67–238 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 112–136 

FINANCIAL SERVICES AND GENERAL GOVERNMENT 

APPROPRIATIONS BILL, 2012 

JULY 7, 2011.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mrs. EMERSON, from the Committee on Appropriations, 

submitted the following 

R E P O R T 

together with 

MINORITY VIEWS 

[To accompany H.R. 2434] 

The Committee on Appropriations submits the following report in 

explanation of the accompanying bill making appropriations for financial services and general government for the fiscal year ending 

September 30, 2012. 

INDEX TO BILL AND REPORT 

Page number 

Bill Report 

Title I—Department of the Treasury ....................................................... 2 5 

Title II—Executive Office of the President and Funds Appropriated to 

the President ........................................................................................... 21 22 

Title III—The Judiciary ............................................................................. 34 30 

Title IV—District of Columbia .................................................................. 42 36 

Title V—Independent Agencies ................................................................. 53 40 

Administrative Conference of the United States .............................. 53 40 

Consumer Product Safety Commission ............................................. 53 41 

Election Assistance Commission ........................................................ 54 42 

Federal Communications Commission .............................................. 54 43 

Federal Deposit Insurance Corporation ............................................ 55 45 

Federal Election Commission ............................................................. 55 45 

Federal Labor Relations Authority .................................................... 56 45 

Federal Trade Commission ................................................................ 57 46 

General Services Administration ....................................................... 58 47 

Harry S Truman Scholarship Foundation ........................................ 67 54 


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Page number 

Bill Report 

Merit Systems Protection Board ........................................................ 67 55 

Morris K. Udall and Stewart L. Udall Foundation .......................... 68 55 

National Archives and Records Administration ............................... 69 56 

National Credit Union Administration ............................................. 71 57 

Office of Government Ethics .............................................................. 71 58 

Office of Personnel Management ....................................................... 71 58 

Office of Special Counsel .................................................................... 74 60 

Postal Regulatory Commission .......................................................... 74 60 

Recovery Accountability and Transparency Board ........................... 75 61 

Securities and Exchange Commission ............................................... 75 61 

Selective Service System .................................................................... 76 63 

Small Business Administration ......................................................... 77 64 

United States Postal Service .............................................................. 82 68 

United States Tax Court .................................................................... 83 69 

Title VI—General Provisions—This Act ................................................... 83 69 

Title VII—General Provisions—Government-wide: Departments, 

Agencies, and Corporations ................................................................... 97 73 

Title VIII—General Provisions, District of Columbia ............................. 123 76 

Title IX—Spending Reduction Account for Regular Annual Appropriation Bills .................................................................................................. 129 77 

House of Representatives Reporting Requirements ................................ — 77 

Minority Views ........................................................................................... — 121 

HIGHLIGHTS OF THE BILL

The Financial Services and General Government Subcommittee 

has jurisdiction over a diverse group of agencies responsible for 

regulating the financial and telecommunications industries; collecting taxes and providing taxpayer assistance; supporting the operations of the White House, the Federal Judiciary, and the District of Columbia; managing Federal buildings; and overseeing the 

Federal workforce. The activities of these agencies impact nearly 

every American and are integral to the operations of our government. 

However, with the Federal debt exceeding $14 trillion, the Subcommittee is committed to reducing the cost and size of government. The bill provides a total of $19,895,000,000 in discretionary 

budget authority which is nine percent less than fiscal year 2011 

and 18 percent less than fiscal year 2010. The discretionary budget 

authority provided is $5,788,140,000 or 22.5 percent less than the 

President’s request. 

TOTAL BUDGET AUTHORITY

[$ in milions] 

FY 2011 

Enacted 

FY 2012 

Request 

FY 2012 

Recommendation 

Discretionary ..................................................................................................... 21,748 25,683 19,895 

Mandatory ......................................................................................................... 21,160 21,455 21,455 


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DISCRETIONARY BUDGET AUTHORITY BY TITLE

[$ in milions] 

Agency FY 2011 

Enacted 

FY 2012 

Request 

FY 2012 Recommenda- tion 

Department of the Treasury .............................................................................. 13,095 14,038 12,166 

Executive Office of the President ..................................................................... 705 739 640 

Judiciary ............................................................................................................ 6,478 6,856 6,326 

District of Columbia ......................................................................................... 699 717 637 

Other ................................................................................................................. 771 3,333 126 

Total ......................................................................................................... 21,748 25,683 19,895 

The funding priorities in the bill include the Small Business Administration’s (SBA) business and disaster loan programs, drug 

task forces, public safety and education in the District of Columbia, 

and Treasury’s antiterrorism and financial intelligence activities. 

In order to assist small business, the bill provides an increase of 

$127,795,000 for SBA’s business loan program over fiscal year 

2011. In addition, the bill requires the Office of Management and 

Budget and certain regulatory agencies to report to the Committee 

on their efforts to eliminate duplicative, outdated and burdensome 

regulations. 

For the Office of National Drug Control Policy, the bill provides 

$238,522,000 for High Intensity Drug Trafficking Areas which is 

$38,522,000 more than the request. In addition, the bill provides 

$88,600,000 for the Drug-Free Communities program. 

For the District of Columbia, the bill fully funds the request for 

emergency planning and security. In addition, the bill provides increases above fiscal year 2011 for the operations of the DC Superior Court and the Court Services and Offender Supervision Agency. The bill continues the Committee’s commitment to education in 

the City by providing $60,000,000 for school improvement, as authorized by the Scholarships for Opportunity and Results Act, and 

$30,000,000 for resident tuition support. 

For Treasury’s Office of Terrorism and Financial Intelligence, the 

bill provides $100,000,000 to combat drug lords, terrorists, weapons 

of mass destruction proliferators, rogue nations and other threats. 

This amount is $7,400,000 above the request, and recognizing the 

importance of these activities, funding for this office is provided in 

a separate appropriation from other Treasury offices. 

In order to pay for these priorities while still significantly reducing overall spending, the Committee has reduced the operating expenses for all non-security related Department of Treasury offices 

and bureaus, the Executive Office of the President, the Federal 

courts, and nearly every independent agency funded by this bill. In 

addition, the Committee has eliminated funding for new construction and major renovations of Federal buildings. The Committee 

believes before new space is added to the Federal inventory, the 

Executive Branch should make better use of its existing space. 

In addition to reducing the operating costs of nearly every agency 

in the bill, the Committee has prohibited funding for specific activities that the Committee believes inhibit economic recovery and fiscal sustainability. These funding limitations prohibit funds for imVerDate Mar 15 2010 04:06 Jul 08, 2011 Jkt 067238 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR136.XXX HR136

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plementation of the individual mandate from the healthcare reform 

act, operating an unverified consumer complaint database, imposing burdensome regulations on the Internet, executing the outdated 

Presidential Election Campaign Fund, hiring certain unconfirmed 

Czars, and reinstating the Fairness Doctrine. 

The bill also provides for increased transparency and Congressional oversight of recently created agencies such as the Office of 

Financial Stability, the Office of Financial Research, and the Consumer Financial Protection Bureau. These reforms will allow Congress and the American people to better understand the activities 

of these organizations which currently have significant authority to 

spend taxpayer funds without oversight. 

OPERATING PLAN AND REPROGRAMMING PROCEDURES

The Committee will continue to evaluate reprogrammings proposed by agencies. Although reprogrammings may not change either the total amount available in an account or any of the purposes for which the appropriation is legally available, they represent a significant departure from budget plans presented to the 

Committee in an agency’s budget justification and supporting documents, which are the basis of this appropriations Act. The Committee expects agencies’ reprogramming requests to explain thoroughly the reasons for the reprogramming and to include an assessment of whether the reprogramming will affect budget requirements for the subsequent fiscal year. 

Section 608 of this Act requires agencies or entities funded by 

the Act to notify the Committee and obtain prior approval from the 

Committee for any reprogramming of funds that: (1) creates a new 

program; (2) eliminates a program, project, or activity; (3) increases 

funds or personnel for any program, project, or activity for which 

funds have been denied or restricted by the Congress; (4) proposes 

to use funds directed for a specific activity by either the House or 

Senate Committees on Appropriations for a different purpose; (5) 

augments existing programs, projects, or activities in excess of 

$5,000,000 or 10 percent, whichever is less; (6) reduces existing 

programs, projects, or activities by $5,000,000 or 10 percent, whichever is less; or (7) creates or reorganizes offices, programs, or activities. 

Additionally, the Committee expects to be promptly notified of all 

reprogramming actions which involve less than the above-mentioned amounts if such actions would have the effect of significantly changing an agency’s funding requirements in future years, 

or if programs or projects specifically cited in the Committee’s reports are affected by the reprogramming. Reprogrammings meeting 

these criteria must be approved by the Committee regardless of the 

amount proposed to be moved. 

Section 608 also requires agencies to consult with the Committees on Appropriations prior to any significant reorganization or restructuring of offices, programs, or activities. This provision applies 

regardless of whether the reorganization or restructuring involves 

a reprogramming of funds. Agencies are encouraged to consult with 

the Committees early in the process so that any questions or concerns the Committees may have can be addressed in a timely manner. 


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Agencies are directed under section 608 to submit operating 

plans for the Committee’s review within 60 days of the bill’s enactment. Each operating plan should include: (1) a table for each appropriation with a separate column to display the President’s budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; 

(2) a delineation in the table for each appropriation both by object 

class and program, project, and activity as detailed in the budget 

appendix for the respective appropriation; and (3) an identification 

of items of special congressional interest. 

TITLE I—DEPARTMENT OF THE TREASURY 

DEPARTMENTAL OFFICES

SALARIES AND EXPENSES

Appropriation, fiscal year 2011 ......................................................... $306,388,000 

Budget request, fiscal year 2012 ....................................................... 324,889,000 

Recommended in the bill ................................................................... 185,749,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥120,639,000 

Budget request, fiscal year 2012 ................................................ ¥139,140,000 

The Departmental Offices’ function in the Treasury Department 

is to support the Secretary of the Treasury in his capacity as the 

chief operating executive of the Department and in his role in determining the tax, economic, and financial management policies of 

the Federal government. The Secretary’s responsibilities funded by 

the Salaries and Expenses appropriation include: recommending 

and implementing domestic and international economic and tax 

policy; providing recommendations regarding fiscal policy; governing the fiscal operations of the government; managing the public debt; managing development of financial policy; representing the 

U.S. on international monetary, trade and investment issues; overseeing Treasury Department overseas operations; directing the administrative operations of the Treasury Department; and providing 

executive oversight of the bureaus within the Treasury Department. 

COMMITTEE RECOMMENDATION

The Committee recommends $185,749,000 for Departmental Offices, Salaries and Expenses, which is $120,639,000 less than fiscal 

year 2011 and $139,140,000 less than the request. Of the funds 

provided, $7,000,000 is available until September 30, 2013, for information technology and the Office of Critical Infrastructure Protection and Compliance Policy and $6,787,000 is for financial statement audits. 

Beginning fiscal year 2012, the Committee provides a separate 

appropriation for the Department’s Office of Terrorism and Financial Intelligence (TFI) from the ‘‘Departmental Offices’’ account. 

Operating Plan.—The Committee directs the Department to submit an operating plan for the fiscal year 2012 resources provided 

to the Department, including all offices and bureaus, not more than 

60 days after enactment of this Act. The plan must include information on program changes and major procurements at the Department. 


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Judgment Fund Transparency.—The Secretary of the Treasury 

shall submit to the Committee and make available to the public on 

its website an annual report about payments made under 31 U.S.C. 

1304 for the fiscal year. Unless the disclosure of such information 

is otherwise prohibited by law or court order, the report shall consist of: (1) the name of the plaintiff or claimant, (2) the name of 

the counsel for the plaintiff or claimant; (3) the name of the agency 

that submitted the claim; (4) a brief description of the facts that 

gave rise to the claim; and (5) the amount paid representing principal, attorney fees, and interest, if applicable. The first report is 

due within 60 days of enactment of this Act. 

Volcker Rule.—In Public Law 111–203, subsequent to a study 

issued by the Financial Stability Oversight Council (FSOC), Congress directed FSOC to coordinate the efforts of the appropriate 

Federal banking regulators, the U.S. Securities and Exchange 

Commission, and the U.S. Commodity Futures Trading Commission to promulgate regulations, known as the ‘‘Volcker Rule,’’ that 

‘‘appropriately accommodate the business of insurance.’’ The Committee believes that the traditional investment activities of Stateregulated insurance companies for their general accounts, including 

investing in both sponsored and third-party funds, are preserved by 

the law without constraint. 

The Committee is concerned the rule-making process is moving 

forward without a Senate-confirmed, voting member of the FSOC 

who can represent the views of the insurance industry. The Committee looks forward to reviewing the proposed regulations to ensure that Congressional intent is fulfilled. 

Economic Warfare and Financial Terrorism.—Not later than 150 

days after the enactment of this Act, the Committee directs the 

Secretary to submit a report to the House and Senate Appropriations Committees, the House Financial Services Committee, the 

Senate Banking Committee and other Committees the Department 

deems necessary regarding the potential risks to U.S. financial 

markets and economy posed by economic warfare and financial terrorism. The Secretary shall consider what vulnerabilities currently 

exist and potentially may arise in the future. In preparing the report, the Secretary shall consult with appropriate agencies, departments, bureaus, and commissions that have expertise in terrorism 

and complex financial instruments. The report may be submitted 

in classified and unclassified forms. 

OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE

SALARIES AND EXPENSES

Appropriation, fiscal year 2011 ......................................................... $ – – – 

Budget request, fiscal year 2012 ....................................................... – – – 

Recommended in the bill ................................................................... 100,000,000 

Bill compared with:.

Appropriation, fiscal year 2011 .................................................. +100,000,000 

Budget request, fiscal year 2012 ................................................ +100,000,000 

When the Administration was preparing its 2011 budget request 

during the summer and fall of 2010, it could never have imagined 

that a desperately discouraged vegetable vendor in Tunisia would 

give rise to the protests in Tunisia and elsewhere such as Libya, 

Egypt, Syria, and Yemen. The resulting uncertainty and instability 


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creates opportunities for organizations and persons who harbor illwill against America and Americans. 

The Arab Spring Uprising warrants both diligence and vigilance. 

Financial capital has no respect for geographical boundaries; it will 

flow in the direction of least resistance. Economic and trade sanctions issued and enforced by Office of Terrorism and Financial 

Intelligence’s (TFI) Office of Foreign Assets Control protect the financial system from being polluted with criminal and illicit activities and counteract national security threats from drug lords, terrorists, weapons of mass destruction proliferators, and rogue nations, among others. In addition to the enforcement of sanctions, 

TFI also produces vital analysis with regards to foreign intelligence 

and counterintelligence across all elements of the national security 

community. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $100,000,000 for 

the Office of Terrorism and Financial Intelligence to carry out TFI’s 

central role in detecting and defeating security threats and separates its appropriation from the ‘‘Departmental Offices’’ account, 

where it was historically funded. The recommended level is the 

same as fiscal year 2011 amount provided for these activities within ‘‘Departmental Offices’’ and is $7,400,000 more than the request 

also within ‘‘Departmental Offices’’. The Committee is distressed 

that the Administration would propose reducing financial intelligence activities while proposing increases for other headquarter 

offices. 

The Committee is aware that on January 28, 2011, the Treasury 

Department’s Office of Foreign Asset Control (OFAC) finalized regulations amending the Cuban Assets Control Regulations to implement policy changes announced by the President on January 14, 

2011. Among other changes, the new regulations permit OFAC to 

issue specific licenses on a case-by-case basis authorizing travel related transactions incident to educational exchanges not involving 

academic study pursuant to a degree program when those exchanges take place under the auspices of an organization that 

sponsors and organizes such programs to promote people-to-people 

contacts. The Committee understands that, at present, there is a 

considerable number of permit applications related to these specific 

licenses in the queue awaiting a decision on issuance. The Committee directs OFAC to provide the Committee a report on the current number of pending applications seeking specific licenses related to these particular educations exchanges, OFAC’s plan for 

moving through the queue awaiting a decision, the number of these 

licenses that OFAC has issued to date, and OFAC’s plan for expeditiously reviewing these applications in the future. 

BUREAU OF CONSUMER FINANCIAL PROTECTION

ADMINISTRATIVE PROVISIONS—BUREAU OF CONSUMER FINANCIAL

PROTECTION

To demonstrate its commitment to doing away with the fine 

print, the Bureau of Consumer Financial Protection (BCFP) provided a scintilla of budget material to Congress, consisting of broad 

policy objectives and total budgetary resources. Unlike other agenVerDate Mar 15 2010 04:06 Jul 08, 2011 Jkt 067238 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\HR136.XXX HR136

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cies, the BCFP does not describe or explain the relationship between its policy objectives and the budgetary resources, performance measures or goals, significant proposals that effect obligations 

in the five to ten year period and their relationship to the current 

year and budget year, or the budgetary effect of workload, strategic 

planning, capital planning, or investments in information technology. In the absence of this fine print, the Committee cannot discern what the BCFP plans to do, how it will do it, or how much 

it will cost. 

The Committee is disappointed that an agency dedicated to 

transparency and accountability was not more forthcoming about 

how it plans to spend taxpayer money and remedies this informational vacuum with sections 101 and 102. 

Section 101. The Committee includes language limiting the 

transfer from the Federal Reserve to the BCFP to $200,000,000 for 

fiscal year 2012. In addition, language is included limiting the 

BCFP’s authority to obligate funding to $200,000,000 for fiscal year 

2012. These reforms will allow Congress and the American people 

to understand better the activities of the BCFP, which currently 

has significant authority to spend taxpayer funds without oversight 

or input from Congress. 

The limitation is $129,045,000, or 39 percent, less than the request for $329,045,000 and approximately $500 million, or 71 percent, less than the $700 million authorized in the Dodd-Frank Wall 

Street Reform and Consumer Protection Act. 

Section 102. The Committee includes language making the 

BCFP’s funding subject to the annual appropriations process beginning in fiscal year 2013. Under the Dodd-Frank Wall Street Reform 

and Consumer Protection Act, the BCFP can spend more than half 

a billion dollars without regard to the Congress. The Committee believes this provision will routinize the exchange of information between the BCFP and Congress. The BCFP needs oversight as much 

as banks and nonbanks do. Applying a budgetary check and balance to the BCFP is the first step toward repairing a relationship 

with Congress that can best be described as uneven. 

Operating Plan.—The Committee directs the BCFP to submit an 

operating plan within 60 days of enactment of this Act. The plan 

shall also include how the BCFP plans to allocates resources, both 

funds and staff, by type of financial institution, financial product 

and service, and consumer. The plan will also compare the risks of 

each category with the resources allocated for it. 

Responsible Leadership Structure.—The Committee’s experience 

with the Federal Trade Commission, Securities and Exchange Commission, Federal Communications Commission, Consumer Product 

Safety Commission, and other Federal agencies with powers to protect consumers or investors leads it to conclude that a five-member 

commission is more suitable for guiding the BCFP than a single director. A commission ensures that multiple disciplines, experiences, 

and perspectives are brought to bear on the BCFP’s rules, policies, 

and enforcement actions. The appointment and removal process 

and staggered terms of the commissioners can provide both a check 

and balance and measure of continuity that single head cannot. 

The Committee strongly supports H.R. 1121 as ordered to be reported by the House Financial Services authorizing committee, 


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which replaces the BCFP’s director with a five-member commission. 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

Appropriation, fiscal year 2011 ......................................................... $29,641,000 

Budget request, fiscal year 2012 ....................................................... 29,855,000 

Recommended in the bill ................................................................... 29,641,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. – – – 

Budget request, fiscal year 2012 ................................................ ¥214,000 

The Office of Inspector General (OIG) provides agency-wide audit 

and investigative functions to identify and correct operational and 

administrative deficiencies that create conditions for fraud, waste, 

and mismanagement. The audit function provides contract, program, and financial statement audit services. Contract audits provide professional advice to agency contracting officials on accounting and financial matters relative to negotiation, award, administration, repricing, and settlement of contracts. Program audits review and evaluate all facets of agency operations. Financial statement audits assess whether financial statements fairly present the 

agency’s financial condition and results of operations, the adequacy 

of accounting controls, and compliance with laws and regulations. 

The investigative function provides for the detection and investigation of improper and illegal activities involving programs, personnel, and operations. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $29,641,000 for the OIG, which is the same as the fiscal year 2011 and $214,000 

less than the request. For the past decade, the OIG has had little 

time for program audits and investigations because the extraordinary rate of bank failures generated an extraordinary number of 

material loss reviews. Beginning in 2011, the number of material 

loss reviews should decline because the Dodd-Frank Wall Street 

Reform and Consumer Protection Act raised the threshold of a material loss review from $25 million in losses to $200 million in 

2011, to $150 million in 2012 and 2013, and $50 million thereafter. 

The Committee expects this change in workload to allow the OIG 

significantly more time for oversight of the Department’s programs, 

expenses, and practices. 

TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION

SALARIES AND EXPENSES

Appropriation, fiscal year 2011 ......................................................... $151,696,000 

Budget request, fiscal year 2012 ....................................................... 157,831,000 

Recommended in the bill ................................................................... 151,696,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. – – – 

Budget request, fiscal year 2012 ................................................ ¥6,135,000 

The Internal Revenue Service (IRS) Restructuring and Reform 

Act of 1998 established the Office of Treasury Inspector General for 

Tax Administration (TIGTA) and abolished the IRS Office of the 

Chief Inspector. TIGTA conducts audits, investigations, and evaluations to assess the operations and programs of the IRS and its reVerDate Mar 15 2010 04:06 Jul 08, 2011 Jkt 067238 PO 00000 Frm 00009 Fmt 6659 Sfmt 6602 E:\HR\OC\HR136.XXX HR136

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lated entities, the IRS Oversight Board, and the Office of Chief 

Counsel. The purpose of those audits and investigations is as follows: (1) to promote the economic, efficient, and effective administration of the Nation’s tax laws and to detect and deter fraud and 

abuse in IRS programs and operations; and (2) to recommend actions to resolve fraud and other serious problems, abuses, and deficiencies in these programs and operations. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $151,696,000 for 

the TIGTA, the same as fiscal year 2011 and $6,135,000 less than 

the request. 

The Committee appreciates TIGTA’s previous work on identity 

theft and encourages TIGTA to continue working on this issue by 

evaluating (1) whether the policies of the IRS Office of Privacy, Information Protection and Data Security are integrated into IRS’s 

division operations, (2) whether the IRS is keeping reliable records 

for quantifying the number of identity thefts, (3) whether the IRS 

is developing effective tools for detecting and preventing identity 

theft, and (4) whether the IRS is providing responsive and courteous victim assistance. 

Not later than 60 days after enactment of this Act, TIGTA shall 

submit a report to the House and Senate Committees on Appropriations on the extent to which IRS employees use tax preparation 

software or hire tax preparation professionals and how those rates 

compare to the general public. 

SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF

PROGRAM

SALARIES AND EXPENSES

Appropriation, fiscal year 2011 ......................................................... $36,227,000 

Budget request, fiscal year 2012 ....................................................... 47,374,000 

Recommended in the bill ................................................................... 41,801,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. +5,574,000 

Budget request, fiscal year 2012 ................................................ ¥5,573,000 

The Office of the Special Inspector General for the Troubled 

Asset Relief Program (SIGTARP) was established in the Emergency Economic Stabilization Act of 2008 (Public Law 110–343). Its 

mission is to conduct, supervise, and coordinate audits and investigations of the purchase, management, and sale of assets by the 

Secretary of the Treasury under programs established pursuant to 

the Troubled Asset Relief Program (TARP). 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $41,801,000 for 

operating expenses of the SIGTARP, which is $5,574,000 more than 

fiscal year 2011 and $5,573,000 less than the request. 

SIGTARP’s operating expenses were initially funded with mandatory appropriations in the TARP. These funds, however, were 

provided for a limited amount, decreasing over time. Therefore, in 

order to continue vigorous oversight of the outstanding TARP 

amounts, additional discretionary appropriations are provided. As 

TARP winds down, the Committee expects the request for discreVerDate Mar 15 2010 04:06 Jul 08, 2011 Jkt 067238 PO 00000 Frm 00010 Fmt 6659 Sfmt 6602 E:\HR\OC\HR136.XXX HR136

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tionary appropriations in this account to also wind down in future 

years. 

FINANCIAL CRIMES ENFORCEMENT NETWORK

SALARIES AND EXPENSES

Appropriation, fiscal year 2011 ......................................................... $110,788,000 

Budget request, fiscal year 2012 ....................................................... 84,297,000 

Recommended in the bill ................................................................... 110,788,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. – – – 

Budget request, fiscal year 2012 ................................................ +26,491,000 

The Financial Crimes Enforcement Network (FinCEN) is responsible for implementing Treasury’s anti-money laundering regulations through administration of the Bank Secrecy Act (BSA). It also 

serves as a U.S. Government source for the systematic collection 

and analysis of information to assist in the investigation of money 

laundering and other financial crimes. FinCEN supports law enforcement investigative efforts by Federal, State, local and international agencies, and fosters interagency and global cooperation 

against domestic and international financial crimes. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $110,788,000 for 

FinCEN, which is the same as fiscal year 2011 and $26,491,000 

more than the request. Of the amount provided, $20,000,000 is 

available until September 30, 2014. 

The recommended amount is intended to continue FinCEN’s 

multi-year effort to modernize its information technology systems 

and to ensure FinCEN’s information is accessible to the appropriate State and local law enforcement personnel, field representatives, and the intelligence community. The data compiled and analyzed by FinCEN is a critical tool used by law enforcement and the 

intelligence community for investigating, among other crimes, 

money laundering, mortgage fraud, drug cartels, and terrorist financing. The Committee is dismayed that the Administration proposed $3 million in reductions for State and local and intelligence 

community access to BSA information and rejects these reductions 

in their entirety. The Committee expects the Department and the 

Office of Management and Budget to continue to vigorously oversee 

the information technology modernization effort to ensure its success. 

TREASURY FORFEITURE FUND

(RESCISSION)

Appropriation, fiscal year 2011 ......................................................... ¥$400,000,000 

Budget request, fiscal year 2012 ....................................................... ¥600,000,000 

Recommended in the bill ................................................................... ¥630,000,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥230,000,000 

Budget request, fiscal year 2012 ................................................ ¥30,000,000 

The Committee recommends a rescission of $630,000,000 of unobligated balances in the Treasury Forfeiture Fund, which is 

$230,000,000 more than fiscal year 2011 and $30,000,000 more 

than the request. 


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The Committee appreciates the risks and dangers assumed by 

Internal Revenue Service and Homeland Security law enforcement 

agents to disrupt and dismantle criminal enterprises. One outcome 

of their successes is the exceptionally large forfeitures of property 

and assets in recent years. 

FINANCIAL MANAGEMENT SERVICE

SALARIES AND EXPENSES

Appropriation, fiscal year 2011 ......................................................... $232,786,000 

Budget request, fiscal year 2012 ....................................................... 218,805,000 

Recommended in the bill ................................................................... 216,617,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥16,169,000 

Budget request, fiscal year 2012 ................................................ ¥2,188,000 

The Financial Management Service (FMS) is the Federal government’s central financial agent, collecting all Federal revenue and 

disbursing all Federal payments. FMS also develops and implements reliable and efficient financial methods and systems to operate the government’s cash management, credit management, and 

debt collection programs in order to maintain government accounts 

and report on the status of the government’s finances. In addition, 

the FMS is the primary agency for collecting Federal non-tax debt 

owed to the government. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $216,617,000 for 

the FMS, which is $16,169,000 less than fiscal year 2011 and 

$2,188,000 less than the request. Of the funds provided, $4,120,000 

is available until September 30, 2014, for addressing information 

system modernization and $2,500 for official reception and representation expenses. 

The Committee notes that this funding reduction is attainable 

through a number of efficiency savings assumed in the request, 

such as paperless transactions, space and data consolidation, and 

the revaluation of new systems. The Committee appreciates the 

FMS’s self-discipline and economy. 

ALCOHOL AND TOBACCO TAX AND TRADE BUREAU

SALARIES AND EXPENSES

Appropriation, fiscal year 2011 ......................................................... $100,798,000 

Budget request, fiscal year 2012 ....................................................... 97,878,000 

Recommended in the bill ................................................................... 96,899,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥3,899,000 

Budget request, fiscal year 2012 ................................................ ¥979,000 

The Alcohol and Tobacco Tax and Trade Bureau (TTB) is responsible for the enforcement of laws designed to eliminate certain illicit activities and to regulate lawful activities relating to distilled 

spirits, beer, wine and nonbeverage alcohol products, and tobacco. 

TTB focuses on collecting revenue; reducing taxpayer burden and 

improving service while preventing diversion; and protecting the 

public and preventing consumer deception in certain regulated 

commodities. 


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COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $96,899,000 for 

the TTB, which is $3,899,000 less than fiscal year 2011 and 

$979,000 less than the request. Within the amount provided, the 

bill includes up to $6,000 for official reception and representation 

expenses and up to $50,000 for cooperative research and development programs, as requested. 

The Committee appreciates the Bureau’s restraint and resourcefulness. The recommended reduction is accomplished through the 

Bureau’s initiatives to simplify reporting requirements and reduce 

overhead and operations. 

UNITED STATES MINT

UNITED STATES MINT PUBLIC ENTERPRISE FUND

The United States Mint manufactures coins, receives deposits of 

gold and silver bullion, and safeguards the Federal Government’s 

holdings of monetary metals. In 1997, Congress established the 

United States Mint Public Enterprise Fund (Public Law 104–52), 

which authorized the Mint to use proceeds from the sale of coins 

to finance the costs of its operations and consolidated all existing 

Mint accounts into a single fund. Public Law 104–52 also provided 

that, in certain situations, the levels of capital investments for circulating coins and protective services shall factor into the decisions 

of the Congress. 

COMMITTEE RECOMMENDATION

The Committee recommends a spending level for capital investments by the Mint for circulating coinage and protective services 

of $20,000,000, which is $6,700,000 less than the fiscal year 2011 

and the same as the request. 

BUREAU OF THE PUBLIC DEBT

ADMINISTERING THE PUBLIC DEBT

Appropriation, fiscal year 2011 ......................................................... $184,635,000 

Budget request, fiscal year 2012 ....................................................... 173,635,000 

Recommended in the bill ................................................................... 171,979,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥12,656,000 

Budget request, fiscal year 2012 ................................................ ¥1,656,000 

The Bureau of the Public Debt is responsible for the conduct of 

all public debt operations and the promotion of the sale of U.S. securities. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $171,979,000 for 

Administering the Public Debt, which is $12,656,000 less than fiscal year 2011 and $1,656,000 less than the request. Of this 

amount, the Committee recommends $2,500 for official reception 

and representation expenses and $10,000,000 is available until 

September 30, 2013. Language is included that reduces the total 

amount by no more than $8,000,000 as definitive security issue 

fees and Treasury Direct Investor Account Maintenance fees are 


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collected, so as to result in a final fiscal year 2012 appropriation 

of $163,979,000. 

The Committee notes that the recommendation, which is below 

the fiscal year 2011 level and the request, is possible due to a number of efficiency savings assumed in the budget submission. The 

Committee is pleased with the Bureau’s earnest efforts to reduce 

costs through data center consolidation, paperless transactions, and 

decommissioning legacy systems. 

COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND

PROGRAM ACCOUNT

Appropriation fiscal year 2011 .......................................................... $226,546,000 

Budget request, fiscal year 2012 ....................................................... 227,259,000 

Recommended in the bill ................................................................... 183,000,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥43,546,000 

Budget request, fiscal year 2012 ................................................ ¥44,259,000 

The Community Development Financial Institutions (CDFI) 

Fund provides grants, loans, equity investments, and technical assistance, on a competitive basis, to new and existing CDFIs such 

as community development banks, community development credit 

unions, and housing and microenterprise loan funds. Recipients use 

the funds to support mortgage, small business and economic development lending in underserved and distressed neighborhoods and 

to support the availability of financial services in these neighborhoods. The Fund is also responsible for implementation of the New 

Markets Tax Credits. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $183,000,000 for 

the CDFI Fund program, which is $43,546,000 less than fiscal year 

2011 and $44,259,000 less than the request. Of the amounts provided, $22,965,000 is for the administrative expenses for all programs. The Committee recommends a set-aside of $12,000,000 for 

grants, loans, and technical assistance and training programs to 

benefit Native American, Alaskan Natives, and Native Hawaiian 

communities in the coordination of development strategies, increased access to equity investments, and loans for development activities. No funds are designated for either the Bank on USA or 

Healthy Food Financing Initiative programs. 

The Committee notes the strong support for the core CDFI financial and technical assistance and New Markets Tax Credits 

(NMTC) programs. The presence of these programs is especially 

evident in urban, metropolitan areas. The Committee directs the 

General Accountability Office to conduct a study on the concentration of CDFIs and NMTCs in urban areas and to comment on the 

extent that program design, administration, or history contributed 

to the early establishment of CDFIs in urban areas by April 2012. 

The Committee strongly encourages the CDFI Fund to continue 

to place a heavy emphasis on efforts related to affordable housing, 

business assistance, and community services such as child care, 

health care, education, and job training rather than creating specialized programs, initiatives, or other variations of financial and 

technical assistance. The Committee includes language to require 


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the Department to demonstrate the effectiveness of any such assistance in meeting the findings in the Riegle Act. 

The Committee requires more detailed information on how the 

Healthy Food Financing Initiative, which was implemented in 

2011, was executed and if providing financing for private investment is the best approach to increase the consumption of targeted 

foods. Therefore, the Department of Treasury is directed to provide 

the Committee with a report by May 2012 outlining how this program was administered, including the specific criteria and processes that were used to make grant awards. The report shall also 

address why this is a better approach, both for the taxpayer and 

the underserved, than other alternative programs such as food assistance programs. 

INTERNAL REVENUE SERVICE

TAXPAYER SERVICES

Appropriations, fiscal year 2011 ....................................................... $2,274,272,000 

Budget request, fiscal year 2012 ....................................................... 2,345,133,000 

Recommended in the bill ................................................................... 2,165,756,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥108,516,000 

Budget request, fiscal year 2012 ................................................ ¥179,377,000 

The Taxpayer Services appropriation provides for taxpayer services, including forms and publications; processing tax returns and 

related documents; filing and account services; taxpayer advocacy 

services; and assisting taxpayers to understand their tax obligations, correctly file their returns, and pay taxes due in a timely 

manner. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $2,165,756,000 for Taxpayer Services, which is $108,516,000 less than fiscal year 

2011 and $179,377,000 less than the request. The Committee 

adopts the Administration’s proposed funding request for the taxpayer services grant programs with the exception of Volunteer Income Tax Assistance (VITA) grants and instead recommends an 

amount $4,000,000 more than the request. As such, the bill provides not less than $5,100,000 for Tax Counseling for the Elderly 

grants, provides not less than $9,500,000 for low-income taxpayer 

clinic grants, and not less than $12,000,000 for VITA grants. In addition, the Committee recommends not less than $200,000,000 for 

operating expenses of the Taxpayer Advocate Service. 

The Committee recommends moving the Health Insurance Tax 

Credit Administration (HITCA) appropriation into the Taxpayer 

Service appropriations and provides not less than $15,481,000 for 

expenses necessary to administer the tax credit included in Title II 

of Division A of Public Law 107–210, the Trade Act of 2002. 

Pre-Filled or ‘‘Simple’’ Tax Returns.—The Committee appreciated 

the Commissioner’s March 2011 testimony and the assurances that 

the IRS is not developing a pre-filled or ‘‘simple’’ tax return program. The Committee believes that converting a voluntary compliance system to a bill presentment model would represent a significant change in the relationship between taxpayers and their government. The simple return model would also strain IRS resources 


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and the data retrieval systems required would create new burdens 

on employers, particularly small businesses. In addition, a fundamental conflict of interest seems to be inherent in the nation’s tax 

collector and compliance enforcer taking on the simultaneous role 

of tax preparer and financial advisor. The Committee expects that 

the IRS will not begin work on a simple tax return pilot program 

or associated systems without first seeking specific authorization 

and appropriations from Congress, and should instead focus on 

helping Congress and the Administration achieve real tax simplification and reform. 

ENFORCEMENT

Appropriation, fiscal year 2011 ......................................................... $5,492,992,000 

Budget request, fiscal year 2012 ....................................................... 5,966,619,000 

Recommended in the bill ................................................................... 5,226,603,000 

Bill compared with:.

Appropriation, fiscal year 2011 .................................................. ¥266,389,000 

Budget request, fiscal year 2012 ................................................ ¥740,016,000 

The Enforcement appropriation provides for the examination of 

tax returns, both domestic and international; the administrative 

and judicial settlement of taxpayer appeals of examination findings; technical rulings; monitoring employee pension plans; determining qualifications of organizations seeking tax-exempt status; 

examining tax returns of exempt organizations; enforcing statutes 

relating to detection and investigation of criminal violations of the 

internal revenue laws; identifying underreporting of tax obligations; securing unfiled tax returns; and collecting unpaid accounts. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $5,226,603,000 

for Enforcement, which is $266,389,000 less than fiscal year 2011 

and $740,016,000 less than the request. Of the funds provided, the 

Committee recommends not less than $60,257,000 to support IRS 

activities under the Interagency Crime and Drug Enforcement program. 

Refundable Tax Credits and Improper Payments.—Refundable 

tax credits, such as the Earned Income Tax Credit (EITC) ($56 billion in outlays in fiscal year 2011), Child Tax Credit ($24 billion 

in outlays in fiscal year 2011), and upcoming Healthcare Premium 

Assistance Credit ($44 billion in outlays in fiscal year 2016), are 

among the government’s largest transfers of wealth. Consequently, 

these programs tempt many individuals to make fraudulent claims 

or to invent tax scams, or worse, lead innocent taxpayers to make 

mistakes due to the complexity of the programs. Regardless, the resulting improper payments add to the government’s debt while reducing its credibility. 

The recent experience of the multiple homebuyer tax credits and 

the persistent rate improper payments in the EITC program weigh 

heavily on the Committee. The Committee supports the multiple efforts within Treasury and IRS to reduce improper payments. The 

Committee directs the IRS to submit a report within 180 days of 

enactment of this Act on actions taken to reduce improper payments in the last year and to plans to further reduce improper payments in the future in the area of refundable tax credits. 


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Healthcare.—The Committee includes two new administrative 

provisions, Sections 105 and 106, related to implementation of the 

healthcare reform act. The healthcare reform act represents the 

largest set of tax law changes in over 20 years with more than 40 

provisions that amend the tax code. Most of the tax provisions become effective in 2014, but some provisions went into effect immediately upon enactment, such as the small business health care tax 

credit, the qualifying therapeutic discovery credit, and the expanded adoption credit. During fiscal years 2010 and 2011, the Department of Health and Human Services allocated an estimated 

$60,000,000 to IRS for healthcare implementation without the 

Committee’s knowledge. The Committee prohibits further such 

transfers. 

The Committee also prohibits the IRS from using funds in this 

Act to verify that individuals have healthcare coverage and impose 

penalties on those who do not. Legally requiring Americans to buy 

health insurance violates the basic principles of freedom and individual choice. No American should be forced to buy or purchase 

health insurance they neither want nor can afford. The Federal 

government has never made the purchase of a good or service a 

condition for being a law-abiding citizen. 

Regulation of Paid Tax Preparers.—The Committee commends 

the IRS for its initiative to register, test, and require continuing 

education credits from paid tax preparers. The vast majority of 

paid preparers are well-informed and law abiding, and as Government Accountability Office has reported, inaccuracies on preparers’ 

returns are not necessarily the fault of the preparer. Yet, as the 

IRS Taxpayer Advocate has noted, a growing amount of qualitative 

research identifies significant preparer misconduct, including misconduct that would potentially trigger the IRS to impose civil or 

criminal penalties. All preparers are subject to some oversight, but 

it varies greatly depending on their professional affiliations and the 

jurisdiction in which they practice. The use of paid preparers has 

grown steadily in recent decades to approximately 60 percent. The 

Committee encourages the IRS to keep the Committee updated on 

the work the IRS is doing in this area. 

Historic Preservation Easements.—The Committee has heard 

complaints from taxpayers about the Internal Revenue Service’s 

(IRS) administration of laws related to the charitable tax deduction 

for the donation of preservation easements on certified historic 

structures. The Committee understands that easement donations 

are difficult to value and the IRS must be vigilant against tax 

abuse. Nonetheless, the 2009 IRS Advisory Council Report offered 

six recommendations for a fair and expeditious resolution of these 

issues. Recognizing the controversy surrounding this issue, the 

Committee calls upon the IRS to review its policies related to the 

historical easement deduction and report to the Committee on its 

process for implementing the Council’s recommendations within 90 

days of enactment of this Act. 


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OPERATIONS SUPPORT

Appropriation, fiscal year 2011 ......................................................... $4,075,716,000 

Budget request, fiscal year 2012 ....................................................... 4,620,526,000 

Recommended in the bill ................................................................... 3,793,379,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥282,337,000 

Budget request, fiscal year 2012 ................................................ ¥827,147,000 

The Operations Support appropriation provides for overall planning and direction of the IRS, including shared service support related to facilities services, rent payments, printing, postage, and security. Specific activities include headquarters management activities such as strategic planning, communications and liaison, finance, human resources, Equal Employment Opportunity and diversity, research, information technology, and telecommunications. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $3,793,379,000 

for Operations Support, which is $282,337,000 less than fiscal year 

2011 and $827,147,000 less than the request. Of the funds provided, not less than $2,000,000 is for the IRS Oversight Board and 

$25,000 is for official reception and representation expenses. 

Information Security.—The Committee has previously expressed 

concerns about the findings of GAO and TIGTA showing that the 

IRS continues to have information security vulnerabilities. Since 

the IRS possesses sensitive taxpayer information for more than 140 

million individual taxpayers, the importance of ensuring effective 

security of information systems at the IRS cannot be overstated. In 

a matter related to information security, the Committee notes that 

identity theft is growing with regards to tax fraud. In these cases, 

taxpayers, who are otherwise complying with their tax obligations, 

have their refunds delayed and are drawn unwittingly into the IRS 

examination process. The IRS must report to the Committee within 

30 days of enactment of this Act on the number of taxpayers who 

have had their tax return rejected because their Social Security 

number was improperly used by another individual to commit tax 

fraud. The report shall include the average time to resolve the situation and provide innocent taxpayers with their refund, when a refund is due. In addition, the report shall provide the number of 

these cases which were not resolved within 45 days and discuss the 

actions the IRS plans to take to expedite resolution for these taxpayers and to prevent similar identity theft issues from taking 

place in the future. 

BUSINESS SYSTEMS MODERNIZATION

Appropriation, fiscal year 2011 ......................................................... $263,369,000 

Budget request, fiscal year 2012 ....................................................... 333,600,000 

Recommended in the bill ................................................................... 330,000,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. +66,631,000 

Budget request, fiscal year 2012 ................................................ ¥3,600,000 

The Business Systems Modernization (BSM) appropriation provides funding to modernize key business systems of the Internal 

Revenue Service. 


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COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $330,000,000 for 

BSM, which is $66,631,000 more than fiscal year 2011 and 

$3,600,000 less than the request. Consistent with previous years, 

the release of the funds, with the exception of funding for labor 

costs, is subject to the approval by the Committees on Appropriations of a GAO-reviewed expenditure plan. 

IRS’s information technology is frozen in the 1960’s. IRS still relies, in part, on magnetic tapes, uploaded on a weekly basis, to 

process returns. IRS is keenly aware that overdue notices cross 

paths with checks in the mail and that IRS’s delayed reactions aggrieve taxpayers. Currently, IRS systems are written in COBOL, a 

programming language created in 1958. The customer account data 

engine (CADE2) will move IRS into a mix of COBOL and C++, 

which is a language created in 1979. After CADE2 is launched in 

January 2012, IRS will begin re-writing its applications into Java, 

which was released in 1995 and is among the most popular programming languages in use today. 

The current weekly data uploads mean that IRS staff has seven 

days, or 168 hours, to take actions or make corrections. By contrast, under CADE2, daily data uploads mean that IRS staff will 

have 24 hours to take action or make corrections. IRS staff and the 

offices that support them will have to act faster than they have before. CADE2 will not only accelerate the rate of tax return processing, but will also increase IRS staff productivity and satisfaction. The ‘‘green screens’’ that IRS staff currently work with will 

eventually migrate into contemporary drop-down menus. 

The Committee recognizes that the IRS has made progress in implementing BSM milestones. The IRS is currently working on its 

CADE2 program, to allow 140 million individual account records to 

be stored in a modern database that has the capability to update 

taxpayer account information on a daily basis. 

At the same time, the Committee notes that while successes have 

been achieved, other challenges remain, such as preparing and 

training staff and revising operating procedures in anticipation of 

CADE2. The Committee expects strong IRS efforts at improvement 

in all of these problem areas and looks forward to continued 

progress in the overall BSM effort. 

ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE SERVICE

(INCLUDING TRANSFER OF FUNDS)

Section 103. The Committee continues a provision that allows for 

the transfer of five percent (three percent in the case of Enforcement) of any appropriation made available to the IRS to any other 

IRS appropriation, upon the advance approval of the Committees 

on Appropriations. 

Section 104. The Committee continues a provision that requires 

the IRS to maintain a training program in taxpayer rights, dealing 

courteously with taxpayers, and cross-cultural relations. 

Section 105. The Committee modifies a provision that requires 

the IRS to institute and enforce policies and procedures that will 

safeguard the confidentiality of taxpayer information to include 

protection against identity theft. 


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Section 106. The Committee continues a provision that makes 

funds available for improved facilities and increased staffing to provide efficient and effective 1–800 number help line service for taxpayers. 

Section 107. The Committee includes a new provision prohibiting 

funds made available in this Act to implement the individual mandate in the healthcare reform act. 

Section 108. The Committee includes a new provision prohibiting 

funds made available in the healthcare reform act from being 

transferred to the IRS for implementing the healthcare reform act. 

Section 109. The Committee includes a new provision requiring 

monthly reports from the Secretary about a proposed regulation. 

The Committee understands the government’s need to increase 

transparency and to eliminate cross-border tax evasion. However, 

the Committee is concerned that regulations proposed by the 

Treasury Department may result in the flight of foreign capital 

from U.S. banks as well as jeopardize the safety of certain foreign 

nationals. These regulations would require all banks to file informational returns with the Internal Revenue Service about interest 

income earned on accounts owned by all foreigners. According to 

the Commerce Department, foreigners have $10.6 trillion passively 

invested in the American economy, including nearly $3.6 trillion reported by U.S. banks and securities brokers. Banks stand to lose 

billions of dollars in foreign investment because many of their customers would rather withdraw their funds and close their accounts 

than be subjected to the possible disclosure of their ownership of 

their U.S. accounts to their home country. Many of these customers 

have concerns and fears about crime and security in their home 

country and either distrust their governments or financial institutions. 

ADMINISTRATIVE PROVISIONS—DEPARTMENT OF THE TREASURY

(INCLUDING TRANSFER OF FUNDS)

Section 110. The Committee continues a provision that allows 

the Department to employ experts and consultants, with or without 

compensation. 

Section 111. The Committee continues a provision that authorizes transfers, up to two percent, between ‘‘Departmental Offices— 

Salaries and Expenses’’, ‘‘Office of Terrorism and Financial Intelligence’’, ‘‘Office of Inspector General’’, ‘‘Financial Management 

Service’’, ‘‘Alcohol and Tobacco Tax and Trade Bureau’’, ‘‘Financial 

Crimes Enforcement Network’’, and the ‘‘Bureau of the Public 

Debt’’ appropriations under certain circumstances. 

Section 112. The Committee continues a provision that authorizes transfers, up to two percent, between the Internal Revenue 

Service and the Treasury Inspector General for Tax Administration 

under certain circumstances. 

Section 113. The Committee continues a provision limiting funds 

for the purchase of law enforcement vehicles unless the purchase 

is consistent with vehicle management principles. 

Section 114. The Committee continues a provision that prohibits 

the Department of the Treasury from undertaking a redesign of the 

one dollar Federal Reserve note. 


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Section 115. The Committee continues a provision that provides 

for transfers from and reimbursements to ‘‘Financial Management 

Service, Salaries and Expenses’’ for the purposes of debt collection. 

Section 116. The Committee continues a provision extending the 

pay demonstration program. 

Section 117. The Committee continues a provision that requires 

congressional approval for the construction and operation of a museum by the United States Mint. 

Section 118. The Committee continues a provision prohibiting 

funds in this or any other Act from being used to merge the Mint 

and the Bureau of Engraving and Printing without the approval of 

the House and Senate Committees of jurisdiction. 

Section 119. The Committee includes a provision deeming that 

funds for the Department of the Treasury’s intelligence-related activities are specifically authorized in fiscal year 2012 until enactment of the Intelligence Authorization Act for fiscal year 2012. 

Section 120. The Committee continues a provision permitting the Bureau of Engraving and Printing to use $5,000 from the Industrial Revolving Fund for reception and representation expenses. 

Section 121. The Committee includes a new provision that allows 

currency paper contracts to exceed a period of four years as requested by the Administration. 

Section 122. The Committee includes a new provision as requested by the Administration that requires persons who exchange 

$10,000 or more in mutilated cash with the Bureau of Engraving 

and Printing to also report their taxpayer identification number. 

Section 123. The Committee includes a new provision as requested by the Administration that allows the Financial Crimes 

Enforcement Network to share more information with their foreign 

counterparts. 

Section 124. The Committee includes a new provision as requested by the Administration that subjects additional individuals 

to disclosure prohibitions with regards to Financial Crimes Enforcement Network activities. 

Section 125. The Committee includes a new provision as requested by the Administration that prohibits States from disclosing 

Financial Crimes Enforcement Network information on State 

websites. 

Section 126. The Dodd-Frank Wall Street Reform and Consumer 

Protection Act created the Office of Financial Research (OFR) to 

support the Financial Stability Oversight Council by collecting financial data and analyzing market activities. After receiving start 

up funding from the Federal Reserve, OFR has the authority to 

charge assessments to financial institutions to fund its operating 

costs. The Dodd-Frank legislation does not provide for any Congressional review in the operations or funding level of this Office. The 

Committee believes that neither OFR nor any other agency should 

have an unchecked ability to charge fees and obligate funding for 

administrative expenses. Therefore, the Committee has included 

language limiting OFR’s obligations to $64,468,000 during fiscal 

year 2012. 

Section 127. The Office of Financial Stability (OFS) administers 

the Troubled Assets Relief Program for the Department of Treasury. The Emergency Economic Stabilization Act provides unlimited 

appropriations for the administrative costs of OFS. The Committee 


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does not believe that agencies should have unlimited spending authority for administrative expenses. In addition, section 129 terminates the Home Affordable Modification Program which should dramatically reduce OFS costs. Therefore, the Committee has included 

a new provision that limits the obligations of the OFS to 

$200,000,000 for fiscal year 2012. 

Section 128. The Committee includes a new provision that gives 

the Financial Crimes Enforcement Network access to a small number of reports of cash payments over $10,000 received in a trade 

or business that currently are only filed with the Internal Revenue 

Service in instances in which bail is posted in cash. 

Section 129. The Committee includes a new provision that terminates the unsuccessful Home Affordable Modification Program 

(HAMP). The Special Inspector General for TARP testified to the 

Financial Services Authorizing Committee that HAMP ‘‘benefits 

only a small portion of distressed homeowners, offers others little 

more than false hope, and in certain cases causes more harm than 

good.’’ The Committee believes it is critical to stop wasting taxpayer funding on this program. 

TITLE II—EXECUTIVE OFFICE OF THE PRESIDENT AND 

FUNDS APPROPRIATED TO THE PRESIDENT 

Funds appropriated in this title provide for the staff and operations of the White House, along with other organizations within 

the Executive Office of the President (EOP) which formulate and 

coordinate policy on behalf of the President such as the National 

Security Council and the Office of Management and Budget. The 

title also includes the Office of National Drug Control Policy and 

certain expenses of the Vice President. 

The Committee recommends a total appropriation of 

$639,553,000 for this title which is $65,692,000 less than the fiscal 

year 2011 level and $99,784,000 less than the request. The Committee is disappointed that the Administration’s request did not 

propose additional reductions for the EOP. The Committee believes 

that the chief executive of any organization experiencing a fiscal 

crisis should share in the funding sacrifice along with the rest of 

the organization. Therefore, the Committee has reduced the Salaries and Expenses appropriation for each organization under this 

heading. 

THE WHITE HOUSE

SALARIES AND EXPENSES

Appropriation, fiscal year 2011 ......................................................... $58,435,000 

Budget request, fiscal year 2012 ....................................................... 58,374,000 

Recommended in the bill ................................................................... 55,513,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥2,922,000 

Budget request, fiscal year 2012 ................................................ ¥2,861,000 

The White House Salaries and Expenses account supports staff 

and administrative services necessary for the direct support of the 

President. 


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COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $55,513,000 for the White House, which is $2,922,000 less than fiscal year 2011 

and $2,861,000 less than the request. The recommendation includes sufficient funds to support the Office of National AIDS Policy. 

EXECUTIVE RESIDENCE AT THE WHITE HOUSE

OPERATING EXPENSES

Appropriation, fiscal year 2011 ......................................................... $13,673,000 

Budget request, fiscal year 2012 ....................................................... 13,658,000 

Recommended in the bill ................................................................... 12,989,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥684,000 

Budget request, fiscal year 2012 ................................................ ¥669,000 

These funds provide for the care, maintenance, and operation of 

the Executive Residence, including official and ceremonial functions of the President. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $12,989,000 for 

the operating expenses of the Executive Residence, which is 

$684,000 less than fiscal year 2011 and $669,000 less than the request. The bill continues the same restrictions on reimbursable expenses for use of the Executive Residence as were included in past 

years. 

WHITE HOUSE REPAIR AND RESTORATION

Appropriation, fiscal year 2011 ......................................................... $2,001,000 

Budget request, fiscal year 2012 ....................................................... 1,000,000 

Recommended in the bill ................................................................... 1,000,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥1,001,000 

Budget request, fiscal year 2012 ................................................ – – – 

Funding in this account provides for the repair, alteration, and 

improvement of the Executive Residence at the White House. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $1,000,000 for White House Repair and Restoration, which is $1,001,000 less than 

fiscal year 2011 and the same as the request. 

COUNCIL OF ECONOMIC ADVISERS

SALARIES AND EXPENSES

Appropriation, fiscal year 2011 ......................................................... $4,192,000 

Budget request, fiscal year 2012 ....................................................... 4,403,000 

Recommended in the bill ................................................................... 3,982,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥210,000 

Budget request, fiscal year 2012 ................................................ ¥421,000 

The Council of Economic Advisers analyzes the national economy 

and its various segments, advises the President on economic developments, recommends policies for economic growth and stability, 

appraises economic programs and policies of the Federal governVerDate Mar 15 2010 04:06 Jul 08, 2011 Jkt 067238 PO 00000 Frm 00023 Fmt 6659 Sfmt 6602 E:\HR\OC\HR136.XXX HR136

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ment, and assists in preparation of the annual Economic Report of 

the President. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $3,982,000 for the Council of Economic Advisers, which is $210,000 less than the 

fiscal year 2011 level and $421,000 less than the request. 

NATIONAL SECURITY COUNCIL AND HOMELAND SECURITY COUNCIL

SALARIES AND EXPENSES

Appropriation, fiscal year 2011 ......................................................... $13,048,000 

Budget request, fiscal year 2012 ....................................................... 13,074,000 

Recommended in the bill ................................................................... 12,396,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥652,000 

Budget request, fiscal year 2012 ................................................ ¥678,000 

The National Security Council and the Homeland Security Council have been combined to form the National Security Staff which 

advises and assists the President in the integration of domestic, 

foreign, military, intelligence, and economic aspects of national security policy, and serves as the principal means of coordinating executive departments and agencies in the development and implementation of national security and homeland security policies. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $12,396,000 for 

the National Security Council and Homeland Security Council, 

which is $652,000 less than fiscal year 2011 and $678,000 less than 

the request. 

OFFICE OF ADMINISTRATION

SALARIES AND EXPENSES

Appropriation, fiscal year 2011 ......................................................... $115,049,000 

Budget request, fiscal year 2012 ....................................................... 115,848,000 

Recommended in the bill ................................................................... 109,297,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥5,752,000 

Budget request, fiscal year 2012 ................................................ ¥6,551,000 

The Office of Administration is responsible for providing administrative services to the Executive Office of the President. These 

services include financial, personnel, procurement, information 

technology, records management, and general office services. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $109,297,000 for 

the Office of Administration, which is $5,752,000 less than fiscal 

year 2011 and $6,551,000 less than the request. Of the recommended amount, $10,670,000 is available until expended for 

modernization of the information technology infrastructure within 

the Executive Office of the President. 

The Office of Administration is directed to provide an annual report to the Committee at the same time the President’s budget is 

submitted to Congress, detailing its progress on information technology modernization, including the amounts obligated and exVerDate Mar 15 2010 04:06 Jul 08, 2011 Jkt 067238 PO 00000 Frm 00024 Fmt 6659 Sfmt 6602 E:\HR\OC\HR136.XXX HR136

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pended (and for what purposes), specific milestones achieved, and 

requirements and specific plans for further investment. 

OFFICE OF MANAGEMENT AND BUDGET

SALARIES AND EXPENSES

Appropriation, fiscal year 2011 ......................................................... $91,750,000 

Budget request, fiscal year 2012 ....................................................... 91,660,000 

Recommended in the bill ................................................................... 82,575,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥9,175,000 

Budget request, fiscal year 2012 ................................................ ¥9,085,000 

The Office of Management and Budget (OMB) assists the President in the discharge of budgetary, economic, management, and 

other executive responsibilities. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $82,575,000 for 

OMB, which is $9,175,000 less than fiscal year 2011 and 

$9,085,000 less than the request. The recommendation also continues several long-standing provisos, not requested by the President, limiting certain OMB activities. 

The Committee believes it is essential for Federal departments 

and agencies to find and implement efficiencies in their operations 

in order to be successful in setting and meeting performance goals 

and reducing wasteful spending. The Committee believes that use 

of successful business management techniques including but not 

limited to continuous process improvement methods can improve 

the utilization of resources. The Committee encourages OMB and 

Federal agencies to use them. 

In light of increased efforts to identify government-wide efficiencies and properly anticipate the cost of major infrastructure 

projects, the Committee instructs OMB to examine and revise Circular A–94 as necessary and appropriate to improve the guidance 

provided to agencies in conducting benefit-cost analysis. The Committee expects OMB’s review and modernization of Circular A–94 

to emphasize the importance of incorporating life-cycle cost analysis. Moreover, this analysis should be as accurate, complete and 

reflective of the real costs and lifespans of materials as possible, including the use of material-specific discount rates and maintenance 

scheduled cost. OMB is directed to report to the Committee within 

180 days of enactment of this Act on the status of reviewing Circular A–94. 

The Committee directs OMB to provide a spend plan for the Office of the Intellectual Property Enforcement Coordinator (IPEC) 

within 60 days of enactment of this Act. The spend plan shall include details on the budgetary requriements necessary to ensure 

IPEC can carry out its statutory mission. 


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OFFICE OF NATIONAL DRUG CONTROL POLICY

SALARIES AND EXPENSES

Appropriation, fiscal year 2011 ......................................................... $27,084,000 

Budget request, fiscal year 2012 ....................................................... 23,413,000 

Recommended in the bill ................................................................... 23,000,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥4,084,000 

Budget request, fiscal year 2012 ................................................ ¥413,000 

The Office of National Drug Control Policy (ONDCP) was established by the Anti-Drug Abuse Act of 1988 and most recently reauthorized in 2006. The Office is the President’s primary source of 

support for counter-drug policy development and program oversight. Its responsibilities include developing and updating a National Drug Control Strategy, developing a National Drug Control 

Budget, and coordinating and evaluating the implementation of 

Federal drug control activities. 

In addition, ONDCP manages several counter-drug programs 

which are discussed under the ‘‘Federal Drug Control Programs’’ 

heading below. These include the High Intensity Drug Trafficking 

Areas program and Drug-Free Communities grants. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $23,000,000 for 

ONDCP salaries and expenses, $4,084,000 less than fiscal year 

2011 and $413,000 less than the request. Of the amount appropriated, $250,000 is for policy research and evaluation, the same as 

the budget request. 

The recommended level is lower than fiscal year 2011 and the request because ONDCP activities are either reprioritized or eliminated. The combination of these efforts reduces the need for personnel and other resources funded under the salaries and expenses 

account to manage ONDCP’s activities. The Committee expects 

ONDCP to focus resources on the counter-drug policy development, 

coordination and evaluation functions which are the primary mission of the Office and the original reason for its existence. 

FEDERAL DRUG CONTROL PROGRAMS

The Committee is recommending a significant change in funding 

levels for several Federal drug control programs managed by 

ONDCP, based on evaluations and assessments of relative effectiveness. No appropriation is provided for the anti-drug media campaign and related activities. Instead, resources are redirected to restore funding for the High-Intensity Drug Trafficking Areas Program to the fiscal year 2011 level. 

HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

(INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2011 ......................................................... $238,522,000 

Budget request, fiscal year 2012 ....................................................... 200,000,000 

Recommended in the bill ................................................................... 238,522,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. – – – 

Budget request, fiscal year 2012 ................................................ +38,522,000 


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The High Intensity Drug Trafficking Areas (HIDTA) Program 

provides resources to Federal and State, local, and tribal agencies 

in designated HIDTAs to combat the production, transportation 

and distribution of illegal drugs; to seize assets derived from drug 

trafficking; to address violence in drug-plagued communities; and 

to disrupt the drug marketplace. 

Currently, 28 HIDTAs operate in 45 States plus the District of 

Columbia, Puerto Rico, and the Virgin Islands. Each HIDTA is 

managed by an Executive Board composed of equal numbers of 

Federal, State, local or tribal officials. Each HIDTA Executive 

Board is responsible for designing and implementing initiatives for 

the specific drug trafficking threats in its region. Intelligence and 

information sharing are key elements of all HIDTA programs. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $238,522,000 for 

the HIDTA Program, the same as the fiscal year 2011 level and 

$38,522,000 more than the request. The Committee believes that 

the HIDTA program has demonstrated its effectiveness and can 

serve as an important tool in combating problems of drug trafficking and drug-related violence. 

The Committee includes language requiring that existing 

HIDTAs receive funding at least equal to the fiscal year 2011 base 

allocation level unless the Director submits a justification for doing 

otherwise to the Committees on Appropriations, based on clearly 

articulated priorities and published performance measures. 

The recommendation includes language directing ONDCP to notify the Committees on Appropriations of the initial allocation of 

HIDTA funds not later than 45 days after enactment, and to notify 

the Committees of the proposed use of discretionary funds not later 

than 90 days after enactment. The language directs the ONDCP 

Director to work in consultation with the HIDTA Directors in determining the uses of that discretionary funding. 

Finally, the Committee recommendation specifies that up to 

$2,700,000 may be used for auditing services and related activities. 

OTHER FEDERAL DRUG CONTROL PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2011 ......................................................... $140,618,000 

Budget request, fiscal year 2012 ....................................................... 143,600,000 

Recommended in the bill ................................................................... 101,978,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥38,640,000 

Budget request, fiscal year 2012 ................................................ ¥41,622,000 

This account supports a variety of other drug control activities 

managed or undertaken by ONDCP. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $101,978,000 for 

Other Federal Drug Control Programs, which is $38,640,000 less 

than fiscal year 2011 and $41,622,000 less than the request. The 

recommended level for fiscal year 2012 is distributed among specific programs and activities as follows: 


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Drug-Free Communities .................................................................... $88,600,000 

Media and outreach activities ........................................................... – – – 

Anti-Doping activities ........................................................................ 8,982,000 

World Anti-Doping Agency dues ....................................................... 1,896,000 

Discretionary grants ........................................................................... 2,500,000 

Within the total for the account, the Committee recommends 

$88,600,000 for the Drug-Free Communities program, $6,210,000 

less than fiscal year 2011 and the same as the request. This program makes grants of up to $125,000 per year to support local coalitions to develop and implement community-based plans to reduce 

drug abuse among youth. These coalitions are required to include 

participants from a wide range of interests, including local government agencies, schools, the media, service organizations, law enforcement, parents, youth, and the business community. Local 

matching contributions are required. Grants are awarded on a competitive basis, and may be renewed for up to five years, after which 

time the coalition must compete again for any further funding. 

Within this account, the Committee recommends no funding for media and outreach, rather than the $34,930,000 appropriated in 

fiscal year 2011 or the $45,000,000 included in the request for the 

National Youth Anti-Drug Media Campaign. While the goals of this 

program are laudable, the Committee’s recommendation is guided 

by the results of evaluations of the media campaign which indicate 

that its effectiveness has been limited. The Committee directs resources where they are likely to do the most good, and thus recommends an increase above the request for the High-Intensity 

Drug Trafficking Areas program which the Committee believes is 

a better use of scarce funds. 

Additionally, the Committee includes $2,500,000 for ONDCP for 

a competitive discretionary grant program to implement programs 

authorized by the Office of National Drug Control Policy Reauthorization Act of 2006 (Public Law 109–469). 

INTEGRATED, EFFICIENT AND EFFECTIVE USES OF INFORMATION

TECHNOLOGY

(INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2011 ......................................................... $– – – 

Budget request, fiscal year 2012 ....................................................... 60,000,000 

Recommended in the bill ................................................................... 5,000,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. +5,000,000 

Budget request, fiscal year 2012 ................................................ ¥55,000,000 

These funds support efforts to improve the Federal Government’s 

investments in information technology (IT). 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $5,000,000 for 

this new appropriation account managed by the Office of Management and Budget. The recommendation is $55,000,000 less than 

the request. 

The Committee appreciates the Administration’s efforts to improve program and contract management of IT investments as well 

as the Administration’s efforts to utilize cloud computing and consolidate data centers. However, much more needs to be done to improve the management of the Federal government’s 


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$80,000,000,000 annual investment in IT. The recommendation 

only provides $5,000,000 of the amount requested because the 

Committee is wary that providing additional funding for this program will result in real budget savings. In order to better understand the results of the Administration’s IT reform efforts and the 

savings generated, bill language is included requiring the submission of monthly reports on savings identified by fiscal year, agency 

and appropriation. This information will not only inform the Committee on the results of OMB’s IT reforms but will also inform the 

Committee’s decisions on funding IT projects in agencies across the 

Federal government. 

SPECIAL ASSISTANCE TO THE PRESIDENT

SALARIES AND EXPENSES

Appropriation, fiscal year 2011 ......................................................... $4,549,000 

Budget request, fiscal year 2012 ....................................................... 4,328,000 

Recommended in the bill ................................................................... 4,322,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥227,000 

Budget request, fiscal year 2012 ................................................ ¥6,000 

These funds support the executive functions of the Office of the 

Vice President. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $4,322,000 for 

the Office of the Vice President, which is $227,000 less than fiscal 

year 2011 and $6,000 less than the request. 

OFFICIAL RESIDENCE OF THE VICE PRESIDENT

OPERATING EXPENSES

(INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2011 ......................................................... $326,000 

Budget request, fiscal year 2012 ....................................................... 307,000 

Recommended in the bill ................................................................... 307,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥19,000 

Budget request, fiscal year 2012 ................................................ – – – 

These funds support the care and operation of the Vice President’s residence and specifically support equipment, furnishings, 

dining facilities, and services required to perform and discharge the 

Vice President’s official duties, functions and obligations. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $307,000 for the 

Operating Expenses of the Vice President’s residence, which is 

$19,000 less than fiscal year 2011 and the same as the request. 

ADMINISTRATIVE PROVISIONS—EXECUTIVE OFFICE OF THE

PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT

(INCLUDING TRANSFER OF FUNDS AND RESCISSION)

Section 201. The Committee continues language permitting the 

transfer of not to exceed ten percent of funds between various acVerDate Mar 15 2010 04:06 Jul 08, 2011 Jkt 067238 PO 00000 Frm 00029 Fmt 6659 Sfmt 6602 E:\HR\OC\HR136.XXX HR136

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counts within the Executive Office of the President, after notifying 

the Committees on Appropriations at least 15 days in advance. 

Section 202. The Committee includes new language rescinding 

$11,328,000 in unobligated prior year balances from the 

Counterdrug Technology Assessment Center. This rescission was 

proposed in the budget request. 

Section 203. The Committee includes new language prohibiting 

funds to prepare, sign or approve statements abrogating legislation 

passed by the House of Representatives and the Senate and signed 

by the President. 

Section 204. The Committee includes new language requiring the 

Director of the Office of Management and Budget to submit quarterly reports to the Committee on the implementation of Executive 

Order 13563 relating to improving regulation and regulatory review. 

Section 205. The Committee includes new language requiring the 

Director of the Office of Management and Budget to report on the 

costs of implementing the Dodd-Frank Wall Street Reform and 

Consumer Protection Act (Public Law 111–203). 

TITLE III—THE JUDICIARY 

The funds recommended by the Committee in title III of the accompanying bill are for the operation and maintenance of United 

States Courts and include the salaries of judges, probation and pretrial services officers, public defenders, court clerks, law clerks, and 

other supporting personnel, as well as security costs, information 

technology, and other expenses of the Federal Judiciary. 

The Committee recommends a total of $6,326,318,000 in discretionary funding for the Judiciary in fiscal year 2012, which is 

$151,256,000 less than fiscal year 2011 and $529,729,000 less than 

the request. The Committee recognizes that the number of cases 

filed and the number of persons under supervision is not under the 

control of the Judiciary. However, the Committee believes the Judiciary needs to continue its cost containment efforts and identify 

ways to reduce staffing, travel, space and other financial requirements through the use of technology and best practices. 

In addition to direct appropriations, the Judiciary collects various 

fees and has certain multiyear funding authorities. The Judiciary 

uses these non-appropriated funds to offset its direct appropriation 

requirements. Consistent with prior year practices and section 608 

of this Act, the Committee expects the Judiciary to submit a financial plan, within 60 days of enactment of this Act, allocating all 

sources of available funds including appropriations, fee collections, 

and carryover balances. This financial plan will be the baseline for 

purposes of reprogramming notification. The Committee notes that 

a bill language section included in prior years requiring a Judiciary 

financial plan was dropped as it is redundant to the requirement 

established in section 608. 


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SUPREME COURT OF THE UNITED STATES

SALARIES AND EXPENSES

Appropriation, fiscal year 2011 ......................................................... $73,921,000 

Budget request, fiscal year 2012 ....................................................... 75,551,000 

Recommended in the bill ................................................................... 74,819,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. +898,000 

Budget request, fiscal year 2012 ................................................ ¥732,000 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $74,819,000 for 

fiscal year 2012 for the salaries and expenses of personnel and the 

cost of operating the Supreme Court, excluding the care of the 

building and grounds. The recommendation is $898,000 more than 

fiscal year 2011 and is $732,000 less than the request. The increased funding provided above the fiscal year 2011 level is for 

twelve additional police officers requested by the Court to meet security requirements. 

The Committee continues to include bill language making $2,000,000 available until expended for the purpose of making information technology investments. The Committee requests that 

the Court include an annual report with its budget justification 

materials, showing information technology carryover balances and 

describing expenditures made in the previous fiscal year and 

planned expenditures in the budget year. 

CARE OF THE BUILDING AND GROUNDS

Appropriation, fiscal year 2011 ......................................................... $8,159,000 

Budget request, fiscal year 2012 ....................................................... 8,504,000 

Recommended in the bill ................................................................... 8,159,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. – – – 

Budget request, fiscal year 2012 ................................................ ¥345,000 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $8,159,000 for 

fiscal year 2012, to remain available until expended, for personnel 

and other services relating to the structural and mechanical care 

of the Supreme Court building and grounds. The Architect of the 

Capitol has responsibility for these functions and supervises the 

use of this appropriation. The recommendation is equal to fiscal 

year 2011 and $345,000 less than the request. 

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

SALARIES AND EXPENSES

Appropriation, fiscal year 2011 ......................................................... $32,511,000 

Budget request, fiscal year 2012 ....................................................... 35,139,000 

Recommended in the bill ................................................................... 31,472,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥1,039,000 

Budget request, fiscal year 2012 ................................................ ¥3,667,000 

COMMITTEE RECOMMENDATION

The Court of Appeals for the Federal Circuit has exclusive national jurisdiction over a large number of diverse subject areas, inVerDate Mar 15 2010 04:06 Jul 08, 2011 Jkt 067238 PO 00000 Frm 00031 Fmt 6659 Sfmt 6602 E:\HR\OC\HR136.XXX HR136

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cluding government contracts, patents, trademarks, Federal personnel, and veterans’ benefits. The Committee recommends an appropriation of $31,472,000 for fiscal year 2012, which is $1,039,000 

less than fiscal year 2011 and $3,667,000 less than the request. 

UNITED STATES COURT OF INTERNATIONAL TRADE

SALARIES AND EXPENSES

Appropriation, fiscal year 2011 ......................................................... $21,447,000 

Budget request, fiscal year 2012 ....................................................... 22,891,000 

Recommended in the bill ................................................................... 20,628,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥819,000 

Budget request, fiscal year 2012 ................................................ ¥2,263,000 

COMMITTEE RECOMMENDATION

The Court of International Trade has exclusive nationwide jurisdiction of civil actions against the United States and certain civil 

actions brought by the United States, arising out of import transactions and administration and enforcement of the Federal customs 

and international trade laws. The Committee recommends an appropriation of $20,628,000 for fiscal year 2012, which is $819,000 

less than fiscal year 2011 and $2,263,000 less than the request. 

COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL

SERVICES

SALARIES AND EXPENSES

Appropriation, fiscal year 2011 ......................................................... $5,004,221,000 

Budget request, fiscal year 2012 ....................................................... 5,236,166,000 

Recommended in the bill ................................................................... 4,790,855,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥213,366,000 

Budget request, fiscal year 2012 ................................................ ¥445,311,000 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $4,790,855,000 

for the operations of the regional courts of appeals, district courts, 

bankruptcy courts, the Court of Federal Claims, and probation and 

pretrial services offices. The recommendation is $213,366,000 less 

than fiscal year 2011 and $445,311,000 less than the request. 

The Committee understands that the Judiciary’s staffing, operations and maintenance, and information technology resources are 

allocated to the courts according to formulas that are approved by 

the Judicial Conference of the United States and equitably distribute resources based on the workload of each district. The Committee believes this is the optimal method of making such allocations and expects the Judiciary to continue to allocate its resources 

using this system. The Committee also expects the Administrative 

Office to periodically update the formulas to ensure their accuracy. 

VACCINE INJURY COMPENSATION TRUST FUND

Appropriation, fiscal year 2011 ......................................................... $4,775,000 

Budget request, fiscal year 2012 ....................................................... 5,011,000 

Recommended in the bill ................................................................... 4,775,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. – – – 

Budget request, fiscal year 2012 ................................................ ¥236,000 


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COMMITTEE RECOMMENDATION

The Committee recommends a reimbursement of $4,775,000 for 

fiscal year 2012 from the Vaccine Injury Compensation Trust Fund 

to cover expenses of the United State Court of Federal Claims associated with processing cases under the National Childhood Vaccine 

Injury Act of 1986. This amount is the same as fiscal year 2011 

and $236,000 less than the request. 

DEFENDER SERVICES

Appropriation, fiscal year 2011 ......................................................... $1,025,693,000 

Budget request, fiscal year 2012 ....................................................... 1,098,745,000 

Recommended in the bill ................................................................... 1,050,000,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. +24,307,000 

Budget request, fiscal year 2012 ................................................ ¥48,745,000 

COMMITTEE RECOMMENDATION

This account provides funding for the operation of the Federal 

Public Defender and Community Defender organizations and for 

compensation and reimbursement of expenses of panel attorneys 

appointed pursuant to the Criminal Justice Act for representation 

in criminal cases. The Committee recommends an appropriation of 

$1,050,000,000 for fiscal year 2012 which is $24,307,000 more than 

fiscal year 2011 and $48,745,000 less than the request. The recommendation does not provide an increase in the hourly panel attorney pay rate. 

The sixth amendment to the Constitution provides for the right 

to counsel for those who can not afford it. This is a very important 

Constitutional protection. The Committee understands that the 

costs associated with this program are driven by: (1) the hourly 

rate paid to panel attorneys, which has grown substantially in the 

years prior to fiscal year 2011; (2) the costs of operating Federal 

defender organizations; and (3) the number of defendants and case 

complexity. The appropriation for this account has grown from 

$709,830,000 in fiscal year 2006 to a request of $1,098,745,000 in 

fiscal year 2012, more than a 50 percent increase. While the Committee believes that attorneys must be adequately compensated 

and defendants must be competently represented, the rapid rate of 

increase to this program cannot continue indefinitely. The Judiciary has had some success in recent years implementing cost control 

measures in other Judiciary programs. The Judicial Conference 

must find ways to substantially reduce the level of resources proposed in future years for the Defender Services program. The Committee expects the fiscal year 2013 budget request to identify significant savings in this program. 

FEES OF JURORS AND COMMISSIONERS

Appropriation, fiscal year 2011 ......................................................... $52,305,000 

Budget request, fiscal year 2012 ....................................................... 59,727,000 

Recommended in the bill ................................................................... 57,305,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. +5,000,000 

Budget request, fiscal year 2012 ................................................ ¥2,422,000 


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COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $57,305,000 for 

payments to jurors, which is $5,000,000 more than fiscal year 2011 

and $2,422,000 less than the request. 

COURT SECURITY

(INCLUDING TRANSFERS OF FUNDS)

Appropriation, fiscal year 2011 ......................................................... $466,672,000 

Budget request, fiscal year 2012 ....................................................... 513,058,000 

Recommended in the bill ................................................................... 500,000,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. +33,328,000 

Budget request, fiscal year 2012 ................................................ ¥13,058,000 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $500,000,000 for 

Court Security in fiscal year 2012 to provide for necessary expenses 

of security and protective services in courtrooms and adjacent 

areas. This is $33,328,000 more than fiscal year 2011 and 

$13,058,000 less than the request. 

The recommended increase over fiscal year 2011 will provide for 

additional court security officers and equipment to address the 

highest priority security needs identified by the courts and the U.S. 

Marshals Service. 

The Committee is aware of significant security deficiencies that 

exist in many older courthouses which in the past have only been 

corrected by constructing a new facility. Given the current fiscal 

climate, the cost of constructing new facilities to address these security concerns is in many cases too expensive. As a more cost effective way to address these security concerns, the Committee has 

included $20,000,000 in the General Services Administration’s Federal Buildings Fund specifically for security alterations to courthouses. The Committee directs the Judiciary to work collaboratively with the General Services Administration and the U.S. 

Marshals Service to identify and fund cost effective security solutions to ensure the safety of court staff and the public. 

ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS

SALARIES AND EXPENSES

Appropriation, fiscal year 2011 ......................................................... $82,909,000 

Budget request, fiscal year 2012 ....................................................... 88,455,000 

Recommended in the bill ................................................................... 80,007,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥2,902,000 

Budget request, fiscal year 2012 ................................................ ¥8,448,000 

COMMITTEE RECOMMENDATION

The Administrative Office of the United States Courts (AO) provides administrative and management support to the United States 

Courts, including the probation and bankruptcy systems. It also 

supports the Judicial Conference of the United States in determining Federal Judiciary policies, in developing methods to assist 

the courts to conduct business efficiently and economically, and in 

enhancing the use of information technology in the courts. The 


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Committee recommends an appropriation of $80,007,000 for the 

AO, which is $2,902,000 less than fiscal year 2011 and $8,448,000 

less than the request. 

FEDERAL JUDICIAL CENTER

SALARIES AND EXPENSES

Appropriation, fiscal year 2011 ......................................................... $27,273,000 

Budget request, fiscal year 2012 ....................................................... 29,029,000 

Recommended in the bill ................................................................... 26,318,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥955,000 

Budget request, fiscal year 2012 ................................................ ¥2,711,000 

COMMITTEE RECOMMENDATION

The Federal Judicial Center (FJC) improves the management of 

Federal Judicial dockets and court administration through education for judges and staff, and research, evaluation, and planning 

assistance for the courts and the Judicial Conference. The Committee recommends an appropriation of $26,318,000 for the FJC for 

fiscal year 2012, which is $955,000 less than fiscal year 2011 and 

$2,711,000 less than the request. 

UNITED STATES SENTENCING COMMISSION

SALARIES AND EXPENSES

Appropriation, fiscal year 2011 ......................................................... $16,803,000 

Budget request, fiscal year 2012 ....................................................... 17,906,000 

Recommended in the bill ................................................................... 16,215,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥588,000 

Budget request, fiscal year 2012 ................................................ ¥1,691,000 

COMMITTEE RECOMMENDATION

The purpose of the Commission is to establish, review, and revise 

sentencing guidelines, policies, and practices for the Federal criminal justice system. The Commission is also required to monitor the 

operation of the guidelines and to identify and report necessary 

changes to the Congress. The Committee recommends $16,215,000 

for the Commission for fiscal year 2012, which is $588,000 less 

than fiscal year 2011 and $1,691,000 less than the request. 

ADMINISTRATIVE PROVISIONS—THE JUDICIARY

(INCLUDING TRANSFER OF FUNDS AND RESCISSION)

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 

2012 to be transferred between Judiciary appropriations accounts 

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 


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and shall not be available for obligation or expenditure except in 

compliance with the procedures set forth in those sections. 

Section 303. The Committee continues language authorizing not 

to exceed $11,000 to be used for official reception and representation expenses incurred by the Judicial Conference of the United 

States. 

Section 304. The Committee continues language enabling the Judiciary to contract for repairs under $100,000. 

Section 305. The Committee continues language to authorize a 

court security pilot program. 

Section 306. The Committee continues language extending a temporary judgeship in Kansas. 

Section 307. The Committee includes language rescinding 

$100,000 of prior year unobligated balances from the United States 

Sentencing Commission. 

Section 308. The Committee includes new language requiring the 

President submit to Congress, without change, proposed supplemental appropriations submitted to the President by the legislative 

branch and the judicial branch. 

TITLE IV—DISTRICT OF COLUMBIA 

FEDERAL FUNDS

FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

Appropriation, fiscal year 2011 ......................................................... $35,030,000 

Budget request, fiscal year 2012 ....................................................... 35,100,000 

Recommended in the bill ................................................................... 30,000,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥5,030,000 

Budget request, fiscal year 2012 ................................................ ¥5,100,000 

The Resident Tuition Support program was created by the District of Columbia College Access Act of 1999 to provide District college-bound students the opportunity to expand their higher education choices. The program receives its funding through a Federal 

appropriation which is deposited into a dedicated account under 

the control of the District of Columbia Chief Financial Officer. This 

program awards grants up to $10,000 annually for undergraduate 

District students to attend eligible four-year public universities and 

colleges nationwide at in-state tuition rates. Grants up to $2,500 

per year are available for students to attend private institutions in 

the D.C. metropolitan area as well as public two-year community 

colleges. 

COMMITTEE RECOMMENDATION

The Committee recommends a Federal payment of $30,000,000 

for the resident tuition support program, which is $5,030,000 less 

than fiscal year 2011 and $5,100,000 less than the request. The 

funding recommendation, along with unobligated prior year balances, is sufficient to fully fund the program’s proposed expenditure plan. 


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FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS

IN THE DISTRICT OF COLUMBIA

Appropriation, fiscal year 2011 ......................................................... $14,970,000 

Budget request, fiscal year 2012 ....................................................... 14,900,000 

Recommended in the bill ................................................................... 14,900,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥70,000 

Budget request, fiscal year 2012 ................................................ – – – 

As the seat of the national government, the District of Columbia 

has a unique and significant responsibility for protecting the property and personnel of the Federal government. The Federal Payment for Emergency Planning and Security Costs is provided to 

help address the impact of the Federal presence on public safety 

in the District of Columbia. 

COMMITTEE RECOMMENDATION

The Committee recommends a Federal payment of $14,900,000 

for emergency planning and security costs, which is $70,000 less 

than fiscal year 2011 and the same as the request. 

The Committee continues to require a detailed justification be 

submitted with the budget request each year, as well as a report 

detailing any deviation from the plan outlined in the justification 

no later than 60 days after the end of the fiscal year. 

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS

Appropriation, fiscal year 2011 ......................................................... $242,933,000 

Budget request, fiscal year 2012 ....................................................... 229,068,000 

Recommended in the bill ................................................................... 224,394,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥18,539,000 

Budget request, fiscal year 2012 ................................................ ¥4,674,000 

COMMITTEE RECOMMENDATION

The Committee recommends a Federal payment of $224,394,000 

for operation of the District of Columbia Courts, which is 

$18,539,000 less than fiscal year 2011 and $4,674,000 less than the 

request. This amount includes $11,998,000 for the Court of Appeals, $109,307,000 for the Superior Court, $64,984,000 for the 

Court System, and $38,105,000 for capital improvements to courthouse facilities. 

The recommended level includes funding at the fiscal year 2011 

level for the Court of Appeals and the Court System accounts. For 

the Superior Court, the Committee recommendation includes a 

$1,000,000 increase above fiscal year 2011 levels to meet pressing 

public safety needs. The recommendation does not continue bill 

language from prior years requiring the Court to use the General 

Services Administration for payroll and financial services. Under 

the Defender Services in the District of Columbia Courts account, 

new language permits the transfer of funds from the Defender 

Services to the District of Columbia Courts Capital Improvements 

account as requested. This will provide up to an additional 

$10,000,000 for improvements to courthouse facilities. 


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FEDERAL PAYMENT FOR DEFENDER SERVICES IN THE DISTRICT OF

COLUMBIA COURTS

Appropriation, fiscal year 2011 ......................................................... $54,890,000 

Budget request, fiscal year 2012 ....................................................... 55,000,000 

Recommended in the bill ................................................................... 54,890,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. – – – 

Budget request, fiscal year 2012 ................................................ ¥110,000 

COMMITTEE RECOMMENDATION

(INCLUDING TRANSFER OF FUNDS)

The Committee recommends $54,890,000 for Defender Services 

in District of Columbia Courts, which is the same as fiscal year 

2011 and $110,000 less than the request. The Committee includes 

new language permitting the transfer of up to $10,000,000 to the 

District of Columbia Courts for capital improvements of courthouse 

facilities. 

FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER

SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA

Appropriation, fiscal year 2011 ......................................................... $211,983,000 

Budget request, fiscal year 2012 ....................................................... 216,846,000 

Recommended in the bill ................................................................... 212,983,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. +1,000,000 

Budget request, fiscal year 2012 ................................................ ¥3,863,000 

COMMITTEE RECOMMENDATION

The Committee recommends a Federal payment of $212,983,000 

for the Court Services and Offender Supervision Agency, which is 

$1,000,000 more than fiscal year 2011 and $3,863,000 less than the 

request. Of the amounts provided, $153,548,000 is for Community 

Supervision and Sex Offender Registration and $59,435,000 is for 

the Pretrial Services Agency (PSA). 

The recommended level includes funding at the fiscal year 2011 

level for the Community Supervision and Sex Offender Registration. For the PSA, the Committee includes $1,000,000 more than 

fiscal year 2011 for the relocation of the Forensic Toxicology and 

Drug Testing Laboratory. 

FEDERAL PAYMENT TO THE PUBLIC DEFENDER SERVICE FOR THE

DISTRICT OF COLUMBIA

Appropriation, fiscal year 2011 ......................................................... $37,241,000 

Budget request, fiscal year 2012 ....................................................... 41,486,000 

Recommended in the bill ................................................................... 37,241,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. – – – 

Budget request, fiscal year 2012 ................................................ ¥4,245,000 

COMMITTEE RECOMMENDATION

The Committee recommends a Federal payment of $37,241,000 

for the Public Defender Service for the District of Columbia, which 

is the same as fiscal year 2011 and $4,245,000 less than the request. 


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FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING

COUNCIL

Appropriation, fiscal year 2011 ......................................................... $1,796,000 

Budget request, fiscal year 2012 ....................................................... 1,800,000 

Recommended in the bill ................................................................... 1,796,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. – – – 

Budget request, fiscal year 2012 ................................................ ¥4,000 

The Criminal Justice Coordinating Council (CCJC) provides a 

forum for District of Columbia and Federal law enforcement to 

identify criminal justice issues and solutions, and improve the coordination of their efforts. In addition, the CCJC had developed 

and maintains the Justice Integrated Information System which 

provides for the seamless sharing of information with Federal and 

local law enforcement. 

COMMITTEE RECOMMENDATION

The Committee recommends a Federal payment of $1,796,000 to 

the CJCC, which is the same as fiscal year 2011 and $4,000 less 

than the request. Similar to prior years, the Committee directs the 

CJCC to submit performance measures in an annual report. 

FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS

Appropriation, fiscal year 2011 ......................................................... $499,000 

Budget request, fiscal year 2012 ....................................................... 500,000 

Recommended in the bill ................................................................... 499,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. – – – 

Budget request, fiscal year 2012 ................................................ ¥1,000 

The account provides funding for the two judicial commissions. 

The first is the Judicial Nomination Commission (JNC) which recommends a panel of three candidates to the President for each judicial vacancy in the District of Columbia Court of Appeals and Superior Court. From the panel selected by the JNC, the President 

nominates a person for each vacancy and submits their name for 

confirmation to the Senate. The second commission is the Commission on Judicial Disabilities and Tenure (CJDT) which has jurisdiction over all judges of the Court of Appeals and Superior Court to 

determine whether a judge’s conduct warrants disciplinary action 

and whether involuntary retirement of a judge for health reasons 

is warranted. In addition, the CJDT conducts evaluations of judges 

seeking reappointment and judges who retire and wish to continue 

service as a senior judge. 

COMMITTEE RECOMMENDATION

The Committee recommends a Federal payment of $294,000 for 

the Commission on Judicial Disabilities and Tenure, and $205,000 

for the Judicial Nomination Commission. This is the same as fiscal 

year 2011 and $1,000 less than the request. 


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FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT

Appropriation, fiscal year 2011 ......................................................... $77,545,000 

Budget request, fiscal year 2012 ....................................................... 67,000,000 

Recommended in the bill ................................................................... 60,000,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥17,545,000 

Budget request, fiscal year 2012 ................................................ ¥7,000,000 

As authorized by the Scholarships for Opportunity and Results 

Act, this account provides an equal amount of funding to District 

of Columbia Public Schools, Public Charter Schools and Opportunity Scholarships. 

COMMITTEE RECOMMENDATION

The Committee recommends a Federal payment of $60,000,000, 

the authorized amount, for school improvement. This amount is 

$17,545,000 less than fiscal year 2011 and $7,000,000 less than the 

request. 

FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA NATIONAL GUARD

Appropriation, fiscal year 2011 ......................................................... $375,000 

Budget request, fiscal year 2012 ....................................................... 2,000,000 

Recommended in the bill ................................................................... 375,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. – – – 

Budget request, fiscal year 2012 ................................................ ¥1,625,000 

COMMITTEE RECOMMENDATION

The Committee recommends a Federal payment of $375,000, 

which is the same as fiscal year 2011 and $1,625,000 less than the 

request. 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. The Committee’s 

recommendation includes $375,000 for the Major General David F. 

Wherley, Jr. District of Columbia National Guard Retention and 

College Access Program to pay the costs of a tuition assistance program for guard members who are non-District residents. 

DISTRICT OF COLUMBIA FUNDS

This bill provides local funds for the operation of the District of 

Columbia as approved by the District of Columbia Council and the 

Mayor. 

TITLE V—INDEPENDENT AGENCIES 

ADMINISTRATIVE CONFERENCE OF THE UNITED STATES

SALARIES AND EXPENSES

Appropriation, fiscal year 2011 ......................................................... $2,744,000 

Budget request, fiscal year 2012 ....................................................... 3,200,000 

Recommended in the bill ................................................................... 2,608,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥136,000 

Budget request, fiscal year 2012 ................................................ ¥592,000 

The Administrative Conference of the United States (ACUS) is 

an independent agency and advisory committee which was created 


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to study administrative processes in order to recommend improvements to Congress and Federal agencies. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $2,608,000 for 

ACUS, which is $136,000 less than fiscal year 2011 and $592,000 

less than the request. After a 15-year hiatus, ACUS resumed operations in April 2010 upon the confirmation of the Chairman by the 

Senate. Funding provided will enable ACUS to fund, supervise, and 

review a full program of research projects with the aim of improving the fairness and effectiveness of procedures by which Federal 

agencies administer regulatory, benefit, and other government programs. 

CONSUMER PRODUCT SAFETY COMMISSION

SALARIES AND EXPENSES

Appropriation, fiscal year 2011 ......................................................... $114,788,000 

Budget request, fiscal year 2012 ....................................................... 122,000,000 

Recommended in the bill ................................................................... 111,288,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥3,500,000 

Budget request, fiscal year 2012 ................................................ ¥10,712,000 

The Consumer Product Safety Act established the Consumer 

Product Safety Commission (CPSC), an independent Federal regulatory agency, to reduce the risk of injury associated with consumer 

products. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $111,288,000 for the CPSC for fiscal year 2012, which is $3,500,000 less than fiscal 

year 2011 and $10,712,000 less than the request. 

The Committee has strong concerns regarding the consumer 

product complaint database required by the Consumer Product 

Safety Improvement Act of 2008. The Committee believes that the 

construction of this database is flawed and, therefore, is of little 

value to consumers and manufacturers. While the intent of the 

database is to protect consumers from harm, the information required to submit an incident report of harm through the database 

is insufficient. Additional information is needed to improve the accuracy and reliability of the database. The Committee believes the 

$3,000,000 annual investment in the database would be more effectively spent elsewhere and has included language in section 622 

prohibiting funds from being spent on this database. The fiscal 

year 2011 year-long continuing resolution requires the Government 

Accountability Office (GAO) to conduct an analysis of the database. 

The Committee hopes the CPSC will implement any GAO recommendations and improve the reliability of the information provided. If the CPSC takes sufficient actions to improve the database, 

the Committee will reconsider the funding prohibition. 

The Committee believes that implementation of the Consumer 

Product Safety Improvement Act of 2008 (CPSIA) law has been 

both non-risk-based and expensive for the CPSC, and in some 

cases, onerous and costly to manufacturers. The CPSC should focus 

its resources where they can make the most impact for consumers, 


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which are in the areas of risk assessment and enforcement. The 

Committee includes section 624 requiring GAO to conduct a quantitative and qualitative cost benefit analysis of the CPSIA. 

The Committee has included section 630 prohibiting the implementation of Section 101(b) of the CPSIA as it relates to lead in 

off-highway vehicles. The Committee believes that Section 101(b) 

calls for non-risk based testing and content requirements. The 

Committee notes that the Commission currently has a stay on 

these requirements; however, the Committee remains concerned 

about the impact this mandate would have on children should the 

Commission’s stay expire at the end of the current year. The Committee believes that should the stay on both lead testing and content expire, children are more likely to be hurt due to use of adult 

off-highway vehicles than due to lead exposure found in components of these vehicles, such as valve stems and battery cables. 

The Committee supports the Import Safety Initiative which positions CPSC investigators at key ports of entry in order to stop defective products from entering the United States. The CPSC’s coordination with U.S. Customs and Border Protection (CBP) is a 

cost efficient way to increase enforcement capabilities at our borders and the Committee believes that resources in this area are 

being spent in a targeted and effective way. The Committee notes 

that most of the CPSC’s product recalls in recent years have been 

imported products and once products are in the marketplace, it is 

often difficult to recall them. By targeting products prior to purchase, the Commission is making an impact in an area that will 

substantially protect consumers. The Committee urges CPSC to 

continue its efforts in working with CBP to ensure the safety of imported products. 

The Committee is also supportive of the CPSC’s efforts in establishing a regional office in China. Many of the consumer products 

that Americans use every day come from China, and the CPSC’s 

efforts to establish a presence in this region, along with efforts at 

our ports, suggests increased effectiveness in stemming the flow of 

defective and harmful products coming in from overseas. 

The Committee recommends $500,000 be available until September 30, 2013, for the pool and spa safety grants program established by the Virginia Graeme Baker Pool and Spa Safety Act. In 

addition, the Committee directs the CPSC to continue its successful 

pool and spa safety information campaign. 

ELECTION ASSISTANCE COMMISSION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2011 ......................................................... $16,267,000 

Budget request, fiscal year 2012 ....................................................... 13,716,000 

Recommended in the bill ................................................................... 6,858,000 

Bill compared with:.

Appropriation, fiscal year 2011 .................................................. ¥9,409,000 

Budget request, fiscal year 2012 ................................................ ¥6,858,000 

The Election Assistance Commission (EAC) was established by 

the Help America Vote Act of 2002 (HAVA) and is charged with implementing provisions of that Act relating to the reform of Federal 

election administration. 


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COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $6,858,000 for EAC salaries and expenses, which is $9,409,000 less than fiscal 

year 2011 and $6,858,000 less than the request. The recommendation also provides for the transfer of $1,625,000 to the National Institute of Standards and Technology for election reform activities, 

which is $1,825,000 less than the transfer in fiscal year 2011 and 

$1,625,000 less than the request. The Committee also recommends 

$1,500,000 for the Office of Inspector General for the Election Assistance Commission. 

The Committee believes that while the request is less than fiscal 

year 2011, it does not go far enough in realizing efficiencies within 

the EAC. The EAC is close to the end of distributing all of the Section 251 Requirements grant payments under HAVA and no additional election reform grant funding is provided this year that requires administration. The Committee remains concerned that the 

EAC’s operating costs are too high. The Commission’s fiscal year 

2012 requested amount for management expenses is 40 percent 

higher than the requested amount for grants programs to be managed. The Committee believes there are efficiencies yet to be realized within the Commission’s administrative operations. 

The Committee notes that the National Association of Secretaries 

of State (NASS) has once more adopted a resolution encouraging 

dissolving the EAC. The Committee finds this especially concerning 

as NASS is the constituency that the EAC should be serving most. 

The Committee believes it is possible that the EAC has outgrown 

its utility in this area. While the Committee strongly supports the 

successful administration of Federal elections, it has significant 

concerns about the effectiveness of the EAC in this regard. 

FEDERAL COMMUNICATIONS COMMISSION

SALARIES AND EXPENSES

Appropriation, fiscal year 2011 ......................................................... $335,794,000 

Budget request, fiscal year 2012 ....................................................... 358,801,000 

Recommended in the bill ................................................................... 319,004,000 

Bill compared with:.

Appropriation, fiscal year 2011 .................................................. ¥16,790,000 

Budget request, fiscal year 2012 ................................................ ¥39,797,000 

The mission of the Federal Communications Commission (FCC) 

is to implement the Communications Act of 1934 and assure the 

availability of high quality communications services for all Americans. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $319,004,000 for 

the salaries and expenses of the FCC for fiscal year 2012, all of 

which is to be derived from offsetting collections. This level is 

$16,790,000 less than fiscal year 2011 and $39,797,000 less than 

the request. 

The Committee recommendation includes bill language, similar 

to that included in previous Appropriations Acts, which allows: (1) 

up to $4,000 for official reception and representation expenses; (2) 

purchase and hire of motor vehicles; (3) special counsel fees; (4) collection of $319,004,000 in section 9 fees; (5) a prohibition on 


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amounts collected in excess of $319,004,000 from being available 

for obligation; (6) a prohibition on remaining offsetting collections 

from prior years from being available for obligation; and (7) retention of $85,000,000 of proceeds from the use of a competitive bidding system. 

The Committee remains concerned with the Commission’s decision to begin regulating the Internet, specifically the precedent that 

this decision sets and its impact on future innovation. Therefore, 

the Committee has included section 621 to prohibit funds for implementation of the Commission’s net neutrality order. 

The Committee is aware of concerns related to possible interference to Global Positioning System (GPS) devices due to terrestrial broadband service. The Committee remains engaged on this 

issue and awaits the final report by the Technical Working Group. 

The Committee believes that FCC involvement in cybersecurity 

should not result in regulations or activities that duplicate or contradict the multi-agency cybersecurity mitigation and response efforts being lead by the Departments of Defense and Homeland Security. 

The Committee understands the FCC is promulgating a rule to 

address abuses in intercarrier compensation related to the modernization of the Universal Service Fund. The Committee recognizes the important service that local exchange carriers provide to 

rural America and encourages the Commission to maintain a reasonable intercarrier compensation system for rural local exchange 

carriers. 

The Committee is concerned about the disparity in access to 

broadband between Puerto Rico and the 50 states. Recent studies 

have found that only 31–37 percent of residents of Puerto Rico 

have adopted broadband measured at the lowest speed tracked by 

the Commission. The Committee encourages the Commission to implement policies that increase broadband accessibility and adoption 

in Puerto Rico. 

The Committee notes that the FCC has not completed its 4-year 

proceeding to improve the carriage complaint process for independent channels, including expedited review, as mandated by 

statute. The Committee urges the FCC to promptly complete this 

proceeding to provide an effective complaint process for independent channels. 

The advancement of wireless broadband technology has had a 

significant and beneficial impact on both consumers and businesses. However, in order for it to reach its full potential, consumers and businesses must be assured that wireless broadband 

systems are secure and sensitive data are not vulnerable to intentional or unintentional capture. The FCC is directed to report to 

the Committee within 180 days of enactment of this Act on its activities to deter, prevent and investigate allegations of privacy violations regarding the use of wireless broadband networks. The 

Committee expects the Commission to vigorously and expeditiously 

investigate such violations. 


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FEDERAL DEPOSIT INSURANCE CORPORATION

OFFICE OF THE INSPECTOR GENERAL

Appropriation, fiscal year 2011 ......................................................... $42,942,000 

Budget request, fiscal year 2012 ....................................................... 45,261,000 

Recommended in the bill ................................................................... 45,261,000 

Bill compared with:.

Appropriation, fiscal year 2011 .................................................. +2,319,000 

Budget request, fiscal year 2012 ................................................ – – – 

Funding for the Office of the Inspector General (OIG) at the Federal Deposit Insurance Corporation (FDIC) is provided pursuant to 

31 U.S.C. 1105(a)(25), which requires a separate appropriation account for appropriations for each Office of Inspector General established under section 11(2) of the Inspector General Act of 1978. 

COMMITTEE RECOMMENDATION

The Committee recommends $45,261,000 from the Deposit Insurance Fund and the Federal Savings and Loan Insurance Corporation (FSLIC) Resolution Fund to finance the OIG for fiscal year 

2012, which is $2,319,000 more than fiscal year 2011 and the same 

as the request. The increase is provided to enable the OIG to oversee workload associated with the increase in bank failures, the increase in resolution and receivership activity, and new FDIC programs and activities established in response to the downturn in the 

economy that impact the Deposit Insurance Fund. 

FEDERAL ELECTION COMMISSION

SALARIES AND EXPENSES

Appropriation, fiscal year 2011 ......................................................... $66,367,000 

Budget request, fiscal year 2012 ....................................................... 67,014,000 

Recommended in the bill ................................................................... 66,367,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. – – – 

Budget request, fiscal year 2012 ................................................ ¥647,000 

The Federal Election Commission (FEC) administers the disclosure of campaign finance information, enforces limitations on contributions and expenditures, and performs other tasks related to 

Federal elections. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $66,367,000 for the FEC, the same as fiscal year 2011 and $647,000 less than the 

request. 

FEDERAL LABOR RELATIONS AUTHORITY

SALARIES AND EXPENSES

Appropriation, fiscal year 2011 ......................................................... $24,723,000 

Budget request, fiscal year 2012 ....................................................... 26,440,000 

Recommended in the bill ................................................................... 24,105,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥618,000 

Budget request, fiscal year 2012 ................................................ ¥2,335,000 

Established by title VII of the Civil Service Reform Act of 1978, 

the Federal Labor Relations Authority (FLRA) serves as a neutral 


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arbiter in the labor activities of non-postal Federal employees, Departments and agencies, and Federal unions on matters outlined in 

the Act, including collective bargaining and the settlement of disputes. Establishment of the FLRA gives full recognition to the role 

of the Federal Government as an employer. Under the Foreign 

Service Act of 1980, the FLRA also addresses similar issues affecting Foreign Service personnel by providing full staff support for the 

Foreign Service Impasse Disputes Panel and the Foreign Service 

Labor Relations Board. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $24,105,000 for 

the FLRA, which is $618,000 less than fiscal year 2011 and 

$2,335,000 less than the request. 

FEDERAL TRADE COMMISSION

SALARIES AND EXPENSES

Appropriation, fiscal year 2011 ......................................................... $291,363,000 

Budget request, fiscal year 2012 ....................................................... 326,000,000 

Recommended in the bill ................................................................... 284,067,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥7,296,000 

Budget request, fiscal year 2012 ................................................ ¥41,933,000 

The mission of the Federal Trade Commission (FTC) is to enforce 

a variety of Federal antitrust and consumer protection laws. Appropriations for both the Antitrust Division of the Department of Justice and the Commission are partially financed with Hart-Scott-Rodino Act pre-merger filing fees. The Commission’s appropriation is 

also partially offset by Do-Not-Call registry fees. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $284,067,000 for 

the salaries and expenses of the FTC for fiscal year 2012, which 

is $7,296,000 less than fiscal year 2011 and $41,933,000 less than 

the request. The Congressional Budget Office estimates 

$108,000,000 of collections from Hart-Scott-Rodino premerger filing 

fees and $21,000,000 of collections from Do-Not-Call list fees will 

partially offset the appropriation requirement for this account. 

The Committee understands and appreciates the current and future impact of the increase in childhood obesity in this country and 

believes that the early adoption of healthy eating habits is critical 

to the long-term health of our nation. The Committee believes the 

Federal Trade Commission, either as part of the Interagency Working Group on Food Marketed to Children or acting independently, 

should not issue principles or guidelines governing food marketed 

to children unless a peer-reviewed scientific study conclusively 

demonstrates that regulating food marketing directed to children is 

the most effective way of changing long-term eating behavior and 

reducing obesity. Furthermore, the FTC should not rely on any 

guidance issued by the Interagency Working Group on Food Marketed to Children to engage in enforcement actions under its existing authority. 


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GENERAL SERVICES ADMINISTRATION

REAL PROPERTY ACTIVITIES

FEDERAL BUILDINGS FUND

LIMITATIONS ON AVAILABILITY OF REVENUE

Limitations on Availability of Revenue: Limitation on availability, fiscal year 2011 .............................. $7,597,540,000 

Limitation on availability, budget estimate, fiscal year 2012 9,508,511,000 

Recommended in the bill ............................................................ 7,223,801,000 

Bill compared with: 

Availability limitation, fiscal year 2011 .................................... ¥373,739,000 

Availability limitation, fiscal year 2012 request ...................... ¥2,284,710,000 

The Federal Buildings Fund (FBF) finances the activities of the 

Public Buildings Service, which provides space and services for 

Federal agencies in a relationship similar to that of landlord and 

tenant. The FBF, established in 1975, replaces direct appropriations by using income derived from rent assessments, which approximate commercial rates for comparable space and services. The 

Committee makes funds available through a process of placing limitations on obligations from the FBF as a way of allocating funds 

for various FBF activities. 

COMMITTEE RECOMMENDATION

The Committee recommends a limitation on the availability of 

funds of $7,223,801,000 for the Fund, which is $373,739,000 less 

the fiscal year 2011 and $2,284,710,000 less than the request. 

To carry out the purposes of the Federal Buildings Fund established pursuant to section 210(f) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 592), the revenues and 

collections deposited into the Fund, shall be available for necessary 

expenses in the aggregate amount of $7,223,801,000 of which: $0 

is for construction (including funds for sites and expenses and associated design and construction services), $280,000,000 is for repairs 

and alterations, $126,801,000 is for installment acquisition payments (including payments on purchase contracts), $4,700,000,000 

is for rental of space, and $2,117,000,000 is for building operations. 

CONSTRUCTION AND ACQUISITION

Limitations on Availability of Revenue: Limitation on availability, fiscal year 2011 .............................. $82,000,000 

Limitation on availability, budget estimate, fiscal year 2012 839,642,000 

Recommended in the bill ............................................................ – – – 

Bill compared with: 

Availability limitation, fiscal year 2011 .................................... ¥82,000,000 

Availability limitation, fiscal year 2012 request ...................... ¥839,642,000 

The construction and acquisition activity funds site, design, construction, and management and inspection costs for construction of 

new Federal facilities. 

COMMITTEE RECOMMENDATION

The Committee recommends a limitation of $0 for construction 

and acquisition, which is $82,000,000 less than fiscal year 2011 

and $839,642,000 less than the request. Adding to the Federal inventory of buildings is not welcomed at a time when the management and use of the current inventory is less than optimal. 


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Civilian Property BRAC.—The Committee supports the concept 

of applying a BRAC-like process to disposing unneeded civilian 

Federal buildings and land. Multiple Administrations have tried to 

reduce the cost and liability associated with owning vacant, contaminated, excess, or otherwise unusable assets, but without success. The solution is neither quick nor simple because the problem 

is time-consuming and complicated, involving multiple agencies, 

Congressional jurisdictions, levels of government, expenses, and 

stakeholders. Moreover, the revenues and expenses may not coincide with the costs and benefits however much a proposal is put 

forward as budget-neutral. Nonetheless, the Committee believes a 

Civilian Property BRAC is a meritorious idea and deserving of serious consideration. Should the Congress move forward with legislation to create a Civilian Property BRAC, the Committee will lend 

its support as able. 

The Committee prohibits any funding appropriated for any courthouse project that has yet to be completed to be used by GSA for 

any purpose other than to complete the courthouse project. Further, should the land purchased for the courthouse project be sold, 

the Committee prohibits the GSA from using the proceeds of the 

sale of the land to be used for any purpose than courthouses. 

REPAIRS AND ALTERATIONS

Limitations on Availability of Revenue: Limitation on availability, fiscal year 2011 .............................. $280,000,000 

Limitation on availability, budget estimate, fiscal year 2012 868,902,000 

Recommended in the bill ............................................................ 280,000,000 

Bill compared with: 

Availability limitation, fiscal year 2011 .................................... – – – 

Availability limitation, fiscal year 2012 request ...................... ¥588,902,000 

The repairs and alterations activity funds design, construction 

and management and inspection for the repair, alteration, and 

modernization of existing real estate assets in addition to various 

special programs. 

COMMITTEE RECOMMENDATION

The Committee recommends a limitation of $280,000,000 for repairs and alterations, which is the same as fiscal year 2011 and 

$588,902,000 less than the request. 

Special Emphasis Programs.—The limitation consists of $15,000,000 for the Fire Prevention program; $245,000,000 for 

Basic Repairs and Alterations; and $20,000,000 for a new U.S. 

Courthouse Capital Security program. Recent events, such as the 

2010 shooting at the Las Vegas courthouse, continue to highlight 

the security needs of all Federal facilities. Many Federal courthouses do not meet current security standards. Rather than address these risks with the construction of new courthouses, the 

Committee directs GSA, the Judiciary, and the U.S. Marshals Service to begin improving the security of existing courthouses with a 

new special emphasis program. GSA and the Judiciary should assess the condition and usage of courthouses and identify cost-efficient and timely alternations. GSA and the Judiciary shall submit 

a report to the Committee within 90 days of enactment of this Act 

that outlines its plan to allocate this funding. 

Energy Saving Lighting Technologies.—The Committee has been 

told that GSA discourages the use of LED lights for general office 


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lighting. The Committee directs the GSA to provide a report about 

the costs and benefits of using of LED lights for general office lighting within 90 days of enactment of this Act. If benefits exceed 

costs, then the Committee expects GSA to incorporate LED lights 

into GSA’s building specifications. 

INSTALLMENT ACQUISITION PAYMENTS

Limitations on Availability of Revenue: 

Limitation on availability, fiscal year 2011 .............................. $135,540,000 

Limitation on availability, budget estimate, fiscal year 2012 126,801,000 

Recommended in the bill ............................................................ 126,801,000 

Bill compared with: 

Availability limitation, fiscal year 2011 .................................... ¥8,739,000 

Availability limitation, fiscal year 2012 request ...................... – – – 

The installment acquisition payments are interest payments to 

the Federal Financing Bank for facilities constructed under the 

Public Building Amendment of 1972 and lease-purchase agreements since 1987, a total of 80 projects. 

COMMITTEE RECOMMENDATION

The Committee recommends a limitation of $126,801,000 for installation acquisition payments, which is $8,739,000 less than fiscal 

year 2011 and the same as the budget request. 

RENTAL OF SPACE

Limitations on Availability of Revenue: 

Limitation on availability, fiscal year 2011 .............................. $4,830,000,000 

Limitation on availability, budget estimate, fiscal year 2012 5,285,198,000 

Recommended in the bill ............................................................ 4,700,000,000 

Bill compared with: 

Availability limitation, fiscal year 2011 .................................... ¥130,000,000 

Availability limitation, fiscal year 2012 request ...................... ¥585,198,000 

The rental of space program funds lease payments made to privately-owned buildings, temporary space for Federal employees 

during major repair and alteration projects, and relocations from 

Federal buildings due to forced moves and relocations as a result 

of health and safety conditions. 

COMMITTEE RECOMMENDATION

The Committee recommends a limitation of $4,700,000,000 for 

rental of space, which is $130,000,000 less than fiscal year 2011 

and $585,198,000 less than the request. 

BUILDING OPERATIONS

Limitations on Availability of Revenue: 

Limitation on availability, fiscal year 2011 .............................. $2,270,000,000 

Limitation on availability, budget estimate, fiscal year 2012 2,387,968,000 

Recommended in the bill ............................................................ 2,117,000,000 

Bill compared with: 

Availability limitation, fiscal year 2011 .................................... ¥153,000,000 

Availability limitation, fiscal year 2012 request ...................... ¥270,968,000 

The building operations activity funds, among other things, 

cleaning, maintenance, utilities, landscaping, snow removal, and 

pest control for government-owned facilities and in leased space 

when not provided by the lessor. 


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COMMITTEE RECOMMENDATION

The Committee recommends a limitation of $2,117,000,000 for 

building operations, which is $153,000,000 less than fiscal year 

2011 and $270,968,000 less than the request. 

GENERAL ACTIVITIES

GOVERNMENT-WIDE POLICY

Appropriation, fiscal year 2011 ......................................................... $66,488,000 

Budget request, fiscal year 2012 ....................................................... 105,140,000 

Recommended in the bill ................................................................... 64,826,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥1,662,000 

Budget request, fiscal year 2012 ................................................ ¥40,314,000 

The Office of Government-Wide Policy provides Federal agencies 

with guidelines, best practices, and performance measures for complying with all the laws, regulations, and executive orders related 

to: acquisition and procurement, personal and real property management, travel and transportation management, electronic customer service delivery, and use of Federal advisory committees. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $64,826,000, which is $1,662,000 less than fiscal year 2011 and $40,314,000 less 

than the request. 

Federal Vehicles.—The Federal Government manages the largest 

vehicle fleet in United States consisting of 662,164 motor vehicles 

that cost taxpayers $4.6 billion (e.g., depreciation, maintenance, 

fuel, and indirect costs) in fiscal year 2010. Each Federal agency 

is responsible for independently managing their fleet in accordance 

with Federal motor vehicle management regulations. Within the 

constraints of their budgets, agencies determine the number of vehicles needed to accomplish their missions, what types of vehicles 

their missions require, and whether it is better to own or lease 

those vehicles. 

The General Services Administration (GSA) is responsible for reporting on the size, composition, and condition of the fleet and providing agencies with guidance on how to achieve the optimal inventory to accomplish their mission, eliminate unnecessary and nonessential vehicles, and operate a cost-effective fleet through its expected lifecycle. A recent report on the increased acquisition of limousines, however, is evidence that GSA’s annual Federal Fleet Performance report is unreliable. GSA collects information about limousines, but does not provide a definition for a limousine. Consequently, some agencies reported buses and sedans in this category, when its is traditionally used to report on full-size sedans 

equipped with armor for the security of officials and dignitaries. 

Reducing the size and cost of the Federal fleet begins with a 

thorough understanding of the size and cost of the Federal fleet. In 

order to the make the Federal Fleet Performance a reliable and 

useful document for making informed decisions, the Committee directs the GSA to review how data for the report is collected, complied, and analyzed, beginning with providing a definition of a limousine and creating a category for armored passenger vehicles. In 

addition, the Committee directs GSA to require agencies to study 


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their vehicle usage and management, including vehicles used for 

home-to-work transportation, starting with light-duty vehicles to be 

followed by medium and heavy-duty trucks. These studies must be 

posted on agency websites along with GSA commentary and recommendations no later than June 1, 2012. 

Federal Travel.—Travel is an inescapable aspect of some government programs, such as bank examinations, food and safety inspections, and disaster assistance. Other travel related to conferences, 

meetings, and training is more subjective and intangible. Individual agencies determine for themselves if travel is essential to accomplish their mission. Once the decision to travel has been made, 

however, it should commence in a cost-efficient and convenient 

manner. To that end, the Committee directs GSA to create the appropriate interdisciplinary and interagency teams to review Federal travel regulations to revise stale and outdated policies, beginning with rental cars followed by meals, incidentals, lodging, airfare, and other ground transportation. GSA shall provide interim 

reports to the House and Senate Committees on Appropriations by 

January 30 and May 30, 2012, and a final report by July 30, 2012. 

After the review is completed and incorporated into Federal travel 

regulations, Government Accountability Office is directed to report 

to the House and Senate Committees on Appropriations on whether 

the revisions result in measurable reductions in cost. 

OPERATING EXPENSES

Appropriation, fiscal year 2011 ......................................................... $69,882,000 

Budget request, fiscal year 2012 ....................................................... 70,022,000 

Recommended in the bill ................................................................... 68,135,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥1,747,000 

Budget request, fiscal year 2012 ................................................ ¥1,887,000 

The Operating Expenses account is comprised of two different 

types of activities: (1) executive leadership offices, such as the Administrator, the Regional Administrators, Congressional and Intergovernmental Affairs, Emergency Response and Recovery, Communications and Marketing, and the Civilian Board of Contract Appeals and (2) reuse and donation programs for excess Federal property (both real and personal). 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $68,135,000, 

which is $1,747,000 less than fiscal year 2011 and $1,887,000 less 

than the request. 

OFFICE OF INSPECTOR GENERAL

Appropriation, fiscal year 2011 ......................................................... $58,882,000 

Budget request, fiscal year 2012 ....................................................... 62,358,000 

Recommended in the bill ................................................................... 58,882,000 

Bill compared with: 

Appropriation, fiscal year 201 .................................................... – – – 

Budget request, fiscal year 2012 ................................................ ¥3,476,000 

This appropriation provides agency-wide audit and investigative 

functions to identify and correct GSA management and administrative deficiencies that create conditions for existing or potential instances of fraud, waste, and mismanagement. The audit function 

provides internal and contract audits. Internal audits review and 


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evaluate all facets of GSA operations and programs, test internal 

control systems, and develop information to improve operating efficiencies and enhance customer services. Contract audits provide 

professional advice to GSA contracting officials on accounting and 

financial matters relative to the negotiation, award, administration, repricing, and settlement of contracts. The investigative function provides for the detection and investigation of improper and illegal activities involving GSA programs, personnel, and operations. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $58,882,000, 

which is the same as fiscal year 2011 and $3,476,000 less than the 

request. 

INFORMATION AND ENGAGEMENT FOR CITIZENS

Appropriation, fiscal year 2011 ......................................................... $ – – – 

Budget request, fiscal year 2012 ....................................................... – – – 

Recommended in the bill ................................................................... 50,000,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. +50,000,000 

Budget request, fiscal year 2012 ................................................ +50,000,000 

The Committee shares the Administration’s enthusiasm for sharing Federal information with citizens—information that was collected and stored at taxpayer expense—and making it easier for 

citizens to conduct transactions with their government, especially 

for services where the government has a monopoly, such as patents, passports, and tax administration. In these cases, citizens 

have no alternative but to subject themselves to the hours, locations, and means that the government chooses, however inefficient, 

inconvenient, or aggravating. 

To that end, the bill creates an ‘‘Information and Engagement for 

Citizens’’ account by combining the ‘‘Electronic Government Fund’’ 

and ‘‘Federal Citizen Services Fund’’. While these funds were created at different periods of time and developed different programs, 

they share a common objective—making it easier for citizens to understand and interact with their government. Whether that means 

delivering information in the mail or in a tweet, answering questions on the phone or on-line, or tracking grants and business opportunities, the purpose of ‘‘Information and Engagement for Citizens’’ is to provide electronic or other methods of providing access 

and understanding of Federal information, benefits, and services to 

citizens, businesses, other governments, and the media. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $50,000,000, 

which is $50,000,000 more than fiscal year 2011 and $50,000,000 

more than the request. In fiscal year 2011, the ‘‘Electronic Government Fund’’ was appropriated $7,984,000 and the ‘‘Federal Citizen 

Services Fund’’ was appropriated $34,116,000. The Committee expects the funds provided for these activities, combined with efficiency gains and resource prioritization, will result in increased delivery of information to the public and in the ease of transaction 

with the government. 

All the income collected by the Office of Citizen Services and Innovative Technologies (OCSIT) in the form of reimbursements from 


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Federal agencies, user fees for publications ordered by the public, 

payments from private entities for services rendered, and gifts from 

the public is available to the OCSIT without regard to fiscal year 

limitations, but is subject to an annual limitation of $60,000,000. 

Any revenues accruing in excess of this amount shall remain in the 

fund and are not available for expenditure except as authorized in 

appropriation Acts. 

The Committee continues to want to review its performance of 

‘‘e-initiatives’’ and expects the Office of Management and Budget to 

submit a detailed expenditure plan prior to obligation of funds 

under this account. The plan should describe the projects selected, 

and the budget, timeline, objectives and expected benefits and savings realized for each project. 

ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS

Appropriation, fiscal year 2011 ......................................................... $3,792,000 

Budget request, fiscal year 2012 ....................................................... 3,671,000 

Recommended in the bill ................................................................... 3,671,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥121,000 

Budget request, fiscal year 2012 ................................................ – – – 

As authorized by law, this appropriation provides for the pensions, office staffs, and related expenses for former Presidents 

Jimmy Carter, George H.W. Bush, William Clinton, and George W. 

Bush. The account also funds postal franking privileges for the 

widows of former Presidents Gerald Ford and Ronald Reagan. Also, 

this appropriation is authorized to provide funding for security and 

travel related expenses for each former President and the spouse 

of a former President pursuant to section 531 of Public Law 103– 

329. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $3,671,000 for 

allowances and office staff of former Presidents, which is $121,000 

less than fiscal year 2011 and the same as the request. 

ADMINISTRATIVE PROVISIONS—GENERAL SERVICES ADMINISTRATION

(INCLUDING TRANSFERS OF FUNDS)

(RESCISSION)

Section 501. The Committee continues the provision providing 

authority for the use of funds for the hire of motor vehicles. 

Section 502. The Committee continues the provision providing 

that funds made available for activities of the Federal Buildings 

Fund may be transferred between appropriations with advance approval of the Congress. 

Section 503. The Committee continues the provision requiring 

funds proposed for developing courthouse construction requests to 

meet appropriate standards and the priorities of the Judicial Conference. 

Section 504. The Committee continues the provision providing 

that no funds may be used to increase the amount of occupiable 

square feet, provide cleaning services, security enhancements, or 

any other service usually provided, to any agency which does not 

pay the requested rent. 


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Section 505. The Committee continues the provision that permits 

GSA to pay small claims (up to $250,000) made against the government. 

Section 506. The Committee continues the 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. 

Section 507. The Committee requires a report from the Administrator about programs, projects, or activities that are funded by appropriations to GSA but are not under the control or direction of 

the Administrator. Examples include, but are not limited to: the 

GSA Regulatory Information Service Center, the Federal Real 

Property Profile database, and various current and former Electronic Government projects. The report shall provide a description 

of each program, identify the organization approving management 

decisions and allocating funds, and the amount of GSA funds obligated by each program in fiscal years 2005 through 2011 by GSA 

appropriation account. 

Section 508. The Committee rescinds $4,600,000 in unobligated 

balances from Policy and Operations. 

HARRY S TRUMAN SCHOLARSHIP FOUNDATION

SALARIES AND EXPENSES

Appropriation, fiscal year 2011 ......................................................... $748,000 

Budget request,* fiscal year 2012 ..................................................... – – – 

Recommended in the bill ................................................................... 748,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. – – – 

Budget request, fiscal year 2012 ................................................ +748,000 

* The President’s budget proposed $0 but the Foundation submitted a request for $1,400,000. 

The Harry S Truman Scholarship Foundation is an independent 

agency established by Congress in 1975 (Public Law 93–642) to encourage exceptional college students to pursue careers in public 

service through the Truman Scholarship program. The Truman 

Scholarship is a merit-based award available to college juniors who 

plan to pursue careers in government or elsewhere in public service. Truman Scholars receive up to $30,000 for graduate or professional school, participate in leadership development activities, and 

have special opportunities for internships and employment with 

the Federal government. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $748,000 for the 

Harry S Truman Foundation, which is the same as fiscal year 

2011, $748,000 more than the President’s request and $652,000 

less than the Foundation’s request. 


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MERIT SYSTEMS PROTECTION BOARD

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2011 ......................................................... $42,832,000 

Budget request, fiscal year 2012 ....................................................... 44,461,000 

Recommended in the bill ................................................................... 41,761,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥1,071,000 

Budget request, fiscal year 2012 ................................................ ¥2,700,000 

The Merit Systems Protection Board (MSPB) is an independent, 

quasi-judicial agency established to protect the civil service merit 

system. The MSPB adjudicates appeals primarily involving personnel actions, certain Federal employee complaints, and retirement benefits issues. The MSPB reports to the President whether 

merit systems are sufficiently free of prohibited employment practices. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $41,761,000 for 

the MSPB, which is $1,071,000 less than fiscal year 2011 and 

$2,700,000 less than the request. The recommendation includes a 

transfer of $2,345,000 from the Civil Service Retirement and Disability Fund. 

MORRIS K. UDALL SCHOLARSHIP AND STEWART L. UDALL

FOUNDATION

Appropriation, fiscal year 2011 ......................................................... $6,287,000 

Budget request, fiscal year 2012 ....................................................... 6,000,000 

Recommended in the bill ................................................................... 3,000,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥3,287,000 

Budget request, fiscal year 2012 ................................................ ¥3,000,000 

The Morris K. Udall and Stewart L. Udall Foundation was established in honor of the public service of Congressman Morris K. 

Udall and Congressman and Secretary of the Interior Stewart L. 

Udall. The Foundation administers scholarship, internship and research grant programs that promote educational opportunities and 

careers related to the environment, Native health care and tribal 

public policy. The Foundation also provides leadership training and 

tribal management as well as environmental conflict resolution 

services for Federal agencies. 

COMMITTEE RECOMMENDATION

The Committee recommends $3,000,000 for the activities of the 

Morris K. Udall and Stewart L. Udall Foundation, which is 

$3,287,000 less than fiscal year 2011 and $3,000,000 less than the 

request. 

The bill consolidates the appropriations of the Morris K. Udall 

and Stewart L. Udall Trust Fund and Environmental Dispute Resolution Fund. The Morris K. Udall and Stewart L. Udall Foundation shall allocate funds among its authorized activities. 


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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

The total fiscal year 2011 amount appropriated to the National 

Archives and Records Administration (NARA), including funding 

for the Operating Expenses, Office of Inspector General, Repairs 

and Restoration, the National Historical Publications and Records 

Commission, and the Electronic Records Archive, was 

$416,799,000. For fiscal year 2012, the Electronic Records Archive 

(ERA) funding has moved under NARA’s Operating Expenses due 

to the completion of the development of ERA. The Committee recommends a total appropriation of $359,762,000 for NARA in fiscal 

year 2012, which is $57,037,000 less than fiscal year 2011 and 

$47,739,000 less than the request. 

OPERATING EXPENSES

Appropriation, fiscal year 2011 ......................................................... $339,090,000 

Budget request, fiscal year 2012 ....................................................... 403,742,000 

Recommended in the bill ................................................................... 360,969,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. +21,879,000 

Budget request, fiscal year 2012 ................................................ ¥42,773,000 

This appropriation provides NARA with funds for its basic operations for management of the Federal government’s archives and 

records, services to the public, operation of Presidential libraries, 

review for declassification of classified security information, and includes the Electronic Records Archives which preserves, stores, and 

manages digital Federal records for archival purposes, ensuring 

long-term access. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $360,969,000 for the operating expenses of NARA, which is $21,879,000 more than 

fiscal year 2011 and $42,773,000 less than the request. The Electronic Records Archive, which has previously been funded separately from Operating Expenses during its development, is now 

fully operational. Accordingly, while the recommended appropriation for NARA Operating Expenses for fiscal year 2012 is funded 

above fiscal year 2011, the recommended appropriation for NARA 

in total is $57,037,000 less than fiscal year 2011 and $47,739,000 

less than the request. 

OFFICE OF INSPECTOR GENERAL

Appropriation, fiscal year 2011 ......................................................... $4,241,000 

Budget request, fiscal year 2012 ....................................................... 4,100,000 

Recommended in the bill ................................................................... 4,100,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥141,000 

Budget request, fiscal year 2012 ................................................ – – – 

The Office of Inspector General (OIG) provides objective audits 

and investigations and serves as an independent, internal advocate 

to promote economy, efficiency, and effectiveness within NARA. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $4,100,000 for 

the OIG, which is $141,000 less than fiscal year 2011 and the same 

as the request. 


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REPAIRS AND RESTORATION

Appropriation, fiscal year 2011 ......................................................... $11,824,000 

Budget request, fiscal year 2012 ....................................................... 9,659,000 

Recommended in the bill ................................................................... 8,693,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥3,131,000 

Budget request, fiscal year 2012 ................................................ ¥966,000 

This appropriation provides for the repair, alteration, and improvement of Archives facilities and Presidential libraries nationwide. It enables the National Archives to maintain its facilities in 

proper condition for visitors, researchers, and employees, and also 

maintain the structural integrity of the buildings. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $8,693,000 for repairs and restoration, which is $3,131,000 less than fiscal year 

2011 and $966,000 less than the request. The Committee directs 

cost savings realized during the construction of the John F. Kennedy Library, as well as savings from the Military Personnel 

Records Center, toward priorities in NARA’s Capital Improvement 

Plan for the critical repairs, alterations, and improvements to Archives facilities and Presidential Libraries nationwide. 

NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION

GRANTS PROGRAM

Appropriation, fiscal year 2011 ......................................................... $6,986,000 

Budget request, fiscal year 2012 ....................................................... 5,000,000 

Recommended in the bill ................................................................... 1,000,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥5,986,000 

Budget request, fiscal year 2012 ................................................ ¥4,000,000 

The National Historical Publications and Records Commission 

(NHPRC) program provides for grants to preserve and publish 

records that document American history. Administered within the 

National Archives and Records Administration, the NHPRC helps 

State, local, and private institutions preserve non-Federal records, 

helps publish the papers of major figures in American history, and 

helps archivists and records managers improve their techniques, 

training, and ability to serve a range of information users. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $1,000,000 for 

the NHPRC grants program, which is $5,986,000 less than fiscal 

year 2011 and $4,000,000 less than the request. 

NATIONAL CREDIT UNION ADMINISTRATION

COMMUNITY DEVELOPMENT REVOLVING LOAN FUND

Appropriation, fiscal year 2011 ......................................................... $1,247,000 

Budget request, fiscal year 2012 ....................................................... 2,000,000 

Recommended in the bill ................................................................... 500,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥747,000 

Budget request, fiscal year 2012 ................................................ ¥1,500,000 


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The Community Development Revolving Loan Fund Program 

(CDRLF) was established in 1979 to assist officially designated 

‘‘low-income’’ credit unions in providing basic financial services to 

low-income communities. Low-interest loans and deposits are made 

available to assist these credit unions. Loans or deposits are normally repaid in five years, although shorter repayment periods may 

be considered. Technical assistance grants are also available to 

low-income credit unions. Earnings generated from the CDRLF are 

available to fund technical assistance grants in addition to funds 

provided for specifically in appropriations acts. Grants are available for improving operations as well as addressing safety and 

soundness issues. 

COMMITTEE RECOMMENDATION

For fiscal year 2012, the Committee recommends an appropriation of $500,000 for the National Credit Union Administration’s 

CDRLF for technical assistance grants, which is $747,000 less than 

fiscal year 2011 and $1,500,000 less than the request. The Committee expects the CDRLF to continue making loans from their 

available funds derived from repaid loans and interest earned on 

previous loans to designated credit unions. 

OFFICE OF GOVERNMENT ETHICS

SALARIES AND EXPENSES

Appropriation, fiscal year 2011 ......................................................... $13,972,000 

Budget request, fiscal year 2012 ....................................................... 13,664,000 

Recommended in the bill ................................................................... 13,483,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥489,000 

Budget request, fiscal year 2012 ................................................ ¥181,000 

The Office of Government Ethics (OGE) established by the Ethics 

in Government Act of 1978, partners with other executive branch 

Departments and agencies to foster high ethical standards. The 

OGE issues and monitors rules, regulations, and memoranda pertaining to the prevention and resolution of conflicts of interest, 

post-employment restrictions, standards of conduct, and financial 

disclosure for executive branch employees. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $13,483,000 for 

the OGE, which is $489,000 less than fiscal year 2011 and 

$181,000 less than the request. 

OFFICE OF PERSONNEL MANAGEMENT

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF TRUST FUNDS)

Appropriation, fiscal year 2011 ......................................................... $210,290,000 

Budget request, fiscal year 2012 ....................................................... 232,550,000 

Recommended in the bill ................................................................... 210,290,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. – – – 

Budget request, fiscal year 2012 ................................................ ¥22,260,000 


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The Office of Personnel Management (OPM) is the Federal agency responsible for management of Federal human resources policy 

and oversight of the merit civil service system. Although individual 

agencies are increasingly responsible for personnel operations, 

OPM provides a government-wide policy framework for personnel 

matters, advises and assists agencies (often on a reimbursable 

basis), and ensures that agency operations are consistent with requirements of law, with emphasis on such issues as veterans preference. OPM oversees examining of applicants for employment; 

issues regulations and policies on hiring, classification and pay, 

training, investigations, and many other aspects of personnel management; and operates a reimbursable training program for the 

Federal government’s managers and executives. OPM is also responsible for administering the retirement, health benefits and life 

insurance programs affecting most Federal employees, retired Federal employees, and their survivors. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $97,774,000 for 

the General Fund, which is the same as fiscal year 2011 and 

$2,253,000 less than the request. The Committee also recommends 

$112,516,000 for administrative expenses, the same as fiscal year 

2011 and $20,007,000 less than the request to be transferred from 

the appropriate trust funds. 

The Committee notes that OPM is responsible for promoting diversity and inclusion in the Federal workforce by pursuing recruitment and retention efforts focused on attracting diverse talent. To 

further OPM’s goal of promoting diversity and inclusion in the Federal workforce, the Committee directs OPM to provide a report on 

their ongoing activities to promote workforce, management, and executive diversity. The Director shall submit this report to the Committees on Appropriations of the House of Representatives and the 

Senate 180 days after enactment of this Act. 

Additionally, 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 territories. 

No funds are provided for the environmental manager proposed 

in the request. 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF TRUST FUNDS)

Appropriation, fiscal year 2011 ......................................................... $24,316,000 

Budget request, fiscal year 2012 ....................................................... 25,363,000 

Recommended in the bill ................................................................... 24,316,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. – – – 

Budget request, fiscal year 2012 ................................................ ¥1,047,000 

This appropriation provides for the Office of Inspector General’s 

(OIG) agency-wide audit, investigative, evaluation, and inspection 

functions, which identify management and administrative deficiencies, fraud, waste and mismanagement. The OIG performs internal agency audits and insurance audits, and offers contract 


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audit services. Internal audits review and evaluate all facets of 

agency operations, including financial statements. Evaluation and 

inspection services provide detailed technical evaluations of agency 

operations. Insurance audits review the operations of health and 

life insurance carriers, health care providers, and insurance subscribers. Contract auditors provide professional advice to agency 

contracting officials on accounting and financial matters regarding 

the negotiation, award, administration, repricing, and settlement of 

contracts. The investigative function provides for the detection and 

investigation of improper and illegal activities involving programs, 

personnel, and operations. 

COMMITTEE RECOMMENDATION

The Committee recommends a general fund appropriation of 

$3,142,000 for the OIG, which is the same as fiscal year 2011 and 

$662,000 less than the request. In addition, the recommendation 

provides $21,174,000 from appropriate trust funds, which is the 

same as fiscal year 2011 and $385,000 less than the request. 

OFFICE OF SPECIAL COUNSEL

SALARIES AND EXPENSES

Appropriation, fiscal year 2011 ......................................................... $18,458,000 

Budget request, fiscal year 2012 ....................................................... 19,486,000 

Recommended in the bill ................................................................... 17,997,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥461,000 

Budget request, fiscal year 2012 ................................................ ¥1,489,000 

The Office of Special Counsel (OSC): (1) investigates Federal employee allegations of prohibited personnel practices (including reprisal for whistleblowing) and, when appropriate, prosecutes before 

the Merit Systems Protection Board; (2) provides a channel for 

whistleblowing by Federal employees; and (3) enforces the Hatch 

Act. The Office may transmit whistleblower allegations to the agency head concerned and require an agency investigation and a report 

to the Congress and the President when appropriate. Additionally, 

the Office enforces 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 an appropriation of $17,997,000 for 

the OSC, which is $461,000 less than fiscal year 2011 and 

$1,489,000 less than the request. 

POSTAL REGULATORY COMMISSION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2011 ......................................................... $14,304,000 

Budget request, fiscal year 2012 ....................................................... 14,450,000 

Recommended in the bill ................................................................... 13,946,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥358,000 

Budget request, fiscal year 2012 ................................................ ¥504,000 


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The Postal Accountability and Enhancement Act (PAEA) of 2006, 

Public Law 109–435, authorized the Postal Regulatory Commission 

to receive appropriations by transfer from the Postal Service Fund 

beginning in fiscal year 2009, and required the Commission to submit to Congress a budget of its expenses. The Commission establishes and maintains the U.S. Postal Service’s ratemaking systems, 

measures service and performance, ensures accountability, and has 

enforcement mechanisms, including the authority to issue subpoenas. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation, out of the Postal 

Fund, of $13,946,000 for the Postal Regulatory Commission, which 

is $358,000 less than fiscal year 2011 and $504,000 less than the 

request. 

RECOVERY ACCOUNTABILITY AND TRANSPARENCY BOARD

SALARIES AND EXPENSES

Appropriation, fiscal year 2011 ......................................................... $– – – 

Budget request, fiscal year 2012 ....................................................... 31,543,000 

Recommended in the bill ................................................................... 25,000,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. +25,000,000 

Budget request, fiscal year 2012 ................................................ ¥6,543,000 

The Recovery Accountability and Transparency Board (Recovery 

Board) was authorized in the American Recovery and Reinvestment 

Act of 2009 (Public Law 111–5) (Recovery Act). The Recovery Board 

is composed of Inspectors General of agencies administering programs and overseeing spending authorized in the Recovery Act. 

The Recovery Board conducts and coordinates activities related to 

the accountability, transparency, and oversight of spending under 

the Recovery Act and oversees the administration of Recovery.gov, 

a website providing detailed information on the implementation of 

the Recovery Act. Through fiscal year 2011, the costs of the Recovery Board were funded by a Recovery Act appropriation. These 

funds have expired and new funding is required to continue the Recovery Board’s oversight responsibilities. 

COMMITTEE RECOMMENDATION

The Committee recommends $25,000,000 for the Recovery Accountability and Transparency Board, which is $25,000,000 more 

than fiscal year 2011 and $6,543,000 less than the request. 

SECURITIES AND EXCHANGE COMMISSION

SALARIES AND EXPENSES

Appropriation, fiscal year 2011 ......................................................... $1,185,000,000 

Budget request, fiscal year 2012 ....................................................... 1,407,483,000 

Recommended in the bill ................................................................... 1,185,000,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. – – – 

Budget request, fiscal year 2012 ................................................ ¥222,483,000 

The primary mission of the Securities and Exchange Commission 

(SEC) is to protect investors, maintain the integrity of the securities markets, and assure adequate information on the capital marVerDate Mar 15 2010 04:06 Jul 08, 2011 Jkt 067238 PO 00000 Frm 00061 Fmt 6659 Sfmt 6602 E:\HR\OC\HR136.XXX HR136

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kets is made available to market participants and policy makers. 

This includes monitoring the rapid evolution of the capital markets, 

ensuring full disclosure of all appropriate financial information, 

regulating the Nation’s securities markets, and preventing fraud 

and malpractice in the securities and financial markets. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $1,185,000,000 

for the SEC, which is the same as fiscal year 2011 and 

$222,483,000 less than the request. The Committee designates 

$6,790,000 as the minimum funding for the SEC Office of Inspector 

General. 

The Committee remains troubled with the SEC’s management of 

its operating budget. The Commission has a troubled past with regard to its information technology procurement, renting of leased 

space, as well as its ability to produce accurate financial statements. The Committee believes that these lapses demonstrate a 

concerning lack of ability to manage funds. This Committee is reticent to provide more funding for the Commission until efficiencies 

outlined in the Boston Consulting Group (BCG) report are enacted. 

The Committee concurs with the recommendation put forth in 

the BCG report stating that the Commission needs to reorganize 

in order to become more efficient and remains concerned about the 

number of offices directly reporting to the Chairman. The Committee is encouraged that the SEC consolidated the Office of the 

Executive Director with the Office of the Chief Operating Officer, 

as recommended in the BCG study, in order to realize greater efficiencies. However, the Committee believes there are more efficiencies to be realized by providing additional authorities to the 

Chief Operating Officer (COO). Specifically, the Committee encourages the Commission to establish a coordinating council, chaired by 

the COO, with the authority to resolve disputes among divisions 

and offices. Along with a redesign of the Commission’s organizational structure, the Committee supports the BCG recommendation 

that the Commission implement a continuous improvement program in order to systematically reduce costs throughout the Commission. 

The Committee supports continued funding for high priority information technology programs within the Commission. However, 

the Committee is concerned with past technology acquisition decisions which used sole-source contracts and resulted in the waste of 

taxpayer dollars. This failure in acquisition management was easily avoidable had the Commission used its Capital Planning and 

Investment Control process. The Committee agrees with the Inspector General’s report and urges the Commission’s Office of Information Technology to institute appropriate procedures to ensure future technology acquisitions undergo a comprehensive review in 

order to avoid past mistakes. 

The Commission made poor decisions recently with regard to 

their leasing practices. With the passage of the Dodd-Frank Wall 

Street Reform and Consumer Protection Act, the Commission was 

given elevated funding levels that were authorized but never appropriated. The Commission chose to rent over 900,000 square feet 

of office space at Constitution Center in Southwest Washington, 

D.C., instead of using its resources to invest in needed IT upgrades 


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or hire staff with priority skill sets. The Committee has taken note 

of the Commission’s leased space at Constitution Center and remains concerned with the Commission’s ability to prioritize and 

budget its funding resources. While the Commission has responded 

to the Inspector General’s recommendations, the Committee remains interested in seeing tangible changes to the SEC’s leasing 

practices. The Committee bill includes section 629 to begin addressing leasing reforms. 

The Committee believes the Commission should target its recruiting toward persons with expertise in capital markets operations and the business operations of the entities that the SEC regulates. Experts in these areas can play a key role in the Commission’s work to maintain free, orderly, and properly functioning markets. 

The Committee remains concerned with the SEC’s track record 

in dealing with Ponzi schemes. The Committee strongly supports 

the SEC’s determination that certain individuals who invested 

money through the Stanford Group Company are entitled to the 

protections of the Securities Investor Protection Act of 1970 (SIPA). 

Furthermore, the Committee fully supports the SEC’s request to 

the Securities Investor Protection Corporation (SIPC) to initiate a 

court proceeding under SIPA to liquidate the broker-dealer. The 

Committee expects the SIPC to proceed accordingly. 

The Committee is interested in the Commission’s proposed rulemaking to establish a registration program for municipal financial 

advisors under Section 975 of the Dodd-Frank Wall Street Reform 

and Consumer Protection Act. The Committee is concerned that the 

Commission’s proposed rule may be overly broad. The Committee 

expects that the final rule will be consistent with legislative intent 

and will not duplicate existing regulations. Accordingly, the Committee encourages the Commission to take into consideration comments submitted in response to the temporary rule and consult 

with bank regulators to ensure that the final rule incorporates the 

existing bank supervisory and examination system to achieve the 

goals of Section 975. 

The Commission has a number of joint rulemakings with the 

Commodity Futures Trading Commission as required by the DoddFrank Wall Street Reform and Consumer Protection Act. Given the 

broad scope and depth of rules required to be issued under the 

Dodd-Frank Act, the Committee directs all regulatory bodies to 

move in unison and properly address market concerns when 

issuing all rules, especially with regard to joint rulemakings. 

The Committee takes note that the SEC is proceeding to implement Section 417 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, related to studies of short selling, 

and will continue to monitor its progress. 

SELECTIVE SERVICE SYSTEM

SALARIES AND EXPENSES

Appropriation, fiscal year 2011 ......................................................... $24,226,000 

Budget request, fiscal year 2012 ....................................................... 24,500,000 

Recommended in the bill ................................................................... 23,620,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥606,000 

Budget request, fiscal year 2012 ................................................ ¥880,000 


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The Selective Service System was established by the Selective 

Service Act of 1948. The mission of the System is to be prepared 

to supply manpower to the Armed Forces adequate to ensure the 

security of the United States during a time of national emergency. 

Since 1973, the Armed Forces have relied on volunteers to fill military manpower requirements, but selective service registration was 

reinstituted in July 1980. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $23,620,000 for 

the Selective Service System, which is $606,000 less than fiscal 

year 2011 and $880,000 less than the request. 

SMALL BUSINESS ADMINISTRATION

The Small Business Administration (SBA) assists small businesses through programs involving loans, grants, and contracting 

preferences. These programs maintain and strengthen an economy 

that depends on small businesses for 60 to 80 percent of job creation. SBA programs also serve disadvantaged populations so that 

their small business enterprises may overcome economic and social 

obstacles to success. 

The recommendation provides a total of $978,306,000 for the 

Small Business Administration. This amount is $7,133,000 less 

than the budget request and $248,568,000 more than fiscal year 

2011. Detailed guidance for the SBA appropriations accounts is 

presented below. 

SALARIES AND EXPENSES

Appropriation, fiscal year 2011 ......................................................... $432,571,000 

Budget request, fiscal year 2012 ....................................................... 427,296,000 

Recommended in the bill ................................................................... 422,296,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥10,275,000 

Budget request, fiscal year 2012 ................................................ ¥5,000,000 

COMMITTEE RECOMMENDATION

The Committee recommends $422,296,000 for the salaries and 

expenses of the SBA, which is $10,275,000 less than fiscal year 

2011 and $5,000,000 less than the request. Within the amounts 

made available under this heading, the Committee recommendation provides $170,750,000 for the SBA non-credit business assistance programs, which is $10,500,000 more than the request and 

$11,207,000 less than fiscal year 2011. 

The Committee recommendations for non-credit business assistance, by program, are displayed in the following table: 


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NON-CREDIT BUSINESS ASSISTANCE PROGRAMS

[In thousands of dollars] 

Small Business Development Centers .............................................. $112,000 

Veterans Business Development ....................................................... 2,500 

SCORE ................................................................................................ 7,000 

Women’s Business Centers ................................................................ 14,000 

National Women’s Business Council ................................................. 920 

Microloan Technical Assistance ........................................................ 14,480 

PRIME ................................................................................................. 5,000 

Native American Outreach ................................................................ 1,250 

7(j) Technical Assistance .................................................................... 3,100 

HUBZone ............................................................................................. 2,500 

Clusters ............................................................................................... 8,000 

Total, non-credit initiatives ........................................................ 170,750 

The SBA shall not reduce these non-credit programs from the 

amounts specified above and the SBA shall not merge any of the 

non-credit programs without advance written approval from the 

Committee. The Committee recommendation includes an increase 

of $10,500,000 above the request level for non-credit programs. 

Funding above the request level was provided for the Small Business Development Center (SBDC) Program, Microloan Technical 

Assistance and PRIME which are programs that provide critical 

support to small business, facilitate job creation, and strengthen 

our economy. 

The Committee encourages the SBA to support small business 

development and entrepreneurship throughout the country by 

funding non-profit organizations and institutions of higher education that train and educate an entrepreneurial work force and 

provide business development services designed to accelerate industry sectors that build regional assets. 

The Committee strongly supports the SBA’s Historically Underutilized Business Zone (HUBZone) program and believes that it is 

a critical resource for distressed communities, especially during the 

current economic downturn. The Committee is aware that there are 

certain rural areas that are underutilized business areas, but are 

excluded from HUBZone designation based on the current program 

authorization. The Committee encourages the SBA to continue to 

examine ways to incorporate underutilized business areas into any 

future revisions of the Small Business Act. 

The Committee recognizes the value of the 8(a) program in assisting small and disadvantaged businesses compete in the marketplace and provides sufficient amount of funding to execute the mission of the 8(a) program. 

A recent Government Accountability Office (GAO) report studying duplicative programs in the Federal government identified 80 

economic development programs at four agencies, including the 

SBA, that appeared to overlap with at least one other program in 

the economic development activities that they are authorized to 

fund. GAO found that the SBA has taken only limited steps to implement collaborative practices with other Federal agencies. The 

Committee expects the SBA to seek more opportunities for resource 

sharing across economic development programs, identify ways to leverage each program’s strengths to improve existing collaborative 

efforts, and provide the greatest benefit to small businesses at the 

least cost to taxpayers. The Committee directs the SBA to report 


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to the Committee on its efforts to collaborate with other agencies 

in the area of economic development within 60 days of enactment 

of this Act. 

OFFICE OF INSPECTOR GENERAL

Appropriation, fiscal year 2011 ......................................................... $16,267,000 

Budget request, fiscal year 2012 ....................................................... 18,400,000 

Recommended in the bill ................................................................... 16,267,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. – – – 

Budget request, fiscal year 2012 ................................................ ¥2,133,000 

COMMITTEE RECOMMENDATION

The Committee recommends $16,267,000 for the Office of Inspector General of the SBA, which is the same as fiscal year 2011 and 

$2,133,000 less than the request. In addition, $1,000,000 is made 

available by transfer from the Disaster Loans Program Account. 

OFFICE OF ADVOCACY

(INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2011 ......................................................... $– – – 

Budget request, fiscal year 2012 ....................................................... 9,120,000 

Recommended in the bill ................................................................... 9,120,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. +9,120,000 

Budget request, fiscal year 2012 ................................................ – – – 

COMMITTEE RECOMMENDATION

The Committee recommends $9,120,000 for the Office of Advocacy of the SBA. The Small Business Jobs Act of 2010 (Public Law 

111–240) requires this office to be funded through a separate appropriation. Funding provided for the Office of Advocacy, which 

was previously included in the salaries and expenses appropriation, 

is equal to fiscal year 2011 and the same as the request. In addition, the Committee provides transfer authority allowing funds to 

be transferred from SBA’s operating budget to cover additional 

costs associated with the administrative and rental expenses of the 

Office of Advocacy. The Committee does not believe that the cost 

of this office should be budgeted for in two separate accounts. The 

Committee supports the Office’s mission to reduce regulatory burdens that Federal policies impose on small businesses and maximize the benefits small businesses receive from the government. 

BUSINESS LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

Appropriation, fiscal year 2011 ......................................................... $235,528,000 

Budget request, fiscal year 2012 ....................................................... 363,323,000 

Recommended in the bill ................................................................... 363,323,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. +127,795,000 

Budget request, fiscal year 2012 ................................................ – – – 

The SBA Business Loans Program serves as an important source 

of capital for America’s small businesses. The recommendation supports the 7(a) business loan program, the 504 certified development 

company program, Small Business Investment Company (SBIC) debentures, and the Secondary Market Guarantee Program. 


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COMMITTEE RECOMMENDATION

The Committee recommends a total of $363,323,000 for the Business Loans Program Account, which is $127,795,000 more than fiscal year 2011 and the same as the request. Of the amount appropriated, $147,958,000 is for administrative expenses related to 

business loan programs. The amount provided for administrative 

expenses may be transferred to and merged with the appropriation 

for SBA salaries and expenses to cover the common overhead expenses associated with business loans. 

The recommendation includes $211,600,000 for the subsidy cost 

of the 7(a) business loan guarantee program and the 504 certified 

development program. This funding will help to stimulate small 

business investment and will contribute to economic growth. The 

effect of small businesses on the economy is considerable. Firms 

employing fewer than 500 employees comprise about 99.7 percent 

of all businesses in the nation and employ roughly half of all private sector employees. The subsidy funding provided in this account will help to ensure the continued strength of the small business sector. 

The recommendation also includes $3,765,000 in loan subsidy for 

the Microloan Program. The amount provided is estimated to support $25,000,000 in microloans. 

DISASTER LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

Appropriation, fiscal year 2011 ......................................................... $45,372,000 

Budget request, fiscal year 2012 ....................................................... 167,300,000 

Recommended in the bill ................................................................... 167,300,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. +121,928,000 

Budget request, fiscal year 2012 ................................................ – – – 

COMMITTEE RECOMMENDATION

As required by the Federal Credit Reform Act of 1990, the Congress is required to appropriate an amount sufficient to cover the 

subsidy costs associated with all direct loan obligations and loan 

guarantee commitments made in fiscal year 2012, as well as the 

administrative expenses of the loan programs. The Committee recommends a total of $167,300,000 for administrative expenses for 

fiscal year 2012, which is $121,928,000 more than fiscal year 2011 

and the same as the request. Carryover from prior year supplemental acts previously supported costs associated with administering the Disaster Loan account, however by fiscal year 2012, 

this funding will be exhausted; therefore, new appropriated dollars 

are needed. The Committee provides $1,000,000 for the Office of Inspector General for audits and reviews of the disaster loans program and $9,000,000 may be transferred to Salaries and Expenses 

for administrative expenses. 

When the budget request was submitted, it assumed sufficient 

prior year funds would be available to cover estimated subsidy 

costs. In light of the destructive storms and serious flooding that 

have occurred this year, the Committee wants to ensure that there 

are sufficient funds available to meet the lending needs of eligible 

victims. Therefore, the Committee directs the Small Business AdVerDate Mar 15 2010 05:43 Jul 08, 2011 Jkt 067238 PO 00000 Frm 00067 Fmt 6659 Sfmt 6602 E:\HR\OC\HR136.XXX HR136

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ministration to continue providing updates on available resources 

for the disaster loans program on a monthly basis. 

ADMINISTRATIVE PROVISIONS—SMALL BUSINESS ADMINISTRATION

(INCLUDING TRANSFER OF FUNDS)

Section 509. The Committee continues a provision for the SBA 

authorizing transfers of up to five percent of any SBA appropriation to other appropriations, provided that transfers do not increase 

an appropriation by more than 10 percent. The provision also requires that transfers be treated as reprogrammings of funds. 

Section 510. The Committee includes a new provision extending 

the length of time that a business that can obtain credit elsewhere 

can repay a disaster loan from three to seven years. 

Section 511. The Committee includes a new provision detailing 

information to be provided in the SBA’s annual budget request. 

UNITED STATES POSTAL SERVICE

PAYMENT TO THE POSTAL SERVICE FUND

Appropriation, fiscal year 2011 ......................................................... $86,681,000 

Budget request, fiscal year 2012 ....................................................... 78,153,000 

Recommended in the bill ................................................................... 78,153,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥8,528,000 

Budget request, fiscal year 2012 ................................................ – – – 

The United States Postal Service (USPS) is funded almost entirely by Postal ratepayers rather than taxpayers. Funds provided 

to the Postal Service in the Payment to the Postal Service Fund include appropriations for revenue forgone in providing free mail for 

the blind, people with disabilities, and for overseas absentee voting. 

COMMITTEE RECOMMENDATION

The Committee recommends appropriations totaling $78,153,000 

for Payment to the Postal Service Fund, which is $8,528,000 less 

than fiscal year 2011 and the same as the request. This is an advance appropriation for fiscal year 2013. The bill includes language 

specifying that 6-day delivery and rural delivery of mail shall continue at not less than the 1983 level. Language is also included 

prohibiting funds in this Act from being used to consolidate or close 

small rural and other small post offices. 

The Committee commends the efforts of the USPS to be fiscally 

responsible. However, when the USPS considers changes in local 

delivery service, the Committee strongly urges the USPS to hold 

public meetings, take into consideration the input of residents, and 

provide fiscal justification before any major changes in delivery 

service are made. The USPS is one of the few Federal government 

entities that every American depends on a daily basis and it is important that their service is reflective of the world’s premier mail 

delivery organization. The Committee urges the USPS to continue 

its efforts at achieving cost reductions without compromising services. 


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OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2011 ......................................................... $243,908,000 

Budget request, fiscal year 2012 ....................................................... 244,397,000 

Recommended in the bill ................................................................... 237,810,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥6,098,000 

Budget request, fiscal year 2012 ................................................ ¥6,587,000 

The Postal Accountability and Enhancement Act (PAEA) of 2006, 

Public Law 109–435, authorized the Postal Service Office of Inspector General (OIG) to receive funding by transfer out of the Postal 

Service Fund beginning in fiscal year 2009. The OIG conducts audits, reviews and investigations, and keeps Congress informed on 

the efficiency and economy of Postal Service programs and operations. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $237,810,000, 

which is $6,098,000 less than fiscal year 2011 and $6,587,000 less 

than the request. 

UNITED STATES TAX COURT

SALARIES AND EXPENSES

Appropriation, fiscal year 2011 ......................................................... $51,989,000 

Budget request, fiscal year 2012 ....................................................... 59,996,000 

Recommended in the bill ................................................................... 50,689,000 

Bill compared with: 

Appropriation, fiscal year 2011 .................................................. ¥1,300,000 

Budget request, fiscal year 2012 ................................................ ¥9,307,000 

The U.S. Tax Court adjudicates controversies involving deficiencies in income, estate, and gift taxes. The Court also has jurisdiction to determine deficiencies in certain excise taxes to issue declaratory judgments in the areas of qualifications of retirement 

plans, exemption of charitable organizations, and to decide certain 

cases involving disclosure of tax information by the Commissioner 

of the Internal Revenue Service. 

COMMITTEE RECOMMENDATION

The Committee recommends $50,689,000 for the U.S. Tax Court, 

which is $1,300,000 less than fiscal year 2011 and $9,307,000 less 

than the request. 

TITLE VI—GENERAL PROVISIONS, THIS ACT 

(RESCISSION)

Section 601. The Committee continues the provision prohibiting 

pay and other expenses for non-Federal parties in regulatory or adjudicatory proceedings funded in this Act. 

Section 602. The Committee continues the provision prohibiting 

obligations beyond the current fiscal year and prohibits transfers of 

funds unless expressly so provided herein. 


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Section 603. The Committee continues the provision limiting procurement contracts for consulting service expenditures to contracts 

that are matters of public record and available for public inspection. 

Section 604. The Committee continues the provision prohibiting 

transfer of funds in this Act without express authority. 

Section 605. The Committee continues the provision prohibiting 

the use of funds to engage in activities that would prohibit the enforcement of section 307 of the 1930 Tariff Act. 

Section 606. The Committee continues the provision concerning 

compliance with the Buy American Act. 

Section 607. The Committee continues the provision prohibiting 

the use of funds by any person or entity convicted of violating the 

Buy American Act. 

Section 608. The Committee continues the provision specifying 

reprogramming procedures. The provision requires that agencies or 

entities funded by the Act notify the Committee and obtain prior 

approval from the Committee for any reprogramming of funds that: 

(1) creates a new program; (2) eliminates a program, project, or activity; (3) increases funds or personnel for any program, project, or 

activity for which funds have been denied or restricted by the Congress; (4) proposes to use funds directed for a specific activity by 

either the House or Senate Committees on Appropriations for a different purpose; (5) augments existing programs, projects, or activities in excess of $5,000,000 or 10 percent, whichever is less; (6) reduces existing programs, projects, or activities by $5,000,000 or 10 

percent, whichever is less; or (7) reorganizes offices, programs, or 

activities. The provision also directs the agencies funded by this 

Act to submit operating plans for the Committee’s review within 60 

days of the bill’s enactment. 

Section 609. The Committee continues the provision providing 

that fifty percent of unobligated balances may remain available for 

certain purposes. 

Section 610. The Committee continues the provision prohibiting 

funding for the Executive Office of the President to request a Federal Bureau of Investigation background investigation except with 

the express consent of the individual involved or in extraordinary 

circumstances involving national security. 

Section 611. The Committee continues the provision regarding 

cost accounting standards for contracts under the Federal Employee Health Benefits Program. 

Section 612. The Committee continues the provision regarding 

non-foreign area cost of living allowances. 

Section 613. The Committee continues the provision prohibiting 

the expenditure of funds for abortion under the Federal Employees 

Health Benefits Program. 

Section 614. The Committee continues the provision making exceptions to the preceding section where the life of the mother is in 

danger or the pregnancy is a result of an act of rape or incest. 

Section 615. The Committee continues the provision waiving restrictions on the purchase of non-domestic articles, materials, and 

supplies in the case of acquisition by the Federal government of information technology. 

Section 616. The Committee continues the provision prohibiting 

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ed by this Act from accepting travel payments or reimbursements 

from a person or entity regulated by such agency or commission. Section 617. The Committee rescinds $998,000 from the Privacy 

and Civil Liberties Oversight Board. While the Committee is supportive of privacy and civil liberties protections, this board has no 

members and has not incurred any costs. 

Section 618. The Committee continues the provision clarifying 

that, for purposes of agricultural and medical trade with Cuba, 

during fiscal year 2012 the term ‘‘payment of cash in advance’’ as 

specified in section 908(b)(1) of the Trade Sanctions Reform and 

Export Enhancement Act of 2000 shall be interpreted as payment 

before the transfer of title to, and control of, the exported items to 

the Cuban purchaser. 

Section 619. The Committee continues the provision permitting 

the Securities and Exchange Commission and Commodities Future 

Trading Commission to fund a joint advisory committee to advise 

on emerging regulatory issues, notwithstanding Section 708 of this 

Act. 

Section 620. The Committee includes language prohibiting funds 

to carry out chapter 95 (Presidential Election Campaign Fund) or 

96 (Presidential Primary Matching Campaign Account) of the Internal Revenue Code of 1986. 

Section 621. The Committee includes language prohibiting funding to implement the Federal Communications Commission’s net 

neutrality order (FCC 10–201, adopted by the Commission on December 21, 2010). 

Section 622. The Committee includes language prohibiting funding for the Consumer Product Safety Commission to carry out section 6A of the Consumer Product Safety Act related to an unverifiable public consumer product safety complaint database. 

Section 623. The Committee prohibits the obligation of funds in 

fiscal year 2012 from the Securities and Exchange Commission Reserve Fund established by the Dodd-Frank Wall Street Reform and 

Consumer Protection Act. The Committee does not support mandatory reserve funds. The Committee believes the Commission should 

request the level of funding it believes is necessary in any given 

fiscal year and not have access to reserve funding that is outside 

of the Congressional review process. 

Section 624. The Committee includes a provision directing the 

Comptroller General to conduct a cost-benefit analysis of the Consumer Product Safety Improvement Act of 2008. 

Section 625. The Committee includes new language regarding 

the Fairness Doctrine. The language states that sections 73.1910, 

76.209, 76.1612, and 76.1613 of title 47, Code of Federal Regulations, shall have no force or effect after the date of the enactment 

of this Act and the Federal Communications Commission (FCC) 

shall take such action as is necessary to remove such sections from 

the Code of Federal Regulations. The Committee is pleased the 

Chairman of the FCC has written the Committee on Energy and 

Commerce that the FCC intends to delete regulations relating to 

the Fairness Doctrine. The Committee urges the FCC to do so expeditiously. 

Section 626. The Committee includes language requiring certain 

agencies to provide quarterly reports on unobligated prior year balances. 


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Section 627. The Committee includes language requiring certain 

regulatory agencies to provide a report on increasing public participation in rulemaking, improving coordination among Federal agencies, and identifying ineffective or excessively burdensome regulations. 

Section 628. The Committee includes language providing for several appropriated mandatory accounts. These are accounts where 

authorizing language requires the payment of funds. The Congressional Budget Office estimates the following costs for the programs 

addressed in this provision: $450,000 for Compensation of the 

President including $50,000 for expenses, $99,000,000 for the Judicial Retirement Funds (Judicial Officers’ Retirement Fund, Judicial 

Survivors’ Annuities Fund, and the United States Court of Federal 

Claims Judges’ Retirement Fund), $10,862,000,000 for the Government Payment for Annuitants, Employee Health Benefits, 

$52,000,000 for the Government Payment for Annuitants, Employee Life Insurance, and $9,979,000,000 for Payment to the Civil 

Service Retirement and Disability Fund. 

Section 629. The Committee includes a new provision that requires certain regulatory agencies to consult with the General 

Services Administration (GSA) before seeking new office space or 

making alterations to existing office space. The Securities and Exchange Commission’s (SEC) calamitous lease of the Constitutional 

Center has made the Committee question how independent leasing 

authority improves the safety and soundness of the financial market. Most Federal agencies are required to obtain office space from 

the GSA. In accordance with the agency’s requirements, GSA finds 

either GSA-owned or leased space for the agency. Some agencies, 

such as the SEC and Federal Deposit Insurance Corporation, however, have statutory authority to enter into leases without GSA. 

The Committee recognizes that not every agency is wholly satisfied 

with GSA as a landlord, but GSA’s expertise and experience as the 

Federal government’s primary property manager should not be underestimated. The mission of the SEC is to protect investors, maintain fair, orderly, and efficient markets, and facilitate capital formation, not to procure and oversee commercial real estate leases. 

The mission of the GSA is to deliver and maintain productive work 

space, including furnishings, technology, supplies, and related services. This division of labor should serve the Federal government 

and taxpayers well if properly exercised. 

Section 630. The Committee includes language that excludes 

youth off-highway vehicles and bicycles from the lead bans included 

in the Consumer Product Safety Improvement Act. The Committee 

believes that children are more likely to be hurt due to use of adult 

off-highway vehicles than due to lead exposure in components such 

as tire valves and battery cables. 

Section 631. The Committee includes new language prohibiting 

funds for the Federal Trade Commission to complete the draft report entitled ‘‘Interagency Working Group on Food Marketed to 

Children: Preliminary Proposed Nutrition Principles to Guide Industry Self-Regulatory Efforts’’ unless the Interagency Working 

Group on Food Marketed to Children complies with Executive 

Order 13563, including the requirement in Section 1(c) to provide 

quantified present and future benefits and costs. 


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Section 632. The Committee includes language prohibiting funding for certain Czars including the White House Director of the Office of Health Reform, the Assistant to the President for Energy 

and Climate Change, the Senior Advisor to the Secretary of the 

Treasury assigned to the Presidential Task Force on the Auto Industry and Senior Counselor for Manufacturing Policy, and the 

White House Director of Urban Affairs. 

Section 633. The Committee includes new language regarding 

commercial terrestrial operations. 

TITLE VII—GENERAL PROVISIONS, GOVERNMENT-WIDE 

DEPARTMENTS, AGENCIES, AND CORPORATIONS

The Committee requests a report be completed by the Comptroller General of the United States not later than 90 days after 

the date of the enactment of this Act. The report shall state the 

percentage of Federal grant dollars (across all agencies) that are 

awarded to each of the following: 

(1) Persistent poverty communities (as defined in section 105 of 

title I of division A of Public Law 111–5 (123 Stat. 127)). 

(2) Empowerment zones and enterprise communities (as designated pursuant to section 1391 of the Internal Revenue Code of 

1986). 

(3) Renewal communities (as defined in section 1400E of such 

Code). 

Section 701. The Committee continues the provision requiring 

agencies to administer a policy designed to ensure that all of its 

workplaces are free from the illegal use of controlled substances. 

Section 702. The Committee continues the provision establishing 

price limitations on vehicles to be purchased by the Federal government with an exemption for the purchase of electric, plug-in hybrid 

electric, and hydrogen fuel cell vehicles. 

Section 703. The Committee continues the provision allowing 

funds made available to agencies for travel to also be used for 

quarter allowances and cost-of-living allowances. 

Section 704. The Committee continues the provision concerning 

the employment of noncitizens. 

Section 705. The Committee continues the provision giving agencies the authority to pay General Services Administration bills for 

space renovation and other services. 

Section 706. The Committee continues the provision allowing 

agencies to finance the costs of recycling and waste prevention programs with proceeds from the sale of materials recovered through 

such programs. 

Section 707. The Committee continues the 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 the provision prohibiting 

interagency financing of groups absent prior statutory approval. 

Section 709. The Committee continues the 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 the provision limiting the 

amount of funds that can be used for redecoration of offices under 

certain circumstances. 

Section 711. The Committee continues the provision to allow for 

interagency funding of national security and emergency telecommunications initiatives. 

Section 712. The Committee continues the provision requiring 

agencies to certify that a Schedule C appointment was not created 

solely or primarily to detail the employee to the White House. 

Section 713. The Committee continues the provision prohibiting 

the payment of any employee who prohibits, threatens or prevents 

another employee from communicating with Congress. 

Section 714. The Committee continues the provision prohibiting 

Federal training not directly related to the performance of official 

duties. 

Section 715. The Committee continues the provision prohibiting 

the expenditure of funds for implementation of agreements in nondisclosure policies unless certain provisions are included. 

Section 716. The Committee continues the provision prohibiting, 

other than for normal and recognized executive-legislative relationships, propaganda, publicity and lobbying by executive agency personnel in support or defeat of legislative initiatives. 

Section 717. The Committee continues the provision prohibiting 

any Federal agency from disclosing an employee’s home address to 

any labor organization, absent employee authorization or court 

order. 

Section 718. The Committee continues the provision prohibiting 

funds to be used to provide non-public information such as mailing 

or telephone lists to any person or organization outside the government without the approval of the Committees on Appropriations. 

Section 719. The Committee continues the provision prohibiting 

the use of funds for propaganda and publicity purposes not authorized by Congress. 

Section 720. The Committee continues the provision, with a 

modification, directing agency employees to use official time in an 

honest effort to perform official duties. 

Section 721. The Committee continues the provision authorizing 

the use of funds to finance an appropriate share of the Federal Accounting Standards Advisory Board. 

Section 722. The Committee continues the provision authorizing 

agencies to transfer $17,000,000 to the Government-wide Policy account of General Services Administration to finance an appropriate 

share of various government-wide boards and councils. 

Section 723. The Committee continues the provision that permits 

breast feeding in a Federal building or on Federal property if the 

woman and child are authorized to be there. 

Section 724. The Committee continues the provision that permits 

interagency funding of the National Science and Technology Council and provides for a report on the budget and resources of the National Science and Technology Council. The report should include 

the entire budget of the National Science and Technology Council. 

Section 725. The Committee continues the provision requiring 

documents involving the distribution of Federal funds to indicate 

the agency providing the funds and the amount provided. 


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Section 726. The Committee continues the provision prohibiting 

the use of funds to monitor personal access or use of Internet sites 

or to collect, review, or obtain any personally identifiable information relating to access to or use of an Internet site. 

Section 727. The Committee continues a provision requiring 

health plans participating in the Federal Employee Health Benefits 

Program to provide contraceptive coverage and provides exemptions to certain religious plans. 

Section 728. The Committee includes language supporting strict 

adherence to antidoping activities. 

Section 729. The Committee continues a provision allowing funds 

for official travel to be used by departments and agencies, if consistent with OMB Circular A–126, to participate in the fractional 

aircraft ownership pilot program. 

Section 730. The Committee continues a provision prohibiting 

funds for implementation of Office of Personnel Management regulations limiting detailees to the Legislative Branch, and implementing limitations on the Coast Guard Congressional Fellowship 

Program. 

Section 731. The Committee continues the provision that restricts the use of funds for Federal law enforcement training facilities. 

Section 732. The Committee continues the provision concerning 

transfers or reimbursements for ‘‘E-Government’’ initiatives. 

Section 733. The Committee continues a provision that prohibits 

the use of funds to begin or announce a study or public-private 

competition regarding the conversion to contractor performance of 

any function performed by civilian Federal employees pursuant to 

Office of Management and Budget Circular A–76 or any other administrative regulation, directive, or policy. 

Section 734. The Committee continues the provision that prohibits Executive Branch agencies from creating prepackaged news 

stories that are broadcast or distributed in the United States unless the story includes a clear notification within the text or audio 

of that news story that the prepackaged news story was prepared 

or funded by that executive branch agency. This provision confirms 

the opinion of the Government Accountability Office dated February 17, 2005 (B–304272). 

Section 735. The Committee continues the 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 736. The Committee continues the provision requiring 

agencies to evaluate the creditworthiness of an individual before 

issuing the individual a government travel charge card and limits 

agency actions accordingly. 

Section 737. The Committee continues a provision prohibiting 

funds from being used for any Federal government contract with 

any foreign incorporated entity which is treated as an inverted domestic corporation. 

Section 738. The Committee includes language prohibiting funds 

to require any entity submitting an offer for a Federal contract to 

disclose political contributions. 


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Section 739. The Committee continues the provision concerning 

the non-application of these general provisions to title IV and to 

title VIII. 

Section 740. The Committee includes new language prohibiting 

funds to any corporation with certain unpaid Federal tax liabilities. 

Section 741. The Committee includes new language prohibiting 

funds to any corporation that was convicted of a felony criminal 

violation within the preceding 24 months. 

Section 742. The Committee includes new language prohibiting 

funding for hiring new Federal employees that are not verified 

through the E-Verify program. 

TITLE VIII 

GENERAL PROVISIONS—DISTRICT OF COLUMBIA

Section 801. The Committee continues the provision that appropriates funds for refunding overpayments of taxes collected and for 

paying settlements and judgments against the District of Columbia 

government. 

Section 802. The Committee includes language prohibiting the 

use of Federal funds for publicity or propaganda purposes. 

Section 803. The Committee continues the provision that establishes reprogramming procedures for Federal funds. 

Section 804. The Committee continues the provision prohibiting 

the use of Federal funds to provide salaries or other costs associated with the offices of United States Senator or Representative. 

Section 805. The Committee continues language restricting the 

use of official vehicles to official duties. 

Section 806. The Committee continues the provision that prohibits the use of Federal funds for any petition drive or civil action 

which seeks to require Congress to provide for voting representation in Congress for the District of Columbia. 

Section 807. The Committee includes language prohibiting the 

use of Federal funds for needle exchange programs. 

Section 808. The Committee continues the provision that includes a ‘‘conscience clause’’ on legislation that pertains to contraceptive coverage by health insurance plans. 

Section 809. The Committee includes language prohibiting the 

use of Federal funds to legalize or reduce penalties associated with 

the possession, use, or distribution on any schedule I substance 

under the Controlled Substances Act (or any tetrahydrocannabinols 

derivative). 

Section 810. The Committee continues the provision that prohibits the use of funds for abortion except in the cases of rape or 

incest or if necessary to save the life of the mother as reinstated 

by Public Law 112–10. The Committee directs the District of Columbia to provide a comprehensive report no later than January 

31, 2012 specifying all steps taken to ensure compliance with the 

reinstated policy. 

Section 811. The Committee continues the provision requiring 

the Chief Financial Officer (CFO) to submit a revised operating 

budget for all agencies in the D.C. government, no later than 30 

calendar days after the enactment of this Act that realigns budgeted data with anticipated actual expenditures. 


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Section 812. The Committee continues the provision requiring 

the CFO to submit a revised operating budget for D.C. Public 

Schools, no later than 30 calendar days after the enactment of this 

Act that realigns school budgets to actual school enrollment. 

Section 813. The Committee continues the provision authorizing 

the transfer of local funds to capital and enterprise funds. 

Section 814. The Committee continues the provision which limits 

references to ‘‘this Act’’ as referring to only this title and title IV. 

TITLE IX—ADDITIONAL GENERAL PROVISIONS 

SPENDING REDUCTION ACCOUNT

Section 901. The Committee includes new language regarding 

family travel and remittance to Cuba. 

Section 902. The Committee includes a new provision that prohibits new budget authority from exceeding the budget allocation 

in fiscal year 2012. 

HOUSE OF REPRESENTATIVES REPORT REQUIREMENTS

The following items are included in accordance with various requirements of the Rules of the House of Representatives: 

FULL COMMITTEE VOTES


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STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House 

of Representatives, the following is a statement of general performance goals and objectives for which this measure authorizes funding: 

The Committee on Appropriations considers program performance, including a program’s success in developing and attaining 

outcome-related goals and objectives, in developing funding recommendations. 

RESCISSION OF FUNDS

Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House 

of Representatives, the following table is submitted describing the 

rescissions recommended in the accompanying bill: 

Treasury Forfeiture Fund .................................................................. $630,000,000 

Counterdrug Technology Assessment Center .................................. 11,328,000 

United States Sentencing Commission ............................................. 100,000 

General Services Administration Policy and Operations ................ 4,600,000 

Privacy and Civil Liberties Oversight Board ................................... 998,000 

TRANSFER OF FUNDS

Pursuant to clause 3(f)(2), rule XIII of the Rules of the House of 

Representatives, the following is submitted describing the transfer 

of funds provided in the accompanying bill. 

The Committee recommends the following transfers: 

UNDER TITLE I—DEPARTMENT OF THE TREASURY

Under the Department of the Treasury, ‘‘Office of Terrorism and 

Financial Intelligence, Salaries and Expenses’’, unobligated balances associated with these activities under the Departmental Offices heading shall be transferred and merged with this account. 

Section 103 allows the transfer of five percent of any appropriation (or three percent of Internal Revenue Service (IRS), ‘‘Enforcement’’) made available to the IRS to any other IRS appropriation, 

subject to prior congressional approval. 

Section 111 authorizes transfers, up to two percent, between Departmental Offices, Office of Terrorism and Financial Intelligence, 

Office of Inspector General, Financial Management Service, Alcohol 

and Tobacco Tax and Trade Bureau, Financial Crimes Enforcement 

Network, and the Bureau of the Public Debt appropriations under 

certain circumstances. 

Section 112 authorizes transfers, up to two percent, between the 

IRS and the Treasury Inspector General for Tax Administration 

under certain circumstances. 

Section 115 authorizes the transfer of funds from the ‘‘Financial 

Management Service, Salaries and Expenses’’, to the ‘‘Debt Collection Fund’’ as necessary to cover the cost of debt collection. 

UNDER TITLE II—EXECUTIVE OFFICE OF THE PRESIDENT

Language is included under 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. 


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Language is included under Federal Drug Control Programs, 

‘‘Other Federal Drug Control Programs’’, allowing the transfer of 

funds to other Federal departments or agencies. 

Language is included under ‘‘Integrated, Efficient and Effective 

Uses of Information Technology’’, 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 any appropriation, subject to a 15 day 

notification period. 

UNDER TITLE III—THE JUDICIARY

Language is included under ‘‘Courts of Appeals, District Courts, 

and Other Judicial Services, Court Security’’, allowing funds to be 

transferred to the United States Marshals Service for courthouse 

security. 

Section 302 permits the Judiciary to transfer up to five percent 

of any appropriation with certain limitations. 

UNDER TITLE IV—DISTRICT OF COLUMBIA

Language is included under ‘‘Federal Payment for Defender Services in District of Columbia Courts’’ allowing $10,000,000 to be 

transferred to the District of Columbia Courts. 

UNDER TITLE V—INDEPENDENT AGENCIES

Under Title V, Independent Agencies, a number of transfers are 

allowed: (1) the Election Assistance Commission account may 

transfer $1,625,000 to the National Institute for Standards and 

Technology; (2) section 502 allows the transfer of funding within 

Federal Buildings Fund after approval of the Committee; (3) under 

Merit Systems Protection Board, an amount is transferred from the 

Civil Service Retirement and Disability Fund; (4) under Office of 

Personnel Management, amounts from certain trust funds are 

transferred to the Salaries and Expenses and Office of Inspector 

General accounts for administrative expenses; (5) under the Postal 

Regulatory Commission, amounts are transferred from the Postal 

Service Fund; (6) under Small Business Administration, Office of 

Advocacy, funds may be transferred from Salaries and Expenses to 

cover required administrative and facilities costs; (7) under Small 

Business Administration, Business Loans Program Account, 

amounts may be transferred to the Office of Inspector General, and 

Salaries and Expenses; (8) under Small Business Administration, 

Disaster Loans Program Account, amounts may be transferred to 

the Office of Inspector General, and Salaries and Expenses; (9) 

under Administrative Provision-Small Business Administration, 

amounts may be transferred between appropriations of the Small 

Business Administration; and (10) under United States Postal 

Service, Office of Inspector General, amounts are transferred from 

the Postal Service Fund. 


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UNDER TITLE VII—GOVERNMENT-WIDE

Section 722 authorizes departments and agencies to transfer 

funds to the General Services Administration to support certain financial, information technology, procurement and other management initiatives. 

UNDER TITLE VIII—GENERAL PROVISIONS, DISTRICT OF COLUMBIA

Section 803 authorizes the District of Columbia to transfer local 

funds. 

DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED

SPENDING ITEMS

Neither the bill nor the report contains any Congressional earmarks, limited tax benefits, or limited tariff benefits as defined in 

clause 9 of rule XXI. 

COMPLIANCE WITH RULE XIII, CL. 3(e) (RAMSEYER RULE) 

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, 

existing law in which no change is proposed is shown in roman): 

SECTION 122 OF THE DEPARTMENT OF JUSTICE 

APPROPRIATIONS ACT, 1998 

(Public Law 105–119) 

SEC. 122. (a) * * * 

* * * * * * * 

(g)(1) Notwithstanding any other provision of law and subject to 

paragraph (2), the Secretary of the Treasury is authorized to establish, for a period of ø12 years¿ 14 years from date of enactment of 

this provision, a personnel management demonstration project providing for the compensation and performance management of not 

more than a combined total of 950 employees who fill critical scientific, technical, engineering, intelligence analyst, language translator, and medical positions in the Bureau of Alcohol, Tobacco and 

Firearms. 

* * * * * * * 

TITLE 31, UNITED STATES CODE 

* * * * * * * 

SUBTITLE I—GENERAL 

* * * * * * * 

CHAPTER 3—DEPARTMENT OF THE TREASURY 

SUBCHAPTER I—ORGANIZATION 

* * * * * * * 


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§ 310. Financial Crimes Enforcement Network 

(a) * * * 

(b) DIRECTOR.— 

(1) * * * 

(2) DUTIES AND POWERS.—The duties and powers of the Director are as follows: 

(A) * * * 

* * * * * * * 

(E) Furnish research, analytical, and informational services to financial institutions, appropriate Federal and foreign regulatory agencies with regard to financial institutions, and appropriate Federal, State, local, and foreign 

law enforcement authorities, in accordance with policies 

and guidelines established by the Secretary of the Treasury or the Under Secretary of the Treasury for Enforcement, in the interest of detection, prevention, and prosecution of terrorism, organized crime, money laundering, and 

other financial crimes. 

* * * * * * * 

SUBTITLE II—THE BUDGET PROCESS 

* * * * * * * 

CHAPTER 11—THE BUDGET AND FISCAL, BUDGET, AND 

PROGRAM INFORMATION 

* * * * * * * 

§ 1107. Deficiency and supplemental appropriations 

The President may submit to Congress proposed deficiency and 

supplemental appropriations the President decides are necessary 

because of laws enacted after the submission of the budget or that 

are in the public interest. The President shall include the reasons 

for the submission of the proposed appropriations and the reasons 

the proposed appropriations were not included in the budget. When 

the total proposed appropriations would have required the President to make a recommendation under section 1105(c) of this title 

if they had been included in the budget, the President shall make 

a recommendation under that section. The President shall submit 

to Congress, without change, proposed deficiency and supplemental 

appropriations submitted to the President by the legislative branch 

and the judicial branch. 

* * * * * * * 

SUBTITLE IV—MONEY 

* * * * * * * 

CHAPTER 51—COINS AND CURRENCY 

* * * * * * * 


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SUBCHAPTER II—GENERAL AUTHORITY 

* * * * * * * 

§ 5114. Engraving and printing currency and security documents 

(a) * * * 

* * * * * * * 

(c) The Secretary may make a contract øfor a period of not more 

than 4 years¿ to manufacture distinctive paper for United States 

currency and securities. To promote competition among manufacturers of the distinctive paper, the Secretary may split the award 

for the manufacture of the paper between the 2 bidders with the 

lowest prices a pound. When the Secretary decides that it is necessary to operate more than one mill to manufacture distinctive 

paper, the Secretary may— 

(1) * * * 

* * * * * * * 

SUBTITLE IV—MONEY 

* * * * * * * 

CHAPTER 53—MONETARY TRANSACTIONS 

* * * * * * * 

SUBCHAPTER II—RECORDS AND REPORTS ON MONETARY 

INSTRUMENTS TRANSACTIONS 

* * * * * * * 

§ 5318. Compliance, exemptions, and summons authority 

(a) * * * 

* * * * * * * 

(g) REPORTING OF SUSPICIOUS TRANSACTIONS.— 

(1) * * * 

(2) NOTIFICATION PROHIBITED.— 

(A) IN GENERAL.—If a financial institution or any director, officer, employee, or agent of any financial institution, 

voluntarily or pursuant to this section or any other authority, reports a suspicious transaction to a government agency— 

(i) the financial institution, director, officer, employee, or agent may not notify any person involved in 

the transaction that the transaction has been reported; øand¿ 

(ii) no officer or employee of the Federal Government or of any State, local, tribal, or territorial government within the United States, who has any 

knowledge that such report was made may disclose to 

any person involved in the transaction that the transaction has been reported, other than as necessary to 

fulfill the official duties of such officer or employeeø.¿; 

and 


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(iii) no other person that the Secretary may prescribe 

by regulation, who has knowledge that such report was 

made, may disclose to any person involved in the 

transaction that the transaction has been reported. 

* * * * * * * 

§ 5319. Availability of reports 

The Secretary of the Treasury shall make information in a report 

filed under this subchapter available to an agency, including any 

State financial institutions supervisory agency, United States intelligence agency or self-regulatory organization registered with the 

Securities and Exchange Commission or the Commodity Futures 

Trading Commission, upon request of the head of the agency or organization. The report shall be available for a purpose that is consistent with this subchapter. The Secretary may only require reports on the use of such information by any State financial institutions supervisory agency for other than supervisory purposes or by 

United States intelligence agencies. However, a report and records 

of reports are exempt from disclosure under section 552 of title 5, or under any State law having or intended to have a similar effect. 

* * * * * * * 

§ 5331. Reports relating to coins and currency received in 

nonfinancial trade or business 

(a) COIN AND CURRENCY RECEIPTS OF MORE THAN $10,000.—Any 

person— 

ø(1) who is engaged in a trade or business; and¿ 

(1)(A) who is engaged in a trade or business, and 

ø(2)¿ (B) who, in the course of such trade or business, receives more than $10,000 in coins or currency in 1 transaction 

(or 2 or more related transactions), or 

(2) who is required to file a report under section 6050I(g) of 

the Internal Revenue Code of 1986, 

* * * * * * * 

SECTION 120 OF THE EMERGENCY ECONOMIC 

STABILIZATION ACT OF 2008≤≤ 

SEC. 120. TERMINATION OF AUTHORITY. 

(a) * * * 

* * * * * * * 

(c) TERMINATION OF AUTHORITY TO PROVIDE NEW ASSISTANCE

UNDER THE HOME AFFORDABLE MODIFICATION PROGRAM.— 

(1) IN GENERAL.—Except as provided under paragraph (2), 

after the date of the enactment of this subsection the Secretary 

may not provide any assistance under the Home Affordable 

Modification Program under the Making Home Affordable initiative of the Secretary, authorized under this Act, on behalf of 

any homeowner. 

(2) PROTECTION OF EXISTING OBLIGATIONS ON BEHALF OF

HOMEOWNERS ALREADY EXTENDED AN OFFER TO PARTICIPATE IN

THE PROGRAM.—Paragraph (1) shall not apply with respect to 


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assistance provided on behalf of a homeowner who, before the 

date of the enactment of this subsection, was extended an offer 

to participate in the Home Affordable Modification Program on 

a trial or permanent basis. 

SECTION 203 OF THE JUDICIAL IMPROVEMENTS ACT OF 

1990 

SEC. 203. DISTRICT JUDGES FOR THE DISTRICT COURTS. 

(a) * * * 

* * * * * * * 

(c) TEMPORARY JUDGESHIPS.—The President shall appoint, by 

and with the advice and consent of the Senate— 

(1) * * * 

* * * * * * * 

Except with respect to the district of Kansas, the western district 

of Michigan, the eastern district of Pennsylvania, the district of 

Hawaii, and the northern district of Ohio, the first vacancy in the 

office of district judge in each of the judicial districts named in this 

subsection, occurring 10 years or more after the confirmation date 

of the judge named to fill the temporary judgeship created by this 

subsection, shall not be filled. The first vacancy in the office of district judge in the district of Kansas occurring ø20 years¿ 21 years 

or more after the confirmation date of the judge named to fill the 

temporary judgeship created for such district under this subsection, 

shall not be filled. The first vacancy in the office of district judge 

in the western district of Michigan, occurring after December 1, 

1995, shall not be filled. The first vacancy in the office of district 

judge in the eastern district of Pennsylvania, occurring 5 years or 

more after the confirmation date of the judge named to fill the temporary judgeship created for such district under this subsection, 

shall not be filled. The first vacancy in the office of district judge 

in the northern district of Ohio occurring 19 years or more after 

the confirmation date of the judge named to fill the temporary 

judgeship created under this subsection shall not be filled. The first 

vacancy in the office of the district judge in the district of Hawaii 

occurring 17 years or more after the confirmation date of the judge 

named to fill the temporary judgeship created under this subsection shall not be filled. For districts named in this subsection for 

which multiple judgeships are created by this Act, the last of those 

judgeships filled shall be the judgeships created under this section. 

* * * * * * * 

SECTION 7 OF THE SMALL BUSINESS ACT 

SEC. 7. (a) * * * 

* * * * * * * 

(d)(1) * * * 

* * * * * * * 

(5) Notwithstanding the provisions of any other law, the interest rate on the Federal share of any loan made under subVerDate Mar 15 2010 04:06 Jul 08, 2011 Jkt 067238 PO 00000 Frm 00091 Fmt 6659 Sfmt 6601 E:\HR\OC\HR136.XXX HR136

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section (b)(1) and (b)(2) on account of a disaster commencing on 

or after October 1, 1982, shall be— 

(A) * * * 

* * * * * * * 

(D) in the case of a business concern able to obtain credit 

elsewhere, the rate prescribed by the Administration but 

not in excess of the lowest of (i) the rate prevailing in the 

private market for similar loans, (ii) the rate prescribed by 

the Administration as the maximum interest rate for deferred participation (guaranteed) loans under section 7(a) 

of this Act, or (iii) 8 per centum per annum. Loans under 

this subparagraph shall be limited to a maximum term of 

øthree years¿ 7 years. 

* * * * * * * 

CHANGES IN THE APPLICATION OF EXISTING LAW

Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of the 

House of Representatives, the following statements are submitted 

describing the effect of provisions proposed in the accompanying 

bill which may be considered, under certain circumstances, to 

change the application of existing law, either directly or indirectly. 

The bill provides that appropriations shall remain available for 

more than one year for a number of programs for which the basic 

authorizing legislation does not explicitly authorize such extended 

availability. The bill provides, in some instances, for funding of 

agencies and activities where legislation has not yet been finalized. 

In addition, the bill carries language, in some instances, permitting 

activities not authorized by law, or exempting agencies from certain provisions of law, but which has been carried in appropriations 

acts for many years. 

The bill includes several limitations on official entertainment, reception and representation expenses. Similar provisions have appeared in many previous appropriations Acts. The bill includes a 

number of limitations on the purchase of automobiles or office furnishings 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. 

TITLE I—DEPARTMENT OF THE TREASURY

Language is included for Departmental Offices, ‘‘Salaries and Expenses’’, that provides funds for operation and maintenance of the 

Treasury Building Annex; hire of passenger motor vehicles; maintenance, repairs, and improvements of, and purchase of commercial 

insurance policies for real properties leased or owned overseas; official reception and representation expenses; Treasury-wide financial 

audits; the Global Tax Forum; information technology modernization requirements; critical infrastructure protection and compliance 

policy programs; and the period of availability; and specifying certain amounts for unforeseen emergencies of a confidential nature. 

Language is included for the Office of Terrorism and Financial 

Intelligence that provides funds combating threats to national security and secure space. Language is also included that limits the 

availability of certain amounts. 


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Language is included to limit fiscal year 2012 transfers from the 

Federal Reserve to the Bureau of Consumer Financial Protection 

(BCFP) to $200 million and to limit BCFP obligations to $200 million. Additional language is included to subject the BCFP to the annual appropriations process beginning in fiscal year 2013. 

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 

and specifies amounts for unforeseen emergencies of a confidential 

nature. 

Language is included for the Treasury Inspector General for Tax 

Administration, ‘‘Salaries and Expenses’’, that provides funds to 

carry out the provisions of the Inspector General Act of 1978, including the purchase and hire of motor vehicles and specifies 

amounts for unforeseen emergencies of a confidential nature. 

Language is included for the Financial Crimes Enforcement Network, ‘‘Salaries and Expenses’’, that provides funds for hire of 

motor vehicles; the travel and training of non-federal and foreign 

government personnel attending meetings involving domestic or 

foreign financial law enforcement, intelligence, and regulation; official reception and representation expenses; and assistance to Federal law enforcement agencies with or without reimbursement. 

Language is also included that limits the availability of certain 

amounts. 

Language is included for the Financial Management Service, 

‘‘Salaries and Expenses’’, that provides a certain amount for official 

reception and representation expenses and limits the availability 

for systems modernization funds. 

Language is included for the Alcohol and Tobacco Tax and Trade 

Bureau, ‘‘Salaries and Expenses’’, that provides funds for the hire 

of passenger motor vehicles and laboratory assistance to State and 

local agencies with or without reimbursement. Language is also included that specifies the amounts for official reception and representation expenses and cooperative research and development. 

Language is included for the U.S. Mint, ‘‘United States Mint 

Public Enterprise Fund’’, that identifies the source of funding for 

the operations and activities of the U.S. Mint and specifies the 

level of funding for circulating coinage and protective service capital investments. 

Language is included for the Bureau of the Public Debt, ‘‘Administering the Public Debt’’, that specifies funds for official reception 

and representation expenses; and provides that appropriations 

from the General Fund will be reduced as fees are collected, and 

that a portion of the funds are to be derived from the Oil Spill Liability Trust Fund for administration of the Fund. Language is also 

included that limits the availability of certain amounts. 

Language is included for the Community Development Financial 

Institutions Fund Program Account that provides specific amounts 

for: Native American initiatives, administrative expenses, and the 

cost of direct loans. Language is included clarifying the cost of direct loans and the cost of modifying direct loans, and specifying the 

limitation on gross obligations for the principal amount of direct 

loans. Language is included to require specialized versions of the 

financial and technical assistance program to fulfill the findings of 

the Riegle Act. 


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Language is included under Internal Revenue Service, ‘‘Taxpayer 

Services’’ that provides funds for pre-filing assistance and education, filing and account services, and taxpayer advocacy services, 

implementation of the tax credit in title II of Division A the Trade 

Act of 2002 (Public Law 107–210), and dedicating funding for the 

Tax Counseling for the Elderly Program, low-income taxpayer clinic 

grants, Community Volunteer Income Tax Assistance grants, and 

operating expenses of the Taxpayer Advocate Service. 

Language is included for Internal Revenue Service, ‘‘Enforcement’’ that provides funds to determine and collect owed taxes, provide legal and litigation support, conduct criminal investigations, 

enforce criminal statutes, purchase and hire of vehicles; and funding for the Interagency Crime and Drug Enforcement program. 

Language is included for the Internal Revenue Service, ‘‘Operations Support’’ that provides funds for operating and supporting 

taxpayer services and tax law enforcement programs; rent; facilities services; printing; postage; physical security; headquarters and 

other IRS-wide administration activities; research and statistics of 

income; telecommunications; information technology development, 

enhancement, operations, maintenance, and security; hire of passenger motor vehicles; and dedicating funding for the IRS Oversight Board and official reception and representation expenses. 

Language is included for Internal Revenue Service, ‘‘Business 

Systems Modernization’’ that provides for the business systems 

modernization program, including capital asset acquisition of information technology, including management and related contractual 

costs and IRS labor costs of said acquisitions, contractual costs associated with operations, and places certain restrictions on the use 

of the funds. 

TITLE II—EXECUTIVE OFFICE OF THE PRESIDENT

Language under The White House, ‘‘Salaries and Expenses’’, provides funds for services authorized by 5 U.S.C. 3109 and 3 U.S.C. 

105 and 107, subsistence expenses, hire of vehicles, newspapers, 

periodicals, travel, and official entertainment expenses; and the Office of Policy Development. 

Language under the Executive Residence at the White House, 

‘‘Operating Expenses’’, provides funds for official entertainment expenses of the President, and the care, maintenance, repair and alteration, refurnishing, improvement, heating, and lighting, including electric power and fixtures, of the Executive Residence at the 

White House. 

Language under the Executive Residence at the White House, 

‘‘Reimbursable Expenses’’, specifies the authorized use of funds; 

specifies that reimbursable expenses are the exclusive authority of 

the Executive Residence to incur obligations and receive offsetting 

collections; requires the sponsors of political events to make advance payments; requires the national committee of the political 

party of the President to maintain $25,000 on deposit; requires the 

Executive Residence to ensure that amounts owed are billed within 

60 days of a reimbursable event and collected within 30 days of the 

bill notice; authorizes the Executive Residence to charge and assess 

interest and penalties on late payments; authorizes all reimbursements to be deposited into the Treasury as a miscellaneous receipt; 

requires a report to the Committee on the reimbursable expenses 


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within 90 days of the end of the fiscal year; requires the Executive 

Residence to maintain a system for tracking and classifying reimbursable events; and specifies that the Executive Residence is not 

exempt from the requirements of subchapter I or II of chapter 37 

of title 31, United States Code. 

Language under ‘‘White House Repair and Restoration’’ provides 

funds for the repair, alteration, improvement of the Executive Residence at the White House and allows funds to remain available 

until expended. 

Language under National Security Council and Homeland Security Council ‘‘Salaries and Expenses’’, provides for services authorized by 5 U.S.C. 3109. 

Language under Office of Administration, ‘‘Salaries and Expenses’’, provides funds for continued modernization of the information technology infrastructure within the Executive Office of the 

President, to remain available until expended. 

Language under Office of Management and Budget, ‘‘Salaries 

and Expenses’’, provides funds for expenses, services authorized by 

5 U.S.C. 3109, the hire of vehicles; carrying out provisions of chapter 35 of 44 U.S.C.; specifies funds for official representation expense; prohibits the review of agricultural marketing orders; prohibits the use of funds for the purpose of altering the transcript of 

testimony except for OMB officials; prohibits the use of funds for 

evaluating or determining if water resource project or study reports 

submitted by the Chief of Engineers are in compliance with all applicable laws, regulations, and requirements; and specifies the 

amount of time to perform budgetary policy reviews of water resource matters on which the Chief of Engineers has reported before 

the report is considered approved, and specifies notification requirements. 

Language under the Office of National Drug Control Policy, ‘‘Salaries and Expenses’’, provides funds for expenses, research, official 

reception and representation expenses, participation in joint 

projects, and allows for the acceptance of gifts. Language is also included providing funds for policy research and evaluation and making these funds available until expended. 

Language under Federal Drug Control Programs. ‘‘High Intensity 

Drug Trafficking Areas Program’’, provides for the transfer of funds 

to Federal agencies and departments. Language is also included regarding the availability of funds, specifying the amount of funds for 

auditing and associated activities, requiring each designated High 

Intensity Drug Trafficking Area to receive not less than the fiscal 

year 2011 base allocation unless the Director of the Office of National Drug Control Policy determines otherwise and submits a report to the Committees on Appropriations, and requiring reports 

regarding initial allocations and discretionary funding. 

Language under Federal Drug Control Programs, ‘‘Other Federal 

Drug Control Programs’’ provides funds to support matching grants 

to drug-free communities (with an amount specified to be made 

available as directed by section 4 of Public Law 107–82, as amended by Public Law 109–469), anti-doping activities, the U.S. membership dues to the World Anti-Doping Agency and a competitive 

grant program. Language also limits the availability of funds, and 

provides for the transfer of some funds to other Federal departments and agencies. 


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Language under ‘‘Integrated, Efficient and Effective Uses of Information Technology’’ provides funds to remain available until expended; allows funding to be transferred to agencies to carry out 

projects; and requires monthly reports on identified savings by fiscal year, agency and appropriation. 

Language under Special Assistance to the President, ‘‘Salaries 

and Expenses’’, enables the Vice President to provide assistance to 

the President, services authorized by 5 U.S.C. 3109 and 3 U.S.C. 

106, subsistence, and the hire for vehicles. 

Language under Official Residence of the Vice President, ‘‘Operating Expenses’’, provides funds for operation and maintenance of 

the official residence of the Vice President, the hire of vehicles, official entertainment expenses and provides for the transfer of funds 

as necessary. 

TITLE III—THE JUDICIARY

Language is included under Supreme Court, ‘‘Salaries and Expenses’’ permitting certain funds to remain available until expended and specifying certain amounts for specific purposes. 

Language is included under Supreme Court, ‘‘Care of the Building and Grounds’’ permitting funds to remain available until expended. 

Language is included under Courts of Appeals, District Courts, 

and Other Judicial Services, ‘‘Salaries and Expenses’’ providing 

funds are 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 and specifies certain funds remain available until 

expended for specific purposes. Language is also included providing 

funding from the Vaccine Injury Compensation Trust Fund for certain purposes. 

Language is included under Defender Services, providing for the 

compensation and reimbursement of expenses for attorneys, the operation of Federal Defender organizations, training, general administrative expenses and permitting funds to remain available until 

expended. 

Language is included under Fees of Jurors and Commissioners, 

permitting funds to remain available until expended and specifying 

limitations for the compensation of land commissioners. 

Language is included under Court Security, providing for protective guard services and procurement, installation and maintenance 

of security systems and equipment, inspection of mail and packages, directed security patrols, perimeter security and services provided by the Federal Protective Services. Language is included permitting certain funds to remain available until expended, which 

may be transferred to the United States Marshals Service. 

Language is included under Administrative Office of the United 

States Courts, ‘‘Salaries and Expenses’’ providing for travel, the 

hire of passenger motor vehicles, advertising and rent in the District of Columbia. Language is included specifying certain amounts 

for official reception and representation expenses. 

Language is included under Federal Judicial Center, ‘‘Salaries 

and Expenses’’ extending the availability of certain funds for education and training, and specifying certain amounts for official reception and representation expenses. 


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Language is included under United States Sentencing Commission, ‘‘Salaries and Expenses’’ specifying certain amounts for official 

reception and representation expenses. 

TITLE IV—DISTRICT OF COLUMBIA

Language is included under ‘‘Federal Payment for Resident Tuition Support’’ permitting the amount appropriated to remain available until expended; specifying conditions for the use, award, and 

financial accounting of funds; and requiring a quarterly financial 

report. 

Language is included under ‘‘Federal Payment for Emergency 

Planning and Security Costs in the District of Columbia’’ providing 

that the amount appropriated shall remain available until expended for providing public safety at events, including support of 

the United States Secret Service, and to respond to terrorist 

threats or attacks. 

Language is included under ‘‘Federal Payment to the District of 

Columbia Courts’’; (1) providing all amounts under this heading 

shall be apportioned quarterly by the Office of Management and 

Budget and obligated and expended in the same manner as funds 

appropriated for salaries and expenses of other Federal agencies; 

(2) specifying certain amounts for specific purposes; (3) allowing 

funds made available for capital improvements to remain available 

until September 30, 2013, and (4) providing for the reallocation of 

funds. 

Language is included under ‘‘Defender Services in the District of 

Columbia Courts’’: (1) providing that the amount appropriated 

shall remain available until expended; (2) specifying who shall administer these funds; (3) providing that all amounts under this 

heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner 

as funds appropriated for salaries and expenses of other Federal 

agencies; and (4) allowing $10,000,000 to be transferred for courthouse facilities. 

Language is included under ‘‘Federal Payment to the Court Services and Offender Supervision Agency for the District of Columbia’’: 

(1) specifying certain amounts for specific purposes and programs; 

(2) 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; (3) authorizing the 

Director to accept and use gifts to support offender and defendant 

programs and equipment and vocational training services to educate and train offenders and defendants, and details for recording 

the acceptance of such gifts; and (4) authorizing the Director to 

charge fees to cover the costs of training and materials distributed 

at conferences. 

Language is included under ‘‘Federal Payment to District of Columbia Public Defender Service’’ providing that all amounts under 

this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of other Federal agencies and authorizing the collection of fees for materials 

provided at conferences. 


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Language is included under ‘‘Federal Payment to the Criminal 

Justice Coordinating Council’’ specifying that the amount appropriated shall remain available until expended to support initiatives 

related to the coordination of Federal and local criminal justice resources. 

Language is included under ‘‘Federal Payment for Judicial Commissions’’ specifying certain amounts for certain commissions and 

allowing for appropriations to remain available until September 30, 

2013. 

Language is included under ‘‘Federal Payment for School Improvement’’ allowing for appropriations to remain available until 

expended for payments authorized under the Scholarship for Opportunity and Results Act. 

Language is included under ‘‘Federal Payment for the District of 

Columbia National Guard’’ providing funds for the National Guard 

Retention and College Access Program to remain available until expended. 

Language is included under ‘‘District of Columbia Funds’’ (1) limiting the amount provided in this Act for the District of Columbia; 

(2) identifying the source of funds, including a rescission of prior 

year local funds; (3) establishing the District’s intradistrict authority; (4) setting funds subject to the provisions of and allocated and 

expended as proposed in the Fiscal Year 2012 Proposed Budget and 

Financial Plan; (5) providing conditions for increasing the amount 

provided; and (6) directing the Chief Financial Officer to assure the 

District of Columbia meets all requirements, but prohibits the reprogramming of capital projects. 

TITLE V—INDEPENDENT AGENCIES

Language is included for the Administrative Conference of the 

United States for expenses authorized under 5 U.S.C. 591, and for 

official reception and representation expenses. 

Language is included for the Consumer Product Safety Commission, ‘‘Salaries and Expenses’’ that provides funds for expenses, the 

hire of motor vehicles, services as authorized by 5 U.S.C. 3109 

(with a limitation on rates for individuals), nominal awards, official 

reception and representation expenses, and allowing $500,000 to 

remain available until September 30, 2013 for a grant program authorized by section 1405 of Public Law 110–140 (15 U.S.C. 8004). 

Language is included for the Election Assistance Commission, 

‘‘Salaries and Expenses’’ that allows for the transfer of funds to the 

National Institute of Standards and Technology for election reform 

activities. 

Language is included under the Federal Communications Commission, ‘‘Salaries and Expenses’’, permitting funds for uniforms 

and allowances therefor, official reception and representation expenses, purchase and hire of motor vehicles, and special counsel 

fees. Language provides for the assessment and collection of offsetting collections, authorizes retention of such collections, and provides that they remain available until expended. Language removes the availability for obligation of excess collections. Language 

waives existing law concerning proceeds from the use of a competitive bidding system. 

Language is included for the Federal Deposit Insurance Corporation, ‘‘Office of Inspector General’’ that provides for the funds to be 


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derived from the Deposit Insurance Fund, and the FSLIC Resolution Fund, or any successor to these funds. 

Language is included for the Federal Election Commission, ‘‘Salaries and Expenses’’ that specifies funds for reception and representation expenses. 

Language is included for the Federal Labor Relations Authority, 

‘‘Salaries and Expenses’’ that provides funds for services authorized 

by 5 U.S.C. 3109, the hire of experts and consultants, hire of motor 

vehicles, and the rental of conference rooms; authorizes travel payments to public members of the Federal Service Impasses Panel; 

and allows for fees collected to be transferred to and merged with 

the appropriation. 

Language is included for the Federal Trade Commission, ‘‘Salaries and Expenses’’ permitting funds for uniforms and allowances 

therefor, services authorized by 5 U.S.C. 3109, official reception 

and representation expenses, hire of motor vehicles, and contract 

for collection services. Language provides for the crediting and retention of certain fees. Language also prohibits funds from being 

used to implement subsection (e)(2)(B) of section 43 of the Federal 

Deposit Insurance Act. 

Language is included for the General Services Administration, 

‘‘Federal Buildings Fund’’ that allows for revenues and collections 

to be deposited in the Fund; specifies the conditions under which 

funds made available can be used; limits the availability of funds; 

and requires the approval to change the amounts identified. 

Language is included for General Services Administration, ‘‘Government-wide Policy’’ that provides funds for policy and evaluation 

activities associated with the management of real and personal 

property assets and certain administrative services; support responsibilities relating to acquisition, telecommunications, information technology management, and related technology activities; and 

services authorized by 5 U.S.C. 3109. 

Language is included for General Services Administration, ‘‘Operating Expenses’’, that provides funds for expenses for activities 

associated with personal and real property; technology management and activities; information access activities; agency-wide policy direction and management; other support services; and official 

reception and representation expenses. 

Language is included for the General Services Administration, 

‘‘Office of Inspector General’’, that provides funds for information 

and detection of fraud; and for awards in recognition of efforts that 

enhance the office. 

Language is included for the General Services Administration, 

‘‘Information and Engagement for Citizens’’, that provides funds for 

the Office of Citizen Services and to carry out the E-Government 

Act of 2002. Language is also included for the ‘‘Federal Citizen 

Services Fund’’ that authorizes funds to be deposited in the Fund 

and limits the availability of funds in the Fund. 

Language is included for the General Services Administration, 

‘‘Allowances and Office Staff for Former Presidents’’, that allows a 

portion of these funds to be transferred. 

Language is included for the Harry S Truman Scholarship Foundation Trust Fund allowing appropriations to remain available 

until expended. 


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Language is included for the Merit Systems Protection Board, 

‘‘Salaries and Expenses’’, that provides funds for services authorized by 5 U.S.C. 3109, rental of conference rooms, hire of passenger 

motor vehicles, direct procurement of survey printing, official reception and representation expenses, and administration expenses to 

adjudicate retirement appeals, and provides for the transfer of 

some funds. 

Language is included for the Morris K. Udall and Stewart L. 

Udall Foundation to provide funds for tribal leadership and management activities, the Morris K. Udall and Stewart L. Udall Trust 

Fund, and to carry out the Environment Dispute Resolution Act. 

Language is included for National Archives and Records Administration, ‘‘Operating Expenses’’, that provides funds for uniforms 

or allowances therefor, as authorized by 5 U.S.C. 5901 et seq., including maintenance, repairs, and cleaning, the hire of passenger 

motor vehicles, activities of the Public Interest Declassification 

Board, the review and declassification of documents, and the maintenance of the electronic records archive. 

Language is included for National Archives and Records Administration, ‘‘Office of Inspector General’’ that provides funds for the 

hire of motor vehicles. 

Language is included for National Archives and Records Administration, ‘‘Repairs and Restoration’’ that provides funds for the repair, alteration, improvement, and provision of adequate storage; 

allows savings from the John F. Kennedy Presidential Library and 

Museum to remain available for the Archive’s Capital Improvement 

Plan; and provides that funds remain available until expended. 

Language is included for National Archives and Records Administration, ‘‘National Historical Publications and Records Commission Grants Program’’ that provides funds for allocations and 

grants for historical publications and records; and provides that 

funds remain available until expended. 

Language is included under the National Credit Union Administration, ‘‘Community Development Credit Union Revolving Loan 

Fund’’ that provides funds for technical assistance and limits the 

availability of funds. 

Language is included under Office of Government Ethics, ‘‘Salaries and Expenses’’ that provides funds for services authorized by 

5 U.S.C. 3109, rental of conference rooms, hire of passenger motor 

vehicles, and official reception and representation expenses. 

Language is included under Office of Personnel Management, 

‘‘Salaries and Expenses’’ that provides funds for services authorized 

by 5 U.S.C. 3109, medical examinations for veterans, rental of conference rooms, hire of passenger motor vehicles, official reception 

and representation expenses, advances for reimbursements, payment of per diem and/or subsistence allowances, the Enterprise 

Human Resources Integration project, the Human Resources Line 

of Business project, and the transfer of administrative expenses; 

limits the availability of some funds; directs that provisions shall 

not affect other authorities; prohibits funds for the Legal Examining Unit; and authorizes the acceptance of donations under certain conditions. 

Language is included for 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 


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vehicles, rental of conference rooms, and the transfer of administrative expenses. 

Language is included for Office of Special Counsel, ‘‘Salaries and 

Expenses’’ that provides funds for services authorized by 5 U.S.C. 

3109, payment of fees and expenses for witnesses, rental of conference rooms, and the hire of passenger motor vehicles. 

Language is included for the Postal Regulatory Commission, 

‘‘Salaries and Expenses’’ that provides for transfer from the Postal 

Service Fund. 

Language is included for Securities and Exchange Commission, 

‘‘Salaries and Expenses’’ that provides for rental of space, reception 

and representation expenses, a permanent secretariat for the International Organization of Securities Commissions, and consultations 

and meetings hosted by the Commission. Language is included that 

provides for the crediting of offsetting collections. Language provides for the assessment and collection of offsetting collections, authorizes retention of such collections, and provides that they remain available until expended. 

Language is included for Selective Service System, ‘‘Salaries and 

Expenses’’ that provides funds for attendance of meetings, training, 

uniforms, hire of passenger motor vehicles, services authorized by 

5 U.S.C. 3109, and official reception and representation expenses; 

authorizes certain exemptions under certain conditions; and prohibits funds used in connection with the induction of any person 

into the Armed Forces of the United States. 

Language is included for Small Business Administration, ‘‘Salaries and Expenses’’, that provides for hire of motor vehicles and official reception and representation expenses. Language is also included to provide authority to charge fees and credit such fees to 

the account without further appropriation. Language is also included to fund grants. Language is also included for the Loan Modernization and Accounting System. 

Language is included for the Small Business Administration, ‘‘Office of Inspector General’’ that provides funds to carry out the provisions of the Inspector General Act of 1978. 

Language is included for the Small Business Administration, ‘‘Office of Advocacy’’ that provides funds to carry out the provisions of 

the Independent Office of Advocacy Act of 2003 and the Regulatory 

Flexibility Act of 1980 and allows funds to remain available until 

expended. Language is also included authorizing the transfer of 

funds from the ‘‘Salaries and Expenses’’ account to cover required 

administrative and facilities related expenses. 

Language is included for Small Business Administration, ‘‘Business Loans Program Account’’, limiting commitments for certain 

guaranteed loan programs and for providing for the cost of direct 

loans and guaranteed loans. Language is also included authorizing 

the transfer of funds to ‘‘Salaries and Expenses’’ for administrative 

expenses. 

Language is included for the Small Business Administration 

‘‘Disaster Loan Program Account’’ that provides for the transfer of 

funds to the ‘‘Office of Inspector General’’ and to ‘‘Salaries and Expenses’’ and allows funds to remain available until expended. 

Language is included for the United States Postal Service, ‘‘Payment to the Postal Service Fund’’ that provides funds for revenue 

foregone; limits the availability of funds; stipulates that mail for 


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overseas voting and mail for the blind is free; stipulates that 6-day 

delivery and rural mail delivery shall continue at not less than the 

1983 level; prohibits funds from being used to charge a fee to a 

child support enforcement agency seeking the address of a postal 

customer; and prohibits funds from being used to consolidate or 

close small rural and other small post offices. 

Language is included for 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 and services authorized by 5 U.S.C. 3109; and that travel expenses of the 

judges shall be paid upon the written certificate of the judge. 

ADMINISTRATIVE AND GENERAL PROVISIONS

Sections 103, 111, 112, 201, 302, 502, 722 and 813 include legislative transfer authorities. 

Sections 202, 307, 508, and 617 rescind unobligated prior year 

appropriations. 

Sections 101, 102, 104, 105, 106, 107, 108, 109, 110, 113, 114, 

115, 117, 118, 120, 122, 126, 127, 203, 204, 205, 301, 303, 304, 305, 

501, 502, 503, 504, 505, 506, 507, 511, 601, 602, 603, 604, 605, 606, 

607, 608, 609, 610, 612, 613, 614, 616, 618, 619, 620, 621, 622, 623, 

624, 625, 626, 627, 629, 630, 631, 632, 633, 701, 702, 703, 704, 705, 

706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 

720, 721, 723, 724, 725, 726, 727, 729, 730, 731, 732, 733, 734, 735, 

736, 737, 738, 739, 740, 741, 742, 801, 802, 803, 804, 805, 806, 807, 

808, 809, 810, 811, 812, 901, and 902 establish affirmative directions, confer new authorities, or impose new responsibilities on departments or agencies funded by the bill. 

Sections 101, 102, 106, 114, 117, 118, 126, 127, 129, 608, 612, 

623, 632, Title VII do not apply solely to the appropriations within 

this bill. 

Sections 119, 728 propose to state a legislative position. 

Sections 611, 615, 616, 619, 711, 724, 730 waive existing law. 

Sections 116, 121, 123, 124, 125, 128, 129, 306, 308, and 510, 

amend existing law. 

APPROPRIATIONS NOT AUTHORIZED BY LAW

Pursuant to clause 3(f)(1)(B) of rule XIII of the Rules of the 

House of Representatives, the following table lists the appropriations in the accompanying bill which are not authorized by law for 

the period concerned: 


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COMPARISON WITH THE BUDGET RESOLUTION

Pursuant to clause 3(c)(2) of rule XIII of the Rules of the House 

of Representatives and section 308(a)(1)(A) of the Congressional 

Budget Act of 1974, the following table compares the levels of new 

budget authority and outlays provided in the bill with the appropriate allocations made under section 302(b) of the Budget Act. 

[In millions of dollars] 

302b Allocation This bill 

Budget authority Outlays Budget authority Outlays 

Discretionary ................................................................... 19,895 23,523 19,895 *23,523 

Mandatory ....................................................................... 21,455 21,450 21,455 21,450 

* Includes outlays from prior year budget authority. 

FIVE-YEAR OUTLAY PROJECTIONS

Pursuant to clause 3(c)(2) of rule XIII and section 308(a)(1)(B) of 

the Congressional Budget Act of 1974, the following table contains 

five-year projections associated with the budget authority provided 

in the accompanying bill, as provided to the Committee by the Congressional Budget Office. 

[In millions of dollars] 

Outlays 

2012 ..................................................................................................................................................................... 37,347 

2013 ..................................................................................................................................................................... 2,488 

2014 ..................................................................................................................................................................... ¥149 

2015 ..................................................................................................................................................................... ¥554 

2016 and future years ......................................................................................................................................... ¥3,084 

FINANCIAL ASSISTANCE TO STATE AND LOCAL GOVERNMENTS

Pursuant to clause 3(c)(2) of rule XIII and section 308(a)(1)(C) of 

the Congressional Budget Act of 1974, the Congressional Budget 

Office has provided the following estimates of new budget authority 

and outlays provided by the accompanying bill for financial assistance to State and local governments. 

[In millions of dollars] 

Budget authority Outlays 

Financial assistance to State and Local governments for 2012 ........................................... 422 273 

CONSTITUTIONAL AUTHORITY

Pursuant to section 6(e) of the rules of the Committee on Appropriations, the following statement is submitted regarding the specific powers granted to Congress in the Constitution to enact the 

accompanying bill. 

The principal constitutional authority for this legislation is 

clause 7 of section 9 of article I of the Constitution of the United 

States (the appropriation power), which states: ‘‘No Money shall be 

drawn from the Treasury, but in Consequence of Appropriations 

made by Law . . .’’ In addition, clause 1 of section 8 of article I of 

the Constitution (the spending power) provides: ‘‘The Congress 

shall have the Power . . . to pay the Debts and provide for the 

common Defense and general welfare of the United States . . .’’ ToVerDate Mar 15 2010 04:06 Jul 08, 2011 Jkt 067238 PO 00000 Frm 00104 Fmt 6659 Sfmt 6602 E:\HR\OC\HR136.XXX HR136

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gether, these specific constitutional provisions establish the congressional power of the purse, granting Congress the authority to 

appropriate funds, to determine their purpose, amount, and period 

of availability and to set forth terms and conditions governing their 

use. 

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) 

AUTHORITY

The following table provides a detailed summary, for each Department and agency, comparing the amounts recommended in the 

bill with amounts enacted for fiscal year 2011 and budget estimates presented for fiscal year 2012. 


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114 


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115 


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117 


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(121) 

MINORITY VIEWS OF THE HONORABLE NORM DICKS AND 

HONORABLE JOSE ́ E. SERRANO 

The Financial Services and General Government bill funds programs that touch the lives of every American, as consumers, as investors, and as taxpayers. The inadequacy of the subcommittee’s 

allocation requires unsustainable cuts. Those cuts will impact all of 

us by not providing needed resources: (1) for the Securities and Exchange Commission (SEC) and the Consumer Financial Protection 

Bureau (CFPB) to effectively protect consumers and investors, (2) 

for enforcement activities by the Internal Revenue Service (IRS) allowing tax cheats to go undiscovered and revenues to remain uncollected, (3) for needed infrastructure investment through the General Services Administration (GSA) and for a number of agencies 

with budgets almost entirely composed of fixed costs, such as personnel expenses and rent, requiring the furloughing of many thousands of federal and private workers, increasing unemployment, 

and further weakening the fragile economic recovery. 

The subcommittee’s allocation of $19,985,000,000 is 

$1,852,730,000, or 9 percent, below the fiscal year 2011 enacted 

level, which was itself a 10 percent reduction from the fiscal year 

2010 level. Further, this allocation is more than $500,000,000 

below the H.R. 1 level and more than $700,000,000 below the fiscal 

year 2008 enacted level. 

Chairwoman Emerson made every possible effort to ensure a bipartisan process. She has gone above and beyond in terms of cooperation and openness. However, the subcommittee’s allocation 

dictates deep cuts that impact all Americans and we cannot support this bill. 

Failing to Keep Financial Markets Honest 

The Securities and Exchange Commission will receive $222,483,000 less than the President’s 2012 request. As a consequence, SEC will be unable to carry out its new financial oversight responsibilities under the Dodd-Frank Wall Street Reform 

and Consumer Protection Act. It will also hinder the SEC’s ongoing 

efforts to prevent financial crimes by effectively decreasing the 

number of agents able to pursue incoming tips. Under the President’s request, the SEC would have hired staff necessary to implement new responsibilities concerning derivatives, hedge funds, and 

credit rating agencies, which would help mitigate the possibility of 

another financial crisis. The SEC will not be able to increase enforcement, examinations or disclosure reviews under this funding 

level, nor will the agency be able to invest in information technology infrastructure that would enhance oversight of the financial 

markets. Without these important tools, this bill leaves the country 

vulnerable to another fiscal meltdown even as we struggle to recover from the ongoing crisis. 


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Further, the bill places constraints on the Consumer Financial 

Protection Bureau (CFPB) that will severely hamper the agency’s 

ability to protect and inform consumers in the wake of the greatest 

economic recession since the Great Depression. By limiting the 

amount of money the CFPB will be able to receive from the Federal 

Reserve, the bill limits the effectiveness of the agency so consumers 

will not receive the protections they were promised. Better informed consumers and clearer guidelines for complicated financial 

transactions, such as mortgages, benefits all taxpayers and is an 

investment in the future stability of this nation. 

Failing to Keep Tax Cheats Honest at the Expense of an Increasing 

Deficit 

This bill reduces funding for the IRS and will significantly compromise the agency’s ability to discover and pursue tax cheats, 

thereby actually increasing the deficit. With a funding level of 

$11,515,738,000 for fiscal year 2012, the IRS will be forced to furlough between 4,100 and 5,000 employees, mostly enforcement 

agents. This will have a significant impact on the ability of the IRS 

to find tax cheats and will result in an increase in the estimated 

$345,000,000,000 tax gap, which is the difference between the 

amount that taxpayers owe and the amount that is collected. Even 

more troubling is the fact that this cut to IRS funding will increase 

the deficit by approximately $4 billion a year beginning in 2013. 

Every dollar invested in enforcement resources brings in $5 in tax 

revenue. This is exactly the sort of short term cut that will do 

much greater harm than good in the long term. What is surprising 

is the complete reversal made by the subcommittee from previous 

statements about the importance of finding and charging tax 

cheats. In the additional views submitted to the fiscal year 2008 

bill, the then-minority stated ‘‘The bill provides important increases 

for the Internal Revenue Service (IRS) in order to close the nearly 

$300 billion tax gap.’’ This is a troubling retreat from attacking the 

nation’s deficit. 

Failing to Invest in Infrastructure 

The General Services Administration (GSA) Federal Building Fund will see a cut of $2,284,710,000 from the fiscal year 2012 request, which will result in the elimination of 16,000 private-sector 

construction jobs and 40,000 janitorial and maintenance jobs in existing buildings. GSA will stop work on several multi-year, on-going 

construction projects, which will result in costly hold-over leases. 

This reduction also jeopardizes GSA’s ability to meet contractual 

obligations to pay private sector landlords for office space leased by 

the government, possibly leading to termination of leases and costly penalties. This short-sighted cut to infrastructure improvements 

will cost taxpayers more in the long-term than it will save in the 

short-term. 

Again, the majority is displaying a reversal of opinion about 

funding for the GSA, as the additional views attached to the fiscal 

year 2008 bill lamented an amendment that: 

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ations of Federal buildings is estimated at $6,600,000,000. 

The fiscal year 2008 request is considered a minimum to 

operate and maintain GSA’s assets. Limiting repairs and 

alterations funding forces GSA to house Federal workers 

in more commercial leases rather than continue in government-owned buildings at a net cost to the U.S. taxpayer. 

Cutting an additional $31,000,000 from this account just 

digs the GSA into a deeper hole and only delays much 

needed repairs for buildings into the next fiscal year.’’ 

It is important to note that the FY 2008 cut left the GSA’s re- pairs and alterations account funded at $722,161,000, which is 

$442,161,000 above the level recommended in the fiscal year 2012 

bill. The level of $280,000,000 recommended in this bill surely will 

not address the concern the then-minority expressed in fiscal year 

2008. 

Further Troubling Cuts 

The bill provides $6,326,318,000 for the Judiciary, $529,729,000,000 below the fiscal year 2012 request, and will 

weaken the equitable and efficient administration of justice in the 

Federal courts. More than 5,000 support staff will be laid off, which 

is a staffing loss equal to 25% of the workforce. These layoffs will 

include probation officers and pre-trial staff, meaning fewer probation officers to monitor sex offenders and felons, perform law enforcement duties, and protect the general public. The Election Assistance Commission will receive only $6,858,000 

in funding, which will devastate the agency. The agency will no 

longer be able to help states improve their election practices and 

equipment to ensure fair and well-run elections in our nation. 

There are numerous other cuts as well that will cause an erosion 

of consumer protections and assistance to disadvantaged communities. The subcommittee’s allocation requires deep cuts that will 

significantly harm America’s consumers, investors, taxpayers, 

workers, businesses, judiciary, the security of our elections, and 

even our deficit. 

Troubling Policy Riders 

We are also distressed that this bill includes too many controversial policy riders from preventing the IRS from enforcing the individual mandate of the Affordable Care Act to limiting the FCC 

from enforcement of its Net Neutrality rule. The bill once again 

interferes in DC’s local affairs by imposing social policy restrictions 

on how the District can spend its own funds, and provides that no 

funds may be used for the Consumer Product Safety Commission’s 

public database of consumer incidents. This micromanagement is 

not the proper role of Congress and these authorizing issues do not 

belong on an appropriations bill. 

We appreciate the efforts the Chairwoman made to adequately 

fund the Small Business Administration, the High Intensity Drug 

Trafficking Areas Program (HIDTA), and anti-terrorism programs 

at the Department of the Treasury. However, the allocation the 

subcommittee received is simply insufficient to fund all of the important activities in this bill’s jurisdiction. We hope to work with 

the majority to address these issues and look forward to continuing 


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the open and positive process the Chairwoman has fostered; however, in its current form, we cannot support the bill. 

Æ 


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