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I DIVISION C-FINANCIAL SERVICES AND
2 GENERAL GOVERNMENT APPROPRIA-
3 TIONS ACT, 2012
4 TITLE I
5 DEPARTMENT OF THE TREASURY
6 OFFICES
7 SALARIES AND EXPENSES
8 For necessary expenses of the Departmental Offices
9 including operation and maintenance of the Treasury
10 Building and Annex; hire of passenger motor vehicles;
II maintenance, repairs, and improvements of, and purchase
I2 of commercial insurance policies for, real properties leased
13 or owned overseas, when necessary for the performance
I4 of official business; terrorism and financial intelligence ac-
I5 tivities; executive direction program activities; inter-
I6 national affairs and economic policy activities; domestic fi-
I7 nance and tax policy activities; and Treasury-wide man-
I8 agement policies and programs activities, $308,388,000:
I9 Provided, That of the amount appropriated under this
20 heading, $100,000,000 is for the Office of Terrorism and
21 Financial Intelligence, of which not to exceed $26,608,000
22 is available for administrative expenses: Provided further,
23 That of the amount appropriated under this heading, not
24 to exceed $3,000,000, to remain available until September
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1 30, 2013, is for information technology modernization re-
2 quirements; not to exceed $350,000 is for official reception
3 and representation expenses; and not to exceed $258,000
4 is for unforeseen emergencies of a confidential nature, to
5 be allocated and expended under the direction of the Sec-
6 retary of the Treasury and to be accounted for solely on
7 his certificate: Provided further, That of the amount ap-
8 propriated under this heading, $6,787,000, to remain
9 available until September 30, 2013, is for the Treasury-
10 wide Financial Statement Audit and Internal Control Pro-
11 gram: Provided further, That of the amount appropriated
12 under this heading, $500,000, to remain available until
13 September 30, 2013, is for secure space requirements:
14 Provided further, That of the amount appropriated under
15 this heading, up to $3,400,000, to remain available until
16 September 30, 2014, is to develop and implement pro-
17 grams within the Office of Critical Infrastructure Protec-
18 tion and Compliance Policy, including entering into coop-
19 erative agreements: Provided further, That notwith-
20 standing any other provision of law, of the amount appro-
21 priated under this heading, up to $1,000,000 may be con-
22 tributed to the Organization for Economic Cooperation
23 and Development for the Department's participation m
24 programs related to global tax administration.
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2
3
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
3 For necessary expenses of the Office of Inspector
I
4 General in carrying out the provisions of the Inspector
5 General Act of 1978, $29,641,000, including hire of pas-
6 senger motor vehicles; of which not to exceed $100,000
7 shall be available for unforeseen emergencies of a con-
8 fidential nature, to be allocated and expended under the
9 direction of the Inspector General of the Treasury; and
10 of which not to exceed $2,500 shall be available for official
11 reception and representation expenses.
12 TREASURY INSPECTOR GENERAL FOR TAX
13 ADl\IINISTRATION
14 SALARIES AND EXPENSES
15 For necessary expenses of the Treasury Inspector
16 General for Tax Administration in carrying out the In-
17 spector General Act of 1978, including purchase (not to
18 exceed 150 for replacement only for police-type use) and
19 hire of passenger motor vehicles (31 U.S.C. 1343(b));
20 services authorized by 5 U.S.C. 3109, at such rates as
21 may be determined by the Inspector General for Tax Ad-
22 ministration; $151,696,000, of which not to exceed
23 $500,000 shall be available for unforeseen emergencies of
24 a confidential nature, to be allocated and expended under
25 the direction of the Inspector General for Tax Administra-
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1 tion; and of which not to exceed $1,500 shall be available
2 for official reception and representation expenses.
3 SPECIAL INSPECTOR GENERAL FOR THE TROUBLED
4 ASSET RELIEF PROGRAM
5 SALARIES AND EXPENSES
6 For necessary expenses of the Office of the Special
7 Inspector General in carrying out the provisions of the
8 Emergency Economic Stabilization Act of 2008 (Public
9 Law 110-343), $41,800,000.
10 FINANCIAL CRIMES ENFORCEMENT NETWORK
11 SALARIES AND EXPENSES
12 For necessary expenses of the Financial Crimes En-
13 forcement Network, including hire of passenger motor ve-
14 hicles; travel and training expenses, including for course
15 development, of non-Federal and foreign government per-
16 sonnel to attend meetings and training concerned with do-
17 mestic and foreign financial intelligence activities, law en-
18 forcement, and financial regulation; not to exceed $14,000
19 for official reception and representation expenses; and for
20 . assistance to Federal law enforcement agencies, with or
21 without reimbursement, $110,788,000, of which not to ex-
22 ceed $34,335,000 shall remain available until September
23 30, 2014: Provided, That funds appropriated in this ac-
24 count may be used to procure personal services contracts.
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1 TREASURY FORFEITURE FUND
2 (RESCISSION)
3 Of the unobligated balances available under tllis
4 heading, $950,000,000 are rescinded.
5 FINANCIAL MANAGEMENT SERVICE
6 SALARIES AND EXPENSES
7 For necessary.expenses of the Financial Management
8 Service, $217,805,000, of which not to exceed $4,210,000
9 shall remain available until September 30, 2014, for infor-
10 mation systems modernization initiatives; and of which not
11 to exceed $2,500 shall be available for official reception
12 and representation expenses.
13 .ALCOHOL AND TOBACCO TAX AND TRADE BUREAU
14 SALARIES AND EXPENSES
15 For necessary expenses of carrying out section 1111
16 of the Homeland Security Act of 2002, including hire of
17 passenger motor vehicles, $99,878,000; of which not to ex-
18 ceed $6,000 for official reception and representation ex-
19 penses; not to exceed $50,000 for cooperative research and
20 development programs for laboratory services; and provi-
21 sion of laboratory assistance to State and local agencies
22 with or without reimbursement: Provided, That of the
23 amount appropriated under this heading, $2,000,000 shall
24 be for the costs of special law enforcement agents to target
25 tobacco smuggling and other criminal diversion activities.
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I UNITED STATES MINT
2 UNITED STATES MINT PUBLIC ENTERPRISE FUND
3 Pursuant to section 5136 of title 31, United States
4 Code, the United States Mint is provided funding through
5 the United States Mint Public Enterprise Fund for costs
6 associated with the production of circulating coins, numis-
7 matic coins, and protective services, including both oper-
8 ating expenses and capital investments. The aggregate
9 amount of new liabilities and obligations incurred during
10 fiscal year 2012 under such section 5136 for circulating
II coinage and protective service capital investments of the
I2 United States Mint shall not exceed $20,000,000.
I3 BUREAU OF THE PUBLIC DEBT
I4 ADMINISTERING THE PUBLIC DEBT
I5 For necessary expenses connected with any public-
I6 debt issues of the United States, $173,635,000, of which
I7 not to exceed $2,500 shall be available for official recep-
I8 tion and representation expenses, and of which not to ex-
I9 ceed $10,000,000 shall remain available until September
20 30, 2014 to reduce improper payments: Provided, That
2I the sum appropriated .herein from the general fund for fis-
22 cal year 2012 shall be reduced by not more than
23 $8,000,000 as definitive security issue fees and Legacy
24 Treasury Direct Investor Account Maintenance fees are
25 collected, so as to result in a final fiscal year 2012 appro-
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1 priation from the general fund estimated at $165,635,000.
2 In addition, $165,000 to be derived from the Oil Spill Li-
3 ability Trust Fund to reimburse the Bureau for adminis-
4 trative and personnel expenses for financial management
5 of the Fund, as authorized by section 1012 of Public Law
6 101-380.
7 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS
8 FuND PRoGRAM AccouNT
9 To carry out the Community Development Banking
10 and Financial Institutions Act of 1994 (Public Law 103-
11 325), including services authorized by 5 U.S.C. 3109, but
12 at rates for individuals not to exceed the per diem rate
13 equivalent to the rate for ES-3, notwithstanding section
14 4707(e) of title 12, United States Code with regard to
15 Small and/or Emerging Community Development Finan-
16 cial Institutions Assistance awards, $221,000,000, to re-
17 main available until September 30, 2013; of which
18 $12,000,000, notwithstanding section 4707(e) of title 12,
19 United States Code, shall be for financial assistance, tech-
20 nical assistance, training and outreach programs, designed
21 to benefit Native American, Native Hawaiian, and Alas-
22 kan Native communities and provided primarily through
23 qualified community development lender organizations
24 with experience and expertise in community development
25 banking and lending in Indian country, Native American
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1 organizations, tribes and tribal organizations and other
2 suitable providers; of which, notwithstanding section
3 108(d) of such Act, up to $22,000,000 shall be for a
4 Healthy Food Financing Initiative to provide grants and
5 loans to community development financial institutions for
6 the purpose of offering affordable financing and technical
7 assistance to expand the availability of healthy food op-
8 tions in distressed communities; of which $18,000,000
9 shall be for the Bank Enterprise Awards program; and
10 of which up to $22,965,000 may be used for administra-
11 tive expenses, including administration of the New Mar-
12 kets Tax Credit; of which up to $10,315,000 may be used
13 for the cost of direct loans; and of which up to $250,000
14 may be used for administrative expenses to carry out the
15 direct loan program: Provided, That the cost of direct
16 loans, including the cost of modifying such loans, shall be
17 as defined in section 502 of the Congressional Budget Act
18 of 1974: Provided further, That these funds are available
19 to subsidize gross obligations for the principal amount of
20 direct loans not to exceed $25,000,000: Provided further,
21 That of the funds awarded under this heading, not less
22 than 10 percent shall be used for projects that serve popu-
23 lations living in persistent poverty counties (where such
24 term is defined as any county that has had 20 percent
25 or more of its population living in poverty over the past
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1 30 years, as measured by the 1990, 2000, and 2010 de-
2 cennial censuses).
3 INTERNAL REVENUE SERVICE .
4 TAXPAYER SERVICES
5 For necessary expenses of the Internal Revenue Serv-
6 ice to provide taxpayer services, including pre-filing assist-
7 ance and education, filing and account services, taxpayer
8 advocacy services, and other services as authorized by 5
9 U.S.C. 3109, at such rates as may be determined by the
10 Commissioner, $2,239,703,000, of which not less than
11 $5,600,000 shall be for the Tax Counseling for the Elderly
12 Program, of which not less than $9,750,000 shall be avail-
13 able for low-income taxpayer clinic grants, of which not
14 less than $12,000,000, to remain available until Sep-
15 tember 30, 2013, shall be available for a Community Vol-
16 unteer Income Tax Assistance matching grants program
17 for tax return preparation assistance, of which not less
18 than $205,000,000 shall be available for operating ex-
19 penses of the Taxpayer Advocate Service, and of which
20 $15,481,000 shall be for expenses necessary to implement
21 the tax credit in title II of division A of the Trade Act
22 of 2002 (Public Law 107-210).
23 ENFORCEMENT
24 For necessary expenses for tax enforcement activities
25 of the Internal Revenue Service to determine and collect
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I owed taxes, to provide legal and litigation support, to con-
2 duct criminal investigations, to enforce criminal statutes
3 related to violations of internal revenue laws and other fi-
4 nancial crimes, to purchase (for police-type use, not to ex-
5 ceed 850) and hire passenger motor vehicles (31 U.S.C.
6 1343(b)), and to provide other services as authorized by
7 5 U.S.C. 3109, at such rates as may be determined by
8 the Commissioner, $5,299,367,000, of which not less than
9 $60,257,000 shall be for the Interagency Crime and Drug
I 0 Enforcement program.
II OPERATIONS SUPPORT
I2 For necessary expenses of the Internal Revenue Serv-
13 tce to support taxpayer services and enforcement pro-
I4 grams, including rent payments; facilities services; print-
I5 ing; postage; physical security; headquarters and other
16 IRS-wide administration activities; research and statistics
I7 of income; telecommunications; information technology de-
I8 velopment, enhancement, operations, maintenance, and se-
19 curity; the hire of passenger motor vehicles (31 U.S.C.
20 1343(b)); and other services as authorized by 5 U.S.C.
21 3109, at such rates as may be deternrined by the Commis-
22 sioner; $3,947,416,000, of which up to $250,000,000 shall
23 remain available until September 30, 2013, for informa-
24 tion technology support; of which up to $65,000,000 shall
25 remain available until expended for acquisition of real
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1 property, equipment, construction and renovation of facili-
2 ties; of which not to exceed $1,000,000 shall remain avail-
3 able until September 30, 2014, for research; of which not
4 less than $2,000,000 shall be for the Internal Revenue
5 Service Oversight Board; of which not to exceed $25,000
6 shall be for official reception and representation expenses:
7 Provided, That not later than 14 days after the end of
8 each quarter of each fiscal year, the Internal Revenue
9 Service shall submit a report to the House and Senate
10 Committees on Appropriations and the Comptroller Gen-
11 eral of the United States detailing the cost and schedule
12 performance for its major information technology invest-
13 ments, including the purpose and life-cycle stages of the
14 investments; the reasons for any cost and schedule
15 variances; the risks of such investments and strategies the
16 Internal Revenue Service is using to mitigate such risks;
17 and the expected developmental milestones to be achieved
18 and costs to be incurred in the next quarter: Provided fur-
19 ther, That the Internal Revenue Service shall include, in
20 its budget justification for fiscal year 2013, a summary
21 of cost and schedule performance information for its major
22 information technology systems.
23 BUSINESS SYSTEMS MODERNIZATION
24 For necessary expenses of the Internal Revenue Serv-
25 ice's business systems modernization program,
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I $330,210,000, to remain available until September 30,
2 2014, for the capital asset acquisition of information tech-
3 nology systems, including management and related con-
4 tractual costs of said acquisitions, including related Inter-
S nal Revenue Service labor costs, and contractual costs as-
6 sociated with operations authorized by 5 U.S.C. 3109:
7 Provided, That not later than 14 days after the end of
8 each quarter of each fiscal year, the Internal Revenue
9 Service shall submit a report to the House and Senate
10 Committees on Appropriations and the Comptroller Gen-
II era! of the United States detailing the cost and schedule
12 performance for CADE2 and Modernized e-File informa-
I3 tion technology investments, including the purposes and
14 life-cycle stages of the investments; the reasons for any
IS cost and schedule variances; the risks of such investments
I6 and the strategies the Internal Revenue Service is using
I7 to mitigate such risks; and the expected developmental
I8 milestones to be achieved and costs to be incurred in the
19 next quarter.
20 ADMINISTRATIVE PROVISIONS-INTERNAL REVENUE
21 SERVICE
22 (INCLUDING TRANSFER OF FUNDS)
23 SEc. 101. Not to exceed 5 percent of any appropria-
24 tion made available in tins Act to the Internal Revenue
25 Service or not to exceed 3 percent of appropriations under
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I the heading "Enforcement" may be transferred to any
2 other Internal Revenue Service appropriation upon the ad-
3 vance approval of the Committees on Appropriations.
4 SEC. 102. The Internal Revenue Service shall main-
5 tain a training program to ensure that Internal Revenue
6 Service employees are trained in taxpayers' rights, in deal-
7 ing courteously with taxpayers, and in cross-cultural rela-
8 tions.
9 SEC. 103. The Internal Revenue Service shall insti-
10 tute and enforce policies and procedures that will safe-
II guard the confidentiality of taxpayer information and pro-
I2 teet taxpayers against identity theft.
13 SEC. 104. Funds made available by this or any other
14 Act to the Internal Revenue Service shall be available for
I5 improved facilities and increased staffing to provide suffi.-
16 cient and effective 1-800 help line service for ta.'qlayers.
17 The Commissioner shall continue to make the improve-
IS ment ofthe Internal Revenue Service 1-800 help line serv-
19 ice a priority and allocate resources nece!1sary to increase
20 phone lines and staff to improve the Internal Revenue
21 Service 1-800 help line service.
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1 .ADliiiNISTRATIVE PROVISIONS-DEPARTl\IENT OF THE
2 TREASURY
3 (INCLUDING TRANSFERS OF FUNDS)
4 SEc. 105. Appropriations to the Department of the
5 Treasury in this Act shall be available for uniforms or al-
6 lowances therefor, as authorized by law (5 U.S.C. 5901),
7 including maintenance, repairs, and cleaning; purchase of
8 insurance for official motor vehicles operated in foreign
9 countries; purchase of motor vehicles without regard to the
10 general purchase price limitations for vehicles purchased
11 and used overseas for the current fiscal year; entering into
12 contracts with the Department of State for the furnishing
13 of health and medical services to employees and their de-
14 pendents serving in foreign countries; and services author-
15 ized by 5 U.S.C. 3109.
16 SEC. 106. Not to exceed 2 percent of any appropria-
17 tions in this Act made available to the Departmental Of-
18 fices-Salaries and Expenses, Office of Inspector General,
19 Special Inspector General for the Troubled Asset Relief
20 Program, Financial Management Service, Alcohol and To-
21 bacco Tax and Trade Bureau, Financial Crimes Enforce-
22 ment Network, and Bureau of the Public Debt, may be
23 transferred between such appropriations upon the advance
24 approval of the Committees on Appropriations: Provided,
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1 That no transfer may increase or decrease any such appro-
2 priation by more than 2 percent.
3 SEC. 107. Not to exceed 2 percent of any appropria-
4 tion made available in this Act to the Internal Revenue
5 Service may be transferred to the Treasury Inspector Gen-
6 eral for Tax Administration's appropriation upon the ad-
7 vance approval of the Committees on Appropriations: Pro-
8 vided, That no transfer may increase or decrease any such
9 appropriation by more than 2 percent.
10 SEC. 108. Of the funds available for the purchase of
11 law enforcement vehicles, no funds may be obligated until
12 the Secretary of the Treasury certifies that the purchase
13 by the respective Treasury bureau is consistent with de-
14 partmental vehicle management principles: Provided, That
15 the Secretary may delegate this authority to the Assistant
16 Secretary for Management.
17 SEC. 109. None of the funds appropriated in this Act
18 or otherwise available to the Department of the Treasury
19 or the Bureau of Engraving and Printing may be used
20 to redesign the $1 Federal Reserve note.
21 SEC. 110. The Secretary of the Treasury may trans-
22 fer funds from Financial Management Service, Salaries
23 and Expenses to the Debt Collection Fund as necessary
24 to cover the costs of debt collection: Provided, That such
25 amounts shall be reimbursed to such salaries and expenses
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1 account from debt collections received in the Debt Collec-
2 tion Fund.
3 SEc. 111. Section 122(g)(1) of Public Law 105-119
4 (5 U.S.C. 3104 note), is further amended by striking "12
5 years" and inserting "14 years".
6 SEc. 112. None of the funds appropriated or other-
7 wise made available by this or any other Act may be used
8 by the United States Mint to construct or operate any mu-
9 seum without the explicit approval of the Committees on
10 Appropriations of the House of Representatives and the
II Senate, the House Committee on Financial Services, and
I2 the Senate Committee on Banking, Housing and Urban
13 Affairs.
14 SEC. 113. None of the funds appropriated or other-
IS wise made available by this or any other Act or source
16 to the Department of the Treasury, the Bureau of Engrav-
17 ing and Printing, and the United States Mint, individually
18 or collectively, may be used to consolidate any or all ftmc-
I9 tions of the Bureau of Engraving and Printing and the
20 United States Mint without the explicit approval of the
21 House Committee on Financial Services; the Senate Com-
22 mittee on Banking, Housing, and Urban Affairs; and the
23 Committees on Appropriations of the House of Represent-
24 atives and the Senate.
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I SEC. 114. Funds appropriated by this .Act, or made
2 available by the transfer of funds in this .Act, for the De-
3 partment of the Treasury's intelligence or intelligence re-
4 lated activities are deemed to be specifically authorized by
5 the Congress for purposes of section 504 of the National
6 Security .Act of 1947 (50 U.S.C. 414) during fiscal year
7 2012 until the enactment of the Intelligence .Authorization
8 .Act for Fiscal Year 2012.
9 SEC. 115. Not to exceed $5,000 shall be made avail-
10 able from the Bureau of Engraving and Printing's Indus-
. II trial Revolving Fund for necessary official reception and
I2 representation expenses.
I3 SEc. 116. Section 5114(c) of title 31, United States
14 Code (relating to engraving and printing currency and se-
I5 curity documents), is amended by striking "for a period
16 of not more than 4 years".
17 SEC. 117. In the current fiscal year and each fiscal
I8 year hereafter, any person who forwards to the Bureau
19 of Engraving and Printing a mutilated paper currency
20 claim equal to or exceeding $10,000 for redemption will
2I be required to provide the Bureau their taxpayer identi-
22 fication number.
23 SEC. 118. Section 5318(g)(2)(.A) of title 31, United
24 States Code, is amended-
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1 (1) by striking clause (i) and inserting the fol-
2 lowing:
3 "(i) neither the financial institution,
4 director, officer, employee, or agent of such
5 institution (whether or not any such per-
6 son is still employed by the institution),
7 nor any other current or former director,
8 officer, or employee of, or contractor for,
9 the financial institution or other reporting
10 person, may notify any person involved in
11 the transaction that the transaction has
12 been reported; and"; and
13 (2) in clause (ii)-
14 (A) by striking "no officer or employee of''
15 and inserting "no current or former officer or
16 employee of or contractor for"; and
17 (B) by inserting "or for" before "any
18 State".
19 SEC. 119. Section 5319 of title 31, United States
20 Code (relating to availability of reports), is amended by
21 inserting after "title 5" tl1e following: ", and may not be
22 disclosed under any State, local, tribal, or territorial 'free-
23 dom of information', 'open government', or similar law".
24 SEC. 120. Section 5331(a) of title 31, United States
25 Code, is amended-
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2
3
4
5
6
7
8
9
10
11
12
13
14
19
(1) by striking paragraph (1) and inserting the
following:
"(1)(A) who is engaged in a trade or business,
and"
'
(2) by redesignating paragraph (2) as subpara-
graph (B);
(3) in subparagraph (B), as so redesignated, by
adding "or" at the end; and
( 4) by inserting after subparagraph (B), as so
redesignated, the following new paragraph:
"(2) who is required to file a report under sec-
tion 6050I(g) of the Internal Revenue Code of
1986,".
SEC. 121. The Secretary of the Treasury shall submit
15 a Capital Investment Plan to the Committees on Appro-
16 priations of the Senate and the House of Representatives
17 not later than 30 days following the submission of the an-
18 nual budget for the Administration submitted by the
19 President: Provided, That such Capital Investment Plan
20 shall include capital investment spending from all accounts
21 within the Department of the Treasury, including but not
22 limited to the Department-wide Systems and Capital In-
23 vestment Programs account, the Working Capital Fund
24 account, and the Treasury Forfeiture Fund account: Pro-
25 vided further, That such Capital Investment Plan shall in-
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1 elude expenditures occurring in previous fiscal years for
2 each capital investment project that has not been fully
3 completed.
4 This title may be cited as the "Department of the
5 Treasury Appropriations Act, 2012".
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I TITLE II
2 EXECUTIVE OFFICE OF THE PRESIDENT AND
3 FUNDS APPROPRIATED TO THE PRESIDENT
4 COMPENSATION OF THE PRESIDENT
5 For compensation of the President, including an ex-
6 pense allowance at the rate of $50,000 per annum as au-
7 thorized by 3 U.S.C. 102, $450,000: Provided, That none
8 of the funds made available for official expenses shall be
9 expended for any other purpose and any unused amount
10 shall revert to the Treasury pursuant to 31 U.S.C. 1552.
11 THE WIDTE HOUSE
12 SALARIES AND EXPENSES
13 For necessary expenses for the White House as au-
14 thorized by law, including not to exceed $3,850,000 for
15 services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 105;
16 subsistence expenses as authorized by 3 U.S.C. 105, which
17 shall be expended and accounted for as provided in that
18 section; hire of passenger motor vehicles, newspapers,
19 periodicals, and travel (not to exceed $100,000 to be ex-
20 pended and accounted for as provided by 3 U.S.C. 103);
21 and not to exceed $19,000 for official entertainment ex-
22 penses, to be available for allocation within the Executive
23 Office of the President; and for necessary expenses of the
24 Office of Policy Development, including services as author-
25 ized by 5 U.S.C. 3109 and 3 U.S.C. 107, $56,974,000.
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1 EXECUTIVE RESIDENCE AT THE WHITE HOUSE
2 OPERATING EXPENSES
3 For the care, maintenance, repair and alteration, re-
4 furnishing, improvement, heating, and lighting, including
5 electric power and fixtures, of the Executive Residence at
6 the White House and official entertainment expenses of
7 the President, $13,425,000, to be expended and accounted
8 for as provided by 3 U.S.C. 105, 109, 110, and 112-114.
9 REIMBURSABLE EXPENSES
10 For the reimbursable expenses of the Executive Resi-
11 dence at the White House, such sums as may be nec-
12 essary: Provided, That all reimbursable operating expenses
13 of the Executive Residence shall be made in accordance
14 with the provisions of this paragraph: Provided further,
15 That, notwithstanding any other provision of law, such
16 amount for reimbursable operating expenses shall be the
17 exclusive authority of the Executive Residence to incur ob-
18 ligations and to receive offsetting collections, for such ex-
19 penses: Provided further, That the Executive Residence
20 shall require each person sponsoring a reimbursable polit-
21 ical event to pay in advance an amount equal to the esti-
22 mated cost of the event, and all such advance payments
23 shall be credited to this account and remain available until
24 expended: Provided further, That the Executive Residence
25 shall require the national committee of the political party
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1 of the President to maintain on deposit $25,000, to be
2 separately accounted for and available for expenses relat-
3 ing to reimbursable political events sponsored by such
4 committee during such fiscal year: Provided further, That
5 the Executive Residence shall ensure that a written notice
6 of any amount owed for a reimbursable operating expense
7 under this paragraph is submitted to the person owmg
8 such amount within 60 days after such expense IS m-
9 curred, and that such amount is collected within 30 days
10 after the submission of such notice: Provided further, That
11 the Executive Residence shall charge interest and assess
12 penalties and other charges on any such aiJiount that is
13 not reimbursed within such 30 days, in accordance with
14 the interest and penalty provisions applicable to an out-
15 standing debt on a United States Government claim under
16 31 U.S.C. 3717: Providedfurther, That each such amount
17 that is reimbursed, and any accompanying interest and
18 charges, shall be deposited in the Treasury as miscella-
19 neous receipts: Provided further, That the Executive Resi-
20 dence shall prepare and submit to the Committees on Ap-
21 propriations, by not later than 90 days after the end of
22 the fiscal year covered by this Act, a report setting forth
23 the reimbursable operating expenses of the Executive Res-
24 idence during the preceding fiscal year, including the total
25 amount of such expenses, the amount of such total that
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1 consists of reimbursable official and ceremonial events, the
2 amount of such total that consists of reimbursable political
3 events, and the portion of each such amount that has been
4 reimbursed as of the date of the report: Provided further,
5 That the Executive Residence shall maintain a system for
6 the tracking of expenses related to reimbursable events
7 within the Executive Residence that includes a standard
8 for the classification of any such expense as political or
9 nonpolitical: Provided further, That no provision of tllis
10 paragraph may be construed to exempt the Executive Res-
11 idence from any other applicable requirement of sub-
12 chapter I or II of chapter 37 of title 31, United States
13 Code.
14 WHITE HOUSE REPAIR AND RESTORATION
15 For the repair, alteration, and improvement of the
16 Executive Residence at the White House, $750,000, tore-
17 main available until expended, for required maintenance,
18 resolution of safety and health issues, and continued pre-
19 ventative maintenance.
20 COUNCIL OF ECONOJ\IIC ADVISERS
21 SALARIES AND EXPENSES
22 For necessary expenses of the Council of Economic
23 Advisers in carrying out its functions under the Employ-
24 ment Act of 1946 (15 U.S.C. 1021 et seq.), $4,192,000.
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1 NATIONAL SECURITY COUNCIL AND HmmLAND
2 SECURITY COUNCIL
3 SALARIES AND EXPENSES
4 For necessary expenses of the National Security
5 Council and the Homeland Security Council, including
6 services as authorized by 5 U.S.C. 3109, $13,048,000.
7 OFFICE OF ADl:IITNISTRATION
8 SALARIES AND EXPENSES
9 For necessary expenses of the Office of Administra-
10 tion, including services as authorized by 5 U.S.C. 3109
11 and 3 U.S.C. 107, and hire of passenger motor vehicles,
12 $112,952,000, of which $10,403,000 shall remain avail-
13 able until expended for continued modernization of the in-
14 formation technology infrastructure within the Executive
15 Office of the President.
16 OFFICE OF MANAGEMENT AND BUDGET
17 SALARIES AND EXPENSES
18 For necessary expenses of the Office of Management
19 and Budget, including hire of passenger motor vehicles
20 and services as authorized by 5 U.S.C. 3109 and to carry
21 out the provisions of chapter 35 of title 44, United States
22 Code, $89,456,000, of which not to exceed $3,000 shall
23 be available for official representation expenses: Provided,
24 That none of the funds appropriated in this Act for the
25 Office of Management and Budget may be used for the
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1 purpose of reviewing any agricultural marketing orders or
2 any activities or regulations under the provisions of the
3 Agricultural Marketing Agreement Act of 1937 (7 U.S.C.
4 601 et seq.): Provided further, That none of the funds
5 made available for the Office of Management and Budget
6 by this Act may be expended for the altering of the tran-
7 script of actual testimony of witnesses, except for testi-
8 mony of officials of the Office of Management and Budget,
9 before the Committees on Appropriations or their sub-
10 committees: Provided further, That none of the funds pro-
11 vided in this or prior Acts shall be used, directly or indi-
12 rectly, by the Office of Management and Budget, for eval-
13 uating or determining if water resource project or study
14 reports submitted by the Chief of Engineers acting
15 through the Secretary of the Army are in compliance with
16 all applicable laws, regulations, and requirements relevant
17 to the Civil Works water resource planning process: Pro-
18 videdfurther, That the Office of Management and Budget
19 shall have not more than 60 days in which to perform
20 budgetary policy reviews of water resource matters on
21 which the Chief of Engineers has reported: Provided fur-
22 ther, That the Director of the Office of Management and
23 Budget shall notify the appropriate authorizing and ap-
24 propriating committees when the 60-day review is initi-
25 ated: Provided further, That if water resource reports have
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I not been transmitted to the appropriate authorizing and
2 appropriating committees within 15 days after the end of
3 the Office of Management and Budget review period based
4 on. the notification from the Director, Congress shall as-
5 sume Office of Management and Budget concurrence with
6 the report and act accordingly.
7 OFFICE OF NATIONAL DRUG CONTROL POLICY
8 SALARIES AND EXPENSES
9 For necessary expenses of the Office of National
I 0 Drug Control Policy; for research activities pursuant to
II the Office of National Drug Control Policy Reauthoriza-
12 tion Act of 2006 (Public Law 109-469); not to exceed
13 $10,000 for official reception and representation expenses;
14 and for participation in joint projects or in the provision
I5 of services on matters of mutual interest with nonprofit,
I6 research, or public organizations or agencies, with or with-
I7 out reimbursement, $24,500,000: Provided, That the Of-
I8 fice is authorized to accept, hold, administer, and utilize
I9 gifts, both real and personal, public and private, without
20 fiscal year limitation, for the purpose of aiding or facili-
2I tating the work of the Office.
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1 FEDERAL DRUG CONTROL PROGRAMS
2 HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
3 (INCLUDING TRANSFERS OF FUNDS)
4 For necessary expenses of the Office of National
5 Drug Control Policy's High Intensity Drug Trafficking
6 Areas Program, $238,522,000, to remain available until
7 September 30, 2013, for drug control activities consistent
8 with the approved strategy for each of the designated
9 High Intensity Drug Trafficking Areas ("HIDTAs"), of
10 which not less than 51 percent shall be transferred to
11 State and local entities for drug control activities and shall
12 be obligated not later than 120 days after enactment of
13 this Act: Provided, That up to 49 percent may be trans-
14 ferred to Federal agencies and departments in amounts
15 determined by the Director of the Office of National Drug
16 Control Policy, of which up to $2,700,000 may be used
17 for auditing services and associated activities (including
18 up to $500,000 to ensure the continued operation and
19 maintenance of the Performance Management System):
20 Provided further, That, notwithstanding the requirements
21 of Public Law 106-58, any unexpended funds obligated
22 prior to fiscal year 2010 may be used for any other ap-
23 proved activities of that HIDTA, subject to reprogram-
24 ming requirements: Provided further, That each HIDTA
25 designated as of September 30, 2011, shall be funded at
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I not less than the fiscal year 2011 base level, unless the
2 Director submits to the Committees on Appropriations of
3 the House of Representatives and the Senate justification
4 for changes to those levels based on clearly articulated pri-
5 orities and published Office of National Drug Control Pol-
6 icy performance measures of effectiveness: Provided fur-
1 ther, That the Director shall notify the Committees on .Ap-
8 propriations of the initial allocation of fiscal year 2012
9 funding among HIDT.As not later than 45 days after en-
10 actment of this Act, and shall notify the Committees of
II planned uses of discretionary HIDTA funding, as deter-
12 mined in consultation with the HIDTA Directors, not
I3 later than 90 days after enactment of this Act.
I4 OTHER FEDERAL DRUG CONTROL PROGRAMS
I5 (INCLUDING TRANSFERS OF FUNDS)
16 For other drug control activities authorized by the
I7 Office of National Drug Control Policy Reauthorization
I8 Act of 2006 (Public Law 109-469), $105,550,000, to re-
I9 main available until expended, which shall be available as
20 follows: $92,000,000 for the Drug-Free Communities Pro-
2I gram, of which $2,000,000 shall be made available as di-
22 rected by section 4 of Public Law 107-82, as amended
23 by Public Law 109-469 (21 U.S.C. 1521 note);
24 $1,400,000 for drug court training and technical assist-
25 ance; $9,000,000 for anti-doping activities; $1,900,000 for
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2
3
1 the United States membership dues to the World Anti-
Doping Agency; and $1,250,000 shall be made available
as directed by section 1105 of Public Law 109--469.
4
5
6
7
8
9
10
11
12
13
14
INTEGRATED, EFFICIENT AND EFFECTIVE USES OF
INFORMATION TECHNOLOGY
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for the furtherance of inte-
grated, efficient and effective uses of information tech-
nology in the Federal Government, $5,000,000, to remain
available until expended: Provided, That the Director of
the Office of Management and Budget may transfer these
funds to one or more other agencies to carry out projects
to meet these purposes: Provided further, That the Direc-
tor of the Office of Management and Budget shall submit
16
17
18
19
reports to the Committees on Appropriations of
the House and the Senate identifying the savings achieved
by the Office of Management and Budget's government-
wide information technology reform efforts: Provided fur-
thr, That such report shall include savings identified by
20 fiscal year, agency and appropriation.
21 UNANTICIPATED NEEDS
22 For expenses necessary to enable the President to
23 meet unanticipated needs, in furtherance of the national
24 interest, security, or defense which may arise at home or
25 abroad during the current fiscal year, as authorized by
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1 3 U.S.C. 108, $988,000, to remain available until Sepc
2 tember 30, 2013.
3 SPECIAL ASSISTANCE TO THE PRESIDENT
4 SALARIES AND EXPENSES
5 For necessary expenses to enable the Vice President
6 to provide assistance to the President in connection with
7 specially assigned functions; services as authorized by 5
8 U.S.C. 3109 and 3 U.S.C. 106, including subsistence ex-
9 penses as authorized by 3 U.S.C. 106, which shall be ex-
1 0 pended and accounted for as provided in that section; and
11 hire of passenger motor vehicles, $4,328,000.
12 OFFICIAL RESIDENCE OF THE VICE PRESIDENT
13 OPERATING EXPENSES
14 (INCLUDING TRANSFER OF FUNDS)
15 For the care, operation, refurnishing, improvement,
16 and to the extent not otherwise provided for, heating and
17 lighting, including electric power and fu..'iures, of the offi-
18 cia! residence of the Vice President; the hire of passenger
19 motor vehicles; and not to exceed $90,000 for official en-
20 tertainment expenses of the Vice President, to be ac-
21 counted for solely on his certificate, $307,000: Provided,
22 That advances or repayments or transfers from this ap-
23 propriation may be made to any department or agency for
24 expenses of carrying out such activities.
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1 ADMINISTRATIVE PROVISIONs-EXECUTIVE OFFICE OF
2 THE PRESIDENT AND FUNDS .APPROPRIATED TO
3 THE PRESIDENT
4 (INCLUDING TRANSFERS OF FUNDS AND RESCISSIONS)
5 SEC. 201. From funds made available in this Act
6 under the headings "The White House", "Executive Resi-
7 dence at the White House", "White House Repair and
8 Restoration", "Council of Economic Advisers", "National
9 Security Council and Homeland Security Council", "Of-
10 fice of Administration", "Special Assistance to the Presi-
11 dent", and "Official Residence of the Vice President", the
12 Director of the Office of Management and Budget (or
13 such other officer as the President may designate in writ-
14 ing), may, 15 days after giving notice to the Committees
15 on Appropriations of the House of Representatives and the
16 Senate, transfer not to exceed 10 percent of any such ap-
17 propriation to any other such appropriation, to be merged
18 with and available for the same time and for the same
19 purposes as the appropriation to which transferred: Pro-
20 vided, That the amount of an appropriation shall not be
21 increased by more than 50 percent by such transfers: Pro-
22 vided further, That no amount shall be transferred from
23 "Special Assistance to the President" or "Official Resi-
24 dence of the Vice President" without the approval of the
25 Vice President.
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1 SEc. 202. The Director of the Office of Management
2 and Budget shall submit to the Committees on Appropria-
3 tions of the House and the Senate a report on the imple-
4 mentation of Executive Order 13563 (76 Fed. Reg. 3821;
5 relating to Improving Regulation and Regulatory Review)
6 by April 2, 2012. The report shall include information
7 on-
8 (a) increasing public participation in the rulemaking
9 process and reducing uncertainty;
10 (b) improving coordination across Federal agencies to
11 eliminate redundant, inconsistent, and overlapping regula-
12 tions; and
13 (c) identifying existing regulations that have been re-
14 viewed and determined to be outmoded, ineffective, or ex-
15 cessively burdensome.
16 SEC. 203. Within 120 days after the date of enact-
17 ment of this section, the Director of the Office of Manage-
18 ment and Budget shall submit a report to the Committees
19 on Appropriations of the House and the Senate on the
20 costs of implementing the Dodd-Frank Wall Street Re-
21 form and Consumer Protection Act (Public Law 111-
22 203). Such report shall include---
23 (1) the estimated mandatory and discretionary
24 obligations of funds through fiscal year 2014, by
25 Federal agency and by fiscal year, including-
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1 (.A) the estimated obligations by cost in-
2 puts such as rent, information technology, con-
3 tracts, and personnel;
4 (B) the methodology and data sources used
5 to calculate such estimated obligations; and
6 (C) the specific section of such .Act that re-
7 quires the obligation of funds; and
8 (2) the estimated receipts through fiscal year
9 2014 from assessments, user fees, and other fees by
10 the Federal agency making the collections, by fiscal
11 year, including-
12 (.A) the methodology and data sources used
13 to calculate such estimated collections; and
14 (B) the specific section of such .Act that
15 authorizes the collection of funds.
16 SEC. 204. The Director of the Office of National
17 Drug Control Policy shall submit to the Committees on
18 .Appropriations of the House of Representatives and the
19 Senate not later than 60 days after tl1e date of enactment
20 of this .Act, and prior to the initial obligation of more than
21 20 percent of the funds appropriated in any account under
22 the heading "Office of National Drug Control Policy", a
23 detailed narrative and financial plan on the proposed uses
24 of all funds under the account by program, project, and
25 activity: Provided, That the reports required by this sec-
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1 tion shall be updated and submitted to the Committees
2 on Appropriations every 6 months and shall include infor-
3 mation detailing how the estimates and assumptions con-
4 tained in previous reports have changed: Provided further,
5 That any new projects and changes in funding of ongoing
6 projects shall be subject to the prior approval of the Com-
7 mittees on Appropriations.
8 SEC. 205. Not to exceed 2 percent of any appropria-
9 tions in this Act made available to the Office of National
10 Drug Control Policy may be transferred between appro-
11 priated programs upon the advance approval of the Com-
12 mittees on Appropriations: Provided, That no transfer
13 may increase or decrease any such appropriation by more
14 than 3 percent.
15 SEc. 206. Not to exceed $1,000,000 of any appro-
16 priations in this Act made available to the Office of Na-
17 tional Drug Control Policy may be reprogrammed within
18 a program, project, or activity upon the advance approval
19 of the Committees on Appropriations.
20 SEC. 207. From the unobligated balances of prior
21 year appropriations made available for the Counterdrug
22 Technology Assessment Center, $5,244,639 are rescinded.
23 SEC. 208. From the unobligated balances of prior
24 year appropriations made available for Other Federal
25 Drug Control Programs, $359,958 for a chronic users
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1 study and $5,723,403 for the National Anti-Drug Youth
2 Media Campaign are rescinded.
3 SEc. 209. Of the unobligated balances available
4 under the heading "Executive Office of the President and
5 Funds Appropriated to the President-Partnership Fund
6 for Program Integrity Innovation" in title II of division
7 C of the Consolidated Appropriations Act, 2010 (Public
8 Law 111-117), $10,000,000 are rescinded. In addition to
9 the amounts made available under such heading in this
10 Act, $10,000,000 are appropriated, to remain available
11 until September 30, 2013.
12 This title may be cited as the "Executive Office of
13 the President Appropriations Act, 2012".
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37
1 TITLE ill
2 THE JUDICIARY
3 SUPREME COURT OF THE UNITED STATES
4 SALARIES AND EXPENSES
5 For expenses necessary for the operation of the Su-
6 preme Court, as required by law, excluding care of the
7 building and grounds, including purchase or hire, driving,
. 8 maintenance, and operation of an automobile for the Chief
9 Justice, not to exceed $10,000 for the purpose of trans-
10 porting Associate Justices, and hire of passenger motor
11 vehicles as authorized by 31 U.S.C. 1343 and 1344; not
12 to exceed $10,000 for official reception and representation
13 expenses; and for miscellaneous expenses, to be expended
14 as the Chief Justice may approve, $74,819,000, of which
15 $2,000,000 shall remain available until expended.
16 CARE OF THE BUILDING AND GROUNDS
17 For such expenditures as may be necessary to enable
18 the Architect of the Capitol to carry out the duties im-
19 posed upon the Architect by 40 U.S.C. 6111 and 6112,
20 $8,159,000, to remain available until expended.
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1 UNITED STATES COURT OF APPEALS FOR THE FEDERAL
2 CIRCUIT
3 SALARIES AND EXPENSES
4 For salaries of the chief judge; judges, and other offi-
5 cers and employees, and for necessary expenses of the
6 court, as authorized by law, $32,511,000.
7 UNITED STATES COURT OF INTERNATIONAL TRADE
8 SALARIES AND EXPENSES
9 For salaries of the chief judge and eight judges, sala-
1 0 ries of the officers and employees of the court, services,
11 and necessary expenses of the court, as authorized by law,
12 $21,447,000.
13 COURTS OF APPEALS, DISTRICT COURTS, AND OTHER
14 JUDICIAL SERVICES
15 SALARIES AND EXPENSES
16 For the salaries of circuit and district judges (includ-
17 ing judges of the territorial courts of the United States),
18 justices and judges retired from office or from regular ac-
19 tive service, judges of the United States Court of Federal
20 Claims, bankruptcy judges, magistrate judges, and all
21 other officers and employees of the Federal Judiciary not
22 otherwise specifically provided for, necessary expenses of
23 the courts, and the purchase, rental, repair, and cleaning
24 of uniforms for Probation and Pretrial Services Office
25 staff, as authorized by law, $5,015,000,000 (including the
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1 purchase of firearms and ammunition); of which not to
2 exceed $27,817,000 shall remain available until expended
3 for space alteration projects and for furniture and fur-
4 nishings related to new space alteration and construction
5 projects.
6 In addition, for expenses of the United States Court
7 of Federal Claims associated with processing cases under
8 the National Childhood Vaccine Injury Act of 1986 (Pub-
9 lie Law 99-660), not to exceed $5,000,000, to be appro-
1 0 priated from the Vaccine Injury Compensation Trust
11 Fund.
12 DEFENDER SERVICES
13 For the operation of Federal Defender organizations;
14 the compensation and reimbursement of expenses of attor-
15 neys appointed to represent persons under 18 U.S.C.
16 3006A and 3599, and for the compensation and reim-
17 bursement of expenses of persons furnishing investigative,
18 expert, and other services for such representations as au-
19 thorized by law; the compensation (in accordance with the
20 maximums under 18 U.S.C. 3006A) and reimbursement
21 of expenses of attorneys appointed to assist the court in
22 criminal cases where the defendant has waived representa-
23 tion by counsel; the compensation and reimbursement of
24 expenses of attorneys appointed to represent jurors in civil
25 actions for the protection of their employment, as author-
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1 ized by 28 U.S.C. 1875(d)(1); the compensation and reim-
2 bursement of expenses of attorneys appointed under 18
3 U.S.C. 983(b)(1) in connection with certain judicial civil
4 forfeiture proceedings; the compensation and reimburse-
S ment of travel expenses of guardians ad litem appointed
6 under 18 U.S.C. 4100(b); and for necessary training and
7 general administrative expenses, $1,031,000,000, to re-
8 main available until expended.
9 FEES OF JURORS AND COMMISSIONERS
10 For fees and expenses of jurors as authorized by 28
11 U.S.C. 1871 and 1876; compensation of jury commis-
12 sioners as authorized by 28 U.S.C. 1863; and compensa-
13 tion of commissioners appointed in condemnation cases
14 pursuant to rule 71.1(h) of the Federal Rules of Civil Pro-
15 cedure (28 U.S.C. Appendix Rule 71.1(h)), $51,908,000,
16 to remain available until expended: Provided, That the
17 compensation of land commissioners shall not exceed the
18 daily equivalent of the highest rate payable under 5 U.S.C.
19 5332.
20 COURT SECURITY
21 (INCLUDING TRANSFERS OF FUNDS)
22 For necessary expenses, not otherwise provided for,
23 incident to the provision of protective guard services for
24 United States courthouses and other facilities housing
25 Federal court operations, and the procurement, installa-
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1 tion, and maintenance of security systems and equipment
2 for United States courthouses and other facilities housing
3 Federal court operations, including building ingress-egress
4 control, inspection of mail and packages, directed security
5 patrols, perimeter security, basic security services provided
6 by the Federal Protective Service, and other similar activi-
7 ties as authorized by section 1010 of the Judicial Improve-
S ment and Access to Justice Act (Public Law 100-702),
9 $500,000,000, of which not to exceed $15,000,000 shall
10 remain available until expended, to be expended directly
11 or transferred to the United States Marshals Service,
12 which shall be responsible for administering the Judicial
13 Facility Security Program consistent with standards or
14 guidelines agreed to by the Director of the Administrative
15 Office of the United States Courts and the Attorney Gen-
16 eral.
17 ADMINISTRATIVE OFFICE OF THE UNITED STATES
18 COURTS
19 SALARIES AND EXPENSES
20 For necessary expenses of the Administrative Office
21 of the United States Courts as authorized by law, includ-
22 ing travel as authorized by 31 U.S.C. 1345, hire of a pas-
23 senger motor vehicle as authorized by 31 U.S.C. 1343(b),
24 advertising and rent in the District of Columbia and else-
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1 where, $82,909,000, of which not to exceed $8,500 is au-
2 thorized for official reception and representation expenses.
3 FEDERAL JUDICIAL CENTER
4 SALARIES AND EXPENSES
5 For necessary expenses of the Federal Judicial Cen-
6 ter, as authorized by Public Law 90-219, $27,000,000;
7 of which $1,800,000 shall remain available through Sep-
8 tember 30, 2013, to provide education and training to
9 Federal court personnel; and of which not to exceed
10 $1,500 is authorized for official reception and representa-
11 tion expenses.
12 JUDICIAL RETIRE"MENT FUNDS
13 PAYMENT TO JUDICIARY TRUST FUNDS
14 For payment to the Judicial Officers' Retirement
15 Fund, as authorized by 28 U.S.C. 377(o), $86,968,000;
16 to the Judicial Survivors' Annuities Fund, as authorized
17 by 28 U.S.C. 376(c), $12,600,000; and to the United
18 States Court of Federal Claims Judges' Retirement Fund,
19 as authorized by 28 U.S.C. 178(1), $4,200,000.
20 UNITED STATES SENTENCING COMMISSION
21 SALARIES AND EXPENSES
22 For the salaries and expenses necessary to carry out
23 the provisions of chapter 58 of title 28, United States
24 Code, $16,500,000, of which not to exceed $1,000 is au-
25 thorized for official reception and representation expenses.
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1 ADMINISTRATIVE PROVISIONS-THE JUDICIARY
2 (INCLUDING TRANSFER OF FUNDS)
3 SEC. 301. Appropriations and authorizations made in
4 this title which are available for salaries and expenses shall
5 be available for services as authorized by 5 U.S.C. 3109.
6 SEC. 302. Not to exceed 5 percent of any appropria-
7 tion made available for the current fiscal year for the Judi-
8 ciary in this Act may be transferred between such appro-
9 priations, but no such appropriation, except "Courts of
10 Appeals, District Courts, and Other Judicial Services, De-
ll fender Services" and "Courts of Appeals, District Courts,
12 and Other Judicial Services, Fees of Jurors and Commis-
13 sioners", shall be increased by more than 10 percent by
14 any such transfers: Provided, That any transfer pursuant
15 to tllis section shall be treated as a reprogramming of
16 funds under sections 604 and 608 of this Act and shall
17 not be available for obligation or expenditure except in
18 compliance with the procedures set forth in section 608.
19 SEC. 303. Notwithstanding any other provision of
20 law, the salaries and expenses appropriation for "Courts
21 of Appeals, District Courts, and Other Judicial Services"
22 shall be available for official reception and representation
23 expenses of the Judicial Conference of the United States:
24 Provided, That such available funds shall not exceed
25 $11,000 and shall be administered by the Director of the
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1 Administrative Office of the United States Courts in the
2 capacity as Secretary of the Judicial Conference.
3 SEc. 304. Section 3314(a) of title 40, United States
4 Code, shall be applied by substituting "Federal" for "exec-
S utive" each place it appears.
6 SEC. 305. In accordance with 28 U.S.C. 561-569,
7 and notwithstanding any other provision of law, the
8 United States Marshals Service shall provide, for such
9 courthouses as its Director may designate in consultation
10 with the Director of the Administrative Office of the
11 United States Courts, for purposes of a pilot program, the
12 security services that 40 U.S.C. 1315 authorizes the De-
13 partment of Homeland Security to provide, except for the
14 services specified in 40 U.S.C. 1315(b)(2)(E). For build-
15 ing-specific security services at these courthouses, the Di-
16 rector of the Administrative Office of the United States
17 Courts shall reimburse the United States Marshals Service
18 rather than the Department of Homeland Security.
19 SEC. 306. Section 203(c) of the Judicial Improve-
20 ments Act of 1990 (Public Law 101-650; 28 U.S.C. 133
21 note), is amended-
22 (1) in the third sentence (relating to the Dis-
23 trict of Kansas), by striking "20 years" and insert-
24 ing "21 years"; and
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1 (2) in the seventh sentence (related to the Dis-
2 trict of Hawaii), by striking "17 years" and insert-
3 ing "18 years".
4 This title may be cited as the "Judiciary Appropria-
5 tions Act, 2012".
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1 TITLE IV
2 DISTRICT OF COLUMBIA
3 FEDERAL FuNDS
4 FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT
5 For a Federal payment to the District of Columbia,
6 to be deposited into a dedicated account, for a nationwide
7 program to be administered by the Mayor, for District of
8 Columbia resident tuition support, $30,000,000, to remain
9 available until expended: Provided, That such funds, in-
10 eluding any interest accrued thereon, may be used on be-
ll half of eligible District of Columbia residents to pay an
12 amount based upon the difference between in-State and
13 out-of-State tuition at public institutions of higher edu-
14 cation, or to pay up to $2,500 each year at eligible private
15 institutions of higher education: Provided further, That the
16 awarding of such funds may be prioritized on the basis
17 of a resident's academic merit, the income and need of
18 eligible students and such other factors as may be author-
19 ized: Provided further, That the District of Columbia gov-
20 ernment shall maintain a dedicated account for the Resi-
21 dent Tuition Support Program that shall consist of the
22 Federal funds appropriated to the Program in this Act
23 and any subsequent appropriations, any unobligated bal-
24 ances from prior fiscal years, and any interest earned in
25 this or any fiscal year: Provided further, That the account
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1 shall be under the control of the District of Columbia
2 Chief Financial Officer, who shall use those funds solely
3 for the purposes of carrying out the Resident Tuition Sup-
4 port Program: Provided further, That the Office of the
5 Chief Financial Officer shall provide a quarterly financial
6 report to the Committees on Appropriations of the House
7 of Representatives and the Senate for these funds show-
S ing, by object class, the expenditures made and the pur-
9 pose therefor.
10 FEDERAL PAYlllENT FOR EMERGENCY PLANNING AND
11 SECURITY COSTS IN THE DISTRICT OF COLU:tlffiiA
12 For a Federal payment of necessary expenses, as dec
13 termined by the Mayor of the District of Columbia in writ-
14 ten consultation with the elected county or city officials
15 of surrounding jurisdictions, $14,900,000, to remain
16 available until expended and in addition any funds that
17 remain available from prior year appropriations under this
18 heading for the District of Columbia Government, for the
19 costs of providing public safety at events related to the
20 presence of the national capital in the District of Colum-
21 bia, including support requested by the Director of the
22 United States Secret Service Division in carrying out pro-
23 tective duties under the direction of the Secretary of
24 Homeland Security, and for the costs of providing support
25 to respond to immediate and specific terrorist threats or
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1 attacks in the District of Columbia or surrounding juris-
2 dictions.
3 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA
4 COURTS
5 For salaries and expenses for the District of Colum-
6 bia Courts, $232,841,000 to be allocated as follows: for
7 the District of Columbia Court of Appeals, $12,830,000,
8 of which not to exceed $2,500 is for official reception and
9 representation expenses; for the District of Columbia Su-
10 perior Court, $114,209,000, of which not to exceed $2,500
11 is for official reception and representation expenses; for
12 the District of Columbia Court System, $66,712,000, of
13 which not to exceed $2,500 is for official reception and
14 representation expenses; and $39,090,000, to remain
15 available until September 30, 2013, for capital improve-
16 ments for District of Columbia courthouse facilities: Pro-
17 vided, That funds made available for capital improvements
18 shall be expended consistent with the District of Columbia
19 Courts master plan study and building evaluation report:
20 Provided further, That notwithstanding any other provi-
21 sion of law, all amounts under this heading shall be appor-
22 tioned quarterly by the Office of Management and Budget
23 and obligated and expended in the same manner as funds
24 appropriated for salaries and expenses of other Federal
25 agencies: Provided further, That 30 days after providing
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I written notice to the Committees on Appropriations of the
2 House of Representatives and the Senate, the District of
3 Columbia Courts may reallocate not more than
4 $3,000,000 of the funds provided under this heading
5 among the items and entities funded under this heading
6 but no such allocation shall be increased by more than
7 10 percent.
8 FEDERAL PAYMENT FOR DEFENDER SERVICES IN
9 DISTRICT OF COLUMBIA COURTS
10 (INCLUDING TRANSFER OF FUNDS)
11 For payments authorized under section 11-2604 and
12 section 11-2605, D.C. Official Code (relating to represen-
13 tation provided under the District of Columbia Criminal
14 Justice Act), payments for counsel appointed in pro-
15 ceedings in the Family Court of the Superior Court of the
16 District of Columbia under chapter 23 of title 16, D.C.
17 Official Code, or pursuant to contractual agreements to
18 provide guardian ad litem representation, training, tech-
19 nical assistance, and such other services as are necessary
20 to improve the quality of guardian ad litem representation,
21 payments for counsel appointed in adoption proceedings
22 under chapter 3 of title 16, D.C. Official Code, and pay-
23 ments authorized under section 21-2060, D.C. Official
24 Code (relating to services provided under the District of
25 Columbia Guardianship, Protective Proceedings, and Du-
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1 rable Power of Attorney Act of 1986), -$55,000,000, to
2 remain available until expended: Provided, That funds pro-
3 vided under this heading shall be administered by the
4 Joint Committee on Judicial Administration in the Dis-
5 trict of Columbia: Provided further, That notwithstanding
6 any other provision of law, this appropriation shall be ap-
7 portioned quarterly by the Office of Management and
8 Budget and obligated and expended in the same manner
9 as funds appropriated for expenses of other Federal agen-
10 cies: Provided further, That not more than $10,000,000
11 of the funds provided in this account may be transferred
12 to, and merged with, funds made available under the head-
13 ing "Federal Payment to the District of Columbia Courts"
14 for District of Columbia courthouse facilities.
15 FEDERAL PAYMENT TO THE COURT SERVICES AND OF-
16 FENDER SUPERVISION AGENCY FOR THE DISTRICT
17 OF COLUMBIA
18 For salaries and expenses, including the transfer and
19 hire of motor vehicles, of the Court Services and Offender
20 Supervision Agency for the District of Columbia, as au-
21 thorized by the National Capital Revitalization and Self-
22 Government Improvement Act of 1997, $212,983,000, of
23 which not to exceed $2,000 is for official reception and
24 representation expenses related to Community Supervision
25 and Pretrial Services Agency programs; of which not to
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1 exceed $25,000 is for dues and assessments relating to
2 the implementation of the Court Services and Offender
3 Supervision Agency Interstate Supervision Act of 2002;
4 of which $1,000,000 shall remain available until Sep-
5 tember 30, 2014 for relocation of the Pretrial Services
6 Agency drug testing laboratory; of which $153,548,000
7 shall be for necessary expenses of Community Supervision
8 and Sex Offender Registration, to include expenses relat-
9 ing to the supervision of adults subject to protection or-
1 0 ders or the provision of services for or related to such per-
Il sons; of which $59,435,000 shall be available to the Pre-
12 trial Services Agency: Provided, That notwithstanding any
13 other provision of law, all amounts under this heading
14 shall be apportioned quarterly by the Office of Manage-
15 ment and Budget and obligated and eJ>.1Jended in the same
16 manner as funds appropriated for salaries and expenses
17 of other Federal agencies: Provided further, That not less
18 than $1,500,000 shall be available for re-entrant housing
19 in the District of Columbia: Provided further, That the Di-
20 rector is authorized to accept and use gifts in the form
21 of in-kind contributions of space and hospitality to support
22 offender and defendant programs, and equipment and vo-
23 cational training services to educate and train offenders
24 and defendants: Provided further, That the Director shall
25 keep accurate and detailed records of the acceptance and
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1 use of any gift or donation under the previous proviso,
2 and shall make such records available for audit and public
3 inspection: Provided further, That the Court Services and
4 Offender Supervision .Agency Director is authorized to ac-
5 cept and use reimbursement from the District of Columbia
6 Government for space and services provided on a cost re-
7 imbursable basis.
8 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA
9 PUBLIC DEFENDER SERVICE
10 For salaries and expenses, including the transfer and
11 hire of motor vehicles, of the District of Columbia Public
12 Defender Service, as authorized by the National Capital
13 Revitalization and Self-Government Improvement Act of
14 1997, $37,241,000: Provided, That notwithstanding any
15 other provision of law, all amounts under this heading
16 shall be apportioned quarterly by the Office of Manage-
17 ment and Budget and obligated and expended in the same
18 manner as funds appropriated for salaries and expenses
19 of Federal agencies.
20 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA
21 WATER AND SEWER AUTHORITY
22 For a Federal payment to the District of Columbia
23 Water and Sewer Authority, $15,000,000, to remain avail-
24 able until expended, to continue implementation of the
25 Combined Sewer Overflow Long-Term Plan: Provided,
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1 That the District of Columbia Water and Sewer Authority
2 provides a 100 percent match for this payment.
3 FEDERAL PAYMENT TO THE CRIMINAL JUSTICE
4 COORDINATING COUNCIL
5 For a Federal payment to the Criminal Justice Co-
6 ordinating Council, $1,800,000, to remain available until
7 expended, to support initiatives related to the coordination
8 of Federal and local criminal justice resources in the Dis-
9 trict of Columbia.
10 FEDERAL PAYMENT FOR JUDICIAL CO:tiiMISSIONS
11 For a Federal payment, to remain available until
12 September 30, 2013, to the Commission on Judicial Dis-
13 abilities and Tenure, $295,000, and for the Judicial Nomi-
14 nation Commission, $205,000.
15. FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT
16 For a Federal payment for a school improvement pro-
17 gram in the District of Columbia, $60,000,000, to remain
18 available until expended, for payments authorized under
19 the Scholarship for Opportunity and Results Act (division
20 C of Public Law 112-10).
21 FEDERAL PA1.'l\IENT FOR THE DISTRICT OF COLUMBIA
22 NATIONAL GUARD
23 For a Federal payment to the District of Columbia
24 National Guard, $375,000, to remain available until ex-
25 pended for the Major General David F. Wherley, Jr. Dis-
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1 trict of Columbia National Guard Retention and College
2 Access Program.
3 FEDERAL PAYMENT FOR TESTING AND TREATMENT OF
4 EITV/AIDS
5 For a Federal payment to the District of Columbia
6 for the testing of individuals for, and the treatment of in-
7 dividuals with, human immunodeficiency virus and ac-
8 quired immunodeficiency syndrome in the District of Co-
9 lumbia, $5,000,000.
10 DISTRICT OF COLUMBIA FUNDS
11 The following amounts are appropriated for the Dis-
12 trict of Columbia for the current fiscal year out of the
13 General Fund of the District of Columbia ("General
14 Fund"), except as otherwise specifically provided: Pro-
15 vided, That notwithstanding any other provision of law,
16 except as provided in section 450A of the District of Co-
17 lumbia Home Rule Act, (114 Stat. 2440; D.C. Official
18 Code, section 1-204.50a) and provisions of this Act, the
19 total amount appropriated in this.Act for operating ex-
20 penses for the District of Columbia for fiscal year 2012
21 under this heading shall not exceed the lesser of the sum
22 of the total revenues of the District of Columbia for such
23 fiscal year or $10,916,966,000 (of which $6,208,646,000
24 shall be from local funds, (including $526,594,000 from
25 dedicated taxes), $1,015,449,000 shall be from Federal
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1 grant funds, $1,499,115,000 from Medicaid payments,
2 $2,040,504,000 shall be from other funds, and
3 $25,677,000 shall be from private funds, and
4 $127,575,000 shall be from funds previously appropriated
5 in this Act as Federal payments: Provided further, That
6 of the local funds, such amounts as may be necessary may
7 be derived from the District's General Fund balance: Pro-
8 vided further, That of these funds the District's intra-Dis-
9 trict authority shall be $619,632,000: in addition, for cap-
10 ita! construction projects, an increase of $4,007,501,000,
11 of which $2,934,011,000 shall be from local funds,
12 $223,858,000 from the District of Columbia Highway
13 Trust Fund, $33,140,000 from the Local Transportation
14 Fund, $816,492,000 from Federal grant funds, and are-
15 scission of $2,849,882,000 of which $1,796,345,000 shall
16 be from local funds, $749,426,000 from Federal grant
17 funds, $252,694,000 from the District of Columbia High-
18 way Trust Fund, and $51,416,000 from the Local Trans-
19 portation Fund appropriated under this heading in prior
20 fiscal years, for a net amount of $1,157,619,000, to re-
21 main available until expended: Provided further, That the
22 amounts provided under this heading are to be available,
23 allocated, and expended as proposed under title III of the
24 Fiscal Year 2012 Budget Request Act of 2011, at the rate
25 set forth under "District of Columbia Funds Division of
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1 Expenses" as included in the Fiscal Year 2012 Proposed
2 Budget and Financial Plan submitted to the Congress by
3 the District of Columbia: Provided further, That this
4 amount may be increased by proceeds of one-time t r a n ~ S -
5 actions, which are expended for emergency or unantici-
6 pated operating or capital needs: Provided further, That
7 such increases shall be approved by enactment of local
8 District law and shall comply with all reserve requirements
9 contained in the District of Columbia Home Rule Act:
10 Provided further, That the Chief Financial Officer of the
11 District of Columbia shall take such steps as are necessary
12 to assure that the District of Columbia meets these re-
13 quirements, including the apportioning by the Chief Fi-
14 nancial Officer of the appropriations and funds made
15 available to the District during fiscal year 2012, except
16 that the Chief Financial Officer may not reprogram. for
17 operating expenses any funds derived .from bonds, notes,
18 or other obligations issued for capital projects.
19 This title may be cited as the "District of Columbia
20 Appropriations Act, 2012".
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2
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TITLE V
INDEPENDENT AGENCIES
3 ADMINISTRATIVE CONFERENCE OF THE UNITED STATES
4 SALARIES AND EXPENSES
5 For necessary expenses of the Administrative Con-
6 ference of the United States, authorized by 5 U.S.C. 591
7 et seq., $2,900,000, to remain available until September
8 30, 2013, of which not to exceed $1,000 is for official re-
9 ception and representation expenses.
10 CHRISTOPHER COLUMBUS FELLOWSHIP FOUNDATION
11 SALARIES AND EXPENSES
12 For payment to the Christopher Columbus Fellow-
13 ship Foundation, established by section 423 of Public Law
14 102-281, $450,000, to remain available until expended.
15 CONSUMER PRODUCT SAFETY COMMISSION
16 SALARIES AND EXPENSES
17 For necessary expenses of the Consumer Product
18 Safety Commission, including hire of passenger motor ve-
19 hicles, services as authorized by 5 U.S.C. 3109, but at
20 rates for individuals not to exceed the per diem rate equiv-
21 alent to the maximum rate payable under 5 U.S.C. 5376,
22 purchase of nominal awards to recognize non-Federal offi-
23 cials' contributions to Commission activities, and not to
24 exceed $4,000 for official reception and representation ex-
25 penses, _
Ti\
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IVlStr+ 61
_)
. of which $500,000 shall remain available until September 30,2013, to implement
the Virginia Graeme Baker Pool and Spa Safety Act grant program as provided by
section 1405 of Public Law 110-140 (15 U.S.C. 8004)
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1 ADMINISTRATIVE PROVISIONS--cONSUMER PRODUCT
2 SAFETY COMMISSION
3 SEC. 501. Section 4(g) of the Consumer Product
4 Safety Act (15 U.S.C. 2053(g)) is amended by adding at
5 the end the following:
6 "(5) The Chairman may provide to officers and
7 employees of the Commission who are appointed or
8 assigned by the Commission to serve abroad (as de-
9 fined in section 102 of the Foreign Service Act of
10 1980 (22 U.S.C. 3902)) travel benefits similar to
11 those authorized for members of the Foreign Service
12 of the United Service under chapter 9 of such Act
13 (22 U.S.C. 4081 et seq.).".
14 SEC. 502. (a) EXTENSION OF GRANT PROGRAM.-
15 Section 1405(e) of the Virginia Graeme Baker Pool and
16 Spa Safety Act (15 U.S.C. 8 0 0 ~ amended by strik-
17 ing "2011" and inserting "2012}' ,/,
18 (b) NEW SWIMMING POOLS.-Section 1405(b) of the
19 Virginia Graeme Baker Pool an Safety Act (15 U.S.C.
20 8004 (b)) is amended by inserting "constructed after the
21 date that is 6 months after the date of enactment of the
22 Financial Services and General Government Appropria-
23 tions Act, 2012" after "swimming pools".
24 SEC. 503. Not later than 1 year after the date of
25 the enactment of this Act, the Comptroller General of the
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I United States shall conduct an analysis of the potential
2 safety risks associated with new and emerging consumer
3 products, including chemicals and other materials used in
4 their manufacture, taking into account the ability and au-
5 thority of the Consumer Product Safety Commission-
6 (1) to identify, assess, and address such risks
7 in a timely manner; and
8 (2) to keep abreast of the effects of new and
9 emergmg consumer products on public health and
10 safety.
II SEc. 504. Not later than 150 days after the date of
12 the enactment of this Act, the Comptroller General of the
13 United States shall conduct an analysis of-
14 (1) the extent to which manufacturers comply
15 with voluntary industry standards for consumer
16 products, particularly with respect to inexpensive,
17 imported products;
18 (2) whether there are consequences for such
19 manufacturers for failing to comply with such stand-
20 ards;
2I (3) whether the Consumer Product Safety Com-
22 mission has the authority and the ability to require
23 compliance with such standards; and
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I ( 4) whether there are patterns of non-compli-
2 ance with such standards among certain types of
3 products or certain types of manufacturers.
4 ELECTION AsSISTANCE COMMISSION
5 SALARIES AND EXPENSES
6 (INCLUDING TRANSFER OF FUNDS)
7 For necessary expenses to carry out the Help Amer"
8 ica Vote Act of 2002 (Public Law 107-252), $11,500,000,
9 of which $2,750,000 shall be transferred to the National
I 0 Institute of Standards and Technology for election reform
11 activities authorized under the Help America Vote Act of
12 200 and of which $1,250,000 shall be for the Office of
13 Inspector General.
I4 FEDERAL COMMUNICATIONS COMMISSION
I5 SALARIES AND EXPENSES
I6 For necessary expenses of the Federal Communica-
I7 tions Commission, as authorized by law, including uni-
I8 forms and allowances therefor, as authorized by 5 U.S.C.
I9 5901-5902; not to exceed $4,000 for official reception and
20 representation expenses; purchase and hire of motor vehi-
2I cles; special counsel fees; and services as authorized by
22 5 U.S.C. 3109, $339,844,000: Provided, That
23 $339,844,000 of offsetting collections shall be assessed
24 and collected pursuant to section 9 of title I of the Com-
25 munications Act of 1934, shall be retained and used for
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1 necessary expenses in this appropriation, and shall remain
2 available until expended: Provided further, That the sum
3 herein appropriated shall be reduced as such offsetting
4 collections are received during fiscal year 2012 so as to
5 result in a final fiscal year 2012 appropriation estimated
6 at $0: Provided further, That any offsetting collections re-
7 ceived in excess of $339,844,000 in fiscal year 2012 shall
8 not be available for obligation: Provided further, That re-
9 maining offsetting collections from prior years collected in
10 excess of the amount specified for collection in each such
11 year and otherwise becoming available on October 1, 2011,
12 shall not be available for obligation: Provided further, That
13 notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from
14 the use of a competitive bidding system that may be re-
15 tained and made available for obligation shall not exceed
16 $85,000,000 for fiscal year 2012: Provided further, That
17 of the amount appropriated under this heading, not less
18 than $9,750,000 shall be for the salaries and expenses of
19 the Office of Inspector General.
20 ADl\iiNISTRA.TIVE PROVISIONS-FEDERAL
21 COIIfMUNICATIONS COMl\IISSION
22 SEc. 510. Section 302 of the Universal Service
23 Antideficiency Temporary Suspension Act is amended by
24 striking "December 31, 2011", each place it appears and
25 inserting "December 31, 2013".
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1 SEC. 511. None of the funds appropriated by this Act
2 may be used by the Federal Communications Commission
3 to modify, amend, or change its rules or regulations for
4 universal service support payments to implement the Feb-
5 ruary 27, 2004 recommendations of the Federal-State
6 Joint Board on Universal Service regarding single connec-
7 tion or primary line restrictions on universal service sup-
8 port payments.
9 FEDERAL DEPOSIT INSURANCE CORPORATION
10 OFFICE OF THE INSPECTOR GENERAL
11 For necessary expenses of the Office of Inspector
12 General in carrying out the provisions of the Inspector
13 General Act of 1978, $45,261,000, to be derived from the
14 Deposit Insurance Fund or, only when appropriate, the
15 FSLIC Resolution Fund.
16 FEDERAL ELECTION COMMISSION
17 SALARIES AND EXPENSES
18 For necessary expenses to carry out the provisions
19 of the Federal Election Campaign Act of 1971,
20 $66,367,000, of which not to exceed $5,000 shall be avail-
21 able for reception and representation expenses.
22 FEDERAL LABOR RELATIONS AUTHORITY
23 SALARIES AND EXPENSES
24 For necessary expenses to carry out functions of the
25 Federal Labor Relations Authority, pursuant to Reorga-
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1 nization Plan Numbered 2 of 1978, and the Civil Service
2 Reform Act of 1978, including services authorized by 5
3 U.S.C. 3109, and including hire of experts and consult-
4 ants, hire of passenger motor vehicles, and including offi-
5 cia! reception and representation expenses (not to exceed
6 $1,500) and rental of conference rooms in the District of
7 Columbia and elsewhere, $24,723,000: Provided, That
8 public members of the Federal Service Impasses Panel
9 may be paid travel expenses and per diem in lieu of sub-
10 sistence as authorized by law (5 U.S.C. 5703) for persons
11 employed intermittently in the Government service, and
12 compensation as authorized by 5 U.S.C. 3109: Provided
13 further, That notwithstanding 31 U.S.C. 3302, funds re-
14 ceived from fees charged to non-Federal participants at
15 labor-management relations conferences shall be credited
16 to and merged with this account, to be available without
17 further appropriation for the costs of carrying out these
18 conferences.
19 FEOERAL TRADE COMMISSION
20 SALARIES AND EXPENSES
21 For necessary expenses of the Federal Trade Com-
22 mission, including uniforms or allowances therefor, as au-
23 thorized by 5 U.S.C. 5901-5902; services as authorized
24 by 5 U.S.C. 3109; hire of passenger motor vehicles; and
25 not to exceed $2,000 for official reception and representa-
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1 tion expenses, $311,563,000, to remain available until ex-
2 pended: Provided, That not to exceed $300,000 shall be
3 available for use to contract with a person or persons for
4 . collection services in accordance with the terms of 31
5 U.S.C. 3718: Provided further, That, notwithstanding any
6 other provision of law, not to exceed$108,000,000 of off-
7 setting collections derived from fees collected for
8 premerger notification filings under the Hart-Scott-Ro-
9 dino Antitrust Improvements Act of 1976 (15 U.RC.
10 18a), regardless of the year of collection, shall be retained
11 and used for necessary expenses in this appropriation:
12 Provided further, That, notwithstanding any other provi-
13 sion of law, not to exceed $21,000,000 in offsetting collec-
14 tions derived from fees sufficient to implement and enforce
15 the Telemarketing Sales Rule, promulgated under the
16 Telemarketing and Consumer Fraud and Abuse Preven-
17 tion Act (15 U.S.C. 6101 et seq.), shall be credited to this
18 account, and be retained and used for necessary expenses
19 in this appropriation: Provided further, That the sum here-
20 in appropriated from the general fund shall be reduced
21 as such offsetting collections are received during fiscal
22 year 2012, so as to result in a final fiscal year 2012 appro-
23 priation from the general fund estimated at not more than
24 $182,563,000: Provided further, That none of the funds
25 made available to the Federal Trade Commission may be
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1 used to implement subsection (e)(2)(B) of section 43 of
2 the Federal Deposit Insurance Act (12 U.S.C. 1831t).
3 GENERAL SERVICES ADMINISTRATION
4 REAL PROPERTY ACTIVITIES
5 FEDERAL BUILDINGS FUND
6 Lil\IITATIONS ON AVAILABILITY OF REVENUE
7 Amounts in the Fund, including revenues and collec-
8 tions deposited into the Fund shall be available for nec-
9 essary expenses of real property management and related
10 activities not otherwise provided for, including operation,
11 maintenance, and protection of federally owned and leased
12 buildings; rental of buildings in the District of Columbia;
13 restoration of leased premises; moving governmental a g e ~ -
14 cies (including space adjustments and telecommunications
15 relocation expenses) in connection with the assignment, al-
16 location and transfer of space; contractual services inci-
17 dent to cleaning or servicing buildings, and moving; repair
18 and alteration of federally owned buildings including
19 grounds, approaches and appurtenances; care and safe-
20 guarding of sites; maintenance, preservation, demolition,
21 and equipment; acquisition of buildings and sites by pur-
22 chase, condemnation, or as otherwise authorized by law;
23 acquisition of options to purchase buildings and sites; con-
24 version and extension of federally owned buildings; pre-
25 liminary planning and design of projects by contract or
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1 otherwise; construction of new buildings (including equip-
2 ment for such buildings); and payment of principal, inter-
3 est, and any other obligations for public buildings acquired
4 by installment purchase and purchase contract; in the ag-
5 gregate amount of $8,017,967,000, of which: (1)
6 $50,000,000 shall remain available until expended for con-
7 struction and acquisition (including funds for sites and ex-
8 penses, and associated design and construction services):
9 Provided, That the General Services Administration shall
10 submit a detailed plan, by project, regarding the use of
11 funds to the Committees on Appropriations of the House
12 of Representatives and the Senate within 30 days of enact-
13 ment of tl1is section and will provide notification to the
14 Committees within 15 days prior to any changes regarding
15 the use of these funds; (2) $280,000,000 shall remain
16 available until expended for repairs and alterations, which
17 includes associated design and construction services, of
18 which $260,000,000 is for Basic Repairs and Alterations
19 and $20,000,000 is for a Judiciary Capital Security pro-
20 gram: Provided further, That funds made available in this
21 or any previous Act in the Federal Buildings Fund for
22 Repairs and Alterations shall, for prospectus projects, be
23 limited to the amount identified for each project, except
24 each project in this or any previous Act may be increased
25 by an amount not to exceed 10 percent unless advance
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1 approval is obtained from the Committees on Appropria-
2 tions of a greater amount: Provided further, That addi-
3 tional projects for which prospectuses have been fully ap-
4 proved may be funded under this category only if advance
5 approval is obtained from the Committees on Appropria-
6 tions: Provided further, That the amounts provided in this
7 or any prior Act for "Repairs and Alterations" may be
8 used to fund costs associated with implementing security
9 improvements to buildings necessary to meet the minimum
10 standards for security in accordance with current law and
11 in compliance with the reprogramming guidelines of the
12 appropriate Committees of the House and Senate: Pro-
13 vided further, That the difference between the funds ap-
14 propriated and expended on any projects in this or any
15 prior Act, under the heading "Repairs and Alterations",
16 may be transferred to Basic Repairs and Alterations or
17 used to fund authorized increases in prospectus projects:
18 Providedfurther, That all funds for repairs and alterations
19 prospectus projects shall expire on September 30, 2013
20 and remain in the Federal Buildings Fund except funds
21 for projects as to which funds for design or other funds
22 have been obligated in whole or in part prior to such date:
23 Provided further, That the amount provided in this or any
24 prior Act for Basic Repairs and Alterations may be used
25 to pay claims against the Government arising from any
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1 projects under the heading "Repairs and Alterations" or
2 used to fund authorized increases in prospectus projects;
3 (3) $126,801,000 for installment acquisition payments in-
4 eluding payments on purchase contracts which shall re-
5 main available until expended; (4) $5,210,198,000 for
6 rental of space which shall remain available until ex-
7 pended; and (5) $2,350,968,000 for building operations
8 which shall remain available until expended: Provided fur-
9 ther, That funds available to the General Services Admin-
1 0 istration shall not be available for expenses of any con-
11 struction, repair, alteration and acquisition project for
12 which a prospectus, if required by 40 U.S.C. 3307(a), has
13 not been approved, except that necessary funds may be
14 expended for each project for required expenses for the
15 development of a proposed prospectus: Provided further,
16 That funds available in the Federal Buildings Fund may
17 be expended for emergency repairs when advance approval
18 is obtained from the Committees on Appropriations: Pro-
19 vided further, That amounts necessary to provide reim-
20 bursable special services to other agencies under 40 U.S.C.
21 592(b)(2) and amounts to provide such reimbursable fenc-
22 ing, lighting, guard booths, and other facilities on private
23 or other property not in Government ownership or control
24 as may be appropriate to enable the United States Secret
25 Service to perform its protective functions pursuant to 18
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1 U.S.C. 3056, shall be available from such revenues and
2 collections: Provided further, That revenues and collections
3 and any other sums accruing to this Fund during fiscal
4 year 2012, excluding reimbursements under 40 U.S.C.
5 592(b)(2) in excess of the aggregate new obligational au-
6 thority authorized for Real Property Activities of the Fed-
7 eral Buildings Fund in this Act shall remain in the Fund
8 and shall not be available for expenditure except as au-
9 thorized in appropriations Acts.
10 GENERAL ACTIVITIES
11 GOVERNMENT-WIDE POLICY
12 For expenses authorized by law, not otherwise pro-
13 vided for, for Government-wide policy and evaluation ac-
14 tivities associated. with the management of real and per-
15 sonal property assets and certain administrative services;
16 Government-wide policy support responsibilities relating to
17 acquisition, telecommunications, information technology
18 management, and related technology and serv-
19 ices as authorized by 5 U.S. C. 3109; $61,115,000.
20 OPERATING EXPENSES
21 For expenses authorized by law, not otherwise pro-
22 vided for, for Government-wide activities associated with
23 utilization and donation of surplus personal property; dis-
24 posal of real property; agency-wide policy direction, man-
25 agement, and communications; the Civilian Board of Con-
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I tract Appeals; services as authorized by 5 U.S.C. 3109;
2 and not to exceed $7,500 for official reception and rep-
3 resentation expenses; $69,500,000.
4 OFFICE OF INSPECTOR GENERAL
5 For necessary expenses of the Office of Inspector
6 General and service authorized by 5 U.S.C. 3109,
7 $58,000,000: Provided, That not to exceed $15,000 shall
8 be available for payment for information and detection of
9 fraud against the Government, including payment for re-
10 covery of stolen Government property: Provided further,
11 That not to exceed $2,500 shall be available for awards
12 to employees of other Federal agencies and private citizens
13 in recognition of efforts and initiatives resulting in en-
14 hanced Office of Inspector General effectiveness.
15 ELECTRONIC GOVERNMENT FUND
16 (INCLUDING TRANSFER OF FUNDS)
17 For necessary expenses in support of interagency
18 projects that enable the Federal Government to expand
19 its ability to conduct activities electronically, through the
20 development and implementation of innovative uses of the
21 Internet and other electronic methods, $12,400,000, tore-
22 main available until expended: Provided, That these funds
23 may be transferred to Federal agencies to carry out the
24 purpose of the Fund: Provided further, That this transfer
25 authority shall be in addition to any other transfer author-
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1 ity provided in this Act: Provided further, That such trans-
2 fers may not be made until 10 days after a proposed
3 spending plan and explanation for each project to be un-
4 dertaken has been submitted to the Committees on Appro-
5 priations of the House of Representatives and the Senate.
6 ALLOWANCES AND OFFICE STAFF FOR FORMER
7 PRESIDENTS
8 For carrying out the provisions of the Act of August
9 25, 1958 (3 U.S.C. 102 note), and Public Law 95-138,
10 $3,671,000.
11 FEDERAL CITIZEN SERVICES FUND
12 For necessary expenses of the Office of Citizen Serv-
13 ICes and Innovative Technologies, including services au-
14 thorized by 5 U.S.C. 3109, $34,100,000, to be deposited
15 into the Federal Citizen Services Fund: Provided, That the
16 appropriations, revenues, and collections deposited into
17 the Fund shall be available for necessary expenses of Fed-
18 eral Citizen Services activities in the aggregate amount
19 not to exceed $90,000,000. Appropriations, revenues, and
20 collections accruing to this Fund during fiscal year 2012
21 in excess of such amount shall remain in the Fund and
22 shall not be available for e::>.:penditure except as authorized
23 in appropriations Acts.
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1 ADMINISTRATIVE PROVISIONS-GENERAL SERVICES
2 ADMINISTRATION
3 (INCLUDING TRANSFERS OF FUNDS AND RESCISSION)
4 SEC. 520. Funds available to the General Services
5 Administration shall be available for the hire of passenger
6 motor vehicles.
7 SEC. 521. Funds in the Federal Buildings Fund
8 made available for fiscal year 2012 for Federal Buildings
9 Fund activities may be transferred between such activities
1 0 only to the extent necessary to meet program require-
11 ments: Provided, That any proposed transfers shall be a p ~
12 proved in advance to the Committees on Appropriations
13 of the House of Representatives and the Senate.
14 SEC. 522. Except as otherwise provided in this title,
15 funds made available by this Act shall be used to transmit
16 a fiscal year 2013 request for United States Courthouse
17 construction only if the request: ( 1) meets the design guide
18 standards for construction as established and approved by
19 the General Services Administration, the Judicial Con-
20 ference of the United States, and the Office of Manage-
21 ment and Budget; (2) reflects the priorities of tl1e Judicial
22 Conference of the United States as set out in its approved
23 5-year construction plan; and (3) includes a standardized
24 courtroom utilization study of each facility to be con-
25 structed, replaced, or expanded.
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1 SEc. 523. None of the funds provided in this Act may
2 be used to increase the amount of occupiable square feet,
3 provide cleaning services, security enhancements, or any
4 other service usually provided through the Federal Build-
5 ings Fund, to any agency that does not pay the rate per
6 square foot assessment for space and services as deter-
7 mined by the General Services Administration in consider-
8 ation of the Public Buildings Amendments Act of 1972
9 (Public Law 92-313).
10 SEC. 524. From funds made available under the
11 heading "Federal Buildings Fund, Limitations on Avail-
12 ability of Revenue", claims against the Government of less
13 than $250,000 arising from direct construction projects
14 and acquisition of buildings may be liquidated from sav-
15 ings effected in other construction projects with prior noti-
16 fication to the Committees on Appropriations of the House
17 of Representatives and the Senate.
18 SEC. 525. In any case in which the Committee on
19 Transportation and Infrastructure of the House of Rep-
20 resentatives and the Committee on Environment and Pub-
21 lie Works of the Senate adopt a resolution granting lease
22 authority pursuant to a prospectus transmitted to Con-
23 gress by the Administrator of the General Services Admin-
24 istration under 40 U.S.C. 3307, the Administrator shall
25 ensure that the delineated area of procurement is identical
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1 to the delineated area included in the prospectus for all
2 lease agreements, except that, if the Administrator deter-
3 mines that the delineated area of the procurement should
4 not be identical to the delineated area included in the pro-
5 spectus, the Administrator shall provide an explanatory
6 statement to each of such committees and the Committees
7 on Appropriations of the House of Representatives and the
8 Senate prior to exercising any lease authority provided in
9 the resolution.
10 SEc. 526. Section 1703 of title 41 U.S.C. is amended
11 in paragraph (i)(6) by:
12 ( 1) deleting "for training"; and
13 (2) deleting "paragraph (2)" and inserting in
14 lieu thereof "subparagraphs (A) and (C) to (J) of
15 section 1122(a)(5) of this title".
16 SEC. 527. Of the amounts made available under the
17 heading "Policy and Operations" for the maintenance,
18 protection, and disposal of the U.S. Coast Guard Service
19 Center at Governor's Island, New York and the Lorton
20 Correctional Facility in Lorton, Virginia in prior years
21 whether appropriated directly to the General Services Ad-
22 ministration (GSA) or to any other agency of the Govern-
23 ment and received by GSA for such purpose, $4,600,000
24 are rescinded.
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1 SEC. 528. Within 120 days of enactment, the General
2 Services Administration shall submit a detailed report to
3 the Committees on Appropriations of the House of Rep-
4 resentatives and the Senate that describes each program,
5 project, or activity that is funded by appropriations to
6 General Services Administration but is not under the con-
7 trol or direction, in statute or in practice, of the Adminis-
8 trator of General Services.
9 HARRY S TRUMAN SCHOLARSHIP FOUNDATION
10 SALARIES AND EXPENSES
11 For payment to the Harry S Truman Scholarship
12 Foundation Trust Fund, established by section 10 of Pub-
13 lie Law 93-642, $748,000, to remain available until ex-
14 pended.
15 MERlT SYSTEMS PROTECTION BOARD
16 SALARIES AND EXPENSES
17 (INCLUDING TRANSFER OF FUNDS)
18 For necessary expenses to carry out functions of the
19 Merit Systems Protection Board pursuant to Reorganiza-
20 tion Plan Numbered 2 of 1978, the Civil Service Reform
21 Act of 1978, and the Whistleblower Protection Act of
22 1989 (5 U.S.C. 5509 note), including services as author-
23 ized by 5 U.S.C. 3109, rental of conference rooms in the
24 District of Columbia and elsewhere, hire of passenger
25 motor vehicles, direct procurement of survey printing, and
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1 not to exceed $2,000 for official reception and representa-
2 tion expenses, $40,258,000, to remain available until Sep-
3 tember 30, 2013, together with not to exceed $2,345,000,
4 to remain available until September 30, 2013, for adminis-
5 trative expenses to adjudicate retirement appeals to be
6 transferred from the Civil Service Retirement and Dis-
7 ability Fund in amounts determined by the Merit Systems
8 Protection Board.
9 MORRIS K. UDALL AND STEWART L. UDALL
10 FOUNDATION
11 MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND
12 For payment to the Morris K. Udall and Stewart L.
13 Udall Trust Fund, pursuant to the Morris K. Udall and
14 Stewart L. Udall Foundation Act (20 U.S.C. 5601 et
15 seq.), $2,200,000, to remain available until expended, of
16 which, notwithstanding sections 8 and 9 of such ~ . . { / t J -
17 isw/(1) up to $50,000 shall be used to conduct financial .--
18 audits pursuant to the Accountability of Ta." Dollars Act
19 of 2002 (Public Law 107-289); and (2) up to $1,000,000
20 shall be available to carry out the activities authorized by
21 section 6(7) of Public Law 102-259 (20 U.S.C. 5604(7)).
22 ENVIRONMENTAL DISPUTE RESOLUTION FUND
23 For payment to the Environmental Dispute Resolu-
24 tion Fund to carry out activities authorized in the Envi-
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I ronmental Policy and Conflict Resolution Act of 1998,
2 $3,792,000, to remain available until expended.
3 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
4 OPERATING EXPENSES
5 (INCLUDING TRANSFER OF FUNDS)
6 For necessary expenses in connection with the admin-
7 istration of the National Archives and Records Adminis-
8 tration (including the Information Security Oversight Of-
9 fice) and archived Federal records and related activities,
10 as provided by law, and for expenses necessary for there-
11 view and declassification of documents and the activities
12 of the Public Interest Declassification Board, and for nec-
13 essary expenses in connection with the operations and
14 maintenance of the electronic records archives to include
15 all direct project costs associated with research, program
16 management, and corrective and adaptive software main-
17 tenance, and for the hire of passenger motor vehicles, and
18 for uniforms or allowances therefor, as authorized by law
19 {5 U.S.C. 5901 et seq.), including maintenance, repairs,
20 and cleaning, $373,300,000: Provided, That all remaining
21 balances appropriated in prior fiscal years under the head-
22 ing "Electronic Records Archives" shall be transferred to
23 this account.
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1 OFFICE OF INSPECTOR GENERAL
2 For necessary expenses of the Office of Inspector
3 General in carrying out the provisions of the Inspector
4 General Reform Act of 2008, Public Law 110-409, 122
5 Stat. 4302-16 (2008), and the Inspector General Act of
6 1978 (5 U.S.C. App.), and for the hire of passenger motor
7 vehicles, $4,100,000.
8 REPAIRS AND RESTORATION
9 For the repair, alteration, and improvement of ar-
lO chives facilities, and to provide adequate storage for hold-
11 ings, $9,100,000, to remain available until expended: Pro-
12 vided, That from amounts made available for the Military
13 Personnel Records Center requirement study under this
14 heading in Public Law 108-199, the remaining unobli-
15 gated balances shall be available to implement the Na-
16 tiona! Archives and Records Administration Capital Im-
17 provement Plan: Provided further, That from amounts
18 made available under this heading in Public Law 111-8
19 for construction costs and related services for building the
20 addition to the John F. Kennedy Presidential Library and
21 Museum and other necessary expenses, including ren-
22 ovating the Library as needed in constructing the addi-
23 tion, the remaining unobligated balances shall be available
24 to implement the National Archives and Records Adminis-
25 tration Capital Improvement Plan.
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1 NATIONAL HISTORICAL PUBLICATIONS AND RECORDS
2 COMMISSION
3 GRANTS PROGRAM
4 For necessary expenses for allocations and grants for
5 historical publications and records as authorized by 44
6 U.S.C. 2504, $5,000,000, to remain available until ex-
7 pended.
8 NATIONAL CREDIT UNION ADMINISTRATION
9 CENTRAL LIQUIDITY FACILITY
10 During fiscal year 2012, gross obligations of the Cen-
11 tral Liquidity Facility for the principal amount of new di-
12 rect loans to member credit unions, as authorized by 12
13 U.S.C. 1795 et seq., shall be the amount authorized by
14 section 307(a)(4)(A) of the Federal Credit Union Act (12
15 U.S.C.1795f(a)(4)(A)): Provided, That administrative ex-
16 penses of the Central Liquidity Facility in fiscal year 2012
17 shall not exceed $1,250,000.
18 COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
19 . For the Community Development Revolving Loan
20 Fund program as authorized by 42 U.S.C. 9812, 9822
21 and 9910, $1,247,000 shall be available until September
22 30, 2013 for technical assistance to low-income designated
23 credit unions.
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1 OFFICE OF GOVERNMENT ETIDCS
2 SALARIES AND EXPENSES
3 For necessary expenses to carry out functions of the
4 Office of Government Ethics pursuant to the Ethics in
5 Government Act of 1978, and the Ethics Reform Act of
6 1989, including services as authorized by 5 U.S.C. 3109,
7 rental of conference rooms in the District of Columbia and
8 elsewhere, hire of passenger motor vehicles, and not to ex-
9 ceed $1,500 for official reception and representation ex-
10 penses, $13,664,000.
11 OFFICE OF PERSONNEL MANAGEMENT
12 SALARIES AND EXPENSES
13 (INCLUDING TRANSFER OF TRUST FUNDS)
14 For necessary expenses to carry out functions of the
15 Office of Personnel Management (OPM) pursuant to Re-
16 organization Plan Numbered 2 of 1978 and the Civil Serv-
17 ice Reform Act of 1978, including services as authorized
18 by 5 U.S.C. 3109; medical examinations performed for
19 veterans by private physicians on a fee basis; rental of con-
20 ference rooms in the District of Columbia and elsewhere;
21 hire of passenger motor vehicles; not to exceed $2,500 for
22 official reception and representation expenses; advances
23 for reimbursements to applicable funds of OPM and the
24 Federal Bureau of Investigation for expenses incurred
25 under Executive Order No. 10422 of January 9, 1953,
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1 as amended; and payment of per diem and/or subsistence
2 allowances to employees where Voting Rights Act activities
3 require an employee to remain overnight at his or her post
4 of duty, $97,774,000, of which $6,004,000 shall remain
5 available until expended for the Enterprise Human Re-
6 sources Integration project, of which $642,000 may be for
7 strengthening the capacity and capabilities of the acquisi-
8 tion workforce (as defined by the Office of Federal Pro-
9 curement Policy Act, as amended (41 U.S.C. 4001 et
10 seq.)), including the recruitment, hiring, training, andre-
11 tention of such workforce and information technology in
12 support of acquisition workforce effectiveness or for man-
13 agement solutions to improve acquisition management,
14 and of which $1,416,000 shall remain available until ex-
15 pended for the Human Resources Line of Business
16 project; and in addition $112,516,000 for administrative
17 expenses, to be transferred from the appropriate trust
18 funds of OPM without regard to other statutes, including
19 direct procurement of printed materials, for the retirement
20 and insurance programs: Provided, That the provisions of
21 this appropriation shall not affect the authority to use ap-
22 plicable trust funds as provided by sections 8348(a)(1)(B),
23 and 9004(f)(2)(A) of title 5, United States Code: Provided
24 furthRr, That no part of this appropriation shall be avail-
25 able for salaries and expenses of the Legal Examining
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1 Unit of OPM established pursuant to Executive Order No.
2 9358 of July 1, 1943, or any successor unit of like pur-
3 pose: Provided further, That the President's Commission
4 on White House Fellows, established by Executive Order
5 No. 11183 of October 3, 1964, may, during fiscal year
6 2012, accept donations of money, property, and personal
7 services: Provided further, That such donations, including
8 those from prior years, may be used for the development
9 of publicity materials to provide information about the
10 White House Fellows, except that no such donations shall
11 be accepted for travel or reimbursement of travel expenses,
12 or for the salaries of employees of such Commission.
13 OFFICE OF INSPECTOR GENERAL
14 SALARIES AND EXPENSES
15 (INCLUDING TRANSFER OF TRUST FUNDS)
16 For necessary expenses of the Office of Inspector
17 General in carrying out the provisions of the Inspector
18 General Act of 1978, including services as authorized by
19 5 U.S.C. 3109, hire of passenger motor vehicles,
20 $3,142,000, and in addition, not to exceed $21,174,000
21 for administrative expenses to audit, investigate, and pro-
22 vide other oversight of the Office of Personnel Manage-
23 ment's retirement and insurance programs, to be trans-
24 ferred from the appropriate trust funds of the Office of
25 Personnel Management, as determined by the Inspector
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1 General: Provided, That the Inspector General is author-
2 ized to rent conference rooms in the District of Columbia
3 and elsewhere.
4 GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES
5 HEALTH BENEFITS
6 For payment of Government contributions with re-
7 spect to retired employees, as authorized by chapter 89
8 of title 5, United States Code, and the Retired Federal
9 Employees Health Benefits Act (74 Stat. 849), such sums
10 as may be necessary.
11 GOVERNMENT PAYMENT FOR ANNUITANTS, El\IPLOYEE
12 LIFE INSURANCE
13 For payment of Government contributions with re-
14 spect to employees retiring after December 31, 1989, as
15 required by chapter 87 of title 5, United States Code, such
16 sums as may be necessary.
17 PAYMENT TO CIVIL SERVICE RETIREMENT AND
18 DISABILITY FUND
19 For financing the unfunded liability of new and in-
20 creased annuity benefits becoming effective on or after Oc-
21 tober 20, 1969, as authorized by 5 U.S.C. 8348, and an-
22 nuities under special Acts to be credited to the Civil Serv-
23 ice Retirement and Disability Fund, such sums as may
24 be necessary: Provided, That annuities authorized by the
25 Act of May 29, 1944, and the Act of August 19, 1950
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1 (33 U.S.C. 771-775), may hereafter be paid out of the
2 Civil Service Retirement and Disability Fund.
3 OFFICE OF SPECIAL COUNSEL
4 SALARIES AND EXPENSES
5 For necessary expenses to carry out functions of the
6 Office of Special Counsel pursuant to Reorganization Plan
7 Numbered 2 of 1978, the Civil Service Reform Act of
8 1978 (Public Law 95-454), the Whistleblower Protection
9 Act of 1989 (Public Law 101-12), Public Law 107-304,
10 and the Uniformed Services Employment and Reemploy-
11 ment Rights Act of 1994 (Public Law 103-353), including
12 services as authorized by 5 U.S.C. 3109, payment of fees
13 and expenses for witnesses, rental of conference rooms in
14 the District of Columbia and elsewhere, and hire of pas-
15 senger motor vehicles; $18,972,000.
16 POSTAL REGULATORY COMMISSION
17 SALARIES AND EXPENSES
18 (INCLUDING TRANSFER OF FUNDS)
19 For necessary expenses of the Postal Regulatory
20 Commission in carrying out the provisions of the Postal
21 Accountability and Enhancement Act (Public Law 109-
22 435), $14,304,000, to be derived by transfer from the
23 Postal Service Fund and expended as authorized by sec-
24 tion 603(a) ofsuch Act.
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1 PRivACY AND CIVIL LIBERTIES OVERSIGHT BOARD
2 SALARIES AND EXPENSES
3 For necessary expenses of the Privacy and Civil Lib-
4 erties Oversight Board, as authorized by section 1061 of
5 the Intelligence Reform and Terrorism Prevention Act of
6 2004 (5 U.S.C. 601 note), $900,000, to remain available
7 until September 30, 2013.
8 RECOVERY ACCOUNTABILITY AND TRANSPARENCY
9 BOARD
10 SALARIES AND EXPENSES
11 For necessary expenses of the Recovery Account-
12 ability and Transparency Board to carry out the provi-
13 sions of title XV of the American Recovery and Reinvest-
14 ment Act of 2009 (Public Law 111-5), and to develop and
15 test information technology resources and oversight mech-
16 anisms to enhance transparency of and detect and reme-
17 diate waste, fraud, and abuse in Federal spending,
18 $28,350,000, to remain available until September 30,
19 2013.
20 SECURITIES AND EXCHANGE COMl.IHSSION
21 SALARIES AND EXPENSES
22 For necessary expenses for the Securities and Ex-
23 change Commission, including services as authorized by
24 5 U.S.C. 3109, the rental of space (to include multiple
25 year leases) in the District of Columbia and elsewhere, and
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1 not to exceed $3,500 for official reception and representa-
2 tion expenses, $1,321,000,000, to remain available until
3 expended; of which not less than $6,795,000 shall be for
4 the Office of Inspector General; of which not to exceed
5 $45,000 shall be available for a permanent secretariat for
6 the International Organization of Securities Commissions;
7 and of which not to exceed $100,000 shall be available
8 for expenses for consultations and meetings hosted by the
9 Commission with foreign governmental and other regu-
10 latory officials, members of their delegations and staffs to
11 exchange views concerning securities matters, such ex-
12 penses to include necessary logistic and administrative ex-
13 penses and the expenses of Commission staff and foreign
14 invitees in attendance including: (1) incidental expenses
15 such as meals; (2) travel and transportation; and (3) re-
16 lated lodging or subsistence: Provided, That fees and
17 charges authorized by section 31 of the Securities Ex-
18 change Act of 1934 (15 U.S.C. 78ee) shall be credited to
19 tlns account as offsetting collections: Provided further,
20 That not to exceed $1,321,000,000 of such offsetting col-
21 lections shall be available until expended for necessary ex-
22 penses of this account: Provided further, That the total
23 amount appropriated under this heading from the general
24 fund for fiscal year 2012 shall be reduced as such offset-
25 ting fees are received so as to result in a final total fiscal
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I year 2012 appropriation from the general fund estimated
2 at not more than $0.
3 SELECTIVE SERVICE SYSTEM
4 SALARIES AND EXPENSES
5 For necessary expenses of the Selective Service Sys-
6 tern, including expenses of attendance at meetings and of
7 training for uniformed personnel assigned to the Selective
8 Service System, as authorized by 5 U.S.C. 4101-4118 for
9 civilian employees; purchase of uniforms, or allowances
10 therefor, as authorized by 5 U.S.C. 5901-5902; hire of
11 passenger motor vehicles; services as authorized by 5
12 U.S.C. 3109; and not to exceed $750 for officialreception
13 and representation expenses; $23,984,000: Provided, That
14 during the current fiscal year, the President may exempt
15 this appropriation from the provisions of 31 U.S.C. 1341,
16 whenever the President deems such action to be necessary
17 in the interest of national defense: Provided further, That
18 none of the funds appropriated by this Act may be ex-
19 pended for or in connection with the induction of any per-
20 son into the Armed Forces of the United States.
21 SMALL BUSINESS ADMINISTRATION
22 SALARIES AND EXPENSES
23 For necessary expenses, not otherwise provided for,
24 of the Small Business Administration as authorized by
25 Public Law 108--44 7, including hire of passenger motor
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1 vehicles as authorized by 31 U.S.C. 1343 and 1344, and
2 not to exceed $3,500 for official reception and representa-
3 tion expenses, $417,348,000: Provided, That the Adminis-
4 trator is authorized to charge fees to cover the cost of pub-
5 lications developed by the Small Business Administration,
6 and certain loan program activities, including fees author-
7 ized by section 5(b) of the Small Business Act: Provided
8 further, That, notwithstanding 31 U.S.C. 3302, revenues
9 received from all such activities shall be credited to this
10 account, to remain available until expended, for carrying
11 out these purposes without further appropriations: Pro-
12 vided further, That the Small Business Administration
13 may accept gifts in an amount not to exceed $4,000,000
14 and may co-sponsor activities, each in accordance with sec-
15 tion 132(a) of division K of Public Law 108-447, during
16 fiscal year 2012: Provided further, That $112,500,000
I
17 shall be available to fund grants for performance in fiscal
18 year 2012 or fiscal year 2013 as authorized by section
19 21 of the Small Business Act, to remain available until
20 September 30, 2013: Provided further, That $20,000,000
21 shall remain available until September 30, 2013 for mar-
22 keting, management, and technical assistance under sec-
23 tion 7(m) of the Small Business Act (15 U.S.C.
24 636(m)(4)) by intermediaries that make microloans under
25 the microloan program: Provided further, That $7,100,000
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1 shall be available for the Loan Modernization and Ac-
2 counting System, to be available until September 30,
3 2013: Provided further, That $2,000,000 shall be for the
4 Federal and State Technology Partnership Program under
5 section 34 of the Small Business Act (15 U.S.C. 657d).
6 OFFICE OF INSPECTOR GENERAL
7 For necessary expenses of the Office of Inspector
8 General in carrying out the provisions of the Inspector
9 General Act of 1978, $16,267,000.
10 OFFICE OF ADVOCACY
11 For necessary expenses of the Office of Advocacy in
12 carrying out the provisions of title II of Public Law 94-
13 305 (15 U.S.C. 634a et seq.) and the Regulatory Flexi.-
14 bility Act of 1980 (5 U.S.C. 601 et seq.), $9,120,000, to
15 remain available until expended.
16 BUSINESS LOANS PROGRAM ACCOUNT
17 . (INCLUDING TRANSFER OF FUNDS)
18 For the cost of direct loans, $3,678,000, to remain
19 available until expended, and for the cost of guaranteed
20 loans as authorized by section 7(a) of the Small Business
21 Act (Public Law 85-536) and section 503 of the Small
22 Business Investment Act of 1958 (Public Law 85-699),
23 $207,100,000, to remain available until expended: Pro-
24 vided, That such costs, including the cost of modifying
25 such loans, shall be as defined in section 502 of the Con-
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1 gressional Budget Act of 1974: Provided further, That
2 subject to section 502 of the Congressional Budget Act
3 of 1974, during fiscal year 2012 commitments to guar-
4 antee loans under section 503 of the Small Business In-
5 vestment Act of 1958 shall not exceed $7,500,000,000:
6 Provided further, That during fiscal year 2012 commit-
7 ments for general business loans authorized under section
8 7(a) of the Small Business Act shall not exceed
9 $17,500,000,000 for a combination of amortizing term
10 loans and the aggregated ma:mnum line of credit provided
11 by revolving loans: Provided further, That during fiscal
12 year 2012 commitments to guarantee loans for debentures
13 under section 303(b) of the Small Business Investment
14 Act of 1958 shall not exceed $3,000,000,000: Provided
15 further, That during fiscal year 2012, guarantees of trust
16 certificates authorized by section 5(g) of the Small Busi-
17 ness Act shall not exceed a principal amount of
18 $12,000,000,000. In addition, for administrative expenses
19 to carry out the direct and guaranteed loan programs,
20 $147,958,000, which may be transferred to and merged
21 with the appropriations for Salaries and Expenses.
22 DISASTER LOANS PROGRAM ACCOUNT
23 (INCLUDING TRANSFERS OF FUNDS)
24 For administrative expenses to carry out the direct
25 loan program authorized by section 7(b) of the Small
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1 Business Act, $117,300,000, to be available until ex-
2 pended, of which $1,000,000 is for the Office of Inspector
3 General of the Small Business Administration for audits
4 and reviews of disaster loans and the disaster loan pro-
S grams and shall be transferred to and merged with the
6 appropriations for the Office of Inspector General; of
7 which $110,300,000 is for direct administrative expenses
8 of loan making and servicing to carry out the direct loan
9 program, which may be transferred to and merged with
10 the appropriations for Salaries and Expenses; and of
11 which $6,000,000 is for indirect administrative expenses
12 for the direct loan program, which may be transferred to
13 and merged with the appropriations for Salaries and Ex-
14 penses.
15 ADMINISTRATIVE PROVISIONs-SMALL BUSINESS
16 ADJ\:ITNISTRATION
17 (INCLUDING TRANSFER OF FUNDS)
18 SEC. 530. Not to exceed 5 percent of any appropria-
19 tion made available for the current fiscal year for the
20 Small Business Administration in this Act may be trans-
21 ferred between such appropriations, but no such appro-
22 priation shall be increased by more than 10 percent by
23 any such transfers: Provided, That any transfer pursuant
24 to this paragraph shall be treated as a reprogramming of
25 funds under section 608 of tlli.s Act and shall not be avail-
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1 able for obligation or expenditure except in compliance
2 with the procedures set forth in that section.
3 SEc. 531. Section 7(d)(5)(D) of the Small Business
4 Act (15 U.S.C. 636(d)(5)(D)) is amended by striking
5 "three years" and inserting "7 years".
6 SEC. 532. Beginning in fiscal year 2013 and each fis-
7 cal year thereafter, the budget request for the Small Busi-
8 ness Administration shall provided a detailed justification
9 of any proposed changes from the enacted level by indi-
1 0 vidual appropriation. The detailed justification shall in-
11 elude at a minimum a description of each credit and non-
12 credit program including amount of funding and costs by
13 appropriation account and fiscal year. For activities fund-
14 ed in multiple appropriations, the budget justification
15 shall specify the amount included in each enacted appro-
16 priation, the amount proposed in the budget year and a
17 justification for any proposed changes.
18 UNITED STATES POSTAL SERVICE
19 PAYMENT TO THE POSTAL SERVICE FUND
20 For payment to the Postal Service Fund for revenue
21 forgone on free and reduced rate mail, pursuant to sub-
22 sections (c) and (d) of section 2401 of title 39, United
23 States Code, $78,153,000, which shall not be available .for
24 obligation until October 1, 2012: Provided, That mail for
25 overseas voting and mail for the blind shall continue to
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I be free: Provided further, That 6-day delivery and rural
2 delivery of mail shall continue at not less than the 1983
3 level: Provided further, That none of the funds made avail-
4 able to the Postal Service by this Act shall be used to im-
5 plement any rule, regulation, or policy of charging any of-
6 ficer or employee of any State or local child support en-
7 forcement agency, or any individual participating in a
8 State or local program of child support enforcement, a fee
9 for information requested or provided concerning an ad-
10 dress of a postal customer: Provided further, That none
11 of the funds provided in this Act shall be used to consoli-
12 date or close small rural and other small post offices in
13 fiscal year 2012.
14 OFFICE OF INSPECTOR GENERAL
15 SALARIES AND EXPENSES
16 (INCLUDING TRANSFER OF FUNDS)
17 For necessary expenses of the Office of Inspector
18 General in carrying out the provisions of the Inspector
19 General Act of 1978, $241,468,000, to be derived by
20 transfer from the Postal Service Fund and expended as
21 authorized by section 603(b)(3) of the Postal Account-
22 ability and Enhancement Act (Public Law 109-435).
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1 UNITED STATES TAX COURT
2 SALARIES AND EXPENSES
3 For necessary expenses, including contract reporting
4 and other services as authorized by 5 U.S.C. 3109,
5 $51,079,000: Provided, That travel expenses of the judges
6 shall be paid upon the written certificate of the judge.
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1 TITLE VI
2 GENERAL PROVISIONS-THIS ACT
3 (INCLUDING RESCISSIONS)
4 SEC. 601. None of the funds in this Act shall be used
5 for the planning or execution of any program to pay the
6 expenses of, or otherwise compensate, non-Federal parties
7 intervening in regulatory or adjudicatory proceedings
8 funded in this Act.
9 SEC. 602. None of the funds appropriated in this Act
10 shall remain available for obligation beyond the current
11 fiscal year, nor may any be transferred to other appropria-
12 tions, unless expressly so provided herein.
13 SEC. 603. The expenditure of any appropriation
14 under this Act for any consulting service through procure-
IS ment contract pursuant to 5 U.S. C. 3109, shall be limited
16 to those contracts where such expenditures are a matter
17 of public record and available for public inspection, except
18 where otherwise provided under existing law, or under ex-
19 isting Executive order issued pursuant to existing law.
20 SEC. 604. None of the funds made available in this
21 Act may be transferred to any department, agency, or in-
22 strumentality of the United States Government, except
23 pursuant to a transfer made by, or transfer authority pro-
24 vided in, this Act or any other appropriations Act.
_,_ ..
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1 SEC. 605. None of the funds made available by this
2 Act shall be available for any activity or for paying the
3 salary of any Government employee where funding an ac-
4 tivity or paying a salary to a Government employee would
5 result in a decision, determination, rule, regulation, or pol-
6 icy that would prohibit the enforcement of section 307 of
7 the Tariff Act of 1930 (19 U.S.C. 1307).
8 SEC. 606. No funds appropriated pursuant to this
9 Act may be e..'q>ended by an entity unless the entity agrees
10 that in expending the assistance the entity will comply
11 with the Buy American Act (41 U.S.C. 10a-10c).
12 SEC. 607. No funds appropriated or otherwise made
13 available under this Act shall be made available to any
14 person or entity that has been convicted of violating the
15 Buy American Act ( 41 U.S.C. 10a-10c).
16 SEC. 608. Except as otherwise provided in this Act,
17 none of the funds provided in this Act, provided by pre-
18 vious appropriations Acts to the agencies or entities fund-
19 ed in this Act that remain available for obligation or ex-
20 penditure in fiscal year 2012, or provided from any ac-
21 counts in the Treasury derived by the collection of fees
22 and available to the agencies funded by this Act, shall be
23 available for obligation or expenditure through a re-
24 programming of funds that: (1) creates a new program;
25 (2) eliminates a program, project, or activity; (3) increases
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1 funds or personnel for any program, project, or activity
2 for which funds have been denied or restricted by the Con-
3 gress; ( 4) proposes to use funds directed for a specific ac-
4 tivity by the Committee on Appropriations of either the
5 House of Representatives or the Senate for a different
6 purpose; ( 5) augments existing programs, projects, or ac-
7 tivities in excess of $5,000,000 or 10 percent, whichever
8 is less; (6) reduces existing programs, projects, or activi-
9 ties by $5,000,000 or 10 percent, whichever is less; or (7)
10 creates or reorganizes offices, programs, or activities un-
11 less prior approval is received from the Committees on Ap-
12 propriations of the House of Representatives and the Sen-
13 ate: Provided, That prior to any significant reorganization
14 or restructuring of offices, programs, or activities, each
15 agency or entity funded in this Act shall consult with the
16 Committees on Appropriations of the House of Represent-
17 atives and the Senate: Provided further, That not later
18 than 60 days after the date of enactment of this Act, each
19 agency funded by this Act shall submit a report to the
20 Committees on Appropriations of the House of Represent-
21 atives and the Senate to establish the baseline for applica-
22 tion of reprogramming and transfer authorities for the
23 current fiscal year: Provided further, That at a minimum
24 the report shall include: (1) a table for each appropriation
25 with a separate column to display the President's budget
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I request, adjustments made by Congress, adjustments due
2 to enacted rescissions, if appropriate, and the fiscal year
3 enacted level; (2) a delineation in the table for each appro-
4 priation both by object class and program, project, and
5 activity as detailed in the budget appendix for the respec-
6 tive appropriation; and (3) an identification of items of
7 special congressional interest: Provided further, That the
8 amount appropriated or limited for salaries and expenses
9 for an agency shall be reduced by $100,000 per day for
I 0 each day after the required date that the report has not
II been submitted to the Congress.
I2 SEC. 609. Except as otherwise specifically provided
13 by law, not. to exceed 50 percent of unobligated balances
I4 remaining available at the end of fiscal year 2012 from
I5 appropriations made available for salaries and expenses
16 for fiscal year 2012 in this Act, shall remain available
17 through September 30, 2013, for each such account for
I8 the purposes authorized: Provided, That a request shall
I9 be submitted to the Committees on Appropriations of the
20 House of Representatives and the Senate for approval
2I prior to the expenditure of such funds: Provided further,
22 That these requests shall be made in compliance with re-
23 programming guidelines.
24 SEC. 610. None of the funds made available in this
25 Act may be used by the Executive Office of the President
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1 to request from the Federal Bureau of Investigation any.
2 official background investigation report on any individual,
3 except when-
4 (1) such individual has given his or her express
5 written consent for such request not more than 6
6 months prior to the date of such request and during
7 the same presidential administration; or
8 (2) such request is required due to extraor-
9 dinary circumstances involving national security.
10 SEC. 611. The cost accounting standards promul-
11 gated under chapter 15 of title 41, United States Code
12 shall not apply with respect to a contract under the Fed-
13 eral Employees Health Benefits Program established
14 under chapter 89 of title 5, United States Code.
15 SEc. 612. For the purpose of resolving litigation and
16 implementing any settlement agreements regarding the
17 nonforeign area cost-of-living allowance program, the Of-
18 fice of Personnel Management may accept and utilize
19 (without regard to any restriction on unanticipated travel
20 expenses imposed in an Appropriations Act) funds made
21 available to the Office of Personnel Management pursuant
22 to court approval.
23 SEC. 613. No funds appropriated by this Act shall
24 be available to pay for an abortion, or the administrative
25 expenses in connection with any health plan under the
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1 Federal employees health benefits program which provides
2 any benefits or coverage for abortions.
3 SEC. 614. The provision of section 613 shall not
4 apply where the life of the mother would be endangered
5 if the fetus were carried to term, or the pregnancy is the
6 result of an act of rape or incest.
7 SEC. 615. In order to promote Government access to
8 commercial information technology, the restriction on pur-
9 chasing nondomestic articles, materials, and supplies set
10 forth in chapter 83 of title 41, United States Code (popu-
li larly known as the Buy American Act), shall not apply
12 to the acquisition by the Federal Government of informa-
13 tion technology (as defined in section 11101 of title 40,
14 United States Code), that is a commercial item (as defined
15 in section 103 of title 41, United States Code).
16 SEC. 616. Notwithstanding section 1353 of title 31,
17 United States Code, no officer or employee of any regu-
18 latory agency or commission funded by this Act may ac-
19 cept on behalf of that agency, nor may such agency or
20 commission accept, payment or reimbursement from a
21 non-Federal entity for travel, subsistence, or related ex-
22 penses for the purpose of enabling an officer or employee
23 to attend and participate in any meeting or similar func-
24 tion relating to the official duties of the officer or em-
25 ployee when the entity offering payment or reimbursement
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1 is a person or entity subject to regulation by such agency
2 or commission, or represents a person or entity subject
3 to regulation by such agency or commission, unless the
4 person or entity is an organization described in section
5 501(c)(3) of the Internal Revenue Code of 1986 and ex-
6 empt from tax under section 501(a) of such Code.
7 SEC. 617. The Public Company Accounting Oversight
8 Board shall have authority to obligate funds for the schol-
9 arship program established by section 109(c)(2) of the
10 Sarbanes-Oxley Act of 2002 (Public Law 107-204) in an
11 aggregate amount not exceeding the amount of funds col-
12 lected by the Board as of December 31, 2011, including
13 accrued interest, as a result of the assessment of monetary
14 penalties. Funds available for obligation in fiscal year
15 2012 shall remain available until expended.
16 SEc. 618. From the unobligated balances of prior
17 year appropriations made available. for the Privacy and
18 Civil Liberties Oversight Board, $998,000 are rescinded.
19 SEC. 619. Section 1107 of title 31, United States
20 Code, is amended by adding to the end thereof the fol-
21 lowing: "The President shall transmit promptly to Con-
22 gress without change, proposed deficiency and supple-
23 mental appropriations submitted to the President by the
24 legislative branch and the judicial branch.".
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1 SEc. 620. Notwithstanding section 708 of this Act,
2 funds made available to the Commodity Futures Trading
3 Commission and the Securities and Exchange Commission
4 by this or any other Act may be used for the interagency
5 funding and sponsorship of a joint advisory committee to
6 advise on emerging regulatory issues.
7 SEc. 621. For purposes of Public Law 109-285, the
8 period described in section 5134(f)(1)(B) of title 31,
9 United States Code, shall be treated as a 2-year, 9-month
10 period.
11 SEC. 622. The Help America Vote Act of 2002 (Pub-
12 lie Law 107-252) is amended by:
13 (1) inserting in section 255(b)( 42 U.S.C.
14 15405) "posted on the Commission's website with a
15 notice" after "cause to have the plan";
16 (2) inserting in section 253(d)( 42 U.S.C.
17 15403) "notice of' prior to "the State plan";
18 (3) inserting in section 254(a)(ll)( 42 U.S.C.
19 15404) "notice of' prior to "the change"; and
20 (4) inserting in section 254(a)(ll)(C)(42
21 U.S.C. 15404) "notice of'' prior to "the change".
22 SEC. 623. From the unobligated balances available
23 in the Securities and Exchange Commission Reserve Fund
24 established by section 991 of the Dodd-Frank Wall Street
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I Reform and Consumer Protection Act (Public Law 111-
2 203), $25,000,000 are rescinded.
3 SEC. 624. The Department of the Treasury, the Ex-
4 ecutive Office of the President, the Judiciary, the Federal
5 Communications Commission, the Federal Trade Commis-
6 sion, the General Services Administration, the National
7 Archives and Records Administration, the Securities and
8 Exchange Commission, and the Small Business Adminis-
9 tration shall provide the on Appropriations of
10 the House and the Senate a quarterly accounting of the
II cumulative balances of any unobligated funds that were
12 received by such agency during any previous fiscal year.
13 SEc. 625. (a)(1) Notwithstanding any other provision
14 of law, an Executive agency covered by this Act otherwise
I5 authorized to enter into contracts for either leases or the
16 construction or alteration of real property for office, meet-
17 ing, storage, or other space must consult with the General
18 Services Administration before issuing a solicitation for of-
19 fers of new leases or construction contracts, and in the
20 case of succeeding leases, before entering into negotiations
21 with the current lessor.
22 (2) Any such agency with authority to enter into an
23 emergency lease may do so during any period declared by
24 the President to require emergency leasing authority with
25 respect to such agency.
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1 (b) For purposes of this section, the term "Executive
2 agency covered by this Act" means any Executive agency
3 provided funds by this Act, but does not include the Gen-
4 eral Services Administration or the United States Postal
5 Service.
6 SEC. 626. None of the funds made available in this
7 Act may be used by the Federal Trade Commission to
8 complete the draft report entitled "Interagency Working
9 Group on Food Marketed to Children: Preliminary Pro-
10 posed Nutrition Principles to Guide Industry Self-Regu-
11 latory Efforts" unless the Interagency Working Group on
12 Food Marketed to Children complies with Executive Order
13 13563.
14 SEC. 627. None of the funds made available by this
15 Act may be used to pay the salaries and expenses for the
16 following positions:
17 (1) Director, White House Office of Health Re-
18 form.
19 (2) Assistant to the President for Energy and
20 Climate Change.
21 (3) Senior Advisor to the Secretary of the
22 Treasury assigned to the Presidential Task Force on
23 the Auto Industry and Senior Counselor for Manu-
24 facturing Policy.
25 (4) White House Director of'Urban Affairs.
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1 SEc. 628. None of the funds made available in this
2 Act may be used by the Federal Communications Commis-
3 sion to remove the conditions imposed on commercial ter-
4 restrial operations in the Order and Authorization adopted
5 by the Commission on January 26, 2011 (DA 11-133),
6 or otherwise permit such operations, until the Commission
7 has resolved concerns of potential widespread harmful in-
8 terference by such commercial terrestrial operations to
9 commercially available Global Positioning System devices.
10 SEC. 629. None of the funds made available by this
11 Act may be expended for any new hire by any Federal
12 agency funded in this Act that is not verified through the
13 E-Verify Program established under section 403(a) of the
14 illegal Immigration Reform and Immigrant Responsibility
15 Act of 1996 (8 U.S.C. 1324a note).
16 SEC. 630. None of the funds made available by this
17 Act may be used to enter into a contract, memorandum
18 of understanding, or cooperative agreement with, make a
19 grant to, or provide a loan or loan guarantee to, any cor-
20 poration with respect to which any unpaid Federal tax li-
21 ability has been assessed, for which all judicial and admin-
22 istrative remedies have been exhausted or have lapsed, and
23 that is not being paid in a timely manner pursuant to an
24 agreement with the authority responsible for collecting the
25 tax liability, where the awarding agency is aware of the
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1 unpaid tax liability, unless the agency has considered sus-
2 pension or debarment of the corporation and made a de-
3 termination that this further action is not necessary to
4 protect the interests of the Government.
5 SEc. 631. None of the funds made available by this
6 Act may be used to enter into a contract, memorandum
7 of understanding, or cooperative agreement with, make a
8 grant to, or provide a loan or loan guarantee to, any cor-
9 poration that was convicted or had an officer or agent of
10 such corporation acting on behalf of the corporation con-
11 victed of a felony criminal violation under any Federal law
12 within the preceding 24 months, where the awarding agen-
13 cy is aware of the conviction, unless the agency has consid-
14 ered suspension or debarment of the corporation, or such
15 officer or agent and made a determination that this fur-
16 ther action is not necessary to protect the interests of the
17 Government.
18 SEc. 632. During fiscal year 2012, for purposes of
19 section 908(b)(1) of the Trade Sanctions Reform and Ex-
20 port Enhancement Act of 2000 (22 U.S.C. 7207(b)(1)),
21 the term "payment of cash in advance" shall be inter-
22 preted as payment before the transfer of title to, and con-
23 trol of, the exported items to the Cuban purchaser.
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1 SEC. 633. Section 8909a(d)(3)(A)(v) of title 5,
2 United States Code, is amended by striking the date speci-
3 fied in such section and inserting "August 1, 2012".
4 SEC. 6 ~ . Any amendments made after January
5 19, 2009, to the regulations set forth in sections
6 515.560(a)(1), 515.560(c)( 4)(i), 515.561, and 515.570 of
7 title 31, Code of Federal Regulations, are hereby repealed,
8 and such regulations are restored and shall be carried out
9 as in effect on such date, notwithstanding any guidelines,
10 opinions, letters, Presidential directives, or agency prac-
11 tices relating to such regulations issued or carried out
12 after such date: Provided, That any references in such sec-
13 tion 515.561 to the regulations set forth in section
14 515.560(c) of such Code shall be considered to be ref-
15 erences to such regulations as in effect on January 19,
16 2009.
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1 TITLE Vll
2 GENERAL PROVISIONS-GOVERNMENT-WIDE
3 DEPARTMENTS, AGENCIES, AND CORPORATIONS
4 SEC. 701. No department, agency, or instrumentality
5 of the United States receiving appropriated funds under
6 this or any other Act for fiscal year 2012 shall obligate
7 or expend any such funds, unless such department, agen-
8 cy, or instrumentality has in place, and will continue to
9 administer in good faith, a written policy designed to en-
1 0 sure that all of its workplaces are free from the illegal
11 use, possession, or distribution of controlled substances
12 (as defined in the Controlled Substances Act (21 U.S.C.
13 802)) by the officers and employees of such department,
14 agency, or instrumentality.
15 SEC. 702. Unless otherwise specifically provided, the
16 maximum amount allowable during the current fiscal year
17 in accordance with subsection 1343(c) of title 31, United
18 States Code, for the purchase of any passenger motor ve-
19 hicle (exclusive of buses, ambulances, law enforcement,
20 and undercover surveillance vehicles), is hereby fixed at
21 $13,197 except station wagons for which the maximum
22 shall be $13,631: Provided, That these limits may be ex-
23 ceeded by not to exceed $3,700 for police-type vehicles,
24 and by not to exceed $4,000 for special heavy-duty vehi-
25 cles: Provided further, That the limits set forth in this sec-
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1 tion may not be exceeded by more than 5 percent for elec-
2 tric or hybrid vehicles purchased for demonstration under
3 the provisions of the Electric and Hybrid Vehicle R.e-
4 search, Development, and Demonstration Act of 1976:
5 Provided further, That the limits set forth in this section
6 may be exceeded by the incremental cost of clean alter-
7 native fuels vehicles acquired pursuant to Public Law
8 101-549 over the cost of comparable conventionally fueled
9 vehicles: Provided further, That the limits set forth in this
10 section shall not apply to any vehicle that is a commercial
11 item and which operates on emerging motor vehicle tech-
12 nology, including but not limited to electric, plug-in hybrid
13 electric, and hydrogen fuel cell vehicles.
14 SEC. 703. Appropriations of the executive depart-
15 ments and independent establishments for the current fis-
16 cal year available for expenses of travel, or for the ex-
17 penses of the activity concerned, are hereby made available
18 for quarters allowances and cost-of-living allowances, m
19 accordance with 5 U.S.C. 5922-5924.
20 SEC. 704. Unless otherwise specified during the cur-
21 rent fiscal year, no part of any appropriation contained
22 in this or any other Act shall be used to pay the compensa-
23 tion of any officer or employee of the Government of the
24 United States (including any agency the majority of the
25 stock of which is owned by the Government of the United
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1 States) whose post of duty is in the continental United
2 States unless such person: (1) is a citizen of the United
3 States; (2) is a person who is lawfully admitted for perma-
4 nent residence and is seeking citizenship as outlined in 8
5 U.S.C. 1324b(a)(3)(B); (3) is a person who is admitted
6 as a refugee under 8 U.S.C. 1157 or is granted asylum
7 under 8 U.S.C. 1158 and has filed a declaration of inten-
8 tion to become a lawful permanent resident and then a
9 citizen when eligible; or (4) is a person who owes alle-
10 giance to the United States: Provided, That for purposes
II of this section, affidavits signed by any such person shall
I2 be considered prima facie evidence that the requirements
13 of this section with respect to his or her status are being
14 complied with: Provided further, That for purposes of sub-
15 sections (2) and (3) such affidavits shall be submitted
16 prior to employment and updated thereafter as necessary:
I7 Provided further, That any person making a false affidavit
18 shall be guilty of a felony, and upon conviction, shall be
I9 fined no more than $4,000 or imprisoned for not more
20 than 1 year, or both: Provided further, That the above
21 penal clause shall be in addition to, and not in substitution
22 for, any other provisions of existing law: Provided further,
23 That any payment made to any officer or employee con-
24 trary to the provisions of this section shall be recoverable
25 in action by the Federal Government: Provided further,
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1 That this section shall not apply to any person who is an
2 officer or employee of the Government of the United
3 States on the date of enactment of this Act, or to inter-
4 national broadcasters employed by the Broadcasting
5 Board of Governors, or to temporary employment of trans-
6 lators, or to temporary employment in the field service
7 (not to exceed 60 days) as a result of emergencies: Pro-
8 vided further, That this section does not apply to the em-
9 ployment as Wildland firefighters for not more than 120
10 days of nonresident aliens employed by the Department
11 of the Interior or the USDA Forest Service pursuant to
12 an agreement with another country.
13 SEC. 705. Appropriations available to any depart-
14 ment or agency during the current fiscal year for nec-
15 essary expenses, including maintenance or operating ex-
16 penses, shall also be available for payment to the General
17 Services Administration for charges for space and services
18 and those expenses of renovation and alteration of build-
19 ings and facilities which constitute public improvements
20 performed in accordance with the Public Buildings Act of
21 1959 (73 Stat. 479), the Public Buildings Amendments
22 of 1972 (86 Stat. 216), or other applicable law.
23 SEC. 706. In addition to funds provided in tllis or
24 any other Act, all Federal agencies are authorized to re-
25 ceive and use funds resulting from the sale of materials,
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1 including Federal records disposed of pursuant to a
2 records schedule recovered through recycling or waste pre-
3 vention programs. Such funds shall be available until ex-
4 pended for the following purposes:
5 (1) Acquisition, waste reduction and prevention,
6 and recycling programs as described in Executive
7 Order No. 13423 (January 24, 2007), including any
8 such programs adopted prior to the effective date of
9 the Executive order.
10 (2) Other Federal agency environmental man-
11 agement programs, including, but not limited to, the
12 development and implementation of hazardous waste
13 management and pollution prevention programs.
14 (3) Other employee programs as authorized by
15 law or as deemed appropriate by the head of the
16 Federal agency.
17 SEC. 707. Funds made available by this or any other
18 Act for administrative expenses in the current fiscal year
19 of the corporations and agencies subject to chapter 91 of
20 title 31, United States Code, shall be available, in addition
21 to objects for which such funds are otherwise available,
22 for rent in the District of Columbia; services in accordance
23 with 5 U.S.C. 3109; and the objects specified under this
24 head, all the provisions of which shall be applicable to the
25 expenditure of such funds unless otherwise specified in the
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1 Act by which they are made available: Provided, That in
2 the event any functions budgeted as administrative ex-
3 penses are subsequently transferred to or paid from other
4 funds, the limitations on administrative expenses shall be
5 correspondingly reduced.
6 SEc. 708. No part of any appropriation contained in
7 tins or any other Act shall be available for interagency
8 financing of boards (except Federal Executive Boards),
9 commissions, councils, committees, or similar groups
10 (whether or not they are interagency entities) which do
11 not have a prior and specific statutory approval to receive
12 financial support from more than one agency or instru-
13 mentality.
14 SEC. 709. None of the funds made available pursuant
15 to the provisions of this Act shall be used to implement,
16 administer, or enforce any regulation which has been dis-
17 approved pursuant to a joint resolution duly adopted in
18 accordance with the applicable law of the United States.
19 SEc. 710. During the period in which the head of
20 . any department or agency, or any other officer or civilian
21 employee of the Federal Government appointed by the
22 President of the United States, holds office, no funds may
23 be obligated or expended in excess of $5,000 to furnish
24 or redecorate the office of such department head, agency
25 head, officer, or employee, or to purchase furniture or
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1 make improvements for any such office, unless advance
2 notice of such furnishing or redecoration is transmitted
3 to the Committees on Appropriations of the House of Rep-
4 resentatives and the Senate. For the purposes of tl1is sec-
5 tion, the term "office" shall include the entire suite of of-
6 fices assigned to the individual, as well as any other space
7 used primarily by the individual or the use of which is
8 directly controlled by the individual.
9 SEC. 711. Notwithstanding section 31 U.S.C. 1346,
10 or section 708 of tl1is Act, funds made available for the
11 current fiscal year by this or any other Act shall be avail-
12 able for the interagency funding of national security and
13 emergency preparedness telecommunications initiatives
14 which benefit multiple Federal departments, agencies, or
15 entities, as provided by Executive Order No. 12472 (April
16 3, 1984).
17 SEc. 712. (a) None of the funds appropriated by lliis
18 or any other Act may be obligated or expended by any
19 Federal department, agency, or other instrumentality for
20 the salaries or expenses of any employee appointed to a
21 position of a confidential or policy-determining character
22 excepted from tl1e competitive service pursuant to 5
23 U.S.C. 3302, without a certification to the Office of Per-
24 sonnel Management from the head of the Federal depart-
25 ment, agency, or other instrumentality employing the
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1 Schedule C appointee that the Schedule C position was
2 not created solely or primarily in order to detail the em-
3 ployee to the White House.
4 (b) The provisions of this section shall not apply to
5 Federal employees or members of the armed forces de-
6 tailed to or from-
7 (1) the Central Intelligence Agency;
8 (2) the National Security Agency;
9 (3) the Defense Intelligence Agency;
10 (4) the National Geospatial-Intelligence Agency;
11 (5) the offices within the Department of De-
12 fense for the collection of specialized national foreign
13 intelligence through reconnaissance programs;
14 (6) the Bureau of Intelligence and Research of
15 the Department of State;
16 (7) any agency, office, or unit of the Army,
17 Navy, Air Force, or Marine Corps, the Department
18 of Homeland Security, the Federal Bureau of Inves-
19 tigation or the Drug Enforcement Administration of
20 the Department of Justice, the Department of
21 Transportation, the Department of the Treasury, or
22 the Department of Energy performing intelligence
23 functions; or
24 (8) the Director of National Intelligence or the
25 Office of the Director of National Intelligence.
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I SEC. 713. No part of any appropriation contained in
2 this or any other Act shall be available for the payment
3 of the salary- of any officer or employee of the Federal
4 Government, who-
5 (1) prohibits or prevents, or attempts or threat-
6 ens to prohibit or prevent, any other officer or em-
7 ployee of the Federal Government from having any
8 direct oral or written communication or contact with
9 any Member, committee, or subcommittee of the
10 - Congress in connection with any matter pertaining
11 to the employment of such other officer or employee
12 or pertaining to the department or agency of such
13 other officer or employee in any way, irrespective of
14 whether such communication or contact is at the ini-
15 tiative of such other officer or employee or in re-
16 sponse to the request or inquiry of such Member,
17 committee, or subcommittee; or
18 (2) removes, suspends from duty without pay,
19 demotes, reduces in rank, seniority, status, pay, or
20 performance or efficiency rating, denies promotion
21 to, relocates, reassigns, transfers, disciplines, or dis-
22 crilninates in regard to any employment right, enti-
- 23 tlement, or benefit, or any term or condition of em-
24 ployment of, any other officer or employee of the
25 Federal Government, or attempts or threatens to
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1 commit any of the foregoing actions with respect to
2 such other officer or employee, by reason of any
3 communication or contact of such other officer or
4 employee with any Member, committee, or sub-
5 committee of the Congress as described in paragraph
6 (1).
7 SEC. 714. (a) None of the funds made available in
8 this or any other Act may be obligated or expended for
9 any employee training that-
10 (1) does not meet identified needs for knowl-
11 edge, skills, and abilities bearing directly upon the
12 performance of official duties;
13 (2) contains elements likely to induce high lev-
14 els of emotional response or psychological stress in
15 some participants;
16 (3) does not require prior employee notification
17 of the content and methods to be used in the train-
18 ing and written end of course evaluation;
19 ( 4) contains any methods or content associated
20 with religious or quasi-religious belief systems or
21 "new age" belief systems as defined in Equal Em-
22 ployment Opportunity Commission Notice N-
23 915.022, dated September 2, 1988; or
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I ( 5) is offensive to, or designed to change, par-
2 ticipants' personal values or lifestyle outside the
3 workplace.
4 (b) Nothing in this section shall prohibit, restrict, or
5 otherwise preclude an agency from conducting training
6 bearing directly upon the performance of official duties.
7 SEC. 715. (a) No funds appropriated in this or any
8 other Act may be used to implement or enforce the agree-
9 ments in Standard Forms 312 and 4414 of the Govern-
10 ment or any other nondisclosure policy, form, or agree-
11 ment if such policy, form, or agreement does not contain
12 the following provisions: "These restrictions are consistent
13 with and do not supersede, conflict with, or otherwise alter
14 the employee obligations, rights, or liabilities created by
15 Executive Order No. 12958; section 7211 of title 5,
16 United States Code (governing disclosures to Congress);
17 section 1034 of title 10, United States Code, as amended
18 by the Military Whistleblower Protection Act (governing
19 disclosure to Congress by members of the military); sec-
20 tion 2302(b)(8) of title 5, United States Code, as amended
21 by the Whistleblower Protection Act of 1989 (governing
22 disclosures of illegality, waste, fraud, abuse or public
23 health or safety threats); the Intelligence Identities Pro-
24 tection Act of 1982 (50 U.S.C. 421 et seq.) (governing
25 disclosures that could expose confidential Government
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1 agents); and the statutes which protect against disclosure
2 that may compromise the national security, including sec-
3 tions 641, 793, 794, 798, and 952 of title 18, United
4 States Code, and section 4(b) of the Subversive Activities
5 Act of 1950 (50 U.S.C. 783(b)). The definitions, require-
6 ments, obligations, rights, sanctions, and liabilities created
7 by said Executive order and listed statutes are incor-
8 porated into this agreement and are controlling.": Pro-
9 vided, That notwithstanding the preceding provision of
10 this section, a nondisclosure policy form or agreement that
11 is to be executed by a person connected with the conduct
12 of an intelligence or intelligence-related activity, other
13 than an employee or officer of the United States Govern-
14 ment, may contain provisions appropriate to the particular
15 activity for which such document is to be used. Such form
16 or agreement shall, at a minimum, require that the person
17 will not disclose any classified information received in the
18 course of such activity unless specifically authorized to do
19 so by the United States Government. Such nondisclosure
20 forms shall also make it clear that they do not bar disclo-
21 sures to Congress, or to an authorized official of an execu-
22 tive agency or the Department of Justice, that are essen-
23 tial to reporting a substantial violation of law.
24 (b) Effective 180 days after enactment of this Act,
25 subsection (a) is amended by-
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1 (1) striking "Executive Order No. 12958" and
2 inserting "Executive Order No. 13526 (75 Fed. Reg.
3 707), or any successor thereto";
4 (2) after "the Intelligence Identities Protection
5 Act of 1982 (50 U.S.C. 421 et seq.) (governing dis-
6 closures that could expose confidential Government
7 agents);" inserting "sections 7(c) and 8H of the In-
8 spector General Act of 1978 (5 U.S.C. App.) (relat-
9 ing to disclosures to an inspector general, the inspec-
10 tors general of the Intelligence Community, and
11 Congress); section 103H(g)(3) of the National Secu-
12 rity Act of 1947 (50 U.S.C. 403-3h(g)(3) (relating
13 to disclosures to the inspector general of the Intel-
14 ligence Community); sections 17(d)(5) and 17(e)(3)
15 of the Central Intelligence Agency Act of 1949 (50
16 U.S.C. 403q(d)(5) and 403q(e)(3)) (relating to dis-
17 closures to the Inspector General of the Central In-
18 telligence Agency and Congress);"; and
19 (3) after "Subversive Activities" inserting
20 "Control".
21 (c) A nondisclosure agreement entered into before the
22 effective date of the amendment in subsection (b) may
23 continue to be implemented and enforced after that effec-
24 tive date if it complies with the requirements of subsection
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1 (a) that were in effect prior to the effective date of the
2 amendment in subsection (b).
3 SEC. 716. No part of any funds appropriated in this
4 or any other Act shall be used by an agency of the execu-
5 tive branch, other than for normal and recognized execu-
6 tive-legislative relationships, for publicity or propaganda
7 purposes, and for the preparation, distribution or use of
8 any kit, pamphlet, booklet, publication, radio, television,
9 or film presentation designed to support or defeat legisla-
1 0 tion pending before the Congress, except in presentation
II to the Congress itself.
I2 SEC. 717. None of the funds appropriated by this or
13 any other Act may be used by an agency to provide a Fed-
I4 eral employee's home address to any labor organization
15 except when the employee has authorized such disclosure
I6 or when such disclosure has been ordered by a court of
17 competent jurisdiction.
I8 SEc. 718. None of the funds made available in this
I9 Act or any other Act may be used to provide any non-
20 public information such as mailing or telephone lists to
2I any person or any organization outside of the Federal
22 Government without the approval of the Committees on
23 Appropriations of the House of Representatives and the
24 Senate.
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1 SEC. 719. No part of any appropriation contained in
2 this or any other Act shall be used directly or indirectly,
3 including by private contractor, for publicity or propa-
4 ganda purposes within the United States not heretofore
5 authorized by the Congress.
6 SEC. 720. (a) In this section, the term "agency"-
7 (1) means an Executive agency, as defined
8 under 5 U.S.C. 105; and
9 (2) includes a military department, as defined
10 under section 102 of such title, the Postal Service,
11 and the Postal Regulatory Commission.
12 (b) Unless authorized in accordance with law or regu-
13 lations to use such time for other purposes, an employee
14 of an agency shall use official time in an honest effort
15 to perform official duties. An employee not under a leave
16 system, including a Presidential appointee exempted under
17 5 U.S.C. 6301(2), has an obligation to expend an honest
18 effort and a reasonable proportion of such employee's time
19 in the performance of official duties.
20 SEC. 721. Notwithstanding 31 U.S.C. 1346 and sec-
21 tion 708 of this Act, funds made available for the current
22 fiscal year by this or any other Act to any department
23 or agency, which is a member of the Federal Accounting
24 Standards Advisory Board (F ASAB), shall be available to
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1 finance an appropriate share of F ASAB administrative
2 costs.
3 (TRANSFER OF FUNDS)
4 SEC. 722. Notwithstanding 31 U.S.C. 1346 and sec-
5 tion 708 of this .Act, the head of each Executive depart-
6 ment and agency is hereby authorized to transfer to or
7 reimburse "General Services .Administration, Government-
8 wide Policy" with the approval of the Director of the Of-
9 fice of Management and Budget, funds made available for
1 0 the current fiscal year by this or any other Act, including
11 rebates from charge card and other contracts: Provided,
12 That these funds shall be administered by the Adminis-
13 trator of General Services to support Government-wide
14 and other multi-agency financial, information technology,
15 procurement, and other management innovations, initia-
16 tives, and activities, as approved by the Director of the
17 Office of and Budget, in consultation with
18 the appropriate interagency and multi-agency groups des-
19 ignated by the Director (including the President's Man-
20 agement Council for overall management improvement ini-
21 tiatives, the Chief Financial Officers Council for financial
22 management initiatives, the Chief Information Officers
23 Council for information technology initiatives, the Chief
24 Human Capital Officers Council for human capital initia-
25 tives, the Chief Acquisition Officers Council for procure-
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1 ment initiatives, and the Performance Improvement Coun-
2 cil for performance improvement initiatives): Providedfur-
3 ther, That the total funds transferred or reimbursed shall
4 not exceed $17,000,000 for Government-Wide innovations,
5 initiatives, and activities: Provided further, That the funds
6 transferred to or for reimbursement of "General Services
7 Administration, Government-wide Policy'' during fiscal
8 year 2012 shall remain available for obligation through
9 September 30, 2013: Provided further, 'l'hat such trans-
10 fers or reimbursements may only be made after 15 days
11 following notification of the Committees on Appropriations
12 by the Director of the Office of Management and Budget.
13 SEC. 723. Notwithstanding any other provision of
14 law, a woman may breastfeed her child at any location
15 in a Federal building or on Federal property, if the woman
16 and her child are otherwise authorized to be present at
17 the location.
18 SEC. 724. Notwithstanding 31 U.S.C. 1346, or sec-
19 tion 708 of this Act, funds made available for the current
20 fiscal year by this or any other Act shall be available for
21 the interagency funding of specific projects, workshops,
22 studies, and similar efforts to carry out the purposes of
23 the National Science and Technology Council (authorized
24 by Executive Order No. 12881), which benefit multiple
25 Federal departments, agencies, or entities: Provided, That
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1 the Office of Management and Budget shall provide a re-
2 port describing the budget of and resources connected with
3 the National Science and Technology Council to the Com-
4 mittees on Appropriations, the House Committee on
5 Science and Technology, and the Senate Committee on
6 Commerce, Science, and Transportation 90 days after en-
7 actment of this Act.
8 SEC. 725. Any request for proposals, solicitation,
9 grant application, form, notification, press release, or
10 other publications involving the distribution of Federal
11 funds shall indicate the agency providing the funds, the
12 Catalog of Federal Domestic Assistance Number, as appli-
13 cable, and the amount provided: Provided, That this provi-
14 sion shall apply to direct payments, formula funds, and
15 grants received by a State receiving Federal funds.
16 SEC. 726. (a) PROHIBITION OF FEDERAL AGENCY
17 MONITORING OF INDIVIDUALS' INTERNET USE.-None of
18 the funds made available in this or any other Act may
19 be used by any Federal agency-
20 (1) to collect, review, or create any aggregation
21 of data, derived from any means, that includes any
22 personally identifiable information relating to an in-
23 dividual's access to or use of any Federal Govern-
24 ment Internet site of the agency; or
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I (2) to enter into any agreement with a third
2 party (including another goVernment agency) to col-
3 lect, review, or obtain any aggregation of data, de-
4 rived from any means, that includes any personally
5 identifiable information relating to an individual's
6 access to or use of any nongovernmental Internet
7 site.
8 (b) ExcEPTIONS.-The limitations established m
9 subsection (a) shall not apply to-
10 (1) any record of aggregate data that does not
II identify particular persons;
I2 (2) any voluntary submission of personally iden-
I3 tifiable information;
14 (3) any action taken for law enforcement, regu-
I5 latory, or supervisory purposes, in accordance with
16 applicable law; or
17 ( 4) any action described in subsection (a)(1)
I8 that is a system security action taken by the oper-
19 ator of an Internet site and is necessarily incident
20 to providing the Internet site services or to pro-
21 tecting the rights or property of the provider of the
22 Internet site.
23 (c) DEFINITIONS.-For the purposes of this section:
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1 ( 1) The term "regulatory" means agency ac-
2 tions to implement, interpret or enforce authorities
3 provided in law.
4 (2) The term "supervisory" means examma-
5 tions of the agency's supervised institutions, includ-
6 ing assessing safety and soundness, overall financial
7 condition, management practices and policies and
8 compliance with applicable standards as provided in
9 law.
10 SEC. 727. (a) None of the funds appropriated by this
II Act may be used to enter into or renew a contract which
I2 includes a provision providing prescription drug coverage,
13 except where the contract also includes a provision for con-
I4 traceptive coverage.
I5 (b) Nothing in this section shall apply to a contract
16 with-
I7 ( 1) any of the following religious plans:
I8 (A) Personal Care's HMO; and
I9 (B) OSF HealthPlans, Inc.; and
20 (2) any existing or future plan, if the earner
2I for the plan objects to such coverage on the basis of
22 religious beliefs.
23 (c) In implementing this section, any plan that enters
24 into or renews a contract under this section may not sub-
25 ject any individual to discrimination on the basis that the
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1 individual refuses to prescribe or otherwise provide for
2 contraceptives because such activities would be contrary
3 to the individual's religious beliefs or moral convictions.
4 (d) Nothing in tlris section shall be construed to re-
5 quire coverage of abortion or abortion-related services.
6 SEC. 728. The United States is comnritted to ensur-
7 mg the health of its Olympic, Pan American, and
8 Paralympic athletes, and supports the strict adherence to
9 anti-doping in sport through testing, adjudication, edu-
1 0 cation, and research as performed by nationally recognized
11 oversight authorities.
12 SEC. 729. Notwithstanding any other proVISion of
13 law, funds appropriated for official travel by Federal de-
14 partments and agencies may be used by such departments
15 and agencies, if consistent with Office of Management and
16 Budget Circular A-126 regarding official travel for Gov-
17 ernment personnel, to participate in the fractional aircraft
18 ownership pilot program.
19 SEC. 730. Notwithstanding any other proVIsion of
20 law, none of the funds appropriated or made available
21 under this Act or any other appropriations Act may be
22 used to implement or enforce restrictions or limitations on
23 the Coast Guard Congressional Fellowship Program, or to
24 implement the proposed regulations of the Office of Per-
25 sonnel Management to add sections 300.311 through
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1 300.316 to part 300 of title 5 of the Code of Federal Reg-
2 ulations, published in the Federal Register, volume 68,
3 number 17 4, on September 9, 2003 (relating to the detail
4 of executive branch employees to the legislative branch).
5 SEC. 731. Notwithstanding any other provision of
6 law, no executive branch agency shall purchase, construct,
7 and/or lease any additional facilities, except within or con-
S tiguous to existing locations, to be used for the purpose
9 of conducting Federal law enforcement training without
10 the advance approval of the Committees on Appropriations
11 of the House of Representatives and the Senate, except
12 that the Federal Law Enforcement Training Center is au-
13 thorized to obtain the temporary use of additional facilities
14 by lease, contract, or other agreement for training which
15 cannot be accommodated in existing Center facilities.
16 SEC. 732. (a) For fiscal year 2012, no funds shall
17 be available for transfers or reimbursements to the E-Gov-
. 18 ernment initiatives sponsored by the Office of Manage-
19 ment and Budget prior to 15 days following submission
20 of a report to the Committees on Appropriations of the
21 House of Representatives and the Senate by the Director
22 of the Office of Management and Budget and receipt of
23 approval to transfer funds by the Committees on Appro-
24 priations of the House of Representatives and the Senate.
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1 (b) The report in subsection (a) and other required
2 justification materials shall include at a minimum-
3 (1) a description of each initiative including but
4 not limite!l to its objectives, benefits, development
5 status, risks, cost effectiveness (including estimated
6 net costs or savings to the government), and the es-
7 timated date of full operational capability;
8 (2) the total development cost of each initiative
9 by fiscal year including costs to date, the estimated
10 costs to complete its development to full operational
11 capability, and estimated annual operations and
12 maintenance costs; and
13 (3) the sources and distribution of funding by
14 fiscal year and by agency and bureau for each initia-
15 tive including agency contributions to date and esti-
16 mated future contributions by agency.
17 (c) No funds shall be available for obligation or ex-
18 penditure for new E-Government initiatives without the
19 explicit approval of the Committees on Appropriations of
20 the House of Representatives and the Senate.
21 SEC, 733. None of the funds appropriated or other-
22 wise made available by this or any other Act may be used .
23 to begin or announce a study or public-private competition
24 regarding the conversion to contractor performance of any
25 function performed by Federal employees pursuant to Of-
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1 fice of Management and Budget Circular A-76 or any
2 other administrative regulation, directive, or policy.
3 SEC. 734. Unless otherwise authorized by existing
4 law, none of the funds provided in this Act or any other
5 Act may be used by an executive branch agency to produce
6 any prepackaged news story intended for broadcast or dis-
7 tribution in the United States, .unless the story includes
8 a clear notification within the text or audio of the pre-
9 packaged news story that the prepackaged news story was
10 prepared or funded by that executive branch agency.
11 SEC. 735. None of the funds made available in this
12 Act may be used in contravention of section 552a of title
13 5, United States Code (popularly known as the Privacy
14 Act) and regulations implementing that section.
15 SEc. 736. Each executive department and agency
16 shall evaluate the creditworthiness of an individual before
17 issuing the individual a government travel charge card.
18 Such evaluations for individually billed travel charge cards
19 shall include an assessment of the individual's consumer
20 report from a consumer reporting agency as those terms
21 are defined in section 603 of the Fair Credit Reporting
22 Act (Public Law 91-508): Provided, That the department
23 or agency may not issue a government travel charge card
24 to an individual that either lacks a credit history or is
25 found to have an unsatisfactory credit history as a result
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1 of this evaluation: Provided further, That this restriction
2 shall not preclude issuance of a restricted-use charge,
3 debit, or stored value card made in accordance with agency
4 procedures to: (1) an individual with an unsatisfactory
5 credit history where such card is used to pay travel ex-
6 penses and the agency determines there is no suitable al-
7 ternative payment mechanism available before issuing the
8 card; or (2) an individual who lacks a credit history. Each
9 executive department and agency shall establish guidelines
10 and procedures for disciplinary actions to be taken against
11 agency personnel for improper, fraudulent, or abusive use
12 of government charge cards, which shall include appro-
13 priate disciplinary actions for use of charge cards for pur-
14 poses, and at establishments, that are inconsistent with
15 the official business of the Department or agency or with
16 applicable standards of conduct.
17 SEC. 737. (a) DEFINITIONS.-For purposes of this
18 section the following definitions apply:
19 (1) GREAT LAKES.-The terms "Great Lakes"
20 and "Great Lakes State" have the same meanings
21 as such terms have in section 506 of the Water Re-
22 sources Development Act of 2000 (42 U.S.C.
23 1962d-22).
24 (2) GREAT LAKES RESTORATION ACTIVITIES.-
25 The term "Great Lakes restoration activities"
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1 means any Federal or State activity primarily or en-
2 tirely within the Great Lakes watershed that seeks
3 to improve the overall health of the Great Lakes eco-
4 system.
5 (b) REPORT.-Not later than 45 days after submis-
6 sion of the budget of the President to Congress, the Direc-
7 tor of the Office of Management and Budget, in coordina-
8 tion with the Governor of each Great Lakes State and the
9 Great Lakes Interagency Task Force, shall submit to the
10 appropriate authorizing and appropriating committees of
11 the Senate and the House of Representatives a financial
12 report, certified by the .Secretary of each agency that has
13 budget authority for Great Lakes restoration activities,
14 containing-
15 (1) an interagency budget crosscut report
16 that-
17 (A) displays the budget proposed, including
18 any planned interagency or intra-agency trans-
19 fer, for each of the Federal agencies that car-
20 ries out Great Lakes restoration activities in
21 the upcoming fiscal year, separately reporting
22 the amount of funding to be provided under ex-
23 isting laws pertaining to the Great Lakes eco-
24 system; and
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1 (B) identifies all expenditures since fiscal
2 year 2004 by the Federal Government and
3 State governments for Great Lakes restoration
4 activities;
5 (2) a detailed accounting of all funds received
6 and obligated by all Federal agencies and, to the ex-
7 tent available, State agencies using Federal funds,
8 for Great Lakes restoration activities during the cur-
9 rent and previous fiscal years;
10 (3) a budget for the proposed projects (includ-
11 ing a description of the project, authorization level,
12 and project status) to be carried out in the upcom-
13 ing fiscal year with the Federal portion of funds for
14 activities; and
15 ( 4) a listing of all projects to be undertaken in
16 the upcoming fiscal year with the Federal portion of
17 funds for activities.
18 SEC. 738. (a) IN GENERAL.-None of the funds ap-
19 propriated or otherwise made available by this or any
20 other Act may be used for any Federal Government con-
21 tract with any foreign incorporated entity which is treated
22 as an inverted domestic corporation under section 835(b)
23 of the Homeland Security Act of 2002 (6 U.S.C. 395(b))
24 or any subsidiary of such an entity.
25 (b) WAIVERS.-
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1 (1) IN GENERAL.-Any Secretary shall watve
2 subsection (a) with respect to any Federal Govern-
3 ment contract under the authority of such Secretary
4 if the Secretary determines that the waiver lS re-
5 quired in the interest of national security.
6 (2) REPORT TO CONGRESS.-Any Secretary
7 issuing a waiver under paragraph ( 1) shall report
8 such issuance to Congress.
9 (c) EXCEPTION.-This section shall not apply to any
10 Federal Government contract entered into before the date
11 of the enactment of this Act, or to any task order issued
12 pursuant to such contract.
13 SEC. 739. None of the funds made available by this
14 or any other Act may be used to implement, administer,
15 enforce, or apply the rule entitled "Competitive Area"
16 published by the Office of Personnel Management in the
17 Federal Register on April 15, 2008 (73 Fed. Reg. 20180
18 et seq.).
19 SEC. 7 40. Section 7 43 of the Consolidated Appropria-
20 tions Act, 2010 (Public Law 111-117; 31 U.S.C. 501
21 note) is amended in subsection (a)(3), by inserting after
22 "exercise of an option" the following: ", and task orders
23 issued under any such contract,".
24 SEC. 7 41. During fiscal year 2012, for each employee
25 who-
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1 (1) retires under section 8336(d)(2) or
2 8414(b)(1)(B) of title 5, United States Code, or
3 (2) retires under any other provision of sub-
4 chapter III of chapter 83 or chapter 84 of such title
5 5 and receives a payment as an incentive to sepa-
6 rate, the separating agency shall remit to the Civil
7 Service Retirement and Disability Fund an amount
8 equal to the Office of Personnel Management's aver-
9 age unit cost of processing a retirement claim for
10 the preceding fiscal year. Such amounts shall be
11 available until expended to the Office of Personnel
12 Management and shall be deemed to be an adminis-
13 trative expense under section 8348(a)(1)(B) of title
14 5, United States Code.
15 SEc. 742. Except as expressly provided otherwise,
16 any reference to "this Act" contained in any title other
17 than title IV or VIII shall not apply to such title IV or .
18 VIII.
19 SEC. 743. (a) None of the funds made available in
20 this or any other Act may be used to recommend or re-
21 quire any entity submitting an offer for a Federal contract
22 to disclose any of the following information as a condition
23 of submitting the offer:
24 (1) Any payment consisting of a contribution,
25 expenditure, independent expenditure, or disburse-
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1 ment for an electioneering communication that is
2 made by the entity, its officers or directors, or any
3 of its affiliates or subsidiaries to a candidate for
4 election for Federal office or to a political com-
5 mittee, or that is otherwise made with respect to any
6 election for Federal office.
7 (2) Any disbursement of funds (other than a
8 payment described in paragraph (1)) made by the
9 entity, its officers or directors, or any of its affiliates
10 or subsidiaries to any person with the intent or the
11 reasonable expectation that the person will use the
12 funds to make a payment described in paragraph
13 (1).
14 (b) In this section, each of the terms "contribution",
15 "expenditure", "independent expenditure", "election-
16 eering communication" "candidate" "election" and
, , '
17 "Federal office" has the meaning given such term in the
18 Federal Election Campaign Act of 1971 (2 U.S.C. 431
19 et seq.).
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I TITLE VIII
2 GENERAL PROVISIONS-DISTRICT OF
3 COLUMBIA
4 (INCLUDING TRANSFER OF FUNDS)
5 SEC. 801. There are appropriated from the applicable
6 funds of the District of Columbia such sums as may be
7 necessary for making refunds and for the payment of legal
8 settlements or judgments that have been entered against
9 the District of Columbia government.
10 SEC. 802. None of the Federal funds provided in this
11 Act shall be used for publicity or propaganda purposes or
12 implementation of any policy including boycott designed
13 to support or defeat legislation pending before Congress
14 or any State legislature.
15 SEC. 803. (a) None of the Federal funds provided
16 under this Act to the agencies funded by this Act, both
17 Federal and District government agencies, that remain
18 available for obligation or expenditure in fiscal year 2012,
19 or provided from any accounts in the Treasury of the
20 United States derived by the collection of fees available
21 to the agencies funded by this Act, shall be available for
22 obligation or expenditures for an agency through a re-
23 programming of funds which-
24 (1) creates new programs;
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1 (2) eliminates a program, project, or responst-
2 bility center;
3 (3) establishes or changes allocations specifi-
4 cally denied, limited or increased under this Act;
5 ( 4) increases funds or personnel by any means
6 for any program, project, or responsibility center for
7 which funds have been denied or restricted;
8 (5) re-establishes any program or project pre-
9 viously deferred through reprogramming;
10 ( 6) augments any existing program, project, or
11 responsibility center through a reprogramming of
12 funds in excess of $3,000,000 or 10 percent, which-
13 ever is less; or
14 (7) increases by 20 percent or more personnel
15 assigned to a specific program, project or responsi-
16 bility center,
17 unless the Committees on Appropriations of the House of
18 Representatives and the Senate are notified in writing 15
19 days in advance of the reprogramming.
20 (b) The District of Columbia government is author-
21 ized to approve and execute reprogramming and transfer
22 requests of local funds under this title through November
23 1, 2012.
24 SEC. 804. None of the Federal funds provided in this
25 Act may be used by the District of Columbia to provide
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1 for salaries, expenses, or other costs associated with the
2 offices of United States Senator or United States Rep-
3 resentative under section 4(d) of the District of Columbia
4 Statehood Constitutional Convention Initiatives of 1979
5 (D.C. Law 3-171; D.C. Official Code, sec. 1-123).
6 SEc. 805. Except as otherwise provided in this sec-
7 tion, none of the funds made available by this Act or by
8 any other Act may be used to provide any officer or em-
9 ployee of the District of Columbia with an official vehicle
10 unless the officer or employee uses the vehicle only in the
11 performance of the officer's or employee's official duties.
12 For purposes of this section, the term "official duties"
13 does not include travel between the officer's or employee's
14 residence and workplace, except in the case of-
15 (1) an officer or employee of the Metropolitan
16 Police Department who resides in the District of Co-
17 lumbia or a District of Columbia government em-
18 ployee as may otherwise be designated by the Chief
19 of the Department;
20 (2) at the discretion of the Fire Chief, an offi-
21 cer or employee of the District of Columbia Fire and
22 Emergency Medical Services Department who re-
23 sides in the District of Columbia and is on call 24
24 hours a day or is otherwise designated by the Fire
25 Chief;
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1 (3) at the discretion of the Director of the De-
2 partment of Corrections, an officer or employee of
3 the District of Columbia Department of Corrections
4 who resides in the District of Columbia and is on
5 call 24 hours a day or is otherwise designated by the
6 Director;
7 ( 4) the Mayor of the District of Columbia; and
8 ( 5) the Chairman of the Council of the District
9 of Columbia.
10 SEC. 806. (a) None of the Federal funds contained
11 in this Act may be used by the District of Columbia Attor-
12 ney General or any other officer or entity of the District
13 government to provide assistance for any petition drive or
14 civil action which seeks to require Congress to provide for
15 voting representation in Congress for the District of Co-
16 lumbia.
17 (b) Nothing in this section bars the District of Co-
18 lumbia Attorney General from reviewing or commenting
19 on briefs in private lawsuits, or from consulting with offi-
20 cials of the District government regarding such lawsuits.
21 SEC. 807. None of the Federal funds contained in
22 this Act may be used to distribute any needle or syringe
23 for the purpose of preventing the spread of blood borne
24 pathogens in any location that has been determined by the
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I local public health or local law enforcement authorities to
2 be inappropriate for such distribution.
3 SEC. 808. Nothing in this Act may be construed to
4 prevent the Council or Mayor of the District of Columbia
5 from addressing the issue of the provision of contraceptive
6 coverage by health insurance plans, but it is the intent
7 of Congress that any legislation enacted on such issue
8 should include a "conscience clause" which provides excep-
9 tions for religious beliefs and moral convictions.
10 SEC. 809. Hereafter, as part of the submission of the
11 annual budget justification, the Mayor of the District of
12 Columbia shall submit to the Committees on Appropria-
13 tions of the House of Representatives and the Senate, the
14 Committee on Oversight and Government Reform of the
15 House of Representatives, and the Committee on Home-
16 land Security and Governmental Affairs of the Senate a
17 report addressing-
IS (1) crime, including the homicide rate, imple-
19 mentation of community policing, and the number of
20 police officers on local beats;
21 (2) access to substance and alcohol abuse treat-
22 ment, including the number of treatment slots, the
23 number of people served, the number of people on
24 waiting lists, and the effectiveness of treatment pro-
25 grams, the retention rates in treatment programs,
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1 and the recidivism/re-arrest rates for treatment par-
2 ticipants;
3 (3) education, including access to special edu-
4 cation services and student achievement to be pro-
5 vided in consultation with the District of Columbia
6 Public Schools, repeated grade rates, high school
7 graduation rates, and post-secondary education at-
8 tendance rates;
9 ( 4) improvement in basic District semces, m-
10 eluding rat control and abatement; and
11 (5) application for and management of Federal
12 grants, including the number and type of grants for
13 which the District was eligible but failed to apply
14 and the number and type of grants awarded to the
15 District but for which the District failed to spend
16 the amounts received.
17 SEc. 810. None of the Federal funds contained in
18 this Act may be used to enact or carry out any law, rule,
19 or regulation to legalize or otherwise reduce penalties asso-
20 ciated with the possession, use, or distribution of any
21 schedule I substance under the Controlled Substances Act
22 (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols de-
23 rivative.
24 SEC. 811. None of the funds appropriated under
25 this Act shall be expended for any abortion except where
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1 the life of the mother would be endangered if the fetus
2 were carried to term or where the pregnancy is the result
3 of an act of rape or incest.
4 SEC. 812. (a) No later than 30 calendar days after
5 the date of the enactment of this Act, the Chief Financial
6 Officer for the District of Columbia shall submit to the
7 appropriate committees of Congress, the Mayor, and the
8 Council of the District of Columbia, a revised appropriated
9 funds operating budget in the format of the budget that
10 the District of Columbia government submitted pursuant
11 to section 442 of the District of Columbia Home Rule Act
12 (D.C. Official Code, sec. 1-204.42), for all agencies of the
13 District of Columbia government for fiscal year 2012 that
14 is in the total amount of the approved appropriation and
15 that realigns all budgeted data for personal services and
16 other-than-personal services, respectively, with anticipated
17 actual expenditures.
18 (b) This section shall apply only to an agency for
19 which the Chief Financial Officer for the District of Co-
20 lumbia certifies that a reallocation is required to address
21 unanticipated changes in program requirements.
22 SEC. 813. No later than 30 calendar days after the
23 date of the enactment of this Act, the Chief Financial Offi-
24 cer for the District of Columbia shall submit to the appro-
25 priate committees of Congress, the Mayor, and the Council
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1 for the District of Columbia, a revised appropriated funds
2 operating budget for the District of Columbia Public
3 Schools that aligns schools budgets to actual enrollment.
4 The revised appropriated funds budget shall be in the for-
5 mat of the budget that the District of Columbia govern-
6 ment submitted pursuant to section 442 of the District
7 of Columbia Home Rule Act (D.C. Official Code, Sec. 1-
8 204.42).
9 SEC. 814. Amounts appropriated in this Act as oper-
1 0 ating funds may be transferred to the District of Colum-
11 bia's enterprise and capital funds and such amounts, once
12 transferred, shall retain appropriation authority consistent
13 with the provisions of this Act.
14 SEC. 815. Notwithstanding any other laws, for this
15 and succeeding fiscal years, the Director of the District
16 of Columbia Public Defender Service shall, to the extent
17 the Director considers appropriate, provide representation
18 for and hold harmless, or provide liability insurance for,
19 any person who is an employee, member of the Board of
20 Trustees, or. officer of the District of Columbia Public De-
21 fender Service for money damages arising out of any
22 claim, proceeding, or case at law relating to the furnishing
23 of representational services or management services or re-
24 lated services while acting within the scope of that per-
25 son's office or employment, including, but not limited to
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I such claims, proceedings, or cases at law involving employ-
2 ment actions, injury, loss of liberty, property damage, loss
3 of property, or personal injury, or death arising from mal-
4 practice or negligence of any such officer or employee.
5 SEC. 816. Section 346 of the District of Columbia
6 Appropriations Act, 2005 (Public Law 108-335) is
7 amended-
8 (I) in the title, by striking "BIENNIAL";
9 (2) in subsection (a), by striking "Biennial
10 management" and inserting "Management";
11 (3) in subsection (a), by striking "States." and
12 inserting "States every five years."; and
13 ( 4) in subsection (b)(6), by striking "2" and in-
14 serting "5".
15 S:Ec. 817. Except as expressly provided otherwise,
16 any reference to "this Act" contained in this title or in
17 title IV shall be treated as referring only to the provisions
18 of this title or of title IV.
19 This division may be cited as the "Financial Services
20 and General Government Appropriations Act, 2012".
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