[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1573 Placed on Calendar Senate (PCS)]
Calendar No. 171
112th CONGRESS
1st Session
S. 1573
[Report No. 112-79]
Making appropriations for financial services and general government for
the fiscal year ending September 30, 2012, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 15, 2011
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, 2012, 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, 2012, 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, $306,388,000, including for terrorism and financial
intelligence activities; executive direction program activities;
international affairs and economic policy activities; domestic finance
and tax policy activities; and Treasury-wide management policies and
programs activities: Provided, That of the amount appropriated under
this heading, not to exceed $3,000,000, to remain available until
September 30, 2013, is for information technology modernization
requirements; not to exceed $200,000 is for official reception and
representation expenses; $200,000 is to support 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, 2013, 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, 2013, is for
secure space requirements: Provided further, That of the amount
appropriated under this heading, up to $3,400,000, to remain available
until September 30, 2014, is to develop and implement programs within
the Office of Critical Infrastructure Protection and Compliance Policy,
including entering into cooperative agreements: 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, to cover the cost assessed by
that organization for Treasury's participation therein: Provided
further, That of the amount appropriated under this heading, up to
$2,500,000 may be used 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.) and for information technology in support of acquisition
workforce effectiveness and management.
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,
$29,641,000, 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;
$151,696,000, 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), $41,800,000.
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,
$110,788,000, of which not to exceed $34,335,000 shall remain available
until September 30, 2014: 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,
$750,000,000 are rescinded.
Financial Management Service
salaries and expenses
For necessary expenses of the Financial Management Service,
$217,805,000, of which not to exceed $4,210,000 shall remain available
until September 30, 2013, 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,
$99,878,000; 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: Provided, That of the amount appropriated under this
heading, $2,000,000 shall be for the costs of special law enforcement
agents to target tobacco smuggling and other criminal diversion
activities.
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 2012
under such section 5136 for circulating coinage and protective service
capital investments of the United States Mint shall not exceed
$20,000,000.
Bureau of the Public Debt
administering the public debt
For necessary expenses connected with any public-debt issues of the
United States, $173,635,000, of which not to exceed $2,500 shall be
available for official reception and representation expenses, and of
which not to exceed $10,000,000 shall remain available until September
30, 2014, for the Do Not Pay portal initiative: Provided, That the sum
appropriated herein from the general fund for fiscal year 2012 shall be
reduced by not more than $8,000,000 as definitive security issue fees
and Legacy Treasury Direct Investor Account Maintenance fees are
collected, so as to result in a final fiscal year 2012 appropriation
from the general fund estimated at $165,635,000. In addition, $165,000
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
section 4707(e) of title 12, United States Code, $200,000,000, to
remain available until September 30, 2013; 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 $22,000,000
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 $36,000,000 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
$19,000,000 shall be for the Bank Enterprise Award program; and of
which up to $22,965,000 may be used for administrative expenses,
including administration of the New Markets Tax Credit.
Internal Revenue Service
taxpayer services
(including transfer of funds)
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, $2,195,522,000, 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 $12,000,000, to remain
available until September 30, 2013, shall be available for a Community
Volunteer Income Tax Assistance matching grants demonstration program
for tax return preparation assistance, of which not less than
$207,738,000 shall be available for operating expenses of the Taxpayer
Advocate Service, and of which up to $6,000,000 may be transferred as
necessary from this account to ``Health Insurance Tax Credit
Administration'' upon advance notification of the Committees on
Appropriations: Provided, That this transfer authority shall be in
addition to any transfer authority provided in the Act: Provided
further, That notwithstanding any other provision of law, the Secretary
may publicize the low-income taxpayer clinic program and refer
taxpayers to specific qualified low-income taxpayer clinics receiving
funding under this heading.
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,
$5,228,613,000, of which not less than $60,257,000 shall be for the
Interagency Crime and Drug Enforcement program.
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; $3,893,216,000, of which up to $250,000,000 shall remain
available until September 30, 2013, 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, 2014, 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 expenses.
business systems modernization
For necessary expenses of the Internal Revenue Service's business
systems modernization program, $330,210,000, to remain available until
September 30, 2014, 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), $15,481,000.
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. 106. 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. 107. 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. 108. 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. 109. 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. 110. 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. 111. 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. 112. Section 122(g)(1) of Public Law 105-119 (5 U.S.C. 3104
note), is further amended by striking ``12 years'' and inserting ``14
years''.
Sec. 113. 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. 114. 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. 115. 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 2012.
Sec. 116. 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. 117. 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, 2012''.
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, $57,851,000.
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, $13,536,000, 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, $990,000, 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.), $4,192,000.
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, $13,048,000.
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, $114,908,000, of which $10,670,000 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, $90,833,000, 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 2012 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 2012 shall
remain available for obligation through September 30, 2013: 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, $26,125,000:
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, $238,522,000,
to remain available until September 30, 2013, 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 2010 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,
2011, shall be funded at not less than the fiscal year 2011 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
2012 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), $105,950,000, to remain available until expended, which shall
be available as follows: $92,600,000 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); $1,400,000 for drug court training and technical
assistance; $8,900,000 for anti-doping activities; $1,900,000 for the
United States membership dues to the World Anti-Doping Agency; and
$1,150,000 shall be made available as directed by section 1105 of
Public Law 109-469.
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, $988,000, to remain available
until September 30, 2013.
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, $4,328,000.
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, $307,000: 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.
Sec. 205. From the unobligated balances of prior year
appropriations made available for the Counterdrug Technology Assessment
Center, $11,328,000 are rescinded.
This title may be cited as the ``Executive Office of the President
Appropriations Act, 2012''.
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, $74,819,000,
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, $8,159,000, to remain available until expended.
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, $31,913,000.
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, $20,968,000.
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, and the purchase of uniforms for Probation and Pretrial
Services office staff, as authorized by law, $4,970,646,000 (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.
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
$4,775,000, 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 appointed under 18 U.S.C. 4100(b),
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 (18 U.S.C. 4100(b)); 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)(1); 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, $1,034,182,000, 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)), $59,000,000, 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), $500,000,000, 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, $82,000,000, 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, $27,000,000; of which $1,800,000 shall
remain available through September 30, 2013, 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), $86,968,000; to the Judicial Survivors'
Annuities Fund, as authorized by 28 U.S.C. 376(c), $12,600,000; and to
the United States Court of Federal Claims Judges' Retirement Fund, as
authorized by 28 U.S.C. 178(l), $4,200,000.
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, $16,500,000, 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.
Sec. 307. Section 203(c) of the Judicial Improvements Act of 1990
(Public Law 101-650; 28 U.S.C. 133 note), is amended--
(1) in the third sentence (relating to the District of
Kansas), by striking ``20 years'' and inserting ``21 years'';
and
(2) in the seventh sentence (related to the District of
Hawaii), by striking ``17 years'' and inserting ``18 years''.
This title may be cited as the ``Judiciary Appropriations Act,
2012''.
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,
$30,000,000, 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,
$14,900,000, 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,
$230,319,000 to be allocated as follows: for the District of Columbia
Court of Appeals, $12,830,000, of which not to exceed $2,500 is for
official reception and representation expenses; for the District of
Columbia Superior Court, $111,687,000, of which not to exceed $2,500 is
for official reception and representation expenses; for the District of
Columbia Court System, $66,712,000, of which not to exceed $2,500 is
for official reception and representation expenses; and $39,090,000, to
remain available until September 30, 2013, for capital improvements for
District of Columbia courthouse facilities: Provided, That funds made
available for capital improvements shall be expended consistent with
the District of Columbia Courts 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 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: 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 $3,000,000 of the funds provided
under this heading among the items and entities funded under this
heading, but no such allocation shall be increased by more than 10
percent.
federal payment for defender services in district of columbia courts
(including transfer of funds)
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
authorized under section 21-2060, D.C. Official Code (relating to
services 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: Provided further, That not more
than $10,000,000 of the funds provided in this account may be
transferred to, and merged with, funds made available under the heading
``Federal Payment to the District of Colombia Courts'' for District of
Columbia courthouse facilities.
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,
$212,983,000, 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,
2014 for relocation of the Pretrial Services Agency drug testing
laboratory; of which $153,548,000 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 $59,435,000 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, $37,241,000: 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, $15,000,000, 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,
2013, to the Commission on Judicial Disabilities and Tenure, $295,000,
and for the Judicial Nomination Commission, $205,000.
federal payment for school improvement
For a Federal payment for a school improvement program in the
District of Columbia, $60,000,000, to be allocated as follows: for the
District of Columbia Public Schools, $20,000,000 to improve public
school education in the District of Columbia, to remain available until
expended; for the State Education Office, $20,000,000 to expand quality
public charter schools in the District of Columbia, to remain available
until expended; and for the Secretary of the Department of Education,
$20,000,000 to provide opportunity scholarships for students in the
District of Columbia in accordance with the Scholarships for
Opportunity and Results Act (Public Law 112-10, division C, 125 Stat.
199), to remain available until expended.
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National Guard,
$375,000, to remain available until expended for the Major General
David F. Wherley, Jr. District of Columbia National Guard Retention and
College Access Program.
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 this Act, the total amount appropriated in this Act for operating
expenses for the District of Columbia for fiscal year 2012 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 $10,911,966,000 (of
which $6,208,646,000 shall be from local funds, (including $526,594,000
from dedicated taxes), $1,015,449,000 shall be from Federal grant
funds, $1,499,115,000 from Medicaid payments, $2,040,504,000 shall be
from other funds, and $25,677,000 shall be from private funds, and
$122,575,000 shall be from funds previously appropriated in this Act as
Federal payments: 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
intra-District authority shall be $619,632,000: in addition, for
capital construction projects, an increase of $4,024,828,000, of which
$2,934,012,000 shall be from local funds, $223,858,000 from the
District of Columbia Highway Trust Fund, $50,466,000 from the Local
Transportation Fund, $816,492,000 from Federal grant funds, and a
rescission of $2,835,689,000 of which $1,796,345,000 shall be from
local funds, $749,426,000 from Federal grant funds, $252,694,000 from
the District of Columbia Highway Trust Fund, and $37,224,000 from the
Local Transportation Fund appropriated under this heading in prior
fiscal years, for a net amount of $1,189,139,000, 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 2012 Budget Request Act of 2011, at the
rate set forth under ``District of Columbia Funds Division of
Expenses'' as included in the of the Fiscal Year 2012 Proposed Budget
and Financial Plan submitted to the Congress 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: 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 2012, 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, 2012''.
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., $2,900,000, to
remain available until September 30, 2013, of which not to exceed
$1,000,000 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, $450,000, 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, $240,000,000,
to remain available until September 30, 2013, 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 $66,000,000 shall remain available for
information technology investments until September 30, 2014.
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 $4,000 for
official reception and representation expenses, $114,500,000.
administrative provisions--consumer product safety commission
Sec. 501. Section 4(g) of the Consumer Product Safety Act (15
U.S.C. 2053(g)) is amended by adding at the end the following:
``(5) The Chairman may provide to officers and employees of
the Commission who are appointed or assigned by the Commission
to serve abroad (as defined in section 102 of the Foreign
Service Act of 1980 (22 U.S.C. 3902)) travel benefits similar
to those authorized for members of the Foreign Service of the
United Service under chapter 9 of such Act (22 U.S.C. 4081 et
seq.).''.
Sec. 502. (a) The Consumer Product Safety Act (15 U.S.C. 2051 et
seq.) is amended by inserting after section 17 the following:
``SEC. 17A. SERVICE OF PROCESS.
``(a) Designating Agents.--
``(1) In general.--The Commission may require a
manufacturer, or class of manufacturers, offering a consumer
product for import to designate an agent in the United States
on whom service of notices and process in administrative and
judicial proceedings may be made.
``(2) Filing.--The designation shall be in writing and
filed with the Commission.
``(3) Modification.--The designation may be changed in the
same way originally made.
``(b) Service.--
``(1) Place of service.--An agent may be served at the
agent's office or usual place of residence.
``(2) Service on agent is service on manufacturer.--Service
on the agent is deemed to be service on the manufacturer.
``(3) No designated agent.--If a manufacturer does not
designate an agent, service may be made by posting the notice
or process in the office of the Commission.''.
(b) The table of contents in section 1 of such Act is amended by
inserting after the item relating to section 17 the following:
``17A. Service of process.''.
Sec. 503. (a) Not later than 1 year after the date of the enactment
of this Act, the Consumer Product Safety Commission shall promulgate,
as a final consumer product safety standard under section 7(a) of the
Consumer Product Safety Act (15 U.S.C. 2056(a))--
(1) a standard requiring button cell battery compartments
of battery-operated or assisted consumer products to be
secured, to the greatest extent practicable, in a manner that
reduces access to button cell batteries by children that are 3
years of age or younger; and
(2) standards requiring warning labels--
(A) to be included in any literature that
accompanies a battery-operated or assisted consumer
product, such as a user manual;
(B) to be included on packaging for button cell
batteries sold to consumers; and
(C) to be included, as practicable, directly on a
battery-operated or assisted consumer product in a
manner that is visible to the consumer upon
installation or replacement of the button cell battery.
(b) Warning labels required under subsection (a) shall--
(1) clearly identify the hazard of ingestion; and
(2) instruct consumers, as practicable, to keep new and
used batteries out of the reach of children and to seek
immediate medical attention if a battery is ingested.
(c)(1) The standards required by subsection (a) shall be
promulgated in accordance with section 553 of title 5, United States
Code.
(2) The requirements of subsections (a) through (f) and (g)(1) of
section 9 of the Consumer Product Safety Act (15 U.S.C. 2058) shall not
apply to the promulgation of the standards required by subsection (a)
of this section.
(d) Each final consumer product safety standard required by
subsection (a) shall apply to battery-operated or assisted consumer
products manufactured on or after the date that is 1 year after the
date on which the Commission promulgates the standard.
Sec. 504. Not later than 1 year after the date of the enactment of
this Act, the Comptroller General of the United States shall conduct an
analysis of the potential safety risks associated with new and emerging
consumer products, including chemicals and other materials used in
their manufacture, taking into account the ability and authority of the
Consumer Product Safety Commission--
(1) to identify, assess, and address such risks in a timely
manner; and
(2) to keep abreast of the effects of new and emerging
consumer products on public health and safety.
Sec. 505. Not later than 150 days after the date of the enactment
of this Act, the Comptroller General of the United States shall conduct
an analysis of--
(1) the extent to which manufacturers comply with voluntary
industry standards for consumer products, particularly with
respect to inexpensive, imported products;
(2) whether there are consequences for such manufacturers
for failing to comply with such standards;
(3) whether the Consumer Product Safety Commission has the
authority and the ability to require compliance with such
standards; and
(4) whether there are patterns of non-compliance with such
standards among certain types of products or certain types of
manufacturers.
Sec. 505. Not later than 540 days after the date of the enactment
of this Act, the Consumer Product Safety Commission shall--
(1) in consultation with representatives of consumer
groups, window blind manufacturers, and independent engineers
and experts, examine and assess the effectiveness of the ANSI/
WCMA A100.1-2010 safety standard, as in effect on the day
before the date of the enactment of this Act; and
(2) if the Commission determines that a more stringent
standard for window coverings, or revised version of the
standard described in paragraph (1), would eliminate the
strangulation risk posed by corded window coverings,
promulgate, in accordance with section 553 of title 5, United
States Code, a window covering safety standard that is more
stringent than the standard described in paragraph (1).
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), $14,750,000, 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, $354,181,000: Provided, That $354,181,000 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 2012 so as to result in a final fiscal year
2012 appropriation estimated at $0: Provided further, That any
offsetting collections received in excess of $354,181,000 in fiscal
year 2012 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, 2011, 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 2012: Provided further, That of the amount
appropriated under this heading, not less than $11,721,000 shall be for
the salaries and expenses of the Office of Inspector General.
administrative provisions--federal communications commission
Sec. 510. Section 302 of the Universal Service Antideficiency
Temporary Suspension Act is amended by striking ``December 31, 2011'',
each place it appears and inserting ``December 31, 2013''.
Sec. 511. 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,
$45,261,000, 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, $66,367,000, 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, $24,723,000:
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, $311,563,000, 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 $149,000,000
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 2012, so as to result in a final fiscal
year 2012 appropriation from the general fund estimated at not more
than $141,563,000: 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
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 $8,144,967,000, of which: (1)
$65,000,000 shall remain available until expended for construction and
acquisition (including funds for sites and expenses, and associated
design and construction services): Provided, That the General Services
Administration shall submit a detailed plan, by project, regarding the
use of funds to the Committees on Appropriations of the House of
Representatives and the Senate within 30 days of enactment of this
section and will provide notification to the Committees within 15 days
prior to any changes regarding the use of these funds; (2)
$280,000,000, including $20,000,000 for a Judicial Capital Security
program, to remain available until expended for repairs and
alterations, which includes associated design and construction
services: 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, 2013 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) $126,801,000 for installment acquisition payments
including payments on purchase contracts which shall remain available
until expended; (4) $5,285,198,000 for rental of space which shall
remain available until expended; and (5) $2,387,968,000 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 2012, 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;
services as authorized by 5 U.S.C. 3109; and the Office of High
Performance Green Buildings; $61,750,000.
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;
$70,000,000.
office of inspector general
For necessary expenses of the Office of Inspector General and
service authorized by 5 U.S.C. 3109, $58,000,000: 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.
information and engagement for citizens
(including transfer of funds)
For necessary expenses of the Office of Citizen Services and
Innovative Technologies, including services authorized by 5 U.S.C.
3109, and for the necessary expenses in support of interagency projects
that enable the Federal Government to conduct activities
electronically, through the development and implementation of
innovative uses of information technology, $39,084,000 to be deposited
to the Federal Citizen Services Fund and that these funds may be
transferred to Federal agencies to carry out the purpose of the fund
and this transfer authority shall be in addition to any other transfer
authority provided in the Act: Provided, That the appropriations,
revenues, reimburseables, and collections deposited into the Federal
Citizen Services Fund shall only be available for necessary expenses of
Federal Citizen Services and other information activities in the
aggregate amount not to exceed $90,000,000: Provided further, That
revenues and collections accruing to the Fund during fiscal year 2012
in excess of such amount shall remain available in the Fund without
regard to fiscal year and shall not be available for expenditure except
as authorized in appropriations acts.
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, $3,671,000.
administrative provisions--general services administration
(including transfers of funds and rescission)
Sec. 520. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 521. Funds in the Federal Buildings Fund made available for
fiscal year 2012 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. 522. Except as otherwise provided in this title, funds made
available by this Act shall be used to transmit a fiscal year 2013
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. 523. 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. 524. 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. 525. 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. 526. Section 1703 of title 41 U.S.C. is amended in paragraph
(i)(6) by:
(1) deleting ``for training''; and
(2) deleting ``paragraph (2)'' and inserting in lieu
thereof ``subparagraphs (A) and (C) to (J) of section
1122(a)(5) of this title''.
Sec. 527. (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. 528. Of the amounts made available under the heading ``Policy
and Operations'' for the maintenance, protection, and disposal of the
U.S. Coast Guard Service Center at Governor's Island, New York and the
Lorton Correctional Facility in Lorton, Virginia in prior years whether
approporated directly to the General Services Administration (GSA) or
to any other agency of the Government and received by GSA for such
purpose, $4,600,000 are rescinded.
Sec. 529. Within 120 days of enactment, the General Services
Administration shall submit a detailed report to the Committees on
Appropriations of the House of Representatives and the Senate that
describes each program, project, or activity that is funded by
appropriations to General Services Administration but is not under the
control or direction, in statute or in practice, of the Administrator
of General Services.
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, $700,000, 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, $40,258,000 together with not to exceed
$2,345,000 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.), $2,200,000, 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, $3,792,000, 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 necessary expenses in
connection with the operations and maintenance of the electronic
records archives to include all direct project costs associated with
research, program management, and corrective and adaptive software
maintenance, 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, $378,845,000:
Provided, That all remaining balances appropriated in prior fiscal
years under the heading ``Electronic Records Archives'' shall be
transferred to this account.
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, $4,100,000.
repairs and restoration
For the repair, alteration, and improvement of archives facilities,
and to provide adequate storage for holdings, $9,659,000, to remain
available until expended: Provided, That from amounts made available
for the Military Personnel Records Center requirement study under this
heading in Public Law 108-199, the remaining unobligated balances shall
be available to implement the National Archives and Records
Administration Capital Improvement Plan: Provided further, That from
amounts made available under this heading in Public Law 111-8 for
construction costs and related services for building the addition to
the John F. Kennedy Presidential Library and Museum and other necessary
expenses, including renovating the Library as needed in constructing
the addition, the remaining unobligated balances shall be available to
implement the National Archives and Records Administration Capital
Improvement Plan.
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, $5,000,000,
to remain available until expended.
National Credit Union Administration
central liquidity facility
During fiscal year 2012, 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 2012 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, $1,247,000 shall be
available until September 30, 2013 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, $13,664,000.
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 [OPM] 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 OPM 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, $97,774,000, of which
$6,004,000 shall remain available until expended for the Enterprise
Human Resources Integration project, of which $642,000 may be for
strengthening the capacity and capabilities of the acquisition
workforce (as defined by the Office of Federal Procurement Policy Act,
as amended (41 U.S.C. 4001 et seq.)), including the recruitment,
hiring, training, and retention of such workforce and information
technology in support of acquisition workforce effectiveness or for
management solutions to improve acquisition management, $1,416,000
shall remain available until expended for the Human Resources Line of
Business project; and in addition $112,516,000 for administrative
expenses, to be transferred from the appropriate trust funds of OPM
without regard to other statutes, including direct procurement of
printed materials, for the retirement and insurance programs:
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 OPM
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 2012,
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.
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, $3,142,000, and in addition, not to exceed $21,174,000
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; $18,972,000.
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), $14,304,000, 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), $1,000,000, to
remain available until September 30, 2013.
Recovery Accountability and Transparency Board
salaries and expenses
For necessary expenses of the Recovery Accountability and
Transparency Board to carry out the provisions of title XV of the
American Recovery and Reinvestment Act of 2009 (Public Law 111-5),
$28,400,000, to remain available until September 30, 2012.
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, $1,407,483,130, to remain available until
expended; of which not less than $6,795,000 shall be for the Office of
Inspector General; of which not to exceed $45,000 may be used toward
funding a permanent secretariat for the International Organization of
Securities Commissions; of which, $483,130 shall be for strengthening
the capacity and capabilities of the acquisition workforce as defined
by the Office of Federal Procurement Policy Act, as amended (41 U.S.C.
401 et seq.), including the recruitment, hiring, training, and
retention of such workforce and information technology in support of
acquisition workforce effectiveness or for management solutions to
improve acquisition management; and 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; Provided, That fees and charges authorized by
section 31 of the Securities Exchange Act of 1934 (15 U.S.C. 78ee)
shall be credited to this account as offsetting collections: Provided
further, That not to exceed $1,407,483,000 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 2012 shall be
reduced as such offsetting fees are received so as to result in a final
total fiscal year 2012 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;
$23,984,000: 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, $404,202,000: 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 the Small Business
Administration may accept gifts in an amount not to exceed $4,000,000
and may co-sponsor activities, each in accordance with section 132(a)
of division K of Public Law 108-447, during fiscal year 2012: Provided
further, That $112,774,000 shall be available to fund grants for
performance in fiscal year 2012 or fiscal year 2013 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 $21,956,000 shall remain available until
September 30, 2013 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 2012, the applicable
percentage under section 7(m)(4)(A) of the Small Business Act shall be
50 percent: Provided further, That $7,100,000 shall be available for
the Loan Modernization and Accounting System, to be available until
September 30, 2013: 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).
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,
$16,267,400.
office of advocacy
(including transfer of funds)
For necessary expenses of the Office of Advocacy in carrying out
the provisions of title II of Public Law 94-305 (15 U.S.C. 634a et
seq.) and the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et
seq.), $9,120,000, to remain available until expended.
business loans program account
(including transfer of funds)
For the cost of direct loans, $3,678,000, to remain available until
expended, and for the cost of guaranteed loans as authorized by section
7(a) of the Small Business Act and section 503 of the Small Business
Investment Act of 1958, $206,862,000, 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 2012
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 2012 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 2012 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 2012, 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,
$147,958,000, which may be transferred to and merged with the
appropriations for Salaries and Expenses.
disaster loan program account
For an additional amount for the ``Disaster Loans Program Account''
for the administrative costs of direct loans authorized by section 7(b)
of the Small Business Act and resulting from a major disaster
designation pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122(2)), $167,300,000, to remain
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 $157,300,000 is for direct administrative
expense 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: Provided, That such amount is designated by Congress as
being for disaster relief pursuant to section 251(b)(2)(D) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law
99-177), as amended.
administrative provisions--small business administration
(including transfer of funds)
Sec. 530. 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.
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, $78,153,000, which shall not be
available for obligation until October 1, 2012: 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 2012.
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,
$241,468,000, 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, $51,469,000: 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 2012, 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 at a minimum, the report shall include:
(A) 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;
(B) 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
(C) 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 2012 from appropriations made available for salaries
and expenses for fiscal year 2012 in this Act, shall remain available
through September 30, 2013, 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 chapter
15 of title 41, United States Code 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 chapter 83 of title 41,
United States Code (popularly known as the Buy American Act), 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 103 of title
41, United States Code).
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, 2011, including accrued interest, as a
result of the assessment of monetary penalties. Funds available for
obligation in fiscal year 2012 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, $998,000 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. 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. 619. 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. 620. During fiscal year 2012, 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.
Sec. 621. The Help America Vote Act of 2002 (Public Law 107-252)
is amended by:
(1) inserting in section 255(b)(42 U.S.C. 15405) ``posted
on the Commission's website with a notice'' after ``cause to
have the plan'';
(2) inserting in section 253(d)(42 U.S.C. 15403) ``notice
of'' prior to ``the State plan'';
(3) inserting in section 254(a)(11)(42 U.S.C. 15404)
``notice of'' prior to ``the change''; and
(4) inserting in section 254(a)(11)(C)(42 U.S.C. 15404)
``notice of'' prior to ``the change''.
Sec. 622. Section 605 of the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act, 1990 (15
U.S.C. 18a note) is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``The filing fees'' and inserting ``Subject to
subsection (c), the filing fees'';
(B) in paragraph (1), by striking ``$45,000'' and
inserting ``$60,000'';
(C) in paragraph (2)--
(i) by striking ``$125,000'' and inserting
``$160,000''; and
(ii) by striking ``and'' at the end;
(D) in paragraph (3)--
(i) by striking ``$280,000'' and inserting
``$360,000''; and
(ii) by striking the period at the end and
inserting ``but less than $1,000,000,000 (as so
adjusted and published); and''; and
(E) by adding at the end the following:
``(4) $500,000 if the aggregate total amount determined
under section 7A(a)(2) of the Clayton Act (15 U.S.C. 18a(a)(2))
is not less than $1,000,000,000 (as so adjusted and
published).''; and
(2) by adding at the end the following:
``(c) For fiscal year 2013, and each fiscal year thereafter, the
Federal Trade Commission shall publish in the Federal Register and
increase the amount of each filing fee under subsection (b) in the same
manner and on the same dates as provided under section 8(a)(5) of the
Clayton Act (15 U.S.C. 19(a)(5)) to reflect the percentage change in
the gross national product for the fiscal year as compared to the gross
national product for fiscal year 2011, except that the Federal Trade
Commission--
``(1) shall round any increase in a filing fee under this
subsection to the nearest $5,000;
``(2) shall not increase filing fees under this subsection
if the increase in the gross national product is less than 1
percent; and
``(3) shall not decrease filing fees under this
subsection.''.
Sec. 623. None of the funds appropriated by this or any other Act
shall be available for the purpose of conveying the headquarters
building of the Federal Trade Commission (located at 600 Pennsylvania
Avenue, Northwest, in the District of Columbia) to any entity unless
the Administrator of the General Services Administration determines
that such transaction is made in the best interest of the taxpayer. In
making a final determination, the Administrator shall consider if the
Federal Government would be compensated at least the Fair Market Value
of such building as determined by the Administrator of the General
Services. 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. The Administrator shall also consider cost to the taxpayer
for acquiring replacement space for the headquarters building of the
Federal Trade Commission and for moving staff and operations to such
replacement space. The determination of the Administrator shall be
final.
Sec. 624. Notwithstanding any other provision of law, the
President may not restrict direct transfers from a Cuban financial
institution to a United States financial institution executed in
payment for a product authorized for sale under the Trade Sanctions
Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.).
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 2012 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
$13,179 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 2012, 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
2012, 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 2012, 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 2012 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 2012 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, 2011, 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, 2011, 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, 2011.
(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; or
(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. (a) 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 Control 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 provision of this section, 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.
(b) Effective 180 days after enactment of this Act, subsection (a)
is amended by--
(1) striking ``Executive Order No. 12958'' and inserting
``Executive Order No. 13526 (75 Fed. Reg. 707), or any
successor thereto''; and
(2) after ``the Intelligence Identities Protection Act of
1982 (50 U.S.C. 421 et seq.) (governing disclosures that could
expose confidential Government agents);'' inserting ``sections
7(c) and 8H of the Inspector General Act of 1978 (5 U.S.C.
App.) (relating to disclosures to an inspector general, the
inspectors general of the Intelligence Community, and
Congress); section 103H(g)(3) of the National Security Act of
1947 (50 U.S.C. 403-3h(g)(3) (relating to disclosures to the
inspector general of the Intelligence Community); sections
17(d)(5) and 17(e)(3) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403q(d)(5) and 403q(e)(3)) (relating to
disclosures to the Inspector General of the Central
Intelligence Agency and Congress);''.
(c) A nondisclosure agreement entered into before the effective
date of the amendment in subsection (b) may continue to be implemented
and enforced after that effective date if it complies with the
requirements of subsection (a) that were in effect prior to the
effective date of the amendment in subsection (b).
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 2012, 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 2012 and any
period thereafter that precedes the enactment of the Financial Services
and General Government Appropriations Act, 2013. 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. The Office of Management and Budget shall issue
guidance, consistent with section 735 of division D of the Omnibus
Appropriations Act, 2009, Public Law 111-8, and section 739(a)(1) of
division D of the Consolidated Appropriations Act, 2008 (Public Law
110-161), and section 327 of the 2008 National Defense Authorization
Act (Public Law 110-181), to prohibit the use of direct conversions to
contract out, in whole or in part, activities or functions last
performed by any number of Federal employees by an executive agency
without first conducting a public-private competition. Such guidance
shall ensure that--
(1) activities or functions performed by an executive
agency and are reengineered, reorganized, modernized, upgraded,
expanded, or changed to become more efficient, but still
essentially providing the same service, shall not be contacted
out without first conducting a public-private conpetition;
(2) activities or functions performed by Federal employees
for an executive agency may not be modified, reorganized,
divided, or in any way changed for the purpose of exempting the
conversion of the activities or functions from the prohibition
against the use of direct conversions; and
(3) activities or functions performed by Federal employees
for an executive agency who have retired or been reassigned to
perform other activities may not be converted to contractor
performance without first conducting a public-private
competition.
Sec. 743. During fiscal year 2012, for each employee who--
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of
title 5, United States Code, or
(2) retires under any other provision of subchapter III of
chapter 83 or chapter 84 of such title 5 and receives a payment
as an incentive to separate, the separating agency shall remit
to the Civil Service Retirement and Disability Fund an amount
equal to the Office of Personnel Management's average unit cost
of processing a retirement claim for the preceding fiscal year.
Such amounts shall be available until expended to the Office of
Personnel Management and shall be deemed to be an
administrative expense under section 8348(a)(1)(B) of title 5,
United States Code.
Sec. 744. (a) Definitions.--In this section--
(1) the term ``agency''--
(A) means an Executive agency as defined under
section 105 of title 5, United States Code; and
(B) does not apply to the Department of Defense;
and
(2) the term ``Federal employee'' means an employee as
defined under section 2105 of title 5, United States Code.
(b) Prohibition of Certain Personnel Management Limitations.--
(1) In general.--Federal employees in each agency shall be
managed each fiscal year solely on the basis of, and consistent
with--
(A) the workload required to carry out the
functions and activities of that agency; and
(B) the funds made available to that agency for
that fiscal year.
(2) Prohibition on limitations.--Notwithstanding any other
provision of law--
(A) the management of Federal employees in any
fiscal year shall not be subject to any limitation in
terms of work years, full-time equivalent positions, or
maximum number of Federal employees; and
(B) an agency may not be required to make a
reduction in the number of full-time equivalent
positions, unless that reduction is--
(i) necessary due to a reduction in funds
available to the agency; or
(ii) required under a statute that--
(I) is enacted after the date of
enactment of this Act; and
(II) specifically refers to this
section.
(c) Employee Numbers, Skills, and Qualifications.--In each fiscal
year, the head of each agency shall ensure that there are employed
during that fiscal year Federal employees in the number and with the
combination of skills and qualifications that are necessary to carry
out the functions within the applicable budget activity for which funds
are provided for that fiscal year.
(d) Reports.--
(1) In general.--Not later than February 1 of each year,
the Director of the Office of Management and Budget shall
submit to the Committees on Appropriations of the Senate and
the House of Representatives a report on the management of the
Federal workforce.
(2) Contents.--Each report submitted under this subsection
shall include a statement by the Director of the Office of
Management and Budget with respect to the preceding fiscal
year--
(A) on the compliance of agencies (including the
Office of Management and Budget) with subsections (b)
and (c); and
(B) that identifies any agency that was not in
compliance with subsections (b) and (c).
(e) Effective Date.--This section shall apply to fiscal year 2012
and each fiscal year thereafter.
Sec. 745. 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.
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 2012, 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, 2012.
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. Hereafter, as part of the submission of the annual
budget justification, 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 a report
addressing--
(1) crime, including the homicide rate, implementation of
community policing, and the number of police officers on local
beats;
(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) education, including access to special education
services and student achievement to be provided in consultation
with the District of Columbia Public Schools, repeated grade
rates, high school graduation rates, and post-secondary
education attendance rates;
(4) improvement in basic District services, including rat
control and abatement; and
(5) 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.
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 2012 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, 2012''.
Calendar No. 171
112th CONGRESS
1st Session
S. 1573
[Report No. 112-79]
_______________________________________________________________________
A BILL
Making appropriations for financial services and general government for
the fiscal year ending September 30, 2012, and for other purposes.
_______________________________________________________________________
September 15, 2011
Read twice and placed on the calendar