
Recommended in the bill ................................................................... 52,500,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. –––
Budget request, fiscal year 2023 ................................................ –––
The Scholarships for Opportunity and Results (SOAR) Act, as re-
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authorized in P.L. 116–94, authorizes funds to be evenly divided
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between District of Columbia Public Schools, Public Charter
Schools, and Opportunity Scholarships.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $52,500,000
for school improvement. Based on the statutory funding formula,
$17,500,000 is provided for District of Columbia Public Schools,
$17,500,000 is provided for Public Charter Schools, and
$17,500,000 is provided for Opportunity Scholarships. The Com-
mittee also retains bill language requiring schools participating in
the SOAR program to certify compliance with Federal civil rights
and special education laws.
In the fiscal year 2022 budget request for the District of Colum-
bia, the Administration indicated that they planned to phase out
the Opportunity Scholarship Program in fiscal year 2023 and that
they would submit a road map for the phase out. However, there
was no phase out plan submitted with the fiscal year 2023 budget
request. In fiscal year 2024 the Committee expects a phase out
plan to be submitted. Therefore, the Committee directs the District
of Columbia, in consultation with the nonprofit corporation that ad-
ministers the D.C. Opportunity Scholarship Program, to submit a
plan within 180 days of enactment of this Act that ensures that
students currently participating in the program are allowed to com-
plete their education at their current school and also ensures that
no new students are admitted to the program.
FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA NATIONAL GUARD
Appropriation, fiscal year 2022 ......................................................... $600,000
Budget request, fiscal year 2023 ....................................................... 600,000
Recommended in the bill ................................................................... 600,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. –––
Budget request, fiscal year 2023 ................................................ –––
The Major General David F. Wherley, Jr. District of Columbia
National Guard Retention and College Access Program pays for a
tuition assistance program for guard members.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $600,000. The
Committee acknowledges the unique role of the D.C. National
Guard in addressing emergencies that may occur as a result of the
presence of the Federal government.
FEDERAL PAYMENT FOR TESTING AND TREATMENT OF HIV/AIDS
Appropriation, fiscal year 2022 ......................................................... $4,000,000
Budget request, fiscal year 2023 ....................................................... 5,000,000
Recommended in the bill ................................................................... 5,000,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +1,000,000
Budget request, fiscal year 2023 ................................................ –––
Currently, two percent of the population of the District of Colum-
bia has been diagnosed with HIV/AIDS. This percentage surpasses
the generally accepted definition of an epidemic, which is one per-
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cent of the population.
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COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $5,000,000 for
testing, education, and treatment of HIV/AIDS.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND
SEWER AUTHORITY
Appropriation, fiscal year 2022 ......................................................... $8,000,000
Budget request, fiscal year 2023 ....................................................... 8,000,000
Recommended in the bill ................................................................... 8,000,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. –––
Budget request, fiscal year 2023 ................................................ –––
The Federal Payment to the District of Columbia Water and
Sewer Authority supports the D.C. Clean Rivers Project, which is
designed to reduce combined sewer overflows to the Anacostia and
Potomac Rivers and Rock Creek.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $8,000,000 for
implementation of the D.C. Clean Rivers project.
TITLE V—INDEPENDENT AGENCIES
ADMINISTRATIVE CONFERENCE OF THE UNITED STATES
SALARIES AND EXPENSES
Appropriation, fiscal year 2022 ......................................................... $3,400,000
Budget request, fiscal year 2023 ....................................................... 3,465,000
Recommended in the bill ................................................................... 3,465,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +65,000
Budget request, fiscal year 2023 ................................................ –––
The Administrative Conference of the United States (ACUS) is
an independent agency that studies Federal administrative proce-
dures and processes to recommend improvements to the President,
Congress, and other agencies.
COMMITTEE RECOMMENDATION
The Committee recommends $3,465,000 for ACUS.
CONSUMER FINANCIAL PROTECTION BUREAU
The Consumer Financial Protection Bureau (CFPB) was estab-
lished under title X of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (P.L. 111–203) as a bureau under the
Federal Reserve System. The Act consolidated authorities pre-
viously shared by seven Federal agencies under Federal consumer
protection laws in the CFPB and provided CFPB with additional
authorities to conduct rulemaking, supervision, and enforcement
with respect to Federal consumer financial laws. Funding required
to support the CFPB’s operations are obtained from transfers from
the Federal Reserve System.
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COMMITTEE RECOMMENDATION
The Committee strongly supports the CFPB’s work to empower
and protect consumers by regulating offerings of consumer finan-
cial products and enforcing violations of consumer financial laws
and regulations. The Committee directs CFPB to take aggressive
action to protect consumers, including those negatively affected by
the COVID–19 pandemic.
CONSUMER PRODUCT SAFETY COMMISSION
SALARIES AND EXPENSES
Appropriation, fiscal year 2022 ......................................................... $139,050,000
Budget request, fiscal year 2023 ....................................................... 195,500,000
Recommended in the bill ................................................................... 166,300,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +27,250,000
Budget request, fiscal year 2023 ................................................ ¥29,200,000
The Consumer Product Safety Act of 1972 established the Con-
sumer Product Safety Commission (CPSC), an independent Federal
regulatory agency, to reduce the risk of injury associated with con-
sumer products.
COMMITTEE RECOMMENDATION
The Committee recommends $166,300,000 for the CPSC. The
CPSC has been chronically underfunded in recent years. The rec-
ommendation includes a significant increase to address unfunded
priorities identified by the CPSC in prior years, including increased
import surveillance, expanded hazard identification capability, and
increased Internet surveillance for dangerous products.
The recommendation includes $2,500,000 for the Virginia
Graeme Baker (VGB) Grant Program and the associated adminis-
trative costs to reduce the number of injuries and deaths associated
with pools and spas.
Pool Safely.—The Committee commends the CPSC for continuing
to provide resources for the national and grassroots ‘‘Pool Safely’’
campaign, a safety information and education program designed to
reduce child drownings and near drowning injuries and maintain
a zero-fatality rate for drain entrapments. This multifaceted initia-
tive includes consumer and industry education efforts, press
events, partnerships, outreach, and advertising. The Committee ex-
pects the CPSC to increase funding for the ‘‘Pool Safely’’ campaign
above the fiscal year 2022 levels.
VGB Grant Program Facilitation.—The CPSC is directed to in-
clude in its VGB Grant Program solicitation explicit language indi-
cating that some aspects of the grant proposal may be achieved by
contracting with other entities, including civic organizations.
Illegal Aerial Fireworks.—The Committee remains concerned
about ongoing consumer protection issues posed by illegal aerial
fireworks. The Committee expects to receive the report requested
in House Report 117–79 adopted by Public Law 117–103, on its in-
vestigation of the importation and shipment of illegal aerial fire-
works and recommendations for stopping their importation and
shipment and educating the public about their danger.
Nanotechnology and Crumb Rubber.—The Committee directs the
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CPSC to continue to conduct applied research on exposure to poten-
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tial chronic hazards related to nanotechnology in consumer prod-
ucts and crumb rubber (artificial field turf and playgrounds). In ad-
dition, as part of the Healthy Children initiative and in coordina-
tion with other relevant Federal agencies, the CPSC is directed to
continue to conduct a hazard analysis and quantitative risk assess-
ments on crumb rubber to determine whether crumb rubber may
be ‘‘hazardous,’’ as defined in the Federal Hazardous Substances
Act.
ADMINISTRATIVE PROVISION—CONSUMER PRODUCT SAFETY
COMMISSION
Section 501. The Committee continues a provision prohibiting
funds to finalize, implement, or enforce the proposed rule on rec-
reational off-highway vehicles until a study is completed by the Na-
tional Academy of Sciences.
ELECTION ASSISTANCE COMMISSION
SALARIES AND EXPENSES
Appropriation, fiscal year 2022 ......................................................... $20,000,000
Budget request, fiscal year 2023 ....................................................... 30,087,000
Recommended in the bill ................................................................... 34,087,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +14,087,000
Budget request, fiscal year 2023 ................................................ +4,000,000
The Election Assistance Commission (EAC) is a bipartisan Fed-
eral commission that helps election officials administer and voters
participate in elections. Established by the Help America Vote Act
of 2002 (HAVA), the EAC distributes, administers, and audits
HAVA funds, serves as the Nation’s clearinghouse for information
on election administration, conducts the Election Administration
and Voting Survey and other studies, develops the Voluntary Vot-
ing System Guidelines, accredits testing laboratories and certifies
voting systems, and administers the National Mail Voter Registra-
tion Form in accordance with the National Voter Registration Act
of 1993.
COMMITTEE RECOMMENDATION
The Committee recommends $34,087,000 for the Salaries and Ex-
penses of the EAC, of which $1,500,000 shall be made available to
the National Institute of Standards and Technology (NIST) for elec-
tion reform activities authorized under HAVA. In addition, the rec-
ommendation includes $4,000,000 for the Help America Vote Col-
lege Program.
The Committee supports outreach and investments to promote
full and active participation in the election process and protect the
right to vote for all Americans.
Support to Local Election Jurisdictions.—The Committee urges
the EAC to increase outreach and trainings to local election juris-
dictions, with particular attention to those jurisdictions which are
consistently last to report polling data for Federal elections.
Election Cybersecurity Support.—The Committee is concerned
with the threat of election meddling from state and non-state ac-
tors through cyberattacks on election and voter registration sys-
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tems. The Committee urges the EAC to work with NIST and the
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62
Department of Homeland Security (DHS) to strengthen coordina-
tion with and outreach to State and local election officials on cyber-
security best practices.
Survivor Safety in Voting.—The Committee recognizes that sur-
vivors of intimate-partner violence and sexual assault may choose
to not register to vote because their personally identifiable informa-
tion may be released or accessed in voter registration databases.
Several states have established voter privacy programs that enable
survivors of domestic violence, stalking, sexual assault, trafficking,
and dating violence to keep their personally identifiable informa-
tion, such as a home address, confidential. The Committee directs
EAC to publish guidance for states on how to advance the privacy
and safety of survivors when registering to vote or casting a ballot,
including best practices for establishing voter privacy programs.
Such guidance shall be written in consultation with organizations
with expertise in intimate-partner violence and sexual assault and
technology safety, including culturally specific programs.
ELECTION SECURITY GRANTS
Appropriation, fiscal year 2022 ......................................................... $75,000,000
Budget request, fiscal year 2023 ....................................................... – – –*
Recommended in the bill ................................................................... 400,000,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +325,000,000
Budget request, fiscal year 2023 ................................................ +400,000,000
* The budget request proposes legislation to provide $10,000,000,000 in mandatory funding, to be expended
over 10 years, to support state and local election infrastructure through formula grants administered by
EAC.
COMMITTEE RECOMMENDATION
The Committee recommends $400,000,000 for Election Security
Grants.
The bill requires States to use payments to replace direct-record-
ing electronic (DRE) voting machines with voting systems that re-
quire the use of an individual, durable, voter-verified paper ballot,
marked by the voter by hand or through the use of a non-tab-
ulating ballot marking device or system, and made available for in-
spection and verification by the voter before the vote is cast and
counted. Funds shall only be available to a State or local election
jurisdiction for further election security improvements after a State
has submitted a certification to the EAC that all DRE voting ma-
chines have been or are in the process of being replaced.
Funds shall be available to States for the following activities to
improve the security of elections for Federal office: implementing a
post-election, risk-limiting audit system that provides a high level
of confidence in the accuracy of the final vote tally; maintaining or
upgrading election-related computer systems, including voter reg-
istration systems, to address cyber vulnerabilities identified
through DHS scans or similar assessments of existing election sys-
tems; facilitating cyber and risk mitigation training for State and
local election officials; implementing established cybersecurity best
practices for election systems; and other priority activities and in-
vestments identified by the EAC, in consultation with DHS, to im-
prove election security. The EAC shall define in the Notice of Grant
Award the eligible investments and activities for which grant funds
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may be used by the States. The EAC shall review all proposed in-
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vestments to ensure funds are used for the purposes set forth in
the Notice of Grant Award.
The bill also requires that not less than 67 percent of the pay-
ment made to a State be allocated in cash or in-kind to local gov-
ernment entities responsible for the administration of elections for
Federal office. Further, the bill requires States to submit quarterly
financial reports and annual progress reports to the EAC.
FEDERAL COMMUNICATIONS COMMISSION
SALARIES AND EXPENSES
Appropriation, fiscal year 2022 ......................................................... $381,950,000
Budget request, fiscal year 2023 ....................................................... 390,192,000
Recommended in the bill ................................................................... 390,192,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +8,242,000
Budget request, fiscal year 2023 ................................................ –––
The mission of the Federal Communications Commission (FCC)
is to implement and enforce the Communications Act of 1934 and
assure the availability of high-quality communications services for
all Americans.
COMMITTEE RECOMMENDATION
The Committee recommends $390,192,000 for the FCC, to be de-
rived from offsetting collections. The Committee also includes a cap
of $132,231,000 for the administration of spectrum auctions.
Broadband Maps.—The Committee has provided significant
funding for implementation of the Broadband DATA Act (P.L. 116–
130) and remains highly interested in the FCC’s progress in meet-
ing the requirements of the Act. The FCC is directed to provide an
updated spend plan and status report on Broadband Data Act
spending no later than 60 days after enactment of this Act, includ-
ing an updated timeline for release of the broadband maps required
by the Act.
Spectrum Coordination.—The Committee remains concerned
about ongoing, public disputes among Federal agencies that disrupt
spectrum reallocation initiatives, harm efforts to deploy new com-
mercial wireless technologies, and undermine U.S. competitiveness
with peer nations. The Committee is encouraged that the FCC and
National Telecommunications and Information Administration
(NTIA) have launched a new Spectrum Coordination Initiative to
improve Federal coordination on spectrum management issues, in-
cluding committing to update the 20-year Memorandum of Under-
standing between the two agencies. The Committee expects the
FCC to take further action to help eliminate the potential for fu-
ture interagency spectrum disputes, including promptly imple-
menting the relevant recommendations from the GAO report enti-
tled ‘‘Spectrum Management: Agencies Should Strengthen Collabo-
rative Mechanisms and Processes to Address Potential Inter-
ference’’ (GAO–21–474), developing engineering tools and tech-
niques to resolve disputes in an evidence-based manner, and work-
ing with agencies to implement receiver hardening and other tech-
niques to mitigate out-of-band interference concerns.
Secure and Trusted Communications Networks Act.—The Com-
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mittee looks forward to reviewing the final funding allocations for
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64
the Secure and Trusted Communications Networks Act Reimburse-
ment Program and notes that the FCC has a statutory obligation
to disburse funds first to approved applicants that have 2,000,000
or fewer customers for removal and replacement of covered commu-
nications equipment.
Mobile Services.—The Infrastructure Investment and Jobs Act
(IIJA) provides substantial resources to improve broadband cov-
erage throughout the country. Given the resources provided by
IIJA, the FCC should evaluate Universal Service Fund (USF) pro-
gram plans to ensure that future USF funding is not duplicative
of the IIJA program or other Federal broadband funding initiatives.
The USF funding should address the most pressing unfunded
needs in unserved and underserved communities, such as access to
mobile 5G services.
Broadband Access.—The Committee believes that deployment of
broadband in rural and economically disadvantaged areas is a driv-
er of economic development, jobs, and new educational opportuni-
ties. The Committee supports FCC efforts to judiciously allocate
USF funds for these areas.
Territorial Access to Broadband.—The Committee is concerned
about disparities in access to communications services on Tribal
lands and in territories. The Committee encourages the FCC to im-
plement policies to increase broadband access and adoption in
these areas. The Committee commends the FCC’s work in estab-
lishing the Uniendo, a Puerto Rico Fund, and the Connect U.S. Vir-
gin Islands (USVI) Fund to make additional USF funding available
to rebuild fixed and mobile voice and broadband networks damaged
in the 2017 hurricane season. In September 2019, the FCC ap-
proved $950,000,000 in Stage 2 funding to improve, expand, and
harden communications networks in Puerto Rico and the USVI. In
the U.S. Virgin Islands, the FCC is allocating more than
$180,000,000 over ten years in support fixed networks, and
$4,000,000 over three years for mobile networks. The Committee
supports these efforts and urges the FCC to expeditiously move for-
ward with its funding commitments under these programs.
Tribal Access to Broadband.—The Committee urges the FCC to
responsibly and efficiently take action to increase access to
broadband on Tribal lands and supports consultation with Feder-
ally recognized Indian Tribes, Alaska Native villages and corpora-
tions, and entities related to Hawaiian home lands to help close the
digital divide. The FCC is encouraged to use all available resources
to increase funding for consultation with Federally recognized In-
dian tribes, Alaska Native villages, and entities related to Hawai-
ian homelands; other work by the Office of Native Affairs and Pol-
icy (ONAP); and associated work from other bureaus and offices in
support of ONAP. Within 180 days of enactment of this Act, the
Committee requests that the FCC provide a report on its efforts to
support Tribal access to broadband, including efforts to help Tribes
implement broadband services using 2.5 GHz spectrum and utilize
the Emergency Broadband Benefit and the Affordable Connectivity
Program.
School Broadband.—The Committee believes that access to
broadband is an important factor in student success in school. The
coronavirus pandemic highlighted this issue, but it will continue
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for many students even after full-time remote learning ends. The
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Committee notes that Congress established a $7,171,000,000 Emer-
gency Connectivity Fund in the American Rescue Plan Act of 2021
(P.L. 117–2) to help address this issue. The Committee directs the
FCC to evaluate new or existing programs that could be used to
permanently extend telecommunications and information services
to students at locations other than schools and libraries. The Com-
mittee directs the FCC to provide a briefing on implementation of
the Emergency Connectivity Fund and any findings from its eval-
uations no later than 120 days after the enactment of this Act.
Emergency Alert System.—The Committee recognizes the impor-
tant role that the Emergency Alert System and emergency warn-
ings play in averting loss of life during disasters and other emer-
gencies. The Committee directs the FCC, which is responsible for
creating standards and procedures for these systems, to ensure
Emergency Alert System messages, emergency warnings, and other
similar alerts are provided to the public in English, Spanish, and
any other language deemed necessary in a geographic area when-
ever appropriate to help prevent loss of life during emergencies.
6 GHz.—The Committee continues to hear concerns about the po-
tential for harmful interference to important public safety and crit-
ical infrastructure communications systems within the 6 GHz
band. Within 90 days of enactment of this Act, the FCC is directed
to brief the Committee on the Commission’s engineering analysis
leading to its decision concerning the use of the 6 GHz band and
detail how the FCC will ensure that incumbents are properly pro-
tected from harmful interference.
Cybersecurity Certification and Labeling.—The Committee en-
courages the FCC’s Office of Engineering and Technology to begin
assessing existing cybersecurity certifications pertinent to critical
infrastructure and to develop further informational and techno-
logical resources, as needed, to inform consumer and critical infra-
structure owner and operator purchasing decisions for secure infor-
mation and communications technologies.
Citizens Broadband Radio Service.—The Committee directs the
FCC to study and support innovative pilot programs to increase
student access to technology through the Citizens Broadband Radio
Service, to determine if effective models may be scaled up.
Rural Telehealth Initiative.—The Committee supports the Memo-
randum of Understanding entered into on August 31, 2020, estab-
lishing a Rural Telehealth Initiative among the Department of
Health and Human Services, the FCC, and the Department of Agri-
culture. Together, this important initiative can leverage expertise
from each respective agency and improve collaboration among enti-
ties tasked with addressing rural telehealth access. This initiative
recognizes the unique problems facing rural Americans that need
access to critical care services through telehealth platforms. Agen-
cies involved in this initiative should prioritize opportunities to
continue the expansion of telehealth services, close the digital di-
vide, and not leave rural communities behind.
Broadcaster Relocation.—The Consolidated Appropriations Act,
2018 (P.L. 115–141) provided an additional $1,000,000,000 over two
years to the TV Broadcaster Relocation Fund to reimburse channel
relocation service and equipment costs incurred by the broadcast
industry, as well as to provide financial assistance to FM stations,
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TV translators, and low-power stations. The Committee is aware of
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concerns about funds available to broadcasters to repack stations
and is monitoring this issue closely. Both broadcasters and entities
who purchased spectrum rights participated in good faith to make
the incentive auction successful. The Committee supported FCC’s
administration of the incentive auction and expects the FCC to
take into careful consideration any participating entity’s concerns.
Within 90 days of enactment of this Act, the FCC shall provide a
report detailing the total amount of funding provided and re-
quested by each category of eligible recipient.
Digital Literacy.—The Committee notes that closing the digital
divide is critical to economic growth and reductions in inequality.
As digital platforms grow in scope and vital services such as
healthcare and education move online, all communities must be
digitally literate and have the skills to access essential online serv-
ices. The Committee directs the FCC, in collaboration with the De-
partments of Commerce and Education, to study the state of digital
literacy in the United States, including efforts by state and local
governments to increase digital literacy. The FCC is directed to re-
port to Congress, within one year of enactment of this Act, on how
the Federal government can improve and maintain digital literacy
in the United States.
Robocalls.—The Committee remains concerned about the rapidly
growing problem of robocalls and understands that the FCC re-
ceives more consumer complaints about robocalls than any other
single issue. The FCC is directed to provide a report to the Com-
mittee within 90 days of enactment of this Act detailing the status
of implementation of the TRACED Act (P.L. 116–105).
Robocall Penalty Collection.—The Committee is aware of signifi-
cant delays in collecting and enforcing financial penalties levied
under the Telephone Consumer Protection Act (TCPA) and is con-
cerned that these fines serve as an insufficient deterrent to poten-
tial TCPA violators. The Committee urges the FCC to regularly
discuss collections of these fines with the Department of Justice to
ensure timely collection and to report to the Committee every three
months after enactment of this Act on the status of collected and
uncollected penalties.
USF Contribution Reform.—In recognition of the rapidly chang-
ing communications industry landscape, the Committee believes it
is imperative that the FCC work with the Federal-State Joint
Board on Universal Service on recommendations for USF mod-
ernization, including contribution reform to ensure the long-term
sustainability and viability of the USF programs and resolve in-
equities in the current contributions structure.
ADMINISTRATIVE PROVISIONS—FEDERAL COMMUNICATIONS
COMMISSION
Section 510. The Committee continues and modifies a provision
extending an exemption from the Antideficiency Act for the USF.
Section 511. The Committee continues a provision prohibiting the
FCC from changing rules governing the USF regarding single con-
nection or primary line restrictions.
Section 512. The Committee includes a new provision prohibiting
the FCC from taking any action against businesses that include ad-
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vertisements for cannabis in areas where it is legal statewide.
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FEDERAL DEPOSIT INSURANCE CORPORATION
OFFICE OF THE INSPECTOR GENERAL
Appropriation, fiscal year 2022 ......................................................... $46,500,000
Budget request, fiscal year 2023 ....................................................... 47,500,000
Recommended in the bill ................................................................... 47,500,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +1,000,000
Budget request, fiscal year 2023 ................................................ –––
Funding for the Office of the Inspector General (OIG) at the Fed-
eral Deposit Insurance Corporation (FDIC) is provided pursuant to
31 U.S.C. 1105(a)(25), which requires a separate appropriation for
each OIG established under section 11(2) of the Inspector General
Act of 1978.
COMMITTEE RECOMMENDATION
The Committee recommends $47,500,000 from the Deposit Insur-
ance Fund and the Federal Savings and Loan Insurance Corpora-
tion Resolution Fund to finance the OIG.
FEDERAL ELECTION COMMISSION
SALARIES AND EXPENSES
Appropriation, fiscal year 2022 ......................................................... $74,500,000
Budget request, fiscal year 2023 ....................................................... 81,674,000
Recommended in the bill ................................................................... 81,674,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +7,174,000
Budget request, fiscal year 2023 ................................................ –––
The Federal Election Commission (FEC) administers the disclo-
sure of campaign finance information, enforces limitations on con-
tributions and expenditures, and performs other tasks related to
Federal elections.
COMMITTEE RECOMMENDATION
The Committee recommends $81,674,000 for the Salaries and Ex-
penses of the FEC.
The Committee directs the Government Accountability Office to
revisit and update the report entitled ‘‘Campaign Finance Reform:
Experiences of Two States That Offered Full Public Funding for
Political Candidates’’ (GAO–10–390), to account for data and expe-
riences in selected states and localities that have established sys-
tems of public funding over the last five election cycles.
FEDERAL LABOR RELATIONS AUTHORITY
SALARIES AND EXPENSES
Appropriation, fiscal year 2022 ......................................................... $27,398,000
Budget request, fiscal year 2023 ....................................................... 31,762,000
Recommended in the bill ................................................................... 31,762,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +4,364,000
Budget request, fiscal year 2023 ................................................ –––
Established by title VII of the Civil Service Reform Act of 1978,
the Federal Labor Relations Authority (FLRA) serves as a neutral
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arbiter in the labor activities of non-postal Federal employees, De-
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partments and agencies, and Federal unions on matters outlined in
the Act, including collective bargaining and the settlement of dis-
putes. Establishment of the FLRA gives full recognition to the role
of the Federal government as an employer. Under the Foreign
Service Act of 1980, the FLRA also addresses similar issues affect-
ing Foreign Service personnel by providing staff support for the
Foreign Service Impasse Disputes Panel and the Foreign Service
Labor Relations Board.
COMMITTEE RECOMMENDATION
The Committee recommends $31,762,000 for the FLRA.
FEDERAL PERMITTING IMPROVEMENT STEERING COUNCIL
ENVIRONMENTAL REVIEW IMPROVEMENT FUND
Appropriation, fiscal year 2022 ......................................................... $10,000,000
Budget request, fiscal year 2023 ....................................................... 10,262,000
Recommended in the bill ................................................................... 10,000,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. –––
Budget request, fiscal year 2023 ................................................ ¥262,000
This account funds the authorized activities of the Environ-
mental Review Improvement Fund and the Federal Permitting Im-
provement Steering Council (FPISC). The FPISC leads ongoing
government-wide efforts to modernize the Federal permitting and
review process for major infrastructure projects and works with
Federal agency partners to implement and oversee adherence to
the statutory requirements set forth in the Fixing America’s Sur-
face Transportation Act.
COMMITTEE RECOMMENDATION
The Committee recommends $10,000,000 for the FPISC.
FEDERAL TRADE COMMISSION
SALARIES AND EXPENSES
Appropriation, fiscal year 2022 ......................................................... $376,530,000
Budget request, fiscal year 2023 ....................................................... 490,000,000
Recommended in the bill ................................................................... 490,000,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +113,470,000
Budget request, fiscal year 2023 ................................................ –––
The mission of the Federal Trade Commission (FTC) is to enforce
various Federal antitrust and consumer protection laws. Appropria-
tions for both the Antitrust Division of the Department of Justice
and the FTC are partially financed by Hart-Scott-Rodino Act
premerger filing fees. The FTC’s appropriation is also partially off-
set by Do-Not-Call registry fees.
COMMITTEE RECOMMENDATION
The Committee recommends $490,000,000 for the FTC. The Con-
gressional Budget Office estimates $190,000,000 of collections from
Hart-Scott-Rodino premerger filing fees and $20,000,000 of collec-
tions from Do-Not-Call fees, which partially offset the appropria-
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tion requirement for this account.
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The Committee is highly concerned by increasing instances of
fraudulent or deceptive data collection practices and other viola-
tions of consumer protection laws, as well as by increasing con-
centration in technology and other markets. The Committee pro-
vides the FTC with additional resources to increase both its en-
forcement of antitrust statutes and its capacity to investigate un-
fair, deceptive, and fraudulent business practices.
Fraudulent Calls to Seniors.—The Committee notes that there
has been a significant uptick in fraudulent telephone calls to sen-
iors from people claiming to represent the Social Security Adminis-
tration. In many cases, these callers are spoofing the actual Social
Security hotline number, making it appear as if they are calling
from the Social Security hotline. The Committee urges the FTC to
prioritize investigations into robocalls that attempt to defraud sen-
ior citizens.
Fraudulent Health Care Calls.—The Committee is aware of the
growing practice of robocallers attempting to commit financial
fraud by targeting health care providers and patients. In some
cases, callers use a spoofed number, making it appear as if they are
calling from a hospital or physician’s office, and seek to obtain sen-
sitive health-related or finance-related information about patients.
In other cases, callers posing as agents of the Department of Jus-
tice or relevant credentialing authorities contact hospitals, ques-
tioning the licensing of physicians working at the hospital. These
practices pose a direct threat to patients and providers, and they
undermine the integrity and trust that are vital components of the
patient-physician and patient-hospital relationship. The Committee
directs the FTC to prioritize investigations into robocalls that at-
tempt to defraud patients, physicians, hospitals, and other health
care stakeholders.
Unproven Stem Cell Products.—The Committee commends the
FTC for its recent enforcement actions against companies making
deceptive health claims about the safety and efficacy of unap-
proved, unproven stem cell products and cellular therapies.
Unproven stem cell products and cellular therapies have put many
patients at risk and resulted in patients being blinded, paralyzed,
and infected with dangerous pathogens. However, despite these en-
forcement actions, the number of businesses marketing unapproved
therapies continues to grow. The Committee encourages the FTC to
continue to prioritize enforcement actions against companies mak-
ing deceptive and unproven health claims regarding the safety and
efficacy of unapproved stem cell-based products and cellular thera-
pies. Further, the Committee encourages the FTC to continue to co-
ordinate with the Food and Drug Administration to optimize its en-
forcement and consumer education activities. The FTC shall pro-
vide a report to the Committee within 120 days of enactment of
this Act on the enforcement actions taken in these areas in the
past two years.
Cryptocurrency.—Cryptocurrencies are digital assets that use
cryptography to secure or verify transactions. They are not created
by a government or central bank, but they can be exchanged for
U.S. dollars or other government-backed currencies. As consumer
interest in cryptocurrencies has grown, so have scams such as de-
ceptive investment and business opportunities, bait-and-switch
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schemes, and deceptively marketed mining machines. The Com-
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mittee encourages the FTC to work with the Securities and Ex-
change Commission (SEC), other financial regulators, consumer
groups, law enforcement, research organizations, and other public
and private stakeholders to identify and investigate fraud related
to cryptocurrencies market and discuss methods to empower and
protect consumers. The Committee recommends that the FTC in-
crease its engagement with stakeholders on this issue and that the
FTC promptly publish any public education or consumer protection
best practices developed from its activities on its website. The Com-
mittee requests the FTC, in coordination with the SEC, brief the
Committee within 90 days of enactment of this Act on its engage-
ment with stakeholders on this issue.
False Arrests.—The Committee is deeply concerned by recent re-
ports that rental car companies have contributed to false arrests of
customers by wrongfully reporting customers to law enforcement
for vehicle theft due to failed corporate recordkeeping. Moreover,
rental car companies have then failed to correct their false reports
when confronted with evidence to the contrary. The Committee di-
rects the FTC to swiftly investigate this egregious failure, which
can have life-changing consequences for consumers, and implement
a plan to protect consumers from these false arrests.
Consumer Right to Repair.—The Committee is aware of the
FTC’s ongoing work examining how manufacturers, particularly
mobile phone and car manufacturers, may limit repairs by con-
sumers and repair shops, and how those limitations may increase
costs, limit choice, and impact consumers’ rights under the Magnu-
son-Moss Warranty Act. Increasingly, manufacturers are exploiting
their access to consumers’ telematics data while limiting those
same consumers from accessing their own data or from sharing
such access with independent repair shops. Following up on the
‘‘Nixing the Fix’’ report, the Committee directs the FTC to
prioritize investigations and enforcement efforts that protect con-
sumers from unfair acts limiting competition, specifically stemming
from manufacturers’ control over telematics systems.
Online Misinformation.—The Committee is concerned about a
lack of digital literacy and poor public understanding of emerging
technologies that allow for the manipulation of digital content. The
Committee directs the FTC to consult with the Department of Edu-
cation, the Commerce Department, the Federal Communications
Commission, and other agencies as appropriate, and brief the Com-
mittee within 120 days of enactment of this Act with recommenda-
tions for programs or initiatives that could help educate consumers
about the potential harm caused by disinformation, misinforma-
tion, and deepfakes, or help certify the authenticity and provenance
of online content. The Committee also expects the FTC to increase
its Spanish-focused online literacy education in these areas to en-
sure that Americans who primary language is Spanish can also
benefit from the FTC’s efforts.
Non-Compete Agreements.—The Committee is concerned that the
overuse of non-compete agreements is detrimental to workers in
many sectors. The Committee directs the FTC to research this
issue and determine whether a rule restricting the use of non-com-
pete clauses in employment contracts might be appropriate. The
FTC is directed to brief the Committee on this issue within 180
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days of enactment of this Act.
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Pharmacy Benefit Manager (PBM) Study.—The Committee was
disappointed that the FTC did not advance its proposal to issue or-
ders to study the competitive impact of large pharmacy benefit
managers’ contractual provisions, reimbursement adjustments, and
other practices affecting drug prices for patients, including those
practices that may disadvantage specialty and other types of phar-
macies. The Committee is concerned that some PBMs may have a
conflict of interest when they control which pharmacies patients
can access, the reimbursement that non-affiliated (or owned) phar-
macies will receive, and rebate practices that increase patient out-
of-pocket costs. The Committee urges the FTC to proceed expedi-
tiously with a ‘‘6(b) Study on Pharmacy Benefit Managers’’ (PBMs)
Relationship with Affiliated and Independent Pharmacies,’’ and to
examine these issues closely, providing recommendations to Con-
gress and the Administration. The 6(b) Study on PBMs should ex-
amine contractual practices like inflation payments or other rebate-
like fees, policies affecting network participation by non-affiliated
and non-owned pharmacies, pharmacy certification and accredita-
tion requirements, post-sale pharmacy price concessions or other
pharmacy fee adjustments, pharmacy performance evaluations and
related payment adjustments, practices affecting drug prices like
determinations on whether a drug is brand or generic, and Direct
or Indirect Remuneration effects on patient cost-sharing, among
other considerations.
Plant-Based Products.—The Committee is aware of the ongoing
debate around plant-based labels and the use of traditional meat,
dairy, and egg terminology. The Committee encourages the FTC to
work with the Food and Drug Administration on labeling require-
ments to ensure that consumers have clear, accurate information
about plant-based food products.
Children’s Privacy.—The Committee notes ongoing concerns
about potential violations of the Children’s Online Privacy Protec-
tion Act (COPPA) as a result of the significant increase in online
activity by children during the COVID–19 pandemic, including con-
cerns from the White House, States, and civil society, and looks for-
ward to the report on COPPA enforcement required by House Re-
port 117–79. The Committee is encouraged by the FTC’s aggressive
use of its statutory enforcement authorities to examine and remedy
alleged violations of the COPPA Rule, including the recent actions
related to Kurbo, Recolor, and OpenX. The Committee urges the
FTC to prioritize investigations into potential violations of the
COPPA rule, to continue to require the destruction or deletion of
models or algorithms that incorporate inappropriately collected in-
formation, and to examine other authorities that might allow the
FTC to better protect the privacy of children.
Exploitation of Native Language and Culture.—The Committee is
concerned about the inauthentic use of native language and culture
for marketing, which can harm economic opportunities for native
producers and denigrate native education efforts. Within 180 days
of enactment of this Act, the Committee requests the FTC report
to the Committee with recommendations for actions under the Fair
Packaging and Labeling Act or other mechanisms to help address
this issue.
Combating Online Hate.—The Committee is concerned with the
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vast amounts of racist and sexist hate experienced by users of on-
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line platforms. The Committee encourages the FTC to identify poli-
cies and provide recommendations that can help protect Americans
from hate and abuse on online platforms.
Disorder Treatment Services.—The Committee is concerned about
the growing prevalence of unfair or deceptive marketing practices
with respect to substance use disorder treatment service providers.
The Committee directs the FTC to report within 180 days of enact-
ment of this Act on current trends of deceptive representation by
treatment service providers regarding the cost, price, efficacy, per-
formance, benefit, risk, or safety of opioid treatment programs or
products, as well as the FTC’s actions to enforce relevant regula-
tions to prevent these types of abuses.
Retail Grocery Industry.—The Committee is concerned about
trade promotion practices in the retail grocery industry. Within 180
days of enactment of this Act, the FTC is directed to report to the
Committee and post online a study of trade promotion, category
captain, and online retail practices in the grocery retail industry,
building on any relevant findings that may be reported from the
FTC inquiry into supply chain disruptions. The Committee further
requests that the report include any findings regarding retailers’
in-store and online trade promotion, category management, and
personalized data use practices.
HSR Aggregation.—The Committee recognizes the importance of
the Hart-Scott-Rodino Improvements Act in protecting consumers
from anticompetitive behavior. The Committee, however, is con-
cerned about the FTC’s recent rulemaking related to aggregation
requirements for HSR filings that would apply to registered invest-
ment companies. Mutual funds, including those managed by a com-
mon investment adviser, are by law separate entities with inde-
pendent investment objectives and strategies that are wholly
owned by respective fund shareholders. Requiring the aggregation
of holdings across multiple funds that share a common adviser and
other entities may lead to arbitrary investment caps, increased
costs to funds due to additional HSR filings, and index fund track-
ing errors due to the required pause in carrying out transactions,
among other unintended effects. This will impair the ability of
funds to meet their shareholders’ investment objectives. The Com-
mittee expects the FTC to carefully review the record in the rule-
making and address significant stakeholder concerns before taking
further action on this issue.
Contact Lenses.—The Committee supports maintaining long-
standing regulation and oversight of the contact lens marketplace,
including via the recently finalized Contact Lens Rule. The Com-
mittee supports the FTC’s efforts to enforce the Rule’s verification
requirements, particularly related to new online market entrants.
Health Information Privacy.—The Committee is concerned by re-
ports of app developers, data brokers, and re-sellers that are col-
lecting and selling personal health information and geolocation in-
formation related to health services. The collection and sale of this
private information risks substantial harm to consumers, including
health and safety injuries. The Committee directs the FTC to in-
vestigate reports and instances of such practices to the maximum
extent of its authorities, issue warning letters to entities engaged
in the collection and sale of this information as appropriate, and
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dedicate enforcement resources to address these urgent issues.
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Within 180 days of enactment of this Act, the FTC shall report to
the Committee on actions the FTC has taken to address these prac-
tices in the past two years, an assessment of the extent of these
practices, and any legislative recommendations that might help
mitigate harms to consumers. Additionally, the Committee expects
the fiscal year 2024 budget request for the FTC to include dedi-
cated resources for investigating and responding to instances in
which health-related information and location data is collected and
sold by data brokers.
Food Marketing.—The Committee is concerned about the growing
rate of childhood and adolescent obesity and the food industry’s
marketing practices for these populations. Within 180 days of en-
actment of this Act, the Committee directs FTC to report on the
marketing activities and expenditures of the food industry targeted
toward children and adolescents. The report should update topics
in previous expenditure reports and focus on three new priorities
including targeted food and beverage marketing to children and
adolescents of color, digital food and beverage marketing and data
practices targeting children and adolescents regardless of platform
type, and food and beverage marketing on educational technology
platforms. The Committee further directs the FTC to publicly post
this report on the FTC website.
GENERAL SERVICES ADMINISTRATION
The Committee continues several reporting requirements for the
General Services Administration (GSA) for fiscal year 2023 and in-
cludes new spending priorities.
Takings and Exchanges.—Using existing statutory authorities,
GSA has been working to dispose of properties that no longer meet
the needs of Federal agencies in exchange for assets of like value.
Some of these exchanges are very complex in nature and involve
multi-year, multi-party, and multi-billion-dollar contracts. GSA
also has the statutory authority to take properties. The Committee
believes that, in some instances, employing such authorities can re-
sult in savings to the taxpayer when appropriately executed. In
order to provide increased transparency and keep the Committee
informed, the Administrator is directed to report to the Committee
not later than 30 days after the end of each quarter on the use of
these authorities. The report shall include a description of all
takings and exchange actions that occurred or were considered dur-
ing the most recently completed quarter of the fiscal year, includ-
ing the costs, benefits, and risks for each action. The report shall
also include the planned or considered use of takings and exchange
authorities during the remainder of the fiscal year, including the
costs, benefits, and risks of each action.
Spending Report.—Within 50 days of the end of each quarter,
GSA is directed to submit a spending report to the Committee. The
reports shall include actual obligations incurred and estimated obli-
gations for the remainder of the fiscal year for each appropriation
in the Federal Buildings Fund and regular discretionary appropria-
tions. The reports must also include obligations by object class, pro-
gram, project, and activity.
State of the Portfolio.—Within 45 days of enactment of this Act,
the Administrator shall submit to the Committee a report on the
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state of the Public Buildings Service real estate portfolio for fiscal
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year 2022. The content included in the report shall be comparable
to the tabular information provided in past State of the Portfolio
reports, including, but not limited to, the number of leases; the
number of buildings; amount of square feet, revenue, expenses by
type, and vacant space; top customers by square feet and annual
rent; and completed new construction, completed major repairs and
alterations, and disposals, in total and by region where appro-
priate.
Diversity in Federal Public Building Names.—The Committee
recognizes the Administrator of GSA’s role in naming or renaming
Federal buildings, and the honor and significance of naming a Fed-
eral public building after an individual. The Committee also recog-
nizes the significant contributions to the prosperity of the United
States made by individuals from Black, Latino, Native America,
and Asian American and Pacific Islander communities, as well as
the history of underrepresentation that these communities have ex-
perienced in the United States. Within 180 days after the enact-
ment of this Act, the Committee directs the GSA to conduct an
analysis of the diversity of the individuals after which Federal
buildings are named after and a list of all unnamed GSA owned
buildings above 10,000 gross square feet and the congressional dis-
trict they are located within.
Presidential Transition Costs.—GSA serves a central role in co-
ordinating and facilitating presidential transitions under the Presi-
dential Transition Act of 1963. GSA’s responsibilities include the
provision of office space and information technology to transition
teams, funding for transition team staff, and coordinating with
agencies across the government to arrange pre-election and post-
election transition activities. The Committee requests that the Gov-
ernment Accountability Office conduct a review of GSA’s full costs
of supporting the 2020–2021 presidential transition. This review
will help the Committee ensure that GSA is prepared for future
transitions and help the Committee assess the feasibility of GSA
support to more than one transition team should the result of an
election be unclear for a period following the election.
Supply Chain Security Pilot.—In fiscal year 2022 the Committee
noted there was a growing consensus in the Federal government
that increased measures need to be taken to better identify and ef-
fectively respond to threats to the Federal government’s informa-
tion technology, networks, and supply chains. Commercial off-the-
shelf supply chain tools have been developed to address supply
chain issues such as understanding supply chains with precision,
identifying cyber or other threats to them, and providing contin-
uous critical information for when specific threats are identified.
GSA should, as a matter of policy, consider using commercial off-
the-shelf supply chain management tools to accomplish government
supply chain monitoring missions. The Committee expects GSA to
spend all of the allotted funds for this activity under the fiscal year
2022 GSA Office of Government Wide Policy heading or submit a
notification consistent with section 608 of division E of Public Law
117–103.
In addition, to maintain support of the critical monitoring of gov-
ernment supply chain programs, the Committee directs GSA to
spend $4,000,000 in fiscal year 2023 across appropriated and non-
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appropriated accounts to provide additional funding for demonstra-
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75
tions and contracts to test and evaluate the utility of commercial
solutions for supply chain risk management for the Office of Infor-
mation Technology Category within the GSA Federal Acquisition
Service. The Committee furthers directs GSA to provide a briefing
to the Committee within 30 days of enactment of this Act on all
spending related to the Supply Chain Security Pilot.
REAL PROPERTY ACTIVITIES
FEDERAL BUILDINGS FUND
LIMITATIONS ON AVAILABILITY OF REVENUE
(INCLUDING TRANSFERS OF FUNDS)
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2022 ..................................... $9,342,205,000
Limitation on availability, budget request, fiscal year 2023 .......... 10,797,954,000
Recommended in the bill ................................................................... 10,485,535,000
Bill compared with:
Availability limitation, fiscal year 2022 .................................... +1,143,330,000
Availability limitation, fiscal year 2023 request ...................... ¥312,419,000
The Federal Buildings Fund (FBF) finances the activities of the
Public Buildings Service (PBS), which provides space and services
for Federal agencies in a relationship similar to that of landlord
and tenant. The FBF, established in 1975, replaces direct appro-
priations with income derived from rent assessments, which ap-
proximate commercial rates for comparable space and services. The
Committee makes funds available through a process of placing lim-
itations on obligations from the FBF as a way of allocating funds
for various FBF activities.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation on the availability of
funds of $10,485,535,000 for the FBF.
Historically, prior to obligating funds for prospectus-level con-
struction, alterations, or leases, GSA has waited for the project to
be authorized through a resolution approved by the Committee on
Transportation and Infrastructure in the House and the Committee
on Environment and Public Works in the Senate as required by
title 40 of the United States Code and in accordance with the pro-
viso included in the FBF appropriations limiting the obligation of
funds to prospectus-level projects approved by the authorizing com-
mittees. The Committee supports this process and believes that
prospectus-level projects warrant a thorough review from both the
Appropriations Committee and the authorizing committees. The
Committee expects GSA to continue to follow this process.
Building Automation Systems to Monitor and Reduce Emis-
sions.—The Committee directs GSA’s Public Buildings Service to
support existing agency sustainability goals by monitoring the sus-
tainability profile of the Federal real estate portfolio in real-time
by modernizing the building automation systems of federal build-
ings. The Committee further directs the Public Building Service to
enter into a pilot program with a smart sensor provider that has
the ability to measure emissions levels in real-time, trigger alerts,
and inform building activity to reduce building emissions. Addition-
ally, the pilot program participant shall provide emissions feedback
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to a data repository such that the GSA can report emissions reduc-
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tions progress. The Committee includes $3,000,000 for the Public
Buildings Service in the Federal Buildings Fund Building Oper-
ations account to upgrade GSA PBS sustainability monitoring at a
federally-owned building in Region 1. Within 180 days of enact-
ment of this Act and the conclusion of this pilot, GSA is directed
to provide a report to the Committee that summarizes how emis-
sions were monitored, detected, and mitigated.
Social Cost of Carbon.—For the purpose of life cycle cost analyses
on projects receiving funding in this Act, the Administrator is di-
rected to apply the social cost of carbon, the social cost of nitrous
oxide, and the social cost of methane as established pursuant to
Executive Order 13990, with interim values to be used until final
values are published.
Mitigating Bird Deaths.—The Committee recognizes the impor-
tance of mitigating bird deaths due to collisions with buildings. The
Committee directs GSA, to the maximum extent practicable, to in-
corporate methods and strategies to reduce bird mortality from col-
lisions with public buildings constructed, acquired, altered, or oper-
ated by GSA. GSA is encouraged to follow current best practices for
building facade materials, design features, lighting practices, and
operations, including those practices referenced in green building
system credits, and to obtain certification for such credits when
green building systems are applied.
High Performance Leasing.—The Administration has committed
time and resources to develop lease procedures to reduce utility
consumption, optimize building performance, and save taxpayer
funds on leasing inefficient facilities, in light of its statutory obliga-
tion to provide for implementation of cost-effective energy and
water efficiency measures throughout Federally leased properties.
The Committee expects the Administration to follow statutory re-
quirements and implement its policies for leases, including compli-
ance with the ENERGY STAR and building rating certification
lease policies and procedures in applicable projects. The Committee
further encourages the Administration to develop and implement
mechanisms to improve landlord compliance with energy provisions
of leases for Federal space.
Executive Office for Immigration Review (EOIR) Court Space.—
The Committee is concerned with the lack of necessary facilities for
Immigration Judges on the U.S.-Mexico border. Therefore, the
Committee directs GSA to take direction from EOIR on its new
space requirements. The Committee further directs GSA to conduct
market research and market surveys, with EOIR’s program of re-
quirements, that are geographically adjacent to the southwest bor-
der with the purpose of identifying potential facilities that can be
used as immigration courtrooms from Federal, State, local, and pri-
vate sources, including courtrooms where the cases of detained
aliens may be heard. The Committee expects GSA to use a turn-
key leasing approach, when possible, for court space acquisition.
Furthermore, in Federal locations along the U.S.–Mexico border,
the Committee encourages GSA to identify and prioritize the acqui-
sition of available space for use by EOIR as courtrooms, including
courtrooms where the cases of detained aliens may be heard. With-
in 60 days of enactment of this Act GSA shall report to the Com-
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mittees on progress it has made relative to the directive included
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under this heading in House Report 117–79 adopted by Public Law
117–103.
Plumbing Requirements.—During the next revision of GSA’s
building construction requirements (GSA P100), the Committee en-
courages GSA to evaluate additional codes and standards, includ-
ing those that have achieved American National Standard Institute
(ANSI) designation, or were developed by an ANSI Audited Desig-
nator, to better align with the intent of Federal policy on the use
of codes, standards, and directives that Congress has given Federal
departments and agencies through more than 100 Committee Re-
ports since the 108th Congress.
Design Excellence Program.—The Committee supports the Design
Excellence Program, administered by the Public Buildings Service
within GSA. The Committee believes it is an essential part of
GSA’s mission, encouraging architectural achievement and pro-
viding value to the American taxpayer. The Committee directs GSA
to strictly adhere to the Guiding Principles of Federal Architecture
of 1962 in all solicitations for design services and other procure-
ment practices. The Committee further directs GSA to consider
input from advisory panels, including the Commission of Fine Arts,
as non-binding, pursuant to their statutory authority.
Plum Island.—The Committee supports GSA’s and the Depart-
ment of Homeland Security’s efforts to remediate and transfer own-
ership of Plum Island. The Committee encourages GSA to work ex-
peditiously on the Plum Island Closure and Sale project and to sup-
port a conservation outcome for the island.
Automated External Defibrillators in public buildings.—Sudden
cardiac arrest is a leading cause of death for Americans, and early
intervention and timely use of an automated external defibrillator
(AED) significantly improves the chances of survival. In 2001, Con-
gress required the creation of a public access defibrillator program
that included voluntary guidelines for deployment of AEDs in Fed-
eral buildings. Furthermore in 2009, GSA and the Department of
Health and Human Services (HHS) issued a Federal Management
Regulation (FMR) bulletin on Guidelines for Public Access
Defibrillation Programs in Federal facilities. The Committee directs
GSA, in coordination with HHS as the lead agency with health pol-
icy expertise, to update the 2009 FMR bulletin to reflect advances
in AED technologies and to examine whether AEDs should be re-
quired in Federally owned buildings under the custody and control
of GSA.
CONSTRUCTION AND ACQUISITION
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2022 ..................................... $299,476,000
Limitation on availability, budget request, fiscal year 2023 .......... 408,023,000
Recommended in the bill ................................................................... 962,438,000
Bill compared with:
Availability limitation, fiscal year 2022 .................................... +662,962,000
Availability limitation, fiscal year 2023 request ...................... +554,415,000
The construction and acquisition fund finances the project cost of
design, construction, and management and inspection costs of new
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Federal facilities.
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COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $962,438,000 for the
following projects:
State Description Amount
DC ..................................... DHS Consolidation at St. Elizabeths .................................................................... 379,938,000
DC ..................................... Federal Energy Regulatory Commission Lease Purchase .................................... 21,000,000
NCR .................................. Federal Bureau of Investigation Headquarters Consolidation ............................. 500,000,000
CT ..................................... Hartford, United States Courthouse ..................................................................... 61,500,000
Mexico-American Border Coordinators.—Mexico is the second
largest importer of all goods into the U.S., in addition to being the
second largest recipient of all goods exported by the U.S. The Com-
mittee is concerned that a potential lack of coordination between
Customs and Border Protection (CBP), GSA, the Department of
Transportation, and other relevant Federal agencies is hampering
freight infrastructure development at land ports of entry with the
highest amount annual trade at the southwest border, critical to
maintaining this bilateral trade relationship. The Committee notes
that GSA has designated a border infrastructure coordinator in
each region along the southwest border to facilitate more efficient
development of these projects and to coordinate with the appro-
priate counterpart within the Mexican government. The Committee
expects GSA to maintain these border coordinator positions and no-
tify the Committee if any additional resources are necessary to
maintain these positions.
Land Ports of Entry Study.—The Committee directs GAO to
study the Federal government’s efforts to modernize and design
land ports of entry. The Committee directs GAO to report to the
Committee no later than one year after the enactment of this Act
on how Federal agencies determine designs for modernization
projects, plan and prioritize projects and other modernization ef-
forts, and manage and oversee those projects and efforts.
Flexible Workspace Services.—Within 90 days of enactment of
this Act, GSA is directed to produce a report on the agency’s imple-
mentation of its flexible coworking services contracts, including but
not limited to the number of task orders issued thereunder, and
the agency’s plans for utilizing the contracts and other short term
flexible workspace agreements as part of the agency’s overall strat-
egy to address current and future Federal office space needs. GSA
is further directed, consistent with 40 U.S.C. 587(c), to provide as-
sistance to other agencies regarding their establishment and oper-
ation of alternative workplace arrangements. Such alternative
workplace arrangements may include, but not be limited to, flexible
coworking services contracts entered into by GSA, as well as other
similar flexible workspace agreements entered into by GSA or
other agencies utilizing existing service contract authorities.
REPAIRS AND ALTERATIONS
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2022 ..................................... $581,581,000
Limitation on availability, budget request, fiscal year 2023 .......... 1,751,870,000
Recommended in the bill ................................................................... 974,708,000
Bill compared with:
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Availability limitation, fiscal year 2022 .................................... +393,127,000
Availability limitation, fiscal year 2023 request ...................... ¥777,162,000
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The repairs and alterations activity funds the project cost of de-
sign, construction, management and inspection for the repair, alter-
ation, and modernization of existing real estate assets in addition
to various special programs.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $974,708,000 to re-
main available until expended for repairs and alterations.
Major Repairs and Alterations.—The Committee recommends
$475,911,000 for repairs and alterations projects that exceed the
prospectus threshold. The funds are provided to address GSA’s
highest priority facility needs as detailed in the budget submission.
Multiple ............ National Conveying Systems ................................. $63,198,000
NCR .................. Fire Alarm Systems ............................................... $81,125,000
NY ..................... Alexander Hamilton U.S. Courthouse .................. $68,497,000
PA ..................... James A. Byrne U.S. Courthouse .......................... $83,955,000
GA ..................... Sam Nunn Atlanta Federal Center ....................... $72,015,000
MT ..................... Mike Mansfield Federal Building and U.S. $25,792,000
Courthouse.
CA ..................... San Francisco Federal Building ............................ $15,687,000
VT ..................... Federal Building U.S. Post Office and Court- $17,978,000
house.
CO ..................... Denver Federal Center Infrastructure ................. $47,664,000
Basic Repairs and Alterations.—The Committee recommends
$398,797,000 for non-recurring repairs and alterations projects be-
tween $10,000 and the current prospectus threshold of $3,095,000.
Within this amount the Committee directs GSA to fund $3,000,000
in repairs to the water feature at the Wilkie D. Ferguson Jr. U.S.
Courthouse in Miami, FL.
Special Emphasis Programs.—The Committee recommends
$100,000,000 for special emphasis programs. This funding includes:
Consolidation Activities ..................................................................... $20,000,000
Climate and Resilience ...................................................................... $30,000,000
Fire Protection and Life Safety Program ......................................... $20,000,000
Judicial Capital Security Program .................................................... $20,000,000
Seismic Mitigation Program .............................................................. $10,000,000
RENTAL OF SPACE
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2022 ..................................... $5,665,148,000
Limitation on availability, budget request, fiscal year 2023 .......... 5,645,680,000
Recommended in the bill ................................................................... 5,596,008,000
Bill compared with:
Availability limitation, fiscal year 2022 .................................... ¥69,140,000
Availability limitation, fiscal year 2023 request ...................... ¥49,672,000
The rental of space program funds lease payments made to pri-
vately-owned buildings, temporary space for Federal employees
during major repair and alteration projects, and relocations from
Federal buildings due to forced moves and relocations as a result
of health and safety conditions.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $5,596,008,000 for
rental of space. The Committee expects GSA to continue its efforts
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to reduce its leased inventory.
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BUILDING OPERATIONS
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2022 ..................................... $2,796,000,000
Limitation on availability, budget request, fiscal year 2023 .......... 2,992,381,000
Recommended in the bill ................................................................... 2,952,381,000
Bill compared with:
Availability limitation, fiscal year 2022 .................................... +156,381,000
Availability limitation, fiscal year 2023 request ...................... ¥40,000,000
The building operations account funds services that Federal
agencies in GSA-owned buildings and occasionally in GSA-leased
buildings, when not provided by the lessor, directly benefit from,
such as building security; cleaning; utilities; window washing; snow
removal; pest control; and maintenance of heating, air conditioning,
ventilating, plumbing, sewage, electrical, elevator, escalator, and
fire protection systems. In addition, this account funds all the per-
sonnel and administrative expenses for carrying out construction
and acquisition, repair and alteration, and leasing activities.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $2,952,381,000 for
building operations and maintenance. Not later than 60 days after
enactment of this Act, the Administrator shall submit to the Com-
mittee a spend plan, by region, regarding the use of these funds.
GENERAL ACTIVITIES
GOVERNMENT-WIDE POLICY
Appropriation, fiscal year 2022 ......................................................... $68,720,000
Budget request, fiscal year 2023 ....................................................... 70,354,000
Recommended in the bill ................................................................... 71,186,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +2,466,000
Budget request, fiscal year 2023 ................................................ 832,000
The Office of Government-Wide Policy provides Federal agencies
with guidelines, best practices, and performance measures for com-
plying with all the laws, regulations, and executive orders related
to acquisition and procurement, personal and real property man-
agement, travel and transportation management, electronic cus-
tomer service delivery, and use of Federal advisory committees.
COMMITTEE RECOMMENDATION
The Committee recommends $71,186,000 for Government-wide
Policy.
Building Design.—The Committee recognizes the importance of
mitigating bird deaths due to collisions, and encourages the incor-
poration of materials and design features for each public building
constructed, acquired, or altered by GSA to have at least 90 per-
cent of the faade material from ground level to 40 feet not be com-
posed of glass or employ one or more of the following: (a) elements
mounted outside the glass that eliminate reflectivity; (b) UV pat-
terned glass; (c) patterned glass which restricts horizontal spaces
to less than 2′′ high or vertical spaces less than 4′′ wide; and (d)
opaque, etched, stained, or frosted glass. The Committee recognizes
that with the increase in local and state bird-friendly building ordi-
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nances and guidelines in states such as California and Minnesota
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that there is an increasing need for a uniform minimum Federal
standard.
Green Building Certification.—The Committee recognizes the im-
portance of incorporating energy and water efficiency in con-
structing, modernizing, and operating Federal facilities to save tax-
payer money and meet Federal goals. The GSA is encouraged to
build on its successful track record of using green building certifi-
cation on construction projects by utilizing certification or recertifi-
cation of existing buildings to ensure continued focus on excellence
in performance operations. The Committee encourages GSA to en-
gage its staff and contractors through competitions and awards as
appropriate.
First Aid Kit Enhancements.—The Committee is aware that first
aid products endorsed by the Department of Defense’s Committee
on Tactical Combat Casualty Care (CoTCC) help to reduce death
or trauma as a result of bleeding. To improve outcomes in crisis sit-
uations, the Committee encourages GSA to consult with CoTCC
and determine whether it is appropriate to incorporate CoTCC-ap-
proved items in first aid kits in Federal buildings, Federal court-
houses, and Federal law enforcement vehicles.
Health Metrics.—The GSA has developed expertise and con-
ducted original research into aspects of healthy buildings. The
Committee recognizes the importance and value of such Federal
knowledge and encourages the agency to continue these activities
and to expand its work to incorporating practical metrics to its
owned and managed portfolio to support health, wellness, and pro-
ductivity of the Federal workforce and civilian visitors.
City-Pair Program.—GSA is charged with implementing the Fly
America Act, P.L. 93–623, which is accomplished through the City-
Pair Program. This Act requires travel paid for by the U.S. Govern-
ment to be conducted by U.S. air carriers as defined by 49 U.S.C.
41102. The Committee is concerned that GSA has awarded long-
haul international travel contracts to U.S. air carriers that do not
have aircraft of sufficient range and payload capable of performing
each segment of the awarded transportation in a commercially rea-
sonable manner. The Committee encourages GSA to not award a
city-pair contract through the City-Pair Program to a Federal Avia-
tion Administration certificated air carrier that does not have air-
craft capable of operating each nonstop segment on the proposed
city pair routing, that is not enrolled in the Department of Defense
Civil Reserve Air Fleet program section corresponding to the routes
for which it receives awards, and whose city-pair award revenue
does not substantially benefit U.S. air carriers and U.S. air carrier
employees. The Committee looks forward to receiving the report re-
quired by House Report 117–79 on the City-Pairs program as soon
as possible.
Funding for the Office of Federal High-Performance Green Build-
ings.—Within the amount provided for Government-wide Policy,
the Committee directs GSA to reserve $1,500,000 for staffing re-
sources for GSA to create a ‘‘library of buildings’’ comprised of a
representative group of ‘‘typical’’ as-built projects to establish base-
line embodied carbon through whole building life cycle assessments
(WBLCAs) for government construction projects. Using standard-
based metrics from Life Cycle Inventory (LCI) (based on current
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life-cycle databases housed in the inter-agency LCA Commons and
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other LCA repositories) and a set of standard-based WBLCA prac-
tices, GSA will analyze and evaluate existing buildings to assess
their holistic embodied carbon levels. The data would be made ac-
cessible to the public on the LCA Commons and inform future pol-
icy direction on reductions below the baselines to maximize carbon
reduction in the federal buildings.
Funding for the Office of Federal High-Performance Green Build-
ings.—The fiscal year 2023 budget request includes proposed
spending of $1,900,000 to support implementation of the Office of
Federal High-Performance Green Buildings initiatives in fiscal
years 2022 and 2023, including initiatives for building
decarbonization planning, development of a policy roadmap, and
substantial energy savings and decreased operating expenses in
federal buildings. The Committee supports this spending priority.
System for Award Management.—As GSA undertakes it Systems
for Award Management (SAM) modernization efforts, the Com-
mittee expects GSA to make anti-fraud measures a priority. The
Committee directs GSA to submit a report within 180 days of en-
actment of this Act on its progress to modernize SAM including the
anti-fraud screening processes and tools.
Improving Building Resiliency.—The Committee remains con-
cerned that increasingly destructive natural catastrophes are occur-
ring with greater frequency, and are equally devastating to federal
assets as they are to property owned by individuals, businesses,
and communities. Individuals, businesses, and communities are im-
pacted by catastrophes on an increasingly frequent basis. These
events impact federal infrastructure in exactly the same way. The
Federal government could potentially save hundreds of millions in
future disaster recovery spending by requiring that federally-
owned, constructed, or altered buildings meet or exceed better
building codes and defensible space requirements. House Report
117–79 directed GSA to establish uniform minimum Federal resil-
iency and sustainability standards for federal buildings and to pro-
mulgate rules or issue guidance to require that every public build-
ing constructed, acquired, or altered by GSA conform to such stand-
ards. Within 180 days of enactment of this Act, GSA is directed to
produce a report on progress it has made relative to this directive.
Integrated Project Delivery.—The Committee is aware that Inte-
grated Project Delivery (IPD) is a construction delivery method
that integrates project teams across agencies, designers, builders,
and owners, and building trades, which can lead to significant
project delivery efficiencies. The Committee understands that there
are Federal procurement laws and policies that prohibit the Fed-
eral government from maximizing the use of IPDs in Federal con-
struction projects. The Committee directs GSA to analyze the effec-
tiveness of IPD in delivering large construction projects including
the timeliness of project delivery and any cost efficiencies. GSA
shall report to the Committee within one year of enactment of this
Act on its findings and include any recommended legislative or pol-
icy changes that would be necessary to maximize the use of IPDs
for Federal construction projects.
Department of Defense Software Factory.—The Committee en-
courages the General Services Administration to review and con-
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sider the Department of Defense Software Factory approach across
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federal civilian agencies to further accelerate adoption of modern
technology.
Multi-cloud Architecture.—Consistent with ongoing efforts di-
rected by Executive Order 14028, the Committee directs GSA to
work in concert with the Cybersecurity and Infrastructure Security
Agency (CISA), the National Institute on Standards and Tech-
nology (NIST), and United States Digital Service (USDS) to exam-
ine how multi-cloud architecture that allows for portability and
interoperability across multiple cloud vendors can be used to imple-
ment secure multi-cloud systems. GSA, CISA, NIST, and USDS
should jointly develop guidance for federal agencies to use multi-
cloud technology that allows for applications, data, and programs
to be portable and interoperable between public, private, and edge
cloud environments, which will yield additional efficiencies as well
as be effective in accelerating adoption of multi-could functionality
by the government.
OPERATING EXPENSES
Appropriation, fiscal year 2022 ......................................................... $52,540,000
Budget request, fiscal year 2023 ....................................................... 54,478,000
Recommended in the bill ................................................................... 54,478,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +1,938,000
Budget request, fiscal year 2023 ................................................ –––
This account provides appropriations for activities that are not
feasible for a user fee arrangement. Included under this heading
are personal property utilization and donation activities of the Fed-
eral Acquisition Service; real property utilization and disposal ac-
tivities of the PBS; select management and administration activi-
ties including support of government-wide emergency management
activities; and top-level, agency-wide management communication
activities.
COMMITTEE RECOMMENDATION
The Committee recommends $54,478,000 for operating expenses.
Within the amount provided, $29,092,000 is for Real and Personal
Property Management and Disposal and $25,386,000 is for the Of-
fice of the Administrator.
CIVILIAN BOARD OF CONTRACT APPEALS
Appropriation, fiscal year 2022 ......................................................... $9,580,000
Budget request, fiscal year 2023 ....................................................... 10,352,000
Recommended in the bill ................................................................... 10,352,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +772,000
Budget request, fiscal year 2023 ................................................ –––
This account provides appropriations for the Civilian Board of
Contract Appeals (CBCA). The CBCA is charged with facilitating
the prompt, efficient, and inexpensive resolution of disputes
through the use of alternate dispute resolution.
COMMITTEE RECOMMENDATION
The Committee recommends $10,352,000 for the Civilian Board
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of Contract Appeals.
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OFFICE OF INSPECTOR GENERAL
Appropriation, fiscal year 2022 ......................................................... $69,000,000
Budget request, fiscal year 2023 ....................................................... 74,583,000
Recommended in the bill ................................................................... 74,583,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +5,583,000
Budget request, fiscal year 2023 ................................................ –––
The GSA Office of Inspector General (GSA IG) provides agency-
wide audit and investigative functions to identify and correct GSA
management and administrative deficiencies that create conditions
for existing or potential instances of fraud, waste, and mismanage-
ment. The audit function provides internal and contract audits. In-
ternal 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. Con-
tract audits provide professional advice to GSA contracting officials
on accounting and financial matters relative to the negotiation,
award, administration, repricing, and settlement of contracts. The
investigative function provides for the detection and investigation
of improper and illegal activities involving GSA programs, per-
sonnel, and operations.
COMMITTEE RECOMMENDATION
The Committee recommends $74,583,000 for the GSA IG.
ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS
Appropriation, fiscal year 2022 ......................................................... $5,000,000
Budget request, fiscal year 2023 ....................................................... 5,200,000
Recommended in the bill ................................................................... 5,200,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +200,000
Budget request, fiscal year 2023 ................................................ –––
This appropriation provides pensions, office staff, and related ex-
penses for former Presidents Jimmy Carter, William Clinton,
George W. Bush, Barack Obama, and Donald Trump.
COMMITTEE RECOMMENDATION
The Committee recommends $5,200,000 for allowances and office
staff for former Presidents.
FEDERAL CITIZEN SERVICES FUND
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2022 ......................................................... $55,000,000
Budget request, fiscal year 2023 ....................................................... 115,784,000
Recommended in the bill ................................................................... 115,784,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +60,784,000
Budget request, fiscal year 2023 ................................................ –––
The Federal Citizen Services Fund provides for the salaries and
expenses of GSA’s Office of Citizen Services and Innovative Tech-
nologies. The Fund enables citizen access and engagement with
government through an array of operational programs and direct
citizen-facing services. The Fund also provides electronic or other
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methods of access to and understanding of Federal information,
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benefits, and services to citizens, businesses, local governments,
and the media.
COMMITTEE RECOMMENDATION
The Committee recommends $115,784,000 for the Federal Citizen
Services Fund. The Committee expects that the funds provided for
these activities, combined with efficiency gains and resource
prioritization, will result in increased delivery of information to the
public and the ease of transaction with the government.
Open Government.—The recommendation includes up to
$5,000,000 for implementation of the OPEN Government Data
Act’s (title II of the Foundations for Evidence-Based Policymaking
Act, Public Law 115–435) section 3511 requirements. Specifically,
these funds are used to support the establishment and mainte-
nance of a Federal Data Catalogue; assistance to Federal agencies
for implementation of the requirement of Comprehensive Data In-
ventories; and the establishment of an open data best practices on-
line repository, including additional personnel dedicated to oper-
ational and standards setting support functions.
Independent Login Services.—The Committee is monitoring
GSA’s efforts to prioritize common services and standards for login
and identity management across Federal agencies. The Committee
believes an open, competitive marketplace that provides citizen
choice at login is the best way to drive continuous innovation in
areas of access and security, best exemplified by recently developed
omni-channel verification pathways for those unable to verify iden-
tity via an automated process. Therefore, the Committee directs
GSA to promote government-wide policy that leverages portable
identity and multiple credentialed service providers (CSPs) inde-
pendently certified against the requisite National Institute of
Standards and Technology guidelines for the highest possible pass
rates, fraud prevention, and cost reduction.
TECHNOLOGY MODERNIZATION FUND
Appropriation, fiscal year 2022 ......................................................... –––
Budget request, fiscal year 2023 ....................................................... $300,000,000
Recommended in the bill ................................................................... 100,000,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +100,000,000
Budget request, fiscal year 2023 ................................................ ¥200,000,000
This account provides appropriations for the Technology Mod-
ernization Fund (TMF) which is a full cost recovery fund that fi-
nances the transition of IT systems for Federal agencies to modern
IT platforms.
COMMITTEE RECOMMENDATION
The Committee recommends $100,000,000 for the TMF. The
Committee encourages GSA and the TMF Board to prioritize and
fund those projects that have the most significant impact on mis-
sion enhancement and that most effectively modernize citizen-fac-
ing services, including updating public facing websites, modern-
izing forms, and digitizing government processes.
Zero Trust Architecture.—The Committee supports the Federal
Government’s migration towards a zero trust architecture (ZTA),
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which is essential to improving the nation’s cybersecurity in the
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face of increasingly sophisticated and persistent cyber threats. The
Committee also recognizes that different agencies have varying ca-
pacities and resources to put towards ZTA migration. Certain agen-
cies may require greater supplementary funding assistance in sus-
taining the technology modernization investments required for the
transition to Zero Trust Architecture. GSA’s TMF is potentially a
key source of supplementary funding to help agencies overcome
budgetary constraints to support ZTA migration, fulfill information
technology modernization projects, and address other urgent cyber-
security needs.
ASSET PROCEEDS AND SPACE MANAGEMENT FUND
Appropriation, fiscal year 2022 ......................................................... $4,000,000
Budget request, fiscal year 2023 ....................................................... 16,000,000
Recommended in the bill ................................................................... 7,000,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +3,000,000
Budget request, fiscal year 2023 ................................................ ¥9,000,000
This account provides appropriations for the purposes of carrying
out actions pursuant to the recommendations of the Public Build-
ings Reform Board consistent with Public Law 114–287.
COMMITTEE RECOMMENDATION
The Committee recommends $7,000,000 for the Asset Proceeds
and Space Management Fund.
WORKING CAPITAL FUND
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2022 ......................................................... $4,000,000
Budget request, fiscal year 2023 ....................................................... 10,900,000
Recommended in the bill ................................................................... 10,900,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +6,900,000
Budget request, fiscal year 2023 ................................................ –––
This account is a revolving fund that finances GSA’s administra-
tive services. Examples of these core support services include: IT
management; budget and financial management; legal services;
human resources; equal employment opportunity services; procure-
ment and contracting oversight; emergency planning and response;
and facilities management of GSA-occupied space. WCF offices also
provide external administrative services such as human resource
management for other Federal agencies, including small boards
and commissions on a reimbursable basis
COMMITTEE RECOMMENDATION
The Committee recommends $10,900,000 for the Working Capital
Fund.
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ELECTRIC VEHICLES FUND
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2022 ......................................................... –––
Budget request, fiscal year 2023 ....................................................... $300,000,000
Recommended in the bill ................................................................... 100,000,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +100,000,000
Budget request, fiscal year 2023 ................................................ ¥200,000,000
This appropriation provides funding to support electrifying the
Federal fleet by providing the mechanism for GSA to procure zero
emission and electric vehicles and the associated charging infra-
structure on behalf of Federal agencies.
COMMITTEE RECOMMENDATION
The Committee recommends $100,000,000 for the procurement of
zero emission and electric passenger motor vehicles and the associ-
ated charging infrastructure.
Electric Vehicles Transition.—The Committee recognizes that
commercial automobile manufacturers are moving towards having
fully electrical fleets. GSA must have a strategy for how they plan
to have all covered nontactical vehicles purchased or leased by or
for the use of the Department of Defense that shall be (1) electric
or zero emission vehicles; and (2) use a charging connector type (or
other means to transmit electricity to the vehicle) that meets appli-
cable industry accepted standards for interoperability and safety.
Within 180 days of enactment of this Act, the Committee directs
GSA to provide a report to Congress that includes the resources
needed, the planning required, and any potential problems that
would need to be addressed in order to meet this goal.
Electric Vehicle Charging Infrastructure.—The Committee is con-
cerned that electric vehicle supply equipment purchased by the
Federal government is not being made available for personally
owned vehicles. The Committee directs GSA to encourage all other
Federal agencies to exercise their authority granted under the Fix-
ing America’s Surface Transportation (FAST) Act (P.L. 114–94) and
support the goals of the Infrastructure Investment and Jobs Act
(P.L. 117–58) by allowing the use of electric vehicle charging infra-
structure by all vehicles accessing federal properties.
ADMINISTRATIVE PROVISIONS—GENERAL SERVICES ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
Section 520. The Committee continues a provision providing au-
thority for the use of funds for the hire of motor vehicles.
Section 521. The Committee continues a provision providing that
funds made available for activities of the Federal Buildings Fund
may be transferred between appropriations with advance approval
of the Committees on Appropriations of the House and the Senate.
Section 522. The Committee continues a provision requiring
funds proposed for developing courthouse construction requests to
meet appropriate standards and the priorities of the Judicial Con-
ference.
Section 523. The Committee continues a provision providing that
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no funds may be used to increase the amount of occupiable square
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feet, provide cleaning services, security enhancements, or any other
service usually provided, to any agency which does not pay the as-
sessed rent.
Section 524. The Committee continues a provision that permits
GSA to pay small claims (up to $250,000) made against the Federal
government.
Section 525. The Committee continues a provision requiring the
Administrator to ensure that the delineated area of procurement
for all lease agreements is identical to the delineated area included
in the prospectus unless prior notice is given to the committees of
jurisdiction.
Section 526. The Committee continues a provision requiring a
spend plan for certain accounts and programs.
Section 527. The Committee includes a new provision that pro-
hibits the use of any previously appropriated funds for a new FBI
headquarters that does not comply with certain requirements.
Section 528. The Committee includes a new provision prohibiting
the use of funds for any contracts inconsistent with the Brooks Act
and part 36.6 of the Federal Acquisition Regulation.
Section 529. The Committee includes a new provision prohibiting
the use of funds for any Executive Order that would establish a
preferred architectural style for Federal buildings and courthouses
or would conflict with existing GSA architectural guidelines.
HARRY S TRUMAN SCHOLARSHIP FOUNDATION
SALARIES AND EXPENSES
Appropriation, fiscal year 2022 ......................................................... $2,500,000
Budget request, fiscal year 2023 ....................................................... –––
Recommended in the bill ................................................................... 2,500,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. –––
Budget request, fiscal year 2023 ................................................ +2,500,000
The Harry S Truman Scholarship Foundation is an independent
agency established by Congress in 1975 (Public Law 93–642) to en-
courage 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 serv-
ice.
COMMITTEE RECOMMENDATION
The Committee recommends $2,500,000 for the Harry S Truman
Scholarship Foundation.
MERIT SYSTEMS PROTECTION BOARD
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2022 ......................................................... $48,170,000
Budget request, fiscal year 2023 ....................................................... 53,484,000
Recommended in the bill ................................................................... 53,484,000
Bill compared with:
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Appropriation, fiscal year 2022 .................................................. +$5,314,000
Budget request, fiscal year 2023 ................................................ –––
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The Merit Systems Protection Board (MSPB) is an independent,
quasi-judicial agency established to protect the civil service merit
system. The MSPB adjudicates appeals primarily involving per-
sonnel actions, certain Federal employee complaints, and retire-
ment benefits issues. The MSPB reports to the President whether
merit systems are sufficiently free of prohibited employment prac-
tices.
COMMITTEE RECOMMENDATION
The Committee recommends $53,484,000 for the MSPB. The rec-
ommendation includes a transfer of $2,345,000 from the Civil Serv-
ice Retirement and Disability Fund.
MORRIS K. UDALL AND STEWART L. UDALL FOUNDATION
MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2022 ......................................................... $1,800,000
Budget request, fiscal year 2023 ....................................................... 1,800,000
Recommended in the bill ................................................................... 1,800,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. –––
Budget request, fiscal year 2023 ................................................ –––
The General Fund payment to the Morris K. Udall and Stewart
L. Udall Trust Fund is invested in Treasury securities with matu-
rities suitable to the needs of the Fund. Interest earnings from the
investments are used to carry out the activities of the Morris K.
Udall and Stewart L. Udall Foundation. The Foundation awards
scholarships, fellowships, and grants, and funds activities of the
Udall Center. The Foundation also supports training programs for
professionals in healthcare policy and public policy, such as the Na-
tive Nations Institute (NNI). NNI, based at the University of Ari-
zona, provides Native Americans with leadership and management
training and analyzes policies relevant to tribes.
COMMITTEE RECOMMENDATION
The Committee recommends $1,800,0000 for the Morris K. Udall
and Stewart L. Udall Trust Fund.
ENVIRONMENTAL DISPUTE RESOLUTION FUND
Appropriation, fiscal year 2022 ......................................................... $3,296,000
Budget request, fiscal year 2023 ....................................................... 3,943,000
Recommended in the bill ................................................................... 3,943,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +647,000
Budget request, fiscal year 2023 ................................................ –––
The U.S. Institute for Environmental Conflict Resolution is a
Federal program established by Public Law 105–156 to assist par-
ties in resolving environmental, natural resource, and public lands
conflicts. The Institute is part of the Morris K. Udall and Stewart
L. Udall Foundation and serves as an impartial, nonpartisan insti-
tution providing professional expertise, services, and resources to
all parties involved in such disputes. The Institute helps parties de-
termine whether collaborative problem solving is appropriate for
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specific environmental conflicts, how and when to bring all the par-
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ties 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 Insti-
tute maintains a roster of qualified facilitators and mediators with
substantial experience in environmental conflict resolution and can
help parties in selecting an appropriate neutral professional.
COMMITTEE RECOMMENDATION
The Committee recommends $3,943,000 for the Environmental
Dispute Resolution Fund.
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
OPERATING EXPENSES
Appropriation, fiscal year 2022 ......................................................... $388,310,000
Budget request, fiscal year 2023 ....................................................... 426,520,000
Recommended in the bill ................................................................... 427,520,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +39,210,000
Budget request, fiscal year 2023 ................................................ +1,000,000
The National Archives and Records Administration (NARA) is an
independent agency established in 1934 to identify, access, protect,
preserve, and make available for use the important documents and
records of all three branches of the Federal government. Today,
NARA’s responsibilities also include publishing the Federal Reg-
ister, mediating Freedom of Information Act disputes, and coordi-
nating controlled unclassified information.
COMMITTEE RECOMMENDATION
The Committee recommends $427,520,000 for NARA to support
basic operations, services to the public, operation of Public Librar-
ies, and declassification review. Of this amount, up to $2,000,000
is available until expended to implement the Civil Rights Cold
Case Records Collection Act of 2018.
The Committee recommendation supports NARA’s work related
to the Electronic Records Initiative, mass digitization, preservation
of archival electronic records, cybersecurity, and increased access to
records that document the history of underserved and underrep-
resented communities in America.
NARA is directed to provide to the Committee, within 90 days of
enactment of this Act, comprehensive financial projections—includ-
ing revenue and operational cost estimates—for the Federal
Records Centers Program for the next five years and legislative
recommendations for the future of the program.
Records Backlog.—The Committee notes ongoing Congressional
concerns over the backlog in processing of records requests at the
National Personnel Records Center (NPRC) in St. Louis, Missouri,
despite the provision of $50 million in emergency funding for the
Records Center Revolving Fund in the Consolidated Appropriations
Act, 2021 (P.L. 116–260). Records at the NPRC are required for
veterans to receive COVID–19 vaccinations from the Department of
Veterans Affairs (VA), G.I. Bill education benefits, VA loans, med-
ical benefits, burial benefits, disability compensation, and other im-
portant services, but the backlog has grown to more than 500,000
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records as a result of the COVID–19 pandemic’s impact on NPRC
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operating hours and staffing levels. The Committee expects NARA
to restore the NPRC to full operational capacity as quickly as fea-
sible, to continue to use its emergency funding expeditiously to
streamline operations and reduce the records backlog, and to con-
tinue to prioritize critical veterans records. The Committee directs
NARA to provide quarterly reports detailing obligations and
planned spending for this emergency funding, the current status of
the backlog and an estimate for when it will be fully cleared, and
lessons learned about NPRC operations as a result of the pandemic
and recommendations for future improvements.
WWI Medals Reviews.—The Committee recognizes the efforts by
the WWI Valor Medals Review Task Force to research those
servicemembers not receiving the Medal of Honor—but downgraded
due to racial and religious bias to the Distinguished Service Cross
and/or the Navy Cross—and strongly encourages NARA to support
the efforts to submit Medal of Honor nominations to the appro-
priate Secretary for review.
Transition to Electronic Records.—The Committee supports ef-
forts by OMB and NARA to implement the government’s transition
to electronic records, including the issuance of OMB NARA Memo-
randum M–19–21. M–19–21 provides that all Federal agencies
must transfer their permanent records to NARA in electronic for-
mat and that all temporary records should utilize commercial
records storage facilities. The Committee is aware that the
COVID–19 pandemic created obstacles for NARA and the Federal
agencies, including multiple backlogs for records requests, but the
Committee continues to support the prompt implementation of M–
19–21 and urges NARA to work with agencies to minimize any
delays to the deadlines specified in M–19–21.
Seattle Archives and Records Center.—The Committee notes that
OMB has withdrawn its approval for the sale of the Federal Ar-
chives and Records Center in Seattle, pending further consultation
with local stakeholders. As OMB notes, ‘‘the process that led to the
decision to approve the sale of the Federal Archives and Records
Center is contrary to this Administration’s tribal-consultation pol-
icy.’’ The Committee urges NARA to continue to engage with Tribal
members and other stakeholders so that NARA is fully informed
about the actions necessary to maintain ongoing access to the
records stored at the facility.
Public Access to Records.—The Committee supports NARA’s in-
creasing use of digital methods to improve the efficiency of its
interactions with the public, including pre-visit consultations and
pre-ordering of records. However, the Committee is concerned
about reductions in research services staff, hours of operation, and
the number of documents available daily for research, as well as
aging equipment related to these services. Those cuts may harm
veterans in documenting their requests for critically needed bene-
fits and burden educators, historians, lawyers, students, govern-
ment agencies, and other who use NARA’s research rooms. As pan-
demic-related restrictions are lifted, the Committee expects NARA
to restore access to public research rooms, improve and streamline
access to critical records, and take steps to reduce research back-
logs. The Committee directs NARA to provide a report, within 60
days of enactment of this Act, on its actions to increase access and
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services in its public research rooms and assess potential changes
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to its hours of operation, staffing, equipment, and digitization capa-
bilities that might improve its ability to serve the public, including
lessons learned from the impact of COVID–19 on its research room
services.
OFFICE OF INSPECTOR GENERAL
Appropriation, fiscal year 2022 ......................................................... $4,968,000
Budget request, fiscal year 2023 ....................................................... 5,980,000
Recommended in the bill ................................................................... 5,980,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +1,012,000
Budget request, fiscal year 2023 ................................................ –––
The NARA Office of Inspector General (OIG) provides audits and
investigations and serves as an independent, internal advocate to
promote economy, efficiency, and effectiveness within NARA.
COMMITTEE RECOMMENDATION
The Committee recommends $5,980,000 for the NARA OIG.
REPAIRS AND RESTORATION
Appropriation, fiscal year 2022 ......................................................... $71,000,000
Budget request, fiscal year 2023 ....................................................... 7,500,000
Recommended in the bill ................................................................... 7,500,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. ¥63,500,000
Budget request, fiscal year 2023 ................................................ –––
The NARA Repairs and Restoration account provides for the re-
pair, alteration, and improvement of Archives facilities and Presi-
dential libraries nationwide. It enables NARA to maintain its facili-
ties in proper condition for visitors, researchers, and employees, as
well as to ensure the structural integrity of its buildings.
COMMITTEE RECOMMENDATION
The Committee recommends $7,500,000 for Repairs and Restora-
tion.
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION
GRANTS PROGRAM
Appropriation, fiscal year 2022 ......................................................... $7,000,000
Budget request, fiscal year 2023 ....................................................... 9,500,000
Recommended in the bill ................................................................... 9,500,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +2,500,000
Budget request, fiscal year 2023 ................................................ –––
The National Historical Publications and Records Commission
(NHPRC) program provides for grants to preserve and publish
records that document American history. Administered within
NARA, the NHPRC helps State, local, and private institutions pre-
serve non-Federal records; helps historical organizations publish
the papers of major figures in American history; and helps archi-
vists and records managers improve their techniques, training, and
ability to serve a range of information users.
COMMITTEE RECOMMENDATION
The Committee recommends $9,500,000 for NHPRC grants. The
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Committee supports the use of $3,000,000 of this funding to imple-
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ment a new grants program to preserve and digitize the records of
the creation of Historically Black Colleges and Universities.
ADMINISTRATIVE PROVISION—NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
Section 530. The Committee includes a new provision providing
funds for initiatives related to the preserving and publishing of his-
torical records, to be awarded as follows:
Recipient Project Amount
Pimeria Alta Historical Society & Museum, Pimeria Alta Historical Society & Museum’s Ar- $325,000
Nogales, AZ. chive Project.
Our Lives Media Inc., Madison, WI ......................... Our Lives Media—Dick Wagner Memorial Grant; $250,000
WI’s First-In-The-Nation Gay Rights Law (1982)
Book and Archive.
North Carolina Department of Natural and Cul- America250 Primary Source Sets ............................ $142,000
tural Resources, Raleigh, NC.
Long Island University, Brookville, NY .................... Exploring American Presidential Stories ................. $149,500
U.S. Capitol Historical Society, Washington, DC .... Capitol History and Civics Digital Resource Devel- $465,000
opment Project.
NATIONAL CREDIT UNION ADMINISTRATION
COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
Appropriation, fiscal year 2022 ......................................................... $1,545,000
Budget request, fiscal year 2023 ....................................................... 4,000,000
Recommended in the bill ................................................................... 4,000,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +2,455,000
Budget request, fiscal year 2023 ................................................ –––
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 nor-
mally repaid in five years, although shorter repayment periods may
be considered. Technical assistance grants are also available to
low-income credit unions. Earnings generated from the CDRLF are
available to fund technical assistance grants in addition to funds
provided for in appropriations acts. Grants are available for im-
proving operations as well as addressing safety and soundness
issues.
COMMITTEE RECOMMENDATION
The Committee recommends $4,000,000 for the National Credit
Union Administration’s (NCUA) CDRLF for technical assistance
grants. The Committee continues to support NCUA’s policy of
prioritizing access to such grants by minority depository institu-
tions and credit unions with less than $100 million in assets and
encourages NCUA to allocate no less than 40 percent of appro-
priated CDRLF funds to support MDI credit unions.
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OFFICE OF GOVERNMENT ETHICS
SALARIES AND EXPENSES
Appropriation, fiscal year 2022 ......................................................... $19,158,000
Budget request, fiscal year 2023 ....................................................... 22,400,000
Recommended in the bill ................................................................... 25,400,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +6,242,000
Budget request, fiscal year 2023 ................................................ +3,000,000
The Office of Government Ethics (OGE), established by the Eth-
ics in Government Act of 1978, partners with other executive
branch Departments and agencies to foster high ethical standards.
OGE issues and monitors rules, regulations, and memoranda per-
taining to the prevention and resolution of conflicts of interest,
post-employment restrictions, standards of conduct, and financial
disclosure for executive branch employees. OGE is also responsible
for creating and running an electronic financial disclosure system
under the Stop Trading on Congressional Knowledge (STOCK) Act.
COMMITTEE RECOMMENDATION
The Committee recommends $25,400,000 for the OGE. The Com-
mittee includes $3,000,000 above the budget request for OGE relo-
cation expenses.
Administration Officials.—The Committee notes that Cabinet
members are subject to criminal conflict of interest laws and that
OGE Letter 83x16 (Oct. 20, 1983) recommends that, as a matter
of policy, the President and the Vice President should conduct
themselves as if they were so bound. In addition, under federal ac-
quisition regulations, Government employees generally cannot re-
ceive Federal contracts. The Committee expects that these laws
and regulations have the effect of preventing, in almost all the
cases, the President, Vice President, and Cabinet members from
contracting with the Federal government.
OFFICE OF PERSONNEL MANAGEMENT
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF TRUST FUNDS)
Appropriation, fiscal year 2022 ......................................................... $339,648,000
Budget request, fiscal year 2023 ....................................................... 415,578,000
Recommended in the bill ................................................................... 410,578,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +70,930,000
Budget request, fiscal year 2023 ................................................ ¥5,000,000
The Office of Personnel Management (OPM) is the Federal agen-
cy responsible for management of Federal human resources policy
and oversight of the merit civil service system. OPM provides a
government-wide policy framework for personnel matters, advises
and assists agencies (often on a reimbursable basis), and ensures
that agency operations are consistent with requirements of law.
OPM oversees the examination of applicants for employment;
issues regulations and policies on hiring, classification and pay,
training, and investigations; and manages many other aspects of
personnel management. The agency also operates a reimbursable
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training program for the Federal government’s managers and ex-
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ecutives. In addition, OPM is responsible for administering the re-
tirement, health benefits, and life insurance programs covering
most Federal employees, retired Federal employees, and their sur-
vivors.
COMMITTEE RECOMMENDATION
The Committee recommends $220,262,000 for OPM’s General
Fund. The Committee also recommends $190,316,000 for adminis-
trative expenses to be transferred from the appropriate trust funds.
The increase of $70,930,000 is provided to strengthen OPM’s work-
force so that it can better lead and administer Federal personnel
policies and guidance. Additionally, the funds support OPM’s IT
modernization effort of the Trust Fund Federal Financial System
that supports $1 trillion in combined assets for the retirement,
health benefits, and life insurance programs for Federal employees.
The Committee strongly encourages OPM to address key rec-
ommendations in the Congressionally mandated report by a panel
of the National Academy of Public Administration, Elevating
Human Capital: Reframing the U.S. Office of Personnel Manage-
ment’s Leadership Imperative, and looks forward to working with
OPM on the implementation of these recommendations.
The Committee reminds OPM of its obligation to engage in prior
consultation with and notify the Committee of any reorganizations,
restructurings, new programs, or elimination of programs as de-
scribed in title VI of this Act.
Responsiveness to Congress.—The Committee recognizes the need
to increase the number of advocates working in OPM’s Congres-
sional Legislative and Intergovernmental Affairs (CLIA) office. Ad-
ditional staff are needed to interact with Congress and State, local,
and Tribal officials on Federal human resources management pol-
icy. CLIA personnel are vital to address and resolve constituent
and human resource issues and the Committee encourages OPM to
increase its support for CLIA advocates.
Strengthening the Federal Workforce.—The President’s Manage-
ment Agenda embraces the opportunity to rethink workforce plan-
ning and management with a focus on strengthening and empow-
ering the Federal workforce. This multi-year strategy includes
dedicated investments to attract and hire the most qualified em-
ployees including developing a diverse and competent workforce,
improve Federal hiring processing, and identify human capital
needs of the Federal workforce. OPM is well positioned to assist
and coordinate with the Administration and Federal agencies to
meet these initiatives.
Federal Employee Hiring.—The Committee encourages OPM and
the Suitability Executive Agent to continue to review policies and
guidelines regarding hiring and firing of individuals who use mari-
juana in states where that individual’s private use of marijuana is
not prohibited under the law of the State. These policies should re-
flect updated changes to the law on marijuana usage and clearly
state the impact of marijuana usage on Federal employment. The
Committee encourages the Administration to apply these policies
with consistency and fairness.
Federal Government Recruiting Process.—The Committee is con-
cerned with the length of time it often takes the Federal govern-
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ment to hire qualified employees and directs OPM to continue to
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find ways to reduce barriers to Federal employment and reduce
delays in the hiring process. Rigid rules and long delays in the hir-
ing and interview process discourage top candidates from applying
for or accepting Federal positions. Specifically, the Committee en-
courages OPM to seek input from hiring managers on the type of
challenges they face, improvements that could be made to make the
Federal hiring process more efficient and effective, and which hir-
ing authorities they find most beneficial. As part of OPM’s mission
to recruit and hire the most talented and diverse Federal work-
force, the Committee encourages Federal agencies to increase re-
cruitment efforts within the United States and its territories and
at Hispanic Serving Institutions and Historically Black Colleges
and Universities.
Strategic Workforce Planning.—To better attract, retain, and de-
velop a Federal cyber workforce, OPM is directed to expand efforts
to educate Federal personnel responsible for hiring and admin-
istering Federal employee development programs on the benefits of
hiring authorities, compensation flexibilities, and employee devel-
opment and cyber development programs. The Committee is
pleased to provide robust funding for OPM to support these initia-
tives.
Workforce Diversity.—Congress looks forward to the report re-
quested in House Report 117–79 on Enhanced Federal Workforce
Diversity.
Transparency in Political Appointment Diversity.—The Com-
mittee recognizes and encourages new efforts to increase the diver-
sity of the Federal workforce, including political appointees. The
Committee also recognizes the need for data and transparency in
order to achieve a workforce that represents all segments of soci-
ety. The Committee directs OPM to report on aggregate data, on
a quarterly basis, on currently serving political appointees by cat-
egories such as gender, race, veteran status, and appointment type,
and grouped by agency where possible within 90 days after enact-
ment of this Act.
Non-Foreign Area Hiring.—The Committee continues to be con-
cerned that capable candidates may be dissuaded from applying for
or accepting Federal positions due to their unfamiliarity with the
Federal hiring portal, USAJOBS, and the Federal hiring process.
This is especially of concern in non-foreign areas, where Federal
agencies continue to struggle to recruit and retain employees.
Within one year of enactment of this Act, the Committee directs
OPM to provide a report to the Committee on the number of un-
filled Federal positions, any agency and applicant feedback on bar-
riers to applying for a Federal job, and community recruitment out-
reach efforts in the non-foreign areas.
Federal Wage System.—The Committee is concerned that some
General Schedule (GS) localities include several Federal Wage Sys-
tem areas, which creates pay increase disparities for hourly work-
ers within a GS locality. The Committee encourages OPM to ex-
plore limiting the number of local wage areas defined within a GS
Pay Locality to a single wage area.
Returning to Federal Employment.—Programs that support re-
entry into the workforce for those who have taken a leave of ab-
sence to care for a dependent are often referred to as returnships,
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return-to-work, and re-entry programs, and have been used in state
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governments and private industry to bolster the workforce. The
Committee directs OPM to assess the feasibility and potential ben-
efits of establishing returnship programs within the Federal gov-
ernment and report to the Committee no later than September 30,
2023. The feasibility study shall assess: (1) where returnship pro-
grams could be used to address the workforce needs and bolster the
knowledge and experience base of the federal workforce; (2) how
the programs would be structured and the estimated funding levels
to implement the programs; and (3) if and how returnship pro-
grams impact the diversity of the Federal workforce.
IT Modernization.—The Committee remains concerned with
OPM’s progress in improving its IT security and infrastructure,
and its efforts to implement GAO and OIG recommendations for
improving information security. The Committee looks forward to
receiving the report directed in House Report 117–79 on how
blockchain technology can help improve OPM’s IT security and in-
frastructure.
Telework.—The Committee directs OPM to brief the Committee
within 180 days after enactment of this Act on work productivity
during the pandemic and provide recommendations, and guidance
regarding Federal telework and remote work.
Military Buy Back Program.—The Committee directs OPM to
issue guidance requiring Federal agencies to notify within 90 days
any former active duty new hire that they qualify for the Military
Buy Back Program.
Federal Child Care Study.—The Committee directs OPM to con-
duct a study to analyze the current state of child care for the Fed-
eral workforce. The study should include an overview of the federal
child care landscape, and a detailed analysis of the availability of
child care programs in the ten largest Federal departments or
agencies, including employee utilization of and access to child care
programs. OPM is directed to brief the Committee on its findings
by September 30, 2023.
Bureau of Prisons Special Pay Incentive.—The Committee is
aware of the Bureau of Prisons (BOP) request to OPM to provide
a 25 percent special pay incentive to certain BOP facilities. To en-
sure the safety of staff and inmates, the Committee encourages
OPM to expedite and grant special pay incentives for BOP facilities
in which 10 percent or more of the total available positions are va-
cant, prioritizing facilities with the largest number of vacancies.
Bureau of Prison Retention Bonuses.—The Committee recognizes
that agencies have the authority to approve a retention incentive
without OPM approval for payments of up to 10 percent for a group
or category of employees. OPM approval is required for an agency
to exceed these limits, based on critical agency need. Under an
OPM retention incentive waiver, an agency could approve a reten-
tion incentive of up to 50 percent of basic pay. To ensure the safety
of staff and inmates, the Committee encourages OPM to expedite
and grant requests for group and category of employees incentive
payments above 10 percent for BOP facilities in which 10 percent
or more of the total available positions are vacant, prioritizing fa-
cilities with the largest number of vacancies.
Retirement Services.—The Committee is concerned with the
lengthy delays to process retirement and survivor claims and up-
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date health insurance benefits, as well as other critical changes
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that impact retirement benefits. These delays cause hardships for
Federal annuitants and their families. OPM is directed to brief the
Committee quarterly on OPM’s efforts and progress to reduce these
delays. OPM is directed to post on its website monthly reports indi-
cating the length of time it takes to process initial retirement
claims, applications for survivor benefits, annuitant health benefit
adjustments, and other FEHB and FEGLI adjustments. Addition-
ally, OPM is expected to keep the Committee informed on the
measures OPM is taking to decrease the processing delays and im-
prove customer service levels, including the average time it takes
a caller to reach an OPM operator and the number and percentage
of unanswered calls.
Centralized Enrollment.—As OPM works to develop the business
requirements for the new postal enrollment system, the Committee
encourages OPM to assess how these requirements can be applied
to enhance federal benefit enrollment and updates to the Federal
Employees Health Benefits Program, Federal Employees’ Group
Life Insurance Program, Federal Dental and Vision Insurance Pro-
gram, Federal Flexibility Spending Account Program, and any
other future offerings made available (e.g., voluntary benefits). The
Committee directs OPM to brief the Committee by September 30,
2023 on its findings.
Federal Financial Systems.—The Committee continues to support
OPM’s efforts to modernize and replace the Federal Financial Sys-
tems (FFS), which is the core centralized accounting system used
to manage OPM’s trust funds. OPM is directed to continue to brief
the Committee as outlined in House Report 116–456.
Quarterly Briefings on Modernization.—The Committee is con-
cerned with OPM’s modernization efforts and requests the continu-
ation of quarterly briefings to the Committees. Each briefing
should include the total IT modernization budget broken out by
project; obligations and unobligated balances by project; and the
progress, anticipated completion date, and significant concerns for
each project.
OPM IT Working Capital Fund.—In fiscal year 2022 OPM cre-
ated the Information Technology Working Capital Fund (IT–WCF)
utilizing the authority provided to Federal agencies by the Modern-
izing Government Technology Act (Public Law 115–91). The IT–
WCF provides sustained funding to improve and replace OPM’s leg-
acy systems and enhance their cybersecurity posture. Within 90
days after enactment of this Act, OPM is directed to brief the Com-
mittee on the IT–WCF’s balance, oversight and management, and
projects funded through the IT–WCF.
Value-based Contracting and Inclusion of Midwives and Birth
Centers.—The OPM is encouraged to evaluate participating plans
in the Federal Employee Health Benefits Program regarding in-
creasing the percent of services purchased through value-based
contracting versus fee for service, including services with midwives
and birth centers, as well as other healthcare services and brief the
Committee within six months of enactment of this Act.
Management Agenda Reminder.—The Committee is concerned
with the prior Administration’s efforts to override collective bar-
gaining agreements with Executive Agencies and reminds Federal
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agencies of the President’s Management Agenda that recognizes
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the importance of collective bargaining to employee morale and
mission effectiveness.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
Appropriation, fiscal year 2022 ......................................................... $33,233,000
Budget request, fiscal year 2023 ....................................................... 40,719,000
Recommended in the bill ................................................................... 37,719,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +4,486,000
Budget request, fiscal year 2023 ................................................ ¥3,000,000
This appropriation provides for the Office of Inspector General’s
(OIG) agency-wide audit, investigative, evaluation, and inspection
functions, which identify management and administrative defi-
ciencies, fraud, waste, and mismanagement. The OIG performs in-
ternal agency audits and insurance audits and offers contract audit
services. Internal audits review and evaluate all facets of agency
operations, including financial statements. Evaluation and inspec-
tion services provide detailed technical evaluations of agency oper-
ations. Insurance audits review the operations of health and life in-
surance carriers, health care providers, and insurance subscribers.
Contract auditors provide professional advice to agency contracting
officials on accounting and financial matters regarding the negotia-
tion, award, administration, repricing, and settlement of contracts.
The investigative function provides for the detection and investiga-
tion of improper and illegal activities involving programs, per-
sonnel, and operations.
COMMITTEE RECOMMENDATION
The Committee recommends a general fund appropriation of
$5,556,000 for the OIG. In addition, the recommendation includes
$32,163,000 from the appropriate trust funds.
OFFICE OF SPECIAL COUNSEL
SALARIES AND EXPENSES
Appropriation, fiscal year 2022 ......................................................... $30,385,000
Budget request, fiscal year 2023 ....................................................... 31,990,000
Recommended in the bill ................................................................... 31,990,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +1,605,000
Budget request, fiscal year 2023 ................................................ –––
The Office of Special Counsel (OSC): (1) investigates Federal em-
ployee allegations of prohibited personnel practices (including re-
prisal for whistleblowing) and, when appropriate, prosecutes before
the Merit Systems Protection Board; (2) provides a channel for
whistleblowing by Federal employees; and (3) enforces the Hatch
Act. The OSC may transmit whistleblower allegations to the agen-
cy head concerned and require an agency investigation and a report
to Congress and the President when appropriate. Additionally,
OSC is responsible for the enforcement of the civilian employment
and reemployment rights of military service members under the
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Uniformed Services Employment and Re-employment Rights Act.
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COMMITTEE RECOMMENDATION
The Committee recommends $31,990,000 for the OSC.
POSTAL REGULATORY COMMISSION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2022 ......................................................... $17,510,000
Budget request, fiscal year 2023 ....................................................... 20,300,000
Recommended in the bill ................................................................... –––
Bill compared with:
Appropriation, fiscal year 2022 .................................................. ¥17,510,000
Budget request, fiscal year 2023 ................................................ ¥20,300,000
The Postal Regulatory Commission (PRC) establishes and main-
tains the U.S. Postal Service’s ratemaking systems, measures serv-
ice and performance, ensures accountability, and has enforcement
mechanisms, including the authority to issue subpoenas.
The Postal Service Reform Act of 2022 (P.L. 117–108) removed
the PRC’s budget from the appropriations process.
Rate Increases for Market-Dominant Products.—The Committee
remains concerned about the size and timing of rate increases for
market-dominant products and looks forward to reviewing the re-
port to the Committee required by House Report 117–79 on how
factors such as higher package revenues and emergency funding
provided to the USPS should impact the rate increases proposed by
USPS and the PRC rules adopted in November 2020. The Com-
mittee urges the PRC to also assess the impacts of the Postal Serv-
ice Reform Act of 2022 (P.L. 117–108) in this analysis.
PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD
SALARIES AND EXPENSES
Appropriation, fiscal year 2022 ......................................................... $9,800,000
Budget request, fiscal year 2023 ....................................................... 10,700,000
Recommended in the bill ................................................................... 10,700,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +900,000
Budget request, fiscal year 2023 ................................................ –––
The Privacy and Civil Liberties Oversight Board (the Board) is
an independent agency within the Executive Branch whose purpose
is to (1) analyze and review actions the Executive Branch takes to
protect the nation from terrorism, ensuring that the need for such
actions is balanced with the need to protect privacy and civil lib-
erties; and (2) ensure that liberty concerns are appropriately con-
sidered in the development and implementation of laws, regula-
tions, and policies related to efforts to protect the nation against
terrorism. The Board consists of four part-time members and a full-
time chairman.
COMMITTEE RECOMMENDATION
The Committee recommends $10,700,000 for the Board.
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PUBLIC BUILDINGS REFORM BOARD
SALARIES AND EXPENSES
Appropriation, fiscal year 2022 ......................................................... $3,605,000
Budget request, fiscal year 2023 ....................................................... 4,000,000
Recommended in the bill ................................................................... 4,000,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +395,000
Budget request, fiscal year 2023 ................................................ –––
The Public Buildings Reform Board (Board) was created under
the Federal Assets Sale and Transfer Act of 2016 to identify oppor-
tunities for the Government to significantly reduce its inventory of
civilian real property and reduce cost to the Government.
COMMITTEE RECOMMENDATION
The Committee recommends $4,000,000 funds for the Board.
SECURITIES AND EXCHANGE COMMISSION
SALARIES AND EXPENSES
Appropriation, fiscal year 2022 ......................................................... $1,999,663,000
Budget request, fiscal year 2023 ....................................................... 2,206,405,000
Recommended in the bill ................................................................... 2,206,405,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +206,742,000
Budget request, fiscal year 2023 ................................................ –––
The primary mission of the Securities and Exchange Commission
(SEC) is to protect investors, maintain the integrity of the securi-
ties markets, and assure adequate information on the capital mar-
kets is made available to market participants and policymakers. To
facilitate this, the SEC monitors the capital markets, ensures full
disclosure of all appropriate financial information, regulates the
Nation’s securities markets, and takes action to prevent fraud and
malpractice in the securities and financial markets.
COMMITTEE RECOMMENDATION
The Committee recommends $2,149,000,000 for salaries and ex-
penses of the SEC, to be fully derived from offsetting fee collec-
tions. In addition, the Committee recommends $57,405,000 for
move, replication, and related costs associated with replacement
leases for the Commission’s District of Columbia headquarters fa-
cilities, also to be fully derived from offsetting fee collections. The
Committee understands that there may be additional costs associ-
ated with the San Francisco Regional Office replacement lease
which were not included in the fiscal year 2023 budget request.
The Committee expects the Commission to provide additional infor-
mation on these costs and to work closely with GSA on its replace-
ment leases and to keep the Committee informed of any notable de-
velopments. The Committee will take additional action as nec-
essary.
The Committee is concerned that too many small-dollar investors
lack access to high-quality legal advice and representation, either
because they cannot afford representation, or because their claims
are too small to obtain private counsel. There are currently 11 law
school clinics around the country focused on investor advocacy that
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have played a vital role in helping to fill this gap, but the lack of
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external funding makes it difficult for law schools to keep existing
clinics operating or open new clinics in underserved locations. In
House Report 116–122, the Committee asked the SEC for rec-
ommendations related to a potential grant program that could as-
sist in the creation, development, expansion, or continuation of in-
vestor advocacy clinics. The Committee looks forward to additional
discussions with the SEC about expanding the availability of high-
quality, low-cost legal assistance for small claims investors.
Consolidated Audit Trail.—Stakeholders have raised concerns
about the amount of personally identifiable information (PII) being
collected by the SEC and the self-regulatory organizations through
the Consolidated Audit Trail (CAT). The Committee supports the
actions taken by the SEC in Release No. 34–88393 to allow a CAT
Customer ID Alternative and a Modified PII approach that would
minimize the collection of PII and support the SEC’s policy to col-
lect only the ‘‘information sufficient to achieve regulatory objec-
tives.’’ The Committee urges the Commission to carefully monitor
its CAT policy and implementation to minimize risk to the PII of
system participants.
Data Security.—It is critically important to both investors and
the U.S. capital markets that the SEC fortify its cybersecurity
threat detection, response, and mitigation process. The SEC is col-
lecting an increasing amount of market-sensitive data and PII, in-
cluding through Form N–PORT and the CAT. As a repository for
sensitive market data and a likely target for those who wish to ma-
nipulate U.S. markets, the security of the CAT system and data is
paramount. The Committee strongly supports the SEC’s efforts to
strengthen and protect its information technology systems and sys-
tems it oversees maintained by the self-regulatory organizations,
including the CAT system and EDGAR (the Electronic Data Gath-
ering, Analysis, and Retrieval system). The Committee also strong-
ly urges the SEC, in its oversight of the Financial Industry Regu-
latory Authority, to ensure the CAT has adequate breach notifica-
tion policies in place so affected participants are promptly notified
of critical security events.
Economic Analysis and Comment Periods.—The Committee firm-
ly believes that robust economic analysis and stakeholder engage-
ment in the rulemaking process are not only required by law, but
also essential for effective SEC rulemaking, as they help ensure
that decisions to propose and adopt rules are informed by the best
available information about a rule’s likely economic and other con-
sequences. The Committee appreciates the SEC’s decision to reopen
rulemaking comment periods that were previously closed after only
30 days, including the rule titled, ‘‘Private Fund Advisers; Docu-
mentation of Registered Investment Compliance Reviews,’’ and en-
courages the SEC to extend comment periods to a length that is ap-
propriate for the complexity and potential impact of the rule. How-
ever, the Committee also strongly encourages the SEC to reconduct
the economic analysis for the Private Fund Advisers proposal to en-
sure the analysis adequately considers the disparate impact on
emerging minority and women-owned asset management firms, mi-
nority and women-owned businesses, and historically under-
invested communities. Doing so will not only improve the quality
of proposed rules, but also help to increase public confidence in the
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SEC’s regulatory process.
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Division of Economic and Risk Analysis (DERA).—The Com-
mittee is aware of the significant volume of proposals currently
being put forth by the SEC and supports the cost benefit analysis
process. In furtherance of this process, the Committee supports
DERA and its important work analyzing the impact of the Commis-
sion’s proposed regulations and expects DERA to be allocated suffi-
cient funding to ensure that the economic impact of proposed rules
is fully understood.
Prosecuting White Collar Criminals.—The Committee continues
to have concerns over the threats to economic growth, financial sta-
bility, and national security posed by white-collar crimes and di-
rects the SEC to work with the Department of Justice to prioritize
Federal prosecution of white-collar criminals, particularly in cases
of high-dollar crimes. The Committee again requests a report with-
in 90 days of enactment of this Act on the SEC’s prosecution efforts
involving white-collar crimes over the past year.
Rental Income Securitizations.—The Committee urges the SEC to
examine transparency and ratings requirements and procedures in
the rental income securitizations market for issues that might con-
tribute to financial or housing price instability.
E-Delivery.—The Committee supports efforts by the SEC to mod-
ernize how registered investment companies (including mutual
funds, closed-end funds, and exchange-traded funds), business de-
velopment companies, registered broker-dealers, registered advis-
ers, registered transfer agents, and certain other SEC-regulated en-
tities may satisfy their obligation to deliver regulatory documents
to investors under the Federal securities laws using electronic
means, or e-delivery, while delivering such information in paper via
U.S. mail to any shareholder who requests it. Such changes will
better satisfy investor preferences, reduce costs for investors, and
facilitate positive and more timely investor engagement. The Com-
mittee expects any action by the SEC to incorporate investor pro-
tections, including allowing those investors who prefer paper com-
munications to opt out of electronic delivery at any time and re-
ceive paper versions of documents.
Registered Index Linked Annuities.—The Committee is concerned
that the current registration process for registered index linked an-
nuities (RILAs) is cumbersome and requires significant information
not needed for other registered insurance products. The Committee
encourages the SEC to create a tailored filing form for RILAs.
Climate-Related Disclosures.—The Committee believes that effec-
tive climate risk mitigation and capital allocation requires a robust,
standardized climate disclosure framework, for both financial and
non-financial corporations. However, in the absence of inter-
national alignment on climate and broader environmental, social,
and governance (ESG) disclosures, a patchwork of standards across
jurisdictions may arise that will reduce the comparability and reli-
ability of information provided by companies and weaken the abil-
ity of financial market participants to make informed sustainable
investment decisions. The Committee encourages the SEC to lever-
age the recommendations of the Task Force on Climate-related Fi-
nancial Disclosures, along with other globally recognized standards,
to ensure better international alignment on climate-related disclo-
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sures.
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Climate Change Risks to Municipal Bond Markets.—The Com-
mittee directs the SEC to provide to the Committee, within 180
days of enactment of this Act, a report on the long- and short-term
risks that climate change may pose to the State and local munic-
ipal bond market.
Pre-Dispute Arbitration Contracts.—The Committee is concerned
about proliferation of mandatory pre-dispute arbitration contracts
by SEC-registered investment advisers. The Committee directs the
SEC to gather detailed information about how such contracts are
used by SEC-registered investment advisers and the effect such
contracts have on investors who are harmed by the conduct of ad-
visers. When such contracts are used, the SEC shall gather infor-
mation about whether a dispute resolution forum has been des-
ignated; whether particular forum rules are designated; whether a
venue is designated; whether a class action waiver is included;
whether there are limitations on claims that may be asserted or
damages that may be awarded; whether the contract includes any
fee shifting provision; whether any complaints have been filed
against the advisor in accordance with the contract; and whether
the firm has any arbitration awards or unpaid arbitration awards
in the last five years. The SEC is directed to provide a report to
the Committee and to the House Financial Services Committee
within 180 days of enactment of this Act.
Workplace Harassment Claims.—Shareholders and the public
should know whether corporations are expending company funds to
resolve, settle, or litigate claims of workplace harassment, includ-
ing sexual harassment. Investors may be dissuaded from investing
in companies that spend significant shareholder funds on resolving
harassment claims. The Committee directs the SEC to consider a
rulemaking addressing this issue, including, but not limited to, by
requiring the collection and reporting of data on annual 10–K
forms from any entity that is required to file such a disclosure on
the number of settlements reached, the number of judgments or
awards entered against the entity, and the aggregate amounts paid
in connection with any workplace harassment claim, without di-
vulging information that would compromise the privacy of a claim-
ant.
Workplace Diversity and Equity.—The Committee recognizes that
women and people of color continue to be underrepresented in cor-
porate leadership and face income discrimination throughout the
workforce. Research has demonstrated that companies with more
diverse leadership are more successful, and investors may seek to
weigh the diversity and pay equity of a company’s workforce in
making investment decisions. The Committee directs the SEC to
examine the prospect of requiring data on diversity and wage dis-
parities in annual 10-K filings and brief the Committee on its eval-
uation within 180 days of enactment of this Act.
Digital Assets.—The Committee recognizes that digital assets can
drive innovation in the financial services sector. New financial
products require clear pathways and regulatory structures for
stakeholders, developers, and investors. The Committee is con-
cerned that enforcement action in the absence of regulatory clarity
invokes confusion in the growing sector. The Committee encourages
the SEC to issue public guidance that promotes U.S.-based innova-
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tion.
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ADMINISTRATIVE PROVISION—SECURITIES AND EXCHANGE
COMMISSION
Section 540. The Committee includes a new provision restricting
the use of funds to implement certain rules relating to proxy solici-
tations.
SELECTIVE SERVICE SYSTEM
SALARIES AND EXPENSES
Appropriation, fiscal year 2022 ......................................................... $29,200,000
Budget request, fiscal year 2023 ....................................................... 29,700,000
Recommended in the bill ................................................................... 29,300,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +100,000
Budget request, fiscal year 2023 ................................................ ¥400,000
The Selective Service System was established by the Selective
Service Act of 1948. The mission of the System is to be prepared
to supply manpower to the Armed Forces adequate to ensure the
security of the United States during a time of national emergency.
Since 1973, the Armed Forces have relied on volunteers to fill mili-
tary manpower requirements, but selective service registration was
reinstituted in July 1980.
COMMITTEE RECOMMENDATION
The Committee recommends $29,300,000 for the Selective Serv-
ice System.
SMALL BUSINESS ADMINISTRATION
The Small Business Administration (SBA) assists and protects
the interests of small businesses through programs including loans,
loan guarantees, counseling, and contracting preferences.
The Committee recommends a total of $1,107,562,000 for SBA.
SALARIES AND EXPENSES
Appropriation, fiscal year 2022 ......................................................... $278,378,000
Budget request, fiscal year 2023 ....................................................... 346,257,000
Recommended in the bill ................................................................... 313,872,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +35,494,000
Budget request, fiscal year 2023 ................................................ ¥32,385,000
COMMITTEE RECOMMENDATION
The Committee recommends $313,872,000 for SBA Salaries and
Expenses.
The Committee supports SBA’s ongoing efforts to improve small
businesses’ awareness of SBA resources. The Committee rec-
ommends that SBA and its resource partners provide information
outlining federal tax benefits and resources related to child care
available to small business employers and employees. The Com-
mittee believes greater awareness and understanding of available
resources would help drive their increased utilization.
Center for Verification and Evaluation (CVE).—The recommenda-
tion includes $20,000,000, as requested, to support the transition
of the Center for Verification and Evaluation (CVE) from the De-
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partment of Veterans Affairs to SBA in fiscal year 2023. The CVE
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106
verifies veteran eligibility of firms owned by veteran-owned small
businesses and service-disabled veteran-owned small businesses.
The Committee will continue to work with SBA to ensure the agen-
cy has the resources necessary to successfully transition and sus-
tain this program.
Ensuring Fair Access to Capital.—The Committee strongly sup-
ports the President’s Executive Order, Advancing Racial Equity
and Support for Underserved Communities Throughout the Federal
Government, which demonstrates the Administration’s efforts to ad-
dress racial and socioeconomic disparities to ensure all entre-
preneurs have fair access to resources and opportunities. The Com-
mittee recognizes SBA’s important role in providing services dedi-
cated to small business owners and entrepreneurs, including entre-
preneurs of color. A lack of demographic data on the distribution
of Federally backed small business loans and grants impedes ef-
forts to measure and advance equity for women-owned and minor-
ity-owned firms. The Committee urges SBA to collect and make
publicly available data on loans provided to women-owned and mi-
nority-owned businesses, and to include racial and gender equity
analyses in reports to Congress on its lending programs.
8(a) Program Support.—The Committee supports the 8(a) Busi-
ness Development Program as a successful tool to assist small, dis-
advantaged businesses compete in the American economy. How-
ever, the Committee is concerned that a significant number of 8(a)
participants struggle to survive following the completion of the pro-
gram. The Committee encourages SBA to conduct a survey of the
financial health of former 8(a) participants not more than three
years separated from enrollment in the program. The Committee
urges SBA to disaggregate participant data by race and gender
wherever possible. The Committee encourages SBA, through its re-
source partners and the Community Navigator program, to reach
out to former 8(a) firms to provide information on the resources
available to support their continued success in the Federal con-
tracting arena.
Employee Ownership.—The Committee recognizes that employee-
owned businesses are uniquely structured and provide wide-rang-
ing benefits for businesses, workers, and the local economy. The
Committee notes that the Main Street Employee Ownership Act,
which Congress enacted in section 862 of Public Law 115–232, re-
quires SBA to make structural changes in SBA lending programs
to ease the challenges faced by employee-owned businesses in ac-
cessing financing. This legislation also requires SBA to use Small
Business Development Centers (SBDCs) to establish an employee-
owned business promotion program to provide assistance on struc-
ture, business succession, and planning. SBA is directed to fully
implement these requirements. The Committee further directs SBA
to work with the Departments of Agriculture, Labor, and Com-
merce to provide education and outreach to businesses, employees
and financial institutions about employee-ownership, including co-
operatives and employee stock ownership plans; provide technical
assistance to assist employees’ efforts to become businesses; and as-
sist in accessing capital sources.
Cybersecurity Support to Small Businesses.—The Committee en-
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courages SBA to require cybersecurity technical assistance in its
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Federal contracting support programs, particularly for small busi-
nesses competing for contracts in sensitive or classified fields.
Information Technology Systems.—The SBA OIG has repeatedly
documented SBA’s challenges with major IT investments. The
agency’s early struggles with the implementation of COVID–19 re-
lief programs further emphasized the need for significant invest-
ments in IT infrastructure and public-facing portals to handle the
growth in user transactions. The Committee directs the SBA Chief
Information Officer (CIO) to brief the Committee not later than 60
days after enactment of this Act on the challenges with maintain-
ing, improving, and providing appropriate oversight over SBA IT
systems, and resource needs for the CIO to adequately address
problems across existing IT systems, particularly with industry-
standard independent verification and validation.
Office of Rural Affairs.—The SBA Office of Rural Affairs was au-
thorized in 1990 to help SBA serve farmers and rural small busi-
nesses, but the office has never been fully established. In 2020,
SBA took steps to implement this long-overdue Congressional man-
date, but the mission, operations, organization, and funding re-
quirements for the Office have not been clearly defined or ex-
plained. The Committee is dismayed that SBA has yet to submit
the report required in House Report 116–456 on the Office of Rural
Affairs, and expects SBA to expeditiously submit this long-overdue
report.
Ascent Platform.—The Committee is encouraged by SBA’s efforts
to develop free online educational resources for women-owned small
businesses through the Ascent digital platform. SBA is urged to
continue these efforts and to explore opportunities to develop simi-
lar resources for entrepreneurs from historically underrepresented
groups.
Solopreneurs.—The Committee recognizes the large number of
small businesses that are owned and operated by one individual,
also known as a ‘‘solopreneur.’’ The Committee encourages SBA to
pursue efforts to reduce existing barriers that limit access to fund-
ing and technical assistance opportunities in order to help
solopreneurs expand and scale up their businesses.
Language Access for Limited English Proficiency.—The Com-
mittee recognizes that small business owners with limited English
proficiency (LEP) are often unable to complete SBA’s online loan
and grant application forms due to language barriers, leaving these
businesses without the access to critical business funding. Busi-
nesses owned by LEP individuals must be provided language access
when applying for SBA funding, especially at a time when busi-
nesses are rebuilding from the coronavirus pandemic. The Com-
mittee urges the Administrator to make online application forms
available in at least the top 20 most commonly spoken languages
other than English, based on the latest Census data.
Nonprofit Child Care Support.—The Committee recognizes the
critical role of child care providers in supporting the economy and
workforce, and encourages the Administrator to consider allowing
qualified nonprofit child care providers access to the same SBA
loan programs that for-profit child care providers may utilize.
Small Business Succession Planning.—The Committee is con-
cerned that more than 58 percent of businesses do not have succes-
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sion plans. The Committee encourages SBA to work with its re-
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source partners to develop guidance, training, best practices, work-
shops, and other resources, to assist small business owners and en-
trepreneurs in establishing and executing a business succession
plan. In addition, SBA should consider the development of a pub-
licly available online toolkit that can be used by SBA and its re-
source partners to guide small businesses through the process of
creating a business succession plan.
Small Business Participation in Federal Contracting.—The SBA
Office of Government Contracting employs a team of Area Direc-
tors, Procurement Center Representatives (PCR), Commercial Mar-
ket Representatives (CMR), and size and industrial specialists that
collaborate with Federal agencies to increase Federal contract
awards to small businesses. These professionals are critical to the
success of small business contractors, encouraging new entrants
into the Federal marketplace, and maintaining a strong industrial
base. PCRs increase the small business share of Federal procure-
ment awards by initiating small business set-asides, reserving pro-
curements opportunities for competition among small business
firms; providing small business sources to Federal buying activi-
ties; and counseling small firms. SBA is urged to assess the current
funding and staffing levels for PCRs and CMRs to ensure the prop-
er resources are allocated to these positions.
ENTREPRENEURIAL DEVELOPMENT PROGRAMS
Appropriation, fiscal year 2022 ......................................................... $290,150,000
Budget request, fiscal year 2023 ....................................................... 318,000,000
Recommended in the bill ................................................................... 326,000,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +35,850,000
Budget request, fiscal year 2023 ................................................ +8,000,000
SBA’s Entrepreneurial Development Programs (EDP) support
non-credit business assistance to entrepreneurs. The appropriation
includes funding for a network of resource partners located
throughout the United States that provide training, counseling,
and technical assistance to small business entrepreneurs.
COMMITTEE RECOMMENDATION
The Committee recommends $326,000,000 for EDP. The Com-
mittee recommendations, by program, are displayed in the fol-
lowing table:
7(j) Technical Assistance Program (Contracting Assistance) .......... $6,000,000
Entrepreneurship Education ............................................................. 3,500,000
Federal and State Technology (FAST) Partnership Program ......... 8,000,000
Growth Accelerators ........................................................................... 5,000,000
HUBZone Program ............................................................................. 5,000,000
Microloan Technical Assistance ........................................................ 41,000,000
National Women’s Business Council ................................................. 1,500,000
Native American Outreach ................................................................ 5,000,000
PRIME Technical Assistance ............................................................. 10,000,000
Regional Innovation Clusters ............................................................ 10,000,000
SCORE ................................................................................................ 15,000,000
Small Business Development Centers (SBDC) ................................ 145,000,000
State Trade & Export Promotion (STEP) ......................................... 22,000,000
Veterans Outreach * ........................................................................... 19,000,000
Women’s Business Centers (WBC) .................................................... 30,000,000
Total, Entrepreneurial Development Programs ........................ $326,000,000
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* Veterans Outreach includes funding for: Boots to Business, Veterans Business Outreach Centers (VBOC),
Veteran Women Igniting the Spirit of Entrepreneurship (V Wise), Entrepreneurship Bootcamp for Veterans
with Disabilities (EBV), and Boots to Business reboot.
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SBA shall not reduce these non-credit programs from the
amounts specified above and SBA shall not merge any of the non-
credit programs without advance written approval from the Com-
mittee. The Committee strongly supports the development pro-
grams listed in the table above and will carefully monitor SBA’s
support of these programs.
Federal and State Technology Partnership Program.—The Com-
mittee supports the Federal and State Technology (FAST) Partner-
ship Program’s efforts to reach innovative, technology-driven small
businesses and to leverage the Small Business Innovation Research
(SBIR) and Small Business Technology Transfer (STTR) program
to stimulate economic development. The FAST program is particu-
larly important in states that are seeking to build high technology
industries but are underrepresented in the SBIR/STTR programs.
Small Business and Technology Development Centers (SBTDCs)
serve small businesses in these fields and are accredited to provide
intellectual property and technology commercialization assistance
to businesses in high technology industries. Of the amount pro-
vided, $1,500,000 shall be for FAST awards to SBTDCs fully ac-
credited for technology designation as of December 31, 2022.
Native American Outreach.—The Committee directs the Assist-
ant Administrator for the Office of Native American Affairs
(ONAA) to continue to manage Native American Outreach activi-
ties. The Assistant Administrator is responsible for assisting Na-
tive businesses in navigating SBA’s capital access and contracting
programs; organizing multi-agency workshops and Native supplier
initiative events around the country; and facilitating Native con-
tractors’ participation in SBA’s various small business contracting
programs.
Tribal Lending Initiative.—The Committee supports efforts by
ONAA to address and dismantle barriers experienced by Tribal
small businesses and fisheries seeking to access traditional SBA
lending products, and encourages ONAA to establish a Tribal Lend-
ing Initiative to address these challenges. Through this initiative,
ONAA is expected to update guidance for traditional SBA lending
products and relief programs in consultation with Tribal Nations,
including removing barriers to existing SBA lending products, such
as the acceptance of Tribally registered business licenses and Trib-
al treaty fishery income verification, the inability of many Tribal
small businesses and fisheries to obtain Federally verified income
tax statements, and complications related to collateral require-
ments. SBA is directed to brief the Committee on its progress in
establishing and implementing a Tribal Lending Initiative not later
than 60 days after the enactment of this Act.
SCORE.—The Committee recognizes the value of providing men-
tors to small business owners through programs such as SCORE,
especially for women-owned and minority-owned businesses. The
Committee supports efforts to increase outreach to underserved
communities and urges SCORE to increase diversity among its
mentors to support women entrepreneurs and entrepreneurs of
color.
Women-Owned Businesses in Science, Technology, Engineering,
and Math (STEM).—While women’s participation in the STEM-re-
lated sectors has increased over the last several decades, large gaps
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still exist, as noted by the most recent annual report published by
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the National Women’s Business Council. The Committee urges SBA
and its resource partners to support efforts to increase the rep-
resentation of women, especially women of color, in the innovation,
patenting, trademark, and commercialization of new technologies.
Such efforts include increased STEM business mentorship through
SCORE; expanded STEM educational resources and opportunities
for women entrepreneurs on the Ascent platform; and additional
partnerships with Women’s Business Centers, minority-serving in-
stitutions, historically black colleges and universities, and commu-
nity-based programs focused on women’s business enterprise devel-
opment.
Woman- and Minority-Led Entrepreneurs in Health Innovation.—
The Committee recognizes that women- and minority-led start-ups
receive disproportionately less funding, especially in the health in-
novation industry, which may contribute to fewer health innova-
tions in conditions that solely, disproportionately, or differently im-
pact women and people of color. The Committee encourages SBA,
in conjunction with Women’s Business Centers and other resource
partners, to explore new methods and programs to engage with
health innovation startups that are led by and/or meet the needs
of women and people of color. SBA is directed to report back to the
Committee within 180 days of enactment of this Act on its efforts,
including recommendations to support the launch and growth of
new small businesses focused on female and minority healthcare
innovation.
Cybersecurity Assistance Pilot Program.—Within 60 days of en-
actment of this Act, SBA is directed to brief the Committee on the
lessons learned from implementation of the Cybersecurity Assist-
ance Pilot Program in fiscal years 2021 and 2022. The briefing
should include recommendations to improve or expand Cybersecu-
rity Assistance programming, including in the Federal contracting
space.
Assistance to Coal Communities.—To diversify and enhance eco-
nomic opportunities, SBA and its resource partners should ensure
the appropriate resources and support are directed to communities
and regions that have experienced job losses due to the economic
downturn of the coal industry.
Border Colonias Region Outreach.—The Committee urges SBA,
through its resource partners and Community Navigators, to en-
gage in targeted outreach to small businesses and entrepreneurs in
the border colonias region in Texas, New Mexico, Arizona, and
California, to improve access to small business training, counseling,
and Federal contracting programs, and to help launch new busi-
nesses to compete in the marketplace. The Committee expects SBA
and its partners to ensure the appropriate resources are made
available to support small businesses and entrepreneurs in the
under-resourced border region.
OFFICE OF INSPECTOR GENERAL
Appropriation, fiscal year 2022 ......................................................... $22,671,000
Budget request, fiscal year 2023 ....................................................... 32,020,000
Recommended in the bill ................................................................... 32,020,000
Bill compared with:
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Appropriation, fiscal year 2022 .................................................. +9,349,000
Budget request, fiscal year 2023 ................................................ –––
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The mission of the Office of Inspector General (OIG) is to provide
independent, objective oversight to improve the integrity, account-
ability, and performance of SBA and its programs.
COMMITTEE RECOMMENDATION
The Committee recommends $32,020,000 for the SBA OIG.
OFFICE OF ADVOCACY
Appropriation, fiscal year 2022 ......................................................... $9,466,000
Budget request, fiscal year 2023 ....................................................... 10,211,000
Recommended in the bill ................................................................... 10,211,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +745,000
Budget request, fiscal year 2023 ................................................ –––
The Office of Advocacy was established by Congress in 1976 to
serve as the independent voice for small business within the Fed-
eral government.
COMMITTEE RECOMMENDATION
The Committee recommends $10,211,000 for the Office of Advo-
cacy.
BUSINESS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2022 ......................................................... $169,000,000
Budget request, fiscal year 2023 ....................................................... 171,300,000
Recommended in the bill ................................................................... 171,300,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +2,300,000
Budget request, fiscal year 2023 ................................................ –––
The SBA Business Loans Program serves as an important source
of capital for America’s small businesses. The recommendation sup-
ports the 7(a) Business Loan Program at a level of $35,000,000,000;
the 504 certified development company program at a level of
$11,000,000,000; the 504 Commercial Real Estate Refinance Pro-
gram at a program level of $7,500,000,000; the Secondary Market
Guarantee Program at a program level of $15,000,000,000; and
Small Business Investment Company debenture authority of
$5,000,000,000.
COMMITTEE RECOMMENDATION
The Committee recommends a total of $171,300,000 for the Busi-
ness Loans Program Account. The recommendation includes
$6,000,000 for loans subsidy for the Microloan Program to support
a program level of $110,000,000.
DISASTER LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
Appropriation, fiscal year 2022 ......................................................... $178,000,000
Budget request, fiscal year 2023 ....................................................... 179,000,000
Recommended in the bill ................................................................... 179,000,000 *
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +1,000,000
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Budget request, fiscal year 2023 ................................................ –––
* The recommendation includes $143,000,000 in disaster relief funding.
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COMMITTEE RECOMMENDATION
The Committee recommends a total of $179,000,000 for the ad-
ministrative expenses of the Disaster Loans Program, of which
$143,000,000 is designated as being for disaster relief for major dis-
asters.
ADMINISTRATIVE PROVISIONS—SMALL BUSINESS ADMINISTRATION
(INCLUDING TRANSFERS OF FUNDS)
Section 550. The Committee continues a provision authorizing
transfers of up to five percent among SBA appropriations, provided
that transfers do not increase an appropriation by more than 10
percent. The provision also requires that transfers be treated as a
reprogramming of funds.
Section 551. The Committee continues a provision authorizing
the transfer of not to exceed 3 percent of funding available under
the SBA ‘‘Salaries and Expenses’’ and ‘‘Business Loans Program
Account’’ appropriations to the SBA ‘‘Information Technology Sys-
tem Modernization and Working Capital Fund’’.
Section 552. The Committee continues a provision providing
funds for initiatives related to small business development and en-
trepreneurship, including programmatic and construction activities,
to be awarded as follows:
Recipient Project Amount
Cordova Economic and Industrial Development Au- Cordova Business Incubator ................................... $250,000
thority, Cordova, AL.
The University of Texas at Dallas, Richardson, TX STartup REsearch To Capstone Honors (STRETCH) $745,000
project for Small Business.
Lander County Convention & Tourism Authority, Lemaire Building Small Business Incubator .......... $1,000,000
Battle Mountain, NV.
Zora’s House Inc., Columbus, OH ........................... Zora’s House ........................................................... $1,000,000
Oregon Native American Chamber, Portland, OR ... Technical Assistance for Small Native-Owned Con- $670,000
struction Businesses.
Feed’em Freedom Foundation, Portland, OR ........... Black Community Food Center ................................ $703,046
Columbia County Economic Team, St. Helens, OR Columbia County Advanced and Additive Manu- $814,000
facturing Small Business Incubator.
United Black Fund of Greater Cleveland, Cleve- Black Entrepreneurship Training Project ................ $500,000
land, OH.
Mercer County Better Together (MCBT), Aledo, IL .. Mercer County Business Retention and Expansion $225,000
Program.
Initiating Change in Our Neighborhoods Commu- Empowering the San Fernando Valley Initiative ..... $500,000
nity Development Corporation (ICON CDC), Van
Nuys, CA.
Louisiana Chamber of Commerce Foundation, New LCCF Southeast Louisiana AgriAquaculture Small $2,000,000
Orleans, LA. Business Technical Assistance and Workforce
Training Center.
Tampa Bay Wave, Inc., Tampa, FL ......................... LatinTech Accelerator .............................................. $500,000
LiftFund Inc., San Antonio, TX ................................ SA West Small Business Support Program ............ $1,000,000
University of Texas at San Antonio, San Antonio, UTSA HUB Government Contracting Academy ........ $576,000
TX.
Florida Memorial University, Fort Lauderdale, FL ... Florida Memorial University Center for Entrepre- $1,500,000
neurship.
City of Pasadena, Pasadena, CA ............................ Pasadena On-Street Dining Project ........................ $1,500,000
Vibrant Memphis, Inc. dba Epicenter, Memphis, 901 Entrepreneurs (901E) ....................................... $673,332
TN.
Town of Stonington, Stonington, CT ....................... Town of Stonington Fishermen’s Dock Project ....... $900,000
Temple University Ambler Campus, Ambler, PA ..... Temple Ambler Community Kitchen (TACK) ............ $1,000,000
Innovation Works, Pittsburgh, PA ............................ On-Ramps to Entrepreneurship .............................. $635,392
El Paso County, El Paso, TX ................................... Heritage Tourism Business Connection .................. $500,000
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The Greater Harlem Chamber of Commerce, New Harlem Small Businesses Public Safety Edu- $1,115,000
York, NY. cational and Information Initiative.
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Recipient Project Amount
New York City Department of Small Business La Marqueta Workforce Improvement Project ......... $1,250,000
Services, New York, NY.
Hispanic Federation, New York, NY ......................... Hispanic Federation Small Business Support Ini- $1,000,000
tiative.
Davidson Community Center, Inc., Bronx, NY ......... Davidson Community Center Business Improve- $796,981
ment District Formation Initiative.
Inwood Merchant Association, Inc., New York, NY Inwood Merchant Association ................................. $1,728,586
Bucks County Industrial Development Authority, The Bucks Built Startup Fund ................................ $500,000
Doylestown, PA.
University of St. Francis, Joliet, IL .......................... University of St. Francis Small Business Accel- $500,000
erator.
Rehoboth Community Development Corporation, Training Initiative to Mentor Entrepreneurs (TIME) $203,124
Glendale, AZ. Program.
Touro College Jacob D. Fuchsberg Law Center, Small Business Legal Assistance Clinic ................ $475,000
Central Islip, NY.
Valley Industrial Association of Santa Clarita, Va- Connecting to Success ............................................ $675,000
lencia, CA.
The International Sonoran Desert Alliance, Ajo, AZ Ajo Business Support Center and Co-Working $400,000
Space.
Ball & Socket Arts, Cheshire, CT ............................ Ball & Socket Arts Fire Sprinklers .......................... $625,000
Young Women’s Christian Association of New Brit- New Britain Childcare Business Incubator ............. $50,000
ain Inc., New Britain, CT.
Launch New York, Inc., Buffalo, NY ........................ Entrepreneurial Services for High-Growth Potential $1,000,000
Startups.
Women’s Business Development Council, Inc., Technical Assistance and Microgrants to Women- $500,000
Stamford, CT. Owned Businesses.
CPLC Nevada, Inc., Las Vegas, NV ......................... CPLC Small Business Assistance ........................... $391,500
United Way of Chester County, Exton, PA ............... United Way Social Innovation Lab .......................... $200,000
Berks Latino Workforce Development Corporation, Berks Tec Centro ..................................................... $1,907,500
Reading, PA.
Colectiva Legal del Pueblo, Burien, WA .................. Community Financial Skill-Building ....................... $500,000
Hiram College, Hiram, OH ....................................... Hiram Workforce Office ........................................... $665,000
Mainstreet Waynesboro Inc., Waynesboro, PA ......... 21 E. Main St. Redevelopment Project ................... $500,000
Chatham Business Association, Chicago, IL .......... Internee-to-Entrepreneur Program .......................... $626,000
University of Mississippi, University, MS ................ Center for Growth, New Markets, Innovation, and $2,000,000
Cyber Awareness.
Central Michigan University, Saginaw, MI .............. Support for Mid-Michigan Small Businesses and $1,065,000
Entrepreneurs.
Hispanic Federation, Hartford, CT ........................... Hispanic Federation Financial Education Initiative $650,000
Invest Detroit Foundation, Detroit, MI ..................... Invest Detroit ........................................................... $600,000
Oakland Private Industry Council, Oakland, CA ..... California Jobs and Infrastructure Initiative .......... $654,370
Clark County, Nevada, Las Vegas, NV .................... Small Business Opportunity Program (SBOP) ........ $350,000
Prosperity Lab, San Jose, CA .................................. Mesa Redonda ......................................................... $350,000
Oklahoma State University, Stillwater, OK .............. Oklahoma Rural E-Commerce Academy ................. $500,000
MassChallenge Inc., Boston, MA ............................. Driving Equitable Outcomes in Business Growth ... $800,000
North Brooklyn Chamber of Commerce, Brooklyn, LoveLocal ................................................................. $750,000
NY.
Chamber of Commerce of the Borough of Queens Queens Business Incubator and Angel Fund $500,000
Inc., Jackson Heights, NY. Project.
Queens Economic Development Corporation, Long Queens Together ...................................................... $500,000
Island Cit, NY.
Nussbaum Center for Entrepreneurship, Greens- The Steelhouse Center for Urban Manufacturing $2,000,000
boro, NC. and Innovation.
City of High Point, North Carolina, High Point, NC Commercial Shared-Use Kitchen ............................ $2,000,000
Neighborhood Development Center, Saint Paul, MN Cybersecurity Information Center ............................ $1,600,000
Latino Economic Development Center, Saint Paul, Plaza del Sol Redevelopment .................................. $1,000,000
MN.
Chhaya Community Development Corporation, Chhaya Small Business Assistance Program ......... $150,000
Richmond Hill, NY.
Greater Jamaica Development Corporation, Ja- GJDC Small Batch Manufacturing Development .... $2,000,000
maica, NY.
Chamber of Commerce of the Borough of Queens Queens Chamber of Commerce Small Business $1,000,000
Inc., Jackson Heights, NY. Legal Desk Support Program.
City of New York, New York, NY .............................. District 6 Open Restaurants Kits ........................... $2,000,000
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The Research Foundation of CUNY, New York, NY Queens College Small Business Development Ini- $1,465,856
tiative.
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Recipient Project Amount
Black Economic Council of Massachusetts Back Office Support Services (BOSS) Program and $800,000
(BECMA), Boston, MA. Vendor Advisory Council.
The Latino Chamber of Commerce of Boulder Latino Chamber of Commerce Mobile Office .......... $250,000
County, Lafayette, CO.
Monmouth University, West Long Branch, NJ ......... Develop, Educate, and Accelerate Entrepreneurs $640,000
from Underserved Communities in Central New
Jersey.
Greater Portland Immigrant Welcome Center, Port- Women Lead: an Enterprise Institute ..................... $619,000
land, ME.
Boots2Roots, Portland, ME ...................................... Transition to Work Initiative ................................... $597,076
The Latina Circle dba Amplify Latinx, Boston, MA PowerUp Latinx Business Initiative ........................ $400,000
African Community Economic Development Of New ACEDONE Small Business Development and Tech- $643,003
England-CDC, Boston, MA. nical Assistance Program.
Main Street Alabama, Birmingham, AL .................. Main Street Alabama Entrepreneurial Support and $700,000
Training.
Northeast Ohio Public Energy Council (NOPEC), NOPEC Small Business Energy Efficiency Support $400,000
Solon, OH. Program.
Florida International University, Miami, FL ............. Business Growth and Acceleration Program .......... $650,000
Anne Arundel County, Annapolis, MD ..................... Inclusive Ventures Small Business Program .......... $1,650,000
Loyola University Chicago, Chicago, IL ................... Minority-Owned Business Dashboard ..................... $625,000
Georgia Tech Research Corporation, Atlanta, GA ... Connect and Serve: Growing Underrepresented $495,547
Companies in Manufacturing, Logistics,
Warehousing, and Transportation.
Douglas County Board of Commissioners, Douglas County Community Business Incubator .... $500,000
Douglasville, GA.
City of Renton, Renton, WA ..................................... Logan Place Market Rehabilitation ......................... $1,500,000
Partnership for Community Action, Albuquerque, Social Enterprise Center (SEC) Families First Eco- $650,000
NM. nomic Justice Project.
Take The Lead, Inc., Scottsdale, AZ ....................... Women Entrepreneurs Leadership Development $500,000
Program.
Dublin Chamber of Commerce, Dublin, CA ............ Emerging Business Community Outreach Program $100,000
Venango County Economic Development Authority, Venango County Business Innovation Center ......... $600,000
Oil City, PA.
University of Nevada, Las Vegas, Las Vegas, NV .. Cyber Clinic for Small Businesses ......................... $650,000
City of Romulus, MI, Romulus, MI .......................... Romulus Small Business Assistance & Workforce $1,000,000
Development Project.
University of Dayton, Dayton, OH ............................ Greater West Dayton Incubator ............................... $1,000,000
Joliet Junior College, Joliet, IL ................................. Joliet Junior College Entrepreneurial Development $353,404
Center (EDC).
Village of Huntley, Huntley, IL ................................ Huntley Shops on Main ........................................... $974,843
YWCA Metropolitan Chicago, Chicago, IL ............... YWCA Metropolitan Chicago Childcare Network ..... $575,000
Atlantic Cape Community College, Mays Landing, Atlantic Cape Community College/Cape May Coun- $1,000,000
NJ. ty BizHub.
Evergreen Inc.: Your North Brooklyn Business Ex- Resilient Recovery: Brooklyn’s Industrial Water- $750,000
change, Brooklyn, NY. front.
Community Venture Foundation, dba Startup Junk- Arkansas Venture Expansion Project ...................... $1,000,000
ie Foundation, Fayetteville, AR.
OneWest, Louisville, KY ........................................... Minority-Owned Small Business Development, $800,000
Training, and Business Improvements in Louis-
ville’s West End.
UNITED STATES POSTAL SERVICE
PAYMENT TO THE POSTAL SERVICE FUND
Appropriation, fiscal year 2022 ......................................................... $52,570,000
Budget request, fiscal year 2023 ....................................................... 50,253,000
Recommended in the bill ................................................................... 56,253,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +3,683,000
Budget request, fiscal year 2023 ................................................ +6,000,000
The United States Postal Service (USPS) is funded almost en-
tirely by Postal ratepayers, rather than taxpayers. Funds provided
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to USPS in the Payment to the Postal Service Fund include appro-
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priations for revenue forgone, including for providing free mail for
the blind and for overseas absentee voting.
COMMITTEE RECOMMENDATION
The Committee recommends $56,253,000 for Payment to the
Postal Service Fund. The recommendation funds free mail for the
blind and overseas voting and includes a reconciliation adjustment.
Since 1983, the annual appropriations Act has included a provi-
sion requiring the Postal Service to deliver mail six days per week.
Section 202 of the Postal Service Reform Act of 2022 (PSRA) (P.L.
117–108) requires that the ‘‘The Postal Service shall maintain an
integrated network for the delivery of market-dominant and com-
petitive products’’ and that ‘‘Delivery shall occur at least six days
a week, except during weeks that include a Federal holiday, in
emergency situations, such as natural disasters, or in geographic
areas where the Postal Service has established a policy of deliv-
ering mail fewer than six days a week as of the date of enactment
of the Postal Service Reform Act of 2022.’’ In lieu of continuing the
provision in the annual appropriations Act, the Committee expects
USPS shall maintain six-day delivery as specified in the PSRA.
Postal Non-Banking Financial Services Modernization Pilot Pro-
gram.—The Committee notes that USPS currently plays a major
role in the financial services market. For example, USPS is the
largest single provider of paper money orders in the United States,
in addition to offering electronic funds transfers and U.S. Treasury
check cashing. However, current USPS offerings are out-of-date
and do not fully reflect the needs of modern customers. By updat-
ing its services to reflect new technological and financial trends,
the USPS can offer an improved customer experience and expand
its affordable non-bank financial services to tens of millions of
unbanked and underbanked Americans. The Committee includes
an increase of $6,000,000 above the budget request for USPS to
carry out pilot programs (in at least five rural zip codes and at
least five non-rural zip codes) to modernize its current postal bank-
ing services, including surcharge-free automated teller machines,
wire transfers, check cashing, and bill payment to the fullest extent
permitted under current statutory authority, as described in the
2015 USPS Office of the Inspector General (OIG) Report ‘‘The Road
Ahead for Postal Financial Services’’ (RARC–WP–15–011). The
Committee directs USPS, in collaboration with the USPS OIG, to
report to the Committee within one year of the enactment of this
Act regarding findings from the pilot programs.
Multinational Species Conservation Fund Semipostal Stamp.—
The recommendation continues a provision requiring USPS not to
destroy, and to continue to offer for sale, existing copies of the Mul-
tinational Species Conservation Fund Semipostal Stamp.
Alzheimer’s Semipostal Fundraising Stamp.—The Committee
notes its strong support for the Alzheimer’s Semipostal Fund-
raising Stamp, of which millions of copies of the original printing
remain. USPS is directed to continue to offer the stamp for sale to
the public, in addition to any other semipostal stamps the Postal
Service may issue under its rules and regulations. USPS is further
directed not to destroy any copies of the stamp.
Rural Post Offices.—The Committee believes that the United
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States postal facility network is an asset of significant value. The
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closure of post offices in rural communities creates an economic
burden for people in the United States that depend on USPS for
communication and package services. In addition to typical postal
services, post offices are part of the identity of rural communities
and provide a significant social value. The Committee recommends
that no funds be used to consolidate or close small rural and other
small post offices. The Postal Service shall take into consideration
the importance of providing consistent and on-time delivery to all
Americans, including those in rural and mountainous areas.
Notification to Congress.—Title 39 of the U.S. Code requires
USPS to notify the public prior to closing or consolidating a post
office. The Committee understands that it is USPS’s policy to in-
form the district and Washington, D.C. offices of Members of Con-
gress when the public receives notice. The Committee directs USPS
to keep Members of Congress informed of USPS activities impact-
ing their constituents and expects USPS to ensure that Members
of Congress are appropriately informed simultaneously or prior to
all public notices.
Member Access to Postal Facilities.—The Committee is concerned
by reports that USPS is preventing Members of Congress from vis-
iting postal facilities within 45 days of an election, citing the Hatch
Act. According to the Office of Special Counsel, ‘‘Members of Con-
gress, who are candidates for partisan political office, are not
barred from visiting Federal facilities to execute their official, over-
sight responsibilities to include receiving briefings, tours, or other
official information.’’ USPS’s policy could effectively remove three
months of Congressional oversight during each Congress if primary
elections are included. The Committee therefore directs USPS to
revise its policies to ensure that it does not prevent Members of
Congress from accessing or visiting USPS facilities for official pur-
poses, regardless of the request’s proximity to an upcoming elec-
tion.
First-Class Service Standards.—As part of USPS’s Delivering for
America 10-year plan, the agency implemented new service stand-
ards for First-Class Mail and Periodicals that increased time-in-
transit standards by one or two days for certain mail traveling
longer distances, resulting in standard delivery timeframes of up to
five days. The Committee is concerned that this change jeopardizes
USPS’s ability to uphold its commitment to provide prompt and re-
liable postal services and further erodes public confidence in the
USPS. The Committee directs USPS to provide a comparison of de-
livery service performance data for the new service standards effec-
tive October 1, 2021, and the corresponding quarters of the pre-
vious service standards in effect between 2016 and 2020. The data
should reflect the comparison of parcels now delivered on-time that
previously would have been delivered outside of the service stand-
ards for First-Class Mail and Periodicals. The Committee further
encourages USPS to work with the PRC on steps it can take to
minimize or reverse any further degradations to service standards
for market-dominant products.
Accessibility for Disabled Individuals.—The Committee notes
that under the Architectural Barriers Act, USPS is required to
meet accessibility requirements for disabled individuals.
Electric Vehicles.—The Committee believes USPS, as one of the
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U.S. government’s largest vehicle fleet operators, has an important
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role to play in moving the Federal government toward a fleet of
clean and zero-emission vehicles and spurring investment in this
technology nationwide. The Committee is therefore disappointed
that USPS’s recent Next Generation Delivery Vehicle (NGDV) con-
tract award fails to include robust investment in electric vehicle
technology. The Committee directs USPS to prioritize robust pro-
curement of a battery electric vehicle fleet under the NGDV pro-
gram to the greatest extent possible, which would comply with the
spirit of Executive Order 14008 on ‘‘Tackling the Climate Crisis at
Home and Abroad’’ and ensure that the USPS shares in efforts to
expand clean energy capacity and spur well-paying union jobs and
economic growth. The Committee recommendation includes $100
million for a new program within GSA to fund electric vehicles gov-
ernment-wide, including at USPS, and expects USPS to consult
with GSA on effective use of that funding to increase its invest-
ment in electric vehicles. The Committee further directs USPS to
report on whether its electric trucks will be serviced internally by
USPS or if they will be externally serviced. The Committee re-
quests that USPS track the fuel consumption and emissions port-
folio of all vehicles managed or contracted by USPS and report to
the Committee no later than 180 days after the enactment of this
Act on its findings and its plan for reducing fleet fuel costs and
emissions in the future.
Mail Theft.—The Committee supports actions taken by USPS to
combat mail theft and fraud by replacing aging USPS cluster box
units and directs USPS to continue to follow the directive on this
issue included in House Report 116–122.
Mail Fishing.—The Committee remains concerned about ‘‘mail
fishing,’’ in which thieves ‘‘fish’’ mail out of blue mail collection
boxes. The Committee commends USPS for taking action to miti-
gate mail fishing by retrofitting mail collection boxes and directs
the USPS to report to the Committee no later than 60 days after
the enactment of this Act on additional actions it has taken to com-
bat mail fishing in fiscal years 2021 and 2022.
Mail Service in Remote Areas.—The Committee is concerned by
the prevalence of reports of irregular delivery, unresponsiveness,
and other complaints about USPS service in rural and Non-Foreign
Areas. The Committee directs USPS to keep Members of Congress
informed of USPS activities impacting their constituents and ex-
pects USPS to create an outreach program explaining the scope of
mail delivery distribution delays and providing timely notices to
customers in rural and Non-Foreign Areas. The Committee re-
quests that the USPS strategic plan includes steps to provide time-
ly, consistent mail delivery service that addresses the concerns of
local communities in rural and Non-Foreign Areas and report back
to the Committee within 180 days of enactment of this Act on its
efforts.
Deceptive Political Mail.—The Committee is concerned about
ways in which USPS can unwittingly be used to distort electoral
outcomes through the sending of deceptive political mailers that
promote shadow ‘‘ghost’’ campaigns. During the 2020 election cycle,
news reports and court filings show that political operatives in at
least three Florida Senate races used funds from dark money
groups to send thousands of mailers that contained false informa-
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tion about candidates specifically because their names or other
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identifiers prompted confusion or conflation with legitimate can-
didates. To combat these practices, the Committee strongly rec-
ommends that USPS prioritize implementing the current rule re-
quiring the disclosure of designers, marketers, and beneficiaries of
political mailers, as outlined in the current PS–3602 form. In addi-
tion, the Committee encourages USPS to consider additional identi-
fication requirements for the purchase of Political Mail, including
maintaining a publicly available database that lists the individuals
who design and market the mailpiece and who directly benefit from
the mailing.
Delivery Vehicle Climate Control.—The Committee recognizes
that heat stress is a persistent issue for USPS vehicle operators.
The Committee is pleased that the Next Generation Delivery Vehi-
cle will include air conditioning and heating.
Mail Interdiction of Heroin & Opioids.—The Committee remains
concerned that international drug traffickers are harnessing
vulnerabilities in our mail system to import significant quantities
of deadly narcotics. The Committee is encouraged that USPS is
pursuing innovative tools and technologies to detect opioids in par-
cels and that it has increased the capture of Customs and Border
Protection hold requests at International Service Centers to more
than 80 percent. The Committee expects USPS to reach 100 per-
cent capture rates and to continue seeking out and implementing
new tools to increase accurate detection of opioids and related sub-
stances, and requests USPS brief the Committee within 90 days of
enactment of this Act on progress it has made on this issue.
Postal Worker Safety.—Despite the best efforts of USPS and Cus-
toms and Border Protection, U.S. mail remains a primary method
for moving narcotics into and throughout the country. The increas-
ing use of extremely potent illegal narcotics, such as fentanyl,
poses significant risks of exposure to potentially deadly doses of il-
licit opioids for postal workers unknowingly handling these pack-
ages. The Committee encourages USPS to evaluate how best to de-
ploy countermeasures, such as naloxone, to ensure the safety of
postal workers.
Accurate Address Listing.—The Committee remains concerned
about instances in which assigned zip codes overlap multiple mu-
nicipal jurisdictions, resulting in end user mailing/address informa-
tion with incorrect or multiple city listings. The Committee looks
forward to reviewing the report required by House Report 117–79
on this important topic, including options to ensure proper city des-
ignations.
Preferred Last Line.—The Committee is concerned that USPS is
not adequately communicating with customers about the potential
for mail delays caused by using ‘‘preferred last line’’ mailing ad-
dresses. The committee directs USPS to increase its ongoing out-
reach to communities using a preferred last line to make customers
aware of potential mail delivery slowdowns.
Processing Centers.—In recent decades, USPS has closed hun-
dreds of processing facilities. The Committee is concerned that
these closures have contributed to reduced service. USPS is di-
rected to review the impact that closing processing centers has had
on costs and the level of service provided. The study shall consider
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the feasibility of reopening necessary facilities. USPS shall report
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its findings to the Committee within 180 days of enactment of this
Act.
Blockchain Technologies and Mail Tracking.—The Committee
notes the potential of blockchain technology to revolutionize postal
tracking and traceability, including tracking postal items from ori-
gin through every point of contact on the journey to the consumer.
The Committee is interested in how blockchain technology can be
utilized to accurately track postage, reduce cost, improve efficiency,
and reduce the harm associated with lost postage and other supply
chain disruptions. The Committee encourages USPS to conduct re-
search on the opportunity and needs for new digital solutions built
with public, open-source decentralized technologies to increase the
efficiency and decrease the cost of USPS data collection and deliv-
ery tracking.
Local Delivery.—The Committee directs USPS to provide a brief-
ing, within 180 days of enactment of this Act, on options and rec-
ommendations to utilize its logistical network to deliver food sur-
plus direct from farms to consumers. The briefing may include in-
formation on (but should not be limited to) the following: barriers
and solutions to utilizing the regional rate program, local connect
program, and parcel select programs for agricultural direct-to-con-
sumer deliveries, such as by expanding the type or size of program-
eligible shipping boxes or allowing nutrition assistance bene-
ficiaries to purchase food through farm-to-consumer deliveries.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2022 ......................................................... $262,000,000
Budget request, fiscal year 2023 ....................................................... 271,000,000
Recommended in the bill ................................................................... 271,000,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +9,000,000
Budget request, fiscal year 2023 ................................................ –––
The USPS Office of Inspector General (OIG) conducts audits, re-
views, and investigations and keeps Congress informed on the effi-
ciency and economy of USPS programs and operations.
COMMITTEE RECOMMENDATION
The Committee recommends $271,000,000 for the OIG, which in-
cludes sufficient funds for the OIG to continue its aggressive drug
interdiction efforts.
Postal Retail Facilities in Underserved Areas.—The Committee
recognizes the vital role that USPS plays for low-income, minority,
and rural communities. During the pandemic, these communities’
reliance on USPS for critical services, such as access to medication
or banking services, has grown. However, the Committee is con-
cerned that the USPS may not equitably distribute resources
among its facilities. USPS facilities in higher-income areas may
have better access to facilities and receive more support for funding
maintenance. The Committee looks forward to reviewing the report
from the USPS OIG required by House Report 117–79 on the dif-
ference between the distribution of resources for facility repair and
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maintenance between low-income and higher income communities,
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as well as the expected impact of the USPS Strategic Plan on low-
income, minority, and rural communities.
UNITED STATES TAX COURT
SALARIES AND EXPENSES
Appropriation, fiscal year 2022 ......................................................... $57,783,000
Budget request, fiscal year 2023 ....................................................... 57,300,000
Recommended in the bill ................................................................... 57,300,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. ¥483,000
Budget request, fiscal year 2023 ................................................ –––
The United States Tax Court adjudicates controversies involving
deficiencies in income, estate, and gift taxes. The Court also has ju-
risdiction to determine deficiencies in certain excise taxes, to issue
declaratory judgments in the areas of qualifications of retirement
plans and exemptions of charitable organizations, and to decide
certain cases involving disclosure of tax information by the Com-
missioner of the Internal Revenue Service.
COMMITTEE RECOMMENDATION
The Committee recommends $57,300,000 for the U.S. Tax Court.
TITLE VI—GENERAL PROVISIONS—THIS ACT
Section 601. The Committee continues a provision prohibiting
pay and other expenses for non-Federal parties in regulatory or ad-
judicatory proceedings funded in this Act.
Section 602. The Committee continues a provision prohibiting ob-
ligations beyond the current fiscal year and prohibits transfers of
funds unless expressly so provided herein.
Section 603. The Committee continues a provision limiting pro-
curement contracts for consulting service expenditures to contracts
that are matters of public record and available for public inspec-
tion.
Section 604. The Committee continues a provision prohibiting
transfer of funds in this Act without express authority.
Section 605. The Committee continues a provision prohibiting the
use of funds to engage in activities that would prohibit the enforce-
ment of section 307 of the 1930 Tariff Act.
Section 606. The Committee continues a provision concerning
compliance with the Buy American Act.
Section 607. The Committee continues a provision prohibiting the
use of funds by any person or entity convicted of violating the Buy
American Act.
Section 608. The Committee continues a provision specifying re-
programming procedures. The provision requires that agencies or
entities funded by this Act obtain prior approval from the Com-
mittee for any reprogramming of funds that: (1) creates a new pro-
gram; (2) eliminates a program, project, or activity; (3) increases
funds or personnel for any program, project, or activity for which
funds have been denied or restricted by the Congress; (4) proposes
to use funds directed for a specific activity by the Committee on
Appropriations of either the House of Representatives or the Sen-
ate for a different purpose; (5) augments existing programs,
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projects, or activities in excess of $5,000,000 or 10 percent, which-
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ever is less; (6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or (7) creates or reorga-
nizes offices, programs, or activities different from the budget jus-
tifications submitted to the Committees on Appropriations or the
tables in the report accompanying this Act, whichever is more de-
tailed. The provision also directs agencies to consult with the Com-
mittees prior to any significant reorganization, restructuring, relo-
cation, or closing of offices, programs, or activities and directs the
agencies funded by this Act to submit operating plans for the Com-
mittee’s review within 60 days of the bill’s enactment.
Section 609. The Committee continues a provision providing that
fifty percent of unobligated balances may remain available through
September 30, 2024, for certain purposes.
Section 610. The Committee continues a provision prohibiting
funding for the Executive Office of the President to request either
a Federal Bureau of Investigation background investigation or In-
ternal Revenue Service determination with respect to section
501(a) of the Internal Revenue Code of 1986, except with the ex-
press consent of the individual involved in an investigation or in
extraordinary circumstances involving national security.
Section 611. The Committee continues a provision regarding cost
accounting standards for contracts under the Federal Employee
Health Benefits Program.
Section 612. The Committee continues a provision regarding non-
foreign area cost-of-living allowances.
Section 613. The Committee continues a provision waiving re-
strictions on the purchase of non-domestic articles, materials, and
supplies in the case of acquisition of information technology by the
Federal government.
Section 614. The Committee continues a provision prohibiting of-
ficers or employees of any regulatory agency or commission funded
by this Act from accepting travel payments or reimbursements
from a person or entity regulated by such agency or commission.
Section 615. The Committee continues a provision requiring cer-
tain agencies in this Act to consult with GSA before seeking new
office space or making alterations to existing office space.
Section 616. The Committee continues a provision providing for
several appropriated mandatory accounts. These are accounts
where authorizing language requires the payment of funds.
Section 617. The Committee continues a provision requiring that
the head of any executive branch agency ensure that the Chief In-
formation Officer has authority to participate in the budget plan-
ning process and approval of the information technology budget.
Section 618. The Committee continues a provision prohibiting
funds in contravention of the Federal Records Act.
Section 619. The Committee continues a provision prohibiting
agencies from requiring Internet Service Providers to disclose elec-
tronic communications information in a manner that violates the
Fourth Amendment.
Section 620. The Committee continues a provision prohibiting
funds to be used to deny inspectors general access to records.
Section 621. The Committee continues a provision relating to
Universal Service Fund payments for wireless providers.
Section 622. The Committee continues a provision prohibiting
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any funds made available in this Act from being used to establish
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122
a computer network unless such network blocks the viewing,
downloading, and exchanging of pornography.
Section 623. The Committee continues a provision prohibiting
any funds made available in this Act from being used to pay for
award or incentive fees for contractors with below satisfactory per-
formance.
Section 624. The Committee continues a provision prohibiting
funds made available under this Act from being used for certain
travel and conference activities unless an agency or entity deter-
mines that the travel is in the national interest and advance notice
is provided to the Appropriations Committees.
Section 625. The Committee continues a provision prohibiting
funds made available under this Act from being used to fund first-
class or business-class travel in contravention of Federal regula-
tions.
Section 626. The Committee continues a provision providing an
additional $850,000 for the Inspectors General Council Fund to ex-
pand and update the Federal-wide Inspectors General website over-
sight.gov.
Section 627. The Committee continues a provision relating to
contracts for public relations services.
Section 628. The Committee continues a provision relating to ad-
vertising and educational programming.
Section 629. The Committee continues a provision relating to
statements by grantees regarding projects or programs funded by
this agreement.
Section 630. The Committee continues a provision requiring
agencies funded in this Act to submit to the Committees quarterly
budget reports on obligations.
Section 631. The Committee includes a new provision prohibiting
funds made available in this Act from being used to penalize a fi-
nancial institution for providing financial services to an entity that
participates in a business or organized activity involving cannabis
that is conducted pursuant to a law established by a State or a unit
of local government.
TITLE VII—GENERAL PROVISIONS—GOVERNMENT WIDE
DEPARTMENTS, AGENCIES, AND CORPORATIONS
(INCLUDING TRANSFER OF FUNDS)
Section 701. The Committee continues a provision requiring
agencies to administer a policy designed to ensure that all of its
workplaces are free from the illegal use of controlled substances.
Section 702. The Committee continues a provision establishing
price limitations on vehicles to be purchased by the Federal govern-
ment with an exemption for the purchase of electric, plug-in hybrid
electric, and hydrogen fuel cell vehicles.
Section 703. The Committee continues a provision allowing funds
made available to agencies for travel to also be used for quarters
allowances and cost-of-living allowances.
Section 704. The Committee continues and modifies a provision
prohibiting the employment of noncitizens with certain exceptions,
including an exemption for recipients of Deferred Action for Child-
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hood Arrivals.
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Section 705. The Committee continues a provision giving agen-
cies the authority to pay GSA bills for space renovation and other
services.
Section 706. The Committee continues a provision allowing agen-
cies to finance the costs of recycling and waste prevention pro-
grams with proceeds from the sale of materials recovered through
such programs.
Section 707. The Committee continues a provision providing that
funds made available to corporations and agencies subject to 31
U.S.C. 91 may pay rent and other service costs in the District of
Columbia.
Section 708. The Committee continues a provision prohibiting
interagency financing of groups absent prior statutory approval.
Section 709. The Committee continues a provision prohibiting the
use of funds for enforcing regulations disapproved in accordance
with the applicable law of the U.S.
Section 710. The Committee continues a provision limiting the
amount of funds that can be used for redecoration of offices under
certain circumstances.
Section 711. The Committee continues a provision to allow for
interagency funding of national security and emergency tele-
communications initiatives.
Section 712. The Committee continues a provision requiring
agencies to certify that a Schedule C appointment was not created
solely or primarily to detail the employee to the White House.
Section 713. The Committee continues a provision prohibiting the
payment of any employee who prohibits, threatens, or prevents an-
other employee from communicating with Congress.
Section 714. The Committee continues a provision prohibiting
Federal training not directly related to the performance of official
duties.
Section 715. The Committee continues a provision prohibiting,
other than for normal and recognized executive-legislative relation-
ships, propaganda, publicity, and lobbying by executive agency per-
sonnel in support or defeat of legislative initiatives.
Section 716. The Committee continues a provision prohibiting
any Federal agency from disclosing an employee’s home address to
any labor organization, absent employee authorization or court
order.
Section 717. The Committee continues a provision prohibiting
funds to be used to provide non-public information such as mailing,
telephone, or electronic mailing lists to any person or organization
outside the government without the approval of the Committees on
Appropriations.
Section 718. The Committee continues a provision prohibiting the
use of funds for propaganda and publicity purposes not authorized
by Congress.
Section 719. The Committee continues a provision directing agen-
cy employees to use official time in an honest effort to perform offi-
cial duties.
Section 720. The Committee continues a provision authorizing
the use of funds to finance an appropriate share of the Federal Ac-
counting Standards Advisory Board.
Section 721. The Committee continues a provision authorizing
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the transfer of funds to GSA to finance an appropriate share of var-
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ious government-wide boards and councils and for Federal govern-
ment priority goals under certain conditions.
Section 722. The Committee continues a provision that permits
breastfeeding in a Federal building or on Federal property if the
woman and child are authorized to be there.
Section 723. The Committee continues a provision that permits
interagency funding of the National Science and Technology Coun-
cil and provides for a report on the budget and resources of the Na-
tional Science and Technology Council.
Section 724. The Committee continues a provision requiring doc-
uments involving the distribution of Federal funds to indicate the
agency providing the funds and the amount provided.
Section 725. The Committee continues a provision prohibiting the
use of funds to monitor personal access or use of Internet sites or
to collect, review, or obtain any personally identifiable information
relating to access to or use of an Internet site.
Section 726. The Committee continues a provision requiring
health plans participating in the Federal Employees Health Bene-
fits Program to provide contraceptive coverage and provides exemp-
tions to certain religious plans.
Section 727. The Committee continues language supporting strict
adherence to anti-doping activities.
Section 728. The Committee continues a provision allowing funds
for official travel to be used by departments and agencies, if con-
sistent with OMB Circular A–126, to participate in the fractional
aircraft ownership pilot program.
Section 729. The Committee continues a provision prohibiting
funds for the implementation of OPM regulations limiting detailees
to the legislative branch and placing certain limitations on the
Coast Guard Congressional Fellowship program.
Section 730. The Committee continues a provision that restricts
the use of funds for Federal law enforcement training facilities.
Section 731. The Committee continues a provision that prohibits
Executive Branch agencies from creating prepackaged news stories
that are broadcast or distributed in the United States unless the
story includes a clear notification within the text or audio of such
news story that the prepackaged news story was prepared or fund-
ed by that executive branch agency. This provision confirms the
GAO opinion dated February 17, 2005 (B–304272).
Section 732. The Committee continues a provision prohibiting
use of funds in contravention of section 552a of title 5, United
States Code (the Privacy Act) and regulations implementing that
section.
Section 733. The Committee continues a provision prohibiting
funds from being used for any Federal government contract with
any foreign incorporated entity which is treated as an inverted do-
mestic corporation.
Section 734. The Committee continues a provision requiring
agencies to pay a fee to OPM for processing retirement of employ-
ees who separate under Voluntary Early Retirement Authority or
who receive Voluntary Separation Incentive payments.
Section 735. The Committee continues a provision prohibiting
funds for the painting of a portrait of an employee of the Federal
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government, including the President, the Vice President, a Member
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125
of Congress, the head of an executive branch agency, or the head
of an office of the legislative branch.
Section 736. The Committee continues a provision limiting the
pay increases of certain prevailing rate employees.
Section 737. The Committee continues a provision requiring
agencies to submit reports to Inspectors General concerning ex-
penditures for agency conferences.
Section 738. The Committee continues a provision prohibiting
funds to be used to increase, eliminate, or reduce funding for a pro-
gram or project unless such change is made pursuant to re-
programming or transfer provisions.
Section 739. The Committee continues a provision prohibiting
agencies from using funds to implement regulations changing the
competitive areas under reductions-in-force for Federal employees.
Section 740. The Committee continues a provision that prohibits
the use of funds to begin or announce a study or a public-private
competition regarding the conversion to contractor performance of
any function performed by civilian Federal employees pursuant to
OMB Circular A–76 or any other administrative regulation, direc-
tive, or policy.
Section 741. The Committee continues a provision ensuring con-
tractors are not prevented from reporting waste, fraud, or abuse by
signing confidentiality agreements that would prohibit such disclo-
sure.
Section 742. The Committee continues a provision prohibiting the
expenditure of funds for the implementation of certain nondisclo-
sure agreements unless certain provisions are included in the
agreements.
Section 743. The Committee continues a provision prohibiting the
use of funds to enter into any agreement with any corporation with
certain unpaid Federal tax liabilities unless an agency has consid-
ered suspension or debarment of the corporation and made a deter-
mination that further action is not necessary to protect the inter-
ests of the government.
Section 744. The Committee continues a provision prohibiting the
use of funds to enter into any agreement with any corporation that
was convicted of a felony criminal violation within the preceding 24
months unless an agency has considered suspension or debarment
of the corporation and made a determination that further action is
not necessary to protect the interests of the government.
Section 745. The Committee continues a provision requiring the
Bureau of Consumer Financial Protection to notify the Committees
on Appropriations of the House and the Senate, the Committee on
Financial Services of the House, and the Committee on Banking,
Housing, and Urban Affairs of the Senate of requests for a transfer
of funds from the Board of Governors of the Federal Reserve Sys-
tem as well as post any such notifications on the Bureau’s website.
Section 746. The Committee continues a provision eliminating
the automatic statutory pay increase for the Vice President and
certain senior political appointees.
Section 747. The Committee includes a new provision regarding
reporting requirements related to the impoundment of resources.
Section 748. The Committee includes a new provision related to
impoundment of resources to prevent and deter unlawful impound-
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ments.
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