H.R. 3170: Financial Services and General Government Appropriations Act, 2010

H.R. 3170

Financial Services and General Government Appropriations Act, 2010

Sponsor
Rep. José E. Serrano

Date
July 16, 2009 (111th Congress, 1st Session)

Staff Contact
Communications

Floor Situation

The House is scheduled to begin consideration of H.R. 3170, the Financial Services and General Government Appropriations Act for FY 2010, on Thursday, July 16, 2009, under a structured rule making 17 amendments in order. A complete summary of the amendments can be found at the bottom of this document.

Bill Summary

Financial Services and General Government Spending in Millions

 

FY 2009

President's Request

H.R. 3170

H.R. 3170 vs. FY 2009

H.R. 3170 vs. Request

Appropriation

22,758

24,228

24,150

1,392

-78

Emergency Spending

7,024

0

0

7,024

0

Total

29,782

24,228

24,150

-5,632

-78

H.R. 3170 contains a total of $24.1 billion in discretionary spending, an increase of $1.4 billion or 6 percent above the non-emergency discretionary spending level for FY 2009.  Agencies receiving funding from the Financial Services and General Government appropriation already received an additional $7 billion in emergency spending, primarily from the "stimulus" bill, giving these agencies $29.7 billion in FY 2009.

H.R. 3170 provides funding for the Department of the Treasury, the White House, the Supreme Court, the District of Columbia (D.C.), the U.S. court system, the Federal Trade Commission, the General Services Administration, and the Small Business Administration.  The spending increases in H.R. 3170 would contribute to an overall total FY 2010 discretionary spending level of $1.09 trillion or 7.6 percent over FY 2009.  From FY 2007 to FY 2009 non-defense spending has increased 85 percent.

The Financial Services appropriations bill has historically included a restriction on government (both federal and D.C.) funded abortions in the District of Columbia, known as the Dornan amendment.  The language of the abortion funding provision has been rendered ineffective by lifting the restriction on local D.C. funds to be used to pay for abortions in the District, without any limitations.  Since Congress appropriates both federal and local funds, this change would mean that taxpayer funds could be used for abortions.  As a result, numerous pro-life and pro-family groups are scoring final passage of the legislation.  A list of all the groups scoring the bill, as well as a more in depth analysis of the bill's social concerns can be found below.

The following is a summary of the spending highlights and other provisions in the bill.

TITLE I-Department of Treasury

TARP:  Requires the Secretary of Treasury to report to the Committee on Appropriations by December 1, 2009, on any plans for Treasury to extend the period of making new TARP commitments after 2009, any plans other than TARP to expose taxpayers to additional financial loss, and any plans to ensure taxpayers recoup their investments in TARP, Government-sponsored Enterprises (GSEs), and any other investments of taxpayer funds aimed at ensuring economic and financial stability.

Tax Code Carbon Audit:  Provides $1.5 million for the Tax Code Carbon Audit, which directs the Secretary of Treasury to "enter into an agreement with the National Academy of Sciences to undertake a comprehensive review of the Internal Revenue Code of 1986 to identify the types of and specific tax provisions that have the largest effects on carbon and other greenhouse gas emissions and to estimate the magnitude of those effects."

IRS:  Provides $12.1 billion for the Internal Revenue Service (IRS), an increase of $527 million or 4.5 percent over FY 2009.  The increased appropriation includes $5.5 billion in IRS enforcement.

TITLE II-Executive Office of the president

Executive Offices:  Provides $727 million for the Executive Offices of the President, an increase of $26 million or 3.6 percent over FY 2009.  The appropriation is $149 million below the President's request.

Office of National Drug Control:  Provides $407 million for the Office of National Drug Control, a decrease of $30 million or 7 percent below FY 2009.

TITLE III-The Judiciary

Court of Appeals and District Courts:  Provides $6.5 billion for the operations of the Courts of Appeals, District Courts, Bankruptcy Courts, and the Court of Federal Claims, an increase of $432 million or 7 percent above FY 2009.

Title IV-District of Columbia

Taxpayer Funded Abortions:  Lifts the restriction on local D.C. funds being used to pay for abortions in the District, rendering the language of this abortion funding provision ineffective.  Historically, the Financial Services Appropriations bill has included a restriction on government (both federal and D.C.) funded abortion in the District of Columbia, known as the Dornan amendment.  Since Congress appropriates both federal and local funds, this change will mean that taxpayer funds could be used for abortion. 

During the full Committee markup, Reps. Tiahrt (R-KS) and Davis (D-TN) offered an amendment to reinstate the original Dornan amendment language, but it was defeated. 

This provision concerns numerous pro-life groups who are scoring the legislation, including the following groups (this list is not exhaustive): National Right to Life, Family Research Council, Concerned Women for America, and Eagle Forum.  These groups view a vote in favor of this legislation as a vote in favor of taxpayer funded abortion.

D.C. School Choice:  The D.C. School Choice Incentive Act of 2003 established the first federally funded private school voucher program in the United States, providing scholarships of up to $7,500 for low-income residents of D.C. to send their children to local participating schools.  The FY 2009 Omnibus Appropriations bill terminated the program at the conclusion of the 2009-2010 school year with the caveat that it could continue if Congress and the D.C. City Council reauthorize the program.  President Obama included funding in his FY 2010 Budget exclusively for students currently in the program, denying siblings and other students attending D.C. public schools the opportunity to receive scholarships.  H.R. 3170 includes $12.2 million for existing scholarship recipients. 

During the full Committee markup of H.R. 3170,  Rep. Frelinghuysen (R-NJ) offered two amendments to: 1) increase the funding to $14 million and strike the limiting language (limiting money to current recipients); and 2) increase funding to $14 million and insert "siblings" as recipients of DC opportunity scholarships.  Unfortunately, these amendments were defeated.

Needle Exchange:  Removes the ban on the use of federal funds for needle exchange programs in D.C.  Needle exchange programs are offered to give drug users an incentive to properly dispose of used hypodermic needles, by exchanging them for new, clean needles.  Since FY 1999, a prohibition of federal funds for needle exchange programs has been in place. 

During Committee markup, Rep. Kingston (R-GA) offered an amendment to prohibit the use of federal and local D.C. funds for needle exchange programs that operate within 1,000 feet of a school, pool, playground, daycare center, or other locations that cater to youth and children.  The amendment was accepted by the Committee by voice vote, however some Members may still be concerned that the bill lifts the prohibition on the use of most federal funds for programs that encourage illegal drug use. 

Domestic Partnerships:  H.R. 3170 removes the ban on the use of federal funds for domestic partnership benefits in D.C.  Since FY 2001, a provision has been included ensuring that no federal funds can be used to provide employment, health, or governmental benefits to unmarried domestic partners.  Prior to FY 2001, a ban on all funds, both federal and local, applied to domestic partnership benefits.  The language in this bill represents a departure from previous policy regarding the use of federal funds for domestic partnerships.

Medical Marijuana:  Removes the ban on legalizing marijuana in D.C.  Since FY 1999, the Financial Service Appropriations Act has included a provision that prohibited the use of any funds to implement a medical marijuana ballot initiative to legalize marijuana.

Funding Priorities:  Eliminates funding for the D.C. School Reform account while providing new funding for programs that received no appropriations in FY 2009, including $2 million for the D.C. National Guard, $19 million in federal payments for D.C.'s "Housing First" homelessness program, and $5 million for the "Reconnecting Disconnected Youth Initiative."

Title V-independent agencies

Federal Trade Commission:  Provides $170 million for the Federal Trade Commission, an increase of $100 million or 143 percent above FY 2009.

Small Business Administration:  Provides $849 million for the Small Business Administration (SBA), an increase of $235 million or 38 percent above FY 2009.  The SBA already received $730 million in FY 2009 in emergency appropriations, primarily through the "stimulus."  The total combined spending for the SBA was $1.3 billion in FY2009.

Other Provisions

Auto Dealership Agreements:  Prohibits funds from being made available for the government to obtain a financial interest in an automobile manufacturer that deprives an auto dealer its rights under a dealership agreement that was valid and existing before a chapter 11 bankruptcy case commenced.  The bill also requires any auto manufacturer that the government has a financial or ownership interest in to restore the dealership agreements that were terminated.  In effect, this provision would force Chrysler and General Motors to restore franchise agreements that were broken in bankruptcy proceedings or terminated by automakers.

Advanced Appropriations:  Provides $82 million in advanced appropriations for the Postal Service Fund.  Advanced appropriations count against the budget cap for the year in which they become available, but not in the year the appropriation is made.  As such, advanced appropriations are often employed as a budgetary "gimmick" to hide dramatic increases in spending in later years.

Outside Organizations: As a result of the numerous social values concerns in the bill, a large number of outside organizations are opposing and/or scoring final passage of H.R. 3170 as follows.

Scoring against final passage:

  • National Right to Life Committee.
  • Family Research Council.
  • Focus on the Family.
  • Concerned Women for America.
  • Eagle Forum.
  • Americans United for Life.
  • Democrats for Life.

Opposing final passage:

  • US Conference of Catholic Bishops.
  • Southern Baptist Ethics & Religious Liberty Commission.

Earmarks:  H.R. 3170 contains over 150 earmarks, which can be found in the Committee Report that accompanies the bill.

Cost :  According to the CBO, H.R. 3170 would appropriate $24.15 billion in discretionary funding for FY 2010.

H.R. 3170 Spending in Thousands

(Please note that the FY 2009 spending levels are based on regularly appropriated funding levels and do not reflect emergency spending.  Some scoring methods have based FY 2009 funding on appropriated levels combined with emergency spending.)

Program

FY 2009

H.R. 3170

FY 2009 vs. H.R. 3170

Change

Department of the Treasury

12,685,318

13,443,868

758,550

6.0%

Salaries and Expenses

278,870

303,388

24,518

8.8%

Inspector General

26,125

29,700

3,575

13.7%

Inspector General for Tax Administration

146,083

149,000

2,917

2.0%

Financial Crimes Enforcement Network

91,465

102,760

11,295

12.3%

Financial Management Service

239,785

244,132

4,347

1.8%

Bureau of the Public Debt

177,352

182,244

4,892

2.8%

Internal Revenue Service

11,602,598

12,130,000

527,402

4.5%

 

 

 

 

 

Executive Office of the President

727,583

753,964

26,381

3.6%

White House

190,278

207,818

17,540

9.2%

Office of National Drug Control

438,900

407,975

-30,925

-7.0%

 

 

 

 

 

Judiciary

6,075,216

6,512,818

437,602

7.2%

Supreme Court Salaries and Expenses

69,777

74,034

4,257

6.1%

Supreme Court Building and Grounds

18,447

14,525

-3,922

-21.3%

U.S. Court of Appeals

30,384

33,577

3,193

10.5%

U.S. Court of International Trade

19,605

21,350

1,745

8.9%

Courts of Appeals and District Courts

6,156,086

6,588,464

432,378

7.0%

Judicial Retirement Funds

76,140

82,374

6,234

8.2%

Sentencing Commission

16,225

16,837

612

3.8%

 

 

 

 

 

District of Columbia

742,360

768,319

25,959

3.5%

D.C. Courts

248,409

268,920

20,511

8.3%

D.C. Water and Sewer

16,000

20,400

4,400

27.5%

D.C. School Improvement

54,000

20,000

-34,000

-63.0%

D.C. School Reform

20,000

0

-20,000

-100.0%

Housing for the Homeless

0

19,200

19,200

N/A

D.C. Youth Services

0

5,000

5,000

N/A

 

 

 

 

 

Independent Agencies

3,667,491

4,179,528

512,037

14.0%

Election Assistance Commission

123,959

123,959

0

0.0%

Federal Trade Commission

70,200

170,700

100,500

143.2%

General Services Administration

577,170

578,342

1,172

0.2%

National Archives

447,435

457,000

9,565

2.1%

Office of Personnel Management

231,494

234,784

3,290

1.4%

Securities and Exchange Commission

894,356

1,025,780

131,424

14.7%

Small Business Administration

612,280

847,987

235,707

38.5%

U.S. Postal Service

351,187

362,725

11,538

3.3%

 

 

 

 

 

Total

22,758,000

24,150,000

1,392,000

6.1%

 

 

Amendments

H.R. 3170 is being considered under a structured rule (H.Res. 644).  Each amendment is debatable for ten minutes.  The rule also allows the chair to reduce vote lengths to two minutes and prohibits demands for a division of the question.  Under the rule, only the Chairman of the Appropriations Committee may make a motion to rise and motions to strike the last word are prohibited.

Following their decision to shut down the amendment process, the Democrats are allowing only 17 of the 97 amendments, many of which were designed to limit spending, to be made in order under the rule.

Amendments Made in Order

1) Rep. Serrano (D-NY):   Prohibits the use of funds for first-class travel for employees of agencies funded by the bill and makes a number of funding adjustments as follows.

  • Increases funding for the Consumer Product Safety Commission (CPSC) by $4.8 million to the authorized level of $118 million.
  • Reduces funding for the GSA Federal Buildings Fund by $5.1 million.
  • Increases the National Credit Union Administration's Community Development Revolving Loan Fund by $250,000.

2) Rep. Paulsen (R-MN):  Increases the appropriation for Department of Treasury's Financial Crimes Enforcement Network by $15 million and reduces funds from the GSA's rental account by the same amount.

3) Rep. Price (R-GA):  Removes all $4.2 million in funding for the President's Council of Economic Advisers.

4) Rep. Emerson (R-MO):  Reduces funding for the Help America Vote Act Election Reform Programs by $50 million, from $100 million to $50 million.  The programs provide funds to States to replace punch card voting systems.

5) Rep. Blackburn (R-TN):  Reduces overall appropriations for the bill by 5 percent.

6) Rep. Broun (R-GA):  Prohibits funding made available in this bill from paying the salaries of the Assistant to the President on Energy and Climate Change, the Deputy Assistant to the President on Energy and Climate Change, or any position in the Council on Environmental Quality.

7) Rep. Flake (R-AZ):  Prohibits funds from being used for an earmark for the small business incubator project of the University of West Georgia in Carrollton, Georgia, and reduces the overall amount of the appropriation by $100,000.

8)  Rep. Flake (R-AZ):  Prohibits funds from being used for an earmark for the Commercial Driver Training Institute project of Arkansas State University in Newport, Arkansas, and reduces the overall amount of the appropriation by $200,000.

9) Rep. Flake (R-AZ)Prohibits funds from being used for an earmark for the Proof of Concept Center of Idaho TechConnect, Inc., in Nampa, Idaho, and reduces the overall amount of the appropriation by $285,000.

10) Rep. Flake (R-AZ)Prohibits funds from being used for an earmark for the Greenstone Group project of the Northeast Entrepreneur Fund in Virginia, Minnesota, and reduces the overall amount of the appropriation by $200,000.

11) Rep. Flake (R-AZ)Prohibits funds from being used for an earmark for the Green Business Incubator project of Montgomery County, Maryland, and reduces the overall amount of the appropriation by $150,000.

12) Rep. Flake (R-AZ)Prohibits funds from being used for an earmark for the Activity Based Total Accountability project of the Florida Institute of Technology in Melbourne, Florida, and reduces the overall amount of the appropriation by $100,000.

13) Rep. Flake (R-AZ)Prohibits funds from being used for an earmark for Commercial Kitchen Business Incubator project of the El Pajaro Community Development Corporation in Watsonville, California, and reduces the overall amount of the appropriation by $90,000.

14) Rep. Flake (R-AZ)Prohibits funds from being used for an earmark for the Defense Procurement Assistance Program of the Economic Growth Connection of Westmoreland in Greensburg, Pennsylvania, and reduces the overall amount of the appropriation by $125,000.

15) Rep. Flake (R-AZ)Prohibits funds from being used for an earmark for the Myrtle Beach International Trade and Conference Center of the City of Myrtle Beach, South California, and reduces the overall amount of the appropriation by $100,000.

16) Rep. Flake (R-AZ)Prohibits funds from being used for an earmark for the Tech Belt Life Sciences Greenhouse project of the Pittsburgh Life Sciences Greenhouse in Pittsburgh, Pennsylvania, and reduces the overall amount of the appropriation by $100,000.

17) Rep. Flake (R-AZ)Prohibits funds from being used for an earmark for infrastructure and expansion projects to promote small business of the City of Loma Linda and the city of Grand Terrace, California, and reduces the overall amount of the appropriation by $900,000.