45–733 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 110–920 

FINANCIAL SERVICES AND GENERAL GOVERNMENT 

APPROPRIATIONS BILL, 2009 

DECEMBER 10, 2008.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. SERRANO, from the Committee on Appropriations, 

submitted the following 

R E P O R T 

together with 

ADDITIONAL VIEWS 

[To accompany H.R. 7323] 

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, 2009. 

INDEX TO BILL AND REPORT 

Page number 

Bill Report 

Introduction to the Financial Services and General Government Appropriations Bill ...................................................................................... ........ 2 

Operating plan and reprogramming procedures ..................................... ........ 10 

Relationship with budget offices ............................................................... ........ 11 

Quality of budget justification documents ............................................... ........ 11 

Committee hearings ................................................................................... ........ 12 

Program, project, and activity ................................................................... ........ 12 

Title I—Department of the Treasury ....................................................... 2 12 

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

the President ........................................................................................... 18 36 

Title III—The Judiciary ............................................................................. 33 47 

Title IV—District of Columbia .................................................................. 44 53 

Title V—Independent Agencies: ................................................................ 58 59 

Consumer Product Safety Commission ............................................. 58 59 

Election Assistance Commission ........................................................ 58 60 

Federal Communications Commission .............................................. 59 63 


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Page number 

Bill Report 

Federal Deposit Insurance Corporation ............................................ 61 65 

Federal Election Commission ............................................................. 61 65 

Federal Labor Relations Authority .................................................... 61 66 

Federal Trade Commission ................................................................ 62 66 

General Services Administration ....................................................... 64 68 

Merit Systems Protection Board ........................................................ 77 79 

Morris K. Udall Foundation ............................................................... 78 79 

National Archives and Records Administration ............................... 79 80 

National Credit Union Administration ............................................. 81 84 

Office of Government Ethics .............................................................. 81 85 

Office of Personnel Management ....................................................... 82 85 

Office of Special Counsel .................................................................... 85 89 

Postal Regulatory Commission .......................................................... 86 90 

Privacy and Civil Liberties Oversight Board .................................... 86 90 

Securities and Exchange Commission ............................................... 87 91 

Selective Service System .................................................................... 88 93 

Small Business Administration ......................................................... 89 93 

United States Postal Service .............................................................. 94 102 

United States Tax Court .................................................................... 95 103 

Title VI—General Provisions—This Act ................................................... 95 104 

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

Agencies, and Corporations ................................................................... 104 106 

Title VIII—General Provisions, District of Columbia ............................. 140 110 

House of Representatives Report Requirements: 

Constitutional authority ..................................................................... ........ 111 

Statement of general performance goals and objectives .................. ........ 111 

Appropriations not authorized by law ............................................... ........ 111 

Transfers of funds ............................................................................... ........ 113 

Compliance with rule XIII, clause 3(e) (Ramseyer rule) ................. ........ 115 

Rescissions ........................................................................................... ........ 126 

Changes in the application of existing law ....................................... ........ 126 

Comparison with the budget resolution ............................................ ........ 137 

Five-year outlay projections ............................................................... ........ 137 

Financial assistance to state and local governments ....................... ........ 138 

Earmarks ............................................................................................. ........ 138 

Full Committee votes .......................................................................... ........ 151 

Tabular summary of the bill .............................................................. ........ 152 

Additional Views ........................................................................................ ........ 168 

INTRODUCTION TO THE FINANCIAL SERVICES AND GENERAL

GOVERNMENT APPROPRIATIONS BILL

The programs funded within the Financial Services and General 

Government Appropriations Bill touch the lives of nearly every 

American. 

• Anyone who completes a Federal income tax form relies on 

the Internal Revenue Service programs in this bill. 

• Small business owners and their customers benefit from 

the Small Business Administration’s activities to promote entrepreneurship and the growth of small enterprises. 

• Consumers who are worried about dangerous toys and 

other products can turn to the Consumer Product Safety Commission for help in removing these products from the shelves. 

• A citizen voting in a Federal election is more confident 

that his or her vote will be counted accurately because of the 

funding provided for Help America Vote Act programs. 

• If an American walks into a Federal office building or 

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cause of capital investments made by the General Services Administration. • Federal civilian employees of the Executive and Judicial 

branches of government—roughly two million people—are directly affected by this bill in terms of their pay and work environment. 

The list of examples goes on. Every agency funded by this bill 

has an important role in the basic operation of the United States 

Government. This bill can be referred to as the ‘‘good government 

bill’’ since the funding it provides is essential to meeting the high 

standards the American public should demand from its government. 

Unfortunately, over the past several years, government services 

have become deficient in many respects. There is a lot of work to 

be done to correct the penurious fiscal policies that have hamstrung the government’s ability to fulfill important missions and 

serve the public. The American people deserve better. The fiscal 

year 2008 version of this bill began an effort to reverse this trend, 

and the fiscal year 2009 bill will continue with that effort. This bill 

will focus on supporting several programs and activities that are 

important to serving the American people, including programs relating to consumer protection, financial education and assistance, 

small business development, and the basics of good government 

services. 

Consumer protection: 

Consumer protection is one of the key areas of emphasis for this 

bill. Several agencies receive appropriations to support activities 

that safeguard consumers. 

The Consumer Product Safety Commission (CPSC) is charged 

with reducing the unreasonable risk of injury associated with more 

than 15,000 consumer products. The CPSC announced 472 product 

recalls during fiscal year 2007, which included a number of wellpublicized recalls of unsafe children’s products. However, the Commission’s effectiveness in recent years was hampered by the loss of 

staff and the lack of resources to support innovative information 

technology and product testing infrastructure. This severely limited 

the Commission’s capacity for early identification of product hazards, vigorous compliance activities, and dissemination of consumer 

information. 

The fiscal year 2008 Financial Services appropriations bill provided a substantial (27.7 percent) increase in the CPSC’s budget to 

bring the Commission back on track. The Commission is expected 

to staff up to 444 positions by the end of fiscal year 2008, which 

will, among other things, substantially improve its ability to inspect imported products at our nation’s ports of entry. The upgrade 

of the Commission’s product testing laboratory will also be well underway. For fiscal year 2009, this bill continues the progress toward restoring the strength of the CPSC by providing an appropriation of $100,000,000. 

The Federal Trade Commission (FTC) is another agency with significant consumer protection responsibilities. The Commission actively fights and prosecutes financial fraud, including deceptive and 

unfair practices relating to subprime mortgage lending. The FTC 

also takes actions to enhance corporate data security, guard 


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against identity theft, and ensure privacy. Consumer privacy has 

become a major issue with the growth of Internet commerce, and 

the FTC should be working to increase consumer confidence that 

personal information transmitted over the Internet will not be used 

in illegal, intrusive, or inappropriate ways. In addition to its consumer protection mission, the FTC maintains a vigorous antitrust 

program. This program also benefits consumers by keeping prices 

low through the promotion of competition. Included in this bill is 

a fiscal year 2009 appropriation for the FTC of $259,200,000. 

Another regulatory agency with a consumer protection role is the 

Federal Communications Commission (FCC). The FCC oversees a 

rapidly changing and expanding telecommunications environment 

that determines how we use television, radio, the Internet, and 

telephones. Perhaps the most prominent example of how consumers 

are affected by the FCC relates to the upcoming switch from analog 

to digital signals for television broadcasting. The FCC has adopted 

rules and conducted consumer education programs to prepare the 

nation for the digital television transition. This effort must be expanded to ensure that all consumers are aware of their options 

leading up to the February 17, 2009 transition date. The FCC also 

acts to protect consumers from privacy violations such as the unauthorized use of phone records. To help expand all of these consumer-related activities, this bill includes a funding increase of 

$25,875,000 over the current fiscal year. 

Investor protection needs to be strengthened along with other 

forms of consumer protection. The Securities and Exchange Commission (SEC) oversees over 10,000 publicly traded companies, 

about 10,800 investment advisers, and roughly 6,000 broker dealers. A major function of this oversight is the promotion of confidence in the nation’s capital markets. If investors lose confidence 

in these markets, they will not function successfully. The SEC’s investigation and enforcement activities are essential to assuring investors that the markets are fair. This bill includes $928,000,000 

for the SEC. 

Financial education and assistance: 

This bill works to promote financial education and assistance in 

a number of ways. Programs supporting financial literacy and education, assistance to taxpayers, and financial services to disadvantaged communities are among the efforts funded within this bill. 

Financial literacy: Funding is provided for the Office of Financial 

Education at the Department of the Treasury, which works to promote nationwide access to financial education tools related to saving, credit management, home ownership and retirement planning. 

It also coordinates the activities of the Financial Literacy and Education Commission, chaired by the Secretary of the Treasury and 

comprised of representatives from 20 Federal departments, agencies, and commissions. The Financial Literacy and Education Commission is involved in developing the Federal Government’s National Strategy for Financial Literacy. 

The bill also funds the SEC’s investor education programs, which 

are implemented through the Commission’s Office of Investor Education and Outreach. This Office distributes information, participates in educational events, and performs related tasks designed to 

increase investors’ ability to make informed investment decisions. 


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A specific focus of the Office is education for senior citizens, who, 

unfortunately, are frequent targets of investment fraud. 

Taxpayer Assistance: The Commissioner of Internal Revenue 

noted in testimony before the subcommittee that ‘‘the Internal Revenue Service and its employees represent the face of U.S. government to more American citizens than any other government agency.’’ This bill places a strong emphasis on the taxpayer service 

function of the IRS by providing $2,210,000,000 for Taxpayer Services. The IRS provides a variety of services to taxpayers to help 

them comply with their tax obligations, through the IRS web site, 

1–800 help line, IRS Taxpayer Assistance Centers, the IRS Taxpayer Advocate Service, partnerships with non-profit organizations, 

and other efforts. Currently, the IRS is working with the National 

Taxpayer Advocate and the IRS Oversight Board to develop and 

implement the congressionally mandated Taxpayer Assistance 

Blueprint, aimed at crafting long-term taxpayer services strategies 

that address the needs and preferences of taxpayers. 

As the IRS has frequently noted, both taxpayer service and tax 

law enforcement are important components in ensuring tax compliance; it is not an either/or proposition. As is also the case with IRS 

enforcement, IRS taxpayer services require a significant funding 

commitment from the Federal Government every year. However, 

the Committee believes it is important to note that while taxpayer 

services cost money, they ultimately save far more money, for two 

reasons. 

First, taxpayer services help honest taxpayers navigate the complexities of the tax system, making it more likely that taxpayers 

will file correct returns. This allows the IRS to minimize the number of enforcement actions taken after the fact against honest taxpayers, allowing the IRS to allocate its enforcement resources more 

fairly and efficiently, toward cases of truly criminal tax fraud. 

Second, taxpayer services help bring additional revenue to the 

U.S. Treasury by ensuring that taxpayers ultimately understand 

their tax obligations and pay what they owe. The IRS has estimated that the ‘‘tax gap,’’ the difference between what is owed annually and what is paid on time, is $345 billion. A sustained commitment to funding taxpayer services will help reduce the tax gap 

by bringing in more revenue to help pay for important government 

services. 

The Community Development Financial Institutions (CDFI) 

Fund: The CDFI Fund helps enhance the ability of community development financial institutions to provide credit, capital, and financial services—including financial education—to underserved 

populations and economically distressed communities. In support of 

these efforts, the bill provides $105,000,000 for the CDFI Fund, 

which is $76,380,000 over the President’s request. The appropriation for the CDFI Fund is a wise and cost-effective investment that 

will help expand both low-cost financial services and economic development in distressed communities throughout the country. 

The CDFI Fund has played an important and helpful role in 

communities suffering the most from the housing crisis. An estimated 60 percent of community development financial institutions 

engage in mortgage-related activities, such as offering affordable 

mortgage products, mortgage counseling, financial education and 

homebuyer education courses, and downpayment assistance. Of the 


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financial and technical assistance grants awarded by the CDFI 

Fund in fiscal year 2007, 35 percent were awarded to entities that 

are involved in addressing the problems of predatory lending and 

housing foreclosures. Increased appropriations for the CDFI Fund 

will allow for more of these efforts by community development financial institutions across the country. 

In addition, CDFI Fund investments are used by community development banks and credit unions to expand financial services to 

unbanked customers who too often must rely on expensive payday 

lenders and other high cost financial services. The funding provided in this bill will allow tens of thousands of low-income individuals to open bank accounts and obtain alternatives to payday 

loans. 

Small business development: 

Small businesses are facing difficult challenges as the economy 

weakens and turmoil continues in the credit markets. Tighter and 

more expensive credit makes it more difficult for small enterprises 

to invest in improvements, hire more employees (or keep the ones 

they have), and expand into new markets. This is especially true 

for the smallest of these enterprises—those with 20 or fewer employees. The smaller the company, the more difficult it is to find 

adequate sources of financing. Smaller enterprises rely on credit 

cards more than any other type of financing and pay high rates of 

interest on their credit card balances. 

The success of small businesses is crucial to the health of the nation’s economy. According to the Small Business Administration 

(SBA), small businesses employ about half of all nonfarm private 

sector workers and pay more than 45 percent of the nation’s total 

private payroll. They create 60 to 80 percent of net new jobs entering the economy. 

The SBA operates many programs, such as its flagship 7(a) loan 

guarantee program, that make it easier for small companies to find 

financing. Another helpful credit program to the smallest businesses is the SBA Microloan program. This program supports loans 

that assist businesses with financing needs of $35,000 or less. The 

Committee is concerned about how the turmoil in the credit markets is affecting the availability of capital for small businesses. 

SBA programs should be helping during this time to increase access to capital, but loans under the 7(a) program have declined substantially during the first half of 2008. The Committee notes that 

borrowers participating in the 7(a) program have faced increases in 

fees and interest rates over the past few years, which make such 

financing more expensive. Similarly, the Administration’s proposals 

for the Microloan program would increase the cost of capital for 

participating small businesses. This, in turn, hurts the ability of 

these businesses to invest, expand, and create jobs. This bill supports small businesses by appropriating funds for both the 7(a) and 

Microloan programs. 

The Administration has also proposed reduced funding for grants 

to Small Business Development Centers (SBDCs). The fiscal year 

2008 Financial Services bill provided $97,120,000, an increase of 

about $10,000,000 from the prior year, for SBDCs so that they may 

grow in their mission of providing a wide array of counseling services and training to entrepreneurs in their communities. This bill 


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continues the commitment to this program by providing 

$110,000,000. SBDCs have demonstrated track records of helping 

businesses succeed and grow, which in turn generates increased 

local, state, and Federal tax revenues. Based on a study of the economic impact of SBDCs, a $10 million reduction in funding for 

SBDCs (which is called for in the Administration’s budget) translates into an estimated loss of $24.9 million in tax revenues. Clearly, proposals for cuts to this program are penny wise and pound 

foolish. 

These cuts to small business programs fall hardest on entrepreneurs who are struggling to lift themselves and their families 

out of poverty. Small businesses in disadvantaged, low-income, and 

underserved communities must overcome tremendous challenges to 

be successful, and they can least cope with cutbacks in assistance. 

This bill promotes efforts to help these businesses, including increased funding for the Program for Investment in Microentrepreneurs (PRIME), which is targeted toward low- and very low-income small business owners. Funding for PRIME increases from 

$3,000,000 to $6,000,000 in this bill. 

In addition to the SBA, Treasury’s CDFI Fund is an important 

factor in the success of small businesses in underserved and distressed communities. By providing grants, loans, capital investments, and technical assistance to community development banks, 

community development credit unions, microenterprise loan funds, 

and similar financial institutions, the CDFI Fund spurs small business growth and economic development. As noted previously, this 

bill includes $105,000,000 for the CDFI Fund. 

Supporting the basics of good government: 

The Federal Government must have adequate resources to deliver effective services to the nation. These resources include both 

well-trained and responsive human capital and up-to-date physical 

capital. Unfortunately, the needs of both the Federal workforce and 

Federal facilities have been neglected for too long. The current Administration has cut back on resources for basic government services, relied more on contractors and less on career civil servants, 

and allowed the physical infrastructure of government to deteriorate. There has been too little emphasis on strengthening the Federal workforce so that it has the best skills to accomplish the missions of its agencies. These ill-advised policies result in a government that is distant from the people it should serve; government 

needs to return to being accessible and helpful to all Americans. 

Government contracting oversight: In fiscal year 2007, the U.S. 

Government spent $430 billion in contracts, which is over three 

percent of the nation’s entire Gross Domestic Product. It is also a 

96 percent increase over the contracting level when the current Administration entered office. The sheer volume of Federal contracting, and the little oversight that seems to accompany many 

major procurements at the agency level is of concern to the Committee, and this concern is shared by others. The Government Accountability Office continues to rank government contracting as a 

high-risk area, and independent reports have confirmed that contracting is a key challenge for the government. There has been little cross agency strategy and a general lack of oversight once contracts have been awarded. Unfortunately, the Iraq war has demVerDate Aug 31 2005 07:09 Dec 11, 2008 Jkt 045733 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\HR920.XXX HR920

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onstrated the problems that arise when contractors are granted 

free reign to pursue their own tactics with little guidance from the 

contracting officers and agency leaders. The BlackwaterUSA debacle, the Halliburton no-bid contracts and overcharges, and revelations about improper influence relating to a $50 million Air Force 

contract are just a few examples. The government must gain control over its contracts. It must do a better job of recognizing problems before they become untenable, setting clear objectives and 

controls in the contracts, and not allowing contracting firms to gain 

monopoly status over agency objectives. This bill provides funding 

for the General Services Administration (GSA), which manages an 

annual business volume of nearly $50 billion in contracts, roughly 

11 percent of total Federal procurements. The Committee expects 

GSA and its Inspector General to exercise vigorous oversight over 

these contracts. The bill also provides funding for the Office of 

Management and Budget, which, through its Office of Federal Procurement Policy, should play an essential role in government-wide 

contracting oversight. 

The Committee is also concerned about the potential 

vulnerabilities in the Federal workplace stemming from the increasing number of Federal contract employees present at agency 

offices. Contractor employees are increasingly working side-by-side 

with Federal career employees, and in many cases these contractors are the face that the public sees when they are interacting 

with an agency. An important difference between a Federal employee and a contractor employee is that the contractor is ultimately responsible to the company that employees him or her, not 

the Government and the American taxpayer. Contract employees 

are also not always subject to the same ethical safeguards as Federal employees; safeguards that are designed to ensure the integrity of the Federal workplace. This is disconcerting because contract employees may be exposed to a variety of ethically questionable situations resulting from their serving in the capacity of Federal employees. These include financial conflicts of interest, impartiality, misuse of information, misuse of authority, and misuse of 

government property. The Committee is encouraged that the Administration has taken steps through its Federal Acquisition Council to promote contract employee ethics, but would like to see further action taken to strengthen contractor ethics requirements. Included in this bill is funding for the Office of Government Ethics, 

an agency which can help address this important issue. 

Federal workforce: The Federal workforce performs essential 

work to deliver services to Americans. Federal workers do everything from protecting our public airports to administering programs that ensure our seniors have an adequate standard of living. 

The continuity of their work is essential. It has been well-publicized that a retirement ‘‘tsunami’’ is forthcoming, and the resulting loss of experience and institutional knowledge could cripple the 

Federal Government’s ability to fulfill its basic responsibilities. 

Therefore, the Committee recommends that all Federal agencies, 

through guidance from the Office of Personnel Management (OPM), 

take further steps to ensure that the Federal workforce will be adequately staffed for years to come and that adequate succession 

plans are in place. 


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The Committee is also concerned that strategic human capital 

management has been on the Government Accountability Office’s 

high-risk list since 2001. While improvements have been made 

since 2001, agencies still struggle with how to best recruit, compensate, train, and motivate employees. OPM plays a critical role 

in guiding Federal human capital management. The Committee 

strongly encourages OPM to use the resources provided in this bill 

to strengthen strategic human capital management throughout the 

Federal Government. 

As part of this effort, the Committee believes that Federal agencies should take further steps toward workforce recruiting within 

the United States territories. The territories are home to thousands 

of U.S. citizens who may not be fully aware of the opportunities 

that exist within the Federal Government. Some agencies have 

taken steps to recruit from the territories, but others have not yet. 

The Committee recommends that OPM spearhead the effort to encourage individual agency human resource offices to take advantage of the talent pool that exists in these territories. 

Finally, laws that ensure that Federal workers are adequately 

protected against prohibited personnel practices need to be more 

vigorously enforced. These practices include, but are not limited to: 

discrimination of any nature, whistleblower retaliation, and political coercion. All of these practices are unacceptable. Federal agencies need to be on the offensive to prevent these prohibited personnel practices. The Committee recommends that each agency create the necessary policies or review their existing policies to educate employees and to prevent such activities, and that plans are 

in place to remedy such a situation should it ever occur. 

Election administration: Citizens need to be confident that when 

they cast a vote in an election, their votes are private and secure, 

the votes will be accurately counted, their polling places are accessible, and the way in which they cast their votes is clear and understandable. Unfortunately, the nation’s experience in recent elections has raised more questions than answers and more concerns 

than assurances regarding these issues. Following the disputed 

2000 election, Congress passed the Help America Vote Act of 2002 

(HAVA) and established the Election Assistance Commission to 

help States and local units of government with election administration matters. 

This bill includes a total of $134,559,000 for the Election Assistance Commission. This amount includes funds to help States meet 

requirements under HAVA, research new technology to help make 

voting systems more accessible for the disabled, improve the testing and verification of voting systems, recruit and train badly needed poll workers, and give students a firm foundation in the electoral process through mock elections. These efforts will further 

demonstrate Congress’s commitment to improve the way our election process works. 

Physical infrastructure investment: Across the nation, GSA owns 

or leases over 340 million square feet of space comprising 8,920 

buildings. In addition to office buildings where people perform the 

business of the Federal Government, GSA constructs other types of 

public buildings, such as border stations and courthouses. In the 

last two years, this Committee has invested nearly $16 billion in 

the infrastructure of the country’s Federal assets, including fundVerDate Aug 31 2005 07:09 Dec 11, 2008 Jkt 045733 PO 00000 Frm 00009 Fmt 6659 Sfmt 6602 E:\HR\OC\HR920.XXX HR920

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ing for six Federal courthouses, and reconstruction of one of the 

most congested border crossings in the world. 

These infrastructure investments are guided by policies that 

strive to achieve excellence in many areas including energy efficiency, sensitivity to historical preservation, and urban development requirements. Infrastructure investments serve the nation as 

a whole by supporting facilities the government uses to carry out 

its business, but these investments also contribute to the strength 

and growth of the surrounding local communities. 

OPERATING PLAN AND REPROGRAMMING PROCEDURES

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

Committee in an agency’s budget justifications and supporting documents, which are the basis of this appropriations Act. The Committee expects agencies’ reprogramming requests to thoroughly explain 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 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) 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. 

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 budgVerDate Aug 31 2005 07:09 Dec 11, 2008 Jkt 045733 PO 00000 Frm 00010 Fmt 6659 Sfmt 6602 E:\HR\OC\HR920.XXX HR920

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et request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; 

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

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

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

of items of special congressional interest. 

RELATIONSHIP WITH BUDGET OFFICES

Through the years, the Committee has channeled most of its inquiries and requests for information and assistance through the 

budget offices of the various departments, agencies, and commissions. There is a natural relationship between the work of the 

budget offices and the work of the Committee. Some agencies, however, direct that all congressional communications, both formal and 

informal, flow through their congressional liaison offices. While the 

Committee appreciates the work done by these offices and will continue to maintain strong working relationships with them, the 

Committee must insist on direct lines of communication with the 

budget offices. The nature of the Committee’s work requires responsiveness from agencies that should not be hindered by layers 

of bureaucracy or filtered through third parties. This is particularly 

true with respect to technical budget assistance that the Committee relies upon the budget offices to provide. The Committee 

also reserves the right to call upon program and other offices as 

necessary. 

QUALITY OF BUDGET JUSTIFICATION DOCUMENTS

Agencies are urged to work with the Committee to improve budget justification documents’ quality and presentation by including 

relevant and specific budget and program information. The Committee recognizes and appreciates those agencies that have done so 

for the fiscal year 2009 budget. However, the Committee continues 

to be concerned about incomplete and inadequate budget justifications. The Committee believes that all budget justifications should 

include an explanation of each program, project, and activity’s mission and purpose, along with a specific explanation of the proposed 

increases or decreases in funding from the current year. The Committee is concerned that there is an overemphasis in many budget 

justifications on subjective and misleading performance evaluation 

measures, specifically the Office of Management and Budget’s Program Assessment Rating Tool (PART). 

Agencies should not consider PART evaluations to be a substitute for meaningful programmatic and budget data that the 

Committee relies on to prepare its bills. Further, the Committee 

strongly encourages the Administration to use a meaningful system 

of evaluation to justify proposed program funding levels, with such 

a system using factors that are objective, relevant, and developed 

in a collaborative manner with Congress. The Committee finds little use for a budget justification that does not reveal specific details 

of the measurable indicators and standards used to evaluate a program’s performance, relevance, or adherence to underlying authorization statute. Further, the Committee has little patience for agency heads who cannot explain the rationale behind a program’s 

funding level other than ‘‘the PART score,’’ ‘‘getting to green,’’ or 


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‘‘this is what OMB directed.’’ The Committee welcomes the input 

from the agencies regarding program evaluation measures. 

Additionally, the Committee is extremely concerned about agencies that are late in submitting their budget justification documents. While the vast majority of agencies submitted their fiscal 

year 2009 budget documents on time, some agencies did not submit 

them until well after the President’s budget was presented to Congress. That is inexcusable and will not be tolerated by the Committee. 

COMMITTEE HEARINGS

The Committee has conducted extensive hearings on the programs and projects provided for in this bill. Pursuant to House 

rules, each of these hearings was open to the public. The Committee received testimony from agency heads and other officials of 

the executive branch in areas under the bill’s jurisdiction, as well 

as from certain non-government organizations that participated in 

these hearings. In addition, the Committee has considered written 

material submitted for the hearing record by private citizens and 

organizations. The bill recommendations for fiscal year 2009 have 

been developed after careful consideration of all the information 

available to the Committee. 

PROGRAM, PROJECT, AND ACTIVITY

During fiscal year 2009, for the purposes of the Balanced Budget 

and Emergency Deficit Control Act of 1985 (Public Law 99–177), as 

amended, with respect to appropriations contained in the accompanying bill, the terms ‘‘program, project, and activity’’ shall mean 

any item for which a dollar amount is contained in an appropriations Act (including joint resolutions providing continuing appropriations) or accompanying reports of the House and Senate Committees on Appropriations, or accompanying conference reports and 

joint explanatory statements of the committee of conference. This 

definition shall apply to all programs for which new budget 

(obligational) authority is provided. 

TITLE I—DEPARTMENT OF THE TREASURY 

DEPARTMENTAL OFFICES

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2008 ......................................................... $248,360,000 

Budget request, fiscal year 2009 ....................................................... 273,895,000 

Recommended in the bill ................................................................... 275,395,000 

Bill compared with: 

Appropriation, fiscal year 2008 ...................................................... +27,035,000 

Budget request, fiscal year 2009 ................................................... +1,500,000 

The Departmental Offices’ function in the Treasury Department 

is to provide basic support to the Secretary of the Treasury, the 

chief operating executive of the Department. The Secretary also 

has a primary role in formulating and managing the domestic and 

international tax and financial policies of the Federal Government. 

The Secretary’s responsibilities funded by the Salaries and ExVerDate Aug 31 2005 07:09 Dec 11, 2008 Jkt 045733 PO 00000 Frm 00012 Fmt 6659 Sfmt 6602 E:\HR\OC\HR920.XXX HR920

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penses appropriation include: recommending and implementing 

United States domestic and international economic and tax policy; 

providing recommendations regarding fiscal policy; governing the 

fiscal operations of the Government; maintaining foreign assets 

control; managing the public debt; managing development of financial policy; representing the United States on international monetary, trade and investment issues; overseeing Treasury Department 

overseas operations; directing the administrative operations of the 

Treasury Department; and providing executive oversight of the bureaus within the Treasury Department. 

COMMITTEE RECOMMENDATION

The Committee recommends $275,395,000 for Departmental Offices, Salaries and Expenses, $1,500,000 above the budget request 

and $27,035,000 above the amounts provided in fiscal year 2008. 

The funding recommendations are made based on information included in the budget justification. Language is included allowing 

the Department to transfer up to 4 percent between activities upon 

notification. Transfers may be made in excess of 4 percent upon approval of the House and Senate Appropriations Committees. Funds 

are to be allocated as follows: 

Executive Direction ............................................................................... $21,592,000 

Economic Policies and Programs .......................................................... 45,853,000 

Financial Policies and Programs .......................................................... 35,435,000 

Terrorism and Financial Intelligence ................................................... 62,012,000 

Treasury-wide Management Policies and Programs ........................... 19,009,000 

Administration Programs ...................................................................... 91,494,000 

The Committee includes in its recommendation $258,000 for unforeseen emergencies; $5,232,443 for the Treasury-wide Financial 

Statement Audit and Internal Control program, which is available 

until September 30, 2010; $3,000,000 for information technology 

modernization requirements, which is available until September 

30, 2010; $500,000 for secure space requirements, which is available until September 30, 2010; $1,100,000 available until September 30, 2010, for hiring of personnel whose work will require 

a security clearance investigation in order to perform highly classified work; $3,400,000 for development and implementation of programs within the Office of Critical Infrastructure Protection and 

Compliance Policy, which is available until September 30, 2011; 

$3,000,000 for modernization of the Office of Debt Management’s 

information technology, which is available until September 30, 

2011; and $150,000 for official reception and representation expenses. 

OPERATING PLAN

The Committee directs the Department, upon enactment of the 

fiscal year 2009 Appropriations Act, to submit an operating plan 

for the fiscal year 2009 resources provided to the Department, including all offices and bureaus, not more than 60 days after enactment. This requirement is further addressed by section 608 of this 

Act. The plan must include information on program increases and 

major procurements at the Department. The operating plan should 

incorporate input from all senior level managers of the Department, and once submitted, the final plan should be made available 

to those managers. 


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FINANCIAL EDUCATION

Within the Financial Policies and Programs budget activity, the 

Committee provides an increase of $700,000 above the amount assumed in the President’s request for the Department’s Office of Financial Education. The Committee directs that this increase be 

specifically targeted toward financial education efforts aimed at elementary schools and high schools, as well as efforts aimed at combating predatory lending. 

FORECLOSURE CRISIS

The Committee notes that there continues to be a sharp rise in 

foreclosures associated with subprime and other alternative mortgages. The rise in foreclosures has led to multiple problems. Not 

only have hundreds of thousands of families lost their homes, but 

millions more homeowners have seen a decline in their home values as a result of being located near foreclosed homes. In 2007, the 

Department of the Treasury announced it had helped broker an alliance of mortgage lenders, servicers, counselors, and investors, 

known as the HOPE NOW alliance, to help homeowners stay in 

their homes, through loan repayment plans, loan modifications, 

and other potential remedies. 

However, a great many mortgages are not included in this voluntary initiative, including mortgages whose interest rate resets 

began prior to 2008, mortgages in which the homeowner has been 

more than 60 days delinquent on more than one payment over the 

past year, and others. A large number of these homeowners have 

entered, or soon will enter, foreclosure. In March 2008, nearly 3 

percent of homes that were once owner-occupied were vacant, up 

from less than 2 percent in 2005 and the highest level since the 

Census Bureau began publishing the number in 1956. In addition, 

the State Foreclosure Prevention Working Group, composed of 

state attorneys general and state banking regulators, reported in 

April 2008 that seven out of every ten seriously delinquent borrowers were not on track for any loss mitigation outcome. 

The Committee is greatly concerned that the total number of 

loan modifications has been, and continues to be, far exceeded by 

the number of foreclosures. During the first two months of 2008, 

for example, more than three times as many borrowers entered 

foreclosure as received loan modifications. Furthermore, the Secretary of the Treasury himself has noted that the worst of the foreclosure crisis is still to come. The Committee is aware that Congress has been working to address this issue. At the same time, 

however, the Committee strongly urges the Department to step up 

its efforts to prevent foreclosures by all available means, including 

stepping up efforts to encourage HOPE NOW participants and others to make necessary mortgage modifications. 

THE OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE

The Committee recommends $62,012,000 for the Office of Terrorism and Financial Intelligence, an increase of $300,000 above 

the President’s request and $5,237,000 above amounts provided in 

fiscal year 2008. Within the funds for the Office of Foreign Assets 

Control, not less than $300,000 is provided to increase, above fiscal 


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year 2008 levels, efforts to reduce the backlog of Freedom of Information Act (FOIA) requests. 

OFAC AND CUBA

The Committee is greatly concerned by the resource allocation 

decisions being made by OFAC, as noted in a November 2007 report from the Government Accountability Office (GAO). The Committee wishes to emphasize that OFAC’s resource allocation decisions should be made on the basis of the most pressing national security threats facing the United States. OFAC is responsible for administering and enforcing more than 20 economic and trade sanctions programs, based on U.S. foreign policy and national security 

goals, against targeted foreign countries, terrorists, international 

narcotics traffickers, and proliferators of weapons of mass destruction. Yet, as the GAO report points out, Cuba embargo-related 

cases comprised 61 percent of OFAC’s investigatory caseload from 

2000 through 2006. In contrast, Cuba embargo-related cases comprise a minor part of the investigation caseloads of the Commerce 

Department’s Bureau of Industry and Security (BIS)/Office of Export Enforcement and the Department of Homeland Security’s Bureau of Immigration and Customs Enforcement (3 percent and 0.2 

percent, respectively). 

In addition, OFAC penalties for Cuba embargo violations represented more than 70 percent of OFAC’s total penalties between 

2000 and 2005. The report notes that most of these penalties were 

for infractions such as purchasing Cuban cigars. By contrast, Cuba 

embargo penalties comprised just 0.16 percent of the total penalties 

of BIS during the period of 2002–2006. The Commerce Department, 

the Department of Homeland Security’s Bureau of Immigration and 

Customs Enforcement, and the Justice Department reported undertaking relatively few investigations, penalties, and prosecutions of 

Cuba embargo violations. 

The Committee strongly concurs with GAO’s recommendation 

that the Secretary of the Treasury direct OFAC to assess its allocation of resources for investigating and penalizing violations of the 

Cuba embargo with respect to the numerous other sanctions programs OFAC administers. The Committee directs the Department 

to report to the Committee within 60 days of enactment of this Act 

as to the steps it is taking to assess OFAC’s allocation of resources, 

along with any plans to reallocate OFAC resources. The Committee 

additionally directs the Department to provide, as part of its fiscal 

year 2009 operating plan, the following information: 

(1) for each fiscal year from 2001 to 2008, the following information related to OFAC’s Cuba-related licensing: • the number of family travel licenses issued, as well as the 

number denied; • the number of religious travel licenses issued; as well as 

the number denied; • the number of academic travel licenses issued; as well as 

the number denied; • the number of licenses issued for the various categories of 

permissible travel; • the number of licenses denied for the various categories of 

permissible travel; • the number of fines issued; 


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• the average amount of fines; • the total amount (in dollars) of fines issued per violation 

category; • the number of Cuba travel service providers receiving licenses; • the names of Cuba travel service providers receiving licenses; • the number of Full-time Equivalents (FTE) used for 

issuing Cuba licenses; and • the number of FTE used for issuing licenses for Cuba travel service providers; 

(2) for each fiscal year from 2001 to 2008, the following information related to OFAC enforcement of the Cuba embargo: • the number of FTE used for Cuba embargo enforcement; • the number of fines issued; • the average amount of fines; • the total amount (in dollars) of fines issued, per violation 

category; • the number of cases heard by OFAC Administrative Law 

Judges, along with information on whether these judges were 

OFAC’s own, or whether they were borrowed from other Government agencies; 

• the average fine in these cases; and 

• the total amount (in dollars) of fines issued by these 

judges; 

(3) for each fiscal year from 1990 to 2008, the following information related to OFAC enforcement of the Cuba embargo: 

• the total amount of fines collected in each year; 

• the number of travelers engaged in illegal travel to Cuba 

and apprehended, as reported to OFAC, along with statistics 

as to the points-of-entry where travelers were apprehended; • the number of cases against travelers that were/are disputed by the traveler; • the number of these cases that are settled; • the average settlement amount; and • the average time from the first notice sent to the traveler 

until final settlement was reached; 

(4) for fiscal years 2007 and 2008, the number of FTE devoted 

to OFAC enforcement in the area of Foreign Terrorist Organizations. 

TREASURY’S MANAGEMENT OF INFORMATION TECHNOLOGY

INVESTMENTS

The Committee is concerned about the findings of a July 2007 

GAO report that found that while the Department has established 

many of the capabilities needed to select, control, and evaluate its 

information technology (IT) investments, the Department has significant weaknesses that hamper its ability to effectively manage 

its investments. Specifically, the report noted that Treasury did not 

have an executive investment review board—a group of executives 

from IT and business units that is intended to be the final decisionmaking authority—that is actively engaged in the IT investment 

management process. In addition, the Department did not have 

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ber of investments. The Department plans to spend more than 

$2,900,000,000 on information technology in fiscal year 2008. 

The Committee is encouraged that the Department has since initiated efforts to improve its IT investment management process 

and recognizes the need to take proactive steps to strengthen its 

investment board operations and oversight of IT resources and programs. The Committee directs the Department to report to the 

Committee, within 90 days of enactment of this Act, on improvements that have been implemented or planned in this area, including progress in addressing GAO’s recommendations. 

TRAVEL CAP

For the second year in a row, the Committee has not included 

a travel limitation, which was $3,000,000 in fiscal years 2006 and 

2007. The Committee remains concerned about politically motivated travel, but understands that restricting the travel of all 

Treasury offices and bureaus may negatively impact mission operations. The Committee will continue to monitor travel and re-evaluate this position at the next appropriate time. Therefore, the Committee restates the travel report directives contained in House Report 108–792 and directs the Department to include the purpose of 

the reported travel in the quarterly report. The Committee also 

continues the direction that the Secretary shall ensure that a portion of travel funds are made available to General Schedule employees to support the training and development of all Departmental Office employees. 

DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2008 ......................................................... $18,710,000 

Budget request, fiscal year 2009 ....................................................... 26,975,000 

Recommended in the bill ................................................................... 26,975,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +8,265,000 

Budget request, fiscal year 2009 ................................................ – – – 

The Department-wide Systems and Capital Investments Programs appropriation funds the modernization of Treasury business 

processes and increases in Department-wide systems efficiency 

through technology investments for systems that involve more than 

one Treasury bureau or Treasury’s interface with other governmental agencies. 

COMMITTEE RECOMMENDATION

The Committee recommends $26,975,000 for Department-wide 

Systems and Capital Investments Programs, the same as the budget request and $8,265,000 above the amounts provided in fiscal 

year 2008. Funds are available until September 30, 2011. Of the 

funds provided, $11,518,000 is for repairs to the Treasury Annex 

Building, as requested. 


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OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

Appropriation, fiscal year 2008 ......................................................... $18,450,000 

Budget request, fiscal year 2009 ....................................................... 19,356,000 

Recommended in the bill ................................................................... 19,356,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +906,000 

Budget request, fiscal year 2009 ................................................ – – – 

The Office of Inspector General provides agency-wide audit and 

investigative functions to identify and correct operational and administrative deficiencies which create conditions for existing or potential instances of fraud, waste, and mismanagement. The audit 

function provides program, contract, and financial statement audit 

services. Contract audits provide professional advice to agency contracting officials on accounting and financial matters relative to negotiation, award, administration, repricing, and settlement of contracts. Program audits review and evaluate all facets of agency operations. Financial statement audits assess whether financial statements fairly present the agency’s financial condition and results of 

operations, the adequacy of accounting controls, and compliance 

with laws and regulations. The investigative function provides for 

the detection and investigation of improper and illegal activities involving programs, personnel, and operations. 

COMMITTEE RECOMMENDATION

The Committee recommends $19,356,000 for the Office of Inspec- tor General, the same as the budget request and $906,000 above 

the amounts provided in fiscal year 2008. The bill includes 

$2,000,000 for official travel expenses, $2,500 for official reception 

and representation expenses, and up to $100,000 for unforeseen 

emergencies. 

The Committee encourages the Inspector General of the Treasury, with respect to the Office of Thrift Supervision and the Comptroller of the Currency; the Inspector General of the Federal Deposit Insurance Corporation, with respect to the Corporation; and 

the Inspector General of the Securities and Exchange Commission, 

with respect to the Commission, to fully investigate how any policies, actions, or supervisory roles of such agencies might have contributed to the mortgage foreclosure crisis. 

TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION

SALARIES AND EXPENSES

Appropriation, fiscal year 2008 ......................................................... $140,533,000 

Budget request, fiscal year 2009 ....................................................... 145,736,000 

Recommended in the bill ................................................................... 145,736,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +5,203,000 

Budget request, fiscal year 2009 ................................................ – – – 

The Internal Revenue Service (IRS) Restructuring and Reform 

Act of 1998 established the Office of Treasury Inspector General for 

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

Chief Inspector. TIGTA conducts audits, investigations, and evaluations to assess the operations and programs of the IRS and its related entities, the IRS Oversight Board, and the Office of Chief 


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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 $145,736,000 for the Treasury Inspector General for Tax Administration, the same as the budget request and $5,203,000 above the amounts provided in fiscal year 

2008. The bill includes $6,000,000 for official travel expenses, 

$1,500 for official reception and representation expenses, and up to 

$500,000 for unforeseen emergencies. 

FINANCIAL CRIMES ENFORCEMENT NETWORK

SALARIES AND EXPENSES

Appropriation, fiscal year 2008 ......................................................... $85,844,000 

Budget request, fiscal year 2009 ....................................................... 91,335,000 

Recommended in the bill ................................................................... 91,335,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +5,491,000 

Budget request, fiscal year 2009 ................................................ – – – 

The Financial Crimes Enforcement Network (FinCEN) is responsible for implementing Treasury’s anti-money laundering regulations through administration of the Bank Secrecy Act (BSA), 31 

U.S.C. section 5311, et seq. It also serves as a U.S. Government 

source for the systematic collection and analysis of information to 

assist in the investigation of money laundering and other financial 

crimes. FinCEN supports law enforcement investigative efforts by 

Federal, state, local and international agencies, and fosters interagency and global cooperation against domestic and international 

financial crimes. It also provides U.S. policymakers with strategic 

analyses of domestic and worldwide trends and patterns. It works 

to prevent money laundering through its regulatory and outreach 

programs, including setting policy for and overseeing BSA compliance by financial institutions, and by providing BSA training for 

law enforcement, bankers, and bank regulators. 

COMMITTEE RECOMMENDATION

The Committee recommends $91,335,000 for FinCEN, the same 

as the budget request and $5,491,000 above the amounts provided 

in fiscal year 2008. Of the amounts provided, $9,178,000 is available until September 30, 2010, for regulatory support programs, 

and $16,340,000 is available until September 30, 2011, for information technology and special analytical initiatives. 


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FINANCIAL MANAGEMENT SERVICE

SALARIES AND EXPENSES

Appropriation, fiscal year 2008 * ....................................................... $234,423,000 

Budget request, fiscal year 2009 ....................................................... 239,344,000 

Recommended in the bill ................................................................... 239,344,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +4,921,000 

Budget request, fiscal year 2009 ................................................ – – – 

* The Financial Management Service also received a supplemental fiscal year 2008 appropriation of 

$64,175,000 for one-time funding of its additional workload resulting from P.L. 110–185, the Economic Stimulus Act of 2008. 

The Financial Management Service (FMS) is responsible for the 

management of Federal finances and the collection of Federal debt. 

As the Federal Government’s central financial agent, FMS receives 

and disburses public monies, maintains Government accounts, and 

reports on the status of the Government’s finances. FMS is also accountable for developing and implementing the most reliable and 

efficient financial methods and systems to operate the Government’s cash management, credit management, and debt collection 

programs. Pursuant to the Debt Collection Improvement Act of 

1996, FMS became the primary agency for collecting Federal nontax debt that is due and owed to the Government and coordinating 

efforts to collect debt from those who have defaulted on agreements 

with the Federal Government. 

COMMITTEE RECOMMENDATION

The Committee recommends $239,344,000 for the Financial Management Service, the same as the budget request and $4,921,000 

above the amounts provided in fiscal year 2008. Of the funds provided, the Committee recommends $9,220,000 for information systems modernization initiatives, which is available until September 

30, 2011, and $2,500 for official reception and representation expenses. 

ALCOHOL AND TOBACCO TAX AND TRADE BUREAU

SALARIES AND EXPENSES

Appropriation, fiscal year 2008 ......................................................... $93,515,000 

Budget request, fiscal year 2009 ....................................................... 96,900,000 

Recommended in the bill ................................................................... 96,900,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +3,385,000 

Budget request, fiscal year 2009 ................................................ – – – 

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

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

TTB focuses on collecting revenue; reducing taxpayer burden and 

improving service while preventing diversion; and protecting the 

public and preventing consumer deception in certain regulated 

commodities. 

COMMITTEE RECOMMENDATION

The Committee recommends $96,900,000 for the Alcohol and Tobacco Tax and Trade Bureau, the same as the budget request and 

$3,385,000 above the amounts provided in fiscal year 2008. Within 


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the amount provided, the bill includes up to $6,000 for official reception and representation expenses and up to $50,000 for cooperative research and development programs. 

UNITED STATES MINT

UNITED STATES MINT PUBLIC ENTERPRISE FUND

The United States Mint manufactures coins, receives deposits of 

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

holdings of monetary metals. In 1997, Congress established the 

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

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

to finance the costs of its operations and consolidated all existing 

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

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

of the Congress such that those levels compete with other requirements for funding. 

COMMITTEE RECOMMENDATION

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

of $42,150,000, the same as the budget request and $8,950,000 

above the fiscal year 2008 spending level. The following table provides basic information on the revenues, costs, and products of the 

Mint for fiscal years 2007 through 2009: 

UNITED STATES MINT 

Revenues, Costs, and Products FY 2007—FY 2009, from the FY 2009 President’s Budget 

Circulating Coins Commemorative Quarters Numismatic/Bullion Protection 

2007 (Actual): 

Number of coins 12.6 billion ................. 2.8 billion ................... 23 million ...................

Cost of Operations.$472 million ............... $353 million ............... $107 million ............... $44 million 

Revenue * .......... $1,050 million ............ $678 million ............... $908 million ...............

2008 (Est.): 

Number of coins 12.4 billion ................. 3.0 billion ................... 24 million ...................

Cost of Operations.$614 million ............... $418 million ............... $1,098 million ............ $46 million 

Revenue * .......... $974 million ............... $748 million ............... $1,117 million ............

2009 (Est.): 

Number of coins 12.7 billion ................. 2.6 billion ................... 22 million ...................

Cost of Operations.$924 million ............... $107 million ............... $1,049 million ............ $47 million 

Revenue * .......... $1,443 million ............ $166 million ............... $1,065 million ............

Net Revenue (FY 

2009) **.

$519 million ............... $59 million ................. $16 million ................. ($47) million 

* Revenue estimates here are shown as the face value of circulating coins and quarters, and the sales of numismatic/bullion coins. In 

budgetary terms, this corresponds to the total earned revenues plus total other financing sources. 

** Net Revenue shown here is calculated as the difference between Revenue and Cost of Operations in FY 2009. In budgetary terms this 

represents circulating coinage seigniorage and numismatic program profit. 


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BUREAU OF THE PUBLIC DEBT

ADMINISTERING THE PUBLIC DEBT

Appropriation, fiscal year 2008 ......................................................... $182,871,000 

Budget request, fiscal year 2009 ....................................................... 187,054,000 

Recommended in the bill ................................................................... 187,054,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +4,183,000 

Budget request, fiscal year 2009 ................................................ – – – 

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 $187,054,000 for Administering the Public Debt, the same as the budget request and $4,183,000 above 

the amounts provided in fiscal year 2008. Of this amount, the Committee recommends $2,500 for official reception and representation 

expenses, and $2,000,000 for systems modernization, which is 

available until September 30, 2011. Language is included that reduces the total amount by no more than $10,000,000 as definitive 

security issue fees and Treasury Direct Investor Account Maintenance fees are collected, so as to result in a final fiscal year 2009 

appropriation of $177,054,000. 

COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND

PROGRAM ACCOUNT

Appropriation, fiscal year 2008 ......................................................... $94,000,000 

Budget request, fiscal year 2009 ....................................................... 28,620,000 

Recommended in the bill ................................................................... 105,000,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +11,000,000 

Budget request, fiscal year 2009 ................................................ +76,380,000 

The Community Development Financial Institutions (CDFI) 

Fund provides grants, loans, equity investments, and technical assistance to new and existing community development financial institutions such as community development banks, community development credit unions, and housing and microenterprise loan 

funds. Recipients use the funds to support mortgage, small business and economic development lending in underserved and distressed neighborhoods and to support the availability of financial 

services in these neighborhoods. The Fund is also responsible for 

implementation of the Community Renewal Tax Relief Act of 2000. 

COMMITTEE RECOMMENDATION

The Committee recommends $105,000,000 for the CDFI Fund 

program, $76,380,000 above the budget request and $11,000,000 

above the amounts provided in fiscal year 2008. Of the funds provided, $13,778,000 is for administrative costs of the program. The 

Committee directs that the Bank Enterprise Award (BEA) program 

be funded at not less than $22,000,000. 

The Committee notes that poverty, lack of economic opportunity, 

and lack of low-cost financial services continue to be problems 

across much of the nation, particularly in many Hispanic-American, African-American, Native American, Asian American, Pacific 


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Islander and other minority communities. The Committee appreciates the ongoing efforts of the CDFI Fund to work to remedy the 

particular problems in these communities and strongly encourages 

the CDFI Fund to continue to place a heavy emphasis on these efforts. 

BUREAU OF ENGRAVING AND PRINTING

The Bureau of Engraving and Printing (BEP) designs, manufactures, and supplies Federal Reserve notes, various public debt instruments, as well as most evidences of a financial character issued 

by the U.S., such as postage and internal revenue stamps. The 

BEP also executes certain printings for various territories administered by the U.S., particularly postage and revenue stamps. 

The operations of the BEP are financed by a revolving fund established in accordance with the provisions of Public Law 81–656, 

August 4, 1950 (31 U.S.C. 181), which requires the BEP to be reimbursed by customer agencies for the costs of all manufacturing 

products and services performed. The BEP is also authorized to assess amounts to acquire capital equipment and provide for working 

capital needs. The anticipated work volume is based on estimates 

of requirements submitted by agencies served. The following table 

summarizes BEP revenue and expense data for fiscal years 2007 

through 2009: 

BUREAU OF ENGRAVING AND PRINTING REVENUE AND COSTS 

[Dollars in thousands] 

Description 

FY 2007 FY 2008 FY 2009 % Change 

FY 2008 to FY 

2009 Actual 

amount 

Estimated 

amount 

Estimated 

amount 

Revenue: 

Federal Reserve Notes .......................................... $572,700 $482,000 $562,000 16.6 

Other Security Products ........................................ 5,400 6,000 6,000 0.0 

Total Revenue ............................................... $578,100 $488,000 $568,000 16.4% 

Expenses: 

Direct Manufacturing: 

Paper and Ink .............................................. $171,000 $140,000 $180,000 28.6 

Direct Labor .................................................. 32,000 28,000 31,000 10.7 

Other Direct Mfg Costs ................................ 7,000 6,000 7,500 25.0 

Subtotal Direct Manufacturing Costs 210,000 174,000 218,500 25.6 

Indirect Manufacturing Support ............................ 259,500 269,000 278,000 3.3 

Total Manufacturing Activity Costs ............. 469,500 443,000 496,500 12.1 

Total Protection & Accountability of Assets Activity 

Costs .......................................................................... 62,300 62,000 63,000 1.6 

Total Expenses ...................................................... $531,800 $505,000 $559,500 10.8 

Net Results ..................................................................... $46,300 ($17,000) $8,500 ¥150.0 

Federal Reserve Notes Manufactured (in Billions) ........ 9.1 7.7 9.3 20.8 


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INTERNAL REVENUE SERVICE

TAXPAYER SERVICES

Appropriation, fiscal year 2008* ....................................................... $2,150,000,000 

Budget request, fiscal year 2009 ....................................................... 2,150,000,000 

Recommended in the bill ................................................................... 2,210,000,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +60,000,000 

Budget request, fiscal year 2009 ................................................ +60,000,000 

* The IRS also received a one-time supplemental Taxpayer Services appropriation in fiscal year 2008 of 

$50,720,000 for its additional workload resulting from P.L. 110–185, the Economic Stimulus Act of 2008. 

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

related documents; filing and account services; taxpayer advocacy 

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

manner. 

COMMITTEE RECOMMENDATION

The Committee recommends $2,210,000,000 for Taxpayer Serv- ices, an increase of $60,000,000 above both the President’s request 

and the amount provided in fiscal year 2008. Of the funds provided, the Committee recommends not less than $9,500,000 for lowincome taxpayer clinic grants and not less than $5,100,000 for the 

Tax Counseling for the Elderly Program. The Committee has also 

included not less than $192,000,000 for operating expenses of the 

Taxpayer Advocate Service, an increase of $10,500,000 above the 

amount assumed in the President’s request. 

TAXPAYER SERVICES BUDGET AND PRIORITIES

While the President’s request proposed funding the Taxpayer Services account at the FY 2008 level of $2,150,000,000, the majority of this account funds filing and account services, which largely 

covers IRS costs associated with the processing of tax returns. The 

rest of the account, devoted to pre-filing taxpayer services, was proposed to be reduced by more than $28,000,000 or 4.3 percent, from 

$645,375,000 in fiscal year 2008 down to $617,326,000 in the fiscal 

year 2009 request. This is unacceptable. A growing taxpayer population and continued complexity in tax law demands continued and 

enhanced IRS taxpayer services efforts. 

The Committee directs IRS to strengthen, improve, and expand 

taxpayer services. The IRS often points to the IRS web site and 

other electronic means as viable taxpayer alternatives. Indeed, it is 

true that these alternatives have seen increased usage in recent 

years, and provide the IRS’s lowest-cost opportunity to serve taxpayers. In addition, Taxpayer Assistance Blueprint (TAB) research 

shows that a significant number of taxpayers would use electronic 

means to obtain IRS services when given the opportunity. 

However, the Committee must strongly emphasize a fact confirmed by other TAB research, namely that electronic modes of 

service, such as the IRS web site, cannot and must not be the only 

modes of taxpayer service. As the IRS Taxpayer Advocate noted in 

testimony earlier this year, ‘‘the Internet may be adequate for taxpayers who are comfortable handling financial transactions online, 

but the TAB’s research studies showed that a certain percentage of 

taxpayers, and particular types of tax issues, require personal 


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interaction—by telephone, face-to-face, or both.’’ In addition, a November 2006 research study commissioned by the IRS Oversight 

Board noted that, while many taxpayers would be willing to consider less costly on-line, self-service solutions, taxpayers ‘‘by a wide 

margin * * * would prefer to receive service from a person rather 

than an automated system * * *’’ The study notes that, ‘‘for help 

in resolving a tax dispute or error, 61 percent of taxpayers identified calling the IRS as their most preferred service channel, while 

another 22 percent selected visiting an IRS office as their first 

choice.’’ 

An example of this can be seen in the recent increase in IRS 1– 

800 help line call volume, as a result of questions related to the 

Economic Stimulus Act payments. This has resulted in recent declines in the IRS levels of service on its 1–800 help line. The sharp 

increases in call volume have occurred despite IRS mailings to taxpayers pointing to the IRS web site as a source of information 

about the Economic Stimulus Act payments. The Committee believes that this illustrates that the IRS web site, while useful in 

its own right, cannot be solely relied upon to assist taxpayers needing IRS services and answers to tax questions. Taxpayers need, 

and should be able to access, direct personal contact with the IRS— 

both over-the-phone and face-to-face. The Committee directs that $47 million of the increase be allocated toward increasing, above the levels assumed in the budget request, the following activities: (1) IRS taxpayer outreach and education, (2) enhancements to IRS face-to-face service, and (3) enhancements to the IRS 1–800 help line service. The Department is 

directed to include, in its fiscal year 2009 operating plan, a specific 

plan for increasing these activities above the levels assumed in the 

budget request. For purposes of comparison, the plan should include: (1) details on the funding levels and full-time equivalents 

(FTEs) assumed in the fiscal year 2009 budget request for these activities, and (2) funding levels and FTEs for these activities as 

funded by this Act. The Committee expects the funding increase in 

the Taxpayer Services account to be in addition to, and not a replacement for, the $127,000,000 in user fee collections that the IRS 

intends to supplement this account in fiscal year 2009. The Committee additionally expects this increase in funding to be added to 

the IRS base budget and included in future-year budget requests, 

and directs IRS to do so. The Committee also directs that, to the 

maximum extent possible, these funds go toward increasing the 

numbers of IRS personnel devoted to these activities. 

Taxpayer outreach and education remains essential, and the 

Committee notes that the improvement and expansion of education 

and awareness activities was identified by the TAB Phase 1 report 

as one of the five strategic improvement themes for taxpayer service. The TAB Phase 2 report noted that, ‘‘while the IRS offers a 

comprehensive outreach and education portfolio, a number of gaps 

between the current state and future state vision offer opportunities for improvement.’’ A recent TAB progress report added a TAB 

guiding principle that the IRS should ‘‘enhance marketing, outreach, and education to targeted populations to improve service 

awareness, access, and quality.’’ 

Face-to-face service should continue to play an important role in 

the assistance IRS offers to taxpayers to help them comply with 


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their tax obligations. An additional guiding principle of the TAB is 

that ‘‘the IRS is committed to offering a portfolio of service options 

delivered across multiple channels, including face-to-face service.’’ 

In addition, as the IRS Taxpayer Advocate notes in her 2007 Annual Report, ‘‘TAB research, based on the Oversight Board survey, 

indicates that low income, Limited English Proficiency, and elderly 

taxpayers have a higher preference for [Taxpayer Assistance Centers (TACs)] and a lower preference for web channels than taxpayers as a whole.’’ In addition, the IRS Taxpayer Advocate has 

noted that during the last three years, the IRS reduced TAC staffing by nine percent, leaving most TAC offices with staffing shortages. The Committee urges IRS to use a portion of the added funding to increase TAC staffing and to expand the IRS Facilitated 

Self-Assistance pilot project to additional TACs. 

Taxpayers continue to rely heavily upon the IRS 1–800 telephone 

help line service for assistance in complying with the tax code. In 

addition to fielding calls from taxpayers with questions about the 

economic stimulus payments, the 1–800 help line continues to receive millions of calls from taxpayers seeking help with tax issues. 

USER FEE COLLECTIONS

The Committee is concerned about the budget assumption of $177,655,000 in user fee collections. The budget request assumes 

the various appropriations accounts of IRS will be supplemented by 

the user fee collections, with $127,000,000 of the fee collections 

supplementing the Taxpayer Services account. The Committee 

notes that there is risk in assuming these fee collections will materialize as projected. The IRS is directed to report to the Committee 

on a quarterly basis, beginning not later than 60 days after the 

date of enactment of this Act, with updated projections on expected 

user fee collections. 

IRS EFFICIENCY SAVINGS ESTIMATES

The Committee notes that the Department’s fiscal year 2009 

budget request for the IRS assumes various efficiency savings, including $8,996,000 in Taxpayer Services, $48,762,000 in Enforcement, $23,747,000 in Operations Support, and $151,000 in Health 

Insurance Tax Credit Administration. While it is important for the 

IRS, like all Federal agencies, to explore ways to achieve cost savings, these budget assumptions also carry risks, as the IRS would 

need to reduce program funding if such savings fail to materialize 

as projected. The Committee is greatly troubled by the findings of 

an August 2007 report from the Treasury Inspector General for 

Tax Administration (TIGTA) showing that the IRS could not validate taxpayer service savings estimates for fiscal years 2006 and 

2007. In particular, the savings estimates for over $146,000,000 in 

taxpayer service reengineering and program efficiencies initiatives 

were generally not supported and could not be validated. 

TIGTA recommended that the IRS: (1) develop a thorough process for compiling the data used for IRS budget requests to help ensure the accuracy of the estimates and to facilitate a better understanding of the impact of budget reductions on operations, and (2) 

evaluate the extent to which estimated savings are achieved as 

well as the impact on IRS operations of savings that are not 

achieved, to assist in formulating future budget submissions and 


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allocations. The Committee wishes to emphasize that the IRS must 

be able to fully document and justify all of its projected program 

savings. The Committee directs IRS to report to the Committee, 

within 30 days of enactment of this Act, as to the steps it has 

taken to improve its processes for measuring savings and efficiencies. 

LANGUAGE SERVICES

The Committee notes that the IRS Taxpayer Advocate has expressed concerns in recent years about the lack of availability of 

certain IRS services, forms, and publications in languages other 

than English, even though six percent of taxpayers do not speak 

English at home. The IRS has made progress in this area in recent 

years, including the establishment of a Spanish-language version of 

the ‘‘Where’s My Refund?’’ feature earlier this year. However, the 

Committee believes that more can and should be done to allow taxpayers with limited English proficiency to communicate with the 

IRS. The Committee concurs with the observation of the IRS Taxpayer Advocate that the IRS should translate a broader range of 

documents, not just education and outreach materials, but also 

forms and examination and collection notices. 

In addition, the Committee is concerned by the findings of an August 2007 TIGTA report regarding the IRS 1–800 help line service. 

Specifically, the report showed that for the 2007 filing season, the 

quality and level of customer service for Spanish-speaking taxpayers was lower than that provided for English-speaking taxpayers. In addition, the accuracy rate for tax answers provided by 

the IRS to Spanish-speaking taxpayers was lower than that for 

English-speaking taxpayers. The Committee concurs with TIGTA’s 

recommendation that the IRS monitor the performance for the 

Spanish language applications and take appropriate corrective actions if performance does not improve. The Committee directs IRS 

to report to the Committee within 30 days of enactment of this Act 

on the status of the quality and level of customer service for Spanish language applications on the IRS 1–800 help line, along with 

any IRS corrective actions planned or implemented to improve performance. 

ACCURACY OF TAXPAYER ASSISTANCE BLUEPRINT INFORMATION

While the Committee strongly supports the work of the IRS, in 

consultation with the IRS Oversight Board and the IRS Taxpayer 

Advocate, to develop the congressionally-mandated Taxpayer Assistance Blueprint (TAB), the Committee is concerned by recent 

findings of TIGTA showing that not all data that went into the 

TAB was accurate and/or consistent. 

The Committee is especially disturbed by the findings of a May 

2007 TIGTA report showing that inaccurate and incomplete data 

have adversely affected implementation of the Taxpayer Assistance 

Center (TAC) geographic footprint study. TACs provide an array of 

important services to taxpayers both during and after tax filing 

season, but as the IRS Taxpayer Advocate has noted, TACs are 

within 30 minutes drive time of only 60 percent of the population. 

Since fiscal year 2003, TIGTA has reported on the inability of the 

IRS to compile and maintain accurate and complete management 

information to oversee and measure the effectiveness of its TAC 


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program. TIGTA notes that key management information used to 

make decisions and support program changes continues to be either 

absent or based on inaccurate or incomplete data. This hinders the 

ability of the IRS to make appropriate decisions when determining 

TAC locations and the services they provide taxpayers. It has also 

delayed the IRS in making any decisions on the TAC Geographic 

Footprint, one of the initiatives within the Taxpayer Assistance 

Blueprint. In addition, the Committee is concerned by TIGTA’s 

finding that the IRS is still unable to measure how closing TACs 

might affect taxpayers and tax compliance. The Committee directs 

that the IRS, in consultation with the IRS Taxpayer Advocate, report to the Committee within 90 days of enactment of this Act on 

improvements being made in the process for making decisions 

about TAC services and locations, including progress in addressing 

the recommendations of TIGTA in this area. 

In addition, the Committee directs the IRS, together with the 

IRS Oversight Board and the IRS Taxpayer Advocate, to submit to 

the Committee, within 90 days after the date of enactment of this 

Act, an update to the TAB, detailing its implementation status and 

identifying any changes to the TAB. 

IRS SUBMISSION PROCESSING CONSOLIDATION

The IRS has stated that it would achieve millions of dollars in 

cost savings as a result of the consolidation of IRS processing centers for paper tax returns. However, the Committee is concerned 

about the findings of an August 2007 TIGTA report that showed 

that the IRS had not provided adequate information about the actual results from the first two processing center closures. In addition, the IRS business decision to consolidate the processing centers 

did not include a cost-benefit analysis. Consequently, the IRS did 

not set financial goals for the consolidation, and thus has not had 

an incentive to determine how efficient its decisions have been. 

While the IRS has continued to successfully process individual income tax returns while implementing the consolidation, the report 

cited several unanticipated developments at the Fresno, CA processing site due to increased tax return volume, including delays in 

processing returns and a possible staffing shortfall. The Committee 

strongly urges the IRS, prior to future processing center closures, 

to have the IRS Project Management Office complete a cost-benefit 

analysis, as recommended by TIGTA, to determine if the existing 

submission processing consolidation plan is optimal in terms of cost 

savings and operational effectiveness. 

TELEFILE

The Committee notes that TeleFile, an option for the filing of certain tax returns using a touch-tone telephone, previously existed 

throughout the country from 1996 to 2005, before being eliminated 

by the IRS. In a July 2007 report, TIGTA has noted that the elimination of Telefile has increased the cost and burden of filing for 

many taxpayers. TIGTA also noted that the IRS could not justify 

or document the $5,000,000 that the IRS claimed it saved annually 

by eliminating TeleFile. 

Of the approximately 2 million individual taxpayers who had 

filed their tax returns through TeleFile in 2005 and would have remained eligible to file their income tax returns for free had the proVerDate Aug 31 2005 07:09 Dec 11, 2008 Jkt 045733 PO 00000 Frm 00028 Fmt 6659 Sfmt 6602 E:\HR\OC\HR920.XXX HR920

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gram continued, TIGTA estimates that more than 541,000 taxpayers paid approximately $23,600,000 to file their tax returns in 

2006. In addition, approximately 966,000 taxpayers who had used 

TeleFile reverted to filing paper tax returns once TeleFile was 

eliminated. Filing a paper tax return increases the amount of time 

it takes for a taxpayer to receive a refund. Furthermore, since the 

cost to the IRS of processing paper tax returns is significantly higher than the cost of processing returns via a TeleFile system, this 

has increased the IRS’s own processing costs as well. 

The Committee is aware that more than 60 percent of taxpayers 

rely on paid preparers to file their returns, and that many of the 

remaining taxpayers file tax returns that are too complex to be 

processed via a TeleFile system. At the same time, however, both 

the IRS and a great many taxpayers, particularly those who lack 

Internet access and who currently file paper 1040EZ returns, would 

benefit from the availability of a TeleFile option. As the IRS continues to explore options for increasing the rate of e-filing and reducing IRS submission processing costs, the Committee urges the 

IRS to consider reinstituting and promoting a TeleFile option. Such 

an option could save IRS tax return processing costs, increase the 

speed of refund issuance, and save time, cost, and paperwork burden for millions of taxpayers. 

ENFORCEMENT

(INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2008 ......................................................... $4,780,000,000 

Budget request, fiscal year 2009 ....................................................... 5,117,267,000 

Recommended in the bill ................................................................... 5,117,267,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +337,267,000 

Budget request, fiscal year 2009 ................................................ – – – 

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 $5,117,267,000 for Enforcement. Of 

the funds provided, the Committee recommends $57,252,000 to 

support IRS activities under the Interagency Crime and Drug Enforcement program and allows up to $10,000,000 to be transferred 

to Operations Support for the purposes of the Interagency Crime 

and Drug Enforcement program. 

EARNED INCOME TAX CREDIT

The Committee has shared the past concerns expressed by the 

IRS National Taxpayer Advocate with regard to prolonged delays 

in the issuance of many Earned Income Tax Credit (EITC) refunds. 

The IRS Taxpayer Advocate found that the majority of these refund 


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freezes were not fraudulent, but were in fact the legitimate EITC 

claims of low-income taxpayers who qualified for the EITC. While 

the Taxpayer Advocate has more recently noted the progress that 

IRS has made in ensuring that EITC refunds are not unfairly delayed, the Committee urges the IRS to continue to work to ensure 

that legitimate EITC refunds are not delayed, as such refunds comprise a significant portion of the eligible taxpayer’s annual income. 

In addition, the Committee is greatly concerned about the findings of a research study conducted by the IRS Taxpayer Advocate 

on EITC audit practices. Specifically, the study showed that taxpayers who are represented during an EITC audit are nearly twice 

as likely to be found eligible for the EITC than taxpayers without 

representation, even though relatively few EITC taxpayers obtain 

representation for their audit. The study noted that some will 

argue that represented taxpayers fare better in EITC audits ‘‘because compliant taxpayers seek out representation; however an 

analysis * * * showed that this presumption is not well founded.’’ 

The study further found that more than half of audited taxpayers 

had difficulties obtaining documents requested by the IRS, and 

more than half reported that the IRS took more than 30 days to 

acknowledge receipt of their documentation or provided no acknowledgement. In addition, EITC audit notification letters from 

the IRS were often found to be difficult to understand. 

The IRS Taxpayer Advocate has made a number of recommendations to the IRS to improve this process. For example, the Advocate 

recommends that the IRS revise its EITC audit letters, so that the 

letters specifically state that the taxpayer’s tax return is being audited, along with the specific issues of the audit, what the taxpayer 

must do to resolve each issue, and how the requested documentation relates to the issue in question. The Advocate has also recommended that the IRS provide timely acknowledgements of all 

documentation and materials received from the taxpayer, and work 

to increase taxpayer awareness of the legal assistance available at 

Low Income Taxpayer Clinics, among other recommendations. The 

Committee directs IRS to report to the Committee, within 90 days 

of enactment of this Act, on progress made in addressing the recommendations of the IRS Taxpayer Advocate in this area. 

PAID PREPARERS

The Committee notes that over 60 percent of all individual tax 

returns are prepared by paid preparers. GAO, in an April 2008 report, noted that the IRS faces limitations in identifying paid preparers and monitoring their performance. Although the vast majority of paid preparers are law abiding, a more reliable system to 

identify paid preparers and to match tax returns with paid preparers would enable the IRS to more effectively detect patterns of 

noncompliance and tax fraud associated with problem preparers. 

The Committee understands that the IRS, in response to recommendations made by GAO, is currently considering several options to improve identification, education and outreach to paid preparers, including the use of a single identification number for paid 

preparers. The Committee directs IRS to report to the Committee, 

within 120 days of enactment of this Act, on the status of IRS efforts to improve its system for identifying paid preparers. 


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OPERATIONS SUPPORT

Appropriation, fiscal year 2008* ....................................................... $3,680,059,000 

Budget request, fiscal year 2009 ....................................................... 3,856,172,000 

Recommended in the bill ................................................................... 3,833,127,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +153,068,000 

Budget request, fiscal year 2009 ................................................ ¥23,045,000 

* The IRS also received a one-time, supplemental fiscal year 2008 appropriation of $151,415,000 for its additional workload resulting from P.L. 110–185, the Economic Stimulus Act of 2008. 

The Operations Support appropriation provides for overall planning and direction of the IRS, including shared service support related to facilities services, rent payments, printing, postage, and security; other support functions that are considered overhead but essential to the successful operation of IRS programs including resources for headquarters management activities, including IRSwide support for strategic planning, communications and liaison, finance, human resources, EEO and diversity; research and statistics 

of income; and necessary expenses for information systems and 

telecommunication support, including developmental information 

systems and operational information systems. 

COMMITTEE RECOMMENDATION

The Committee recommends $3,833,127,000 for Operations Support, $23,045,000 below the request and $153,068,000 above the 

amounts provided in fiscal year 2008. The Committee has not included $23,045,000 requested for IRS implementation of various 

Administration legislative proposals, as it is unclear if these proposals will be enacted in time for the implementation of the fiscal 

year 2009 IRS budget. Of the funds provided, not less than 

$2,000,000 is for the IRS Oversight Board, up to $25,000 is for official reception and representation expenses, $1,000,000 is available 

until September 30, 2011 for research, and up to $75,000,000 is 

available until September 30, 2010 for information technology support. 

RETURN ON INVESTMENT CALCULATIONS

The Department’s fiscal year 2009 budget request for IRS includes Return on Investment (ROI) calculations for the proposed 

new enforcement initiatives. GAO, in its analysis of the budget request, has noted that expanding the use of ROI calculations, to include not just new enforcement initiatives but other parts of the 

IRS budget as well, could assist Congress in making fully informed 

resource allocation decisions. Although GAO notes that developing 

ROI information beyond IRS’s new enforcement initiatives will be 

a challenge, the Committee encourages the Department, in futureyear IRS budget submissions, to expand the use of ROI estimates 

as much as practicable. 

INFORMATION SECURITY

The IRS processes and maintains personally identifiable information for more than 130 million taxpayers. The security of this information is of paramount importance. As TIGTA has noted, internal 

factors, such as the increased connectivity of computer systems and 

greater use of portable laptop computers, and external factors, such 

as the volatile threat environment related to increased phishing 


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scams and hacker activity, contribute to the risk that sensitive 

data could be compromised. 

The IRS has taken several important steps to protect taxpayer 

data. For example, as TIGTA notes, it has established a Security 

Services and Privacy Executive Steering Committee to serve as the 

primary governance body for all matters relating to security and 

privacy issues in the IRS. It has made steady progress each year 

in complying with the requirements of the Federal Information Security Management Act. In addition, IRS has recently established 

a new office of Privacy, Information Protection and Data Security 

to: (1) improve public, preparer and external stakeholder awareness of privacy policies, procedures, and general information, and 

(2) improve the IRS response to taxpayers and practitioners who 

fall victim to data loss incidents, identity theft, or online fraud. 

At the same time, however, recent findings from GAO and 

TIGTA demonstrate that the IRS must do more to help safeguard 

taxpayer information and prevent further potential cases of identity theft. In January 2008, GAO reported that about 70 percent of 

the previously identified information security weaknesses remained 

unresolved. GAO also reported that, ‘‘IRS continues to, among 

other things, use passwords that are not complex, grant excessive 

access to individuals who do not need it, and install patches in an 

untimely manner.’’ One recent example of these weaknesses occurred when TIGTA auditors found that more than 60 percent of 

sampled IRS personnel distributed passwords over the phone without first seeking to validate the identity and access permission of 

the individuals seeking the passwords. The GAO report emphasized that the IRS has not yet fully implemented its agencywide information security program to ensure that controls are appropriately designed and operating effectively. 

TIGTA has also reported recently that because the IRS logs computer transactions on so few applications, it has no way to conduct 

the type of proper intrusion investigations that are needed to hold 

individuals accountable for unauthorized transactions and disclosures. The IRS has even failed to address this requirement during 

the development of its modernized systems. 

TIGTA has further reported that while the IRS’s identity theft 

program has primarily focused on public outreach and education, 

IRS processes and procedures have been inadequate in reducing 

the burden for taxpayers who have been victimized. For example, 

the IRS Automated Underreporter function contacted taxpayers 

multiple times for the same tax compliance issues, even though 

these taxpayers’ cases were previously marked as closed due to a 

finding of identity theft. 

In light of these and other concerns expressed by GAO, TIGTA, 

the IRS Taxpayer Advocate and others, the Committee expects IRS 

to work diligently to identify and remedy weaknesses in IRS information security and in IRS handling of cases of identity theft. The 

IRS is directed to report to the Committee within 90 days of enactment of this Act on the status of efforts to improve IRS information 

security and IRS handling of cases of identity theft. 

IRS MANAGEMENT OF PAPER CASE FILES

The Committee is concerned about the findings of a September 

2007 GAO report noting that there are significant problems in the 


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management of paper case files at the IRS. In particular, the report noted that the IRS does not have an effective process for ensuring that paper case files can be located within the requesters’ 

time frames. As the report notes, when the IRS cannot locate paper 

case files, ‘‘it may attempt to re-create them by requesting information from taxpayers, which can result in unnecessary taxpayer burden.’’ The report further notes that difficulties in locating case files 

can also hinder congressional oversight, by preventing Congress, 

GAO, TIGTA, and others from obtaining reliable and thorough information about the internal processes of the IRS. 

The Committee is encouraged that the IRS has agreed it needs 

to review its paper case file management program, and that the 

IRS has formed a cross-functional group to identify improvements 

and consider GAO’s recommendations. The Committee directs IRS 

to report to the Committee, within 60 days of enactment of this 

Act, on progress being made in improving IRS paper case file management. 

BUSINESS SYSTEMS MODERNIZATION

Appropriation, fiscal year 2008 ......................................................... $267,090,000 

Budget request, fiscal year 2009 ....................................................... 222,664,000 

Recommended in the bill ................................................................... 222,664,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. ¥44,426,000 

Budget request, fiscal year 2009 ................................................ – – – 

The Business Systems Modernization appropriation provides 

funding to modernize key business systems of the Internal Revenue 

Service. 

COMMITTEE RECOMMENDATION

The Committee recommends $222,664,000 for Business Systems 

Modernization (BSM), the same as the budget request and 

$44,426,000 below the amounts provided in fiscal year 2008. 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. The Department is directed to notify the Committee, within 

seven days, if BSM management funds are reallocated to the capital asset acquisition program. 

As GAO has noted, the IRS continues to make progress in implementing BSM projects and in meeting cost and schedule commitments for most deliverables. However, three recent project milestones experienced significant cost or schedule delays. The IRS continues to make progress in addressing high-priority BSM program 

improvement initiatives and has taken steps to address prior GAO 

recommendations to improve its modernization management controls and capabilities. However, more work remains to fully implement GAO’s recommendations, including steps to complete the 

Modernization Vision and Strategy, as well as steps to continue to 

address human capital challenges and information security weaknesses. 

GAO also notes that future BSM project releases, especially the 

Customer Account Data Engine (CADE) and Accounts Management 

Services (AMS) projects, continue to face significant risks and 

issues that could impact overall cost and schedule estimates. The 


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Committee is encouraged that IRS has developed mitigation strategies to address these risks. The Committee expects IRS to work 

diligently to improve the BSM program, including efforts to address 

the related concerns highlighted by GAO and TIGTA, and to immediately report to the Committee any delays or cost overruns associated with BSM efforts. 

HEALTH INSURANCE TAX CREDIT ADMINISTRATION

Appropriation, fiscal year 2008 ......................................................... $15,235,000 

Budget request, fiscal year 2009 ....................................................... 15,406,000 

Recommended in the bill ................................................................... 15,406,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +171,000 

Budget request, fiscal year 2009 ................................................ – – – 

The Health Insurance Tax Credit Administration appropriation 

provides contractor support to develop and administer the advance 

payment option for the health insurance tax credit included in Public Law 107–210, the Trade Act of 2002. 

COMMITTEE RECOMMENDATION

The Committee recommends $15,406,000 for Health Insurance 

Tax Credit Administration, the same as the budget request and 

$171,000 above the amount provided in fiscal year 2008. 

ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE SERVICE

(INCLUDING TRANSFER OF FUNDS)

Section 101. The Committee continues a provision that allows for 

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

IRS appropriation, upon the advance approval of the Committees 

on Appropriations. 

Section 102. The Committee continues a provision that requires 

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

courteously with taxpayers, and cross-cultural relations. 

Section 103. The Committee continues a provision that requires 

the IRS to institute and enforce policies and procedures that will 

safeguard the confidentiality of taxpayer information. 

Section 104. The Committee continues a provision that makes 

funds available for improved facilities and increased manpower to 

provide efficient and effective 800 number help line service for taxpayers. 

Section 105. The Committee includes a provision directing that 

not less than $6,997,000,000 shall be available for tax enforcement 

and related support activities funded in the Enforcement and Operations Support accounts, and that an additional $490,000,000 shall 

be available for tax enforcement and related support activities. The 

provision further provides that up to one percent of Operations 

Support funding in support of tax enforcement activities may be 

transferred to taxpayer service related support activities, upon notification of the House and Senate Appropriations Committees. 

Section 106. The Committee includes a provision prohibiting 

funds made available in this Act from being used to enter into, 

renew, extend, administer, implement, enforce, of provide oversight 

of any qualified tax collection contract (as defined in section 6306 


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of the Internal Revenue Code of 1986). The Committee continues 

to seriously question the efficacy of this program, which allows private debt collection companies to collect unpaid taxes and to pocket 

up to 24 percent of the taxes as a commission. The wastefulness 

of this program is becoming more and more apparent. For more 

than two years now, senior officials at the IRS have acknowledged 

that these same tax cases could be pursued with less expense by 

employees of the IRS, as the IRS would not be required to forfeit 

up to 24 percent of the taxes it collects on its own. 

ADMINISTRATIVE PROVISIONS—DEPARTMENT OF THE TREASURY

(INCLUDING TRANSFER OF FUNDS)

Section 107. The Committee continues a provision that allows 

the Department of the Treasury to purchase uniforms, insurance, 

and motor vehicles without regard to the general purchase price 

limitations, and enter into contracts with the State Department for 

health and medical services for Treasury employees in overseas locations. 

Section 108. The Committee continues a provision that authorizes transfers, up to two percent, between ‘‘Departmental Offices— 

Salaries and Expenses’’, ‘‘Office of the Inspector General’’, ‘‘Financial Management Service’’, ‘‘Alcohol and Tobacco Tax and Trade 

Bureau’’, ‘‘Financial Crimes Enforcement Network’’, and the ‘‘Bureau of the Public Debt’’ appropriations under certain circumstances. 

Section 109. The Committee continues a provision that authorizes transfer, up to two percent, between the Internal Revenue 

Service and the Treasury Inspector General for Tax Administration 

under certain circumstances. 

Section 110. The Committee continues a provision limiting funds 

for the purchase of law enforcement vehicles unless the purchase 

is consistent with vehicle management principles. 

Section 111. The Committee continues a provision that prohibits 

the Department of the Treasury from undertaking a redesign of the 

one dollar Federal Reserve note. 

Section 112. 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 113. The Committee continues a provision extending the 

pay demonstration program. 

Section 114. The Committee continues a provision that requires 

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

Section 115. The Committee continues a provision prohibiting 

funds in this Act from being used to merge the Mint and the Bureau of Engraving and Printing without the approval of the House 

and Senate committees of jurisdiction. 

Section 116. The Committee includes a provision deeming that 

funds for the Department of the Treasury’s intelligence-related activities are specifically authorized in fiscal year 2009 until enactment of the Intelligence Authorization Act for fiscal year 2009. 


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TITLE II—EXECUTIVE OFFICE OF THE PRESIDENT AND 

FUNDS APPROPRIATED TO THE PRESIDENT 

These funds provide for the compensation of the President as 

well as official expenses of the Executive Office of the President, as 

authorized by title 3, United States Code. 

COMPENSATION OF THE PRESIDENT

Appropriation, fiscal year 2008 ......................................................... $450,000 

Budget request, fiscal year 2009 1 ..................................................... 450,000 

Recommended in the bill ................................................................... 450,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. – – – 

Budget request, fiscal year 2009 ................................................ – – – 1Proposed in a consolidated appropriation titled ‘‘The White House’’. 

These funds provide for the compensation of the President, including an expense allowance as authorized by 3 U.S.C. 102. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $450,000 for 

Compensation of the President, including an expense allowance of 

$50,000. These are the same as amounts appropriated in fiscal year 

2008 and the same as requested by the President. The bill specifies 

that any unused amount shall revert to the Treasury consistent 

with 31 U.S.C. 1552. 

WHITE HOUSE OFFICE

SALARIES AND EXPENSES

Appropriation, fiscal year 2008 ......................................................... $51,656,000 

Budget request, fiscal year 2009 1 ..................................................... 52,499,000 

Recommended in the bill ................................................................... 53,899,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +2,243,000 

Budget request, fiscal year 2009 ................................................ +1,400,000 1Proposed in a consolidated appropriation titled ‘‘The White House’’. 

The Salaries and Expenses account of the White House Office 

supports staff and administrative services necessary for the direct 

support of the President, including costs for the Homeland Security 

Council. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $53,899,000 for 

the White House Office, which is $2,243,000 more than the fiscal 

year 2008 level and $1,400,000 above the request. 

The recommendation includes $1,400,000 for a White House Office of National AIDS Policy. The Committee calls on the new Administration to develop and implement a National AIDS Strategy 

that engages multiple sectors in strategy development, is comprehensive across Federal agencies, sets timelines and assigns responsibility for implementing changes, identifies targets for improved prevention and treatment outcomes and reduced racial disparities, and mandates annual reporting on progress. 


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EXECUTIVE RESIDENCE AT THE WHITE HOUSE

OPERATING EXPENSES

Appropriation, fiscal year 2008 ......................................................... $12,814,000 

Budget request, fiscal year 2009 1 ..................................................... 13,363,000 

Recommended in the bill ................................................................... 13,363,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +549,000 

Budget request, fiscal year 2009 ................................................ – – – 1Proposed in a consolidated appropriation titled ‘‘The White House’’. 

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

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

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $13,363,000 for 

the operating expenses of the Executive Residence, an increase of 

$549,000 from the amounts appropriated in fiscal year 2008 and 

the same as the amounts requested by the President. The bill includes the same restrictions on reimbursable expenses for use of 

the Executive Residence as were enacted in fiscal year 2008. 

WHITE HOUSE REPAIR AND RESTORATION

Appropriation, fiscal year 2008 ......................................................... $1,600,000 

Budget request, fiscal year 2009 1 ..................................................... 1,600,000 

Recommended in the bill ................................................................... 1,600,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. – – – 

Budget request, fiscal year 2009 ................................................ – – – 1Proposed in a consolidated appropriation titled ‘‘The White House’’. 

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 $1,600,000 for 

White House Repair and Restoration, which is the same as the 

amount provided in fiscal year 2008 and the amount requested by 

the President. Included in this appropriation is funding of transition expenses relating to the departure of the outgoing First Family 

and the arrival of the incoming First Family. 

COUNCIL OF ECONOMIC ADVISERS

SALARIES AND EXPENSES

Appropriation, fiscal year 2008 ......................................................... $4,118,000 

Budget request, fiscal year 2009 1 ..................................................... 4,118,000 

Recommended in the bill ................................................................... 4,118,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. – – – 

Budget request, fiscal year 2009 ................................................ – – – 1Proposed in a consolidated appropriation titled ‘‘The White House’’. 

The Council of Economic Advisers analyzes the national economy 

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

appraises economic programs and policies of the Federal Government, and assists in preparation of the annual Economic Report of 

the President to Congress. 


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COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $4,118,000 for 

the Council of Economic Advisers, which is the same as the amount 

provided in fiscal year 2008 and the amount requested by the 

President. 

OFFICE OF POLICY DEVELOPMENT

SALARIES AND EXPENSES

Appropriation, fiscal year 2008 ......................................................... $3,482,000 

Budget request, fiscal year 2009 1 ..................................................... 3,550,000 

Recommended in the bill ................................................................... 3,550,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +68,000 

Budget request, fiscal year 2009 ................................................ – – – 1Proposed in a consolidated appropriation titled ‘‘The White House’’. 

The Office of Policy Development supports the National Economic Council and the Domestic Policy Council in carrying out 

their responsibilities to advise and assist the President in the formulation, coordination, and implementation of economic and domestic policy. The Office of Policy Development also provides support for other domestic policy development and implementation activities, as directed by the President. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $3,550,000 for 

the Office of Policy Development, an increase of $68,000 above the 

amount enacted in fiscal year 2008 and the same as the request. 

NATIONAL SECURITY COUNCIL

SALARIES AND EXPENSES

Appropriation, fiscal year 2008 ......................................................... $8,640,000 

Budget request, fiscal year 2009 1 ..................................................... 9,029,000 

Recommended in the bill ................................................................... 9,029,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +389,000 

Budget request, fiscal year 2009 ................................................ – – – 1Proposed in a consolidated appropriation titled ‘‘The White House’’. 

The National Security Council advises the President on the integration of domestic, foreign, and military policies relating to national security. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $9,029,000 for 

the National Security Council, an increase of $389,000 above the 

amount appropriated in fiscal year 2008 and the same as requested 

by the President. 


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OFFICE OF ADMINISTRATION

SALARIES AND EXPENSES

Appropriation, fiscal year 2008 ......................................................... $91,745,000 

Budget request, fiscal year 2009 1 ..................................................... 105,919,000 

Recommended in the bill ................................................................... 95,633,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +3,888,000 

Budget request, fiscal year 2009 ................................................ ¥10,286,000 1Proposed in a consolidated appropriation titled ‘‘The White House’’. 

The Office of Administration is responsible for providing cost-effective administrative services to the Executive Office of the President. These services, defined by Executive Order 12028 of 1977, include financial, personnel, library and records services, information 

management systems support, and general office services. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $95,633,000 for 

the Office of Administration, an increase of $3,888,000 above the 

amount appropriated in fiscal year 2008 and a decrease of 

$10,286,000 below the amount requested by the President. 

Space rent.—The Committee recommendation does not include 

adoption of the request to move rental payments of the Office of 

Management and Budget (OMB) and the Office of National Drug 

Control Policy (ONDCP) to the Office of Administration. The Committee recommends funding for OMB rent ($7,172,000) and 

ONDCP rent ($3,114,000) under their respective headings for ‘‘Salaries and Expenses’’ and provides the same levels of funding as the 

President’s request. 

Records preservation.—The Committee takes seriously the importance of preserving official Presidential records and is extremely 

concerned about revelations that the White House cannot account 

for hundreds of days of e-mails processed between 2003 and 2005. 

There are also some concerns about White House officials using a 

non-government e-mail system from the Republican National Committee to conduct official government business and that the e-mail 

records relating to such official business are now lost. The establishment of reliable systems and procedures to ensure that electronic Presidential records are preserved is absolutely essential. 

These records belong to the American people and contribute to the 

historical record of the Presidency. As an example, the missing 

White House e-mails were created during a period in which important policy decisions were being made regarding the Iraq war. The 

Committee strongly urges the incoming Administration to establish 

comprehensive policies and procedures for the preservation of all 

Presidential records, in keeping with the Presidential Records Act, 

the Federal Records Act, and other pertinent laws. The new Administration shall submit a report to the Committee no later than 

June 30, 2009 describing actions it is taking to implement such 

policies and procedures, as well as the estimated costs, by program, 

activity, and fiscal year, of new systems, staff, or other resources 

needed to ensure the preservation of electronic Presidential 

records. 


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OFFICE OF MANAGEMENT AND BUDGET

SALARIES AND EXPENSES

Appropriation, fiscal year 2008 ......................................................... $78,000,000 

Budget request, fiscal year 2009 ....................................................... 72,800,000 

Recommended in the bill ................................................................... 79,972,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +1,972,000 

Budget request, fiscal year 2009 ................................................ +7,172,000 

The Office of Management and Budget assists the President in 

the discharge of budgetary, economic, management, and other executive responsibilities. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $79,972,000 for 

the Office of Management and Budget (OMB), an increase of 

$1,972,000 above the amount appropriated in fiscal year 2008 and 

$7,172,000 above the amount requested by the President. The Committee recommends $7,172,000 under this heading for 

rental payments to GSA instead of providing these funds under the 

heading ‘‘Office of Administration’’. The Committee also recommends a limitation of $3,000 for official representation expenses 

as requested by the President. 

The Committee recommendation continues several long-standing 

provisos, not requested by the President, concerning uses of funds 

within this Act and requirements on OMB. 

Contracting oversight.—The value of Federal contracts has increased significantly under the current Administration, to well over 

$400 billion. In other words, about 40 cents of every discretionary 

dollar appropriated is going into contracts. However, Executive 

Branch oversight of many contracts is seriously deficient. OMB’s 

Office of Federal Procurement Policy (OFPP) should be playing a 

central role in coordinating contracting oversight government-wide, 

but it appears to be more focused on promoting the questionable 

practice of converting work performed by Federal employees to performance by contractors. OFPP is a relatively small office of 15 

staff, so it should be directing its limited resources toward promoting vigorous contracting oversight rather than spearheading 

workforce conversion policies of little value. The Committee strongly urges the incoming Administration to refocus OFPP’s efforts toward effective oversight. 

‘‘E-Government’’ initiatives.—The Committee notes that it continues a government-wide general provision that precludes the use 

of funds for ‘‘E-Government’’ initiatives (including Lines of Business) prior to consultation with and approval by the Committee on 

Appropriations. The Committee appreciates the efforts made by 

OMB and agencies to provide requested information on these initiatives during fiscal year 2008 but is disappointed that the Administration proposed to delete this provision. The Committee will continue to exercise its authority to oversee the uses of these appropriated funds and to approve or disapprove how those funds are to 

be used. While many of these initiatives are worthwhile, the Committee continues to be concerned that OMB uses the E-Government 

funding model to force its management and funding priorities on 

agencies that would otherwise choose other approaches to serve the 


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public and manage their operations. OMB and all agencies should 

work directly with the pertinent appropriations subcommittees in 

advance of transferring funds relating to E-Government or Lines of 

Business. 

Purchase cards.—The Committee is troubled by an April 2008 report by the Government Accountability Office (GAO) on use of purchase cards. While purchase cards help agencies lower transaction 

costs for small purchases and provide procurement flexibility, GAO 

found that 41 percent of the transactions made with purchase 

cards between July 2005 and June 2006 did not follow proper procedures. Highly questionable and troublesome transactions included purchases of tailor-made suits, lingerie and Internet dating 

services. In addition, GAO was unable to locate several hundred of 

the items bought with purchase cards. Purchase card internal control weaknesses are exposing the Federal government to waste, 

fraud and abuse. The Committee appreciates that OMB is providing guidance to Federal agencies to address these internal control weaknesses. OMB is directed to report to the Committee within 60 days of enactment of this Act on actions taken to implement 

GAO’s recommendations and improve purchase card internal controls. 

Printing of the President’s budget.—The Committee disagrees 

with OMB’s decision to end the practice of providing printed copies 

of the President’s budget to Congress. By implementing this decision, OMB failed to meet its responsibility for giving Congress the 

materials it needs to properly and thoroughly evaluate the President’s budget. Committees and Members’ offices frequently rely on 

the printed budget as one of many tools to analyze the President’s 

proposals, and the Government Printing Office incurred the expense of providing the necessary copies to congressional offices. 

OMB’s decision appeared to be a matter of shifting costs to the 

Legislative Branch from the Executive Branch. The Committee expects OMB to provide Congress with printed copies of future budgets of the President. 

OMB involvement with the Integrated Risk Information System 

(IRIS) at the Environmental Protection Agency (EPA).—EPA’s Integrated Risk Information System (IRIS) is a critical component of 

EPA’s capacity to support scientifically sound environmental decisions, polices, and regulations. The results of IRIS assessments are 

used by both State and Federal regulators to help inform environmental health regulation and management decisions. In 2004, 

OMB initiated an interagency review of all IRIS assessments. The 

Committee is aware that despite increased funding for the IRIS 

program, the number of completed IRIS assessments has decreased 

since OMB and in particular, their Office of Information and Regulatory Affairs (OIRA) became involved in the process. According to 

the Government Accountability Office (GAO), 32 draft assessments 

were sent for external review in fiscal years 2006 and 2007, but 

only four IRIS assessments were finalized; an unacceptable number. Therefore, the Committee directs OMB and EPA to aggressively pursue completion of pending IRIS assessments, such as trichloroethylene (TCE), which has been under review by IRIS since 

1998. 


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OFFICE OF NATIONAL DRUG CONTROL POLICY

The Committee’s recommendation for overall funding for the programs under the purview of the Office of National Drug Control 

Policy (ONDCP) is $422,011,000, which is roughly equivalent to the 

fiscal year 2008 enacted level. The Committee notes two reviews of 

ONDCP that are currently being conducted: a Government Accountability Office review of grant management and other funding 

systems and a National Academy of Public Administration review 

of organization and management. The Committee believes that 

these reviews will be of assistance to both Congress and the Administration in ensuring the long-term effectiveness of this agency. 

The Committee looks forward to receiving these reviews and will 

use the information within them to help shape future funding allocations within ONDCP. 

SALARIES AND EXPENSES

Appropriation, fiscal year 2008 ......................................................... $26,402,000 

Budget request, fiscal year 2009 ....................................................... 23,697,000 

Recommended in the bill ................................................................... 26,011,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. ¥391,000 

Budget request, fiscal year 2009 ................................................ +2,314,000 

The Office of National Drug Control Policy Reauthorization Act 

of 2006 charges the Office of National Drug Control Policy, established by the Anti-Drug Abuse Act of 1988, with developing policies, objectives and priorities for the National Drug Control Program. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $26,011,000 for 

ONDCP salaries and expenses, a decrease of $391,000 from the enacted fiscal year 2008 level and an increase of $2,314,000 over the 

President’s request. Of the amount appropriated, $500,000 is for 

policy research and evaluation, which is an increase of $250,000 

over the fiscal year 2008 level and a decrease of $800,000 from the 

President’s request. 

The Committee recommendation supports the requested level of 

109 FTEs. 

The Committee recommends $3,114,000 under this heading for 

rental payments to GSA instead of providing these funds under the 

heading ‘‘Office of Administration’’ as proposed in the President’s 

budget. 

The Committee continues to be concerned with methamphetamine production, trafficking and abuse. The Committee is pleased 

that on a national basis domestic production has decreased dramatically since 2004. However, according to the National Drug Intelligence Center’s National Methamphetamine Threat Assessment 

2008, decreases in domestic methamphetamine production have 

been offset by increased production in Mexico of high-purity ice 

methamphetamine for U.S. distribution by Mexican drug trafficking organizations. The Committee directs ONDCP to continue 

its efforts to work with various agencies, such as the Departments 

of Justice, State, Homeland Security and Health and Human Services, along with State and local governments, to develop and impleVerDate Aug 31 2005 07:09 Dec 11, 2008 Jkt 045733 PO 00000 Frm 00042 Fmt 6659 Sfmt 6602 E:\HR\OC\HR920.XXX HR920

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ment strategies to reduce the demand for and supply of methamphetamine in the U.S. 

COUNTERDRUG TECHNOLOGY ASSESSMENT CENTER

(INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2008 ......................................................... $1,000,000 

Budget request, fiscal year 2009 ....................................................... 5,000,000 

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

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. – – – 

Budget request, fiscal year 2009 ................................................ ¥4,000,000 

Pursuant to title IV of the Office of National Drug Control Policy 

Reauthorization Act of 2006, the Counterdrug Technology Assessment Center serves as the central counterdrug research and development organization for the United States Government. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $1,000,000 for 

the Counterdrug Technology Assessment Center, the same as the 

fiscal year 2008 enacted level and a decrease of $4,000,000 below 

the President’s request. The appropriation provides for counternarcotics research and development. 

HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

(INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2008 ......................................................... $230,000,000 

Budget request, fiscal year 2009 ....................................................... 200,000,000 

Recommended in the bill ................................................................... 230,000,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. – – – 

Budget request, fiscal year 2009 ................................................ +30,000,000 

The High Intensity Drug Trafficking Areas (HIDTA) Program 

was established by the Director of ONDCP pursuant to section 

1005 of the Anti-Drug Abuse Act of 1988, and now as reauthorized 

by title III of the Office of National Drug Control Policy Act of 2006 

to provide assistance to Federal, State and local law enforcement 

entities operating in those areas most adversely affected by drug 

trafficking. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $230,000,000 for 

the HIDTA Program, the same as the fiscal year 2008 level and 

$30,000,000 above the President’s request. 

The HIDTA program serves to enhance and coordinate drug control effects among local, State, and Federal law enforcement agencies in order to eliminate or reduce drug trafficking, and the Committee supports a vigorous HIDTA program. To achieve its mission, 

the HIDTA program must continue to enhance individual and national performance and work to develop a system that enhances the 

synchronization of drug control efforts. 

The Committee includes language requiring that existing 

HIDTAs receive funding at least equal to the fiscal year 2008 initial allocation level or $3,000,000, whichever is greater. The fiscal 

year 2009 initial allocation level (before the distribution of discreVerDate Aug 31 2005 07:09 Dec 11, 2008 Jkt 045733 PO 00000 Frm 00043 Fmt 6659 Sfmt 6602 E:\HR\OC\HR920.XXX HR920

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tionary funds) may not exceed $47,457,447 for any individual 

HIDTA. 

The recommendation assumes $11,939,987 in discretionary funds 

for the HIDTA program. The Committee expects ONDCP to work 

closely with the HIDTA Directors to develop a spending plan for 

the use of these discretionary funds. 

The Committee includes a new provision allowing unexpended 

funds obligated prior to fiscal year 2007 for programs addressing 

the treatment or prevention of drug use to be used for other approved HIDTA activities. The Committee expects to be notified of 

any proposed change in the use of such funds at least 30 days prior 

to the reallocation of the funds. 

The Committee recognizes the National HIDTA Assistance Center for providing programmatic support to the HIDTA program to 

include training, financial management/audit review and other essential services. 

The Committee recommendation specifies that up to $2,100,000 

may be used for auditing services and related activities. 

OTHER FEDERAL DRUG CONTROL PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2008 ......................................................... $164,300,000 

Budget request, fiscal year 2009 ....................................................... 189,685,000 

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

Bill compared with: 

Appropriation, fiscal year 2008 ..................................................... +700,000 

Budget request, fiscal year 2009 ................................................... ¥24,685,000 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $165,000,000 for Other Federal Drug Control Programs, an increase of $700,000 

above the enacted fiscal year 2008 level and $24,685,000 below the 

President’s request. The Committee recommends funding for the 

following programs for fiscal year 2009: 

Drug Free Communities ........................................................................ $90,000,000 

Training and technical assistance for drug court professionals ........ 1,500,000 

National Alliance for Model State Drug Laws .................................... 1,250,000 

National Youth Anti-Drug Media Campaign ...................................... 60,000,000 

United States Anti-Doping Agency ...................................................... 10,100,000 

World Anti-Doping Agency dues ........................................................... 1,900,000 

National Drug Control Program performance measures .................... 250,000 

The Committee recommends an appropriation of $60,000,000 for 

the National Youth Anti-Drug Media Campaign, which is the same 

as the level enacted in fiscal year 2008 and $40,000,000 below the 

President’s request. The Committee does not support an increase in 

funding for the Campaign until ONDCP is able to demonstrate the 

effectiveness of the Campaign through improved outcome evaluations and evidence of its positive influence on behavior. The Committee notes that ONDCP plans to contract for an independent 

evaluation of the Campaign during fiscal year 2009. 

The Committee believes that the scope of the Campaign should 

include emerging drug threats such as prescription and over-thecounter drug abuse and inhalant abuse. While recent efforts to 

highlight prescription drug abuse have helped, more can be done 

to raise the awareness of parents and youth. Inhalant abuse is particularly tragic and dangerous, with the possibility of death even 


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with only one use. While the Campaign has emphasized marijuana 

use due to its prevalence among youth, ONDCP should reevaluate 

the focus of the Campaign to ensure it adequately addresses youth 

behavior and beliefs regarding these emerging threats. In addition, 

the Committee believes that the Campaign should address more 

than just national drug threats but should work to address regional 

and local drug threats by complementing existing State and local 

drug prevention initiatives. 

The Committee continues bill language to maintain funding for 

non-advertising services for the Media Campaign at no less than 

the fiscal year 2003 ratio of service funding to total funds. These 

activities should continue to include special initiatives designed to 

reach Hispanic audiences and engage private sector participation 

in the program. 

The Committee continues to support efforts to demonstrate the 

harmful consequences of using performance-enhancing drugs. The 

Committee is encouraged that representatives of major professional 

sports leagues, the U.S. Olympic Committee, and Federal agencies 

are increasing their collaboration on this issue. These organizations 

must continue to strengthen their commitment to stop performance-enhancing drug use by athletes, as well as to educate youth 

on the dangers of such drugs. ONDCP and the U.S. Anti-Doping 

Agency should work closely with professional sports organizations 

and other organizations to educate high school, middle school and 

grade school children on the dangers of performance-enhancing 

drugs. 

UNANTICIPATED NEEDS

Appropriation, fiscal year 2008 ......................................................... $1,000,000 

Budget request, fiscal year 2009 ....................................................... 1,000,000 

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

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. – – – 

Budget request, fiscal year 2009 ................................................ – – – 

These funds enable the President to meet unanticipated emergencies in support of the national interest, security, or defense. 

COMMITTEE RECOMMENDATION

The Committee recommends $1,000,000 for unanticipated needs, 

the same as the fiscal year 2008 level and the President’s request. 

The recommendation would permit the funds to remain available 

until expended. Expenditures from this account may be authorized 

by the President. 

PRESIDENTIAL TRANSITION ADMINISTRATIVE SUPPORT

(INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2008 ......................................................... – – – 

Budget request, fiscal year 2009 ....................................................... $8,000,000 

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

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +8,000,000 

Budget request, fiscal year 2009 ................................................ – – – 

The Presidential Transition Administrative Support account supplements other administrative resources of the Executive Office of 


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the President in support of the transition to the next Presidential 

Administration. 

COMMITTEE RECOMMENDATION

The Committee recommends $8,000,000 for Presidential Transition Administrative Support, which is the same amount as requested by the President. 

SPECIAL ASSISTANCE TO THE PRESIDENT

SALARIES AND EXPENSES

Appropriation, fiscal year 2008 ......................................................... $4,432,000 

Budget request, fiscal year 2009 ....................................................... 4,496,000 

Recommended in the bill ................................................................... 4,496,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +64,000 

Budget request, fiscal year 2009 ................................................ – – – 

These funds support the official duties and functions of the Office 

of the Vice President. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $4,496,000 for 

the Office of the Vice President, an increase of $64,000 above the 

fiscal year 2008 level and the same as the amount requested by the 

President. 

OFFICIAL RESIDENCE OF THE VICE PRESIDENT

OPERATING EXPENSES

(INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2008 ......................................................... $320,000 

Budget request, fiscal year 2009 ....................................................... 323,000 

Recommended in the bill ................................................................... 323,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +3,000 

Budget request, fiscal year 2009 ................................................ – – – 

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 $323,000 for the 

Operating Expenses of the Vice President’s residence, an increase 

of $3,000 above the amount enacted in fiscal year 2008 and the 

same as requested by the President. 

ADMINISTRATIVE PROVISIONS—EXECUTIVE OFFICE OF THE

PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT

(INCLUDING TRANSFER OF FUNDS)

Section 201. The Committee continues language to permit the 

transfer of not to exceed 10 percent of funds from certain offices 

within the Executive Office of the President. 


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Section 202. The Committee includes a provision requiring a financial plan by the Director of the ONDCP prior to the obligation 

of funds in fiscal year 2009. 

TITLE III—THE JUDICIARY 

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

States Courts and include the salaries of judges, magistrates, probation and pretrial services officers, and supporting personnel and 

other expenses of the Federal Judiciary. 

In addition to direct appropriations, the Judiciary collects fees 

and has various carryover authorities. The Judiciary uses these 

non-appropriated funds to offset its direct appropriation requirements. Consistent with prior year practices, the Committee expects 

the Judiciary to submit a financial plan, allocating all sources of 

available funds including appropriations, fee collections, and carryover balances. The Judiciary should consider this financial plan to 

be the baseline for determining if reprogramming notification is required. The Committee expects the plan to be submitted within 90 

days after enactment of this Act. 

The Committee encourages the Judiciary to explore ways to increase outreach to minority law students with the goal of increasing the number of minorities in clerkship positions. 

The Committee notes that the Judiciary revised its fiscal year 

2009 estimates in May of 2008, decreasing the total request nearly 

$164 million from the amounts included in the President’s budget. 

The recommended funding levels in this bill reflect information 

presented to the Committee in the re-estimated request. 

SUPREME COURT OF THE UNITED STATES

SALARIES AND EXPENSES

Appropriation, fiscal year 2008 ......................................................... $66,526,000 

Budget request, fiscal year 2009 ....................................................... 69,777,000 

Recommended in the bill ................................................................... 69,777,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +3,251,000 

Budget request, fiscal year 2009 ................................................ – – – 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $69,777,000 for 

fiscal year 2009 for the salaries and expenses of personnel and the 

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

building and grounds. The recommendation is $3,251,000 above the 

fiscal year 2008 level and is the same as the request for this account. The recommendation provides inflationary and other standard adjustments. 

The Committee continues to include bill language making 

$2,000,000 available until expended for the purpose of making information technology investments. The Committee directs the Supreme Court to provide an annual report, to be included in its 

budget justification materials, showing information technology 

carry-over balances and describing each expenditure made in the 

previous fiscal year and planned expenditures in the budget year. 


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CARE OF THE BUILDING AND GROUNDS

Appropriation, fiscal year 2008 ......................................................... $12,201,000 

Budget request, fiscal year 2009 ....................................................... 18,447,000 

Recommended in the bill ................................................................... 18,447,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +6,246,000 

Budget request, fiscal year 2009 ................................................ – – – 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $18,447,000 for 

fiscal year 2009 for personnel and other services relating to the Supreme Court building and grounds, which is supervised by the Architect of the Capitol. The recommendation is the same as the request and $6,246,000 above the fiscal year 2008 level. The Committee expects to be informed of any changes to the scope and projected completion date of the original building modernization 

project. Language in the bill allows funds to remain available until 

expended. 

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

SALARIES AND EXPENSES

Appropriation, fiscal year 2008 ......................................................... $27,072,000 

Budget request, fiscal year 2009 ....................................................... 32,357,000 

Recommended in the bill ................................................................... 30,384,000 

Bill compared with:.

Appropriation, fiscal year 2008 .................................................. +3,312,000 

Budget request, fiscal year 2009 ................................................ ¥1,973,000 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $30,384,000 for 

fiscal year 2009 for the salaries and expenses of the United States 

Court of Appeals for the Federal Circuit. The recommendation is 

$3,312,000 above the fiscal year 2008 appropriation and $1,973,000 

below the request. 

The Committee has provided one half of the requested funds for 

rental space for senior judges, as well as one half of the funding 

for additional law clerks for judges. At this time, the Committee 

does not definitively know whether judges will take senior status 

during fiscal year 2009. Additionally, there may be challenges in 

appointing new judges if current judges do take senior status, lessening the need for the additional clerks for the full fiscal year. 

The Committee directs the Court to report on the planned use of 

the funding for program increases 120 days after enactment of this 

Act. 

UNITED STATES COURT OF INTERNATIONAL TRADE

SALARIES AND EXPENSES

Appropriation, fiscal year 2008 ......................................................... $16,632,000 

Budget request, fiscal year 2009 ....................................................... 19,622,000 

Recommended in the bill ................................................................... 19,590,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +2,958,000 

Budget request, fiscal year 2009 ................................................ ¥32,000 


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COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $19,590,000 for 

fiscal year 2009 for the salaries and expenses of the United States 

Court of International Trade. The Committee recommendation is 

$32,000 less than the budget request and $2,958,000 above the fiscal year 2008 level. The recommendation provides inflationary and 

other standard adjustments. 

COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL

SERVICES

SALARIES AND EXPENSES

Appropriation, fiscal year 2008 1 ....................................................... $4,619,262,000 

Budget request, fiscal year 2009 ....................................................... 4,963,091,000 

Recommended in the bill ................................................................... 4,830,060,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +210,798,000 

Budget request, fiscal year 2009 ................................................ ¥133,031,000 1Of this amount, $14,500,000 was designated as emergency funding. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $4,830,060,000 

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 $210,798,000 above 

the fiscal year 2008 appropriation and $133,031,000 below the request. The recommendation provides inflationary and other standard adjustments. 

The recommendation funds the Judiciary’s $3,000,000 requested 

increase to annualize the funding provided in fiscal year 2008 for 

growing workload associated with increased immigration related 

prosecutions. The recommendation also fully funds the $1,041,000 

requested increase for additional magistrate judges associated with 

increased workload. 

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. 

The Committee urges the Judicial Conference of the United 

States to take into account judicial districts’ caseloads when 

prioritizing Federal courthouse construction projects and to give 

priority consideration for new construction to areas such as 

McAllen, Texas, in the Southern District of Texas, and other border 

districts which are experiencing high caseloads. 


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VACCINE INJURY COMPENSATION TRUST FUND

Appropriation, fiscal year 2008 ......................................................... $4,099,000 

Budget request, fiscal year 2009 ....................................................... 4,253,000 

Recommended in the bill ................................................................... 4,253,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +154,000 

Budget request, fiscal year 2009 ................................................ – – – 

COMMITTEE RECOMMENDATION

The Committee recommends a reimbursement of $4,253,000 for 

fiscal year 2009 from the Special Fund to cover expenses of the 

Claims Court associated with processing cases under the National 

Childhood Vaccine Injury Act of 1986. This amount is $154,000 

above the amount available in fiscal year 2008 and equal to the request. 

DEFENDER SERVICES

Appropriation, fiscal year 2008 1 ....................................................... $846,101,000 

Budget request, fiscal year 2009 ....................................................... 911,408,000 

Recommended in the bill ................................................................... 862,977,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +16,876,000 

Budget request, fiscal year 2009 ................................................ ¥48,431,000 1Of this amount $10,500,000 was designated as emergency funding. 

COMMITTEE RECOMMENDATION

This account provides funding for the operation of the Federal 

Public Defender and Community Defender organizations and for 

compensation and reimbursement of expenses of panel attorneys 

appointed pursuant to the Criminal Justice Act (CJA) for representation in criminal cases. 

The Committee recommends an appropriation of $862,977,000 for 

fiscal year 2009. The recommendation is $27,376,000 above the fiscal year 2008 level and $48,431,000 below the request. The recommendation provides inflationary and other standard adjustments. The recommendation includes increases for the expected 

number of representations for fiscal year 2009. The recommendation also includes funding to support a cost of living adjustment for 

Defenders of $2 to $102 per hour and a salary increase of an additional $8 to $110 per hour. 

FEES OF JURORS AND COMMISSIONERS

Appropriation, fiscal year 2008 ......................................................... $63,081,000 

Budget request, fiscal year 2009 ....................................................... 62,206,000 

Recommended in the bill ................................................................... 62,206,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. ¥875,000 

Budget request, fiscal year 2009 ................................................ – – – 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $62,206,000 for 

payments to jurors, which is $875,000 below the fiscal year 2008 

level and the same as the request. 


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COURT SECURITY

(INCLUDING TRANSFERS OF FUNDS)

Appropriation, fiscal year 2008 ......................................................... $410,000,000 

Budget request, fiscal year 2009 ....................................................... 439,915,000 

Recommended in the bill ................................................................... 430,004,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +20,004,000 

Budget request, fiscal year 2009 ................................................ ¥9,911,000 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $430,004,000 for 

Court Security in fiscal year 2009 to provide for necessary expenses 

of security and protective services in courtrooms and adjacent 

areas. This is an increase of $20,004,000 above the fiscal year 2008 

level and $9,911,000 below the request. Bill language is included 

allowing up to $15,000,000 to remain available until expended. The recommendation includes 9 FTE and $4,082,000 more than 

fiscal year 2008 levels to provide the U.S. Marshals with resources 

to support the Federal Judiciary’s Court Security program. 

The Committee looks forward to implementation of the court security pilot program authorized in fiscal year 2008 in this bill and 

reauthorized for fiscal year 2009. The Committee directs the Judiciary to report on the execution of the program, including a cost comparison, 120 days after enactment of this Act. 

ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS

SALARIES AND EXPENSES

Appropriation, fiscal year 2008 ......................................................... $76,036,000 

Budget request, fiscal year 2009 ....................................................... 81,959,000 

Recommended in the bill ................................................................... 79,049,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +3,013,000 

Budget request, fiscal year 2009 ................................................ ¥2,910,000 

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

Courts, including the probation and bankruptcy systems. It also 

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

the courts to conduct business efficiently and economically, and in 

enhancing the use of information technology in the courts. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $79,049,000 for 

the salaries and expenses of the AO, which is $3,013,000 above the 

fiscal year 2008 level and $2,910,000 below the request. 

FEDERAL JUDICIAL CENTER

SALARIES AND EXPENSES

Appropriation, fiscal year 2008 ......................................................... $24,187,000 

Budget request, fiscal year 2009 ....................................................... 25,759,000 

Recommended in the bill ................................................................... 25,725,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +1,538,000 

Budget request, fiscal year 2009 ................................................ ¥34,000 


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The Center improves the management of Federal Judicial dockets and court administration through education for judges and 

staff, and research, evaluation, and planning assistance for the 

courts and the Judicial Conference. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $25,725,000 for 

the salaries and expenses of the Federal Judicial Center for fiscal 

year 2009, which is $1,538,000 above the fiscal year 2008 level and 

$34,000 below the request. 

JUDICIAL RETIREMENT FUNDS

PAYMENT TO JUDICIARY TRUST FUNDS

Appropriation, fiscal year 2008 ......................................................... $65,400,000 

Budget request, fiscal year 2009 ....................................................... 76,140,000 

Recommended in the bill ................................................................... 76,140,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +10,740,000 

Budget request, fiscal year 2009 ................................................ – – – 

These funds cover the estimated annuity payments to be made 

to retired bankruptcy judges, magistrate judges, Claims Court 

judges, and spouses and dependent children of deceased judicial officers. 

COMMITTEE RECOMMENDATION

The Committee provides $76,140,000 for payments to the Judicial Officers’ Retirement Fund, the Judicial Survivors’ Annuities 

Fund, and the Claims Court Judges Retirement Fund for fiscal 

year 2009. This amount is the same as the budget request and 

$10,740,000 above the fiscal year 2008 level. These payments are 

considered mandatory for budget scorekeeping purposes. 

UNITED STATES SENTENCING COMMISSION

SALARIES AND EXPENSES

Appropriation, fiscal year 2008 ......................................................... $15,477,000 

Budget request, fiscal year 2009 ....................................................... 16,257,000 

Recommended in the bill ................................................................... 16,225,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +748,000 

Budget request, fiscal year 2009 ................................................ ¥32,000 

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

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

operation of the guidelines and to identify and report necessary 

changes to the Congress. 

COMMITTEE RECOMMENDATION

The Committee recommends $16,225,000 for the salaries and expenses of the United States Sentencing Commission for fiscal year 

2009, which is $748,000 above the fiscal year 2008 appropriation 

and $32,000 below the request. 


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ADMINISTRATIVE PROVISIONS—THE JUDICIARY

Section 301. The Committee continues language to permit funds 

in the bill for salaries and expenses for the Judiciary to be available for employment of experts and consultant services as authorized by 5 U.S.C. 3109. 

Section 302. The Committee continues language that permits up 

to 5 percent of any appropriation made available for fiscal year 

2008 to be transferred between Judiciary appropriations accounts 

provided that no appropriation shall be decreased by more than 5 

percent or increased by more than 10 percent by any such transfer 

except in certain circumstances. In addition, the language provides 

that any such transfer shall be treated as a reprogramming of 

funds under section 608 of the accompanying bill and shall not be 

available for obligation or expenditure except in compliance with 

the procedures set forth in that section. 

Section 303. The Committee continues language authorizing not 

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

States. 

Section 304. The Committee continues language requiring a financial plan for the Judiciary within 90 days of enactment of this 

Act. 

Section 305. The Committee includes language to enable the Federal Judiciary to contract for repairs under $100,000. 

Section 306. The Committee continues language to authorize a 

court security pilot program. 

Section 307. The Committee includes language intended to provide equal treatment for Federal judges regarding life insurance 

premiums. 

Section 308. The Committee includes language intended to allow 

the Director of the Administrative Office of the U.S. Courts to expend funds for purposes of the Second Chance Act. The Committee 

directs the Administrative Office of the U.S. Courts to report to the 

Committee on the parameters that define what will constitute eligible expenses before the program is implemented. 

Section 309. The Committee includes language removing a sunset date from certain procurement authorities. 

Section 310. The Committee includes language extending temporary judgeships in Ohio and Kansas. 

TITLE IV—DISTRICT OF COLUMBIA 

FEDERAL FUNDS

FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

Appropriation, fiscal year 2008 ......................................................... $33,000,000 

Budget request, fiscal year 2009 ....................................................... 35,100,000 

Recommended in the bill ................................................................... 35,100,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +2,100,000 

Budget request, fiscal year 2009 ................................................ – – – 

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 


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appropriation which is deposited into a dedicated account under 

the control of the District of Columbia Chief Financial Officer. 

These funds are to be used on behalf of eligible District of Columbia residents to pay an amount based upon the difference between 

in-State and out-of-State tuition at eligible public and private institutions of higher education. 

COMMITTEE RECOMMENDATION

The Committee recommends a Federal payment of $35,100,000 

for the resident tuition support program, $2,100,000 above the fiscal year 2008 appropriation and the same as the budget request. 

The District of Columbia is expected to adhere to the authorizing 

statute with regard to the administrative expenses associated with 

this program. 

FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS

Appropriation, fiscal year 2008 ......................................................... $3,352,000 

Budget request, fiscal year 2009 ....................................................... 15,000,000 

Recommended in the bill ................................................................... 15,352,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +12,000,000 

Budget request, fiscal year 2009 ................................................ +352,000 

COMMITTEE RECOMMENDATION

The Committee recommends a Federal payment of $15,352,000 for emergency planning and security costs, $12,000,000 above the 

fiscal year 2008 appropriation and $352,000 above the budget request. These funds are for emergency planning and security costs 

related to the presence of the Federal Government in the District 

of Columbia and surrounding jurisdictions. The Committee notes 

that the sizeable increase for fiscal year 2009 is due to expected expenses associated with the 2009 Presidential Inauguration. 

The Committee is concerned with the extra burden that certain 

agencies within the District of Columbia government face due to 

the Federal presence in the city, mostly notably the Metropolitan 

Police Department (MPD). The accompaniment of police officers to 

support the motorcade travel of the President, the Vice President 

and the First Lady requires resources for which the MPD historically has not been reimbursed by the Federal Government. No 

other U.S. city must use its own resources to protect Federal officials on a regular basis. It is for this reason that a change has been 

made to appropriations language for fiscal year 2009 to make protection of Federal officials in support of the mission of the Secret 

Service an allowable cost under this account. 

The Committee also changes this account from a reimbursement 

to a direct payment. The Committee does not intend for this action 

to lead to an expansion of the authorized expenses under the fund, 

except as outlined in this report. The Committee requests a detailed justification to be submitted with the budget request in future years, 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. 

The Committee acknowledges the unique role of the District of 

Columbia National Guard in addressing emergencies that may 

occur as a result of the presence of the Federal Government and 


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continues funding of $352,000 for the District of Columbia National 

Guard to pay the costs of a tuition assistance program for guard 

members who are non-District residents. 

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS

Appropriation, fiscal year 2008 ......................................................... $223,920,000 

Budget request, fiscal year 2009 ....................................................... 223,920,000 

Recommended in the bill ................................................................... 248,409,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +24,489,000 

Budget request, fiscal year 2009 ................................................ +24,489,000 

COMMITTEE RECOMMENDATION

The Committee recommends a Federal payment of $248,409,000 

for operation of the District of Columbia Courts, $24,489,000 above 

the fiscal year 2008 appropriation and the fiscal year 2009 budget 

request. This amount includes $12,630,000 for the Court of Appeals, $104,277,000 for the Superior Court, $55,426,000 for the 

Court System, and $76,076,000 for capital improvements to courthouse facilities. 

The Committee appreciates the responsiveness of the District of 

Columbia Courts with regard to concerns over the cell block at the 

Moultrie Courthouse. Additional funding recommended for capital 

improvements over the President’s budget request is for renovation 

and modernization of the adult cellblock and U.S. Marshals space 

at the Moultrie Courthouse. 

DEFENDER SERVICES IN THE DISTRICT OF COLUMBIA COURTS

Appropriation, fiscal year 2008 ......................................................... $47,975,000 

Budget request, fiscal year 2009 ....................................................... 47,975,000 

Recommended in the bill ................................................................... 52,475,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +4,500,000 

Budget request, fiscal year 2009 ................................................ +4,500,000 

COMMITTEE RECOMMENDATION

The Committee recommends $52,475,000 for Defender Services 

in District of Columbia Courts, $4,500,000 above the fiscal year 

2008 appropriation and $4,500,000 above the budget request. 

The recommendation includes a pay adjustment for defenders 

from $80 per hour to $90 per hour to ensure Defender Services can 

continue to attract qualified attorneys. 

FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER

SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA

Appropriation, fiscal year 2008 ......................................................... $190,343,000 

Budget request, fiscal year 2009 ....................................................... 202,490,000 

Recommended in the bill ................................................................... 202,490,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +12,147,000 

Budget request, fiscal year 2009 ................................................ – – – 

COMMITTEE RECOMMENDATION

The Committee recommends a Federal payment of $202,490,000 

for the Court Services and Offender Supervision Agency (CSOSA), 

$12,147,000 above the fiscal year 2008 appropriation and the same 

as the budget request. Of the amounts provided, $147,652,000 is 


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for the Community Supervision Sex Offender Registration and 

$54,838,000 is for the Pretrial Services Agency. Increased funds 

over fiscal year 2008 are provided for pay and non-pay inflationary 

costs, as well as investments in infrastructure for CSOSA’s offender case management system and field units. 

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER

SERVICE

Appropriation, fiscal year 2008 ......................................................... $32,710,000 

Budget request, fiscal year 2009 ....................................................... 35,659,000 

Recommended in the bill ................................................................... 35,659,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +2,949,000 

Budget request, fiscal year 2009 ................................................ – – – 

COMMITTEE RECOMMENDATION

The Committee recommends a Federal payment of $35,659,000 

for the Public Defender Service for the District of Columbia 

(PDSDC), $2,949,000 above the fiscal year 2008 appropriation and 

the same as the budget request. The Committee includes $700,000 

to be available for two years to support new space for the Mental 

Health Division. 

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND

SEWER AUTHORITY

Appropriation, fiscal year 2008 ......................................................... $8,000,000 

Budget request, fiscal year 2009 ....................................................... 14,000,000 

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

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +6,000,000 

Budget request, fiscal year 2009 ................................................ – – – 

COMMITTEE RECOMMENDATION

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

the District of Columbia Water and Sewer Authority (WASA), 

$6,000,000 above the fiscal year 2008 appropriation and the same 

as the budget request. These funds are to continue implementation 

of the Combined Sewer Overflow Long-Term Plan. Funds will be 

matched 100 percent by WASA. 

FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING

COUNCIL

Appropriation, fiscal year 2008 ......................................................... $1,300,000 

Budget request, fiscal year 2009 ....................................................... 1,774,000 

Recommended in the bill ................................................................... 1,774,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +474,000 

Budget request, fiscal year 2009 ................................................ – – – 

COMMITTEE RECOMMENDATION

The Committee recommends a Federal payment of $1,774,000 to 

the Criminal Justice Coordinating Council (CJCC), $474,000 above 

the fiscal year 2008 appropriation and the same as the budget request. These funds are to support initiatives related to the coordination of Federal and local criminal justice resources in the District 

of Columbia. Similar to prior years, the Committee directs the 

CJCC to submit performance measures in an annual report. 


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FEDERAL PAYMENT TO THE OFFICE OF THE CHIEF FINANCIAL OFFICER

OF THE DISTRICT OF COLUMBIA

Appropriation, fiscal year 2008 ......................................................... $5,453,000 

Budget request, fiscal year 2009 ....................................................... – – – 

Recommended in the bill ................................................................... 4,486,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. ¥967,000 

Budget request, fiscal year 2009 ................................................ +4,486,000 

COMMITTEE RECOMMENDATION

The Committee recommends a Federal payment of $4,486,000 for 

the Chief Financial Officer (CFO) of the District of Columbia, 

$967,000 below fiscal year 2008 and $4,486,000 above the request. 

These funds are for education, environmental, social service and 

economic development initiatives in the District of Columbia. The 

Committee directs each grantee to submit a comprehensive budget 

and a report on the activities to be carried out with the funds no 

later than March 15, 2009. The District CFO will submit a comprehensive report no later than June 1, 2009, to the Committee on 

Appropriations highlighting which grantees did not comply with 

the reporting requirements. The Committee requires that any 

funds to these grantees must be spent primarily in the District of 

Columbia to benefit District residents. 

Project Name Amount 

Boys and Girls Club of Greater Washington for Project Learn ....................................................................... $100,000 

Capital Area Food Bank Facility Construction ................................................................................................. 200,000 

DC Campaign for Literacy Education (CYCLE) ................................................................................................ 84,000 

Educational Advancement Alliance for the DC Student Support Services Project ......................................... 250,000 

Everybody Wins! ............................................................................................................................................... 400,000 

Excel-Automotive Workforce Development Training Program ........................................................................... 300,000 

Georgetown Metro Connection .......................................................................................................................... 100,000 

‘‘I Have a Dream’’ Foundation of Washington DC, Brent Dream Class of 2006 ........................................... 84,000 

National Children’s Alliance ............................................................................................................................. 250,000 

Safe Kids Worldwide, Inc., Child Safety Initiative ........................................................................................... 375,000 

The Perry School for an Economic Empowerment Program ............................................................................. 100,000 

FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT

Appropriation, fiscal year 2008 ......................................................... $40,800,000 

Budget request, fiscal year 2009 ....................................................... 54,000,000 

Recommended in the bill ................................................................... 54,000,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +13,200,000 

Budget request, fiscal year 2009 ................................................ – – – 

COMMITTEE RECOMMENDATION

The Committee recommends a Federal payment of $54,000,000 

for school improvement, $13,200,000 above fiscal year 2008 and the 

same as the budget request. These funds are allocated as follows: 

$21,200,000 to improve public school education in the District of 

Columbia, $18,000,000 to expand quality charter schools, and 

$14,800,000 to the Secretary of Education for opportunity scholarships for low-income children in the District of Columbia, of which 

$1,000,000 is for administrative expenses. 

The Committee wishes to express its support and full confidence 

in the leadership of the District of Columbia in its efforts to improve the public school system. 


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Further, the Committee recommends funding opportunity scholarships at the same level as in fiscal year 2008. Should the District 

of Columbia leadership decide not to proceed with this program in 

future years, the Committee encourages the city to communicate 

with Congress regarding a transition plan for students. 

FEDERAL PAYMENT TO JUMP START PUBLIC SCHOOL REFORM

Appropriation, fiscal year 2008 ......................................................... – – – 

Budget request, fiscal year 2009 ....................................................... $20,000,000 

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

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +20,000,000 

Budget request, fiscal year 2009 ................................................ – – – 

COMMITTEE RECOMMENDATION

The Committee recommends the requested level of $20,000,000 

for a one-time payment to jump start school reform in the District 

of Columbia, $20,000,000 over fiscal year 2008. This funding will 

support: the recruitment, training and developing of principals and 

other school leaders, development of school programs, data and reporting requirement systems, and outreach to parents and other 

community members. 

FEDERAL PAYMENT FOR CONSOLIDATED LABORATORY FACILITY

Appropriation, fiscal year 2008 ......................................................... $5,000,000 

Budget request, fiscal year 2009 ....................................................... 5,000,000 

Recommended in the bill ................................................................... 21,000,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +16,000,000 

Budget request, fiscal year 2009 ................................................ +16,000,000 

COMMITTEE RECOMMENDATION

The Committee recommends a Federal payment of $21,000,000 

for a consolidated bioterrorism and forensics lab, $16,000,000 above 

fiscal year 2008 and $16,000,000 above the budget request. The 

Committee recognizes the need associated with this facility and the 

high priority the city has placed on this project and therefore, has 

provided adequate resources to start construction during fiscal year 

2009. 

FEDERAL PAYMENT FOR CENTRAL LIBRARY AND BRANCH LOCATIONS

Appropriation, fiscal year 2008 ......................................................... $9,000,000 

Budget request, fiscal year 2009 ....................................................... 7,000,000 

Recommended in the bill ................................................................... 7,000,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. ¥2,000,000 

Budget request, fiscal year 2009 ................................................ – – – 

COMMITTEE RECOMMENDATION

The Committee recommends a Federal payment of $7,000,000, as 

requested, for the District of Columbia’s capital program for modernization of neighborhood libraries. 


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FEDERAL PAYMENT TO REIMBURSE THE FEDERAL BUREAU OF

INVESTIGATION

Appropriation, fiscal year 2008 ......................................................... $4,000,000 

Budget request, fiscal year 2009 ....................................................... 5,000,000 

Recommended in the bill ................................................................... – – – 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. ¥4,000,000 

Budget request, fiscal year 2009 ................................................ ¥5,000,000 

COMMITTEE RECOMMENDATION

The Committee recommends no funding for a reimbursement to 

the FBI for forensics work on behalf of the District of Columbia for 

fiscal year 2009. The Committee believes the funds would be better 

served being devoted to the capital needs associated with building 

the consolidated bioterrorism and forensics lab so that the District 

of Columbia will no longer have to rely on other agencies to perform forensics work on its behalf. 

DISTRICT OF COLUMBIA FUNDS

The Committee recommends a total of $10,011,231,000 for the 

operating expenses of the District of Columbia as contained in the 

fiscal year 2009 proposed budget and financial plan submitted to 

the Congress by the government of the District of Columbia in 

June 2008. Of the total, $6,203,795,000 is from local funds, 

$2,177,373,000 is from Federal grant funds, $1,623,754,000 is from 

other funds, $6,310,000 is from private funds, and $156,874,000 is 

from prior year funds. In addition, an increase of $1,482,977,000 is 

for capital construction projects. 

The Committee directs that any changes to the financial plan as 

submitted by the District must follow the reprogramming guidelines. 

TITLE V—INDEPENDENT AGENCIES 

CONSUMER PRODUCT SAFETY COMMISSION

SALARIES AND EXPENSES

Appropriation, fiscal year 2008 ......................................................... $80,000,000 

Budget request, fiscal year 2009 ....................................................... 80,000,000 

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

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +20,000,000 

Budget request, fiscal year 2009 ................................................ +20,000,000 

The Consumer Product Safety Act established the Consumer 

Product Safety Commission (CPSC), an independent Federal regulatory agency, to reduce unreasonable risk of injury associated with 

consumer products. Its primary responsibilities and overall goals 

are: to protect the public against unreasonable risk of injury associated with consumer products; to develop uniform safety standards 

for consumer products, minimizing conflicting State and local regulations; and to promote research into prevention of product-related 

deaths, illnesses, and injuries. 

COMMITTEE RECOMMENDATION

The Committee recommends $100,000,000 for fiscal year 2009, 

$20,000,000 above the amount provided for fiscal year 2008 and the 


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amount requested by the President. After years of budget cuts and 

staffing decline, and after numerous product recalls in 2007 involving health and safety hazards, the CPSC received a considerable 

(27.5 percent) increase in funding in its fiscal year 2008 budget. 

The CPSC is using these additional resources to substantially improve its product safety activities, including the implementation of 

an Import Safety Initiative, upgrades to information technology 

and databases, and modernization of its testing laboratory. The 

Committee expects the CPSC to continue to use this infusion of resources to enhance its efforts to keep unsafe products out of the 

marketplace. 

The Committee believes that the progress that is being made 

must be continued. The CPSC will have significant new responsibilities under legislation being considered by Congress, as well as 

legislation that has already become law. Adequate funding is necessary to meet these responsibilities, and the Committee’s recommendation for fiscal year 2009 reflects this reality. Of the 

$20,000,000 increase provided above the President’s request, 

$6,000,000 is for the implementation of the Virginia Graeme Baker 

Pool and Spa Safety Act, which was signed by the President on December 19, 2007. Funding for the modernization of CPSC’s testing 

laboratory is continued at $6,000,000, which is the same amount 

as requested by the President. 

Within the level of funds provided, the Committee expects the 

CPSC to assign a Product Safety Officer and a foreign national employee to the United States embassy in Beijing, China. Having a 

presence in Asia will allow the CPSC to improve its outreach to 

Asian businesses, trade associations, and governments regarding 

the safety standards of the United States. This effort, along with 

the deployment of CPSC staff to United States ports, will increase 

the CPSC’s ability to protect Americans from the importation of 

dangerous products. 

The Committee recognizes the importance of screening consumer 

products for lead content as those products arrive at ports of entry. 

The Committee urges CPSC to increase its capacity for such 

screening through use of innovative technologies that enable fast 

and accurate on-site analysis of lead content. 

The bill also includes language that limits official reception and 

representation expenses to no more than $1,000 in fiscal year 2009. 

ELECTION ASSISTANCE COMMISSION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2008 ......................................................... $16,530,000 

Budget request, fiscal year 2009 ....................................................... 16,679,000 

Recommended in the bill ................................................................... 18,559,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +2,029,000 

Budget request, fiscal year 2009 ................................................ +1,880,000 

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 throughout the United States, including the 

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cation and testing of voting systems, studies of election administration issues, and the implementation of election reform payments to 

states as well as grant programs related to election reform. 

COMMITTEE RECOMMENDATION

The Committee recommends $18,559,000 for EAC Salaries and 

expenses, an increase of $2,029,000 above the fiscal year 2008 enacted level and an increase of $1,880,000 above the budget request. 

The recommendation also includes the requested transfer of 

$4,000,000, an increase of $750,000 above the amount transferred 

in fiscal year 2008, to the National Institute of Standards and 

Technology. Also included in this recommendation are $1,250,000 ($500,000 

above the fiscal year 2008 level) for the Help America Vote College 

Program and $400,000 ($200,000 above the fiscal year 2008 level) 

for mock election programs. Both programs are competitive grant 

programs. The college program, first implemented during the 2004 

election, recruits and trains young people in colleges, universities, 

and community colleges to serve as nonpartisan pollworkers, helping to address a nationwide pollworker shortage. Mock election programs promote participation in elections through voter education 

activities for students and their parents. 

The Committee encourages the use of voting machines in student 

elections. This will allow students, the nation’s voters of tomorrow, 

to become familiar with voting processes and technologies so that 

when they turn 18, they will be comfortable with their civic duties. 

Groups involved in student mock elections should work with local 

election authorities to promote the use of voting machines by students. 

The EAC is a small agency with a very limited staff and budget. 

As such, the EAC needs to prioritize its attention and resources toward meeting its core responsibilities under HAVA, including serving as a national clearinghouse on best practices, further improving 

and implementing voluntary voting system guidelines, and directing a national voting system certification program. Attention must 

be given to ensuring the usability, accessibility, and security of voting systems, as well as the fair, open, and nonpartisan administration of elections. By focusing on these issues, the EAC will build 

its credibility as a trusted and essential resource for stakeholders 

in the election community. 

The Committee is concerned about specific issues that face voters 

with alternative language accessibility challenges, including Latino, 

Asian American, Pacific Islander and Native American and Alaskan Native voters. Such challenges have been well documented 

throughout recent election cycles and include both a failure of applicable jurisdictions to meet requirements of Section 203 of the 

Voting Rights Act, and general discrimination faced by such voters 

at polling places. The Committee believes that jurisdictions covered 

under Section 203 of the Voting Rights Act must commit the financial resources necessary to meet the requirements of the Section 

and the requirements under Section 301(a)(4) of HAVA. Funding is 

essential to ensure that every eligible voter has an equal opportunity to cast a vote and have that vote counted, regardless of 

English proficiency. The Committee believes that States should 

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cient funding levels for alternative language accessibility. The 

Committee also notes that States are obligated by statute to comply with Section 203 irrespective of the availability of HAVA funding. The Committee directs the EAC, in consultation with the Department of Justice, to communicate with States to reiterate the requirements of HAVA and the Voting Rights Act and to direct 

States to revise their plans if they are not consistent with alternative language accessibility requirements under law. The EAC is 

also directed to report to the Committee, within 90 days of enactment of this Act, on how the EAC would develop a plan for a thorough assessment of State and local jurisdiction funding requirements for alternative language accessibility in jurisdictions covered 

by Section 203, including (but not limited to): (1) the type and 

quantity of data EAC would need to collect from the jurisdictions; 

(2) data quality considerations; (3) resources required by the EAC 

for this assessment; and (4) statutory changes for Congress to consider that would better enable the EAC to perform the assessment. 

The Committee remains concerned over recent elections in which 

there has been continued confusion over the operation of direct recording electronic (DRE) ballot machines, and in which there have 

been machine failures and irregularities in the tabulation of votes. 

Unfortunately, there is no current explicit authorization to provide 

safety mechanisms, including back-up paper ballots and post-election random audits. The Committee directs the EAC to make a determination as to whether States can use current HAVA funds to 

pay for activities such as back-up paper ballots and post-election 

random audits in order to better ensure the security and trustworthiness of the voting process. 

ELECTION REFORM PROGRAMS

Appropriation, fiscal year 2008 ......................................................... $115,000,000 

Budget request, fiscal year 2009 ....................................................... – – – 

Recommended in the bill ................................................................... 116,000,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +1,000,000 

Budget request, fiscal year 2009 ................................................ +116,000,000 

This appropriation provides for grant programs authorized by the 

Help America Vote Act of 2002 (HAVA) and for related grant programs to improve the administration of elections. 

COMMITTEE RECOMMENDATION

The Committee recommendation includes $116,000,000 for Election reform programs, an increase of $1,000,000 above the fiscal 

year 2008 enacted level and an increase of $116,000,000 above the 

budget request. Of this amount, $110,000,000 is for grants available to States for assistance in meeting the requirements of HAVA 

relating to voting systems, voter registration, provisional ballots, 

and other election administration activities. 

In addition, $5,000,000 is provided for grants for research on voting technology improvements as authorized by the Help American 

Vote Act. The Committee directs the EAC to use the appropriated 

amount to fund research into technological solutions for voting systems that ensure accessibility for voters with disabilities so that 

such voters can vote privately and independently, including 

through the use of official paper ballots. The Committee further diVerDate Aug 31 2005 07:09 Dec 11, 2008 Jkt 045733 PO 00000 Frm 00062 Fmt 6659 Sfmt 6602 E:\HR\OC\HR920.XXX HR920

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rects that technological solutions developed through this federallyfunded research be non-proprietary and be made available to the 

public, including to voting system manufacturers. 

The recommendation also includes $1,000,000 for a pilot program, to be administered by the EAC, to provide grants to States 

and units of local government to fund pre-election logic and accuracy testing of voting systems, as well as post-election voting system verification. The goal of logic and accuracy testing would be to 

ensure that voting system equipment, including tabulation equipment, that will be used in an upcoming election is properly prepared to support the election. Testing would also include assessments of the completeness, accuracy and usability of ballots. Postelection voting system verification would assess the adequacy of 

controls in place prior to and during the election that can detect 

and correct, or prevent, anomalies from occurring in voting systems. Jurisdictions would report on voting system equipment failures during the election as well as on procedural incidents that involved voting equipment. The Committee believes that this pilot 

program would help local election officials ensure the reliable, accurate, secure, and accessible transformation of voter intent into tabulated returns. 

FEDERAL COMMUNICATIONS COMMISSION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2008 ......................................................... $313,000,000 

Budget request, fiscal year 2009 ....................................................... 338,874,783 

Recommended in the bill ................................................................... 338,874,783 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +25,874,783 

Budget request, fiscal year 2009 ................................................ – – – 

The mission of the Federal Communications Commission (FCC) 

is to implement the Communications Act of 1934 in a manner that 

promotes competition, innovation, and deregulation in the communications industry and the availability of high quality communications services for all Americans. 

COMMITTEE RECOMMENDATION

The bill includes total budget authority of $338,874,783 for the 

salaries and expenses of the FCC for fiscal year 2009, of which 

$337,874,783 is to be derived from offsetting collections, resulting 

in a direct appropriation of $1,000,000. The operating level for fiscal year 2009 is $25,874,783 above the current year and the same 

as the request. 

The Committee recommendation includes bill language, similar 

to that included in previous Appropriations Acts, which allows: (1) 

up to $4,000 for official reception and representation expenses; (2) 

purchase of uniforms and acquisition of vehicles; (3) special counsel 

fees; (4) collection of $337,874,783 in section 9 fees; (5) the sum appropriated to be reduced as section 9 fees are collected; (6) a prohibition on amounts collected in excess of $337,874,783 from being 

available for obligation; (7) a prohibition on remaining offsetting 

collections from prior years from being available for obligation; and 


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(8) retention of $85,000,000 of proceeds from the use of a competitive bidding system. 

The recommendation includes a $25,480,000 transfer from the 

Universal Service Fund (USF) for additional audits and oversight 

activities. The recommendation also includes $1,919,000 in direct 

appropriations to manage the USF audit program. The Committee 

believes that providing these funds to the Office of Inspector General will result in a stronger and more independent oversight and 

audit program. 

The Committee is concerned about the approaching February 

2009 deadline for transition to digital television (DTV) and the 

level of awareness in the general public concerning this deadline. 

Surveys show that many television viewers have never seen, read, 

or heard anything about digital television and the transition. The 

Committee is particularly concerned about how well viewers in disadvantaged and lower-income communities, including Hispanic, African American, disabled, and senior citizen communities, are prepared for the transition. The Committee recommendation includes 

$20,000,000 for DTV education and outreach, as proposed in the 

budget request. 

The Committee stresses the importance of providing all persons 

living under the American flag, including those living in the United 

States territories, equal access to services. The Communications 

Act of 1934 established the FCC to ‘‘make available, so far as possible, to all the people of the United States, without discrimination 

on the basis of race, color, religion, national origin, or sex, a rapid, 

efficient, Nation-wide, and world-wide wire and radio communication service with adequate facilities at reasonable charges’’ (emphasis added). The Committee believes that all communication services, including satellite radio services, should be equally available 

to persons living under the American flag outside of the contiguous 

48 states. Satellite radio services are currently unavailable or have 

limited availability in Puerto Rico, the U.S. Virgin Islands, Guam, 

and American Samoa, Alaska, and Hawaii. The Committee strongly 

encourages the FCC to consider equal access for persons living in 

these locations in its review of the proposed merger of satellite 

radio companies. 

The Committee appreciates that the Commission raised 

$19,592,000,000 in the 700 MHz auction. The sale of this spectrum 

should have a significant effect on the next phase of wireless 

broadband innovation. However, the Committee is very concerned 

that the auction for the D Block did not meet its $1,300,000,000 reserve price established in advance of the auction. The D Block spectrum was set aside for the creation of a public/private partnership 

to solve public safety’s interoperability problems allowing police, 

fire and other first responders to better communicate with one another during an emergency. The 9/11 Commission identified the 

need to increase the assignment of spectrum for first responders in 

its July 2004 report and it is disappointing the Federal Government has yet to address this critical need. The Committee urges 

the Commission to learn from this failure and expeditiously rework 

the rules for this critical spectrum auction so that first responders 

have an interoperable communications network. 


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FEDERAL DEPOSIT INSURANCE CORPORATION

OFFICE OF INSPECTOR GENERAL

(INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2008 ......................................................... $26,848,000 

Budget request, fiscal year 2009 ....................................................... 27,495,000 

Recommended in the bill ................................................................... 27,495,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +647,000 

Budget request, fiscal year 2009 ................................................ – – – 

Funding for the Office of the Inspector General at the Federal 

Deposit Insurance Corporation is provided pursuant to 31 U.S.C. 

1105(a)(25), which requires a separate appropriation account for 

appropriations for each Office of Inspector General of an establishment defined under section 11(2) of the Inspector General Act of 

1978. 

COMMITTEE RECOMMENDATION

The Committee recommendation, the same as the budget request, provides for the transfer of $27,495,000 from the Deposit Insurance Fund, and the FSLIC Resolution Fund to finance the Office of Inspector General for fiscal year 2009. 

FEDERAL ELECTION COMMISSION

SALARIES AND EXPENSES

Appropriation, fiscal year 2008 ......................................................... $59,224,000 

Budget request, fiscal year 2009 ....................................................... 63,618,000 

Recommended in the bill ................................................................... 63,618,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +4,394,000 

Budget request, fiscal year 2009 ................................................ – – – 

The Federal Election Commission (FEC) administers the disclosure of campaign finance information, enforces limitations on contributions and expenditures, supervises the public funding of Presidential elections, and performs other tasks related to Federal elections. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $63,618,000 for 

the Federal Election Commission (FEC), an increase of $4,394,000 

over the amount appropriated in fiscal year 2008 and the same as 

the budget request. 

The Committee notes that it recently approved a significant reprogramming of fiscal year 2008 funds. These funds were available 

for reprogramming due to four commissioner vacancies, as well as 

due to slowness in hiring replacements for staff who have been lost 

through attrition. The Committee intends to carefully monitor the 

resource needs of the FEC during the coming months and may consider adjustments to its fiscal year 2009 budget in the final appropriations bill. 


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FEDERAL LABOR RELATIONS AUTHORITY

SALARIES AND EXPENSES

Appropriation, fiscal year 2008 ......................................................... $23,641,000 

Budget request, fiscal year 2009 ....................................................... 22,674,000 

Recommended in the bill ................................................................... 22,674,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. ¥967,000 

Budget request, fiscal year 2009 ................................................ – – – 

Established by title VII of the Civil Service Reform Act of 1978, 

the Federal Labor Relations Authority (FLRA) serves as a neutral 

arbiter in the labor activities of non-postal Federal employees, Departments and agencies, and Federal unions on matters outlined in 

the Act, including collective bargaining and the settlement of disputes. Establishment of the FLRA gives full recognition to the role 

of the Federal Government as an employer. Under the Foreign 

Service Act of 1980, the FLRA also addresses similar issues affecting Foreign Service personnel by providing full staff support for the 

Foreign Service Impasse Disputes Panel and the Foreign Service 

Labor Relations Board. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $22,674,000 for 

the Federal Labor Relations Authority, a decrease of $967,000 

below the amount appropriated in fiscal year 2008 and the same 

as the budget request. 

FEDERAL TRADE COMMISSION

SALARIES AND EXPENSES

Appropriation, fiscal year 2008 ......................................................... $243,864,000 

Budget request, fiscal year 2009 ....................................................... 256,200,000 

Recommended in the bill ................................................................... 259,200,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +15,336,000 

Budget request, fiscal year 2009 ................................................ +3,000,000 

The mission of the Federal Trade Commission (FTC) is to enforce 

a variety of Federal antitrust and consumer protection laws. Under 

these laws, the Commission seeks to ensure that the nation’s markets are competitive, function vigorously and efficiently, and are 

free from undue governmental and private restrictions. The Commission also seeks to improve the operation of the marketplace by 

eliminating deceptive and unfair practices. Appropriations for both 

the Antitrust Division of the Department of Justice and the Commission are partially financed with Hart-Scott-Rodino Act premerger filing fees. 

COMMITTEE RECOMMENDATION

The Committee recommends total budget authority of 

$259,200,000 for the salaries and expenses of the FTC for fiscal 

year 2009, which is $15,336,000 above the fiscal year 2008 level 

and $3,000,000 above the request. The Committee assumes that 

$170,500,000 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. 


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The Committee recommendation assumes an increase of 

$3,000,000 over the request to provide additional support for consumer protection activities including subprime lending and other financial services investigations, as well as activities to fight spam, 

spyware, and Internet fraud and deception. 

The Committee believes that the FTC can do more to investigate, 

challenge, and take enforcement actions against mortgage brokers, 

lenders, and loan servicers who engage in deceptive or unfair marketing practices or fraudulent financial practices directed at 

subprime borrowers. Such practices have exacerbated the subprime 

crisis by taking advantage of the most vulnerable borrowers, and 

the FTC needs to be aggressive in fighting this serious problem. 

The Committee recommendation assumes that $2,000,000 of the 

$3,000,000 increase over the President’s budget request will be 

used to enhance the FTC’s investigation and enforcement activities 

in the financial services sector, including the subprime lending 

market. 

High gas prices hurt consumers and burden the nation’s economy. The FTC has an important responsibility to ensure that anticompetitive, fraudulent or criminal practices are not being used to 

drive prices higher. On May 1, 2008, the FTC approved an Advance 

Notice of Proposed Rulemaking (ANPR) as a first step in developing regulations to prohibit market manipulation in the petroleum 

industry. This rulemaking is authorized by the Energy Independence and Security Act of 2007 (EISA), which also gives the FTC the 

authority to prohibit the provision of false or misleading information relating to the wholesale oil or gasoline prices to a Federal 

agency. The FTC is now in the process of reviewing public comments on the ANPR. The Committee strongly urges the FTC to act 

expeditiously to develop effective regulations that will deter and penalize manipulative practices in the petroleum industry. 

The Committee encourages the FTC to expand its enforcement 

and education activities particularly with respect to consumer protections for Hispanic, African American, disabled, and senior citizen populations. For example, the FTC has an aggressive campaign against consumer fraud in the Hispanic community. As recent immigrants, many Hispanics are unaware of the fraudulent 

practices perpetrated by some businesses and individuals against 

consumers. Consequently, many fall prey to such predators and 

suffer great financial losses. They may also be unaware of the remedies that are available to them if they are victimized. The FTC 

should continue to promote increased awareness through its Hispanic Outreach Initiative, and it should work with all at-risk populations to ensure the highest possible level of consumer protection. 

The Committee urges the FTC to work with companies that extend credit to consumers to ensure that it is readily apparent to 

those individuals that they have the ability to ‘‘opt-out’’ of receiving 

unsolicited financial information when they complete the necessary 

forms for an application for credit. 

The Committee also urges the FTC to encourage companies that 

have data breaches involving sensitive and personal consumer information to disclose to affected consumers, as soon as possible following discovery of the data breach, that a data breach has occurred. 


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Consumer privacy has become a major consideration with the 

growth of Internet commerce, and the Committee encourages the 

FTC to continue efforts that will lead to increased consumer confidence that personal information transmitted over the Internet 

will not be used in illegal, intrusive, or inappropriate ways. 

The Committee is concerned about reports of explicit content that 

can be easily accessed by minors on increasinly popular virtual reality web programs. The Committee directs the FTC to issue a consumer alert to educate parents on the content that is available to 

children on virtual reality web programs. In addition, no later than 

9 months after enactment of this Act, the Commission shall submit 

a report to the Appropriations Committee discussing the types of 

content on virtual reality sites and what steps, if any, these sites 

take to prevent minors from accessing content. 

The recommendation also includes bill language that: (1) allows 

for purchase of uniforms, hire of motor vehicles and contracts for 

collection services; (2) allows up to $2,000 for official reception and 

representation expenses; (3) allows for the collection of fees; (4) allows for the sum appropriated to be reduced as fees are collected; 

(5) allows funding to be available until expended; and (6) prohibits 

the use of funds to implement or enforce subsection (e)(2)(B) of section 43 of the Federal Deposit Insurance Act. 

GENERAL SERVICES ADMINISTRATION

FEDERAL BUILDINGS FUND

Limitations on Availability of Revenue: Limitation on availability, fiscal year 2008 .............................. $(7,830,414,000) 

Limitation on availability, budget estimate, fiscal year 2009 (8,377,573,000) 

Recommended in the bill ............................................................ (8,161,285,000) 

Bill compared with: 

Availability limitation, fiscal year 2008 .................................... (+330,871,000) 

Availability limitation, fiscal year 2009 estimate ..................... (¥216,288,000) 

The Federal Buildings Fund (FBF) finances the activities of the 

Public Buildings Service, which provides space and services for 

Federal agencies in a relationship similar to that of landlord and 

tenant. The FBF, established in 1975, replaces direct appropriations by using income derived from rent assessments, which approximate commercial rates for comparable space and services. The 

Committee makes funds available through a process of placing limitations on obligations from the FBF as a way of allocating funds 

for various FBF activities. The Committee may also appropriate 

funds into the FBF as a way of covering the difference between the 

total revenues coming into the FBF and the total limitation on the 

expenditure from the FBF. 

COMMITTEE RECOMMENDATION

The Committee recommends a limitation of $8,161,285,000 for 

the Fund, an increase of $330,871,000 above the fiscal year 2008 

enacted levels, a decrease of $216,288,000 below the request. 

To carry out the purposes of the Federal Buildings Fund established pursuant to section 210(f) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 592), the 

revenues and collections deposited into the Fund, shall be available 

for necessary expenses in the aggregate amount of $8,161,285,000 

of which: $453,831,000 is for construction (including funds for sites 


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and expenses and associated design and construction services), 

$692,374,000 is for repairs and alterations, $149,570,000 is for installment acquisition payments (including payments on purchase 

contracts), $4,642,156,000 is for rental of space; and $2,223,354,000 

is for building operations. 

The General Services Administration (GSA) is directed to provide 

the Committees on Appropriations, the House Committee on Transportation and Infrastructure and the Senate Committee on Environment and Public Works with a report within 120 days follow enactment of this Act, describing not less than three projects for 

which the utilization of its 412 development authority is an option. 

The Committee continues to recognize the importance of the Ambassador Bridge in Detroit, Michigan as a critical link to commerce 

between the United States and Canada. The Committee and the 

Congress have invested, since fiscal year 2004, significant taxpayer 

funds in Border Station facilities at the Ambassador Bridge and in 

the Ambassador Bridge Gateway project to directly connect the 

Ambassador Bridge and its proposed second span, to trunk line systems and the trade corridor between the United States and Canada 

to streamline the flow of commerce and international traffic. 

The Committee further notes that the private sector owners and 

operators of the Ambassador Bridge have a long history of 

proactive investment in new inspection booths and related infrastructure security, to help streamline the border inspection process, 

and to ensure the total security of this critical border crossing. The 

Committee applauds the General Services Administration for its 

willingness to explore these public-private partnerships at the Ambassador Bridge. The Committee commends the continued assistance of the GSA in helping to lead efforts of the Executive Branch 

to improve direct highway access to the Ambassador Bridge facilities, including its proposed second span, in both the United States 

and Canada. 

The United States Post Office and Federal Court Building in 

Danville, Virginia is an important component of the downtown 

Danville community. The Committee hopes that the General Services Administration will make every effort to maintain the Federal 

Judiciary’s presence in this building and to service the citizens of 

Danville. 

GSA shall conduct a study of the measurable benefits and challenges associated with the use of green roofs in GSA’s diverse 

owned and leased inventory, using the National Capital Region as 

an example. The purpose of the study is to identify which green 

roof technologies available today are applicable to GSA’s inventory. 

The study shall address, among other things, the practical, environmental, and aesthetic benefits of green roofs, including the reduction of storm water runoff. It shall include examples of existing 

or planned GSA green roofs. It should analyze building life-cycle 

cost, return on investment, energy savings, historic preservation 

considerations, and factors such as the size of the roof, structural 

capability, building age, and what, if any, sustainable design features might be important to justify the costs associated with green 

roofs. The study shall be completed within one year of enactment 

of this Act. 


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PROJECTS

Congress has made significant reforms in the way it reviews 

funding for the Federal Government; reforms which the Committee 

takes very seriously as it executes its constitutional authority. Earmarking or directed spending of Federal dollars does not begin 

with Congress. It begins with the Executive Branch. For example, 

following is a list of General Services Administration projects submitted by the Administration: 

New Construction: 

California: 

San Diego, United States Courthouse Annex 

San Ysidro, Land Port of Entry 

Colorado: 

Lakewood, Denver Federal Remediation 

District of Columbia: 

DHS Consolidation and development of St. Elizabeths Campus 

St. Elizabeths West Campus Infrastructure 

St. Elizabeths West Campus Site Acquisition 

Maryland: 

Montgomery County, Food and Drug Administration Consolidation 

North Dakota: 

Portal, Land Port of Entry 

Repairs and Alterations: 

District of Columbia: 

Eisenhower Executive Office Building, CBR 

Eisenhower Executive Office Building, Phase III 

West Wing Infrastructure Systems Replacement 

Illinois: 

Chicago, Dirksen Courthouse 

North Carolina: 

New Bern, United States Post Office and Courthouse. 

The Administration, in selecting these projects, goes through a 

process that is the functional equivalent of earmarking. When the 

Committee reviews the budget request, it goes through a process 

of rigorous review and may alter or modify this list to reflect additional priorities. 

CONSTRUCTION AND ACQUISITION

Limitations on Availability of Revenue: 

Limitation on availability, fiscal year 2008 1 ............................ $531,448,000 

Limitation on availability, budget estimate, fiscal year 2009 620,119,000 

Recommended in the bill ............................................................ 453,831,000 

Bill compared with: 

Availability limitation, fiscal year 2008 .................................... ¥77,617,000 

Availability limitation, fiscal year 2009 request ...................... ¥166,288,000 1Of this amount, $225,000,000 was designated as emergency funding. 

The construction and acquisition activity funds site, design, construction, and management and inspection costs for construction of 

new Federal facilities. 


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COMMITTEE RECOMMENDATION

The Committee recommends a limitation of $453,831,000 for construction and acquisition, a decrease of $77,617,000 below the fiscal 

year 2008 enacted level and $166,288,000 below the request, which 

includes non-prospectus projects. 

The Committee prohibits the General Services Administration 

from using any of the nearly $400 million in funding which has 

been appropriated for the courthouse project for the Central District of California, Los Angeles division for any other purpose. Further, should the land purchased for the courthouse project be sold, 

the Committee prohibits the General Services Administration from 

using the proceeds of the sale of the land to be used for any other 

purpose than addressing the housing needs of the LA division of 

the Central District of California. 

The Committee is supportive of the construction of the Mobile 

Courthouse, which the Committee notes is on the Judicial Conference five year construction plan, and urges GSA to request funding for this important project. 

The Committee is also supportive of the construction of the Chattanooga Courthouse and urges GSA to request funding for this important project. 

The Committee is concerned about the transportation plans for 

the Department of Homeland Security (DHS) consolidation on the 

St. Elizabeths campus. This site is located near the Suitland Parkway and is adjacent to I–295—two already congested and key 

transportation arteries for DC citizens east of the Anacostia River 

and Maryland and Virginia commuters. The Committee expects 

GSA and DHS to closely coordinate its plans with the District of 

Columbia Department of Transportation, the Federal Highway Administration, the Maryland Department of Transportation, the Virginia Department of Transportation and Washington Metropolitan 

Area Transit Authority to minimize the campus traffic impact on 

neighboring communities and commuters. Furthermore, the Committee expects GSA and DHS to take every reasonable step to encourage mass transit, to provide an onsite parking plan with a 

ratio of at most one parking spot per every four employees, and to 

ensure that the Federal Government takes responsibility for the required infrastructure improvements, which will prevent local jurisdictions from needing to divert funds from other priorities. 

The Committee wishes to emphasize the importance of completing the Food and Drug Administration (FDA) headquarters consolidation project at White Oak on schedule and especially construction of the Life Sciences Laboratory building. The Center for 

Biologics Evaluation and Research (CBER)/Center for Drug Evaluation and Research (CDER) labs, which will be located within this 

building, are essential for the FDA to carry out its bioterrorism responsibilities and it is critical to national and global preparedness 

for pandemic and annual influenza and other emerging threats. 

The Committee is disappointed that the funding for the lab was not 

included in the President’s budget for GSA. The Committee urges 

GSA to include adequate funding to construct the CBER/CDER 

labs in the next fiscal year’s request and expects the FDA consolidation to be accomplished by the 2012 scheduled completion date. 


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REPAIRS AND ALTERATIONS

Limitations on Availability of Revenue: 

Limitation on availability, fiscal year 2008 .............................. $722,161,000 

Limitation on availability, budget estimate, fiscal year 2009 692,374,000 

Recommended in the bill ............................................................ 692,374,000 

Bill compared with: 

Availability limitation, fiscal year 2008 .................................... ¥29,787,000 

Availability limitation, fiscal year 2009 request ...................... – – – 

The repairs and alterations activity funds design, construction 

and management and inspection for the repair, alteration, and 

modernization of existing real estate assets. It funds projects to improve health and safety, recapture vacant non-revenue producing 

Government-owned and leased space, and various special programs. 

COMMITTEE RECOMMENDATION

The Committee recommends a limitation of $692,374,000 for repairs and alterations, a decrease of $29,787,000 below the fiscal 

year 2008 enacted level and equal to the request, including the energy and water conservation program funded at $36,647,000, as 

well as basic repairs and alterations funded at $350,000,000. The 

Committee directs GSA to embark on the projects included in the 

budget request in priority order, starting with those projects that 

address safety and health needs and moving next to the projects 

with completed designs. 

The Committee directs that additional projects for which 

prospectuses have been fully approved may be funded under this 

category only if advance approval is obtained from the Committees 

on Appropriations. The amounts provided in this or any prior Act 

for ‘‘Repairs and Alterations’’ may be used to fund costs associated 

with implementing security improvements to buildings necessary to 

meet the minimum standards for security in accordance with current law and in compliance with the reprogramming guidelines of 

the appropriate Committees of the House and Senate. 

INSTALLMENT ACQUISITION PAYMENTS

Limitations on Availability of Revenue: 

Limitation on availability, fiscal year 2008 .............................. $155,781,000 

Limitation on availability, budget estimate, fiscal year 2009 149,570,000 

Recommended in the bill ............................................................ 149,570,000 

Bill compared with: 

Availability limitation, fiscal year 2008 .................................... ¥6,211,000 

Availability limitation, fiscal year 2009 request ...................... – – – 

The installment acquisition payments activity funds interest payment for facilities constructed under the Public Building Amendment of 1972 and lease-purchase agreements since 1987, a total of 

80 projects. 

COMMITTEE RECOMMENDATION

The Committee recommends a limitation of $149,570,000 for installation acquisition payments, a decrease of $6,211,000 below the 

fiscal year 2008 enacted level and the same as the budget request. 


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RENTAL OF SPACE

Limitations on Availability of Revenue: 

Limitation on availability, fiscal year 2008 .............................. $4,315,534,000 

Limitation on availability, budget estimate, fiscal year 2009 4,692,156,000 

Recommended in the bill ............................................................ 4,642,156,000 

Bill compared with: 

Availability limitation, fiscal year 2008 .................................... +326,622,000 

Availability limitation, fiscal year 2009 request ...................... ¥50,000,000 

The rental of space program funds lease payments, temporary 

space for Federal employees during major repair and alteration 

projects, and relocations from Federal buildings due to forced 

moves and relocations as a result of health and safety conditions. 

COMMITTEE RECOMMENDATION

The Committee recommends a limitation of $4,642,156,000 for 

rental of space, an increase of $326,622,000 above the fiscal year 

2008 enacted level and $50,000,000 below the request. 

The Committee continues to be concerned about the allocation of 

leased General Services Administration office space in the Greater 

Washington, D.C. Metropolitan area. Evidence indicates that there 

is a disparity between the leased space awarded in Prince George’s 

County and in nearby jurisdictions in the Greater Washington, 

D.C. Metropolitan area. Specifically, the Committee is concerned 

with the lack of space awarded around Washington Metropolitan 

Area Transit Authority stations in Prince George’s County, Maryland. 

The Committee is concerned about weaknesses in GSA’s National 

Broker Contract program, designed to lease space in the private 

market for government clients. The Government Accountability Office has cited potential for conflicts of interest in this leasing program. These conflicts may lead to situations in which this program 

does not always provide for the best use of taxpayer money. 

GSA is directed to report to the Committee, within 120 days of 

enactment of this Act, on the development and implementation of 

measures which will quantify the performance of these contracts in 

comparison to GSA’s in-house leasing capabilities. The Committee 

notes that this reporting requirement was included in the Committee report accompanying the fiscal year 2008 bill, but the report 

was not received. 

BUILDING OPERATIONS

Limitations on Availability of Revenue: 

Limitation on availability, fiscal year 2008 .............................. $2,105,490,000 

Limitation on availability, budget estimate, fiscal year 2009 2,223,354,000 

Recommended in the bill ............................................................ 2,223,354,000 

Bill compared with: 

Availability limitation, fiscal year 2008 .................................... +117,864,000 

Availability limitation, fiscal year 2009 request ...................... – – – 

The building operations activity funds cleaning, maintenance, 

utilities, fuel, grounds, maintenance, space acquisitions and assignment services in government-owned facilities and in leased space 

when not provided by the lessor. 


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COMMITTEE RECOMMENDATION

The Committee recommends a limitation of $2,223,354,000 for 

building operations, an increase of $117,864,000 above the fiscal 

year 2008 enacted level and equal to the budget request. 

The Committee continues to be concerned about increases in 

charges from other agencies for security, especially for vacant 

space. The agencies are encouraged to develop an equitable agreement regarding such charges. 

GENERAL ACTIVITIES

GOVERNMENT-WIDE POLICY

Appropriation, fiscal year 2008 ......................................................... $52,891,000 

Budget request, fiscal year 2009 ....................................................... 56,578,000 

Recommended in the bill ................................................................... 56,215,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +3,324,000 

Budget request, fiscal year 2009 ................................................ ¥363,000 

This appropriations account provides for government-wide policy 

and evaluation activities associated with the management of real 

and personal property assets and certain administrative services; 

government-wide policy support responsibilities relating to acquisition, telecommunications, information technology management, and 

related technology activities; and services as authorized by 5 U.S.C. 

3109. 

COMMITTEE RECOMMENDATION

The Committee recommends $56,215,000, an increase of 

$3,324,000 above fiscal year 2008 and $363,000 below the request. 

The Committee funds a portion of the requested funds for the Federal Acquisition Institute. 

OPERATING EXPENSES

Appropriation, fiscal year 2008 ......................................................... $85,870,000 

Budget request, fiscal year 2009 ....................................................... 71,811,000 

Recommended in the bill ................................................................... 71,208,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. ¥14,662,000 

Budget request, fiscal year 2009 ................................................ ¥603,000 

This account provides appropriations for activities that are not 

feasible for a user fee arrangement. Included under this heading 

are personal property utilization and donation activities, select 

management and administration activities and support of government-wide emergency management activities, and the Civilian 

Board of Contract Appeals. 

COMMITTEE RECOMMENDATION

The Committee recommends $71,208,000, which is $603,000 

below the request. The Committee approves a transfer of 35 FTE 

and $18,828,000 from the Operating Expenses account to the Federal Citizen Services Fund. 

The Committee acknowledges that Public Service Recognition 

Week, a program of the Public Employees Roundtable, has educated America about the value of the career workforce, which carries out the daily operations of government. This program has exVerDate Aug 31 2005 07:09 Dec 11, 2008 Jkt 045733 PO 00000 Frm 00074 Fmt 6659 Sfmt 6602 E:\HR\OC\HR920.XXX HR920

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isted for over 10 years and plays an important role in the education 

of our nation’s youth by providing them with timely information 

about their government. The Committee supports the GSA budget 

request to provide $150,000 in administrative and logistical assistance to Public Service Recognition Week activities. 

OFFICE OF INSPECTOR GENERAL

Appropriation, fiscal year 2008 ......................................................... $48,382,000 

Budget request, fiscal year 2009 ....................................................... 54,000,000 

Recommended in the bill ................................................................... 51,800,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +3,418,000 

Budget request, fiscal year 2009 ................................................ ¥2,200,000 

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 audit and contract audit services. Contract audits 

provide professional advice to GSA contracting officials on accounting and financial matters relative to the negotiation, award, administration, repricing, and settlement of contracts. Internal audits review and evaluate all facets of GSA operations and programs, test 

internal control systems, and develop information to improve operating efficiencies and enhance customer services. The investigative 

function provides for the detection and investigation of improper 

and illegal activities involving GSA programs, personnel, and operations. 

COMMITTEE RECOMMENDATION

The Committee recommends $51,800,000, an increase of 

$3,418,000 above fiscal year 2008 and $2,200,000 below the request. The Committee does not approve the request for $2,200,000 in direct funding to be coupled with reimbursed funding from the Federal Acquisition Service within GSA for pre-award audits. The 

Committee believes that the work done on behalf of FAS can be reimbursed through a memorandum of understanding between the 

interested parties. 

ELECTRONIC GOVERNMENT FUND

(INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2008 ......................................................... $3,000,000 

Budget request, fiscal year 2009 ....................................................... 5,000,000 

Recommended in the bill ................................................................... – – – 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. ¥3,000,000 

Budget request, fiscal year 2009 ................................................ ¥5,000,000 

The appropriation provides support for interagency electronic 

government (‘‘e-Gov’’) initiatives that utilize the Internet or other 

electronic methods as a means to increase Federal government accessibility, efficiency, and productivity. 

COMMITTEE RECOMMENDATION

The Committee recommends no additional funding for the ‘‘e-gov’’ 

account for fiscal year 2009. The Committee notes that as of March 


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2008 the e-gov account had $7,200,000 still unspent from prior 

years, including the entire fiscal year 2008 appropriation. This 

amount of available funding is approximately one third of all the 

funds appropriated to this account since fiscal year 2002. The Committee has not seen convincing evidence which points to the need 

for additional funding at this time. 

ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS

Appropriation, fiscal year 2008 ......................................................... $2,478,000 

Budget request, fiscal year 2009 ....................................................... 2,934,000 

Recommended in the bill ................................................................... 2,934,000 

Bill compared with:.

Appropriation, fiscal year 2008 .................................................. +456,000 

Budget request, fiscal year 2009 ................................................ – – – 

This appropriation provides support consisting of pensions, office 

staffs, and related expenses for former Presidents Jimmy Carter, 

George H.W. Bush and Bill Clinton, as well as partial year funding 

for George W. Bush. The account also funds pension and 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 $2,934,000 for 

allowances and office staff of former Presidents, an increase of 

$456,000 above the fiscal year 2008 enacted level and the same as 

the budget request. The following table describes the distribution 

of the funds: 

FISCAL YEAR 2009 BUDGET ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS 

(Dollars in thousands) 

Carter G H 

Bush Clinton G W Bush Widows Total 

Personnel Compensation .............................................................. 96 96 96 30 0 318 

Personnel Benefits ........................................................................ 2 64 65 20 0 151 

Benefits for Former Presidents .................................................... 194 194 204 146 0 738 

Travel ............................................................................................ 2 56 50 11 0 119 

Rental Payments to GSA .............................................................. 102 175 544 95 0 916 

Communications, Utilities and Miscellaneous charges.

Telephone ............................................................................. 10 17 79 15 0 121 

Postage ................................................................................ 15 13 15 3 14 60 

Printing ......................................................................................... 5 14 14 3 0 36 

Other Services .............................................................................. 80 111 84 25 0 300 

Supplies & Materials .................................................................... 5 15 26 5 0 51 

Equipment .................................................................................... 7 69 35 13 0 124 

Total Obligations ................................................................. 518 824 1,212 366 14 2,934 

PRESIDENTIAL TRANSITION EXPENSES

Appropriation, fiscal year 2008 ......................................................... – – – 

Budget request, fiscal year 2009 ....................................................... $8,520,000 

Recommended in the bill ................................................................... 8,520,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +8,520,000 

Budget request, fiscal year 2009 ................................................ – – – 


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GSA is authorized to provide support for the orderly transfer of 

executive power in connection with the expiration of the term of office of the President and the inauguration of a new President. This 

appropriation funds the expenses of the outgoing President and 

Vice President and the services and facilities required by the President-elect and Vice President-elect to assist in their preparation for 

the assumption of official duties as authorized by the Presidential 

Transition Act of 1963. 

COMMITTEE RECOMMENDATION

The Committee recommends $8,520,000 for fiscal year 2009 for 

expenses necessary to facilitate the Presidential transition, the 

same as the budget request. Of the amounts provided, $5,300,000 

is for the incoming administration and $2,220,000 is for the outgoing administration. These funds may be used for transition activities such as providing suitable office space, staff compensation, 

travel expenses, communications services, and printing and postage 

related to the change of administration. The recommendation provides inflationary adjustments consistent with subsection 6(a) of 

the Presidential Transition Act. 

The Committee also recommends no more than $1,000,000 be 

used to reimburse Federal agencies for costs incurred to provide 

key prospective Presidential appointees with briefings and orientations, and to prepare the transition directory, a compilation of Federal publications and materials, including information on the organization, missions, and duties of each department and agency. 

FEDERAL CITIZEN SERVICES FUND

Appropriation, fiscal year 2008 ......................................................... $17,328,000 

Budget request, fiscal year 2009 ....................................................... 36,558,000 

Recommended in the bill ................................................................... 36,096,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +18,768,000 

Budget request, fiscal year 2009 ................................................ ¥462,000 

The Consumer Information Center (CIC) was established within 

GSA by Executive Order on October 26, 1970, to help Federal departments and agencies promote and distribute consumer information collected as a byproduct of the Government’s program activities. 

The Federal Information Center (FIC) program was established 

within the GSA in 1966, and was formalized by Public Law 95–491 

in 1980. The program’s purpose is to provide the public with direct 

information about all aspects of Federal programs, regulations, and 

services. To accomplish this mission, contractual services are used 

to respond to public inquiries via a nationwide toll-free telephone 

call center. 

In 2000, the CIC assumed responsibility for the operations of the 

FIC program with the resulting organization being officially named 

the Federal Consumer Information Center. The Federal Consumer 

Information Center combines the nationwide toll-free telephone assistance program and the database of the FIC with the CIC website 

and publications distribution programs. 

During fiscal year 2002, the Federal Consumer Information Center became part of GSA’s newly established Office of Citizen Services and Communications and was renamed the Federal Citizen InVerDate Aug 31 2005 07:09 Dec 11, 2008 Jkt 045733 PO 00000 Frm 00077 Fmt 6659 Sfmt 6602 E:\HR\OC\HR920.XXX HR920

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formation Center (FCIC). The new Office serves as a central Federal gateway for citizens, businesses, other governments, and the 

media to obtain information and services from the government. 

FCIC assumed operational control of the FirstGov.gov website in 

fiscal year 2002. 

Public Law 98–63, enacted July 30, 1983, established a revolving 

fund for the CIC. Under this fund, FCIC activities are financed 

from the following: annual appropriations from the general funds 

of the Treasury, reimbursements from agencies for distribution of 

publications, user fees collected from the public, and any other income incident to FCIC activities. All are available as authorized in 

appropriation acts without regard to fiscal year limitations. 

Section 507 of this bill authorizes a change in the account name 

to the Federal Citizen Services Fund. 

COMMITTEE RECOMMENDATION

For fiscal year 2009, the Committee recommends $36,096,000, an 

increase of $18,768,000 over the level for fiscal year 2008 and 

$462,000 less than the budget request. This recommendation includes a transfer of $18,828,000 in resources from the Operating 

Expenses account. 

The fiscal year 2009 appropriation approves a transfer of 35 FTE 

and $18,828,000 from the Operating Expenses account to consolidate funding for GSA’s citizen based services. This bill also includes language to change the name of the Federal Citizen Information Fund to the Federal Citizen Services Fund to more accurately represent the activities now funded within the account. 

The appropriation will be augmented by reimbursements from 

Federal agencies for distribution of consumer publications, user 

fees from the public, and other income. 

The bill includes a limitation of $50,000,000 on the availability 

of the revolving fund. Any revenues accruing to this fund in excess 

of this amount shall remain in the fund and are not available for 

expenditure except as authorized in appropriation Acts. 

ADMINISTRATIVE PROVISIONS—GENERAL SERVICES ADMINISTRATION

(INCLUDING TRANSFERS OF FUNDS)

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 prohibiting 

the use of funds for developing courthouse construction requests 

that do not meet GSA 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 includes a new provision to change 

the Federal Citizen Information Fund account to the Federal Citizen Services Fund. 

Section 508. The Committee includes a new provision to clarify 

the authorities of the Working Capital Fund. 

MERIT SYSTEMS PROTECTION BOARD

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2008 ......................................................... $40,086,000 

Budget request, fiscal year 2009 ....................................................... 41,390,000 

Recommended in the bill ................................................................... 41,390,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +1,304,000 

Budget request, fiscal year 2009 ................................................ – – – 

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 $41,390,000 for 

the Merit Systems Protection Board, an increase of $1,304,000 

above the amount appropriated in fiscal year 2008 and the same 

as the budget request. This amount includes up to $2,579,000 

which is transferred from the Civil Service Retirement and Disability Fund. The recommendation provides funding for mandatory 

pay raises, increased rent payments, and other non-personnel cost 

increases. 

MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL

ENVIRONMENTAL POLICY FOUNDATION

MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL

ENVIRONMENTAL POLICY TRUST FUND

(INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2008 ......................................................... $3,750,000 

Budget request, fiscal year 2009 ....................................................... 100,000 

Recommended in the bill ................................................................... 3,750,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. – – – 

Budget request, fiscal year 2009 ................................................ +3,650,000 


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The Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992, Public 

Law 102–259, established the Foundation in recognition of Congressman Morris K. Udall as a champion for Native American and 

Alaskan Native rights, and for his leadership in encouraging a 

greater awareness of our nation’s environment, public lands and 

natural resources. The Trust Fund supports the Foundation’s scholarship, internship and research grant programs that promote educational opportunities and careers related to the environment, Native health care and tribal public policy. The Fund also allows the 

Foundation to carry out its mission of providing management and 

leadership training to tribes and tribal leaders through the University of Arizona’s Udall Center for Studies in Public Policy, Native 

Nations Institute. 

COMMITTEE RECOMMENDATION

The Committee recommends $3,750,000 for the Morris K. Udall 

Scholarship and Excellence in National Environmental Policy Trust 

Fund, an increase of $3,650,000 above the President’s request and 

the same as provided for fiscal year 2008. The Committee maintains the same level of transfer authority from the previous fiscal 

year to allow the Foundation to carry out its activities. 

ENVIRONMENTAL DISPUTE RESOLUTION FUND

Appropriation, fiscal year 2008 ......................................................... $2,000,000 

Budget request, fiscal year 2009 ....................................................... 850,000 

Recommended in the bill ................................................................... 2,100,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +100,000 

Budget request, fiscal year 2009 ................................................ +1,250,000 

The United States Institute for Environmental Conflict Resolution was established as part of the Morris K. Udall Foundation 

through the Environmental Policy and Conflict Resolution Act of 

1998, Public Law 105–156. The Institute provides assessment, mediation and environmental conflict resolution services in order to 

resolve environmental disputes among Federal agencies. The Act 

also established the Environmental Dispute Resolution Fund within Treasury to assist the Foundation in operating the Institute. 

COMMITTEE RECOMMENDATION

The Committee recommends $2,100,000 for the Environmental 

Dispute Resolution Fund, an increase of $1,250,000 above the 

President’s request and $100,000 above fiscal year 2008. 

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

OPERATING EXPENSES

Appropriation, fiscal year 2008 ......................................................... $315,000,000 

Budget request, fiscal year 2009 ....................................................... 327,783,000 

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

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +15,000,000 

Budget request, fiscal year 2009 ................................................ +2,217,000 

This appropriation provides the National Archives and Records 

Administration (NARA) with funds for its basic operations dealing 

with management of the Federal Government’s archives and 


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records, services to the public, operation of Presidential libraries, 

and review for declassification of classified security information. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $330,000,000 for the operating expenses of NARA, an increase of $15,000,000 above 

the fiscal year 2008 enacted level and $2,217,000 above the budget 

request. It is the Committee’s understanding that the President’s 

budget request for fiscal year 2009 will allow for continuation of 

the restored research hours and added archivists funded by the fiscal year 2008 Appropriations Act. In addition, the Committee directs that $567,000 of the increase go toward further increases to 

NARA’s archivist staff, which experienced a ten percent decrease in 

personnel between fiscal year 2002 and fiscal year 2007 before increasing slightly as a result of funding provided in the fiscal year 

2008 Appropriations Act. NARA is directed to report to the Committee within 30 days of enactment of this Act on specific steps it 

is taking to continue to restore NARA’s archivist workforce levels. 

Office of Government Information Services.—The Committee’s 

recommendation includes $1,000,000 for NARA’s new Office of Government Information Services. This office is designed to mediate 

and resolve disputes between the Federal Government and the 

public on matters pertaining to the Freedom of Information Act 

(FOIA), review the FOIA compliance of federal agencies, and house 

the newly created FOIA ombudsman, among other duties. The office was established by the OPEN Government Act of 2007 (P.L. 

110–175), signed into law on December 31, 2007. 

U.S. Government Records on Nazis and Japanese Imperial Government.—Of the amount provided, the Committee directs that 

$650,000, available until September 30, 2010, be used to complete 

the review of U.S. Government documents pertaining to the activities of the Nazis and the Japanese Imperial Government. These 

documents are being declassified pursuant to the Nazi War Crimes 

Disclosure Act of 1998 (P.L. 105–246) and the Japanese Imperial 

Government Disclosure Act of 2000 (P.L. 106–567), which directed 

that government agencies ensure the declassification of files pertaining to the activities of the Nazis and the Japanese Imperial 

Government. 

In 2007, following the declassification and review of thousands of 

files containing newly disclosed information about the Nazis and 

the Japanese Imperial Government, NARA issued a report summarizing the new historical insights gained as a result of the NARAsupervised review of these documents. However, a number of additional U.S. Army and CIA/OSS documents were discovered too late 

in the process to be included in NARA’s 2007 report. The Committee directs that this funding be used to report separately on 

these remaining documents. The Committee directs NARA to report to the Committee, within 90 days of enactment of this Act, 

with a proposed schedule for completing the review and historical 

analysis of these documents and releasing a supplemental report, 

to serve as a companion to NARA’s 2007 report. 

White House Electronic Records.—The Committee is greatly concerned about the preservation of official Presidential records, including the revelations that the White House cannot account for 

hundreds of days of e-mails processed between 2003 and 2005. The 


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establishment of reliable systems and procedures to ensure that 

electronic Presidential records are preserved is absolutely essential. 

These records belong to the American people and contribute to the 

historical record of the Presidency. The Committee strongly urges 

NARA to continue to work diligently to ensure that the records of 

the outgoing Administration are located and preserved. The Committee also strongly urges NARA to work with the incoming Administration to establish and implement policies and procedures to 

ensure the preservation of electronic Presidential records. 

NARA and the U.S. Territories.—The Committee strongly commends NARA for its special exhibits and public programs, held 

throughout the year, which explore many facets of America’s history and peoples. The Committee encourages NARA to continue 

these efforts and also to include exhibits and public programs exploring the unique histories and contributions of the U.S. territories. 

ELECTRONIC RECORDS ARCHIVES

Appropriation, fiscal year 2008 ......................................................... $58,028,000 

Budget request, fiscal year 2009 ....................................................... 67,008,000 

Recommended in the bill ................................................................... 67,008,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +8,980,000 

Budget request, fiscal year 2009 ................................................ – – – 

The Electronic Records Archives appropriation supports all direct 

NARA actions and activities associated with this major project for 

preserving digitally created records for archival purposes, storing 

and managing them electronically, and ensuring appropriate longterm access. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $67,008,000 for 

the Electronic Records Archives (ERA) project, an increase of 

$8,980,000 above the fiscal year 2008 enacted level and the same 

as the budget request. Consistent with previous years, the release 

of the funds is subject to the approval by the Committees on Appropriations of an expenditure plan that has first been reviewed by 

the Government Accountability Office (GAO). 

The Committee continues to be deeply concerned about the ERA 

project, which has experienced delays, cost overruns, and a widespread turnover of contractor staff devoted to the project. The 

project is at a critical juncture, as NARA is preparing to receive the 

electronic records of the outgoing Administration in time for the 

January 2009 change in Administrations. In order to overcome 

schedule delays that occurred in 2007, NARA and the contractor 

are working on a two-pronged development strategy, focusing on 

building a base ERA system, plus a second system devoted to receiving the Executive Office of the President (EOP) electronic 

records of the outgoing Administration. Yet, as GAO has recently 

noted, uncertainties remain. As of mid-May 2008, NARA and the 

contractor were still negotiating the precise scope of work and system requirements for the EOP system. The development of an EOP 

system in time for the presidential transition is critical so that 

NARA can respond in a timely fashion to the information requirements of Congress, the new Administration, the courts, and others. 


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The Committee wishes to continue emphasizing that a delay would 

be particularly harmful in the case of electronic national security 

records that are classified. These records will be needed in an accessible format to facilitate the national security work of the next 

Administration. 

In light of the delays, uncertainties, and cost overrun of more 

than $15,000,000, the Committee continues to strongly urge NARA 

to work with the contractor to avoid any further delays in schedule 

or cost overruns. In addition, the Committee continues the directive 

that NARA submit monthly ERA progress reports to both the Committee and to GAO and to immediately report to the Committee 

and to GAO any potential delays, cost overruns, or other problems 

associated with ERA development. 

REPAIRS AND RESTORATION

Appropriation, fiscal year 2008 ......................................................... $28,605,000 

Budget request, fiscal year 2009 ....................................................... 9,211,000 

Recommended in the bill ................................................................... 26,711,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. ¥1,894,000 

Budget request, fiscal year 2009 ................................................ +17,500,000 

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 $26,711,000 for repairs and restoration, $17,500,000 above the budget request and 

$1,894,000 below the fiscal year 2008 enacted level. Within the 

amount provided, $17,500,000 is included for repair and renovation 

of the Franklin D. Roosevelt Presidential Library in Hyde Park, 

NY. The Committee notes that NARA’s capital improvements plan 

has identified this effort as NARA’s highest priority capital improvement need. 

NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION

GRANTS PROGRAM

(INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2008 ......................................................... $9,500,000 

Budget request, fiscal year 2009 ....................................................... – – – 

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

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +2,500,000 

Budget request, fiscal year 2009 ................................................ +12,000,000 

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. 


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COMMITTEE RECOMMENDATION

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

the National Historical Publications and Research Commission 

grants program, an increase of $2,500,000 above the fiscal year 

2008 enacted level. The budget request proposed no funding for 

this program. Of the amount provided, $2,000,000 is to be transferred to the Operating Expenses account for administrative costs 

associated with the program. 

NATIONAL CREDIT UNION ADMINISTRATION

CENTRAL LIQUIDITY FACILITY

Limitation on direct loans Limitation on adminis- trative expenses 

Fiscal year 2008 appropriation ............................................................................... (1,500,000,000) (329,000) 

Fiscal year 2009 request ......................................................................................... (1,500,000,000) (334,000) 

Fiscal year 2009 recommendation .......................................................................... (1,500,000,000) (334,000) 

Comparison with 2008 appropriation ............................................................ – – – (+5,000) 

Comparison with 2009 request ...................................................................... – – – – – – 

The Committee recommends a limitation of $1,500,000,000 on 

the Central Liquidity Facility (CLF) lending activity to member 

credit unions from borrowed funds. This limitation represents the 

same level as fiscal year 2008 and the same as the budget request. 

The Committee expects to be kept apprised of CLF lending activity. 

The Committee recommends the budget request of not more than $334,000 for administrative expenses, an increase of $5,000 above 

the fiscal year 2008 enacted level and the same as the budget request. 

COMMUNITY DEVELOPMENT REVOLVING LOAN FUND

Appropriation, fiscal year 2008 ......................................................... $975,000 

Budget request, fiscal year 2009 ....................................................... 1,000,000 

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

Bill compared with: 

Appropriation, fiscal year 2008 ...................................................... +25,000 

Budget request, fiscal year 2009 ................................................... – – – 

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 2009, the Committee recommends $1,000,000 for 

the National Credit Union Administration’s Community Development Revolving Loan Fund for technical assistance grants. While 

the Administration and NCUA have not requested additional funds 

for loans in fiscal year 2009, the Committee expects the CDRLF to 


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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 2008 ......................................................... $11,750,000 

Budget request, fiscal year 2009 ....................................................... 13,000,000 

Recommended in the bill ................................................................... 13,000,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +1,250,000 

Budget request, fiscal year 2009 ................................................ – – – 

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 $13,000,000 for the Office of Government Ethics, an increase of $1,250,000 above 

the amount appropriated in fiscal year 2008 and the same as the 

budget request. The Committee expects the increased funding level 

to be used for basic inflationary increases and for the additional 

costs associated with the increased workload expected from the 

Presidential transition. 

OFFICE OF PERSONNEL MANAGEMENT

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF TRUST FUNDS)

Appropriation, fiscal year 2008: 

General fund ................................................................................... $101,765,000 

Transfer from trust funds .............................................................. 123,901,000 

Budget request, fiscal year 2009: 

General fund ................................................................................... 92,829,000 

Transfer from trust funds .............................................................. 118,082,000 

Recommended in the bill: 

General fund ................................................................................... 92,829,000 

Transfer from trust funds .............................................................. 118,082,000 

Bill compared with: 

Appropriation, fiscal year 2008: 

General fund ............................................................................ ¥8,936,000 

Transfer from trust funds ....................................................... ¥5,819,000 

Budget request, fiscal year 2009: 

General fund ............................................................................ – – – 

Transfer from trust funds ....................................................... – – – 

The Office of Personnel Management (OPM) is the Federal Government agency responsible for management of Federal human resources policy and oversight of the merit civil service system. Although individual agencies are increasingly responsible for personnel operations, OPM provides a Government-wide policy framework for personnel matters, advises and assists agencies (often on 

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sistent with requirements of law, with emphasis on such issues as 

veterans preference. OPM oversees examining of applicants for employment, issues regulations and policies on hiring, classification 

and pay, training, investigations, and many other aspects of personnel management, and operates a reimbursable training program 

for the Federal Government’s managers and executives. OPM is 

also responsible for administering the retirement, health benefits 

and life insurance programs affecting most Federal employees, retired Federal employees, and their survivors. 

COMMITTEE RECOMMENDATION

The Committee recommends a general fund appropriation of $92,829,000 for OPM, a decrease of $8,936,000 below the enacted 

fiscal year 2008 level and the same as the fiscal year 2009 budget 

request. The recommendation includes $5,851,000 for the Enterprise Human Resources Integration project and $1,351,000 for the 

Human Resources Line of Business project. The Committee also recommends $118,082,000 for administrative 

expenses to be transferred from the appropriate trust funds. The 

amount includes $15,200,000 for retirement systems modernization, or the RetireEZ program, the same as the amount requested. 

The Committee is extremely concerned about the developments 

that led to OPM’s recent decision to stop work on a major contract 

of the retirement systems modernization project. The Committee 

recognizes the critical importance of the successful implementation 

of this project. Federal workers entering retirement must have confidence that their retirement payments will be calculated accurately and quickly, but recent testing of the retirement calculation 

functions of the new system fell well short of the necessary pass 

rate. On May 19, 2008, the Committee directed the Government 

Accountability Office (GAO) to conduct a study of the project as a 

followup to a previous review that raised several concerns about 

the project. The Committee directs GAO, as part of this new study, 

to assess the impact of the stop work order on OPM’s plans for developing (including testing) and implementing RetireEZ. The Committee also directs OPM to keep the Committee fully informed regarding further developments. 

The Committee appreciates the importance of OPM’s Federal 

Human Capital Survey in providing data for independent analyses 

of Federal employee satisfaction. OPM shall continue to make 

agencies’ survey data publicly available in a consistent and consolidated format, and in a timely manner. 

The Committee understands that 60 percent of the Federal workforce will be eligible to retire in the next 10 years, presenting an 

enormous challenge to the Federal Government and the delivery of 

services to the public. The Committee appreciates that OPM is diligently working with Federal agencies to address this challenge, including: the establishing of agency succession plans; participating 

in university and college job fairs and recruitment efforts; and increasing available management and leadership training to develop 

the Federal Government’s future executives. However, the Committee is concerned that more needs to be done to prepare for the 

retirement wave and improve the Federal Government’s human resource effectiveness. The Committee encourages OPM to develop 

approaches that agencies can use to attract the best and brightest 


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talent; match employee skills and abilities with specific agency missions and goals; ensure that talented employees are engaged and 

empowered to use their talent; improve leadership development; 

and ensure high performance from the workforce. 

As part of the effort to recruit talented Federal workers, the 

Committee strongly urges OPM to increase its efforts to encourage 

Federal agencies to reach out to diverse populations in their recruitment efforts. The most recent annual Federal Equal Opportunity Recruitment Program report to Congress notes that minorities continue to make gains in representation within the Federal 

workforce. However, the report also notes that women and Hispanics lag in representation within the Federal workforce as compared to the civilian labor force. The Committee notes that a study 

group relating to the employment of Hispanics in the Federal Government has recently been formed by the Equal Employment Opportunity Commission, the Social Security Administration, and 

other agencies. The Committee urges OPM to review the findings 

of this study group for possible approaches to improve Hispanic recruitment, retention, and advancement government-wide. 

The Committee further believes that Federal agencies should increase recruitment efforts within the United States territories. The 

territories are home to thousands of U.S. citizens who may not be 

fully aware of the employment opportunities that exist within the 

Federal Government. Some agencies have taken steps to recruit 

from the territories, but others have not yet. OPM should spearhead the effort to encourage individual agency human resource offices to take advantage of the talent pool that exists in the U.S. territories. 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF TRUST FUNDS)

Appropriation, fiscal year 2008: 

General fund ................................................................................... $1,519,000 

Transfer from trust funds .............................................................. 17,081,000 

Budget request, fiscal year 2009: 

General fund ................................................................................... 1,538,000 

Transfer from trust funds .............................................................. 16,462,000 

Recommended in the bill: 

General fund ................................................................................... 1,538,000 

Transfer from trust funds .............................................................. 16,962,000 

Bill compared with: 

Appropriation, fiscal year 2008: 

General fund ............................................................................ +19,000 

Transfer from trust funds ....................................................... ¥119,000 

Budget request, fiscal year 2009: 

General fund ............................................................................ – – – 

Transfer from trust funds ....................................................... +500,000 

This appropriation provides agency-wide audit, investigative, 

evaluation, and inspection functions to identify management and 

administrative deficiencies, which may create conditions for fraud, 

waste and mismanagement. The audits function provides internal 

agency audit, insurance audit, and contract audit services. Contract 

audits provide professional advice to agency contracting officials on 

accounting and financial matters regarding the negotiation, award, 

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dits review and evaluate all facets of agency operations, including 

financial statements. Evaluation and inspection services provide 

detailed technical evaluations of agency operations. Insurance audits review the operations of health and life insurance carriers, 

health care providers, and insurance subscribers. The investigative 

function provides for the detection and investigation of improper 

and illegal activities involving programs, personnel, and operations. 

COMMITTEE RECOMMENDATION

The Committee recommends a general fund appropriation of 

$1,538,000 for the Office of Inspector General (OIG) of the Office 

of Personnel Management, $19,000 above the fiscal year 2008 enacted level and the same as the fiscal year 2009 budget request. 

In addition, the recommendation provides $16,962,000 from appropriate trust funds, which is $119,000 below the fiscal year 2008 

level and $500,000 above the request. 

GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES HEALTH

BENEFITS

Appropriation, fiscal year 2008 ......................................................... $8,884,000,000 

Budget request, fiscal year 2009 ....................................................... 9,533,000,000 

Recommended in the bill ................................................................... 9,533,000,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +649,000,000 

Budget request, fiscal year 2009 ................................................ – – – 

This appropriation covers: (1) the Government’s share of the cost 

of health insurance for annuitants as defined in sections 8901 and 

8906 of title 5, United States Code; (2) the Government’s share of 

the cost of health insurance for annuitants who were retired when 

the Federal employees health benefits law became effective, as defined in the Retired Federal Employees Health Benefits Act of 

1960; and (3) the Government’s contribution for payment of administrative expenses incurred by the Office of Personnel Management 

in administration of the Act. 

COMMITTEE RECOMMENDATION

The Committee recommends a mandatory appropriation estimated at $9,533,000,000 for the Government Payment for Annuitants, Employees Health Benefits, an increase of $649,000,000 

above the fiscal year 2008 enacted level and the same as the Administration’s request. 

GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES LIFE

INSURANCE

Appropriation, fiscal year 2008 ......................................................... $41,000,000 

Budget request, fiscal year 2009 ....................................................... 46,000,000 

Recommended in the bill ................................................................... 46,000,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +5,000,000 

Budget request, fiscal year 2009 ................................................ – – – 

This appropriation finances the Government’s share of premiums, which is one-third the cost, for basic life insurance for annuitants retiring after December 31, 1989, and who are less than 

65 years old. 


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COMMITTEE RECOMMENDATION

The Committee recommends a mandatory appropriation estimated at $46,000,000 for the Government Payment for Annuitants, 

Employees Life Insurance, an increase of $5,000,000 above the fiscal year 2008 enacted level and the same as the Administration’s 

request. 

PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND

Appropriation, fiscal year 2008 ......................................................... $11,941,000,000 

Budget request, fiscal year 2009 ....................................................... 10,550,000,000 

Recommended in the bill ................................................................... 10,550,000,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. ¥1,391,000,000 

Budget request, fiscal year 2009 ................................................ – – – 

This appropriation provides for payment of annuities, including 

the payment of annuities under special acts for persons employed 

on the construction of the Panama Canal or their widows and widows of employees of the Lighthouse Service; payment of the Federal 

Government share of retirement costs of the unfunded liability resulting from any statute authorizing new or liberalized benefits, extension of retirement coverage, or pay increases; transfers for interest on unfunded liability and payment of military service annuities 

covering interest on the unfunded liability and annuity disbursements for military service; payments for spouse equity providing 

survivor annuities to eligible former spouses of annuitants who 

died between September 1978 and May 1986 and did not elect survivor coverage; and transfers for payment of FERS supplemental liability covering annual amortization payments financing supplemental liabilities for FERS. 

COMMITTEE RECOMMENDATION

The Committee recommends a mandatory appropriation estimated at $10,550,000,000 for the Payment to Civil Service Retirement and Disability Fund, a decrease of $1,391,000,000 below the 

fiscal year 2008 enacted level and the same as the Administration’s 

request. 

OFFICE OF SPECIAL COUNSEL

SALARIES AND EXPENSES

Appropriation, fiscal year 2008 ......................................................... $17,468,000 

Budget request, fiscal year 2009 ....................................................... 17,468,000 

Recommended in the bill ................................................................... 17,468,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. – – – 

Budget request, fiscal year 2009 ................................................ – – – 

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. 


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COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $17,468,000 for 

the Office of Special Counsel, which is equal to the fiscal year 2008 

enacted level and the fiscal year 2009 budget request. 

The Committee recognizes the importance of the Office’s fundamental missions of protecting Federal employees from prohibited 

personnel practices, providing a safe channel for whistleblower disclosures, and enforcing the Hatch Act and the Uniformed Services 

Employment and Reemployment Rights Act. The Committee believes that the Office must refocus its efforts toward meeting these 

basic responsibilities. The Committee is greatly concerned that the 

Office is distracted from these responsibilities as a result of serious 

controversies surrounding its leadership. 

POSTAL REGULATORY COMMISSION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2008 1 ....................................................... ($14,985,000) 

Budget request, fiscal year 2009 ....................................................... 14,043,000 

Recommended in the bill ................................................................... 14,043,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. ¥942,000 

Budget request, fiscal year 2009 ................................................ – – – 1While this account did not appear in the fiscal year 2008 bill, a fiscal year 2008 operating amount is 

shown for comparability. 

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 

stronger enforcement mechanisms, including the authority to 

issues subpoenas. 

COMMITTEE RECOMMENDATION

The Committee recommends $14,043,000, equal to the Presi- dent’s request and $942,000 less than the previous fiscal year, for 

the operations of the Commission. The Committee recognizes the 

thoroughness of the Commission’s first budget submission and the 

promptness in which it reports its findings to Congress. 

PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD

SALARIES AND EXPENSES

Appropriation, fiscal year 2008 ......................................................... $2,000,000 

Budget request, fiscal year 2009 ....................................................... 2,000,000 

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

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. ¥1,000,000 

Budget request, fiscal year 2009 ................................................ ¥1,000,000 

Under Public Law 110–53, the Implementing Recommendations 

of the 9/11 Commission Act of 2007, the Privacy and Civil Liberties 

Oversight Board (PCLOB) was reconstituted as an independent 

agency within the Executive Branch. The purpose of the PCLOB is 


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to (1) analyze and review actions the Executive Branch takes to 

protect the nation from terrorism, ensuring that the need for such 

actions is balanced with the need to protect privacy and civil liberties; and (2) ensure that liberty concerns are appropriately considered in the development and implementation of laws, regulations, and policies related to efforts to protect the nation against 

terrorism. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $1,000,000 for 

the PCLOB. The Committee strongly supports the mission of the 

Board and will consider additional funding as necessary at the appropriate time. However, the Committee notes that the Board has 

not yet been reconstituted as required by Public Law 110–53 and, 

therefore, the new entity’s funding requirements have not been 

firmly established or justified to the Committee. The Committee 

urges the Board, once reconstituted, to present the Committee with 

a detailed budget justification as quickly as possible. 

SECURITIES AND EXCHANGE COMMISSION

SALARIES AND EXPENSES

Appropriation, fiscal year 2008 ......................................................... $906,000,000 

Budget request, fiscal year 2009 ....................................................... 913,000,000 

Recommended in the bill ................................................................... 928,000,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +22,000,000 

Budget request, fiscal year 2009 ................................................ +15,000,000 

The primary mission of the Securities and Exchange Commission 

(SEC) is to protect investors and maintain the integrity of the securities markets. This includes ensuring full disclosure of financial 

information, regulating the nation’s securities markets, and preventing fraud and malpractice in the securities and financial markets. 

COMMITTEE RECOMMENDATION

The Committee recommendation includes $928,000,000 for the 

SEC, including $879,356,000 from new fee collections and 

$48,644,000 from prior year balances. This total funding level is 

$22,000,000 above the resources provided in fiscal year 2008 and 

$15,000,000 above the request. The Committee provides an increase above the request to support the SEC’s performance-based 

pay system, as well as to enhance enforcement, capital market 

oversight, and investor protection activities, including investigations of accounting fraud, market manipulation, insider trading, 

and investment scams that target seniors and low-income communities. In particular, the SEC should direct additional resources to 

improved oversight of the investment banking industry. 

The Committee expects additional resources to be provided to the 

Office of Investor Education and Advocacy to expand investor education and financial literacy activities. The Committee believes that 

increased investor education will help investors make informed decisions and avoid financial fraud. 

The Committee also expects that at least half of the increase 

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eted for merit pay under the SEC’s performance-based pay system. 

The Committee notes the SEC staff turnover rate was 9.1 percent 

in fiscal year 2006 and 8.6 percent in fiscal year 2007, as compared 

to 5.8 percent in fiscal year 2002. The Committee is also concerned 

that funding constraints are forcing SEC managers to make merit 

pay decisions based on budget limitations rather than performance 

criteria. The Committee believes that adequate funding of the performance-based pay system will help the SEC recruit and retain 

qualified employees. 

The Committee continues to be concerned with the burden that 

compliance with section 404 of the Sarbanes-Oxley Act of 2002 

places on small businesses. While the Committee strongly supports 

the Act’s goal of ensuring that public companies identify any weaknesses in their internal controls so that investors can have confidence in companies’ financial reporting, the Committee is concerned that over regulation of small businesses could impede small 

business growth and capital formation. The Committee appreciates 

that the SEC recognizes this burden and has implemented new 

guidance to reduce unnecessary costs, and delayed the implementation of section 404(b) for small companies until December 15, 2009. 

The Committee further appreciates that the SEC is studying the 

costs and benefits of section 404 compliance. The Committee expects this study to provide an analysis of compliance costs for companies of different sizes including smaller public companies. The 

Committee expects to be kept informed on the progress of the SEC 

cost and benefit analysis and to be provided with the results of the 

study when completed. 

The Committee is concerned about the impact on financial markets and investors of unregulated hedge funds. Individual investors’ participation in hedge funds is reserved only for accredited investors that meet income and net worth thresholds. However, as 

incomes and net worth rise, the standards for qualifying as an accredited investor are becoming increasingly easy to meet for ordinary investors. This means more people are participating in hedge 

funds and raises serious questions about individual investors’ understanding of the potential risks and rewards presented by hedge 

funds. Further, the Committee notes the growth of hedge funds in 

recent years and the corresponding increased effect the funds have 

on systemic risk exposure in the financial markets. The SEC is currently evaluating draft rules that address the issue of the qualifications of accredited investors. The Committee urges the SEC to take 

action on these rules consistent with strong investor protections. 

The Committee also urges the SEC to maintain the maximum possible effort in combating fraud that may be associated with hedge 

fund investing. 

The Committee recommendation also includes bill language requested by the President that: (1) allows for the rental of space; (2) 

makes up to $3,500 available for official reception and representation expenses; (3) makes up to $20,000 available for a permanent 

secretariat for the International Organization of Securities Commissions; and (4) makes up to $100,000 available for expenses of 

meetings and consultations with foreign governmental and regulatory officials. 


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SELECTIVE SERVICE SYSTEM

SALARIES AND EXPENSES

Appropriation, fiscal year 2008 ......................................................... $22,000,000 

Budget request, fiscal year 2009 ....................................................... 22,000,000 

Recommended in the bill ................................................................... 22,000,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. – – – 

Budget request, fiscal year 2009 ................................................ – – – 

The Selective Service System was established by the Selective 

Service Act of 1948. The basic mission of the System is to be prepared to supply manpower to the Armed Forces adequate to ensure 

the security of the United States during a time of national emergency. Since 1973, the Armed Forces have relied on volunteers to 

fill military manpower requirements, but selective service registration was reinstituted in July, 1980. 

COMMITTEE RECOMMENDATION

For fiscal year 2009, the Committee recommends $22,000,000 for 

the Selective Service System, equal to the fiscal year 2008 funding 

level and the same as the budget request, to be spent as outlined 

in the budget justification document. 

SMALL BUSINESS ADMINISTRATION

The Small Business Administration (SBA) assists small businesses through programs involving loans, grants, and contracting 

preferences. These programs maintain and strengthen an economy 

that depends on small businesses for 60 to 80 percent of job creation. SBA programs also serve disadvantaged populations so that 

their small business enterprises may overcome economic and social 

obstacles to success. 

The recommendation provides a total of $880,274,000 for the Small Business Administration (SBA). This amount is $221,766,000 

above the budget request. Detailed guidance for the SBA appropriations accounts is presented below. 

SALARIES AND EXPENSES

Appropriation, fiscal year 2008 ......................................................... $344,123,000 

Budget request, fiscal year 2009 ....................................................... 328,159,000 

Recommended in the bill ................................................................... 389,208,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +45,085,000 

Budget request, fiscal year 2009 ................................................ +61,049,000 

COMMITTEE RECOMMENDATION

The Committee recommends $389,208,000 for the salaries and 

expenses of the SBA, which is $45,085,000 above the current year 

and $61,049,000 above the request. Of the amount provided under this heading, $226,382,000 is for operating expenses of the SBA. In addition, a total of $147,480,000 

from other SBA accounts may be transferred to and merged with 

the salaries and expenses account for indirect operating costs. This 

amount consists of $138,480,000 from the Business Loans Program 

Account and $9,000,000 from the Disaster Loans Program Account 

for administrative expenses related to those accounts. The Committee also anticipates that SBA will have an additional 


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$12,402,000 in fee receipts and $4,537,000 in reimbursable 

amounts from other agencies available for operating expenses. This 

will result in a total availability of $390,801,000 for the operating 

expenses of the SBA. 

The Committee recommendation for salaries and expenses in- cludes a total of $162,826,000 for non-credit initiatives as follows: 

[In thousands of dollars] 

Small Business Development Centers ................................................. $110,000 

Veterans Business Development .......................................................... 743 

SCORE .................................................................................................... 4,950 

Women’s Business Centers ................................................................... 14,000 

National Women’s Business Council .................................................... 743 

Drug Free Workplace ............................................................................ 990 

Microloan Technical Assistance ............................................................ 20,000 

PRIME .................................................................................................... 6,000 

Native American Outreach ................................................................... 1,000 

7(j) Technical Assistance ....................................................................... 2,300 

HUBZone ................................................................................................ 2,100 

Total, non-credit initiatives .................................................................. 162,826 

The SBA shall not reduce these noncredit programs to fund operating costs. The Committee does not approve the merging of 7(j) 

technical assistance or the HUBZone program into the government 

contracting and business development operating budget, and it also 

does not approve the merging of the Native American Outreach 

program into the Executive Direction operating budget. Further, 

the Committee directs the SBA to support no less than the fiscal 

year 2008 level of funding for the National Ombudsman; the Office 

of Advocacy, including support for the Advocacy Database; international trade programs; and the defense transition program. The 

Committee also expects the SBA to continue to enhance opportunities for small businesses to partner with the manufacturing sector. 

The Committee recommendation includes increased resources for 

programs that are especially effective in aiding small businesses in 

socially and economically disadvantaged communities. Examples 

are the PRIME program, 7(j) technical assistance program, and the 

HUBZone program. The Committee expects the SBA to increase efforts to reach out to small businesses in these communities. 

The Committee recommendation also includes a $2,649,000 increase over the President’s request to directly fund the Business 

Gateway initiative within the Small Business Administration’s 

budget. The total amount budgeted for Business Gateway in fiscal 

year 2009, including SBA’s original planned contribution, is 

$3,187,000. Direct funding for the initiative within SBA will improve administrative efficiency by eliminating the need for as many 

as 80 funding transfers annually from 21 participating agencies. 

The Committee directs SBA to budget for direct funding for this 

initiative within its fiscal year 2010 budget request. 

The Committee recommendation assumes an additional oper- ating expenses increase of $2,000,000 above the President’s request. The additional funds should be used for 504 loan guarantee 

program liquidation activities and for additional oversight of lenders participating in the 7(a) loan guarantee program. The Committee is particularly concerned about a recent Office of Inspector 

General report that is critical of the agency’s oversight of SBA Supervised Lenders. The Committee expects SBA to address the Inspector General’s recommendations, including the hiring of additional lender oversight staff as necessary. 


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The Committee is disappointed with the regulations proposed in 

December 2007 for the implementation of women-owned small 

business Federal contract assistance. SBA took seven years to issue 

the regulations required under the Small Business Reauthorization 

Act of 2000. SBA very narrowly applies the regulations to a small 

set of industries, and it conditions set-asides for women-owned 

businesses on agency reviews on whether there has been past discrimination. If the rule is adopted as drafted, it is likely that there 

would be very few set-asides in contract competitions for womenowned businesses. This is contrary to congressional intent. The 

Committee strongly urges SBA to reconsider the proposed regulations. 

The Committee is aware that there are certain rural areas that 

are underutilized business areas, but are excluded from HUBZone 

designation based on the current program authorization. The Committee encourages the SBA to continue to examine ways to incorporate these areas into any future revisions of the Small Business 

Act. 

The Committee recommendation includes requested language au- thorizing $3,500 for official reception and representation expenses 

as well as language authorizing the SBA to charge fees to cover the 

cost of publications and certain loan program activities. Requested 

language is also included that allows these fee collections to be 

credited to the salaries and expenses account to be available for 

carrying out these purposes without further appropriations. 

OFFICE OF INSPECTOR GENERAL

Appropriation, fiscal year 2008 ......................................................... $15,000,000 

Budget request, fiscal year 2009 ....................................................... 15,500,000 

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

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +1,000,000 

Budget request, fiscal year 2009 ................................................ +500,000 

COMMITTEE RECOMMENDATION

The Committee recommends $16,000,000 for the Office of Inspector General of the SBA, which is $1,000,000 above the amount appropriated in fiscal year 2008 and $500,000 above the President’s 

budget request. In addition, $1,000,000 will be available by transfer from the Disaster loans program account. 

SURETY BOND GUARANTEES REVOLVING FUND

Appropriation, fiscal year 2008 ......................................................... $3,000,000 

Budget request, fiscal year 2009 ....................................................... 2,000,000 

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

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. ¥1,000,000 

Budget request, fiscal year 2009 ................................................ – – – 

COMMITTEE RECOMMENDATION

The Committee recommends a total of $2,000,000 for the Surety 

Bond Guarantees Revolving Fund, which is $1,000,000 below the 

fiscal year 2008 level and the same as the requested level. The 

Committee notes that the Surety Bond program is not covered by 

the Federal Credit Reform Act, and that SBA requests an appropriation only when projections show that the reserves need to be 


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replenished to cover estimated future liabilities. The amount provided should be sufficient to address anticipated costs. 

BUSINESS LOANS PROGRAM ACCOUNT

Appropriation, fiscal year 2008 ......................................................... $137,414,000 

Budget request, fiscal year 2009 ....................................................... 138,480,000 

Recommended in the bill ................................................................... 240,980,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +103,566,000 

Budget request, fiscal year 2009 ................................................ +102,500,000 

COMMITTEE RECOMMENDATION

The SBA Business Loan Program serves as an important source 

of capital for America’s small businesses. The recommendation supports up to $17,500,000,000 for the 7(a) business loan program, up 

to $7,500,000,000 for the 504 certified development company program, up to $3,000,000,000 for Small Business Investment Company (SBIC) debentures, and up to $12,000,000,000 for the Secondary Market Guarantee Program. These program levels are the 

same as in the request. The Committee recommends a total of $240,980,000 in new budget authority for the Business Loans Program Account, which is 

$103,566,000 above the fiscal year 2008 level and $102,500,000 

above the requested level. Of the amount appropriated, 

$138,480,000 is for administrative expenses related to business 

loan programs, the same as the requested level. 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 $100,000,000 for the subsidy cost 

of the 7(a) business loan guarantee program. Funds are provided 

first for the Increased Veteran Participation Program established 

by section 208 of the Military Reservist and Veteran Small Business Reauthorization and Opportunity Act of 2008 (Public Law 

110–186), which was enacted on February 14, 2008. Remaining 

funds are available to reduce fees paid by all 7(a) borrowers. This 

funding will make 7(a) loans more affordable and will increase the 

attractiveness of these loans to more small businesses. This 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. Small businesses have 

created 60 to 80 percent of all new jobs over the past ten years. 

The subsidy funding provided in this account will help to ensure 

the continued strength of the small business sector. 

The recommendation includes $2,500,000 for the cost of the 

Microloan Program. The Committee does not approve the zero subsidy recommendation for Microloans that was assumed in the 

President’s request. The amount provided is estimated to support 

about $25,000,000 in loans. 

The Committee would support the extension for one additional 

year of SBA’s authority to disburse debentures and participating 

securities under commitments previously issued under the SBIC 

program. The Committee encourages SBA to not reduce or limit its 


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authority relating to such commitments and to honor all current 

commitments regarding access to capital in the normal course of 

the SBIC program. 

DISASTER LOANS PROGRAM ACCOUNT

Appropriation, fiscal year 2008 ......................................................... – – – 

Budget request, fiscal year 2009 ....................................................... $174,369,000 

Recommended in the bill ................................................................... 160,068,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +160,068,000 

Budget request, fiscal year 2009 ................................................ ¥14,301,000 

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 2009, as well as the 

administrative expenses of the loan programs. The Committee recommendation does not include new budget authority for direct loan 

subsidy for fiscal year 2009. At this time, the Committee believes 

adequate resources will be available to carryover into fiscal year 

2009 to support the needs of the direct loan program. 

The Committee recommends $160,068,000 for fiscal year 2009, 

which is $160,068,000 above fiscal year 2008 and equal to the 

budget request for administrative expenses to carry out the disaster loans program. Of this amount, $1,000,000 is for the Office 

of Inspector General for audits and reviews of the disaster loans 

program. 

The Committee directs the Small Business Administration 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 510. The Committee continues an administrative provision for the Small Business Administration that authorizes transfer of up to 5 percent of any appropriation to other appropriations, 

provided that transfers not increase an appropriation by more than 

10 percent. The provision also requires that transfers be treated as 

reprogrammings of funds. 

Section 511. The Committee continues an administrative provision to provide funds for initiatives related to small business development and entrepreneurship, including programmatic and construction activities, to be awarded as follows: 


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UNITED STATES POSTAL SERVICE

PAYMENT TO THE POSTAL SERVICE FUND

Appropriation, fiscal year 2008 ......................................................... $117,864,000 

Budget request, fiscal year 2009 ....................................................... 82,831,000 

Recommended in the bill ................................................................... 111,831,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. ¥6,033,000 

Budget request, fiscal year 2009 ................................................ +29,000,000 

The United States Postal Service (USPS) is funded almost entirely by Postal rate payers rather than tax payers. Funds provided 

to the Postal Service in the Payment to the Postal Service Fund include appropriations for revenue forgone in providing free mail for 

the blind and people with disabilities, for overseas absentee voting, 

and for reconciliation adjustments on the basis of estimated mail 

volume for prior fiscal years. The Revenue Forgone Reform Act of 

1993, Public Law 103–123, also authorized the reimbursement of 

insufficient appropriations to the Postal Service for fiscal years 

1991 and 1993, and for additional revenues it would have received 

between 1993 and 1998 in the absence of certain rate phasing provisions applied by this Act. 

COMMITTEE RECOMMENDATION

The Committee recommends appropriations totaling 

$111,831,000 for Payment to the Postal Service Fund, $29,000,000 

above the President’s request. $82,831,000 is an advance appropriation for fiscal year 2010. 

The Committee recognizes the importance of the United States 

Post Office and the Federal Court Building to the community of 

Danville, Virginia. The Committee hopes that the Postal Service 

will make every effort to maintain the Post Office in this building 

and provide full postal services to the citizens of Danville. 

The Committee requests a report on the cost effectiveness and 

fuel consumption of a five-day delivery system and the efficiency 

and consumer demand of Saturday delivery services of the United 

States Postal Service. 

OFFICE OF INSPECTOR GENERAL

(INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2008 1 ....................................................... ($233,440,000) 

Budget request, fiscal year 2009 ....................................................... 239,356,000 

Recommended in the bill ................................................................... 239,356,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +5,916,000 

Budget request, fiscal year 2009 ................................................ – – – 1While this account did not appear in the fiscal year 2008 bill, a fiscal year 2008 operating amount is 

shown for comparability. 

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. 


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COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $239,356,000, 

equal to the President’s request and $5,916,000 more than the previous fiscal year’s operating budget. The Committee commends the 

OIG on its first budget submission and on its timely reporting to 

Congress. 

UNITED STATES TAX COURT

SALARIES AND EXPENSES

Appropriation, fiscal year 2008 ......................................................... $45,326,000 

Budget request, fiscal year 2009 ....................................................... 48,463,000 

Recommended in the bill ................................................................... 48,463,000 

Bill compared with: 

Appropriation, fiscal year 2008 .................................................. +3,137,000 

Budget request, fiscal year 2009 ................................................ – – – 

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 $48,463,000 for the U.S. Tax Court, 

the same as the budget request and $3,137,000 above the amount 

provided in fiscal year 2008. 

GENERAL PROVISIONS 

The following sections describe general provisions recommended 

by the Committee. Included are general provisions for agencies covered by this Act, agencies government-wide, and the District of Columbia. The Financial Services and General Government Appropriations Act, 2008, included several general provisions that were 

made permanent by inclusion of language indicating futurity. As 

noted by the United States Government Accountability Office: 

‘‘A provision contained in an annual appropriation act is 

not to be construed to be permanent legislation unless the 

language used therein or the nature of the provision 

makes it clear that Congress intended it to be permanent. 

The presumption can be overcome if the provision uses 

language indicating futurity or if the provision is of a general character bearing no relation to the object of the appropriation. 

In analyzing a particular provision, the starting point in 

ascertaining Congress’s intent is, as it must be, the language of the statute. The question to ask is whether the 

provision uses ‘‘words of futurity.’’ The most common word 

of futurity is ‘‘hereafter’’ and provisions using this term 

have often been construed as permanent.’’ (Principles of 

Federal Appropriations Law, Third Edition, Volume I, 

page 2–34) 


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Several provisions in the 2008 Act included the word ‘‘hereafter’’ 

as an indication of permanence. These provisions include sections 

701 (concerning funds to pay travel for immediate families of employees serving abroad in cases of death or life threatening illness), 

709 (concerning nominees disapproved by the Senate), 716 (concerning workplace discrimination and sexual harassment), and 

737(b) and (c) (concerning E-Government). The Committee reiterates that these provisions were made permanent and, as such, does 

not repeat the provisions in this bill. 

TITLE VI—GENERAL PROVISIONS, THIS ACT 

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. 

Section 603. The Committee continues the provision limiting consulting service expenditures of public record in procurement contracts. 

Section 604. The Committee continues the provision prohibiting 

funds in this Act to be transferred 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 providing 

that funds used by the Executive Office of the President not be 

used to request any official background investigation from the Federal Bureau of Investigation. 


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Section 611. The Committee continues the provision requiring 

that cost accounting standards not apply to a contract 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 abortions under the Federal Employees Health Benefits Program (FEHBP). 

Section 614. The Committee continues the provision prohibiting 

the expenditure of funds for abortions under the FEHBP unless the 

life of the mother is in danger or the pregnancy is a result of an 

act of rape or incest. 

Section 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 

officers or employees of any regulatory agency or commission funded by this Act from accepting travel payments or reimbursements 

from a person or entity regulated by such agency or commission. 

Section 617. The Committee includes a new provision to give the 

Public Company Accounting Oversight Board (PCAOB) the authority to use funds collected from monetary penalties for a scholarship 

program established by the Sarbanes-Oxley Act of 2002. The Committee urges the PCAOB to give consideration to supporting scholarship opportunities for students from populations, such as ethnic 

minorities and women, that have been historically underrepresented in the accounting profession. 

Section 618. The Committee includes a technical correction to 

Sec. 619 of division D of the Consolidated Appropriations Act of 

2008, permanently granting the Harry S Truman Scholarship 

Foundation more flexibility in managing its investments. 

Section 619. The Committee includes a provision to clarify the 

authority of the U.S. Tax Court to cover certain costs associated 

with U.S. Tax Court judge participation in the Federal Employees 

Group Life Insurance program. 

Section 620. The Committee includes a new provision prohibiting 

funds in this Act from being used by the Federal Communications 

Commission to implement or enforce amendments adopted on December 18, 2007 relating to the daily newspaper cross-ownership 

rule. 

Section 621. The Committee includes a provision prohibiting the 

use of funds to enforce regulations, published in the Federal Register on February 25, 2005, that impede the sales of food and medicine to Cuba. 

Section 622. The Committee includes a provision allowing annual 

travel to Cuba for the purpose of visiting family members in Cuba. 

Section 623. The Committee includes a provision specifying that 

for purposes of applying section 515.561 of title 31 of the Code of 

Federal Regulations (regarding visiting family in Cuba), the term 

‘‘member of a person’s immediate family’’ shall include any aunt, 

uncle, niece, nephew, or first cousin of the traveler, in addition to 

individuals already specified in the regulations. 

Section 624. The Committee includes a provision to permanently 

prohibit the determination that real estate brokerage activity or 


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real estate management activity is financial in nature, is incidental 

to a financial activity, or is complementary to a financial activity. 

TITLE VII—GENERAL PROVISIONS, GOVERNMENT-WIDE 

DEPARTMENTS, AGENCIES, AND CORPORATIONS

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 regarding 

price limitations on vehicles to be purchased by the Federal Government. Price limitations are updated consistent with the President’s budget request. 

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, with modification, the 

provision prohibiting the government, with certain specified exceptions, from employing non-U.S. citizens whose posts of duty would 

be in the continental U.S. As requested by the President, an exception is added for the Department of the Interior and the USDA 

Forest Service for the employment of nonresident aliens as 

Wildland firefighters. 

Section 705. The Committee continues the provision ensuring 

that agencies will have authority to pay GSA 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 may be used to 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. 

Section 710. The Committee continues the provision limiting the 

pay increases of certain prevailing rate employees. 

Section 711. The Committee continues the provision limiting the 

amount of funds that can be used for redecoration of offices under 

certain circumstances. 

Section 712. The Committee continues the provision to allow for 

interagency funding of national security and emergency telecommunications initiatives. 

Section 713. The Committee continues, with modification, 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. As requested by the President, the National 

Geospatial-Intelligence Agency is added to the list of agencies excepted from the provision. 

Section 714. The Committee continues the provision prohibiting 

the payment of any employee who prohibits, threatens or prevents 

another employee from communicating with Congress. 


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Section 715. The Committee continues the provision prohibiting 

Federal training not directly related to the performance of official 

duties. 

Section 716. The Committee continues the provision prohibiting 

the expenditure of funds for implementation of agreements in nondisclosure policies unless certain provisions are included. 

Section 717. 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 718. 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 719. 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 720. The Committee continues the provision prohibiting 

the use of funds for propaganda and publicity purposes not authorized by Congress. 

Section 721. The Committee continues the provision directing 

agency employees to use official time in an honest effort to perform 

official duties. 

Section 722. The Committee continues the provision authorizing 

the use of funds to finance an appropriate share of the Federal Accounting Standards Advisory Board. 

Section 723. The Committee continues the provision, with technical modifications, authorizing agencies to transfer funds (not to 

exceed $11,700,000) to the Government-wide Policy account of GSA 

to finance an appropriate share of various government-wide boards 

and councils. The authority to transfer $1,700,000 in funding above 

fiscal year 2008 is authorized for the Budget Formulation Execution Manager initiative. 

Section 724. 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 725. 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 726. The Committee continues the provision requiring 

documents involving the distribution of Federal funds to indicate 

the agency providing the funds and the amount provided. 

Section 727. The Committee continues the provision prohibiting 

the use of funds to monitor personal information relating to the use 

of Federal Internet sites to collect, review, or create any aggregate 

list that includes personally identifiable information relating to access to or use of any Federal Internet site of such agency. 

Section 728. The Committee continues a provision requiring 

health plans participating in the FEHBP to provide contraceptive 

coverage and provides exemptions to certain religious plans. 


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Section 729. The Committee continues the provision providing 

recognition of the U.S. Anti-Doping Agency as the official antidoping agency. 

Section 730. 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 731. The Committee continues a provision prohibiting 

funds for implementation of OPM regulations limiting detailees to 

the Legislative Branch, and implementing limitations on the Coast 

Guard Congressional Fellowship Program. 

Section 732. The Committee continues the provision that restricts the use of funds for Federal law enforcement training facilities. 

Section 733. The Committee continues and modifies the provision 

concerning transfers or reimbursements for ‘‘E-Government’’ initiatives. 

Section 734. The Committee includes a new provision that 

amends section 739(a)(1) of the Financial Services and General 

Government Appropriations Act, 2008, relating to requirements for 

public-private competitions. 

Section 735. The Committee includes a new provision that 

amends section 739(b) of the Financial Services and General Government Appropriations Act, 2008, relating to insourcing of new 

and contracted out functions. 

Section 736. The Committee includes a new provision that prohibits the use of funds to begin or announce a study or public-private competition regarding the conversion to contractor performance of any function performed by civilian Federal employees pursuant to Office of Management and Budget Circular A–76 or any 

other administrative regulation, directive, or policy. The provision 

is a one-year moratorium on new A–76 studies so that the new Administration may have an opportunity to review and develop Federal workforce policies. 

Section 737. The Committee continues a provision, with modifications, providing that the adjustment in rates of basic pay for employees under statutory pay systems taking effect in fiscal year 

2009 shall be an increase of 3.9 percent. 

Section 738. 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 739. The Committee continues the provision prohibiting 

funds used in contravention of section 552a of title 5, United States 

Code (the Privacy Act) and regulations implementing that section. 

Section 740. 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 741. The Committee continues, with modification, the 

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mit a report on budget information relating to Great Lakes restoration activities. The provision requires the report to be submitted no 

later than 45 days after submission of the President’s budget. 

Section 742. The Committee continues, with modification, 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. Language is included regarding compliance with the Buy American Act. 

Section 743. The Committee continues the provision concerning 

Inspector General websites. 

Section 744. The Committee includes a provision, as requested by 

the President, to permit public or private institutions of higher 

education to provide Federal employees or employees of the District 

of Columbia with financial assistance in the form of repayment of 

a student loan or forbearance of a student loan repayment. Such 

assistance may only be provided to a current or former student of 

the institution. An identical provision appeared in division B (Commerce, Justice, Science, And Related Agencies Appropriations Act, 

2008) of Public Law 110–161. 

Section 745. The Committee includes a new provision prohibiting 

the Office of Personnel Management or any other agency from 

using funds to implement regulations changing the competitive 

areas under reductions-in-force for Federal employees. 

Section 746. The Committee includes a new provision prohibiting 

the funds from being used to implement the Regulatory Policy Officer provisions contained in Executive Order 13422. 

Section 747. The Committee expects the Federal Government to 

lead by example and can do so by conducting their business in an 

environmentally, economically, fiscally sound and scientifically defensible manner. The Steering Committee on Strengthening Federal Environmental, Energy, and Transportation Management and 

the Office of the Federal Environmental Executive, created by Executive Order 13423, are responsible for the monitoring and reporting of Federal agency protocols and successes in implementing that 

executive order, including the requirements to avoid or reduce net 

greenhouse gas emissions. The Committee believes that the Climate Leaders program at the Environmental Protection Agency, in 

conjunction with other Federal agencies, should advise the Steering 

Committee on best practicable protocols for Federal agencies to 

quantify their annual greenhouse gas (GHG) net emissions and 

comprehensive greenhouse gas reduction programs. Additionally, 

the Committee believes that the leadership of the Steering Committee should be augmented to include three co-chairs. This additional co-chair is to be appointed by the President and should have 

strong technical or scientific expertise relating to greenhouse gas 

emissions. Finally, the Steering Committee is to provide reports on 

annual GHG net emissions, and avoidance or reductions of them, 

to the Appropriations Committee by March 15, 2009 and every year 

thereafter. Prior to implementation of this provision, the Steering 

Committee should consult with the Appropriations Committee. 

Section 748. The Committee continues the provision concerning 

the application of these general provisions to title IV and to title 

VIII. 


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TITLE VIII 

GENERAL PROVISIONS—DISTRICT OF COLUMBIA

Section 801. The Committee continues the provision that specifies that an appropriation for a particular purpose or object shall 

be considered as the maximum amount that may be expended for 

said purpose or object. 

Section 802. The Committee continues the provision that permits 

funds for travel and payment of dues. 

Section 803. The Committee continues the provision that appropriates funds for refunding overpayments of taxes collected and for 

paying settlements and judgments against the District of Columbia 

government. 

Section 804. The Committee continues the provision that prohibits the use of appropriated funds for publicity or propaganda 

purposes to apply to Federal funds. 

Section 805. The Committee continues the provision that establishes reprogramming and transfer requirements with respect to 

notification requirements for the reprogramming of local funds. 

Section 806. The Committee continues the provision that prohibits use of funds only to the objects for which the appropriations 

were made. 

Section 807. The Committee continues the provision prohibiting 

the use of Federal funds to implement the District of Columbia’s 

Health Care Benefits Act of 1992. 

Section 808. The Committee makes permanent the provision that 

allows the mayor to accept, obligate, and expend Federal, private, 

and other grants received by the District government that are not 

reflected in the amounts appropriated in this Act. 

Section 809. The Committee modifies the provision that restricts 

the use of official vehicles to official duties and not between a residence and workplace, with certain exceptions. 

Section 810. The Committee continues the provision that prohibits the use of appropriated funds by the Corporation Counsel or 

any other officer or entity of the District government to provide assistance for any petition drive or civil action which seeks to require 

Congress to provide for voting representation in Congress for the 

District of Columbia to apply to Federal funds. 

Section 811. The Committee continues a provision to prohibit the 

use of Federal funds in this Act to carry out any program of distributing sterile needles or syringes for the hypodermic injection of any 

illegal drug. 

Section 812. The Committee continues the provision that includes a ‘‘conscience clause’’ on legislation that pertains to contraceptive coverage by health insurance plans. 

Section 813. The Committee continues the provision that requires the CFO to submit a revised appropriated funds operating 

budget in the format of the budget that the District government 

submitted pursuant to section 442 of the DC Home Rule Act for all 

agencies no later than 30 calendar days after the date of enactment 

of this Act. 

Section 814. The Committee modifies the provision to no longer 

prohibit the use of any funds in the Act to pay the fees of an attorney who represents a party in an action or any attorney who defends any action, including an administrative proceeding, brought 


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against D.C. Public Schools under the Individuals With Disabilities 

Act (IDEA) in excess of $4,000. 

Section 815. The Committee makes permanent a provision that 

allows for appropriations in this Act to be increased by no more 

than $100,000,000 from unexpended general funds, and may be 

used only for one-time expenditures, to avoid deficit spending, for 

debt reduction, for program needs, or to avoid revenue shortfalls. 

Section 816. The Committee makes permanent the provision that 

allows the District to Spend ‘‘Other-Type Funds’’ under certain conditions. 

Section 817. The Committee makes permanent the provision that 

allows for short-term borrowing from the emergency and contingency reserve funds established under section 450A of the District 

of Columbia Home Rule Act under certain circumstances. 

Section 818. The Committee continues the provision relating to 

medical marijuana. 

Section 819. The Committee continues the provision relating to 

abortion services. 

Section 820. The Committee continues the provision authorizing 

the transfer of local funds to capital and enterprise funds. 

Section 821. The Committee includes a provision authorizing a 

raise in the hourly rate paid to public defenders. 

Section 822. The Committee continues the provision which limits 

references to ‘‘this Act’’ as referring to only this title and title IV. 

HOUSE OF REPRESENTATIVES REPORT REQUIREMENTS 

The following items are included in accordance with various requirements of the Rules of the House of Representatives: 

CONSTITUTIONAL AUTHORITY

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee on Appropriations bases its authority to report this legislation from clause 7 of section 9 of Article 

I of the Constitution of the United States of America which states: 

No money shall be drawn from the Treasury but in consequence of Appropriations made by law * * * 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House 

of Representatives, the following is a statement of general performance goals and objectives for which this measure authorizes funding: 

The Committee on Appropriations considers program 

performance, including a program’s success in developing 

and attaining outcome-related goals and objectives, in developing funding recommendations. 

APPROPRIATIONS NOT AUTHORIZED BY LAW

Pursuant to clause 3(f)(1)(B) of rule XIII of the Rules of the 

House of Representatives, the following table lists the appropriations in the accompanying bill that are not authorized by law: 


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TRANSFER OF FUNDS

Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House 

of Representatives, the following statement is submitted describing 

the transfers of funds provided in the accompanying bill. 

The Committee recommends the following transfers: 

UNDER TITLE I—DEPARTMENT OF THE TREASURY

Under the Department of the Treasury, ‘‘Departmental offices, 

salaries and expenses’’, up to four percent may be transferred between program activities of the Departmental Offices under certain 

circumstances, and amounts greater than four percent may be 

transferred, subject to prior congressional approval; and that of the 

$5,114,000 for the Treasury-wide Financial Statement Audit and 

Internal Control program, such amounts as necessary may be 

transferred to the Department’s offices and bureaus. 

Under the Department of the Treasury, ‘‘Department-wide systems and capital investments programs’’, amounts necessary to satisfy the requirements of the Department’s offices, bureaus, and 

other organizations may be transferred. 

Under the Internal Revenue Service (IRS), ‘‘Enforcement’’, up to 

$10,000,000 may be transferred to ‘‘Operations support’’ for management of the Interagency Crime and Drug Enforcement program. 

Section 101 allows the transfer of five percent of any appropriation (or three percent of IRS, ‘‘Enforcement’’) made available to the 

IRS to any other IRS appropriation, subject to prior congressional 

approval. 

Section 108 authorizes transfers, up to two percent, between Departmental Offices, Office of Inspector General, Financial Management Service, Alcohol and Tobacco Tax and Trade Bureau, Financial Crimes Enforcement Network, and the Bureau of the Public 

Debt appropriations under certain circumstances. 

Section 109 authorizes transfers, up to two percent, between the 

IRS and the Treasury Inspector General for Tax Administration 

under certain circumstances. 

Section 112 authorizes the transfer of funds from the ‘‘Financial 

management service, salaries and expenses’’, to the ‘‘Debt collection 

fund’’ as necessary to cover the cost of debt collection. 

UNDER TITLE II—EXECUTIVE OFFICE OF THE PRESIDENT

Language is included under Office of National Drug Control Policy, ‘‘Counterdrug technology assessment center’’, allowing for the 

transfer of funds to other Federal departments or agencies. 

Language is included under Federal Drug Control Programs, 

‘‘High intensity drug trafficking areas program’’, which allows for 

the transfer of funds to other Federal departments or agencies. 

Language is included under Federal Drug Control Programs, 

‘‘Other Federal drug control programs’’, allowing the transfer of 

funds to other Federal departments or agencies. 

Language is included under Presidential Transition Administrative Support allowing the transfer of funds to other accounts that 

provide funding for offices within the Executive Office of the President and the Office of the Vice President. 


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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. The Committee continues a provision permitting the 

Executive Office of the President to transfer up to 10 percent of 

any appropriation, subject to a 15 day notification period. 

UNDER TITLE III—THE JUDICIARY

Under the Judiciary, ‘‘Courts of appeals, district courts, and 

other judicial services’’, funds may be transferred to the United 

States Marshals Service for courthouse security. 

Section 302. The Committee continues a provision permitting the 

Judiciary to transfer up to five percent of any appropriation with 

certain limitations. 

UNDER TITLE V—INDEPENDENT AGENCIES

Under Title V, Independent Agencies, a number of transfers are 

allowed: (1) the General Services Administration allowances and 

Office Staff for Former Presidents account may transfer such sums 

as necessary to the Department of the Treasury for certain pension 

benefits; (2) under the Election Assistance Commission, an amount 

is transferred to the National Institute of Standards and Technology; (3) under the Federal Communications Commission, an 

amount is transferred from the Universal Service Fund; (4) under 

Merit Systems Protection Board, an amount is transferred from the 

Civil Service Retirement and Disability Fund; (5) under Morris K. 

Udall Scholarship and Excellence in National Environmental Policy 

Foundation, a certain percentage of funds may be transferred to 

the Native Nations Institute for necessary expenses; (6) under the 

National Archives and Records Administration, an amount is transferred from the National Historical Publications and Records Commission to the operating expenses account; (7) under Office of Personnel Management, amounts from certain trust funds are transferred to the salaries and expenses account for administrative expenses; (8) under Office of Personnel Management, Office of Inspector General, amounts from certain trust funds are transferred to 

the salaries and expenses account for administrative expenses; (9) 

under the Postal Regulatory Commission, amounts are transferred 

from the Postal Service Fund; (10) under Small Business Administration, amounts are transferred from Business loans and Disaster 

loans accounts to the Office of Inspector General and Salaries and 

Expenses; (11) under Administrative Provision-Small Business Administration, amounts may be transferred between appropriations 

of the Small Business Administration; (12) under United States 

Postal Service, Office of Inspector General, amounts are transferred from the Postal Service Fund. 

Section 521. The Committee continues the provision providing 

that funds made available for activities of the Federal Buildings 

Fund may be transferred with advance approval from the Committees on Appropriations. 

UNDER TITLE VIII—GENERAL PROVISIONS, DISTRICT OF COLUMBIA

The Committee has included language to allow the District of Columbia to transfer local funds in certain instances. 


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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): 

DEPARTMENT OF JUSTICE APPROPRIATIONS ACT, 1998 

(Public Law 105–119) 

AN ACT Making appropriations for the Departments of Commerce, Justice, and 

State, the Judiciary, and related agencies for the fiscal year ending September 30, 

1998, and for other purposes. 

* * * * * * * 

TITLE I—DEPARTMENT OF JUSTICE 

* * * * * * * 

GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

* * * * * * * 

SEC. 122. (a) * * * 

* * * * * * * 

(g)(1) Notwithstanding any other provision of law and subject to 

paragraph (2), the Secretary of the Treasury is authorized to establish, for a period of ø10 years¿ 11 years from date of enactment of 

this provision, a personnel management demonstration project providing for the compensation and performance management of not 

more than a combined total of 950 employees who fill critical scientific, technical, engineering, intelligence analyst, language translator, and medical positions in the Bureau of Alcohol, Tobacco and 

Firearms. 

* * * * * * * 

TITLE 28, UNITED STATES CODE 

* * * * * * * 

PART III—COURT OFFICERS AND EMPLOYEES 

* * * * * * * 

CHAPTER 41—ADMINISTRATIVE OFFICE OF UNITED STATES 

COURTS 

* * * * * * * 

§ 604. Duties of Director generally 

(a) The Director shall be the administrative officer of the courts, 

and under the supervision and direction of the Judicial Conference 

of the United States, shall: 

(1) * * * 

* * * * * * * 


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(5) Fix the compensation of clerks of court, deputies, librarians, criers, messengers, law clerks, secretaries, stenographers, 

clerical assistants, and other employees of the courts whose 

compensation is not otherwise fixed by law, and, notwithstanding any other provision of law, pay on behalf of Justices 

and judges of the United States appointed to hold office during 

good behavior ømagistrate judges appointed under section 631 

of this title,¿, United States magistrate judges, bankruptcy 

judges appointed under chapter 6 of this title, judges of the District Court of Guam, judges of the District Court for the Northern Mariana Islands, judges of the District Court of the Virgin 

Islands, bankruptcy judges and magistrate judges retired under 

section 377 of this title, and judges retired under section 373 of 

this title, who are, aged 65 or over, any increases in the cost 

of Federal Employees’ Group Life Insurance imposed after 

April 24, 1999, including any expenses generated by such payments, as authorized by the Judicial Conference of the United 

States; 

* * * * * * * 

TRANSPORTATION, TREASURY, HOUSING AND URBAN 

DEVELOPMENT, THE JUDICIARY, THE DISTRICT OF 

COLUMBIA, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2006 

DIVISION A—TRANSPORTATION, TREASURY, HOUSING AND 

URBAN DEVELOPMENT, THE JUDICIARY, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2006 

* * * * * * * 

TITLE IV 

THE JUDICIARY 

* * * * * * * 

ADMINISTRATIVE PROVISIONS—THE JUDICIARY

* * * * * * * 

SEC. 407. (a) * * * 

* * * * * * * 

ø(c) The authorities granted in this section shall expire on September 30, 2010.¿ 

* * * * * * * 

SECTION 3672 OF TITLE 18, UNITED STATES CODE 

§ 3672. Duties of Director of Administrative Office of the 

United States Courts 

The Director of the Administrative Office of the United States 

Courts, or his authorized agent, shall investigate the work of the 

probation officers and make recommendations concerning the same 


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to the respective judges and shall have access to the records of all 

probation officers. 

He shall collect for publication statistical and other information 

concerning the work of the probation officers. 

He shall prescribe record forms and statistics to be kept by the 

probation officers and shall formulate general rules for the proper 

conduct of the probation work. 

He shall endeavor by all suitable means to promote the efficient 

administration of the probation system and the enforcement of the 

probation laws in all United States courts. 

He shall, under the supervision and direction of the Judicial Conference of the United States, fix the salaries of probation officers 

and shall provide for their necessary expenses including clerical 

service and travel expenses. 

He shall incorporate in his annual report a statement concerning 

the operation of the probation system in such courts. 

He shall have the authority to contract with any appropriate 

public or private agency or person for the detection of and care in 

the community of an offender who is an alcohol-dependent person, 

an addict or a drug-dependent person, or a person suffering from 

a psychiatric disorder within the meaning of section 2 of the Public 

Health Service Act. This authority shall include the authority to 

provide equipment and supplies; testing; medical, educational, social, psychological and vocational services; corrective and preventative guidance and training; and other rehabilitative services designed to protect the public and benefit the alcohol-dependent person, addict or drug-dependent person, or a person suffering from a 

psychiatric disorder by eliminating his dependence on alcohol or 

addicting drugs, by controlling his dependence and his susceptibility to addiction, or by treating his psychiatric disorder. He may 

negotiate and award such contracts without regard to section 3709 

of the Revised Statutes of the United States. He also shall have the 

authority to expend funds or to contract with any appropriate public or private agency or person to monitor and provide services to 

any offender in the community authorized by øthis Act¿ this paragraph, including treatment, equipment and emergency housing, 

corrective and preventative guidance and training, and other rehabilitative services designed to protect the public and promote the 

successful reentry of the offender into the community. 

He shall pay for presentence studies and reports by qualified consultants and presentence examinations and reports by psychiatric 

or psychological examiners ordered by the court under subsection 

(b) or (c) of section 3552, except for studies conducted by the Bureau of Prisons. 

Whenever the court finds that funds are available for payment 

by or on behalf of a person furnished such services, training, or 

guidance, the court may direct that such funds be paid to the Director. Any moneys collected under this paragraph shall be used to 

reimburse the appropriations obligated and disbursed in payment 

for such services, training, or guidance. 

* * * * * * * 


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SECTION 203 OF THE JUDICIAL IMPROVEMENTS ACT OF 

1990 

SEC. 203. DISTRICT JUDGES FOR THE DISTRICT COURTS. 

(a) * * * 

* * * * * * * 

(c) TEMPORARY JUDGESHIPS.—The President shall appoint, by 

and with the advice and consent of the Senate— 

(1) * * * 

* * * * * * * 

Except with respect to the district of Kansas, the western district 

of Michigan, the eastern district of Pennsylvania, and the northern 

district of Ohio, the first vacancy in the office of district judge in 

each of the judicial districts named in this subsection, occurring 10 

years or more after the confirmation date of the judge named to fill 

the temporary judgeship created by this subsection, shall not be 

filled. The first vacancy in the office of district judge in the district 

of Kansas occurring ø17¿ 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 ø17¿ 21 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. 

* * * * * * * 

TITLE 40, UNITED STATES CODE 

* * * * * * * 

SUBTITLE I—FEDERAL PROPERTY AND 

ADMINISTRATIVE SERVICES 

* * * * * * * 

CHAPTER 3—ORGANIZATION OF GENERAL SERVICES 

ADMINISTRATION 

* * * * * * * 

SUBCHAPTER II—ADMINISTRATIVE 

* * * * * * * 


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ø§ 312. Transfer and use of amounts for major equipment 

acquisitions 

ø(a) IN GENERAL.—Subject to subsection (b), unobligated balances of amounts appropriated or otherwise made available to the 

General Services Administration for operating expenses and salaries and expenses may be transferred and merged into the ‘‘Major 

equipment acquisitions and development activity’’ of the Salaries 

and Expenses, General Management and Administration appropriation account for— 

ø(1) agency-wide acquisition of capital equipment, automated 

data processing systems; and 

ø(2) financial management and management information 

systems needed to implement the Chief Financial Officers Act 

of 1990 (Public Law 101–576, 104 Stat. 2838) and other laws 

or regulations. 

ø(b) REQUIREMENTS AND AVAILABILITY.— 

ø(1) TIME FOR TRANSFER.—Transfer of an amount under this 

section must be done no later than the end of the fifth fiscal 

year after the fiscal year for which the amount is appropriated 

or otherwise made available. 

ø(2) APPROVAL FOR USE.—An amount transferred under this 

section may be used only with the advance approval of the 

Committees on Appropriations of the House of Representatives 

and the Senate. 

ø(3) AVAILABILITY.—An amount transferred under this section remains available until expended.¿ 

* * * * * * * 

SUBCHAPTER III—FUNDS 

* * * * * * * 

§ 323. Consumer Information Center Fund 

(a) EXISTENCE.—There is in the Treasury a øConsumer Information Center¿ Federal Citizen Services Fund, General Services Administration, for the purpose of disseminating Federal Government 

øconsumer¿ information to the public and for other related purposes. 

(b) DEPOSITS.—Money shall be deposited into the Fund from— 

(1) appropriations from the Treasury for øConsumer Information Center¿ Federal Citizen Services activities; 

* * * * * * * 

SUBTITLE II—PUBLIC BUILDINGS AND WORKS 

* * * * * * * 

PART A—GENERAL 

* * * * * * * 

SUBCHAPTER VI—MISCELLANEOUS 

* * * * * * * 


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ø§ 3173. Working capital fund for blueprinting, photostating, 

and duplicating services in General Services Administration 

ø(a) ESTABLISHMENT AND PURPOSE.—There is a working capital 

fund for the payment of salaries and other expenses necessary to 

the operation of a central blue-printing, photostating, and duplicating service. 

ø(b) COMPONENTS.—The fund consists of— 

ø(1) $50,000 without fiscal year limitation; and 

ø(2) reimbursements from available amounts of constituents 

of the Administrator of General Services, or of any other federal agency for which services are performed, at rates to be determined by the Administrator on the basis of estimated or actual charges for personal services, material, equipment (including maintenance, repair, and depreciation on existing and new 

equipment) and other expenses, to ensure continuous operation. 

ø(c) DEPOSIT OF EXCESS AMOUNTS IN THE TREASURY.—At the 

close of each fiscal year any excess amount resulting from operation of the service, after adequately providing for the replacement 

of mechanical and other equipment and for accrued annual leave 

of employees engaged in this work by the establishment of reserves 

for those purposes, shall be deposited in the Treasury as miscellaneous receipts.¿ 

§ 3173. Working capital fund for General Services Administration 

(a) ESTABLISHMENT AND PURPOSE.—There is a working capital 

fund for the necessary expenses of administrative support services 

including accounting, budget, personnel, legal support and other related services; and the maintenance and operation of printing and 

reproduction facilities in support of the functions of the General 

Services Administration, other Federal agencies, and other entities; 

and other such administrative and management services that the 

Administrator of GSA deems appropriate and advantageous (subject 

to prior notice to the Office of Management and Budget). 

(b) COMPOSITION.— (1) IN GENERAL.—Amounts received shall be credited to and 

merged with the Fund, to remain available until expended, for 

operating costs and capital outlays of the Fund: Provided, That 

entities for which such services are performed shall be charged 

at rates which will return in full all costs of providing such 

services. 

(2) COST AND CAPITAL REQUIREMENTS.—The Administrator 

shall determine the cost and capital requirements of the Fund 

for each fiscal year and shall develop a plan concerning such 

requirements in consultation with the Chief Financial Officer of 

the General Services Administration. Any change to the cost 

and capital requirements of the Fund for a fiscal year shall be 

approved by the Administrator. The Administrator shall establish rates to be charged to entities for which services are performed, in accordance with the plan. 

(c) DEPOSIT OF EXCESS AMOUNTS IN THE TREASURY.—At the close 

of each fiscal year, after making provision for anticipated operating 

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section (b), the uncommitted balance of any funds remaining in the 

Fund shall be transferred to the general fund of the Treasury as 

miscellaneous receipts. 

(d) TRANSFER AND USE OF AMOUNTS FOR MAJOR EQUIPMENT AC- QUISITIONS.— (1) IN GENERAL.—Subject to subparagraph (2), unobligated 

balances of amounts appropriated or otherwise made available 

to the General Services Administration for operating expenses 

and salaries and expenses may be transferred and merged into 

the ‘‘Major equipment acquisitions and development activity’’ of 

the working capital fund of the General Services Administration for agency-wide acquisition of capital equipment, automated data processing systems and financial management and 

management information systems: Provided, That acquisitions 

are limited to those needed to implement the Chief Financial 

Officers Act of 1990 (Public Law 101-576, 104 Stat. 2838) and 

related laws or regulations. 

(2) Requirements and Availability.— 

(A) TIME FOR TRANSFER.—Transfer of an amount under 

this section must be done no later than the end of the fifth 

fiscal year after the fiscal year for which the amount is appropriated or otherwise made available. 

(B) APPROVAL FOR USE.—An amount transferred under 

this section may be used only with the advance approval of 

the Committees on Appropriations of the House of Representatives and the Senate. 

(C) AVAILABILITY.—An amount transferred under this 

section remains available until expended. 

* * * * * * * 

CONSOLIDATED APPROPRIATIONS ACT, 2008 

* * * * * * * 

DIVISION D—FINANCIAL SERVICES AND GENERAL 

GOVERNMENT APPROPRIATIONS ACT, 2008 

* * * * * * * 

TITLE VI 

GENERAL PROVISIONS—THIS ACT 

* * * * * * * 

øSEC. 619. Notwithstanding section 10(b) of the Harry S Truman 

Memorial Scholarship Act (20 U.S.C. 2009(b)), hereafter, at the request of the Board of Trustees of the Harry S Truman Scholarship 

Foundation, it shall be the duty of the Secretary of the Treasury 

to invest in full the amounts appropriated and contributed to the 

Harry S Truman Memorial Scholarship Trust Fund, as provided in 

such section. All requests of the Board of Trustees to the Secretary 

provided for in this section shall be binding on the Secretary.¿ 

SEC. 619. Hereafter, the Secretary of the Treasury shall invest 

such amounts appropriated and contributed to the Harry S Truman 

Memorial Scholarship Trust Fund in such obligations as the Board 

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quest. Such a request shall be binding on the Secretary to the extent 

consistent with section 10(b) of the Harry S Truman Memorial 

Scholarship Act (20 U.S.C. 2009(b)), without regard to the last sentence thereof. 

* * * * * * * 

TITLE VII 

GENERAL PROVISIONS—GOVERNMENT-WIDE 

DEPARTMENTS, AGENCIES, AND CORPORATIONS

* * * * * * * 

SEC. 739. (a) REQUIREMENT FOR PUBLIC-PRIVATE COMPETITION.— (1) Notwithstanding any other provision of law, none of the 

funds appropriated by this or any other Act shall be available 

to convert to contractor performance an activity or function of 

an executive agency that, on or after the date of enactment of 

this Act, is performed by ømore than 10¿ Federal employees 

unless— 

(A) * * * 

* * * * * * * 

ø(b) USE OF PUBLIC-PRIVATE COMPETITION.—Nothing in Office of 

Management and Budget Circular A–76 shall prevent the head of 

an executive agency from conducting a public-private competition 

to evaluate the benefits of converting work from contract performance to performance by Federal employees in appropriate instances. The Circular shall provide procedures and policies for 

these competitions that are similar to those applied to competitions 

that may result in the conversion of work from performance by 

Federal employees to performance by a contractor.¿ 

(b) GUIDELINES ON INSOURCING NEW AND CONTRACTED OUT

FUNCTIONS.— (1) GUIDELINES REQUIRED.—(A) The heads of executive agencies subject to the Federal Activities Inventory Reform Act of 

1998 (Public Law 105–270; 31 U.S.C. 501 note) shall devise 

and implement guidelines and procedures to ensure that consideration is given to using, on a regular basis, Federal employees 

to perform new functions and functions that are performed by 

contractors and could be performed by Federal employees. 

(B) The guidelines and procedures required under subparagraph (A) may not include any specific limitation or restriction 

on the number of functions or activities that may be converted 

to performance by Federal employees. 

(2) SPECIAL CONSIDERATION FOR CERTAIN FUNCTIONS.—The 

guidelines and procedures required under paragraph (1) shall 

provide for special consideration to be given to using Federal 

employees to perform any function that— 

(A) is performed by a contractor and— 

(i) has been performed by Federal employees at any 

time during the previous 10 years; 

(ii) is a function closely associated with the performance of an inherently governmental function; 

(iii) has been performed pursuant to a contract 

awarded on a non-competitive basis; or 


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(iv) has been performed poorly, as determined by a 

contracting officer during the 5-year period preceding 

the date of such determination, because of excessive 

costs or inferior quality; or 

(B) is a new requirement, with particular emphasis given 

to a new requirement that is similar to a function previously performed by Federal employees or is a function 

closely associated with the performance of an inherently 

governmental function. 

(3) EXCLUSION OF CERTAIN FUNCTIONS FROM COMPETITIONS.—The head of an executive agency may not conduct a 

public-private competition under Office of Management and 

Budget Circular A-76 or any other provision of law or regulation before— 

(A) in the case of a new agency function, assigning the 

performance of the function to Federal employees; 

(B) in the case of any agency function described in paragraph (2), converting the function to performance by Federal employees; or 

(C) in the case of an agency function performed by Federal employees, expanding the scope of the function. 

(4) DEADLINE.—(A) The head of each executive agency shall 

implement the guidelines and procedures required under this 

subsection by not later than 120 days after the date of the enactment of this subsection. 

(B) Not later than 120 days after the date of the enactment 

of this subsection, the Government Accountability Office shall 

submit a report on the implementation of this subsection to the 

Committees on Appropriations of the House of Representatives 

and the Senate, the Committee on Oversight and Government 

Reform of the House of Representatives, and the Committee on 

Homeland Security and Governmental Affairs of the Senate. 

(5) DEFINITIONS.—In this subsection: 

(A) The term ‘‘inherently governmental functions’’ has the 

meaning given such term in subpart 7.5 of part 7 of the 

Federal Acquisition Regulation. 

(B) The term ‘‘functions closely associated with inherently 

governmental functions’’ means the functions described in 

section 7.503(d) of the Federal Acquisition Regulation. 

(6) APPLICABILITY.—This subsection shall not apply to the Department of Defense. 

* * * * * * * 

INTERNAL REVENUE CODE OF 1986 

* * * * * * * 

Subtitle F—Procedure and Administration 

* * * * * * * 


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CHAPTER 76—JUDICIAL PROCEEDINGS 

* * * * * * * 

Subchapter C—The Tax Court 

* * * * * * * 

PART III—MISCELLANEOUS PROVISIONS 

* * * * * * * 

SEC. 7472. EXPENDITURES. 

The Tax Court is authorized to make such expenditures (including expenditures for personal services and rent at the seat of Government and elsewhere, and for law books, books of reference, and 

periodicals), as may be necessary efficiently to execute the functions vested in the Tax Court. Notwithstanding any other provision 

of law, the Tax Court is authorized to pay on behalf of its judges, 

age 65 or over, any increase in the cost of Federal Employees’ 

Group Life Insurance imposed after April 24, 1999, that is incurred 

after the date of the enactment of the Pension Protection Act of 

2006, including any expenses generated by such payments, as authorized by the chief judge in a manner consistent with such payments authorized by the Judicial Conference of the United States 

pursuant to section 604(a)(5) of title 28, United States Code. Except 

as provided in section 7475, all expenditures of the Tax Court shall 

be allowed and paid, out of any moneys appropriated for purposes 

of the Tax Court, upon presentation of itemized vouchers therefor 

signed by the certifying officer designated by the chief judge. 

* * * * * * * 

SECTION 446B OF THE DISTRICT OF COLUMBIA HOME 

RULE ACT 

ACCEPTANCE OF GRANT AMOUNTS NOT INCLUDED IN ANNUAL BUDGET

SEC. 446B. (a) * * * 

* * * * * * * 

(f) EFFECTIVE DATE.—This section shall apply with respect to 

øfiscal years 2006 through 2008¿ fiscal year 2006 and each succeeding fiscal year. 

* * * * * * * 

DISTRICT OF COLUMBIA OFFICIAL CODE 

TITLE 11—ORGANIZATION AND JURISDICTION OF THE 

COURTS 

* * * * * * * 

CHAPTER 26—REPRESENTATION OF INDIGENTS IN 

CRIMINAL CASES 

* * * * * * * 


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§ 11–2604. Payment for representation 

(a) Any attorney appointed pursuant to this chapter shall, at the 

conclusion of the representation or any segment thereof, be compensated at a fixed rate of ø$65 per hour¿ $90 per hour. Such attorney shall be reimbursed for expenses reasonably incurred. 

ø(b) For representation of a defendant before the Superior Court 

or before the District of Columbia Court of Appeals, as the case 

may be, the compensation to be paid to an attorney shall not exceed the following maximum amounts: 

ø(1) $1900 for misdemeanor cases; 

ø(2) $3600 for felony cases; and 

ø(3) $1900 for post-trial matters if the underlying case was 

a misdemeanor or $3600 for post-trial matters if the underlying case was a felony.¿ 

(b) The compensation to be paid to an attorney appointed pursuant to this chapter shall not exceed the following maximum 

amounts: 

(1) For representation of a defendant before the Superior 

Court of the District of Columbia for misdemeanors or felonies, 

the maximum amount set forth in section 3006A(d)(2) of title 

18, United States Code, for representation of a defendant before 

the United States magistrate judge or the district court for misdemeanors or felonies (as the case may be). 

(2) For representation of a defendant before the District of Columbia Court of Appeals, the maximum amount set forth in section 3006A(d)(2) of title 18, United States Code, for representation of a defendant in an appellate court. 

(3) For representation of a defendant in post-trial matters for 

misdemeanors or felonies, the amount applicable under paragraph (1) for misdemeanors or felonies (as the case may be). 

* * * * * * * 

TITLE 16—PARTICULAR ACTIONS, PROCEEDINGS AND 

MATTERS 

* * * * * * * 

CHAPTER 23—FAMILY DIVISION PROCEEDINGS 

* * * * * * * 

SUBCHAPTER I—PROCEEDINGS REGARDING 

DELINQUENCY, NEGLECT, OR NEED OF SUPERVISION 

* * * * * * * 

§ 16–2326.01. Compensation of attorneys in neglect and termination of parental rights proceedings 

(a) * * * 

(b) Compensation payable pursuant to this section shall be subject to the following limitations: 

(1) for all proceedings from initial hearing through disposition, the maximum compensation shall be ø$1,600¿ $1,980; 

(2) for all subsequent proceedings other than termination of 

parental rights, the maximum compensation shall be ø$1,600¿ 

$1,980 per year; 


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(3) for proceedings to terminate parental rights, the maximum compensation shall be ø$2,200¿ $2,700; and 

(4) for appeal of trial court orders, the maximum compensation shall be ø$1,100¿ $1,350 per case. 

* * * * * * * 

RESCISSIONS

Pursuant to the provisions of clause 3(f)(2) of rule XIII of the 

Rules of the House of Representatives, the following is submitted 

regarding the rescissions recommended in the accompanying bill: 

There are no rescissions in the bill. 

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 has been included for Departmental Offices, ‘‘Salaries 

and Expenses’’, that provides funds for operation and maintenance 

of the Treasury Building and Annex; hire of passenger motor vehicles; maintenance, repairs, and improvements of, and purchase of 

commercial insurance policies for, real properties leased or owned 

overseas; official reception and representation expenses; unforeseen 

emergencies of a confidential nature; Treasury-wide financial audits and the period of availability and the transfer of these funds; 

information technology modernization requirements; secure space 

requirements; hiring of personnel whose work will require completion of a security clearance investigation; critical infrastructure 

protection and compliance policy programs; modernization of the 

Office of Debt Management’s information technology; and specifying certain amounts for individual offices of the Departmental Offices and specifying transfer authority among offices. 

Language has been included for the Department-wide Systems 

and Capital Investments Program that provides funds for the deVerDate Aug 31 2005 07:09 Dec 11, 2008 Jkt 045733 PO 00000 Frm 00126 Fmt 6659 Sfmt 6601 E:\HR\OC\HR920.XXX HR920

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velopment and acquisition of automatic data processing equipment, 

software, and services; repairs to the Treasury Annex Building; 

provides transfer authority; limits the availability of funds; and restricts the use of funds to support or supplement IRS Operations 

Support or Business Systems Modernization. 

Language has been included for the Office of Inspector General, 

‘‘Salaries and Expenses’’, that provides funds to carry out the provisions of the Inspector General Act of 1978, including the hire of vehicles, and specifies amounts for official travel expenses, official reception and representation expenses, and unforeseen emergencies 

of a confidential nature. 

Language has been included for the Treasury Inspector General 

for Tax Administration, ‘‘Salaries and Expenses’’, that provides 

funds to carry out the provisions of the Inspector General Act of 

1978, the purchase and hire of motor vehicles and services authorized by 5 U.S.C. 3109; and specifies amounts for travel expenses, 

official reception and representation expenses, and unforeseen 

emergencies of a confidential nature. 

Language has been included for the Financial Crimes Enforcement Network, ‘‘Salaries and Expenses’’, that provides funds for 

hire of vehicles; the travel and training of non-federal and foreign 

government personnel attending meetings or training involving domestic or foreign financial law enforcement, intelligence, and regulation; a specific amount for official reception and representation 

expenses; the purchase of personal services contracts; and assistance to Federal law enforcement agencies with or without reimbursement. Language is also included that limits the availability of 

certain amounts. 

Language has been included for the Financial Management Service, ‘‘Salaries and Expenses’’, that provides a certain amount for official reception and representation expenses and limits the availability for systems modernization funds. 

Language has been included for the Alcohol and Tobacco Tax and 

Trade Bureau, ‘‘Salaries and Expenses’’, that provides funds for the 

hire of passenger motor vehicles and laboratory assistance to state 

and local agencies with or without reimbursement. Language is 

also included that specifies the amounts for official reception and 

representation expenses and cooperative research and development. 

Language has been included for the U.S. Mint, ‘‘United States 

Mint Public Enterprise Fund’’ that identifies the source of funding 

for the operations and activities of the U.S. Mint and specifies the 

level of funding for circulating coinage and protective service capital investments. 

Language has been included for the Bureau of the Public Debt, 

‘‘Administering the Public Debt’’ that specifies funds for official reception and representation expenses and systems modernization; 

and provides that appropriations from the General Fund will be reduced as fees are collected, and that a portion of the funds are to 

be derived from the Oil Spill Liability Trust Fund for administration of the Fund. 

Language is included for the Community Development Financial 

Institutions Fund Program Account that provides for services authorized by 5 U.S.C. 3109 but at certain rates; specific amounts for 

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tive expenses to carry out the direct loan program; the cost of modifying direct loans; and the principal amount of the direct loans. 

Language is included under Internal Revenue Service, ‘‘Taxpayer 

Services’’ that provides funds for pre-filing assistance and education, filing and account services, taxpayer advocacy services, 

services authorized by 5 U.S.C. 3109; and dedicating funding for 

the Tax Counseling for the Elderly Program, low-income taxpayer 

clinic 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, provide 

services authorized by 5 U.S.C. 3109; dedicating funding for the 

Interagency Crime and Drug Enforcement program and associated 

transfer authority. 

Language is included for the Internal Revenue Service, ‘‘Operations Support’’ that provides funds for operating and supporting 

taxpayer services and tax law enforcement programs; rent; facilities services; printing; postage; physical security; headquarters and 

other IRS-wide administration activities; research and statistics of 

income; telecommunications; information technology development, 

enhancement, operations, maintenance, and security; hire of passenger motor vehicles; services authorized by 5 U.S.C. 3109; and 

dedicating funding for information technology support, research, 

the IRS Oversight Board, and official reception and representation 

expenses. 

Language has been included for Internal Revenue Service, ‘‘Business Systems Modernization’’ that provides for the business systems modernization program, including capital asset acquisition of 

information technology, including management and related contractual costs and IRS labor costs of said acquisitions, contractual costs 

associated with operations authorized by 5 U.S.C. 3109, and places 

certain restrictions on the use of the funds. 

Language is included for the Internal Revenue Service, ‘‘Health 

Insurance Tax Credit Administration’’ to implement the health insurance tax credit included in the Trade Act of 2002 (Public Law 

107–210). 

TITLE II—EXECUTIVE OFFICE OF THE PRESIDENT

Language under the Executive Office of the President and Funds 

Appropriated to the President, ‘‘Compensation of the President’’, 

provides that unused amounts of the President’s expense allowance 

will revert to the Treasury; mandates funds are only available for 

their stated purpose; and specifies an amount for an expense allowance. 

Language under the White House Office, ‘‘Salaries and Expenses’’, provides funds for services authorized by 5 U.S.C. 3109, 

subsistence expenses, hire of vehicles, newspapers, periodicals, teletype news service, travel, and official entertainment expenses. 

Language under the Executive Residence at the White House, 

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ing electric power and fixtures, of the Executive Residence at the 

White House. 

Language under the Executive Residence at the White House, 

‘‘Reimbursable Expenses’’, specifies the authorized use of funds; 

specifies that reimbursable expenses are the exclusive authority of 

the Executive Residence to incur obligations and receive offsetting 

collections; requires the sponsors of political events to make advance payments; requires the national committee of the political 

party of the President to maintain $25,000 on deposit; requires the 

Executive Residence to ensure that amounts owed are billed within 

60 days of a reimbursable event and collected within 30 days of the 

bill notice; authorizes the Executive Residence to charge and assess 

interest and penalties on late payments; authorizes all reimbursements to be deposited into the Treasury as a miscellaneous receipt; 

requires a report to the Committee on the reimbursable expenses 

within 90 days of the end of the fiscal year; requires the Executive 

Residence to maintain a system for tracking and classifying reimbursable events; and specifies that the Executive Residence is not 

exempt from the requirements of subchapter I or II of chapter 37 

of title 31, United States Code. 

Language under White House Repair and Restoration provides 

funds for the repair, alteration, improvement, required maintenance, safety and health issues, and continued preventative maintenance of the Executive Residence at the White House and provides that funds remain available until expended. 

Language under Office of Administration, ‘‘Salaries and Expenses’’, provides funds for continued modernization of the information technology infrastructure within the Executive Office of the 

President, to remain available until expended. 

Language under Office of Management and Budget, ‘‘Salaries 

and Expenses’’, provides funds for expenses, the hire of vehicles, 

carrying out provisions of chapter 35 of 44 U.S.C.; specifies funds 

for official representation expenses; prohibits the review of agricultural marketing orders; prohibits the use of funds for the purpose 

of altering the transcript of testimony except for non-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 the Counterdrug Technology Assessment Center 

provides funds for counternarcotics research and development, directs funds to supply reduction activities, and provides for the 

transfer of funds to other Federal departments or agencies. 

Language under the Federal Drug Control Programs, ‘‘High Intensity Drug Trafficking Areas Program’’, provides a certain level 

of funding for State, local and Federal drug control efforts, and proVerDate Aug 31 2005 07:09 Dec 11, 2008 Jkt 045733 PO 00000 Frm 00129 Fmt 6659 Sfmt 6601 E:\HR\OC\HR920.XXX HR920

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vides 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, directing funding with respect to initial allocation levels 

unless the Director of the Office of National Drug Control policy 

submits a request to the Committees on Appropriations, permitting 

funds obligated prior to fiscal year 2007 for treatment or prevention programs as part of the approved strategy for a designated 

High Intensity Drug Trafficking Area to be used for other approved 

activities, requiring ONDCP to submit recommendations for initial 

allocation and discretionary funding, and requiring that the use of 

discretionary funds be approved by the Committees on Appropriations. 

Language under Other Federal Drug Control Programs provides 

funds to support a national anti-drug campaign for youth and for 

other purposes, including a national media campaign, matching 

grants to drug-free communities (with an amount specified to be 

made available as directed by section 4 of Public Law 107–82, as 

amended by Public Law 109–469), training and technical assistance for drug court professionals, the U.S. Anti-Doping Agency, the 

U.S. membership dues to the World Anti-Doping Agency, the National Alliance for Model State Drug Laws, and evaluation and research related to National Drug Control Program performance 

measures. Language also limits the availability of funds; requires 

a certain level of funding for non-advertising services of the media 

campaign and the continuation of the corporate outreach program; 

provides for the transfer of some funds to other Federal departments and agencies; and specifies conditions for national media 

campaign funds. 

Language under Presidential Transition Administrative Support 

provides funds to carry out the Presidential Transition Act of 1963 

and similar expenses and authorizes transfer of such funds. 

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

Under Supreme Court, ‘‘Salaries and expenses’’ language is included permitting certain funds to remain available until expended 

and specifying certain amounts for specific purposes. 

Under Supreme Court, ‘‘Care of the Building and Grounds’’ language is included permitting funds to remain available until expended. 

Under Courts of Appeals, District Courts, and Other Judicial 

Services, ‘‘Salaries and Expenses’’ language is included specifying 

certain funds remain available until expended for specific purposes. 

Language is also included providing funding from the Vaccine Injury Compensation Trust Fund for certain purposes. 


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Under Defender Services, language is included permitting funds 

to remain available until expended. 

Under Fees of Jurors and Commissioners, language is included 

permitting funds to remain available until expended and specifying 

limitations for the compensation of land commissioners. 

Under Court Security, language is included permitting certain 

funds to remain available until expended, which may be transferred to the United States Marshals Service. 

Under Administrative Office of the United States Courts, ‘‘Salaries and expenses’’ language is included specifying certain amounts 

for official reception and representation expenses. 

Under Federal Judicial Center, ‘‘Salaries and expenses’’ language 

is included permitting certain funds to remain available until expended for education and training, and specifying certain amounts 

for official reception and representation expenses. 

Under Judicial Retirement Funds, ‘‘Payment to Judiciary Trust 

Funds’’ language is included specifying certain amounts for payments to specific trust funds. 

Under United States Sentencing Commission, ‘‘Salaries and expenses’’ language is included specifying certain amounts for official 

reception and representation expenses. 

TITLE IV—DISTRICT OF COLUMBIA

Language under ‘‘Federal Payment for Resident Tuition Support’’ 

provides that the amount appropriated shall remain available until 

expended; specifies conditions for the use, award, and financial accounting of funds; requires a quarterly financial report; and specifies the amount available for administrative expenses. 

Language under ‘‘Federal Payment for Emergency Planning and 

Security Costs in the District of Columbia’’ provides that the 

amount appropriated shall remain available until expended and 

specifies certain amounts for certain purposes. 

Language under ‘‘Federal Payment to the District of Columbia 

Courts’’: (1) provides that all amounts under this heading shall be 

apportioned quarterly by the Office of Management and Budget 

and obligated and expended in the same manner as funds appropriated for salaries and expenses of other Federal agencies, with 

payroll and financial services to be provided on a contractual basis 

with the General Services Administration; (2) specifies certain 

amounts for specific purposes; (3) allows funds made available for 

capital improvements to remain available until September 30, 

2010; and (4) provides for the reallocation of funds. 

Language under ‘‘Defender Services in the District of Columbia 

Courts’’: (1) provides that the amount appropriated shall remain 

available until expended; (2) authorizes funds provided in other appropriations to be used for payments under this heading; (3) specifies who shall administer these funds; and (4) provides that all 

amounts under this heading shall be apportioned quarterly by the 

Office of Management and Budget and obligated and expended in 

the same manner as funds appropriated for salaries and expenses 

of other Federal agencies, with payroll and financial services to be 

provided on a contractual basis with the General Services Administration. 

Language under ‘‘Federal Payment to the Court Services and Offender Supervision Agency for the District of Columbia’’: (1) speciVerDate Aug 31 2005 07:09 Dec 11, 2008 Jkt 045733 PO 00000 Frm 00131 Fmt 6659 Sfmt 6602 E:\HR\OC\HR920.XXX HR920

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fies certain amounts for specific purposes and programs; (2) provides that all amounts under this heading shall be apportioned 

quarterly by the Office of Management and Budget and obligated 

and expended in the same manner as funds appropriated for salaries and expenses of other Federal agencies; (3) authorizes the Director to accept and use gifts to support offender and defendant 

programs and equipment and vocational training services to educate and train offenders and defendants, and details for recording 

the acceptance of such gifts; and (4) authorizes the Director to 

charge fees to cover the costs of training and materials distributed 

at conferences. 

Language under ‘‘Federal Payment to District of Columbia Public 

Defender Service’’ provides that all amounts under this heading 

shall be apportioned quarterly by the Office of Management and 

Budget and obligated and expended in the same manner as funds 

appropriated for salaries and expenses of other Federal agencies 

and authorizes the collection of fees for materials provided at conferences. 

Language under ‘‘Federal Payment to the District of Columbia 

Water and Sewer Authority’’ provides that the amount appropriated shall remain available until expended and specified 

amounts shall be matched by WASA. 

Language under ‘‘Federal Payment to the Criminal Justice Coordinating Council’’ provides that the amount appropriated shall 

remain available until expended to support initiatives related to 

the coordination of Federal and local criminal justice resources. 

Language under ‘‘Federal Payment to the Office of the Chief Financial Officer of the District of Columbia’’ provides that each entity receiving funds submit to the Office of the Chief Financial Officer (CFO) a report, and that the CFO submit a report to the Committees on Appropriations. 

Language under ‘‘Federal Payment for School Improvement’’ provides certain amounts for specific purposes, including funds to expand quality public charter schools, public schools and opportunity 

scholarships in the District of Columbia. 

Language under ‘‘Federal Payment to Jump Start Public School 

Reform’’ provides certain amounts for specific purposes, provides 

reprogramming authority of up to 10% or $500,000, and makes the 

funds subject to apportionment. 

Language under ‘‘Federal Payment for Consolidated Laboratory 

Facility’’ provides amounts for certain purposes and specifies that 

a matching amount will be provided by the District of Columbia. 

Language under ‘‘Federal Payment for Central Library and 

Branch Locations’’ provides amounts for certain purposes and are 

available until expended. 

Language under ‘‘District of Columbia Funds’’ (1) limits the 

amount provided in this Act for the District of Columbia; (2) identifies the source of funds, including a rescission of prior year local 

funds; (3) establishes the District’s intradistrict authority; (4) sets 

funds subject to the provisions of and allocated and expended as 

proposed in the fiscal year 2009 District of Columbia Budget and 

Financial Plan; (5) provides conditions for increasing the amount 

provided; and (6) directs the Chief Financial Officer to assure the 

District of Columbia meets all requirements, but prohibits the reprogramming of capital projects. 


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TITLE V—INDEPENDENT AGENCIES

Language is included for the Consumer Product Safety Commission, ‘‘Salaries and Expenses’’ that provides funds for expenses, the 

hire of motor vehicles, services as authorized by 5 U.S.C. 3109 

(with a limitation on rates for individuals), nominal awards, official 

reception and representation expenses, and costs associated with 

the relocation of CPSC’s laboratory and the upgrade of laboratory 

equipment. 

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. Funds are made available for the Help America Vote College Program and a grant program to support mock elections. 

Language is included for the Election Assistance Commission, 

‘‘Election Reform Programs’’ for requirements payments under part 

1 of subtitle D of title II of the Help America Vote Act. Funds are 

also made available for grants to carry out research on voting technology improvements and for grants relating to pre-election logic 

and accuracy testing and post-election voting systems verification. 

Language is included under the Federal Communications Commission, ‘‘Salaries and Expenses’’, permitting funds for uniforms 

and allowances therefor, official reception and representation expenses, purchase and hire of motor vehicles, and special counsel 

fees. Language provides for the assessment and collection of offsetting collections, authorizes retention of such collections, and provides that they remain available until expended. Language removes the availability for obligation of excess collections. Language 

waives existing law concerning proceeds from the use of a competitive bidding system. Language is also included regarding the transfer of funds from the Universal Service Fund. 

Language is included for the Federal Deposit Insurance Corporation, ‘‘Office of Inspector General’’ that provides for the funds to be 

derived from the 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 


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to be deposited in the Fund; specifies the conditions under which 

funds made available can be used and designates certain projects 

that can be undertaken; limits the availability of funds; and requires the approval to change the amounts identified. Many technical provisions have been included regarding use of funds in the 

Federal Buildings Fund that are not specifically authorized by law. 

Language has been included that limits project funds available for 

construction and repair and alteration of buildings not authorized 

by law. A more detailed analysis of the Federal Buildings Funds 

can be found in the General Services Administration chapter of this 

report. 

Language is included for General Services Administration, ‘‘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, 

‘‘Allowances and Office Staff for Former Presidents’’ that allows a 

portion of these funds to be transferred. 

Language is included for the General Services Administration, 

‘‘Expenses, Presidential Transition’’ that provides funds limited to 

certain activities authorized under the Presidential Transition Act 

of 1963. 

Language is included for the General Services Administration, 

‘‘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 Merit Systems Protection Board, 

‘‘Salaries and Expenses’’, that provides funds for services authorized by 5 U.S.C. 3109, rental of conference rooms, hire of passenger 

motor vehicles, direct procurement of survey printing, official reception and representation expenses, and administrative expenses to 

adjudicate retirement appeals, and provides for the transfer of 

some funds. 

Language is included for the Morris K. Udall Scholarship and 

Excellence in National Environmental Policy Foundation, ‘‘Morris 

K. Udall Scholarship and Excellence in National Environmental 

Policy Trust Fund’’, that specifies the availability of funds, specifies 

an amount for financial audits, and provides for the transfer of 

some funds. 

Language is included for the Morris K. Udall Scholarship and 

Excellence in National Environmental Policy Foundation, ‘‘Environmental Dispute Resolution Fund’’ that specifies the availability of 

funds. 


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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, and the review and declassification of documents. 

Language is included for National Archives and Records Administration, ‘‘Electronic Records Archives’’ that provides funds for the 

development of electronic records archives, research and analysis, 

design, development and program management; and limits the 

availability of funds. 

Language is included for National Archives and Records Administration, ‘‘Repairs and Restoration’’ that provides funds for the repair, alteration, improvement, and provision of adequate storage; 

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; provides for the 

transfer of funds for operating expenses; and provides that funds 

remain available until expended. 

Language is included under the National Credit Union Administration, ‘‘Central Liquidity Facility’’ that limits gross obligations 

and administrative expenses. 

Language is included under the National Credit Union Administration, ‘‘Community Development Credit Union Revolving Loan 

Fund’’ that provides funds for technical assistance and limits the 

availability of funds. 

Language is included under Office of Government Ethics, ‘‘Salaries and Expenses’’ that provides funds for services authorized by 

5 U.S.C. 3109, rental of conference rooms, hire of passenger motor 

vehicles, and official reception and representation expenses. 

Language is included under Office of Personnel Management, 

‘‘Salaries and Expenses’’ that provides funds for services authorized 

by 5 U.S.C. 3109, medical examinations for veterans, rental of conference rooms, hire of passenger motor vehicles, official reception 

and representation expenses, advances for reimbursements, payment of per diem and/or subsistence allowances, the Enterprise 

Human Resources Integration project, the Human Resources Line 

of Business project, and the transfer of administrative expenses; 

limits the availability of some funds; provides for the cost of automating the retirement recordkeeping system, 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 Inspector General, ‘‘Salaries 

and Expenses’’ that provides funds for services authorized by 5 

U.S.C. 3109, hire of passenger motor vehicles, rental of conference 

rooms, and the transfer of administrative expenses. 

Language is included for Payment to Civil Service Retirement 

and Disability Fund that authorizes payments of certain annuities 

from the Civil Service Retirement and Disability Fund. 

Language is included for Office of Special Counsel, ‘‘Salaries and 

Expenses’’ that provides funds for services authorized by 5 U.S.C. 


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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 and unobligated 

balances of funds previously appropriated. 

Language is included for Selective Service System, ‘‘Salaries and 

Expenses’’ that provides funds for attendance of meetings, training, 

uniforms, hire of passenger motor vehicles, services authorized by 

5 U.S.C. 3109, and official reception and representation expenses; 

authorizes certain exemptions under certain conditions; and prohibits funds used in connection with the induction of any person 

into the Armed Forces of the United States. 

Language is included for Small Business Administration, ‘‘Salaries and Expenses’’, that provides for hire of motor vehicles and official reception and representation expenses. Language is also included to provide authority to charge fees and credit such fees to 

the account without further appropriation. Language is also included to fund grants for performance with amounts set aside for 

the Veterans Assistance and Services Program and the Small Business Energy Efficiency. Language is also included for the Loan 

Modernization and Accounting System. 

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 requiring 

SBA to use to reduce fees pursuant to subparagraph (C) of section 

7(a)(23) of the Small Business Act and stating that such reduction 

may be made only with respect to loans guaranteed after the date 

of enactment of this Act. Language is also included authorizing the 

transfer of funds 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’’. 

Language is included for the United States Postal Service, ‘‘Payment to the Postal Service Fund’’ that provides funds for revenue 

foregone; limits the availability of obligation of some funds; stipulates that mail for overseas voting and mail for the blind is free; 

stipulates that 6-day delivery and rural mail delivery shall continue at not less than the 1983 level; prohibits funds from being 

used to charge a fee to a child support enforcement agency seeking 

the address of a postal customer; and prohibits funds from being 

used to consolidate or close small rural and other small post offices. 

Language is included for 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 servVerDate Aug 31 2005 07:09 Dec 11, 2008 Jkt 045733 PO 00000 Frm 00136 Fmt 6659 Sfmt 6602 E:\HR\OC\HR920.XXX HR920

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ices authorized by 5 U.S.C. 3109; and that travel expenses of the 

judges shall be paid upon written certificate of the judge. 

ADMINISTRATIVE AND GENERAL PROVISIONS

Sections 101, 108, 109, 201, 302 and 510 include legislative 

transfer authorities. 

Section 810 may be construed as placing a legislative limitation 

on the use of funds in the bill. 

Sections 102, 103, 104, 105, 107, 110, 112, 202, 301, 303, 304, 

502, 503, 504, 505, 506, 511, 602, 603, 604, 605, 606, 607, 608, 609, 

610, 612, 617, 622, 623, 701, 702, 703, 704, 705, 706, 707, 711, 713, 

716, 721, 726, 727, 728, 733, 737, 740, 741, 742, 743, 747, 748, 801, 

802, 803, 804, 805, 806, 809, 810, 813, 814, 815, 816, 817, 818, 819, 

820 and 822 establish affirmative directions, confer new authorities, or impose new responsibilities on departments or agencies 

funded by the bill. 

Sections 114, 708, 714, 715, 717, 718, 719, 720, 736, 738, 745 and 

746 do not apply solely to the appropriations within this bill. 

Sections 729 and 812 propose to state a legislative position. 

Sections 306, 611, 615, 616, 624, 710, 712, 722, 723, 724, 725, 

730, 731, 732, 744 and 814 waive existing law. 

Sections 113, 305, 307, 308, 309, 310, 507, 508, 618, 619, 734, 

735, 808 and 821 amend existing law. 

COMPARISON WITH THE BUDGET RESOLUTION

Pursuant to clause 3(c)(2) of rule XIII of the Rules of the House 

of Representatives and section 308(a)(1)(A) of the Congressional 

Budget Act of 1974 (Public Law 93–344), the following table compares the levels of new budget authority provided in the bill with 

the appropriate allocation under section 302(b) of the Budget Act. 

[In millions of dollars] 

302(b) allocation This bill 

Budget authority Outlays Budget authority Outlays 

Discretionary ................................................................... 21,900 22,900 22,390 22,794 

Mandatory ....................................................................... 20,661 20,663 20,661 20,663 

Note.— The amounts in this bill are technically in excess of the subcommittee section 302(b) suballocation. However, pursuant to section 

301(a)(2) of the congressional budget resolution for fiscal year 2009, increases to the Committee’s section 302(a) allocation are authorized for 

funding in the reported bill for program integrity initiative spending relating to Internal Revenue Service tax compliance. After the bill is reported to the House, the Chairman of the Committee on the Budget will provide an increased section 302(a) allocation consistent with the 

funding provided in the bill. That new allocation will eliminate the technical difference prior to floor consideration. 

FIVE-YEAR OUTLAY PROJECTIONS

In compliance with section 308(a)(1)(B) of the Congressional 

Budget Act of 1974, the following table contains five-year projections associated with the budget authority provided in the accompanying bill as provided to the Committee by the Congressional 

Budget Office. 

[In millions of dollars] 

Outlays 

2009 ..................................................................................................................................................................... 38,380 


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[In millions of dollars] 

Outlays 

2010 ..................................................................................................................................................................... 3,264 

2011 ..................................................................................................................................................................... 555 

2012 ..................................................................................................................................................................... 240 

2013 and future years ......................................................................................................................................... 166 

FINANCIAL ASSISTANCE TO STATE AND LOCAL GOVERNMENTS

In accordance with section 308(a)(1)(C) of the Congressional 

Budget Act of 1974, the Congressional Budget Office has provided 

the following estimates of new budget authority and outlays provided by the accompanying bill for financial assistance to State and 

local governments. 

[In millions of dollars] 

Budget Authority Outlays 

Financial assistance to State and Local governments for 2009 ........... 697 494 

CONGRESSIONAL EARMARKS

The following table is submitted in compliance with clause 9 of 

Rule XXI, and lists the congressional earmarks (as defined in paragraph (d) of clause 9) contained in the bill or in this report. Neither 

the bill nor the report contain any limited tax benefits or limited 

tariff benefits as defined in paragraphs (e) or (f) of clause 9 of Rule 

XXI. 


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FINANCIAL SERVICES AND GENERAL GOVERNMENT 

Project Agency Amount (in dollars) Requester(s) 

Adelante Development Center, Albuquerque, New Mexico SBA $100,000 Pearce, Stevan; Wilson, Heather Adelante Service Expansion in Sandoval County SBA $125,000 Udall, Tom Advantage West Economic Development Group, Certified Entrepreneurial Community Program SBA $200,000 Shuler, Heath African American Chamber of Commerce of Westchester and Rockland Counties, Entrepreneurial Assistance Program SBA $200,000 Engel, Eliot L. AgriBusiness Development Corporation for the Hudson Valley Agribusiness Viability Program SBA $250,000 Hall, John J. Alamo Community College for a region energy futures park center SBA $100,000 Smith, Lamar Alamo WorkSource Center Expansion SBA $150,000 Rodriguez, Ciro D. Arkansas State University-Newport for the Arkansas Commercial Driver Training Institute SBA $250,000 Berry, Marion Asian Pacific Islander Small Business Program SBA $250,000 Roybal-Allard, Lucille Asociacion De Provincias Dominicanas (ASOPRODOM) training programs SBA $50,000 Serrano, Jose ́Baltimore City Public School System for the Allied Health Career Program SBA $500,000 Ruppersberger, C. A. Dutch BARC/ TEDCO Business Innovation Center SBA $100,000 Hoyer, Steny H. Baruch College/CUNY, The Field Center for Entrepreneurship SBA $70,000 Maloney, Carolyn B. Baylor University workforce development and training SBA $200,000 Edwards, Chet Beaver Street Enterprise Center, Jacksonville, FL SBA $200,000 Brown, Corrine Becker College Nurse Training Initiative to address health care workforce shortages SBA $168,000 McGovern, James P. Bedford-Stuyvesant YMCA Teen Entrepreneurship Program SBA $100,000 Towns, Edolphus 


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FINANCIAL SERVICES AND GENERAL GOVERNMENT—Continued 

Project Agency Amount (in dollars) Requester(s) 

Berkshire Enterprises Entrepreneurial Training SBA $80,000 Olver, John W. Bethany House, Employment training program for homeless women and for employers SBA $127,700 McCarthy, Carolyn Bevill State Community College for a business incubator SBA $300,000 Aderholt, Robert B. Blessings Ministries Community Development Corp SBA $50,000 Bishop, Jr., Sanford D. Boise State University for a research and economic development and entrepreneurial initiative SBA $200,000 Simpson, Michael K. Bronx Council on the Arts for marketing of local business arts initiatives SBA $50,000 Serrano, Jose ́Bronx Shepherds business training programs SBA $75,000 Serrano, Jose ́Bucks County Manufacturing Career Development and Green Job Training Program SBA $200,000 Murphy, Patrick J. Buffalo Niagara Medical Campus Business Development SBA $200,000 Higgins, Brian Business Resource Center and Business Development Training SBA $200,000 Hastings, Alcee L.; Wasserman Schultz, Debbie California State University, Dominguez Hills, Online Certificate and Applied Studies Program Targeted to Veterans, 

Service Disabled Veterans, and Disabled Students 

SBA $200,000 Richardson, Laura 

Capital City Development Corporation for a business development center SBA $200,000 Simpson, Michael K. Carnegie Mellon University for the Buffalo Township Business Accelerator Program SBA $200,000 Altmire, Jason Cayuga County Industrial Development Authority for a Manufacturing and Small Business Development Project SBA $200,000 Arcuri, Michael A. Center for Economic Growth, Watervliet Innovation Center SBA $200,000 Gillibrand, Kirsten E.; McNulty, Michael R. Central Florida Community College for the Heart of Florida Regional Economic Development Program SBA $100,000 Stearns, Cliff Charlotte Mecklenburg Housing Partnership to increase opportunities for small businesses SBA $300,000 Hayes, Robin 


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Chicanos Por La Causa for a business incubator SBA $250,000 Pastor, Ed City of Alcoa, Tennessee, for the Pellissippi Research Center SBA $100,000 Duncan, John J. City of Baton Rouge, Louisiana, for small business investment initiative technical assistance SBA $275,000 Alexander, Rodney; Cazayoux, Donald City of Berkeley East Bay Green Jobs Project SBA $150,000 Lee, Barbara City of Hagerstown, Maryland for a minority and women owned business program SBA $100,000 Bartlett, Roscoe G. City of Inglewood, CA, Grow Inglewood Small Business Development Program for technical assistance to small businesses SBA $100,000 Waters, Maxine City of San Jose, CA for the Silicon Valley Small Business Assistance Portal SBA $250,000 Honda, Michael M. City of South Pasadena, CA, for downtown business district revitalization SBA $300,000 Schiff, Adam B. City of Union, South Carolina, for a regional robotics training center SBA $100,000 Inglis, Bob Cleary University for a micro business incubator SBA $100,000 Rogers, Mike (MI) Clemson University for an advanced materials innovation center SBA $100,000 Barrett, J. Gresham Cochise County Community College Entrepreneurial Education and Development SBA $50,000 Giffords, Gabrielle Commission on the Future of the Latino Community in New York City to establish a small business and economic 

development commission 

SBA $125,000 Vela ́zquez, Nydia M. 

Consortium for Worker Education Financial Education and Attainment Training SBA $200,000 Nadler, Jerrold; Crowley, Joseph County of Essex, NJ, for Workshops on How to Succeed in Business in the Public Sector for Women and Minority 

Small Business Enterprises 

SBA $250,000 Rothman, Steven R.; Pascrell Jr., Bill; Sires, Albio 

Cypress Hills Local Development Corporation, Cypress Hills Economic Revitalization Initiative SBA $125,000 Vela ́zquez, Nydia M. Delaware County Community College for a small business solutions center SBA $300,000 Gerlach, Jim; Sestak, Joe Delta Foundation, Greenville, MS, for a Mississippi Delta business growth development program SBA $250,000 Thompson, Bennie G. Detroit Creative Business Accelerator SBA $75,000 Kilpatrick, Carolyn C.; Conyers, John, Jr. 


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FINANCIAL SERVICES AND GENERAL GOVERNMENT—Continued 

Project Agency Amount (in dollars) Requester(s) 

Detroit Economic Growth Corporation for Business retention and attraction SBA $350,000 Kilpatrick, Carolyn C. East Providence Special Waterfront Development District Commission, Green Jobs Initiative, RI SBA $65,000 Kennedy, Patrick J. Eastern CT Chamber of Commerce for Small Business Incubation SBA $178,000 Courtney, Joe Economic Growth Connection of Westmoreland County, PA Procurement Assistance Program SBA $150,000 Murtha, John P. Elizabeth City Aviation Research and Development Commerce Park, Phase II SBA $200,000 Butterfield, G. K. EngenuitySC for the Commercialization and Entrepreneurial Training Project SBA $300,000 Clyburn, James E. Episcopal Housing Alliance Small Business Employment & Education Center SBA $115,000 Becerra, Xavier Esperanza Community Housing Corporation Mercado La Paloma SBA $85,000 Becerra, Xavier Experience Works Small Business Assistance Program SBA $250,000 Skelton, Ike Fairfield Incubator for Entrepreneurs Commercial Kitchen Incubator SBA $200,000 Davis, Artur Fairplex Trade and Conference Center SBA $300,000 Dreier, David; Napolitano, Grace F. First Community Development Corporation, Business Skills Development Program SBA $100,000 Waters, Maxine Florida Atlantic University for a Small Business Incubator Center SBA $125,000 Wasserman Schultz, Debbie; Klein, Ron; Wexler, RobFoundation for Appalachian Ohio, Rural Economic Development Program SBA $200,000 Space, Zachary T. Future of the Piedmont Foundation SBA $200,000 Goode, Virgil H. Gateway to Entrepreneurial Tomorrows, Inc., for the Low Income Entreprenerial Development Program SBA $100,000 Hinchey, Maurice D. Greater Des Moines Partnership for the Central Iowa Business Innovation Zone SBA $150,000 Boswell, Leonard L. 


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Greater Gardner CDC Training Collaborative SBA $220,000 Olver, John W. Greater North Louisiana Community Development Center SBA $300,000 Alexander, Rodney Greater Rockford Airport Authority for Manufacturing Research and Development/Education Center SBA $300,000 Manzullo, Donald Greater Toledo Arts Commission Creative Industry Development SBA $125,000 Kaptur, Marcy H.O.G.A.R., Inc. for an economic and community development program for the elderly and special needs persons SBA $100,000 Serrano, Jose ́Heart of Texas Workforce Development Center Financial Literacy Program SBA $100,000 Edwards, Chet Henry County, Virginia, for small business expansion and development SBA $800,000 Goode, Virgil H. Heritage Foundation Inc for a small business development assistance program SBA $75,000 Bishop, Jr., Sanford D. Hudson Alpha Institute for Biotechnology SBA $250,000 Cramer, Jr., Robert E. (Bud) Hunter College, Project for Return and Opportunity in Veterans Education (PROVE) SBA $70,000 Maloney, Carolyn B. Illinois Institute of Technology for the Illinois Manufacturing Innovation Coalition SBA $200,000 Bean, Melissa L. Illinois State University for an expanding exports program SBA $100,000 Weller, Jerry Indiana State University Innovation Alliance Business Incubator & Accelerator SBA $200,000 Ellsworth, Brad Indiana University for the Indiana Innovative Incubator SBA $200,000 Hill, Baron P. International Services Council of Alabama SBA $100,000 Aderholt, Robert B.; Cramer, Robert E. (Bud) Jr. Iowa Valley Community College for an education and training center SBA $500,000 Latham, Tom Ivy Tech Community College of Indiana, Northwest Region - Gary Campus - for a Center on Logistics, Distribution 

and Transportation 

SBA $450,000 Visclosky, Peter J. 

Jacksonville State University in Alabama for remote campus and distance learning programs for small business SBA $200,000 Aderholt, Robert B.; Rogers, Mike (AL) Jamaica Chamber of Commerce, Jamaica, NY, Jamaica Export Center SBA $200,000 Meeks, Gregory W. Job Training and Small Business Ownership Program SBA $200,000 Carson, Andre 


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FINANCIAL SERVICES AND GENERAL GOVERNMENT—Continued 

Project Agency Amount (in dollars) Requester(s) 

Johnstown Area Regional Industries (JARI) Incubator and Workforce Development SBA $150,000 Murtha, John P. Kemper County, Mississippi, for an industrial park spec building SBA $100,000 Pickering, Charles W. ‘‘Chip’’ Kingsborough Community College for the South Brooklyn Maritime Center for Vocational Training SBA $100,000 Weiner, Anthony D. LaFuerza Unida Community Development Corporation, Technical Assistance SBA $72,300 McCarthy, Carolyn Laredo Community College Import/Export Program SBA $200,000 Cuellar, Henry Lock Haven University Small Business Development Center SBA $50,000 Peterson John E. Long Island Economic and Social Policy Institute (a division of Dowling College) for a Long Island Small Business 

Development Center 

SBA $200,000 Israel, Steve 

Louisville Central Community Centers, Expansion of Small Business Incubator SBA $200,000 Yarmuth, John A. Lower Chattahoochee Regional Development Center for the Southwest Georgia Rural Small Business Development Initiative SBA $75,000 Bishop, Jr., Sanford D. Macomb County, Michigan, for a business incubator SBA $100,000 Miller, Candice; Levin, Sander Manufacturers Association of Central New York SBA $200,000 Walsh, Jim MedTech Association, Inc. for a bioscience strategic development initiative in Upstate New York SBA $250,000 Walsh, Jim Metropolitan Council on Jewish Poverty Career Services Programs SBA $200,000 Clarke, Yvette D.; Towns, Edolphus; Weiner, Anthony Miami-Dade Chamber of Commerce, Technical Assistance and Economic Development Center SBA $200,000 Meek, Kendrick B. Middle Country Library Foundation, Miller Business Resource Center SBA $200,000 Bishop, Timothy H. Montana State University’s manufacturing extension center SBA $100,000 Rehberg, Dennis 


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Montana World Trade Center SBA $300,000 Rehberg, Dennis Montgomery College for the Germantown Biotechnology Project SBA $168,000 Van Hollen, Chris Mount Hope Housing Company training programs SBA $75,000 Serrano, Jose ́Mountain Association for Community Economic Development for the Energy Efficient Enterprises Initiative for Small 

Businesses 

SBA $250,000 Chandler, Ben 

National Association of Development Organizations for a business development and entrepreneurial enhancement initiative SBA $150,000 Walsh, Jim National Latino Data Center to provide business information to local businesses, researchers, and communities SBA $50,000 Serrano, Jose ́Navajo Nation Department of Information Technology for Connect Navajo SBA $125,000 Udall, Tom Neil D. Levin Graduate Institute, The Center for Competitive Response to Globalization SBA $60,000 Maloney, Carolyn B. New Castle County Chamber of Commerce for an emerging enterprise center SBA $100,000 Castle, Michael N. New Hampshire Community Loan Fund for operating support for the Vested for Growth Program SBA $200,000 Hodes, Paul W. New York Agency for Community Affairs for tax related technical assistance, training, and outreach for small businesses SBA $200,000 Crowley, Joseph North Brownsville Industrial Park, TX SBA $200,000 Ortiz, Solomon P. North Carolina Biotechnology Center for the Entrepreneurship/Research and Development Training Initiative SBA $300,000 Price, David E.; Miller, Brad North Iowa Area Community College for regional economic development SBA $100,000 Latham, Tom Northampton Community College for an electrotechnology applications center SBA $300,000 Dent, Charles W.; Kanjorski, Paul E. Northeast Entrepreneur Fund, Greenstone Group SBA $250,000 Oberstar, James L. Northeast Louisiana Business and Community Development Center SBA $425,000 Alexander, Rodney Northwestern University, Kellogg School of Management Entrepreneurship Center nextONE program SBA $200,000 Davis, Danny K. Oakland African American Chamber of Commerce Foundation for the Economic Vitality of Minority Business Program SBA $100,000 Lee, Barbara 


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FINANCIAL SERVICES AND GENERAL GOVERNMENT—Continued 

Project Agency Amount (in dollars) Requester(s) 

Oakland Campus of Wayne State University for an entrepreneurship center SBA $400,000 Knollenberg, Joseph Ohio Christian University Center for Logistics Management SBA $700,000 Hobson, David Oil Region Alliance SBA $200,000 Peterson, John E. Operation New Hope in Florida SBA $500,000 Crenshaw, Ander Pacific Asian Consortium in Employment, San Gabriel Valley Business Development and Revolving Micro Loan Fund 

for counseling and advising services 

SBA $200,000 Solis, Hilda L. 

Pecos Economic Development Corporation expansion SBA $100,000 Rodriguez, Ciro D. People for People Job Creation Initiative for Low Income Communities SBA $250,000 Brady, Robert A. Pima County Community College Entrepreneurial Education and Development SBA $150,000 Giffords, Gabrielle Pittsburgh Life Sciences Greenhouse for the Tech Belt Biosciences Initiative, Concept to Commercialization Model SBA $168,000 Doyle, Michael F.; Altmire, Jason Presbyterian Senior Services for economic and community development programs for the elderly SBA $50,000 Serrano, Jose ́Research Foundation of SUNY, Downstate Advanced Biotechnology Incubator SBA $100,000 Clarke, Yvette D. Rhode Island Manufacturers Institute Competitiveness study SBA $65,000 Kennedy, Patrick J.; Langevin, James R. Richard Stockton College for an aviation research and technology park SBA $100,000 LoBiondo, Frank Rio Hondo College, CA Environmental Education for Small Businesses SBA $200,000 Sa ́ nchez, Linda T. Saint Mary’s College Program for Women’s Entrepreneurship SBA $250,000 Donnelly, Joe Schuylkill Economic Development Corporation for the Highridge Business Park Phase II SBA $168,000 Holden, Tim Seguin Works, for SEGUINWORKS Business Renovation Project SBA $168,000 Lipinski, Daniel 


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SEKTDA for economic and small business development in Southern and Eastern Kentucky SBA $700,000 Rogers, Harold Shawnee State University for an immersive technology and arts center SBA $300,000 Schmidt, Jean Small Business Program, Florida Department of Citrus SBA $300,000 Boyd, Allen; Putnam, Adam H. Southeast Missouri State University for entrepreneurship training and workforce development SBA $500,000 Emerson, Jo Ann Southern University at Shreveport for a business development center SBA $100,000 McCrery, Jim Stark State College of Technology SBA $1,451,000 Regula, Ralph Syracuse University for an entrepreneurial accelerator program SBA $100,000 Walsh, Jim Technology Venture Center at Montana State University SBA $100,000 Rehberg, Dennis The Bi-National Sustainability Laboratory, El Paso Border Technology Commercialization Facility (BTCF) SBA $200,000 Reyes, Silvestre The Enterprise Center in Tennessee SBA $700,000 Wamp, Zach The Solar Energy Consortium to promote entrepreneurship in the solar energy industry SBA $400,000 Hinchey, Maurice D. Thomas More College for training programs in health care management SBA $100,000 Davis, Geoff Thorpe Family Residence for economic and community development family residential services program SBA $50,000 Serrano, Jose ́Town of Middletown, RI Aquidneck Island Corporate Park SBA $120,000 Kennedy, Patrick J. Uhlich Children’s Advantage Network Alumni Services Department for job training, placement and retention services 

to low/moderate-income young adults 

SBA $300,000 Emanuel, Rahm; Davis, Danny K. 

United States Hispanic Chamber of Commerce, Small Business Procurement Development Initiative SBA $200,000 Baca, Joe United Way for Southeastern Michigan Ex-Offender Entrepreneurship Program SBA $250,000 Knollenberg, Joe; Conyers, Jr., John; Dingell, John D. University of Alabama for entrepreneurial resource centers SBA $100,000 Bachus, Spencer University of Arkansas Technology Development Foundation for a research and technology park SBA $100,000 Boozman, John University of Connecticut for the Avery Point Technology Center SBA $300,000 DeLauro, Rosa L.; Courtney, Joe 


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FINANCIAL SERVICES AND GENERAL GOVERNMENT—Continued 

Project Agency Amount (in dollars) Requester(s) 

University of Connecticut Health Center, Farmington Technology Incubation Center SBA $200,000 Murphy, Christopher S. University of Georgia Athens for Public Service and Outreach SBA $50,000 Bishop, Jr., Sanford D. University of Kansas for a center for trade and agribusiness SBA $100,000 Moran, Jerry University of Nebraska, Kearney for the Central Nebraska World Trade Center SBA $100,000 Smith, Adrian University of Oregon for an integrative science complex SBA $100,000 DeFazio, Peter; Hooley, Darlene; Walden, Greg; Wu, DUniversity of Texas at San Antonio Mexico Center for economic development activities SBA $100,000 Gonzalez, Charles A. University of Texas at San Antonio, Accelerating Technology Venture Entrepreneurship for Women and Minorities SBA $100,000 Gonzalez, Charles A. University of the Pacific Business Forecasting Center SBA $200,000 McNerney, Jerry University of Toledo Renewable Energy Business Incubator Communication Infrastructure SBA $125,000 Kaptur, Marcy University of West Florida for a business continuity and risk management center SBA $100,000 Miller, Jeff Urban League of Rochester for minority and women business development services SBA $100,000 Slaughter, Louise Valley Economic Development Center for a Women’s Business Center SBA $100,000 Schiff, Adam B. Verdugo Workforce Investment Board for assistance to Minority-Owned Businesses SBA $100,000 Schiff, Adam B. Village of Olympia Fields for a South Suburban Coalition Economic Development Program SBA $125,000 Jackson, Jr., Jesse L. Wayne County, Michigan Aerotropolis Telecommunications Portal and Logistics Center SBA $250,000 Dingell, John D. Wayne State University for the Law School’s Small Business Clinic SBA $75,000 Kilpatrick, Carolyn C. Western Nevada Development District for small business job creation SBA $300,000 Heller, Dean 


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William Factory Small Business Incubator SBA $300,000 Dicks, Norman D. Women’s Enterprise Development Center Small Business Training SBA $65,000 Lowey, Nita M. World Trade Center Utah SBA $100,000 Bishop, Rob Youngstown Warren Regional Chamber for the Salute to Success Program SBA $250,000 Ryan, Tim; Wilson, Charles A. YWCA Metropolitan Chicago for an Economic Empowerment Program SBA $125,000 Jackson, Jr., Jesse L. I Have A Dream Foundation of Washington DC, Brent Dream Class of 2006 DC $84,000 Norton, Eleanor Holmes Boys and Girls Club of Greater Washington for Project Learn DC $100,000 Moran, James P.; Davis Tom Capital Area Food Bank Facility Construction DC $200,000 Hoyer, Steny H.; Moran, James P.; Norton, Eleanor HDC Campaign for Literacy Education (CYCLE) DC $84,000 Norton, Eleanor Holmes Educational Advancement Alliance for the DC Student Support Services Project DC $250,000 Fattah, Chaka Everybody Wins! DC $400,000 LaHood, Ray Excel- Automotive Workforce Development Training Program DC $300,000 Knollenberg, Joe; Hoyer, Steny H. Georgetown Metro Connection DC $100,000 Moran, James P. National Children’s Alliance DC $250,000 Cramer, Jr., Robert E. (Bud) Safe Kids Worldwide, Inc., Child Safety Initiative DC $375,000 Wasserman Schultz, Debbie The Perry School for an Economic Empowerment Program DC $100,000 Moran, James P. Denver Federal Center Remediation GSA $10,472,000 The President Dirksen Courthouse, Illinois GSA $152,825,000 The President Eisenhower Executive Office Building CBR, Washington DC GSA $14,700,000 The President Eisenhower Executive Office Building Phase III, Washington DC GSA $51,075,000 The President 


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FINANCIAL SERVICES AND GENERAL GOVERNMENT—Continued 

Project Agency Amount (in dollars) Requester(s) 

FDA Consolidation, Maryland GSA $78,532,000 The President; Hoyer, Steny H. Portal Land Port of Entry, North Dakota GSA $15,204,000 The President San Diego Courthouse GSA $110,362,000 The President; Davis, Susan; Filner, Bob; Hunter, Du

Darrell 

San Ysidro Land Port of Entry, California GSA $58,910,000 The President; Filner, Bob St. Elizabeths DHS Consolidation, Washington DC GSA $165,102,000 The President St. Elizabeths West Campus Infrastructure GSA $8,249,000 The President St. Elizabeths West Campus Site Acquisition GSA $7,000,000 The President US Post Office and Courthouse, North Carolina GSA $10,640,000 The President West Wing Infrastructure Systems Replacement GSA $76,487,000 The President FDR Presidential Library Renovation NARA $17,500,000 Gillibrand, Kirsten E. National Alliance for Model State Drug Laws ONDCP $1,250,000 Rogers, Harold 


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COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) 

AUTHORITY

The following table provides a detailed summary, for each Department and agency, comparing the amounts recommended in the 

bill with fiscal year 2008 enacted amounts and budget estimates 

presented for fiscal year 2009: 


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(168) 

ADDITIONAL VIEWS OF THE HONORABLE JERRY LEWIS 

AND THE HONORABLE RALPH REGULA 

We commend Chairman Serrano for the work he has done in 

chairing the new Financial Services and General Government Appropriations Subcommittee over the past two years. The subcommittee provides funding for a diverse number of agencies performing activities such as regulating the financial and telecommunications industries, collecting taxes and providing taxpayer 

assistance, providing capital to small businesses and disadvantaged 

communities, supporting the operations of the White House and 

Federal Judiciary, providing Federal payments to the District of 

Columbia, operating and maintaining Federal buildings, managing 

the Federal workforce, assisting in the administration of Federal 

elections, and protecting consumers and investors. While we do not 

agree on every issue, we appreciate Chairman Serrano’s openness 

to our ideas, as well as his commitment to bipartisanship and regular order. 

The allocation for the Financial Services and General Government Appropriations Bill provides $22,390,000,000 in discretionary 

budget authority, which is $152,726,000 above the President’s 

budget request, and $1,791,000,000 above fiscal year 2008, excluding one-time emergency appropriations. This represents an 8.7 percent increase in non-emergency discretionary appropriations over 

the current year. This is a very generous allocation which allows 

most agencies in the bill to be funded at or above the President’s 

budget request. We believe the resource requirements of the agencies funded in this bill can be met with a smaller allocation but the 

Chairman has done a reasonable job given the allocation he was 

provided. 

While we are appreciative that the bill provides funding above 

the request for critical programs such as High Intensity Drug Trafficking Areas, Small Business Development Centers, the Taxpayer 

Advocate Service, and financial education programs, we believe 

that the bill contains unnecessary spending levels for several programs including Election Reform Programs and 7(a) business loan 

subsidies. 

ELECTION REFORM PROGRAMS

The bill includes $110,000,000 for the Election Assistance Commission to provide grants to States to improve their voting systems. 

While the Help America Vote Act of 2002 authorized $3.9 billion 

for grants to States to improve their voting systems, no funding is 

authorized to be appropriated for this purpose in 2009. This program was intended to provide grants to States to upgrade their voting systems through 2005, not to provide Federal funding for election administration on an annual basis. In addition, it should be 

noted that the Election Assistance Commission has reported to the 


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Committee that at the end of 2007 the States had more than $1.1 

billion in available balances from prior year appropriations. 

7(a) BUSINESS LOAN SUBSIDIES

This bill provides $100,000,000 to subsidize 7(a) business loans. 

We appreciate that funds are included to implement fee reductions 

for veterans’ participation in the 7(a) business loan program as authorized by the Military Reservist and Veteran Small Business Reauthorization and Opportunity Act of 2008. The Small Business 

Administration (SBA) estimates that the cost of this veterans’ program will be approximately $13,400,000. This leaves $86,600,000 

available to subsidize the non-veteran 7(a) business loans. It should 

be noted that the 7(a) program has been operating without a subsidy appropriation since the beginning of fiscal year 2005 with two 

of those years being record breaking years for lending volume. Past 

practice has proven that subsidies limit access to SBA loans if demand for loans exceeds the availability of appropriations. In many 

past years, SBA has been forced to temporarily shut the program 

down or impose loan limits in order to live within available appropriations. In prior testimony before the Committee, the SBA Administrator testified that ‘‘With the zero subsidy operation in place 

the program has been able to expand without the threat of a shut 

down. Zero subsidy is good stewardship of taxpayers’ money while 

creating a more stable loan program for small business.’’ It is irresponsible during times of budget deficits for Congress to provide 

appropriations to programs that do not need Federal funding. 

While we are supportive of funding for the new veterans program, 

other 7(a) business loans do not warrant the Federal subsidies. 

OFFICE OF PERSONNEL MANAGEMENT

We appreciate that the bill fully funds the Administration’s request for the Office of Personnel Management (OPM). The Committee understands that 60 percent of the Federal workforce will 

be eligible to retire in the next 10 years presenting an enormous 

challenge to the Federal government and the delivery of services to 

the public. The Committee appreciates that OPM is diligently 

working with Federal agencies to address this challenge including: 

establishing agency succession plans; participating in university 

and college job fairs and recruitment efforts; and increasing available management and leadership training to develop the Federal 

government’s future executives. 

We look forward to continuing to work with the Chairman and 

OPM to ensure that the Federal government is prepared to address 

this retirement wave and to encourage young people to work in 

government. 

EDUCATION IN THE DISTRICT OF COLUMBIA

We are responsible for helping the District live up to its promise 

as ‘‘the shining city on the hill’’ as President Reagan once said. The 

best way we can do that is by supporting the $74 million requested 

by the President and provided in this bill for education programs 

in the District of Columbia. This includes the three sector approach 

endorsed by both Mayor Fenty and City Council Chairman Grey, 


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which is composed of funding for public schools, public charters and 

opportunity scholarships. However, of the $74 million provided, we 

are extremely disappointed that bill does not provide the $3.2 million increase for Opportunity Scholarships requested by the President, the Mayor and the City Council. It is also unfortunate that 

the bill does not provide an increase in the scholarship amount for 

high school students to $12,000 as requested. In a letter to the 

Committee dated March 14, 2008, Mayor Fenty expressed his support for the President’s request and stated the increase in high 

school tuition scholarships is ‘‘necessary to ensure that scholarships 

reflect the actual tuition expenses of students currently in the program’’. 

CONTROVERSIAL POLICY RIDERS

Finally, we are also concerned that the bill includes several controversial authorization policy changes that have the potential to 

delay enactment of this bill. One of particular concern is language 

prohibiting the implementation of new media ownership rules 

adopted by the Federal Communications Commission (FCC). These 

new FCC rules are modest in reach and further the public’s interest by providing greater financial flexibility to newspaper and 

broadcast outlets struggling in today’s ultra-competitive media 

market. This and other controversial riders should be dealt with by 

the appropriate committees of jurisdiction and their inclusion will 

only lead to the delay in the provision of funding to important 

agencies funded by the Act. 

JERRY LEWIS. 

RALPH REGULA. 

Æ 


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