Senate Appropriations Committee Issues Report on FY 2020 Financial Services, General Government Appropriations Bill (Part 4 of 6)

WASHINGTON, Sept. 21 -- The Senate Appropriations Committee issued a report (S.Rpt. 116-111) on legislation (S. 2524) making appropriations for financial services and general government for the fiscal ending Sept. 30, 2020. The report was advanced by Sen. John Kennedy, R-Louisiana, on Sept. 19.

Federal Election Commission

SALARIES AND EXPENSES

Appropriations, 2019...$71,250,000

Budget estimate, 2020...70,537,500

Committee recommendation...70,537,500

PROGRAM DESCRIPTION

The Federal Election Commission [FEC] was created through the 1974 Amendments to the Federal Election Campaign Act of 1971 (Public Law 93-443). Consistent with its duty of executing our Nation's Federal campaign finance laws, and in pursuit of its mission of maintaining public faith in the integrity of the Federal campaign finance system, the FEC conducts three major regulatory programs: (1) providing public disclosure of funds raised and spent to influence Federal elections; (2) enforcing compliance with restrictions on contributions and expenditures made to influence Federal elections; and (3) administering public financing of Presidential campaigns.

COMMITTEE RECOMMENDATION

The Committee recommends $70,537,500 for the Federal Election Commission.

Foreign Influence in Online Campaign Advertising.-- Safeguarding the integrity of U.S. elections is an essential priority for the country. Online campaign advertising has been a central part of the last several election cycles. Investigations conducted over the last 2 years by the Intelligence Community and congressional committees have revealed instances of illegal foreign influence in such advertising. The Committee requests the Chairman and Vice Chairman of the FEC provide a report on: (1) the steps taken by online platforms since 2016 to detect instances of foreign nationals illegally purchasing online campaign advertising to influence the 2020 Federal elections; and (2) how those measures have complemented efforts by the Federal Government to enforce existing prohibitions on foreign national participation in campaign activities.

Federal Labor Relations Authority

SALARIES AND EXPENSES

Appropriations, 2019...$26,200,000

Budget estimate, 2020...24,890,000

Committee recommendation...24,890,000

PROGRAM DESCRIPTION

The Federal Labor Relations Authority [FLRA] is an independent administrative Federal agency created by title VII of the Civil Service Reform Act of 1978 (Public Law 95-454) with a mission to carry out five statutory responsibilities in relation to the Federal workforce: (1) determining the appropriateness of units for labor organization representation; (2) resolving complaints of unfair labor practices; (3) adjudicating exceptions to arbitrator's awards; (4) adjudicating legal issues relating to the duty to bargain; and (5) resolving impasses during negotiations.

The FLRA's authority is divided by law and by delegation among a three-member authority and an Office of General Counsel, appointed by the President and subject to Senate confirmation; and the Federal Service Impasses Panel, which consists of seven part-time members appointed by the President.

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $24,890,000 for the Federal Labor Relations Authority.

Federal Permitting Improvement Steering Council

ENVIRONMENTAL REVIEW IMPROVEMENT FUND

Appropriations, 2019...

Budget estimate, 2020...

Committee recommendation...$9,100,000

PROGRAM DESCRIPTION

This appropriation supports the authorized activities of the Environmental Review Improvement Fund and the Federal Permitting Improvement Steering Council. The Council will lead on-going government-wide efforts to modernize the Federal permitting and review process for major infrastructure projects and work with Federal agency partners to implement and oversee adherence to the statutory requirements set forth in the Fixing America's Surface Transportation Act of 2015.

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $9,100,000. The Council was previously funded as an internal component of the General Services Administration [GSA]. Consistent with GSA Order ADM 5440.724, funding for the Council as an independent agency is provided under this heading.

Federal Trade Commission

SALARIES AND EXPENSES

Appropriations, 2019...$309,700,000

Budget estimate, 2020...312,300,000

Committee recommendation...312,300,000

PROGRAM DESCRIPTION

The Federal Trade Commission [FTC] administers a variety of Federal antitrust and consumer protection laws. Activities in the antitrust area include detection and elimination of illegal collusion, anticompetitive mergers, unlawful single-firm conduct, and injurious vertical agreements. The FTC enforces consumer protection laws involving advertising, marketing, and financial practices; fights consumer fraud; and addresses privacy and identity protection concerns.

COMMITTEE RECOMMENDATION

The Committee recommendation provides $312,300,000 for the salaries and expenses of the FTC for fiscal year 2020.

The Congressional Budget Office estimates $141,000,000 of collections from Hart-Scott-Rodino premerger filing fees and $18,000,000 of collections from Do-Not-Call fees will partially offset the appropriation requirement for this account. The total amount of direct appropriations for this account is therefore estimated at $153,300,000.

Consumer Privacy and Data Security.--The Committee encourages the FTC to use its current authorities to deter unfair and deceptive conduct in consumer privacy and data security matters. Specifically, the Committee encourages the FTC to utilize its Section 5 unfairness authority to distinguish between privacy practices that provide benefits to consumers, and those that are harmful; between those that are fair, and those that are unfair. The Commission is directed to submit a report to the Committee, within 180 days of enactment, on the ways it utilizes its current authorities, including Section 5 unfairness authority, to deter unfair and deceptive conduct in consumer privacy and data security matters.

Sports Concussions.--According to the Centers for Disease Control and Prevention, a concussion is a type of traumatic brain injury that can occur in any sport or recreation activity. Given the potential for real injury to children, the Committee urges the FTC to remain vigilant in its enforcement efforts against potential unfair and deceptive practices related to sports concussions. The FTC should review any National Academies' report on sports-related concussions in youth for any matter that may inform efforts to protect consumers from unfair or deceptive practices in or affecting commerce. The FTC should also be vigilant of and, if necessary, take steps to prevent anticompetitive conduct related to the development and use of industry standards that could reduce competition and innovation in protective sports equipment. This is especially important as more and more retail moves online and consumers may not be as capable of determining the actual amount of protection available from the equipment being sold.

Contact Lenses.--The Committee is encouraged by the FTC's acknowledgement of certain patient safety concerns in its most recent draft Contact Lens Rule. While the Committee is pleased the FTC has proposed some improvements to previous drafts related to prescription release, electronic delivery, and illegal substitution, the Committee remains concerned that the FTC has not sufficiently addressed the need for the prescription verification process to be modernized to provide for adequate enforcement of the law. Therefore, the Committee urges the FTC to reevaluate its definition of direct communication and consider eliminating the use of automated telephone verification messages, to ensure an effective prescription verification process exists to allow the FTC to properly enforce the rule.

Credit Card Skimmers.--The Committee appreciates the FTC's efforts to warn Americans travelling abroad to be alert for credit card skimmers placed by thieves inside automatic teller machines and gas pumps. However, the Committee is aware that such credit card information theft increasingly occurs within the United States and thus urges the FTC to work with the Department of Justice and State attorneys general to prevent such consumer scams.

Consolidation and Competition in Health Care.--The Committee is concerned that consolidation among providers and insurers in the healthcare sector is leading to higher prices for American families and taxpayers. Peer reviewed analysis has shown that hospital prices in monopoly markets are 15.3 percent higher than those in markets with four or more hospitals. The Government Accountability Office has reported that the three largest issuers held 80 percent of the market or more in at least 37 of 50 States, and the District of Columbia. The Committee encourages the Commission to review, investigate and challenge, where appropriate, mergers in the healthcare sector. The Committee encourages the Commission to conduct retrospective reviews of past mergers to determine the impacts those mergers have had on prices paid by American families and American taxpayers through the Federal Government's subsidization of healthcare. The Committee also encourages the Commission to study barriers to entry for new providers and insurers.

Social Media Bots and Deceptive Advertising.--The Committee remains concerned by the increased use of social media bots for advertising purposes and whether their use constitutes a deceptive practice. Bots are becoming increasingly sophisticated, including applying cognitive science techniques to manipulate users into developing trust relationships. Bots are also rapidly expanding in scale, with individuals now able to purchase thousands of bots or fake "followers" to artificially increase their social media standing and potential revenue from advertisements. To assist Congress in better understanding the impact of these advertising practices on consumers, the Committee directs the Commission to submit a report, not later than 9 months after enactment of this act, describing the growing social media bot market as well as the use of social media bots in online advertising. The report shall include a discussion of how their use might constitute a deceptive practice.

Social Media and Algorithmic Bias.--Social media has fundamentally democratized Americans' ability to participate in civic discourse. However, while individuals are responsible for the creation of social media content, complex algorithms often determine the distribution, promotion, and placement of that content. This gives rise to the risk that any political biases in these algorithms--whether implicit or explicit; intentional or unintentional--leave social media users with a false understanding of the context of the information they receive. The Committee directs the FTC to submit a report, not later than 9 months after enactment of this act, describing the use of algorithms in the distribution of social media content, including an assessment of whether such algorithms are subject to political biases. The report shall include a discussion of how their use might constitute a deceptive practice.

Robocalls.--The Committee is concerned by a significant increase in robocalls nationally, with more than 26,300,000,000 robocalls placed in 2018, an increase of more than 8,300,000,000 calls since 2017. According to the FTC, from April 2018 to March 2019, consumers reported losses of $19,000,000 from social security scams alone. The Committee encourages the Federal Communications Commission and FTC to continue to engage with industry, consumer groups, and the public to reduce the number of robocalls nationwide and help protect consumers from fraudulent calls and scammers. These engagement efforts should include encouraging full implementation of Secure Telephony Identity Revisited/ Signature-based Handling of Asserted information using toKENs [STIR/SHAKEN] technology, as well as education and outreach efforts to assist consumers in stopping and avoiding scam calls and unwanted calls.

Technical Expertise.--The Committee is concerned that the FTC lacks sufficient technical expertise to enforce consumer protection in the digital domain. The Committee encourages the FTC's Bureau of Consumer Protection to hire additional technologists to work across the five law enforcement areas (Privacy and Identity Protection, Financial Practices, Marketing Practices, Advertising Practices, and Enforcement). These technologists should have an academic or professional background in computer science, cybersecurity, software engineering or other related field.

"Made in USA" Standard.--The Committee is concerned that, for companies that brazenly violate the FTC Act's prohibition on deception by falsely labeling wholly imported products as "Made in USA," the FTC often settles charges without requiring the company to disgorge its ill-gotten gains or admit liability. The Committee recommends that the FTC seek more aggressive remedies with "Made in USA" violators, including through tougher settlements, use of its power under section 5(m) of the FTC Act, and rulemaking in this area.

Resources for Data Privacy and Security.--The Committee urges the FTC to conduct a comprehensive internal assessment measuring the agency's current efforts related to data privacy and security while separately identifying all resource-based needs of the FTC to improve in these areas. The Committee also urges the FTC to provide a report describing the assessment's findings to the Committee within 180 days of enactment.

Credit Report Accuracy.--The accuracy of information in a credit report is critical to both consumer protection and the integrity of a creditor's decision-making process. Under the Fair Credit Reporting Act, consumer reporting agencies must (1) maintain reasonable procedures to ensure the "maximum possible accuracy" of consumer reports and (2) maintain procedures through which consumers can dispute and correct inaccurate information in their consumer reports. The FTC is directed to report to the Committee, within 180 days of the enactment of this act, on its consumer education efforts with respect to disputing and correcting information in a credit report, as well as its enforcement efforts related to dispute processes and the correction of inaccurate and incomplete information.

Deceptive Online Marketing.--The Committee urges the FTC to share with state attorneys general materials to help educate consumers about online booking scams, including the use of websites and call centers to mislead consumers into believing that they are dealing directly with hotels. The Committee also encourages the FTC to continue to ensure that state attorneys general are aware of its recent enforcement action against Reservation Counter, LLC, and its owners.

General Services Administration

PROGRAM DESCRIPTION

The General Services Administration [GSA] was established by the Federal Property and Administrative Services Act of 1949 (Public Law 81-152) when Congress mandated the consolidation of the Federal Government's real property and administrative services. GSA is organized into the Public Buildings Service, the Federal Acquisition Service, the Office of Governmentwide Policy, and the Office of Citizen Services.

COMMITTEE RECOMMENDATION

Federal Contractor Tax Check System.--Since fiscal year 2015, the Financial Services and General Government appropriations acts have included a governmentwide provision prohibiting Federal agencies from using appropriated funds to enter into contracts with entities that have qualifying Federal tax debts unless certain circumstances are met. This provision effectuates the straightforward proposition that contractors that ignore their Federal tax liabilities should not be allowed to enrich themselves with taxpayer dollars. Unfortunately, the Committee has serious concerns about agencies' compliance with this provision. In an April 2019 study, GAO reported widespread noncompliance, and potential violations of the Antideficiency Act, at some of the largest Federal agencies [GAO-19-243).

In order to better effectuate the governmentwide provision, an administrative provision provides an additional $3,000,000 for the Administrator of General Services to require entities registering in the System for Award Management to submit an authenticated certification from the Internal Revenue Service.

Federal Fleet.--The Committee directs GSA to report to the Committee within 120 days on its efforts to analyze the impact that emerging fleet management trends may have on the Federal Fleet.

In addition, the Committee encourages GSA to consider the inclusion of advanced technology to prevent drunk driving in future fleet vehicle purchasing requirements. The Committee directs GSA to report 180 days after enactment of this act on the feasibility of including such components in its vehicle inventory.

FBI Headquarters.--Due to concerns about the FBI Headquarters Revised Nationally-Focused Consolidation Plan, which was submitted to Congress by GSA on February 12, 2018, the Consolidated Appropriations Acts of 2018 and 2019 included no funding for this project. No funds were requested for the project for fiscal year 2020 and no funds are provided in this bill.

The Committee continues to be reluctant to appropriate any additional funds for this project due to the unanswered questions regarding the new plan, including the revision of longstanding mission and security requirements. The Committee encourages GSA to work with the FBI to submit a prospectus for a new, fully-consolidated headquarters building, including at one of the three previously vetted sites, that complies with prior Congressional directives and actions and meets Interagency Security Committee Level V security standards.

Dirksen Courthouse.--The Dirksen Courthouse in Chicago is adjacent to Federal buildings in critical disrepair that are undergoing the disposal process. Concerns continue to be raised about the security of the Court and other Federal agencies in the courthouse. GSA is expected to include in any sale or lease agreement as part of the disposal process of the State Street properties in Chicago the security measures as outlined in the GSA report to the House and Senate Appropriations Committees dated October 29, 2018. The Committee expects GSA to utilize all remedies available to ensure compliance of the agreed-upon terms (including the security measures) included in any sale or lease agreement.

White Oak Expansion.--The Committee is aware that the Food and Drug Administration's [FDA's] growing staff will require leasing additional office locations until the 2018 Federal Research Center Master Plan for the White Oak Campus expansion can be fully implemented. To determine the lowest cost technically acceptable for a prospectus lease, GSA should consider the effect of local travel on FDA staff productivity, adjacency to existing FDA leases, and the cost of lost productivity when evaluating the costs of lease proposals.

Flood Resiliency.--The Committee is concerned with the condition and resiliency of Federal buildings located in flood prone areas that were constructed prior to the creation of Federal Emergency Management Agency flood maps. Flooding can severely damage Federal facilities and impact an agency's operations and ability to fulfill its mission, and buildings that were built before the first flood maps are particularly vulnerable. Federal buildings that are located in high risk areas can require special mitigation measures, such as structure elevation, building system and cabling placement, and additional envelope protection. Given GSA's repair backlog, extreme weather events present significant risks to the Federal real estate portfolio and failure to mitigate these risks could result in even costlier expenditures following a natural disaster. GSA is directed to provide a report to the Committee within 90 days of enactment on Federal facilities built before flood maps were created in flood prone areas that require Federal investment to restore or maintain acceptable conditions. The report should include details on flood vulnerabilities for buildings, estimated flood mitigation project costs, and timeframe for project execution.

Energy Efficiency.--The Committee encourages greater use of Energy Savings Performance Contracts [ESPCs] in GSA's portfolio to help reduce the building repair backlog, including upgrades that can help improve resiliency and cybersecurity. The use of ESPCs, which retrofit buildings at no net cost to the taxpayer, will allow scarce, appropriated dollars to be extended. GSA should consider the use of ESPCs when formulating future budget requests for repair projects.

Department of Veterans Affairs Leases.--The Committee urges GSA to expedite lease procurement projects authorized by the VA Choice and Quality Employment Act of 2017. The Committee directs GSA to provide a report to the Committee within 90 days on the status of its work.

Premium Class Travel.--The Committee remains concerned by excessive spending on premium-class airline tickets for government employees. Independent watchdogs, including the Government Accountability Office and inspectors general, have long warned of serious breakdowns in internal controls and the potential for hundreds of millions of dollars in improper purchases. The Federal Travel Regulation generally prohibits Federal employees from using first-class and business-class airline travel, with certain limited exceptions, to promote the economy and efficiency of our government and to protect taxpayer dollars. GSA is directed to provide to the Committee the department and agency travel data compiled pursuant to 41 C.F.R. Part 300-70, Subpart B.

Shared Services.--The Committee is aware of the Administration's and GSA's Unified Shared Services Management and Strategy Initiatives and GSA's initial proposals for its Payroll Shared Services Initiative--NewPay. The Committee understands that one of the key goals of NewPay is to help bring commercial technology solutions to Federal agencies and have industry teams work with existing Federal shared services providers to improve and modernize payroll human resources management solutions for Federal agencies. While GSA has been pre-designated by the Office of Management and Budget to serve as the quality service management office for civilian human resource management services, the Committee understands that current GSA capacity is totally inadequate to help Federal agencies move to more modern and cost efficient technologies for common mission support services such as payroll and other human resources services. As currently structured, the Committee is also concerned that NewPay only addresses a very small percentage of the actual Federal payroll services currently provided to Federal employees by shared services providers. In addition, the Committee is concerned about the lack of transparency and details thus far on any return on investment analysis regarding NewPay's implementation cost impacts to current agency customers as well as the migration costs that Federal agencies and departments might incur to transition current payroll and related systems to NewPay or other more modern systems. To address these concerns, to avoid establishing duplicative agency offices and expertize, and to ensure that millions of Federal employees pay and human resources services are not interrupted or adversely impacted during transition to NewPay or other shared services modernization efforts envisioned under GSA's Unified Shared Services Management Initiative, the Committee directs the GSA to team with the largest Federal civilian payroll and human resource management shared services provider for program management and implementation efforts associated with NewPay and related shared services initiatives. Given the lengthy process and timelines of GSA's NewPay and Unified Shared Services Management initiatives, to improve the efficiency and effectiveness of current common mission shared services, and to avoid duplication of these efforts across other Federal agencies and departments, the Committee directs GSA to allow its shared services providers to actively market their current payroll, financial or other human resource management services to other Federal agencies and departments.

FEDERAL BUILDINGS FUND--LIMITATIONS ON AVAILABILITY OF REVENUE

(INCLUDING TRANSFER OF FUNDS)

Limitation on availability of revenue:

Limitation on availability, 2019...$9,285,082,000

Limitation on availability, budget estimate, 2020...10,203,596,000

Committee recommendation...9,581,079,000

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.

CONSTRUCTION AND ACQUISITION

Limitation on availability, 2019...$958,900,000

Limitation on availability, budget estimate, 2020...649,290,000

Committee recommendation...350,517,000

PROGRAM DESCRIPTION

The construction and acquisition fund finances the site, design, construction, management, and inspection costs of new Federal facilities.

COMMITTEE RECOMMENDATION

The Committee recommends a limitation of $350,517,000 for construction and acquisition:

--$152,432,000 for the San Luis I Land Port of Entry in San Luis, Arizona

--$8,975,000 for the Federal Bureau of Investigation Field Office in St. Louis, Missouri

--$189,110,000 for the United States Courthouse in Chattanooga, Tennessee.

REPAIRS AND ALTERATIONS

Limitation on availability, 2019...$663,219,000

Limitation on availability, budget estimate, 2020...1,662,410,000

Committee recommendation...1,365,721,000

PROGRAM DESCRIPTION

Under this activity, GSA executes its responsibility for repairs and alterations of both Government-owned and -leased facilities under the control of GSA.

COMMITTEE RECOMMENDATION

The Committee recommends a limitation of $1,365,721,000 for repairs and alterations in fiscal year 2020, including $908,664,000 for major repairs and alterations projects, $382,057,000 for Basic Repairs and Alterations, and $75,000,000 for Consolidation Activities.

RENTAL OF SPACE

Limitation on availability, 2019....$5,418,845,000

Limitation on availability, budget estimate, 2020...5,508,390,000

Committee recommendation...5,497,297,000

PROGRAM DESCRIPTION

The rental of space program funds lease payments made to privately owned buildings, temporary space for Federal employees during major repair and alteration projects, and relocations from Federal buildings due to forced moves and relocations as a result of health and safety conditions. GSA is responsible for leasing general purpose space and land incident thereto for Federal agencies, except in cases where GSA has delegated its leasing authority.

COMMITTEE RECOMMENDATION

The Committee recommends a limitation of $5,497,297,000 for rental of space.

BUILDING OPERATIONS

Limitation on availability, 2019....$2,244,118,000

Limitation on availability, budget estimate, 2020...2,383,506,000

Committee recommendation...2,367,544,000

PROGRAM DESCRIPTION

This activity provides for the operation of all Government- owned facilities under the jurisdiction of GSA and building services in GSA-leased space where the terms of the lease do not require the lessor to furnish such services. Services included in building operations are cleaning, protection, maintenance, payments for utilities and fuel, grounds maintenance, and elevator operations.

COMMITTEE RECOMMENDATION

The Committee recommends a limitation of $2,367,544,000 for building operations.

GOVERNMENTWIDE POLICY

Appropriations, 2019...$60,000,000

Budget estimate, 2020...65,843,000

Committee recommendation...64,000,000

PROGRAM DESCRIPTION

The Office of Governmentwide Policy [OGP], working cooperatively with other agencies, provides the leadership needed to develop and evaluate policies associated with high- performance green buildings and real property, acquisition policy, personal property, travel and transportation management, vehicles and aircraft, committee and regulations management, and management of Federal spending data. OGP collaborates with partner agencies and other stakeholders to improve public access to policy information and support data, and improve transparency in Government.

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $64,000,000 for Governmentwide Policy.

Limiting Purchasing of Products that Contain Per- and Polyfluoroalkyl Substances [PFAs].--The Administrator of GSA is encouraged to assist the Administrator of the Environmental Protection Agency: (1) in updating EPA's Recommendations of Specifications, Standards, and Ecolabels for Federal Purchasing to identify and recommend as appropriate private sector standards and ecolabels that identify products that do not contain PFAs; and (2) in developing and recommending specifications for government-wide use with a goal to encourage the use of safer alternatives.

DotGov Program.--The ".gov" domain, managed by GSA, was established to make it easy to identify U.S. government websites on the Internet. Use of this domain signifies trust and credibility, and there are security benefits associated with a ".gov" domain, such as two factor authentication. The Committee is supportive of GSA's efforts to help ensure that citizens are interacting with official government websites. GSA is directed to report to the Committee no later than 120 days after enactment of this act on additional steps that could be taken to increase adoption of ".gov" domains for State and local governments.

City Pair Program.--The City Pair Program was developed to provide discounted airfare and flexibility for Federal Government travelers. The Committee is aware of concerns among some participants regarding certain city pair awards, but the Committee recognizes that GSA's administration of the program is consistent with existing law. The Committee encourages GSA to continue to administer the program in a manner that delivers best value airfares and ensures that Federal participants are able to effectively and efficiently fulfill their agency's mission.

OPERATING EXPENSES

Appropriations, 2019...$49,440,000

Budget estimate, 2020...49,440,000

Committee recommendation...49,440,000

PROGRAM DESCRIPTION

Operating Expenses supports a variety of operational activities which are not feasible or appropriate for a user fee arrangement. Major programs include the personal property utilization and donation activities of the Federal Acquisition Service; the real property utilization and disposal activities of the Public Buildings Service; and the Management and Administration activities, including support of Governmentwide emergency response and recovery activities, and top-level agency-wide management, administration, and communications activities.

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $49,440,000 for Operating Expenses.

CIVILIAN BOARD OF CONTRACT APPEALS

Appropriations, 2019...$9,301,000

Budget estimate, 2020...9,301,000

Committee recommendation...9,301,000

PROGRAM DESCRIPTION

The Civilian Board of Contract Appeals is responsible for resolving contract disputes between government contractors and Federal agencies.

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $9,301,000 for the Civilian Board of Contract Appeals.

OFFICE OF INSPECTOR GENERAL

Appropriations, 2019...$65,000,000

Budget estimate, 2020...68,000,000

Committee recommendation...66,500,000

PROGRAM DESCRIPTION

This appropriation provides agency-wide audit and investigative functions to identify and correct management and administrative deficiencies within GSA, which 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 an appropriation of $66,500,000 for the Office of Inspector General.

ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS

Appropriations, 2019...$4,796,000

Budget estimate, 2020...3,851,112

Committee recommendation...3,851,000

PROGRAM DESCRIPTION

This appropriation currently provides pensions, office staffs, and related expenses for former Presidents Jimmy Carter, William Clinton, George W. Bush, and Barack Obama.

COMMITTEE RECOMMENDATION

The Committee recommends $3,851,000 for allowances and office staff for former Presidents.

FEDERAL CITIZEN SERVICES FUND

Appropriations, 2019...$55,000,000

Budget estimate, 2020...58,400,000

Committee recommendation...55,000,000

PROGRAM DESCRIPTION

The Federal Citizen Services Fund provides for the salaries and expenses of the Office of Citizen Services and Innovative Technologies [OCSIT]. OCSIT provides the means for citizens, businesses, other governments, and the media to obtain information and services easily from the Government via the Web, email, printed media, and telephone. OCSIT leads several interagency groups to share best practices and develop strategies for improving the way Government provides services to the American public.

The Federal Citizen Services [FCS] Fund is financed from annual appropriations to pay for the salaries and expenses of OCSIT staff and Citizens Services programs. Reimbursements from Federal agencies pay for the direct costs of information services OCSIT provides on their behalf. The FCS Fund also receives funding from user fees for publications ordered by the public, payments from private entities for services rendered, and gifts from the public. All income is available without regard to fiscal year limitations, but is subject to an annual aggregate expenditure limit as set forth in appropriation acts.

COMMITTEE RECOMMENDATION

The Committee recommends $55,000,000 for the Federal Citizen Services Fund.

Foundations for Evidence-Based Policymaking Act.--The Committee encourages GSA to make progress on the government- wide implementation of title II (the OPEN Government Data Act) of the Foundations for Evidence-Based Policymaking Act (Public Law 115-435) to improve the public's information about the data the government holds.

TECHNOLOGY MODERNIZATION FUND

Appropriation, 2019...$25,000,000

Budget estimates, 2020...150,000,000

Committee recommendation...

The Technology Modernization Fund [TMF] is designed to be a full cost recovery fund that finances the transition of Federal agencies from antiquated legacy IT systems to modern IT platforms. The Fund is administered by GSA in accordance with recommendations made by an inter-agency TMF Board established by the Modernizing Government Technology Act. The Fund was established to provide upfront funding for modernization investments, which agencies are required to repay over a period of up to 5 years.

COMMITTEE RECOMMENDATION

The Committee recommends $0 for the TMF.

PRE-ELECTION PRESIDENTIAL TRANSITION

Appropriations, 2019...

Budget estimate, 2020...$9,620,000

Committee recommendation...9,620,000

PROGRAM DESCRIPTION

In accordance with the Pre-Election Transition Act of 2010, this appropriation will enable GSA to provide transition services to eligible major party candidates before the general election.

COMMITTEE RECOMMENDATION

The Committee recommends $9,620,000 for pre-election presidential transition.

ASSET PROCEEDS AND SPACE MANAGEMENT FUND

Appropriation, 2019...$25,000,000

Budget estimates, 2020...31,000,000

Committee recommendation...

This account provides appropriations for the purposes of carrying out actions pursuant to the recommendations of the Public Buildings Reform Board focusing on civilian real property.

COMMITTEE RECOMMENDATION

The Committee recommends $0 for the Asset Proceeds and Space Management Fund. The Committee continues to strongly support the Public Buildings Reform Board and efforts to reduce Federal real property costs by consolidating and selling underutilized and vacant Federal buildings and other civilian real property. However, there have been significant delays in standing up the Public Buildings Reform Board, and none of the funds that have been appropriated to the Fund since fiscal year 2018 have been obligated. The Committee will continue to monitor steps being taken to stand up the Public Buildings Reform Board to ensure sufficient resources are available to meet program needs.

ENVIRONMENTAL REVIEW IMPROVEMENT FUND

Appropriations, 2019...$6,070,000

Budget estimate, 2020...7,100,000

Committee recommendation...

PROGRAM DESCRIPTION

This appropriation supports the authorized activities of the Environmental Review Improvement Fund and the Federal Permitting Improvement Steering Council. The Council will lead on-going government-wide efforts to modernize the Federal permitting and review process for major infrastructure projects and work with Federal agency partners to implement and oversee adherence to the statutory requirements set forth in the Fixing America's Surface Transportation Act of 2015.

COMMITTEE RECOMMENDATION

Consistent with GSA Order ADM 5440.724, funding for the Council as an independent agency is provided elsewhere in this title.

WORKING CAPITAL FUND

Appropriations, 2019...

Budget estimate, 2020...$50,000,000

Committee recommendation...

PROGRAM DESCRIPTION

The Working Capital Fund is a revolving fund that finances GSA's administrative services. These include, but are not limited to IT management, budget and financial management, legal services, human resources, equal employment opportunity services, procurement and contracting oversight, emergency planning and response, and facilities management of GSA- occupied space.

COMMITTEE RECOMMENDATION

The Committee recommends no direct appropriation for the Working Capital Fund. The fiscal year 2020 request for the Working Capital Fund relates costs incurred transitioning Office of Personnel Management functions to GSA and for costs relating to modernizing, upgrading, or replacing the Office of Personnel Management's information technology. Should authorizing legislation be enacted that transfers these functions to GSA, the Committee stands ready to provide sufficient resources to GSA to facilitate an orderly transition.

ADMINISTRATIVE PROVISIONS--GENERAL SERVICES ADMINISTRATION

(INCLUDING TRANSFERS OF FUNDS)

Section 520 authorizes GSA to use funds for the hire of passenger motor vehicles.

Section 521 authorizes GSA to transfer funds within the Federal buildings fund to meet program requirements.

Section 522 requires that the fiscal year 2021 budget request meet certain standards.

Section 523 provides that no funds may be used to increase the amount of occupiable square feet, provide cleaning services, security enhancements, or any other service usually provided, to any agency which does not pay the requested rate.

Section 524 continues the provision that permits GSA to pay small claims less than $250,000 made against the Government.

Section 525 provides that certain lease agreements must conform to an approved prospectus.

Section 526 requires a GSA spending plan for certain accounts and programs.

Section 527 provides $3,000,000 for a Federal contractor tax check system.

Harry S Truman Scholarship Foundation

SALARIES AND EXPENSES

Appropriations, 2019...$1,000,000

Budget estimate, 2020...

Committee recommendation...1,670,000

PROGRAM DESCRIPTION

The Harry S Truman Scholarship Foundation is an independent agency established by Congress in 1975 (Public Law 93-642) to encourage exceptional college students to pursue careers in public service through the Truman Scholarship program. The Truman Scholarship is a merit-based award available to college juniors who plan to pursue careers in government or elsewhere in public service.

The Foundation Trust Fund was established with a one-time $30,000,000 appropriation in 1976. The authorizing legislation directed that this endowment be invested solely in U.S. Treasury securities, the interest from which has funded the Foundation's operating budget. With the decline in interest rates, the annual yield from the trust fund has declined by nearly 80 percent since 2002.

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $1,670,000 for the Harry S Truman Scholarship Foundation.

Merit Systems Protection Board

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

Appropriations, 2019...$46,835,000

Budget estimate, 2020...42,265,500

Committee recommendation...42,265,500

PROGRAM DESCRIPTION

The Merit Systems Protection Board [MSPB] was established by the Civil Service Reform Act of 1978. MSPB is an independent quasi-judicial agency manifested to protect Federal merit systems against partisan political and other prohibited personnel practices and to ensure adequate protection for employees against abuses by agency management.

MSPB assists Federal agencies in running a merit-based civil service system. This is accomplished on a case-by-case basis through hearing and deciding employee appeals and on a systemic basis by reviewing significant actions and regulations of the Office of Personnel Management [OPM] and conducting studies of the civil service and other merit systems. The intended results of MSPB's efforts are to assure that personnel actions taken against employees are processed within the law and that actions taken by OPM and other agencies support and enhance Federal merit principles.

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $42,265,500 for the MSPB. The recommendation includes not more than $2,345,000 for adjudicating retirement appeals through an appropriation from the trust fund consistent with past practice.

Morris K. Udall and Stewart L. Udall Foundation

MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND

Appropriations, 2019...$1,875,000

Budget estimate, 2020...1,800,000

Committee recommendation...1,725,000

PROGRAM DESCRIPTION

The General Fund payment to the Morris K. Udall and Stewart L. Udall Trust Fund is invested in Treasury securities with maturities suitable to the needs of the Fund. Interest earnings from the investments are used to carry out the activities of the Morris K. Udall and Stewart L. Udall Foundation. The Foundation awards scholarships, fellowships, and grants, and funds activities of the Udall Center.

The Morris K. Udall and Stewart L. Udall Foundation also supports training programs for professionals in healthcare policy and public policy, such as the Native Nations Institute [NNI]. NNI, based at the University of Arizona, provides Native Americans with leadership and management training, and analyzes policies relevant to tribes.

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $1,725,000 for the Morris K. Udall and Stewart L. Udall Trust Fund.

Previous annual appropriations provided that $200,000 shall be transferred to the Office of Inspector General of the Department of the Interior to conduct annual audits and investigations of the Foundation. As a substantial portion of previously transferred amounts remain available for such purposes, the Committee recommends discontinuance of the transfer. Accordingly, the appropriation of $1,725,000 to the Morris K. Udall and Stewart L. Udall Trust Fund effectively provides $50,000 above the fiscal year 2019 enacted level.

ENVIRONMENTAL DISPUTE RESOLUTION FUND

Appropriations, 2019...$3,200,000

Budget estimate, 2020...3,200,000

Committee recommendation...3,200,000

PROGRAM DESCRIPTION

The U.S. Institute for Environmental Conflict Resolution is a Federal program established by Public Law 105-156 to assist parties in resolving environmental, natural resource, and public lands conflicts. The Institute is part of the Morris K. Udall and Stewart L. Udall Foundation and serves as an impartial, nonpartisan institution providing professional expertise, services, and resources to all parties involved in such disputes. The Institute helps parties determine whether collaborative problem solving is appropriate for specific environmental conflicts, how and when to bring all the parties together for discussion, and whether a third-party facilitator or mediator might be helpful in assisting the parties in their efforts to reach consensus or to resolve the conflict. In addition, the Institute maintains a roster of qualified facilitators and mediators with substantial experience in environmental conflict resolution and can help parties in selecting an appropriate neutral professional.

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $3,200,000 for the Environmental Dispute Resolution Fund.

National Archives and Records Administration

The National Archives and Records Administration [NARA] is the national recordkeeper, managing the Government's archives and records, and operating the Presidential libraries. NARA is an independent agency created by statute in 1934 and tasked with the unique mission to identify, access, protect, preserve, and make available for use the important documents and records of all three branches of the Federal Government. NARA administers the Information Security Oversight Office and is the publisher of the Federal Register. In addition, NARA is charged with additional responsibilities including mediating Freedom of Information Act disputes and coordinating controlled unclassified information.

OPERATING EXPENSES

Appropriations, 2019...$373,000,000

Budget estimate, 2020...345,609,000

Committee recommendation...363,000,000

PROGRAM DESCRIPTION

This account provides for basic operations dealing with management of the Federal Government's archives and records, operation of Presidential libraries, review for declassification of classified security information, and other duties.

COMMITTEE RECOMMENDATION

The Committee recommends $363,000,000 for operating expenses of the National Archives and Records Administration for fiscal year 2020. The recommendation includes $22,000,000 for the repair and alteration of the National Archives facility in College Park, Maryland and related improvements necessary to enhance the Federal Government's ability to electronically preserve, manage, and store Government records. The recommendation also includes $1,000,000 for activities required by section 3 of Public Law 115-426.

The Committee's recommendation supports initiatives to strengthen NARA's record management leadership role; address archival storage needs; continue to develop, build, and expand the IT infrastructure to conduct the business of the National Declassification Center established in Executive Order 13526; operate and maintain the Electronic Records Archive; and improve research room holdings protection.

Digitization of Records.--The Committee continues to encourage NARA to digitize and post on-line, on its own website, archival records that are relocated as a result of a facility closure. The Committee directs NARA to report, within 90 days of enactment, on its progress to digitize and preserve physical access to archival records that have been or will be relocated to another State by any facility closure occurring during fiscal years 2014 to 2019 or planned for fiscal year 2020. The report shall: (1) describe the progress that has been made to digitize and post online such records that have been moved; (2) describe NARA's digitization priorities for 2020 pertaining to any relocated archival records; and (3) include a timeline for completing the digitization and posting on-line process. The Committee further directs NARA to provide, on its Alaska Records Digitization Project website, links to all images that have been digitized by NARA and by other entities. The Committee further directs NARA to maintain as part of its digitization plan those records identified by stakeholders from the date the records were originally relocated to the present, inclusive, except for those individual documents that size, condition, or content with personally identifiable information make impossible to digitize or post online at this time. The Committee further directs NARA to give due consideration and appropriate adjudication, within the limits of the Federal Records Act and all applicable laws, of any request to review archival records that are relocated as a result of a facility closure, to determine whether those records continue to require permanent preservation in the National Archives.

Recordkeeping.--The Committee remains concerned about the ability of Federal agencies to effectively manage email and other electronic Federal records so that essential records are available when required by Congress in order to fulfill its oversight responsibilities. The executive branch must assure the American public that records documenting Government decisions and actions are retained for the appropriate time period and can be retrieved and provided to Congress in a timely manner and as required by law. The Presidential and Federal Records Act Amendments of 2014 (Public Law 113-187) modernized the Federal records management statutes to include emails and electronic records and to reinforce that the executive branch must manage these records with greater care and stewardship than what has been observed in recent months and years.

The Committee notes that NARA has made significant progress in issuing guidance directing executive branch agencies to manage electronic Federal records, including email records, as required by law. The Committee expects NARA to incorporate email recordkeeping standards into its inspections of other agencies' records management programs, with special emphasis on personal and alias email accounts used for conducting official business. The Committee also notes that NARA has received additional resources to increase oversight over executive branch compliance with Federal recordkeeping laws. The Committee directs NARA to continue to place a high priority on its recordkeeping oversight mission and to report to the Committees on Appropriations of the House of Representatives and the Senate, the House Committee on Oversight and Reform, and the Senate Committee on Homeland Security and Governmental Affairs any instances of substantial non-compliance by executive agencies or significant risk to Federal records that are identified in the course of NARA oversight activities.

Continues with Part 5 of

TARGETED NEWS SERVICE, Harwood Place, Springfield, Virginia, USA: Myron Struck, editor; 703/304-1897; [email protected]; https://targetednews.com