Financial Services and General Government Appropriations Bill, 2022 — House Report 117-79
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This is House Report 117-79 of the 117th Congress, 1st Session, titled Financial Services and General Government Appropriations Bill, 2022, 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 July 1, 2021. Mr. Quigley of Illinois reports on H.R. 4345, making appropriations for Financial Services and General Government for the fiscal year ending September 30, 2022. 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 $29,099,897,000 in new discretionary budget authority for fiscal year 2022.
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“Financial Services and General Government Appropriations Bill, 2022 — House Report 117-79.”
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117TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
1st Session 117–79
FINANCIAL SERVICES AND GENERAL GOVERNMENT
APPROPRIATIONS BILL, 2022
JULY 1, 2021.—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. 4345]
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, 2022.
INDEX TO BILL AND REPORT
Page Number
Bill Report
Title I—Department of the Treasury ....................................................... 3 13
Title II—Executive Office of the President and Funds Appropriated to
the President ........................................................................................... 30 35
Title III—The Judiciary ............................................................................. 48 49
Title IV—District of Columbia .................................................................. 57 55
Title V—Independent Agencies ................................................................. 68 60
Administrative Conference of the United States .............................. 68 60
Consumer Financial Protection Bureau ............................................ 60
Consumer Product Safety Commission ............................................. 68 61
Election Assistance Commission ........................................................ 70 62
Federal Communications Commission .............................................. 73 64
Federal Deposit Insurance Corporation ............................................ 75 68
Federal Election Commission ............................................................. 75 68
Federal Labor Relations Authority .................................................... 75 69
Federal Permitting Improvement Steering Council ......................... 76 70
Federal Trade Commission ................................................................ 77 70
45–001
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Page Number
Bill Report
General Services Administration ....................................................... 78 73
Harry S Truman Scholarship Foundation ........................................ 93 88
Merit Systems Protection Board ........................................................ 93 88
Morris K. Udall and Stewart L. Udall Foundation .......................... 94 89
National Archives and Records Administration ............................... 95 90
National Credit Union Administration ............................................. 97 93
Office of Government Ethics .............................................................. 97 93
Office of Personnel Management ....................................................... 97 94
Office of Special Counsel .................................................................... 101 99
Postal Regulatory Commission .......................................................... 101 99
Privacy and Civil Liberties Oversight Board .................................... 101 100
Public Buildings Reform Board ......................................................... 102 101
Securities and Exchange Commission ............................................... 102 101
Selective Service System .................................................................... 105 105
Small Business Administration ......................................................... 105 105
United States Postal Service .............................................................. 111 112
United States Tax Court .................................................................... 113 116
Title VI—General Provisions—This Act ................................................... 113 117
Title VII—General Provisions—Government-wide: Departments,
Agencies, and Corporations ................................................................... 128 119
Title VIII—General Provisions, District of Columbia ............................. 179 123
House of Representatives Report Requirements ..................................... 124
Minority Views ........................................................................................... 205
SUMMARY OF ESTIMATES AND APPROPRIATIONS
The following table compares on a summary basis the appropria-
tions, including trust funds, for fiscal year 2022, the budget request
for fiscal year 2022, and the Committee recommendation for fiscal
year 2022 in the accompanying bill.
SUMMARY TABLE—AMOUNTS IN NEW BUDGET AUTHORITY
[Net Discretionary Funding in Thousands of Dollars]
Fiscal Year Committee Recommendation
compared to
Title 2022
2021 2022 Committee 2021 2022
Enacted Budget Recommendation Enacted Budget
Title I—Department of the Treas-
ury 1 ........................................... $13,488,335 $14,998,191 $14,998,191 +1,509,856 –––
Title II—Executive Office of the
President and Funds Appro-
priated to the President ........... 758,773 825,823 841,073 +82,300 +15,250
Title III—The Judiciary .................. 7,719,832 8,122,562 8,152,134 +432,302 +29,572
Title IV—District of Columbia ...... 747,478 794,494 794,494 +47,016 –––
Title V—Other Independent Agen-
cies 2 ......................................... 1,785,232 4,274,292 3,773,758 +1,988,526 ¥500,534
Title VI—General Provisions—
This Act ..................................... ¥74,150 850 ¥19,150 +55,000 ¥20,000
Title VII—Genral Provisions—
Government-wide ...................... ¥1,000 ¥2,000 ¥500 +500 +1,500
1 Total does not include Program Integrity funding requested in the 2022 Budget and included in the 2022 Committee Recommendation.
2 Total does not include Disaster Relief funding provided under the Small Business Administration.
INTRODUCTION
The Committee recommends a total of $29,099,897,000 in new
discretionary budget authority for fiscal year 2022, which includes
allocation adjustments of $416,897,000 for tax enforcement and
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$143,000,000 for disaster relief. The recommendation is
$4,836,533,000 above the comparable fiscal year 2021 enacted level.
The Committee report refers to certain organizations, offices, and
institutions as follows: the Government Accountability Office as
GAO; the Office of Management and Budget as OMB; the Office of
Personnel Management as OPM; the Internal Revenue Service as
IRS; the General Services Administration as GSA; 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 2022, that was submitted to Con-
gress on May 28, 2021.
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 2022
Committee recommendation include the following:
Internal Revenue Service (IRS).—The fiscal year 2022 budget in-
vests significantly in improving the taxpayer experience, strength-
ening IRS collections and enforcement, and modernizing IRS sys-
tems. The recommendation of $13,156,926,000 in discretionary
funding, a 10.4 percent increase above fiscal year 2021, supports ef-
forts to rebuild IRS after years of budget cuts that have left the
agency understaffed and lacking critical modernized IT. An addi-
tional $416,897,000 is included to increase IRS Enforcement and
Operations Support. Recent hearings and reports have exposed
that the current tax gap of $441 billion is underestimated. The
Committee is pleased with IRS’s efforts to increase oversight of
high-income taxpayers and corporations to ensure all taxpayers are
compliant with tax laws.
IRS played a critical role in the pandemic relief effort by pro-
viding over 480 million economic impact payments to the American
people. This effort continues with the rollout of the monthly Ad-
vanced Child Tax Credit. These payments will help many strug-
gling families and could reduce child poverty in the U.S. by 55 per-
cent. The Committee commends the IRS for their dedication to
serving the American people during these challenging times and
supports the agency as it takes on new initiatives and programs in
the next year.
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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
$805,000,000 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 $500,000,000 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), nearly
doubling funding for the agency’s operating expenses from fiscal
year 2019 to fiscal year 2021. The recommendation continues to
support EAC’s growth and includes $22,834,000, an increase of
$5,834,000 above fiscal year 2021, 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 $190,539,000 for the Fi-
nancial Crimes Enforcement Network (FinCEN), an increase of
$63,576,000 above fiscal year 2021, to implement the programs es-
tablished in that Act. These new programs and authorities, coupled
with the resources included in this bill, will strengthen FinCEN’s
collection and analysis of financial intelligence that can be used by
law enforcement to investigate financial crimes and money laun-
dering. The recommendation also includes $185,192,000 for the Of-
fice of Terrorism and Financial Intelligence, an increase of
$10,192,000 above fiscal year 2021. The additional funds included
in this bill will support Treasury’s continued efforts to protect the
integrity of the U.S. and international financial system.
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-
ploy nearly half of the country’s private workforce. One element
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-
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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 $323,800,000 for EDPs, which
is an increase of $51,800,000 above fiscal year 2021, with a focus
on programs that support underserved entrepreneurs, including
women, veterans, 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
$330,000,000 to the CDFI Fund, an increase of $60,000,000 over
fiscal year 2021, 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 $172,000,000—an increase
of $37,000,000 over fiscal year 2021—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 $389,800,000—a $38,800,000 in-
crease over fiscal year 2021—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
against companies that fail to take reasonable steps to secure cus-
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-
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tion. To that end, the recommendation includes $1,999,663,000—an
increase of $73,501,000 over fiscal year 2021—for the Securities
and Exchange Commission to increase enforcement related to secu-
rities and financial fraud, monitoring of major market participants,
compliance examinations, and investor education activities.
Supporting COVID–19 Response.—The agencies and Depart-
ments funded in the Financial Services and General Government
Act administer numerous programs to help alleviate the financial,
economic, health, and educational impacts of the COVID–19 pan-
demic. In addition to making more than 480 million economic im-
pact payments and supporting the new monthly Advanced Child
Tax Credit, the IRS oversaw an extended tax filing season and
launched new relief initiatives for unpaid tax liabilities. SBA oper-
ates several relief programs to help small business owners im-
pacted by the pandemic, including the Paycheck Protection Pro-
gram, the Shuttered Venue Operators Grant Program, and the Res-
taurant Revitalization Fund. The Department of the Treasury is
administering multiple new programs, to provide assistance to
State, local, territorial, and Tribal governments to respond to the
pandemic and to help homeowners and renters struggling to make
payments for their mortgage, rent, utilities, and other living ex-
penses. The Federal Communicaitons Commission is responsible
for programs expanding telehealth services, enhancing educational
connectivity, and subsidizing broadband services. GSA is also help-
ing to thoroughly clean all Federal buildings and expand digital ac-
cess to the Federal government. The Committee notes that the
agencies it oversees were able to stand up these programs quickly
under trying circumstances, including transitioning most of the
Federal workforce to an unexpected telework regime. The rec-
ommendation includes sufficient funding to continue to operate and
conduct robust oversight of these programs, as well as to keep de-
ploying and upgrading innovations developed during the COVID–
19 pandemic that enhance the government’s ability to reach and
serve the public.
Fostering Diversity and Inclusion.—Decades of systemic discrimi-
nation and unequal opportunity have stifled the progress of Ameri-
cans of color. These inequities have worsened during the COVID–
19 pandemic, with communities of color falling ill and dying dis-
proportionately from coronavirus and lagging other groups in vac-
cination rates. The recommendation includes robust funding to en-
hance diversity and inclusion. This includes initiatives at several
agencies to enhance the collection and publication of demographic
data on Federal hiring and spending. The recommendation pro-
vides funding for the National Archives and Records Administra-
tion to increase digitization of records that document the history of
underserved and underrepresented communities in America, in-
cluding records related to the creation of Historically Black Col-
leges and Universities, and creates a new Commission to identify
names, monuments, statues, and other symbols located on Federal
Government property that are inconsistent with the values of di-
versity, equity, and inclusion. The recommendation also includes a
mandate for GSA to conduct an analysis of prominent Americans
after which Federal buildings are named and identify Federal
buildings that have not been named. The Committee recommends
funding increases for SBA to ensure fair access to capital, Federal
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contracting opportunities, and other resources for all small busi-
nesses, with a focus on programs that support underserved entre-
preneurs. In addition, the recommendation includes funding for
OPM to re-establish a Diversity, Inclusion, Equity, and Accessi-
bility (DIEA) office, consistent with the January 20, 2021, Execu-
tive Order on Advancing Racial Equity and Support for Under-
served Communities Through the Federal Government. This office
will provide Government-wide guidance on DIEA efforts, including
technical assistance to agencies, policy guidance, management of
intergovernmental working groups on DIEA, and development of a
government-wide DIEA strategic plan. The recommendation also
funds a new Diversity Fellowship Program within the Judiciary’s
Defender Services Program that will increase the diversity of attor-
neys qualified to join Federal Defender Offices. The CDFI Fund re-
ceives robust funding to continue to promote economic advance-
ment in underserved communities and for people of color.
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-
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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-
tivities. In addition, prior to any significant reorganization, restruc-
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
2021. 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 2022, and
non-appropriated resources such as fee collections that are used to
meet program requirements in fiscal year 2022.
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 28, 2022. 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.
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OTHER MATTERS AND DIRECTIVES
Reports.—The Committee stresses that all reports are required to
be completed in compliance with the timeframe outlined for each
respective directive. Furthermore, the Committee expects that the
specifications and conditions associated with funding appropriated
by this Act shall be accomplished in the manner as directed in the
report.
Budget Justifications.—Budget justifications are the primary tool
used by the 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 2023 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 2023 to the fiscal year
2022 enacted levels.
Community Project Funding Oversight, Transparency, and Ac-
countability.—The Committee includes, as part of the fiscal year
2022 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
2022 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.
Consistent with those goals, the Committee directs GAO to un-
dertake an audit of Community Project Funding contained in fiscal
year 2022 appropriations legislation, with the goal of informing the
Committee’s consideration of Community Project Funding in subse-
quent fiscal years.
To support those 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-
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10
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 Law Enforcement.—The Committee notes that the Com-
merce, Justice, Science, and Related Agencies Appropriations Act,
2022, directs the Attorney General to continue efforts to implement
training programs to cover the use of force and de-escalation, racial
profiling, implicit bias, and procedural justice; to include training
on the duty of Federal law enforcement officers to intervene in
cases where another law enforcement officer is using excessive
force; and to make such training a requirement for Federal law en-
forcement officers. The Committee further notes that several De-
partments and agencies funded by this Act employ Federal law en-
forcement officers and are Federal Law Enforcement Training Cen-
ters partner organizations. The Committee directs such Depart-
ments and agencies to adopt and follow the training programs im-
plemented by the Attorney General, and to make such training a
requirement for its Federal law enforcement officers. The Com-
mittee further directs such Departments and agencies to brief the
House and Senate Committees on Appropriations on their efforts
relating to training no later than 90 days after the date of enact-
ment of this Act.
In addition, the Committee directs such Departments and agen-
cies, to the extent that such Departments and agencies have not al-
ready done so, to submit their use of force data to the Federal Bu-
reau of Investigation (FBI)’s National Use of Force Data Collection
database. The Committee further directs such Departments and
agencies to brief the House and Senate Committees on Appropria-
tions no later than 90 days after the date of enactment of this Act
on their current efforts to tabulate and submit their use of force
data to the FBI.
Transparency in the Federal Home Loan Banking System.—The
Committee supports the mandate of the Federal Home Loan Bank-
ing 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 mission asset ratios and collect these asset ratios in one
easily accessible webpage to increase transparency in the Federal
Home Loan Banking System.
Customer Service Measures.—The Committee supports efforts to
improve customer service in accordance with Executive Order
13571, ‘‘Streamlining Service Delivery and Improving Customer
Service,’’ and directs all agencies funded by this Act to develop
standards to improve customer service and incorporate the stand-
ards into the performance plans required under title 31 of the
United States Code. The Committee directs the Agencies to submit
a report to the Committees on progress in this regard within 60
days of 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-
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11
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 purchase flags that contain 100 percent American-
made materials. Although current law requires the Federal govern-
ment to purchase flags made of only 50 percent American-made
materials, providing more support for American manufacturers is
recommended.
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.
Funds Management.—The Committee agrees with GAO’s rec-
ommendation to require OMB to publicly post all apportionments
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. In
support of its recommendation, GAO stated: ‘‘The Antideficiency
Act requires OMB to apportion appropriations to prevent the need
for a deficiency or supplemental appropriation. . . . [M]any of
GAO’s inquiries into potential violations of the Impoundment Con-
trol Act include requesting the relevant apportionment documents
from OMB. The public posting of all apportionments and reappor-
tionments would substantially expedite GAO’s inquiries. Moreover,
publicly available apportionments would greatly increase visibility
into OMB’s use of its apportionment authority, enhancing
Congress’s ability to conduct oversight of OMB’s operations.’’ GAO
also said that public posting of apportionments would enable GAO
to provide more timely advice and legal decisions to Congress. Con-
sistent with GAO’s recommendation, the Committee includes a new
requirement to make apportionments of appropriations publicly
available in a timely fashion.
In addition, the Committee notes that apportionments are only
legally binding under the Antideficiency Act to the extent that they
are consistent with the law, and the Committee expects that any
department or agency will promptly notify Congress in the event
that an apportionment contains contrary direction. To that end, the
recommendation includes a provision that requires each 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
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12
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,
consider, and pass legislation—including appropriations—and the
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 Administration’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.
Executive Branch Responsiveness to GAO.—In report B–333181,
GAO detailed the difficulty they have encountered in getting timely
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
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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. Section 145 of OMB Circular A–11 (revised
April 28, 2021) sets out reporting requirements for Antideficiency
Act violation reports, which includes a summary of the cause of the
violation, identification of the position of the officials responsible
for the violation, and descriptions of the actions the agency will
take to prevent the recurrence of such violation. The Committee
commends OMB’s April 2021 revisions to the Circular that restore
the longstanding requirement that Antideficiency Act violation re-
ports are required when GAO finds that a violation has occurred.
Accordingly, the Committee amends the reporting requirements for
Antideficiency Act violations to require more detailed information,
including by codifying and mandating compliance with these exist-
ing reporting practices.
TITLE I—DEPARTMENT OF THE TREASURY
DEPARTMENTAL OFFICES
SALARIES AND EXPENSES
Appropriation, fiscal year 2021 ......................................................... $233,000,000
Budget request, fiscal year 2022 ....................................................... 270,669,000
Recommended in the bill ................................................................... 270,669,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +37,669,000
Budget request, fiscal year 2022 ................................................ –––
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.
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COMMITTEE RECOMMENDATION
The Committee recommends $270,669,000 for Departmental Of-
fices, Salaries and Expenses.
Administrative Funding for COVID Relief Programs.—The Com-
mittee notes the new language proposed in the budget request pro-
viding financial management flexibility to the Department to ad-
minister COVID–19 recovery and stabilization programs. The Com-
mittee will continue to work with the Department to ensure it has
the necessary resources to administer these programs effectively
and efficiently.
COVID Relief for the Motorcoach Industry.—The Committee rec-
ognizes that the motorcoach industry is a central component of the
nation’s transportation infrastructure and provides critical services
across the United States. In 2020, the motorcoach industry was the
primary mode of transportation for evacuating coronavirus-stricken
Americans from cruise ships; for deploying first-responders to areas
impacted by hurricanes and wildfires; and for evacuating many in-
dividuals, including low-income, elderly, and disabled Americans,
from these disaster areas. The American motorcoach industry has
been devastated by the COVID–19 pandemic. The Committee sup-
ports the Department’s administration of the Coronavirus Eco-
nomic Relief for Transportation Services Program, which will pro-
vide eligible transportation service companies with resources to
help maintain payroll, hire back laid-off employees, and cover ap-
plicable overhead and operational 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
of the fiscal year.
Equity Analyses in Annual Revenue Proposals.—The Committee
directs the Department to include racial and gender equity anal-
yses in its annual revenue proposals.
Cybersecurity in the Financial Services Sector.—The National De-
fense Authorization Act for Fiscal Year 2021 formally codified Sec-
tor Risk Management Agencies (SRMAs), which are responsible for
managing engagement between the Federal government and pri-
vate-sector entities within a given critical infrastructure sector. Na-
tional resilience requires that the government and private sector be
able to identify, assess, and mitigate risk across national critical in-
frastructure in order to withstand and quickly recover from an at-
tack. As designated SRMA for the financial services sector, the De-
partment of the Treasury is responsible for protecting the financial
services sector and its customers from the devastating effects of
cyberattacks. The Committee urges continued coordination to de-
velop consistent and workable cybersecurity safeguards across the
financial services sector, including within the payment processing
and financial technology industries. The Committee expects the De-
partment to prioritize the activities of the Office of Cybersecurity
and Critical Infrastructure Protection (OCCIP) to improve commu-
nication and coordination with the financial services sector. OCCIP
is directed to brief the Committee, within 90 days of enactment of
this Act, on its collaborative efforts with the financial services sec-
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tor to enhance cybersecurity controls and safeguards, and the pro-
posed methods and tools to improve these efforts.
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 the Department develops and im-
plements initiatives to educate and empower consumers to make
better informed financial decisions, the Committee directs the De-
partment to work with the Financial Literacy and Education Com-
mission (FLEC) to develop materials that effectively serve at-risk
groups, such as communities of color and historically disadvan-
taged individuals. Further, the Committee encourages the Depart-
ment to explore the degree to which existing Federal financial lit-
eracy programs benefit those individuals with low literacy skills
and to develop measurable goals and objectives for the FLEC that
address the needs of this population. Finally, the Committee urges
the Department to explore opportunities to work with rural com-
munity-based adult and family literacy organizations to promote
and implement future financial literacy initiatives.
Central Bank Digital Currency.—The Committee is aware of on-
going work by the Federal Reserve to assess the possibility of
issuing central bank digital currency and encourages continued
consultation with the Department on this issue.
Federal Insurance Office.—Established under the Dodd-Frank
Wall Street Reform and Consumer Protection Act, the Federal In-
surance Office (FIO) has the authority to monitor all aspects of the
insurance sector, including the extent to which traditionally under-
served communities and consumers have access to affordable insur-
ance products. The Committee urges the Department to ensure the
FIO is supported with the necessary resources to carry out this im-
portant mission.
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.
Climate-Related Financial Risk.—The Committee strongly sup-
ports the President’s Executive Order on Climate-Related Financial
Risk and the Treasury Secretary’s role as the Chair of the Finan-
cial Stability Oversight Council (FSOC), in assessing and identi-
fying climate-related financial risk to financial stability. The FIO
is tasked with assessing climate-related issues or gaps in the su-
pervision and regulation of insurers and the potential for major dis-
ruptions of private insurance coverage in regions of the country
particularly vulnerable to climate change impacts, including areas
with high wildfire activity. The Committee expects the FIO will
make recommendations to help Americans access affordable insur-
ance to mitigate these risks.
Treasury-Backed Green Bonds.—The Department is encouraged
to assess the feasibility and potential benefits of issuing a Treas-
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ury-backed ‘‘Green Bond,’’ a type of fixed-income instrument that
is earmarked to raise money for climate and environmental
projects. Such assessment should examine issues such as tax-
onomy, a national standard for Green Bonds, and proposed uses of
the funds raised by Treasury-backed Green Bonds.
Banking Regulatory and Supervisory Treatment.—The Com-
mittee recognizes the role international banks play in providing
credit to U.S. businesses, enhancing liquidity to financial markets,
and employing people in the United States. The Committee encour-
ages the Secretary, as chair of FSOC, to work in close coordination
with other FSOC member agencies to ensure that the current pru-
dential regulatory and supervisory regimes are aligned and pro-
mote a level playing field between international banks and their
U.S. peers based on their risk profile and footprint within the
United States.
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.
Student Loans.—The Committee urges Treasury, in coordination
with Federal banking regulators, to continue efforts encouraging fi-
nancial institutions to work constructively with private student
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.
Puerto Rico Technical Assistance.—Within 90 days of enactment
of this Act, the Department is directed to provide a report to the
Committee describing how the Department has used its authority
to provide technical assistance to Puerto Rico in fiscal year 2021
and how it plans to use it in fiscal year 2022, in light of any finan-
cial hardships that may have been experienced during the COVID–
19 pandemic.
Opportunity Zones.—The Department is directed to brief the
Committee within 90 days of enactment of this Act on how Oppor-
tunity Zone designations are being leveraged to increase economic
development and job creation, and to drive capital to small busi-
nesses in economically distressed communities.
U.S. Foreign Indebtedness.—The Department is directed to brief
the Committee within 180 days of enactment of this Act on U.S.
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foreign indebtedness, including current levels of foreign indebted-
ness and the potential national security concerns with such indebt-
edness.
COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES FUND
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2021 ......................................................... $20,000,000
Budget request, fiscal year 2022 ....................................................... 20,000,000
Recommended in the bill ................................................................... 20,000,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. –––
Budget request, fiscal year 2022 ................................................ –––
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-
ities, and to collect filing fees.
COMMITTEE RECOMMENDATION
The Committee recommends $20,000,000 for the CFIUS Fund. In
addition, $24,556,000 is recommended under the Salaries and Ex-
penses appropriation for CFIUS activities.
The Committee supports the Department’s efforts to hire and
fully staff operations for CFIUS activities, including its critical role
in reviewing transactions that may pose a national security threat.
The Committee notes the importance of closely monitoring anti-
competitive consolidations that hurt small business and often re-
sult 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 Department is directed
to brief the Committee not later than 90 days after the enactment
of this Act on the process for distributing CFIUS funds across the
interagency. The briefing shall include details on the criteria and
process used to approve CFIUS Fund requests within Treasury and
the interagency. It shall also describe how the Department aggre-
gates and quantifies workload by agency for CFIUS case research
and reviews.
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OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE
SALARIES AND EXPENSES
Appropriation, fiscal year 2021 ......................................................... $175,000,000
Budget request, fiscal year 2022 ....................................................... 185,192,000
Recommended in the bill ................................................................... 185,192,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +10,192,000
Budget request, fiscal year 2022 ................................................ –––
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 $185,192,000 for TFI.
Treasury is directed to include in the Department’s fiscal year
2022 operating plan, submitted pursuant to section 608 of this Act,
a projected allocation of funding by office within TFI, including the
projected allocation of staffing and resources among OFAC’s active
sanctions programs.
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-
ment of prisoners of war and other freedom-fighters.
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 com-
bating corruption and reducing human rights abuses. The Com-
mittee supports the use of funds 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.
OFAC is directed to brief the Committee on the challenges to inves-
tigating, developing, and enforcing sanctions in this region within
90 days of enactment of this Act.
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
money flows that are fueling wars and contributing to regional de-
stabilization.
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OFAC Guidance.—Cash transfer apps frequently use the Depart-
ment’s ‘‘Specially Designated Nationals’’ list to flag potentially sus-
picious transactions. OFAC should consider the potential benefits
of putting guidance on its website indicating what, if any, informa-
tion is kept by OFAC after a flagged transaction has been cleared.
CYBERSECURITY ENHANCEMENT ACCOUNT
Appropriation, fiscal year 2021 ......................................................... $18,000,000
Budget request, fiscal year 2022 ....................................................... 132,027,000
Recommended in the bill ................................................................... 132,027,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +114,027,000
Budget request, fiscal year 2022 ................................................ –––
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 $132,027,000 for the CEA. The rec-
ommendation includes $114,027,000 to support Department-wide
efforts to address the impacts of the SolarWinds attack and to im-
plement measures to minimize the impacts of such incidents in the
future.
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 2021 ......................................................... $6,118,000
Budget request, fiscal year 2022 ....................................................... 6,118,000
Recommended in the bill ................................................................... 6,118,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. –––
Budget request, fiscal year 2022 ................................................ –––
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 $6,118,000 for Department-wide
Systems and Capital Investments Programs.
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OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
Appropriation, fiscal year 2021 ......................................................... $41,044,000
Budget request, fiscal year 2022 ....................................................... 42,362,000
Recommended in the bill ................................................................... 42,362,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +1,318,000
Budget request, fiscal year 2022 ................................................ –––
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-
vide professional advice to agency contracting officials on account-
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 $42,362,000 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.
TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION
SALARIES AND EXPENSES
Appropriation, fiscal year 2021 ......................................................... $170,250,000
Budget request, fiscal year 2022 ....................................................... 175,762,000
Recommended in the bill ................................................................... 175,762,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +5,512,000
Budget request, fiscal year 2022 ................................................ –––
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 $175,762,000 for TIGTA.
Stimulus Payment Reports.—The Committee appreciates TIGTA’s
briefings and reports on the prevention and detection of fraud and
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21
abuse and requests updates on its audits and investigations in this
area. The Committee has a continued interest in TIGTA’s reviews
of IRS’s implementation of programs under the CARES Act, the
Coronavirus Response and Relief Supplemental Appropriations Act,
2021, and the American Rescue Plan Act of 2021, including the dis-
tribution of benefit payments to the American people. The Com-
mittee is especially interested in the implementation of the Child
Tax Credit. TIGTA is directed to assess the IRS’s Child Tax Credit
implementation plan to ensure that the payments are accurate and
information provided by individuals to the IRS using the online
portal is secure.
Enforcement.—The Committee directs TIGTA to review the IRS’s
strategy to recruit and train employees to conduct audits of high-
earners and large businesses that underreport income as well as to
collect taxes from taxpayers who have the ability to pay their out-
standing debts, while also protecting taxpayer rights in the course
of its enforcement efforts.
SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF
PROGRAM
SALARIES AND EXPENSES
Appropriation, fiscal year 2021 ......................................................... $19,000,000
Budget request, fiscal year 2022 ....................................................... 17,000,000
Recommended in the bill ................................................................... 17,000,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. ¥2,000,000
Budget request, fiscal year 2022 ................................................ –––
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 (Public Law 110–343).
SIGTARP’s mission is to conduct, supervise, and coordinate audits
and investigations of the purchase, management, and sale of assets
by the Secretary of the Treasury under programs established pur-
suant to the Troubled Asset Relief Program.
COMMITTEE RECOMMENDATION
The Committee recommends $17,000,000 for SIGTARP, to enable
the office to continue to execute its vital mission to target crime at
financial institutions and protect taxpayer dollars.
Special Hiring Authority.—The Committee notes the new special
hiring authority language proposed in the budget request and will
continue to work with SIGTARP to ensure the agency is able to
backfill critical vacancies with qualified personnel.
FINANCIAL CRIMES ENFORCEMENT NETWORK
SALARIES AND EXPENSES
Appropriation, fiscal year 2021 ......................................................... $126,963,000
Budget request, fiscal year 2022 ....................................................... 190,539,000
Recommended in the bill ................................................................... 190,539,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +63,576,000
Budget request, fiscal year 2022 ................................................ –––
The mission of the Financial Crimes Enforcement Network
(FinCEN) is to safeguard the financial system from illicit use; com-
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22
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 $190,539,000 for FinCEN. The rec-
ommendation includes an increase of $60,279,000 to support
FinCEN’s implementation of the programs and requirements in-
cluded in the Anti-Money Laundering Act of 2020. Of this amount,
$29,126,000 is to develop a system to collect and secure information
on the beneficial ownership of corporations, limited liability compa-
nies, and similar entities. The Committee directs FinCEN to pro-
vide quarterly updates on its progress.
In developing the beneficial ownership database, the Committee
encourages FinCEN to include multilingual name-matching tech-
nology that uses phonetics and linguistics to identify the names of
persons and entities written in different languages in non-stand-
ardized domestic and international data systems.
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.
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BUREAU OF THE FISCAL SERVICE
SALARIES AND EXPENSES
Appropriation, fiscal year 2021 ......................................................... $345,569,000
Budget request, fiscal year 2022 ....................................................... 360,266,000
Recommended in the bill ................................................................... 360,266,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +14,697,000
Budget request, fiscal year 2022 ................................................ –––
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
finances. In addition, the Fiscal Service is the primary agency for
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 $360,266,000 for the Fiscal Service.
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 Fiscal Service to conduct robust market research to
identify qualified small- and medium-sized entrants, and to
prioritize private collection agencies that have the strongest record
of performance and a demonstrated record of compliance with ap-
plicable consumer protection laws. Fiscal Service is directed to brief
the Committee within 90 days of enactment of this Act on this pro-
gram.
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.
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Matured Unredeemed Debt.—The Committee directs Treasury 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 encourages the Fiscal
Service to consider the potential benefits of providing paper savings
bonds to cultivate a culture of concrete savings to be passed down
from generation to generation.
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU
SALARIES AND EXPENSES
Appropriation, fiscal year 2021 ......................................................... $124,337,000
Budget request, fiscal year 2022 ....................................................... 131,330,000
Recommended in the bill ................................................................... 131,330,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +6,993,000
Budget request, fiscal year 2022 ................................................ –––
The Alcohol and Tobacco Tax and Trade Bureau (TTB) is respon-
sible for the enforcement of laws designed to eliminate certain il-
licit activities and the regulation of lawful activities relating to dis-
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 $131,330,000 for the TTB.
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. Within 90 days of enactment of this
Act, the Committee directs the TTB to report on how the funding
will be used to bolster enforcement, forensic audits, and investiga-
tions, particularly in known points in the supply chain that are
susceptible to illegal activity, as well as to increase education ac-
tivities and accessibility to permit holders in all 50 States.
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.
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COMMITTEE RECOMMENDATION
The Committee recommends a spending level for capital invest-
ments by the Mint for circulating coinage and protective services
of $50,000,000 for fiscal year 2022.
Coin Metal Modification.—In the March 2019 report, Financial
Benefit of Switching to a $1 Coin Is Unlikely, but Changing Coin
Metal Content Could Result in Cost Savings, GAO recommended
that Congress consider amending the law to provide the Secretary
of the Treasury with the authority to alter the metal composition
of circulating coins. The Committee supports changes to the metal
content of coins if it reduces costs incurred by the U.S. taxpayers,
allows coins to work interchangeably in most coin acceptors, and
has a minimal adverse impact on the public and stakeholders.
COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND
PROGRAM ACCOUNT
Appropriation, fiscal year 2021 ......................................................... $270,000,000
Budget request, fiscal year 2022 ....................................................... 330,000,000
Recommended in the bill ................................................................... 330,000,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +60,000,000
Budget request, fiscal year 2022 ................................................ –––
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 $330,000,000 for the CDFI Fund
program. Of the amounts recommended, $211,883,000 is for finan-
cial and technical assistance grants, $21,500,000 is for Native Ini-
tiatives, $28,000,000 is for the Bank Enterprise Award Program,
$25,000,000 is for the Healthy Food Financing Initiative,
$10,000,000 is for the Small Dollar Loan Program, and $33,617,000
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.—The Committee supports targeted in-
vestments in impoverished areas. The Committee directs the CDFI
Fund to develop and implement measures to increase the share of
investments in high-poverty census tracts with a poverty rate of at
least 20 percent as measured by the 2011–2015 5-year data series
available from the American Community Survey of the Census Bu-
reau, and any other impoverished areas the CDFI Fund determines
to be appropriate areas to target. The Committee directs the De-
partment to submit a report to the Committees on Appropriations
of the House and Senate within 180 days of enactment of this Act
on its efforts to develop and implement such measures, including
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a description of how such measures are implemented; itemized de-
scriptions of investments in impoverished areas implemented pur-
suant to such measures; and an assessment of the economic impact
of such investments, including, to the extent practicable, data on
impacted individuals disaggregated by household income, race, gen-
der, age, national origin, and disability status. Such report shall in-
clude the percentage of funds invested in fiscal years 2019, 2020,
and 2021 and, when available, estimates for fiscal year 2022, in
high-poverty census tracts and any other impoverished areas the
CDFI Fund determines to be appropriate areas to target.
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
of their activity in fiscal years 2019, 2020, and 2021. The Com-
mittee also supports the CDFI Fund’s efforts to increase the overall
dollar amount invested by awardees in high-poverty areas.
CDFIs in U.S. Insular Areas.—The Committee notes the absence
of CDFIs serving American Samoa, Northern Mariana Islands, and
other U.S. insular areas and recommends that the CDFI Fund use
its Capacity Building Initiative to expand service to these areas to
the extent practicable.
CDFI Program Integration for Individuals with Disabilities.—
The Committee recommends $8,000,000 in dedicated funds for fi-
nancial and technical assistance grants to position more CDFIs to
respond to the housing, transportation, education, and employment
needs of underserved, low-income individuals with disabilities. The
Committee expects CDFIs to incorporate the needs of the disabled
into their business plans and practices.
Within 180 days of enactment of this Act, the CDFI Fund is di-
rected to submit a report to the Committee summarizing the num-
ber of awards, amount of each award, types of programs, impact of
the funding on the number of CDFIs serving the disability commu-
nity, and recommendations to improve the award process to CDFIs
seeking funds for this program.
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.
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 (P.L. 116–260). The Sec-
retary should provide a detailed description of the Department’s ef-
forts to support minority lending institutions, including amounts
and types of assistance and other support the Department provides
to minority lending institutions, and a list of such recipients in 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, 2022.
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INTERNAL REVENUE SERVICE
The Committee bill recommends $13,156,926,000 for the Internal
Revenue Service (IRS), which is an increase of $1,237,872,000, or
10.4 percent, above the fiscal year 2021 enacted level, to administer
the nation’s tax systems. The fiscal year 2022 bill increases funding
above the fiscal year 2021 enacted level in each of the IRS appro-
priations accounts.
In addition, the recommendation includes the requested
$416,897,000 program integrity allocation adjustment to increase
tax collections and reduce the tax gap, including $287,452,000 for
Enforcement and $129,445,000 for Operations Support. These in-
vestments are projected to generate $38,600,000,000 in new direct
revenue over 10 years.
The Committee recommendation includes program increases to
implement Taxpayer First Act initiatives, establish enforcement
strategies to ensure a fair tax system, increase telephone and in-
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 appreciates the IRS’s initial Taxpayer First Act
report to Congress and looks forward to future briefings on IRS’s
proposed budget structure realignment and reorganization. The
Committee recognizes IRS’s request to establish a working capital
fund for IRS centralized services and will continue to discuss budg-
et realignment options with the IRS.
The Committee, and the American people, are appreciative of the
extraordinary efforts undertaken by the IRS to issue more than
480 million Economic Impact Payments, totaling more than $822
billion in 2020 and 2021. However, the additional workload during
filing season and the challenge of transitioning to a remote work
environment during the pandemic, coupled with years of budget
cuts, created historic backlogs and resulted in the lowest levels of
IRS customer service on record. During the filing season, customer
service levels hovered around 15 percent, and the IRS struggled to
handle a backlog of over 25 million tax returns, resulting in de-
layed refunds for American taxpayers. The Committee recommends
an increase of $385,270,000 for Taxpayer Services and expects
these additional resources will help improve customer service and
the overall taxpayer experience.
As part of the American Rescue Plan, the IRS received
$379,000,000 to implement the Advanced Child Tax Credit, which
authorizes monthly payments to eligible individuals starting in
July 2021. The Committee looks forward to improvements to IRS’s
two new portals to help families access the Advanced Child Tax
Credit and the agency’s outreach efforts with partner organizations
to ensure the roughly 39 million households, covering 88 percent of
the children in the United States, receive these payments.
Additionally, Enforcement funding inclusive of the program in-
tegrity allocation adjustment totals $5,750,275,000 and supports
more than 8,000 new Enforcement personnel to conduct investiga-
tions of underreported income and pursue non-compliant taxpayers
to reduce the tax gap. The Committee recognizes that funding and
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staff allocated to enforcement initiatives have declined by 30 per-
cent since 2010 and is pleased to include robust funding to reverse
that trend and improve the fairness of our tax system.
Child Tax Credits and Recovery Rebate Credits.—The American
Rescue Plan Act of 2021 expanded the Child Tax Credit (CTC) to
better meet the needs of low- and middle-income families, including
those not required to file. The American Families Plan would ex-
tend those provisions until 2025. The Committee is aware of the
need to continue outreach and education and to expand digital and
print services for the recently expanded and improved CTC. The
Committee is also aware that there are millions of children and
families who were not eligible for the Child Tax Credit before this
new law. The new law will therefore 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. Addi-
tionally, the Committee strongly encourages the IRS to continue to
work with potentially eligible individuals, including unhoused indi-
viduals and non-traditional filers, to claim both the CTC and Re-
covery Rebate Credit and create an online tool to assist non-filers
in claiming these credits.
The Committee directs the IRS to submit a report no later than
30 days after enactment of this Act with details of how the addi-
tional implementation funding was used to support its outreach to
communities, families, and other customer and community services
resources and what additional funding and resources are needed.
The Committee also directs the IRS to report on the number of
families who newly claimed the CTC under the American Rescue
Plan expansion and filed their taxes this year.
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 2022.
Obligations and Employment.—Within 45 days of the end of each
quarter for calendar year 2022, 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.
Wearable Health Monitoring Devices.—Recent studies indicate
that wearable devices that collect and analyze a variety of physio-
logical parameters can help provide early indicators of the onset of
COVID–19 and similar acute conditions. Similarly, studies have
long indicated that a growing list of wearable devices and associ-
ated software applications that consumers and patients use to col-
lect and analyze physiological parameters such as electrocardio-
gram readings, catastrophic falls, heart rate variability, and tem-
perature have saved lives and helped reduce costs associated with
rehospitalization and other expensive episodes. The Committee en-
courages the Secretary to explore the possibility of treating wear-
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able devices and associated software applications purchased for the
purpose of medical care as a reimbursed expense for medical care
for the purposes of Flexible Spending Accounts and Health Savings
Accounts.
A description of the Committee’s recommendation by appropria-
tion is provided below.
TAXPAYER SERVICES
Appropriation, fiscal year 2021 ......................................................... $2,555,606,000
Budget request, fiscal year 2022 ....................................................... 2,940,876,000
Recommended in the bill ................................................................... 2,940,876,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +385,270,000
Budget request, fiscal year 2022 ................................................ –––
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.
COMMITTEE RECOMMENDATION
The Committee recommends $2,940,876,000 for Taxpayer Serv-
ices.
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 prepara-
tion and filing services provided by the Department of Defense in
all promotional material targeted at military servicemembers.
Certifications 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 paper forms manually, resulting in significant
delays. The Committee believes the IRS should digitize the CoR.
Integrated Digital Experience Act (IDEA).—The Committee sup-
ports the IRS’s efforts to modernize its forms and digital services
consistent with the requirements of the 21st Century Integrated
Digital Experience Act (IDEA) (Public Law 115–336). The Com-
mittee directs the IRS to allocate an additional $10,000,000 to-
wards efforts to modernize its existing website and mobile applica-
tions with the goal of improving up-time and page load speed, sat-
isfy users demand for efficient experiences, and modernize under-
lying technology to support a seamless experience. The Committee
directs the IRS to provide a briefing not later than 180 days after
enactment of this Act on plans to modernize its websites as re-
quired by section 3(a) and (b) of Public Law 115–336.
Customer Service.—The Committee remains concerned with IRS’s
‘‘Level of Service’’ (LOS) that measures IRS telephone customer
service. During the recent filing season, the IRS LOS was at a his-
toric low of 15 percent. Taxpayers made more than 173 million
calls to the IRS, an increase of more than 100 percent from the
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2020 filing season, but many of these calls went unanswered. Of
those that were answered, taxpayers waited an average of 20 min-
utes to speak to an IRS assistor. The Committee will continue to
monitor IRS customer service and directs the IRS to continue to in-
clude in its fiscal year 2023 Congressional budget submission data
on the number of calls received, the number of calls answered by
telephone assistors, and the percentage of all calls answered by
telephone assistors, and to report this data separately for its Ac-
counts Management telephone lines, its compliance telephone lines,
and all telephone lines combined.
Taxpayer ID Theft.—The Committee reminds the IRS of the di-
rective in House Report 116–122 that requires the IRS to report on
the number of taxpayers who have had their tax return rejected be-
cause their Social Security or taxpayer identification number was
improperly used by another individual to commit tax fraud; the av-
erage time to resolve the situation and provide innocent taxpayers
with their refund, when a refund is due; and the number of cases
involving taxpayer identification numbers of residents of the terri-
tories. The report shall also include a discussion on IRS’s progress
and plans to expedite resolution for these taxpayers; to prevent
non-victims from becoming victims; to educate the public on the
threat of identity theft; and to detect, prevent, and combat identity-
based tax fraud and actions. The Committee directs the IRS to con-
tinue their work related to identity theft tax refund fraud in fiscal
year 2022.
Lien Processing at IRS.—The Committee encourages IRS to move
towards electronic processing of lien documents, especially in
States where all counties have the necessary capabilities.
Backlog of Returns.—Within 180 days of enactment of this Act,
the Internal Revenue Service is directed to submit a report to the
Committee clarifying the reasons for the backlog of over 2 million
individual paper returns from calendar year 2020 and rec-
ommendations to prevent similar backlog issues for future filing
seasons.
Virtual Currency Taxation Guidance.—The Committee notes that
the current tax treatment and continuing ambiguities make the tax
filing process incredibly cumbersome for users of cryptocurrency.
This is becoming increasingly problematic with the expanded adop-
tion of cryptocurrencies by individuals and as companies begin to
hold cryptocurrencies on their balance sheet and accept
cryptocurrency for payment transaction. The Committee directs the
IRS to continue to update its guidance on the tax consequences and
basic reporting requirements for taxpayers that use virtual cur-
rencies, including acceptable methods for calculating the fair mar-
ket value of virtual currencies, acceptable methods of determining
the cost basis of virtual currency dispositions, and the tax treat-
ment of tokens resulting from virtual currency network forks. Fur-
thermore, the Committee directs the IRS to produce tax guidance
that discusses the potential use of a de minimis tax exemption as
used in other currency conversions for small transactions from fiat
currency to cryptocurrency or vice versa.
Low-Income Taxpayer Clinics Counseling for the Elderly
(LITC).—The Committee supports the efforts of the LITCs to pro-
vide services to low-income taxpayers and individuals for whom
English is a second language, especially during the pandemic. With
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fiscal year 2020 funding, the LITC Program represented more than
20,000 taxpayers and secured more than $6.8 million in refunds for
low-income taxpayers. The Committee recognizes the need to raise
the LITC grant award amount from $100,000 to $150,000 to con-
tinue the success of the program.
ENFORCEMENT
Appropriation, fiscal year 2021 ......................................................... $5,212,622,000
Budget request, fiscal year 2022 ....................................................... 5,750,275,000
Recommended in the bill ................................................................... 5,750,275,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +537,653,000
Budget request, fiscal year 2022 ................................................ –––
The recommendation includes $287,452,000 in discretionary program integrity allocation adjustment fund-
ing.
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 $5,750,275,000 for Enforcement.
The Committee recommends not less than $60,257,000 to support
IRS activities for the Interagency Crime and Drug Enforcement
program.
White Collar Criminals.—The Committee is concerned about
white-collar criminals’ use of tax havens, low-tax countries, and
other techniques to defraud the Federal government of important
revenue. The Committee is deeply concerned that recent reports
show that the top one percent of U.S. earners do not report 21 per-
cent of their income. 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.
Reducing the Tax Gap.—The IRS reports the most recent tax
gap, which covers filing calendar years 2012–2014, was
$441,000,000,000. This translates to an 83.6 percent voluntary
compliance rate, which has remained relatively constant. Increas-
ing the voluntary compliance rate can have a significant impact on
reducing the tax gap. TIGTA, the National Taxpayer Advocate, and
the GAO have identified measures that contribute to the tax gap
and threaten the tax system’s integrity as well as recommendations
to help reduce it.
The Committee’s recommendation for fiscal year 2022 restores
critical funding to increase audits and examinations. The Com-
mittee encourages the IRS to prioritize audits of high-income indi-
viduals and large corporations that have neglected to pay their full
tax obligation. Additionally, no later than 60 days after enactment
of this Act, the IRS is directed to publish distributional estimates
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32
of the tax gap, showing which income groups are most responsible
for revenue losses.
IRS Audit Rates.—The Committee notes IRS audit rates that are
geographically concentrated in counties that have a higher percent-
age of Black, Hispanic, or Native American taxpayers. The Com-
mittee directs the IRS to submit a report to the Committee, within
90 days of enactment of this Act, identifying whether IRS audit
policies have a disparate impact on minority taxpayers; and what
new tools, authorities, or resources the IRS needs to address this
issue.
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. Addi-
tional agents will help solidify U.S. efforts to combat money laun-
dering and ensure that offenders are prosecuted to the fullest ex-
tent, in conjunction with the Financial Crimes Enforcement Net-
work and the Department of Justice.
Adjusted Tax Basis.—The Committee urges the IRS to evaluate
how best to upgrade and automate its ability to historically verify
the adjusted tax basis of reportable assets, including
cryptocurrencies and alternative investments.
OPERATIONS SUPPORT
Appropriation, fiscal year 2021 ......................................................... $3,928,102,000
Budget request, fiscal year 2022 ....................................................... 4,577,640,000
Recommended in the bill ................................................................... 4,577,640,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +649,538,000
Budget request, fiscal year 2022 ................................................ –––
The recommendation includes $129,445,000 in discretionary program integrity allocation adjustment fund-
ing.
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 $4,577,640,000 for Operations Sup-
port. The recommendation is $649,538,000 above fiscal year 2021.
Information Technology Reports.—Within 30 days of the end of
each quarter for calendar year 2022, 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-
penditures and schedule performance to date, specified by fiscal
year; the costs and schedules for the previous three months; the
anticipated costs and schedules for the upcoming three months;
and the total expected costs to complete IRS’s top five major 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;
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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 2021 ......................................................... $222,724,000
Budget request, fiscal year 2022 ....................................................... 305,032,000
Recommended in the bill ................................................................... 305,032,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +82,308,000
Budget request, fiscal year 2022 ................................................ –––
The Business Systems Modernization (BSM) appropriation pro-
vides funding to modernize key business systems of the IRS.
COMMITTEE RECOMMENDATION
The Committee recommends $305,032,000 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.
ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE SERVICE
(INCLUDING TRANSFER OF FUNDS)
Section 101. The Committee continues a provision that allows for
the transfer of up to four percent of the Enforcement appropriation
and up to five percent of other appropriations made available to the
IRS to any other IRS appropriation, upon the advance approval of
the Committees on Appropriations of the House and the Senate.
Section 102. The Committee continues a provision that requires
the IRS to maintain a training program to include taxpayer rights,
dealing courteously with taxpayers, cross-cultural relations, and
the impartial application of tax law.
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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. The Committee is aware of concerns that reli-
gious beliefs have been used as a factor in the denial of certain or-
ganizations’ tax exempt status under section 501(c)(3) of the Inter-
nal Revenue Code and reminds the IRS of its obligations under sec-
tion 106 of this Act prohibiting consideration of such beliefs in de-
termining an organization’s tax exempt status.
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.
ADMINISTRATIVE PROVISIONS—DEPARTMENT OF THE TREASURY
(INCLUDING TRANSFERS OF FUNDS)
Section 111. 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 112. 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 113. The Committee includes a new provision directing
the transfer of $4,000,000 from the Internal Revenue Service to the
Treasury Inspector General for Tax Administration upon Congres-
sional approval.
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Section 114. The Committee continues a provision that prohibits
the Department of the Treasury from undertaking a redesign of the
one dollar Federal Reserve note.
Section 115. The Committee continues a provision that provides
for transfers from the Bureau of the Fiscal Service to the Debt Col-
lection Fund as necessary for the purposes of debt collection.
Section 116. The Committee continues a provision requiring Con-
gressional approval for the construction and operation of a museum
by the United States Mint.
Section 117. 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 118. 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 2022 until enact-
ment of the Intelligence Authorization Act for fiscal year 2022.
Section 119. 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 120. The Committee continues a provision requiring the
Department to submit a Capital Investment Plan.
Section 121. The Committee continues a provision requiring a re-
port on the Department’s Franchise Fund.
Section 122. The Committee continues a provision requiring
quarterly reports of the Office of Financial Stability and the Office
of Financial Research.
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 2021 ......................................................... $55,000,000
Budget request, fiscal year 2022 ....................................................... 76,262,000
Recommended in the bill ................................................................... 76,262,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +21,262,000
Budget request, fiscal year 2022 ................................................ –––
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 $76,262,000 for the White House.
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EXECUTIVE RESIDENCE AT THE WHITE HOUSE
OPERATING EXPENSES
Appropriation, fiscal year 2021 ......................................................... $13,641,000
Budget request, fiscal year 2022 ....................................................... 15,077,000
Recommended in the bill ................................................................... 15,077,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +1,436,000
Budget request, fiscal year 2022 ................................................ –––
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-
nial functions of the President.
COMMITTEE RECOMMENDATION
The Committee recommends $15,077,000 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 2021 ......................................................... $2,500,000
Budget request, fiscal year 2022 ....................................................... 2,500,000
Recommended in the bill ................................................................... 2,500,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. –––
Budget request, fiscal year 2022 ................................................ –––
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 2021 ......................................................... $4,000,000
Budget request, fiscal year 2022 ....................................................... 4,732,000
Recommended in the bill ................................................................... 4,732,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +732,000
Budget request, fiscal year 2022 ................................................ –––
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 $4,732,000 for the Council of Eco-
nomic Advisers.
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NATIONAL SECURITY COUNCIL AND HOMELAND SECURITY COUNCIL
SALARIES AND EXPENSES
Appropriation, fiscal year 2021 ......................................................... $12,150,000
Budget request, fiscal year 2022 ....................................................... 12,894,000
Recommended in the bill ................................................................... 12,894,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +744,000
Budget request, fiscal year 2022 ................................................ –––
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-
curity policy and serves as the principal means of coordinating ex-
ecutive departments and agencies in the development and imple-
mentation of national security and homeland security policies.
COMMITTEE RECOMMENDATION
The Committee recommends $12,894,000 for the National Secu-
rity Council and Homeland Security Council.
OFFICE OF ADMINISTRATION
SALARIES AND EXPENSES
Appropriation, fiscal year 2021 ......................................................... $100,000,000
Budget request, fiscal year 2022 ....................................................... 110,768,000
Recommended in the bill ................................................................... 110,768,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +10,768,000
Budget request, fiscal year 2022 ................................................ –––
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 $110,768,000 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, and that this disclosure is especially
vital in the formative days of a new Administration. The Com-
mittee is pleased that the Biden-Harris Administration has com-
mitted to reinstating a White House visitors log disclosure policy.
However, the Committee is concerned that social distancing proce-
dures and the resulting increase in virtual meetings will limit the
amount of relevant disclosures and harm the public interest. The
Committee directs the Executive Office of the President to explore
the feasibility of disclosing ‘‘virtual’’ visitors to the Executive Office
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of the President in a manner that provides similar information as
provided for other visitors and that is retroactive to January 20,
2021. The Committee directs EOP to provide a briefing on this
topic no later than 120 days after enactment of this Act.
OFFICE OF MANAGEMENT AND BUDGET
SALARIES AND EXPENSES
Appropriation, fiscal year 2021 ......................................................... $106,600,000
Budget request, fiscal year 2022 ....................................................... 121,854,000
Recommended in the bill ................................................................... 122,854,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +16,254,000
Budget request, fiscal year 2022 ................................................ +1,000,000
The Office of Management and Budget (OMB) assists the Presi-
dent in the discharge of budgetary, economic, management, and
other executive responsibilities.
COMMITTEE RECOMMENDATION
The Committee recommends $122,854,000 for OMB. This in-
cludes $1,000,000 above the request to implement a system to
make publicly available, in an automated fashion, all documents
apportioning an appropriation and all relevant delegations of ap-
portionment authority, as required by Section 204. The rec-
ommendation continues several longstanding provisions, not re-
quested by the President, limiting certain OMB activities.
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 2023 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.
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OMB should also ensure that agency funding requests in fiscal
year 2023 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 2023
budget justifications.
Online Budget Repository.—The Committee includes a new ad-
ministrative provision in the bill requiring OMB to make available
on a website a list of each Federal agency with a link to its budget
justification materials.
Food Safety Modernization Act.—The Committee directs OMB to
work closely with the Food and Drug Administration (FDA) to meet
the timelines for promulgation of rules and regulations outlined in
the FDA Food Safety Modernization Act (Public Law 111–353). The
Committee requests a report every 180 days after the enactment of
this Act describing any rule or regulation that is more than 60
days overdue and the reasons why each rule or regulation is over-
due.
Public Safety Telecommunicators.—The Committee recognizes
that the Standard Occupational Classification System’s (SOC) cat-
egorization of a ‘‘public safety telecommunicator’’ as an ‘‘office and
administrative support occupation’’ is outdated and does not reflect
the nature of this life-saving work. The Committee directs OMB to
re-examine the classification of public safety telecommunicators
under the SOC and to correctly classify them as a ‘‘protective serv-
ice occupation.’’
Retail Redlining.—Redlining is a complex practice that detrimen-
tally impacts employment opportunities, the local tax base, redevel-
opment, and economic growth. The Committee is keenly interested
in this topic and notes that OMB has not complied with previous
directives to report on this issue. OMB is directed to submit a re-
port to the Committee, within 180 days of enactment of this Act,
that examines redlining’s effects on the placement of Class A com-
mercial investment and other business lending in the U.S., particu-
larly in areas with high minority populations. The report shall ex-
amine communities that fail to attract Class A investment despite
meeting relevant median income levels, public transportation ac-
cess, or other requirements for such investment, as well as dis-
incentives for such investment such as higher down payments,
higher interest rates, shorter maturities, extra fees, and outside
collateral requirements. The report shall identify current Federal
programs that may be helpful to communities impacted by retail
redlining and recommendations that might help reduce retail red-
lining practices.
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. The Committee di-
rects OMB to include in its fiscal year 2023 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
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budgetary proposals by OMB to expand the number of programs
that make such targeted investments.
Building Resiliency.—The Committee recognizes that individuals,
businesses, and communities across the country are impacted by
catastrophes on an increasingly frequent basis and believes that a
nationwide effort is necessary to ensure that Federally-supported
infrastructure projects are constructed to meet or exceed adequate
resiliency and sustainability standards. The Committee notes that
the Executive Order on Climate-Related Financial Risk, issued on
May 20, 2021, reinstates Executive Order 13690 of January 30,
2015 (Establishing a Federal Flood Risk Management Standard
and a Process for Further Soliciting and Considering Stakeholder
Input), which partially addresses this issue. The Committee en-
courages OMB, in consultation with stakeholders and international
standards-setting bodies, to update its Guidance for Grants and
Agreements to establish uniform minimum Federal resiliency and
sustainability standards for Federally-supported capital projects
and to continue working with agencies across the Federal govern-
ment to ensure processes are in place to guarantee compliance.
Federal Data on Race and Ethnicity.—Within 120 days of enact-
ment of this Act, OMB is directed to report to the Committee, and
to release to the public, a final report on the activities conducted
and conclusions reached by the Interagency Working Group for Re-
vision of the Standards for Maintaining, Collecting, and Presenting
Federal Data on Race and Ethnicity, consistent with the commit-
ments made in the Notice published on March 1, 2017, at 82 Fed.
Reg. 12242.
Federal Advertising.—The Committee understands that, as the
largest advertiser in the United States, the Federal government
should work to ensure fair access to its advertising contracts for
small disadvantaged businesses, businesses owned by minorities
and women, and local media. As such, the Committee directs OMB
to require each agency to include in its fiscal year 2023 budget jus-
tification expenditures for fiscal year 2021 and 2022 for all con-
tracts for advertising services of Small Business Administration-
recognized socioeconomic subcategory-certified small businesses
and all minority-owned businesses, as well as for local media.
Guidance for Working with Whistleblowers.—The Committee rec-
ognizes that Federal inspectors general have played a vital role
over the past four decades in investigating agency mismanagement,
waste, fraud, and abuse, and in providing recommendations to im-
prove Federal programs and the work of Federal agencies. Whistle-
blowers are equally important in achieving a more effective, eth-
ical, and accountable Federal government. However, attacks on
whistleblowers who make legal disclosures of wrongdoing continue,
discouraging others from coming forward. The Committee encour-
ages the Council of the Inspectors General on Integrity and Effi-
ciency to establish best practices for working with whistleblowers,
and to direct each inspector general to establish a written process
outlining required procedures in this area. All such written process
should be posted publicly on oversight.gov. Those procedures
should cover intake and evaluation, investigations, ongoing commu-
nication with whistleblowers, and training for staff on whistle-
blower retaliation and anonymity. Inspectors general should de-
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velop strong and clear procedures to handle whistleblower claims
against their own offices.
Inclusion of Puerto Rico in Federal Statistical Programs.—The
Committee notes that Puerto Rico is currently excluded from a con-
siderable number of the statistical programs conducted by the prin-
cipal Federal statistical agencies. The absence of accurate, reliable
Federal data hinders efforts to analyze conditions in the territory
and develop informed policy decisions. The Committee directs 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 Com-
mittee encourages the U.S. Chief Statistician to place the subject
of Territorial inclusion in Federal statistical programs on the agen-
da of the Interagency Council on Statistical Policy; develop an ac-
tion plan with short-term, medium-term, and long-term objectives;
and describe this action plan in the Statistical Programs of the
United States Government document submitted annually to Con-
gress, as previously recommended by the Congressional Task Force
on Economic Growth in Puerto Rico.
Infrastructure-as-a-Service in Federal Procurement.—The Com-
mittee is aware that the procurement of information and commu-
nication technology (ICT) by Federal agencies is increasingly uti-
lizing an infrastructure-as-a-service (IaaS) model where agencies
no longer purchase outright computer hardware, peripherals, print-
ers, servers, and software. The Committee notes the significant cost
of ownership as well as important cybersecurity benefits of this
IaaS acquisition model and encourages its continued and expanded
use, but also recognizes the importance of facilitating small busi-
ness competition for these ICT procurements. The Committee di-
rects OMB to examine the government’s use of ICT IaaS procure-
ments and the ability of small businesses to successfully compete
for these types of contracts. OMB should report to the Committee
within 120 days of enactment of this Act with suggestions on im-
provements to the IaaS procurement process to allow better com-
petition for small businesses.
Intergovernmental Cooperative Purchasing Agreements.—The
Committee is aware that conflicting information about intergovern-
mental purchasing has created confusion among local governments
and has discouraged them from utilizing such agreements, which
are a highly successful procurement method. The Committee notes
that Federal regulations encourage non-Federal entities to enter
into intergovernmental agreements when utilizing Federal funding.
The Committee encourages OMB to issue guidance confirming the
eligibility of the use of intergovernmental purchasing by non-Fed-
eral entities so that they can capitalize on the cost and time sav-
ings associated with such agreements.
Metropolitan Statistical Area Designations.—The Committee is
concerned about OMB’s proposal to increase the population thresh-
old for metropolitan statistical areas (MSAs) to more than 50,000.
Hundreds of Federal programs use metropolitan designations to
help allocate funding. Given the potential funding impacts, the
Committee urges OMB to reconsider proceeding with any change to
the definition of an MSA.
Office of Manufacturing and Industrial Innovation.—The Com-
mittee supports creation of an independent office within the Execu-
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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.
Advancing Equity.—Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government (Ex-
ecutive Order 13985) is intended to advance racial equity and sup-
port for underserved communities through the Federal government.
To promote equity, the Committee urges OMB to require each Fed-
eral agency to include a summary of the plan required by section
7 of Executive Order 13985 in its fiscal year 2023 budget justifica-
tion. In addition, the Committee notes that Executive Order 13985
clarifies the Federal government’s essential role in advancing racial
equity and the role data play in tracking progress and holding the
Federal government accountable. The Committee urges the Inter-
agency Working Group on Equitable Data (Data Working Group),
established by section 9 of Executive Order 13985, in accordance
with their described functions, to provide the Committee on Appro-
priations the initial assessment of data collection efforts within
each agency detailing the availability and type of data collected on
race, gender, and other key demographic categories. The Com-
mittee will use this information as a baseline to assess rec-
ommendations and progress by the Data Working Group. The Data
Working Group is urged in fiscal year 2023 to report to the Com-
mittee on Appropriations every 6 months on how its recommenda-
tions will improve the quality and availability of data by race, gen-
der, and other demographic variables, so the Committee can better
understand funding implications and develop targeted solutions to
ensure more equitable outcomes.
Federal and Critical Infrastructure Cybersecurity.—In recent
months, the nation’s information technology and critical infrastruc-
ture—which support global food supply chains, transportation sys-
tems, healthcare providers, and more—have been subject to a dis-
turbing uptick in ransomware and cyberattacks. Executive Order
13800, issued on May 11, 2017, directs agency heads to implement
several risk management and cybersecurity measures, including
the National Institute of Standards and Technology Framework for
Improving Critical Infrastructure Cybersecurity. The Committee is
concerned that agencies have not implemented these foundational
cybersecurity measures, including the following risk-based vulner-
ability management practices: 1) discovering all assets connected to
the agency’s network, 2) continuously assessing and monitoring
these assets for cybersecurity vulnerabilities, 3) managing users to
prevent exploitation from attackers, and 4) prioritizing remediation
of identified cybersecurity vulnerabilities posing the greatest risk.
OMB is directed to report, within 90 days of enactment of this Act,
on the status of compliance with Executive Order 13800 by each
applicable agency. The report shall identify risk management and
cybersecurity compliance gaps and outline steps each agency must
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take to implement risk-based vulnerability management practices.
The report shall include a timeline and cost estimates to meet the
requirements set forth in Executive Order 13800.
Hunger Conference.—The Committee is increasingly concerned
about rising levels of hunger in the United States and challenges
related to the supply chain and delivery of nutritious food to under-
served populations, which was exacerbated by the COVID–19 pan-
demic. The Committee directs OMB to convene a conference on
Food, Nutrition, Hunger, and Health no later than 120 days after
enactment of this Act, for the purpose of developing of a roadmap
to end hunger and improve nutrition by 2030. The conference
should be developed in consultation with Federal, State, and local
officials; anti-hunger, food supply, and health care experts drawn
from across the country; and people with lived experience of hun-
ger. The conference should examine why hunger persists and where
gaps exist, and develop cross departmental strategies to eliminate
hunger. The conference should examine limitations in the nation’s
food supply chain, advancements in nutrition, and ways to improve
health and reduce costs by eliminating hunger and improving ac-
cess to nutritious foods. The conference should also examine how
limited opportunities for economic mobility and other inequities
have contributed to hunger. The conference shall produce a final
report detailing its findings and proposed policies changes to end
hunger and improve nutrition security nationally by 2030.
Hunger Report.—In preparation for the conference on Food, Nu-
trition, Hunger, and Health described above, no later than 90 days
after enactment, OMB shall consult with all Cabinet-level depart-
ments and the Small Business Administration and shall report ini-
tial findings to the Committee. The findings shall identify current
programming that directly or indirectly impacts food insecurity;
specific statutory, regulatory, and budgetary barriers to ending
hunger in the United States and the Territories; existing examples
of coordination mechanisms between Federal agencies, Federal
agencies and state and local governments, and all levels of govern-
ment and program implementers; and additional authorities or re-
sources needed to eliminate hunger and improve nutrition and
health.
INTELLECTUAL PROPERTY ENFORCEMENT COORDINATOR
Appropriation, fiscal year 2021 ......................................................... $1,800,000
Budget request, fiscal year 2022 ....................................................... 1,838,000
Recommended in the bill ................................................................... 1,838,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +38,000
Budget request, fiscal year 2022 ................................................ –––
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 $1,838,000 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
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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 2021 ......................................................... –––
Budget request, fiscal year 2022 ....................................................... $15,000,000
Recommended in the bill ................................................................... 18,750,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +18,750,000
Budget request, fiscal year 2022 ................................................ +3,750,000
The Office of the National Cyber Director (ONCD) was created
in the William M. (Mac) Thornberry National Defense Authoriza-
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 $18,750,000 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. The Committee
directs ONCD to provide a briefing within 90 days of enactment of
this Act outlining its spending plan for funding provided by this
Act and delineating the specific responsibilities of ONCD in rela-
tion to other Federal departments and agencies.
OFFICE OF NATIONAL DRUG CONTROL POLICY
SALARIES AND EXPENSES
Appropriation, fiscal year 2021 ......................................................... $18,400,000
Budget request, fiscal year 2022 ....................................................... 21,300,000
Recommended in the bill ................................................................... 21,300,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +2,900,000
Budget request, fiscal year 2022 ................................................ –––
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
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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 $21,300,000 for ONDCP Salaries
and Expenses.
Administration of HIDTA and DFC.—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 flexi-
bility to address emerging threats. The Committee supports the
President’s fiscal year 2022 budget proposal to keep operational
control over these programs within ONDCP to maintain the inter-
agency benefits needed to address the opioid crisis.
Caribbean Border Counternarcotics Strategy.—The Committee
continues to be concerned about narcotics trafficking and related
violence in Puerto Rico and the U.S. Virgin Islands, home to ap-
proximately 3.3 million American citizens, and their effect on U.S.
States, especially communities along the Eastern seaboard. The
Committee expects that ONDCP will continue to include a Carib-
bean 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.
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FEDERAL DRUG CONTROL PROGRAMS
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
(INCLUDING TRANSFERS OF FUNDS)
Appropriation, fiscal year 2021 ......................................................... $290,000,000
Budget request, fiscal year 2022 ....................................................... 293,500,000
Recommended in the bill ................................................................... 300,000,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +10,000,000
Budget request, fiscal year 2022 ................................................ +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 29 HIDTAs operating in all 50 States plus the District
of Columbia, Puerto Rico, and the U.S. Virgin Islands. Each
HIDTA is managed by an Executive Board comprised of equal
numbers of Federal, State, local, and Tribal officials. Each HIDTA
Executive Board is responsible for designing and implementing 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, an increase of $10,000,000 above fiscal year 2021. The rec-
ommendation includes $3,500,000, as requested, for a new grants
management system.
The Committee notes the additional funds proposed in the re-
quest for auditing services and associated activities to enhance
oversight and accountability in the HIDTA program. The Com-
mittee will continue to work with ONDCP to ensure the necessary
resources are provided to support and oversee this program.
Overdose Detection Mapping Application Program (ODMAP).—
The Committee recognizes the effectiveness of ODMAP in facili-
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 2021 ......................................................... $128,182,000
Budget request, fiscal year 2022 ....................................................... 132,617,000
Recommended in the bill ................................................................... 136,617,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +8,435,000
Budget request, fiscal year 2022 ................................................ +4,000,000
COMMITTEE RECOMMENDATION
The Committee recommends $136,617,000 for Other Federal
Drug Control Programs. The recommended level for fiscal year
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2022 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 ........................................................................ 14,000,000
World Anti-Doping Agency ................................................................ 3,167,000
Model Acts Program ........................................................................... 1,250,000
Community-Based Coalition Enhancement Grants (CARA
Grants) ............................................................................................. 5,200,000
The Committee notes the modifications proposed in the budget
request to increase the cap on administrative funding available for
the DFC and CARA Grants programs. The Committee will continue
to work with ONDCP to ensure the necessary resources are pro-
vided to support and oversee these programs.
UNANTICIPATED NEEDS
Appropriation, fiscal year 2021 ......................................................... $1,000,000
Budget request, fiscal year 2022 ....................................................... 1,000,000
Recommended in the bill ................................................................... 1,000,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. –––
Budget request, fiscal year 2022 ................................................ –––
The Unanticipated Needs account enables the President to meet
unanticipated exigencies in support of the national interest, secu-
rity, or defense.
COMMITTEE RECOMMENDATION
The Committee recommends $1,000,000 for Unanticipated Needs.
INFORMATION TECHNOLOGY OVERSIGHT AND REFORM
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2021 ......................................................... $12,500,000
Budget request, fiscal year 2022 ....................................................... 10,442,000
Recommended in the bill ................................................................... 10,442,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. ¥2,058,000
Budget request, fiscal year 2022 ................................................ –––
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 $10,442,000 for information tech-
nology oversight activities.
SPECIAL ASSISTANCE TO THE PRESIDENT
SALARIES AND EXPENSES
Appropriation, fiscal year 2021 ......................................................... $4,698,000
Budget request, fiscal year 2022 ....................................................... 5,726,000
Recommended in the bill ................................................................... 5,726,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +1,028,000
Budget request, fiscal year 2022 ................................................ –––
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These funds support the executive functions of the Office of the
Vice President.
COMMITTEE RECOMMENDATION
The Committee recommends $5,726,000 for the Office of the Vice
President.
OFFICIAL RESIDENCE OF THE VICE PRESIDENT
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2021 ......................................................... $302,000
Budget request, fiscal year 2022 ....................................................... 313,000
Recommended in the bill ................................................................... 313,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +11,000
Budget request, fiscal year 2022 ................................................ –––
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 $313,000 for the Operating Ex-
penses of the Vice President’s residence.
ADMINISTRATIVE PROVISIONS—EXECUTIVE OFFICE OF THE
PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT
(INCLUDING TRANSFER OF FUNDS)
Section 201. The Committee 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 2022 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 includes a new provision requiring
OMB to implement a system to make publicly available, in an auto-
mated fashion, all documents apportioning an appropriation and all
relevant delegations of apportionment authority, and to provide the
Committee with such information until the automated system is
implemented. This provision also includes a requirement for a con-
temporaneous explanation of the apportionment schedule and any
footnotes for apportioned amounts (as those terms are used in
OMB Circular A–11). This requirement would apply to any appro-
priation apportioned under the President’s apportionment author-
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ity, including appropriations provided in prior years and those in-
cluded in Acts other than appropriations Acts.
TITLE III—THE JUDICIARY
The funds in title III are for the operation and maintenance of
United States Courts and include the salaries of judges, probation
and pretrial services officers, public defenders, court clerks, law
clerks, and other supporting personnel, as well as security costs, in-
formation technology, and other expenses of the Federal Judiciary.
The Committee recommends a total of $8,152,134,000 in discre-
tionary funding for the Judiciary in fiscal year 2022. This is a
$432,302,000 increase above fiscal year 2021 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 realizes the challenges of forecasting financial re-
quirements as the Federal Government transitions back to pre-
COVID work levels and appreciates the Judiciary’s efforts and
transparency with the process. Additionally, the Supreme Court is
commended for their continued success with real-time audio oral
arguments. The Committee is hopeful that the momentum created
from using technology to continue operations during the COVID–
19 pandemic will continue, allowing greater public access to the
courts. The Committee is also keenly interested in how technology
and telework will play a role in the Judiciary’s future as courts re-
open; jury trials resume; and defender, probation, and pretrial
workloads increase.
The Committee is concerned with the safety of all Judicial em-
ployees and with the number of recent attacks and threats made
to Judicial staff. The Committee requests to be kept informed of
the security resources needed to protect the Third Branch of the
Federal Government.
SUPREME COURT OF THE UNITED STATES
SALARIES AND EXPENSES
Appropriation, fiscal year 2021 ......................................................... $94,690,000
Budget request, fiscal year 2022 ....................................................... 97,501,000
Recommended in the bill ................................................................... 98,338,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +3,648,000
Budget request, fiscal year 2022 ................................................ +837,000
COMMITTEE RECOMMENDATION
The Committee recommends $98,338,000 for fiscal year 2022 for
the salaries and expenses of personnel and for the cost of operating
the Supreme Court, excluding the care of the building and grounds.
The Committee includes language making $1,500,000 available
until expended for information technology investments. The Com-
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mittee directs the Court to include with its budget justification ma-
terials a report showing information technology carryover balances
and describing expenditures made in the previous fiscal year and
planned expenditures in the budget year.
Supreme Court Live 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.
CARE OF THE BUILDING AND GROUNDS
Appropriation, fiscal year 2021 ......................................................... $10,618,000
Budget request, fiscal year 2022 ....................................................... 10,309,000
Recommended in the bill ................................................................... 10,309,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. ¥309,000
Budget request, fiscal year 2022 ................................................ –––
COMMITTEE RECOMMENDATION
The Committee recommends $10,309,000 for Care of Buildings
and Grounds, to remain available until expended. The Architect of
the Capitol has responsibility for these functions and supervises
the use of this appropriation.
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
SALARIES AND EXPENSES
Appropriation, fiscal year 2021 ......................................................... $33,500,000
Budget request, fiscal year 2022 ....................................................... 34,280,000
Recommended in the bill ................................................................... 34,506,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +1,006,000
Budget request, fiscal year 2022 ................................................ +226,000
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
$34,506,000 for the United States Court of Appeals for the Federal
Circuit.
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UNITED STATES COURT OF INTERNATIONAL TRADE
SALARIES AND EXPENSES
Appropriation, fiscal year 2021 ......................................................... $20,000,000
Budget request, fiscal year 2022 ....................................................... 20,675,000
Recommended in the bill ................................................................... 20,766,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +766,000
Budget request, fiscal year 2022 ................................................ +91,000
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
$20,766,000 United States Court of International Trade.
COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL
SERVICES
SALARIES AND EXPENSES
Appropriation, fiscal year 2021 ......................................................... $5,393,701,000
Budget request, fiscal year 2022 ....................................................... 5,651,379,000
Recommended in the bill ................................................................... 5,724,360,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +330,659,000
Budget request, fiscal year 2022 ................................................ +72,981,000
COMMITTEE RECOMMENDATION
The Committee recommends $5,724,360,000 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
$9,850,000 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
Injury Act of 1986.
Additional Judges.—The Committee requests the temporary des-
ignation and assignment, pursuant to chapter 13 of title 28 of the
United States Code, of additional judges to those districts with ex-
panding caseloads. As a result of the high level of filings and the
robust caseload within the California jurisdiction, the Judiciary is
directed to brief the Committee within 90 days of enactment of this
Act on how the number of judgeships can be expanded in the Cen-
tral District of California as well as how more judges can be located
in the Eastern Division.
DEFENDER SERVICES
Appropriation, fiscal year 2021 ......................................................... $1,316,240,000
Budget request, fiscal year 2022 ....................................................... 1,409,591,000
Recommended in the bill ................................................................... 1,368,175,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +51,935,000
Budget request, fiscal year 2022 ................................................ ¥41,416,000
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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 $1,368,175,000 for
Defender Services, which is based on the Judiciary’s revised budget
estimates that project a higher fiscal year 2021 carryforward into
fiscal year 2022.
FEES OF JURORS AND COMMISSIONERS
Appropriation, fiscal year 2021 ......................................................... $32,517,000
Budget request, fiscal year 2022 ....................................................... 53,690,000
Recommended in the bill ................................................................... 46,957,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +14,440,000
Budget request, fiscal year 2022 ................................................ ¥6,733,000
COMMITTEE RECOMMENDATION
The Committee recommends $46,957,000 for payments to jurors
and commissioners, which is based on the Judiciary’s revised budg-
et estimates that project a higher fiscal year 2021 carryforward
into fiscal year 2022 and a reduction in estimated fees of jurors due
to the ongoing COVID–19 pandemic.
COURT SECURITY
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2021 ......................................................... $664,011,000
Budget request, fiscal year 2022 ....................................................... 682,140,000
Recommended in the bill ................................................................... 682,265,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +18,254,000
Budget request, fiscal year 2022 ................................................ +125,000
COMMITTEE RECOMMENDATION
The Committee recommends $682,265,000 for Court Security to
provide for necessary expenses of security and protective services
in courtrooms and adjacent areas. The recommendation will pro-
vide for the highest priority security needs identified by the courts
and the U.S. Marshals Service.
ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS
SALARIES AND EXPENSES
Appropriation, fiscal year 2021 ......................................................... $95,675,000
Budget request, fiscal year 2022 ....................................................... 100,342,000
Recommended in the bill ................................................................... 103,628,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +7,953,000
Budget request, fiscal year 2022 ................................................ +3,286,000
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-
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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 $103,628,000 for the AO.
Workplace Misconduct.—The Judiciary is directed to submit a re-
port to the Committee within 180 days of enactment of this Act on
the number of formal workplace misconduct complaints received,
investigations conducted, and types of misconduct alleged or found
in each judicial circuit; each appellate, district, and bankruptcy
court; and each judicial branch agency, including the AO, the Fed-
eral Judicial Center, the Sentencing Commission, and Federal pub-
lic defender offices.
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.
Workplace Survey.—The Committee directs the Director of the
AO to develop and promulgate a model climate survey for use by
courts of appeals, district courts (to include probation and pretrial
services), bankruptcy courts, federal public defender offices, and
the AO to assess their workplace environments, with a particular
emphasis on issues related to workplace conduct. The Director
shall provide a report detailing the status of these efforts no later
than 120 days after the enactment of this Act.
Pilot Program.—The Committee expresses continued interest in
finding ways to expand access to representation under 1915(e)(1) of
title 28, United States Code, and looks forward to receiving the
briefing requested in House Report 116–456 on the potential feasi-
bility of creating a pilot program to broaden access to appointed
representation under title 28.
Judiciary Materials.—The Committee directs the Judiciary to in-
clude 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.
Courthouse Priority Determination.—The Committee is interested
in the priority of courthouse construction projects. The Administra-
tive Office of the U.S. Courts shall submit a report to the Commit-
tees, within 90 days of enactment of this Act, that clearly high-
lights criteria that was decisive in priority determinations, along
with justifications for added projects and priority adjustments
made between fiscal years 2018 through 2022.
FEDERAL JUDICIAL CENTER
SALARIES AND EXPENSES
Appropriation, fiscal year 2021 ......................................................... $29,015,000
Budget request, fiscal year 2022 ....................................................... 31,864,000
Recommended in the bill ................................................................... 32,151,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +3,136,000
Budget request, fiscal year 2022 ................................................ +287,000
COMMITTEE RECOMMENDATION
The Federal Judicial Center (FJC) improves the management of
Federal Judicial dockets and court administration through edu-
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cation for judges and staff and through research, evaluation, and
planning assistance for the courts and the Judicial Conference. The
Committee recommends $32,151,000 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. Not later than 180
days after the enactment of this Act, the Center is directed to re-
port to the Committee on its plans to incorporated national security
considerations into bankruptcy judge educational activities.
UNITED STATES SENTENCING COMMISSION
SALARIES AND EXPENSES
Appropriation, fiscal year 2021 ......................................................... $19,965,000
Budget request, fiscal year 2022 ....................................................... 20,626,000
Recommended in the bill ................................................................... 20,829,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +864,000
Budget request, fiscal year 2022 ................................................ +203,000
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 $20,829,000 for the Commission.
ADMINISTRATIVE PROVISIONS—THE JUDICIARY
(INCLUDING TRANSFER OF FUNDS)
Section 301. The Committee continues language to permit funds
for salaries and expenses to be available for employment of experts
and consultant services as authorized by 5 U.S.C. 3109.
Section 302. The Committee continues language that permits up
to five percent of any appropriation made available for fiscal year
2022 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 2022 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.
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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.
TITLE IV—DISTRICT OF COLUMBIA
FEDERAL FUNDS
FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT
Appropriation, fiscal year 2021 ......................................................... $40,000,000
Budget request, fiscal year 2022 ....................................................... 40,000,000
Recommended in the bill ................................................................... 40,000,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. –––
Budget request, fiscal year 2022 ................................................ –––
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
nationwide, and public two-year community colleges nationwide.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $40,000,000
for the Resident Tuition Support program. The District of Columbia
can contribute local funds to this program and is authorized to
prioritize applications based on income and need if there is demand
for the program beyond the available level of Federal funds.
FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS
IN THE DISTRICT OF COLUMBIA
Appropriation, fiscal year 2021 ......................................................... $51,400,000
Budget request, fiscal year 2022 ....................................................... 25,000,000
Recommended in the bill ................................................................... 25,000,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. ¥26,400,000
Budget request, fiscal year 2022 ................................................ –––
As the seat of the national government, the District of Columbia
has a unique and significant responsibility for protecting the prop-
erty and personnel of the Federal government. The Federal Pay-
ment for Emergency Planning and Security Costs (EPSF) helps ad-
dress the impact of the Federal presence on public safety in the
District of Columbia.
The Committee notes the significant role that the D.C. Metropoli-
tan Police Department (MPD) played in quelling the deadly riot at
the U.S. Capitol on January 6, 2021. At approximately 1:00 pm on
January 6, 2021, the U.S. Capitol Police called the D.C. MPD for
assistance.
MPD was prepared for a significant event that might turn vio-
lent. As a result, all leave and days off for MPD officers were can-
celed the week of January 4, and all MPD officers were working
12-hour shifts. Due to this level of preparation, MPD was prepared
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with staffing to support the U.S. Capitol Police and were able to
respond quickly. During the height of the incident, approximately
850 MPD officers were at the Capitol, and by dawn on January 7,
an estimated additional 250 officers had been in the area to di-
rectly support the response and aftermath.
According to written testimony provided by the Chief of the D.C.
MPD, 65 members of the D.C. MPD were injured and more than
80 D.C. MPD officers tested positive for COVID–19 in the after-
math of the riot. Funding for the EPSF provided in fiscal year 2021
was used to reimburse the District of Columbia for expenditures
made in defense of the U.S. Capitol, Members of Congress, and
their staff.
COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $25,000,000
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 2021 ......................................................... $250,088,000
Budget request, fiscal year 2022 ....................................................... 273,508,000
Recommended in the bill ................................................................... 273,508,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +23,420,000
Budget request, fiscal year 2022 ................................................ –––
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 $273,508,000
for operation of the District of Columbia Courts.
The amount recommended by the Committee includes
$14,366,000 for the Court of Appeals, $133,829,000 for the Superior
Court, $83,443,000 for the Court System, and $41,870,000 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
Appropriation, fiscal year 2021 ......................................................... $46,005,000
Budget request, fiscal year 2022 ....................................................... 46,005,000
Recommended in the bill ................................................................... 46,005,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. –––
Budget request, fiscal year 2022 ................................................ –––
The District of Columbia Courts appoint and compensate attor-
neys to represent persons who are financially unable to obtain such
representation.
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COMMITTEE RECOMMENDATION
The Committee recommends a Federal payment of $46,005,000
for Defender Services in the District of Columbia Courts.
FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER
SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA
Appropriation, fiscal year 2021 ......................................................... $245,923,000
Budget request, fiscal year 2022 ....................................................... 283,425,000
Recommended in the bill ................................................................... 283,425,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +37,502,000
Budget request, fiscal year 2022 ................................................ –––
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 $283,425,000
for CSOSA. Of the amounts provided, $206,006,000 is for Commu-
nity Supervision and Sex Offender Registration and $77,419,000 is
for pretrial services. The recommendation includes $14,747,000 to
remain available until September 30, 2024, for the costs associated
with relocation under replacement leases for headquarters offices,
field offices, and related facilities for CSOSA and $7,304,000, to re-
main available until September 30, 2023, for the costs associated
with a replacement lease and relocation of the Pretrial Services
Agency.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER
SERVICE
Appropriation, fiscal year 2021 ......................................................... $46,212,000
Budget request, fiscal year 2022 ....................................................... 57,676,000
Recommended in the bill ................................................................... 57,676,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +11,464,000
Budget request, fiscal year 2022 ................................................ –––
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 $57,676,000
for PDS for the District of Columbia.
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FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING
COUNCIL
Appropriation, fiscal year 2021 ......................................................... $2,150,000
Budget request, fiscal year 2022 ....................................................... 2,150,000
Recommended in the bill ................................................................... 2,150,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. –––
Budget request, fiscal year 2022 ................................................ –––
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 $2,150,000 to
the Criminal Justice Coordinating Council.
FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS
Appropriation, fiscal year 2021 ......................................................... $600,000
Budget request, fiscal year 2022 ....................................................... 630,000
Recommended in the bill ................................................................... 630,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +30,000
Budget request, fiscal year 2022 ................................................ –––
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 2021 ......................................................... $52,500,000
Budget request, fiscal year 2022 ....................................................... 52,500,000
Recommended in the bill ................................................................... 52,500,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. –––
Budget request, fiscal year 2022 ................................................ –––
The Scholarships for Opportunity and Results (SOAR) Act, as re-
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.
Consistent with the language in the fiscal year 2022 budget re-
quest for the District of Columbia for the Opportunity Scholarship
Program, the Committee expects the Administration to phase out
the Opportunity Scholarship Program in fiscal year 2023. There-
fore, the Committee directs the District of Columbia, in consulta-
tion with the nonprofit corporation that administers the D.C. Op-
portunity Scholarship Program, to submit a plan within 180 days
of enactment of this Act that ensures that students currently par-
ticipating in the program are allowed to complete 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 2021 ......................................................... $600,000
Budget request, fiscal year 2022 ....................................................... 600,000
Recommended in the bill ................................................................... 600,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. –––
Budget request, fiscal year 2022 ................................................ –––
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 2021 ......................................................... $4,000,000
Budget request, fiscal year 2022 ....................................................... 5,000,000
Recommended in the bill ................................................................... 5,000,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +1,000,000
Budget request, fiscal year 2022 ................................................ –––
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-
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 2021 ......................................................... $8,000,000
Budget request, fiscal year 2022 ....................................................... 8,000,000
Recommended in the bill ................................................................... 8,000,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. –––
Budget request, fiscal year 2022 ................................................ –––
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 2021 ......................................................... $3,400,000
Budget request, fiscal year 2022 ....................................................... 3,400,000
Recommended in the bill ................................................................... 3,400,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. –––
Budget request, fiscal year 2022 ................................................ –––
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 $3,400,000 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.
COMMITTEE RECOMMENDATION
The Committee strongly supports the CFPB’s work to empower
and protect consumers by regulating offerings of consumer finan-
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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 2021 ......................................................... $135,000,000
Budget request, fiscal year 2022 ....................................................... 170,000,000
Recommended in the bill ................................................................... 172,000,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +37,000,000
Budget request, fiscal year 2022 ................................................ +2,000,000
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 $172,000,000 for the CPSC. CPSC
has been chronically underfunded in recent years. The rec-
ommendation includes a significant increase to address unfunded
priorities identified by CPSC in prior years, including increased im-
port surveillance, expanded hazard identification capability, and in-
creased Internet surveillance for dangerous products.
The recommendation includes $2,000,000 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 2021 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.
Carbon Monoxide Hazards.—The Committee encourages the
CPSC to continue its efforts to educate the American public on the
dangers of carbon monoxide. Currently, CPSC helps promote car-
bon monoxide safety by raising awareness of carbon monoxide haz-
ards and the need for correct use and regular maintenance of fuel-
burning appliances and by developing voluntary and mandatory
standards for fuel-burning appliances.
Crumb Rubber.—The CPSC is directed to conduct applied re-
search on exposure to potential chronic hazards related to nano-
technology in consumer products and crumb rubber (artificial field
turf and playgrounds). In addition, as part of the Healthy Children
initiative and in coordination with other relevant Federal agencies,
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the CPSC is directed to conduct a hazard analysis and quantitative
risk assessment on crumb rubber to determine whether it may be
‘‘hazardous,’’ as defined in the Federal Hazardous Substances Act.
Within 180 days of enactment of this Act, the CPSC is directed to
provide to the Committee and post online a report on its activities
related to crumb rubber.
Illegal Aerial Fireworks.—The Committee is concerned about on-
going consumer protection issues posed by illegal aerial fireworks.
The Committee directs the CPSC to submit a report within 180
days of enactment of this Act on its investigation of the importation
and shipment of illegal aerial fireworks and to develop rec-
ommendations for stopping their importation and shipment and
educating the public about their danger.
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
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2021 ......................................................... $17,000,000
Budget request, fiscal year 2022 ....................................................... 22,834,000
Recommended in the bill ................................................................... 22,834,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +5,834,000
Budget request, fiscal year 2022 ................................................ –––
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), EAC distributes, administers, and audits HAVA
funds, serves as the Nation’s clearinghouse for information on elec-
tion administration, conducts the Election Administration and Vot-
ing Survey and other studies, develops the Voluntary Voting Sys-
tem Guidelines, accredits testing laboratories and certifies voting
systems, and administers the National Mail Voter Registration
Form in accordance with the National Voter Registration Act of
1993.
COMMITTEE RECOMMENDATION
The Committee recommends $22,834,000 for the Salaries and Ex-
penses of the EAC, of which $1,500,000 shall be transferred to the
National Institute of Standards and Technology (NIST) for election
reform activities authorized under HAVA.
The Committee remains committed to ensuring EAC has the re-
sources necessary to support State and local election officials on all
aspects of election administration, including enhancing election se-
curity.
Discriminatory Election Laws.—The 2020 elections exposed the
discriminatory laws and policies that continue to serve as barriers
to voting for people of color across the country. The Committee sup-
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ports outreach and investments to dismantle these long-standing
barriers, promote full and active participation in the election proc-
ess, and protect the right to vote for all Americans.
Vote-by-Mail.—The proportion of voters that cast ballots by mail
more than doubled from 2016 to 2020. The Committee encourages
EAC to review the lessons learned from the 2020 elections and
make recommendations to States on best practices to improve the
administration of vote-by-mail and expand access to the ballot.
Support to Local Election Jurisdictions.—The Committee urges
EAC to increase outreach and trainings to local election jurisdic-
tions, with particular attention to those jurisdictions which are con-
sistently 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-
tems. The Committee encourages EAC to work with NIST and the
Department of Homeland Security (DHS) to strengthen coordina-
tion with and outreach to State and local election officials on cyber-
security best practices.
Grants for Innovations in Election Administration.—EAC is di-
rected to assess the feasibility of establishing a competitive grant
program for research and other innovative initiatives to improve
election administration. Such initiatives may include (but are not
limited to): combating the dissemination and public acceptance of
misinformation about elections, using data analysis to evaluate the
integrity of State systems, and identifying recommendations for
voter registration, mail ballots, and official communications to mod-
ernize and fortify election systems. EAC is directed to brief the
Committee not later than 90 days after enactment of this Act on
its assessment.
ELECTION SECURITY GRANTS
Appropriation, fiscal year 2021 ......................................................... –––
Budget request, fiscal year 2022 ....................................................... $100,000,000
Recommended in the bill ................................................................... 500,000,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +500,000,000
Budget request, fiscal year 2022 ................................................ +400,000,000
COMMITTEE RECOMMENDATION
The Committee recommends $500,000,000 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
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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
may be used by the States. The EAC shall review all proposed in-
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 50 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 semi-an-
nual financial reports and annual progress reports to the EAC.
FEDERAL COMMUNICATIONS COMMISSION
SALARIES AND EXPENSES
Appropriation, fiscal year 2021 ......................................................... $374,000,000
Budget request, fiscal year 2022 ....................................................... 387,950,000
Recommended in the bill ................................................................... 387,950,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +13,950,000
Budget request, fiscal year 2022 ................................................ –––
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 $387,950,000 for the FCC, to be de-
rived from offsetting collections. The Committee also includes a cap
of $128,621,000 for the administration of spectrum auctions.
Broadband Maps.—The Committee remains highly interested in
implementation of the Broadband DATA Act (P.L. 116–130). The
FCC is directed to provide an updated spend plan and status report
on Broadband Data Act spending no later than 60 days after enact-
ment of this Act.
Mapping Partnership with USPS.—The Committee notes that
the FCC released a report in May 2021 on the feasibility of
partnering with the United States Postal Service to facilitate the
collection of mobile wireless broadband data, as required by the
Broadband DATA Act. The report outlines several challenges but
says that ‘‘the Commission is continuing to explore possible solu-
tions to the issues.’’ The Committee encourages the FCC to con-
tinue its work to address these obstacles and create a feasible part-
nership that will help improve wireless mapping in rural and un-
derserved communities across the country.
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-
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ties. The Committee supports FCC efforts to judiciously allocate
Universal Service Fund (USF) funds for these areas.
Rural Digital Opportunity Fund.—In the Rural Digital Oppor-
tunity Fund (RDOF) Phase I auction, 180 bidders won $9.2 billion
over 10 years to provide broadband to more than 5 million locations
in U.S. States and territories. The RDOF Phase I auction rep-
resents an opportunity to bring broadband access to unserved rural
communities across this country and to help close the digital divide
in rural communities, but the Committee remains concerned about
program implementation. The Committee expects the FCC to fully
enforce its rules related to buildout requirements and performance
tier commitments.
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 home lands; other work by the Office of Native Affairs and Pol-
icy (ONAP); and associated work from other bureaus and offices in
support of ONAP.
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
for many students even after full-time remote learning ends. The
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.
Telehealth Funding.—The Committee notes that the Consoli-
dated Appropriations Act, 2021 (P.L. 116–260) required that ‘‘To
the extent feasible, the Commission shall ensure, in providing as-
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sistance under the COVID–19 Telehealth Program . . . that not
less than 1 applicant in each of the 50 States and the District of
Columbia has received funding from the Program since the incep-
tion of the Program, unless there is no such applicant eligible for
such assistance in a State or in the District of Columbia.’’ The
Committee is pleased that the FCC has decided to adopt rules that
‘‘seek to ensure that at least two applications with lead health care
providers from every state, territory, and the District of Columbia
receive Program funding, if such applications exist.’’ The Com-
mittee supports the FCC’s decision to include all territories of the
United States in its rule adoption.
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,
TV translators, and low-power stations. The Committee is aware of
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.
5G Networks.—The Committee remains concerned about the dig-
ital divide and supports measures to bring broadband services to
unserved and underserved communities as well as to address
broadband affordability and adoption. The Committee also recog-
nizes that ensuring the United States is the global leader in the
5G economy is an economic and national security imperative. The
Committee supports policies to ensure that 5G technologies are de-
veloped domestically and among our allies, and that the United
States leads the world in the deployment of multiple, facilities-
based commercial 5G networks. To that end, the Committee sup-
ports a phased approach to making additional spectrum available
for commercial licensed and unlicensed use. Additionally, the Com-
mittee supports the Commission’s efforts to make more mid-band
spectrum available for auction and flexible commercial use. The
Committee opposes efforts to use Federally allocated spectrum to
create a national wholesale 5G network owned, operated, or con-
trolled by the government and continues to support private sector
efforts to deploy 5G.
Transmissions of Local Television Programming.—The Com-
mittee encourages consumer access to local television program-
ming, especially in rural areas, for its economic, safety, and cul-
tural importance. The Committee notes that many broadcast sta-
tions do not neatly conform to Nielsen-measured designated market
area boundaries, preventing many satellite television viewers from
accessing local news, politics, sports, and emergency programming.
The Committee also notes that despite the reforms made to the
Satellite Television Extension and Localism Reauthorization
(STELAR) Act of 2014, many communities continue to struggle
with market modification petitions to the FCC. The Committee is
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particularly concerned with the lack of clarity regarding the tech-
nical and economic feasibility requirement. In reviewing this re-
quirement, the FCC should provide a full analysis to ensure deci-
sions on market modification are comprehensively reviewed and
STELAR’s intent to promote localism is retained. The Committee
therefore directs the FCC to adhere to statutory requirements and
Congressional intent when taking administrative action related to
satellite television carriage issues.
Robocalls.—The Committee remains concerned about the rapidly
growing problem of robocalls and understands that the Commission
receives more consumer complaints about robocalls than any other
single issue. The Commission is directed to provide a report to the
Committee within 90 days of enactment of this Act detailing the
status of implementation of the TRACED Act, (P.L. 116–105).
Robocall Penalty Collection.—The Committee is aware of 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.
5G Supply Chain.—The Committee notes the importance of a se-
cure 5G technology supply chain. The Committee encourages the
FCC to investigate options for increasing supply chain diversity,
bolstering competition in the 5G equipment market, and strength-
ening 5G network security via hardware and software solutions
that use virtualization technology, open standard-based interfaces,
and interoperable equipment.
USF Contribution Reform.—In recognition of the ongoing rapidly
changing communications industry landscape, the Committee be-
lieves it is imperative that the FCC work with the Federal-State
Joint Board on Universal Service on recommendations for USF
modernization, including contribution reform to ensure the long-
term sustainability and viability of the USF programs and resolve
inequities in the current contributions structure.
Lifeline Participation.—According to Universal Service Adminis-
trative Company estimates, less than 30 percent of eligible house-
holds participate in the Lifeline program. The Committee encour-
ages the FCC to expeditiously address all recommendations made
in GAO Report 21–235 to increase consumer awareness of and im-
prove user experience with Lifeline. The Committee also encour-
ages the FCC to work with community-based organizations to con-
duct outreach in areas with large amounts of unserved eligible
households about the availability of the Lifeline program.
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.
Cloud Migration.—The Committee recognizes the importance of
cloud migration for continued FCC operations and cybersecurity.
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Throughout much of the last decade, the FCC has released plans
for IT modernization and cloud migration with the intention of de-
creasing their data center footprint in accordance with the Data
Center Optimization Initiative (DCOI) mandated by Federal Infor-
mation Technology Acquisition Reform Act (P.L. 113–291). The
FCC is directed to provide a report to Committee no later than 120
days after enactment of this Act on its plans for re-architecting leg-
acy systems, moving to commercial cloud solutions, and complying
with DCOI.
Municipal Broadband.—The Committee urges the FCC to study
the role of municipal-owned networks in expanding broadband ac-
cess to unserved and underserved communities.
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 continues a provision relating to
Universal Service Fund payments for wireless providers.
FEDERAL DEPOSIT INSURANCE CORPORATION
OFFICE OF THE INSPECTOR GENERAL
Appropriation, fiscal year 2021 ......................................................... $42,982,000
Budget request, fiscal year 2022 ....................................................... 46,500,000
Recommended in the bill ................................................................... 46,500,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +3,518,000
Budget request, fiscal year 2022 ................................................ –––
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 $46,500,000 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 2021 ......................................................... $71,497,000
Budget request, fiscal year 2022 ....................................................... 76,500,000
Recommended in the bill ................................................................... 76,500,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +5,003,000
Budget request, fiscal year 2022 ............................................... –––
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.
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COMMITTEE RECOMMENDATION
The Committee recommends $76,500,000 for the Salaries and Ex-
penses of the FEC.
FEC Staffing.—The FEC is tasked with the critical mission of
protecting the integrity of the Federal campaign finance process.
The growth in small-dollar campaign donations and recent changes
to fundraising and spending practices of political committees has
caused an exponential growth in the volume of campaign finance
data that the FEC must process, review, and disclose to the public.
Between the 2018 and 2020 election cycles, the number of cam-
paign finance transactions reported to the FEC more than doubled
from nearly 300 million to over 600 million. While the FEC has re-
alized efficiencies in the past several years, the growth in workload
has outpaced the FEC’s resources and personnel. The Committee
recommendation supports the budget request to backfill critical va-
cancies to manage this growing workload. To support future budget
requests, the Committee encourages the FEC to develop a staffing
model to determine the number of personnel needed to ensure the
agency is appropriately resourced to meet its mission. The FEC is
directed to brief the Committee not later than 180 days after the
enactment of this Act on its progress on this issue.
Zombie Campaigns.—The Committee supports the FEC’s actions
to continue to investigate the use of dormant campaign accounts,
also known as ‘‘zombie campaigns,’’ for personal use by former can-
didates, especially in light of the record-setting fundraising from
the 2020 Presidential election campaign. The Committee directs
the FEC to submit a report, not later than 120 days after the en-
actment of this Act, detailing the agency’s efforts to investigate the
personal use of dormant campaign funds by former candidates. The
report shall include any appropriate legislative recommendations
for Congress to improve the agency’s oversight capacity on this
issue.
FEDERAL LABOR RELATIONS AUTHORITY
SALARIES AND EXPENSES
Appropriation, fiscal year 2021 ......................................................... $26,600,000
Budget request, fiscal year 2022 ....................................................... 29,247,000
Recommended in the bill ................................................................... 29,247,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +2,647,000
Budget request, fiscal year 2022 ................................................ –––
Established by title VII of the Civil Service Reform Act of 1978,
the Federal Labor Relations Authority (FLRA) serves as a neutral
arbiter in the labor activities of non-postal Federal employees, De-
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.
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COMMITTEE RECOMMENDATION
The Committee recommends $29,247,000 for the FLRA.
FEDERAL PERMITTING IMPROVEMENT STEERING COUNCIL
ENVIRONMENTAL REVIEW IMPROVEMENT FUND
Appropriation, fiscal year 2021 ......................................................... $10,000,000
Budget request, fiscal year 2022 ....................................................... 10,650,000
Recommended in the bill ................................................................... 10,000,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. –––
Budget request, fiscal year 2022 ................................................ ¥650,000
This account funds the authorized activities of the Environ-
mental Review Improvement Fund and the Federal Permitting
Steering Council (FPISC). The FPISC leads ongoing government-
wide efforts to modernize the Federal permitting and review proc-
ess for major infrastructure projects and works with Federal agen-
cy partners to implement and oversee adherence to the statutory
requirements set forth in the Fixing America’s Surface Transpor-
tation Act.
COMMITTEE RECOMMENDATION
The Committee recommends $10,000,000 for the FPISC.
FEDERAL TRADE COMMISSION
SALARIES AND EXPENSES
Appropriation, fiscal year 2021 ......................................................... $351,000,000
Budget request, fiscal year 2022 ....................................................... 389,800,000
Recommended in the bill ................................................................... 389,800,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +38,800,000
Budget request, fiscal year 2022 ................................................ –––
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 $389,800,000 for the FTC. The Con-
gressional Budget Office estimates $138,000,000 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-
tion requirement for this account.
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-
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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.
Non-Foreign Areas.—The Committee remains concerned that
some companies and corporations engaged in interstate commerce
are unwilling to ship products to Alaska, Hawaii, Puerto Rico, and
the other U.S. territories, as is offered for the continental United
States, or are only willing to ship to these areas at significantly
higher rates. The Committee believes that these non-foreign areas
must be afforded equal treatment to the other 48 states. The Com-
mittee requests the FTC to continue monitoring these inequalities
in interstate commerce and to continue issuing relevant outreach
and educational materials.
Unproven Stem Cell Products.—The Committee commends the
FTC for its recent enforcement actions against companies making
deceptive health claims about the safety and efficacy of unap-
proved, unproven stem cell products. Unproven stem cell products
have put many patients at risk and resulted in patients being
blinded, paralyzed, and infected with dangerous pathogens. The
Committee encourages the FTC to continue to prioritize enforce-
ment actions against companies making deceptive and unproven
health claims regarding the safety and efficacy of unapproved stem
cell-based products. Further, the Committee encourages the FTC to
continue to coordinate with the Food and Drug Administration to
optimize its enforcement and consumer education activities.
Cryptocurrency.—Cryptocurrencies are digital assets that use
cryptography to secure or verify transactions. They are not created
by a government or central bank, but they can be exchanged for
U.S. dollars or other government-backed currencies. As consumer
interest in cryptocurrencies has grown, so have scams such as de-
ceptive investment and business opportunities, bait-and-switch
schemes, and deceptively marketed mining machines. The Com-
mittee encourages the FTC to work with the Securities and Ex-
change Commission, other financial regulators, consumer groups,
law enforcement, research organizations, and other public and pri-
vate stakeholders to identify and investigate fraud related to
cryptocurrencies market and discuss methods to empower and pro-
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tect consumers. The Committee recommends that the FTC increase
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.
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. The Committee appreciates the FTC’s
timely and comprehensive report, ‘‘Nixing the Fix: An FTC Report
to Congress on Repair Restrictions,’’ issued in May 2021. The re-
port notes that ‘‘[t]o address unlawful repair restrictions, the FTC
will pursue appropriate law enforcement and regulatory options, as
well as consumer education, consistent with our statutory author-
ity.’’ The Committee requests a briefing, within 120 days of enact-
ment of this Act, on law enforcement, regulatory, and educational
actions the agency has taken in relation to the Magnuson-Moss
Warranty Act since the publication of that report, including an as-
sessment of how repair restrictions might impact rural commu-
nities, communities of color, and indigenous communities.
Environmental Marketing Claims.—The Committee is concerned
that the rise in consumer demand for ‘‘environmentally friendly’’
products and services has resulted in the marketing of products as
recyclable, compostable, or sustainable that do not reflect consumer
understanding of recyclability or compostability or the realities of
the recycling and composting process. The FTC Green Guides are
designed to help marketers avoid making environmental claims
that mislead consumers. However, the Green Guides were last up-
dated in 2012, and in the sections on recyclability, the Guides ad-
dress the availability of recycling facilities but not the access or vi-
ability of the end-market for those products. The Committee be-
lieves that an update to the Green Guides is overdue, given the
shifts in the marketplace, and requests the FTC to initiate a review
of the Green Guides and develop updated guidance for marketers.
The FTC should examine the viability of materials end-markets,
should work with the Environmental Protection Agency to conform
the guides to the national standard recycling label, and should con-
sider whether additional marketer and consumer educational ac-
tivities are warranted.
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 is aware of the significant
increase in online activity by children during the COVID 19 pan-
demic and is concerned that this may lead to a greater opportunity
for bad actors to unlawfully gather and use children’s personal in-
formation. The Committee urges the FTC to prioritize investiga-
tions into potential violations of the Children’s Online Privacy Pro-
tection Act Rule (COPPA Rule) and to incorporate findings from
new and recent cases relating to children’s privacy into its ongoing
COPPA Rule review process. Not later than 120 days after the en-
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actment of this Act, the FTC is directed to provide to the Com-
mittee a report detailing the current amount of resources and per-
sonnel focused on enforcing the COPPA Rule; the number of inves-
tigations into violations of the COPPA Rule in the past 5 years;
and the types of relief obtained, if any, for any completed investiga-
tions.
Flushable Wipes.—The Committee is concerned about products
marketed as ‘‘flushable wipes’’ that are not actually flushable. Such
wipes can clog homeowner and municipal sewer pipes and damage
wastewater treatment equipment, necessitating expensive repairs.
The Committee notes that the FTC final consent order with Nice-
Pak Products, Inc., required Nice-Pak to substantiate its
flushability advertising claims. The Committee encourages the FTC
to investigate the marketing claims of other flushable wipe manu-
facturers to ensure that such companies are not misrepresenting
the nature of their products.
Contact Lenses.—The Committee supports maintaining long-
standing regulation and oversight of the contact lens marketplace
in the recently finalized Contact Lens Rule. The Committee sup-
ports the Commission’s efforts to enforce the Rule’s verification re-
quirements, particularly related to new online market entrants.
Online Marketplaces.—The Committee encourages the FTC to in-
crease enforcement efforts to stop the sale of counterfeit and pirat-
ed goods on online marketplaces.
GENERAL SERVICES ADMINISTRATION
The Committee continues several reporting requirements for the
General Services Administration (GSA) for fiscal year 2022.
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
year 2021. 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.
Land Ports of Entry State of the Portfolio.—Within 90 days of en-
actment of this Act, GSA is directed to provide the Committee a re-
port on the state of the land ports of entry portfolio. The content
of this report shall include, but shall not be limited to, a prioritized
list of new construction and major repairs and alterations projects.
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.
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 2021 ..................................... $9,065,489,000
Limitation on availability, budget request, fiscal year 2022 .......... 10,931,485,000
Recommended in the bill ................................................................... 10,405,316,000
Bill compared with:
Availability limitation, fiscal year 2021 .................................... +1,339,827,000
Availability limitation, fiscal year 2022 request ...................... ¥526,169,000
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 $10,405,316,000 for the FBF.
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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.
Light Touch Facilities.—The Committee encourages GSA’s Public
Buildings Services to continue to explore new tools and facility en-
hancements that achieve dual purpose of ensuring security and
combating against communicable diseases, including commercially
available technology and products that allow individuals to move
through facilities while touching as few surfaces as possible, such
as touchless, automatic doors. GSA is strongly encouraged to evalu-
ate the deployment of this technology across the leased and owned
Federal real estate portfolio, taking into consideration expected
life-of-the-product costs including repairs and maintenance, and
should source products used for these improvements in a manner
that supports U.S. manufacturing jobs.
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.
Improving Building Resiliency.—The Committee is aware that
increasingly destructive natural catastrophes are occurring with
greater frequency and are as equally devastating to Federal assets
as they are to property owned by individuals, businesses, and com-
munities. The Committee directs GSA to establish uniform min-
imum Federal resiliency and sustainability standards for Federal
buildings and to promulgate rules or issue guidance to require that
every public building constructed, acquired, or altered by GSA con-
form to such standards.
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.
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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. Fi-
nally, the Committee directs GSA to submit a report on its efforts
within 120 days of enactment of this Act that includes the re-
sources necessary to carry out this request.
Plumbing Requirements.—During the next revision of GSA’s
building construction requirements (GSA P100), the Committee di-
rects GSA to evaluate additional codes and standards, including
those that have achieved American National Standard Institute
(ANSI) designation, or were developed by an ANSI Audited 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 is con-
cerned that GSA solicitations for design services in 2019 and 2020
established a de facto preferred architectural design style outside
of the design process. The Committee directs GSA to strictly adhere
to the Guiding Principles of Federal Architecture of 1962 in all so-
licitations for design services and other procurement 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.
Building Feasibility Study and Prospectus Activities Relating to
CDC Chamblee Campus.—The Committee directs GSA to complete
a feasibility study of the Internal Revenue Service facility located
on land adjacent to Centers for Disease Control and Prevention’s
(CDC) Chamblee Campus. This feasibility study will provide data
to determine cost and options for viable next steps to support fu-
ture agency growth and to ensure that Federal land is utilized in
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the best manner while meeting CDC’s long term operational goals
to expand currently-owned space and eliminate costly leased space.
CONSTRUCTION AND ACQUISITION
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2021 ..................................... $230,000,000
Limitation on availability, budget request, fiscal year 2022 .......... 417,202,000
Recommended in the bill ................................................................... 616,702,000
Bill compared with:
Availability limitation, fiscal year 2021 .................................... +386,702,000
Availability limitation, fiscal year 2022 request ...................... +199,500,000
The construction and acquisition fund finances the project cost of
design, construction, and management and inspection costs of new
Federal facilities.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $616,702,000 for the
following projects:
State Description Amount
CA ..................................... Calexico, United States Land Port of Entry ........................................................ $103,376,000
DC ..................................... DHS Consolidation at St. Elizabeths ................................................................... 253,797,000
DC ..................................... Southeast Federal Center Remediation ............................................................... 9,000,000
MO ..................................... Kansas City, Former Hardesty Federal Complex Remediation ............................ 28,553,000
Nationwide ........................ United States Courthouse Construction .............................................................. 221,976,000
Courthouse Construction.—The recommendation provides for
funding for the Judiciary’s two highest priority courthouse con-
struction projects of the Federal Judiciary in the ‘‘Federal Judiciary
Courthouse Project Priorities’’ plan approved by the Judicial Con-
ference of the United States in September 2020, and submitted to
the House and Senate Committees on Appropriations on February
23, 2021. This includes funding for the site and design work for the
Judicial Space Emergency Courthouse construction project and
completion of the next highest priority courthouse from the Federal
Judiciary Courthouse Project Priorities list. The Committee also
encourages the Administration to request additional funding for
courthouse construction programs in fiscal year 2023 to address
other courthouse project priorities as approved by the Judicial Con-
ference of the United States.
Mexico-American Border Coordinators.—Mexico is the second
largest importer of all goods into the United States, in addition to
being the second largest recipient of all goods exported by the
United States. The Committee is concerned that a lack of coordina-
tion among Customs and Border Protection (CBP), GSA, the De-
partment of Transportation, and other relevant Federal agencies is
hampering freight infrastructure development at land ports of
entry with the highest amount of annual trade at the southwest
border, which are critical to maintaining this bilateral trade rela-
tionship. Therefore, the Committee directs GSA to designate a bor-
der infrastructure coordinator in each region along the southwest
border to facilitate more efficient development of these projects and
to coordinate with the appropriate counterpart within the Mexican
government. The Committee further directs GSA to submit a report
within 120 days of the enactment of this Act on its efforts in this
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regard and any additional resources necessary to support these po-
sitions.
Land Ports of Entry—Centers of Excellence.—The Committee is
concerned that many U.S. land ports of entry on the southwest bor-
der were either not designed to accommodate asylum seekers or do
not have adequate space to process the large numbers of asylum
seekers who legally present themselves for primary inspection by
CBP officers. The lack of processing space at land ports of entry
strands vulnerable asylum seekers in Mexico and leads some to at-
tempt to cross illegally in more remote locations between the ports
of entry, further overwhelming U.S. Border Patrol resources. The
Committee directs GSA, in conjunction with CBP, to explore estab-
lishing a Center of Excellence to prioritize Construction and Acqui-
sition program funding for major repairs and alterations at south-
west border land ports of entry that have the highest number of
asylum seekers, including the costs associated with establishing
such a Center of Excellence. The Committee urges the Department
to collaborate with local academic institutions at the border in the
creation of the Center of Excellence. The Administrator is further
directed to brief the Committee within 120 days of enactment of
this Act on the prioritization of and investments for all Capital Pro-
gram—Construction and Acquisition projects.
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.
New Federal Bureau of Investigation Headquarters.—The Com-
mittee recognizes GSA’s extensive time and taxpayer investment in
reviews of Request for Expressions of Interest applications that re-
sulted in the selection of three acceptable sites in the National
Capital Region to host the fully consolidated Federal Bureau of In-
vestigation (FBI) Headquarters. The Committee directs GSA to
work with the FBI to submit a prospectus for a new, fully-consoli-
dated headquarters building in the National Capital Region that
complies with prior Congressional directives and conditions set
forth under the December 8, 2011 Senate Environment & Public
Works Committee GSA Resolution. Any fully consolidated head-
quarters building should meet Interagency Security Committee
Level V security standards as further described in the General
Services Administration’s Fiscal Year 2017 PNCR–FBI–NCR 17.
Future of Federal Office Space.—The Committee notes that prior
to the COVID–19 pandemic that some office space within the Fed-
eral Buildings Fund was underutilized. As a result of the pan-
demic, many agencies maximized their use of telework beginning
in March 2020 and are continuing to telework. This expanded use
of telework presents an opportunity for the Executive Branch to re-
consider its office space requirements. Therefore GSA, in coordina-
tion with OMB, shall report to the Committee within 180 days of
enactment of this Act on how the Federal government can reduce
its office space requirements based on the lessons learned from the
use of telework during the pandemic. The report shall include esti-
mated savings in rent for leased space, building operations, and
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utilities within the Federal Buildings Fund each year over the next
ten years because of the expanded use of telework and a declining
need for office space.
The Committee wants to ensure that the limited amount of con-
struction and renovation funding available is not used to provided
office space that will be underutilized. Therefore, the Committee di-
rects that prior to any prospectus level construction or renovation
investment within the Federal Buildings Fund, GSA, OMB, and
the agency occupying the space conduct an analysis of the occu-
pying agency’s office requirements in light of the telework lessons
learned during the pandemic. GSA shall include this information in
any prospectus submitted pursuant to 40 U.S.C. 3307 in fiscal year
2023.
REPAIRS AND ALTERATIONS
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2021 ..................................... $576,581,000
Limitation on availability, budget request, fiscal year 2022 .......... 1,656,093,000
Recommended in the bill ................................................................... 1,037,585,000
Bill compared with:
Availability limitation, fiscal year 2021 .................................... +461,004,000
Availability limitation, fiscal year 2022 request ...................... ¥618,508,000
The repairs and alterations activity funds the project cost of de-
sign, construction, management, and inspection for the repair, al-
teration, and modernization of existing real estate assets in addi-
tion to various special programs.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $1,037,585,000 to re-
main available until expended for repairs and alterations.
Major Repairs and Alterations.—The Committee recommends
$432,625,000 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.
The Committee directs GSA to submit a detailed plan, by project,
regarding the use of Major Repairs and Alterations funds, not later
than 45 days after enactment of this Act. GSA is further directed
to provide notification to the Committee not less than 15 days prior
to any changes in the use of these funds.
Basic Repairs and Alterations.—The Committee recommends
$384,960,000 for non-recurring repairs and alterations projects be-
tween $10,000 and the current prospectus threshold of $3,095,000.
Special Emphasis Programs.—The Committee recommends
$220,000,000 for special emphasis programs. This funding includes:
Consolidation Activities ..................................................................... $25,000,000
Climate and Resilience ...................................................................... $100,000,000
Fire Protection and Life Safety Program ......................................... $50,000,000
Child Care Facilities Security and Systems Improvements ........... $45,000,000
Energy Performance Savings Contracts.—Within available funds,
the Committee recommends not less than $15,000,000 to leverage
energy savings performance contracts to ensure that the capital im-
provement projects involving energy systems, energy controls, and
building envelopes awarded in fiscal year 2022 provide the max-
imum return on investment to the taxpayer. The Committee directs
the Administrator to ensure the availability of sufficient acquisition
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FTEs to ensure energy saving measures have a proper accounting,
and to streamline and find efficiencies in the approval of projects
to continue to provide climate, resilience, and economic benefits.
Child Care Centers in GSA Buildings.—The Committee rec-
ommendation includes funding for a comprehensive assessment to
identify security vulnerabilities at child care centers located in
GSA-controlled buildings and to expedite upgrades at these facili-
ties. In fiscal year 2021, the Committee expressed concern about
the January 2020 GSA Inspector General (IG) report entitled
‘‘Child Care Centers in GSA Controlled Buildings Have Significant
Security Vulnerabilities.’’ The GSA IG identified significant secu-
rity vulnerabilities at several child care centers, such as child care
centers in GSA-controlled buildings that do not meet the minimum
security standards, and found that many of the recommended secu-
rity countermeasures have not been implemented.
RENTAL OF SPACE
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2021 ..................................... $5,725,464,000
Limitation on availability, budget request, fiscal year 2022 .......... 5,913,185,000
Recommended in the bill ................................................................... 5,906,024,000
Bill compared with:
Availability limitation, fiscal year 2021 .................................... +180,560,000
Availability limitation, fiscal year 2022 request ...................... ¥7,161,000
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 $5,906,024,000 for
rental of space. The Committee expects GSA to continue its efforts
to reduce its leased inventory.
BUILDING OPERATIONS
Limitations on Availability of Revenue:
Limitation on availability, fiscal year 2021 ..................................... $2,533,444,000
Limitation on availability, budget request, fiscal year 2022 .......... 2,945,005,000
Recommended in the bill ................................................................... 2,845,005,000
Bill compared with:
Availability limitation, fiscal year 2021 .................................... +311,561,000
Availability limitation, fiscal year 2022 request ...................... ¥100,000,000
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 $2,845,005,000 for
building operations and maintenance. Not later than 60 days after
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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 2021 ......................................................... $64,000,000
Budget request, fiscal year 2022 ....................................................... 67,820,000
Recommended in the bill ................................................................... 71,820,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +7,820,000
Budget request, fiscal year 2022 ................................................ +4,000,000
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 $71,820,000 for Government-wide
Policy.
Supply Chain Security Pilot.—There is growing consensus in the
Federal government that increased measures need to be taken to
better identify and effectively respond to threats to the Federal
government’s information 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 pro-
viding continuous critical information for when specific threats are
identified. GSA should, as a matter of policy, consider using com-
mercial off-the-shelf supply chain management tools to accomplish
government supply chain monitoring missions. To support the crit-
ical monitoring of government supply chain programs, the Com-
mittee includes $4,000,000 above the fiscal year 2022 budget re-
quest to provide funding for demonstrations and contracts to test
and evaluate the utility of commercial solutions for supply chain
risk management for the Office of Information Technology Category
within the GSA Federal Acquisition Service.
GSA’s Federal Acquisition Service has previously demonstrated
similar technologies through its Information Technology Category
but has been unable to transition these services into meaningful
improvements to the Administration’s acquisition framework. The
Committee further directs the Administrator of GSA to submit a
strategy to Congress with the President’s fiscal year 2023 budget
submission to Congress on how commercial off-the-shelf supply
chain risk management tools has been implemented and how the
program could be expanded to improve the Administration’s overall
acquisition framework.
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 facade 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-
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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-
nances and guidelines in states such as California and Minnesota
that there is an increasing need for a uniform minimum Federal
standard.
Green Building Certification.—The Committee recognizes the 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. GSA is encouraged to build
on its successful track record of using green building certification
on construction projects by utilizing certification or recertification
of existing buildings to ensure continued focus on excellence in per-
formance operations. The Committee encourages GSA to engage its
staff and contractors through competitions and awards as appro-
priate.
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.
Energy Metrics.—The Committee recognizes that building occu-
pancy changes due to the COVID–19 pandemic have impacted en-
ergy use in complex ways. Further, it will be necessary in the fu-
ture to better link building energy use with occupancy to enable
achieving high levels of efficiency. The Committee directs GSA to
analyze its data and develop additional metrics to help inform work
by Federal agencies on, and ensure progress on, energy efficiency,
and to publish a report of that analysis within 180 days from en-
actment of this Act.
Single Use Plastics.—The Committee recognizes the environ-
mental importance of reducing single use plastics throughout the
government, both to reduce resource consumption and to prevent
litter. The Committee encourages GSA to explore starting a Plastic
Reduction Initiative and work with other Federal agencies to shift
to reusable products in foodware and to install water refill stations
to reduce plastic water bottle usage.
National Capital Region Non-Standard Area.—GSA is directed to
review the Washington, D.C. Non-Standard Area to determine
whether any locality should be reinstated as a part of the Area.
GSA should consider connectivity and proximity to Federal agen-
cies, airports, and transit in order to minimize travel expenses for
Federal employees. Within 180 days of enactment of this Act, GSA
shall produce a report on its findings.
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
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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. Within 180 days of enactment of this Act, the Com-
mittee directs GSA to provide a report on its compliance with the
Fly America Act in its awards for the City-Pair Program.
OPERATING EXPENSES
Appropriation, fiscal year 2021 ......................................................... $49,440,000
Budget request, fiscal year 2022 ....................................................... 52,440,000
Recommended in the bill 52,440,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +3,000,000
Budget request, fiscal year 2022 ................................................ –––
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 $52,440,000 for operating expenses.
Within the amount provided, $28,122,000 is for Real and Personal
Property Management and Disposal and $24,318,000 is for the Of-
fice of the Administrator.
CIVILIAN BOARD OF CONTRACT APPEALS
Appropriation, fiscal year 2021 ......................................................... $9,301,000
Budget request, fiscal year 2022 ....................................................... 10,080,000
Recommended in the bill ................................................................... 10,080,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +779,000
Budget request, fiscal year 2022 ................................................ –––
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 $10,080,000 for the Civilian Board
of Contract Appeals.
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OFFICE OF INSPECTOR GENERAL
Appropriation, fiscal year 2021 ......................................................... $67,000,000
Budget request, fiscal year 2022 ....................................................... 69,000,000
Recommended in the bill ................................................................... 69,000,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +2,000,000
Budget request, fiscal year 2022 ................................................ –––
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 $69,000,000 for the GSA IG.
ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS
Appropriation, fiscal year 2021 ......................................................... $4,400,000
Budget request, fiscal year 2022 ....................................................... 5,000,000
Recommended in the bill ................................................................... 5,000,000
Bill compared with:.
Appropriation, fiscal year 2021 .................................................. +600,000
Budget request, fiscal year 2022 ................................................ –––
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 $5,000,000 for allowances and office
staff for former Presidents.
FEDERAL CITIZEN SERVICES FUND
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2021 ......................................................... $55,000,000
Budget request, fiscal year 2022 ....................................................... 59,200,000
Recommended in the bill ................................................................... 59,200,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +4,200,000
Budget request, fiscal year 2022 ................................................ –––
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
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 $59,200,000 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 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.
TECHNOLOGY MODERNIZATION FUND
Appropriation, fiscal year 2021 ......................................................... $25,000,000
Budget request, fiscal year 2022 ....................................................... 500,000,000
Recommended in the bill ................................................................... 50,000,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +25,000,000
Budget request, fiscal year 2022 ................................................ ¥450,000,000
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 $50,000,000 for the TMF. The Com-
mittee encourages GSA and the TMF Board to prioritize and fund
those projects that have the most significant impact on mission en-
hancement and that most effectively modernize citizen-facing serv-
ices, including updating public facing websites, modernizing forms,
and digitizing government processes.
The Committee notes that the TMF received $1,000,000,000 in
funding in the American Rescue Plan Act of 2021 (P.L. 117–2). Ad-
ditionally, GSA has noted they expect to allocate $250,000,000 in
fiscal year 2021 and fiscal year 2022 for the TMF. The Committee
supports additional funding requests in future fiscal years for the
TMF.
ASSET PROCEEDS AND SPACE MANAGEMENT FUND
Appropriation, fiscal year 2021 ......................................................... $16,000,000
Budget request, fiscal year 2022 ....................................................... 16,000,000
Recommended in the bill ................................................................... 4,000,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. ¥12,000,000
Budget request, fiscal year 2022 ................................................ ¥12,000,000
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.
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COMMITTEE RECOMMENDATION
The Committee recommends $4,000,000 for the Asset Proceeds
and Space Management Fund.
Sales Proceeds.—The Committee notes that the fiscal year 2022
GSA budget request for the Asset Proceeds and Space Management
Fund includes a provision that would make sales proceeds depos-
ited in the Asset Proceeds and Space Management Fund in fiscal
year 2022 available without appropriation by Congress. The Com-
mittee does not adopt the proposed language but supports the mis-
sion of the Public Buildings Reform Board (PBRB). Therefore, the
Committee directs GSA, in consultation with the PBRB, to include
in the fiscal year 2023 budget request a spending plan for proceeds
received in fiscal year 2022.
WORKING CAPITAL FUND
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2021 ......................................................... –––
Budget request, fiscal year 2022 ....................................................... $28,500,000
Recommended in the bill ................................................................... 28,500,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +28,500,000
Budget request, fiscal year 2022 ................................................ –––
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 $28,500,000 for the Working Capital
Fund.
Shared Services.—The Committee remains concerned about
GSA’s implementation and program management of its Payroll
Shared Services Initiative NewPay, including the return on invest-
ment for current Federal agency personnel and customers. No ap-
propriated funds were requested for this initiative and none are
provided in this bill. The Committee is also concerned about the
migration and other costs per Federal employee that Federal agen-
cies and departments might incur to transition very limited payroll
services of the current payroll and related systems applications to
NewPay. The Committee understands that GSA has established a
NewPay Project Management Office within its own organization.
However, the Committee wants to avoid establishing duplicative
agency offices and expertise, and to ensure that Federal employees’
payroll and human resources services are not interrupted or ad-
versely impacted during transition to NewPay’s services. The Com-
mittee directs GSA to continue to consult with the existing Federal
civilian payroll and human resource management shared services
providers for the program management and implementation efforts
associated with NewPay and related shared services initiatives,
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and provide a briefing on those consultations within 180 days of
enactment of this Act.
ELECTRIC VEHICLES FUND
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2021 ......................................................... –––
Budget request, fiscal year 2022 ....................................................... $300,000,000
Recommended in the bill ................................................................... 300,000,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +300,000,000
Budget request, fiscal year 2022 ................................................ –––
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 $300,000,000 for the procurement of
zero emission and electric passenger motor vehicles and the associ-
ated charging infrastructure.
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
no funds may be used to increase the amount of occupiable square
feet, provide cleaning services, security enhancements, or any other
service usually provided, to any agency which does not pay the 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 to expand
the definition of items that can be acquired to implement the Chief
Financial Officer’s Act of 1990.
Section 528. The Committee includes a new provision requiring
GSA to transmit a new prospectus for consolidation of a new Fed-
eral Bureau of Investigation headquarters.
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Section 529. The Committee includes a new provision prohibiting
the use of funds for any contracts inconsistent with the Brooks Act
and part 36.6 of the Federal Acquisition Regulation.
Section 530. The Committee includes a new provision prohibiting
the use of funds for any Executive Order that would establish a
preferred architectural style for Federal buildings and courthouses
or would conflict with existing GSA architectural guidelines.
HARRY S TRUMAN SCHOLARSHIP FOUNDATION
Appropriation, fiscal year 2021 ......................................................... $2,000,000
Budget request, fiscal year 2022 ....................................................... –––
Recommended in the bill ................................................................... 2,400,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +400,000
Budget request, fiscal year 2022 ................................................ +2,400,000
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 $2,400,000 for the Harry S Truman
Scholarship Foundation.
MERIT SYSTEMS PROTECTION BOARD
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2021 ......................................................... $46,835,000
Budget request, fiscal year 2022 ....................................................... 48,372,000
Recommended in the bill ................................................................... 48,372,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. –––
Budget request, fiscal year 2022 ................................................ +1,537,000
The Merit Systems Protection Board (MSPB) is an independent,
quasi-judicial agency established to protect the civil service merit
system. The MSPB adjudicates appeals primarily involving 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 $48,372,000 for the MSPB. The rec-
ommendation includes a transfer of $2,345,000 from the Civil Serv-
ice Retirement and Disability Fund.
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MORRIS K. UDALL AND STEWART L. UDALL FOUNDATION
MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND
Appropriation, fiscal year 2021 ......................................................... $1,800,000
Budget request, fiscal year 2022 ....................................................... 1,800,000
Recommended in the bill ................................................................... 1,800,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. –––
Budget request, fiscal year 2022 ................................................ –––
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 2021 ......................................................... $3,200,000
Budget request, fiscal year 2022 ....................................................... 3,586,000
Recommended in the bill ................................................................... 3,586,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +386,000
Budget request, fiscal year 2022 ................................................ –––
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
specific environmental conflicts, how and when to bring all the par-
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 $3,586,000 for the Environmental
Dispute Resolution Fund.
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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
OPERATING EXPENSES
Appropriation, fiscal year 2021 ......................................................... $377,000,000
Budget request, fiscal year 2022 ....................................................... 403,677,000
Recommended in the bill ................................................................... 403,677,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +26,677,000
Budget request, fiscal year 2022 ................................................ –––
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 $403,677,000 for NARA to support
basic operations, services to the public, operation of Public Librar-
ies, and declassification review. Of the amount appropriated,
$29,000,000 is available until expended and up to an additional
$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.
The Committee notes the new language proposed in the budget
request requesting updates to NARA’s authorities and will work
closely with NARA to make necessary changes.
Transition to Electronic Records.—The Committee supports ef-
forts by OMB and NARA to transition the Federal government to
electronic records, including the issuance of OMB–NARA Memo-
randum M–19–21, which helps Federal agencies reduce their ana-
log records and their reliance on NARA for temporary records stor-
age. The Committee notes that this shift may impact NARA’s per-
sonnel, real estate, and technology needs, and directs NARA to
promptly report to the Committee any unforeseen challenges it
faces in finding additional archival storage space, meeting its
digitization goals, and implementing new tools to provide increased
public access to its electronic record holdings.
NARA is also directed to provide to the Committee, within 90
days of enactment of this Act, comprehensive financial projec-
tions—including revenue and operational cost estimates—for the
Federal Records Centers Program for the next five years and legis-
lative 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
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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
records as a result of the COVID–19 pandemic’s impact on NPRC
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.
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
services in its public research rooms and assessing potential
changes to its hours of operation, staffing, equipment, and
digitization capabilities that might improve its ability to serve the
public, including lessons learned from the impact of COVID–19 on
its research room services.
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 the National Ar-
chives to support the efforts to submit Medal of Honor nominations
to the appropriate Secretary for review.
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OFFICE OF INSPECTOR GENERAL
Appropriation, fiscal year 2021 ......................................................... $4,823,000
Budget request, fiscal year 2022 ....................................................... 5,323,000
Recommended in the bill ................................................................... 5,323,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +500,000
Budget request, fiscal year 2022 ................................................ –––
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 $5,323,000 for the NARA OIG.
REPAIRS AND RESTORATION
Appropriation, fiscal year 2021 ......................................................... $9,500,000
Budget request, fiscal year 2022 ....................................................... 7,500,000
Recommended in the bill ................................................................... 37,500,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +28,000,000
Budget request, fiscal year 2022 ................................................ +30,000,000
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 $37,500,000 for Repairs and Res-
toration. This includes $30,000,000 in one-time funding to prepare
for the 250th anniversary of the founding of the United States.
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION
GRANTS PROGRAM
Appropriation, fiscal year 2021 ......................................................... $6,500,000
Budget request, fiscal year 2022 ....................................................... 9,500,000
Recommended in the bill ................................................................... 9,500,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +3,000,000
Budget request, fiscal year 2022 ................................................ –––
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
Committee supports the use of $3,000,000 of this funding to imple-
ment a new grants program to preserve and digitize the records of
the creation of Historically Black Colleges and Universities.
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NATIONAL CREDIT UNION ADMINISTRATION
COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
Appropriation, fiscal year 2021 ......................................................... $1,500,000
Budget request, fiscal year 2022 ....................................................... 2,000,000
Recommended in the bill ................................................................... 4,000,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +2,500,000
Budget request, fiscal year 2022 ................................................ +2,000,000
The Community Development Revolving Loan Fund Program
(CDRLF) was established in 1979 to assist officially designated
low-income credit unions in providing basic financial services to
low-income communities. Low-interest loans and deposits are made
available to assist these credit unions. Loans or deposits are 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. The
Committee expects that NCUA shall ensure that grant writers
shall be an eligible expense for technical assistance grants to small
credit unions provided under the CDRLF Program.
Underbanked Individuals.—The Committee recognizes the sig-
nificant impact that underbanking has on individuals and commu-
nities. The Committee encourages NCUA to identify census tracts
with large shares of underbanked individuals and to explore new
strategies for increasing access to democratically owned and con-
trolled credit unions in these communities.
OFFICE OF GOVERNMENT ETHICS
SALARIES AND EXPENSES
Appropriation, fiscal year 2021 ......................................................... $18,600,000
Budget request, fiscal year 2022 ....................................................... 20,371,000
Recommended in the bill ................................................................... 20,371,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +1,771,000
Budget request, fiscal year 2022 ................................................ –––
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.
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COMMITTEE RECOMMENDATION
The Committee recommends $20,371,000 for the OGE.
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. We expect 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 2021 ......................................................... $329,755,000
Budget request, fiscal year 2022 ....................................................... 372,000,000
Recommended in the bill ................................................................... 372,000,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +42,245,000
Budget request, fiscal year 2022 ................................................ –––
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
training program for the Federal government’s managers and ex-
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 $197,000,000 for OPM’s General
Fund. The Committee also recommends $175,000,000 for adminis-
trative expenses to be transferred from the appropriate trust funds.
The increase of $42,245,000 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-
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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.
Pathways Programs.—According to the Analytical Perspectives,
Budget of the United States Government, Fiscal Year 2020 the num-
ber of new hires of student interns fell from 35,000 in 2010 to 4,000
in 2018, or 89 percent. The Pathways programs has the potential
to be a main pipeline for people to enter government. To begin revi-
talizing the Pathways programs, OPM needs to better measure and
determine the effectiveness of each program as a pipeline of new
and diverse talent. The Committee directs OPM, within 90 days of
enactment of this Act, to produce a publicly available report on the
different Pathways programs, for the last seven fiscal years, by
agency and government-wide. The report should model the Feds
Hire Vets report and should include: Pathways program partici-
pants as a percentage of total FTEs; the number Pathways partici-
pants by agency; the number of Pathways participants in the in-
ternship program by agency; the number of Pathways participants
in the recent graduates program by agency; and the number of
Presidential Management Fellows by agency.
Intern Pilot Program.—The Committee directs OPM to conduct a
feasibility study to increase the number of interns working in the
Federal government. OPM should include the requirements of re-
cruitment, onboarding, professional development, offboarding, and
evaluating the internships; the amount required to pay intern sti-
pends; and the elements necessary to achieve the desired outcome
of a fully successful and sustainable program. The Committee di-
rects OPM to brief the Committee on their findings within 180
days after enactment of this Act.
Enhancing the Utility of the Fedscope Database.—The Committee
notes that Fedscope, a publicly-accessible database maintained by
OPM, is a valuable source of information about Federal employees
and agencies. Fedscope provides national-level and State-level data
about the number of Federal employees, the agencies that employ
them, and selected characteristics of those employees. To enhance
its utility to Congress and the American public, the Committee en-
courages OPM to provide information about the number of Federal
employees employed in each congressional district. Further, in
order to increase data and transparency regarding the diversity of
the Federal workforce, including political appointees, the Com-
mittee encourages OPM to continue to offer an Ethnicity and Race
Indicator as a category in Fedscope. Within 120 days of the enact-
ment of this Act, OPM is directed to provide a report to the Com-
mittee on the feasibility and expected timeline of publishing this
information.
Transparency in Political Appointments.—The Committee recog-
nizes and encourages new efforts to increase the diversity of the
Federal workforce, including political appointees. The Committee
also recognizes the need for data and transparency in order to
achieve a workforce that is drawn from all segments of society. The
Committee directs OPM to release, on a quarterly basis, aggregate
self-reported data on currently serving political appointees by cat-
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96
egories such as gender, race, veteran status, appointment type, and
disability and grouped by agency where possible within 90 days
after enactment of this Act.
Federal Government Hiring Process.—The Committee is con-
cerned with the length of time it often takes the Federal govern-
ment to hire qualified employees and directs OPM to continue to
find ways to reduce barriers to Federal employment and reduce
delays in the hiring process. Rigid rules 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. The Committee directs
OPM to submit a report to the Committees within 60 days of enact-
ment of this Act on progress in this regard as well as input on how
this information can be tracked in Fedscope by agency.
As part of OPM’s mission to recruit and hire the most talented
and diverse Federal workforce, the Committee encourages Federal
agencies to increase recruitment efforts within the United States
and its territories and at Hispanic Serving Institutions, Historically
Black Colleges and Universities, and other Minority Serving Insti-
tutions.
Federal Employment Guidelines.—The Committee supports the
updated guidance on agencies’ consideration of how an individual’s
marijuana use may or may not adversely affect the integrity or effi-
ciency of the government and impact an individual’s suitability or
fitness for a position. The Committee encourages OPM and the
Suitability Executive Agent to continue to review these 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.
IRS Hiring Authorities.—The fiscal year 2022 IRS budget request
and the American Families Plan support increased staff for Tax-
payer Services and Enforcement. As such, the IRS plans to onboard
27,000 personnel in Taxpayer Services and Enforcement over the
next 18 months. The Committee is committed to helping the IRS
meets its hiring plans and directs OPM to assist the IRS in maxi-
mizing its ability to expeditiously onboard staff with existing or
new hiring authorities.
Bureau of Prisons Direct Hire Authority.—The Committee is
aware of the Bureau of Prisons (BOP) request to OPM to provide
direct hire authority to BOP facilities. To ensure the safety of staff
and inmates, the Committee encourages OPM to expeditiously
grant direct hire authority 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.
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-
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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.
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.
Civilian Buyback.—The Committee directs OPM to conduct a
study to analyze the number of Federal civilian service members
that have creditable service under the Federal Employees Retire-
ment System (FERS) to retire but whose service started as a tem-
porary or intermittent employee performed after January 1, 1989.
OPM shall submit a report to the Committee 180 days after enact-
ment of this Act providing by agency the number of Federal civilian
employees eligible to pay a deposit covering missing retirement
contributions while in temporary or intermittent status to the Fed-
eral Government so that they could retire at 30 years.
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.
Telework.—Before the pandemic, only 23 percent of Federal em-
ployees teleworked at least one day a week. That number more
than tripled to 74 percent at the height of the pandemic. The Com-
mittee directs OPM to brief the Committees on new developments,
recommendations, and guidance regarding Federal telework and re-
mote work post pandemic.
Retirement Services.—The Committee is concerned with the level
of customer service provided to annuitants seeking help from OPM
regarding their retirement benefits. In March 2020, the Committee
learned of long wait times and other difficulties annuitants have
reaching an OPM customer service representative. The Committee
expects quarterly briefings on the measures OPM is taking to im-
prove the level of service including the number of calls answered,
wait times, and numbers of individuals who could not reach an
OPM operator. Additionally, the Committee expects OPM to con-
tinue providing monthly FTE reports so that it can monitor the
staffing levels dedicated to the Retirement Services Program.
IT Modernization.—The Committee remains concerned with
OPM’s overall progress in improving its IT security and infrastruc-
ture. The Committee directs OPM to brief the Committee within
180 days of enactment of this Act on how blockchain technology
can help improve its IT security and infrastructure. The briefing
should include but is not limited to an examination of the feasi-
bility of employing distributed ledger technologies, like blockchain,
to do the following: tamper-seal and verify actual users and au-
thenticate data, without the need for third-party authentication;
employ Digital Security Certificates that never expire; ensure an
unbroken chain-of-custody of all Federal employee personal infor-
mation; provide a clear audit trail of any transactions that include
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a Federal employee’s personal information; secure digital signa-
tures; and eventually replace password-based security verification
with proof of identity via uniquely identifiable methods.
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.—New in fiscal year 2022 is lan-
guage creating an OPM Information Technology Working Capital
Fund (IT–WCF) utilizing the authority provided to Federal agen-
cies by the Modernizing Government Technology Act (P.L. 115–91).
The IT-WCF provides sustained funding to improve and replace
OPM’s legacy systems and enhance their cybersecurity posture.
Remote Site Pay Allowance.—The Committee is aware that re-
mote and isolated military installations in the United States have
significant challenges with recruiting and retaining employees.
Some of the contributing factors include a lack of local shops, lim-
ited spousal employment, and increased transportation costs to
nearby communities. The Remote Site Pay Allowance provided
under section 5942 of title 5, United States Code, has not been ad-
justed since 1971 and is currently set at a level not to exceed $10
per day. Adjusting for inflation, that amount should be at least
$65.50. The Committee directs OPM to complete an assessment of
the current Remote Site Pay Allowance and propose new rates ad-
justed for inflation.
Congressional, Legislative, and Intergovernmental Affairs
(CLIA).—The Committee recognizes the need to increase the capac-
ity of the OPM’s CLIA advocates to perform their duty of engaging
with Congress and State, local, and tribal officials on Federal
human resources management policy. To ensure the CLIA advo-
cates’ ability to meet the demands made of their office, especially
in their Constituent Services activities, the Committee encourages
OPM to increase its support for CLIA advocates.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
Appropriation, fiscal year 2021 ......................................................... $32,265,000
Budget request, fiscal year 2022 ....................................................... 34,910,000
Recommended in the bill ................................................................... 35,910,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +3,645,000
Budget request, fiscal year 2022 ................................................ +1,000,000
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-
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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
$5,345,000 for the OIG. In addition, the recommendation includes
$30,565,000 from the appropriate trust funds.
OFFICE OF SPECIAL COUNSEL
SALARIES AND EXPENSES
Appropriation, fiscal year 2021 ......................................................... $29,500,000
Budget request, fiscal year 2022 ....................................................... 30,440,000
Recommended in the bill ................................................................... 31,500,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +2,000,000
Budget request, fiscal year 2022 ................................................ +1,060,000
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
Uniformed Services Employment and Re-employment Rights Act.
COMMITTEE RECOMMENDATION
The Committee recommends $31,500,000 for the OSC.
POSTAL REGULATORY COMMISSION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2021 ......................................................... $17,000,000
Budget request, fiscal year 2022 ....................................................... 19,585,000
Recommended in the bill ................................................................... 19,585,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +2,585,000
Budget request, fiscal year 2022 ................................................ –––
The Postal Regulatory Commission (PRC) establishes and main-
tains the U.S. Postal Service’s ratemaking systems, measures serv-
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ice and performance, ensures accountability, and has enforcement
mechanisms, including the authority to issue subpoenas.
COMMITTEE RECOMMENDATION
The Committee recommends $19,585,000 out of the Postal Fund
for the PRC.
Rate Increases for Market-Dominant Products.—The Postal Ac-
countability and Enhancement Act of 2006 (PAEA) required the
PRC to review the existing Market Dominant rate and classifica-
tion system 10 years after the enactment of the PAEA. Based on
this review, the PRC adopted rules in November 2020 providing
greater pricing flexibility to the United States Postal Service
(USPS). USPS has used this expanded authority to propose in-
creasing certain postal rates effective August 20, 2021, by approxi-
mately 7 percent. The Committee is concerned with the size and
timing of the rate increase and that the PAEA process did not ac-
count for the impact of the pandemic, including factors such as
higher package revenues and emergency funding provided to the
USPS. The PRC is directed to study these factors and report to the
Committee within 270 days on how these factors should impact the
rate increases proposed by the USPS and the PRC rules adopted
in November.
First-Class Service Standards.—The Committee is concerned
about further changes to the service standards for market-domi-
nant mail products, particularly the Postal Service’s recent pro-
posal to extend first-class service standards to as long as five days.
The Committee believes this change would further erode public
confidence in the USPS. The Committee directs the PRC to analyze
the feasibility of restoring service standards for market-dominant
products that were in effect on July 1, 2012, including an examina-
tion of the resources and structural and operational changes need-
ed, and the impacts on market growth and revenue. If service
standards are decreased from their January 2021 levels, the PRC
shall also conduct a similar analysis of the costs and benefits of re-
storing USPS service and performance levels to their January 1,
2021, levels. The PRC shall report to the Committee on its findings
within 1 year of enactment of this Act.
PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD
SALARIES AND EXPENSES
Appropriation, fiscal year 2021 ......................................................... $8,500,000
Budget request, fiscal year 2022 ....................................................... 9,600,000
Recommended in the bill ................................................................... 9,600,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +1,100,000
Budget request, fiscal year 2022 ................................................ –––
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
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terrorism. The Board consists of four part-time members and a full-
time chairman.
COMMITTEE RECOMMENDATION
The Committee recommends $9,600,000 for the Board.
PUBLIC BUILDINGS REFORM BOARD
SALARIES AND EXPENSES
Appropriation, fiscal year 2021 ......................................................... $3,500,000
Budget request, fiscal year 2022 ....................................................... 4,500,000
Recommended in the bill ................................................................... 4,500,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +1,000,000
Budget request, fiscal year 2022 ................................................ –––
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 $4,500,000 funds for the Board.
SECURITIES AND EXCHANGE COMMISSION
SALARIES AND EXPENSES
Appropriation, fiscal year 2021 ......................................................... $1,926,162,000
Budget request, fiscal year 2022 ....................................................... 1,999,663,000
Recommended in the bill ................................................................... 1,999,663,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +73,501,000
Budget request, fiscal year 2022 ................................................ –––
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 $1,992,917,000 for the salaries and
expenses of the SEC, to be fully derived from offsetting fee collec-
tions. In addition, the Committee recommends $6,746,000 for move,
replication, and related costs associated with replacement leases
for the Commission’s Fort Worth Regional Office facilities, also to
be fully derived from offsetting fee collections. The Committee ex-
pects the Commission to work closely with GSA on its replacement
leases and to keep the Committee informed of any notable develop-
ments.
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
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 and directs the SEC to provide a briefing no
later than 60 days after the enactment of this Act on the steps it
has taken to secure information collected through the CAT.
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.
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 requests a report within 90
days of enactment of this Act on the SEC’s prosecution efforts in-
volving white-collar crimes over the past year.
SEC Mandatory Arbitration Disclosure.—The Committee is con-
cerned about proposals that would remove shareholder rights,
thereby immunizing companies from accountability. The Committee
believes such clauses are harmful to investors and unlawful. The
Committee therefore supports the SEC staff’s decision to provide
no-action relief to companies that seek to exclude these types of un-
lawful proposals from their proxy ballots.
Reg A+ and Reg D Effectiveness.—The Committee is concerned
about the implications of private and quasi-public market growth
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on public markets and investors. The Committee believes public
markets offer certain valuable benefits to investors that private
and quasi-public markets do not provide, including more robust
transparency, better pricing efficiency, more accurate valuations,
deeper levels of liquidity, lower trading costs, and stronger account-
ability mechanisms. The SEC’s report comparing the performance
of Regulation A+ and Regulations D offerings versus all other offer-
ings notes the ongoing popularity of exempt offerings, particularly
Regulation D offerings, as capital-raising tools.
Investor Advisory Committee.—The Committee is concerned
about new guidelines approved by the SEC in August 2020 that
give the SEC staff increased influence regarding appointments to
the Investor Advisory Committee (IAC). Congress established the
IAC in 2010 to replace a similar committee established by the SEC,
to provide a statutory foundation and set congressional preroga-
tives for the IAC’s composition and function. Given Congress’ direct
role in creating the IAC, and the clarity with which Congress spoke
on the IAC’s mandate and composition, the Committee believes
these new guidelines may undermine Congressional intent. The
Committee urges the SEC to promptly review the new guidelines
and restore the role that Commissioners previously played in nomi-
nating IAC members.
Regulation Best Interest.—Strong, effective implementation of the
Regulation Best Interest and the Investment Advisers Act is need-
ed to prevent conflicts of interest in the advice and recommenda-
tions that fiduciaries provide to retail investors. The Committee
urges the SEC to provide guidance clarifying the central require-
ments of Regulation Best Interest and the Investment Advisers
Act. The Commission should also study the prevalence of conflicts
of interest in the broker-dealer and investment adviser business
models—and the extent to which they are permitted to influence
recommendations—to determine whether further rulemaking is
needed. The SEC should also examine the effectiveness of the re-
quired disclosures, particularly whether they enable investors to
make informed decisions and protect themselves against conflicts of
interest.
Federal Reserve Board Coordination.—As a result of the Dodd-
Frank Act, the Federal Reserve Board (FRB) has become one of the
primary regulators of capital markets participants and activities.
Given the vital role that robust, efficient, and safe capital markets
serve in the global economy, the Committee believes that the FRB
should continue to develop its understanding of the impact its regu-
lations and guidance can have on capital markets activities by con-
sulting with other primary regulators with experience and exper-
tise in relevant areas. The Committee encourages the SEC to work
closely with the FRB to prevent inconsistencies in capital markets
regulations and enforcement as the role of the FRB continues to
evolve.
Rental Income Securitizations.—The Committee urges the SEC to
examine transparency and ratings requirements and procedures in
the rental income securitizations market for issues that might con-
tribute to financial or housing price instability.
E-Delivery.—The need to modernize the SEC’s rules to reflect in-
vestors’ preference to receive investment information through elec-
tronic means has been recognized broadly. The Committee supports
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efforts by the SEC to modernize how registered investment compa-
nies, business development companies, and funds may deliver in-
formation to shareholders, such as by permitting investment enti-
ties to electronically deliver, or e-deliver, information to share-
holders while delivering such information in paper via U.S. mail to
any shareholder who requests it. Such changes will better satisfy
investor preferences and reduce costs for fund shareholders. They
will also facilitate positive investor engagement, allowing imme-
diate interaction with shareholders. The Committee expects any ac-
tion by the SEC to incorporate investor protections into these rules,
including allowing those investors who prefer paper communica-
tions to easily select their preferred method of delivery.
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-
sures.
ESG Reporting Standards.—The Committee recognizes that ESG
factors can impact a company’s long-term performance. To make in-
formed choices about their investments, investors seek material in-
formation that is accurate, comparable, and timely. The Committee
encourages the Commission to consider the recommendations of the
Task Force on Climate-Related Financial Disclosures and the
standards of the Sustainability Accounting Standards Board
(SASB) as it examines creating a regulatory framework for public
company disclosures related to ESG. The Committee encourages
the SEC to work with international regulators to facilitate a global
baseline for disclosure of material information that serves as a
foundation for jurisdictional initiatives.
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, with a report on the long- and short-
term risks that climate change may pose to the State and local mu-
nicipal bond market.
Nationally Recognized Statistical Rating Organizations.—The
Committee notes that Section 939(f) of Dodd-Frank required the
SEC to carry out a study of the credit rating ecosystem and con-
flicts of interest stemming from the issuer-pay and subscriber-pay
business models, and to examine the feasibility of an independent
ratings function with nationally recognized statistical ratings orga-
nizations assigned to rate structured finance products. The Com-
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105
mittee notes that this study was completed but is concerned that
the SEC has never fully addressed conflicted and inflated ratings.
The Committee requests the SEC to submit a report to the Com-
mittee, within 180 days of enactment of this Act, detailing meas-
ures taken since the release of that report to prevent conflicted and
inflated ratings, enforcement actions involving rate shopping and
other conflicts of interest, the feasibility of implementing an inde-
pendent rating function within the SEC, and regulatory or process-
related barriers to implementation.
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 2021 ......................................................... $26,000,000
Budget request, fiscal year 2022 ....................................................... 27,600,000
Recommended in the bill ................................................................... 29,200,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +3,200,000
Budget request, fiscal year 2022 ................................................ +1,600,000
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 $29,200,000 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 $1,033,675,000 for SBA.
SALARIES AND EXPENSES
Appropriation, fiscal year 2021 ......................................................... $270,157,000
Budget request, fiscal year 2022 ....................................................... 293,625,000
Recommended in the bill ................................................................... 293,625,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +23,468,000
Budget request, fiscal year 2022 ................................................ –––
COMMITTEE RECOMMENDATION
The Committee recommends $293,625,000 for SBA Salaries and
Expenses.
Ensuring Fair Access to Capital.—Women, people of color, and
other underserved entrepreneurs face barriers in accessing capital
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as a result of historic discrimination and other long-standing poli-
cies and practices that are facially neutral but result in unequal ac-
cess to Federal resources. The Committee supports the Administra-
tion’s efforts to address racial and socioeconomic disparities to en-
sure all entrepreneurs have fair access to resources and opportuni-
ties.
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) 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.
Small Business Succession Planning.—The Committee is con-
cerned that more than 58 percent of businesses do not have succes-
sion plans. The Committee encourages SBA to work with its re-
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 help-
ing small business contractors succeed, 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.
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-
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107
plained. The Committee continues to await submission of the re-
port required in House Report 116–456 on the Office of Rural Af-
fairs.
Investment in Rural Small Businesses.—The Committee encour-
ages SBA to coordinate with the U.S. Department of Agriculture in
administering the Small Business Investment Company and Rural
Business Investment Company programs, to improve access to cap-
ital and increase investment in small businesses in rural areas.
Impact of the COVID–19 Pandemic on Immigrant- and Minority-
Owned Businesses.—The Committee recognizes that immigrant-
and minority-owned businesses have been disproportionately af-
fected by the COVID–19 pandemic. Millions of these small business
owners face unique challenges, such as language barriers, misin-
formation or lack of information on eligibility for Federal resources,
and discrimination. Asian American and Pacific Islander-owned
businesses have additionally experienced an increase in anti-Asian
hate incidents, including violence and vandalism. The Committee
supports SBA’s efforts through the Community Navigator Pilot Pro-
gram to increase outreach and direct support to small businesses
in underserved communities and urges SBA to continue to expand
in-language services and resources available to small businesses.
The Committee encourages the Administrator to work with the
U.S. Census Bureau to explore the feasibility of collecting
disaggregated data on the impact of the pandemic on minority-
owned businesses, including the access and application of Federal
relief resources.
Outreach to Closed Businesses.—The Committee encourages SBA,
through its resource partners and the Community Navigator Pilot
Program, to engage in outreach to former businessowners who lost
their small businesses due to the COVID–19 pandemic, on the re-
sources available to help relaunch or start a new small business.
Businesses with Multiple SBA Loans.—The Committee recognizes
that many of the same businesses and nonprofits that took out
loans due to the COVID–19 pandemic also have pre-existing loans
through SBA due to natural disasters. The Committee encourages
SBA to consider the efficacy of establishing a process for businesses
and nonprofits to combine previous SBA loans with SBA loans
taken out due to the COVID–19 pandemic.
Oversight of Pandemic Relief Programs.—In response to the
COVID–19 pandemic, Congress created several new programs and
provided more than $1 trillion in economic relief to small busi-
nesses. SBA was responsible for quickly implementing these new
programs and administering the funds that helped businesses sur-
vive during the pandemic. The Committee expects the Adminis-
trator to continue to work closely with the SBA Office of Inspector
General to mitigate the risk of fraud in COVID–19 relief programs
and to recover funding from fraudulent loans and loans provided to
ineligible businesses where possible.
ENTREPRENEURIAL DEVELOPMENT PROGRAMS
Appropriation, fiscal year 2021 ......................................................... $272,000,000
Budget request, fiscal year 2022 ....................................................... 318,000,000
Recommended in the bill ................................................................... 323,800,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +51,800,000
Budget request, fiscal year 2022 ................................................ +5,800,000
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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 $323,800,000 for EDP. The Com-
mittee recommendations, by program, are displayed in the fol-
lowing table:
7(j) Technical Assistance Program (Contracting Assistance) ......... $9,800,000
Entrepreneurship Education ............................................................. 4,500,000
Federal and State Technology (FAST) Partnership Program ........ 10,000,000
Growth Accelerators ........................................................................... 10,000,000
HUBZone Program ............................................................................. 3,000,000
Microloan Technical Assistance ........................................................ 41,000,000
National Women’s Business Council ................................................ 1,500,000
Native American Outreach ................................................................ 3,000,000
PRIME Technical Assistance ............................................................ 12,500,000
Regional Innovation Clusters ............................................................ 10,000,000
SCORE ................................................................................................ 13,500,000
Small Business Development Centers (SBDC) ................................ 140,000,000
State Trade & Export Promotion (STEP) ......................................... 20,000,000
Veterans Outreach* ........................................................................... 19,000,000
Women’s Business Centers (WBC) ................................................... 26,000,000
Total, Entrepreneurial Development Programs ....................... $323,800,000
* Veterans Outreach includes funding for: Boots to Business, Veterans Business Outreach Centers (VBOC),
Veteran Women Igniting the Spirit of Entrepreneurship (V–Wise), Entrepreneurship Bootcamp for Veterans
with Disabilities (EBV), and Boots to Business reboot.
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.
Strengthening the Innovation Ecosystem.— The Committee sup-
ports SBA’s efforts to stimulate innovation and entrepreneurship
through the Federal and State Technology Partnership Program
(FAST), the Growth Accelerator Fund Competition, and Regional
Innovation Clusters. These programs provide entrepreneurs with
access to the tools, networks, and services they need to bring cut-
ting-edge innovation to the market. FAST provides direct assist-
ance to underserved innovation-based entrepreneurs with the goal
of increasing their success in obtaining Small Business Innovation
Research (SBIR) and Small Business Technology Transfer (STTR)
funding, and is particularly important in States that are seeking
to build high technology industries but are underrepresented in the
SBIR/STTR programs. Small Business and Technology Develop-
ment Centers (SBTDCs) provide intellectual property and tech-
nology commercialization assistance to small businesses in high
technology industries. Within the amount provided for FAST, the
Committee recommends robust funding for awards to SBTDCs fully
accredited for technology designation as of December 31, 2021.
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 organizing
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multi-agency workshops and Native supplier initiative events
around the country, and facilitating Native contractors’ participa-
tion in SBA’s 8(a) Business Development Program, HUB Zone,
Women’s Business Centers, Veteran and Service-Disabled Veteran-
Owned Small Business programs, and other small business con-
tracting programs. The Administrator should consult with the As-
sistant Administrator for ONAA regarding grantmaking decisions
under the Community Navigator Pilot Program to ensure the ap-
propriate resources are made available to support Native busi-
nesses.
SCORE.—The Committee notes that SCORE has addressed all
recommendations from the SBA Office of Inspector General audit
of SCORE’s fiscal year 2017 award. The Committee supports efforts
by SCORE to continue to improve program operations, strengthen
financial monitoring, and increase outreach to underserved commu-
nities.
SBDC Minimum Funding Awards.—SBA should assess the min-
imum funding levels awarded to States and U.S. territories
through the SBDC Program to ensure adequate resources are pro-
vided to meet the demand of each State.
Cybersecurity Assistance Pilot Program.—The Financial Services
and General Government Appropriations Act, 2021, included
$3,000,000 for a Cybersecurity Assistance Pilot Program to award
up to three grants to States to provide new small businesses with
access to cybersecurity tools during their formative and most vul-
nerable years. Within 60 days of enactment of this Act, SBA is di-
rected to brief the Committee on the status of the pilot program.
Outreach to Rural Entrepreneurs.—The Committee encourages
SBA and its resource partners to consider innovative approaches,
such as partnerships with State libraries, that may expand the
ability to reach potential and existing entrepreneurs in large rural
states.
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.
OFFICE OF INSPECTOR GENERAL
Appropriation, fiscal year 2021 ......................................................... $22,011,000
Budget request, fiscal year 2022 ....................................................... 24,905,000
Recommended in the bill ................................................................... 24,905,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +2,894,000
Budget request, fiscal year 2022 ................................................ –––
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 $24,905,000 for the SBA OIG.
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OFFICE OF ADVOCACY
Appropriation, fiscal year 2021 ......................................................... $9,190,000
Budget request, fiscal year 2022 ....................................................... 9,620,000
Recommended in the bill ................................................................... 9,620,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +430,000
Budget request, fiscal year 2022 ................................................ –––
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 $9,620,000 for the Office of Advo-
cacy.
BUSINESS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2021 ......................................................... $180,300,000
Budget request, fiscal year 2022 ....................................................... 171,300,000
Recommended in the bill ................................................................... 171,300,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. ¥9,000,000
Budget request, fiscal year 2022 ................................................ –––
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 $30,000,000,000;
the 504 certified development company program at a level of
$7,500,000,000; 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 $13,000,000,000; and
Small Business Investment Company debenture authority of
$4,000,000,000.
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. In addition, the recommendation
includes $5,000,000 to facilitate access to capital to support climate
change resiliency and the clean energy economy.
DISASTER LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2021 ......................................................... $168,075,000
Budget request, fiscal year 2022 ....................................................... 178,000,000
Recommended in the bill ................................................................... 178,000,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +9,925,000
Budget request, fiscal year 2022 ................................................ –––
The recommendation includes $143,000,000 in disaster relief funding.
COMMITTEE RECOMMENDATION
The Committee recommends a total of $178,000,000 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-
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asters. The recommendation includes $5,000,000 to facilitate access
to capital to support climate change resiliency and the clean energy
economy.
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 includes a new 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
Delaware State University, Dover, DE ..................... Center for Urban Revitalization and Entrepreneur- $1,000,000
ship
Columbia County Economic Team, St. Helens, OR Columbia County Small Business Resource Center $175,000
Gwinnett County University of Georgia Small Busi- Gwinnett County University of Georgia Small Busi- $100,000
ness Development Center, Lawrenceville, GA ness Development Center.
Western Illinois University, Moline, IL ..................... Business Ownership Lifecycle Initiatives ................ $400,000
The Greater Wilkes-Barre Chamber of Business Project Elevate ........................................................ $1,000,000
and Industry, Wilkes-Barre, PA
Institute for Native Pacific Education and Culture, Leeward Community Small Business Incubator ..... $500,000
Kapolei, HI
South Carolina State University, Orangeburg, SC .. Small Business Research and Entrepreneurial $1,000,000
Leadership Institute.
Black Business Association of Memphis, Memphis, Memphis ReStart Initiative ..................................... $750,000
TN
Center for Inclusive Entrepreneurship, Mount North Cascades Community Enterprise Program ... $180,644
Vernon, WA
Vested In, Philadelphia, PA ..................................... Our Businesses, Our Neighborhoods, Our Stories .. $149,324
SUNY Buffalo State Small Business Development e-Commerce for Disadvantaged Businesses .......... $750,000
Center, Buffalo, NY
Westminster Economic Development Initiative, West Side Bazaar Expansion Project ...................... $950,000
Inc., Buffalo, NY
County of San Diego, San Diego, CA ...................... County of San Diego Child Care Expansion Fund .. $1,000,000
Chicago Southland Economic Development Cor- Ascending House ..................................................... $200,000
poration, Hazel Crest, IL
Mississippi Small Business Development Centers, Mississippi Small Business Tech Commercializa- $742,800
University of Mississippi, University, MS. tion Center.
HIRE360, Chicago, IL .............................................. HIRE360 Business Development Center ................. $1,000,000
Connecticut Center for Advanced Technology, East Connecticut Manufacturing & Technology CommU- $900,000
Hartford, CT NITY eCommons.
City of Southfield, Southfield, MI ............................ Centrepolis Accelerator ........................................... $200,000
Detroit Economic Growth Corporation, Detroit, MI .. Detroit Means Business .......................................... $200,000
City of Henderson, Henderson, NV .......................... Henderson Workforce Training Center ..................... $1,000,000
Manhattan Chamber of Commerce Foundation, Manhattan Storefront Revitalization & Small Busi- $800,000
New York, NY. ness Entrepreneurship Project.
City of Doraville, Atlanta, GA .................................. City of Doraville-Small and Local Business Facade $250,000
Improvement Grants.
Neighborhood Development Center, Saint Paul, MN Neighborhood Development Center (NDC) Small $1,000,000
Business Incubator Project.
Local Initiatives Support Corporation, Saint Paul, Local Initiatives Support Corporation (LISC) Twin $1,000,000
MN. Cities Creative Placemaking.
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Recipient Project Amount
Creative Hub Worcester, Inc., Worcester, MA .......... Creative Hub Community Arts Center ..................... $300,000
City of Stockton, Stockton, CA ................................ Resurgent Stockton: Economic Development, Work- $1,000,000
force Development and Youth Employment.
New River Gorge Development Authority, Beckley, Southern WV Emerging Industry Accelerator .......... $750,000
WV.
Urban League of Rochester, NY, Inc., Rochester, Community Business Academy ............................... $200,000
NY
Trustees of Columbia University in the City of New High School Training Program for Small Business $134,000
York, New York, NY Accounting.
36Squared Business Incubator, Chicago, IL ........... 36Squared Business Incubator ............................... $80,000
Northside Economic Opportunity Network (NEON), NEON Food Entrepreneur Incubation Center ........... $1,000,000
Minneapolis, MN
El Pajaro Community Development Corporation, El Pajaro Alisal Kitchen Incubator .......................... $200,000
Watsonville, CA
Institute for Entrepreneurial Leadership, Inc., New- Small Businesses Need Us ..................................... $971,977
ark, NJ
Wisconsin Small Business Development Center at University of Wisconsin-Madison Small Business $173,507
the University of Wisconsin-Madison, Madison, Development Center.
WI
Town of Morrisville, Morrisville, NC ........................ Morrisville Small Business Development Program $300,000
Youngstown Edison Incubator Corporation, Valley Internet of Things Initiative (VIOTI) ............. $312,744
Youngstown, OH
CNMI Small Business Development Center at CNMI SBDC Business Innovation Incubator ........... $952,394
Northern Marianas College, Saipan, MP.
Florida International University Brickell Campus, Startup FIU Tech and Food Business Hub ............. $500,000
Miami, FL
Central Alabama Redevelopment Alliance, Fair- Small Business Accelerator Program ...................... $474,355
field, AL
The Valley Economic Alliance, Sherman Oaks, CA Business Technical Assistance Program ................ $138,000
World Relief Seattle, Kent, WA ................................ Entrepreneurship Incubation Hub: Teaching & $673,000
Commercial Kitchen for Refugee & Immigrant.
City of Tempe, Tempe, AZ ....................................... Growing BIPOC Micromanufacturing Entrepreneurs $500,000
Clinton County Government Center, Plattsburgh, Clinton County Business-Ready Capital Project ..... $1,000,000
NY
City of Las Vegas, Las Vegas, NV .......................... Small Business Support Center .............................. $437,200
ProsperUS Detroit Micro Lending, Detroit, MI ......... ProsperUS Detroit Micro Lending ............................ $1,000,000
California State Polytechnic University, Pomona, Bronco STEA2M Innovation Hub .............................. $1,000,000
CA
Entrepreneurship for All, Inc., Lowell, MA .............. Entrepreneurship for All - Statewide Initiative ...... $1,000,000
Sinclair Community College, Dayton, OH ................ Sinclair Community College Center for Advanced $1,000,000
Manufacturing.
Wright Patterson Regional Council of Govern- Wright Patterson Regional Council of Governments $1,000,000
ments, Fairborn, OH
United Way of the Battle Creek and Kalamazoo Asset, Limited, Income Constrained, and Employed $50,000
Region, Kalamazoo, MI (ALICE) Friendly Workplace Project.
Atlantic City Office of the Business Administrator, Atlantic City Small Business Assistance Initiative $800,000
Atlantic City, NJ
Texas A&M Engineering Experiment Station, Col- RGV Small Business Innovation Research and $500,000
lege Station, TX Technology Transfer Program.
Urban League of Greater Atlanta, Inc., Decatur, Small Business Accelerator Program in the At- $150,000
GA. lanta Area.
Louisville Metro Government, Louisville, KY ........... Black and Diverse Business Wealth Initiative ....... $250,000
Community Ventures Corporation, Inc., Lexington, Chef Space Consumer-Packaged Goods Expansion $330,000
KY
UNITED STATES POSTAL SERVICE
PAYMENT TO THE POSTAL SERVICE FUND
Appropriation, fiscal year 2021 ......................................................... $55,333,000
Budget request, fiscal year 2022 ....................................................... 52,570,000
Recommended in the bill ................................................................... 58,570,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +3,237,000
Budget request, fiscal year 2022 ................................................ +6,000,000
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The United States Postal Service (USPS) is funded almost en-
tirely by Postal ratepayers, rather than taxpayers. Funds provided
to USPS in the Payment to the Postal Service Fund include appro-
priations for revenue forgone, including for providing free mail for
the blind and for overseas absentee voting.
COMMITTEE RECOMMENDATION
The Committee recommends $58,570,000 for Payment to the
Postal Service Fund. The recommendation funds free mail for the
blind and overseas voting and includes a reconciliation adjustment.
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
$6,000,000 for USPS above its budget request 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 banking services to in-
clude 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 di-
rects 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
States postal facility network is an asset of significant value. The
closure of post offices in rural communities creates an economic
burden for people in the United States that depend on USPS for
communication and package services. In addition to typical postal
services, post offices are part of the identity of rural communities
and provide a significant social value. The Committee recommends
that no funds be used to consolidate or close small rural and other
small post offices. The Postal Service shall take into consideration
the importance of providing consistent and on-time delivery to all
Americans, including those in rural and mountainous areas.
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Notification to Congress.—Title 39 of the U.S. Code requires
USPS to provide the public with notice prior to closing or consoli-
dating a post office. The Committee understands that it is USPS’s
policy to inform Member of Congress’ district and Washington, D.C.
offices when the public receives notice. The Committee directs
USPS to keep Members of Congress informed of USPS activities
impacting their constituents and expects USPS to ensure that
Members of Congress are appropriately informed simultaneously or
prior to all public notices.
Accessibility for Disabled Individuals.—The Committee notes
that under the Architectural Barriers Act, USPS is required to
meet accessibility requirements for disabled individuals.
Electric Vehicles.—The Committee believes USPS, as one of the
U.S. government’s largest vehicle fleet operators, has an important
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.’’ The Committee notes that its recommendation
includes $300 million for a new program to fund electric vehicles
government-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.
Mail Theft.—The Committee recognizes that mail theft from
aging USPS cluster box units continues to be a problem throughout
the country. The Committee supports actions taken by the USPS
to address this issue and directs the USPS to continue to follow the
directive on this issue included House Report 116–122.
Pandemic-Related Mail Issues.—The Committee is concerned
about the reported increase in mail and package theft during the
COVID–19 pandemic, as well as by the increase in late mail deliv-
ery. The Committee directs the USPS to provide a report with 90
days of enactment of this Act examining package theft during the
COVID–19 pandemic and developing recommendations to help
mitigate this issue, as well as on the reasons for delayed mail de-
livery and the USPS’s plan to address the issue.
Delivery Complaints.—The Committee is concerned by the preva-
lence of reports of irregular delivery, unresponsiveness, and other
complaints about USPS service. The Committee directs USPS to
keep customers and Members of Congress informed of USPS activi-
ties impacting their constituents and expects USPS to create an
outreach program explaining the scope of mail delivery distribution
delays and providing timely notices to customers. The Committee
directs USPS to provide a report within 180 days of enactment of
this Act on the adequacy of current personnel levels, the number
of employees on leave compared to previous years, and average
mail processing times. The Committee requests that the USPS
strategic plan includes steps to provide better provide timely, con-
sistent mail delivery service that addresses the concerns of local
communities.
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Ballot Delivery.—The USPS OIG, in its report ‘‘Service Perform-
ance of Election and Political Mail During the November 2020 Gen-
eral Election,’’ noted that USPS significantly improved timeliness
in the delivery of election mail over 2018 but ‘‘did find opportuni-
ties for the Postal Service to increase the volume of ballots included
in service performance.’’ The Committee expects USPS to imple-
ment recommendations provided by the OIG well in advance of the
2022 mid-term elections to ensure improved delivery of ballots and
election mail.
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 and Opioids.—The Committee re-
mains 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.
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 directs USPS to con-
duct an internal review of instances in which assigned zip codes
overlap multiple municipal jurisdictions, resulting in end user
mailing/address information with incorrect or multiple city listings.
Recognizing the importance of last-line city designations to reliable
mail delivery, the Committee directs USPS to provide a report of
its findings within 120 days of enactment of this Act, including op-
tions to ensure proper city designation in the future.
Endangered and Invasive Species.—The Committee recognizes
the critical role that coordination among the United States Postal
Inspection Service, Customs and Border Protection, and the Animal
and Plant Health Inspection Service plays in the mitigation of en-
dangered species trafficking and in combating the spread of
invasive species. The Committee encourages the Postal Inspection
Service to coordinate with all appropriate law enforcement entities
to address the illegal trafficking of endangered and invasive spe-
cies.
Fighting Birds.—The Committee is concerned by the continued
use of the Postal Service to ship birds intended for use in animal
fighting ventures, in violation of U.S. law. The Committee directs
the U.S. Postal Inspection Service to increase its cooperative efforts
with state and Federal law enforcement, and its use of predictive
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tools, including artificial intelligence, to enhance its ability to de-
tect and intercept such shipments.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2021 ......................................................... $250,000,000
Budget request, fiscal year 2022 ....................................................... 263,000,000
Recommended in the bill ................................................................... 263,000,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +13,000,000
Budget request, fiscal year 2022 ................................................ –––
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 $263,000,000 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 service that USPS provides, especially for low-
income, minority, and rural communities. During the pandemic,
the reliance of these communities on USPS for critical services,
such as access to medication or banking services, has grown. How-
ever, the Committee is concerned that USPS may not equitably dis-
tribute resources among its retail facilities. Post Offices and retail
facilities in higher-income areas may provide better service and re-
ceive more maintenance funding. The Committee directs the OIG
to examine the difference between the distribution of resources for
retail facility repair and maintenance between low-income and
higher income communities, as well as assess the expected impact
of the USPS Strategic Plan on this issue. The report should also
include an analysis of the ratio of retail facilities to population in
high-income versus low-income communities.
UNITED STATES TAX COURT
SALARIES AND EXPENSES
Appropriation, fiscal year 2021 ......................................................... $56,100,000
Budget request, fiscal year 2022 ....................................................... 58,200,000
Recommended in the bill ................................................................... 58,200,000
Bill compared with:
Appropriation, fiscal year 2021 .................................................. +2,100,000
Budget request, fiscal year 2022 ................................................ –––
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 $58,200,000 for the U.S. Tax Court.
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TITLE VI—GENERAL PROVISIONS—THIS ACT
(INCLUDING RESCISSION OF FUNDS)
Section 601. The Committee continues a provision prohibiting
pay and other expenses for non-Federal parties in regulatory or 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,
projects, or activities in excess of $5,000,000 or 10 percent, which-
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 direct 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, 2023, 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.
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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 permitting the
SEC and Commodities Futures Trading Commission to fund a joint
advisory committee to advise on emerging regulatory issues, not-
withstanding section 708 of this Act.
Section 616. 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 617. The Committee continues language providing for
several appropriated mandatory accounts. These are accounts
where authorizing language requires the payment of funds.
Section 618. The Committee continues a provision prohibiting
funds for the Federal Trade Commission to complete or publish the
study, recommendations, or report prepared by the Interagency
Working Group on Food Marketed to Children.
Section 619. The Committee includes language requiring that the
head of any executive branch agency ensure that the Chief Infor-
mation Officer has authority to participate in the budget planning
process and approval of the information technology budget.
Section 620. The Committee continues a provision prohibiting
funds in contravention of the Federal Records Act.
Section 621. The Committee includes language prohibiting agen-
cies from requiring Internet Service Providers to disclose electronic
communications information in a manner that violates the Fourth
Amendment.
Section 622. The Committee includes language prohibiting funds
to be used to deny inspectors general access to records.
Section 623. The Committee continues a provision prohibiting
any funds made available in this Act from being used to establish
a computer network unless such network blocks the viewing,
downloading, and exchanging of pornography.
Section 624. The Committee continues language prohibiting any
funds made available in this Act from being used to pay for award
or incentive fees for contractors with below satisfactory perform-
ance.
Section 625. The Committee continues language prohibiting
funds made available under this Act from being used for certain
travel and conference activities unless an agency or entity deter-
mines that the travel is in the national interest and advance notice
is provided to the Appropriations Committees.
Section 626. The Committee continues language prohibiting
funds made available under this Act from being used to fund first-
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class or business-class travel in contravention of Federal regula-
tions.
Section 627. The Committee includes language providing an ad-
ditional $850,000 for the Inspectors General Council Fund to ex-
pand and update the Federal-wide Inspectors General (IG) website
oversight.gov.
Section 628. The Committee continues a provision relating to
contracts for public relations services.
Section 629. 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.
Section 630. The Committee includes language rescinding unobli-
gated balances from the Department of the Treasury, Treasury
Forfeiture Fund.
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-
hood Arrivals.
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.
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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
the transfer of funds to GSA to finance an appropriate share of var-
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.
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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 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
government, including the President, the Vice President, a Member
of Congress, the head of an executive branch agency, or the head
of an office of the legislative branch.
Section 736. The Committee continues a provision limiting the
pay increases of certain prevailing rate employees.
Section 737. The Committee continues a provision requiring
agencies to submit reports to Inspectors General concerning 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
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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 related to
impoundment of resources.
Section 748. The Committee includes a new provision requiring
executive branch agencies to respond to GAO’s written requests for
information relating to a decision or opinion on budget or appro-
priations law not later than 20 days after the agency receives the
request.
Section 749. The Committee includes a new provision requiring
that any executive branch agency notify the Committee if an appor-
tionment of an appropriation for such agency is not approved in a
timely and appropriate manner.
Section 750. The Committee includes a new provision restricting
funds from being used to prevent union activities, limit tele-
working, or deny unions space in Federal buildings.
Section 751. The Committee includes a new provision creating a
Commission to review the assigning, modifying, or removing of
names, monuments, statues, public art, historical markers, or other
symbols owned or located on Federal Government property which
are inconsistent with the values of diversity, equity, and inclusion.
Section 752. The Committee includes a new provision addressing
interagency funding for the United States Army Medical Research
and Development Command and the Congressionally Directed
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Medical Research Programs and the National Institutes of Health
research programs.
Section 753. The Committee includes a new provision making
technical amendments related to the Pandemic Response Account-
ability Committee.
Section 754. The Committee includes a new provision related to
recordkeeping requirements for certain GAO audits.
Section 755. The Committee includes a new provision related to
the purchase of remote computing services.
Section 756. The Committee continues a provision concerning the
non-application of these general provisions to title IV and to title
VIII.
TITLE VIII—GENERAL PROVISIONS—DISTRICT OF
COLUMBIA
Section 801. The Committee continues and modifies a provision
establishing reprogramming procedures for Federal funds.
Section 802. The Committee continues a provision prohibiting the
obligation of Federal funds beyond the current fiscal year and
transfers of funds unless expressly provided herein.
Section 803. The Committee continues a provision providing that
not to exceed 50 percent of unobligated balances from Federal ap-
propriations for salaries and expenses may remain available for
certain purposes.
Section 804. The Committee continues a provision appropriating
local funds during fiscal year 2023 if there is an absence of a con-
tinuing resolution or regular appropriation for the District of Co-
lumbia. Funds are provided under the same authorities and condi-
tions and in the same manner and extent as provided for in fiscal
year 2022.
Section 805. The Committee includes a new provision limiting ac-
cess to the D.C. Tuition Assistance Grant program to families with
a taxable annual income of less than $750,000 subject to inflation
as measured by the Consumer Price Index.
Section 806. The Committee continues a provision that concerns
a ‘‘conscience clause’’ on legislation that pertains to contraceptive
coverage by health insurance plans.
Section 807. The Committee continues a provision providing the
District of Columbia authority to transfer, receive, and acquire
lands and funding it deems necessary for the construction and op-
eration of interstate bridges over navigable waters, including re-
lated infrastructure, for projects to expand commuter and regional
passenger rail service and provide bike and pedestrian access cross-
ings.
Section 808. The Committee includes a new provision prohibiting
the federalization of the District of Columbia Metropolitan Police
Department by the President of the United States.
Section 809. The Committee includes a new provision increasing
the maximum annual tuition assistance grant, maximum lifetime
grant, and authority to ratably reduce the grants for students re-
ceiving less than $10,000 annually before reducing the grants for
students receiving less than $10,000 annually.
Section 810. The Committee continues a provision limiting ref-
erences to ‘‘this Act’’ as referring to only this title and title IV.
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HOUSE OF REPRESENTATIVES REPORT REQUIREMENTS
The following items are included in accordance with various re-
quirements of the Rules of the House of Representatives:
STATEMENT OF GENERAL PERFORMANCE GOALS AND
OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House
of Representatives, the following is a statement of general perform-
ance goals and objectives for which this measure authorizes fund-
ing:
The Committee on Appropriations considers program perform-
ance, including a program’s success in developing and attaining
outcome-related goals and objectives, in developing funding rec-
ommendations.
RESCISSION OF FUNDS
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House
of Representatives, the following table is submitted describing the
rescissions recommended in the accompanying bill:
Department or Activity Amount
Department of the Treasury—Treasury Forfeiture Fund .................................................................................. $20,000,000
TRANSFER OF FUNDS
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House
of Representatives, the following list is submitted describing the
transfer of funds in the accompanying bill:
UNDER TITLE I—DEPARTMENT OF THE TREASURY
Language is included under the Committee on Foreign Invest-
ment in the United States allowing the transfer of funds to a de-
partment or agency represented on the Committee upon the ad-
vance notification.
Language is included under Department-Wide Systems and Cap-
ital Investments allowing the transfer of funds to accounts nec-
essary to satisfy the requirement of the Department’s offices, bu-
reaus, and other organizations.
Section 101 allows the transfer of up to four percent of the En-
forcement appropriation and up to five percent of other appropria-
tions made available to the IRS to any other IRS appropriation,
upon the advance approval of the Committees.
Section 112 authorizes transfers, up to two percent, between De-
partmental Offices—Salaries and Expenses, Office of Inspector
General, Special Inspector General for the Troubled Asset Relief
Program, Financial Crimes Enforcement Network, Bureau of the
Fiscal Service, and Alcohol and Tobacco Tax and Trade Bureau ap-
propriations under certain circumstances.
Section 114 provides for the transfer of $4,000,000 from the IRS
into the Treasury Inspector General for Tax Administration appro-
priation.
Section 115 allows the transfer from the Bureau of the Fiscal
Service to the Debt Collection Fund as necessary to cover the costs
of debt collection.
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125
UNDER TITLE II—EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS
APPROPRIATED TO THE PRESIDENT
Language is included under Federal Drug Control Programs,
High Intensity Drug Trafficking Areas Program, which allows for
the transfer of funds to Federal departments or agencies and State
and local entities.
Language is included under Other Federal Drug Control Pro-
grams allowing the transfers of funds to other Federal departments
and agencies to carry out activities.
Language is included under Information Technology Oversight
and Reform allowing the transfer of funds to other agencies to
carry out projects.
Language is included under the Official Residence of the Vice
President, Operating Expenses, allowing the transfer of funds to
other Federal departments or agencies.
Section 201 permits the Executive Office of the President to
transfer up to 10 percent of certain appropriations, subject to ap-
proval of the Committee.
UNDER TITLE III—THE JUDICIARY
Language is included under Court Security allowing the transfer
of funds to the United States Marshals Service for courthouse secu-
rity.
Section 302 permits the Judiciary to transfer up to five percent
of any appropriation with certain limitations.
UNDER TITLE V—INDEPENDENT AGENCIES
Language is included under the Election Assistance Commission
providing for the transfer of funds to the National Institute of
Standards and Technology.
Language is included under the General Services Administration
allowing the transfer of funds within the Federal Buildings Fund,
under certain circumstances, upon the advance approval of the
Committees.
Language is included under the General Services Administration,
Federal Citizens Services Fund, allowing the transfer of funds from
the Federal Citizens Services Fund to Federal agencies.
Language is included under the General Services Administration,
Working Capital Fund, allowing the transfer of funds from the
Working Capital Fund to other Federal agencies.
Language is included under the General Services Administration,
Electric Vehicles Fund, allowing the transfer of funds from the
Electric Vehicles Fund to other Federal agencies.
Section 521 permits the General Services Administration to
transfer funds in the Federal Buildings Fund upon the advance ap-
proval of the Committees.
Language is included under the Merit Systems Protection Board,
Salaries and Expenses, allowing the transfer from the Civil Service
Retirement and Disability Fund.
Language is included under the Office of Personnel Management,
Salaries and Expenses, allowing the transfer of certain trust funds
to the Salaries and Expenses account for administrative expenses,
and allowing the transfer of up to three percent of the appropria-
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126
tion into an information technology working capital fund upon the
advance approval of the Committees.
Language is included under the Office of Personnel Management,
Office of Inspector General, allowing the transfer of certain trust
funds to the Office of Inspector General account for administrative
expenses.
Language is included under the Postal Regulatory Commission,
Salaries and Expenses, allowing the transfer of amounts from the
Postal Service Fund.
Language is included under the Small Business Administration,
Business Loans Program Account, allowing funds to be transferred
to and merged with the Salaries and Expenses appropriation.
Language is included under the Small Business Administration,
Disaster Loans Program Account, allowing funds to be transferred
to and merged with the Office of Inspector General and Salaries
and Expenses appropriations.
Section 550 permits the transfer of funds between appropriations
of the Small Business Administration.
Section 551 permits the transfer of funds from the Small Busi-
ness Administration Salaries and Expenses and Business Loans
Program Account appropriations into the Information Technology
Systems Modernization and Working Capital Fund.
Language is included under the United States Postal Service, Of-
fice of Inspector General, Salaries and Expenses, allowing the
transfer of funds from the Postal Service Fund.
UNDER TITLE VII—GENERAL PROVISIONS—GOVERNMENT-WIDE
Section 721 authorizes departments and agencies to transfer
funds to the General Services Administration to support certain fi-
nancial, information technology, procurement, and other manage-
ment initiatives.
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED
SPENDING ITEMS
The following table is submitted in compliance with clause 9 of
rule XXI, and lists the congressional earmarks (as defined in para-
graph (e) of clause 9) contained in the bill or in this report. Neither
the bill nor the report contain any limited tax benefits or limited
tariff benefits as defined in paragraphs (f) or (g) of clause 9 of rule
XXI.
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VerDate Sep 11 2014
07:56 Jul 02, 2021
FINANCIAL SERVICES AND GENERAL GOVERNMENT
[Community Project Funding Items]
Jkt 045001 Agency Account Recipient Project Amount Requestor(s)
Small Business Administration Salaries and Expenses Delaware State University, Center for Urban Revital- $1,000,000 Blunt Rochester
Dover, DE ization and Entrepreneur-
PO 00000 ship
Small Business Administration Salaries and Expenses Columbia County Economic Columbia County Small $175,000 Bonamici
Team, St. Helens, OR Business Resource Center
Frm 00127 Small Business Administration Salaries and Expenses Gwinnett County University Gwinnett County University $100,000 Bourdeaux
of Georgia Small Business of Georgia Small Business
Development Center, Development Center
Lawrenceville, GA
Fmt 6659
Small Business Administration Salaries and Expenses Western Illinois University, Business Ownership $400,000 Bustos
Moline, IL Lifecycle Initiatives
127
Small Business Administration Salaries and Expenses The Greater Wilkes-Barre Project Elevate $1,000,000 Cartwright
Sfmt 6602 Chamber of Business and
Industry, Wilkes-Barre,
PA
Small Business Administration Salaries and Expenses Institute for Native Pacific Leeward Community Small $500,000 Case
Education and Culture, Business Incubator
Kapolei, HI
Small Business Administration Salaries and Expenses South Carolina State Uni- Small Business Research $1,000,000 Clyburn
versity, Orangeburg, SC and Entrepreneurial
E:\HR\OC\HR079.XXX
Leadership Institute
HR079 Small Business Administration Salaries and Expenses Black Business Association Memphis ReStart Initiative $750,000 Cohen
of Memphis, Memphis,
TN
Small Business Administration Salaries and Expenses Center for Inclusive Entre- North Cascades Community $180,644 DelBene
preneurship, Mount Enterprise Program
Vernon, WA
Small Business Administration Salaries and Expenses Vested In, Philadelphia, PA Our Businesses, Our Neigh- $149,324 Evans
borhoods, Our Stories
Small Business Administration Salaries and Expenses SUNY Buffalo State Small e-Commerce for Disadvan- $750,000 Higgins (NY)
Business Development taged Businesses
Center, Buffalo, NY
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07:56 Jul 02, 2021
FINANCIAL SERVICES AND GENERAL GOVERNMENT—Continued
[Community Project Funding Items]
Jkt 045001 Agency Account Recipient Project Amount Requestor(s)
Small Business Administration Salaries and Expenses Westminster Economic De- West Side Bazaar Expan- $950,000 Higgins (NY)
velopment Initiative, Inc., sion Project
PO 00000 Buffalo, NY
Small Business Administration Salaries and Expenses County of San Diego, San County of San Diego Child $1,000,000 Jacobs (CA)
Diego, CA Care Expansion Fund
Frm 00128 Small Business Administration Salaries and Expenses Chicago Southland Eco- Ascending House $200,000 Kelly (IL)
nomic Development Cor-
poration, Hazel Crest, IL
Fmt 6659 Small Business Administration Salaries and Expenses Mississippi Small Business Mississippi Small Business $742,800 Kelly (MS)
Development Centers, Tech Commercialization
University of Mississippi, Center
University, MS 128
Sfmt 6602 Small Business Administration Salaries and Expenses HIRE360, Chicago, IL HIRE360 Business Develop- $1,000,000 Krishnamoorthi
ment Center
Small Business Administration Salaries and Expenses Connecticut Center for Ad- Connecticut Manufacturing $900,000 Larson (CT)
vanced Technology, East & Technology CommU-
Hartford, CT NITY eCommons
Small Business Administration Salaries and Expenses City of Southfield, South- Centrepolis Accelerator $200,000 Lawrence
E:\HR\OC\HR079.XXX field, MI
Small Business Administration Salaries and Expenses Detroit Economic Growth Detroit Means Business $200,000 Lawrence
Corporation, Detroit, MI
HR079
Small Business Administration Salaries and Expenses City of Henderson, Hender- Henderson Workforce $1,000,000 Lee (NV)
son, NV Training Center
Small Business Administration Salaries and Expenses Manhattan Chamber of Manhattan Storefront Revi- $800,000 Maloney, Carolyn B.
Commerce Foundation, talization & Small Busi-
New York, NY ness Entrepreneurship
Project
Small Business Administration Salaries and Expenses City of Doraville, Atlanta, City of Doraville-Small and $250,000 McBath
GA Local Business Facade
Improvement Grants
Small Business Administration Salaries and Expenses Neighborhood Development Neighborhood Development $1,000,000 McCollum
Center, Saint Paul, MN Center (NDC) Small Busi-
ness Incubator Project
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07:56 Jul 02, 2021
Small Business Administration Salaries and Expenses Local Initiatives Support Local Initiatives Support $1,000,000 McCollum
Corporation, Saint Paul, Corporation (LISC) Twin
MN Cities Creative
Jkt 045001
Placemaking
Small Business Administration Salaries and Expenses Creative Hub Worcester, Creative Hub Community $300,000 McGovern
Inc., Worcester, MA Arts Center
PO 00000 Small Business Administration Salaries and Expenses City of Stockton, Stockton, Resurgent Stockton: Eco- $1,000,000 McNerney
CA nomic Development,
Workforce Development
and Youth Employment
Frm 00129 Small Business Administration Salaries and Expenses New River Gorge Develop- Southern WV Emerging In- $750,000 Miller (WV)
ment Authority, Beckley, dustry Accelerator
WV
Fmt 6659 Small Business Administration Salaries and Expenses Urban League of Rochester, Community Business Acad- $200,000 Morelle
NY, Inc., Rochester, NY emy
Small Business Administration Salaries and Expenses Trustees of Columbia Uni- High School Training Pro- $134,000 Nadler
129
versity in the City of New gram for Small Business
Sfmt 6602
York, New York, NY Accounting
Small Business Administration Salaries and Expenses 36Squared Business Incu- 36Squared Business Incu- $80,000 Newman
bator, Chicago, IL bator
Small Business Administration Salaries and Expenses Northside Economic Oppor- NEON Food Entrepreneur $1,000,000 Omar
tunity Network (NEON), Incubation Center
Minneapolis , MN
Small Business Administration Salaries and Expenses El Pajaro Community De- El Pajaro Alisal Kitchen In- $200,000 Panetta
E:\HR\OC\HR079.XXX
velopment Corporation, cubator
Watsonville, CA
HR079
Small Business Administration Salaries and Expenses Institute for Entrepre- Small Businesses Need Us $971,977 Payne
neurial Leadership, Inc.,
Newark, NJ
Small Business Administration Salaries and Expenses Wisconsin Small Business University of Wisconsin- $173,507 Pocan
Development Center at Madison Small Business
the University of Wis- Development Center
consin-Madison, Madison,
WI
Small Business Administration Salaries and Expenses Town of Morrisville, Morris- Morrisville Small Business $300,000 Ross
ville, NC Development Program
Small Business Administration Salaries and Expenses Youngstown Edison Incu- Valley Internet of Things $312,744 Ryan
bator Corporation, Initiative (VIOTI)
Youngstown, OH
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07:56 Jul 02, 2021
FINANCIAL SERVICES AND GENERAL GOVERNMENT—Continued
[Community Project Funding Items]
Jkt 045001 Agency Account Recipient Project Amount Requestor(s)
Small Business Administration Salaries and Expenses CNMI Small Business De- CNMI SBDC Business In- $952,394 Sablan
velopment Center at novation Incubator
Northern Marianas Col-
lege, Saipan, MP
PO 00000
Small Business Administration Salaries and Expenses Florida International Uni- Startup FIU Tech and Food $500,000 Salazar
versity Brickell Campus, Business Hub
Frm 00130 Miami, FL
Small Business Administration Salaries and Expenses Central Alabama Redevel- Small Business Accelerator $474,355 Sewell
opment Alliance, Fair- Program
field, AL
Fmt 6659
Small Business Administration Salaries and Expenses The Valley Economic Alli- Business Technical Assist- $138,000 Sherman
ance, Sherman Oaks, CA ance Program 130
Sfmt 6602 Small Business Administration Salaries and Expenses World Relief Seattle, Kent, Entrepreneurship Incuba- $673,000 Smith (WA)
WA tion Hub: Teaching &
Commercial Kitchen for
Refugee & Immigrant
Small Business Administration Salaries and Expenses City of Tempe, Tempe, AZ Growing BIPOC Micro- $500,000 Stanton
manufacturing Entre-
preneurs
Small Business Administration Salaries and Expenses Clinton County Government Clinton County Business- $1,000,000 Stefanik
E:\HR\OC\HR079.XXX
Center, Plattsburgh, NY Ready Capital Project
Small Business Administration Salaries and Expenses City of Las Vegas, Las Small Business Support $437,200 Titus
HR079
Vegas, NV Center
Small Business Administration Salaries and Expenses ProsperUS Detroit Micro ProsperUS Detroit Micro $1,000,000 Tlaib
Lending, Detroit, MI Lending
Small Business Administration Salaries and Expenses California State Polytechnic Bronco STEA2M Innovation $1,000,000 Torres (CA)
University, Pomona, CA Hub
Small Business Administration Salaries and Expenses Entrepreneurship for All, Entrepreneurship for All - $1,000,000 Trahan
Inc., Lowell, MA Statewide Initiative
Small Business Administration Salaries and Expenses Sinclair Community Col- Sinclair Community College $1,000,000 Turner
lege, Dayton, OH Center for Advanced
Manufacturing
VerDate Sep 11 2014
07:56 Jul 02, 2021
Small Business Administration Salaries and Expenses Wright Patterson Regional Wright Patterson Regional $1,000,000 Turner
Council of Governments, Council of Governments
Fairborn, OH
Small Business Administration Salaries and Expenses United Way of the Battle Asset, Limited, Income Con- $50,000 Upton
Jkt 045001
Creek and Kalamazoo Re- strained, and Employed
gion, Kalamazoo, MI (ALICE) Friendly Work-
place Project
PO 00000
Small Business Administration Salaries and Expenses Atlantic City Office of the Atlantic City Small Busi- $800,000 Van Drew
Business Administrator, ness Assistance Initiative
Atlantic City, NJ
Frm 00131 Small Business Administration Salaries and Expenses Texas A&M Engineering RGV Small Business Inno- $500,000 Vela
Experiment Station, Col- vation Research and
lege Station, TX Technology Transfer Pro-
gram
Fmt 6659
Small Business Administration Salaries and Expenses Urban League of Greater Small Business Accelerator $150,000 Williams (GA)
Atlanta, Inc., Decatur, GA Program in the Atlanta 131
Area
Small Business Administration Salaries and Expenses Louisville Metro Govern- Black and Diverse Business $250,000 Yarmuth
Sfmt 6602
ment, Louisville, KY Wealth Initiative
Small Business Administration Salaries and Expenses Community Ventures Cor- Chef Space Consumer-Pack- $330,000 Yarmuth
poration, Inc., Lexington, aged Goods Expansion
KY
E:\HR\OC\HR079.XXX
HR079
132
COMPLIANCE WITH RULE XIII, CL. 3(E) (RAMSEYER RULE)
In compliance with clause 3(e) of rule XIII of the Rules of the
House of Representatives, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be omit-
ted is enclosed in black brackets, new matter is printed in italics,
existing law in which no change is proposed is shown in roman):
COMPLIANCE WITH RULE XIII, CL. 3(e) (RAMSEYER RULE)
In compliance with clause 3(e) of rule XIII of the Rules of the
House of Representatives, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be omit-
ted is enclosed in black brackets, new matter is printed in italics,
existing law in which no change is proposed is shown in roman):
JUDICIAL IMPROVEMENTS ACT OF 1990
TITLE II—FEDERAL JUDGESHIPS
* * * * * * *
SEC. 203. DISTRICT JUDGES FOR THE DISTRICT COURTS.
(a) IN GENERAL.—The President shall appoint, by and with the
advice and consent of the Senate—
(1) 1 additional district judge for the western district of Ar-
kansas;
(2) 2 additional district judges for the northern district of
California;
(3) 5 additional district judges for the central district of Cali-
fornia;
(4) 1 additional district judge for the southern district of
California;
(5) 2 additional district judges for the district of Connecticut;
(6) 2 additional district judges for the middle district of Flor-
ida;
(7) 1 additional district judge for the northern district of
Florida;
(8) 1 additional district judge for the southern district of
Florida;
(9) 1 additional district judge for the middle district of Geor-
gia;
(10) 1 additional district judge for the northern district of Il-
linois;
(11) 1 additional district judge for the southern district of
Iowa;
(12) 1 additional district judge for the western district of
Louisiana;
(13) 1 additional district judge for the district of Maine;
(14) 1 additional district judge for the district of Massachu-
setts;
(15) 1 additional district judge for the southern district of
Mississippi;
(16) 1 additional district judge for the eastern district of Mis-
souri;
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133
(17) 1 additional district judge for the district of New Hamp-
shire;
(18) 3 additional district judges for the district of New Jer-
sey;
(19) 1 additional district judge for the district of New Mexico;
(20) 1 additional district judge for the southern district of
New York;
(21) 3 additional district judges for the eastern district of
New York;
(22) 1 additional district judge for the middle district of
North Carolina;
(23) 1 additional district judge for the southern district of
Ohio;
(24) 1 additional district judge for the northern district of
Oklahoma;
(25) 1 additional district judge for the western district of
Oklahoma;
(26) 1 additional district judge for the district of Oregon;
(27) 3 additional district judges for the eastern district of
Pennsylvania;
(28) 1 additional district judge for the middle district of
Pennsylvania;
(29) 1 additional district judge for the district of South Caro-
lina;
(30) 1 additional district judge for the eastern district of Ten-
nessee;
(31) 1 additional district judge for the western district of
Tennessee;
(32) 1 additional district judge for the middle district of Ten-
nessee;
(33) 2 additional district judges for the northern district of
Texas;
(34) 1 additional district judge for the eastern district of
Texas;
(35) 5 additional district judges for the southern district of
Texas;
(36) 3 additional district judges for the western district of
Texas;
(37) 1 additional district judge for the district of Utah;
(38) 1 additional district judge for the eastern district of
Washington;
(39) 1 additional district judge for the northern district of
West Virginia;
(40) 1 additional district judge for the southern district of
West Virginia; and
(41) 1 additional district judge for the district of Wyoming.
(b) EXISTING JUDGESHIPS.—(1) The existing district judgeships
for the western district of Arkansas, the northern district of Illi-
nois, the northern district of Indiana, the district of Massachusetts,
the western district of New York, the eastern district of North
Carolina, the northern district of Ohio, and the western district of
Washington authorized by section 202(b) of the Bankruptcy
Amendments and Federal Judgeship Act of 1984 (Public Law 98–
353, 98 Stat. 347–348) shall, as of the effective date of this title,
be authorized under section 133 of title 28, United States Code,
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134
and the incumbents in those offices shall hold the office under sec-
tion 133 of title 28, United States Code, as amended by this title.
(2)(A) The existing 2 district judgeships for the eastern and west-
ern districts of Arkansas (provided by section 133 of title 28,
United States Code, as in effect on the day before the effective date
of this title) shall be district judgeships for the eastern district of
Arkansas only, and the incumbents of such judgeships shall hold
the offices under section 133 of title 28, United States Code, as
amended by this title.
(B) The existing district judgeship for the northern and southern
districts of Iowa (provided by section 133 of title 28, United States
Code, as in effect on the day before the effective date of this title)
shall be a district judgeship for the northern district of Iowa only,
and the incumbent of such judgeship shall hold the office under
section 133 of title 28, United States Code, as amended by this
title.
(C) The existing district judgeship for the northern, eastern, and
western districts of Oklahoma (provided by section 133 of title 28,
United States Code, as in effect on the day before the effective date
of this title) and the occupant of which has his or her official duty
station at Oklahoma City on the date of the enactment of this title,
shall be a district judgeship for the western district of Oklahoma
only, and the incumbent of such judgeship shall hold the office
under section 133 of title 28, United States Code, as amended by
this title.
(c) TEMPORARY JUDGESHIPS.—The President shall appoint, by
and with the advice and consent of the Senate—
(1) 1 additional district judge for the eastern district of Cali-
fornia;
(2) 1 additional district judge for the district of Hawaii;
(3) 1 additional district judge for the central district of Illi-
nois;
(4) 1 additional district judge for the southern district of Illi-
nois;
(5) 1 additional district judge for the district of Kansas;
(6) 1 additional district judge for the western district of
Michigan;
(7) 1 additional district judge for the eastern district of Mis-
souri;
(8) 1 additional district judge for the district of Nebraska;
(9) 1 additional district judge for the northern district of New
York;
(10) 1 additional district judge for the northern district of
Ohio;
(11) 1 additional district judge for the eastern district of
Pennsylvania; and
(12) 1 additional district judge for the eastern district of Vir-
ginia.
Except with respect to the district of Kansas, the western district
of Michigan, the eastern district of Pennsylvania, the district of
Hawaii, and the northern district of Ohio, the first vacancy in the
office of district judge in each of the judicial districts named in this
subsection, occurring 10 years or more after the confirmation date
of the judge named to fill the temporary judgeship created by this
subsection, shall not be filled. The first vacancy in the office of dis-
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135
trict judge in the district of Kansas occurring ø30 years and 6
months¿ 31 years and 6 months or more after the confirmation
date of the judge named to fill the temporary judgeship created for
such district under this subsection, shall not be filled. The first va-
cancy in the office of district judge in the western district of Michi-
gan, occurring after December 1, 1995, shall not be filled. The first
vacancy in the office of district judge in the eastern district of
Pennsylvania, occurring 5 years or more after the confirmation
date of the judge named to fill the temporary judgeship created for
such district under this subsection, shall not be filled. The first va-
cancy in the office of district judge in the northern district of Ohio
occurring 19 years or more after the confirmation date of the judge
named to fill the temporary judgeship created under this sub-
section shall not be filled. The first vacancy in the office of the dis-
trict judge in the district of Hawaii occurring ø27 years and 6
months¿ 28 years and 6 months or more after the confirmation
date of the judge named to fill the temporary judgeship created
under this subsection shall not be filled. For districts named in this
subsection for which multiple judgeships are created by this Act,
the last of those judgeships filled shall be the judgeships created
under this section.
* * * * * * *
TRANSPORTATION, TREASURY, HOUSING AND URBAN
DEVELOPMENT, THE JUDICIARY, THE DISTRICT OF
COLUMBIA, AND INDEPENDENT AGENCIES APPRO-
PRIATIONS ACT, 2006
DIVISION A—TRANSPORTATION, TREASURY, HOUSING AND
URBAN DEVELOPMENT, THE JUDICIARY, AND INDE-
PENDENT AGENCIES APPROPRIATIONS ACT, 2006
* * * * * * *
TITLE IV—THE JUDICIARY
* * * * * * *
SEC. 406. The existing judgeship for the eastern district of Mis-
souri authorized by section 203(c) of the Judicial Improvements Act
of 1990 (Public Law 101–650, 104 Stat. 5089) as amended by Public
Law 105–53, as of the effective date of this Act, shall be extended.
The first vacancy in the office of district judge in this district occur-
ring ø28 years and 6 months¿ 29 years and 6 months or more after
the confirmation date of the judge named to fill the temporary
judgeship created by section 203(c) shall not be filled.
* * * * * * *
21ST CENTURY DEPARTMENT OF JUSTICE
APPROPRIATIONS AUTHORIZATION ACT
* * * * * * *
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136
DIVISION A—21ST CENTURY DEPARTMENT OF JUSTICE
APPROPRIATIONS AUTHORIZATION ACT
* * * * * * *
TITLE III—MISCELLANEOUS
* * * * * * *
SEC. 312. ADDITIONAL FEDERAL JUDGESHIPS.
(a) PERMANENT DISTRICT JUDGES FOR THE DISTRICT COURTS.—
(1) IN GENERAL.—The President shall appoint, by and with
the advice and consent of the Senate—
(A) 5 additional district judges for the southern district
of California;
(B) 1 additional district judge for the western district of
North Carolina; and
(C) 2 additional district judges for the western district of
Texas.
(2) [Omitted—Amendatory]
(b) DISTRICT JUDGESHIPS FOR THE CENTRAL AND SOUTHERN DIS-
TRICTS OF ILLINOIS, THE NORTHERN DISTRICT OF NEW YORK, AND
THE EASTERN DISTRICT OF VIRGINIA.—
(1) CONVERSION OF TEMPORARY JUDGESHIPS TO PERMANENT
JUDGESHIPS.—The existing district judgeships for the central
district and the southern district of Illinois, the northern dis-
trict of New York, and the eastern district of Virginia author-
ized by section 203(c) (3), (4), (9), and (12) of the Judicial Im-
provements Act of 1990 (Public Law 101–650, 28 U.S.C. 133
note) shall be authorized under section 133 of title 28, United
States Code, and the incumbents in such offices shall hold the
offices under section 133 of title 28, United States Code (as
amended by this section).
(2) [Omitted—Amendatory]
(3) EFFECTIVE DATE.—With respect to the central or southern
district of Illinois, the northern district of New York, or the
eastern district of Virginia, this subsection shall take effect on
the earlier of—
(A) the date on which the first vacancy in the office of
district judge occurs in such district; or
(B) July 15, 2003.
(c) TEMPORARY JUDGESHIPS.—
(1) IN GENERAL.—The President shall appoint, by and with
the advice and consent of the Senate—
(A) 1 additional district judge for the northern district of
Alabama;
(B) 1 additional judge for the district of Arizona;
(C) 1 additional judge for the central district of Cali-
fornia;
(D) 1 additional judge for the southern district of Flor-
ida;
(E) 1 additional district judge for the district of New
Mexico;
(F) 1 additional district judge for the western district of
North Carolina; and
(G) 1 additional district judge for the eastern district of
Texas.
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137
(2) VACANCIES NOT FILLED.—The first vacancy in the office of
district judge in each of the offices of district judge authorized
by this subsection, except in the case of the central district of
California and the western district of North Carolina, occurring
ø19 years¿ 20 years or more after the confirmation date of the
judge named to fill the temporary district judgeship created in
the applicable district by this subsection, shall not be filled.
The first vacancy in the office of district judge in the central
district of California occurring ø18 years and 6 months¿ 19
years and 6 months or more after the confirmation date of the
judge named to fill the temporary district judgeship created in
that district by this subsection, shall not be filled. The first va-
cancy in the office of district judge in the western district of
North Carolina occurring ø17 years¿ 18 years or more after the
confirmation date of the judge named to fill the temporary dis-
trict judgeship created in that district by this subsection, shall
not be filled.
(3) EFFECTIVE DATE.—This subsection shall take effect on
July 15, 2003.
(d) EXTENSION OF TEMPORARY FEDERAL DISTRICT COURT JUDGE-
SHIP FOR THE NORTHERN DISTRICT OF OHIO.—
(1) IN GENERAL.—[Omitted—Amendatory]
(2) EFFECTIVE DATE.—The amendments made by this sub-
section shall take effect on the date of enactment of this Act.
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to
be appropriated such sums as may be necessary to carry out this
section, including such sums as may be necessary to provide appro-
priate space and facilities for the judicial positions created by this
section.
* * * * * * *
UNIVERSAL SERVICE ANTIDEFICIENCY TEMPORARY
SUSPENSION ACT
* * * * * * *
TITLE III—UNIVERSAL SERVICE
* * * * * * *
SEC. 302. APPLICATION OF CERTAIN TITLE 31 PROVISIONS TO UNI-
VERSAL SERVICE FUND.
(a) IN GENERAL.—During the period beginning on the date of en-
actment of this Act and ending on øDecember 31, 2021¿ December
31, 2022, section 1341 and subchapter II of chapter 15 of title 31,
United States Code, do not apply—
(1) to any amount collected or received as Federal universal
service contributions required by section 254 of the Commu-
nications Act of 1934 (47 U.S.C. 254), including any interest
earned on such contributions; nor
(2) to the expenditure or obligation of amounts attributable
to such contributions for universal service support programs
established pursuant to that section.
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(b) POST-2005 FULFILLMENT OF PROTECTED OBLIGATIONS.—Sec-
tion 1341 and subchapter II of chapter 15 of title 31, United States
Code, do not apply after øDecember 31, 2021¿ December 31, 2022,
to an expenditure or obligation described in subsection (a)(2) made
or authorized during the period described in subsection (a).
* * * * * * *
TITLE 40, UNITED STATES CODE
* * * * * * *
SUBTITLE II—PUBLIC BUILDINGS AND WORKS
* * * * * * *
PART A—GENERAL
* * * * * * *
CHAPTER 31—GENERAL
* * * * * * *
SUBCHAPTER VI—MISCELLANEOUS
* * * * * * *
§ 3173. Working capital fund for General Services Adminis-
tration
(a) ESTABLISHMENT AND PURPOSE.—There is a working capital
fund for the necessary expenses of administrative support services
including accounting, budget, personnel, legal support and other re-
lated services; and the maintenance and operation of printing and
reproduction facilities in support of the functions of the General
Services Administration, other Federal agencies, and other entities;
and other such administrative and management services that the
Administrator of GSA deems appropriate and advantageous (sub-
ject to prior notice to the Office of Management and Budget).
(b) COMPOSITION.—
(1) IN GENERAL.—Amounts received shall be credited to and
merged with the Fund, to remain available until expended, for
operating costs and capital outlays of the Fund: Provided, That
entities for which such services are performed shall be charged
at rates which will return in full all costs of providing such
services.
(2) COST AND CAPITAL REQUIREMENTS.—The Administrator
shall determine the cost and capital requirements of the Fund
for each fiscal year and shall develop a plan concerning such
requirements in consultation with the Chief Financial Officer
of the General Services Administration. Any change to the cost
and capital requirements of the Fund for a fiscal year shall be
approved by the Administrator. The Administrator shall estab-
lish rates to be charged to entities for which services are per-
formed, in accordance with the plan.
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(c) DEPOSIT OF EXCESS AMOUNTS IN THE TREASURY.—At the close
of each fiscal year, after making provision for anticipated operating
needs reflected in the cost and capital plan developed under sub-
section (b), the uncommitted balance of any funds remaining in the
Fund shall be transferred to the general fund of the Treasury as
miscellaneous receipts.
(d) TRANSFER AND USE OF AMOUNTS FOR MAJOR EQUIPMENT AC-
QUISITIONS.—
(1) IN GENERAL.—Subject to subparagraph (2), unobligated
balances of amounts appropriated or otherwise made available
to the General Services Administration for operating expenses
and salaries and expenses may be transferred and merged into
the ‘‘Major equipment acquisitions and development activity’’ of
the working capital fund of the General Services Administra-
tion for agency-wide acquisition of capital equipment, auto-
mated data processing systems and financial management and
management information systems: Provided, That acquisitions
are limited to those needed to implement the Chief Financial
Officers Act of 1990 (Public Law 101–576, 104 Stat. 2838) and
related laws or regulations or for agency-wide acquisition of
equipment or systems or the acquisition of services as necessary
to implement the Act.
(2) REQUIREMENTS AND AVAILABILITY.—
(A) TIME FOR TRANSFER.—Transfer of an amount under
this section must be done no later than the end of the fifth
fiscal year after the fiscal year for which the amount is ap-
propriated or otherwise made available.
(B) APPROVAL FOR USE.—An amount transferred under
this section may be used only with the advance approval
of the Committees on Appropriations of the House of Rep-
resentatives and the Senate.
(C) AVAILABILITY.—An amount transferred under this
section remains available until expended.
* * * * * * *
CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY
ACT
* * * * * * *
DIVISION B—EMERGENCY APPROPRIATIONS FOR
CORONAVIRUS HEALTH RESPONSE AND AGENCY OPER-
ATIONS
* * * * * * *
TITLE V
DEPARTMENT OF THE TREASURY
* * * * * * *
PANDEMIC RESPONSE ACCOUNTABILITY COMMITTE
SEC. 15010. (a) In this section—
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(1) the term ‘‘agency’’ has the meaning given the term in sec-
tion 551 of title 5, United States Code;
(2) the term ‘‘appropriate congressional committees’’ means—
(A) the Committees on Appropriations of the Senate and
the House of Representatives;
(B) the Committee on Homeland Security and Govern-
mental Affairs of the Senate;
(C) the Committee on Oversight and Reform of the
House of Representatives; and
(D) any other relevant congressional committee of juris-
diction;
(3) the term ‘‘Chairperson’’ means the Chairperson of the
Committee;
(4) the term ‘‘Council’’ means the Council of the Inspectors
General on Integrity and Efficiency established under section
11 of the Inspector General Act of 1978 (5 U.S.C. App);
(5) the term ‘‘Committee’’ means the Pandemic Response Ac-
countability Committee established under subsection (b);
(6) the term ‘‘covered funds’’ means any funds, including
loans, that are made available in any form to any non-Federal
entity, not including an individual, under—
(A) the Coronavirus Aid, Relief, and Economic Security
Act (divisions A and B);
(B) the Coronavirus Preparedness and Response Supple-
mental Appropriations Act, 2020 (Public Law 116-123);
(C) the Families First Coronavirus Response Act (Public
Law 116-127);
(D) the Paycheck Protection Program and Health Care
Enhancement Act (Public Law 116–139); øor¿
(E) divisions M and N of the Consolidated Appropria-
tions Act, 2021; and
(F) the American Rescue Plan Act of 2021 (Public Law
117–2); and
(7) the term ‘‘Coronavirus response’’ means the Federal Gov-
ernment’s response to the nationwide public health emergency
declared by the Secretary of Health and Human Services, ret-
roactive to January 27, 2020, pursuant to section 319 of the
Public Health Service Act (42 U.S.C. 247d), as a result of con-
firmed cases of the novel coronavirus (COVID-19) in the
United States.
(b) There is established within the Council the Pandemic Re-
sponse Accountability Committee to promote transparency and con-
duct and support oversight of covered funds and the Coronavirus
response to—
(1) prevent and detect fraud, waste, abuse, and mismanage-
ment; and
(2) mitigate major risks that cut across program and agency
boundaries.
(c)(1) The Chairperson of the Committee shall be selected by the
Chairperson of the Council from among Inspectors General de-
scribed in subparagraphs (B), (C), and (D) of paragraph (2) with ex-
perience managing oversight of large organizations and expendi-
tures.
(2) The members of the Committee shall include—
(A) the Chairperson;
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141
(B) the Inspectors General of the Departments of Defense,
Education, Health and Human Services, Homeland Security,
Justice, Labor, and the Treasury;
(C) the Inspector General of the Small Business Administra-
tion;
(D) the Treasury Inspector General for Tax Administration;
and
(E) any other Inspector General, as designated by the Chair-
person from any agency that expends or obligates covered
funds or is involved in the Coronavirus response.
(3)(A) There shall be an Executive Director and a Deputy Execu-
tive Director of the Committee.
(B)(i)(I) Not later than 30 days after the date of enactment
of this Act, the Executive Director of the Committee shall be
appointed by the Chairperson of the Council, in consultation
with the majority leader of the Senate, the Speaker of the
House of Representatives, the minority leader of the Senate,
and the minority leader of the House of Representatives.
(II) Not later than 90 days after the date of enact-
ment of this Act, the Deputy Executive Director of the
Committee shall be appointed by the Chairperson of
the Council, in consultation with the majority leader
of the Senate, the Speaker of the House of Representa-
tives, the minority leader of the Senate, the minority
leader of the House of Representatives, and the Execu-
tive Director of the Committee.
(ii) The Executive Director and the Deputy Executive Di-
rector of the Committee shall—
(I) have demonstrated ability in accounting, audit-
ing, and financial analysis;
(II) have experience managing oversight of large or-
ganizations and expenditures; and
(III) be full-time employees of the Committee.
(C) The Executive Director of the Committee shall—
(i) report directly to the Chairperson;
(ii) appoint staff of the Committee, subject to the ap-
proval of the Chairperson, consistent with subsection (f);
(iii) supervise and coordinate Committee functions and
staff; and
(iv) perform any other duties assigned to the Executive
Director by the Committee.
(4)(A) Members of the Committee may not receive additional
compensation for services performed.
(B) The Executive Director and Deputy Executive Director of
the Committee shall be compensated at the rate of basic pay
prescribed for level IV of the Executive Schedule under section
5315 of title 5, United States Code.
(d)(1)(A) The Committee shall conduct and coordinate oversight
of covered funds and the Coronavirus response and support Inspec-
tors General in the oversight of covered funds and the Coronavirus
response in order to—
(i) detect and prevent fraud, waste, abuse, and mismanage-
ment; and
(ii) identify major risks that cut across programs and agency
boundaries.
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(B) The functions of the Committee shall include—
(i) developing a strategic plan to ensure coordinated, effi-
cient, and effective comprehensive oversight by the Com-
mittee and Inspectors General over all aspects of covered
funds and the Coronavirus response;
(ii) auditing or reviewing covered funds, including a com-
prehensive audit and review of charges made to Federal
contracts pursuant to authorities provided in the
Coronavirus Aid, Relief, and Economic Security Act, to de-
termine whether wasteful spending, poor contract or grant
management, or other abuses are occurring and referring
matters the Committee considers appropriate for investiga-
tion to the Inspector General for the agency that disbursed
the covered funds, including conducting randomized audits
to identify fraud;
(iii) reviewing whether the reporting of contracts and
grants using covered funds meets applicable standards and
specifies the purpose of the contract or grant and measures
of performance;
(iv) reviewing the economy, efficiency, and effectiveness
in the administration of, and the detection of fraud, waste,
abuse, and mismanagement in, Coronavirus response pro-
grams and operations;
(v) reviewing whether competition requirements applica-
ble to contracts and grants using covered funds have been
satisfied;
(vi) serving as a liaison to the Director of the Office of
Management and Budget, the Secretary of the Treasury,
and other officials responsible for implementing the
Coronavirus response;
(vii) reviewing whether there are sufficient qualified ac-
quisition, grant, and other applicable personnel overseeing
covered funds and the Coronavirus response;
(viii) reviewing whether personnel whose duties involve
the Coronavirus response or acquisitions or grants made
with covered funds or are otherwise related to the
Coronavirus response receive adequate training, tech-
nology support, and other resources;
(ix) reviewing whether there are appropriate mecha-
nisms for interagency collaboration relating to the over-
sight of covered funds and the Coronavirus response, in-
cluding coordinating and collaborating to the extent prac-
ticable with State and local government entities;
(x) expeditiously reporting to the Attorney General any
instance in which the Committee has reasonable grounds
to believe there has been a violation of Federal criminal
law; and
(xi) coordinating and supporting Inspectors General on
matters related to oversight of covered funds and the
Coronavirus response.
(2)(A)(i) The Committee shall submit to the President and Con-
gress, including the appropriate congressional committees, manage-
ment alerts on potential management, risk, and funding problems
that require immediate attention.
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(ii) The Committee shall submit to Congress such other
reports or provide such periodic updates on the work of the
Committee as the Committee considers appropriate on the
use of covered funds and the Coronavirus response.
(B) The Committee shall submit biannual reports to the
President and Congress, including the appropriate congres-
sional committees, and may submit additional reports as ap-
propriate—
(i) summarizing the findings of the Committee; and
(ii) identifying and quantifying the impact of any tax ex-
penditures or credits authorized under this Act to the ex-
tent practicable.
(C)(i) All reports submitted under this paragraph shall be
made publicly available and posted on the website established
under subsection (g).
(ii) Any portion of a report submitted under this para-
graph may be redacted when made publicly available, if
that portion would disclose information that is not subject
to disclosure under sections 552 and 552a of title 5, United
States Code, or is otherwise prohibited from disclosure by
law.
(3)(A) The Committee shall make recommendations to agencies
on measures to prevent or address fraud, waste, abuse and mis-
management, and to mitigate risks that cut across programs and
agency boundaries, relating to covered funds and the Coronavirus
response.
(B) Not later than 30 days after receipt of a recommendation
under subparagraph (A), an agency shall submit a report to
the President and the appropriate congressional committees
on—
(i) whether the agency agrees or disagrees with the rec-
ommendations; and
(ii) any actions the agency will take to implement the
recommendations, which shall also be included in the re-
port required under section 2(b) of the GAO-IG Act (31
U.S.C. 1105 note).
(e)(1) The Committee shall conduct audits and reviews of pro-
grams, operations, and expenditures relating to covered funds and
the Coronavirus response and coordinate on such activities with
the Inspector General of the relevant agency to avoid unnecessary
duplication and overlap of work.
(2) The Committee may—
(A) conduct its own independent investigations, audits, and
reviews relating to covered funds or the Coronavirus response;
(B) collaborate on audits and reviews relating to covered
funds with any Inspector General of an agency; and
(C) provide support to relevant agency Inspectors General in
conducting investigations, audits, and reviews relating to the
covered funds and Coronavirus response.
(3)(A) In conducting and supporting investigations, audits, and
reviews under this subsection, the Committee—
(i) shall have the authorities provided under section 6 of
the Inspector General Act of 1978 (5 U.S.C. App.);
(ii) may issue subpoenas to compel the testimony of per-
sons who are not Federal officers or employees; and
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(iii) may enforce such subpoenas in the event of a refusal
to obey by order of any appropriate United States district
court as provided for under section 6 of the Inspector Gen-
eral Act of 1978 (5 U.S.C. App).
(B) The Committee shall carry out the powers under para-
graphs (1) and (2) in accordance with section 4(b)(1) of the In-
spector General Act of 1978 (5 U.S.C. App.).
(C) Whenever information or assistance requested by the
Committee or an Inspector General is unreasonably refused or
not provided, the Committee shall immediately report the cir-
cumstances to the appropriate congressional committees.
(D) The Committee shall leverage existing information tech-
nology resources within the Council, such as oversight.gov, to
carry out the duties of the Committee.
(4)(A) The Committee may hold public hearings and Committee
personnel may conduct necessary inquiries.
(B) The head of each agency shall make all officers and em-
ployees of that agency available to provide testimony to the
Committee and Committee personnel.
(C) The Committee may issue subpoenas to compel the testi-
mony of persons who are not Federal officers or employees at
such public hearings, which may be enforced in the same man-
ner as provided for subpoenas under section 6 of the Inspector
General Act of 1978 (5 U.S.C. App.).
(5) The Committee may enter into contracts to enable the Com-
mittee to discharge its duties, including contracts and other ar-
rangements for audits, studies, analyses, and other services with
public agencies and with private persons, and make such payments
as may be necessary to carry out the duties of the Committee.
(6) The Committee may establish subcommittees to facilitate the
ability of the Committee to discharge its duties.
(7) The Committee may transfer funds appropriated to the Com-
mittee for expenses to support administrative support services and
audits, reviews, or other activities related to oversight by the Com-
mittee of covered funds or the Coronavirus response to any Office
of the Inspector General or the General Services Administration.
(f)(1)(A)(i) Subject to subparagraph (B), the Committee may exer-
cise the authorities of subsections (b) through (i) of section 3161 of
title 5, United States Code (without regard to subsection (a) of that
section) to carry out the functions of the Committee under this sec-
tion.
(ii) For purposes of exercising the authorities described
under clause (i), the term ‘‘Chairperson’’ shall be substituted
for the term ‘‘head of a temporary organization’’.
(iii) In exercising the authorities described in clause (i), the
Chairperson shall consult with members of the Committee.
(iv) In addition to the authority provided by section 3161(c)
of title 5, United States Code, upon the request of an Inspector
General, the Committee may detail, on a nonreimbursable
basis, any personnel of the Council to that Inspector General
to assist in carrying out any audit, review, or investigation per-
taining to the oversight of covered funds or the Coronavirus re-
sponse.
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(B) In exercising the employment authorities under section
3161(b) of title 5, United States Code, as provided under sub-
paragraph (A) of this paragraph—
(i) section 3161(b)(2) of that title (relating to periods of
appointments) shall not apply; and
(ii) no period of appointment may exceed the date on
which the Committee terminates.
(C)(i) A person employed by the Committee shall acquire
competitive status for appointment to any position in the com-
petitive service for which the employee possesses the required
qualifications upon the completion of 2 years of continuous
service as an employee under this subsection.
(ii) No person who is first employed as described in
clause (i) more than 2 years after the date of enactment
of this Act may acquire competitive status under clause (i).
(2)(A) The Committee may employ annuitants covered by section
9902(g) of title 5, United States Code, for purposes of the oversight
of covered funds or the Coronavirus response.
(B) The employment of annuitants under this paragraph
shall be subject to the provisions of section 9902(g) of title 5,
United States Code, as if the Committee was the Department
of Defense.
(3) Upon request of the Committee for information or assistance
from any agency or other entity of the Federal Government, the
head of such entity shall, insofar as is practicable and not in con-
travention of any existing law, and consistent with section 6 of the
Inspector General Act of 1978 (5 U.S.C. App.), furnish such infor-
mation or assistance to the Committee, or an authorized designee,
including an Inspector General designated by the Chairperson.
(4) Any Inspector General responsible for conducting oversight
related to covered funds or the Coronavirus response may, con-
sistent with the duties, responsibilities, policies, and procedures of
the Inspector General, provide information requested by the Com-
mittee or an Inspector General on the Committee relating to the
responsibilities of the Committee.
(g)(1)(A) Not later than 30 days after the date of enactment of
this Act, the Committee shall establish and maintain a user-friend-
ly, public-facing website to foster greater accountability and trans-
parency in the use of covered funds and the Coronavirus response,
which shall have a uniform resource locator that is descriptive and
memorable.
(B) The Committee shall leverage existing information tech-
nology and resources, such as oversight.gov, to the greatest ex-
tent practicable to meet the requirements under this section.
(2) The website established and maintained under paragraph (1)
shall be a portal or gateway to key information relating to the over-
sight of covered funds and the Coronavirus response and provide
connections to other Government websites with related informa-
tion.
(3) In establishing and maintaining the website under paragraph
(1), the Committee shall ensure the following:
(A) The website shall provide materials and information ex-
plaining the Coronavirus response and how covered funds are
being used. The materials shall be easy to understand and reg-
ularly updated.
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(i) The website shall provide accountability information,
including findings from Inspectors General, including any
progress reports, audits, inspections, or other reports, in-
cluding reports from or links to reports on the website of
the Government Accountability Office.
(ii) The website shall provide data on relevant oper-
ational, economic, financial, grant, subgrant, contract, and
subcontract information in user-friendly visual presen-
tations to enhance public awareness of the use of covered
funds and the Coronavirus response.
(iii) The website shall provide detailed data on any Fed-
eral Government awards that expend covered funds, in-
cluding a unique trackable identification number for each
project, information about the process that was used to
award the covered funds, and for any covered funds over
$150,000, a detailed explanation of any associated agree-
ment, where applicable.
(iv) The website shall include downloadable, machine-
readable, open format reports on covered funds obligated
by month to each State and congressional district, where
applicable.
(v) The website shall provide a means for the public to
give feedback on the performance of any covered funds and
of the Coronavirus response, including confidential feed-
back.
(vi) The website shall include detailed information on
Federal Government awards that expend covered funds,
including data elements required under the Federal Fund-
ing Accountability and Transparency Act of 2006 (31
U.S.C. 6101 note), allowing aggregate reporting on awards
below $50,000, as prescribed by the Director of the Office
of Management and Budget.
(vii) The website shall provide a link to estimates of the
jobs sustained or created by this Act to the extent prac-
ticable.
(viii) The website shall include appropriate links to other
government websites with information concerning covered
funds and the Coronavirus response, including Federal
agency and State websites.
(ix) The website shall include a plan from each Federal
agency for using covered funds.
(x) The website shall provide information on Federal al-
locations of mandatory and other entitlement programs by
State, county, or other geographical unit related to covered
funds or the Coronavirus response.
(xi) The website shall present the data such that funds
subawarded by recipients are not double counted in search
results, data visualizations, or other reports.
(xii) The website shall include all recommendations
made to agencies relating to covered funds and the
Coronavirus response, as well as the status of each rec-
ommendation.
(xiii) The website shall be enhanced and updated as nec-
essary to carry out the purposes of this section.
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(4) The Committee may exclude posting contractual or other in-
formation on the website on a case-by-case basis when necessary
to protect national security or to protect information that is not
subject to disclosure under sections 552 and 552a of title 5, United
States Code.
(h)(1) Nothing in this section shall affect the independent author-
ity of an Inspector General to determine whether to conduct an
audit or investigation of covered funds or the Coronavirus response.
(2) If the Committee requests that an Inspector General of an
agency conduct or refrain from conducting an audit or investigation
and the Inspector General rejects the request in whole or in part,
the Inspector General shall, not later than 30 days after rejecting
the request, submit a report to the Committee, the head of the ap-
plicable agency, and the appropriate congressional committees, that
states the reasons that the Inspector General has rejected the re-
quest in whole or in part.
(i) The Committee shall coordinate its oversight activities with
the Comptroller General of the United States and State auditors.
(j) For the purposes of carrying out the mission of the Committee
under this section, there are authorized to be appropriated such
sums as may be necessary to carry out the duties and functions of
the Committee.
(k) The Committee shall terminate on September 30, 2025.
* * * * * * *
DISTRICT OF COLUMBIA COLLEGE ACCESS ACT OF 1999
* * * * * * *
SEC. 3. PUBLIC SCHOOL PROGRAM.
(a) GRANTS.—
(1) IN GENERAL.—From amounts appropriated under sub-
section (i) the Mayor shall award grants to eligible institutions
that enroll eligible students to pay the difference between the
tuition and fees charged for in-State students and the tuition
and fees charged for out-of-State students on behalf of each eli-
gible student enrolled in the eligible institution.
(2) MAXIMUM STUDENT AMOUNTS.—An eligible student shall
have paid on the student’s behalf under this section—
(A) not more than ø$10,000¿ $15,000 for any 1 award
year (as defined in section 481 of the Higher Education Act
of 1965 (20 U.S.C. 1088)); and
(B) a total of not more than ø$50,000¿ $75,000.
(3) PRORATION.—The Mayor shall prorate payments under
this section for students who attend an eligible institution on
less than a full-time basis.
(b) REDUCTION FOR INSUFFICIENT APPROPRIATIONS.—
(1) IN GENERAL.—If the funds appropriated pursuant to sub-
section (i) for any fiscal year are insufficient to award a grant
in the amount determined under subsection (a) on behalf of
each eligible student enrolled in an eligible institution, then
the Mayor shall—
(A) first, ratably reduce the amount of the tuition and
fee payment made on behalf of each eligible student who
has not received funds under this section for a preceding
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148
year; øand¿ (B) after making reductions under subpara-
graph (A), ratably reduce the amount of the tuition and fee
payment of each eligible student who receives more than
$10,000 for the award year; and
ø(B)¿ (C) after making reductions under øsubparagraph
(A)¿ subparagraphs (A) and (B), ratably reduce the
amount of the tuition and fee payments made on behalf of
all other eligible students.
(2) ADJUSTMENTS.—The Mayor may adjust the amount of
tuition and fee payments made under paragraph (1) based on—
(A) the financial need of the eligible students to avoid
undue hardship to the eligible students; or
(B) undue administrative burdens on the Mayor.
(3) FURTHER ADJUSTMENTS.—Notwithstanding paragraphs
(1) and (2), the Mayor may prioritize the making or amount of
tuition and fee payments under this subsection based on the
income and need of eligible students.
(c) DEFINITIONS.—In this section:
(1) ELIGIBLE INSTITUTION.—The term ‘‘eligible institution’’
means an institution that—
(A) is a public institution of higher education located—
(i) in the State of Maryland or the Commonwealth
of Virginia; or
(ii) outside the State of Maryland or the Common-
wealth of Virginia, but only if the Mayor—
(I) determines that a significant number of eligi-
ble students are experiencing difficulty in gaining
admission to any public institution of higher edu-
cation located in the State of Maryland or the
Commonwealth of Virginia because of any pref-
erence afforded in-State residents by the institu-
tion;
(II) consults with the Committee on Govern-
ment Reform of the House of Representatives, the
Committee on Governmental Affairs of the Senate,
and the Secretary regarding expanding the pro-
gram under this section to include such institu-
tions located outside of the State of Maryland or
the Commonwealth of Virginia; and
(III) takes into consideration the projected cost
of the expansion and the potential effect of the ex-
pansion on the amount of individual tuition and
fee payments made under this section in suc-
ceeding years;
(B) is eligible to participate in the student financial as-
sistance programs under title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070 et seq.); and
(C) enters into an agreement with the Mayor containing
such conditions as the Mayor may specify, including a re-
quirement that the institution use the funds made avail-
able under this section to supplement and not supplant as-
sistance that otherwise would be provided to eligible stu-
dents from the District of Columbia.
(2) ELIGIBLE STUDENT.—The term ‘‘eligible student’’ means
an individual who—
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(A)(i) in the case of an individual who begins an under-
graduate course of study within 3 calendar years (exclud-
ing any period of service on active duty in the armed
forces, or service under the Peace Corps Act (22 U.S.C.
2501 et seq.) or subtitle D of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12571 et seq.))
of graduation from a secondary school, or obtaining the
recognized equivalent of a secondary school diploma, was
domiciled in the District of Columbia for not less than the
12 consecutive months preceding the commencement of the
freshman year at an institution of higher education;
(ii) in the case of an individual who graduated from a
secondary school or received the recognized equivalent of
a secondary school diploma before January 1, 1998, and is
currently enrolled at an eligible institution as of the date
of enactment of the District of Columbia College Access
Improvement Act of 2002, was domiciled in the District of
Columbia for not less than the 12 consecutive months pre-
ceding the commencement of the freshman year at an in-
stitution of higher education; or
(iii) in the case of any other individual and an individual
re-enrolling after more than a 3-year break in the individ-
ual’s post-secondary education, has been domiciled in the
District of Columbia for at least 5 consecutive years at the
date of application;
(B)(i) graduated from a secondary school or received the
recognized equivalent of a secondary school diploma on or
after January 1, 1998;
(ii) in the case of an individual who did not graduate
from a secondary school or receive a recognized equivalent
of a secondary school diploma, is accepted for enrollment
as a freshman at an eligible institution on or after January
1, 2002; or
(iii) in the case of an individual who graduated from a
secondary school or received the recognized equivalent of
a secondary school diploma before January 1, 1998, is cur-
rently enrolled at an eligible institution as of the date of
enactment of the District of Columbia College Access Im-
provement Act of 2002;
(C) meets the citizenship and immigration status re-
quirements described in section 484(a)(5) of the Higher
Education Act of 1965 (20 U.S.C. 1091(a)(5));
(D) is enrolled or accepted for enrollment, on at least a
half-time basis, in a degree, certificate, or other program
(including a program of study abroad approved for credit
by the institution at which such student is enrolled) lead-
ing to a recognized educational credential at an eligible in-
stitution;
(E) if enrolled in an eligible institution, is maintaining
satisfactory progress in the course of study the student is
pursuing in accordance with section 484(c) of the Higher
Education Act of 1965 (20 U.S.C. 1091(c));
(F) has not completed the individual’s first under-
graduate baccalaureate course of study; and
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150
ø(G) (i) for individuals who began an undergraduate course
of study prior to school year 2015-2016, is from a family with
a taxable annual income of less than $1,000,000; (ii) for indi-
viduals who begin an undergraduate course of study in or after
school year 2016-2017 but before school year 2019-2020, is
from a family with a taxable annual income of less than
$750,000. Beginning with school year 2017-2018, the Mayor
shall adjust the amounts in clauses (i) and (ii) for inflation, as
measured by the percentage increase, if any, from the pre-
ceding fiscal year in the Consumer Price Index for All Urban
Consumers, published by the Bureau of Labor Statistics of the
Department of Labor; and
ø(iii) For individuals who begin an undergraduate course
of study in or after school year 2019-2020, is from a family
with a taxable annual income of less than $500,000. Begin-
ning with school year 2020-2021, the Mayor shall adjust
the amount in the previous sentence for inflation, as meas-
ured by the percentage increase, if any, from the preceding
fiscal year in the Consumer Price Index for All Urban Con-
sumers, published by the Bureau of Labor Statistics of the
Department of Labor.¿
(G) is from a family with a taxable annual income of less
than the applicable family income limit, as defined in
paragraph (7).
(3) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institu-
tion of higher education’’ has the meaning given the term in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001).
(4) MAYOR.—The term ‘‘Mayor’’ means the Mayor of the Dis-
trict of Columbia.
(5) SECONDARY SCHOOL.—The term ‘‘secondary school’’ has
the meaning given that term under section 8101 of the Ele-
mentary and Secondary Education Act of 1965.
(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Education.
(7) APPLICABLE FAMILY INCOME LIMIT.—The term ‘‘applicable
family income limit’’ means, with respect to an individual, the
following:
(A) In the case of an individual who began an under-
graduate course of study prior to school year 2015-2016,
$1,000,000.
(B) In the case of an individual who begins an under-
graduate course of study in school year 2016-2017,
$750,000.
(C) In the case of an individual who begins an under-
graduate course of study in school year 2017-2018 or school
year 2018-2019, the applicable family income limit under
this paragraph for an individual who began an under-
graduate course of study in the previous school year, ad-
justed by the Mayor for inflation, as measured by the per-
centage increase, if any, from the preceding fiscal year in
the Consumer Price Index for All Urban Consumers, pub-
lished by the Bureau of Labor Statistics of the Department
of Labor.
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(D) In the case of an individual who begins an under-
graduate course of study in school year 2019-2020,
$500,000.
(E) In the case of an individual who begins an under-
graduate course of study in school year 2020-2021, the
amount described in subparagraph (D), adjusted by the
Mayor for inflation, as measured by the percentage in-
crease, if any, from the preceding fiscal year in the Con-
sumer Price Index for All Urban Consumers, published by
the Bureau of Labor Statistics of the Department of Labor.
(F) In the case of an individual who begins an under-
graduate course of study in school year 2021-2022,
$750,000.
(G) In the case of an individual who begins an under-
graduate course of study in school year 2022-2023 or any
succeeding school year, the applicable family income limit
under this paragraph for an individual who began an un-
dergraduate course of study in the previous school year, ad-
justed by the Mayor for inflation, as measured by the per-
centage increase, if any, from the preceding fiscal year in
the Consumer Price Index for All Urban Consumers, pub-
lished by the Bureau of Labor Statistics of the Department
of Labor.
(d) CONSTRUCTION.—Nothing in this Act shall be construed to re-
quire an institution of higher education to alter the institution’s ad-
missions policies or standards in any manner to enable an eligible
student to enroll in the institution.
(e) APPLICATIONS.—Each student desiring a tuition payment
under this section shall submit an application to the eligible insti-
tution at such time, in such manner, and accompanied by such in-
formation as the eligible institution may require.
(f) ADMINISTRATION OF PROGRAM.—
(1) IN GENERAL.—The Mayor shall carry out the program
under this section in consultation with the Secretary. The
Mayor may enter into a grant, contract, or cooperative agree-
ment with another public or private entity to administer the
program under this section if the Mayor determines that doing
so is a more efficient way of carrying out the program.
(2) POLICIES AND PROCEDURES.—The Mayor, in consultation
with institutions of higher education eligible for participation
in the program authorized under this section, shall develop
policies and procedures for the administration of the program.
(3) MEMORANDUM OF AGREEMENT.—The Mayor and the Sec-
retary shall enter into a Memorandum of Agreement that de-
scribes—
(A) the manner in which the Mayor shall consult with
the Secretary with respect to administering the program
under this section; and
(B) any technical or other assistance to be provided to
the Mayor by the Secretary for purposes of administering
the program under this section (which may include access
to the information in the common financial reporting form
developed under section 483 of the Higher Education Act
of 1965 (20 U.S.C. 1090)).
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152
(g) MAYOR’S REPORT.—The Mayor shall report to Congress annu-
ally regarding—
(1) the number of eligible students attending each eligible in-
stitution and the amount of the grant awards paid to those in-
stitutions on behalf of the eligible students;
(2) the extent, if any, to which a ratable reduction was made
in the amount of tuition and fee payments made on behalf of
eligible students; and
(3) the progress in obtaining recognized academic credentials
of the cohort of eligible students for each year.
(h) GAO REPORT.—Beginning on the date of the enactment of
this Act, the Comptroller General of the United States shall mon-
itor the effect of the program assisted under this section on edu-
cational opportunities for eligible students. The Comptroller Gen-
eral shall analyze whether eligible students had difficulty gaining
admission to eligible institutions because of any preference afforded
in-State residents by eligible institutions, and shall expeditiously
report any findings regarding such difficulty to Congress and the
Mayor. In addition the Comptroller General shall—
(1) analyze the extent to which there are an insufficient
number of eligible institutions to which District of Columbia
students can gain admission, including admission aided by as-
sistance provided under this Act, due to—
(A) caps on the number of out-of-State students the in-
stitution will enroll;
(B) significant barriers imposed by academic entrance
requirements (such as grade point average and standard-
ized scholastic admissions tests); and
(C) absence of admission programs benefiting minority
students;
(2) assess the impact of the program assisted under this Act
on enrollment at the University of the District of Columbia;
and
(3) report the findings of the analysis described in paragraph
(1) and the assessment described in paragraph (2) to Congress
and the Mayor.
(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to
be appropriated to the District of Columbia to carry out this section
$12,000,000 for fiscal year 2000 and (subject to section 7) such
sums as may be necessary for each of the 12 succeeding fiscal
years. Such funds shall remain available until expended.
(j) EFFECTIVE DATE.—This section shall take effect with respect
to payments for periods of instruction that begin on or after Janu-
ary 1, 2000.
* * * * * * *
CHANGES IN THE APPLICATION OF EXISTING LAW
Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of the
House of Representatives, the following statements are submitted
describing the effect of provisions proposed in the accompanying
bill which may be considered, under certain circumstances, to
change the application of existing law, either directly or indirectly.
The bill provides that appropriations shall remain available for
more than one year for a number of programs for which the basic
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153
authorizing legislation does not explicitly authorize such extended
availability. In addition, the bill carries language, in some in-
stances, permitting activities not authorized by law, or exempting
agencies from certain provisions of law, but which has been carried
in appropriations acts for many years.
The bill includes several limitations on official entertainment, re-
ception, and representation expenses Similar provisions have ap-
peared in many previous appropriations Acts. The bill includes a
number of limitations on the purchase of automobiles or office fur-
nishings that also have appeared in many previous appropriations
Acts. Language is included in several instances permitting certain
funds to be credited to the appropriations recommended. Language
is also included in several instances permitting funding for services
authorized by 5 U.S.C. 3109 and for the hire of passenger motor
vehicles.
TITLE I—DEPARTMENT OF THE TREASURY
Language is included for Departmental Offices, Salaries and Ex-
penses, that provides funds for operation and maintenance of
Treasury Buildings; hire of passenger motor vehicles; maintenance,
repairs, and improvements of, and purchase of commercial insur-
ance policies for real properties leased or owned overseas; and for
domestic finance and tax policy activities. Language is also in-
cluded designating funds for official reception and representation
expenses; unforeseen emergencies of a confidential nature; and ex-
tending the period of availability for certain funds.
Language is included for the Committee on Foreign Investment
in the United States Fund that provides for the transfer of funds
to departments or agencies represented on the Committee for ex-
penses of implementing section 721 of the Defense Production Act
of 1950. Language is included that provides for the assessment and
collection of offsetting collections.
Language is included for Office of Terrorism and Financial Intel-
ligence, Salaries and Expenses, that provides funds to safeguard
the financial system from national security threats.
Language is included for the Cybersecurity Enhancement Ac-
count that provides funds for enhanced cybersecurity for systems
operated by the Department of the Treasury.
Language is included for Department-wide Systems and Capital
Investments Programs that provides funds for equipment, software,
and repairs and renovations to buildings owned by the Department
of the Treasury.
Language is included for the Office of Inspector General, Salaries
and Expenses, that provides funds to carry out the provisions of
the Inspector General Act of 1978, including the hire of vehicles,
unforeseen emergencies of a confidential nature, official reception
and representation expenses, and unforeseen emergencies of a con-
fidential nature.
Language is included for the Treasury Inspector General for Tax
Administration, Salaries and Expenses that provides funds to carry
out the provisions of the Inspector General Act of 1978, including
consulting services, official reception and representation expenses,
the purchase and hire of motor vehicles, unforeseen emergencies of
a confidential nature, and specifies the period of availability for
certain funds.
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Language is included for the Special Inspector General for the
Troubled Asset Relief Program, Salaries and Expenses, that pro-
vides funds for carrying out the provisions of the Emergency Eco-
nomic Stabilization Act of 2008 (Public Law 110–343).
Language is included for Financial Crimes Enforcement Net-
work, Salaries and Expenses, that provides funds for the hire of
motor vehicles; travel and training of non-Federal and foreign gov-
ernment personnel attending meetings involving domestic or for-
eign financial intelligence, law enforcement, and regulation; official
reception and representation expenses; and assistance to Federal
law enforcement agencies with or without reimbursement. Lan-
guage is also included that extends the period of availability for
certain amounts.
Language is included for the Bureau of the Fiscal Service, Sala-
ries and Expenses, that provides funds for necessary expenses, in-
cluding for official reception and representation expenses, and ex-
tends the period of availability for information systems moderniza-
tion funds. Language is also included specifying an amount to be
derived from the Oil Spill Liability Trust Fund.
Language is included for the Alcohol and Tobacco Tax and Trade
Bureau, Salaries and Expenses, that provides funds for the hire of
passenger motor vehicles, official reception and representation ex-
penses, cooperative research and development programs, and lab-
oratory assistance to State and local agencies. Language is in-
cluded that extends the period of availability for certain amounts.
Language is included for the United States Mint, United States
Mint Public Enterprise Fund, which identifies the source of funding
for the operations and activities of the U.S. Mint and specifies the
level of funding for circulating coinage and protective service cap-
ital investments.
Language is included for the Community Development Financial
Institutions Fund Program account that provides specific amounts
for: financial and technical assistance; individuals with disabilities;
Native American initiatives; Bank Enterprise Awards, Healthy
Food Financing Initiatives; Small Dollar Loans Program; Economic
Mobility Corps; and administrative expenses for the program and
cost of direct loans. Language is included for clarifying the amount
for the Bond Guarantee Program.
Language is included under Internal Revenue Service, Taxpayer
Services, that provides funds for pre-filing assistance and edu-
cation, filing and account services, and taxpayer advocacy services,
and dedicating funding for the Tax Counseling for the Elderly Pro-
gram, low-income taxpayer clinic grants, and Community Volun-
teer Income Tax Assistance grants.
Language is included for the Internal Revenue Service, Enforce-
ment, that provides funds to determine and collect owed taxes, pro-
vide legal and litigation support, conduct criminal investigations,
enforce criminal statutes, purchase and hire of vehicles; and des-
ignates funding for the Interagency Crime and Drug Enforcement
program. Language is included specifying the period of availability
for certain funds.
Language is included for the Internal Revenue Service, Oper-
ations Support, that provides funds for operating and supporting
taxpayer services and tax law enforcement programs; rent; facili-
ties services; printing; postage; physical security; headquarters and
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other IRS-wide administration activities; research and statistics of
income; telecommunications; information technology development,
enhancement, operations, maintenance, and security; hire of pas-
senger motor vehicles; and official reception and representation ex-
penses. Language is included specifying the period of availability
for certain funds and requiring reports on information technology.
Language is included for Internal Revenue Service, Business Sys-
tems Modernization that provides for the business systems mod-
ernization program, including capital asset acquisition of informa-
tion technology, including management and related contractual
costs and IRS labor costs of said acquisitions, contractual costs as-
sociated with operations, an extended availability of the funds and
requires quarterly reports. Language is included to report on the
Integrated Business Systems Modernization plan.
In addition, the bill provides the following administrative provi-
sions:
Section 101. Language is included that allows for the transfer of
up to four percent of the Enforcement appropriation and up to five
percent of other appropriations made available to the IRS to any
other IRS appropriation, upon the advance approval of the Commit-
tees on Appropriations.
Section 102. Language is included that requires the IRS to main-
tain a training program in taxpayers’ rights, dealing courteously
with taxpayers, cross-cultural relations, and the impartial applica-
tion of tax law.
Section 103. Language is included that requires the IRS to insti-
tute and enforce policies and procedures that will safeguard the
confidentiality of taxpayer information and protect taxpayers
against identity theft.
Section 104. Language is included that makes funds available for
improved facilities and increased staffing to provide efficient and
effective 1-800 number help line service for taxpayers.
Section 105. Language is included to require the IRS to issue no-
tices to employers of any address change request and to give spe-
cial consideration to offers in compromise for taxpayers who have
been victims of payroll tax preparer fraud.
Section 106. Language is included to prohibit the IRS from tar-
geting U.S. citizens for exercising their First Amendment rights.
Section 107. Language is included to prohibit the use of funds by
the IRS to target groups based on their ideological beliefs.
Section 108. Language is included to prohibit the use of funds by
the IRS on conferences that do not adhere to recommendations
made by the Treasury Inspector General for Tax Administration.
Section 109. Language is included prohibiting funds for IRS em-
ployee awards or hiring programs that do not consider employee
conduct and Federal tax compliance.
Section 110. Language included to prohibit the use of funds in
contravention of section 6103 of the Internal Revenue Code of 1986
(relating to confidentiality and disclosure of returns and return in-
formation).
Section 111. Language is included to authorize the Department
to purchase uniforms, insurance for motor vehicles that are over-
seas, and motor vehicles that are overseas, without regard to the
general purchase price limitations; to enter into contracts with the
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156
State Department for health and medical services for Treasury em-
ployees that are overseas; and to hire experts or consultants.
Section 112. Language is included to authorize transfers, up to
two percent, between Departmental Offices Salaries and Expenses,
Office of Inspector General, Special Inspector General for the Trou-
bled 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 113. Language is included to direct the transfer of
$4,000,000 from the Internal Revenue Service to the Treasury In-
spector General for Tax Administration upon Congressional ap-
proval.
Section 114. Language is included prohibiting the Department of
the Treasury from undertaking a redesign of the $1 Federal Re-
serve note.
Section 115. Language is included providing for transfers from
and reimbursements to Bureau of the Fiscal Service, Salaries and
Expenses, for the purposes of debt collection.
Section 116. Language is included prohibiting funds from being
used by the United States Mint to construct or operate any mu-
seum without the approval of the House and Senate committees of
jurisdiction.
Section 117. Language is included prohibiting funds from being
used to merge the U.S. Mint and the Bureau of Engraving and
Printing without the approval of the House and Senate committees
of jurisdiction.
Section 118. Language is included deeming that funds for the De-
partment of the Treasury’s intelligence-related activities are spe-
cifically authorized in fiscal year 2022 until enactment of the Intel-
ligence Authorization Act for fiscal year 2022.
Section 119. Language is included permitting the Bureau of En-
graving and Printing to use $5,000 from the Industrial Revolving
Fund for reception and representation expenses.
Section 120. Language is included requiring the Department of
the Treasury to submit a capital investment plan.
Section 121. Language is included requiring the Department of
the Treasury to submit a report on the Franchise Fund.
Section 122. Language is included requiring quarterly reports
from the Office of Financial Stability and the Office of Financial
Research.
TITLE II—EXECUTIVE OFFICE OF THE PRESIDENT
Language is included for The White House, Salaries and Ex-
penses, that provides funds for services authorized by 5 U.S.C.
3109 and 3 U.S.C. 103, 105 and 107; hire of vehicles; official recep-
tion and representation expenses; and the Office of Policy Develop-
ment.
Language is included for Executive Residence at the White
House, Operating Expenses, that provides funds for necessary ex-
penses as authorized by 3 U.S.C. 105, 109, 110, and 112–114.
Language is included for Executive Residence at The White
House, Reimbursable Expenses, that specifies the authorized use of
funds; specifies that reimbursable expenses are the exclusive au-
thority of the Executive Residence to incur obligations and receive
offsetting collections; requires the sponsors of political events to
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157
make advance payments; requires the national committee of the
political party of the President to maintain $25,000 on deposit; re-
quires the Executive Residence to ensure that amounts owed are
billed within 60 days of a reimbursable event and collected within
30 days of the bill notice; authorizes the Executive Residence to
charge and assess interest and penalties on late payments; author-
izes all reimbursements to be deposited into the Treasury as mis-
cellaneous receipts; requires a report to the Committee on the re-
imbursable expenses within 90 days of the end of the fiscal year;
requires the Executive Residence to maintain a system for tracking
and classifying reimbursable events; and specifies that the Execu-
tive Residence is not exempt from the requirements of subchapter
I or II of chapter 37 of title 31, United States Code.
Language is included for White House Repair and Restoration
that provides funds for the repair, alteration, and improvement of
the Executive Residence at the White House; and allows funds to
remain available until expended.
Language is included for Council of Economic Advisors, Salaries
and Expenses, that provides for necessary expenses in carrying out
the Employment Act of 1946.
Language is included for National Security Council and Home-
land Security Council, Salaries and Expenses, that provides for
services authorized by 5 U.S.C. 3109 and official reception and rep-
resentation expenses.
Language is included for Office of Administration, Salaries and
Expenses, that provides funds for continued modernization of the
information resources within the Executive Office of the President,
to remain available until expended; provides for services authorized
by 5 U.S.C. 3109 and 3 U.S.C. 107, and for the hire of vehicles; and
provides funds for a program to provide payments to students, re-
cent graduates, and veterans recently discharged from active duty
who are performing voluntary services in the Executive Office of
the President under section 3111(b) of title 5, United States Code,
or comparable authority. Language is provided specifying that such
payments to students, recent graduates, and veterans shall not be
considered payments for purposes of section 3111(b) and may be
paid in advance.
Language is included for Office of Management and Budget, Sal-
aries and Expenses, that provides funds for expenses; services au-
thorized by 5 U.S.C. 3109; the hire of vehicles; carrying out provi-
sions of chapter 35 of title 44 United States Code and to prepare
the budget request; specifies funds for official representation ex-
penses; prohibits the review of agricultural marketing orders; pro-
hibits the use of funds for the purpose of altering the transcript of
testimony except for OMB officials; prohibits the use of funds for
evaluating or determining if water resource project or study reports
submitted by the Chief of Engineers are in compliance with all ap-
plicable laws, regulations, and requirements; prohibits the use of
funds for altering the Corp of Engineers annual work plan; speci-
fies the amount of time to perform budgetary policy reviews of
water resource matters on which the Chief of Engineers has re-
ported before the report is considered approved, and specifies noti-
fication requirements; and requires OMB to make publicly avail-
able on a website a tabular list for each agency that submits budg-
et justification materials that includes the name of the agency, the
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date on which the budget justification materials of the agency were
submitted to Congress, and a uniform resource locator where the
budget justification materials are published on the website of the
agency.
Language is included for Intellectual Property Enforcement Coor-
dinator, that provides funds for expenses authorized by title III of
the Prioritizing Resources and Organization for Intellectual Prop-
erty Act of 2008 and services authorized by 5 U.S.C. 3109.
Language is included for the Office of the National Cyber Direc-
tor, Salaries and Expenses, that provides funds for expenses au-
thorized by section 1752 of the William M. (Mac) Thornberry Na-
tional Defense Authorization Act for Fiscal Year 2021 (Public Law
116–283), and official reception and representation expenses
Language is included for the Office of National Drug Control Pol-
icy, Salaries and Expenses, providing funds for research activities;
official reception and representation expenses; and participation in
joint projects or the provision of services to nonprofit, research, or
public organizations or agencies, with or without reimbursement.
Language is included permitting gifts for the purpose of aiding or
facilitating the work of the Office.
Language is included for Federal Drug Control Programs, High
Intensity Drug Trafficking Areas Program, that provides funds for
drug control activities, allows for the transfer of funds, and re-
quires notification on the distribution of funds.
Language is included for Other Federal Drug Control Programs
that provides specific amounts for drug control activities and allows
for the transfer of funds.
Language is included for Unanticipated Needs that provides for
the use of funds as authorized by 3 U.S.C. 108 and extends the
availability of funds.
Language is included for Information Technology Oversight and
Reform that provides for the use of funds, extends the availability
of funds, and allows for the transfer of funds.
Language is included for Special Assistance to the President, Sal-
aries and Expenses, that enables the Vice President to provide as-
sistance to the President, services authorized by 5 U.S.C. 3109 and
3 U.S.C. 106, and the hire of vehicles.
Language is included for Official Residence of the Vice President,
Operating Expenses, that provides funds for operation and mainte-
nance of the official residence of the Vice President, the hire of ve-
hicles, and expenses authorized by 3 U.S.C. 106(b)(2) and provides
for the transfer of funds as necessary.
In addition, the bill provides the following administrative provi-
sions:
Section 201. Language is included permitting the transfer of not
to exceed ten percent of funds among various appropriations within
the Executive Office of the President, with advance approval of the
Committees on Appropriations. The amount of an appropriation
shall not be increased by more than 50 percent.
Section 202. Language is included requiring the Director of the
Office of Management and Budget to include a statement of budg-
etary impact with any Executive order or Presidential memo-
randum issued or rescinded during fiscal year 2022 where the reg-
ulatory cost exceeds $100,000,000.
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Section 203. Language is included requiring the Director of the
Office of Management and Budget to issue a memorandum to all
Federal departments, agencies, and corporations directing compli-
ance with the provisions in title VII of this Act.
Section 204. Language is included requiring OMB to implement
a system to make publicly available, in an automated fashion, all
documents apportioning an appropriation and all relevant delega-
tions of apportionment authority, and to provide the Committee
with such information until the automated system is implemented.
This requirement would apply to any appropriation apportioned
under the President’s apportionment authority, including appro-
priations provided in prior years and those included in Acts other
than appropriations Acts.
TITLE III—THE JUDICIARY
Language is included under Supreme Court, Salaries and Ex-
penses, providing for certain funds to remain available until ex-
pended; the hire of passenger motor vehicles, official reception and
representation, and miscellaneous expenses. Language is included
providing funds for salaries of judges as authorized by law.
Language is included under Supreme Court, Care of the Building
and Grounds, permitting funds to remain available until expended.
Language is included under United States Court of Appeals for
the Federal Circuit, Salaries and Expenses, for necessary expenses
of the court. Language is included providing funds for salaries of
judges as authorized by law.
Language is included under United States Court of International
Trade, Salaries and Expenses, for necessary expenses of the court.
Language is included providing funds for salaries of judges as au-
thorized by law.
Language is included under Courts of Appeals, District Courts,
and Other Judicial Services, Salaries and Expenses, providing
funds for the salaries of certain judges, and all other employees not
otherwise provided for; necessary expenses; the purchase, rental,
repair and cleaning of uniforms for Probation and Pretrial Services
Office staff; firearms and ammunition; and specifies certain funds
remain available for certain periods for specific purposes. Language
is included providing funds for salaries of judges as authorized by
law. Language is also included providing funding from the Vaccine
Injury Compensation Trust Fund for certain purposes.
Language is included under Defender Services, providing for the
compensation and reimbursement of expenses for attorneys, inves-
tigative, expert and other services, the operation of Federal De-
fender organizations, travel, training, general administrative ex-
penses and permitting funds to remain available until expended.
Language is included under Fees of Jurors and Commissioners
permitting funds to remain available until expended and specifying
limitations for the compensation of land commissioners.
Language is included under Court Security providing for protec-
tive guard services and procurement, installation and maintenance
of security systems and equipment, building ingress-egress control,
inspection of mail and packages, directed security patrols, perim-
eter security and services provided by the Federal Protective Serv-
ices. Language is included permitting certain funds to remain
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available until expended, which may be transferred to the United
States Marshals Service.
Language is included under Administrative Office of the United
States Courts, Salaries and Expenses, providing for travel, the hire
of passenger motor vehicles, advertising and rent in the District of
Columbia. Language is included specifying certain amounts for offi-
cial reception and representation expenses.
Language is included under Federal Judicial Center, Salaries
and Expenses, extending the availability of certain funds for edu-
cation and training, and specifying certain amounts for official re-
ception and representation expenses.
Language is included under United States Sentencing Commis-
sion, Salaries and Expenses, specifying certain amounts for official
reception and representation expenses.
In addition, the bill provides the following administrative provi-
sions:
Section 301. Language is included permitting funds for salaries
and expenses to be available for the employment of experts and
consultant services as authorized by 5 U.S.C. 3109.
Section 302. Language is included permitting up to five percent
of any appropriation made available for fiscal year 2022 to be
transferred between Judiciary appropriations provided that no ap-
propriation shall be decreased by more than five percent or in-
creased by more than ten percent by any such transfer except in
certain circumstances. In addition, the language provides that any
such transfer shall be treated as a reprogramming of funds under
sections 604 and 608 of the accompanying bill and shall not be
available for obligation or expenditure except in compliance with
the procedures set forth in those sections.
Section 303. Language is included allowing not to exceed $11,000
to be used for official reception and representation expenses in-
curred by the Judicial Conference of the United States.
Section 304. Language is included allowing the delegation of au-
thority to the Judiciary for contracts for repairs of less than
$100,000 through fiscal year 2021.
Section 305. Language is included allowing a court security pilot
program.
Section 306. Language is included requested by the Judicial Con-
ference of the United States extending temporary judgeships in
Alabama Northern, Arizona, California Central, Florida Southern,
Hawaii, Kansas, Missouri Eastern, New Mexico, North Carolina
Western, and Texas Eastern.
TITLE IV—DISTRICT OF COLUMBIA
Language is included under Federal Payment for Resident Tui-
tion Support, permitting the amount appropriated to remain avail-
able until expended; specifying conditions for the use, award, and
financial accounting of funds; and requiring quarterly reports.
Language is included under Federal Payment for Emergency
Planning and Security Costs in the District of Columbia, providing
that the amount appropriated shall remain available until ex-
pended for providing public safety at events, including support of
the United States Secret Service, to respond to terrorist threats or
attacks.
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Language is included under Federal Payment to the District of
Columbia Courts, authorizing official reception and representation
expenses; specifying certain amounts for specific purposes; pro-
viding all amounts under this heading shall be apportioned quar-
terly by the Office of Management and Budget and obligated and
expended in the same manner as funds appropriated for salaries
and expenses of other Federal agencies; allowing funds made avail-
able for capital improvements to remain available until September
30, 2023; providing for the reallocation of funds and providing for
certain payments.
Language is included under Federal Payment for Defender Serv-
ices in the District of Columbia Courts, providing that the amount
appropriated shall remain available until expended; specifying who
shall administer these funds; and providing that all amounts under
this heading shall be apportioned quarterly by the Office of Man-
agement and Budget and obligated and expended in the same man-
ner as funds appropriated for salaries and expenses of other Fed-
eral agencies.
Language is included under Federal Payment to the Court Serv-
ices and Offender Supervision Agency for the District of Columbia,
allowing the transfer and hire of motor vehicles; authorizing official
reception and representation expenses; specifying certain amounts
for specific purposes and programs; allowing $14,747,000 to remain
available until September 30, 2024 for costs associated with re-
placement leases for headquarters offices, field offices and related
facilities for Community Supervision and Sex Offender Registra-
tion; allowing $7,304,000 to remain available until September 30,
2023 for costs associated with replacement leases for headquarters
offices, field offices and related facilities for Community Super-
vision and Sex Offender Registration; providing that all amounts
under this heading shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same
manner as funds appropriated for salaries and expenses of other
Federal agencies; allowing the use of programmatic incentives for
offenders and defendants who successfully meet the terms of their
supervision; authorizing the Director to accept, solicit and use on
the behalf of the Agency any monetary or nonmonetary gift to sup-
port offenders and defendants successfully meeting terms of super-
vision.
Language is included under Federal Payment to District of Co-
lumbia Public Defender Service, allowing the transfer and hire of
motor vehicles; providing that all amounts under this heading shall
be apportioned quarterly by the Office of Management and Budget
and obligated and expended in the same manner as funds appro-
priated for salaries and expenses of other Federal agencies; and au-
thorizing the acceptance and use of voluntary and uncompensated
services to facilitate the work of the District of Columbia Public De-
fender Service.
Language is included under Federal Payment to the Criminal
Justice Coordinating Council, specifying that the amount appro-
priated shall remain available until expended to support initiatives
related to the coordination of Federal and local criminal justice re-
sources.
Language is included under Federal Payment for Judicial Com-
missions, specifying certain amounts for certain commissions and
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allowing for appropriations to remain available until September 30,
2023.
Language is included under Federal Payment for School Im-
provement, allowing for appropriations to remain available until
expended for payments authorized under the Scholarship for Op-
portunity and Results Act (SOAR). Additional language is included
requiring schools participating in the SOAR program to certify
compliance with Federal civil rights and special education laws.
Language is included under Federal Payment for the District of
Columbia National Guard, providing funds for the National Guard
Retention and College Access Program to remain available until ex-
pended.
Language is included under Federal Payment for Testing and
Treatment of HIV/AIDS for testing and treatment.
Language is included under Federal payment to the District of
Columbia to continue implementation of the Combined Sewer Over-
flow Long-Term Plan.
TITLE V—INDEPENDENT AGENCIES
Language is included for the Administrative Conference of the
United States, Salaries and Expenses, that provides for expenses,
including official reception and representation, and extends the
availability of funds.
Language is included for the Consumer Product Safety Commis-
sion, Salaries and Expenses, that provides funds for expenses, the
hire of motor vehicles, services as authorized by 5 U.S.C. 3109
(with a limitation on rates for individuals), and official reception
and representation expenses.
The bill includes the following administrative provision under
the Consumer Product Safety Commission:
Section 501. Language is included prohibiting funds to finalize,
implement, or enforce the proposed rule on recreational off-highway
vehicles until a study is completed by the National Academy of
Sciences.
Language is included for the Election Assistance Commission,
Salaries and Expenses, that provides funds to carry out the Help
America Vote Act of 2002 and for relocation expenses.
Language is included for the Election Assistance Commission,
Election Security Grants, that provides funds to make payments to
states for activities to improve the administration of elections for
Federal office, including to enhance election technology and make
election security improvements.
Language is included under the Federal Communications Com-
mission, Salaries and Expenses, permitting funds for uniforms and
allowances therefor, official reception and representation expenses,
purchase and hire of motor vehicles, special counsel fees, and serv-
ices as authorized by 5 U.S.C. 3109. Language provides for the as-
sessment and collection of offsetting collections, authorizes reten-
tion of such collections, and provides that they remain available
until expended. Language limits the use of proceeds from the use
of a competitive bidding system. Language provides funding for the
Office of Inspector General.
The bill includes the following administrative provisions under
the Federal Communications Commission:
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Section 510. Language is included extending an exemption from
the Antideficiency Act for the Universal Service Fund.
Section 511. Language is included prohibiting the FCC from
changing rules governing the Universal Service Fund regarding
single connection or primary line restrictions.
Section 512. Language is included relating to Universal Service
Fund payments for wireless providers.
Language is included for the Federal Deposit Insurance Corpora-
tion, Office of Inspector General, that provides for the funds to be
derived from the Deposit Insurance Fund, and the FSLIC Resolu-
tion Fund.
Language is included for the Federal Election Commission, Sala-
ries and Expenses, providing for expenses including official recep-
tion and representation expenses and funds for the Office of the In-
spector General.
Language is included for the Federal Labor Relations Authority,
Salaries and Expenses, that provides funds for services authorized
by 5 U.S.C. 3109, the hire of experts and consultants, hire of motor
vehicles, reception and representation expenses and the rental of
conference rooms; authorizes travel payments to public members of
the Federal Service Impasses Panel; and allows for fees collected
to be transferred to and merged with the appropriation.
Language is included for the Federal Permitting Improvement
Steering Council, Environmental Review Improvement Fund, that
provides for services provided pursuant to 42 U.S.C. 4370m—8(d).
Language is included for the Federal Trade Commission, Salaries
and Expenses, permitting funds for uniforms and allowances there-
for, services authorized by 5 U.S.C. 3109, official reception and rep-
resentation expenses, hire of motor vehicles, and contract for collec-
tion services. Language provides for the crediting and retention of
certain fees. Language also prohibits funds from being used to im-
plement subsection (e)(2)(B) of section 43 of the Federal Deposit In-
surance Act.
Language is included for the General Services Administration,
Federal Buildings Fund, that allows for revenues and collections to
be spent from the Fund; specifies the conditions under which funds
made available can be used; limits the availability of funds for cer-
tain purposes; specifies funding for construction and acquisition
projects; provides for certain transfers of funds; requires spending
plans; and prohibits excess funds from being available.
Language is included for the General Services Administration,
Government-wide Policy, that provides funds for policy and evalua-
tion activities associated with the management of real and personal
property assets and certain administrative services; support re-
sponsibilities relating to acquisition, telecommunications, motor ve-
hicles, information technology management, and related technology
activities; and services authorized by 5 U.S.C. 3109.
Language is included for the General Services Administration,
Operating Expenses, that provides funds for Government-wide ac-
tivities associated with personal and real property disposal, and
services authorized by 5 U.S.C. 3109; for expenses for activities as-
sociated with agency-wide policy direction and management.
Language is included for the General Services Administration,
Civilian Board of Contract Appeals, that provides funds for activi-
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ties associated with the Civilian Board of Contract Appeals and ex-
tends the period of availability for certain funds.
Language is included for the General Services Administration,
Office of Inspector General, that makes certain funds available
until expended and provides for awards in recognition of efforts
that enhance the office. Language is included for services author-
ized by 5 U.S.C. 3109 and designates funds for information and de-
tection of fraud.
Language is included for the General Services Administration,
Allowances and Office Staff for Former Presidents, for carrying out
the provisions of 3 U.S.C. 102 note and Public Law 95–138.
Language is included for the General Services Administration,
Federal Citizen Services Fund, which provides funds for the Office
of Citizen Services and other information technology costs. Lan-
guage is included allowing for certain transfers to the Federal Cit-
izen Services Fund. Language is also included for the Federal Cit-
izen Services Fund that authorizes funds to be deposited in the
Fund and limits the availability of funds in the Fund.
Language is included for the General Services Administration,
Technology Modernization Fund, that provides funds for tech-
nology-related modernization activities.
Language is included for the General Services Administration,
Asset Proceeds and Space Management Fund, that provides funds
to carry out section 16(b)(2) of Public Law 114–287.
Language is included for the General Services Administration,
Working Capital Fund, that provides funds for GSA’s administra-
tive services.
Language is included for the General Services Administration,
Electric Vehicles Fund, that provides funds for the procurement of
zero emission and electric vehicles and the associated charging in-
frastructure on behalf of Federal agencies.
In addition, the bill includes the following administrative provi-
sions under the General Services Administration:
Section 520. Language is included providing authority for the use
of funds for the hire of motor vehicles.
Section 521. Language is included providing that funds made
available for activities of the Federal Buildings Fund may be trans-
ferred between appropriations with advance approval of the Con-
gress to apply to funds provided in prior appropriations Acts.
Section 522. Language is included requiring funds proposed for
developing courthouse construction requests to meet appropriate
standards and the priorities of the Judicial Conference.
Section 523. Language is included providing that no funds may
be used to increase the amount of occupiable square feet, provide
cleaning services, security enhancements, or any other service usu-
ally provided, to any agency which does not pay the assessed rent.
Section 524. Language is included permitting the General Serv-
ices Administration to pay small claims (up to $250,000) made
against the Federal Government.
Section 525. Language is included requiring the Administrator to
ensure that the delineated area of procurement for all lease agree-
ments is identical to the delineated area included in the prospectus
unless prior notice is given to the Committees.
Section 526. Language is included requiring a spend plan for cer-
tain accounts and programs.
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Section 527. Language is included to expand the definition of
items that can be acquired to implement the Chief Financial Offi-
cer’s Act of 1990.
Section 528. Language is included requiring GSA to transmit a
new prospectus for consolidation of a new Federal Bureau of Inves-
tigation headquarters.
Section 529. Language is included prohibiting the use of funds
for any contracts inconsistent with the Brooks Act and part 36.6 of
the Federal Acquisition Regulation.
Section 530. Language is included prohibiting the use of funds
for any Executive Order that would establish a preferred architec-
tural style for Federal buildings and courthouses or would conflict
with existing GSA architectural guidelines.
Language is included for the Harry S Truman Scholarship Foun-
dation, providing for payment to the Harry S Truman Scholarship
Foundation Trust Fund.
Language is included for the Merit Systems Protection Board,
Salaries and Expenses, that provides funds for services authorized
by 5 U.S.C. 3109, rental of conference rooms, hire of passenger
motor vehicles, direct procurement of survey printing, official recep-
tion and representation expenses, specifies the period of avail-
ability for certain funds, provides for administration expenses to
adjudicate retirement appeals, and provides for the transfer of
some funds.
Language is included for the Morris K. Udall and Stewart L.
Udall Foundation, for payment to the Morris K. Udall and Stewart
L. Udall Trust Fund, pursuant to the Morris K. Udall and Stewart
L. Udall Foundation Act (20 U.S.C. 5601 et seq.).
Language is included for the Morris K. Udall and Stewart L.
Udall Foundation, Environmental Dispute Resolution Fund, to
carry out activities under sections 10 and 11 of Public Law 111–
90.
Language is included for the National Archives and Records Ad-
ministration, Operating Expenses, that provides funds for uniforms
or allowances therefor, as authorized by 5 U.S.C. 5901, including
maintenance, repairs, and cleaning; the hire of passenger motor ve-
hicles; activities of the Public Interest Declassification Board; the
review and declassification of documents; and the operations and
maintenance of the electronic records archive. Language is included
for expenses necessary to enhance the Federal Government’s ability
to electronically preserve, manage, and store Government records,
and for implementation of the Civil Rights Cold Case Records Col-
lection Act of 2018, and provides that such funds remain available
until expended.
Language is included for the National Archives and Records Ad-
ministration, Office of Inspector General, that provides funds for
the hire of motor vehicles.
Language is included for the National Archives and Records Ad-
ministration, Repairs and Restoration, that provides funds for the
repair, alteration, and improvement of archives facilities and provi-
sion of adequate storage for holdings; and provides that funds re-
main available until expended.
Language is included under the National Archives and Records
Administration, National Historical Publications and Records Com-
mission, Grants Program, that provides funds for allocations and
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grants for historical publications and records; and provides that
funds remain available until expended.
Language is included under the National Credit Union Adminis-
tration, Community Development Revolving Loan Fund, that pro-
vides funds for technical assistance and extends the availability of
funds.
Language is included under the Office of Government Ethics,
Salaries and Expenses, that provides funds for services authorized
by 5 U.S.C. 3109, rental of conference rooms, hire of passenger
motor vehicles, and official reception and representation expenses.
Language is included under the Office of Personnel Management,
Salaries and Expenses, that provides funds for services authorized
by 5 U.S.C. 3109, medical examinations for veterans, rental of con-
ference rooms, hire of passenger motor vehicles, official reception
and representation expenses, advances for reimbursements, pay-
ment of per diem or subsistence allowances, and the transfer of ad-
ministrative expenses; directs that provisions shall not affect other
authorities; prohibits funds for the Legal Examining Unit; and au-
thorizes the acceptance of donations under certain conditions. Lan-
guage is included that creates a new OPM IT Working Capital
Fund.
Language is included for the Office of Personnel Management,
Office of Inspector General, Salaries and Expenses, that provides
funds for services authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, rental of conference rooms, and a transfer for ad-
ministrative expenses.
Language is included for the Office of Special Counsel, Salaries
and Expenses, that provides funds for services authorized by 5
U.S.C. 3109, payment of fees and expenses for witnesses, rental of
conference rooms, and the hire of passenger motor vehicles.
Language is included for the Postal Regulatory Commission, Sal-
aries and Expenses, that provides funds derived from a transfer
from the Postal Service Fund.
Language is included for the Privacy and Civil Liberties Over-
sight Board, Salaries and Expenses, that provides funds authorized
by section 1061 of 42 U.S.C. 2000ee.
Language is included for the Public Buildings Reform Board,
that provides funds for carrying out the Federal Assets Sale and
Transfer Act of 2016 (Public Law 114-287).
Language is included for the Securities and Exchange Commis-
sion, Salaries and Expenses, that provides for rental of space, serv-
ices, reception and representation expenses, a permanent secre-
tariat for the International Organization of Securities Commis-
sions, and consultations and meetings hosted by the Commission.
Language is included designating funds for move, replication, and
related costs associated with a replacement lease for the Commis-
sion’s Fort Worth Regional Office facilities. Language is included
that provides for the crediting of offsetting collections. Language
provides for the assessment and collection of offsetting collections,
authorizes retention of such collections, and provides that they re-
main available until expended.
In addition, the bill includes the following administrative provi-
sion under the Securities and Exchange Commission:
Section 540. Language is included restricting the use of funds to
implement certain rules relating to proxy solicitations.
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Language is included for the Selective Service System, Salaries
and Expenses, that provides funds for attendance of meetings,
training, hire of passenger motor vehicles, services authorized by 5
U.S.C. 3109, and official reception and representation expenses; au-
thorizes certain exemptions under certain conditions; and prohibits
funds used in connection with the induction of any person into the
Armed Forces of the United States.
Language is included for the Small Business Administration, Sal-
aries and Expenses, that provides funds for the hire of motor vehi-
cles and official reception and representation expenses; designates
funds for lender oversight activities; provides authority to charge
fees and credit such fees to the account without further appropria-
tion; authorizes the acceptance of gifts; and extends the period of
availability of funds for the Loan Modernization and Accounting
System.
Language is included for the Small Business Administration, En-
trepreneurial Development Programs, that provides funds for pro-
grams supporting entrepreneurial and small business development
grant programs. Language is included extending the availability of
funds.
Language is included for the Small Business Administration, Of-
fice of Inspector General, that provides funds to carry out the pro-
visions of the Inspector General Act of 1978.
Language is included for the Small Business Administration, Of-
fice of Advocacy, that provides funds to carry out the provisions of
the Independent Office of Advocacy Act of 2003 and the Regulatory
Flexibility Act of 1980, and provides such funds to remain available
until expended.
Language is included for the Small Business Administration,
Business Loans Program Account, providing funds for the cost of
direct loans, to remain available until expended, and limiting com-
mitments for certain guaranteed loan programs. Language is also
included authorizing the transfer of funds to the Salaries and Ex-
penses appropriation for administrative expenses.
Language is included for the Small Business Administration,
Disaster Loans Program Account, that provides funds for adminis-
trative expenses, to remain available until expended, and author-
izes the transfer of funds to the Office of Inspector General and the
Salaries and Expenses appropriations.
In addition, the bill includes the following administrative provi-
sions the Small Business Administration:
Section 550. Language is included allowing for the transfer of
funds between Small Business Administration appropriations.
Section 551. Language is included allowing for the transfer of
funds from the Small Business Administration Salaries and Ex-
penses and Business Loans Program Account appropriations into
the Information Technology Systems Modernization and Working
Capital Fund.
Section 552. Language is included providing funds for initiatives
related to small business development and entrepreneurship, in-
cluding programmatic and construction activities.
Language is included for the United States Postal Service, Pay-
ment to the Postal Service Fund, that provides funds for revenue
foregone; stipulates that mail for overseas voting and mail for the
blind is free; provides that 6-day delivery shall continue at not less
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than the 1983 level; prohibits funds in this Act from being used to
charge a fee to a child support enforcement agency seeking the ad-
dress of a postal customer; prohibits funds from being used to con-
solidate or close small rural and other small post offices; and re-
quires the Postal Service to continue to offer for sale copies of the
Multinational Species Conservation Funds Semipostal Stamp.
Language is included for the United States Postal Service, Office
of Inspector General, that provides for transfer from the Postal
Service Fund.
Language is included for the United States Tax Court, Salaries
and Expenses, that provides funds for contract reporting; other
services authorized by 5 U.S.C. 3109; and official reception and
representation expenses; that extends the availability of some
funds; and that requires that travel expenses of the judges shall be
paid upon the written certificate of the judge.
TITLE VI—GENERAL PROVISION—THIS ACT
In addition, the bill provides the following provisions under this
title:
Section 601. Language is included prohibiting pay and other ex-
penses for non-Federal parties in regulatory or adjudicatory pro-
ceedings funded in this Act.
Section 602. Language is included prohibiting obligations beyond
the current fiscal year and prohibiting transfers of funds unless ex-
pressly so provided herein.
Section 603. Language is included limiting procurement contracts
for consulting service expenditures to contracts that are matters of
public record and available for public inspection.
Section 604. Language is included prohibiting transfer of funds
in this Act without express authority.
Section 605. Language is included prohibiting the use of funds to
engage in activities that would prohibit the enforcement of section
307 of the 1930 Tariff Act.
Section 606. Language is included concerning compliance with
the Buy American Act.
Section 607. Language is included prohibiting the use of funds by
any person or entity convicted of violating the Buy American Act.
Section 608. Language is included specifying reprogramming pro-
cedures. The provision requires that agencies or entities funded by
this Act obtain prior approval from the Committee for any re-
programming of funds that: (1) creates a new program; (2) elimi-
nates a program, project, or activity; (3) increases funds or per-
sonnel for any program, project, or activity for which funds have
been denied or restricted by the Congress; (4) proposes to use funds
directed for a specific activity by the Committee on Appropriations
of either the House of Representatives or the Senate for a different
purpose; (5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less; (6) reduces
existing programs, projects, or activities by $5,000,000 or 10 per-
cent, whichever is less; or (7) creates or reorganizes offices, pro-
grams, or activities different from the budget justifications sub-
mitted to the Committees on Appropriations or the tables in the re-
port accompanying this Act, whichever is more detailed. The provi-
sion also direct agencies to consult with the Committees prior to
any significant reorganization, restructuring, relocation, or closing
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of offices, programs, or activities and directs the agencies funded by
this Act to submit operating plans for the Committee’s review with-
in 60 days of the bill’s enactment.
Section 609. Language is included providing that fifty percent of
unobligated balances may remain available for certain purposes.
Section 610. Language is included prohibiting funding for the Ex-
ecutive Office of the President to request either a Federal Bureau
of Investigation background investigation or Internal Revenue
Service determination with respect to section 501(a) of the Internal
Revenue Code of 1986, except with the express consent of the indi-
vidual involved in an investigation or in extraordinary cir-
cumstances involving national security.
Section 611. Language is included regarding cost accounting
standards for contracts under the Federal Employee Health Bene-
fits Program.
Section 612. Language is included regarding non-foreign area
cost of living allowances.
Section 613. Language is included waiving restrictions on the
purchase of non-domestic articles, materials, and supplies in the
case of acquisition of information technology by the Federal govern-
ment.
Section 614. Language is included prohibiting officers or employ-
ees of any regulatory agency or commission funded by this Act from
accepting travel payments or reimbursements from a person or en-
tity regulated by such agency or commission.
Section 615. Language is included permitting the Securities and
Exchange Commission and Commodities Futures Trading Commis-
sion to fund a joint advisory committee to advise on emerging regu-
latory issues, notwithstanding Section 708 of this Act.
Section 616. Language is included requiring certain agencies in
this Act to consult with the General Services Administration before
seeking new office space or making alterations to existing office
space.
Section 617. Language is included providing for several appro-
priated mandatory accounts. These are accounts where authorizing
language requires the payment of funds.
Section 618. Language is included prohibiting funds for the Fed-
eral Trade Commission to complete or publish the study, rec-
ommendations, or report prepared by the Interagency Working
Group on Food Marketed to Children.
Section 619. Language is included requiring that the head of any
executive branch agency ensure that the Chief Information Officer
has authority to participate in the budget planning process and ap-
proval of the information technology budget.
Section 620. Language is included prohibiting funds in con-
travention of the Federal Records Act.
Section 621. Language is included prohibiting agencies from re-
quiring Internet Service Providers to disclose electronic commu-
nications information in a manner that violates the Fourth Amend-
ment.
Section 622. Language is included prohibiting funds to be used
to deny inspectors general access to records.
Section 623. Language is included prohibiting any funds made
available in this Act from being used to establish a computer net-
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work unless such network blocks the viewing, downloading, and ex-
changing of pornography.
Section 624. Language is included prohibiting any funds made
available in this Act from being used to pay for award or incentive
fees for contractors with below satisfactory performance.
Section 625. Language is included prohibiting funds made avail-
able in this Act from being used for certain travel and conference
activities unless an agency or entity determines that the travel is
in the national interest and advance notice is provided to the Ap-
propriations Committees.
Section 626. Language is included prohibiting funds made avail-
able in this Act from being used to fund first-class or business-class
travel in contravention of Federal regulations.
Section 627. Language is included providing an additional
$850,000 for the Inspectors General Council Fund to expand and
update the Federal-wide Inspectors General (IG) website over-
sight.gov.
Section 628. Language is included relating to contracts for public
relations services.
Section 629. Language is included prohibiting funds made avail-
able in this Act from being used to penalize a financial institution
for providing financial services to an entity that participates in a
business or organized activity involving marijuana that is con-
ducted pursuant to a law established by a State or a unit of local
government.
Section 630. Language is included rescinding $20,000,000 in un-
obligated balances from the Department of the Treasury, Treasury
Forfeiture Fund.
TITLE VI—GENERAL PROVISIONS—GOVERNMENT-WIDE
In addition, the bill provides the following provisions under this
title:
Section 701. Language is included requiring agencies to admin-
ister a policy designed to ensure that all of its workplaces are free
from the illegal use of controlled substances.
Section 702. Language is included establishing price limitations
on vehicles to be purchased by the Federal Government with cer-
tain exceptions.
Section 703. Language is included allowing funds made available
to agencies for travel to also be used for quarters allowances and
cost-of-living allowances.
Section 704. Language is included prohibiting the employment of
noncitizens with certain exceptions.
Section 705. Language is included giving agencies the authority
to pay General Services Administration bills for space renovation
and other services.
Section 706. Language is included allowing agencies to finance
the costs of recycling and waste prevention programs with proceeds
from the sale of materials recovered through such programs.
Section 707. Language is included providing that funds made
available to corporations and agencies subject to 31 U.S.C. 91 may
pay rent and other service costs in the District of Columbia.
Section 708. Language is included prohibiting interagency financ-
ing of groups absent prior statutory approval.
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Section 709. Language is included prohibiting the use of funds
for enforcing regulations disapproved in accordance with the appli-
cable law of the U.S.
Section 710. Language is included limiting the amount of funds
that can be used for redecoration of offices under certain cir-
cumstances.
Section 711. Language is included allowing for interagency fund-
ing of national security and emergency telecommunications initia-
tives.
Section 712. Language is included requiring agencies to certify
that a Schedule C appointment was not created solely or primarily
to detail the employee to the White House.
Section 713. Language is included prohibiting the payment of
any employee who prohibits, threatens, or prevents another em-
ployee from communicating with Congress.
Section 714. Language is included prohibiting Federal training
not directly related to the performance of official duties.
Section 715. Language is included prohibiting, other than for
normal and recognized executive-legislative relationships, propa-
ganda, publicity and lobbying by executive agency personnel in
support or defeat of legislative initiatives.
Section 716. Language is included prohibiting any Federal agen-
cy from disclosing an employee’s home address to any labor organi-
zation, absent employee authorization or court order.
Section 717. Language is included prohibiting funds to be used
to provide non-public information such as mailing, telephone, or
electronic mailing lists to any person or organization outside the
government without the approval of the Committees on Appropria-
tions.
Section 718. Language is included prohibiting the use of funds
for propaganda and publicity purposes not authorized by Congress.
Section 719. Language is included directing agency employees to
use official time in an honest effort to perform official duties.
Section 720. Language is included allowing the use of funds to
finance an appropriate share of the Federal Accounting Standards
Advisory Board.
Section 721. Language is included allowing the transfer of funds
to the General Services Administration to finance an appropriate
share of various government-wide boards and councils and for Fed-
eral Government Priority Goals under certain conditions.
Section 722. Language is included permitting breast feeding in a
Federal building or on Federal property if the woman and child are
authorized to be there.
Section 723. Language is included permitting interagency fund-
ing of the National Science and Technology Council and provides
for a report on the budget and resources of the National Science
and Technology Council.
Section 724. Language is included requiring documents involving
the distribution of Federal funds to indicate the agency providing
the funds and the amount provided.
Section 725. Language is included prohibiting the use of funds to
monitor personal access or use of Internet sites or to collect, re-
view, or obtain any personally identifiable information relating to
access to or use of an Internet site.
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Section 726. Language is included requiring health plans partici-
pating in the Federal Employees Health Benefits Program to pro-
vide contraceptive coverage and provides exemptions to certain reli-
gious plans.
Section 727. Language is included supporting strict adherence to
anti-doping activities.
Section 728. Language is included allowing funds for official trav-
el to be used by departments and agencies, if consistent with OMB
Circular A-126, to participate in the fractional aircraft ownership
pilot program.
Section 729. Language is included the prohibits the implementa-
tion of OPM regulations limiting detailees to the legislative branch
and placing certain limitations on the Coast Guard Congressional
Fellowship program.
Section 730. Language is included restricting the use of funds for
Federal law enforcement training facilities.
Section 731. Language is included prohibiting Executive Branch
agencies from creating prepackaged news stories that are broadcast
or distributed in the United States unless the story includes a clear
notification within the text or audio of that news story that the
prepackaged news story was prepared or funded by that executive
branch agency.
Section 732. Language is included prohibiting use of funds in
contravention of section 552a of title 5, United States Code (the
Privacy Act) and regulations implementing that section.
Section 733. Language is included prohibiting funds from being
used for any Federal Government contract with any foreign incor-
porated entity which is treated as an inverted domestic corpora-
tion.
Section 734. Language is included requiring agencies to pay a fee
to the Office of Personnel Management for processing retirement of
employees who separate under Voluntary Early Retirement Au-
thority or who receive Voluntary Separation Incentive payments.
Section 735. Language is included prohibiting funds for the
painting of a portrait of an employee of the Federal government in-
cluding the President, the Vice President, a Member of Congress,
the head of an executive branch agency, or the head of an office of
the legislative branch.
Section 736. Language is included limiting the pay increases of
certain prevailing rate employees.
Section 737. Language is included requiring agencies to submit
reports to Inspectors General concerning expenditures for agency
conferences.
Section 738. Language is included prohibiting funds to be used
to increase, eliminate, or reduce funding for a program or project
unless such change is made pursuant to reprogramming or transfer
provisions.
Section 739. Language is included prohibiting agencies from
using funds to implement regulations changing the competitive
areas under reductions-in-force for Federal employees.
Section 740. Language is included that prohibits the use of funds
for a public-private competition regarding the conversion to con-
tractor performance of any function performed by civilian Federal
employees.
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Section 741. Language is included ensuring contractors are not
prevented from reporting waste, fraud, or abuse by signing con-
fidentiality agreements that would prohibit such disclosure.
Section 742. Language is included prohibiting the expenditure of
funds for the implementation of certain nondisclosure agreements
unless certain provisions are included in the agreements.
Section 743. Language is included prohibiting funds to any cor-
poration with certain unpaid Federal tax liabilities unless an agen-
cy has considered suspension or debarment of the corporation and
made a determination that further action is not necessary to pro-
tect the interests of the Government.
Section 744. Language is included prohibiting funds to any cor-
poration that was convicted of a felony criminal violation within
the preceding 24 months unless an agency has considered suspen-
sion or debarment of the corporation and made a determination
that further action is not necessary to protect the interests of the
Government.
Section 745. Language is included requiring the Bureau of Con-
sumer Financial Protection to notify certain Committees of re-
quests for a transfer of funds from the Federal Reserve System and
to post any such notifications on the Bureaus website.
Section 746. Language is included that eliminates the automatic
statutory pay increase for the Vice President and certain senior po-
litical appointees.
Section 747. Language is included related to the impoundment of
resources.
Section 748. Language is included requiring an executive agency
or the District of Columbia Government to respond to information
requests from the Government Accountability Office.
Section 749. Language is included on the notification of appor-
tionments.
Section 750. Language is included restricting funds from pre-
venting certain union activities.
Section 751. Language is included creating a Commission to re-
view the assigning, modifying, or removing of names, monuments,
statues, public art, historical markers, or other symbols owned or
located on Federal Government property which are inconsistent
with the values of diversity, equity, and inclusion.
Section 752. Language is included addressing interagency fund-
ing for the Unites States Army Medical Research and Development
Command, the Congressionally Directed Medical Research Pro-
grams, and the National Institutes of Health research programs.
Section 753. Language is included making technical amendments
to the Pandemic Response Accountability Committee.
Section 754. Language is included requiring recordkeeping re-
quirements for certain GAO audits.
Section. 755. Language is included prohibiting funding for gov-
ernment cloud computing unless they do not store or transmit im-
ages which depict violations of child exploitation law.
Section. 756. Language is included concerning the non-applica-
tion of these general provisions to title IV and to title VIII.
TITLE VII GENERAL PROVISIONS—DISTRICT OF COLUMBIA
In addition, the bill provides the following provisions under this
title:
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Section 801. Language is included that continues and modifies a
provision establishing reprogramming procedures for Federal
funds.
Section 802. Language is included prohibiting the obligation of
Federal funds beyond the current fiscal year and transfers of funds
unless expressly provided herein.
Section 803. Language is included providing that not to exceed
50 percent of unobligated balances from Federal appropriations for
salaries and expenses may remain available for certain purposes.
Section 804. Language is included appropriating local funds dur-
ing fiscal year 2023 if there is an absence of a continuing resolution
or regular appropriation for the District of Columbia. Funds are
provided under the same authorities and conditions and in the
same manner and extent as provided for in fiscal year 2022.
Section 805. Language is included that modifies a provision lim-
iting access to the D.C. Tuition Assistance Grant program to fami-
lies with a taxable annual income of less than $750,000 subject to
inflation as measured by the Consumer Price Index.
Section 806. Language is included that concerns a ‘‘conscience
clause’’ on legislation that pertains to contraceptive coverage by
health insurance plans.
Section 807. Language is included providing the District of Co-
lumbia authority to transfer, receive, and acquire lands and fund-
ing it deems necessary for the construction and operation of inter-
state bridges over navigable waters, including related infrastruc-
ture, for a project to expand commuter and regional passenger rail
service and provide bike and pedestrian access crossings.
Section 808. Language is included prohibiting the federalization
of the District of Columbia Metropolitan Police Department by the
President of the United States.
Section 809. Language is included to increase the maximum
award for the D.C. Tuition Assistance Grant program from $10,000
to $15,000 and to increase the total limit on awards from $50,000
to $75,000.
Section 810. Language is included that continues a provision lim-
iting references to ‘‘this Act’’ as referring to only this title and title
IV.
APPROPRIATIONS NOT AUTHORIZED BY LAW
Pursuant to clause 3(f)(1)(B) of rule XIII of the Rules of the
House of Representatives, the following table lists the appropria-
tions in the accompanying bill which are not authorized by law for
the period concerned:
[DOLLARS IN THOUSANDS]
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PROGRAM DUPLICATION
No provision of this bill establishes or reauthorizes a program of
the Federal Government known to be duplicative of another Fed-
eral program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to section
21 of Public Law 111–139, or a program related to a program iden-
tified in the most recent Catalog of Federal Domestic Assistance.
COMMITTEE HEARINGS
For the purposes of clause 3(c)(6) of rule XIII of the Rules of the
House of Representatives, the following hearings were used to de-
velop or consider the Financial Services and General Government
Appropriations Act, 2022:
The Subcommittee on Financial Services and General Govern-
ment held a hearing on February 16, 2021, entitled ‘‘Election As-
sistance Commission Oversight Hearing’’. The Subcommittee re-
ceived testimony from:
The Honorable Benjamin Hovland, Chairman, U.S. Election As-
sistance Commission
The Subcommittee on Financial Services and General Govern-
ment held a hearing on February 23, 2021, entitled ‘‘Oversight of
the Internal Revenue Service’’. The Subcommittee received testi-
mony from:
The Honorable Charles P. Rettig, Commissioner, Internal Rev-
enue Service
The Subcommittee on Financial Services and General Govern-
ment held a hearing on February 24, 2021, entitled ‘‘The Judi-
ciary’s Budget Request for Fiscal Year 2022’’. The Subcommittee
received testimony from:
The Honorable John W. Lungstrum, Chair, Judicial Conference
Committee on the Budget
The Honorable Roslynn R. Mauskopf, Director, Administrative
Office of the U.S. Courts
The Subcommittee on Financial Services and General Govern-
ment held a hearing on March 11, 2021, entitled ‘‘Oversight of the
U.S. Postal Service’’. The Subcommittee received testimony from:
The Honorable Louis DeJoy, United States Postmaster General,
United States Postal Service
The Subcommittee on Financial Services and General Govern-
ment held a hearing on May 18, 2021, entitled ‘‘The Need for Uni-
versal Broadband: Lessons from the COVID-19 Pandemic’’. The
Subcommittee received testimony from:
Joi Chaney, National Urban League
Matt Dunne, Center on Rural Innovation
Max Stier, Partnership for Public Service
Lang Zimmerman, Yelcot Communications
The Subcommittee on Financial Services and General Govern-
ment held a hearing on May 26, 2021, entitled ‘‘Securities and Ex-
change Commission Oversight Hearing’’. The Subcommittee re-
ceived testimony from:
The Honorable Gary Gensler, Chair, Securities and Exchange
Commission
The Subcommittee on Financial Services and General Govern-
ment held a hearing on May 27, 2021, entitled ‘‘Department of the
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177
Treasury Oversight Hearing’’. The Subcommittee received testi-
mony from:
The Honorable Janet Yellen, Secretary, Department of the Treas-
ury
The Subcommittee on Financial Services and General Govern-
ment held a hearing on May 28, 2021, entitled ‘‘Small Business Ad-
ministration Oversight Hearing’’. The Subcommittee received testi-
mony from:
The Honorable Isabella Casillas Guzman, Administrator, Small
Business Administration
The Subcommittee on Financial Services and General Govern-
ment held a hearing on June 9, 2021, entitled ‘‘Office of Manage-
ment and Budget FY22 Budget Request’’. The Subcommittee re-
ceived testimony from:
The Honorable Shalanda Young, Acting Director, Office of Man-
agement and Budget
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FULL COMMITTEE VOTES
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COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL)
AUTHORITY
The following table provides a detailed summary, for each De-
partment and agency, comparing the amounts recommended in the
bill with amounts enacted for fiscal year 2021 and budget esti-
mates presented for fiscal year 2022.
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MINORITY VIEWS
We appreciate the collegial and collaborative efforts of Full Com-
mittee Chair DeLauro and Subcommittee Chair Quigley in pro-
ducing a Financial Services and General Government Appropria-
tions bill. The bill includes several bipartisan priorities that sup-
port small business development, operations of the Federal judici-
ary, and drug control programs.
Unfortunately, we are not able to support the bill as currently
drafted. The bill provides $29,099,897,000 in new discretionary
budget authority for fiscal year 2022, which includes allocation ad-
justments of $416,897,000 for tax enforcement and $143,000,000
for disaster relief. This is $4,836,533,000, or 20 percent above the
comparable fiscal year 2021 enacted level. This level of spending is
not justified and ignores our unsustainable fiscal trajectory.
We were hoping that in fiscal year 2022 we could start to limit
Federal spending as the costs associated with the pandemic wane.
Instead, numerous agencies funded in the bill receive a double-digit
percentage increase over last year, including a 39 percent increase
for the White House Offices appropriation and a 15 percent in-
crease for the Office of Management and Budget.
While we believe the Internal Revenue Service (IRS) could use
some additional resources, the bill provides them with a
$1,654,769,000, or 14 percent, increase. It was not too long ago that
the IRS was targeting groups based on their political beliefs and
wasting taxpayer dollars on lavish conferences, inappropriate vid-
eos, and employee bonuses.
While much of the Federal workforce has been teleworking for
more than a year, this bill provides a $1,441,553,000 increase to
the General Services Administration, most of which is for Federal
buildings and vehicles at a time when the Administration is pre-
serving Executive Branch employees’ ability to keep working from
home. We were hoping that the lessons learned during the pan-
demic could lead to savings in office space and travel expenses, not
more spending.
We are already seeing the inflation and historically-high debt
ushered in by the Administration’s excessive spending. We are
greatly concerned these realities will hinder the recovery and bur-
den future generations of Americans.
There are also several controversial policy changes included in
the bill such as allowing District of Columbia tax dollars to fund
abortions and removing the prohibition on the Federal employee
health benefits program funding for abortions.
Unfortunately, the Majority rejected several Republican amend-
ments offered in the Committee. If passed, these amendments
would have improved the bill by: promoting pro-life policies; hold-
ing the Iranian regime accountable; improving educational opportu-
nities for low-income students in the District of Columbia; pre-
(205)
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206
venting further unnecessary bailouts of State and local govern-
ments; protecting small businesses from unnecessary and burden-
some disclosures; and reducing Federal regulations.
While we have many concerns with the bill at this stage in the
process, we are hopeful that, at some point in the near future, we
will be able to reach a bipartisan and bicameral agreement on
spending and eliminate controversial policy changes.
We are confident that as this process moves forward, we can con-
tinue working together to find bipartisan agreement on the items
that matter most.
KAY GRANGER.
STEVE WOMACK.
Æ
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