[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3677 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 497
111th CONGRESS
  2d Session
                                S. 3677

                          [Report No. 111-238]

Making appropriations for financial services and general government for 
   the fiscal year ending September 30, 2011, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 29, 2010

    Mr. Durbin, from the Committee on Appropriations, reported the 
    following original bill; which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 A BILL


 
Making appropriations for financial services and general government for 
   the fiscal year ending September 30, 2011, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for financial services and general government for the 
fiscal year ending September 30, 2011, and for other purposes, namely:

                                TITLE I

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices

                         salaries and expenses

                     (including transfers of funds)

    For necessary expenses of the Departmental Offices including 
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, when necessary for the performance of 
official business, $334,900,000, of which not to exceed $35,587,000 is 
for executive direction program activities; not to exceed $68,362,000 
is for economic policies and programs activities, including $1,000,000 
that shall be transferred to the National Academy of Sciences for a 
study by the Board on Mathematical Sciences and Their Applications on 
the long-term economic effects of the aging population in the United 
States, to remain available until September 30, 2012; not to exceed 
$84,912,000 is for financial policies and programs activities; not to 
exceed $102,613,000 is for terrorism and financial intelligence 
activities; and not to exceed $43,426,000 is for Treasury-wide 
management policies and programs activities: Provided, That the 
Secretary of the Treasury is authorized to transfer funds appropriated 
for any program activity of the Departmental Offices to any other 
program activity of the Departmental Offices upon notification to the 
House and Senate Committees on Appropriations: Provided further, That 
no appropriation for any program activity shall be increased or 
decreased by more than 4 percent by all such transfers: Provided 
further, That any change in funding greater than 4 percent shall be 
submitted for approval to the House and Senate Committees on 
Appropriations: Provided further, That of the amount appropriated under 
this heading, not to exceed $3,000,000, to remain available until 
September 30, 2012, is for information technology modernization 
requirements; not to exceed $200,000 is for official reception and 
representation expenses; $400,000 is to support increased international 
representation commitments of the Secretary; and not to exceed $258,000 
is for unforeseen emergencies of a confidential nature, to be allocated 
and expended under the direction of the Secretary of the Treasury and 
to be accounted for solely on his certificate: Provided further, That 
of the amount appropriated under this heading, $6,787,000, to remain 
available until September 30, 2012, is for the Treasury-wide Financial 
Statement Audit and Internal Control Program, of which such amounts as 
may be necessary may be transferred to accounts of the Department's 
offices and bureaus to conduct audits: Provided further, That this 
transfer authority shall be in addition to any other provided in this 
Act: Provided further, That of the amount appropriated under this 
heading, $500,000, to remain available until September 30, 2012, is for 
secure space requirements: Provided further, That of the amount 
appropriated under this heading, $1,100,000, to remain available until 
September 30, 2012, is for salary and benefits for hiring of personnel 
whose work will require completion of a security clearance 
investigation in order to perform highly classified work to further the 
activities of the Office of Terrorism and Financial Intelligence: 
Provided further, That of the amount appropriated under this heading, 
up to $3,400,000, to remain available until September 30, 2013, is to 
develop and implement programs within the Office of Critical 
Infrastructure Protection and Compliance Policy, including entering 
into cooperative agreements: Provided further, That of the amount 
appropriated under this heading, $3,000,000, to remain available until 
September 30, 2013, is for modernizing the Office of Debt Management's 
information technology: Provided further, That notwithstanding any 
other provision of law, up to $1,000,000, may be contributed to the 
Global Forum on Transparency and Exchange of Information for Tax 
Purposes, a Part II Program of the Organization for Economic 
Cooperation and Development (OECD), to cover the cost assessed by that 
organization for Treasury's participation therein, and to the Forum on 
Tax Administration of the OECD in which the Internal Revenue Service 
participates, to support the work of that forum to improve global tax 
administration: Provided further, That of the amount appropriated under 
this heading, $2,500,000 shall be to supplement and not supplant 
training, recruitment, retention, and hiring additional members of the 
acquisition workforce as defined by the Office of Federal Procurement 
Policy Act, as amended (41 U.S.C. 401 et seq.) and for information 
technology in support of acquisition workforce effectiveness and 
management.

        department-wide systems and capital investments programs

                     (including transfer of funds)

    For development and acquisition of automatic data processing 
equipment, software, and services for the Department of the Treasury, 
$13,000,000, to remain available until September 30, 2013: Provided, 
That these funds shall be transferred to accounts and in amounts as 
necessary to satisfy the requirements of the Department's offices, 
bureaus, and other organizations: Provided further, That this transfer 
authority shall be in addition to any other transfer authority provided 
in this Act: Provided further, That none of the funds appropriated 
under this heading shall be used to support or supplement ``Internal 
Revenue Service, Operations Support'' or ``Internal Revenue Service, 
Business Systems Modernization''.

                      office of inspector general

                         salaries and expenses

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$33,269,000, of which not to exceed $2,000,000 shall be available for 
official travel expenses, including hire of passenger motor vehicles; 
of which not to exceed $100,000 shall be available for unforeseen 
emergencies of a confidential nature, to be allocated and expended 
under the direction of the Inspector General of the Treasury; and of 
which not to exceed $2,500 shall be available for official reception 
and representation expenses.

           treasury inspector general for tax administration

                         salaries and expenses

    For necessary expenses of the Treasury Inspector General for Tax 
Administration in carrying out the Inspector General Act of 1978, 
including purchase (not to exceed 150 for replacement only for police-
type use) and hire of passenger motor vehicles (31 U.S.C. 1343(b)); 
services authorized by 5 U.S.C. 3109, at such rates as may be 
determined by the Inspector General for Tax Administration; 
$155,452,000, of which not to exceed $6,000,000 shall be available for 
official travel expenses; of which not to exceed $500,000 shall be 
available for unforeseen emergencies of a confidential nature, to be 
allocated and expended under the direction of the Inspector General for 
Tax Administration; and of which not to exceed $1,500 shall be 
available for official reception and representation expenses.

    special inspector general for the troubled asset relief program

                         salaries and expenses

    For necessary expenses of the Office of the Special Inspector 
General in carrying out the provisions of the Emergency Economic 
Stabilization Act of 2008 (Public Law 110-343), $49,600,000.

                  Financial Crimes Enforcement Network

                         salaries and expenses

    For necessary expenses of the Financial Crimes Enforcement Network, 
including hire of passenger motor vehicles; travel and training 
expenses, including for course development, of non-Federal and foreign 
government personnel to attend meetings and training concerned with 
domestic and foreign financial intelligence activities, law 
enforcement, and financial regulation; not to exceed $14,000 for 
official reception and representation expenses; and for assistance to 
Federal law enforcement agencies, with or without reimbursement, 
$121,669,000, of which not to exceed $45,835,000 shall remain available 
until September 30, 2013: Provided, That funds appropriated in this 
account may be used to procure personal services contracts.

                        Treasury Forfeiture Fund

                              (rescission)

    Of the unobligated balances available under this heading, 
$81,750,000 are rescinded.

                      Financial Management Service

                         salaries and expenses

    For necessary expenses of the Financial Management Service, 
$235,253,000, of which not to exceed $9,220,000 shall remain available 
until September 30, 2012, for information systems modernization 
initiatives; and of which not to exceed $2,500 shall be available for 
official reception and representation expenses.

                Alcohol and Tobacco Tax and Trade Bureau

                         salaries and expenses

    For necessary expenses of carrying out section 1111 of the Homeland 
Security Act of 2002, including hire of passenger motor vehicles, 
$101,000,000; of which not to exceed $6,000 for official reception and 
representation expenses; not to exceed $50,000 for cooperative research 
and development programs for laboratory services; and provision of 
laboratory assistance to State and local agencies with or without 
reimbursement.

                           United States Mint

               united states mint public enterprise fund

    Pursuant to section 5136 of title 31, United States Code, the 
United States Mint is provided funding through the United States Mint 
Public Enterprise Fund for costs associated with the production of 
circulating coins, numismatic coins, and protective services, including 
both operating expenses and capital investments. The aggregate amount 
of new liabilities and obligations incurred during fiscal year 2010 
under such section 5136 for circulating coinage and protective service 
capital investments of the United States Mint shall not exceed 
$25,000,000.

                       Bureau of the Public Debt

                     administering the public debt

    For necessary expenses connected with any public-debt issues of the 
United States, $185,985,000, of which not to exceed $2,500 shall be 
available for official reception and representation expenses, and of 
which not to exceed $2,000,000 shall remain available until September 
30, 2013, for systems modernization: Provided, That the sum 
appropriated herein from the general fund for fiscal year 2011 shall be 
reduced by not more than $10,000,000 as definitive security issue fees 
and Legacy Treasury Direct Investor Account Maintenance fees are 
collected, so as to result in a final fiscal year 2011 appropriation 
from the general fund estimated at $175,985,000. In addition, $110,000 
to be derived from the Oil Spill Liability Trust Fund to reimburse the 
Bureau for administrative and personnel expenses for financial 
management of the Fund, as authorized by section 1012 of Public Law 
101-380.

   Community Development Financial Institutions Fund Program Account

    To carry out the Community Development Banking and Financial 
Institutions Act of 1994 (Public Law 103-325), including services 
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed 
the per diem rate equivalent to the rate for ES-3, notwithstanding 
sections 4707(d) and 4707(e) of title 12, United States Code, 
$302,400,000, to remain available until September 30, 2011; of which 
$12,000,000 shall be for financial assistance, technical assistance, 
training and outreach programs, designed to benefit Native American, 
Native Hawaiian, and Alaskan Native communities and provided primarily 
through qualified community development lender organizations with 
experience and expertise in community development banking and lending 
in Indian country, Native American organizations, tribes and tribal 
organizations and other suitable providers; of which, notwithstanding 
sections 4707(d) and 4707(e) of title 12, United States Code, up to 
$25,000,000 shall be for a Healthy Food Financing Initiative to provide 
grants and loans to community development financial institutions for 
the purpose of offering affordable financing and technical assistance 
to expand the availability of healthy food options in distressed 
communities; of which up to $52,400,000 shall be for initiatives 
designed to enable individuals with low or moderate income levels to 
establish bank accounts and to improve access to the provision of bank 
accounts as authorized by sections 1204 and 1205 of Public Law 111-203, 
of which not less than $2,400,000 shall be for an eligible entity 
located in the State of Hawaii; of which up to $7,500,000 shall be for 
grants to establish loan-loss reserve funds to defray the costs of 
small dollar loan program authorized by section 1206 of Public Law 111-
203; and of which up to $28,000,000 may be used for administrative 
expenses, including administration of the New Markets Tax Credit.

                        Internal Revenue Service

                           taxpayer services

    For necessary expenses of the Internal Revenue Service to provide 
taxpayer services, including pre-filing assistance and education, 
filing and account services, taxpayer advocacy services, and other 
services as authorized by 5 U.S.C. 3109, at such rates as may be 
determined by the Commissioner, $2,331,468,000, of which not less than 
$6,100,000 shall be for the Tax Counseling for the Elderly Program, of 
which not less than $10,000,000 shall be available for low-income 
taxpayer clinic grants, of which not less than $14,000,000, to remain 
available until September 30, 2012, shall be available for a Community 
Volunteer Income Tax Assistance matching grants demonstration program 
for tax return preparation assistance, and of which not less than 
$212,888,178 shall be available for operating expenses of the Taxpayer 
Advocate Service.

                              enforcement

                     (including transfer of funds)

    For necessary expenses for tax enforcement activities of the 
Internal Revenue Service to determine and collect owed taxes, to 
provide legal and litigation support, to conduct criminal 
investigations, to enforce criminal statutes related to violations of 
internal revenue laws and other financial crimes, to purchase (for 
police-type use, not to exceed 850) and hire passenger motor vehicles 
(31 U.S.C. 1343(b)), and to provide other services as authorized by 5 
U.S.C. 3109, at such rates as may be determined by the Commissioner, 
$5,682,880,000, of which not less than $60,257,000 shall be for the 
Interagency Crime and Drug Enforcement program: Provided, That up to 
$10,000,000 may be transferred as necessary from this account to 
``Operations Support'' solely for the purposes of the Interagency Crime 
and Drug Enforcement program: Provided further, That this transfer 
authority shall be in addition to any other transfer authority provided 
in this Act.

                           operations support

    For necessary expenses of the Internal Revenue Service to support 
taxpayer services and enforcement programs, including rent payments; 
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; the hire of 
passenger motor vehicles (31 U.S.C. 1343(b)); and other services as 
authorized by 5 U.S.C. 3109, at such rates as may be determined by the 
Commissioner; $4,088,000,000, of which up to $75,000,000 shall remain 
available until September 30, 2012, for information technology support; 
of which up to $65,000,000 shall remain available until expended for 
acquisition of real property, equipment, construction and renovation of 
facilities; of which not to exceed $1,000,000 shall remain available 
until September 30, 2013, for research; of which not less than 
$2,000,000 shall be for the Internal Revenue Service Oversight Board; 
of which not to exceed $25,000 shall be for official reception and 
representation: Provided, That of the amounts provided under this 
heading, such sums as are necessary shall be available to fully support 
tax enforcement activities.

                     business systems modernization

    For necessary expenses of the Internal Revenue Service's business 
systems modernization program, $386,908,000, to remain available until 
September 30, 2013, for the capital asset acquisition of information 
technology systems, including management and related contractual costs 
of said acquisitions, including related Internal Revenue Service labor 
costs, and contractual costs associated with operations authorized by 5 
U.S.C. 3109: Provided, That, with the exception of labor costs, none of 
these funds may be obligated until the Internal Revenue Service submits 
to the Committees on Appropriations, and such Committees approve, a 
plan for expenditure that: (1) meets the capital planning and 
investment control review requirements established by the Office of 
Management and Budget, including Circular A-11; (2) complies with the 
Internal Revenue Service's enterprise architecture, including the 
modernization blueprint; (3) conforms with the Internal Revenue 
Service's enterprise life cycle methodology; (4) is approved by the 
Internal Revenue Service, the Department of the Treasury, and the 
Office of Management and Budget; (5) has been reviewed by the 
Government Accountability Office; and (6) complies with the acquisition 
rules, requirements, guidelines, and systems acquisition management 
practices of the Federal Government.

               health insurance tax credit administration

    For expenses necessary to implement the health insurance tax credit 
included in the Trade Act of 2002 (Public Law 107-210), $18,987,000.

          administrative provisions--internal revenue service

                     (including transfer of funds)

    Sec. 101.  Not to exceed 5 percent of any appropriation made 
available in this Act to the Internal Revenue Service or not to exceed 
3 percent of appropriations under the heading ``Enforcement'' may be 
transferred to any other Internal Revenue Service appropriation upon 
the advance approval of the Committees on Appropriations.
    Sec. 102.  The Internal Revenue Service shall maintain a training 
program to ensure that Internal Revenue Service employees are trained 
in taxpayers' rights, in dealing courteously with taxpayers, and in 
cross-cultural relations.
    Sec. 103.  The Internal Revenue Service shall institute and enforce 
policies and procedures that will safeguard the confidentiality of 
taxpayer information.
    Sec. 104.  Funds made available by this or any other Act to the 
Internal Revenue Service shall be available for improved facilities and 
increased staffing to provide sufficient and effective 1-800 help line 
service for taxpayers. The Commissioner shall continue to make the 
improvement of the Internal Revenue Service 1-800 help line service a 
priority and allocate resources necessary to increase phone lines and 
staff to improve the Internal Revenue Service 1-800 help line service.
    Sec. 105.  None of the funds made available in this Act may be used 
to enter into, renew, extend, administer, implement, enforce, or 
provide oversight of any qualified tax collection contract (as defined 
in section 6306 of the Internal Revenue Code of 1986).

         Administrative Provisions--Department of the Treasury

                     (including transfers of funds)

    Sec. 107.  Appropriations to the Department of the Treasury in this 
Act shall be available for uniforms or allowances therefor, as 
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and 
cleaning; purchase of insurance for official motor vehicles operated in 
foreign countries; purchase of motor vehicles without regard to the 
general purchase price limitations for vehicles purchased and used 
overseas for the current fiscal year; entering into contracts with the 
Department of State for the furnishing of health and medical services 
to employees and their dependents serving in foreign countries; and 
services authorized by 5 U.S.C. 3109.
    Sec. 108.  Not to exceed 2 percent of any appropriations in this 
Act made available to the Departmental Offices--Salaries and Expenses, 
Office of Inspector General, Special Inspector General for the Troubled 
Asset Relief Program, Financial Management Service, Alcohol and Tobacco 
Tax and Trade Bureau, Financial Crimes Enforcement Network, and Bureau 
of the Public Debt, may be transferred between such appropriations upon 
the advance approval of the Committees on Appropriations: Provided, 
That no transfer may increase or decrease any such appropriation by 
more than 2 percent.
    Sec. 109.  Not to exceed 2 percent of any appropriation made 
available in this Act to the Internal Revenue Service may be 
transferred to the Treasury Inspector General for Tax Administration's 
appropriation upon the advance approval of the Committees on 
Appropriations: Provided, That no transfer may increase or decrease any 
such appropriation by more than 2 percent.
    Sec. 110.  Of the funds available for the purchase of law 
enforcement vehicles, no funds may be obligated until the Secretary of 
the Treasury certifies that the purchase by the respective Treasury 
bureau is consistent with departmental vehicle management principles: 
Provided, That the Secretary may delegate this authority to the 
Assistant Secretary for Management.
    Sec. 111.  None of the funds appropriated in this Act or otherwise 
available to the Department of the Treasury or the Bureau of Engraving 
and Printing may be used to redesign the $1 Federal Reserve note.
    Sec. 112.  The Secretary of the Treasury may transfer funds from 
Financial Management Service, Salaries and Expenses to the Debt 
Collection Fund as necessary to cover the costs of debt collection: 
Provided, That such amounts shall be reimbursed to such salaries and 
expenses account from debt collections received in the Debt Collection 
Fund.
    Sec. 113.  Section 122(g)(1) of Public Law 105-119 (5 U.S.C. 3104 
note), is further amended by striking ``12 years'' and inserting ``13 
years''.
    Sec. 114.  None of the funds appropriated or otherwise made 
available by this or any other Act may be used by the United States 
Mint to construct or operate any museum without the explicit approval 
of the Committees on Appropriations of the House of Representatives and 
the Senate, the House Committee on Financial Services, and the Senate 
Committee on Banking, Housing and Urban Affairs.
    Sec. 115.  None of the funds appropriated or otherwise made 
available by this or any other Act or source to the Department of the 
Treasury, the Bureau of Engraving and Printing, and the United States 
Mint, individually or collectively, may be used to consolidate any or 
all functions of the Bureau of Engraving and Printing and the United 
States Mint without the explicit approval of the House Committee on 
Financial Services; the Senate Committee on Banking, Housing, and Urban 
Affairs; the House Committee on Appropriations; and the Senate 
Committee on Appropriations.
    Sec. 116.  Funds appropriated by this Act, or made available by the 
transfer of funds in this Act, for the Department of the Treasury's 
intelligence or intelligence related activities are deemed to be 
specifically authorized by the Congress for purposes of section 504 of 
the National Security Act of 1947 (50 U.S.C. 414) during fiscal year 
2011 until the enactment of the Intelligence Authorization Act for 
Fiscal Year 2011.
    Sec. 117.  Not to exceed $5,000 shall be made available from the 
Bureau of Engraving and Printing's Industrial Revolving Fund for 
necessary official reception and representation expenses.
    Sec. 118.  The Secretary of the Treasury shall notify the 
Committees on Appropriations of the Senate and the House of 
Representatives of any proposed transfer of funds available under 
subsection (g)(4)(B) of title 31 United States Code (as added by Public 
Law 102-393) from the Department of the Treasury Forfeiture Fund to any 
agency or account within the Department of the Treasury: Provided, That 
none of the funds identified for such transfer may be obligated until 
the Committees on Appropriations of the Senate and the House of 
Representatives approve the proposed transfers in writing: Provided 
further, That none of the funds identified for such transfers may be 
used to initiate or resume any project, program, or activity for which 
appropriations, funds, or other authority are not available during 
fiscal year 2011: Provided further, That none of the funds identified 
for such transfer may be used during fiscal year 2011 for any project, 
program or activity for which appropriations, funds, or other authority 
will be necessary to continue or complete such project, program, or 
activity in fiscal year 2012 or thereafter without prior notification 
of the multi-year nature and cost estimate of the project, program or 
activity and written approval of the Committees on Appropriations of 
the Senate and the House of Representatives: Provided further, That 
none of the funds identified for such transfer may be used or 
transferred to the account ``Financial Crimes Enforcement Network, 
Salaries and Expenses'' for the purpose of any large-scale information 
technology modernization project.
    Sec. 119.  The Secretary of the Treasury shall submit a Capital 
Investment Plan to the Committees on Appropriations of the Senate and 
the House of Representatives not later than 30 days following the 
submission of the annual budget for the Administration submitted by the 
President: Provided, That such Capital Investment Plan shall include 
capital investment spending from all accounts within the Department of 
the Treasury, including but not limited to the Department-wide Systems 
and Capital Investment Programs account, the Working Capital Fund 
account, and the Treasury Forfeiture Fund account: Provided further, 
That such Capital Investment Plan shall include expenditures occurring 
in previous fiscal years for each capital investment project that has 
not been fully completed.
     This title may be cited as the ``Department of the Treasury 
Appropriations Act, 2011''.

                                TITLE II

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                               PRESIDENT

                     Compensation of the President

    For compensation of the President, including an expense allowance 
at the rate of $50,000 per annum as authorized by 3 U.S.C. 102, 
$450,000: Provided, That none of the funds made available for official 
expenses shall be expended for any other purpose and any unused amount 
shall revert to the Treasury pursuant to 31 U.S.C. 1552.

                            The White House

                         salaries and expenses

    For necessary expenses for the White House as authorized by law, 
including not to exceed $3,850,000 for services as authorized by 5 
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3 
U.S.C. 105, which shall be expended and accounted for as provided in 
that section; hire of passenger motor vehicles, newspapers, 
periodicals, teletype news service, and travel (not to exceed $100,000 
to be expended and accounted for as provided by 3 U.S.C. 103); and not 
to exceed $19,000 for official entertainment expenses, to be available 
for allocation within the Executive Office of the President; and for 
necessary expenses of the Office of Policy Development, including 
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, $59,859,000, 
of which not less than $1,400,000 shall be for the Office of National 
AIDS Policy.

                 Executive Residence at the White House

                           operating expenses

    For the care, maintenance, repair and alteration, refurnishing, 
improvement, heating, and lighting, including electric power and 
fixtures, of the Executive Residence at the White House and official 
entertainment expenses of the President, $14,006,000, to be expended 
and accounted for as provided by 3 U.S.C. 105, 109, 110, and 112-114.

                         reimbursable expenses

    For the reimbursable expenses of the Executive Residence at the 
White House, such sums as may be necessary: Provided, That all 
reimbursable operating expenses of the Executive Residence shall be 
made in accordance with the provisions of this paragraph: Provided 
further, That, notwithstanding any other provision of law, such amount 
for reimbursable operating expenses shall be the exclusive authority of 
the Executive Residence to incur obligations and to receive offsetting 
collections, for such expenses: Provided further, That the Executive 
Residence shall require each person sponsoring a reimbursable political 
event to pay in advance an amount equal to the estimated cost of the 
event, and all such advance payments shall be credited to this account 
and remain available until expended: Provided further, That the 
Executive Residence shall require the national committee of the 
political party of the President to maintain on deposit $25,000, to be 
separately accounted for and available for expenses relating to 
reimbursable political events sponsored by such committee during such 
fiscal year: Provided further, That the Executive Residence shall 
ensure that a written notice of any amount owed for a reimbursable 
operating expense under this paragraph is submitted to the person owing 
such amount within 60 days after such expense is incurred, and that 
such amount is collected within 30 days after the submission of such 
notice: Provided further, That the Executive Residence shall charge 
interest and assess penalties and other charges on any such amount that 
is not reimbursed within such 30 days, in accordance with the interest 
and penalty provisions applicable to an outstanding debt on a United 
States Government claim under 31 U.S.C. 3717: Provided further, That 
each such amount that is reimbursed, and any accompanying interest and 
charges, shall be deposited in the Treasury as miscellaneous receipts: 
Provided further, That the Executive Residence shall prepare and submit 
to the Committees on Appropriations, by not later than 90 days after 
the end of the fiscal year covered by this Act, a report setting forth 
the reimbursable operating expenses of the Executive Residence during 
the preceding fiscal year, including the total amount of such expenses, 
the amount of such total that consists of reimbursable official and 
ceremonial events, the amount of such total that consists of 
reimbursable political events, and the portion of each such amount that 
has been reimbursed as of the date of the report: Provided further, 
That the Executive Residence shall maintain a system for the tracking 
of expenses related to reimbursable events within the Executive 
Residence that includes a standard for the classification of any such 
expense as political or nonpolitical: Provided further, That no 
provision of this paragraph may be construed to exempt the Executive 
Residence from any other applicable requirement of subchapter I or II 
of chapter 37 of title 31, United States Code.

                   White House Repair and Restoration

    For the repair, alteration, and improvement of the Executive 
Residence at the White House, $2,005,000, to remain available until 
expended, for required maintenance, resolution of safety and health 
issues, and continued preventative maintenance.

                      Council of Economic Advisers

                         salaries and expenses

    For necessary expenses of the Council of Economic Advisers in 
carrying out its functions under the Employment Act of 1946 (15 U.S.C. 
1021 et seq.), $4,403,000.

        National Security Council and Homeland Security Council

                         salaries and expenses

    For necessary expenses of the National Security Council and the 
Homeland Security Council, including services as authorized by 5 U.S.C. 
3109, $14,134,000.

                        Office of Administration

                         salaries and expenses

    For necessary expenses of the Office of Administration, including 
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of 
passenger motor vehicles, $115,280,000, of which $12,777,000 shall 
remain available until expended for continued modernization of the 
information technology infrastructure within the Executive Office of 
the President.

                    Office of Management and Budget

                         salaries and expenses

    For necessary expenses of the Office of Management and Budget, 
including hire of passenger motor vehicles and services as authorized 
by 5 U.S.C. 3109 and to carry out the provisions of chapter 35 of title 
44, United States Code, $94,863,000, of which not to exceed $3,000 
shall be available for official representation expenses: Provided, That 
none of the funds appropriated in this Act for the Office of Management 
and Budget may be used for the purpose of reviewing any agricultural 
marketing orders or any activities or regulations under the provisions 
of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et 
seq.): Provided further, That none of the funds made available for the 
Office of Management and Budget by this Act may be expended for the 
altering of the transcript of actual testimony of witnesses, except for 
testimony of officials of the Office of Management and Budget, before 
the Committees on Appropriations or their subcommittees: Provided 
further, That none of the funds provided in this or prior Acts shall be 
used, directly or indirectly, by the Office of Management and Budget, 
for evaluating or determining if water resource project or study 
reports submitted by the Chief of Engineers acting through the 
Secretary of the Army are in compliance with all applicable laws, 
regulations, and requirements relevant to the Civil Works water 
resource planning process: Provided further, That the Office of 
Management and Budget shall have not more than 60 days in which to 
perform budgetary policy reviews of water resource matters on which the 
Chief of Engineers has reported: Provided further, That the Director of 
the Office of Management and Budget shall notify the appropriate 
authorizing and appropriating committees when the 60-day review is 
initiated: Provided further, That if water resource reports have not 
been transmitted to the appropriate authorizing and appropriating 
committees within 15 days after the end of the Office of Management and 
Budget review period based on the notification from the Director, 
Congress shall assume Office of Management and Budget concurrence with 
the report and act accordingly.

                  Government-wide Management Councils

                     (including transfer of funds)

    Notwithstanding 31 U.S.C. 1346 and section 708 of this Act, the 
head of each Executive department and agency is hereby authorized to 
transfer to or reimburse ``General Services Administration, Government-
wide Policy'' with the approval of the Director of the Office of 
Management and Budget, funds made available for fiscal year 2011 by 
this or any other Act, including rebates from charge card and other 
contracts: Provided, That these funds shall be administered by the 
Administrator of General Services to support Government-wide and other 
multi-agency financial, information technology, procurement, and other 
management innovations, initiatives, and activities, as approved by the 
Director of the Office of Management and Budget, in consultation with 
the appropriate interagency and multi-agency groups designated by the 
Director, including the President's Management Council for overall 
management improvement initiatives, the Chief Financial Officers 
Council for financial management initiatives, the Chief Information 
Officers Council for information technology initiatives, the Chief 
Human Capital Officers Council for human capital initiatives, the Chief 
Acquisition Officers Council for procurement initiatives, and the 
Performance Improvement Council for performance improvement 
initiatives: Provided further, That the total funds transferred or 
reimbursed shall not exceed $17,000,000: Provided further, That the 
funds transferred to or for reimbursement of ``General Services 
Administration, Government-wide Policy'' during fiscal year 2011 shall 
remain available for obligation through September 30, 2012: Provided 
further, That such transfers or reimbursements may only be made 
following written approval of the Committees on Appropriations of the 
House of Representatives and the Senate.

                 Office of National Drug Control Policy

                         salaries and expenses

    For necessary expenses of the Office of National Drug Control 
Policy; for research activities pursuant to the Office of National Drug 
Control Policy Reauthorization Act of 2006 (Public Law 109-469); not to 
exceed $10,000 for official reception and representation expenses; and 
for participation in joint projects or in the provision of services on 
matters of mutual interest with nonprofit, research, or public 
organizations or agencies, with or without reimbursement, $29,000,000; 
of which $1,235,000 shall remain available until expended for policy 
research and evaluation: Provided, That the Office is authorized to 
accept, hold, administer, and utilize gifts, both real and personal, 
public and private, without fiscal year limitation, for the purpose of 
aiding or facilitating the work of the Office.

                     federal drug control programs

             high intensity drug trafficking areas program

                     (including transfers of funds)

    For necessary expenses of the Office of National Drug Control 
Policy's High Intensity Drug Trafficking Areas Program, $239,000,000, 
to remain available until September 30, 2012, for drug control 
activities consistent with the approved strategy for each of the 
designated High Intensity Drug Trafficking Areas (``HIDTAs''), of which 
not less than 51 percent shall be transferred to State and local 
entities for drug control activities and shall be obligated not later 
than 120 days after enactment of this Act: Provided, That up to 49 
percent may be transferred to Federal agencies and departments in 
amounts determined by the Director of the Office of National Drug 
Control Policy (``the Director''), of which up to $2,700,000 may be 
used for auditing services and associated activities (including up to 
$500,000 to ensure the continued operation and maintenance of the 
Performance Management System): Provided further, That, notwithstanding 
the requirements of Public Law 106-58, any unexpended funds obligated 
prior to fiscal year 2009 may be used for any other approved activities 
of that High Intensity Drug Trafficking Area, subject to reprogramming 
requirements: Provided further, That each High Intensity Drug 
Trafficking Area designated as of September 30, 2010, shall be funded 
at not less than the fiscal year 2010 base level, unless the Director 
submits to the Committees on Appropriations of the House of 
Representatives and the Senate justification for changes to those 
levels based on clearly articulated priorities and published Office of 
National Drug Control Policy performance measures of effectiveness: 
Provided further, That the Director shall notify the Committees on 
Appropriations of the initial allocation of fiscal year 2011 funding 
among HIDTAs not later than 45 days after enactment of this Act, and 
shall notify the Committees of planned uses of discretionary HIDTA 
funding, as determined in consultation with the HIDTA Directors, not 
later than 90 days after enactment of this Act.

                  other federal drug control programs

                     (including transfers of funds)

    For other drug control activities authorized by the Office of 
National Drug Control Policy Reauthorization Act of 2006 (Public Law 
109-469), $175,825,000, to remain available until expended, which shall 
be available as follows: $66,500,000 to support a national media 
campaign; $95,000,000 for the Drug-Free Communities Program, of which 
$2,000,000 shall be made available as directed by section 4 of Public 
Law 107-82, as amended by Public Law 109-469 (21 U.S.C. 1521 note); 
$1,000,000 for the National Drug Court Institute; $10,000,000 for the 
United States Anti-Doping Agency for anti-doping activities; $1,900,000 
for the United States membership dues to the World Anti-Doping Agency; 
$1,187,500 for the National Alliance for Model State Drug Laws; and 
$237,500 for evaluations and research related to National Drug Control 
Program performance measures, which may be transferred to other Federal 
departments and agencies to carry out such activities.

                          Unanticipated Needs

    For expenses necessary to enable the President to meet 
unanticipated needs, in furtherance of the national interest, security, 
or defense which may arise at home or abroad during the current fiscal 
year, as authorized by 3 U.S.C. 108, $1,000,000, to remain available 
until September 30, 2012.

   Integrated, Efficient and Effective Uses of Information Technology

                     (including transfer of funds)

    For necessary expenses for the furtherance of integrated, 
efficient, and effective uses of information technology in the Federal 
Government, including the development and operation of government-wide 
shared information technology services, the implementation of 
consolidated, resource-saving and energy-efficient platforms, and the 
development and operation of information technology security services 
and the provision of architectural expertise to promote inter-agency 
interoperability, $40,000,000, to remain available until September 30, 
2013: Provided, That the Director of the Office of Management and 
Budget may transfer these funds to one or more Federal agencies to 
carry out projects to meet these purposes: Provided further, That such 
transfers may only be made following written approval of the Committees 
on Appropriations of the House of Representatives and the Senate: 
Provided further, That the Director of the Office of Management and 
Budget shall submit a progress report to the Committees on 
Appropriations of the House of Representatives and the Senate not later 
than March 31, 2011 and semiannually thereafter until the program is 
completed, including detailed information on goals, objectives, 
performance measures, and evaluations of the program in general and of 
each specific project funded pursuant to this initiative.

                  Special Assistance to the President

                         salaries and expenses

    For necessary expenses to enable the Vice President to provide 
assistance to the President in connection with specially assigned 
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106, 
including subsistence expenses as authorized by 3 U.S.C. 106, which 
shall be expended and accounted for as provided in that section; and 
hire of passenger motor vehicles, $4,657,000.

                Official Residence of the Vice President

                           operating expenses

                     (including transfer of funds)

    For the care, operation, refurnishing, improvement, and to the 
extent not otherwise provided for, heating and lighting, including 
electric power and fixtures, of the official residence of the Vice 
President; the hire of passenger motor vehicles; and not to exceed 
$90,000 for official entertainment expenses of the Vice President, to 
be accounted for solely on his certificate, $335,000: Provided, That 
advances or repayments or transfers from this appropriation may be made 
to any department or agency for expenses of carrying out such 
activities.

Administrative Provisions--Executive Office of the President and Funds 
                     Appropriated to the President

                     (including transfers of funds)

    Sec. 201.  From funds made available in this Act under the headings 
``The White House'', ``Executive Residence at the White House'', 
``White House Repair and Restoration'', ``Council of Economic 
Advisers'', ``National Security Council and Homeland Security 
Council'', ``Office of Administration'', ``Special Assistance to the 
President'', and ``Official Residence of the Vice President'', the 
Director of the Office of Management and Budget (or such other officer 
as the President may designate in writing), may, 15 days after giving 
notice to the Committees on Appropriations of the House of 
Representatives and the Senate, transfer not to exceed 10 percent of 
any such appropriation to any other such appropriation, to be merged 
with and available for the same time and for the same purposes as the 
appropriation to which transferred: Provided, That the amount of an 
appropriation shall not be increased by more than 50 percent by such 
transfers: Provided further, That no amount shall be transferred from 
``Special Assistance to the President'' or ``Official Residence of the 
Vice President'' without the approval of the Vice President.
    Sec. 202.  The Director of the Office of National Drug Control 
Policy shall submit to the Committees on Appropriations of the House of 
Representatives and the Senate not later than 60 days after the date of 
enactment of this Act, and prior to the initial obligation of more than 
20 percent of the funds appropriated in any account under the heading 
``Office of National Drug Control Policy'', a detailed narrative and 
financial plan on the proposed uses of all funds under the account by 
program, project, and activity: Provided, That the reports required by 
this section shall be updated and submitted to the Committees on 
Appropriations every 6 months and shall include information detailing 
how the estimates and assumptions contained in previous reports have 
changed: Provided further, That any new projects and changes in funding 
of ongoing projects shall be subject to the prior approval of the 
Committees on Appropriations.
    Sec. 203.  Not to exceed 2 percent of any appropriations in this 
Act made available to the Office of National Drug Control Policy may be 
transferred between appropriated programs upon the advance approval of 
the Committees on Appropriations: Provided, That no transfer may 
increase or decrease any such appropriation by more than 3 percent.
    Sec. 204.  Not to exceed $1,000,000 of any appropriations in this 
Act made available to the Office of National Drug Control Policy may be 
reprogrammed within a program, project, or activity upon the advance 
approval of the Committees on Appropriations.
     This title may be cited as the ``Executive Office of the President 
Appropriations Act, 2011''.

                               TITLE III

                             THE JUDICIARY

                   Supreme Court of the United States

                         salaries and expenses

    For expenses necessary for the operation of the Supreme Court, as 
required by law, excluding care of the building and grounds, including 
purchase or hire, driving, maintenance, and operation of an automobile 
for the Chief Justice, not to exceed $10,000 for the purpose of 
transporting Associate Justices, and hire of passenger motor vehicles 
as authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for 
official reception and representation expenses; and for miscellaneous 
expenses, to be expended as the Chief Justice may approve, $77,758,000, 
of which $2,000,000 shall remain available until expended.

                    care of the building and grounds

    For such expenditures as may be necessary to enable the Architect 
of the Capitol to carry out the duties imposed upon the Architect by 40 
U.S.C. 6111 and 6112, $14,788,000, to remain available until expended, 
of which $5,000,000 may not be obligated or expended until the 
Committee on Appropriations receives a detailed capital improvements 
report as required by Senate Report 111-238, filed on July 29, 2010.

         United States Court of Appeals for the Federal Circuit

                         salaries and expenses

    For salaries of the chief judge, judges, and other officers and 
employees, and for necessary expenses of the court, as authorized by 
law, $33,920,000.

               United States Court of International Trade

                         salaries and expenses

    For salaries of the chief judge and eight judges, salaries of the 
officers and employees of the court, services, and necessary expenses 
of the court, as authorized by law, $22,268,000.

    Courts of Appeals, District Courts, and Other Judicial Services

                         salaries and expenses

                     (including transfer of funds)

    For the salaries of circuit and district judges (including judges 
of the territorial courts of the United States), justices and judges 
retired from office or from regular active service, judges of the 
United States Court of Federal Claims, bankruptcy judges, magistrate 
judges, and all other officers and employees of the Federal Judiciary 
not otherwise specifically provided for, and necessary expenses of the 
courts, as authorized by law, $5,240,051,000 (including the purchase of 
firearms and ammunition); of which not to exceed $27,817,000 shall 
remain available until expended for space alteration projects and for 
furniture and furnishings related to new space alteration and 
construction projects; of which $40,000,000 shall remain available 
until September 30, 2012: Provided, That notwithstanding section 302, 
funding shall be available for transfer between Judiciary accounts to 
meet increased workload requirements resulting from immigration and 
other law enforcement initiatives.
    In addition, for expenses of the United States Court of Federal 
Claims associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed 
$4,785,000, to be appropriated from the Vaccine Injury Compensation 
Trust Fund.

                           defender services

    For the operation of Federal Defender organizations; the 
compensation and reimbursement of expenses of attorneys appointed to 
represent persons under 18 U.S.C. 3006A, and also under 18 U.S.C. 3599, 
in cases in which a defendant is charged with a crime that may be 
punishable by death; the compensation and reimbursement of expenses of 
persons furnishing investigative, expert, and other services under 18 
U.S.C. 3006A(e), and also under 18 U.S.C. 3599(f) and (g)(2), in cases 
in which a defendant is charged with a crime that may be punishable by 
death; the compensation (in accordance with the maximums under 18 
U.S.C. 3006A) and reimbursement of expenses of attorneys appointed to 
assist the court in criminal cases where the defendant has waived 
representation by counsel; the compensation and reimbursement of travel 
expenses of guardians ad litem acting on behalf of financially eligible 
minor or incompetent offenders in connection with transfers from the 
United States to foreign countries with which the United States has a 
treaty for the execution of penal sentences; the compensation and 
reimbursement of expenses of attorneys appointed to represent jurors in 
civil actions for the protection of their employment, as authorized by 
28 U.S.C. 1875(d); the compensation and reimbursement of expenses of 
attorneys appointed under 18 U.S.C. 983(b)(1) in connection with 
certain judicial civil forfeiture proceedings; and for necessary 
training and general administrative expenses, $1,072,253,000, to remain 
available until expended.

                    fees of jurors and commissioners

    For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and 
1876; compensation of jury commissioners as authorized by 28 U.S.C. 
1863; and compensation of commissioners appointed in condemnation cases 
pursuant to rule 71.1(h) of the Federal Rules of Civil Procedure (28 
U.S.C. Appendix Rule 71.1(h)), $55,590,000, to remain available until 
expended: Provided, That the compensation of land commissioners shall 
not exceed the daily equivalent of the highest rate payable under 5 
U.S.C. 5332.

                             court security

                     (including transfers of funds)

    For necessary expenses, not otherwise provided for, incident to the 
provision of protective guard services for United States courthouses 
and other facilities housing Federal court operations, and the 
procurement, installation, and maintenance of security systems and 
equipment for United States courthouses and other facilities housing 
Federal court operations, including building ingress-egress control, 
inspection of mail and packages, directed security patrols, perimeter 
security, basic security services provided by the Federal Protective 
Service, and other similar activities as authorized by section 1010 of 
the Judicial Improvement and Access to Justice Act (Public Law 100-
702), $495,038,000, of which not to exceed $15,000,000 shall remain 
available until expended, to be expended directly or transferred to the 
United States Marshals Service, which shall be responsible for 
administering the Judicial Facility Security Program consistent with 
standards or guidelines agreed to by the Director of the Administrative 
Office of the United States Courts and the Attorney General.

           Administrative Office of the United States Courts

                         salaries and expenses

    For necessary expenses of the Administrative Office of the United 
States Courts as authorized by law, including travel as authorized by 
31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31 
U.S.C. 1343(b), advertising and rent in the District of Columbia and 
elsewhere, $87,255,000, of which not to exceed $8,500 is authorized for 
official reception and representation expenses.

                        Federal Judicial Center

                         salaries and expenses

    For necessary expenses of the Federal Judicial Center, as 
authorized by Public Law 90-219, $28,694,000; of which $1,800,000 shall 
remain available through September 30, 2012, to provide education and 
training to Federal court personnel; and of which not to exceed $1,500 
is authorized for official reception and representation expenses.

                       Judicial Retirement Funds

                    payment to judiciary trust funds

    For payment to the Judicial Officers' Retirement Fund, as 
authorized by 28 U.S.C. 377(o), $79,061,400; to the Judicial Survivors' 
Annuities Fund, as authorized by 28 U.S.C. 376(c), $7,300,000; and to 
the United States Court of Federal Claims Judges' Retirement Fund, as 
authorized by 28 U.S.C. 178(l), $4,000,000.

                  United States Sentencing Commission

                         salaries and expenses

    For the salaries and expenses necessary to carry out the provisions 
of chapter 58 of title 28, United States Code, $17,595,000, of which 
not to exceed $1,000 is authorized for official reception and 
representation expenses.

                Administrative Provisions--The Judiciary

                     (including transfer of funds)

    Sec. 301.  Appropriations and authorizations made in this title 
which are available for salaries and expenses shall be available for 
services as authorized by 5 U.S.C. 3109.
    Sec. 302.  Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Judiciary in this Act may 
be transferred between such appropriations, but no such appropriation, 
except ``Courts of Appeals, District Courts, and Other Judicial 
Services, Defender Services'' and ``Courts of Appeals, District Courts, 
and Other Judicial Services, Fees of Jurors and Commissioners'', shall 
be increased by more than 10 percent by any such transfers: Provided, 
That any transfer pursuant to this section shall be treated as a 
reprogramming of funds under sections 604 and 608 of this Act and shall 
not be available for obligation or expenditure except in compliance 
with the procedures set forth in section 608.
    Sec. 303.  Notwithstanding any other provision of law, the salaries 
and expenses appropriation for ``Courts of Appeals, District Courts, 
and Other Judicial Services'' shall be available for official reception 
and representation expenses of the Judicial Conference of the United 
States: Provided, That such available funds shall not exceed $11,000 
and shall be administered by the Director of the Administrative Office 
of the United States Courts in the capacity as Secretary of the 
Judicial Conference.
    Sec. 304.  Within 90 days after the date of the enactment of this 
Act, the Administrative Office of the U.S. Courts shall submit to the 
Committees on Appropriations a comprehensive financial plan for the 
Judiciary allocating all sources of available funds including 
appropriations, fee collections, and carryover balances, to include a 
separate and detailed plan for the Judiciary Information Technology 
Fund, which will establish the baseline for application of 
reprogramming and transfer authorities for the current fiscal year.
    Sec. 305.  Section 3314(a) of title 40, United States Code, shall 
be applied by substituting ``Federal'' for ``executive'' each place it 
appears.
    Sec. 306.  In accordance with 28 U.S.C. 561-569, and 
notwithstanding any other provision of law, the United States Marshals 
Service shall provide, for such courthouses as its Director may 
designate in consultation with the Director of the Administrative 
Office of the United States Courts, for purposes of a pilot program, 
the security services that 40 U.S.C. 1315 authorizes the Department of 
Homeland Security to provide, except for the services specified in 40 
U.S.C. 1315(b)(2)(E). For building-specific security services at these 
courthouses, the Director of the Administrative Office of the United 
States Courts shall reimburse the United States Marshals Service rather 
than the Department of Homeland Security.
    This title may be cited as the ``Judiciary Appropriations Act, 
2011''.

                                TITLE IV

                          DISTRICT OF COLUMBIA

                             Federal Funds

              federal payment for resident tuition support

    For a Federal payment to the District of Columbia, to be deposited 
into a dedicated account, for a nationwide program to be administered 
by the Mayor, for District of Columbia resident tuition support, 
$35,100,000, to remain available until expended: Provided, That such 
funds, including any interest accrued thereon, may 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 public 
institutions of higher education, or to pay up to $2,500 each year at 
eligible private institutions of higher education: Provided further, 
That the awarding of such funds may be prioritized on the basis of a 
resident's academic merit, the income and need of eligible students and 
such other factors as may be authorized: Provided further, That the 
District of Columbia government shall maintain a dedicated account for 
the Resident Tuition Support Program that shall consist of the Federal 
funds appropriated to the Program in this Act and any subsequent 
appropriations, any unobligated balances from prior fiscal years, and 
any interest earned in this or any fiscal year: Provided further, That 
the account shall be under the control of the District of Columbia 
Chief Financial Officer, who shall use those funds solely for the 
purposes of carrying out the Resident Tuition Support Program: Provided 
further, That the Office of the Chief Financial Officer shall provide a 
quarterly financial report to the Committees on Appropriations of the 
House of Representatives and the Senate for these funds showing, by 
object class, the expenditures made and the purpose therefor.

   federal payment for emergency planning and security costs in the 
                          district of columbia

    For a Federal payment of necessary expenses, as determined by the 
Mayor of the District of Columbia in written consultation with the 
elected county or city officials of surrounding jurisdictions, 
$15,000,000, to remain available until expended and in addition any 
funds that remain available from prior year appropriations under this 
heading for the District of Columbia Government, for the costs of 
providing public safety at events related to the presence of the 
national capital in the District of Columbia, including support 
requested by the Director of the United States Secret Service Division 
in carrying out protective duties under the direction of the Secretary 
of Homeland Security, and for the costs of providing support to respond 
to immediate and specific terrorist threats or attacks in the District 
of Columbia or surrounding jurisdictions.

           federal payment to the district of columbia courts

    For salaries and expenses for the District of Columbia Courts, 
$258,351,000 to be allocated as follows: for the District of Columbia 
Court of Appeals, $12,998,000, of which not to exceed $2,500 is for 
official reception and representation expenses; for the District of 
Columbia Superior Court, $110,149,000, of which not to exceed $2,500 is 
for official reception and representation expenses; for the District of 
Columbia Court System, $65,554,000, of which not to exceed $2,500 is 
for official reception and representation expenses; and $69,650,000, to 
remain available until September 30, 2012, for capital improvements for 
District of Columbia courthouse facilities, including structural 
improvements to the District of Columbia cell block at the Moultrie 
Courthouse, of which $13,670,000 is for renovation of courtrooms and 
chambers in the Moultrie Courthouse: Provided, That funds made 
available for capital improvements shall be expended consistent with 
the General Services Administration (GSA) master plan study and 
building evaluation report: Provided further, That notwithstanding any 
other provision of law, 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 GSA, 
and such services shall include the preparation of monthly financial 
reports, copies of which shall be submitted directly by GSA to the 
President and 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: Provided 
further, That 30 days after providing written notice to the Committees 
on Appropriations of the House of Representatives and the Senate, the 
District of Columbia Courts may reallocate not more than 10 percent of 
the funds provided under this heading among the items and entities 
funded under this heading for operations but no such allocation shall 
be increased by more than 10 percent.

  federal payment for defender services in district of columbia courts

    For payments authorized under section 11-2604 and section 11-2605, 
D.C. Official Code (relating to representation provided under the 
District of Columbia Criminal Justice Act), payments for counsel 
appointed in proceedings in the Family Court of the Superior Court of 
the District of Columbia under chapter 23 of title 16, D.C. Official 
Code, or pursuant to contractual agreements to provide guardian ad 
litem representation, training, technical assistance, and such other 
services as are necessary to improve the quality of guardian ad litem 
representation, payments for counsel appointed in adoption proceedings 
under chapter 3 of title 16, D.C. Official Code, and payments for 
counsel authorized under section 21-2060, D.C. Official Code (relating 
to representation provided under the District of Columbia Guardianship, 
Protective Proceedings, and Durable Power of Attorney Act of 1986), 
$55,000,000, to remain available until expended: Provided, That funds 
provided under this heading shall be administered by the Joint 
Committee on Judicial Administration in the District of Columbia: 
Provided further, That notwithstanding any other provision of law, this 
appropriation shall be apportioned quarterly by the Office of 
Management and Budget and obligated and expended in the same manner as 
funds appropriated for expenses of other Federal agencies, with payroll 
and financial services to be provided on a contractual basis with the 
General Services Administration (GSA), and such services shall include 
the preparation of monthly financial reports, copies of which shall be 
submitted directly by GSA to the President and 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.

 federal payment to the court services and offender supervision agency 
                      for the district of columbia

    For salaries and expenses, including the transfer and hire of motor 
vehicles, of the Court Services and Offender Supervision Agency for the 
District of Columbia, as authorized by the National Capital 
Revitalization and Self-Government Improvement Act of 1997, 
$217,783,000, of which not to exceed $2,000 is for official reception 
and representation expenses related to Community Supervision and 
Pretrial Services Agency programs; of which not to exceed $25,000 is 
for dues and assessments relating to the implementation of the Court 
Services and Offender Supervision Agency Interstate Supervision Act of 
2002; of which $1,000,000 shall remain available until September 30, 
2013 for relocation of the Pretrial Services Agency drug testing 
laboratory; of which $156,472,000 shall be for necessary expenses of 
Community Supervision and Sex Offender Registration, to include 
expenses relating to the supervision of adults subject to protection 
orders or the provision of services for or related to such persons; of 
which $61,311,000 shall be available to the Pretrial Services Agency: 
Provided, That notwithstanding any other provision of law, 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: 
Provided further, That not less than $1,500,000 shall be available for 
re-entrant housing in the District of Columbia: Provided further, That 
the Director is authorized to accept and use gifts in the form of in-
kind contributions of space and hospitality to support offender and 
defendant programs, and equipment and vocational training services to 
educate and train offenders and defendants: Provided further, That the 
Director shall keep accurate and detailed records of the acceptance and 
use of any gift or donation under the previous proviso, and shall make 
such records available for audit and public inspection: Provided 
further, That the Court Services and Offender Supervision Agency 
Director is authorized to accept and use reimbursement from the 
District of Columbia Government for space and services provided on a 
cost reimbursable basis.

  federal payment to the public defender service for the district of 
                                columbia

    For salaries and expenses, including the transfer and hire of motor 
vehicles, of the District of Columbia Public Defender Service, as 
authorized by the National Capital Revitalization and Self-Government 
Improvement Act of 1997, $40,690,000: Provided, That notwithstanding 
any other provision of law, 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 Federal agencies.

 federal payment to the district of columbia water and sewer authority

    For a Federal payment to the District of Columbia Water and Sewer 
Authority, $25,000,000, to remain available until expended, to continue 
implementation of the Combined Sewer Overflow Long-Term Plan: Provided, 
That the District of Columbia Water and Sewer Authority provides a 100 
percent match for this payment.

      federal payment to the criminal justice coordinating council

    For a Federal payment to the Criminal Justice Coordinating Council, 
$1,800,000, to remain available until expended, to support initiatives 
related to the coordination of Federal and local criminal justice 
resources in the District of Columbia.

                federal payment for judicial commissions

    For a Federal payment, to remain available until September 30, 
2012, to the Commission on Judicial Disabilities and Tenure, $295,000, 
and for the Judicial Nomination Commission, $205,000.

 federal payment to the office of the chief financial officer for the 
                          district of columbia

    For a Federal payment to the Office of the Chief Financial Officer 
for the District of Columbia, $1,000,000 for transfer to the Children's 
National Medical Center: Provided, That each entity that receives 
funding under this heading shall submit to the Office of the Chief 
Financial Officer for the District of Columbia (CFO), not later than 60 
days after enactment of this Act, a detailed budget and comprehensive 
description of the activities to be carried out with such funds, and 
the CFO shall submit a comprehensive report to the Committees on 
Appropriations of the House of Representatives and the Senate not later 
than June 1, 2011.

                 federal payment for school improvement

    For a Federal payment for a school improvement program in the 
District of Columbia, $52,400,000, to be allocated as follows: for the 
District of Columbia Public Schools, $23,000,000 to improve public 
school education in the District of Columbia; for the State Education 
Office, $20,000,000 to expand quality public charter schools in the 
District of Columbia, to remain available until expended; for the 
Secretary of the Department of Education, $9,400,000 to provide 
opportunity scholarships for students in the District of Columbia in 
accordance with title III of division C of the District of Columbia 
Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 126), to remain 
available until expended, of which up to $1,000,000 may be used to 
administer and fund assessments: Provided, That notwithstanding the 
second proviso under this heading in Public Law 111-8, funds provided 
herein may only be used to provide opportunity scholarships to students 
who received scholarships in the 2010-2011 school year: Provided 
further, That funds available under this heading for opportunity 
scholarships, including from prior-year appropriations Acts, may be 
made available only for scholarships to students who received 
scholarships in the 2010-2011 school year: Provided further, That none 
of the funds provided in this Act or any other Act for opportunity 
scholarships may be used by an eligible student to enroll in a 
participating school under the DC School Choice Incentive Act of 2003 
unless (1) the participating school has and maintains a valid 
certificate of occupancy issued by the District of Columbia; (2) the 
core subject matter teachers of the eligible student hold 4-year 
bachelor's degrees; and (3) the participating school is in compliance 
with the accreditation and other standards prescribed under the 
District of Columbia compulsory school attendance laws that apply to 
educational institutions not affiliated with the District of Columbia 
Public Schools: Provided further, That the Secretary of Education shall 
ensure that site inspections of participating schools are conducted at 
least twice annually.

           federal payment to jump start public school reform

    For a Federal payment to jump start public school reform in the 
District of Columbia, $20,000,000: Provided, That any amount provided 
under this heading shall be available only after such amount has been 
apportioned pursuant to chapter 15 of title 31, United States Code.

      federal payment for the district of columbia national guard

    For a Federal payment to the District of Columbia National Guard, 
$1,375,000, to remain available until expended for the District of 
Columbia National Guard, of which $375,000 shall be available for the 
``Major General David F. Wherley, Jr. District of Columbia National 
Guard Retention and College Access Program''.

              federal payment for housing for the homeless

    For a Federal payment to the District of Columbia, $10,000,000, to 
remain available until September 30, 2012, to support permanent 
supportive housing programs in the District.

federal payment for redevelopment of the st. elizabeths hospital campus

    For a Federal payment to the District of Columbia, $2,000,000, for 
planning activities to support redevelopment efforts at the site of the 
former St. Elizabeths Hospital in the District of Columbia.

                federal payment for hiv/aids prevention

    For a Federal payment to the District of Columbia, $3,000,000, to 
support initiatives designed to reduce the incidence of human 
immunodeficiency virus and acquired immunodeficiency syndrome in the 
District of Columbia.

                       District of Columbia Funds

    The following amounts are appropriated for the District of Columbia 
for the current fiscal year out of the General Fund of the District of 
Columbia (``General Fund''), except as otherwise specifically provided: 
Provided, That notwithstanding any other provision of law, except as 
provided in section 450A of the District of Columbia Home Rule Act, 
(114 Stat. 2440; D.C. Official Code, section 1-204.50a) and provisions 
of the Fiscal Year 2011 Budget Request Act of 2010, the total amount 
appropriated in this Act for operating expenses for the District of 
Columbia for fiscal year 2011 under this heading shall not exceed the 
lesser of the sum of the total revenues of the District of Columbia for 
such fiscal year or $10,306,904,000 (of which $5,788,584,000 shall be 
from local funds, (including $402,685,000 from dedicated taxes), 
$2,611,497,000 shall be from Federal grant funds, $1,899,946,000 shall 
be from other funds, and $6,877,000 shall be from private funds); in 
addition, $167,175,000 from funds previously appropriated in this Act 
as Federal payments, which does not include funds appropriated under 
the American Recovery and Reinvestment Act of 2009 (123 Stat. 115; 26 
U.S.C. Sec. 1 note): Provided further, That of the local funds, such 
amounts as may be necessary may be derived from the District's General 
Fund balance: Provided further, That of these funds the District's 
intradistrict authority shall be $567,683,000: in addition for capital 
construction projects, an increase of $1,386,420,000, of which 
$1,117,090,000 shall be from local funds, $46,350,000 from the District 
of Columbia Highway Trust fund, $32,523,000 from the Local Street 
Maintenance fund, $190,457,000 from Federal grant funds, and a 
rescission of $741,735,000 from local funds and a rescission of 
$145,874,000 from Local Street Maintenance funds appropriated under 
this heading in prior fiscal years for a net amount of $498,811,000, to 
remain available until expended: Provided further, That the amounts 
provided under this heading are to be available, allocated and expended 
as proposed under title III of the Fiscal Year 2011 Budget Request Act 
of 2010 at the rate set forth under ``District of Columbia Funds 
Division of Expenses'' of the Fiscal Year 2011 Proposed Budget and 
Financial Plan submitted to the Congress of the United States by the 
District of Columbia: Provided further, That this amount may be 
increased by proceeds of one-time transactions, which are expended for 
emergency or unanticipated operating or capital needs: Provided 
further, That such increases shall be approved by enactment of local 
District law and shall comply with all reserve requirements contained 
in the District of Columbia Home Rule Act (87 Stat. 777; D.C. Official 
Code sec. 1-201.01 et seq.): Provided further, That the Chief Financial 
Officer of the District of Columbia shall take such steps as are 
necessary to assure that the District of Columbia meets these 
requirements, including the apportioning by the Chief Financial Officer 
of the appropriations and funds made available to the District during 
fiscal year 2011, except that the Chief Financial Officer may not 
reprogram for operating expenses any funds derived from bonds, notes, 
or other obligations issued for capital projects.
     This title may be cited as the ``District of Columbia 
Appropriations Act, 2011''.

                                TITLE V

                          INDEPENDENT AGENCIES

             Administrative Conference of the United States

                         salaries and expenses

    For necessary expenses of the Administrative Conference of the 
United States, authorized by 5 U.S.C. 591 et seq., $3,200,000, of which 
not to exceed $1,000 is for official reception and representation 
expenses.

               Christopher Columbus Fellowship Foundation

                         salaries and expenses

    For payment to the Christopher Columbus Fellowship Foundation, 
established by section 423 of Public Law 102-281, $750,000, to remain 
available until expended.

                  Commodity Futures Trading Commission

    For necessary expenses to carry out the provisions of the Commodity 
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of 
passenger motor vehicles, and the rental of space (to include multiple 
year leases) in the District of Columbia and elsewhere, $286,000,000, 
of which $227,000,000 shall remain available until September 30, 2012, 
including not to exceed $3,000 for official reception and 
representation expenses, and not to exceed $25,000 for the expenses for 
consultations and meetings hosted by the Commission with foreign 
governmental and other regulatory officials, and of which $59,000,000 
shall remain available for information technology investments until 
September 30, 2013.

                   Consumer Product Safety Commission

                         salaries and expenses

    For necessary expenses of the Consumer Product Safety Commission, 
including hire of passenger motor vehicles, services as authorized by 5 
U.S.C. 3109, but at rates for individuals not to exceed the per diem 
rate equivalent to the maximum rate payable under 5 U.S.C. 5376, 
purchase of nominal awards to recognize non-Federal officials' 
contributions to Commission activities, and not to exceed $2,000 for 
official reception and representation expenses, $118,600,000.

                     Election Assistance Commission

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses to carry out the Help America Vote Act of 
2002 (Public Law 107-252), $16,800,000, of which $3,250,000 shall be 
transferred to the National Institute of Standards and Technology for 
election reform activities authorized under the Help America Vote Act 
of 2002.

                   Federal Communications Commission

                         salaries and expenses

    For necessary expenses of the Federal Communications Commission, as 
authorized by law, including uniforms and allowances therefor, as 
authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official 
reception and representation expenses; purchase and hire of motor 
vehicles; special counsel fees; and services as authorized by 5 U.S.C. 
3109, $355,500,000: Provided, That $355,500,000 of offsetting 
collections shall be assessed and collected pursuant to section 9 of 
title I of the Communications Act of 1934, shall be retained and used 
for necessary expenses in this appropriation, and shall remain 
available until expended: Provided further, That the sum herein 
appropriated shall be reduced as such offsetting collections are 
received during fiscal year 2011 so as to result in a final fiscal year 
2011 appropriation estimated at $0: Provided further, That any 
offsetting collections received in excess of $355,500,000 in fiscal 
year 2011 shall not be available for obligation: Provided further, That 
remaining offsetting collections from prior years collected in excess 
of the amount specified for collection in each such year and otherwise 
becoming available on October 1, 2010, shall not be available for 
obligation: Provided further, That notwithstanding 47 U.S.C. 
309(j)(8)(B), proceeds from the use of a competitive bidding system 
that may be retained and made available for obligation shall not exceed 
$85,000,000 for fiscal year 2011: Provided further, That of the amount 
appropriated under this heading, not less than $9,345,217 shall be for 
the salaries and expenses of the Office of Inspector General.

      administrative provisions--federal communications commission

    Sec. 501.  Section 302 of the Universal Service Antideficiency 
Temporary Suspension Act is amended by striking ``December 31, 2010'', 
each place it appears and inserting ``December 31, 2011''.
    Sec. 502.  None of the funds appropriated by this Act may be used 
by the Federal Communications Commission to modify, amend, or change 
its rules or regulations for universal service support payments to 
implement the February 27, 2004 recommendations of the Federal-State 
Joint Board on Universal Service regarding single connection or primary 
line restrictions on universal service support payments.

                 Federal Deposit Insurance Corporation

                    office of the inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$47,916,000, to be derived from the Deposit Insurance Fund or, only 
when appropriate, the FSLIC Resolution Fund.

                      Federal Election Commission

                         salaries and expenses

    For necessary expenses to carry out the provisions of the Federal 
Election Campaign Act of 1971, $70,800,000, of which not to exceed 
$5,000 shall be available for reception and representation expenses.

                   Federal Labor Relations Authority

                         salaries and expenses

    For necessary expenses to carry out functions of the Federal Labor 
Relations Authority, pursuant to Reorganization Plan Numbered 2 of 
1978, and the Civil Service Reform Act of 1978, including services 
authorized by 5 U.S.C. 3109, and including hire of experts and 
consultants, hire of passenger motor vehicles, and rental of conference 
rooms in the District of Columbia and elsewhere, $26,000,000: Provided, 
That public members of the Federal Service Impasses Panel may be paid 
travel expenses and per diem in lieu of subsistence as authorized by 
law (5 U.S.C. 5703) for persons employed intermittently in the 
Government service, and compensation as authorized by 5 U.S.C. 3109: 
Provided further, That notwithstanding 31 U.S.C. 3302, funds received 
from fees charged to non-Federal participants at labor-management 
relations conferences shall be credited to and merged with this 
account, to be available without further appropriation for the costs of 
carrying out these conferences.

                        Federal Trade Commission

                         salaries and expenses

    For necessary expenses of the Federal Trade Commission, including 
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
services as authorized by 5 U.S.C. 3109; hire of passenger motor 
vehicles; and not to exceed $2,000 for official reception and 
representation expenses, $314,000,000, to remain available until 
expended: Provided, That not to exceed $300,000 shall be available for 
use to contract with a person or persons for collection services in 
accordance with the terms of 31 U.S.C. 3718: Provided further, That, 
notwithstanding any other provision of law, not to exceed $96,000,000 
of offsetting collections derived from fees collected for premerger 
notification filings under the Hart-Scott-Rodino Antitrust Improvements 
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection, 
shall be retained and used for necessary expenses in this 
appropriation: Provided further, That, notwithstanding any other 
provision of law, not to exceed $21,000,000 in offsetting collections 
derived from fees sufficient to implement and enforce the Telemarketing 
Sales Rule, promulgated under the Telemarketing and Consumer Fraud and 
Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to 
this account, and be retained and used for necessary expenses in this 
appropriation: Provided further, That the sum herein appropriated from 
the general fund shall be reduced as such offsetting collections are 
received during fiscal year 2011, so as to result in a final fiscal 
year 2011 appropriation from the general fund estimated at not more 
than $197,000,000: Provided further, That none of the funds made 
available to the Federal Trade Commission may be used to implement 
subsection (e)(2)(B) of section 43 of the Federal Deposit Insurance Act 
(12 U.S.C. 1831t).

                    General Services Administration

                        real property activities

                         federal buildings fund

                 limitations on availability of revenue

    For an additional amount to be deposited in the Federal Buildings 
Fund, $296,800,000. Amounts in the Fund, including revenues and 
collections deposited into the Fund shall be available for necessary 
expenses of real property management and related activities not 
otherwise provided for, including operation, maintenance, and 
protection of federally owned and leased buildings; rental of buildings 
in the District of Columbia; restoration of leased premises; moving 
governmental agencies (including space adjustments and 
telecommunications relocation expenses) in connection with the 
assignment, allocation and transfer of space; contractual services 
incident to cleaning or servicing buildings, and moving; repair and 
alteration of federally owned buildings including grounds, approaches 
and appurtenances; care and safeguarding of sites; maintenance, 
preservation, demolition, and equipment; acquisition of buildings and 
sites by purchase, condemnation, or as otherwise authorized by law; 
acquisition of options to purchase buildings and sites; conversion and 
extension of federally owned buildings; preliminary planning and design 
of projects by contract or otherwise; construction of new buildings 
(including equipment for such buildings); and payment of principal, 
interest, and any other obligations for public buildings acquired by 
installment purchase and purchase contract; in the aggregate amount of 
$9,158,563,000, of which: (1) $768,362,000 shall remain available until 
expended for construction and acquisition (including funds for sites 
and expenses and associated design and construction services) of 
additional projects at the following locations:
    New Construction:
            California:
                    Calexico, Calexico West, Land Port of Entry, 
                $84,359,000.
                    Los Angeles, United States Courthouse, $92,000,000.
            Colorado:
                    Lakewood, Denver Federal Center Remediation, 
                $7,957,000.
            District of Columbia:
                    Washington, St. Elizabeths DHS Consolidation and 
                Development, $267,675,000.
                    Washington, St. Elizabeths West Campus 
                Infrastructure, $99,281,000.
                    Washington, St. Elizabeths Historic Preservation 
                Mitigation, $4,990,000.
                    Washington, St. Elizabeths Highway Interchange 
                $8,350,000.
            Maine:
                    Calais, Ferry Point Land Port of Entry, $1,552,000.
            Maryland:
                    White Oak, Food and Drug Administration 
                Consolidation, $173,773,000.
            Michigan:
                    Detroit, P. V. McNamara Federal Building FBI 
                Garage, $3,658,000.
            West Virginia:
                    Martinsburg, IRS Annex, $24,767,000:
Provided, That, for the new courthouse project in Salt Lake City, Utah, 
for which funds have been appropriated in Public Law 111-117 and other 
Acts, the total estimated cost, exclusive of any permitted escalations, 
shall not exceed $185,700,000: Provided further, That each of the 
foregoing limits of costs on new construction projects may be exceeded 
to the extent that savings are effected in other such projects, but not 
to exceed 10 percent of the amounts included in an approved prospectus, 
if required, unless advance approval is obtained from the Committees on 
Appropriations of a greater amount: Provided further, That all funds 
for direct construction projects shall expire on September 30, 2012 and 
remain in the Federal Buildings Fund except for funds for projects as 
to which funds for design or other funds have been obligated in whole 
or in part prior to such date; (2) $716,367,000 shall remain available 
until expended for repairs and alterations, which includes associated 
design and construction services:
    Repairs and Alterations:
            California:
                    Los Angeles, Federal Building/Parking Garage, 
                $51,217,000.
                    Richmond, Frank Hagel Federal Building, 
                $113,620,000.
                    San Diego, Edward J. Schwartz United States 
                Courthouse and Federal Building, $22,336,000.
                    Van Nuys, James C. Corman Federal Building, 
                $11,039,000.
            District of Columbia:
                    Washington, E. Barrett Prettyman United States 
                Courthouse, $22,900,000.
                    Washington, West Wing Design Phase II, $6,245,000.
            Indiana:
                    Indianapolis, Major General Emmett J. Bean Federal 
                Center, $65,813,000.
            New York:
                    New York, Daniel Patrick Moynihan United States 
                Courthouse, $28,000,000.
            Special Emphasis Programs:
                    Energy and Water Retrofit and Conservation 
                Measures, $20,000,000.
                    Fire Prevention Program, $20,000,000.
                    Wellness and Fitness Program, $7,000,000.
                    Judiciary Capital Security Program, $35,000,000.
                    Basic Repairs and Alterations, $313,197,000:
Provided further, That funds made available in this or any previous Act 
in the Federal Buildings Fund for Repairs and Alterations shall, for 
prospectus projects, be limited to the amount identified for each 
project, except each project in this or any previous Act may be 
increased by an amount not to exceed 10 percent unless advance approval 
is obtained from the Committees on Appropriations of a greater amount: 
Provided further, 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: Provided 
further, That 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: Provided further, That the 
difference between the funds appropriated and expended on any projects 
in this or any prior Act, under the heading ``Repairs and 
Alterations'', may be transferred to Basic Repairs and Alterations or 
used to fund authorized increases in prospectus projects: Provided 
further, That all funds for repairs and alterations prospectus projects 
shall expire on September 30, 2012 and remain in the Federal Buildings 
Fund except funds for projects as to which funds for design or other 
funds have been obligated in whole or in part prior to such date: 
Provided further, That the amount provided in this or any prior Act for 
Basic Repairs and Alterations may be used to pay claims against the 
Government arising from any projects under the heading ``Repairs and 
Alterations'' or used to fund authorized increases in prospectus 
projects; (3) $135,540,000 for installment acquisition payments 
including payments on purchase contracts which shall remain available 
until expended; (4) $5,216,946,000 for rental of space which shall 
remain available until expended; and (5) $2,321,348,000 for building 
operations which shall remain available until expended: Provided 
further, That funds available to the General Services Administration 
shall not be available for expenses of any construction, repair, 
alteration and acquisition project for which a prospectus, if required 
by 40 U.S.C. 3307(a), has not been approved, except that necessary 
funds may be expended for each project for required expenses for the 
development of a proposed prospectus: Provided further, That funds 
available in the Federal Buildings Fund may be expended for emergency 
repairs when advance approval is obtained from the Committees on 
Appropriations: Provided further, That amounts necessary to provide 
reimbursable special services to other agencies under 40 U.S.C. 
592(b)(2) and amounts to provide such reimbursable fencing, lighting, 
guard booths, and other facilities on private or other property not in 
Government ownership or control as may be appropriate to enable the 
United States Secret Service to perform its protective functions 
pursuant to 18 U.S.C. 3056, shall be available from such revenues and 
collections: Provided further, That revenues and collections and any 
other sums accruing to this Fund during fiscal year 2011, excluding 
reimbursements under 40 U.S.C. 592(b)(2) in excess of the aggregate new 
obligational authority authorized for Real Property Activities of the 
Federal Buildings Fund in this Act shall remain in the Fund and shall 
not be available for expenditure except as authorized in appropriations 
Acts.

                           general activities

                         government-wide policy

    For expenses authorized by law, not otherwise provided for, 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; $77,621,000, of which 
$2,000,000 shall be available for the Office of Federal High 
Performance Green Buildings.

                           operating expenses

    For expenses authorized by law, not otherwise provided for, for 
Government-wide activities associated with utilization and donation of 
surplus personal property; disposal of real property; agency-wide 
policy direction, management, and communications; the Civilian Board of 
Contract Appeals; services as authorized by 5 U.S.C. 3109; and not to 
exceed $7,500 for official reception and representation expenses; 
$72,203,000.

                      office of inspector general

    For necessary expenses of the Office of Inspector General and 
service authorized by 5 U.S.C. 3109, $61,025,000: Provided, That not to 
exceed $15,000 shall be available for payment for information and 
detection of fraud against the Government, including payment for 
recovery of stolen Government property: Provided further, That not to 
exceed $2,500 shall be available for awards to employees of other 
Federal agencies and private citizens in recognition of efforts and 
initiatives resulting in enhanced Office of Inspector General 
effectiveness.

                       electronic government fund

                     (including transfer of funds)

    For necessary expenses in support of interagency projects that 
enable the Federal Government to expand its ability to conduct 
activities electronically, through the development and implementation 
of innovative uses of the Internet and other electronic methods, 
$20,000,000, to remain available until expended: Provided, That these 
funds may be transferred to Federal agencies to carry out the purpose 
of the Fund: Provided further, That this transfer authority shall be in 
addition to any other transfer authority provided in this Act: Provided 
further, That such transfers may not be made until 10 days after a 
proposed spending plan and explanation for each project to be 
undertaken has been submitted to the Committees on Appropriations of 
the House of Representatives and the Senate.

           allowances and office staff for former presidents

    For carrying out the provisions of the Act of August 25, 1958 (3 
U.S.C. 102 note), and Public Law 95-138, $3,907,000.

             federal acquisition workforce initiatives fund

    For necessary expenses in support of government-wide investments in 
the capacity and capabilities of the acquisition workforce, 
$17,000,000; of which $4,000,000 shall be available for salaries, 
curriculum development, competency management, certification management 
and career management; of which $2,000,000 shall be available for the 
management of acquisition workforce data and information technology 
needs related to the acquisition workforce initiative; of which 
$2,000,000 shall be available to conduct a study of current and future 
acquisition workforce needs; of which $3,000,000 shall be for human 
capital support; and of which $6,000,000 shall be available to create 
and maintain the contractor inventory database required by section 743 
of Public Law 111-117: Provided, That up to 25 percent of the total 
amount appropriated herein may be transferred among such 
appropriations: Provided further, That these funds shall be 
administered by the Administrator of General Services, as approved by 
the Director of the Office of Management and Budget: Provided further, 
That such funds may be transferred to Federal agencies, as approved by 
the Director of the Office of Management and Budget, to carry out the 
purposes provided herein: Provided further, That this transfer 
authority is in addition to any other transfer authority provided in 
this Act.

                     federal citizen services fund

    For necessary expenses of the Office of Citizen Services, including 
services authorized by 5 U.S.C. 3109, $36,825,000, to be deposited into 
the Federal Citizen Services Fund: Provided, That the appropriations, 
revenues, and collections deposited into the Fund shall be available 
for necessary expenses of Federal Citizen Services activities in the 
aggregate amount not to exceed $100,000,000. Appropriations, revenues, 
and collections accruing to this Fund during fiscal year 2011 in excess 
of such amount shall remain in the Fund and shall not be available for 
expenditure except as authorized in appropriations Acts.

       administrative provisions--general services administration

                     (including transfers of funds)

    Sec. 510.  Funds available to the General Services Administration 
shall be available for the hire of passenger motor vehicles.
    Sec. 511.  Funds in the Federal Buildings Fund made available for 
fiscal year 2011 for Federal Buildings Fund activities may be 
transferred between such activities only to the extent necessary to 
meet program requirements: Provided, That any proposed transfers shall 
be approved in advance by the Committees on Appropriations of the House 
of Representatives and the Senate.
    Sec. 512.  Except as otherwise provided in this title, funds made 
available by this Act shall be used to transmit a fiscal year 2012 
request for United States Courthouse construction only if the request: 
(1) meets the design guide standards for construction as established 
and approved by the General Services Administration, the Judicial 
Conference of the United States, and the Office of Management and 
Budget; (2) reflects the priorities of the Judicial Conference of the 
United States as set out in its approved 5-year construction plan; and 
(3) includes a standardized courtroom utilization study of each 
facility to be constructed, replaced, or expanded.
    Sec. 513.  None of the funds provided in this Act may be used to 
increase the amount of occupiable square feet, provide cleaning 
services, security enhancements, or any other service usually provided 
through the Federal Buildings Fund, to any agency that does not pay the 
rate per square foot assessment for space and services as determined by 
the General Services Administration in compliance with the Public 
Buildings Amendments Act of 1972 (Public Law 92-313).
    Sec. 514.  From funds made available under the heading ``Federal 
Buildings Fund, Limitations on Availability of Revenue'', claims 
against the Government of less than $250,000 arising from direct 
construction projects and acquisition of buildings may be liquidated 
from savings effected in other construction projects with prior 
notification to the Committees on Appropriations of the House of 
Representatives and the Senate.
    Sec. 515.  In any case in which the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate adopt a resolution granting 
lease authority pursuant to a prospectus transmitted to Congress by the 
Administrator of the General Services Administration under 40 U.S.C. 
3307, the Administrator shall ensure that the delineated area of 
procurement is identical to the delineated area included in the 
prospectus for all lease agreements, except that, if the Administrator 
determines that the delineated area of the procurement should not be 
identical to the delineated area included in the prospectus, the 
Administrator shall provide an explanatory statement to each of such 
committees and the Committees on Appropriations of the House of 
Representatives and the Senate prior to exercising any lease authority 
provided in the resolution.
    Sec. 516.  In furtherance of the emergency management policy set 
forth in the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act, the Administrator of the General Services 
Administration may provide for the use of the Federal supply schedules 
of the General Services Administration by relief and disaster 
assistance organizations as described in section 309 of that Act. 
Purchases under this authority shall be limited to use in preparation 
for, response to, and recovery from hazards as defined in section 602 
of that Act.
    Sec. 517.  Section 37 of the Office of Federal Procurement Policy 
Act (41 U.S.C. 433), as amended, is further amended in paragraph 
(h)(3)(E) by:
            (1) deleting ``for training''; and
            (2) deleting ``subparagraph (A)'' and inserting in lieu 
        thereof ``subparagraphs (A) and (C) to (J) of section 405(d)(5) 
        of this title''.
    Sec. 518. (a) The Administrator of General Services 
(Administrator), through a deed of release or other appropriate 
instrument, may release to the city of Tracy, California (the City) the 
reversionary interests retained by the United States, and all other 
terms, conditions, reservations, and restrictions imposed, in 
connection with the conveyance of the 200 acres conveyed pursuant to 
Public Law 105-277 section 140, as amended by Public Law 106-31 section 
3034 and Public Law 108-199 section 411. The exact acreage and legal 
description of the parcel to be released under subsection (a) shall be 
determined by a survey that is satisfactory to the Administrator.
    (b) As consideration for such release authorized under subsection 
(a), the City shall pay to the Administrator an amount not less than 
the property's appraised Fair Market Value as determined by the 
Administrator. The determination of the Administrator is final. The 
Administrator shall determine the property's Fair Market Value through 
an appraisal conducted by a licensed, independent appraiser. The 
appraisal shall be based on the property's highest and best use.
    (c) As soon as practicable, but not more than 180 days after 
enactment of this Act, the City shall enter into a binding agreement 
with the Administrator for the conveyance described in subsection (a) 
of this section. The net proceeds from sale shall be deposited into the 
Federal Buildings Fund established under section 592 of title 40 of the 
United States Code.
    (d) The City shall be responsible for reimbursing the Administrator 
for the costs associated with implementing this section, including the 
costs of appraisal and survey. The Administrator may require such 
additional terms and conditions in connection with the release under 
subsection (a) as the Administrator considers appropriate to protect 
the interests of the United States.
    Sec. 519.  Funds made available to the General Services 
Administration in Public Law 111-5 for deposit in the Federal Buildings 
Fund shall remain available until expended to fund authorized increases 
or costs arising from any projects identified in the detailed plan 
submitted by the General Services Administration pursuant to that Act: 
Provided, That the Administrator of General Services shall obtain the 
advance approval of the Committees on Appropriations for any project 
cost increase in an amount greater than 10 percent.

                 Harry S Truman Scholarship Foundation

                         salaries and expenses

    For payment to the Harry S Truman Scholarship Foundation Trust 
Fund, established by section 10 of Public Law 93-642, $950,000, to 
remain available until expended.

                     Merit Systems Protection Board

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses to carry out functions of the Merit Systems 
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, 
the Civil Service Reform Act of 1978, and the Whistleblower Protection 
Act of 1989 (5 U.S.C. 5509 note), including services as authorized by 5 
U.S.C. 3109, rental of conference rooms in the District of Columbia and 
elsewhere, hire of passenger motor vehicles, direct procurement of 
survey printing, and not to exceed $2,000 for official reception and 
representation expenses, $41,621,000 together with not to exceed 
$2,579,000 for administrative expenses to adjudicate retirement appeals 
to be transferred from the Civil Service Retirement and Disability Fund 
in amounts determined by the Merit Systems Protection Board.

            Morris K. Udall and Stewart L. Udall Foundation

            morris k. udall and stewart l. udall trust fund

                     (including transfer of funds)

    For payment to the Morris K. Udall and Stewart L. Udall Trust Fund, 
pursuant to the Morris K. Udall and Stewart L. Udall Foundation Act (20 
U.S.C. 5601 et seq.), $3,000,000, to remain available until expended, 
of which up to $50,000 shall be used to conduct financial audits 
pursuant to the Accountability of Tax Dollars Act of 2002 (Public Law 
107-289) notwithstanding sections 8 and 9 of Public Law 102-259: 
Provided, That up to 60 percent of such funds may be transferred by the 
Morris K. Udall and Stewart L. Udall Foundation for the necessary 
expenses of the Native Nations Institute.

                 environmental dispute resolution fund

    For payment to the Environmental Dispute Resolution Fund to carry 
out activities authorized in the Environmental Policy and Conflict 
Resolution Act of 1998, $3,800,000, to remain available until expended.

              National Archives and Records Administration

                           operating expenses

    For necessary expenses in connection with the administration of the 
National Archives and Records Administration (including the Information 
Security Oversight Office) and archived Federal records and related 
activities, as provided by law, and for expenses necessary for the 
review and declassification of documents and the activities of the 
Public Interest Declassification Board, and for the hire of passenger 
motor vehicles, and for uniforms or allowances therefor, as authorized 
by law (5 U.S.C. 5901 et seq.), including maintenance, repairs, and 
cleaning, $348,689,000, of which not less than $3,000,000 shall be 
available for the salaries and expenses of the Office of Government 
Information Services.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Reform Act of 
2008, Public Law 110-409, 122 Stat. 4302-16 (2008), and the Inspector 
General Act of 1978 (5 U.S.C. App.), and for the hire of passenger 
motor vehicles, $4,250,000.

                      electronic records archives

    For necessary expenses in connection with the development of the 
electronic records archives, to include all direct project costs 
associated with research, analysis, design, development, and program 
management, $72,000,000, of which $52,500,000 shall remain available 
until September 30, 2013: Provided, That none of the multi-year funds 
may be obligated until the National Archives and Records Administration 
submits to the Committees on Appropriations, and such Committees 
approve, a plan for expenditure that: (1) meets the capital planning 
and investment control review requirements established by the Office of 
Management and Budget, including Circular A-11; (2) complies with the 
National Archives and Records Administration's enterprise architecture; 
(3) conforms with the National Archives and Records Administration's 
enterprise life cycle methodology; (4) is approved by the National 
Archives and Records Administration and the Office of Management and 
Budget; (5) has been reviewed by the Government Accountability Office; 
and (6) complies with the acquisition rules, requirements, guidelines, 
and systems acquisition management practices of the Federal Government.

                        repairs and restoration

    For the repair, alteration, and improvement of archives facilities, 
and to provide adequate storage for holdings, $11,848,000, to remain 
available until expended: Provided, That language under the heading 
``Repairs and Restoration'' in Public Law 109-115 shall be amended by 
striking ``of which $1,500,000 is to construct a new regional archives 
and records facility in Anchorage, Alaska,'': Provided further, That 
language under the heading ``Repairs and Restoration'' in Public Law 
108-447 shall be amended by striking ``of which $3,000,000 is for site 
preparation and construction management to construct a new regional 
archives and records facility in Anchorage, Alaska, and''.

        national historical publications and records commission

                             grants program

    For necessary expenses for allocations and grants for historical 
publications and records as authorized by 44 U.S.C. 2504, $10,000,000, 
to remain available until expended.

                  National Credit Union Administration

                       central liquidity facility

    During fiscal year 2011, gross obligations of the Central Liquidity 
Facility for the principal amount of new direct loans to member credit 
unions, as authorized by 12 U.S.C. 1795 et seq., shall be the amount 
authorized by section 307(a)(4)(A) of the Federal Credit Union Act (12 
U.S.C. 1795f(a)(4)(A)): Provided, That administrative expenses of the 
Central Liquidity Facility in fiscal year 2011 shall not exceed 
$1,250,000.

               community development revolving loan fund

    For the Community Development Revolving Loan Fund program as 
authorized by 42 U.S.C. 9812, 9822 and 9910, $2,000,000 shall be 
available until September 30, 2012 for technical assistance to low-
income designated credit unions.

                      Office of Government Ethics

                         salaries and expenses

    For necessary expenses to carry out functions of the Office of 
Government Ethics pursuant to the Ethics in Government Act of 1978, and 
the Ethics Reform Act of 1989, including services as authorized by 5 
U.S.C. 3109, rental of conference rooms in the District of Columbia and 
elsewhere, hire of passenger motor vehicles, and not to exceed $1,500 
for official reception and representation expenses, $14,227,000.

                     Office of Personnel Management

                         salaries and expenses

                  (including transfer of trust funds)

    For necessary expenses to carry out functions of the Office of 
Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978 
and the Civil Service Reform Act of 1978, including services as 
authorized by 5 U.S.C. 3109; medical examinations performed for 
veterans by private physicians on a fee basis; rental of conference 
rooms in the District of Columbia and elsewhere; hire of passenger 
motor vehicles; not to exceed $2,500 for official reception and 
representation expenses; advances for reimbursements to applicable 
funds of the Office of Personnel Management and the Federal Bureau of 
Investigation for expenses incurred under Executive Order No. 10422 of 
January 9, 1953, as amended; and payment of per diem and/or subsistence 
allowances to employees where Voting Rights Act activities require an 
employee to remain overnight at his or her post of duty, $96,439,000, 
of which $670,210 shall be available to increase the agency's 
acquisition workforce capacity and capabilities; of which $6,004,000 
shall remain available until September 30, 2012 for the Enterprise 
Human Resources Integration project; $1,416,000 shall remain available 
until September 30, 2012 for the Human Resources Line of Business 
project; and in addition $121,738,000 for administrative expenses, to 
be transferred from the appropriate trust funds of the Office of 
Personnel Management without regard to other statutes, including direct 
procurement of printed materials, for the retirement and insurance 
programs, of which not more than $9,495,000 shall remain available 
until September 30, 2012 for the cost of implementing the new 
integrated financial system: Provided, That the provisions of this 
appropriation shall not affect the authority to use applicable trust 
funds as provided by sections 8348(a)(1)(B), and 9004(f)(2)(A) of title 
5, United States Code: Provided further, That no part of this 
appropriation shall be available for salaries and expenses of the Legal 
Examining Unit of the Office of Personnel Management established 
pursuant to Executive Order No. 9358 of July 1, 1943, or any successor 
unit of like purpose: Provided further, That the President's Commission 
on White House Fellows, established by Executive Order No. 11183 of 
October 3, 1964, may, during fiscal year 2011, accept donations of 
money, property, and personal services: Provided further, That such 
donations, including those from prior years, may be used for the 
development of publicity materials to provide information about the 
White House Fellows, except that no such donations shall be accepted 
for travel or reimbursement of travel expenses, or for the salaries of 
employees of such Commission: Provided further, That funds to increase 
the agency's acquisition workforce capacity and capabilities shall be 
available only to supplement and not to supplant existing acquisition 
workforce activities, and shall be available for training, recruitment, 
retention, and hiring additional members of the acquisition workforce 
as defined by the Office of Federal Procurement Policy Act, as amended 
(41 U.S.C. 401 et seq.): Provided further, That such acquisition 
workforce funds shall be available for information technology in 
support of acquisition workforce effectiveness or for management 
solutions to improve acquisition management: Provided further, That 
such acquisition workforce improvement funds may be transferred by the 
Director of OPM to any other account in the agency to carry out the 
purposes provided herein: Provided further, That such transfer 
authority is in addition to any other transfer authority provided in 
this Act.

                      office of inspector general

                         salaries and expenses

                  (including transfer of trust funds)

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
including services as authorized by 5 U.S.C. 3109, hire of passenger 
motor vehicles, $3,322,000, and in addition, not to exceed $21,888,000 
for administrative expenses to audit, investigate, and provide other 
oversight of the Office of Personnel Management's retirement and 
insurance programs, to be transferred from the appropriate trust funds 
of the Office of Personnel Management, as determined by the Inspector 
General: Provided, That the Inspector General is authorized to rent 
conference rooms in the District of Columbia and elsewhere.

      government payment for annuitants, employees health benefits

    For payment of Government contributions with respect to retired 
employees, as authorized by chapter 89 of title 5, United States Code, 
and the Retired Federal Employees Health Benefits Act (74 Stat. 849), 
such sums as may be necessary.

       government payment for annuitants, employee life insurance

    For payment of Government contributions with respect to employees 
retiring after December 31, 1989, as required by chapter 87 of title 5, 
United States Code, such sums as may be necessary.

        payment to civil service retirement and disability fund

    For financing the unfunded liability of new and increased annuity 
benefits becoming effective on or after October 20, 1969, as authorized 
by 5 U.S.C. 8348, and annuities under special Acts to be credited to 
the Civil Service Retirement and Disability Fund, such sums as may be 
necessary: Provided, That annuities authorized by the Act of May 29, 
1944, and the Act of August 19, 1950 (33 U.S.C. 771-775), may hereafter 
be paid out of the Civil Service Retirement and Disability Fund.

                       Office of Special Counsel

                         salaries and expenses

    For necessary expenses to carry out functions of the Office of 
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the 
Civil Service Reform Act of 1978 (Public Law 95-454), the Whistleblower 
Protection Act of 1989 (Public Law 101-12), Public Law 107-304, and the 
Uniformed Services Employment and Reemployment Rights Act of 1994 
(Public Law 103-353), including services as authorized by 5 U.S.C. 
3109, payment of fees and expenses for witnesses, rental of conference 
rooms in the District of Columbia and elsewhere, and hire of passenger 
motor vehicles; $19,486,000.

                      Postal Regulatory Commission

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses of the Postal Regulatory Commission in 
carrying out the provisions of the Postal Accountability and 
Enhancement Act (Public Law 109-435), $14,450,000, to be derived by 
transfer from the Postal Service Fund and expended as authorized by 
section 603(a) of such Act.

              Privacy and Civil Liberties Oversight Board

                         salaries and expenses

    For necessary expenses of the Privacy and Civil Liberties Oversight 
Board, as authorized by section 1061 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), $1,500,000, to 
remain available until September 30, 2011.

                   Securities and Exchange Commission

                         salaries and expenses

    For necessary expenses for the Securities and Exchange Commission, 
including services as authorized by 5 U.S.C. 3109, the rental of space 
(to include multiple year leases) in the District of Columbia and 
elsewhere, and not to exceed $3,500 for official reception and 
representation expenses, $1,300,000,000, to remain available until 
expended; of which not less than $6,000,000 shall be for the Office of 
Inspector General; of which not to exceed $30,000,000 may be used 
toward funding a permanent secretariat for the International 
Organization of Securities Commissions; of which not to exceed $100,000 
shall be available for expenses for consultations and meetings hosted 
by the Commission with foreign governmental and other regulatory 
officials, members of their delegations, appropriate representatives 
and staff to exchange views concerning developments relating to 
securities matters, development and implementation of cooperation 
agreements concerning securities matters and provision of technical 
assistance for the development of foreign securities markets, such 
expenses to include necessary logistic and administrative expenses and 
the expenses of Commission staff and foreign invitees in attendance at 
such consultations and meetings including: (1) such incidental expenses 
as meals taken in the course of such attendance; (2) any travel and 
transportation to or from such meetings; and (3) any other related 
lodging or subsistence; and of which not to exceed $483,130 shall be 
available to increase the Commission's acquisition workforce capacity 
and capabilities: Provided, That such acquisition workforce funds may 
be transferred by the Chairman to any other account in the Commission 
to carry out the purposes provided herein: Provided further, That such 
transfer authority is in addition to any other transfer authority 
provided in this Act: Provided further, That such acquisition workforce 
funds shall be available only to supplement and not to supplant 
existing acquisition workforce activities: Provided further, That such 
funds shall be available for training, recruitment, retention, and 
hiring additional members of the acquisition workforce as defined by 
the Office of Federal Procurement Policy Act, as amended (41 U.S.C. 401 
et seq.): Provided further, That such funds shall be available for 
information technology in support of acquisition workforce 
effectiveness and management: Provided further, That fees and charges 
authorized by sections 6(b) of the Securities Exchange Act of 1933 (15 
U.S.C. 77f(b)), and 13(e), 14(g) and 31 of the Securities Exchange Act 
of 1934 (15 U.S.C. 78m(e), 78n(g), and 78ee), shall be credited to this 
account as offsetting collections: Provided further, That not to exceed 
$1,300,000,000 of such offsetting collections shall be available until 
expended for necessary expenses of this account: Provided further, That 
the total amount appropriated under this heading from the general fund 
for fiscal year 2011 shall be reduced as such offsetting fees are 
received so as to result in a final total fiscal year 2011 
appropriation from the general fund estimated at not more than $0.

                        Selective Service System

                         salaries and expenses

    For necessary expenses of the Selective Service System, including 
expenses of attendance at meetings and of training for uniformed 
personnel assigned to the Selective Service System, as authorized by 5 
U.S.C. 4101-4118 for civilian employees; purchase of uniforms, or 
allowances therefor, as authorized by 5 U.S.C. 5901-5902; hire of 
passenger motor vehicles; services as authorized by 5 U.S.C. 3109; and 
not to exceed $750 for official reception and representation expenses; 
$25,400,000: Provided, That during the current fiscal year, the 
President may exempt this appropriation from the provisions of 31 
U.S.C. 1341, whenever the President deems such action to be necessary 
in the interest of national defense: Provided further, That none of the 
funds appropriated by this Act may be expended for or in connection 
with the induction of any person into the Armed Forces of the United 
States.

                     Small Business Administration

                         salaries and expenses

    For necessary expenses, not otherwise provided for, of the Small 
Business Administration as authorized by Public Law 108-447, including 
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 
1344, and not to exceed $3,500 for official reception and 
representation expenses, $464,000,000: Provided, That the Administrator 
is authorized to charge fees to cover the cost of publications 
developed by the Small Business Administration, and certain loan 
program activities, including fees authorized by section 5(b) of the 
Small Business Act: Provided further, That, notwithstanding 31 U.S.C. 
3302, revenues received from all such activities shall be credited to 
this account, to remain available until expended, for carrying out 
these purposes without further appropriations: Provided further, That 
$117,500,000 shall be available to fund grants for performance in 
fiscal year 2010 or fiscal year 2011 as authorized by section 21 of the 
Small Business Act, of which $1,000,000 shall be for the Veterans 
Assistance and Services Program authorized by section 21(n) of the 
Small Business Act, as added by section 107 of Public Law 110-186, and 
of which $1,000,000 shall be for the Small Business Energy Efficiency 
Program authorized by section 1203(c) of Public Law 110-140: Provided 
further, That $22,000,000 shall remain available until September 30, 
2012 for marketing, management, and technical assistance under section 
7(m) of the Small Business Act (15 U.S.C. 636(m)(4)) by intermediaries 
that make microloans under the microloan program: Provided further, 
That during fiscal year 2010, the applicable percentage under section 
7(m)(4)(A) of the Small Business Act shall be 50 percent: Provided 
further, That $15,347,700 shall be available for the Loan Modernization 
and Accounting System, to be available until September 30, 2011: 
Provided further, That $2,000,000 shall be for the Federal and State 
Technology Partnership Program under section 34 of the Small Business 
Act (15 U.S.C. 657d): Provided further, That $1,000,000, to remain 
available until September 30, 2012, shall be for a pilot program to 
provide financial assistance in the form of grants or cooperative 
agreements to educational institutions, nonprofit organizations, or 
State and local departments and agencies for the purposes of providing 
management or technical assistance to Hispanic small businesses: 
Provided further, That $1,767,090 shall be to supplement and not 
supplant training, recruitment, retention, and hiring additional 
members of the acquisition workforce as defined by the Office of 
Federal Procurement Policy Act, as amended (41 U.S.C. 401 et seq.) and 
for information technology in support of acquisition workforce 
effectiveness and management.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$18,000,000.

                 surety bond guarantees revolving fund

    For additional capital for the Surety Bond Guarantees Revolving 
Fund, authorized by the Small Business Investment Act of 1958, 
$1,000,000, to remain available until expended.

                     business loans program account

                     (including transfer of funds)

    For the cost of direct loans, $4,000,000, to remain available until 
expended, and for the cost of guaranteed loans as authorized by section 
7(a) of the Small Business Act, $195,386,000, to remain available until 
expended: Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974: Provided further, That subject to section 502 of 
the Congressional Budget Act of 1974, during fiscal year 2011 
commitments to guarantee loans under section 503 of the Small Business 
Investment Act of 1958 shall not exceed $7,500,000,000: Provided 
further, That during fiscal year 2011 commitments for general business 
loans authorized under section 7(a) of the Small Business Act shall not 
exceed $17,500,000,000 for a combination of amortizing term loans and 
the aggregated maximum line of credit provided by revolving loans:  
Provided further, That during fiscal year 2011 commitments to guarantee 
loans for debentures under section 303(b) of the Small Business 
Investment Act of 1958, shall not exceed $3,000,000,000: Provided 
further, That during fiscal year 2011, guarantees of trust certificates 
authorized by section 5(g) of the Small Business Act shall not exceed a 
principal amount of $12,000,000,000. In addition, for administrative 
expenses to carry out the direct and guaranteed loan programs, 
$157,000,000, which may be transferred to and merged with the 
appropriations for Salaries and Expenses.

                     disaster loans program account

                     (including transfers of funds)

    For administrative expenses to carry out the direct loan program 
authorized by section 7(b) of the Small Business Act, $203,000,000, to 
be available until expended, of which $1,000,000 is for the Office of 
Inspector General of the Small Business Administration for audits and 
reviews of disaster loans and the disaster loan programs and shall be 
transferred to and merged with the appropriations for the Office of 
Inspector General; of which $193,000,000 is for direct administrative 
expenses of loan making and servicing to carry out the direct loan 
program, which may be transferred to and merged with the appropriations 
for Salaries and Expenses; of which $9,000,000 is for indirect 
administrative expenses for the direct loan program, which may be 
transferred to and merged with the appropriations for Salaries and 
Expenses.

        administrative provisions--small business administration

                     (including transfer of funds)

    Sec. 520.  Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Small Business 
Administration in this Act may be transferred between such 
appropriations, but no such appropriation shall be increased by more 
than 10 percent by any such transfers: Provided, That any transfer 
pursuant to this paragraph shall be treated as a reprogramming of funds 
under section 608 of this Act and shall not be available for obligation 
or expenditure except in compliance with the procedures set forth in 
that section.
    Sec. 521.  All disaster loans issued in Alaska or North Dakota 
shall be administered by the Small Business Administration and shall 
not be sold during fiscal year 2010.
    Sec. 522.  Funds made available under Public Law 111-8 and Public 
Law 111-117 for Community Links Hawaii shall be made available to the 
Pacific International Center for High Technology Research.
    Sec. 523. (a) Subparagraph (A) of section 8(a)(6) of the Small 
Business Act (15 U.S.C. 637(a)(6)(A)) is amended by adding the 
following at the end: ``In taking into account the net worth of a 
socially disadvantaged individual under this subparagraph for purposes 
of determining if such individual is economically disadvantaged, the 
Administrator shall consider a net worth of less than $1,000,000 as 
indicating that the individual is economically disadvantaged.''
    (b) Subparagraph (C) of section 8(d)(3) of the Small Business Act 
(15 U.S.C. 637(d)(3)(C)) is amended by adding the following at the end: 
``The contractor shall presume that a socially disadvantaged individual 
is economically disadvantaged if such individual's net worth, as 
determined in accordance with this section, is less than $1,000,000.''.
    Sec. 524.  For an additional amount under the heading ``Small 
Business Administration--Salaries and Expenses'', $60,600,000, to 
remain available until September 30, 2012, which shall be for 
initiatives related to small business development and entrepreneurship, 
including programmatic and construction activities, of which $300,000 
shall be for the 4 Ag Hawaii, Improved Food Security through Small 
Business Development, Haleiwa, Hawaii; $125,000 shall be for the ACCION 
USA, Womens Link Program, for training and technical assistance for 
women-owned microenterprises, New York, New York; $125,000 shall be for 
the AccountAbility Minnesota for financial services assistance, St. 
Paul, Minnesota; $299,000 shall be for the Alaska Fisheries Development 
Foundation, Utilization of Seafood Processing Waste and Product 
Development, Naknek, Alaska; $200,000 shall be for the Anchorage 
Community Land Trust for a financial literacy and community development 
program, Anchorage, Alaska; $50,000 shall be for the Ben Franklin 
Technology Partners, Manufacturing Pennsylvania's Future 
commercialization initiative, Pennsylvania; $250,000 shall be for the 
Benedictine University, Small business training program, Lisle, 
Illinois; $100,000 shall be for the Big Sky Economic Development 
Authority for operating expenses of a revolving loan fund, Billings, 
Montana; $150,000 shall be for the Boise State University, 
Entrepreneurial Initiative, Boise, Idaho; $400,000 shall be for the 
Bradley University, small business training program, Peoria, Illinois; 
$500,000 shall be for the California Hispanic Chambers of Commerce, 
California Small Business Construction Initiative, Sacramento, 
California; $100,000 shall be for the Carnegie Mellon University, 
Carnegie Mellon Manufacturing Accelerator, Pittsburgh, Pennsylvania; 
$125,000 shall be for the Case Western Reserve University, Northern 
Ohio Structural Laboratories: Advanced Instrumentation for Northeast 
Ohio's Bio-imaging Cluster, Cleveland, Ohio; $100,000 shall be for the 
Center for Rural Affairs, New Entrepreneurial Initiatives for Rural 
Nebraska, Lyons, Nebraska; $175,000 shall be for the Center for Rural 
Entrepreneurship, Nebraska Entrepreneur Initiative, Lincoln, Nebraska; 
$150,000 shall be for the Central Corridor's Hmong Business Center, St. 
Paul, Minnesota; $400,000 shall be for the Chicago House and Social 
Service Agency, job training program, Chicago, Illinois; $400,000 shall 
be for the City of Carson City, High Tech Business Collaborative, 
Carson City, Nevada; $450,000 shall be for the City of Chicago, 
workforce retraining program, Chicago, Illinois; $500,000 shall be for 
the City of Denver, Denver Office of Strategic Partnerships 
Sustainability Project, Denver, Colorado; $100,000 shall be for the 
City of Gallup, Kachina business incubator and redevelopment efforts, 
Gallup, New Mexico; $100,000 shall be for the City of Port Huron 
Economic Redevelopment Initiative, Port Huron, Michigan; $125,000 shall 
be for the City of St. Cloud, Comprehensive Downtown Economic 
Development Plan and Program, St. Cloud, Minnesota; $200,000 shall be 
for the Colorado State University, Sustainable Biofuels Development 
Center, Ft. Collins, Colorado; $250,000 shall be for the Dakota Rising 
Rural Entrepreneur Fellowship Program, South Dakota Rural Enterprise, 
Sioux Falls, South Dakota; $100,000 shall be for the Dartmouth Regional 
Technology Center for additional business incubator space and support, 
Lebanon, New Hampshire; $100,000 shall be for the Davidson Green 
Business Incubator Initiative, Davidson, North Carolina; $150,000 shall 
be for the Downtown Salem Revitalization Toolbox program for economic 
development, Salem, Oregon; $150,000 shall be for the Eastern 
Connecticut State University, Center for Economic, Financial and 
Entrepreneurship Education, Willimantic, Connecticut; $50,000 shall be 
for the Fay-Penn Economic Development Council, Local Economy 
Initiative, Fayette County, Pennsylvania; $100,000 shall be for the 
Finlandia University and Jutila Center for Global Design and Business, 
business incubator, Hancock, Michigan; $175,000 shall be for the First 
State Community Loan Fund, for small business and community development 
technical assistance, Wilmington, Delaware; $137,500 shall be for the 
Grambling State University, Expanding Minority Entrepreneurship 
Regionally Across the Louisiana Delta (EMERALD), Grambling, Louisiana; 
$125,000 shall be for the Great Falls Development Authority, High 
Plains Financial Intermediary Loan Fund, for operating expenses of 
programs supporting small business development, Great Falls, Montana; 
$150,000 shall be for the Greater Bridgeport Community Enterprises, 
Urban Green Business Incubator, Bridgeport, Connecticut; $150,000 shall 
be for the Greater Cedar Valley Alliance, Bi-State Entrepreneurial 
Development Initiative, Iowa; $137,500 shall be for the Greater New 
Orleans regional economic alliance for Green New Orleans, a green 
business and jobs initiative, New Orleans, Louisiana; $50,000 shall be 
for the Greene County Department of Economic Development, Business Park 
Development Project, Waynesburg, Pennsylvania; $100,000 shall be for 
the Harford County, Maryland, Aberdeen Proving Ground Technical 
Assistance Business Development Office, Bel Air, Maryland; $150,000 
shall be for the Hartford Economic Development Corporation, Business 
Resource Center, Hartford, Connecticut; $100,000 shall be for the 
Institute for Entrepreneurial Leadership for technical assistance to 
minority and women business owners, Newark, New Jersey; $200,000 shall 
be for the International Trade Alliance, Washington BRIC Export 
Initiative, Spokane, Washington; $650,000 shall be for the Jackson 
State University for Economic and Community Development Through 
Heritage Tourism, Jackson, Mississippi; $150,000 shall be for the 
Jefferson Local Development Corporation for operating expenses of a 
revolving loan fund to support small business development, Whitehall, 
Montana; $200,000 shall be for the Johnson and Wales University, Higher 
Education Consortium for Rhode Island Entrepreneurship, Providence, 
Rhode Island; $50,000 shall be for the Johnson State College, Upward 
Bound, Lamoille County, Vermont; $150,000 shall be for the Kaskaskia 
College, job counseling and training initiative, Centralia, Illinois; 
$400,000 shall be for the Kennebec Valley Council of Governments, Rural 
Maine Employment Initiative, Fairfield, Maine; $125,000 shall be for 
the Lawrence-Douglas County Biosciences Authority, Bioscience & 
Technology Business Center, Lawrence, Kansas; $150,000 shall be for the 
Lewis and Clark Community College, job counseling and training 
initiative, Godfrey, Illinois; $150,000 shall be for the Lincoln 
County, Alamo Industrial Park Development, Alamo, Nevada; $250,000 
shall be for the Lyndon State College, Center for Business Education 
and Rural Entrepreneurship, Lyndonville, Vermont; $750,000 shall be for 
the Midcoast Regional Redevelopment Authority, Brunswick Science and 
Technology Business Incubator, Brunswick, Maine; $1,000,000 shall be 
for the Midwest China Hub Commission, St. Louis, Missouri; $650,000 
shall be for the Mississippi State University Entrepreneurship Center, 
Starkville, Mississippi; $1,000,000 shall be for the Mississippi 
Technology Alliance, Center for Innovation and Entrepreneurship, 
Ridgeland, Mississippi; $275,000 shall be for the Montclair State 
University, Institute for Sustainability Studies Business Incubator, 
Montclair, New Jersey; $100,000 shall be for the Mount Washington 
Valley Economic Council, North Country Small Business Education Center, 
Conway, New Hampshire; $600,000 shall be for the National Centers of 
Excellence Regional Technology Deployment Pilot Project, Orem, Utah; 
$150,000 shall be for the Nevada Center for Entrepreneurship and 
Technology, Small Business Entrepreneur Training, Reno, Nevada; $75,000 
shall be for the Northeast Organic Farming Association of Vermont, 
Farmer-to-Farmer Mentor Program for business development, Chittenden 
County, Vermont; $250,000 shall be for the Northern Kentucky University 
College of Informatics, Highland Heights, Kentucky; $1,000,000 shall be 
for the Northern Maine Acadian Development, Madawaska, Maine; $100,000 
shall be for the Northern Michigan University Upper Peninsula Center 
for Community and Economic Development, Marquette, Michigan; $125,000 
shall be for the Ohio University, Small Business Development for 
Appalachian Ohio's Emerging Biomass Industry, Athens, Ohio; $125,000 
shall be for the Oregon International Port of Coos Bay for the business 
center incubator, Coos Bay, Oregon; $650,000 shall be for the 
Pellissippi Research Centre on the Oak Ridge Corridor, Alcoa, 
Tennessee; $125,000 shall be for the PIPELINE Entrepreneurial 
Fellowship, Kansas; $125,000 shall be for the Portland Community 
College, Swan Island Training Center, Portland, Oregon; $100,000 shall 
be for the Prince George's County, Maryland, Africa Trade Office ``Farm 
to Port'' project, Largo, Maryland; $100,000 shall be for the Regional 
Development Corporation, New Mexico Youth Entrepreneurship Network, 
Santa Fe, New Mexico; $100,000 shall be for the Research and Technology 
Institute of West Michigan for InnovationWorks, technical assistance to 
inventors, entrepreneurs, and existing businesses, Grand Rapids, 
Michigan; $200,000 shall be for the Rock Valley College, job training 
and small business counseling program, Rockford, Illinois; $100,000 
shall be for the Rural Enterprise of Oklahoma, Small Business Resource 
Center, Cameron University, Lawton, Oklahoma; $100,000 shall be for the 
Rutgers, The State University of New Jersey, Newark Campus, New Jersey 
Entrepreneurship Development Initiative, Newark, New Jersey; $275,000 
shall be for the Safer Foundation, transitional employment program, 
Chicago, Illinois; $250,000 shall be for the Saint Xavier University, 
Minority small business initiative, Chicago, Illinois; $100,000 shall 
be for the Saratoga Economic Development Corporation, Saratoga Springs, 
New York; $226,000 shall be for the Sauk Valley Community College, Job 
training and certification program, Dixon, Illinois; $100,000 shall be 
for the Seminole State College's Economic Development Program for 
Business Recruitment and Retention, Seminole, Oklahoma; $500,000 shall 
be for the Sirti Foundation for capacity building and education, 
technical assistance, and training for technology entrepreneurship, 
Spokane, Washington; $300,000 shall be for the Souris Basin Regional 
Planning Council, North Dakota Rural Economic Area Partnership Zones, 
Minot, North Dakota; $100,000 shall be for the Student Assistance 
Foundation for a financial education program, Helena, Montana; $100,000 
shall be for the Taos Pueblo village economic development, Taos, New 
Mexico; $100,000 shall be for the Tapetes de Lana for economic 
development, Mora, New Mexico; $100,000 shall be for The Enterprise 
Center, Minority Business Development Initiative, Philadelphia, 
Pennsylvania; $125,000 shall be for The Greater Harlem Chamber of 
Commerce, Upper Manhattan Tourism and Tourism Related Small Business 
Initiative, New York, New York; $100,000 shall be for The Nussbaum 
Center for Entrepreneurship, Business Incubator Renovation, Greensboro, 
North Carolina; $100,000 shall be for the University at Albany, State 
University of New York, National Clearinghouse for Research and 
Education in Financial Market Regulation, Albany, New York; $1,250,000 
shall be for the University of Alabama, Rural Health Entrepreneurial 
Development Project, Tuscaloosa, Alabama; $275,000 shall be for the 
University of Arkansas at Little Rock, Small Business Innovation 
Center, Little Rock, Arkansas; $275,000 shall be for the University of 
Arkansas at Pine Bluff, Business Support Incubator, Pine Bluff, 
Arkansas; $175,000 shall be for the University of Delaware, Delaware 
Small Business Development Center, Newark, Delaware; $100,000 shall be 
for the University of Louisiana at Monroe, Business Incubator 
Renovation, Louisiana; $550,000 shall be for the University of Maine at 
Farmington, Western Maine Rural Small Business Initiative, Farmington, 
Maine; $400,000 shall be for the University of Memphis, Memphis Center 
for Entrepreneurship and Innovation, Memphis, Tennessee; $250,000 shall 
be for the University of Mississippi, Technology Commercialization 
Initiative, Oxford, Mississippi; $150,000 shall be for the University 
of Nevada Reno, Veteran Business and Workforce Development Initiative, 
Reno, Nevada; $250,000 shall be for the University of Northern Iowa, 
MyEntre.Net, A National Entrepreneurship Support Network, Cedar Falls, 
Iowa; $250,000 shall be for the University of Rhode Island Research 
Foundation, for technical assistance and outreach to support start-up 
and emerging businesses, South Kingstown, Rhode Island; $200,000 shall 
be for the University of South Florida Business Incubator Project, 
Bartow, Florida; $500,000 shall be for the University of Southern 
California, Center for Community Development, Los Angeles, California; 
$650,000 shall be for the University of Southern Mississippi, Early 
Stage Entrepreneur/Commercialization Development, Hattiesburg, 
Mississippi; $250,000 shall be for the University of Wisconsin-
Milwaukee for business development related to clean water technologies, 
Milwaukee, Wisconsin; $50,000 shall be for the Urban League of 
Philadelphia Entrepreneurship Center, Philadelphia, Pennsylvania; 
$75,000 shall be for the Vermont Worker's Center, financial literacy 
workshops, Chittenden County, Vermont; $400,000 shall be for the 
Virginia Community College System, Virginia Veterans Workforce 
Development Project, Richmond, Virginia; $200,000 shall be for the 
Washington Hancock Community Agency, Rural Business Energizer Program, 
Milbridge, Maine; $250,000 shall be for the West Virginia University at 
Parkersburg, downtown center economic development, Parkersburg, West 
Virginia; $750,000 shall be for the Western Kentucky University Bowling 
Green Data Center, Bowling Green, Kentucky; $150,000 shall be for the 
Western Nevada College, Advanced Manufacturing Workforce Collaborative, 
Carson City, Nevada; $100,000 shall be for the Western New England 
College for an entrepreneurship initiative, Springfield, Massachusetts; 
$300,000 shall be for the Western Washington University, National 
Center for Economic Vitality, Bellingham, Washington; $100,000 shall be 
for the Williston State College for developing curriculum and delivery 
methods to address workforce shortage, Williston, North Dakota; 
$200,000 shall be for the Wilmington College, Kettering Agriculture and 
Life Science Small Business incubator, Wilmington, Ohio; $50,000 shall 
be for the World Trade Center Institute Delaware, Online Training 
Program, Wilmington, Delaware; $100,000 shall be for the YWCA Malden, 
Financial Education and Advancement for Micro-Enterprises and At-Risk 
Families, Malden, Massachusetts.

                      United States Postal Service

                   payment to the postal service fund

    For payment to the Postal Service Fund for revenue forgone on free 
and reduced rate mail, pursuant to subsections (c) and (d) of section 
2401 of title 39, United States Code, $103,905,000, of which 
$74,905,000 shall not be available for obligation until October 1, 
2011: Provided, That mail for overseas voting and mail for the blind 
shall continue to be free: Provided further, That 6-day delivery and 
rural delivery of mail shall continue at not less than the 1983 level: 
Provided further, That none of the funds made available to the Postal 
Service by this Act shall be used to implement any rule, regulation, or 
policy of charging any officer or employee of any State or local child 
support enforcement agency, or any individual participating in a State 
or local program of child support enforcement, a fee for information 
requested or provided concerning an address of a postal customer: 
Provided further, That none of the funds provided in this Act shall be 
used to consolidate or close small rural and other small post offices 
in fiscal year 2011.

                      office of inspector general

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$244,397,000, to be derived by transfer from the Postal Service Fund 
and expended as authorized by section 603(b)(3) of the Postal 
Accountability and Enhancement Act (Public Law 109-435).

                        United States Tax Court

                         salaries and expenses

    For necessary expenses, including contract reporting and other 
services as authorized by 5 U.S.C. 3109, $54,625,000, of which 
$2,424,000 shall remain available until September 30, 2012: Provided, 
That travel expenses of the judges shall be paid upon the written 
certificate of the judge.

                                TITLE VI

                      GENERAL PROVISIONS--THIS ACT

    Sec. 601.  None of the funds in this Act shall be used for the 
planning or execution of any program to pay the expenses of, or 
otherwise compensate, non-Federal parties intervening in regulatory or 
adjudicatory proceedings funded in this Act.
    Sec. 602.  None of the funds appropriated in this Act shall remain 
available for obligation beyond the current fiscal year, nor may any be 
transferred to other appropriations, unless expressly so provided 
herein.
    Sec. 603.  The expenditure of any appropriation under this Act for 
any consulting service through procurement contract pursuant to 5 
U.S.C. 3109, shall be limited to those contracts where such 
expenditures are a matter of public record and available for public 
inspection, except where otherwise provided under existing law, or 
under existing Executive order issued pursuant to existing law.
    Sec. 604.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 605.  None of the funds made available by this Act shall be 
available for any activity or for paying the salary of any Government 
employee where funding an activity or paying a salary to a Government 
employee would result in a decision, determination, rule, regulation, 
or policy that would prohibit the enforcement of section 307 of the 
Tariff Act of 1930 (19 U.S.C. 1307).
    Sec. 606.  No funds appropriated pursuant to this Act may be 
expended by an entity unless the entity agrees that in expending the 
assistance the entity will comply with the Buy American Act (41 U.S.C. 
10a-10c).
    Sec. 607.  No funds appropriated or otherwise made available under 
this Act shall be made available to any person or entity that has been 
convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
    Sec. 608.  Except as otherwise provided in this Act, none of the 
funds provided in this Act, provided by previous appropriations Acts to 
the agencies or entities funded in this Act that remain available for 
obligation or expenditure in fiscal year 2011, or provided from any 
accounts in the Treasury derived by the collection of fees and 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a 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 the Committee 
on Appropriations of either the House of Representatives or the Senate 
for a different purpose; (5) augments existing programs, projects, or 
activities in excess of $5,000,000 or 10 percent, whichever is less; 
(6) reduces existing programs, projects, or activities by $5,000,000 or 
10 percent, whichever is less; or (7) creates or reorganizes offices, 
programs, or activities unless prior approval is received from the 
Committees on Appropriations of the House of Representatives and the 
Senate: Provided, That prior to any significant reorganization or 
restructuring of offices, programs, or activities, each agency or 
entity funded in this Act shall consult with the Committees on 
Appropriations of the House of Representatives and the Senate: Provided 
further, That not later than 60 days after the date of enactment of 
this Act, each agency funded by this Act shall submit a report to the 
Committees on Appropriations of the House of Representatives and the 
Senate to establish the baseline for application of reprogramming and 
transfer authorities for the current fiscal year: Provided further, 
That the report shall include: (1) a table for each appropriation with 
a separate column to display the President's budget request, 
adjustments made by Congress, adjustments due to enacted rescissions, 
if appropriate, and the fiscal year enacted level; (2) a delineation in 
the table for each appropriation both by object class and program, 
project, and activity as detailed in the budget appendix for the 
respective appropriation; and (3) an identification of items of special 
congressional interest: Provided further, That the amount appropriated 
or limited for salaries and expenses for an agency shall be reduced by 
$100,000 per day for each day after the required date that the report 
has not been submitted to the Congress.
    Sec. 609.  Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the 
end of fiscal year 2011 from appropriations made available for salaries 
and expenses for fiscal year 2011 in this Act, shall remain available 
through September 30, 2012, for each such account for the purposes 
authorized: Provided, That a request shall be submitted to the 
Committees on Appropriations of the House of Representatives and the 
Senate for approval prior to the expenditure of such funds: Provided 
further, That these requests shall be made in compliance with 
reprogramming guidelines.
    Sec. 610.  None of the funds made available in this Act may be used 
by the Executive Office of the President to request from the Federal 
Bureau of Investigation any official background investigation report on 
any individual, except when--
            (1) such individual has given his or her express written 
        consent for such request not more than 6 months prior to the 
        date of such request and during the same presidential 
        administration; or
            (2) such request is required due to extraordinary 
        circumstances involving national security.
    Sec. 611.  The cost accounting standards promulgated under section 
26 of the Office of Federal Procurement Policy Act (Public Law 93-400; 
41 U.S.C. 422) shall not apply with respect to a contract under the 
Federal Employees Health Benefits Program established under chapter 89 
of title 5, United States Code.
    Sec. 612.  For the purpose of resolving litigation and implementing 
any settlement agreements regarding the nonforeign area cost-of-living 
allowance program, the Office of Personnel Management may accept and 
utilize (without regard to any restriction on unanticipated travel 
expenses imposed in an Appropriations Act) funds made available to the 
Office of Personnel Management pursuant to court approval.
    Sec. 613.  In order to promote Government access to commercial 
information technology, the restriction on purchasing nondomestic 
articles, materials, and supplies set forth in the Buy American Act (41 
U.S.C. 10a et seq.), shall not apply to the acquisition by the Federal 
Government of information technology (as defined in section 11101 of 
title 40, United States Code), that is a commercial item (as defined in 
section 4(12) of the Office of Federal Procurement Policy Act (41 
U.S.C. 403(12)).
    Sec. 614.  Notwithstanding section 1353 of title 31, United States 
Code, no officer or employee of any regulatory agency or commission 
funded by this Act may accept on behalf of that agency, nor may such 
agency or commission accept, payment or reimbursement from a non-
Federal entity for travel, subsistence, or related expenses for the 
purpose of enabling an officer or employee to attend and participate in 
any meeting or similar function relating to the official duties of the 
officer or employee when the entity offering payment or reimbursement 
is a person or entity subject to regulation by such agency or 
commission, or represents a person or entity subject to regulation by 
such agency or commission, unless the person or entity is an 
organization described in section 501(c)(3) of the Internal Revenue 
Code of 1986 and exempt from tax under section 501(a) of such Code.
    Sec. 615.  The Public Company Accounting Oversight Board shall have 
authority to obligate funds for the scholarship program established by 
section 109(c)(2) of the Sarbanes-Oxley Act of 2002 (Public Law 107-
204) in an aggregate amount not exceeding the amount of funds collected 
by the Board as of December 31, 2010, including accrued interest, as a 
result of the assessment of monetary penalties. Funds available for 
obligation in fiscal year 2011 shall remain available until expended.
    Sec. 616.  From the unobligated balances of prior year 
appropriations made available for the Privacy and Civil Liberties 
Oversight Board, $1,500,000 are rescinded.
    Sec. 617.  Notwithstanding section 708 of this Act, funds made 
available to the Commodity Futures Trading Commission and the 
Securities and Exchange Commission by this or any other Act may be used 
for the interagency funding and sponsorship of a joint advisory 
committee to advise on emerging regulatory issues.
    Sec. 618.  Any expenses incurred by the Election Assistance 
Commission using amounts appropriated under the heading ``Election 
Assistance Commission, Election Reform Programs'' in the 
Transportation, Treasury, and Independent Agencies Appropriations Act, 
2004 (Public Law 108-199; 118 Stat. 327) for any program or activity 
which the Commission is authorized to carry out under the Help America 
Vote Act of 2002 shall be considered to have been incurred for the 
programs and activities described under such heading.
    Sec. 619.  Section 1107 of title 31, United States Code, is amended 
by adding to the end thereof the following: ``The President shall 
transmit promptly to Congress without change, proposed deficiency and 
supplemental appropriations submitted to the President by the 
legislative branch and the judicial branch.''.
    Sec. 620.  Section 7 of the Abraham Lincoln Commemorative Coin Act 
(31 U.S.C. Sec.  5112 note) is amended in subsection (b) by striking 
``Abraham Lincoln Bicentennial Commission to further the work of the 
Commission'' and inserting ``Abraham Lincoln Bicentennial Foundation 
for the purposes of commemorating the bicentennial of the birth of 
Abraham Lincoln, and fostering and promoting the awareness and study of 
the life of Abraham Lincoln'' and in subsection (c) by striking 
``Abraham Lincoln Bicentennial Commission'' and inserting ``Abraham 
Lincoln Bicentennial Foundation''.
    Sec. 621.  During fiscal year 2011, for purposes of section 
908(b)(1) of the Trade Sanctions Reform and Export Enhancement Act of 
2000 (22 U.S.C. 7207(b)(1)), the term ``payment of cash in advance'' 
shall be interpreted as payment before the transfer of title to, and 
control of, the exported items to the Cuban purchaser.

                               TITLE VII

                  GENERAL PROVISIONS--GOVERNMENT-WIDE

                Departments, Agencies, and Corporations

    Sec. 701.  No department, agency, or instrumentality of the United 
States receiving appropriated funds under this or any other Act for 
fiscal year 2011 shall obligate or expend any such funds, unless such 
department, agency, or instrumentality has in place, and will continue 
to administer in good faith, a written policy designed to ensure that 
all of its workplaces are free from the illegal use, possession, or 
distribution of controlled substances (as defined in the Controlled 
Substances Act (21 U.S.C. 802)) by the officers and employees of such 
department, agency, or instrumentality.
    Sec. 702.  Unless otherwise specifically provided, the maximum 
amount allowable during the current fiscal year in accordance with 
subsection 1343(c) of title 31, United States Code, for the purchase of 
any passenger motor vehicle (exclusive of buses, ambulances, law 
enforcement, and undercover surveillance vehicles), is hereby fixed at 
$13,197 except station wagons for which the maximum shall be $13,631: 
Provided, That these limits may be exceeded by not to exceed $3,700 for 
police-type vehicles, and by not to exceed $4,000 for special heavy-
duty vehicles: Provided further, That the limits set forth in this 
section may not be exceeded by more than 5 percent for electric or 
hybrid vehicles purchased for demonstration under the provisions of the 
Electric and Hybrid Vehicle Research, Development, and Demonstration 
Act of 1976: Provided further, That the limits set forth in this 
section may be exceeded by the incremental cost of clean alternative 
fuels vehicles acquired pursuant to Public Law 101-549 over the cost of 
comparable conventionally fueled vehicles: Provided further, That the 
limits set forth in this section shall not apply to any vehicle that is 
a commercial item and which operates on emerging motor vehicle 
technology, including but not limited to electric, plug-in hybrid 
electric, and hydrogen fuel cell vehicles.
    Sec. 703.  Appropriations of the executive departments and 
independent establishments for the current fiscal year available for 
expenses of travel, or for the expenses of the activity concerned, are 
hereby made available for quarters allowances and cost-of-living 
allowances, in accordance with 5 U.S.C. 5922-5924.
    Sec. 704.  Unless otherwise specified during the current fiscal 
year, no part of any appropriation contained in this or any other Act 
shall be used to pay the compensation of any officer or employee of the 
Government of the United States (including any agency the majority of 
the stock of which is owned by the Government of the United States) 
whose post of duty is in the continental United States unless such 
person: (1) is a citizen of the United States; (2) is a person who is 
lawfully admitted for permanent residence and is seeking citizenship as 
outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a person who is admitted as 
a refugee under 8 U.S.C. 1157 or is granted asylum under 8 U.S.C. 1158 
and has filed a declaration of intention to become a lawful permanent 
resident and then a citizen when eligible; or (4) is a person who owes 
allegiance to the United States: Provided, That for purposes of this 
section, affidavits signed by any such person shall be considered prima 
facie evidence that the requirements of this section with respect to 
his or her status are being complied with: Provided further, That for 
purposes of subsections (2) and (3) such affidavits shall be submitted 
prior to employment and updated thereafter as necessary: Provided 
further, That any person making a false affidavit shall be guilty of a 
felony, and upon conviction, shall be fined no more than $4,000 or 
imprisoned for not more than 1 year, or both: Provided further, That 
the above penal clause shall be in addition to, and not in substitution 
for, any other provisions of existing law: Provided further, That any 
payment made to any officer or employee contrary to the provisions of 
this section shall be recoverable in action by the Federal Government: 
Provided further, That this section shall not apply to any person who 
is an officer or employee of the Government of the United States on the 
date of enactment of this Act, or to international broadcasters 
employed by the Broadcasting Board of Governors, or to temporary 
employment of translators, or to temporary employment in the field 
service (not to exceed 60 days) as a result of emergencies: Provided 
further, That this section does not apply to the employment as Wildland 
firefighters for not more than 120 days of nonresident aliens employed 
by the Department of the Interior or the USDA Forest Service pursuant 
to an agreement with another country.
    Sec. 705.  Appropriations available to any department or agency 
during the current fiscal year for necessary expenses, including 
maintenance or operating expenses, shall also be available for payment 
to the General Services Administration for charges for space and 
services and those expenses of renovation and alteration of buildings 
and facilities which constitute public improvements performed in 
accordance with the Public Buildings Act of 1959 (73 Stat. 479), the 
Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable 
law.
    Sec. 706.  In addition to funds provided in this or any other Act, 
all Federal agencies are authorized to receive and use funds resulting 
from the sale of materials, including Federal records disposed of 
pursuant to a records schedule recovered through recycling or waste 
prevention programs. Such funds shall be available until expended for 
the following purposes:
            (1) Acquisition, waste reduction and prevention, and 
        recycling programs as described in Executive Order No. 13423 
        (January 24, 2007), including any such programs adopted prior 
        to the effective date of the Executive order.
            (2) Other Federal agency environmental management programs, 
        including, but not limited to, the development and 
        implementation of hazardous waste management and pollution 
        prevention programs.
            (3) Other employee programs as authorized by law or as 
        deemed appropriate by the head of the Federal agency.
    Sec. 707.  Funds made available by this or any other Act for 
administrative expenses in the current fiscal year of the corporations 
and agencies subject to chapter 91 of title 31, United States Code, 
shall be available, in addition to objects for which such funds are 
otherwise available, for rent in the District of Columbia; services in 
accordance with 5 U.S.C. 3109; and the objects specified under this 
head, all the provisions of which shall be applicable to the 
expenditure of such funds unless otherwise specified in the Act by 
which they are made available: Provided, That in the event any 
functions budgeted as administrative expenses are subsequently 
transferred to or paid from other funds, the limitations on 
administrative expenses shall be correspondingly reduced.
    Sec. 708.  No part of any appropriation contained in this or any 
other Act shall be available for interagency financing of boards 
(except Federal Executive Boards), commissions, councils, committees, 
or similar groups (whether or not they are interagency entities) which 
do not have a prior and specific statutory approval to receive 
financial support from more than one agency or instrumentality.
    Sec. 709.  None of the funds made available pursuant to the 
provisions of this Act shall be used to implement, administer, or 
enforce any regulation which has been disapproved pursuant to a joint 
resolution duly adopted in accordance with the applicable law of the 
United States.
    Sec. 710. (a) Notwithstanding any other provision of law, and 
except as otherwise provided in this section, no part of any of the 
funds appropriated for fiscal year 2011, by this or any other Act, may 
be used to pay any prevailing rate employee described in section 
5342(a)(2)(A) of title 5, United States Code--
            (1) during the period from the date of expiration of the 
        limitation imposed by the comparable section for previous 
        fiscal years until the normal effective date of the applicable 
        wage survey adjustment that is to take effect in fiscal year 
        2011, in an amount that exceeds the rate payable for the 
        applicable grade and step of the applicable wage schedule in 
        accordance with such section; and
            (2) during the period consisting of the remainder of fiscal 
        year 2011, in an amount that exceeds, as a result of a wage 
        survey adjustment, the rate payable under paragraph (1) by more 
        than the sum of--
                    (A) the percentage adjustment taking effect in 
                fiscal year 2011 under section 5303 of title 5, United 
                States Code, in the rates of pay under the General 
                Schedule; and
                    (B) the difference between the overall average 
                percentage of the locality-based comparability payments 
                taking effect in fiscal year 2011 under section 5304 of 
                such title (whether by adjustment or otherwise), and 
                the overall average percentage of such payments which 
                was effective in the previous fiscal year under such 
                section.
    (b) Notwithstanding any other provision of law, no prevailing rate 
employee described in subparagraph (B) or (C) of section 5342(a)(2) of 
title 5, United States Code, and no employee covered by section 5348 of 
such title, may be paid during the periods for which subsection (a) is 
in effect at a rate that exceeds the rates that would be payable under 
subsection (a) were subsection (a) applicable to such employee.
    (c) For the purposes of this section, the rates payable to an 
employee who is covered by this section and who is paid from a schedule 
not in existence on September 30, 2010, shall be determined under 
regulations prescribed by the Office of Personnel Management.
    (d) Notwithstanding any other provision of law, rates of premium 
pay for employees subject to this section may not be changed from the 
rates in effect on September 30, 2010, except to the extent determined 
by the Office of Personnel Management to be consistent with the purpose 
of this section.
    (e) This section shall apply with respect to pay for service 
performed after September 30, 2010.
    (f) For the purpose of administering any provision of law 
(including any rule or regulation that provides premium pay, 
retirement, life insurance, or any other employee benefit) that 
requires any deduction or contribution, or that imposes any requirement 
or limitation on the basis of a rate of salary or basic pay, the rate 
of salary or basic pay payable after the application of this section 
shall be treated as the rate of salary or basic pay.
    (g) Nothing in this section shall be considered to permit or 
require the payment to any employee covered by this section at a rate 
in excess of the rate that would be payable were this section not in 
effect.
    (h) The Office of Personnel Management may provide for exceptions 
to the limitations imposed by this section if the Office determines 
that such exceptions are necessary to ensure the recruitment or 
retention of qualified employees.
    Sec. 711.  During the period in which the head of any department or 
agency, or any other officer or civilian employee of the Federal 
Government appointed by the President of the United States, holds 
office, no funds may be obligated or expended in excess of $5,000 to 
furnish or redecorate the office of such department head, agency head, 
officer, or employee, or to purchase furniture or make improvements for 
any such office, unless advance notice of such furnishing or 
redecoration is transmitted to the Committees on Appropriations of the 
House of Representatives and the Senate. For the purposes of this 
section, the term ``office'' shall include the entire suite of offices 
assigned to the individual, as well as any other space used primarily 
by the individual or the use of which is directly controlled by the 
individual.
    Sec. 712.  Notwithstanding section 31 U.S.C. 1346, or section 708 
of this Act, funds made available for the current fiscal year by this 
or any other Act shall be available for the interagency funding of 
national security and emergency preparedness telecommunications 
initiatives which benefit multiple Federal departments, agencies, or 
entities, as provided by Executive Order No. 12472 (April 3, 1984).
    Sec. 713. (a) None of the funds appropriated by this or any other 
Act may be obligated or expended by any Federal department, agency, or 
other instrumentality for the salaries or expenses of any employee 
appointed to a position of a confidential or policy-determining 
character excepted from the competitive service pursuant to 5 U.S.C. 
3302, without a certification to the Office of Personnel Management 
from the head of the Federal department, agency, or other 
instrumentality employing the Schedule C appointee that the Schedule C 
position was not created solely or primarily in order to detail the 
employee to the White House.
    (b) The provisions of this section shall not apply to Federal 
employees or members of the armed forces detailed to or from--
            (1) the Central Intelligence Agency;
            (2) the National Security Agency;
            (3) the Defense Intelligence Agency;
            (4) the National Geospatial-Intelligence Agency;
            (5) the offices within the Department of Defense for the 
        collection of specialized national foreign intelligence through 
        reconnaissance programs;
            (6) the Bureau of Intelligence and Research of the 
        Department of State;
            (7) any agency, office, or unit of the Army, Navy, Air 
        Force, and Marine Corps, the Department of Homeland Security, 
        the Federal Bureau of Investigation and the Drug Enforcement 
        Administration of the Department of Justice, the Department of 
        Transportation, the Department of the Treasury, and the 
        Department of Energy performing intelligence functions; and
            (8) the Director of National Intelligence or the Office of 
        the Director of National Intelligence.
    Sec. 714.  No part of any appropriation contained in this or any 
other Act shall be available for the payment of the salary of any 
officer or employee of the Federal Government, who--
            (1) prohibits or prevents, or attempts or threatens to 
        prohibit or prevent, any other officer or employee of the 
        Federal Government from having any direct oral or written 
        communication or contact with any Member, committee, or 
        subcommittee of the Congress in connection with any matter 
        pertaining to the employment of such other officer or employee 
        or pertaining to the department or agency of such other officer 
        or employee in any way, irrespective of whether such 
        communication or contact is at the initiative of such other 
        officer or employee or in response to the request or inquiry of 
        such Member, committee, or subcommittee; or
            (2) removes, suspends from duty without pay, demotes, 
        reduces in rank, seniority, status, pay, or performance or 
        efficiency rating, denies promotion to, relocates, reassigns, 
        transfers, disciplines, or discriminates in regard to any 
        employment right, entitlement, or benefit, or any term or 
        condition of employment of, any other officer or employee of 
        the Federal Government, or attempts or threatens to commit any 
        of the foregoing actions with respect to such other officer or 
        employee, by reason of any communication or contact of such 
        other officer or employee with any Member, committee, or 
        subcommittee of the Congress as described in paragraph (1).
    Sec. 715. (a) None of the funds made available in this or any other 
Act may be obligated or expended for any employee training that--
            (1) does not meet identified needs for knowledge, skills, 
        and abilities bearing directly upon the performance of official 
        duties;
            (2) contains elements likely to induce high levels of 
        emotional response or psychological stress in some 
        participants;
            (3) does not require prior employee notification of the 
        content and methods to be used in the training and written end 
        of course evaluation;
            (4) contains any methods or content associated with 
        religious or quasi-religious belief systems or ``new age'' 
        belief systems as defined in Equal Employment Opportunity 
        Commission Notice N-915.022, dated September 2, 1988; or
            (5) is offensive to, or designed to change, participants--
        personal values or lifestyle outside the workplace.
    (b) Nothing in this section shall prohibit, restrict, or otherwise 
preclude an agency from conducting training bearing directly upon the 
performance of official duties.
    Sec. 716.  No funds appropriated in this or any other Act may be 
used to implement or enforce the agreements in Standard Forms 312 and 
4414 of the Government or any other nondisclosure policy, form, or 
agreement if such policy, form, or agreement does not contain the 
following provisions: ``These restrictions are consistent with and do 
not supersede, conflict with, or otherwise alter the employee 
obligations, rights, or liabilities created by Executive Order No. 
12958; section 7211 of title 5, United States Code (governing 
disclosures to Congress); section 1034 of title 10, United States Code, 
as amended by the Military Whistleblower Protection Act (governing 
disclosure to Congress by members of the military); section 2302(b)(8) 
of title 5, United States Code, as amended by the Whistleblower 
Protection Act of 1989 (governing disclosures of illegality, waste, 
fraud, abuse or public health or safety threats); the Intelligence 
Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing 
disclosures that could expose confidential Government agents); and the 
statutes which protect against disclosure that may compromise the 
national security, including sections 641, 793, 794, 798, and 952 of 
title 18, United States Code, and section 4(b) of the Subversive 
Activities Act of 1950 (50 U.S.C. 783(b)). The definitions, 
requirements, obligations, rights, sanctions, and liabilities created 
by said Executive order and listed statutes are incorporated into this 
agreement and are controlling.'': Provided, That notwithstanding the 
preceding paragraph, a nondisclosure policy form or agreement that is 
to be executed by a person connected with the conduct of an 
intelligence or intelligence-related activity, other than an employee 
or officer of the United States Government, may contain provisions 
appropriate to the particular activity for which such document is to be 
used. Such form or agreement shall, at a minimum, require that the 
person will not disclose any classified information received in the 
course of such activity unless specifically authorized to do so by the 
United States Government. Such nondisclosure forms shall also make it 
clear that they do not bar disclosures to Congress, or to an authorized 
official of an executive agency or the Department of Justice, that are 
essential to reporting a substantial violation of law.
    Sec. 717.  No part of any funds appropriated in this or any other 
Act shall be used by an agency of the executive branch, other than for 
normal and recognized executive-legislative relationships, for 
publicity or propaganda purposes, and for the preparation, distribution 
or use of any kit, pamphlet, booklet, publication, radio, television, 
or film presentation designed to support or defeat legislation pending 
before the Congress, except in presentation to the Congress itself.
    Sec. 718.  None of the funds appropriated by this or any other Act 
may be used by an agency to provide a Federal employee's home address 
to any labor organization except when the employee has authorized such 
disclosure or when such disclosure has been ordered by a court of 
competent jurisdiction.
    Sec. 719.  None of the funds made available in this Act or any 
other Act may be used to provide any non-public information such as 
mailing or telephone lists to any person or any organization outside of 
the Federal Government without the approval of the Committees on 
Appropriations of the House of Representatives and the Senate.
    Sec. 720.  No part of any appropriation contained in this or any 
other Act shall be used directly or indirectly, including by private 
contractor, for publicity or propaganda purposes within the United 
States not heretofore authorized by the Congress.
    Sec. 721. (a) In this section, the term ``agency''--
            (1) means an Executive agency, as defined under 5 U.S.C. 
        105;
            (2) includes a military department, as defined under 
        section 102 of such title, the Postal Service, and the Postal 
        Regulatory Commission; and
            (3) shall not include the Government Accountability Office.
    (b) Unless authorized in accordance with law or regulations to use 
such time for other purposes, an employee of an agency shall use 
official time in an honest effort to perform official duties. An 
employee not under a leave system, including a Presidential appointee 
exempted under 5 U.S.C. 6301(2), has an obligation to expend an honest 
effort and a reasonable proportion of such employee's time in the 
performance of official duties.
    Sec. 722.  Notwithstanding 31 U.S.C. 1346 and section 708 of this 
Act, funds made available for the current fiscal year by this or any 
other Act to any department or agency, which is a member of the Federal 
Accounting Standards Advisory Board (FASAB), shall be available to 
finance an appropriate share of FASAB administrative costs.
    Sec. 723.  Notwithstanding any other provision of law, a woman may 
breastfeed her child at any location in a Federal building or on 
Federal property, if the woman and her child are otherwise authorized 
to be present at the location.
    Sec. 724.  Notwithstanding 31 U.S.C. 1346, or section 708 of this 
Act, funds made available for the current fiscal year by this or any 
other Act shall be available for the interagency funding of specific 
projects, workshops, studies, and similar efforts to carry out the 
purposes of the National Science and Technology Council (authorized by 
Executive Order No. 12881), which benefit multiple Federal departments, 
agencies, or entities: Provided, That the Office of Management and 
Budget shall provide a report describing the budget of and resources 
connected with the National Science and Technology Council to the 
Committees on Appropriations, the House Committee on Science and 
Technology, and the Senate Committee on Commerce, Science, and 
Transportation 90 days after enactment of this Act.
    Sec. 725.  Any request for proposals, solicitation, grant 
application, form, notification, press release, or other publications 
involving the distribution of Federal funds shall indicate the agency 
providing the funds, the Catalog of Federal Domestic Assistance Number, 
as applicable, and the amount provided: Provided, That this provision 
shall apply to direct payments, formula funds, and grants received by a 
State receiving Federal funds.
    Sec. 726. (a) Prohibition of Federal Agency Monitoring of 
Individuals' Internet Use.--None of the funds made available in this or 
any other Act may be used by any Federal agency--
            (1) to collect, review, or create any aggregation of data, 
        derived from any means, that includes any personally 
        identifiable information relating to an individual's access to 
        or use of any Federal Government Internet site of the agency; 
        or
            (2) to enter into any agreement with a third party 
        (including another government agency) to collect, review, or 
        obtain any aggregation of data, derived from any means, that 
        includes any personally identifiable information relating to an 
        individual's access to or use of any nongovernmental Internet 
        site.
    (b) Exceptions.--The limitations established in subsection (a) 
shall not apply to--
            (1) any record of aggregate data that does not identify 
        particular persons;
            (2) any voluntary submission of personally identifiable 
        information;
            (3) any action taken for law enforcement, regulatory, or 
        supervisory purposes, in accordance with applicable law; or
            (4) any action described in subsection (a)(1) that is a 
        system security action taken by the operator of an Internet 
        site and is necessarily incident to providing the Internet site 
        services or to protecting the rights or property of the 
        provider of the Internet site.
    (c) Definitions.--For the purposes of this section:
            (1) The term ``regulatory'' means agency actions to 
        implement, interpret or enforce authorities provided in law.
            (2) The term ``supervisory'' means examinations of the 
        agency's supervised institutions, including assessing safety 
        and soundness, overall financial condition, management 
        practices and policies and compliance with applicable standards 
        as provided in law.
    Sec. 727. (a) None of the funds appropriated by this Act may be 
used to enter into or renew a contract which includes a provision 
providing prescription drug coverage, except where the contract also 
includes a provision for contraceptive coverage.
    (b) Nothing in this section shall apply to a contract with--
            (1) any of the following religious plans:
                    (A) Personal Care's HMO; and
                    (B) OSF HealthPlans, Inc.; and
            (2) any existing or future plan, if the carrier for the 
        plan objects to such coverage on the basis of religious 
        beliefs.
    (c) In implementing this section, any plan that enters into or 
renews a contract under this section may not subject any individual to 
discrimination on the basis that the individual refuses to prescribe or 
otherwise provide for contraceptives because such activities would be 
contrary to the individual's religious beliefs or moral convictions.
    (d) Nothing in this section shall be construed to require coverage 
of abortion or abortion-related services.
    Sec. 728.  The Congress of the United States recognizes the United 
States Anti-Doping Agency (USADA) as the official anti-doping agency 
for Olympic, Pan American, and Paralympic sport in the United States.
    Sec. 729.  Notwithstanding any other provision of law, funds 
appropriated for official travel by Federal departments and agencies 
may be used by such departments and agencies, if consistent with Office 
of Management and Budget Circular A-126 regarding official travel for 
Government personnel, to participate in the fractional aircraft 
ownership pilot program.
    Sec. 730.  Notwithstanding any other provision of law, none of the 
funds appropriated or made available under this Act or any other 
appropriations Act may be used to implement or enforce restrictions or 
limitations on the Coast Guard Congressional Fellowship Program, or to 
implement the proposed regulations of the Office of Personnel 
Management to add sections 300.311 through 300.316 to part 300 of title 
5 of the Code of Federal Regulations, published in the Federal 
Register, volume 68, number 174, on September 9, 2003 (relating to the 
detail of executive branch employees to the legislative branch).
    Sec. 731.  Notwithstanding any other provision of law, no executive 
branch agency shall purchase, construct, and/or lease any additional 
facilities, except within or contiguous to existing locations, to be 
used for the purpose of conducting Federal law enforcement training 
without the advance approval of the Committees on Appropriations of the 
House of Representatives and the Senate, except that the Federal Law 
Enforcement Training Center is authorized to obtain the temporary use 
of additional facilities by lease, contract, or other agreement for 
training which cannot be accommodated in existing Center facilities.
    Sec. 732. (a) For fiscal year 2011, no funds shall be available for 
transfers or reimbursements to the E-Government initiatives sponsored 
by the Office of Management and Budget prior to 15 days following 
submission of a report to the Committees on Appropriations of the House 
of Representatives and the Senate by the Director of the Office of 
Management and Budget and receipt of approval to transfer funds by the 
Committees on Appropriations of the House of Representatives and the 
Senate.
    (b) The report in subsection (a) and other required justification 
materials shall include at a minimum--
            (1) a description of each initiative including but not 
        limited to its objectives, benefits, development status, risks, 
        cost effectiveness (including estimated net costs or savings to 
        the government), and the estimated date of full operational 
        capability;
            (2) the total development cost of each initiative by fiscal 
        year including costs to date, the estimated costs to complete 
        its development to full operational capability, and estimated 
        annual operations and maintenance costs; and
            (3) the sources and distribution of funding by fiscal year 
        and by agency and bureau for each initiative including agency 
        contributions to date and estimated future contributions by 
        agency.
    (c) No funds shall be available for obligation or expenditure for 
new E-Government initiatives without the explicit approval of the 
Committees on Appropriations of the House of Representatives and the 
Senate.
    Sec. 733.  Notwithstanding section 1346 of title 31, United States 
Code, and section 708 of this Act and any other provision of law, the 
head of each appropriate executive department and agency shall transfer 
to or reimburse the United States Fish and Wildlife Service, upon the 
direction of the Director of the Office of Management and Budget, funds 
made available by this or any other Act for the purposes described 
below, and shall submit budget requests for such purposes. These funds 
shall be administered by the United States Fish and Wildlife Service, 
in consultation with the appropriate interagency groups designated by 
the Director and shall be used to ensure the uninterrupted, continuous 
operation of the Midway Atoll Airfield by the United States Fish and 
Wildlife Service pursuant to an operational agreement with the Federal 
Aviation Administration for the entirety of fiscal year 2011 and any 
period thereafter that precedes the enactment of the Financial Services 
and General Government Appropriations Act, 2012. The Director of the 
Office of Management and Budget shall mandate the necessary transfers 
after determining an equitable allocation between the appropriate 
executive departments and agencies of the responsibility for funding 
the continuous operation of the Midway Atoll Airfield based on, but not 
limited to, potential use, interest in maintaining aviation safety, and 
applicability to governmental operations and agency mission. The total 
funds transferred or reimbursed shall not exceed $6,000,000 for any 12-
month period. Such sums shall be sufficient to ensure continued 
operation of the airfield throughout the period cited above. Funds 
shall be available for operation of the airfield or airfield-related 
capital upgrades. The Director of the Office of Management and Budget 
shall notify the Committees on Appropriations of the House of 
Representatives and the Senate of such transfers or reimbursements 
within 15 days of this Act. Such transfers or reimbursements shall 
begin within 30 days of enactment of this Act.
    Sec. 734.  None of the funds appropriated or otherwise made 
available by this or any other Act may be used to begin or announce a 
study or public-private competition regarding the conversion to 
contractor performance of any function performed by Federal employees 
pursuant to Office of Management and Budget Circular A-76 or any other 
administrative regulation, directive, or policy.
    Sec. 735.  Unless otherwise authorized by existing law, none of the 
funds provided in this Act or any other Act may be used by an executive 
branch agency to produce any prepackaged news story intended for 
broadcast or distribution in the United States, unless the story 
includes a clear notification within the text or audio of the 
prepackaged news story that the prepackaged news story was prepared or 
funded by that executive branch agency.
    Sec. 736.  None of the funds made available in this Act may be used 
in contravention of section 552a of title 5, United States Code 
(popularly known as the Privacy Act) and regulations implementing that 
section.
    Sec. 737.  Each executive department and agency shall evaluate the 
creditworthiness of an individual before issuing the individual a 
government travel charge card. Such evaluations for individually billed 
travel charge cards shall include an assessment of the individual's 
consumer report from a consumer reporting agency as those terms are 
defined in section 603 of the Fair Credit Reporting Act (Public Law 91-
508): Provided, That the department or agency may not issue a 
government travel charge card to an individual that either lacks a 
credit history or is found to have an unsatisfactory credit history as 
a result of this evaluation: Provided further, That this restriction 
shall not preclude issuance of a restricted-use charge, debit, or 
stored value card made in accordance with agency procedures to: (1) an 
individual with an unsatisfactory credit history where such card is 
used to pay travel expenses and the agency determines there is no 
suitable alternative payment mechanism available before issuing the 
card; or (2) an individual who lacks a credit history. Each executive 
department and agency shall establish guidelines and procedures for 
disciplinary actions to be taken against agency personnel for improper, 
fraudulent, or abusive use of government charge cards, which shall 
include appropriate disciplinary actions for use of charge cards for 
purposes, and at establishments, that are inconsistent with the 
official business of the Department or agency or with applicable 
standards of conduct.
    Sec. 738. (a) Definitions.--For purposes of this section the 
following definitions apply:
            (1) Great lakes.--The terms ``Great Lakes'' and ``Great 
        Lakes State'' have the same meanings as such terms have in 
        section 506 of the Water Resources Development Act of 2000 (42 
        U.S.C. 1962d-22).
            (2) Great lakes restoration activities.--The term ``Great 
        Lakes restoration activities'' means any Federal or State 
        activity primarily or entirely within the Great Lakes watershed 
        that seeks to improve the overall health of the Great Lakes 
        ecosystem.
    (b) Report.--Not later than 45 days after submission of the budget 
of the President to Congress, the Director of the Office of Management 
and Budget, in coordination with the Governor of each Great Lakes State 
and the Great Lakes Interagency Task Force, shall submit to the 
appropriate authorizing and appropriating committees of the Senate and 
the House of Representatives a financial report, certified by the 
Secretary of each agency that has budget authority for Great Lakes 
restoration activities, containing--
            (1) an interagency budget crosscut report that--
                    (A) displays the budget proposed, including any 
                planned interagency or intra-agency transfer, for each 
                of the Federal agencies that carries out Great Lakes 
                restoration activities in the upcoming fiscal year, 
                separately reporting the amount of funding to be 
                provided under existing laws pertaining to the Great 
                Lakes ecosystem; and
                    (B) identifies all expenditures since fiscal year 
                2004 by the Federal Government and State governments 
                for Great Lakes restoration activities;
            (2) a detailed accounting of all funds received and 
        obligated by all Federal agencies and, to the extent available, 
        State agencies using Federal funds, for Great Lakes restoration 
        activities during the current and previous fiscal years;
            (3) a budget for the proposed projects (including a 
        description of the project, authorization level, and project 
        status) to be carried out in the upcoming fiscal year with the 
        Federal portion of funds for activities; and
            (4) a listing of all projects to be undertaken in the 
        upcoming fiscal year with the Federal portion of funds for 
        activities.
    Sec. 739. (a) In General.--None of the funds appropriated or 
otherwise made available by this or any other Act may be used for any 
Federal Government contract with any foreign incorporated entity which 
is treated as an inverted domestic corporation under section 835(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or any subsidiary 
of such an entity.
    (b) Waivers.--
            (1) In general.--Any Secretary shall waive subsection (a) 
        with respect to any Federal Government contract under the 
        authority of such Secretary if the Secretary determines that 
        the waiver is required in the interest of national security.
            (2) Report to congress.--Any Secretary issuing a waiver 
        under paragraph (1) shall report such issuance to Congress.
    (c) Exception.--This section shall not apply to any Federal 
Government contract entered into before the date of the enactment of 
this Act, or to any task order issued pursuant to such contract.
    Sec. 740.  None of the funds made available by this or any other 
Act may be used to implement, administer, enforce, or apply the rule 
entitled ``Competitive Area'' published by the Office of Personnel 
Management in the Federal Register on April 15, 2008 (73 Fed. Reg. 
20180 et seq.).
    Sec. 741.  Section 743 of the Consolidated Appropriations Act, 2010 
(Public Law 111-117; 31 U.S.C. 501 note) is amended--
            (1) in subsection (a)(3), by inserting after ``exercise of 
        an option'' the following: ``, and task orders issued under any 
        such contract,'';
            (2) in subsection (a)(3)(G), by inserting before the period 
        at the end the following: ``, using direct labor hours and 
        associated cost data collected from contractors'';
            (3) in subsection (e)(2)(B), by striking the text and 
        inserting the following: ``the contracts exclude to the maximum 
        extent practicable functions that are closely associated with 
        inherently governmental functions;''; and
            (4) by redesignating subsections (h) and (i) as subsections 
        (i) and (j) and by inserting after subsection (g) the following 
        new subsection:
    ``(h) Submission of Report on Actions Taken Before Public-private 
Competition May Occur.--An executive agency may not begin, plan for, or 
announce a study or public-private competition regarding the conversion 
to contractor performance of any function performed by Federal 
employees pursuant to Office of Management and Budget Circular A-76 or 
any other administrative regulation or directive until after that 
agency has submitted to the Office of Management and Budget a report, 
pursuant to subsection (f), that includes actions taken to convert from 
contractor to Federal employee performance functions that are not 
inherently governmental, closely associated with governmental 
functions, critical, or should not otherwise be reserved for 
performance by Federal employees. This subsection shall take effect 
beginning with the report required under subsection (f) that is 
included as an attachment to the annual inventory due by December 31, 
2011.''.
    Sec. 742. (a) The adjustment in rates of basic pay for employees 
under the statutory pay systems that takes effect in fiscal year 2011 
under sections 5303 and 5304 of title 5, United States Code, shall be 
an increase of 1.4 percent, and this adjustment shall apply to civilian 
employees in the Department of Homeland Security and shall apply to 
civilian employees in the Department of Defense. Such adjustment shall 
be effective as of the first day of the first applicable pay period 
beginning on or after January 1, 2011.
    (b) Notwithstanding section 710 of this Act, the adjustment in 
rates of basic pay for the statutory pay systems that take place in 
fiscal year 2011 under sections 5344 and 5348 of title 5, United States 
Code, shall be no less than the percentage in subsection (a) as 
employees in the same location whose rates of basic pay are adjusted 
pursuant to the statutory pay systems under sections 5303 and 5304 of 
title 5, United States Code. Prevailing rate employees at locations 
where there are no employees whose pay is increased pursuant to 
sections 5303 and 5304 of title 5 and prevailing rate employees 
described in section 5343(a)(5) of title 5 shall be considered to be 
located in the pay locality designated as ``Rest of U.S.'' pursuant to 
section 5304 of title 5 for purposes of this subsection.
    (c) Funds used to carry out this section shall be paid from 
appropriations, which are made to each applicable department or agency 
for salaries and expenses for fiscal year 2011.
    Sec. 743.  Except as expressly provided otherwise, any reference to 
``this Act'' contained in any title other than title IV or VIII shall 
not apply to such title IV or VIII.
    Sec. 744. (a) The Vice President may not receive a pay rate 
increase in calendar year 2011, notwithstanding section 104 of title 3, 
United States Code, or any other provision of law.
    (b) An individual serving in an Executive Schedule position, or in 
a position for which the rate of pay is fixed by statute at an 
Executive Schedule rate, may not receive a pay rate increase in 
calendar year 2011, notwithstanding schedule adjustments made under 
section 5318 of title 5, United States Code, or any other provision of 
law, except as provided in subsection (g) or (h). The preceding 
sentence applies only to individuals who are holding a position in 
which they serve at the pleasure of the President or other appointing 
official.
    (c) A chief of mission or ambassador at large may not receive a pay 
rate increase in calendar year 2011, notwithstanding section 401 of the 
Foreign Service Act of 1980 (Public Law 96-465) or any other provision 
of law, except as provided in subsection (g) or (h).
    (d) A noncareer appointee in the Senior Executive Service may not 
receive a pay rate increase in calendar year 2011, notwithstanding 
sections 5382 and 5383 of title 5, United States Code.
    (e) Any employee paid a rate of basic pay (including locality-based 
payments under section 5304 of title 5, United States Code, or similar 
authority) at or above level IV of the Executive Schedule who serves at 
the pleasure of the appointing official may not receive a pay rate 
increase in calendar year 2011, notwithstanding any other provision of 
law, except as provided in subsection (g) or (h). This subsection does 
not apply to employees in the General Schedule pay system or the 
Foreign Service pay system, or to employees appointed under 5 U.S.C. 
3161, or to employees in another pay system whose position would be 
classified at GS-15 or below if chapter 51 of title 5, United States 
Code, applied to them.
    (f) Nothing in this section shall prevent employees who do not 
serve at the pleasure of the appointing official from receiving pay 
increases as otherwise provided under applicable law.
    (g) A career appointee in the Senior Executive Service who receives 
a Presidential appointment and who makes an election to retain Senior 
Executive Service basic pay entitlements under section 3392 of title 5, 
United States Code, is not subject to this section.
    (h) A member of Senior Foreign Service who receives a Presidential 
appointment to any position in the executive branch and who makes an 
election to retain Senior Foreign Service pay entitlements under 
section 302(b) of the Foreign Service Act of 1980 (Public Law 96-465) 
is not subject to this section.

                  study and report on credit card fees

    Sec. 745. (a) Study.--The Comptroller General of the United States 
shall conduct a study of the feasibility of allowing agencies of the 
Federal Government to impose convenience fees for the use of credit 
cards for the purchase of goods or services by individuals or 
businesses from Federal agencies, where such convenience fees would be 
designed to recover the cost to the Federal agency of accepting credit 
card payments.
    (b) Considerations.--In conducting the study required by subsection 
(a), the Comptroller General shall take into consideration--
            (1) the impact of convenience fees on consumers;
            (2) the extent to which convenience fees would affect the 
        ability of smaller financial institutions and credit unions to 
        offer basic banking and other services, as well as compete 
        against larger financial institutions; and
            (3) the impact of convenience fees on Federal agencies and 
        departments.
    (c) Report.--Not later than 180 days after the date of enactment of 
this Act, the Comptroller General shall submit a report to Congress on 
the results of the study required by this section.
    Sec. 746. (a) Unlawful Compensation for Delay.--
            (1) In general.--The Federal Trade Commission Act (15 
        U.S.C. 44 et seq.) is amended--
                    (A) by redesignating section 28 as section 29; and
                    (B) by inserting before section 29, as 
                redesignated, the following:

``SEC. 28. PRESERVING ACCESS TO AFFORDABLE GENERICS.

    ``(a) In General.--
            ``(1) Enforcement proceeding.--The Federal Trade Commission 
        may initiate a proceeding to enforce the provisions of this 
        section against the parties to any agreement resolving or 
        settling, on a final or interim basis, a patent infringement 
        claim, in connection with the sale of a drug product.
            ``(2) Presumption.--
                    ``(A) In general.--Subject to subparagraph (B), in 
                such a proceeding, an agreement shall be presumed to 
                have anticompetitive effects and be unlawful if--
                            ``(i) an ANDA filer receives anything of 
                        value; and
                            ``(ii) the ANDA filer agrees to limit or 
                        forego research, development, manufacturing, 
                        marketing, or sales of the ANDA product for any 
                        period of time.
                    ``(B) Exception.--The presumption in subparagraph 
                (A) shall not apply if the parties to such agreement 
                demonstrate by clear and convincing evidence that the 
                procompetitive benefits of the agreement outweigh the 
                anticompetitive effects of the agreement.
    ``(b) Competitive Factors.--In determining whether the settling 
parties have met their burden under subsection (a)(2)(B), the fact 
finder shall consider--
            ``(1) the length of time remaining until the end of the 
        life of the relevant patent, compared with the agreed upon 
        entry date for the ANDA product;
            ``(2) the value to consumers of the competition from the 
        ANDA product allowed under the agreement;
            ``(3) the form and amount of consideration received by the 
        ANDA filer in the agreement resolving or settling the patent 
        infringement claim;
            ``(4) the revenue the ANDA filer would have received by 
        winning the patent litigation;
            ``(5) the reduction in the NDA holder's revenues if it had 
        lost the patent litigation;
            ``(6) the time period between the date of the agreement 
        conveying value to the ANDA filer and the date of the 
        settlement of the patent infringement claim; and
            ``(7) any other factor that the fact finder, in its 
        discretion, deems relevant to its determination of competitive 
        effects under this subsection.
    ``(c) Limitations.--In determining whether the settling parties 
have met their burden under subsection (a)(2)(B), the fact finder shall 
not presume--
            ``(1) that entry would not have occurred until the 
        expiration of the relevant patent or statutory exclusivity; or
            ``(2) that the agreement's provision for entry of the ANDA 
        product prior to the expiration of the relevant patent or 
        statutory exclusivity means that the agreement is pro-
        competitive, although such evidence may be relevant to the fact 
        finder's determination under this section.
    ``(d) Exclusions.--Nothing in this section shall prohibit a 
resolution or settlement of a patent infringement claim in which the 
consideration granted by the NDA holder to the ANDA filer as part of 
the resolution or settlement includes only one or more of the 
following:
            ``(1) The right to market the ANDA product in the United 
        States prior to the expiration of--
                    ``(A) any patent that is the basis for the patent 
                infringement claim; or
                    ``(B) any patent right or other statutory 
                exclusivity that would prevent the marketing of such 
                drug.
            ``(2) A payment for reasonable litigation expenses not to 
        exceed $7,500,000.
            ``(3) A covenant not to sue on any claim that the ANDA 
        product infringes a United States patent.
    ``(e) Regulations and Enforcement.--
            ``(1) Regulations.--The Federal Trade Commission may issue, 
        in accordance with section 553 of title 5, United States Code, 
        regulations implementing and interpreting this section. These 
        regulations may exempt certain types of agreements described in 
        subsection (a) if the Commission determines such agreements 
        will further market competition and benefit consumers. Judicial 
        review of any such regulation shall be in the United States 
        District Court for the District of Columbia pursuant to section 
        706 of title 5, United States Code.
            ``(2) Enforcement.--A violation of this section shall be 
        treated as a violation of section 5.
            ``(3) Judicial review.--Any person, partnership or 
        corporation that is subject to a final order of the Commission, 
        issued in an administrative adjudicative proceeding under the 
        authority of subsection (a)(1), may, within 30 days of the 
        issuance of such order, petition for review of such order in 
        the United States Court of Appeals for the District of Columbia 
        Circuit or the United States Court of Appeals for the circuit 
        in which the ultimate parent entity, as defined at 16 C.F.R. 
        801.1(a)(3), of the NDA holder is incorporated as of the date 
        that the NDA is filed with the Secretary of the Food and Drug 
        Administration, or the United States Court of Appeals for the 
        circuit in which the ultimate parent entity of the ANDA filer 
        is incorporated as of the date that the ANDA is filed with the 
        Secretary of the Food and Drug Administration. In such a review 
        proceeding, the findings of the Commission as to the facts, if 
        supported by evidence, shall be conclusive.
    ``(f) Antitrust Laws.--Nothing in this section shall be construed 
to modify, impair, or supersede the applicability of the antitrust laws 
as defined in subsection (a) of the first section of the Clayton Act 
(15 U.S.C. 12(a)) and of section 5 of this Act to the extent that 
section 5 applies to unfair methods of competition. Nothing in this 
section shall modify, impair, limit or supersede the right of an ANDA 
filer to assert claims or counterclaims against any person, under the 
antitrust laws or other laws relating to unfair competition.
    ``(g) Penalties.--
            ``(1) Forfeiture.--Each person, partnership or corporation 
        that violates or assists in the violation of this section shall 
        forfeit and pay to the United States a civil penalty sufficient 
        to deter violations of this section, but in no event greater 
        than 3 times the value received by the party that is reasonably 
        attributable to a violation of this section. If no such value 
        has been received by the NDA holder, the penalty to the NDA 
        holder shall be shall be sufficient to deter violations, but in 
        no event greater than 3 times the value given to the ANDA filer 
        reasonably attributable to the violation of this section. Such 
        penalty shall accrue to the United States and may be recovered 
        in a civil action brought by the Federal Trade Commission, in 
        its own name by any of its attorneys designated by it for such 
        purpose, in a district court of the United States against any 
        person, partnership or corporation that violates this section. 
        In such actions, the United States district courts are 
        empowered to grant mandatory injunctions and such other and 
        further equitable relief as they deem appropriate.
            ``(2) Cease and desist.--
                    ``(A) In general.--If the Commission has issued a 
                cease and desist order with respect to a person, 
                partnership or corporation in an administrative 
                adjudicative proceeding under the authority of 
                subsection (a)(1), an action brought pursuant to 
                paragraph (1) may be commenced against such person, 
                partnership or corporation at any time before the 
                expiration of 1 year after such order becomes final 
                pursuant to section 5(g).
                    ``(B) Exception.--In an action under subparagraph 
                (A), the findings of the Commission as to the material 
                facts in the administrative adjudicative proceeding 
                with respect to such person's, partnership's or 
                corporation's violation of this section shall be 
                conclusive unless--
                            ``(i) the terms of such cease and desist 
                        order expressly provide that the Commission's 
                        findings shall not be conclusive; or
                            ``(ii) the order became final by reason of 
                        section 5(g)(1), in which case such finding 
                        shall be conclusive if supported by evidence.
            ``(3) Civil penalty.--In determining the amount of the 
        civil penalty described in this section, the court shall take 
        into account--
                    ``(A) the nature, circumstances, extent, and 
                gravity of the violation;
                    ``(B) with respect to the violator, the degree of 
                culpability, any history of violations, the ability to 
                pay, any effect on the ability to continue doing 
                business, profits earned by the NDA holder, 
                compensation received by the ANDA filer, and the amount 
                of commerce affected; and
                    ``(C) other matters that justice requires.
            ``(4) Remedies in addition.--Remedies provided in this 
        subsection are in addition to, and not in lieu of, any other 
        remedy provided by Federal law. Nothing in this paragraph shall 
        be construed to affect any authority of the Commission under 
        any other provision of law.
    ``(h) Definitions.--In this section:
            ``(1) Agreement.--The term `agreement' means anything that 
        would constitute an agreement under section 1 of the Sherman 
        Act (15 U.S.C. 1) or section 5 of this Act.
            ``(2) Agreement resolving or settling a patent infringement 
        claim.--The term `agreement resolving or settling a patent 
        infringement claim' includes any agreement that is entered into 
        within 30 days of the resolution or the settlement of the 
        claim, or any other agreement that is contingent upon, provides 
        a contingent condition for, or is otherwise related to the 
        resolution or settlement of the claim.
            ``(3) ANDA.--The term `ANDA' means an abbreviated new drug 
        application, as defined under section 505(j) of the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)).
            ``(4) ANDA filer.--The term `ANDA filer' means a party who 
        has filed an ANDA with the Food and Drug Administration.
            ``(5) ANDA product.--The term `ANDA product' means the 
        product to be manufactured under the ANDA that is the subject 
        of the patent infringement claim.
            ``(6) Drug product.--The term `drug product' means a 
        finished dosage form (e.g., tablet, capsule, or solution) that 
        contains a drug substance, generally, but not necessarily, in 
        association with 1 or more other ingredients, as defined in 
        section 314.3(b) of title 21, Code of Federal Regulations.
            ``(7) NDA.--The term `NDA' means a new drug application, as 
        defined under section 505(b) of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 355(b)).
            ``(8) NDA holder.--The term `NDA holder' means--
                    ``(A) the party that received FDA approval to 
                market a drug product pursuant to an NDA;
                    ``(B) a party owning or controlling enforcement of 
                the patent listed in the Approved Drug Products With 
                Therapeutic Equivalence Evaluations (commonly known as 
                the `FDA Orange Book') in connection with the NDA; or
                    ``(C) the predecessors, subsidiaries, divisions, 
                groups, and affiliates controlled by, controlling, or 
                under common control with any of the entities described 
                in subparagraphs (A) and (B) (such control to be 
                presumed by direct or indirect share ownership of 50 
                percent or greater), as well as the licensees, 
                licensors, successors, and assigns of each of the 
                entities.
            ``(9) Patent infringement.--The term `patent infringement' 
        means infringement of any patent or of any filed patent 
        application, extension, reissue, renewal, division, 
        continuation, continuation in part, reexamination, patent term 
        restoration, patents of addition and extensions thereof.
            ``(10) Patent infringement claim.--The term `patent 
        infringement claim' means any allegation made to an ANDA filer, 
        whether or not included in a complaint filed with a court of 
        law, that its ANDA or ANDA product may infringe any patent held 
        by, or exclusively licensed to, the NDA holder of the drug 
        product.
            ``(11) Statutory exclusivity.--The term `statutory 
        exclusivity' means those prohibitions on the approval of drug 
        applications under clauses (ii) through (iv) of section 
        505(c)(3)(E) (5- and 3-year data exclusivity), section 527 
        (orphan drug exclusivity), or section 505A (pediatric 
        exclusivity) of the Federal Food, Drug, and Cosmetic Act.''.
            (2) Effective date.--Section 28 of the Federal Trade 
        Commission Act, as added by this section, shall apply to all 
        agreements described in section 28(a)(1) of that Act entered 
        into after November 15, 2009. Section 28(g) of the Federal 
        Trade Commission Act, as added by this section, shall not apply 
        to agreements entered into before the date of enactment of this 
        chapter.
    (b) Notice and Certification of Agreements.--
            (1) Notice of all agreements.--Section 1112(c)(2) of the 
        Medicare Prescription Drug, Improvement, and Modernization Act 
        of 2003 (21 U.S.C. 355 note) is amended--
                    (A) by striking ``the Commission the'' and 
                inserting the following: ``the Commission--''
            ``(A) the'';
                    (B) by striking the period and inserting ``; and''; 
                and
                    (C) by inserting at the end the following:
            ```(B) any other agreement the parties enter into within 30 
        days of entering into an agreement covered by subsection (a) or 
        (b).'''.
            (2) Certification of agreements.--Section 1112 of such Act 
        is amended by adding at the end the following:
    ```(d) Certification.--The Chief Executive Officer or the company 
official responsible for negotiating any agreement required to be filed 
under subsection (a), (b), or (c) shall execute and file with the 
Assistant Attorney General and the Commission a certification as 
follows: ``I declare that the following is true, correct, and complete 
to the best of my knowledge: The materials filed with the Federal Trade 
Commission and the Department of Justice under section 1112 of subtitle 
B of title XI of the Medicare Prescription Drug, Improvement, and 
Modernization Act of 2003, with respect to the agreement referenced in 
this certification: (1) represent the complete, final, and exclusive 
agreement between the parties; (2) include any ancillary agreements 
that are contingent upon, provide a contingent condition for, or are 
otherwise related to, the referenced agreement; and (3) include written 
descriptions of any oral agreements, representations, commitments, or 
promises between the parties that are responsive to subsection (a) or 
(b) of such section 1112 and have not been reduced to writing.''.'''.
    (c) Forfeiture of 180-day Exclusivity Period.--Section 
505(j)(5)(D)(i)(V) of the Federal Food, Drug and Cosmetic Act (21 
U.S.C. 355(j)(5)(D)(i)(V)) is amended by inserting ``section 28 of the 
Federal Trade Commission Act or'' after ``that the agreement has 
violated''.
    (d) Commission Litigation Authority.--Section 16(a)(2) of the 
Federal Trade Commission Act (15 U.S.C. 56(a)(2)) is amended--
            (1) in subparagraph (D), by striking ``or'' after the 
        semicolon;
            (2) in subparagraph (E), by inserting ``or'' after the 
        semicolon; and
            (3) by inserting after subparagraph (E) the following:
                    ``(F) under section 28;''.
    (e) Statute of Limitations.--The Commission shall commence any 
enforcement proceeding described in section 28 of the Federal Trade 
Commission Act, as added by section 3202, except for an action 
described in section 28(g)(2) of the Federal Trade Commission Act, not 
later than 3 years after the date on which the parties to the agreement 
file the Notice of Agreement as provided by section 1112(c) of the 
Medicare Prescription Drug Improvement and Modernization Act of 2003 
(21 U.S.C. 355 note).
    (f) Severability.--If any provision of this chapter, an amendment 
made by this chapter, or the application of such provision or amendment 
to any person or circumstance is held to be unconstitutional, the 
remainder of this chapter, the amendments made by this chapter, and the 
application of the provisions of such chapter or amendments to any 
person or circumstance shall not be affected thereby.

                               TITLE VIII

                GENERAL PROVISIONS--DISTRICT OF COLUMBIA

                     (including transfer of funds)

    Sec. 801.  Whenever in this Act, an amount is specified within an 
appropriation for particular purposes or objects of expenditure, such 
amount, unless otherwise specified, shall be considered as the maximum 
amount that may be expended for said purpose or object rather than an 
amount set apart exclusively therefor.
    Sec. 802.  Appropriations in this Act shall be available for 
expenses of travel and for the payment of dues of organizations 
concerned with the work of the District of Columbia government, when 
authorized by the Mayor, or, in the case of the Council of the District 
of Columbia, funds may be expended with the authorization of the 
Chairman of the Council.
    Sec. 803.  There are appropriated from the applicable funds of the 
District of Columbia such sums as may be necessary for making refunds 
and for the payment of legal settlements or judgments that have been 
entered against the District of Columbia government.
    Sec. 804. (a) None of the Federal funds provided in this Act shall 
be used for publicity or propaganda purposes or implementation of any 
policy including boycott designed to support or defeat legislation 
pending before Congress or any State legislature.
    (b) The District of Columbia may use local funds provided in this 
title to carry out lobbying activities on any matter.
    Sec. 805. (a) None of the Federal funds provided under this Act to 
the agencies funded by this Act, both Federal and District government 
agencies, that remain available for obligation or expenditure in fiscal 
year 2011, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditures 
for an agency through a reprogramming of funds which--
            (1) creates new programs;
            (2) eliminates a program, project, or responsibility 
        center;
            (3) establishes or changes allocations specifically denied, 
        limited or increased under this Act;
            (4) increases funds or personnel by any means for any 
        program, project, or responsibility center for which funds have 
        been denied or restricted;
            (5) re-establishes any program or project previously 
        deferred through reprogramming;
            (6) augments any existing program, project, or 
        responsibility center through a reprogramming of funds in 
        excess of $3,000,000 or 10 percent, whichever is less; or
            (7) increases by 20 percent or more personnel assigned to a 
        specific program, project or responsibility center,
unless the Committees on Appropriations of the House of Representatives 
and the Senate are notified in writing 15 days in advance of the 
reprogramming.
    (b) The District of Columbia government is authorized to approve 
and execute reprogramming and transfer requests of local funds under 
this title through November 1, 2011.
    Sec. 806.  Consistent with the provisions of section 1301(a) of 
title 31, United States Code, appropriations under this Act shall be 
applied only to the objects for which the appropriations were made 
except as otherwise provided by law.
    Sec. 807.  None of the Federal funds provided in this Act may be 
used by the District of Columbia to provide for salaries, expenses, or 
other costs associated with the offices of United States Senator or 
United States Representative under section 4(d) of the District of 
Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C. 
Law 3-171; D.C. Official Code, sec. 1-123).
    Sec. 808.  Except as otherwise provided in this section, none of 
the funds made available by this Act or by any other Act may be used to 
provide any officer or employee of the District of Columbia with an 
official vehicle unless the officer or employee uses the vehicle only 
in the performance of the officer's or employee's official duties. For 
purposes of this section, the term ``official duties'' does not include 
travel between the officer's or employee's residence and workplace, 
except in the case of--
            (1) an officer or employee of the Metropolitan Police 
        Department who resides in the District of Columbia or a 
        District of Columbia government employee as may otherwise be 
        designated by the Chief of the Department;
            (2) at the discretion of the Fire Chief, an officer or 
        employee of the District of Columbia Fire and Emergency Medical 
        Services Department who resides in the District of Columbia and 
        is on call 24 hours a day or is otherwise designated by the 
        Fire Chief;
            (3) at the discretion of the Director of the Department of 
        Corrections, an officer or employee of the District of Columbia 
        Department of Corrections who resides in the District of 
        Columbia and is on call 24 hours a day or is otherwise 
        designated by the Director;
            (4) the Mayor of the District of Columbia; and
            (5) the Chairman of the Council of the District of 
        Columbia.
    Sec. 809. (a) None of the Federal funds contained in this Act may 
be used by the District of Columbia Attorney General 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.
    (b) Nothing in this section bars the District of Columbia Attorney 
General from reviewing or commenting on briefs in private lawsuits, or 
from consulting with officials of the District government regarding 
such lawsuits.
    Sec. 810.  None of the Federal funds contained in this Act may be 
used to distribute any needle or syringe for the purpose of preventing 
the spread of blood borne pathogens in any location that has been 
determined by the local public health or local law enforcement 
authorities to be inappropriate for such distribution.
    Sec. 811.  Nothing in this Act may be construed to prevent the 
Council or Mayor of the District of Columbia from addressing the issue 
of the provision of contraceptive coverage by health insurance plans, 
but it is the intent of Congress that any legislation enacted on such 
issue should include a ``conscience clause'' which provides exceptions 
for religious beliefs and moral convictions.
    Sec. 812.  The Mayor of the District of Columbia shall submit 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 annual reports addressing--
            (1) crime, including the homicide rate, implementation of 
        community policing, the number of police officers on local 
        beats, and the closing down of open-air drug markets;
            (2) access to substance and alcohol abuse treatment, 
        including the number of treatment slots, the number of people 
        served, the number of people on waiting lists, and the 
        effectiveness of treatment programs, the retention rates in 
        treatment programs, and the recidivism/re-arrest rates for 
        treatment participants;
            (3) management of parolees and pre-trial violent offenders, 
        including the number of halfway houses escapes and steps taken 
        to improve monitoring and supervision of halfway house 
        residents to reduce the number of escapes to be provided in 
        consultation with the Court Services and Offender Supervision 
        Agency for the District of Columbia;
            (4) education, including access to special education 
        services and student achievement to be provided in consultation 
        with the District of Columbia Public Schools and the District 
        of Columbia public charter schools, repeated grade rates, high 
        school graduation rates, post-secondary education attendance 
        rates, and teen pregnancy rates;
            (5) improvement in basic District services, including rat 
        control and abatement;
            (6) application for and management of Federal grants, 
        including the number and type of grants for which the District 
        was eligible but failed to apply and the number and type of 
        grants awarded to the District but for which the District 
        failed to spend the amounts received;
            (7) indicators of child and family well-being including 
        child living arrangements by family structure, number of 
        children aging out of foster care, poverty rates by family 
        structure, crime by family structure, marriage rates by income 
        quintile, and out-of-wedlock births; and
            (8) employment, including job status and participation in 
        assistance programs by income, education and family structure.
    Sec. 813.  None of the Federal funds contained in this Act may be 
used to enact or carry out any law, rule, or regulation to legalize or 
otherwise reduce penalties associated with the possession, use, or 
distribution of any schedule I substance under the Controlled 
Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols 
derivative.
    Sec. 814.  None of the Federal funds appropriated under this Act 
shall be expended for any abortion except where the life of the mother 
would be endangered if the fetus were carried to term or where the 
pregnancy is the result of an act of rape or incest.
    Sec. 815. (a) No later than 30 calendar days after the date of the 
enactment of this Act, the Chief Financial Officer for the District of 
Columbia shall submit to the appropriate committees of Congress, the 
Mayor, and the Council of the District of Columbia, a revised 
appropriated funds operating budget in the format of the budget that 
the District of Columbia government submitted pursuant to section 442 
of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.42), for all agencies of the District of Columbia government for 
fiscal year 2010 that is in the total amount of the approved 
appropriation and that realigns all budgeted data for personal services 
and other-than-personal services, respectively, with anticipated actual 
expenditures.
    (b) This section shall apply only to an agency for which the Chief 
Financial Officer for the District of Columbia certifies that a 
reallocation is required to address unanticipated changes in program 
requirements.
    Sec. 816.  No later than 30 calendar days after the date of the 
enactment of this Act, the Chief Financial Officer for the District of 
Columbia shall submit to the appropriate committees of Congress, the 
Mayor, and the Council for the District of Columbia, a revised 
appropriated funds operating budget for the District of Columbia Public 
Schools that aligns schools budgets to actual enrollment. The revised 
appropriated funds budget shall be in the format of the budget that the 
District of Columbia government submitted pursuant to section 442 of 
the District of Columbia Home Rule Act (D.C. Official Code, Sec. 1-
204.42).
    Sec. 817.  Amounts appropriated in this Act as operating funds may 
be transferred to the District of Columbia's enterprise and capital 
funds and such amounts, once transferred, shall retain appropriation 
authority consistent with the provisions of this Act.
    Sec. 818.  Notwithstanding any other laws, for this and succeeding 
fiscal years, the Director of the District of Columbia Public Defender 
Service shall, to the extent the Director considers appropriate, 
provide representation for and hold harmless, or provide liability 
insurance for, any person who is an employee, member of the Board of 
Trustees, or officer of the District of Columbia Public Defender 
Service for money damages arising out of any claim, proceeding, or case 
at law relating to the furnishing of representational services or 
management services or related services while acting within the scope 
of that person's office or employment, including, but not limited to 
such claims, proceedings, or cases at law involving employment actions, 
injury, loss of liberty, property damage, loss of property, or personal 
injury, or death arising from malpractice or negligence of any such 
officer or employee.
    Sec. 819.  Section 346 of the District of Columbia Appropriations 
Act, 2005 (Public Law 108-335) is amended--
            (1) in the title, by striking ``Biennial'';
            (2) in subsection (a), by striking ``Biennial management'' 
        and inserting ``Management'';
            (3) in subsection (a), by striking ``States.'' and 
        inserting ``States every five years.''; and
            (4) in subsection (b)(6), by striking ``2'' and inserting 
        ``5''.
    Sec. 820.  Except as expressly provided otherwise, any reference to 
``this Act'' contained in this title or in title IV shall be treated as 
referring only to the provisions of this title or of title IV.
    This Act may be cited as the ``Financial Services and General 
Government Appropriations Act, 2011''.
                                                       Calendar No. 497

111th CONGRESS

  2d Session

                                S. 3677

                          [Report No. 111-238]

_______________________________________________________________________

                                 A BILL

Making appropriations for financial services and general government for 
   the fiscal year ending September 30, 2011, and for other purposes.

_______________________________________________________________________

                             July 29, 2011

                 Read twice and placed on the calendar